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HomeMy WebLinkAbout8.0_2017 GP Status Report_PA2007-195CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT r� = March 8, 2018 Cq��p0.N�P Agenda Item No. 8 SUBJECT: 2017 General Plan Status Report (PA2007-195) PLANNER: Melinda Whelan. Assistant Planner 949-644-3221, mwhelan(a)newportbeachca.gov RECOMMENDATION 1) Find the preparation, review and submission of the 2017 General Plan Status Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; 2) Review and comment on the 2017 General Plan Status Report; and 3) Recommend the City Council review and authorize the submittal of the 2017 General Plan Status Report to the California Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). DISCUSSION Government Code Section 65400 and General Plan Implementation Program 1.3 require the preparation of an annual report on the status of the General Plan and progress in its implementation. Following City Council review, the report needs to be sent to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The 2017 General Plan Status Report follows preparation guidelines set forth by OPR. The report reflects the status of the implementation measures at the conclusion of 2017, and does not reflect changes or updates which may have been directed in 2018. The implementation programs contained in Chapter 13 of the General Plan are included for reference as Attachment PC1. The report is the City's self-assessment of the status and implementation of the General Plan and Housing Element. The report is broken up into two parts: Part 1) General Plan Implementation Programs; and Part 2) Housing Element Annual Report (Attachment PC2). The Housing Element Annual Report is mandated by Government Code Sections 65583 and 65584 and demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. The Housing Element Report follows the 1 2017 General Plan Status Report Planning Commission, March 8, 2018 Page 2 guidelines provided by HCD as recommended by Government Code Section 65400(B) and includes the following information: A. Annual building activity reports for new housing units; B. Regional housing needs allocation progress; and C. Program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. In 2017, the City Council and staff investigated commencing a comprehensive update to the General Plan. On January 29, 2018, at the 2018 Planning Session special meeting, the City Council and public discussed a comprehensive General Plan Update. On February 13, 2018, the City Council adopted a resolution to initiate an amendment to the General Plan in 2019. After initiation, the first step will be an outreach effort to the community to identify issues to be addressed in the future update. Environmental Review The General Plan Status Report, including the Housing Element Report, is not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code. Public Notice The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Planning Commission considers the item). Prepared by: Submitted by: Melinda Whelan Assistant Planner ATTACHMEN PC 1 General Plan Implementation Program (General Plan Chapter 13) PC 2 General Plan Annual Status Report: Part 1. General Plan Implementation Programs; and Part 2. Housing Element Annual Report 01/12/18 2 Attachment No. PC 1 General Plan Implementation Program (General Plan Chapter 13) 3 CHAPTER 13 Implementation Program 21 Imolementation Proaram IMPLEMENTATION The following implementation programs constitute the principal set of actions and procedures necessary to carry out the goals and policies of the City of Newport Beach General Plan. They are generally described and do not reiterate the policies' specific standards or requirements that must be addressed in implementation, such as permitted development densities and required parkland acreage dedication. Consequently, in implementing the programs it is necessary to review the Plan's policies to assure that they are fully addressed. For the convenience of the General Plan's users, each implementation program is numbered and referenced at the close of each relevant Element policy (Imp —)• The programs described herein may change over time to reflect available funding or as new approaches are used in the future. To this end, the General Plan Progress Report required to be prepared annually, as described in Imp 1.3 below, should review the continuing applicability of the programs and update this list as necessary. Such modifications would not necessitate a formal amendment of the General Plan, unless they substantively alter the Plan's goals or policies. Development Management System The City of Newport Beach's Development Management System encompasses the policy and regulatory documents and procedures that guide land use development and resource conservation in accordance with the goals and policies specified by the General Plan. ®Newport Beach General Plan 5 I1i1'i7 '[TToTii�iiGTit■• • � . u 1. GENERAL PLAN Overview The City of Newport Beach General Plan was prepared and adopted in accordance with the procedural and substantive requirements of California Government Code §65300 et seq. It serves as the statement of official policy for Newport Beach's long term physical development and addresses all elements statutorily required by the Code including Land Use, Housing, Circulation, Conservation, Open Space, Public Safety, and Noise. To avoid redundancy, the subjects of the Conservation and Open Space Element have been merged into the Natural Resources Element. Parks and Recreation, under statute a component of the Open Space Element, has been prepared as a separate element to reflect its importance. As a municipality is permitted to incorporate other elements that pertain to its PROGRAM unique characteristics or visions, the Newport Beach General Plan also includes Harbor and Bay, Arts and Cultural, and Historic Resources Elements. Though optional by statute, once adopted they hold equal weight under the law as the mandated elements. Goals and policies of the General Plan are applicable to all lands within the jurisdiction of the City of Newport Beach. Consistent with state statutes (65300), the General Plan also specifies policies for the adopted Sphere of Influence (SOI), encompassing Banning Ranch, which represent the City's long-term intentions for conservation and development of the property should it be annexed to Newport Beach. Until that time, uses and improvements of the property are subject to the County of Orange General Plan. Programs Imp 1.1 Ensure that Private Development and Capital Improvements are Consistent with the General California statutes require that a city's decisions regarding its physical development must be consistent with the adopted General Plan. As entitlements for the development of private properties are guided by the City's ordinances and Charter requirements, implicitly they must be consistent with the General Plan. As a consequence, it is necessary for Newport Beach to review all subdivision and development applications and make written findings that they are consistent with all goals and policies of the General Plan (see Imp 12.1 and Imp 13.1). If the project is found to be inconsistent, it cannot be approved without revisions of the General Plan and, as necessary, it's implementing ordinances. Newport Beach General Plan RE Imolementation Proaram When the City or any external agency responsible for the planning or implementation of public works within the City prepares its annual list of proposed public works and its five-year Capital Improvement Program (CIP), these must be submitted to the Planning Commission for review for conformity with the adopted General Plan (Government Code 565401). Additionally, when the City acquires property for public purposes, such as streets and parks, the Planning Commission is required to review this action and report on its consistency with the General Plan (565402). Imp 1.2 Update and Revise the General Plan to Reflect Changing Conditions and Visions While there are no specific deadlines for updates and revisions of the General Plan, state guidelines urge that it be maintained to reflect current conditions, issues, and visions. The State Office of Planning and Research (OPR) is required to notify a city when its general plan has not been revised within eight years. If the plan has not been revised within ten years, OPR must also notify the Attorney General, who will notify the City of the legal risks for failure to maintain a legally adequate plan. An exception is the Housing Element, which is required to be revised at least every five years (Code 565588) and certified by the State Department of Housing and Community Development (HCD). Historically, this deadline has been extended on a number of occasions due to delays in the preparation of the regional housing allocation by the responsible regional agency, the Southern California Association of Governments (SCAG). While comprehensive revisions occur infrequently in recognition of the long-term role of the General Plan, it is important to monitor its relevance and applicability to local needs and issues as they evolve over time. At least once every five years the City should review the economic markets for commercial, industrial, and housing development; identify trends that impact or provide opportunities for the City; assess the Plan's land use diagram, policies, and standards for their effectiveness in addressing these; evaluate traffic conditions and their correlation with land use development; and amend these where desired and necessary. All amendments must be analyzed pursuant to Charter Section 423 to determine if they must be submitted to the electorate. As many of the General Plan's implementation programs, particularly the Public Infrastructure and Services Plans and Public Service Programs, are dependent on available funding and evolve over time to reflect changing community needs, they should be reviewed and updated at least once each three years to assure their continuing relevancy. This is a technical revision that would not necessitate a formal amendment of the General Plan, provided that they do not alter its policies, and would best be accomplished as an integral component of the Annual General Plan Progress Report (see Imp 1.3). Revisions and updates of the General Plan should be made in accordance with the General Plan's Vision Statement, or as modified by future public input. Fundamentally, this should sustain the City's intentions to be a residential community, balanced with supporting retail uses, job opportunities, and visitor and recreational services and amenities. Amendments to accommodate the City's "fair -share" of regional housing demand will be considered in context of these visions and the goals stipulated by this Plan. Increments of additional growth will be linked to the provision of adequate supporting transportation systems, infrastructure, and public services. Newport Beach General Plan Imp 1.3 Prepare Annual General Implementation Reports Implementation Program Plan Progress and Housing Element The California Government Code §65400(b)(1) requires all cities and counties to submit an annual General Plan Progress Report to their "legislative bodies," the State Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD). The purpose of the report is to provide information on the status of the General Plan and the progress made in implementing its programs and goals including the adequacy of transportation, utility infrastructure, and public services to support entitled projects. Additionally, the Report must specify the degree to which the approved general plan complies with the General Plan Guidelines published by the Governors Office of Planning and Research (OPR) and the date of its last revision. As required by State Housing Element Law, the City is also required to monitor all housing programs and complete a detailed annual Housing Element Implementation Report that documents the City's progress in fulfilling its share of the Regional Housing Needs Assessment; the status of the implementation of each of the housing programs of the City's Housing Plan; and reviews actions and programs adopted to remove or mitigate governmental constraints on the development of housing for all income levels. 2. ZONING CODE Overview The City of Newport Beach Zoning Code, Title 20 of the Municipal Code, is one of the primary means of implementing the General Plan. Unlike the long-term perspective of the General Plan, the Zoning Code anticipates the immediate uses of the land. Areas within the SOI are governed by the County of Orange Zoning Code, until annexation to the City, when they would be subject to the City's Code. While state statutes do not require consistency between the General Plan and Zoning Code for charter cities, such as Newport Beach, most court decisions in the state pertaining to the regulation of land use development in such communities have set the General Plan as the standard by which development entitlements that have been legally challenged have been measured. This is based on the premise that effective implementation of a general plan necessitates mutually reinforcing actions, such as a consistent zoning code. Newport Beach's practice has been to maintain consistency between its General Plan and Zoning Code. Programs Imp 2.1 Amend the Zoning Code for Consistency with the General Plan Adoption of the updated General Plan necessitates a thorough review of the Zoning Code's regulations for consistency with the General Plan's Land Use Plan and policies. This shall include review of Code requirements pertaining to areas designated as "Specific Plans" (see "Specific Plans" below) and amendments to Planned Community (PC) Development Plans. Newport Beach General Plan RN molementation Proaram In accordance with state statutes, the Zoning Code shall be amended "within a reasonable time" of the adoption of the updated General Plan. While a specific time frame is not specified, it is common practice for communities to revise their zoning within a 12- to 18 -month time period. In summary, map and text amendments may be necessary to accomplish the following: a. Review and revise land use classifications to reflect the General Plan's policies for permitted uses, densities/intensities, and development standards. These need to reflect the new types of land use categories, including those that provide for the vertical and horizontal mixing of housing with commercial, office, visitor -serving and other non-residential land uses. b. Add standards to implement policies addressing community character and design and development for each land use category and as defined for sub -areas. c. Review and amend, where necessary, Code requirements and standards pertaining to the location and design of development to protect terrestrial and marine environmental resources; protect development and populations for the risks of environmental hazards such as earthquakes, tsunamis, methane gas, and excessive noise; and maintain the integrity and quality of Newport Harbor and the Upper Bay. d. Review and amend the Code, as necessary, to achieve specific objectives of the General Plan such as lot consolidation to improve the economic viability of commercial uses, retention of marine -related businesses, development of affordable housing, and implementation of more environmentally sustainable buildings and site planning. These may be accomplished through development requirements and/or incentives. e. Review and amend the Code, as necessary, to assure that developer requirements for the dedication of lands for roadway improvements, parklands, and other elements defined by General Plan policies are fulfilled, including specifications and procedures for which in -lieu fees may be contributed. 3. SPECIFIC PLANS Overview Specific plans are tools for the systematic implementation of the General Plan and intended to implement and regulate land use and development within a specific project boundary, subject to the substantive and procedural requirements of §65450 through 565450 of the California Government Code. Specific plans are regulatory documents adopted by ordinance and, to date, have been incorporated into Newport Beach's Zoning Code. Therefore, all development standards contained therein are enforceable by law. Specific plans that have been adopted by the City of Newport Beach, generally, are more limited in their scope and application than authorized by the California Government Code. Principally, they are more specific than underlying the parallel zoning requirements in their definition of development standards and design guidelines to reflect the unique characteristics of their planning area. Some prescribe programs for visual enhancement and streetscape improvements. Adopted specific plans at the time of the approval of the updated General Plan include Newport Shores, Mariner's Mile, Cannery Village/McFadden Square, Santa Ana Heights, Central Balboa, and Old Newport Boulevard. Newport Beach General Plan 9 I1i1'i7 '[TToTii�iiGTit■• • � . u A "placeholder" is included in the Code for the anticipated future preparation of a specific plan for Corona del Mar. However, the updated General Plan does not specify a specific implementation structure or regulating document for Corona del Mar or most other areas. As a component of the revision of the Newport Beach Zoning Code for consistency with the General Plan (Imp 2.1, above), development regulations for designated Specific Plan areas of the City shall be reviewed and amended as necessary. Programs Imp 3.1 Preparation of New Specific Plans As specific plans are considered by the state OPR to be especially useful for large projects and sites with environment constraints, there are several potential applications in the City of Newport Beach. These may be prepared by either the City or private sector. However, responsibility for their adoption lies with the City Council. a. Should Banning Ranch not be acquired as open space, guidelines and standards for the integration of development with the preservation of critical habitat, bluffs, and other natural open spaces are essential. General Plan policies for the intermixing of a variety of housing types with local retail services, a hotel, and park in a walkable and sustainable environment can best be accomplished through detailed development standards and design guidelines that are not currently contained in the City's ordinances. A specific plan, as conceived by state statute, would also encompass detailed infrastructure, financing, and phasing plans. A specific plan would also be helpful in assuring that the quality of development and scope of resource protection desired for this property would be achieved b. Specific plans may also be considered to satisfy the regulatory planning requirements for the residential villages proposed for the Airport Area and the integration of the mix of medical - related, housing, commercial, and industrial uses in West Newport Mesa. In these cases, the specific plans would serve as important tools to guide the development of multiple properties into a cohesive district. It would establish standards for a suitable interface among the diverse permitted land uses, a high level of architectural design and site landscape, and the incorporation of parklands, unifying streetscapes, and other amenities. 