HomeMy WebLinkAbout2.0_Housing Element Update_PA2008-078CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 3, 2011 Planning Commission Hearing
Agenda Item 2
SUBJECT: Housing Element Update - (PA2008 -078)
3300 Newport Blvd. Newport Beach
General Plan Amendment No. GP2008 -003
APPLICANT: City of Newport Beach
PLANNER: Melinda Whelan, Assistant Planner
949 - 644 -3221, mwhelan @newportbeachca.gov
PROJECT SUMMARY
An amendment to the Newport Beach General Plan incorporating the 2008 -2014
Housing Element update. The Housing Element is one of the mandatory elements of the
General Plan, and State law requires it to be updated periodically. The Newport Beach
Housing Element details the City's strategy for enhancing and preserving the
community's character and indentifies constraints to the development of housing. It also
identifies strategies for expanding housing opportunities and services for all household
types and income groups. It provides the primary policy guidance for local decision -
making related to housing. The draft 2008 -2014 Housing Element is an update and
revision of the 2006 Housing Element and it contains new technical data and updated
policies and programs.
RECOMMENDATION
1) Conduct a public hearing and;
2) Adopt the draft resolution recommending adoption of the draft 2008 -2014
Housing Element to the City Council (Attachment No. PC 1).
The State Department of Housing and Community Development (HCD) is required by
State law to review the Housing Element and determine whether or not it complies with
State Housing Element law. HCD has approved the City's latest draft (Attachment No.
PC 2). Once the Draft Housing Element is adopted by the City Council, HCD will find
our Housing Element compliant with State Housing Element Law.
Background
The City's 2000 -2005 Housing Element was conditionally certified by HCD in 2003 and
in 2005. HCD's finding of compliance was contingent on the City's development of 120-
Housing Element Update
November 3, 2011
Page 2
affordable units at the intersection of Back Bay Drive and Jamboree Road (Bayview
Landing site) and rezoning the property north of the proposed new City hall site
(Avocado /MacArthur site) for 56- senior housing units. The City was successful in
assisting with development of the Bayview Landing site for 120 - senior affordable units;
however, the City was unable to rezone the Avocado /MacArthur site given it was
subsequently planned as a park.
On July 25, 2006, the City adopted the comprehensive update to the General Plan. The
new General Plan created significant new opportunities for future housing development
through the re- designation of some existing commercial, office and industrial areas for
residential or mixed residential /commercial uses. As part of the General Plan update,
the 2000 -2005 Housing Element was amended to reflect the new land use changes,
housing opportunities, and updated demographics. This amended Housing Element
was submitted to HCD for review. State housing element law requirements were revised
in September of 2004 pursuant to AB 2348 (Mullin) requiring additional detailed land
inventory and greater residential development certainty for identified housing
opportunity sites. Based on the revised housing element law requirements, HCD found
the City's Housing Element to be out of compliance on the basis that it did not provide
the necessary information and analysis to determine which specific sites are suitable
and available to accommodate the City's identified housing need.
Based upon the comments received from HCD, staff, with the assistance of a
consultant, prepared an updated Draft consistent with the Land Use Element and State
law. Staff submitted a total of four (4) successive drafts to HCD based upon feedback
received from HCD. In August 2011, HCD approved Draft No. 4 (Attachment No. PC 3).
All of the HCD comment letters are provided in Attachment No. PC 4.
Housing Element Format
The Housing Element has been divided into two (2) major sections and includes all the
necessary information and analysis as required by State law. The following is an outline
of the Housing Element Sections:
1. Community Housing Market Analyses
• Housing Stock Characteristics — Provides data on residential growth and
dwelling unit type, including statistics on residential densities, tenure,
vacancies, and type of housing within the City. This section also provides
information on assisted housing stock at risk of conversion to market rate
units.
• Analysis and Projection of Population and Employment — Provides
statistics and projections on populations and employment as they relate to
housing projections.
Housing Element Update
November 3, 2011
Page 3
• Household Characteristics — Provides information on ethnicity, household
income, and the cost of housing including rentals.
• Analysis of Special Population Groups — Provides information on the
special needs population groups within the City, including students,
elderly, disabled, farm workers, female head of household, and the
homeless. The homeless discussion addresses new requirements
pursuant to SB2 state law.
• Analysis of Housing Need — In accordance with State Housing Element
law, the Southern California Association of Governments (SCAG) has
prepared a Regional Housing Needs Assessment (RHNA) to identify the
housing need for each jurisdiction within the SCAG region. The RHNA is
summarized below in this report.
• Inventory of Land Suitable for Residential Development - An inventory and
description of land determined suitable for residential development that
can realistically be developed within the planning period (2008 -2014) and
sufficient to meet the City's total RHNA. A detailed, parcel- specific
analysis, inventory, and maps of available and suitable sites (Sites
Analysis and Inventory compliments this section and is included as
Appendix H4).
• Analysis of Opportunities for Energy Conservation — Provides information
on how the City is maintaining current energy conserving design
innovations and state standards.
• Nongovernmental Constraints to Housing Production — Describes
constraints outside of government including community attitudes, financial,
housing and land costs, and environmental.
• Governmental Constraints to Housing Production — Outlines actual and
potential City and other governmental constraints on housing, including
land use controls (zoning), building codes and their enforcement, site
improvements, fees, and local processing procedures.
2. Housing Goals and Policies, Quantified Objectives, and Programs
• General Review of 2000 -2005 Housing Element and Housing Activities —
A review and appropriateness and accomplishments of goals, policies,
and programs of the 2000 -2005 Housing Element in contributing to the
attainment of the previous local and state housing goals.
• Year 2008 -2014 Housing Plan - Quantifies the City's goals for the number
of units that can be constructed, rehabilitated, and conserved during the
2006 -2014 planning period.
Housing Element Update
November 3, 2011
Page 4
• Newport Beach Housing Element: Goals, Policies, and Programs -
Proposed goals and policies that address the City's anticipated housing
needs during the tenure of this Housing Element (2008 -2014) and are
implemented by a series of Housing Programs. These Programs prescribe
specific actions the City of Newport Beach will take during the tenure of
this Housing Element. The Housing Programs are discussed further in the
Housing Programs section of this report.
Attachment No. PC 5 provides the Housing Element Worksheet created by HCD that
summarizes the specific information that is required to be addressed in the Housing
Element and where the Draft addresses them.
City of Newport Beach Regional Housing Needs Assessment
State law requires that local jurisdictions accommodate a share of the region's projected
housing need. This share is identified by the Regional Housing Needs Assessment
(RHNA) that is established by the Southern California Association of Governments
(SCAG). State law mandates that jurisdictions provide sufficient land at adequate
densities to accommodate a variety of housing opportunities for all economic segments
of the community and the RHNA provides a critical basis for determining the adequacy
of a housing element. Actual construction of the housing units is not mandated by law;
however, local jurisdictions must make a good faith effort to remove governmental
constraints to the development of affordable housing and should be actively supporting
the development of affordable housing.
One of the fundamental aspects of the Housing Element is that it must address the
City's RHNA and demonstrate where this additional housing can be accommodated. In
addition, since the 2000 -2005 Newport Beach Housing Element was not found in
compliance by HCD, the City is required to carry over the unaccommodated portion of
the RHNA allocation from the prior planning period pursuant to Government Code
Section 65584.09. The unaccomodated need from the 2000 -2005 RHNA is 62- very-low
income units and 83- moderate - income units. Combining these units from the prior
planning period with the City's 2006 -2014 RHNA allocation results in a total housing
need of 1,914 dwellings, including 770 dwelling units affordable to lower- income
households (Attachment No. PC 2, pp 5 -43). The following table illustrates the City's
housing needs by income categories.
TOTAL HOUSING NEED BY INCOME, 2008 -2014
Very Low
Low
Moderate
Above Moderate
Total
451 units
319 units
442 units
702 units
1,914 units
24%
17%
23%
36%
100%
Housing Element Update
November 3, 2011
Page 5
Sites Analvsis and Invento
In accordance with Government Code Section 65583(a)(3) and 65583.2, the Housing
Element must provide an inventory and description of land determined suitable for
residential development that can realistically be developed within the planning period
and sufficient to meet the City's total RHNA identified in the table above. A detailed,
parcel- specific analysis and inventory, including maps, of available and suitable sites
(Sites Analysis and Inventory) have been prepared and are included as Appendix H4
(Attachment No. PC 2, pp 5 -47 and Appendix H4). The Sites Analysis and Inventory is
organized by the key opportunity areas within City (i.e. Banning Ranch, Corona del Mar,
West Newport Mesa, Mariner's Mile, Balboa Peninsula, Dover Dr./Westcliff Dr., Newport
Center, the Balboa Peninsula, and the Airport Area).
The Sites Analysis and Inventory demonstrates that sites are currently available and
reasonably unconstrained so as to provide realistic housing opportunities prior to June
30, 2014, which is the end of the planning period. A methodology, describing the site
selection process and calculations of achievable and realistic densities, is included
within the Sites Analysis and Inventory. To demonstrate the realistic development
viability of the sites, the analysis also discusses: (1) whether appropriate zoning is in
place; (2) the applicable development limits /densities and their impact on projected
development capacity and affordability; (3) existing constraints including any known
environmental issues; and (4) the availability of existing and planned public service
capacity levels. HCD has accepted the inventory and analysis as indicated in the
August letter.
Adequate Sites to Accommodate Lower Income Housing Needs
The Housing Element must also demonstrate adequate sites exist to accommodate the
RHNA for lower- income households. Pursuant to Government Code Section 65583.2,
a minimum density of 30 du /ac is deemed appropriate to accommodate housing for
lower- income households for urbanized areas. Given the allowed densities of between
30 and 50 dwelling units per acre, the John Wayne Airport Area has been identified as
having the greatest potential to accommodate the City's need for lower- income
households. In addition to illustrating that these properties are required to maintain the
minimum densities, HCD requested an analysis of how the existing uses, land -use
regulations, and parcel sizes impact the viability of this strategy to accommodate the
RHNA for lower- income households within the planning period (Attachment No. PC 2,
pp 5 -77). The analysis concludes that existing uses and parcel sizes are not a
constraint, but does recognize two constraints.
One constraint recognized by HCD related to the viability of the Airport Area to
accommodate the RHNA for lower- income households is General Plan Policy LU6.15.6
that requires residential neighborhoods in the Airport Area to contain a minimum of ten
(10) contiguous acres centered on a neighborhood park and other amenities. To
address this constraint, staff worked with HCD to include a new program (HP 3.2.2)
requiring the City to create a waiver or exception provision to the minimum 10 -acre site
requirement for affordable housing projects. The program states that the City will study
Housing Element Update
November 3, 2011
Page 6
and develop a plan for the Council's consideration by Spring 2012 (Attachment No. PC
2, pp 5 -127).
A second constraint identified by HCD relates to the zoning of the sites within the Airport
Area. Although the General Plan permits residential development within the Airport
Area, the sites remain zoned only for commercial and industrial land uses by the Koll
Center and Newport Place Planned Communities. To eliminate this constraint, a new
program (HP 3.2.3) was included that requires an amendment to the Newport Place (PC
11) and Koll Center (PC 15) Planned Community texts to allow residential
developments that include: 1) a minimum of thirty (30) percent of the units affordable to
lower- income households; and 2) include densities between 30 du /acre and 50 du /acre
consistent with the General Plan land use designation and policies for the Airport Area.
Residential developments meeting these requirements will be permitted subject to a site
development review.
To implement these two (2) programs, staff will prepare a City initiated Planned
Community Amendment for Planning Commission and City Council review by Spring
2012 (Attachment No. PC 2, pp 5 -127). It is recognized that waiving the 10 -acre lot
consolidation requirement and adding residential as a permitted use where it was not
allowed previously will require additional design attention to provide recreational
amenities, to integrate uses and avoid land use conflicts. To address these issues, the
amendment will include provisions for adequate amenities, design considerations for
future integration into larger residential villages, and a requirement for collaboration with
future residential developers in the area.
Housing Programs
The goals, polices and programs (Attachment No. PC 2 pp 5 -119 through pp 5 -136) are
the foundation of the Housing Element. The goals provide the end result sought by the
City; the polices provide general guiding language to assist in decision making and
describe the general course of action that will be taken to achieve the goal; the
programs are specific activities that will be undertaken and are necessary to implement
a policy to make the goal a reality.
The goals adopted in the 2006 Housing Element have not been revised; however, in
order to more effectively achieve those long -range goals and objectives, meet the City's
allocation of affordable housing in the region, and to be consistent with State housing
law, the Newport Beach Housing Element has been updated through the incorporation
of several new housing programs as well as deletions and revisions to previously
adopted housing programs. Significant new programs include providing incentives for
providing extremely low- income units (HP 2.1.5 and HP 2.1.6), monitoring the impact of
the City's Inclusionary Housing Ordinance on the production of housing and monitoring
housing development in general (HP 2.2.11, HP 3.1.4, and HP 3.1.5), providing
appropriate zoning for all housing types (HP 3.2.3 and HP 5.1.7), removing
governmental constraints to housing construction (HP 3.2.2), preservation of housing at
risk of converting to market rate units (HP 4.1.1 through 4.1.5) and addressing
Housing Element Update
November 3, 2011
Page 7
sustainability (HP 4.2.5 through 4.2.10). A complete list of the all of the Housing Goals,
Policies, and Programs are on pages 5 -119 through 5 -136 of the Draft.
Public Outreach
In preparation of the 2008 -2014 Draft Housing Element, staff held two public workshops
on March 31, 2008. Staff received valuable input from developers, service providers,
low- income advocates, and residents valuable.
An additional public workshop was held on June 11, 2008. The staff presentation
focused on the goals, polices and programs contained in the draft. Topics of public input
included compliance with SB2 (Fair Share Zoning Bill) and the count of the homeless
population, use of the Affordable Housing In -Lieu Fee fund, the preservation of "at risk"
affordable units and what can be done to retain them and the housing inventory sites.
Public hearings were held at Planning Commission on June 19, 2008, and at City
Council on August 12, 2008, for discussion and opportunity for changes to the draft
Housing Element prior to the initial submittal to HCD for review.
