HomeMy WebLinkAbout2.0_General Plan Progress Report_PA2007-195CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 3, 2011 Meeting
Agenda Item No. 2
SUBJECT: General Plan Annual Progress Report including Housing
Element Report (PA2007 -195)
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
RECOMMENDATION
Receive and file.
DISCUSSION
Government Code Section 65400 mandates that the City prepare an annual report on
the status of the General Plan and the progress of implementation. Specific
requirements are included in the report which are mandated by Government Code
Section 65400(B) and Government Code Sections 65583 and 65584, relating to
implementation of the Housing Element of the General Plan. The report will be
submitted to the City Council and a copy is required to be sent to the Office of Planning
and Research (OPR) and the Department of Housing and Community Development
(HCD).
The General Plan Annual Progress Report (Attachment No. PC 1) follows preparation
guidelines set forth by OPR and provides information for decision makers on the status
of the General Plan and progress on implementation during the 2010 calendar year. Not
all Implementation Programs are included. Implementation Programs on the General
Plan Implementation Task List created by the General Plan /Local Coastal Program
Implementation Committee were reviewed. The list created by the Committee identified
the priority General Plan Implementation Program tasks to implement the General Plan.
As mandated by Government Code Sections 65583 and 65584, the Housing Element
Report of the General Plan Annual Progress Report demonstrates the City's progress in
meeting its share of regional housing needs and Housing Element programs. As
recommended by Government Code Section 65400(B) staff used guidelines provided
by HCD to prepare this Report. The Housing Element section includes the following
information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental
constraints to the maintenance, improvement, and development of housing.
HE and GP Progress Report
March 3, 2011
Page 2
Environmental Review
The Report is not subject to CEQA, as the actions are not a project as defined in
Section 15378(b) (2) of the Public Resources Code.
Noticing
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by:
Melinda Whelan, Assistant Planner
ATTACHMENTS
Submitted by:
atrick Alford, Ifflanning Manager
PC 1 General Plan Annual Progress Report (Including Housing Element Report)
Attachment No. PC 1
General Plan annual Progress Report
(Including Housing Element Report)
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL PROGRESS REPORT
(Including Housing Element Report)
2010 Calendar Year
Consistent with Government Code Section 65400, the General Plan Annual
Progress Report was prepared using guidelines set forth by OPR and provides
information for decision makers on the status of the General Plan and progress
on implementation during the 2010 calendar year. The updated Newport Beach
General Plan was adopted in November 2006 pursuant to guidelines provided in
Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c).
On December 12, 2006, City Council created the General Plan /Local Coastal
Program Implementation Committee for the purpose of guiding implementation of
the General Plan and Local Coastal Plan. The Committee created the General
Plan Implementation Task List to implement the General Plan. This report
evaluates and provides the status of work on each task as well as on other tasks
not included on the Task List.
The Housing Element Report addresses specific requirements mandated by
Government Code Section 65400(a)(2), Government Code Sections 65584 and
65583, and can be found following the General Plan Implementation tasks.
A. GENERAL PLAN IMPLEMENTATION TASKS
1. Interim zoning resolution inclL
ability to require development
agreements.
(Land Use Element)
City Council approved Ordinance
No. 2006 -07 amending Chapter
15.45 of the Municipal Code
regarding development agreements
in 2006. City Council adopted an
interim zoning resolution in 2007
which included the ability to require
2
an interim study Two Interim Study
Overlays were processed in 2010:
• To allow mixed uses
consistent with a MU -W2
(Mixed -Use Water Related)
land use designation, which
were not permitted uses
under the existing Retail and
Service Commercial (RSC)
Zoning District. The project
involved the renovation of
an existing 5 -story office
building.
• To allow a food processing
use consistent with an
Industrial (IG) land use
designation, which was not a
permitted use under the
existing Controlled
Manufacturing (M-1 -A)
Zoning District. The project
allowed for a winery.
Upon approval of the
comprehensive Zoning Code
Update in October, 2010, the
interim study overlay zoning
resolution is no longer active or
needed as the Update provides
zoning designations consistent with
the 2006 General Plan update.
2.
Procedures to implement single- and
Complete
two - family design policies.
(Land Use Element)
The Zoning Code Update added
design criteria for single and two -
unit residential development.
Implementation is ongoing.
3.
Zoning Code and Specific Plan rewrite.
Complete
(Land Use Element)
The comprehensive Zoning Code
Update was adopted by City Council
on October 26, 2010. Six of the
Specific Plans were incorporated
into other residential zoning districts
and Santa Ana Heights Specific
Plan was revised and maintained in
the updated Zoning Code.
4.
Housing Element certification by the
Pending
Department of Housing and Community
Development (HCD)
The Draft Housing
(Housing Element)
Element was re-
submitted to HCD for
their review and
consideration in
September of 2010.