4. DEVELOPMENT PLANS/PLANNED COMMUNITIES Overview The City of Newport Beach provides for a "Planned Community" (PC) designation for the development of large properties, usually under one ownership, with the objective of producing a well- defined and cohesive district that integrates one or more type of housing unit and supporting uses that meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation similar to comparable residential and commercial districts in the City, as well as reflects the unique environmental setting of the property. These define specific development standards that are customized to reflect the unique attributes of the property and its surroundings. Newport Beach General Plan RE Imolementation Proaram Programs Imp 4.1 New" Planned Community^ Development Plans In lieu of the preparation of specific plans, as discussed above, the City may elect to have "Planned Community" plans prepared for large scale development projects permitted by the General Plan. Principally, these would apply to Banning Ranch, and residential villages in the Airport Area. For the Latter, these would serve as the "regulatory plan" required for each village. This would expand the traditional use of the City's PC designations to incorporate detailed design guidelines, infrastructure plans, phasing, and financing mechanisms. 5. LOCAL COASTAL PROGRAM Overview Implementation of California Coastal Act policies is accomplished primarily through a Local Coastal Program (LCP) that contains a Coastal Land Use Plan (CLUP) and Implementation Plan (IP). The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City of Newport Beach, with the exception of Newport Coast and Banning Ranch. Newport Coast is governed by the previously certified and currently effective Newport Coast segment of the Orange County Local Coastal Program. Banning Ranch is a Deferred Certification Area (DCA) due to unresolved issues related to land use, public access, and the protection of coastal resources. The IP consists of the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan. Programs Imp 5.1 Review and Revise Coastal Land Use Plan for Consistency with the General Plan The General Plan's updated goals and policies were written in consideration of the CLUP approved by the California Coastal Commission on February 8, 2006. Many of its policies were directly incorporated in the Land Use, Harbor and Bay, Natural Resources, Recreation, and Safety Elements. However, there are a number of policies in the updated General Plan that may deviate from those in the approved CLUP Among these are policies for the inclusion of housing and mixed-use developments in portions of the coastal zone and the revised land use classification and density/intensity system. It will be necessary to review and amend the CLUP for consistency and submit these to the Coastal Commission for certification. 6. SUBDIVISION ORDINANCE Overview The City of Newport Beach Subdivision Ordinance, Title 19 of the Municipal Code, regulates and controls the division of land within the City in accordance with the Subdivision Map Act and Government Code X66411. The Subdivision Ordinance regulates the design and improvement of Newport Beach General Plan 11 I1i1'i7 '[TToTii�iiGTit■• • � u subdivisions, requires dedications of public improvements, establishes development impact fees and mitigation programs, and requires conformity with the provisions of the City's General Plan. This includes the review and approval of lot size and configuration, street alignments, street grades and widths, traffic access, drainage and sanitary facilities, lands dedicated for public uses (e.g., schools and parks) and open spaces, and other measures as may be necessary to insure consistency with or implementation of the General Plan. Programs Imp 6.1 Review the Subdivision Ordinance for Consistency with the General Plan On adoption of the updated General Plan, the Subdivision Ordinance shall be reviewed and amended where necessary to ensure consistency with its goals and policies. This may encompass revisions related to the Plan's policies pertaining to the intermixing of uses; site planning and design; landscape improvements; roadway and street standards and improvements; storm drainage and pollution runoff control; conformance to natural topography and landscapes; terrestrial and marine habitat protection; landform and coastal sand protection; flooding, fire, geologic, seismic, and other hazard abatement; environmental impact mitigation, and infrastructure and public service concurrency. Additionally, the City should examine and modify the Ordinance to reflect state-of-the-art land development practices that enhance environmental sustainability, such as the draft "LEED for Neighborhood Developments (LEED-ND) Rating System." These standards would largely be applicable to large scale development projects, such as the Banning Ranch. 7. BUILDING AND CONSTRUCTION CODE Overview Building construction in the City is regulated by Title 15 of the Newport Beach Municipal Code, "Buildings and Construction." This encompasses the 1994 Uniform Code for Building Conservation; 1997 Uniform Administrative Code; Uniform Housing Code; California Swimming Pool, Spa, and Hot Tub Code; the 2001 California Building Code; California, Mechanical Code, and California Plumbing Code; the 2004 California Electrical Code; Newport Beach Excavation and Grading Code; Newport Beach Flood Damage Protection; and the Newport Beach Construction Site Fencing and Screening. Additionally, Title 15 includes regulations for Earthquake Hazard Reduction in Existing Buildings, Sign Code, House Moving, Abatement of Substandard Buildings, Undergrounding of Utilities, Fair Share Traffic Contribution, Traffic Phasing, Major Thoroughfare and Bridge Fee Program, Development Agreements, Flood Damage Protection, Methane Gas Mitigation, Wireless Telecommunications Facilities, and Santa Heights Redevelopment. The City applies the most recently updated codes by state, federal, and professional organizations. The Fair Share Traffic Contribution ordinance and accompanying resolution determine the total unfunded cost of completing the City's Circulation Element and allocate this cost to future development based on traffic generation rates. Newport Beach General Plan " Imolementation Proaram Programs Imp 7.1 Review Building and Construction Code for Consistency with General Plan General Plan policies largely mimic the provisions of the City's Building and Construction Code (Title 15), particularly those addressing public safety. As the General Plan specifies many new policies pertaining to the design and development character of many land use districts, the Code should be reviewed to assure that these are fully addressed. In addition, as the General Plan provides for the development of high-rise multi -family residential, the Code should also be reviewed for its adequacy in consideration of the policies for such building types in the Airport Area. The City should also consider revisions of Title 15 to foster the use of `green -building" techniques that have not been traditionally used in the City, as well as other appropriate revisions to achieve the Plan's policy objectives. Imp 7.2 Revise Fair Share Traffic Contribution Ordinance The updated Circulation Element will require revisions of the City's Fair Share Traffic Contribution Ordinance, Chapter 15.38, for consistency, with periodic updates as necessary for funding consideration changes (including the implications of regional improvements such as those contained in the Orange County Master Plan of Arterial Highways and the traffic contribution of adjacent cities such as Irvine, Huntington Beach, Costa Mesa, and Laguna Beach). This ordinance and accompanying resolution determine the total unfunded cost of completing the City's Circulation Element and allocate this cost to future development based on traffic generation rates. Imp 7.3 Review and Update Transportation Demand Ordinance The Transportation Demand Management (TDM) Ordinance should be periodically reviewed and updated to address the needs of new development types and land use mixes, especially as mixed use development is implemented in areas such as Newport Center and the Airport Area. 8. OTHER CODES AND ORDINANCES Overview General Plan policies are also implemented through a diversity of other codes and ordinances of the City of Newport Beach. Relevant sections of the Municipal Code may include, but are not limited to, the following: ■ Title 6, Health and Sanitation ■ Title 9. Fire Code ■ Title 10, Offenses and Nuisances ■ Title 11, Recreational Activities ■ Title 12, Vehicles and Traffic ■ Title 13, Streets, Sidewalks, and Public Properties ■ Title 17, Anchorage and Mooring Regulations Newport Beach General Plan i3 IIi1'i7 '[TToTii�iiGTit•• • � . u Programs Imp 8.1 Review Codes and Ordinances for Consistency with the General Plan and Update Periodically On adoption of the General Plan, relevant codes and ordinances of the City shall be reviewed for their consistency and revisions prepared where necessary. These shall be updated periodically to reflect state-of-the-art practices and technologies. Representative of the issues addressed by General Plan policy that should be reviewed are the following: a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental protection, and impacts on the public, waterfront owners/lessees, and adjoining properties b. Regulation and transfer of mooring permit applications and titles c. Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual impacts d. Standards and policies specified by the Noise Element to protect sensitive noise receptors, residents and businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries, special events, charter and entertainment boats, and similar sources Imp 8.2 Prepare New Codes, Ordinances, and Guidelines The updated General Plan shall be reviewed and evaluated for the need to adopt new codes and ordinances that implement its policies and standards. Among those that may be considered for their appropriateness are the following a. A "commercial -residential' interface ordinance that regulates use, activity, and design of commercial properties located on shallow parcels directly abutting residential neighborhoods b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to assure that they complement the character of existing development; these may be applied to specific neighborhoods or citywide c. An ordinance or guidelines for the preservation of historic buildings and/or properties; this shall be developed in consideration of guidelines published by the State Historic Preservation Office d. An ordinance managing parking in commercial and mixed-use corridors and districts characterized by deficient parking; this may provide for the establishment of parking districts in which new parking may be developed in public or private shared facilities or structures or other facilities, as well as procedures for the funding of these improvements 9. CITY COUNCIL POLICY MANUAL Overview Many regulatory policies established by the City Council are adopted by ordinance and included in the Municipal Code. However, other policies also are established which by their nature do not require adoption by ordinance. These policy statements adopted by resolution of the City Council are Newport Beach General Plan Imolementation Proaram consolidated within the Newport Beach City Council Policy Manual. This Manual contains numerous polices that establish rules and guidelines for City administration, planning, public works and utilities, environmental protection, city services, and coastal activities. These policies help to guide residents and city staff in the direction that Council will take on certain matters. City Council Policies are set at Council Meetings and are reviewed annually. Programs Imp 9.1 Review City Council Policy Manual for Consistency with the General Plan The City Council Policy Manual shall be reviewed to assure that its policies are consistent with the updated General Plan. 10. DATABASE MANAGEMENT AND DEVELOPMENT e e e7C4IRew_\►1071WIIII[s7SolIIr 7 Overview Among the responsibilities of the City's Management Information Systems (MIS) Division is the maintenance of a centralized database development and support system. This is supplemented by the development and maintenance of data by individual City departments. This includes the Geographic Information System (GIS) that allows data to be connected to all parcels in the City, facilitating analysis and display of information geographically. Tracking new development as it is approved will enable the City, property owners, and the public to easily and quickly know how much development potential remains for a property or an area. Incorporation of the data base in GIS format on the city's web page would facilitate public access and review. In addition, adoption and voter approval of the updated General Plan will modify the development capacities in the City, and these will be used as the basis for the review of project applications and determination of the need for voter approval pursuant to Charter Section 423. Programs Imp 10.1 Maintain Up -to -Date Comprehensive Database Data that is likely to change over a comparatively short time period, such as built land use and traffic should be updated on a continuing basis, while data that is stable, such as seismic hazard zones, can be updated on a less frequent basis. In its annual budgeting process, priority should be placed on expenditures for the compilation of data that informs the City's development decisions, public works improvements, services, and programs. Imp 10.2 Maintain Development Tracking and Monitoring Program As new development is approved and implemented, the number of dwelling units and building area of non-residential development should be tracked to enable the City to inform property owners, developers, and decision -makers regarding the amount of remaining development capacity for ®Newport Beach General Plan 15 I1i1'i7 '[TToTii�iiGTit■• • � . u pertinent Statistical Areas and individual parcels. This will facilitate the City's compliance with the development thresholds and limits required by Charter Section 423. 11. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Overview Chapter 20.90.050 of the Newport Beach Municipal Code requires that a project that is not exempt from the California Environmental Quality Act (CEQA) shall be reviewed and either a Negative Declaration or an Environmental Impact Report (EIR) shall be prepared. The City's Implementation Procedures for CEQA are presented in the City Council Policy Manual, Policy "K.3." These specify the activities that are subject to, not subject to, and exempt from CEQA; content and procedures for Initial Studies, Negative Declarations, and Environmental Impact Reports; processes for consultant assistance in the preparation of environmental studies and documents; fees for CEQA processing; and authorities of the Planning Director. In conformance with CEQA requirements, a "Program" EIR was prepared and certified for the updated City of Newport Beach General Plan. Some of the provisions that might have been defined as mitigation measures have been incorporated as policies of the General Plan, so that the requirements are specified in one document. The Program EIR is written to the level of specificity of the General Plan's Land Use Plan's goals, policies, and programs. It may serve as a reference in the preparation of CEQA-required environmental documents for implementation of the General Plan, subsequent Specific Plans, Precise Plans, capital improvements, and other actions that are consistent with the General Plan. Programs Imp 11.1 CEQA Review Development and Entitlement Applications Applications for entitlement and development in the City of Newport Beach shall be subject to review in accordance with the City Council Policy Manual Implementation Measures for CEQA. Environmental analyses shall include assessment of the project's consistency with General Plan policies pertaining to each environmental topic under discussion. To the extent permitted by state law and court decisions, the General Plan Program FIR can be used as citywide framework from which project EIRs can be tiered. The Program EIR shall not be used for any project that is more intense than, or inconsistent, with the General Plan. 12. FISCAL IMPACT ANALYSIS Overview A Fiscal Impact Model has been developed that documents the balance of costs of public services and revenues to be derived resulting from the mix of land uses permitted by the General Plan. These are assigned to each category of land use, single family residential, multi -family residential, retail Newport Beach General Plan Imolementation Proaram commercial, and office development, for example. As the analyses conclude, the mix of uses is highly inter -related and the fiscal benefits of individual land uses cannot be considered independently. Programs Imp 12.1 Evaluate Fiscal Benefits of Development Proposals and Annexations Significant development projects and General Plan Amendments shall be evaluated for their net fiscal impacts on the City of Newport Beach. This will use the Fiscal Impact Model developed for the General Plan and identify all costs for public services and revenues to be derived. The City shall decide the type, scale, and mix of uses that shall be subject to fiscal review. Imp 12.2 Maintain and Update Fiscal Impact Model To ensure that the Fiscal Impact Model continues to be a useful tool for evaluating development proposals, annexations, and related actions, the City should maintain and regularly update the base information in the model. 