Throughout the Housing Element update process, the City has posted Draft Housing
Element documents and presentation materials on the website to facilitate the review by
residents and interested parties. Hard copies of the Draft Housing Element were also
made available at City Hall.
The public outreach that occurred over four (4) years during the comprehensive general
plan update (2002 -2006) cannot be overlooked. The identification of the sub -areas and
locations for housing, beyond what was allowed in the previous general plan as well as
policies and programs to provide affordable housing, were the subjects of many public
workshops, General Plan Advisory Committee meetings, Planning Commission, and
City Council hearings. The plan adopted by the City Council and approved by a vote of
the public (Measure V) is consistent with the housing sites inventory in the draft Housing
Element.
Environmental Review
A Negative Declaration (ND) has been prepared by Keeton Kreitzer Consulting, in
accordance with the implementing guidelines of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K -3. The ND is attached as
Attachment No. PC 6 and was routed to the Planning Commission in advance of this staff
report.
The ND does not identify any component of the project that would result in a "potentially
significant impact' on the environment per CEQA guidelines. The ND was made available
for public review for a 30 -day comment period from September 30, 2011, to October 31,
2011. As of the writing of this report, the City has only received two (2) comment letters
that are included as Attachment No. PC 7. The comment letters include the following: 1)
Housing Element Update
November 3, 2011
Page 8
an informational letter from the Southern California Gas Company stating that the Gas
Company has facilities within the housing areas identified within the Draft; and 2) a letter
from the Native American Heritage Commission stating that Native American historical
resources were not identified within the areas within the Draft; however, early tribal
consultation is recommended once a specific development project is underway to avoid
unanticipated discoveries. Any additional comment letters received will be provided to the
Planning Commission prior to the pubic hearing.
Public Notice
Notice of this hearing was published in the Daily Pilot, posted at City Hall a minimum of
10 days in advance of this hearing consistent with the Municipal Code, and emailed to
all parties that have signed up to receive notification of the Housing Element Update.
The environmental assessment process has also been noticed consistent with the
California Environmental Quality Act. The Notice of Intent (NOI) to adopt the ND was
published in the Daily Pilot, posted at City Hall, and e- mailed to all parties that have
signed up to receive notification of the preparation of environmental documents in the
City and the Housing Element Update. A copy of the ND was also made available on
the City's website, at each Newport Beach Public Library, and at the Community
Development Department at City Hall. Finally, the item appeared upon the agenda for
this meeting, which was posted at City Hall and on the city website.
Prepared by:
aime Murillo, Associate Planner
Prepared by:
Melinda Whelan, A istant Planner
Submitted by:
Kimberly Bran4U AICP Community
Development Director
ATTACHMENTS
PC 1
Draft Resolution
PC 2
Draft Housing Element
PC 3
HCD Determination Letter
PC 4
HCD Comment Letters
PC 5
Housing Element Worksheet
PC 6
Negative Declaration
PC 7
Negative Declaration Comment Letters
Attachment No. PC 1
Draft Resolution
RESOLUTION NO. ## ##
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF
A NEGATIVE DECLARATION AND ADOPTION OF THE 2008-
2014 HOUSING ELEMENT UPDATE TO THE CITY COUNCIL
(PA2008 -078)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 65580 of the California Government Code finds and declares that the availability
of housing is of vital statewide importance and that early attainment of decent housing
and a suitable living environment for every California family is a priority of the highest
order.
2. The Housing Element is mandated by Sections 65580 to 65589 of the Government
Code. State Housing Element law requires that each city and county identify and analyze
existing and projected housing needs within their jurisdiction and prepare goals, policies,
and program, and quantified objectives to further the development, improvement, and
preservation of housing.
3. The Housing Element is one of the mandatory elements of the General Plan, and
State law requires it to be updated periodically.
4. In preparation of the 2008 -2014 Housing Element, staff held two (2) public workshops
on March 31, 2008. An additional public workshop was held on June 11, 2008.
5. A public hearing was held by the Planning Commission on June 19, 2008, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place, and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting. The Planning Commission
recommended approval of the initial draft of the 2008 -2014 Housing Element to the City
Council.
6. A public hearing was held by the City Council on August 12, 2008, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place, and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this meeting. The City Council authorized the City
staff to submit the initial draft of the 2008 -2014 Housing Element to the State Department
of Housing and Community Development (HCD).
Planning Commission Resolution No. _
Paqe 2 of 3
7. On August 22, 2008, the first draft of the 2008 -2014 Housing Element was submitted to
HCD for review. On October 24, 2008, HCD issued a letter requesting additional
information, analysis, and revisions.
8. On September 1, 2010, the second draft of the 2008 -2014 Housing Element was
submitted to HCD for review and rescinded November 3, 2010, to provide staff additional
time to work with HCD on revisions.
9. On February 11, 2011, the third draft of the 2008 -2014 Housing Element was submitted
to HCD for review. On April 15, 2011, HCD issued a letter requesting additional
information, analysis, and revisions.
10. On August 9, 2011, the fourth draft of the 2008 -2014 Housing Element was submitted to
HCD for review. On September 12, 2011, HCD issued a letter finding that the revised
draft of the 2008 -2014 Housing Element meets the statutory requirements of State law.
11. A public hearing was held by the Planning Commission on November 3, 2011, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place, and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Negative Declaration have been prepared in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City
Council Policy K -3.
2. The draft Negative Declaration was circulated for a 30 -day comment period beginning
on September 30, 2011, and ending on October 31, 2011. The contents of the
environmental document and comments on the document were considered by the
Planning Commission in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, will have
a less than significant impact upon the environment and there are no known
substantial adverse affects on human beings that would be caused. Additionally, there
are no long -term environmental goals that would be compromised by the project, nor
cumulative impacts anticipated in connection with the project.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of
the whole record, that there is no substantial evidence that the project will have a
significant effect on the environment and that the Negative Declaration reflects the
Planning Commission's independent judgment and analysis. The Planning Commission
Planning Commission Resolution No. _
Paqe 3 of 3
hereby recommends that the City Council adopt Negative Declaration. The document
and all material, which constitute the record upon which this decision was based, are
on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport
Beach, California.
2. The Planning Commission of the City of Newport Beach does hereby recommend that
the City Council approve General Plan Amendment No. GP2008 -003 adopting the
2008 -2014 Housing Element, consistent with the Draft 2008 -2014 Housing Element that
was approved by HCD, and to direct staff to transmit the adopted Housing Element to
HCD for final certification.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF NOVEMBER, 2011.
AYES:
NOES:
ABSTAIN
ABSENT:
BY:
Charles Unsworth, Chairman
BY:
Bradley Hillgren, Secretary
Attachment No. PC 2
Draft Housing Element distributed separately to
the Planning Commission on October 14, 2011,
due to bulk, and is available online at
http://www.newportbeachca.gov/Modules/Show
Document.aspx ?documentid =10695
Attachment No. PC 3
HCD Comment Letters
SjATE OF CAI IFORNIA- BtISINEaS. TRANSPORTATION AND HOIISIN!_ 'ARZENEGGFR C.eVPIDOI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Housing Policy Development u
1800 Third Street, Suite 430
P. O. Box 952053
Sacramento, CA 94252 -2053
(916) 323 -3177
FAX (916) 327 -2643
November 2, 2006
Mr. Homer Bludau, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
I7�T 14 11:7[R: M
RE: Review of the City of Newport Beach's Revised Adopted Housing Element
Thank you for submitting Newport Beach's revised housing element, adopted by the City
Council on July 25, 2006 as part of a comprehensive general plan update. The element
was received for review on August 3, 2006. Pursuant to Government Code Section
65585(h), the Department is required to review adopted housing elements and report the
findings to the locality. A series of telephone conversations with Mr. Gregg Ramirez,
Senior Planner. facilitated the review.
As you know, the Department found Newport Beach's 2003 adopted housing element,
along with a subsequent revision in April 2005, in conditional compliance. The
Department's finding of compliance was contingent on the City's commitment to rezone
the Avocado /MacArthur site and continuing to encourage and facilitate development on
the Banning Ranch site. The revised element no longer proposes to rezone the
MacArthur site as a means to address the adequate sites statutory requirement. Also, the
element indicates the updated Land Use element is now prioritizing the retention of
Banning Ranch as open space. This is an especially critical point as the previously
adopted element relied on Banning Ranch to accommodate 406 multifamily units without
the need for a zone change or general plan amendment.
Instead, the adopted element now includes a general land inventory which focuses on
potential housing opportunities in the John Wayne Airport, Banning Ranch, Newport
Center, Mariners' Mile, and Balboa Peninsula areas. The element, however, only
contains general descriptions and potential dwelling unit capacity figures for those areas
(described on pages 5 -34 through 5 -49). The element does not contain the necessary
information and analysis to determine which specific sites are suitable and available to
accommodate the City's remaining housing need within the current planning period. As a
result, the element no longer identifies adequate sites, and further, requires revisions to
analyze potential governmental constraints. As discussed with Mr. Ramirez, the following
specific revisions are needed to bring the element into compliance with State housing
element law (Article 10.6 of the Government Code).
Mr. Homer Bludau, City Manager
Page 2
Include an inventory of land suitable for residential development, including vacant sites
and sites having the potential for redevelopment, and an analysis of the relationship of
zoning and public facilities and services to these sites (Section 65583(a)(3)). The
inventory of land suitable for residential development shall be used to identify sites that
can be developed for housing within the planning period (Section 65583.2).
The element must be expanded to include a complete land inventory with specific site
descriptions and analysis. The inventory and analysis should include the following:
• A parcel specific listing of sites describing general plan designation, zoning,
maximum density, and parcel size.
• A description of existing uses on the identified non - vacant sites.
• A description of the impact of parcel size on development feasibility, capacity, and
affordability.
• An analysis that demonstrates how the City calculated its projected buildout
capacities for the identified sites. This analysis should evaluate the impact of the
City's land -use controls and site improvement requirements on buildout capacity
estimates. For example, the City must consider the imposition of maximum lot
coverage requirements, open space, parking, and floor area ratios (FARs), when
establishing its realistic unit capacity, rather than relying on a theoretical number
based on maximum buildout.
• A general analysis of the existing infrastructure capacity (i.e., water and sewer),
including access to distribution facilities along with an indication of whether capacity
is, or will be, sufficient to serve the identified sites within the planning period.
• A general description and analysis of known environmental constraints.
• Identification of which zones and densities can accommodate the City's lower -
income housing need (see Item 2, page 2 of the Department's AB 2348 technical
assistance paper).
• A map or other method for identifying specific sites in the inventory
For example, the Land Use element now prioritizes Banning Ranch as open space, yet
the housing element continues to identify it as a potential housing site (1,375 units).
Table H30 indicates the site will have both Open Space (OS) and Residential Village
(RV) the General Plan designations, while zoned Planned Community (PC). Therefore,
the element must clearly describe how much of the 465 acre site will be designated
specifically for residential uses, including timing of adoption of the zoning that can
accommodate residential development. The element should also explain how the future
master plan /specific plan, including development standards, acres of the various
residential components, density levels, and design guidelines will allow residential
development this planning period.
Mixed -Use: Table H30 indicates several areas have mixed -use development potential.
Based on the general land -use descriptions in the element, it appears a large
percentage of the Airport, Newport Center, Mariners' Mile, and Balboa Peninsula, areas
are builtout.
Mr. Homer Bludau, City Manager
Page 3
Therefore, the element must demonstrate that mixed -use development or stand alone
residential uses are realistic and viable development strategies for those sites with active
uses. For example, the element should describe the condition or age of existing
development and describe the potential for such uses to be discontinued and replaced
with housing, or provide a clear indication of whether housing could be added to the
existing use (such as adding second story residential to ground floor retail).
Also, the analysis should evaluate whether the redevelopment or intensification of a site
would require lot consolidation to allow additional residential development. The element
should further describe the City's experience in facilitating mixed -use development of
non - residentially zoned sites, including current market conditions, redevelopment trends
(i.e., high land and construction costs in concert with limited supplies of available and
developable land resources could promote the market conditions necessary to facilitate
more compact and efficient residential development) and incentives and policies to
encourage the development of underutilized and /or mixed -use sites.
To assist the City in addressing the adequate sites requirement, the Department has
provided Mr. Ramirez the AB 2348 technical assistance memo (via the Department's
website).
Given the City's reliance on mixed -use development to accommodate its remaining
need, the element should also include strong programs and policies to facilitate such
development.
2. Analyze potential and actual governmental constraints upon the maintenance,
improvement, and development of housing for all income levels. The analysis shall also
demonstrate local efforts to remove governmental constraints that hinder the locality
from meeting its share of the regional housing need in accordance with Section 65584
(Section 65583(x)(4)).
Land -Use Controls: Table H30 lists several zoning designations that are not
described or analyzed in the element's governmental controls section (Table H31).
The element should describe /define the applicable development standards and
permitted and conditional residential uses allowed in each of these zones (e.g., MU,
RV PC, SP, RSC -MM, APF). The element should also describe and analyze how
implementation of allowed density, building setbacks, height provisions, parking and
open space requirements help to facilitate and encourage housing for all income
groups. Should the requisite analysis determine the City's land -use controls are
impeding residential development, the element should describe efforts to mitigate
and /or remove any identified constraints.
Measure "S ": The Measure, approved in November 2000, establishes threshold
residential density and /or land -use intensity increases that trigger voter approval.
According to the adopted element, this Measure will not impact the City's ability to
accommodate its share of the regional housing need (pg 5 -54). However, the
element must be expanded to include a more detailed description and evaluation of
Measure "S" impacts on the cost and supply of new residential development.
Mr. Homer Bludau, City Manager
Page 4
For example, the element should explain how Measure "S" is implemented, including
how the "vested rights" provisions are applied and whether any exception provisions
exist for affordable housing or housing needed to meet the City's Regional Housing
Needs Assessment (RHNA).
Requiring "major" general plan amendments to be decided on by the local electorate
could be costly and result in significant fiscals impacts to individual development
projects. The element should clarify if a project applicant is 100 percent responsible
for election costs and explain the methodology for determining these costs.
Also, pursuant to Government Code Section 65583(c)((3) the element must include
a program action that specifically addresses, and where appropriate, removes any
identified residential development constraints associated with Measure S. This
would be in addition to Program 2.3.1 as this action only commits the City to
studying the impacts of major commercial and industrial projects on the existing
housing supply.