• Staff is currently in the
process of working with
HCD to finalize required
changes to Draft No. 3
and anticipates
completing the revisions
and resubmitting a
revised draft to HCD by
February 11, 2011.
5.
Economic Development Strategic Plan
Ongoing
Implementation
(Land Use Element)
Bi- annually update the
Strategic Plan
Implementation schedule,
which includes objectives
from the plan and a time line
with allocated staff hours.
• Objective 2.2 Newport
Center /Fashion Island
renovations (Phase 1) are
complete. Phase II, a
renovation of the movie
theaters has begun.
• The City Council adopted the
funding criteria, an
application form, and
procedures developed by the
Special Events Advisory
Committee (SEAC). The
SEAC reviewed funding
request applications and
made recommendations to
the City Council on special
event funding prior to
adoption of the 2010 -2011
budget.
• Provided data and
background information for
development of the Lido
Village Concept Plan,
including input to
departments for review of
S
concept options.
6.
Fair Share Fee update
Pending
(Circulation Element)
Consultants hired by the City
continue to work towards completion
and adoption is anticipated in early
2011.
7.
Airport Area infrastructure study and fee
Pending
(s)
(Land Use Element)
Infrastructure recommendations
have been prepared by ROMA
Design Group, On September 22,
2010, the General Plan /Local
Coastal Program Implementation
Committee discussed the need to
approve an improvement plan and
develop a fee at this time, with little
expressed interest in residential
development on the southwest side
of MacArthur Boulevard. By
consensus, the Committee tabled
the item.
8.
Inclusionary Housing Ordinance and In-
Complete
lieu fee
(Housing Element)
On May 11, 2010, the City Council
adopted Ordinance No. 2010 -9
adding a new chapter to the City's
Subdivision Code which provides
the legal justification for requiring in-
lieu fees and procedures for the
implementation of Housing Program
2.2.1. The Inclusionary Housing
Chapter requires developers of
residential subdivisions to facilitate
production of affordable units in
numbers equal to 15 percent of the
number of for -sale market rate units
produced. Affordable, for -sale units
will be required to be sold at prices
affordable for moderate - income
households. If a subdivision
developer chooses to provide
affordable rental units, the rate shall
be affordable to very-low or low -
income households. In all cases, the
affordable units shall be legally
restricted to occupancy by, and
affordable to, households of the
5
income levels for which the
affordable units were designated for
a minimum duration of 30 years.
9.
Parking requirements and management
On -going
(Circulation Element)
• Policy issues related to
implementation measures to
form a parking management
district in the Balboa Village
area were presented to City
Council at study session in
September 2010.
Subsequently, staff was
directed to focus first on a
Balboa Village Vision Plan,
which might include a
parking management district.
• The Balboa Market building
was razed for construction of
the parking lot at 608 E.
Balboa Blvd. and 209
Washington St. The parking
lot was opened to the public
in December 2010.
10.
Local Coastal Program Land Use Plan
Complete
Amendments - Amend CLUP for
consistency with General Plan Land
The follow -up General Plan
Use Element
Amendment Nos. GP2010 -001, 004,
(Land Use Element)
005, 006, 007, 008 (PA2010 -052)
within the Land Use Element were
adopted by City Council on
September 14, 2010, to eliminate
several inconsistencies in land use
designations.
11.
Traffic signal synchronization
Pending
(Circulation Element)
• Phases 2 and 3 were
completed in April 2010.
• Phases 4 and 7 are
anticipated to be
completed in early 2011.
• Phase 5 is in design and
the construction contract is
anticipated to be awarded
by the City Council in April
2011.
no
12.
Planned Community rewrite and
On -going
revisions
(Land Use Element)
Property owners are
responsible for amendments
in the North Newport Center
and Airport Area and
revisions to other Planned
Community texts have been
put on hold due to budget
constraints.
• The City prepared a
conceptual development
plan for Koll and Conexant
(Airport Area). Based on the
conceptual development
plans they were preparing
Planned Community
amendments however, per
the applicants request the
projects were placed on-
hold.
• Banning Ranch application
includes the development of
a Planned Community
Development Text and the
draft EIR is anticipated to be
circulated in Spring 2011.
13.
Banning Ranch Pre - Annexation and
Pending
Development Agreement
(Land Use Element)
Notice of Preparation of EIR
released in March 2009.
• Environmental Scoping
meeting held in April 2009.
• Report of Funding Feasibility
for Open Space Acquisition
at City Council Study
Session August 2009.
• City Council approved the
water supply assessment in
October 2010, concluding
that there will be adequate
water supplies to meet the
demands of the Banning
Ranch project.
• The draft EIR is anticipated
to be circulated in Spring
2011.
14.