13. DEVELOPMENT AGREEMENTS Overview In accordance with Chapter 15.45 of the Newport Beach Municipal Code, development agreements may be prepared as contractual agreements between the City and developers to provide assurances to each parry regarding the uses to be entitled, rules of development, and public benefits of the development project. The Code stipulates that a development agreement specify the duration of the agreement, permitted uses of the property, density or intensity of use, maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes, if required. The agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions and may specify the riming and phasing of construction. The uses and development standards specified by a development agreement must be consistent with the General Plan and/or, where appropriate, Specific Plan and Local Coastal Program. Programs Imp 13.1 Process Development Agreements For new master planned residential communities and large scale commercial and mixed-use projects, the City and project developers may elect to enter into a development agreement. Such a tool may be useful in guiding development that may be permitted on Banning Ranch if not acquired as open space, development of residential villages within the Airport Area, and the integration of multiple uses in West Newport Mesa. Development Agreements shall be required for housing developed as additive infill on surface parking lots in the Airport Area and the additional entitlement of 450 housing units in Newport Center and shall specify the public benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. Newport Beach General Plan 2� I1i1'i7 '[TToTii�iiGTit■• • � . u Governance The Governance portion of the General Plan Implementation Program describes the institutional processes through which key policy decisions related to land use development, capital improvements, and resource conservation will be made and carried out. 14. INTERAGENCY COORDINATION Overview Implementation of the General Plan's goals and policies requires the cooperation and coordination of the City with a diversity of local, state, and federal agencies and private and semi -private institutions. The following summarizes many of the interagency coordination procedures directly related to the General Plan's policies that are currently being carried out or anticipated in the short-term. These will be supplemented by other ongoing programs and new strategies that will be defined during the life span of the General Plan's implementation. Programs Imp 14.1 Adjoining Cities The City of Newport Beach has established "borders committees" to collaborate with the cities of Irvine, Huntington Beach, and Costa Mesa to address planning, development, transportation, and other issues that jointly impact the communities. Newport Beach will also work with surrounding jurisdictions and agencies to coordinate and test emergency preparedness and response plans. Imp 14.2 Coordinate with School Districts The City of Newport Beach and the school districts serving the City, including the Newport -Mesa Unified School District, Santa Ana Unified School District, and Laguna Unified School District, shall work together on the identification and acquisition of potential school sites and expansion of existing facilities; monitoring and management of traffic conditions at school locations; CEQA-required documentation for residential projects; and joint -use agreements for public recreational uses of school properties. Imp 14.3 Coordinate with Orange County The City of Newport Beach and Orange County should continue to collaborate in numerous programs affecting land use and development, affordable housing, transportation, infrastructure, resource conservation, environmental quality, management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans. Imp 14.4 Coordinate with Orange County Transportation Authority (OCTA) The Orange County Transportation Authority (OCTA) is a multi -modal transportation agency serving Orange County. It is responsible for countywide bus and paratransit service, Metrolink commuter rail Newport Beach General Plan IF Imolementation Proaram service, the 91 Express Lanes toll facility, freeway, street and road improvement projects, motorist aid services, and regulation of taxi operations. Through the adopted Measure M, a voter -approved half - cent sales tax for transportation improvements, OCTA allocates funding for specific transportation improvement projects in three major areas—freeways, streets, roads and transit. OCTA also secures funding for regional and local agencies from state and federal agencies. The City of Newport Beach will implement General Plan policies by doing the following: ■ Working with OCTA to support the implementation of needed regional Master Plan improvements that will benefit mobility within the City ■ Soliciting funding from OCTA for local transportation, transit, parking, bikeway, and other related improvements as such revenues are available in the future ■ Periodically reviewing the adequacy of transit service in Newport Beach and coordinating with OCTA to provide transit support facilities including park-and-ride lots, bus stops, shelters, and related facilities ■ Coordinating with OCTA to establish or modify bus stop locations to provide adequate access to local residents and to destinations for external uses, as well as efficient and safe traffic operations ■ Requesting the OCTA to assess the need for the expansion of fixed -route service and efficient transportation to future transportation facilities ■ Coordinating with OCTA to provide expanded summertime bus and/or shuttle service to reduce visitor traffic ■ Coordinating with OCTA to provide programs to issue monthly bus passes locally and provide special programs for subsidizing passes for the disadvantaged Imp 14.5 State of California Department of Housing and Community Development The California Department of Housing and Community Development (HCD) is responsible for the certification of Newport Beach's Housing Element (see Development Management System above). Each five years, the City shall update the Element based on input received from the HCD and regional agency (Southern California Association of Governments) regarding the City's "fair share" of regional housing demand. The focus of the update will be on the provision of adequate sites and programs for affordable housing. Imp 14.6 Coordinate with California Coastal Commission The California Coastal Commission is responsible for the implementation of the California Coastal Act of 1976. As described above (Development Management System), the City's Local Coastal Program's (LCP) Land Use Plan (CLUP) had been certified at the time of the adoption of the updated General Plan. The City shall work with the Coastal Commission to amend the CLUP to be consistent with the General Plan and pursue certification of the Implementation Plan. The City shall ensure that on certification, applications for development shall be reviewed by the City for consistency with the certified LCP and California CoastalAct of 1976. Newport Beach General Plan q I1i1'i7 '[TToTii�iiGTit■• • � u Imp 14.7 Coordinate with the California Resources Agency, Department of Fish and Game The California Resources Agency Department of Fish and Game is responsible for the maintenance of native fish, wildlife, plant species, and natural communities for their intrinsic and ecological value. This includes habitat protection and maintenance in a sufficient amount and quality to ensure the survival of all species and natural communities. The Department is also responsible for the issuance of permits for lake and streambed alterations, incidental takes of state -listed species, in accordance with the California Endangered SpedesArt, and near -shore fishery activity. Implementation of the General Plan's policies for natural resource protection shall be achieved through the City's consultation with the DFG in the review of projects that may impact terrestrial and marine resources and identification of resource protection and impact mitigation measures, including support for the DFG's efforts for habitat acquisition and restoration on Banning Ranch. The City shall cooperate with the DFG and other agencies in implementing the eel grass restoration of Newport Bay and programs for the protection and management of upper Newport Bay, including the Newport Beach Marine Refuge, Irvine Coast Marine Life Conservation Areas, and Upper Newport Bay State Marine Park. Imp 14.8 Coordinate with the California Department of Parks and Recreation The California Department of Parks and Recreation is responsible for the management of state parks and beaches under its jurisdiction. In Newport Beach, this includes Corona del Mar State Beach and Crystal Cove State Park. Cooperate in maintaining and expanding, where appropriate, recreational opportunities along the coast and marine recreation related facilities. Imp 14.9 Coordinate with the California Department of Transportation The California Department of Transportation (Caltrans) is responsible for the planning, construction, and maintenance of state highways and freeways, including SR 73 and Newport Boulevard (SR 55) between Finley Avenue and the City boundary. Coast Highway in Newport Beach, excluding the portion from Newport Coast Drive to Jamboree Road, is currently a state highway and Caltrans maintains authority over its right-of-way and standards for improvements. The General Plan recommends that the City discuss and negotiate with Caltrans for the relinquishment of Coast Highway through the City as a State Highway and begin these discussions at the earliest possible time. Imp 14.10 Transportation Corridor Agencies (TCA) The Transportation Corridor Agency (TCA) oversees the San Joaquin Hills (SR -73) Toll Road. It is governed by a Board of Directors made up of elected officials from cities and county districts that are adjacent to the toll roads, whom are appointed by the respective cities. The San Joaquin Hills Toll Road was built as a state highway, owned and maintained by Caltrans and the TCA is responsible for public oversight, toll policies, operations, and financing. The City shall coordinate its local roadway improvements that impact and are impacted by the Toll Road with the TCA. Imp 14.11 California Public Utilities Commission The California Public Utilities Commission (PUC) regulates privately owned telecommunications, electric, natural gas, water, railroad, rail transit, and passenger transportation companies. Among its Newport Beach General Plan W molementation Proaram responsibilities is the coordination of funding for the undergrounding of overhead utilities. Newport Beach shall work with the PUC in obtaining funding and implementing the undergrounding of remaining overhead utilities. Imp 14.12 Coordinate with United States Army Corps of Engineers Among its responsibilities, the United States Army Corps of Engineers (USAGE) is responsible for the protection of water resources, habitat, and hydrological processes in the "navigable waters" of the United States. This encompasses wetlands, in addition to Newport Harbor and Bay. Implementation of the General Plan's policies for natural resource protection shall be achieved through the City's support of programs of the USACE, with other agencies, in the restoration of wetlands and other habitat on Banning Ranch. The City shall cooperate with the USACE and other agencies in implementing the eel grass restoration of Newport Bay and programs for the protection and management of upper Newport Bay, including the Newport Beach Marine Conservation Area, Irvine Coast Marine Life Refuge, and Upper Newport Bay State Marine Park. In addition, the City shall coordinate with USACE in the maintenance and delineation of federal navigational channels for navigation and safety in Newport Harbor and securing and funding sediment disposal sites for future dredging projects. Imp 14.13 Coordinate with United States Fish and Wildlife Service The US Fish and Wildlife Service (USFWS) is responsible for conserving, protecting, and enhancing fish, wildlife, and plants and habitats that are subject to federal jurisdictional authority within Newport Beach. The City shall cooperate with the USFWS, in collaboration with other resource agencies, in the protection of terrestrial and marine resources including wetlands and other important habitats on Banning Ranch and supporting and implementing management of the Upper Newport Bay State Marine Park and marine life refuges off shore of Corona del Mar and Newport Coast. Imp 14.14 Coordinate with Environmental Protection Agency The US Environmental Protection Agency (EPA) is responsible for protecting human health and the environment. Other responsibilities include developing and enforcing regulations that implement environmental laws enacted by Congress; cooperating with the US EPA, in collaboration with other resource agencies, in the protection of terrestrial and marine resources; and working with the EPA to secure sediment disposal sites for future dredging projects. Imp 14.15 Coordinate with United States Postal Service The United States Postal Service (USPS) maintains a distribution facility in Mariner's Mile. Newport Beach should work with the USPS for the possible relocation of this postal distribution facility to enable its reuse for parking or retail activity. The City should assist in the identification of potential alternative sites that are accessible to residents and do not adversely impact neighborhood character. Imp 14.16 Other Agencies. There are numerous other agencies that have jurisdiction and/or are involved in the development, capital improvement, and conservation programs of the City of Newport Beach. The following lists some of these key agencies: Newport Beach General Plan 22 ire 'Ti7[7ToTilFifrorom • S u ■ Energy and telecommunications service providers such as Southern California Edison Company and Southern California Gas Company ■ Santa Ana Regional Water Quality Control Board ■ Metropolitan Water District ■ South Coast Air Quality Management District ■ Southern California Association of Governments ■ California State Parks ■ National Marine Fisheries Service 15. ANNEXATION Overview Lands may be annexed into the City of Newport Beach with the approval of the Local Agency Formation Commission (LAFCO) and registered voters within the area to be annexed or property owners, based on land valuation, where there are no residents. During the approval process the City must identify its intended zoning for the area, which must be consistent with the General Plan; review of the environmental impacts of annexation; identify the costs and adequacy of government services; evaluate the ability of the City to provide the services to the annexed area and sufficiency of revenue demonstrated; and establish a program and compensation defined for the transfer of existing facilities, such as parks and libraries, and capital improvements from the County to the City. A fiscal impact study should be conducted for any proposed annexation that identifies all costs of services, the revenue to be derived, and the net effect on the City's overall fiscal balance. In practice, this will be accomplished through the Fiscal Impact Model developed for the General Plan update. Unincorporated lands within Newport Beach's sphere of influence should be considered for annexation. Programs Imp 15.1 Encourage Annexation of Banning Ranch Prior to Development The City shall work with the property owners to reach agreement on development of the property (if it is not acquired as open space) with City approvals and its annexation into Newport Beach prior to development, to assure that development is consistent with the goals and policies of the General Plan. Public Infrastructure Plans A diversity of public and quasi -public agencies is responsible for the provision of infrastructure and services for Newport Beach's residents and businesses. These include agencies both under the jurisdiction and independent of the City. Each is responsible for the planning and funding of improvements to assure that existing and projected future needs of Newport Beach's residents are Newport Beach General Plan molementation Proaram met. The General Plan provides information to each agency regarding the City's intended distribution and density/intensity of future growth that should serve as the basis for the updating of Public Improvement Plans that specify the type, amount, cost, and phasing of public improvements and facilities necessary to support future population and employment development. 