The Department hopes these comments are helpful and would be glad to assist the City in
addressing the above requirements. If you would like to schedule a technical assistance
meeting or site visit, please contact Don Thomas, of our staff, at (916) 445 -5854.
Sincerely,
Cathy .Creswell
Deput Director
STATE OF CAI IFORNIA -B 1DSCHAAR7FNFQPFR GQYernnr
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Division of Housing Policy Development n
1800 Third Street, Suite 430 R '
P. O. Box 952053
Sacramento, CA 94252 -2053
(916) 323 -3177
FAX (916) 327 -2643
September 10, 2007
Mr. Greg Ramirez, Senior Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Dear Mr. Ramirez:
RE: Review of the City of Newport Beach's Revised Housing Element
Thank you for submitting revisions to Newport Beach's housing element. Pursuant to
Government Code Section 65585(b), the Department is required to review draft housing
elements and report the findings to the locality. A series of telephone conversations with
you facilitated the review.
The revised adopted element addresses some of the findings described in the
Department's November 2, 2006 review. For example, the draft revisions indicate that
Measure "S" (Section 423 of the City Charter) will not impact the development of the sites
identified in the inventory (Table H -30 and Appendix H5) due to the increased densities/
intensities established as part of the recent comprehensive general plan update
(approved by the voters in November of 2006). Newport Beach should be diligent in
monitoring the potential impacts of Charter Section 423 as identified in Housing
Program 2.3.1. Should monitoring reveal that residential projects are being subjected to
the voter approval process, the City must take the appropriate steps (in a timely manner)
to remove governmental constraints and provide adequate sites. The revisions also
indicate the City is continuing to work on a comprehensive zoning ordinance update,
which when completed, will establish zoning designations consistent with the new land -
use designations established as part of the general plan update.
However, according to the revised element, the John Wayne Airport and Newport Center
areas offer the greatest residential development potential during the remainder of the
planning period, through a variety of development strategies, including mixed -use, infill
and reuse. Therefore, as described in the Department's previous review, and discussed
with you, the element must demonstrate these strategies are realistic and viable such that
they can accommodate Newport Beach's remaining share of the regional housing need,
particularly for lower- income households.
Mr. Greg Ramirez, Senior Planner
Page 2
Include an inventory of land suitable for residential development, including vacant sites
and sites having the potential for redevelopment, and an analysis of the relationship of
zoning and public facilities and services to these sites (Section 65583(a)(3)). The
inventory of land suitable for residential development shall be used to identify sites that
can be developed for housing within the planning period (Section 65583.2).
Given that most of the sites listed in Appendix H5 are developed with existing uses, the
element must be expanded to describe the condition and age of existing development
and describe the realistic potential for these uses to be discontinued and replaced with
housing this planning period. The expanded analysis should describe the City's
experience in facilitating redevelopment and mixed -use development of non -
residentially zoned sites, including current market conditions, and redevelopment
trends. Please refer to the Department's November 6, 2006 review.
Also, as discussed with you and described in the Department prior review, given the
City's strong reliance on a combination of mixed -use and redevelopment to
accommodate its remaining housing need, Policy H.2.3 must be complemented with
strong programs and implementation actions to facilitate such development (i.e.,
specific commitment to provide regulatory and /or financial incentives and promote the
development of underutilized and /or mixed -use sites). Under a separate cover,
examples of program implementation actions from other jurisdictions that have or are
currently relying on mixed use and recycling development strategies will be sent to you.
The element's analysis of the identified sites in the John Wayne Airport and Newport
Centers areas must be expanded to include the following:
• A description of the impact of parcel size on development feasibility, capacity, and
affordability.
• An analysis that demonstrates mixed -use development or stand alone residential
uses are realistic and viable development strategies for those sites identified in
Appendix H5.
• An indication whether redevelopment, recycling, or intensification of a site would
require lot consolidation to allow additional residential development.
• A clarification that the noise and height restrictions set forth in the JWA Airport
Environs Land Use Plan (AELUP) (page 5 -35) will not impact the projected
residential buildout capacities described in Table H30 for the identified sites listed in
Appendix H5.
2. Analyze potential and actual governmental constraints upon the maintenance,
improvement, and development of housing for all income levels. The analysis shall also
demonstrate local efforts to remove governmental constraints that hinder the locality
from meeting its share of the regional housing need in accordance with Section 65584
(Section 65583(a)(4)).
Mr. Greg Ramirez, Senior Planner
Page 3
Land -Use Controls: According to the draft revisions, City staff is currently working
on a comprehensive zoning ordinance update to address inconsistencies between
recently established general plan land use designations and outdated zoning
categories. As indicated in the element, the City Council adopted a resolution (as an
interim measure) that allows projects to be "reviewed" in spite of this general
plan /zoning inconsistency (page 5 -66). However, the element must be expanded to
demonstrate that in addition to "reviewing" residential projects, they can actually
receive final approval during the time period which the zoning ordinance is being
updated. In addition, the element should also include a timeline for completing the
zoning ordinance update. Finally, as indicated in the Department's prior review the
element must describe and analyze how implementation of allowed density, building
setbacks, height provisions, parking, and open space requirements of all newly
established zoning categories, particularly the Planned Community (PC) zone, will
facilitate and encourage housing for all income groups. Should the requisite
analysis determine the City's new land -use controls will impede residential
development, the element must include a program to mitigate and /or remove any
identified constraints.
The Department is committed to assisting the City of Newport Beach in bringing its housing
element into compliance and would be pleased to provide any additional assistance
necessary, including another meeting in Newport Beach. If you have any questions, or wish
to schedule a visit, please contact Don Thomas, of our staff, at (916) 445 -5854.
Sincerely,
y reswell
Deputy irector
STATE OF CAI IFORNIA -BUSINESS, TRANSPORTATION AND HOI ISINQ AGENCY ARNOI D SCHWARZENEGGER Govern
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430 .
P. O. Box 952053 � �"
Sacramento, CA 94252 -2053
(916) 323 -3177 / FAX (916) 327 -2643
w .hcd.ca.gov
October 24, 2008
Mr. David Lepo, Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Lepo:
RE: Review of the City of Newport Beach's Draft Housing Element
Thank you for submitting Newport Beach's draft housing element received for review on
August 25, 2008. The Department is required to review draft housing elements and
report the findings to the locality pursuant to Government Code Section 65585(b). A
telephone conversation on October 20, 2008 with Mr. Gregg Ramirez, Senior Planner,
and Ms. Linda Tatum and Ms. Jessie Barkley from PBS &J, the City's consultants,
facilitated the review. In addition, the Department considered comments from
Mr. Cesar Covarrubias, from the Kennedy Commission, Ms. Kathy Lewis, from the
Newport Beach Housing Coalition, and Mr. Ezequiel Gutierrez, from the Public Law
Center, pursuant to Government Code Section 65585(c).
The draft element addresses many of the statutory requirements; however, revisions will
be necessary to comply with State housing element law (Article 10.6 of the Government
Code). In particular, the element should include analyses of the adequacy of identified
sites to accommodate the regional housing need for lower- income households and
revise programs to demonstrate the City's commitment to assist in the development of
housing affordable to extremely low- income households. The enclosed Appendix
describes these and other revisions needed to comply with State housing element law.
Furthermore, in September of 2007, the Department reviewed draft changes to the
adopted housing element from the previous housing element planning period and
determined revisions relating to the adequacy of sites would be necessary to comply
with State housing element law. As the current draft contains much of the same site
related information, many of the findings described in the September 10, 2007 review
are still necessary to comply with State housing element law (Article 10.6 of the
Government Code).
Mr. David Lope, Planning Director
Page 2
The Department would be happy to arrange a meeting in either Newport Beach or
Sacramento to provide any assistance needed to facilitate your efforts to bring the
element into compliance. If you have any questions or would like assistance, please
contact Melinda Coy, of our staff, at (916) 445 -5307.
Sincerely,
44
Cathy E. Creswell
Deputy Director
Enclosure
cc: Gregg Ramirez, Senior Planner, City of Newport Beach
Kathy Lewis, Newport Beach Housing Coalition
Cesar Covarrubias, Kennedy Commission
Ezequiel Gutierrez, Public Law Center
n MMV91 M
CITY OF NEWPORT BEACH
The following changes would bring Newport Beach's housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on the Department's website at
www.hcd.ca.gov /hod. Refer to the Division of Housing Policy Development and the section
pertaining to State Housing Planning. Among other resources, the Housing Element section
contains the Department's latest technical assistance tool Building Blocks for Effective Housing
Elements (Building Blocks) available at www.hcd.ca.gov /hpd /housinq element2/index.php, the
Government Code addressing State housing element law and other resources.
A. Housing Needs, Resources, and Constraints
1. Include an inventory of land suitable for residential development, including vacant sites
and sites having the potential for redevelopment, and an analysis of the relationship of
zoning and public facilities and services to these sites (Section 65583(a)(3)). The
inventory of land suitable for residential development shall be used to identify sites that
can be developed for housing within the planning period (Section 65583.2).
Newport Beach has a Regional Housing Need Allocation (RHNA) of 1,769 housing
units, of which 708 units are for lower- income households. To address this need, the
element relies primarily on underutilized and non - vacant sites within newly designated
mixed -use areas. However, to demonstrate the adequacy of these sites and strategies
to accommodate the City's share of the RHNA, the element must include more detailed
analyses, as follows:
Addressinq Unaccommodated Need from the Previous Planning Period: Pursuant to
Chapter 614, Statutes of 2005 (AB 1233), as Newport Beach failed to adopt a housing
element demonstrating sufficient sites to accommodate the City's RHNA for the 2000-
2008 planning period, the element must include specific actions in its 2008 -2014 update
to address any unaccommodated need resulting from the previous planning period within
the first year of the 2008 -2014 planning period. To assist you in meeting this statutory
requirement, including instructions on calculating the unaccommodated need, see the
Department's AB 1233 memo at httg: / /www.hcd.ca.ciov /hpd /hrc /plan /he /ab 1233 final dt.pdf.
For additional assistance, please refer to the Building Blocks' website at
http: / /www.hcd.ca.gov /hpd /housinq element2 /GS reviewandrevise.php.
Realistic Capacity: To calculate the potential residential capacity of sites in the
inventory, the element assumes the sites will be built at either maximum allowed
densities or to the maximum build out allowed under the general plan. The element
must describe the methodology for determining capacity assumptions and demonstrate
how the calculation accounts for land -use controls and site improvements, including
height limits, and floor area ratios. The element could also describe the density yield of
projects recently built or under construction. In addition, the element must provide a
parcel specific estimate of the number of units that could be accommodated on all sites
in the inventory including those within the John Wayne Airport Area.
.2.
Furthermore, as many of the sites are zoned for mixed -use, the residential capacity
analysis must account for the potential development of non - residential uses and could
consider any performance standards such as those mandating a specified portion of a
mixed -use site be non - residential (i.e., first floor, front space as commercial) when
estimating the potential residential capacity.
Sites to Accommodate the RHNA for Lower- Income Households: Given allowed
densities, the John Wayne Airport Area appears to have the greatest potential to
accommodate Newport Beach's share of the regional housing need for lower- income
households. However, the element must demonstrate how existing uses, parcel sizes,
land -use regulations, and General Plan Policy LU 6.14.6 impact the viability of this
strategy to accommodate the RHNA for lower- income households within the planning
period. For example:
• Non - Vacant Sites: As the element relies primarily on non - vacant and underutilized
sites to accommodate the regional housing need (Appendix H -4), it must describe
the existing uses of each of the identified sites within the parcel specific inventory
and analyze the extent to which those uses may impede additional residential
development. The element should also describe any existing or proposed regulatory
incentives and standards to encourage and facilitate more intensive residential
development on the identified underutilized sites. For further information, refer to the
Building Blocks' website at
http: / /www.hcd.ca.gov /hpd /housing element2 /SIA zoning.pho.
• Small Sites: Should the City need to rely on very small sites to accommodate a
portion of the remaining regional housing need for lower- income households, the
element must include an analysis demonstrating the development potential of
smaller sites, including their capacity to facilitate the development of housing for
lower- income households. The element could use development trends to facilitate
this analysis. This is particularly important given the necessary economies of scale
to facilitate the development of housing affordable to lower- income households. For
example, most assisted housing developments utilizing State or federal financial
resources typically include at least 50 to 80 units.
• Lot Consolidation: General Plan Policy LU 6.14.6 requires residential
neighborhoods to include 10 continuous acres centered on a neighborhood park
(page 5 -44). The element should analyze the impacts of this policy on the
availability of development opportunities within the Airport Area for a variety of
housing types, including multifamily rental. While larger developers may have the
ability to assemble the necessary sites to meet the 10 acre requirement, the analysis
should consider the impact on smaller scale development proposals such as a low -
income housing tax credit project and indicate the impact of LU 6.14.6 on such
projects.
Sites with Zoning for a Variety of Housing Types: The housing element must
demonstrate the availability of sites, with appropriate zoning, that will encourage and
facilitate a variety of housing types, including supportive housing, single -room
occupancy (SRO) units, emergency shelters, and transitional housing. An adequate
analysis should, at a minimum, identify whether and how zoning districts explicitly allow
-3-
the uses, analyze whether zoning, development standards and permit procedures
encourage and facilitate these housing types. If the analysis does not demonstrate
adequate zoning for these housing types, the element must include implementation
actions to provide appropriate zoning.
SROs: While the element indicates SROs are conditionally permitted in the RSC and
APF zones, it must also demonstrate how the City's permit processing procedures,
development standards, and standard conditions of approval encourage and facilitate
the development of SROs.
Emergency Shelters: The element includes Program 5.1.6 committing the City to
amend the zoning code to permit emergency shelters pursuant to Chapter 633,
Statutes of 2007 (SB 2). In conjunction with the City's program strategy, the element
must also identify the zone(s) being considered for emergency shelters and
demonstrate sufficient capacity in the zone(s) to accommodate the need for emergency
shelters, including sufficient capacity for at least one (year- round) emergency shelter.
For further information, please see the Department's memo at
httr): / /www.hcd.ca.aov /hi)d /sb2 memo050708.Ddf.