Acquisition for Open Space — support
Ongoing
active pursuit of Banning Ranch as
permanent open space
(Land Use Element)
The exploration for the
acquisition of Banning Ranch
is continual, but to date, no
funding sources have been
identified.
15.
Harbor Area Management Plan (HAMP)
Complete
(Harbor and Bay Element)
Council approved HAMP in
November 2010.
16.
Run -off and Pollution Reduction Plan
On -going
(Natural Resources Element)
• Continued compliance
SARWQCB Water Quality
Order No. R8- 2009 -0030
NPDES No. CAS618030
which is the storm water
permit issued by the Santa
Regional Water Quality
Control Board (SRWQB).
The following actions were taken in
using water more efficiently to result
in lowered pollutant loads from
entering storm drains and ultimately
the bay and ocean:
• Coordinated the Water
Supply Implementation Plan.
• Continued Tiered Water
Rate Development.
• Implemented action to
comply with SB -7 Governors
Water Reduction of 20% by
2020.
• Pursuant to the Prop. 84
Grant, implemented water
use efficiency and runoff
reduction components
throughout Newport Beach's
Areas of Special Biological
n
Significance (ASBS)
watershed.
• Submitted 2010 Urban Water
Management Plan (UWMP)
to the Department of Water
Resources.
17.
Land Use database refinements and
On -going
maintenance
(Land Use Element)
Maintenance and updates of
databases are on- going.
18.
Measure S guidelines regarding variable
Complete
FAR
(Land Use Element)
Amendments to City Council Policy
Manual adopted in August 2009.
19.
Building Code amendments regarding
Ongoing
green buildings
(Land Use Element)
The Task Force on Green
Development ended in 2009 and
recommendations were made to the
City Council to incorporate the
following measures as an
amendment to the California Green
Building Standards Code:
• For residential - energy star
designation for all
appliances, establish a
maximum kitchen faucet flow
rate and dishwasher water
use, and a minimum
efficiency rating value air
filter for HVAC equipment.
• For nonresidential — control
storm water runoff quantity
and quality, energy star
equipment and appliances if
available, energy saving
controls for buildings with
one or more elevators or
escalators, reduce water of
commercial clothes washer
by 10% below CEC
standard, and reduce water
for commercial dishwashers
consistent with the Green
building Code.
• City Council adoption is
anticipated early 2011.
20.
Amend City Council Policies on historic,
Not Started
archaeological and paleological
resources
Historical Resources Element
21.
Funding and priority program for
Not started
construction of noise barriers along
arterials
(Noise Element)
22.
Annual Review of CIP to determine
Ongoing
consistency with the General Plan and
Coastal Land Use Plan
On June 3, 2010, staff presented
(Land Use Element)
CIP for fiscal year 2010 -2011 to the
Planning Commission for review.
The Planning Commission provided
comment and the CIP was included
with the CIP budget presentation to
the City Council.
23.
Emergency Preparedness
Ongoing
(Safety Element)
• The City's comprehensive
Emergency Management
Plan (EMP) was updated.
The EMP is a legal
document required by the
California Emergency
Management Agency (Cal
EMA). The last update was
in 2004. The EMP had to be
completely revised due to
the creation of the National
Incident Management
System (NIMS) and many
changes at the federal, state,
and local level. The updated
Plan will be sent to the State
for approval in February
2011, and then to the City
Council for final approval.
• On October 28, 2010, the
annual City -wide Emergency
Operations Center (EOC)
drill was held. At the request
of city management, a "back
to basics" approach was
taken due to the large
number of new EOC staff.
10
The Drill involved 108 city
staff members as well as
many Community
Emergency Response Team
(CERT), Volunteers in Police
Service (VIPs) and Radio
Amateur Civil Emergency
Service (RACES) volunteers.
A critique was conducted at
the end of the drill and a
Corrective Action Plan was
created to address any
problems or suggestions.
• The County proclaimed a
"Local Emergency" on behalf
of all cities in Orange
County, which prompted the
State to proclaim a "State of
Emergency' due to flooding
from heavy rains and the
City was able to seek 75%
reimbursement for all costs
related to the storm damage.
The storm damage
reimbursement allowed the
Fire Department to replace
the main roof at Lifeguard
Headquarters and to repair
several fire stations. To
date, the City has applied for
$183,902 from the State to
reimburse the City's General
Fund for expenses incurred
by the January, 2010, Winter
storms.
B. GENERAL PLAN POLICY IMPLEMENTATION TASKS NOT INCLUDED ON THE
GP /LCP TASK LIST
Priority for Facility Provision Parks
Recreation
(Recreation Element)
Sunset Ridge Park -
Currently working on
obtaining all necessary
permits including California
Coastal Commission (CCC)
and construction is
anticipated to beain Fall
ill
2011.