16. MOBILITY INFRASTRUCTURE AND TRAFFIC MANAGEMENT Overview The City's Department of Public Works is responsible for the planning, engineering, and improvement of streets throughout the City, except the portions of Coast Highway and Newport Boulevard that are designated State Highways, State Route 73, and streets within gated residential communities. It is anticipated that the City will assume responsibility for Coast Highway in the future. Required improvements are reviewed annually, prioritized, and funded by the City's Capital Improvement Program (CIP). Programs Imp 16.1 Improve Arterial Streets and Highways According to Classification The City shall take the necessary actions to obtain the required right-of-way to provide the ultimate cross sections for each type of roadway classification designated in the General Plan when adjacent land development occurs. Imp 16.2 Monitor Traffic Conditions and Plan for and Fund Improvements The City shall monitor, design and manage roadway conditions and maintain streets. Periodically, the City shall conduct traffic counts at key intersections and roadways (average daily traffic counts and peak hour intersection counts). The City shall strive to maintain Level of Service "D" as specified in General Plan policies. Street improvements in the City's Capital Improvement Program shall be reviewed and updated regularly to meet and maintain the adopted traffic level of service standards and be consistent with Measure M and State Congestion Management Program requirements. Imp 16.3 Construct Street and Highway Improvements The City shall construct necessary improvements to street intersections to attain acceptable Levels of Service, as defined in the Circulation Element. These shall be implemented as needed based on the list of impacted intersections included in the General Plan EIR, and also in accordance with development project traffic impact studies. Intersections with improvements necessary for buildout conditions are delineated on Figure CE -3 of the Circulation Element. Imp 16.4 Monitor Roadway Conditions and Operational Systems The City shall monitor and maintain City streets and thoroughfares. The City shall develop and follow a schedule for periodic review of City streets with respect to pavement, signage, signalization, and Newport Beach General Plan 23 ire 'Ti7[TToTiiFifGTim • O u comparable elements. If inadequacies are found, the City will perform or contract with a consultant to perform maintenance of roadway features. Imp 16.5 Maintain Consistency with Regional Jurisdictions The City shall maintain consistency with regional jurisdictions (Caltrans, Orange County) to provide adequate facilities including roadway infrastructure plans and design standards. The City shall work with regional jurisdictions to modify regional plans (such as the Orange County Master Plan of Arterial Highways) so that they are consistent with City plans. The City will also periodically review City standards to ensure they remain up-to-date and consistent with regional standards as new standards are adopted. Imp 16.6 Local/Neighborhood Access Roads The City shall undertake studies of residential neighborhoods on a case by case basis to identify local circulation patterns and principal access points in order to assess the opportunities and needs to restrict, divert, or mitigate arterial traffic intrusion. Such studies should include an assessment of the traffic impacts on the entire neighborhood and the participation of neighborhood residents to prepare a consensus plan of neighborhood traffic control. In addition, the City shall maintain standards that ensure safe and efficient access for emergency vehicles to residential, commercial, and industrial areas. Imp 16.7 Traffic Control Traffic congestion shall be reduced through reasonable methods utilizing conventional and innovative methods for traffic control. Traffic signal timing standards, in addition to serving drivers, should adequately provide for pedestrian crossings. Traffic signal interconnect systems shall be maintained and upgraded to efficiently coordinate and control traffic flows on arterial streets. The City shall identify and incorporate intelligent transportation systems as a logical method to improve peak hour traffic flow. The special issue of summertime traffic should be monitored and evaluated periodically. The City should continue to evaluate and implement, if appropriate, summertime traffic control measures and/o alternative transportation modes to reduce the impact of high volume summer traffic. Imp 16.8 Provide Public Transportation The City shall continue to operate local demand -responsive transit service within the City to ensure mobility and accessibility for the City's citizens, especially the elderly. The City shall also work with the Orange County Transportation Authority for countywide bus service that will guarantee regional and local travel options. The City should encourage the development of additional public transportation services and facilities such as park-and-ride facilities, and look for opportunities to support the upgrade and enhancement of existing services. Imp 16.9 Manage Truck Operations Maintain and enforce a system of truck routes on specified arterial streets to control trucking and delivery operations within the City. Periodically review the truck route system and make changes as required to ensure that it adequately serves the City and protects areas of the City from truck traffic intrusion. Work with regional agencies as they continue to assess goods movement in Orange County. Newport Beach General Plan Imolementation Proaram Imp 16.10 Improve Parking Supply and Management Parking Management Programs shall be considered for commercial and residential areas of the City with inadequate parking, such as Corona del Mar and the Balboa Peninsula. This may consider the development of public parking lots or structures, street parking permitting, valet programs, and similar techniques as feasible. Existing public parking lots should be evaluated for their accessibility, utilization, and proximity to the uses they support. Possible relocation should be considered where they do not effectively support surrounding land uses. Funding for public parking facilities may be derived from the establishment of parking districts, supported by local businesses and organizations, including Business Improvement Districts. In -lieu fee programs shall be considered to fund the development of public parking. The City shall work with commercial, office, and institutional property owners to encourage the use of parking areas on weekends and holidays in conjunction with transit services. Imp 16.11 Maintain Trails Newport Beach should continue to develop and maintain non -motorized transportation systems as a viable alternative to vehicular travel and to help satisfy local recreational needs, and should include trails and facilities that traverse the citywide area. A system of route designations for bicycles, equestrians, and pedestrians, as well as support facilities shall be maintained in cooperation with adjacent jurisdictions, where appropriate. Imp 16.12 Marine Transportation The City shall conduct a study to evaluate the feasibility of marine transportation services as a supplement to automobile use. Marine transportation docking, buildings, and support facilities such as parking throughout the coastal areas of the City shall be evaluated and modified as necessary and feasible to coordinate with the surrounding transportation system. 17. WATER Overview Water service in the City of Newport Beach is provided by the City, Irvine Ranch Water District, and Mesa Consolidated Water District. Each agency maintains master plans for services, facilities, maintenance, and improvements necessary to support existing and projected population growth and development. Conservation practices and requirements to meet regional, state, and federal water quality regulations are included within the respective plans. Each agency maintains a capital improvements program for the provision of water system improvements, special projects, and ongoing maintenance. Water demands are monitored and periodically the plans are updated to account for any service issues and regulatory changes. ®Newport Beach General Plan 2.5 IIi1'i7 '[TToTii�iiGTit■• • � . u Programs Imp 17.1 Maintain and Implement Urban Water Management Plans and Encourage Conservation Information regarding the General Plan's development capacities shall be forwarded by the City to the Irvine Ranch Water District and Mesa Consolidated Water District as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. Required facility improvements shall be budgeted by each agency, including, where appropriate, the City's five year and annual Capital Improvement Programs. Strategies to promote the conservation of water should be periodically reviewed for their effectiveness and updated in the plans to reflect best management practices. These may include tiered rates, the use of recycled water, incentives for on-site capture and retention of rainwater in private development, and comparable techniques. In addition, the water agencies should consider the potential use of alternative water sources for the water supply by implementation of advanced water treatment processes, when feasible. 18. SEWER Overview Sanitation service and sewerage in the City of Newport Beach are provided by the City, Irvine Ranch Water District (IRWD), and Costa Mesa Sanitation District (CMSD). Each agency maintains master plans for services, collection and treatment facilities, maintenance, and improvements necessary to support existing and projected population growth and development. Wastewater from these service areas, as well as greater Orange County, is collected, treated, and disposed by the Orange County Sanitation District (OCSD). Programs Imp 18.1 Maintain and Implement Sewer Master Plan Information regarding the General Plan's development capacities shall be forwarded to the IRWD, CMSD, and OCSD as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. These master plans should review the adequacy of facilities in areas in which new growth or substantive changes in use are targeted. Required facility improvements shall be defined and budgeted by the respective agencies, including the City's five year and annual Capital Improvement Programs. 19. STORM DRAINAGE Overview Storm drainage systems in the City of Newport Beach are maintained by the City, Orange County, and local community associations. In general, the County is responsible for maintaining the regional flood Newport Beach General Plan Imolementation Proaram control system, while the City is responsible for local improvements, excepting Newport Coast. Drainage improvements are coordinated between the City's Public Works Department and County's Public Resources and Facilities Department. Each maintains master and capital improvement plans for storm drainage improvements, special projects, and ongoing maintenance. These must also conform to regional, state, and federal regulatory requirements, including controls of the discharge from municipal storm sewer systems. Programs Imp 19.1 Maintain Storm Drainage Facilities The City and County shall periodically review their Storm Drain Master Plans to assure that adequate facilities are provided to serve permitted development and to comply with National Pollutant Discharge Elimination System (NPDES) requirements. 20. PUBLIC STREETSCAPE IMPROVEMENT PLANS Overview The City has completed streetscape improvements for Balboa Village and Corona del Mar, including street trees and plantings, medians, decorative paving materials, lighting, and benches. Specific Plans for other areas and General Plan policies provide for the implementation of additional streetscape improvements. Programs Imp 20.1 Design, Fund, and Construct Streetscape Improvements For areas designated by the General Plan to achieve an active pedestrian environment or improvement of their image and quality, design plans and financing plans should be prepared for the appropriate streetscape improvements. These may include the Airport area's residential villages, Mariner's Mile, West Newport Mesa, and West Newport (highway), as well as a comprehensive plan for Balboa Peninsula that links its districts along Newport/Balboa Boulevard from Lido Village to Balboa Village. Where the public streetscapes are integral to new residential and mixed-use neighborhoods, their implementation shall be the responsibility of private developers, in conformance with legislative nexus requirements. For other areas, funding may be derived from fees imposed by a local business improvement district, capital improvement funds, and other sources. Imp 20.2 Design, Fund, and Construct Waterfront Promenade The planned waterfront promenade on Newport Harbor should he designed, sources of funding identified, and constructed as feasible. Where private properties are redeveloped, promenade improvements shall be integrated with the new construction and be the responsibility of the developer. Newport Beach General Plan I1i1'i7 '[TToTii�iiGTi>■• • � u Imp 20.3 Fund and Construct Public View Sites The City shall develop a plan for the development of public view sites and amenities specified by Policies NR 20.3 and 20.5. The location, types, and of improvements and a financing plan shall be specified, which may include such elements as observation decks or plazas, benches, markers and signage, telescopes, lighting, and landscape. 21. HARBOR RESOURCES PLANNING AND MANAGEMENT Overview The City's Harbor Resources Division is responsible for tidelands administration including management of pier and mooring permits, harbor dredging, pumpout stations, Balboa and Corona Del Mar parking lots, Marine Life Refuge, Balboa Yacht Basin, harbor debris pickup, and mooring liiveaboards. Programs Imp 21.1 Review and Update Harbor and Tidelands Improvement Plans The Harbor Resources Division shall review its goals and policies to assure that the plans, proposed improvements, and operations for the Harbor and tidelands are consistent. Imp 21.2 Develop Harbor Area Management Plan Develop a harbor area management plan (RAMP) that provides a comprehensive approach to the management of Newport Bay's resources, including restoration of marine habitats such as kelp beds and fisheries, and boat anchorages, marinas, and other development activities. Improvements in the Harbor shall be located and designed to facilitate boating and other coastal recreational activities, while protecting important marine habitats, prevent water pollution, maintain the Harbor's hydrologic functions, protect coastal landforms and dunes, minimize sand transport, and be compatible with adjoining residential neighborhoods. This will require coordination with the Orange County Harbors, Beaches, and Parks Department and Harbor Patrol Division and U.S. Army Corps of Engineers relative to their respective jurisdictions. Among the improvements that shall be considered is the identification of an area that can support Harbor maintenance facilities and equipment. This shall be coordinated with the Orange County Harbor Patrol Division, California Coastal Commission, and other jurisdictional agencies. In addition, the Division shall review procedures for the transfer of mooring titles to assure their equitable use. Imp 21.3 Events Management and Programs The City shall continue to coordinate Harbor event planning in collaboration with the Harbor Commission and Orange County Harbor Patrol. Special operating standards shall be established for the Christmas Boat Parade and other activities that are seasonal, recurring, and unique to the Harbor, Newport Beach General Plan W molementation Proaram but which may require special controls on access, parking, noise, and other factors to minimize impacts on residential and other users. The City shall review the need to require vendors to provide a safety program that educates boaters and property owners on safe boating and berthing practices. The program could be integrated with permit/lease enforcement to protect the public health and safety and the rights of other users and owners/lessees. The City shall continue to work with various community and business associations such as the Balboa Village Merchants and Owners Association, Mariner's Mile Business Owners Association, and the Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of the patrons of sportfishing boats, passengers and sightseeing vessels, and boat rentals. Imp 21.4 Harbor Operations and Management The City shall prepare and fund a joint City/County study that will evaluate the costs and efficiency of current services provided by the City and County in Newport Harbor and opportunities to realign these to reduce costs. Public Service Facility Plans Agencies responsible for the provision of public services for Newport Beach's residents and businesses shall maintain plans and fund improvements to assure that they adequately meet existing and projected future needs. The Public Facilities Plans shall specify the type, amount, cost, and phasing of public improvements and facilities that will support existing land uses and growth accommodated by the updated General Plan. 22. POLICE AND FIRE Overview The Newport Beach Police and Fire Departments provide public safety services to the City's residents, business, and