Transitional and Supportive Housing: The element includes Program 5.1.6 to amend
the zoning code to identify zones where transitional housing will be permitted and
conditionally permitted. Pursuant to SIB 2, the element must demonstrate transitional
and supportive housing are treated as residential uses subject only to those restrictions
that apply to other residential uses of the same type in the same zone. For example, if
the transitional housing is a multifamily use proposed in a multifamily zone, then zoning
and permit processing should treat transitional housing the same as other multifamily
uses proposed in the zone.
2. Analyze potential and actual governmental constraints upon the maintenance,
improvement, and development of housing for all income levels, including land use
controls, building codes and their enforcement, site improvements, fees and other
exactions required of developers, and local processing and permit procedures. The
analysis shall also demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing need in accordance
with Section 65584 (Section 65583(a)(5)).
Land -Use Controls: While the element includes Table H35 summarizing development
standards for residential zoning districts and Table H34 describing FAR and density
standards for the mixed -use areas, as stated in the Department's September 10, 2007
review, it must also analyze how implementation of these standards, particularly the
Planned Community (PC) zone, will facilitate and encourage housing for all income
groups. For example, the element must analyze how implementation of General Plan
Policy LU 6. 14.6 could impact the development of housing affordable to lower- income
households. Should the requisite analysis determine the City's new land -use controls
will impede residential development, the element must include a program to mitigate
and /or remove any identified constraints.
EM
Local Processing and Permit Procedures: As indicated in the element, City staff
is currently working on a comprehensive zoning ordinance update to address
inconsistencies between recently established general plan land -use designations and
outdated zoning categories and the City Council adopted a resolution (as an interim
measure) that allows projects to be "reviewed" in spite of this general plan /zoning
inconsistency (page 5 -77). However, as stated in the Department's
September 10, 2007 review, the element must be expanded to demonstrate that in
addition to "reviewing" residential projects, they can actually receive final approval
during the time period which the zoning ordinance is being updated.
Affordable Housing Implementation Plan (AHIP): The draft element indicates the City
requires an AHIP be prepared for projects with more than 50 residential units
(page 5 -51). While the element describes threshold requirements for the preparation of
an AHIP and in -lieu options, the element should be expanded to include a more specific
analysis of the program's proposed implementation framework and demonstrate the
ordinance will not act as a constraint on development of market -rate units. For
example, the element should include a more specific description and analysis of the
types of incentives the City will adopt to encourage and facilitate compliance with
inclusionary requirements, what options are available for developers to meet
affordability requirements, how the ordinance interacts with density bonus laws, and the
current amount of any in -lieu fee.
Constraints on Persons with Disabilities: The element must include a detailed
description of the City's recently adopted policies regarding group home development
and analyze this policy for requirements that may constrain housing for persons with
disabilities.
3. Analyze the opportunities for energy conservation with respect to residential
development (Section 65583(a)(8)).
The element states Newport Beach's updated natural resources element contains
polices that promote energy efficient construction and encourage provision of energy
alternatives (page 5 -65), but does not provide a description of those policies. Given the
importance of promoting strategies to address climate change and energy conservation,
the City's analysis could facilitate adoption of housing and land -use policies and
programs in the housing element that meet housing and conservation objectives.
Planning to maximize energy efficiency and the incorporation of energy conservation
and green building features can contribute to reduced housing costs for homeowners
and renters. For example, the element could include incentives to encourage green
building techniques and materials in new and resale homes, promote energy audits and
participation in utility programs, and facilitate energy conserving retrofits upon resale of
homes. Additional information on potential policies and programs to address energy
conservation are available in the Building Blocks' website at
http: / /www.hcd.ca.gov /hpd /housing element2/SIA conservation.php.
-5-
B. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five -year time frame (Section 65583(b)(1 & 2)).
The element does not address this requirement. It must quantify the number of housing
units by income category that can be constructed, rehabilitated, and conserved over a five -
year time period. This requirement could be addressed by utilizing a matrix like the one
illustrated below:
C. Housing Programs
Identify adequate sites which will be made available through appropriate zoning and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels,
including rental housing, factory -built housing, mobilehomes, and emergency shelters
and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the need for groups of
all household income levels pursuant to Section 65584, the program shall provide for
sufficient sites with zoning that permits owner - occupied and rental multifamily residential
use by right, including density and development standards that could accommodate and
facilitate the feasibility of housing for very low- and low - income households
(Section 65583(c)(1)).
As noted in finding A1, the element does not include a complete site analysis and
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing
types. For your information, where the inventory does not identify adequate sites
pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must
provide a program to identify sites in accordance with subdivision (h) of 65583.2 for
100 percent of the remaining lower- income housing need with sites zoned to permit
owner - occupied and rental multifamily uses by -right during the planning period. These
sites shall be zoned with minimum density and development standards that permit at
least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent
of the remaining need must be planned on sites that exclusively allow residential uses.
Furthermore, as noted in finding A1, pursuant to AB 1233, the element must identify the
unaccommodated housing need by income level in the previous planning period and
include programs to make sufficient capacity available by June 30, 2009. This
demonstration is separate and in addition to adequate sites for the new planning period.
New
Construction
Rehabilitation
Conservation
Extremely Low- Income
Very Low - Income
Low - Income
Moderate - Income
Above Moderate - Income
TOTAL
C. Housing Programs
Identify adequate sites which will be made available through appropriate zoning and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels,
including rental housing, factory -built housing, mobilehomes, and emergency shelters
and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the need for groups of
all household income levels pursuant to Section 65584, the program shall provide for
sufficient sites with zoning that permits owner - occupied and rental multifamily residential
use by right, including density and development standards that could accommodate and
facilitate the feasibility of housing for very low- and low - income households
(Section 65583(c)(1)).
As noted in finding A1, the element does not include a complete site analysis and
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise programs
to address a shortfall of sites or zoning available to encourage a variety of housing
types. For your information, where the inventory does not identify adequate sites
pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must
provide a program to identify sites in accordance with subdivision (h) of 65583.2 for
100 percent of the remaining lower- income housing need with sites zoned to permit
owner - occupied and rental multifamily uses by -right during the planning period. These
sites shall be zoned with minimum density and development standards that permit at
least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent
of the remaining need must be planned on sites that exclusively allow residential uses.
Furthermore, as noted in finding A1, pursuant to AB 1233, the element must identify the
unaccommodated housing need by income level in the previous planning period and
include programs to make sufficient capacity available by June 30, 2009. This
demonstration is separate and in addition to adequate sites for the new planning period.
At a minimum, the element should be revised as follows:
• Programs 3.2.1 and 3.2.2 must be revised to include timeframes for the adoption of
the proposed development standards and zoning districts that implement general
plan land -use designations and policies.
As stated in the Department's September 10, 2007 review, given Newport Beach's
reliance on a combination of mixed -use and redevelopment to accommodate its
remaining housing need, Policy H.2.3 must be complemented with strong programs
and implementation actions to facilitate such development (i.e., specific commitment
to provide regulatory and /or financial incentives and promote the development of
underutilized and /or mixed -use sites).
To comply with the provision of Chapter 633, Statutes of 2007 (SB 2), Program 5.1.6
must be modified to identify a zone(s) where emergency shelters will be permitted
without a conditional use permit (CUP) or other discretionary action within one year
of adoption of the housing element, and demonstrate sufficient capacity is available
within this zone to accommodate at least one shelter. The zoning code must also
permit transitional and supportive housing as a residential use and only subject to
those restrictions that apply to other residential uses of the same type in the same
zone.
2. The housing element shall contain programs which "assist in the development of
adequate housing to meet the needs of extremely low -, low- and moderate - income
households (Section 65583(c)(2)).
While the element includes some programs to assist the development of very low -, low -,
and moderate - income households, programs should be expanded or added pursuant to
Chapter 891, Statutes of 2006 (AB 2634), to specifically assist in the development of a
variety of housing types to meet the housing needs of extremely low- income
households.
3. The housing element shall contain programs which 'address, and where appropriate
and legally possible, remove governmental constraints to the maintenance,
improvement, and development of housing" (Section 65583(c)(3)).
As noted in finding A2, the element requires a more detailed analysis of potential
governmental constraints. Depending upon the results of that analysis, the City may
need to strengthen or add programs and address and remove or mitigate any identified
constraints.
-7-
4. The housing program shall preserve for low- income household the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary,
all available federal, state, and local financing and subsidy programs identified in
paragraph (8) of subdivision (a), except where a community has other urgent needs for
which alternative funding sources are not available. The program may include
strategies that involve local regulation and technical assistance (Section 65583(c)(6)).
The element identifies 46 units as at -risk within the immediate planning period and
another 87 units in the subsequent five years. Therefore, the element should
strengthen Policy H.3, to include specific actions to address the potential loss of units.
For example, the program should develop a strategy to quickly move forward in case
units are noticed to convert to market -rate uses. In addition, Programs 4.1.1 through
4.1.3 should include specific timeframes for implementation.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing element, and the
element shall describe this effort (Section 65583(c)(7)).
While the element provides a detailed listing of organizations and individuals notified
regarding workshops for the housing element update, it should also describe the success of
the outreach and how comments received as part of the public participation process were
incorporated into the housing element. Newport Beach should continue to engage the
community, including the parties commenting on the element, through any revisions and
subsequent adoption of those revisions to the housing element.
STATE OF M.IFORNIA - BUSINESS TRANSPORTATION AND HOUSINCaACENCY POMUND.I BROWN IR (;overnnr
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT / ..r1
1800 Third Street, Suite 430
P. O, Box 952053 a `�
Sacramento, CA 94252 - 2053''
(916) 323 -3177 / FAX (916) 327 -2643
wvvw.hcd.ca.gov ._
April 15, 2011
Mr. James Campbell
Acting Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Mr. Campbell:
RE: Review of the City of Newport Beach's Revised Draft Housing Element Update
Thank you for submitting Newport Beach's revised draft housing element update
received. for review on February 14, 2011, along with additional revisions received on
April 11, 2011. The Department is required to review draft housing elements and report
the findings to the locality pursuant to Government Code Section 65585(b). Telephone
conversations with Messers Gregg Ramirez, Senior Planner, and Jamie Murillo, Associate
Planner, facilitated the review. In addition, pursuant to Government Code
Section 65585(c), the Department considered comments from Mr. Cesar Covarrubias,
from the Kennedy Commission, Ms. Kathy Lewis and Ms. Pauline Chow, from the Public
Law Center.
The revised draft element addresses most of the statutory requirements described in the
Department's October 24, 2008 review. For example, the element now includes a
programs to assist in the development of housing affordable to extremely —low income
households and encourage and facilitate development of housing within the John Wayne
Airport Planned Community Area. However, the following revisions are still necessary to
comply with State housing element law (Article 10.6 of the Government Code):
Analyze potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures. The analysis shall also
demonstrate local efforts to remove governmental constraints that hinder the locality
from meeting its share of the regional housing need in accordance with Section 65584
and from meeting the need for housing for persons with disabilities, supportive housing,
transitional housing, and emergency shelters identified pursuant to paragraph (7)
(Section 65583(x)(5)).
Mr. James Campbell
Page 2
Local Processinq and Permit Procedures: The element indicates the City has adopted
General Plan and zoning revisions since the submittal of the last draft (page 5 -91). As
part of these revisions, mixed -use development, including freestanding residential, is
now permitted within the John Wayne Airport Planned Community Area. As stated in
the element, mixed -use and residential projects would require a planned community
development plan to establish desired development standards for the particular project
as part of the approval process. However, pursuant to conversations with staff, it is our
understanding that part of this process would require an amendment to the text of the
current John Wayne Airport Area Plan to approve a change of use designation for each
proposed project. The element must describe this process, analyze how these permit
processing procedures impact the certainty and predictability of development, and
demonstrate they do not pose a constraint, particularly for residential development
affordable to lower- income households. As a result, the element may need to include
programs to address and remove or mitigate these requirements.
2. Identify adequate sites which will be made available through appropriate zoning and
development standards and with public services and facilities needed to facilitate and
encourage the development of a variety of types of housing for all income levels,
including rental housing, factory-built housing, mobilehomes, and emergency shelters
and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the need for groups of
all household income levels pursuant to Section 65584, the program shall provide for
sufficient sites with zoning that permits owner - occupied and rental multifamily
residential use by right, including density and development standards that could
accommodate and facilitate the feasibility of housing for very low- and tow- income
households (Section 65583(c)(9)).
As stated above, the element must include analysis to demonstrate processing
procedures for the John Wayne Airport Planned Community Area do not constrain
development on sites identified in the inventory to address the City's regional need of
housing affordable to lower- income households. Please be aware, should process
procedures impact the City's ability to accommodate the City's regional need of 770
units for lower- income households or require a zone change for sites identified in the
element, revisions may be required to demonstrate the suitability of sites or to include
program actions as appropriate to address the statutory requirements of Government
Code Section 65583.2 (h) and (1) and 65584.09. In necessary, the rezone program
must allow for 100 percent of the remaining lower- income housing need with sites
zoned to permit owner- occupied and rental multifamily uses by -right during the planning
period. These sites shall be zoned with minimum density and development standards
that permit at least 16 units per site at a density of at least 20 units per acre. Also, at
least 50 percent of the remaining need must be planned on sites that exclusively allow
residential uses. Once the element has been revised to adequately address this
requirement, it will comply with State housing element law.
Mr. James Campbell
Page 3
The Department is committed to assist Newport Beach in addressing all statutory
requirements of State housing element law. If you have any questions or need additional
technical assistance, please contact Melinda Benson, of our staff, at (916) 445 -5307.
Sincerely,
Glen A. Campora
Assistant Deputy Director
Attachment No. PC 4
HCD Determination Letter
STATE OF CAI IFORNIA - BUSINESS TRANSPORTATION AND HOUSING AGENCY FDMUND G BROWN JR Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430
P. O. Box 952053 ! ,q � I
Sacramento, CA 94252 -2053
(916) 323 -31771 FAX (916) 327.2643 �.
wmi.hcd.ca.gov
September 8, 2011
Ms. Kimberly Brandt
Community Development Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Dear Ms. Brandt:
RE: Review of the City of Newport Beach's Revised Draft Housing Element Update
Thank you for submitting Newport Beach's revised draft housing element update
received for review on August 9, 2011. The Department is required to review draft
housing elements and report the findings to the locality pursuant to Government Code
Section 65585(b), Telephone conversations with Messrs. Gregg Ramirez, Senior Planner
and Jamie Murillo, Associate Planner, facilitated the review. In addition, pursuant to
Government Code Section 65585(c), the Department considered. comments from
Mr. Cesar Covarrubias, of the Kennedy Commission.