• Banning Ranch - draft plans
include 52 acres of park and
open space areas. The draft
EIR is anticipated to be
circulated in Spring 2011,
2.
Alternative Transportation Modes
Ongoing
(Circulation Element)
Task Force on Cycling Safety made
the following recommendations in a
final report to City Council on May
11, 2010:
• Education and Outreach -
update the City's bicycle
trails map, disseminate
bicycle safety information,
increase participation and
coordination with schools,
update the City's master bike
plan, and host coordination
meetings with the Police
Department and bicycle
advocates.
• Road Improvements -
install improved signage,
develop a sharrows program
and guidelines, implement a
sharrow demonstration
project, and identify areas
where auto traffic and bike
traffic coordination could be
improved.
• Encouraging Cycling -
develop a City bike rack
policy, including design
guidelines, promote a "Day
without Cars" campaign with
coordination with Bike to
Work Week, and create a
permanent city bicycle
committee.
• Pursuant to City Council
guidance, based on these
recommendations, a
permanent bicycle
committee was established
in late 2010 to implement
these recommendations.
Provide a pedestrian- oriented village
environment that reflects its waterfront location,
providing a mix of uses that serves visitors and
local residents in Lido Village.
(Land Use Element)
12
Lido Marina Village Conceptual
Plan:
• On July 27, 2010, the City
Council designated an ad
hoc committee consisting of
Mayor Curry and Council
Members Henn and
Rosansky to participate in a
conceptual planning process
to analyze potential land use
alternatives for the City Hall
site, Lido Marina Village and
Via Lido Plaza.
• The ad hoc committee along
with representatives of Lido
Marina Village and Via Lido
Plaza retained a consultant
and a design team from a
competitive selection
process to manage the
overall effort and to develop
the conceptual plans.
• A City Council Study Session
was held on November 23,
2010, where two alternatives
will be presented during the
study session and these two
alternatives are considered
90% complete. The design
team received input from the
City Council and the public to
refine the concept plans.
• A public outreach meeting is
scheduled for January 11,
2011, and a final
presentation of the full study
is planned to go to the City
Council on January 25,
2011.
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL PROGRESS REPORT
Housing Element Report
2010 Calendar Year
As required by Government Code Sections 65583 and 65584, the Housing
Element Report demonstrates the City's progress in meeting its share of regional
housing needs and Housing Element programs. As mandated by Government
Code Section 65400, this report was prepared consistent with guidelines
provided by the Department of Housing and Community Development (HCD).
The Housing Element report includes the following information:
A. annual building activity reports for new housing units;
B. regional housing needs allocation progress; and
C. program implementation status including local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing.
A. Annual Building Activity Reports for New Housing Units
Data from the Newport Beach Building Department "Building Activity Report" was
used to prepare the following table, illustrating the number of permits issued for
construction of new housing units and for demolished housing units in calendar
year 2010:
PERMITS ISSUED FOR HOUSING UNITS :r
2010
CALENDAR YEAR
NEW UNITS
'DEMOLISHED UNITS
NET INCREASE IN UNITS
2010
63
165
-2
1►
ANNUAL? BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2010
NO. OF UNITS
1.
2.
3.
4.
5.
6.
7.
PERMITTED
SINGLE
2 -4 UNITS
5+
SECOND
MOBILE
TOTAL
INFILL
FOR
FAMILY
UNITS
UNIT
HOMES
UNITS
NO. OF UNITS
0
0
0
0
0
0
0
PERMITTED
FOR
MODERATE
No. OF UNITS
51
6 (2 -UNIT
0
0
0
0
63
PERMITTED
PROJECTS)
FOR
= 12 TOTAL
ABOVE
UNITS
MODERATE
B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS
The Southern California Association of Governments (SCAG) prepared a
Regional Housing Needs Allocation (RHNA) to identify the housing needs for
each jurisdiction within the SCAG region. SCAG, through the RHNA process,
assigned Newport Beach a share of the region's new housing units that should
be constructed in the 2006 -2014 planning period to satisfy housing needs
resulting from projected growth in the region. To accommodate projected growth
in the region, SCAG determined the City's share of RHNA to be 1,769 new
dwelling units.
The Draft Housing Element (Draft No. 3) was re- submitted to HCD for their
review and certification on February 11, 2011. Draft No. 3 addressed HCD
required changes and recommendations that were provided on previous Draft
No. 2.
The table, below, summarizes the City's share of RHNA for new housing
construction, for households at different income levels, for the 2006 -2014
Planning Period. Pursuant to HCD guidelines, it includes a carryover of the
unaccommodated portion of the 2000 -2005 RHNA allocation of 145 units.