visitors. Until such time that Banning Ranch may be annexed, police and fire services will be primarily provided by the Orange County Sheriff's Department and Orange County Fire Authority respectively, although the City will continue to provide response services through established mutual aid agreements. Programs Imp 22.1 Maintain and Enhance Police and Fire Facilities The City of Newport Beach Police and Fire Departments shall maintain, periodically update, and implement their plans for facilities, equipment, and personnel to provide service to the community. On annexation of new areas, police and fire service responsibilities would be transferred to the City. The Police and Fire Departments shall monitor their operations, emergency response times, and number of incidents (rates of crime and fire calls) and periodically review the need to expand existing Newport Beach General Plan �9 ire 'Ti7[TToTiiFifIll • S u and/or construct new facilities to assure an acceptable level of service. Physical improvements shall be incorporated in the City's CIP. 23. PARKS AND RECREATION Overview The Newport Beach Recreation and Senior Services Department and General Services Department are responsible for the development and operation of public parks in the City of Newport Beach. These encompass parks, greenbelts, beaches, and community centers, as well as joint use of public school grounds. In addition, the county and state own and operate four recreational facilities in the City. The City collects fees and/or requires dedication of land for parks in accordance with the _Quimby Act, based on the standard of five acres of park for each 1,000 residents. The City oversees the development of new and improvement of existing parklands and facilities. The Recreation Element of the General Plan identifies specific needs for service areas throughout the City. Banning Ranch is the single largest property available for the development of a new park, should it be annexed to the City. In most other cases, new parklands will occur within the fabric of existing development. Programs Imp 23.1 Maintain and Update Parks and Recreation Facility Plans The City shall maintain, periodically update, and implement its plans for the development, operation, programming, and maintenance of its system of parks throughout the City. Resident recreational needs should be monitored on a continuing basis to correlate these with park facilities and recreational programs. Once each five years, the City should comprehensively review the status of its park system and assess the need for improvements, including new or renovated facilities. These shall be prioritized and a funding program defined for their implementation. Park users and the community shall be involved in identifying and prioritizing the improvements. Imp 23.2 Maintain and Improve Parks and Recreation Facilities Through the CIP and development approval process, the City shall implement the park improvements specified by the Recreation Element. Parks should be designed in consideration of their adjoining land uses, particularly to prevent impacts on residential neighborhoods due to lighting, noise, site access, and parking and minimize lighting impacts on any adjacent habitat areas. Facilities shall be designed and properties landscaped to complement the quality of the neighborhood in which they are located. Additionally, the City shall consider assisting Orange County with the management, operation, and maintenance of Upper Newport Bay Ecological Reserve, including the Peter and Mary Muth Center. Imp 23.3 Assess Recreation Needs Periodically, the City shall evaluate the recreation needs of Newport Beach's residents. Existing programs should be reviewed and scored according to their adequacy and programs desired by residents but not currently or inadequately provided should be identified. This may be accomplished Newport Beach General Plan RM 3 Imolementation Proaram through surveys of park users, homeowner organizations, and other residents. Results of the survey would be used defining future programs to be provided at local parks and beaches. Imp 23.4 Maintain Recreation Programs for Newport Beach's Residents Recreational programs will be provided to serve the needs of Newport Beach's residents as identified by the needs assessment and prioritized by the Parks, Beaches, and Recreation Commission. Periodically the City shall review and update as necessary its fees for recreation programs to assure that they are adequate to cover ongoing costs. This may include a comparative assessment of the fees imposed by other jurisdictions. Imp 23.5 Requirements for Residential Developers As new residential developments are approved, requirements for parkland dedication, improvements, or the provision of in -lieu fees in accordance with the park dedication (Quimby) ordinance shall continue to be implemented. Public Services and Programs Services to support the needs of the City of Newport Beach's residents, businesses, and visitors are provided by a diversity of City departments, other public agencies, and private organizations. The following summarizes the principal programs that implement the General Plan's policies. These do not encompass all of the programs that are administered by each department or agency, which may include other activities unrelated to the Plan's policies. Inherently, the scope of these programs will change often during the General Plan's implementation due to evolving needs and available funding. The list of programs in this section should be reviewed and updated regularly. 24. ECONOMIC DEVELOPMENT Overview The City of Newport Beach administers programs to promote economic activity within the City to maintain a healthy economy, provide revenue for high quality municipal services and infrastructure maintenance and improvements, and preserve the City's unique commercial villages. The City Council's policy states that these will serve the overriding purpose of protecting the quality of life of Newport Beach's residents, in recognition of the balance of economic development objectives with the protection of the environment and health and safety of the community. Priority improvement areas include Mariner's Mile, Corona del Mar, Balboa Village, West Coast Highway, Lido Village, Cannery Village, and McFadden Square. To achieve these, Council policy established the Economic Development Committee (EDC), which places a priority on cooperative relationships with the Chambers of Commerce, Conference and Visitors Bureau, Building Industry Association, Business Improvement Districts, other business groups, and individual business and property owners. Newport Beach General Plan 31 I1i1'i7 '[TToTii�iiGTit■• • � u Programs The economic development implementation actions below summarize the principal components of the Economic Strategic Plan prepared as a companion piece to the General Plan. The reader should refer to that document for more information. Imp 24.1 Adopt and Implement Strategic Plan for Fiscal and Economic Sustainability The Economic Development Committee should complete the Strategic Plan for Economic Sustainability for City Council approval. This plan should outline the incentives to be provided and other City actions to be undertaken to implement the goals and policies of the General Plan. This plan should be dynamic and reviewed and updated annually as a part of the City budget. 25. HOUSING PROGRAMS Overview Newport Beach's Planning Department administers a number of policies and programs identified in the Housing Element that promote the preservation, conservation, and improvement of housing within the community; support the development of a variety of housing for all economic segments; support the needs of special needs households and existing homeowners; preserve existing affordable housing; and support equal housing opportunities for all residents. Programs Imp 25.1 Implement Housing Element Programs As required by state law, the Housing Element includes a five-year action plan with programs for the City to meet its goals for housing conservation, development, affordability, and access. The City shall implement these programs and update its Housing Element as required by state law. 26. CODE ENFORCEMENT Overview The City of Newport Beach enforces Building and Zoning Ordinances to assure the protection and preservation of public health and safety, residential neighborhood character, and the overall quality of life for Newport Beach's residents. Programs Imp 26.1 Enforce Codes and Ordinances Newport Beach shall continue to administer health and safety, zoning, and other codes and ordinances that implement the General Plan While enforcement procedures normally occur on a complaint basis, the City may consider the appropriateness of pro -active inspection of areas of the Newport Beach General Plan Imolementation Proaram City in which there has been a high frequency of prior complaints. Among the purposes for which this may be initiated by the City are the removal of illegal signs and control of retail commercial, restaurant, entertainment, and comparable uses that directly abut residential neighborhoods. 27. PROPERTY MAINTENANCE AND ENHANCEMENT Overview While code enforcement is the primary tool used by the City to assure compliance of private property owners with Newport Beach's codes and regulations, there are a number of other programs directed at property maintenance and improvement. Programs Imp 27.1 Seismic Compliance The City shall support and encourage the seismic retrofitting and strengthening of essential facilities, especially facilities that have been constructed in areas subject to ground rupture, high levels of earth shaking, and tsunami. The retrofitting of unreinforced masonry buildings during remodels to minimize damage in the event of a seismic or geologic hazard shall continue to be required. 28. EMERGENCY PREPAREDNESS AND RESPONSE Overview The City of Newport Beach Police and Fire Departments maintain programs for emergency preparedness, response, and recovery. Programs Imp 28.1 Maintain Hazards Data Base The Police and Fire Departments shall maintain data bases regarding the type and occurrence of criminal activities and natural hazards (e.g., tsunami inundation, wildfire hazards, flooding, seismic, landslide, subsidence, and other) that may impact the City as the basis for the planning of facilities, personnel assignments, and emergency response programs. Imp 28.2 Maintain Emergency Preparedness, Response, and Recovery Programs The Police and Fire Department shall maintain, and periodically update, and implement their plans for emergency preparedness, response, and disaster recovery. This shall include cooperative and mutual aid agreements with adjoining jurisdictions, the County of Orange, and state and federal agencies and participation in disaster simulations. Newport Beach General Plan 33 I1i1'i7 '[TToTii�iiGTit■• • � . u 29. COMMUNITY INVOLVEMENT Overview Newport Beach provides opportunities for its residents and businesses to be engaged in its culture and life through education about community services, programs, and initiatives and participation in a diversity of community events. Additionally, numerous opportunities are provided for public input and advice in the City's decision-making processes through the diversity of appointed boards, commissions, and committees. Among these are the Board of Library Trustees; City Arts Commission; Civil Service Board; Parks, Beaches, and Recreation Commission; Planning Commission; Harbor Commission; Aviation Committee; Economic Development Committee; Coastal/Bay, Water Quality Citizens' Advisory Committee; Environmental Quality Affairs Citizen Advisory Committee; Newport Coast Advisory Committee; and, constituted for the purposes of the updated General Plan, the General Plan Advisory Committee. Additional committees may be formed for limited or extended time periods to address specific issues. These boards, commissions, and committees and City Council meetings provide opportunities for public input at any of their meetings, in conformance with state law. Programs Imp 29.1 Educate the Community The City shall continue to make information available to inform residents and businesses within the City regarding its services, programs, and key community issues. Representative of the range of information that may be presented include: land use zoning and development processes; development fees; code compliance; property and building maintenance and improvement techniques; financial assistance and affordable housing programs, public transportation; ride -sharing, energy conservation methods, waste reduction and recycling programs; hazards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural resources and their value; educational and cultural events and venues; parks and recreation, health and safety, and seniors and youth programs; and access to government services and elected officials. This information may be presented in flyers and newsletters that are distributed to households in the City, on the City's Web Page, by cable television broadcasts, in workshops with homeowners associations and business organizations; and general community presentations and workshops. Imp 29.2 Support of the Arts, Culture, and Historic Resources The City shall continue to work with the Arts Commission and local community groups and organizations to incorporate donated or privately funded arts elements and exhibits in public buildings and facilities such as City Hall and the Central Library. The City shall also work with local groups advocating for the preservation of historic sites and buildings. Procedures for the review of modification and/or demolition of these resources shall be defined. Imp 29.3 Support Community Environmental and Recreation Initiatives The City shall support private groups' efforts to (a) acquire properties and their development for the Orange Coast River Park including the potential acquisition of Newport Beach's westernmost parcel, currently developed as a mobile home park, to be completely or partially re -developed as a staging Newport Beach General Plan Imolementation Proaram area for the park; and (b) acquire Banning Ranch as open space and the restoration of its wetlands and habitats. Financing The financing strategy defines the sources and uses of funds for the public improvements and services described in the Public Improvement Plans and Public Services Programs. In addition to those defined herein, any development specific plan will incorporate a detailed financing plan as stipulated by state law. 30. MUNICIPAL BUDGETING Overview The General Fund is the portion of Newport Beach's operating budget that funds the majority of City services. This fund is used to account for fiscal resources which are dedicated to the general government operations of the City. Examples of the services funded by the General Fund include Police and Fire Services; Refuse Collection; Public Library; Recreation Programs; much of the City's expenditures on street maintenance; Planning and Building, and Engineering services; as well as the general administration of the City. In addition, many Capital Improvements are funded by the General Fund. The General Fund and its activities are primarily supported by property, sales, and transient occupancy taxes. In addition, the other revenue sources supporting General Fund activities include: Licenses, Fees and Permits; Intergovernmental Revenues; Charges for Services; Fines, Forfeitures and Penalties; Revenue from the Use of Money and Property; Contributions; and Other Miscellaneous Revenue. By far, the City's largest revenue source is property taxes. The second largest single revenue source is Sales Tax, followed by Transient Occupancy Tax. Programs Imp 30.1 Maintain Annual Budgets for City Services and Improvements The City shall annually budget for the provision of services to Newport Beach's residents and businesses. This shall define their costs, sources of revenue, and estimates of revenues to be received including any necessary changes in fees. As part of the budget, the City will adopt a Capital Improvement Plan (CIP) that provides funds for capital facilities including arterial highways; local streets; storm drains, bay and beach improvements; park and facility improvements; water and wastewater system improvements; and planning programs. Imp 30.2 Administer Impact and User Fees a. Development Impact Fees The City imposes fees on development projects to provide revenue for required supporting public infrastructure and services, and mitigation of transportation, environmental and other impacts in ®Newport Beach General Plan S5 I1i1'i7 ''[TToTiiiFiiGTi�• • � u accordance with state nexus legislation. This includes fees imposed for transportation improvements by the Fair Share Traffic Contribution Ordinance. For development projects that contain low and moderate income housing, the planning fees may be waived at the discretion of the City Council and Planning Commission. Development fees will be evaluated annually to ensure that they are sufficient to support new infrastructure and that the fiscal balance of the developing land use mix can sustain the City' ability to operate and maintain the existing infrastructure. b. Park Dedication and In -Lieu Fees The City requires dedication of land, payment of fees in -lieu thereof, or a combination of both for park or recreational purposes in conjunction with the approval of residential projects. In -lieu fees are placed in a fund earmarked for the provision or rehabilitation of park and recreation facilities that can serve the subdivision. The City's park fees shall be reviewed periodically for their adequacy and updated as necessary. c. Tideland Revenue Fees The City derives revenue from a diversity of activities conducted in the tidelands including moorings, public mannas, piers, entertainment boat permits, property leaseholds, and other uses. The feasibility of implementing longer term tideland leases with rental rates that reflect the nature and intensity of the permitted uses and activities and security for funding enhanced or expanded facilities should be studied. Tideland revenues shall be restricted for expenditures within the designated tidelands. 