The revised draft element addresses the statutory requirements described in the
Department's April 15, 2011 review, For example, the element now includes a complete
analysis of governmental constraints. As a result, the revised element will comply with
State housing element law (Article 10.6 of the Government Code) when adopted and
submitted to the Department, pursuant to Government Code Section 65585(g).
Successful implementation of Program 3.2.2, to remove the 10 -acre minimum site
requirement and Program 3.2.3, to allow by -right development for multifamily housing
affordable to lower- income households are critical to facilitate the development of the
John Wayne Airport Area (PC 11 and PC15). The City must monitor and, report on the
results of -these and other programs through the annual progress report, required pursuant
to Government Code Section 65400.
The Department appreciates the hard work and dedication of Messrs. Murillo and Ramirez
throughout the course of the review and looks forward to receiving Newport Beach's
adopted housing element, If you have any questions or need additional technical
assistance, please contact Melinda Coy, of our staff, at (916) 445 -5307.
Sincerely,
'Glen A. Campora
Assistant Deputy Director
Attachment No. PC 5
Housing Element Worksheet
HOUSING ELEMENT REVIEW WORKSHEET
Locality Newport Beach Draft Adopted HCD Receipt Date
Contact Person Jaime Murillo Phone # 949 - 644 -3209 Coastal Zone yes
Did the jurisdiction use the Building Blocks' website? Yes X No ❑
Section numbers refer to the Government Code (Article 10.6).
I. Public Participation (GC 65588(c))
A. Diligent efforts to achieve public participation of all economic segments of the community
in the development and adoption of the element.
B. Description of how public input was or will be considered and incorporated in the element.
Review and Revision (GC 65588(a) & (b))
A. Evaluation and revision of the previous element:
1. "Effectiveness of the element" (Section 65588(a)(2)): A review of the actual results of
the previous element's goals, objectives, policies, and programs. The results should be
quantified where possible (i.e., number of housing units rehabilitated).
Page #
5 -6 to 5 -8
M
Page #
5 -100 to
5 -115
2. "Progress in implementation" (Section 65588(a)(3)): An analysis of the significant 5 -100 to
differences between what was planned in the previous element and what was achieved. 5 -115
3. "Appropriateness of goals, objectives and policies" (Section 65588(a)(1)): A description 5 -100 to
of how the goals, objectives, policies and programs of the updated element incorporate 5 -115
what has been learned from the results of the previous element.
B. Adequate sites implementation /rezone program (GC Section 65584.09); if needed. 5 -44 to
(Unaccomodated need) 5 -45
Housing Needs Assessment (GC 65583(a))
Owner Renter Total Page #
A. Population and Employment Trends 5 -23 to
5-26,
5 -34
B. Household Characteristics 5 -26 to
5 -34
1.
Number of existing households
18,351
14,697
33,048
5 -29
2.
Total households overpaying for housing
6,276
4,850
11,126
5 -29
3.
Lower income households overpaying
22117
3345
5462
5 -29
4.
Total number of existing extremely low-
1 017
1-,288
22305
5 -29
income households
5.
Total number of projected extremely low-
225
5 -116
income households
revised: 1.07.09
1 of 6
C. Housing Stock Characteristics
1. Housing conditions: number of units needing
rehabilitation /replacement
2. Overcrowded households
3. Housing costs (for sale and rental)
4. Housing units by type
5. Vacancy rates
D. Special Housing Needs Analyses
1. Persons with disabilities
2. Elderly
3. Large households
4. Farmworkers (seasonal and permanent)
5. Female headed households
6. Homeless
7. Other Students
Owner Renter Total Page #
102 513
varies varies
0.9% 3.4%
235 5 -15
615 5 -33 to
5 -34
varies 5 -30 to
5 -33
42.580 5 -9 to
5 -10
5 -14 to
5 -15
Owner Renter Total Page #
8386 5 -35 to
Page #
E. Analysis of opportunities for energy conservation in residential development [provide
incentives to encourage green building practices, promote higher density, compact infill 5 -80
development and passive solar design).
Page #
5 -36
6 550 2224
8_774
5 -37 to
5 -23
5 -38
33,071 14,663
47,734
5 -38
3. Estimate of replacement vs. preservation costs
140
5 -43
1046
5 -36
revised., 1.07.09
80
5 -38 to
5 -43
N/A N/A
N/A
5 -35
Page #
E. Analysis of opportunities for energy conservation in residential development [provide
incentives to encourage green building practices, promote higher density, compact infill 5 -80
development and passive solar design).
Page #
F. Analysis of existing assisted housing projects at -risk of converting to
non -low income uses.
5 -17 to
5 -23
1. Inventory of at -risk units
2. Assessment of risk
3. Estimate of replacement vs. preservation costs
4. Identify qualified entities
5. Identify potential funding
revised., 1.07.09
2 of 6
Page #
G. Projected housing need, including the locality's share of the regional housing needs as 5 -43 to
determined by the COG or HCD. 5 -44
Income ••
2 & to 5-
9 92 &
Very low- (0 -50% of area of median - income)
389
Other lower- (51 -80% of area median income)
319
Moderate- (81 -120% of area median income)
359
Above - moderate (over 120% of area median income)
702
TOTAL UNITS
1,769
IV. Sites Inventory and Analysis and Zoning for a Variety of Housing Types (GC Sections
65583(a)(3), 65583(c)(1) and 65583.2)
Page #
A. Sites Inventory (GC 65583.2(a) and (b))
1. Listing of properties by parcel number or unique reference (GC 65583.2(b)(1)) Appendix
H4
2. Listing of properties by size (GC 65583.2(b)(2))
3. Listing of properties by general plan designation and zoning (GC 65583.2(b)(2))
4. For non - vacant sites, description of existing uses (GC 65583.2(b)(3))
5. Map of sites (GC 65583.2(b)(7))
B. Sites Inventory Analysis of Suitability and Availability (GC 65583.2)
5 -46 to 5-
1. Realistic development capacity calculation accounting for site improvements and land- 54 &
use controls (GC 65583.2(c)(1 &2)) Appendix
H4
2. Analysis of non - vacant and underutilized lands (GC 65583.2(g))
2 & to 5-
9 92 &
Appendix
H4
3. Identification of zoning appropriate for housing for lower- income households
(GC 65583.2(c)(3))
same
4. Environmental constraints (GC 65583.2(b)(4))
Appendix
H4
5. Infrastructure including planned water, sewer, and other dry utilities supply
(GC 65583.2(b)(5))
same
revised., 1.07.09 3 of 6
Page #
C. Zoning for a Variety of Housing Types (GC 65583(c)(1) and 65583.2(c))
5 -86 to
1. Multifamily rental housing 5 -87
2. Housing for agricultural employees (permanent and seasonal) 5 -87
2. Emergency shelters
5 -89 to
5 -90
4. Transitional housing
5 -90
5. Supportive housing
5 -94
enforcement)
5 -90
6. Single -room occupancy
5 -89
7. Mobilehomes /Factory -built housing
5 -86 to
4. Fees & exactions (permit and impact fees & land dedication or other requirements
5 -87
V. Constraints on Housing (GC Section 65583(a)(4) and (5))
Page #
A. Governmental Constraints (GC 65583)(a)(4))
1. Land -use controls (e.g., zoning - development standards, including parking, 5 -83 to
height limits; setbacks, lot coverages, minimum unit sizes, growth controls) 5 -99
2. Codes and enforcement (e.g., any local amendments to UBC, degree or type of
5 -94
enforcement)
3. On /Off -site improvements (e.g., curbing requirements, street widths, circulation
5 -91
improvements)
4. Fees & exactions (permit and impact fees & land dedication or other requirements
5 -94 to
imposed on developers)
5 -95
5. Processing and permit procedures (e.g., permit and approval process including
discretionary review procedures; description of permitted uses; design review process;
5 -95 to
planned development, processing times)
5 -96
6. To housing for persons with disabilities (reasonable accommodation procedure, zoning
5 -96 to
and land use, building codes)
5 -98
Page #
B. Nongovernmental Constraints (GC Section 65583(a)(5))
5 -81
1. Availability of financing
5 -81 to
2. Price of land 5 -82
5 -81 to
3. Cost of construction 5 -82
revised., 1.07.09 4 of 6
VI. Quantified Objectives (GC Section 65583(b)(1))
Estimate quantified objectives for the number of housing units (by income level) over the time frame of the
element:
Construction
Extremely
Low
226
Very
Low
225
Low
319
Moderate
442
Above Moderate
702
Rehabilitation
50
50
5
17
0
Conservation /Preservation
99
33
32
0
0
TOTAL
374
308
356
459
702
VII. Other Topics
Page #
Description of means by which consistency will be achieved and maintained with other
general plan elements (GC Section 65583(c)(6)(B)). 5 -91
Construction, demolition and conversion of housing for lower -and moderate - income Housing
households in the coastal zone (GC Section 65588(c) and (d)). Program
2.2.5
5 -120 &
Housing
C. Priority water and sewer services procedures for developments with units affordable to Program
lower- income households (GC Section 65589.7). 2.2.9
revised: 1.07.09 5 of 6
VII. Housing Programs (GC 65583(c))
Summarize programs from the element below.
revised. 1.07.09 6 of 6
Program
.•
.:
Program
..
MMMMEWMM
Provide adequate sites (65583(c)(1)):
2.1.5
VARIES
1. Programs to provide capacity to
2.2'1
2.2
accommodate regional need
2.2.5 .5
VARIES
VARIES
2. Programs to provide sites to accommodate
2'2'6
2'2.7
all income levels
2.2.8
3. Program for a variety of housing types
22'9
2.3.1
3.2.2
3.3.3
4.2.4
5.1.3
5.1.6
Assist in the development of adequate housing
2'12
2.1.3
to meet the needs of extremely low -, very low -,
2.1.5
low- and moderate - income households
2.1.6
(65583(c)(2)):
2.2.3
VARIES
1. Utilize federal, State, and local financing
2.2.1 22.1 0
and subsidies
2.2.11
2. Provide regulatory concessions and
3.1.1
3.1.2
incentives
3.1.3
3. Describe the amount and uses of monies in
5.1.1
the redevelopment agency's L &M Fund
4. Other
Address governmental constraints
3.2.1
3.2.2
(65583(c)(3)):
3.2.3
VARIES
1. Land -use controls
2. Building codes
3. Site improvements
4. Fees and exactions
5. Processing and permit procedures
6. Housing for persons with disabilities
Conserve and improve the condition of the
1.1.1, 1.1.2, 1.1.3,
4.2.7, 4.2.8,
existing affordable housing stock (65583(c)(4))
2.1.4, 4.2.1, 4.2.2,
4.2.9, 4.2.10,
4.2.3, 4.2.5, 4.2.6
5.1.2
Program to promote equal housing opportunities
5.1.4, 5.1.6, 5.1.7,
5.1.8, 6.1.1, 6.1.2
VARIES
(65583(c)(5))
2.1.1, 4.1.1, 4.1.2,
Preserve units at -risk (65583(c)(6)(d))
4.1.3, 4.1.4, 4.1.5
VARIES
revised. 1.07.09 6 of 6
Attachment No. PC 6
Negative Declaration distributed separately
to the Planning Commission on October 14,
2011, due to bulk, and is available online at
the environmental document download page
http://www.newportbeachca.gov/index.aspx?
pane =1347
Attachment No. PC 7
Negative Declaration Comment Letters
1919 5, State College Blvd.
Anaheim, CA 92806-6114
Southern
California
Gas Company
A *Sempra Energy uGiity°
October 10, 2011
City of Newport Beach
Planning Department
3300 Newport Blvd
P.O. Box 1768
Newport Beach, CA 92658
Attention: Jaime Murillo
Subject: Proposed Negative Declaration — Newport Beach Housing Element(2008-
2014).
This letter is not to be interpreted as a contractual commitment to serve the proposed
project but only as an information service. Its intent is to notify you that the Southern
California Gas Company has facilities in the area where the above named project is
proposed. Gas facilities within the service area of the project could be altered or
abandoned as necessary without any significant impact on the environment.
Information regarding construction particulars and any costs associated with initiating
service may be obtained by contacting the Planning Associate for your area, Dave
Baldwin, at (714) 634- 3267.
Sincerely,
9/
Mike Harriel
Technical Supervisor
Orange Coast Region- Anaheim
MH /ng
milnegde.doe
STATEOFOALIEORNIA
EdmindG BroM Jr Governor
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
(916) 6536251
Fax (916) 6575390 _
Web site Yw52nah�.yav
ds_nahc @pacbell.net
agCEIVED
6 r
October 6, 2011
COMMUNITY
Mr. Jaime Murillo, Associate Planner 0C T I 12011
City of Newport Beach c oeveLOPMENr
3300 Newport Boulevard; P.O. Box 1768 oT P6
Newport Beach, CA 92658 kliwpoaT o
Re: SCH #2011091088: CEQA Notice of Completion: proposed Negative Declaration for
the "Newport Beach Housing Element Update (2008. 2014)" located in the City of
Newport Beach: Orange County, California
Dear Mr. Murillo:
The Native American Heritage Commission (NAHC), the State of California
'Trustee Agency' for the protection and preservation of Native American cultural resources
pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court
in the case of EPIC v. Johnson (1985: 170 Cal App. 3`d 604). The court held that the NAHC has
jurisdiction and special expertise, as a state agency, over affected Native American resources,
impacted by proposed projects including archaeological, places of religious significance to
Native Americans and burial sites. This project is subject to California Government Code
§65352.3 (SB 18). The NAHC wishes to comment on the proposed project.
This letter includes state and federal statutes relating to Native American
historic properties of religious and cultural significance to American Indian tribes and interested
Native American individuals as 'consulting parties' under both state and federal law. State law
also addresses the freedom of Native American Religious Expression in Public Resources Code
§5097.9.