3
CITY'S PROGRESS IN MEETING IT'S SHARE OF THE REGIONAL HOUSING NEEDS
ASSESSMENT DURING RHNA PERIOD 2006 -2014
STATUS: ,
VERY
LOW
MODERATE
ABOVE
TOTAL
LOW
strictly enforcing building code regulations
A quarterly report on code
MODERATE
and abating code violations and
PROJECTED NEED
451
319
442
702
1,914
NEW UNITS
0
0
0
18
18
PERMITTED
and Community Development Division in
City staff attends OCHA's
their administration of rehabilitation loans
06 -07
and grants for low- and moderate - income
meetings to keep up to date
homeowners and rental property owners
NEW UNITS
0
0
0
10
10
PERMITTED 07 -08
rental property owners within
NEW UNITS
0
0
0
6
6
PERMITTED 08 -09
1.13
Require replacement of housing
On -going
demolished within the Coastal Zone when
NEW UNITS
0
0
0
0
0
PERMITTED 09 -10
households within the preceding 12
Affordable Housing" to
months. The City shall prohibit demolition
,REMAINING NEED
451
1319
1442
1668
11,880
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS
TO REMOVE GOVERNMENTAL CONSTRAINTS
:PROGRAM`
GOAL .,
STATUS: ,
1.1.1
Improve housing quality and prevent
On -going
deterioration of existing neighborhoods by
strictly enforcing building code regulations
A quarterly report on code
and abating code violations and
enforcement activities is
nuisances.
available and kept on file at
the City.
1.1.2
Participate with the Orange County
On -going
Housing Authority (OCHA) and Housing
and Community Development Division in
City staff attends OCHA's
their administration of rehabilitation loans
Cities Advisory Committee
and grants for low- and moderate - income
meetings to keep up to date
homeowners and rental property owners
on rehabilitation programs
to encourage preservation of existing City
offered by the County in order
housing stock,
to inform homeowners and
rental property owners within
the City of opportunities and
to encourage preservation of
existinq housinq stock.
1.13
Require replacement of housing
On -going
demolished within the Coastal Zone when
housing is or has been occupied by very-
The City uses Chapter 20.34
low, low -, and moderate - income
"Conversion or Demolition of
households within the preceding 12
Affordable Housing" to
months. The City shall prohibit demolition
implement this program. No
unless a Coastal Residential Development
CRDPs were issued in 2010.
(CRDP) Permit has been issued. The
specific provisions implementing
rd
replacement unit requirements are
contained in the Zoning Code.
PROGRAM
GOAD
'STATUS';
2.1.1
Maintain rental opportunities by
On -going
restricting conversions of rental units to
condominiums unless the vacancy rate in
A vacancy rate survey is
Newport Beach for rental housing is an
completed every quarter to
average 5 percent or higher for four (4)
monitor consistency with this
consecutive quarters, and unless the
policy. The results of the
property owner complies with
surveys conducted for the 2010
condominium conversion regulations
calendar year provided an
contained in Chapter 19.64 of the
average vacancy rate higher
Newport Beach Municipal Code.
than 5 percent therefore,
conversions are not restricted.
2.1.2
Take all feasible actions, through use of
On -going
development agreements, expedited
development review, and expedited
No applications for construction
processing of grading, building and other
of affordable housing were
development permits, to ensure
submitted.
expedient construction and occupancy
for projects approved with low- and
moderate - income housing requirements.
2.1.3
Participate with the County of Orange in
On -Going
the issuance of tax - exempt mortgage
revenue bonds to facilitate and assist in
The issuance of tax - exempt
financing, development and construction
mortgage revenue bonds is
of housing affordable to low and
project driven, and the
moderate - income households.
developer typically applies for
the bonds. No applications were
received.
2.1.4
Conduct an annual compliance-
On -Going
monitoring program for units required to
be occupied by very low -, low -, and
Annual compliance monitoring
moderate - income households.
report for the City's income and
rent restricted units was
completed in November 2010
with follow -up continuing
through early 2011 for one out
of compliance affordable
housing project.
2.2.1
Require a proportion of affordable
On -going
housing in new residential developments
or levy an in -lieu fee. The City's goal over
No projects were approved.
the five-year planning period is for an
5
average of 15 percent of all new housing
On May 11, 2010, the City
units to be affordable to very low —, low -,
Council adopted Ordinance No.
and moderate - income households. The
2010 -9 adding a new chapter to
City shall either (a) require the payment
the City's Subdivision Code
of an in -lieu fee, or (b) require the
implementing Housing Program
preparation of an Affordable Housing
2.2.1 of the Housing Element.