31 COMMUNITY FACILITIES AND SPECIAL ASSESSMENT DISTRICTS Overview Assessment districts are established for the funding of streets, water, sewerage, storm drainage, schools, parks, and other infrastructure and services required to support development. Costs are distributed and fees assessed on all development in the district. When applied to developed properties, a vote of the property owners is required for implementation. Actions Imp 31.1 Consider the Establishment of Community Facilities and Special Assessment Districts The establishment of new Community Facilities and Special Assessment Districts shall be considered as necessary to support new development in the City. This would most likely be limited to areas in which extensive redevelopment is projected and for large vacant parcels that may be developed. Respectively, these may include development of residential villages in the Airport Area and West Newport Mesa and a mixed-use community in Banning Ranch should it not be acquired as open space. Additionally, the City may form and implement Lighting and Landscape Districts as a means to improve community character and the undergrounding of utilities. Newport Beach General Plan Attachment No. PC 2 General Plan Annual Status Report: Part 1. General Plan Implementation Programs; and Part 2. Housing Element Annual Report 1 CITY OF NEWPORT BEACH GENERAL PLAN ANNUAL STATUS REPORT 2017 Calendar Year PART 1. GENERAL PLAN IMPLEMENTATION PROGRAMS Consistent with Government Code Section 65400 and General Plan Implementation Program Imp 1.3, the General Plan Annual Status Report was prepared using guidelines set forth by the California Office of Planning and Research and provides information for decision makers on the status of the General Plan and progress on implementation during the 2017 calendar year. The Newport Beach General Plan was adopted in November 2006 pursuant to guidelines provided in Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c). Included in the General Plan is an Implementation Program (Chapter 13) that includes specific programs to carry out the goals and policies of the General Plan. This report evaluates and provides the status of the General Plan provided organized by each implementation program. W 2 39 L"M STATUS 1.1 Ensure that Private Ongoing Development and Capital Improvements are 1. All private development projects require consistency with the General Plan. Consistency is Consistent ensured through application of zoning requirements. Discretionary applications require the with the General Plan adoption of a finding that the project is consistent with the General Plan based upon facts. 2. In June 2017, the City Council confirmed that the 2017-2018 Fiscal Year Capital Improvement Program (CIP) was consistent with the General Plan when it approved the CIP with the adoption of the budget. 1.2 Update and Revise the Ongoing General Plan to Reflect Changing Conditions and The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an Visions ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions. 1.3 Prepare Annual General Pending for 2017 Plan Progress and Housing Element Annual Report for 2016 was reviewed by City Council and submitted to OPR and HCD in April Implementation Reports 2017. 2.1 Amend the Zoning Code for Complete Consistency with the General Plan Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City Council in October 2010. 3.1 Preparation of New Specific Ongoing Plans Within the Airport Area, Uptown Newport and Koll Center also elected to do a Planned Community Development pursuant to Program 4.1. The streetscape improvements for West Newport and Balboa Village are intended to create a unified theme as public and private improvements are implemented in the area. 39 3 TASKS STATUS 4.1 New "Planned Community" Ongoing Development Plans 1. Uptown Newport — Approved February 2013, the Uptown Newport Planned Community (PC) was created (formally a part of the Koll Center Planned Community) to specifically serve as a zoning document for the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space. The Uptown Newport PC requires densities between 30 du/acre and 50 du/acre, consistent with the densities of the General Plan, and allows additional density opportunities with a density bonus. The construction of the first phase is underway with the building permits for the construction of 455 apartment units including 91 affordable units were issued in May 2017. 2. Koll Center Newport — Development of 260 for -sale condominium units. The application is currently under review by the City. 3. Back Bay Landing - A proposed integrated, mixed-use waterfront village on an approximately 7 -acre portion of a 31.5 -acre parcel located adjacent to the Upper Newport Bay in the City of Newport Beach. The proposed project involves land use amendments to provide the legislative framework for future development of the site, including a Planned Community Development Plan (PCDP) that provides the zoning regulations for the site. The requested approvals would provide for recreational and marine commercial retail, marine office, marine services, enclosed dry stack boat storage, and limited mixed-use structures with residential uses above the ground floor. The PCDP was adopted by the City Council on April 26, 2016. The project applicant anticipates submitting applications for Site Development Review and Coastal Development Permit for the actual development in late 2018. 40 M rW TASKS STATUS 5.1 Review and Revise Coastal Complete & Ongoing Land Use Plan for Consistency with the The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan General in 2009. Plan When the City approves an amendment of the General Plan that affects property in the coastal zone, the City prepares necessary amendments of the CLUP. The General Plan amendment is held in abeyance until the corresponding CLUP amendment is certified by the California Coastal Commission and accepted by the City Council. 6.1 Review the Subdivision Complete Ordinance for Consistency with the General Plan The Subdivision Code was updated in 2009 and 2010 to implement the General Plan Policy. 7.1 Review Building and Ongoing Construction Code for Consistency with General The Building Code is updated to be consistent with the California Building Code and the General Plan Plan. The 2017 California Building Code was adopted by the City in late 2017, and was effective starting January 2018, as required by State Law. 7.2 Revise Fair Share Traffic Pending Contribution Ordinance The completion of updating the Fair Share Traffic fee has been put on hold until direction is determined regarding various iterations proposed by the General Plan/LCP Implementation Committee, project consultants and interested parties such as the Building Industry Association of Orange County. 7.3 Review and Update Complete Transportation Demand Ordinance The Transportation Demand Management Ordinance was reviewed and updated as a part of the comprehensive Zoning Code Update in 2010. It is provided as Section 20.44 in the Zoning Code. rW TASKS 8.1 Review Codes and Ordinances for Consistency with the General Plan and Update Periodically (a. through d. are specifically recommended) STATUS Complete & Ongoing Codes and Ordinances are revised for consistency with basis. The Zoning Code was comprehensively updated updated in 2009 and 2010 for consistency with the Implementation Measure are italicized) 5 the General Plan on an as- needed in 2010, and Subdivision Code was General Plan. (sections from the a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental protection, and impacts on the public, waterfront owners/lessees, and adjoining properties — Pursuant to NBMC Section 17.40, Harbor Resources will conduct vessel inspections annually and implement regulations including the maximum number of renewable annual permits. b. Regulation and transfer of mooring permit applications and titles — Managed by the City's Harbormaster's Office on an ongoing basis. Anticipated adoption by City Council of updated regulations is Spring 2018. c. Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual impacts — The City Council approved updated harbor standards in 2017. Aside from general clarifications, the standards increased the required height of bulkheads to +10 Mean Low Low Water (MLLW). d. Standards and policies specified by the Noise Element to protect sensitive noise receptors, residents and businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries, special events, charter and entertainment boats, and similar sources — Reviewed and implemented on an ongoing basis through project review consistent with the Airport Land Use Environs Plan (AELUP), Code Enforcement, Harbor Resources, and Building Inspectors. i2N 0 TASKS STATUS 8.2 Prepare New Codes, Ongoing Ordinances, and Guidelines (a. through d. are The comprehensive Zoning Code update was adopted in November 2010, by City Council. specifically recommended) (sections from the Implementation Measure are italicized) a. A "commercial -residential" interface ordinance that regulates use, activity, and design of commercial properties located on shallow parcels directly abutting residential neighborhoods - The Zoning Code includes development standards that address the commercial and residential interface to minimize potential land conflicts. b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to assure that they complement the character of existing development; these may be applied to specific neighborhoods or citywide — Section 20.48.180 Residential Development Standards and Design Criteria of the Zoning Code provides residential design standards to promote neighborhood compatibility. c. An ordinance or guidelines for the preservation of historic buildings and/or properties; this shall be developed in consideration of guidelines published by the State Historic Preservation Office — Staff continues to review projects subject to CEQA to address historic preservation. An ordinance has not been prepared at this time. d. An ordinance managing parking in commercial and mixed-use corridors and districts characterized by deficient parking; this may provide for the establishment of parking districts in which new parking may be developed in public or private shared facilities or structures or other facilities, as well as procedures for the funding of these improvements — In 2016, the City kicked off development of the Mariners' Mile Revitalization Master Plan which is expected to include strategies to better manage parking in the area. The Mariners' Mile Revitalization Master Plan and the draft Master Plan will be pursued following the comprehensive General Plan update, scheduled to begin in 2019. See Program 16.10 for an update on Balboa Village parking. s2N 7 TASKS = STATUS - 9.1 Review City Council Policy Ongoing Manual for Consistency with the General Plan In 2017, City Council Policies H-6, F-10, F-1, and A-19 were amended. In August 2017, all of the City Council Policies were reviewed as part of an annual review. In the review, the City Council provided direction to staff and the City's Finance Committee to review the Finance "F" Policies for future City Council consideration; provided direction to staff and the Harbor Commission to review the Harbor and Beaches "H" Policies for future City Council consideration; and provided direction to staff and the Planning Commission to review the Public Works/Traffic/Utilities "L" Policies for future City Council consideration. Per the City Council's direction, a subcommittee was created by the Planning Commission and was tasked with reviewing the L -Council Policies. The review will be complete in 2018. 10.1 Maintain Up -to -Date Ongoing Comprehensive Database (Data such as built land use The City's Geographical Information System (GIS) data is updated regularly to provide up to and traffic date parcel -specific information including specific lot information (agreements), planning (zoning, should be updated on a land entitlements, building, code enforcement, environmental layers, general information continuing basis, while data (contours, assessor, easement, etc.), general services, harbor, hazards including flood and that is stable, such as seismic, fire, police, public works, parking, street and utilities. New layers are added whenever seismic hazard zones, can necessary and appropriate. be updated on a less frequent basis 0 RE TASKS STATUS - 10.2 Maintain Development Ongoing Tracking and Monitoring The Planning Division and GIS staff maintains a comprehensive land use database. Information Program from multiple sources including GIS data, traffic model land use data, and building permits is complied, reviewed and confirmed for accuracy before inclusion into a comprehensive database. The database may be used for site specific information or compiled to provide information by any geography needed, from a single lot to a neighborhood to statistical area to citywide. The land use data is available by Statistical Area as directed by the General Plan. In addition, City staff is available to provide data on the GIS to provide site-specific information on each property's development limits. As required by Section 423 of the City Charter, the Planning Division tracks increases in development limits approved by general plan amendments (GPA) for a period of ten years. If a proposed amendment exceeds the established thresholds of 40,000 square feet of non- residential development or 100 dwelling units or 100 AM peak hour traffic trips or 100 PM peak hour traffic trips on its own or, when combined with 80% of previously approved General Plan amendment(s) located in the same Statistical Area, the amendment is considered a "major amendment." Approval or denial of a "major amendment" is determined by a vote of the electorate. The GPA/Charter Section 423 tracking tables are available for public review at the General Plan information page of on the Planning Division website. 11.1 CEQA Review Ongoing Development and Entitlement Ap lications All private and public development projects are reviewed for CEQA compliance. 12.1 Evaluate Fiscal Benefits of Ongoing Large Development Proposals and Annexations In 2016, Applied Development Economics, on behalf of the City, prepared a fiscal impact analysis for the 150 Newport Center and Museum House projects using the Fiscal Impact Model prepared for the 2006 update of the General Plan. No annexations have been proposed. 12.2 Maintain and Update Fiscal Ongoing Impact Model The fiscal impact model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in the City. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes, and other taxes, as well as a variety of user charges and fees. The output from the Fiscal Impact Model can be modified to address these circumstances for each individual project and the Fiscal Year the project is proposed. RE E TASKS STATUS 13.1 Process Development Ongoing Agreements The City continuously requires Development Agreements in accordance with Chapter 15.45 of the Municipal Code. Development agreement negotiations for the Koll Center Newport project, a 260 -unit residential development in the Airport Area, commenced in 2017. 14.1 Adjoining Cities Ongoing (Boarders Committees to collaborate with the cities of The City continuously collaborates with neighboring cities as projects/issues warrant but there Irvine, Huntington Beach, currently is not an established committee. and Costa Mesa 14.2 Coordinate with School Ongoing Districts Staff works with Newport Mesa Unified School District and Coast Community College District on the identification and acquisition of potential school sites and expansion or existing facilities on an as -needed basis. Should the need arise; Public Works staff monitors traffic conditions at school locations. The City provides school impact analysis as required by CEQA to ensure proper mitigation of impacts is provided to the School Districts. The City works with the School Districts on joint -use agreements for public recreational uses of school properties on an as - needed basis. School fees are assessed during the issuance of building permits when required. 14.3 Coordinate with Orange Ongoing County The City of Newport Beach continues to work with the County of Orange on various programs affecting land use and development, affordable housing, transportation, infrastructure, resource conservation, environmental quality, management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans on an as -needed basis. 14.4 Coordinate with Orange Ongoing County Transportation Authority (OCTA) The Public Works Director is on the Technical Advisory Committee (TAC), which meets monthly and consists of most of the Public Works Directors in Orange County, to discuss and make recommendations to the OCTA and its board on the allocation of funding. 14.5 State of California Ongoing Department of Housing and Community Development The 2016 General Plan Annual Progress Report, including the Housing Element Report, was HCD sent to HCD in April 2017. 