The California Environmental Quality Act (CEQA — CA Public Resources Code
21000 - 21177, amendments effective 3/18/2010) requires that any project that causes a
substantial adverse change in the significance of an historical resource, that includes
archaeological resources, is a'significant effect' requiring the preparation of an Environmental
Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment
as 'a substantial, or potentially substantial, adverse change in any of physical conditions within
an area affected by the proposed project, including ...objects of historic or aesthetic
significance." In order to comply with this provision, the lead agency is required to assess
whether the project will have an adverse impact on these resources within the 'area of potential
effect (APE), and if so, to mitigate that effect. The NAHC Sacred Lands File (SLF) search
resulted as follows: Native American cultural resources were not identified within the
project area identified. However, the absence of archaeological resources does not preclude
their existence.
The NAHC "Sacred Sites,' as defined by the Native American Heritage Commission and
the California Legislature in California Public Resources Code § §5097.94(a) and 5097.96.
Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public
Records Act pursuant to California Government Code §6254 (r ).
Early consultation with Native American tribes in your area is the best way to avoid
unanticipated discoveries of cultural resources or burial sites once a project is underway.
Culturally affiliated tribes and individuals may have knowledge of the religious and cultural
significance of the historic properties in the project area (e.g. APE). We strongly urge that you
make contact with the list of Native American Contacts on the attached list of Native American
contacts, to see if your proposed project might impact Native American cultural resources and to
obtain their recommendations concerning the proposed project. Special reference is made to
the Tribal Consultation requirements of the California 2006 Senate Bill 1059: enabling legislation
to the federal Energy Policy Act of 2005 (P.L. 109 -58), mandates consultation with Native
American tribes (both federally recognized and non federally recognized) where electrically
transmission lines are proposed. This is codified in the California Public Resources Code,
Chapter 4.3 and §25330 to Division 15.
Furthermore, pursuant to CA Public Resources Code § 5097.95, the NAHC requests
that the Native American consulting parties be provided pertinent project information.
Consultation with Native American communities is also a matter of environmental justice as
defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code
§5097.95, the NAHC requests that pertinent project information be provided consulting tribal
parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to
pursuing a project that would damage or destroy Native American cultural resources and
Section 2183.2 that requires documentation, data recovery of cultural resources.
Consultation with tribes and interested Native American consulting parties, on the NAHC
list, should be conducted in compliance with the requirements of federal NEPA and Section 106
and 4(f) of federal NHPA (16 U.S.C. 470 at seq), 36 CFR Part 800.3 (f) (2) & .5, the President's
Council on Environmental Quality (CSQ, 42 U.S.0 4371 at seq. and NAGPRA (25 U.S.C. 3001-
3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of
Historic Properties were revised so that they could be applied to all historic resource types
included in the National Register of Historic Places and including cultural landscapes. Also,
federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175
(coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for
Section 106 consultation. The aforementioned Secretary of the Interior's Standards include
recommendations for all 'lead agencies' to consider the historic context of proposed projects
and to "research" the cultural landscape that might include the 'area of potential effect.'
Confidentiality of "historic properties of religious and cultural significance" should also be
considered as protected by California Government Code §6254( r) and may also be protected
under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for
listing on the National Register of Historic Places. The Secretary may also be advised by the
federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or
not to disclose Items of religious and /or cultural significance identified in or near the APES and
possibility threatened by proposed project activity.
Furthermore, Public Resources Code Section 5097.98, California Government Code
§27491 and Health & Safety Code Section 7050.5 provide for provisions for accidentally
discovered archeological resources during construction and mandate the processes to be
followed in the event of an accidental discovery of any human remains in a project location other
than a 'dedicated cemetery'.
To be effective, consultation on specific projects must be the result of an ongoing
relationship between Native American tribes and lead agencies, project proponents and their
contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built
around regular meetings and informal involvement with local tribes will lead to more qualitative
consultation tribal input on specific projects.
If you have any questions about this response to your request, please do not hesitate to
contact me at (916) 656251.
Program Ans
Cc: State
Attachment: Native American Contact List
Native American Contacts
Orange County
October 6, 2011
Ti'At Society /Inter - Tribal Council of Pimu
Cindi M. Alvitre, Chairwoman- Manisar
3098 Mace Avenue, Aapt. D Gabrielino
Costa Mesa,, CA 92626
calvitre @yahoo.com
(714) 504 -2468 Cell
Juaneno Band of Mission Indians Acjachemen Nation
David Belardes, Chairperson
32161 Avenida Los Amigos Juaneno
San Juan Capistranq CA 92675
ch lefdavid belardes @yahoo.
(949) 493 -4933 - home
(949) 293 -8522
Tongva Ancestral Territorial Tribal Nation
John Tommy Rosas, Tribal Admin.
Private Address Gabrielino Tongva
tattnlaw (Pgmail.com
310 - 570 -6567
Gal�rieleno/Tongv�San Gabriel Band of Mission
Anthony Morales, hairperson
PO Box 693 Gabrielino Tongva
San Gabriel , CA 91778
GTTribalcouncll @ aol.com
(626) 286 -1632
(626) 286 -1758 - Home
(626) 286 -1262 -FAX
This list Is current only as of the date of this document.
Gabrielino Tongva Nation
Sam Dunlap, Chairperson
P.O. Box 86908
Los Angeles , CA 90086
samdunlap @earthlink.net
(909) 262 -9351 - cell
Gabrielino Tongva
Juaneno Band of Mission Indians Acjachemen Nation
Anthony Rivera, Chairman
31411 -A La Matanza Street Juaneno
San Juan Capistranq CA 92675 -2674
arivera @juaneno.com
(949) 488 -3484
(949) 488 -3294 - FAX
(530) 354 -5876 - cell
Gabrielino Tongva Indians of California Tribal Council
Robert F. Dorame, Tribal Chair /Cultural Resources
P.O. Box 490 Gabrielino Tongva
Bellflower CA 90707
gtongvaQverizon.net
562- 761 -6417 - voice
562 -761- 6417 -fax
Juaneno Band of Mission Indians
Alfred Cruz, Cultural Resources Coordinator
P.O. Box 25628 Juaneno
Santa Ana , CA 92799
alfredgcruz@sbcglobal.net
714- 998 -0721
714- 998 -0721 - FAX
714- 321 -1944 - cell
Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7060.6 of the Health and Safety Code,
Section 6097.94 of the Public Resources Code and Section 6097.98 of the Public Resources Code.
This list Is applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCHN2011091088; CEQA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2008.2014)
Project; located In the City of Newport Beach; Orange County, California.
Native American Contacts
Orange County
October 6, 2011
Gabrielino- Tongva Tribe
Bernie Acuna
1875 Century Pk East #1500 Gabrlelino
Los Angeles , CA 90067
(619) 294- 6660 -work
(310) 428 -5690 - cell
(310) 587 -0170 - FAX
bacunai @gabrieinotribe.org
Juaneno Band of Mission Indians Ac)achemen Nation
Joyce Perry; Representing Tribal Chairperson
4955 Paseo Segovia Juaneno
Irvine I CA 92612
949 - 293 -8522
Gabrlelino - Tonggva Tribe
Linda Candelaria, Chairwoman
1875 Century Park East, Suite 1500
Los Angeles , CA 90067 Gabrielino
Icandelarial @gabrielinoTribe.org
626- 676 -1184- cell
(310) 587 -0170 - FAX
760- 904 - 6533 -home
Gabrieleno Band of Mission Indians
Andrew Salas, Chairperson
P.O. Box 393 Gabirelino Tongva
Covina I CA 91723
(626) 926 -4131
gabrielenolndians @yahoo.
com
This list is current only as of the date of this document.
Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7060.6 of the Health and Safety Code,
Section 6097.94 of the Public Resources Code and Section 6097.98 of the Public Resources Code.
This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCHN2011091088; CEQA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2000 -2014)
Project; located In the City of Newport Beach; Orange County, California.
2008 -2014 Housing Element Update
November 3, 2011 Planning Commission
City of Newport Beach
Housing Element?.
to meet the
needs
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es constraints to the
fiance of housing
of
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old characteristics,
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female - headed households, large families, farm
workers and homeless persons and families)
*4 it 19 Isul, V-,
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uired; good faith effort
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Table H35- Total Construction Need bye incom e, X0,06 -x!014
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o John Wayne Airport Area (30 -50 du/ ac)
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Loods
Pro :ram H�P3.2.2- Reco : nizing that General Plan Policy LU6.15.6
•may re -sult ri a potential constraint to the development of
• o dab e housing in the Ai po t Area, the City shall amend the
Genearal
an and / or establish a waiver or exception to the
�minimu t 10 -acre site requirement.. It is recognized that allowing a
s alle scale development within an established commercial and
industrial area may result in land use compatibility problems and
result in a residential development that does not provide sufficient
a e 'hies (i.e. parks and /or necessary improvements (i.e.
pedestrian walkways. Therefore, it is imperative that the
p'r�oposed waiver include provisions for adequate amenities,
design considerations for the future integration into a larger
residential village, and a requirement to ensure collaboration with
future developers in the area.
zoned for commercial and industrial uses
Pro :ram H�I''3.2.3- The City shall amend the Newport Place (PC
11) and Koll Centear (PC 15) Planned Community texts to allow
residential developmentFsthat include: 1) a minimum of 30 percent
of the units affordable to lower- income households; and 2)
densities between 30 du/ acre and 50 du/ acre consistent with the
MU -H2 General Plan land use designation and policies for the
Airport Area. It is recognized that adding residential as a
pearmitted
6se where it was not allowed previously might require
additional design attention to integrate uses. Therefore, the
I'nned Community Amendments will add residential uses as
permitted by right subject to a site plan review to ensure
integration within the existing area.
Improvement of Housing
portunities
of Affordable
Needs Groups
Program Monitoring
� *71 1, F. r. F. F, VON
identify any potentially
environment
environmental issues identified
Memorandum
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 NEWPORT BOULEVARD, BLDG. C
NEWPORT BEACH, CA 92658 -8915
(949) 644 -3209
To: Planning Commission
From: Jaime Murillo, Associate Planner
Date: October 30, 2011
Cc: Kimberly Brandt, Brenda Wisneski, Jim Campbell, Leonie Mulvihill,
Tony Brine
Re: 2008 -2014 Draft Housing Element (PA20008 -078)
Negative Declaration Comments and Responses
Attached is copy of all the comment letters received on the Initial Study /Negative
Declaration that was prepared for the project. Although not required per the California
Environmental Quality Act, staff has prepared clarifying responses to each of the
comment letters received. Staff and the environmental consultant who prepared the
environmental document do not believe the information provided in the comment
letters identify any new environmental issues not addressed in the environmental
document, and that the determination of a Negative Declaration remains appropriate.
RESPONSE TO PUBLIC COMMENTS
NEWPORT BEACH HOUSING ELEMENT UPDATE (2008 - 2014)
NEGATIVE DECLARATION
NEWPORT BEACH, CA
INTRODUCTION
The 30 -day public review period for the Negative Declaration prepared for the Newport Beach Housing
Element Update Project extended from October 1 through October 31, 2011. The City of Newport Beach
received five (5) comment letters and one (1) email on the Negative Declaration during the formal public
review and comment period. Responses to the comments included in each of the letters received by the
City have been prepared and are included with the Final ND. The comment letters and email were
received from:
1. Native American Heritage Commission (October 6, 2011)
2. Southern California Gas Company (October 10, 2011)
3. California Department of Toxic Substances Control (October 27, 2011)
4. Jim Mosher (October 30, 2010)
5. California Department of Transportation (October 31, 2011)
6. Orange County Airport Land Use Commission (October 31, 2011)
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 1
1. Native American Heritage Commission (October 6, 2011)
The letter received from the Native American Heritage Commission (NAHC) reflects the requirements and
recommendations prescribed for (early) consultation with Native American tribes, including the list of
Native American contacts, in order to address concerns related to cultural resources that may be affected
by future development in the City of Newport Beach. However, as indicated in the project description and
throughout the initial study prepared for the Newport Beach Housing Element Update, the proposed
project does not include development and no direct impacts either to historic or cultural /archaeological
resources will occur as a result of project implementation. Nonetheless, the Natural Resources Element
of the City's General Plan includes several policies that require consultation with Native American
representatives as well as other policies intended to ensure that potential impacts to historic and /or
cultural /archaeological resources resulting from urban development are avoided or reduced consistent
with the requirements and recommendations presented in the NAHC letter.
It is also important to note that since the Housing Element Update requires an amendment to the General
Plan, the City is required to consult with California Native American Tribes identified by the NAHC for the
purpose of protecting, and /or mitigating impacts to cultural places. The City has mailed and e- mailed
invitations for consultation to each of the tribes on the consultation list provided by the NAHC. Five of the
tribes on the list indicated to the City through e-mail and telephone conversations that they were not
interested in consultation on this project. After multiple attempts to contact the remaining three tribes
identified on the list, the City has not received any responses.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 2
STATE OF CALIFORNIA
NATIVE AMERICAN HERITAGE COMMISSION
` ^>
915 CAPITOL MALL, ROOM 364
tev—t�,Vrr)
SACRAMENTO, CA 95614
(916)653 -6251
Fax (916) 657 -6390
Web Site w+Xw,nlh4.ca,.yiw
da_nahc@pacbell.net
�ECEIVgO 9
Y
October 6, 2011
COMMUNITY
Mr. Jaime Murillo, Associate Planner OCT 1 1 2011
City of Newport Beach O� DEVELOPMENT
3300 Newport Boulevard; P.O. Box 1768 �o a�
Newport Beach, CA 92658 �NEWpoF1
Re: SCH #2011091088: CEQA Notice of Completion: proposed Negative Declaration for
the "Newport Beach Housing Element Update (2008 - 2014)' located in the City of
Newport Beach: Orange County, California
Dear Mr. Murillo:
The Native American Heritage Commission (NAHC), the State of California
'Trustee Agency' for the protection and preservation of Native American cultural resources
pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court
in the case of EPIC v. Johnson (1985: 170 Cal App. 3`d 604). The court held that the NAHC has
jurisdiction and special expertise, as a state agency, over affected Native American resources,
impacted by proposed projects including archaeological, places of religious significance to
Native Americans and burial sites. This project is subject to California Government Code
§65352.3 (SB 18). The NAHC wishes to comment on the proposed project.