Implementation Plan (AHIP) that
The Chapter provides the
specifies how the development will meet
specific requirements
the City's affordable housing goal,
necessary to implement the
depending on the following criteria for
Housing Program. The
project size:
Inclusionary Housing Chapter
requires developers of
1. Projects of 50 or fewer units shall
residential subdivisions to
have the option of preparing an AHIP or
facilitate production of
paying the in -lieu fee,
affordable units in numbers
equal to 15 percent of the
2. Projects where more than 50
number of for -sale market rate
units are proposed shall be required to
units produced. Affordable, for -
prepare an AHIP.
sale units will be required to be
Implementation of this program will occur
sold at prices affordable for
in conjunction with City approval of any
moderate - income households.
residential discretionary permits or
If a subdivision developer
Tentative Tract Maps. To insure
chooses to provide affordable
compliance with the 15 percent
rental units, the rate shall be
affordability requirements, the City will
affordable to very-low or low -
include conditions in the approval of
income households. In all
discretionary permits and Tentative Tract
cases, the affordable units shall
Maps to require ongoing monitoring of
be legally restricted to
those projects.
occupancy by, and affordable
to, households of the income
levels for which the affordable
units were designated for a
minimum duration of 30 years.
2.2.2
The City shall provide more assistance
On -going
for projects that provide a higher number
of affordable units or a greater level of
No projects providing greater
affordability. At least 15 percent of units
than the required affordability
shall be affordable when assistance is
component were proposed.
provided from Community Development
Block Grant funds or the City's in -lieu
housing fund.
2.2.3
For new developments proposed in the
On -going
Coastal Zone areas of the City, the City
shall follow Government Code
See status of Program 1.1.3.
Section 65590 and Title 20.
2.2.4
All required affordable units shall have
On -going
restrictions to maintain their affordability
for a minimum of 30 years.
No new affordable units were
approved.
2.2.5
Advise existing landowners and
On -going
prospective developers of affordable
housing development opportunities
City staff has been discussing
available within the Banning Ranch,
affordable housing
Airport Area, Newport Center, Mariners'
development opportunities with
Mile, West Newport, and Balboa
the applicants on the Banning
Peninsula areas.
Ranch, Koll and Conexant
projects and with other
potential affordable housing
developers. As part of the
Master Plan Development of
Banning Ranch and the Plans
for Koll and Conexant, an AHIP
will be prepared to address
affordable housing
requirements.
2.2.6
Periodically contact known local
On -going
developers and landowners to solicit new
affordable housing construction.
The City Manager's Office and
Economic Development
Division periodically discuss the
construction of new affordable
housing with local developers
and landowners.
City staff introduces the idea of
constructing affordable housing
to developers who propose
large residential projects and
discuss density bonuses to
assist in the construction of
affordable housing.
2.2.7
Participate in other housing assistance
On -going
programs that assist production of
housing.
City staff attends OCHA Cities
Advisory Committee meetings
to keep up -to -date with
programs that assist in the
production of housing.
Staff informs developers of
programs that are available to
assist in the production of
housing for all income levels.
2.2.8
New developments which provide
On -going
housing for lower income households
that help meet regional needs shall have
The City has provided a copy of
priority for the provision of available and
the Housing Element to water
7
PROGRAM
future resources or services, including
water and sewer supply and services.
and sewer service providers.
Pursuant to state law, water
and sewer providers must grant
priority to developments that
include housing units affordable
to lower income households.
2.3.1
Study housing impacts of proposed major
On -going
commercial/industrial projects during the
development review process. Prior to
Staff will consider developing
project approval, a housing impact
housing impact fees for all new
assessment shall be developed by the
commercial and industrial
3.1.2
City with the active involvement of the
developments as an additional
developer. Such assessment shall
or alternative resource for
indicate the magnitude of jobs to be
providing affordable housing.
created by the project, where housing
bonuses and other incentives
opportunities are expected to be
Staff monitors all new planning
available, and what measures (public and
applications for applicability.
private) are requisite, if any, to ensure an
now included in the Zoning
adequate supply of housing for the
Code.
3.1.3
projected labor force of the project and
On -going
for any restrictions on development due
to the "Charter Section 423" initiative.
Waivers and incentives are
PROGRAM
aGOAL`
STATUS_.;
3.1.1
Provide a streamlined "fast - track"
On -going
development review process for
proposed affordable housing
The City considers "fast track"
developments.
development review incentives
on a project -by- project basis.
3.1.2
When a residential developer agrees to
On -going
construct housing for persons and
families of very low, low and moderate
The City considers density
income above mandated requirements,
bonuses and other incentives
the City shall either (1) grant a density
on a project -by- project basis.
bonus as required by state law, or
Chapter 20.32 Density Bonus is
(2) provide other incentives of equivalent
now included in the Zoning
financial value.
Code.
3.1.3
Review and consider in accordance with
On -going
state law, the waiver of planning and park
fees, and modification of development
Waivers and incentives are
standards, (e.g., setbacks, lot coverage,
considered by the Planning
etc.) at the discretion of City Council and
Commission and City Council
Planning Commission for developments
on a project -by- project basis.
containing very low, low- and moderate-
There were no projects during
income housing in proportion to the
the 2010 calendar year.
number of low- and moderate - income
units in each entire project.