10 4j TASKS I STATUS 1 14.6 Coordinate with California Ongoing Coastal Commission On January 30, 2017, the City's certified Local Coastal Program (LCP) became effective and the City assumed coastal development permit authority. The City continued working with the California Coastal Commission (Coastal Commission) on the Post LCP Certification Permit and Appeal Jurisdiction Map, which the Coastal Commission adopted on March 8, 2017. The City is continuing to work with the Coastal Commission on the delegation of permit authority on filled tidelands to the City and incorporating the Newport Coast LCP into the City's LCP. Additionally, a number of LCP Amendments were before the Coastal Commission at the end of 2017 to update and clean-up the certified LCP. 14.7 Coordinate with the Ongoing California Resources Agency, Department of 1. The Recreation and Senior Services Department continued to work with the California Fish and Game (Changed Department of Fish and Wildlife on eelgrass restoration projects in the Upper Bay name to California through Coastkeeper (Non-governmental agency) and Michelle Clemente (City Natural Department of Fish and Resources Supervisor). Wildlife) 2. The Natural Resources Division continued work with the Irvine Ranch Conservancy, US Fish and Wildlife, California Department of Fish and Wildlife, and the Natural Communities Coalition to manage Upper Buck Gully. Buck Gully is a part of a Habitat Conservation Plan included in the Orange County Central Coastal Natural Communities Coalition Plan. 3. The Natural Resources Division continues to work as a partner with the University of California, Irvine; OC Public Health; OC Parks; California Department of Fish and Wildlife; and the Back Bay Science Center. 4j 11 TASKS STATUS - 14.8 Coordinate with the Ongoing California Department of Parks and Recreation The City through its Natural Resource Management unit coordinates with the California (changed their name to Department of Fish and Wildlife, California State Parks and Recreation, the County, education, California State Parks) and non-governmental organizations (NGOs) to protect natural resources through implementation of state and local legislation, enforcement, monitoring, and to provide education programming at Big Corona Del Mar and Little Corona del Mar State Beach, Crystal Cove, and Upper Newport Bay. Coordination highlights from 2017 include the following: 1. Natural Resource Division continued to work with various City departments on issues concerning natural resources. 2. Natural Resource Division continued the MPA Watch (Marine Protected Area Watch Program - Human Use), along with serving as an active member of the Orange County Marine Protected Area Council (OCMPAC). 3. The Natural Resource Division installed MPA regulatory signage in Newport Harbor and Crystal Cove SMCA, and conducted field trips, interpretive, and volunteer programs in a number of locations throughout Newport Beach. The Interactive Sealife Outreach (ISOpod) vehicle was used at beaches around the city, and for outreach programs to promote an increased understanding of ocean organisms. 4. The Natural Resource Division continued to work with U.S. Fish and Wildlife, California Department of Fish and Wildlife, and California State Parks on the Western Snowy Plover Recovery Program, including monitoring, outreach, and habitat restoration. 5. The City of Newport Beach also began work to establish a management plan to protect the Western Snowy Plover and improve best management practices. Em 12 �9 TASKS STATUS 14.9 Coordinate with the Ongoing California Department of Transportation (Caltrans) The City coordinates with Caltrans on an as -needed basis for the review of improvements to the State Highway System or impact on the system by development: • City has teamed up with the Orange County Transportation Authority (OCTA) and State of California (Caltrans) to update traffic signal communication, control equipment and coordination along Coast Highway through the Measure M2 grant -funded Coast Highway Traffic Signal Synchronization Project. The project is currently in construction with completion planned in Fall 2018. • The City has teamed up with Caltrans and OCTA and received a Measure M2 grant to update traffic signal control and communication, as well as update the traffic signal timing and coordination between Newport Boulevard and Jamboree Road along Coast Highway. The project is in construction now with completion planned for end of Summer 2018. in an effort towards signal improvements from Newport Boulevard to Jamboree Road. 14.10 Transportation Corridor Ongoing Agencies (TCA) City staff continually works with the transportation corridor agencies (TCA) regarding the San Joaquin Hills (SR -73) Toll Road and continuously implements TCA's Major Thoroughfare and Bridge Fee Program through the Municipal Code. Impact fees are collected by the City when a building permit is issued. 14.11 California Public Utilities Ongoing Commission (CPUC) The City works with the California Public Utilities Commission (CPUC) to explore funding for the undergrounding of utilities. To date, the City has adopted several underground utility districts, including assessment districts, to provide funding for undergrounding projects. Most of the funding for undergrounding in the City has come from assessment districts using CPUC Rule 20B. The City receives funding allocation from Southern California Edison (SCE) for Rule 20A undergrounding projects. In 2013 the City Council adopted a Utility Undergrounding District on Balboa Boulevard from Coast Highway to 231 Street and directed staff to proceed with a Rule 20A, an undergrounding project along Balboa Boulevard. The City Council approved four new Rule 20B Utility Underground Assessment Districts upon a positive resident vote. One in Corona del Mar and three adjacent to the Balboa Boulevard Rule 20A project. Staff also continues to work with other resident groups in Balboa Peninsula, Balboa Island, and Corona del Mar for possible other 206 projects. �9 13 TASKS M STATUS - 14.12 Coordinate with United Ongoing States Army Corps of Engineers (Corps) 1. Harbor Resources staff has been coordinating with the Corps on an ecosystem -based eelgrass management program in developing a "Newport Specific Eelgrass Plan." The Plan was approved in December 2015. 2. Harbor Resources staff continues to strategize with the Corps on the next phase of dredging the Lower Bay to the federally approved authorized depths or below. Progress is currently underway with sediment testing. Formal application to the Corps for engineering and design will be submitted in March 2018. 3. Semeniuk Slough Maintenance Dredging Project — This proposed cooperative project, led by the City of Newport Beach with support by Caltrans, will restore flood conveyance capacity in Semeniuk Slough and potentially the State-owned storm drain box culvert that drains into the south end of the slough. This project requires permits from U.S. Army Corps of Engineers and coordination with the U.S. Fish and Wildlife Service. Permits are also required from the Regional Water Quality Control Board, California Coastal Commission, and California Department of Fish and Wildlife. Project completed in April 2017. 50 14 TASKS STATUS - 14.13 Coordinate with United ongoing States Fish and Wildlife Service 1. Big Canyon Habitat Restoration and Water Quality Improvement Project — Big Canyon project area contains streambed habitat classified as riparian that is subject to the jurisdiction of California Department of Fish and Wildlife. Big Canyon also contains jurisdictional wetlands, including riparian and marsh habitat under the jurisdiction of the California Coastal Commission. The Big Canyon project area also contains both wetland and non -wetland waters of the United States/State of California, subject to jurisdiction by the U.S. Army Corps of Engineers and Regional Water Quality Control Board. This project was completed in Spring 2017 and is within a five-year monitoring program. 2. Semeniuk Slough Maintenance Dredging Project — Completed in Spring 2017, this cooperative project, led by the City of Newport Beach with support by Caltrans, restored flood conveyance capacity in Semeniuk Slough and potentially the State-owned storm drain box culvert that drains into the south end of the slough. This project required permits from U.S. Army Corps of Engineers permit and coordination with the U.S. Fish and Wildlife Service. Permits were also required from the Regional Water Quality Control Board, California Coastal Commission, and California Department of Fish and Wildlife. 61 15 52 TASKS STATUS _ 14.14 Coordinate with Ongoing Environmental Protection Agency (EPA) The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial and marine resources and sediment disposal sites for future dredging projects on an as -needed basis when projects are within the U.S. EPA jurisdiction. 14.15 Coordinate with United Ongoing States Postal Service (USPS) - relocation of The distribution facility was relocated to Santa Ana and Anaheim. The Mariners Mile location Mariners' Mile distribution maintains a drop-off box. facilit 14.16 Other Agencies Ongoing The City continuously works with the following agencies that are involved in the development of capital improvement and conservation programs: • Energy providers such as Southern California Edison and Gas Company • Telecommunications service providers on a case by case basis • Santa Ana Regional Water Quality Control Board • Metropolitan Water District • South Coast Air Quality Management District • Southern California Association of Governments (SCAG) • California State Parks • National Marine Fisheries Service 15.1 Encourage Annexation of Ongoing Banning Ranch Prior to Development On December 12, 2017, the City Council adopted Ordinance No. 2017-17, which repealed all approvals for the Newport Banning Ranch project. The absence of an approved project does not preclude the City from pursuing annexation of the Banning Ranch property with the Local Agency Formation Commission LAFCO . 16.1 Improve Arterial Streets Ongoing and Highways According to Classification West Coast Highway (SR -1) and Old Newport Boulevard Intersection Improvements — The project will widen West Coast Highway at Old Newport Boulevard to provide for a third westbound through lane, a right turn lane, and a bike lane. The project's environmental document (MND) was in final review at Caltrans and anticipated final approval is Summer 2018. 52 16 16.2 TASKS M Monitor Traffic Conditions and Plan for and Fund Improvements STATUS Ongoing 1. Traffic Signal Modernization Program (see program 16.4 below) 2. Installation of CCTV Cameras and Traffic Management Center in the Public Works Department which includes surveillance cameras and televisions to monitor and change the traffic signal system depending on traffic conditions. 16.3 Construct Street and Ongoing Highway Improvements Staff continues to work with Caltrans regarding the design to widen Coast Highway at Old Newport Boulevard and to provide for a third westbound through lane, a right turn lane, and bike lane at the intersection. The project's environmental document (MND) was in final review at Caltrans and anticipated final approval is Summer 2018. The City has teamed up with Caltrans and OCTA. The team received a Measure M2 grant to update traffic signal control and communication, as well as update the traffic signal timing and coordination from Newport Boulevard to Jamboree Road along Coast Highway. The project was in construction in 2017 with completion anticipated for the end of Summer 2018. 16.4 Monitor Roadway Complete Conditions and Operational Systems The City continues to monitor and improve traffic flow through proactive maintenance and updates to the City's modern traffic signal system. • City has teamed up with the Orange County Transportation Authority (OCTA) and State of California (Caltrans) to update traffic signal communication, control equipment and coordination along Coast Highway through the Measure M2 grant -funded Coast Highway Traffic Signal Synchronization Project. The project is in construction with completion planned of Fall 2018. • City is embarking on a demonstration project to deploy an adaptive advanced traffic signal timing strategy on MacArthur Boulevard to allow automated traffic signal timing changes in coordination with the changes in traffic flow. The project is in construction with completion planned for Summer 2018. • City is deploying traffic monitoring devices on the Peninsula, Coast Highway and in East Newport to monitor the flow of traffic, allowing for quicker traffic signal outage response and refined traffic signal timing. Project completion is planned for Spring 2018. 53 17 TASKS STATUS _ 16.5 Maintain Consistency with Ongoing Regional Jurisdictions(Caltrans, The City monitors the regional Arterial Program, OCTA's Master Plan, and the County -wide Orange County to provide traffic model to ensure consistency. Public works staff coordinates with regional jurisdictions on adequate roadway an as -needed basis. Public Works staff is currently working with the Orange County Council of infrastructure plans and Government (OCCOG), Technical Advisory Committee (TAC), and the Southern California design standards such as Association of Governments (SGAG) in reviewing the Orange County Complete Streets Initiative Orange County Master Design Manual. Plan of Arterial Highways) 16.6 Local/Neighborhood Ongoing Access Roads Public Works staff works with local neighborhood groups on an as -needed basis when traffic issues arise. The City maintains standards that ensure safe and efficient access for emergency vehicles. 16.7 Traffic Control Ongoing The following projects were implemented to improve traffic congestion through conventional and innovative methods of traffic control: 1. The Annual Traffic Signal Rehabilitation Project rehabilitates the Jamboree Road/Bison Avenue and Newport Center Drive/Santa Rosa Drive traffic signals. 2. The City deployed a responsive advanced traffic signal timing strategy on Newport Boulevard between 21st Street and Via Lido Drive to allow the system to make automated traffic signal timing changes in coordination with changes in Peninsula traffic flow. 3. City is embarking on a demonstration project to deploy an adaptive advanced traffic signal timing strategy on MacArthur Boulevard to allow automated traffic signal timing changes in coordination with the changes in traffic flow. The project is in construction with completion planned for Summer 2018. 4. The City is deploying traffic monitoring devices on the Peninsula, Coast Highway, and in East Newport to monitor the flow of traffic, allowing for quicker traffic signal outage response and refined traffic signal timing. Project completion is planned for Spring 2018. 10 M 56 TASKS STATUS 1 16.8 Provide Public Ongoing Transportation The City continuously looks for opportunities to support the upgrade and enhancement of existing facilities, as well as encourage the development of additional public transportation services and facilities. The City provides shuttle bus services for the Oasis Senior Center clients on an as -needed basis. The City also continuously works with the Orange County Transportation Authority (OCTA) for countywide bus services. The City received funding from OCTA for Project V (Community Based Transit/Circulators) to implement a shuttle service on the Balboa Peninsula. The Peninsula Trolley officially began service on June 17, 2017. The free trolley service ran from 7:30 a.m. to 9:30 p.m. on Saturdays and Sundays through Sunday, September 3, as well as the Fourth of July, making 19 stops along the peninsula. Funding from OCTA to continue the program is available for the next six years (until 2023), subject to the City meeting ridership minimums and at the discretion of the City Council. In its first summer, the shuttles carried over 23,000 riders at an average of 906 per day, far exceeding the 271 rider -per -day minimum set by OCTA. With room for bicycles, surfboards, and beach gear, the shuttles offered a fun alternative travel method for residents and visitors alike. 16.9 Manage Truck Operations Ongoing Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use designated haul routes. 56 19 50 AS STATUS 16.10 Improve Parking Supply Ongoing and Management Parking availability can be challenging especially during the summer months when many thousands of people visit coastal areas. West Newport, Balboa Peninsula, Mariners Mile, and Corona del Mar experience high parking demand. Parking conflicts can hold back commercial and economic activities and creating new parking is often expensive. In 2011, the City prioritized the revitalization of Balboa Village and better parking management was considered a high priority before increasing the supply. In 2012, the City Council approved the Balboa Village Master Plan that identified several parking management strategies including the creation of a parking management overlay district, consideration of parking on a district -wide basis rather than individual property basis, demand -based pricing strategies, an employee parking program, enhanced wayfinding, and potentially an overnight resident parking program (RP3) for the neighborhood just west of Balboa Village. In January 2015, the City Council approved all of the parking strategies. The RP3 Coastal Development Permit is expected to be considered by the Zoning Administrator in 2018 (subject to appeal to the Coastal Commission). Incorporating the Balboa Parking Management Overlay District into the City's certified LCP will require a LCP amendment approved by the Coastal Commission. Initiation of this LCP amendment is expected in 2018, but could take up to a year at the Coastal Commission. Successful strategies may be translated to fit other geographic areas to address their own specific parking issues. 