This letter includes state and federal statutes relating to Native American
historic properties of religious and cultural significance to American Indian tribes and interested
Native American individuals as 'consulting parties' under both state and federal law. State law
also addresses the freedom of Native American Religious Expression in Public Resources Code
§5097.9.
The California Environmental Quality Act (CEQA — CA Public Resources Code
21000- 21177, amendments effective 3/18/2010) requires that any project that causes a
substantial adverse change in the significance of an historical resource, that includes
archaeological resources, is a 'significant effect' requiring the preparation of an Environmental
Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment
as 'a substantial, or potentially substantial, adverse change in any of physical conditions within
an area affected by the proposed project, including ... objects of historic or aesthetic
significance." In order to comply with this provision, the lead agency is required to assess
whether the project will have an adverse impact on these resources within the 'area of potential
effect (APE), and if so, to mitigate that effect. The NAHC Sacred Lands File (SLF) search
resulted as follows: Native American cultural resources were not identified within the
project area identified. However, the absence of archaeological resources does not preclude
their existence.
The NAHC "Sacred Sites,' as defined by the Native American Heritage Commission and
the California Legislature in California Public Resources Code § §5097.94(a) and 5097.96.
Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public
Records Act pursuant to California Government Code §6254 (r ).
Early consultation with Native American tribes in your area is the best way to avoid
unanticipated discoveries of cultural resources or burial sites once a project is underway.
Culturally affiliated tribes and individuals may have knowledge of the religious and cultural
significance of the historic properties in the project area (e.g. APE). We strongly urge that you
make contact with the list of Native American Contacts on the attached list of Native American
contacts, to see if your proposed project might impact Native American cultural resources and to
obtain their recommendations concerning the proposed project. Special reference is made to
the Tribal Consultation requirements of the California 2006 Senate Bill 1059: enabling legislation
to the federal Energy Policy Act of 2005 (P.L. 109 -58), mandates consultation with Native
American tribes (both federally recognized and non federally recognized) where electrically
transmission lines are proposed. This is codified in the California Public Resources Code,
Chapter 4.3 and §25330 to Division 15.
Furthermore, pursuant to CA Public Resources Code § 5097.95, the NAHC requests
that the Native American consulting parties be provided pertinent project information.
Consultation with Native American communities is also a matter of environmental justice as
defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code
§5097.95, the NAHC requests that pertinent project information be provided consulting tribal
parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to
pursuing a project that would damage or destroy Native American cultural resources and
Section 2183.2 that requires documentation, data recovery of cultural resources.
Consultation with tribes and interested Native American consulting parties, on the NAHC
list, should be conducted in compliance with the requirements of federal NEPA and Section 106
and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) &.5, the President's
Council on Environmental Quality (CSQ, 42 U.S.0 4371 at seq. and NAGPRA (25 U.S.C. 3001-
3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of
Historic Properties were revised so that they could be applied to all historic resource types
included in the National Register of Historic Places and including cultural landscapes. Also,
federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175
(coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for
Section 106 consultation. The aforementioned Secretary of the Interior's Standards include
recommendations for all 'lead agencies' to consider the historic context of proposed projects
and to "research" the cultural landscape that might include the 'area of potential effect.'
Confidentiality of "historic properties of religious and cultural significance" should also be
considered as protected by California Government Code §6254( r) and may also be protected
under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for
listing on the National Register of Historic Places. The Secretary may also be advised by the
federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or
not to disclose items of religious and /or cultural significance identified in or near the APES and
possibility threatened by proposed project activity.
Furthermore, Public Resources Code Section 5097.98, California Government Code
§27491 and Health & Safety Code Section 7050.5 provide for provisions for accidentally
discovered archeological resources during construction and mandate the processes to be
followed in the event of an accidental discovery of any human remains in a project location other
than a 'dedicated cemetery'.
To be effective, consultation on specific projects must be the result of an ongoing
relationship between Native American tribes and lead agencies, project proponents and their
contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built
around regular meetings and informal involvement with local tribes will lead to more qualitative
consultation tribal input on specific projects.
If you have any questions about this response to your request, please do not hesitate to
contact me at (916) 653,,6251.
Program Ana
Cc: State
Attachment: Native American Contact List
Native American Contacts
Orange County
October 6, 2011
Ti'At Society /Inter - Tribal Council of Pimu
Cindi M. Alvitre, Chairwoman- Manisar
3098 Mace Avenue, Aapt. D Gabrielino
Costa Mesa,, CA 92626
calvitre@yahoo.com
(714) 504 -2468 Cell
Juaneno Band of Mission Indians Aclachemen Nation
David Belardes, Chairperson
32161 Avenida Los Amigos Juaneno
San Juan Capistranq CA 92675
chiefdavidbelardes @yahoo.
(949) 493 -4933 - home
(949) 293 -8522
Tongva Ancestral Territorial Tribal Nation
John Tommy Rosas, Tribal Admin.
Private Address
tattnlaw @gmall.com
310- 570 -6567
Gabrielino Tongva
Gabrieleno/Tongva San Gabriel Band of Mission
Anthony Morales, Chairperson
PO Box 693
San Gabriel , CA 91778
GTTribalcouncil @ aol.com
(626) 286 -1632
(626) 286 -1758 - Home
(626) 286 -1262 -FAX
Gabrielino Tongva
This list is current only as of the date of this document.
Gabrielino Tongva Nation
Sam Dunlap, Chairperson
P.O. Box 86908
Los Angeles , CA 90086
samdunlap @earthlink.net
(909) 262 -9351 - cell
Gabrielino Tongva
Juaneno Band of Mission Indians Aclachemen Nation
Anthony Rivera, Chairman
31411 -A La Matanza Street Juaneno
San Juan Capistranq CA 92675 -2674
arivera @juaneno.com
(949) 488 -3484
(949) 488 -3294 - FAX
(530) 354 -5876 - cell
Gabrielino Tongva Indians of California Tribal Council
Robert F. Dorame, Tribal Chair /Cultural Resources
P.O. Box 490 Gabrielino Tongva
Bellflower CA 90707
gtongva(gWerizon.net
562 - 761 -6417 - voice
562 - 761 - 6417 -fax
Juaneno Band of Mission Indians
Alfred Cruz, Culural Resources Coordinator
P.O. Box 25628 Juaneno
Santa Ana , CA 92799
alfredgcruz @sbcglobal. net
714- 998 -0721
714- 998 -0721 - FAX
714 - 321 -1944 - cell
Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,
Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code.
This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCH #2011091088; CEQA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2008 -2014)
Project; located in the City of Newport Beach; Orange County, California.
Native American Contacts
Orange County
October 6, 2011
Gabrielino - Tongva Tribe
Bernie Acuna
1875 Century Pk East #1500 Gabrielino
Los Angeles , CA 90067
(619) 294 - 6660 -work
(310) 428 -5690 - cell
(310) 587 -0170 - FAX
bacunai @gabrieinotribe.org
Juaneno Band of Mission Indians AcJachemen Nation
Joyce Perry; Representing Tribal Chairperson
4955 Paseo Segovia Juaneno
Irvine 1 CA 92612
949 - 293 -8522
Gabrielino- Tongva Tribe
Linda Candelarla, Chairwoman
1875 Century Park East, Suite 1500
Los Angeles , CA 90067 Gabrielino
Icandelariai @gabrielinoTribe.org
626 - 676 -1184- cell
(310) 587 -0170 - FAX
760- 904 - 6533 -home
Gabrieleno Band of Mission Indians
Andrew Salas, Chairperson
P.O. Box 393 Gabirelino Tongva
Covina . CA 91723
(626) 926 -4131
gabrielenoindians @yahoo.
com
This list is current only as of the date of this document.
Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,
Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code.
This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCH #2011091088; CEOA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2008.2014)
Project; located in the City of Newport Beach; Orange County, California.
2. Southern California Gas Company (October 10, 2011)
This letter is the notification from Southern California Gas is responsible for providing natural gas service
in the City of Newport Beach. The letter does not contain any comments related to the adequacy of the
environmental analysis presented in the initial study.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 3
1919 5, State College Blvd.
Anaheim, CA 92806 -6114
Southern
California
Gas Company
A ' Sempra Energy utility'
u
October 10, 2011
City of Newport Beach
Planning Department
3300 Newport Blvd
P.O. Box 1768
Newport Beach, CA 92658
Attention: Jaime Murillo
Subject: Proposed Negative Declaration — Newport Beach Housing Element(2008-
2014).
This letter is not to be interpreted as a contractual commitment to serve the proposed
project but only as an information service. Its intent is to notify you that the Southern
California Gas Company has facilities in the area where the above named project is
proposed. Gas facilities within the service area of the project could be altered or
abandoned as necessary without any significant impact on the environment.
Information regarding construction particulars and any costs associated with initiating
service may be obtained by contacting the Planning Associate for your area, Dave
Baldwin, at (714) 634- 3267.
Sincerely,
(-0
Mike Haniel
Technical Supervisor
Orange Coast Region- Anaheim
MH /ag
mitnegde.doe
3. California Department of Toxic Substances Control (October 27, 2010)
The Department of Toxic Substances Control (DTSC) letter enumerates several comments related to
potential hazards (e.g., contaminated soils, human health of sensitive receptors, etc.) and their potential
effects on urban development. As indicated throughout the initial study, the proposed project includes
only the City's Housing Element Update, which would not result directly in potential impacts. The City of
Newport Beach's Housing Element details the City's strategy for enhancing and preserving the
community's character, identifies strategies for expanding housing opportunities and services for all
household types and income groups, and provides the primary policy guidance for local decision - making
related to housing. As specified in the General Plan Update EIR, all new residential development
anticipated to occur pursuant to the adopted long -range plans for the City, including residential
development associated with the Housing Element Update would be subject to the adopted relevant
policies developed to protect existing and future residents from potential hazardous conditions. The
comments raised in the DTSC letter would be the basis of any future environmental analysis for a
residential project proposed in the City.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 4
Matthew Rodriquez
Secretary for
Environmental Protection
Department of Toxic Substances Control
`
October 27. 2011
Mr. Jaime Murillo
City of Newport Beach
Deborah O. Raphael, Director
5796 Corporate Avenue
Cypress, California 90630
Planning Department
3300 Newport Beach
Newport Beach, California 92663
Edmund G. Brown Jr.
Governor
¢SCEIVED BY
COMMUNITY
QC1' 314 '1011
C DEVELOPMENT Od
9
P
yDF NEWPOµS 0
DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR CITY OF NEWPORT
BEACH HOUSING ELEMENT UPDATE (SCH# 2011091088)
Dear Mr. Murillo:
The Department of Toxic Substances Control (DTSC) has received your submitted
document for the above - mentioned project. As stated in your document: "The proposed
Newport Updated Housing Element is a comprehensive statement of the city's housing
policies and serves as a specific guide for implementation of these policies. The
Housing Element Update examines current housing needs, estimates future housing
needs, and establishes goals, policies, and programs pertaining to those needs.
Housing programs are responsive to current and future needs. They are also
established within the context of available community, state, and federal economic and
social resources, and realistic quantified housing objectives ".
Based on the review of the submitted document DTSC has the following comments:
1) The document states that the ND would identify any known or potentially
contaminated sites within the proposed project area.
2) The ND should identify the mechanism to initiate any required investigation
and /or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight. If hazardous materials or
wastes were stored at the site, an environmental assessment should be
conducted to determine if a release has occurred. If so, further studies should be
carried out to delineate the nature and extent of the contamination, and the
potential threat to public health and /or the environment should be evaluated. It
may be necessary to determine if an expedited response action is required to
reduce existing or potential threats to public health or the environment. If no
immediate threat exists, the final remedy should be implemented in compliance
with state laws, regulations and policies.
Mr. Jaime Murillo
October 27, 2011
Page 2
3) The project construction may require soil excavation and soil filling in certain
areas. Appropriate sampling is required prior to disposal of the excavated soil.
If the soil is contaminated, properly dispose of it rather than placing it in another
location. Land Disposal Restrictions (LDRs) may be applicable to these soils.
Also, if the project proposes to import soil to backfill the areas excavated, proper
sampling should be conducted to make sure that the imported soil is free of
contamination.
4) Human health and the environment of sensitive receptors should be protected
during the construction or demolition activities. A study of the site overseen by
the appropriate government agency might have to be conducted to determine if
there are, have been, or will be, any releases of hazardous materials that may
pose a risk to human health or the environment.
5) If during construction /demolition of the project, soil and /or groundwater
contamination is suspected, construction /demolition in the area should cease and
appropriate health and safety procedures should be implemented. If it is
determined that contaminated soil and /or groundwater exist, the ND should
identify how any required investigation and /or remediation will be conducted, and
the appropriate government agency to provide regulatory oversight.
6) If weed abatement occurred, onsite soils may contain herbicide residue. If so,
proper investigation and remedial actions, if necessary, should be conducted at
the site prior to construction of the project.
7) If it is determined that hazardous wastes are, or will be, generated by the
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code,
Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5). If it is determined that
hazardous wastes will be generated, the facility should also obtain a United
States Environmental Protection Agency Identification Number by contacting
(800) 618 -6942. Certain hazardous waste treatment processes or hazardous
materials, handling, storage or uses may require authorization from the local
Certified Unified Program Agency (CUPA). Information about the requirement for
authorization can be obtained by contacting your local CUPA.
8) If buildings, other structures, or associated uses; asphalt or concrete -paved
surface areas are being planned to be demolished, an investigation should be
conducted for the presence of other related hazardous chemicals, lead -based
paints or products, mercury, and asbestos containing materials (ACMs). If other
hazardous chemicals, lead -based paints or products, mercury or ACMs are
identified, proper precautions should be taken during demolition activities.
Mr. Jaime Murillo
October 27, 2011
Page 3
Additionally, the contaminants should be remediated in compliance with
California environmental regulations and policies.
9) DTSC can provide guidance for cleanup oversight through an Environmental
Oversight Agreement (EOA) for government agencies that are not responsible
parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For
additional information on the EOA or VCA, please see
www.dtsc.ca.gov /SiteCleanup /Brownfields, or contact Ms. Maryam Tasnif-
Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484 -5489.
If you have any questions regarding this letter, please contact me at
ashami a dtsc.ca.gov, or by phone at (714) 484 -5472.