3.2.1
Identify the following sites as adequate,
Ongoing
which will be made available through
appropriate zoning and development
The City completed the
standards and with public services and
comprehensive Zoning Code
facilities needed to facilitate and
Update, which reflects changes
encourage development of a variety of
to facilitate the development of
housing types to meet City housing goals
the identified sites:
as identified pursuant to Government
A conceptual
Code Section 65583(b): Banning Ranch,
development plan has
Airport Area, Newport Center, Mariners'
been prepared for
Mile, and the Balboa Peninsula areas.
future residential
development on the Koll
and Conexant
properties in the Airport
Area and both property
owners have submitted
applications for zoning
documents however,
per the applicants
request the projects
were placed on -hold.
• Banning Ranch
application includes the
development of a
Planned Community
Development Text. The
draft EIR is anticipated
to be circulated in
spring 2011 and City
Council approved the
water supply
assessment in October,
2010, concluding that
there will be adequate
water supplies to meet
the demands of the
Banning Ranch project.
3.2.2
Update Zoning Code to reflect housing
Complete
opportunities provided in the Land Use
Element.
City Council adopted the
comprehensive Zoning Code
Update on October 26, 2010
which reflects new housing
opportunities created by the
2006 General Plan Update.
3.2.3
When requested by property owners, the
On -going
City shall approve rezoning of developed
or vacant property from non - residential to
No applications to rezone land
M
residential uses when appropriate. These for residential use, other than
rezoned properties shall be added to the those noted in 3.2.1, were
list of sites for residential development. received.
PROGRAM
=GOAL
STATUS, 1
4.1.1
Periodically contact owners of affordable
On -going
units for those developments listed in
Table H12 to obtain information
Staff maintains an updated
regarding their plans for continuing
contact list for affordable units in
affordability on their properties.
conjunction with the 2008
Housing Element Update.
4.1.2
Consult with the property owners
On -going
regarding utilizing CDBG funds and in-
lieu housing funds to maintain affordable
Affordability covenants
housing opportunities in those
expired for Baywood
developments listed in Table H12.
Apartments (Villa Point 1)
and Newport North
Apartments (Villa Point
11), despite staff efforts to
extend these covenants.
• The City entered into an
affordable housing
agreement with Seaview
Lutheran Plaza in late
2009 to extend the
affordability covenant an
additional 30 years in
exchange for $135,000
in affordable housing in-
lieu funds to replace the
deteriorated water
distribution system. In
2010 the parties
amended the agreement
providing additional
funds to replace the
property's single check
valve backflow device
with a code approved
device and thus continue
in our efforts to maintain
these 100 affordable
units.
4.1.3
Prepare written communication for
On -going
tenants and other interested parties
about Orange County Housing Authority
Pamphlets informing
Section 8 opportunities to assist tenants
prospective tenants and
and prospective tenants to acquire
landlords about the OCHA
additional understanding of housing law
Section 8 program have been
im
and related policy issues.
made available in the public
lobby and information is posted
on the City Website.
4.1.4
Investigate availability of federal, state,
On -going
and local programs (including in -lieu
funds) and pursue these programs if
The City has continued to
found feasible, for the preservation of
investigate available programs
existing low- income housing, especially
and evaluate the feasibility of
for preservation of low- income housing
participating in such programs.
that may increase to market rates during
the next ten years. A list of these
programs, including sources and funding
amounts, will be identified as part of this
program and maintained on an on -going
basis.
4.2.1
Investigate the use of federal funds to
On -going
provide technical and financial
assistance, if necessary, to all eligible
The City investigates available
homeowners and residential rental
programs and evaluates the
property owners to rehabilitate existing
feasibility of participating in such
dwelling units through low- interest loans
programs.
or potential loans, or grants to very low —,
low- and moderate - income, owner-
City Council approved
occupants of residential properties to
the Utility Connection
rehabilitate existing units.
Grant Program
guidelines in order to
provide utility hook -up
assistance to low -
income households in
Newport Beach utility
undergrounding
Assessment Districts.
The grant program was
allocated $65,922 in
CDBG funds in the
2010 -2011 fiscal year.
The City expects to give
grants to 3 homeowners
prior to the end of the
2010 -2011 fiscal year.
4.2.2
In accordance with Government Code
On -going
Section 65863.7, require a relocation
impact report as a prerequisite for the
Consistent with state law, a
closure or conversion of an existing
detailed relocation impact report
mobile home park.
is a requirement for the permit
for proposed closures or
conversions. There were no
closures or conversions in 2010.
11
4.2.3
Should need arise, consider using a
portion of its Community Development
Block Grant funds for establishment and
implementation of an emergency home
repair program. Energy efficient products
shall be required whenever appropriate.
On -going
A need for this program has not
been demonstrated.
4.2.4
Participate as a member of the Orange
On -going
County Housing Authority Advisory
Committee and work in cooperation with
Staff attends the quarterly
the Orange County Housing Authority to
meetings of the OCHA Cities
provide Section 8 Rental Housing
Advisory Committee.
Assistance to residents of the
to the following organizations to
community. The City shall, in cooperation
Staff continually works in
with the Housing Authority, recommend
cooperation with the County to
and request use of modified fair market
provide Section 8 rental housing
rent limits to increase number of housing
assistance to residents.
units within the City that will be eligible to
People In Need (SPIN), and
participate in the program. The Newport
A link to the Orange County
Beach Planning Department shall
Housing Authority website has
prepare and implement a publicity
been placed on the City website
program to educate and encourage
to provide information on the
landlords within the City to rent their units
Section 8 program.
to Section 8 Certificate holders and to
Human Options.
5.1.2
make very low- income households
oin
aware of availability of the Section 8
Rental Housing Assistance Program.
PROGRAM .'GOAL,
5.1.1
Apply for United States Department of
On -going
Urban Development Community
Development Block Grant funds and
Through the approved Action
allocate a portion of such funds to sub-
Plans for Fiscal year 2010 -
recipients who provide shelter and other
2011, the City provided funding
services for the homeless.
to the following organizations to
preserve the supply of
emergency and transitional
housing: Human Options,
Families Forward, Serving
People In Need (SPIN), and
Fair Housing Council of Orange
County.
The following organization has
been funded to assist homeless
battered women and children:
Human Options.
5.1.2
Cooperate with the Orange CountyOn-
oin
12
6.1.1
Housing Authority to pursue
On -going
establishment of a Senior /Disabled or
The City refers low income
Limited Income Repair Loan and Grant
residents to Orange County for
Program to underwrite all or part of the
rehabilitation of mobile homes,
cost of necessary housing modifications
to Neighborhood Housing for
and repairs. Cooperation with the Orange
first time buyer programs, and
County Housing Authority will include
to Rebuilding Together for
continuing City of Newport Beach
handyman service for low
participation in the Orange County
income and senior households.
Continuum of Care and continuing to
provide CDBG funding.
5.1.3
Permit, where appropriate, development
On -going
of "granny" units in single - family areas of
the City.
No permits were requested or
issued in 2010.
5.1.4
Consistent with development standards in
On -going
residential and commercial areas, permit
emergency shelters and transitional
Emergency shelters are
housing under group housing provisions
permitted in the OA and PI
in its Zoning Code.
Zones without the requirement
of a use permit. This was
provided for with the Zoning
Code Update completed in
October 2010.
5.1.5
Work with the City of Santa Ana to
On -going
provide recommendations for the
allocation of HUD Housing Opportunities
The City attended the annual
for Persons with AIDS ( HOPWA) funds
HOPWA Strategy meeting and
within Orange County.
participated in providing
recommendations for the
allocations of HOPWA funds.
5.1.6
Maintain a list of "Public and Private
On -going
Resources Available for Housing and
Community Development Activities."
City maintains a list of
resources that are available for
housing and community
development activities. A list of
resources and links are
provided on the City's website.
6.1.1
Contract with an appropriate fair housing
On -going
service agency for the provision of fair
housing services for Newport Beach
The City contracted with the OC
residents. The City will also work with the
Fair Housing Council to provide
fair housing service agency to assist with
these services in 2009 -10 and
13
the periodic update of the Analysis of
2010 -11.
7.1.1
Impediments to Fair Housing document
On -going
required by HUD. The City will continue
The City provided information to
to provide pamphlets containing
the Fair Housing Council of
information related to fair housing at the
Orange County to complete the
Planning Department counter.
Regional Fair Housing
the California Department of Housing
Impediments Analysis in 2010.
and Community Development in
Approval by Council is
accordance with California State Law.
anticipated in April 2011.
Pamphlets containing
information of Fair Housing and
Dispute Resolution Services are
available at the public counter.
6.1.2
Support fair housing opportunities by
On -going
using Community Development Block
Grant funds whenever necessary to
In 2010 -2011, the City allocated
enact federal, state, and City fair housing
$11,185 in CDBG funding to the
policies.
Fair Housing Council of Orange
County to assist the City in
furthering fair housing through
education, landlord /tenant
counseling, and legal action
when necessary.
7.1.1
As part of its annual General Plan
On -going
Review, the City shall report on the
status of all housing programs. The
This annual Housing Element
portion of the Annual Report discussing
Progress Report will be
Housing Programs is to be distributed to
submitted to HCD.
the California Department of Housing
and Community Development in
accordance with California State Law.