Brownfields and Environmental Restoration Program
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812 -3044
state. clearinghouseRopr.ca.gov
CEQA Tracking Center
Department of Toxic Substances Control
Office of Environmental Planning and Analysis
P.O. Box 806
Sacramento, California 95812
nritter(a)dtsc.ca.gov.
CEQA # 3372
4. Jim Mosher (October 30, 2010)
Response to Comment No. 1
The document that was circulated for public review is the initial study, which was prepared to evaluate the
potential impacts of the proposed Newport Beach Housing Element Update. The initial study
environmental checklist is included in Section 4.0 of the document that was distributed for public review.
Because the analysis concluded that no significant impacts would occur as a result of that project, a
Negative Declaration is proposed and the "Notice of Intent to Adopt a Negative Declaration" accompanied
the initial study.
Response to Comment No. 2
As indicated in Response to Comment No. 1, Negative Declaration is the determination made by the City
based on the environmental analysis conducted for the project. That determination is found in Section
6.0 of the initial study (refer to page 91 of the initial study). As a result, the "Notice of Intent to Adopt a
Negative Declaration" was included with the initial study as a separate notice.
Response to Comment No. 3
Draft No. 4 (August 2011) of the Newport Beach Housing Element Update is the most current version that
was approved by the State Housing and Community Development Department and is the subject of the
initial study. Draft No. 4 is listed first on the City's website and the webpage where the document is
available for review is referenced on page 13 of the initial study.
Response to Comment No. 4
As indicated on page 15 of the initial study, the City of Newport Beach is the project proponent.
Response to Comment No. 5
Technically, the 30 -day public comment period is October 30; however, because that day falls on a
Sunday, the City accepted comments until 5:00 p.m. on Monday, October 31. The public review period
was updated to reflect this; however, City staff inadvertently failed to update the third paragraph from the
end. Nonetheless, as indicated above, the City accepted comments received through the end of the
business day on October 31.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 5
From: Jim Mosher
To: Murillo, Jaime;
Subject: Comments on proposed Negative Declaration for the Newport Beach Housing Element Update (2008-
2014)
Date: Sunday, October 30, 20112:41:20 PM
To: Jaime Murillo, Associate Planner
City of Newport Beach
Re: proposed Negative Declaration for the Newport Beach Housing Element Update (2008 -2014)
The following comments are being submitted in response to the notice at:
http://www.newportbeachca.gov/index.aspx?paqe=99&recordid= 1531
The document under review describes itself as an "INITIAL STUDY /NEGATIVE DECLARATION' but
the CEQA Guidelines:
http://www.califaep.org/docs/CEQA/CEQAHandbook20lL,pl
describe the "Initial Study" (Guidelines Article 5, beginning at 15060) and the "Negative
Declaration" (Article 6, beginning at 15070) as separate processes, and my understanding is that the
"Initial Study" would normally consist of something similar to the checklists provided in Appendices G
or H of the CEQA Guidelines.
In particular, CEQA Guideline 15071 states that:
"A Negative Declaration circulated for public review shall include:
(c) A proposed finding that the project will not have a significant effect on the environment;
(d) An attached copy of the Initial Study documenting reasons to support the finding."
Question 1: Is the document being circulated for public review the Initial Study or the Negative
Declaration?
Question 2: If it is the "Negative Declaration," where is the "attached copy of the Initial Study "?
The "project" to which the Negative Declaration applies appears to be the "City of Newport Beach
Housing Element Update (2008- 2014)" cited on the title page, which a close reading of the text
suggests is a proposed amendment to the 2006 General Plan. I can find only vague references to
early drafts of the text of "Housing Element Update (2008- 2014)" having been posted at unspecified
locations on the City website, and public workshops having been held in 2008. It also appears
subsequent revisions were made to address concerns raised by the State Department of Housing,
which may or may not have been publicly reviewed:
http://www.newportbeachca.goy/index.aspx?paqe=192
It seems impossible to comment on the adequacy of the Negative Declaration without being sure
exactly what "project" it refers to (probably "HCD Draft No. 4 (August 2011)" at the above link ?).
Question 3: Should the Negative Declaration include a link to, or a clearer identification of, a
definitive copy of the specific version of the "Housing Element Update (2008- 2014)" that it declares
to have no significant impact?
CEQA Guideline 15071(b) requires a Negative Declaration to identify "the name of the project
proponent."
Question 4: Who is the project proponent?
The "Notice of Intent to Adopt a Negative Declaration" dated September 28, 2011:
http: / /www.newportbeachca.gov /pin /CEQA REVIEW /Newport %20Beach%
201-lousing Element Update 2008 -2014 ND /01 Notice of Intent to Adopt.pdf
says the public review period is "September 30, 2011 to October 31, 2011" but the third paragraph
from the end says "comments must be received no later than October 30, 2011 at 5:00 pm."
Question 5: Is "October 30, 2011 at 5:00 pm" in the printed notice a misprint for "October 31, 2011
at 5:00 pm "?
Finally, the on -line notice at:
http://www.newportbeachca.gov/index.aspx?paqe=99&recordid=1531
gives your contact phone number as (949) 644 - 33209. I believe this is a misprint for 949 - 644 -3209.
Sincerely yours,
Jim Mosher
2210 Private Road
Newport Beach, CA 92660
(949) 548 -6229
S. California Department of Transportation (October 31, 2011)
The comments raised by Caltrans relate to two areas: (1) the need for policies in the Housing Element to
stress agency coordination early in the land use planning process and (2) the need to conduct traffic
analyses on (residential) projects, the method of analysis, levels of service targets, traffic impact and fair
share fees, etc. The City's General Plan Circulation Element contains several policies related to
circulation in the City, including agency coordination in land use planning (CE 3.1.2) as well as other
policies intended to facilitate and accommodate traffic through the City of Newport Beach. In addition, the
City will require traffic impact analyses (TIAs) to be conducted on projects that generate traffic in excess
of established thresholds. The TIAs will be prepared in accordance with City requirements and, when
applicable, with those standards and methods prescribed by Caltrans. The City will continue to
coordinate such studies to ensure that future projects that have a potential to affect Caltrans' facilities are
adequately addressed.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 6
SC c r � t 5 .r [' Jrl dmnnd . Rmwn. Governor
DEPARTMENT OF TRANSPORTATION
District 12 �^
3347 Michelson Drive, Suite 100 CoMMUW1TV
Irvine, CA 92612 -8894
Tel: (W) 724 -2267 12011
OCT Flr_iynr <rpmrer.
Fax: (949) 724.2592 Rv nn,nC�rcJfieinrrr(
FAX t& MAIL
October 31, 2011
Jaime Murillo
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, C.A. 92658
�y DEVELOPMENT �Va
04'
Op NEWPOO
Subject: City of Newport Beach Housing Element Update 2008 -2014
Dear, Mr. Hunter,
Idle: 1GR/CEQA
SCH #: 2011091088
Log #: 2805
SR -1, 55,'73
Thank you for the opportunity to review and comment on the Negative Declaration for the City of
Newport Beach Rousing Element Update 2008 - 207.4. The Housing Element is an integral component
of the City's General Plan, which addresses existing and future housing needs of all types for persons
of all economic segments in the City. State law requires the preparation of a Housing Element every
five years as part of the comprehensive General plan. The nearest State Routes to the project site are
SR -1, 55, and 73.
The California Department of Transportation (Department), District 12 is a commenting agency
on this project and has the following curnnwnt:
1. The Housing .Element should include language requiting the City to develop policies stressing
coordinationn between the City and the Department early in the land use and transportation
planning process.
2. Although this particular project does not propose any new development the Department would .
like to emphasize that it supports General Plans (or Specific Plans) that foster a more efficient
land use pattern that (a) supports improved mobility and reduced dependency on single -
occupant vehicle trips, (b) accommudatcs au adcyuutc supply of housing for all incomes, (c)
reduces impacts on valuable habitat, productive farmland, and a.ir quality, (d) increases resource
use efficiency, and (e) results in safe and vibrant neighborhoods. The Department recognizes
that non - motorized travel is a. vital element of the transportation system and therefore,
encourages communities make pedestrian and bicycle activity possible, thus expanding
transportation options, and creating a streetscape that better serves a range of users —
pedestrians, bicyclists, transit riders, and automobiles.
3. The Department's Traffic Operations Branch requests all traffic analysis be based on the
method (Ju0ined in the latest vctskw of the Highway Capacity Manual (JJCM) when analyzing
traffic impacts on State Transportation Facilities including but not limited to freeway segments,
"CnUrrtns improves maliiliry rtcross Cnfifornin"
bighway segments, intersections, on or off ramps (weaving, queuing, merging and diverging,
The use of HC.M is preferred by the ,Department because it is an operational analysis as opposed
lu the lu[ersection Capacity Utilization (ICU) method, which is a planning analysis. In the case
of projects that have direct impacts on State Facilities, the .Department recommends that the
traffic impact analysis be based on. RCM method. Should the project require an cneroachniont
permit, Traffic Operations may find the Traffic Impact Study based on ICU methodology
inadequate resulting in possible delay or denial of a. permit by the Department. All input sheets,
assumptions and volumes on State Facilities including ramps and .intersection analysis should be
submitted to the Department for review and approval. All environmental documents should
include appropriate mitigation measures to offset any potential impacts. The traffic impact on
the state transportation system should be evaluated based on the Department's Guide for the
Preparation of Traffic impact Studies which is available at:
http: //ivww dot ca ov/lrq /ta'affops/ dove] onsery /ol2erationalsystems /reports /tisguide udf.
4. The General Plan should acknowledge the Departments' standard, of maintaining a target Level
of Service (T.0S) nt th.e transition between LOS C and LOS D on State highway facilities. Any
degradation of the LOS past this threshold should be mitigated to bring the facility back to the
baseline /existing condition. For future projects that may impact State facilities, we recommend
that early coordination be done between the ]department and the City to fully address level of
significance thresholds (transition between LOS C and D) and appropriate methods for
analyzing impacts (LOS vs. Hours of Delay).
5. Should new development be proposed in the future, the Department has interest in. working
cooperatively to establish a Traffic hupact Fee (TIF) program to mi.ti.gate impacts to State
Transpnrta.tinn Facilities on a "fair share" basis. Local development project applicants would
pay their "fair share" to an. established fund for future transportation. improvements on the state
highway system. If there is an. existing TIF program, it can be amended to include mitigation for
the State Highway System. or a new TIF program may be considered. The Department requests
the opportunity to participate .in. the TIF for State Highway improvements development process.
6. Future projects have the potential to significantly impact SR -73 mainline and intembanges,
ramps and intersections. Lnpacts of development causing uperutiug wnilitions LL) de(eriorate to
deficient levels of service, or impacts adding to an existing deficient level of service condition
require mitigation.
7. The Department requests to participate in the establishment and implementation of "fair share"
mitigation for the project impacts. The Department has an established methodology standard
used to properly calculate equitable project share contribution. This can be found in Appendix B
of the Department's Guide for the Preparation of Traffic Impact Studies which is available at:
littp: / /www. dot. ca. gov/ 11 q/ tra. ffops /develonscrv/pperatio11'LIS t mslrepo.fs /tis oi.de.pdf.
8. For CBQA purposes, the .Department does not consider the Congestion. Managennent Plan
(CMP) significance threshold of mi increase in We more than 1% ramps or 3% for mainln,e
appropriate, For analysis of intersections connecting to State facilities, ramps and freeway
mainline, we recommend early coordination occur to discuss level of significance thresholds
related to traffic and circulation.
"Calf, ms hnp ."v , .Nliry ".", C,'ulifmniie"
Ntease continue to keep us informed of this project and any future developments, which could
potentially impact State transportation..facilities. If you have any yt>estions or need to contact its, please
do not hesitate to call IDatnun Davis at (949) 440 -3487.
Sinc?aely,
Maryam Molavi, Acting Branch Chief
Local Developittent /Intergovernmental Review
C: Ferry Roberts, Office of Planning and Research
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6. Airport Land Use Commission (October 31, 2011)
It is important to note that the City of Newport Beach submitted the proposed Housing Element Update
(2008 - 2014) to the Airport Land Use Commission (ALUC) for consistency review with the Airport
Environs Land Use Plan (AELUP) in accordance with Public Utilities Code Section 21676. The ALUC is
scheduled to review the draft Housing Element for consistency review on November 17, 2011.
Newport Beach Housing Element Update (2008 - 2104) Negative Declaration
Responses to Public Comments
November 2011
Page 7
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626.949112370 fax: 949.252.6012
October 31, 2011
Jaime Murillo, Associate Planner
City of Newport Beach Planning Department
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Newport Beach Housing Element Update (2008 -2014)
Dear Mr. Murillo:
Thank you for the opportunity to review the Notice of Intent to Adopt a Negative Declaration for
the proposed Newport Beach Housing Element Update (2008 -2014) in the context of the Airport
Land Use Commission's Airport Environs Land Use Plan for John Wayne Airport (AELUP for
JWA). The proposed Newport Beach Updated Housing Element is a comprehensive statement of
the City's housing policies and serves as a specific guide for implementation of these policies.
As stated in the initial study, the Housing Element Update does not include specific development
projects, but instead, provides a framework for the City's anticipated future residential growth
and housing demand. The initial study includes a discussion of issues that should be considered
when developing projects surrounding John Wayne Airport such as height restrictions, safety
issues, and noise. The initial study also states that all land uses surrounding JWA would be
subject to the land uses standards established in the City's Municipal Code and the AELUP for
JWA.
A referral by the City to the ALUC may be required for this project due to the location of the
proposal within an AELUP Planning Area and due to the nature of the required City approvals
(i.e. Housing Element Update) under PUC Section 21676(b). With respect to project submittals,
please note that the Commission wants such referrals to be submitted to the ALUC for a
determination, between the Local Agency's expected Planning Commission and City Council
hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must
be received in the ALUC office by the first of the month to ensure sufficient time for review,
analysis, and agendizing.
Thank you for the opportunity to comment on the proposed Housing Element Update. Please
contact Lea Choum at 949.252.5123 or via email lchoum(c0cair.com if you require additional
information.
Sincerely,
t
Y
�
Kari A. Rigoni
Executive Officer