16.11 Maintain Trails Ongoing The City continues to maintain existing bike paths and trails that are within the City's jurisdiction. In 2017, the City completed City completed a bicycle lane improvement project along MacArthur Boulevard (south) and Irvine Avenue. The City is embarking on projects to review and improve bicycle lanes on Irvine Avenue and continue bicycle lane improvements on MacArthur Boulevard with anticipated completion in Spring 2017. Bike node improvements were added to Back Bay View Park including a water bottle filler, bicycle repair station, bicycle racks and picnic benches. Bicycle racks were added to Marine Avenue creating a bicycle coral. 16.12 Marine Transportation Ongoing A study provided an evaluation of a water taxi and found it would require a subsidy and was without a funding source. This effort was put on -hold. 50 99 TASKS STATUS 17.1 Maintain and Implement Ongoing Urban Water Management Plans and Encourage The State Water Board (Board) first adopted drought emergency conservation regulations in July Conservation 2014. Included in these regulations were prohibitions against certain wasteful water use practices. These wasteful practices stipulated in NBMC 14.17 are in compliant with State law. The Board expanded, updated, extended, and readopted the emergency regulations several times, most recently in February 2017. Governor Brown ended the Drought State of Emergency in April 2017. In response, the State Water Board partially repealed the February drought emergency conservation regulations, maintaining urban water supplier reporting requirements and the prohibitions on wasteful water use practices. These remained in place until November 25th, 2017. As directed by Executive Order B-40-17, the State Water Board is conducting a rulemaking to prohibit wasteful water use practices. These prohibitions also support the California Water Action Plan goal of "Making Conservation a California Way of Life." Key Provisions and permanent restrictions as provided in NBMC 14.17 The following wasteful practices would be prohibited, unless exempt to protect health and safety, to meet state and federal permit obligations, when used exclusively for commercial agricultural purposes, or for other reasons noted below: • Using potable water to wash sidewalks and driveways; • Allowing more than incidental runoff when irrigating turf and other ornamental landscapes; • Using hoses without automatic shutoff nozzles to wash motor vehicles; • Using potable water in ornamental fountains or decorative water features that do not recirculate the water • Irrigating turf and ornamental landscape during and within 48 hours following measurable rainfall; • Hotels and motels laundering towels and linens daily without providing guests the option of using them again. As a way to mitigate any pending action from the State due to a dry winter and to create a sustainable water basin, which provides 70-75% of Newport Beach water, the City is considering a revision of our current water conservation programs and policies. This would include an allocation - based method of conservation, whereby establishing an equitable means to create an efficient use of water. A sample of the methodology is mentioned below. Residential water allocations are calculated based on: • Number of residents in each home • Landscaped irrigable area (where applicable) and, • Real-time localized weather data. The allocation will vary month-to-month based on weather and number of billing days in each cycle. Commercial allocations are calculated on a three-year running average. The Urban Water Management Plan is updated every five years, with the next update due in 2=� 21 TASKS STATUS 18.1 Maintain and Implement Ongoing Sewer Master Plan The Public Works Department continues to implement the adopted Sewer Master Plan with projects throughout the City. A vigorous sanitary system overflow (SSO) prevention plan, which includes good investments in our Wastewater Master Plan, vigorous CCTV program, and an aggressive lift station cleaning program continues. 19.1 Maintain Storm Drainage Ongoing Facilities 1. Storm drain facility improvements estimated at $5.5M. Projects include: • The Arches Diversion Project — In progress 2017 • Semeniuk Slough Dredging and Maintenance Project — Completed 2017 • Big Canyon Diversion Project — Completed 2017 • Bayview Heights Restoration/Wetlands Project — In progress in 2017 • Big Canyon Restoration/Wetlands Project — Completed 2017 • Corona Del Mar Beach WQ & Litter Removal Project— In progress in 2017, at Coastal Commission and waiting for approval 2. Street sweeping program consisted of 36,007 curb miles swept removing 4,578 Tons (dry) of debris. 3. The City's 86 tidal valves are operated/maintained on a regular basis. 4. Two and a half miles of channel and 3,271 catch basins were cleaned yielding 538 tons of debris. Four -hundred and thirty-five Inlet Guards are re -installed after the winter season to assist in keeping trash/debris from entering the storm drain system/bay/ocean. WN 22 TASKS STATUS - 20.1 Design, Fund, and Ongoing Construct Streetscape Improvements Public Right of Way Improvements Balboa Boulevard from 21st Street to 12th Street and 15t" Street from Bay Front to Ocean Front — Landscape revitalization and traffic signal upgrade and parking circulation improvements for 15th Street. Construction completed in Summer 2016. Lido Village: • In September 2014, the City Council approved the Lido House Hotel project, which includes landscape improvements and enhanced pedestrian areas along Newport Boulevard and 32"d Street fronting the former City Hall site. The project also includes a minor realignment of 32"d Street and changes to existing street parking spaces between Newport Boulevard and Lafayette Avenue. Construction began in December 2017 with anticipated completion in early 2018. • Lido Marina Village has on-going tenant improvements with the repair of Via Oporto. Balboa Village: • In October 2014, the City Council approved a conceptual streetscape improvement plan for Balboa Village that included updated landscaping, street furniture, lighting and wayfinding signage. Funding for the streetscape improvement plan and the wayfinding sign program was approved in the 2016 Capital Improvement Program. • In June 2016, the City was awarded a grant from OCTA to operate a trolley service that would travel from Coast Highway to Balboa Village during the summer weekends. In June 2017, the trolley service was in operation. • In Spring 2017, the entry sign to Balboa Village was installed for Balboa Boulevard and Adams Street. 59 23 �I TASKS STATUS 20.1 Design, Fund, and Ongoing Construct Streetscape Improvements (continued West Newport Revitalization: from previous page) • The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the preparation of a preliminary design of a Capital Improvement Project for beautification of West Coast Highway from the Santa Ana River to the Arches Bridge and of Balboa Boulevard from West Coast Highway to McFadden Square. • The NRC established the West Newport Citizen Advisory Panel (CAP) to guide the effort. The CAP identified keystones to the project that included the alteration of existing medians, incorporation of sustainable elements, and the addition of lush plantings to soften the look and improve the aesthetics of the area. They also expanded the area of focus to include Superior Avenue north of Coast Highway. • The CAP forwarded a concept layout which included landscaping with varying heights (groundcover, shrubs, and canopy trees), while minimizing hardscape. • Balboa Boulevard between West Coast Highway and McFadden Square has now been landscaped with water friendly plants and a water -efficient irrigation system. Various architectural features have been added near the 26th Street parking lot and entry by West Coast Highway to further beautify and enhance this area of West Newport Beach. • The next segment of this project will take place on West Coast Highway from the Santa Ana River to Newport Boulevard. Concept landscape plans have now been developed, reviewed by the CAP, the public and NRC. A Landscape architect has submitted plans to Caltrans for review. The plans include new landscaping for medians focusing on drought tolerant plans while limiting hardscape. These plans are currently in the review phase with Caltrans. Mariners' Mile Revitalization: • A draft of the Mariners' Mile Revitalization Master Plan was released in April 2017. • The Master Plan was scheduled for Planning Commission Study Session on April 20, 2017, but the plan was withdrawn based upon significant concerns expressed by the community. • Staff believes this is not the appropriate time to pursue the adoption of the Mariners' Mile Revitalization Master Plan and the draft Master Plan may be considered again following the comprehensive General Plan update, scheduled to begin in 2019. 20.2 Design, Fund, and On -hold Construct Waterfront Promenade A plan was created in 2005 for a walkway from Mariners' Mile to Lido Village along Newport Harbor;however, the plan is on hold due to lack of funding. �I 0 01 TASKS M STATUS 20.3 Fund and Construct Public Ongoing View Sites Back Bay View Park Enhancements - Upgrade water fountain with bottle filler and doggie bowl, add and bike fixit station was finished in October 2017. Lower Sunset View Park Extension — Conceptual design plans underway in 2017 to add two bridges — one across Superior Avenue and one across Coast Highway — to add a parking structure within the existing parking lot off of Superior Avenue and an additional recreational area. Additionally, the City has applied for grant funds for the construction phase. 21.1 Review and Update Harbor Ongoing and Tidelands Improvement Plans The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called the Harbor Capital Project Planning Tool and is a living document that is updated and refined by staff throughout the year. 21.2 Develop Harbor Area Complete Management Plan (HAMP) In November 2010, the City Council approved the HAMP. 21.3 Events Management and Ongoing Programs Chamber of Commerce, Harbor Resources, Orange County Harbor Patrol continuously work together to plan and implement special events that take place in the Harbor such as the annual Christmas Boat Parade. For the seventh year, City staff teamed up with The Orange County Water District to provide education on how to protect our coast and waterways from trash at the 21s' Annual Children's Water Education Festival on March 29 and30, 2017, at the University of California, Irvine. 21.4 Harbor Operations and Ongoing Management A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County in Newport Harbor and opportunities to realign these to reduce costs has not been conducted to date and may be prioritized in the future based on needs and funding. 01 25 rM TASKS STATUS 22.1 Maintain and Enhance Ongoing Police and Fire Facilities Newport Beach Police and Fire Departments annually maintain and periodically update facilities and personnel to provide a high-level of service. This process is implemented through the City's budget process. Additionally, response times are monitored and changes are proposed through the budget process. A remodel of the Police Station at 870 Santa Barbara Drive was in the design phase in 2017 with anticipated award of funds and construction beginning Spring 2018. The new Corona Del Mar Fire Station No. 5 and Library was in the design phase in 2017 with anticipated award of funds and construction beginning Spring 2018. 23.1 Maintain and Update Parks Ongoing and Recreation Facility Plans The Recreation and Senior Services Department reviews the status of the park system on an ongoing basis and improvements are recommended in the City's annual Capital Improvement Plan. 23.2 Maintain and Improve Ongoing Parks and Recreation Facilities In 2017, the following accomplishments were achieved: 1. Ongoing maintenance of existing facilities. 2. Bonita Creek Sports Park — Installation of Pickleball Courts at Bonita Canyon Sports Park. The project was completed and opened to the public in September 2017. 3. Back Bay View Park Enhancements — Upgrade water fountain with bottle filler and doggie bowl, and bike fixit station were finished in October 2017. 4. Lower Sunset View Park Extension — Conceptual design plans underway in 2017 to add two bridges — one across Superior Avenue and one across Coast Highway — to add a parking structure within the existing parking lot off of Superior Avenue, and an additional recreational area. Additionally, the City has applied for grant funding for the construction phase. 23.3 Assess Recreation Needs Ongoing The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation programs and periodically initiate community surveys to assess the current needs of the community. rM 23.4 M TASKS STATUS Maintain Recreation Ongoing Programs for Newport Beach's Residents The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a recreation guide for all recreation programs and services provided by the City. The Newport Navigator is provided quarterly in addition to a summer issue. The Parks, Beaches, and Recreation Commission (PB&R) acts in an advisory capacity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees. The following are Commission highlights from 2017: 1. Backbay signage program. 2. Lower Sunset View Park Extension — Conceptual Plan provided for comments. 3. Youth programs. 4. Beach volleyball nets donation, in memory of Ron Hanks Neil Cline. 5. Certificate presentation to outgoing PB&R Commissioner Marie Marston. 6. Elections — Laird Hayes, Chair/ Walt Howald, Vice Chair. 7. Changing the name of Balboa Island Park - denied. 8. Approval of Newport Beach soccer installation of temporary lights at Bonita Canyon Sports Park Field 6. 9. Newport Coast Community Center/Aquatics. 10. New PB&R Commissioner — Heather Ignatin. 11. Ad Hoc Committee Appointments — Community Service Award: Cole, Englebrecht, & Ignatin; Sunset View: Hayes, Granoff & Ignatin; Youth Sports Liason: Hayes, Anderson & Howald; Sunsetted the West Newport Community Center Ad Hoc Committee. 12. Adjourned in Memory of Dayle Lusk, Tumble-n-Kida 13. Marina Park & Peninsula Programming. 14. Weather Station approved at Bonita Canyon Sports Park. 15. Modification of the youth sports commission member requirements and field allocation and use policy — tabled until future meeting. 16. Health and wellness of the Oasis Senior Center. 17. Poppy Avenue update. I'm 27 MI, TASKS STATUS 23.5 Requirements for Ongoing Residential Developers Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City's Subdivision Code. 24.1 Adopt and Implement Ongoing Strategic Plan for Fiscal and Economic In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability Sustainability (EDC). The Strategic Plan is designed to serve as a work program for the City Council, City staff, and the EDC to promote and sustain fiscal and economic vitality in Newport Beach. It is intended, in part, as a companion document for the General Plan (adopted in 2006), to assist the City in implementing portions of the General Plan that affect economic development in the City. The Strategic Plan includes goals and objectives to enhance the business climate in the community and focuses on a shorter time frame (three to five years) than does the General Plan, since economic conditions and priorities can change more rapidly than do planning goals related to community character and land use patterns. The Strategic Plan calls for regular reviews of progress and re -assessments of priorities. 25.1 Implement Housing Ongoing Element Programs The City implements Housing Element Programs through the review of proposed residential projects. Programs are reviewed in the Housing Element Progress Report, which is provided as a part of the Annual General Plan Status Report. 26.1 Enforce Codes and Ongoing Ordinances The City enforces all Municipal Code Sections including but not limited to health and safety, and zoning to implement the General Plan primarily on a complaint -driven basis. Code Enforcement and Planning staff partnered with the Balboa Village Merchants Association to identify substandard buildings and work with the property owners to participate in the City's Fagade Improvement Program. The Program provides grant monies to eligible property and/or business owners to make improvements to the fa ade of their buildings. 27.1 Seismic Compliance Ongoing The City continuously implements Municipal Code and the California Building Code through the Building Division, which requires seismic retrofitting and strengthening to minimize damage in the event of a seismic geologic hazard. MI, ME TASKS STATUS - 28.1 Maintain Hazards Data Ongoing Base The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal activities. The Fire Department relies on the Disaster Preparedness Division under the City's Emergency Management Program (see Program 28.2 and 29.1 below) for the planning of facilities, personnel assignments, and emergency response programs as related to natural hazards. Additionally, the City maintains hazard information in its Geographic Information System (GIS). 28.2 Maintain Emergency Ongoing Preparedness, Response, and Recovery Programs On July 4, 2017, the Police Department Operations Center (DOC) was activated to support the field operations and interdepartmental coordination. Several briefings were held to ensure all departments were sharing intelligence and coordinating. On Wednesday, October 18, 2017 Orange County's Regional Emergency Notification System, AlertOC, was tested with the help of 25 jurisdictions (24 cities and the County unincorporated areas) including Newport Beach, in conjunction with National Preparedness Month. The primary objective of the regional exercise was to test Alert OC's capability, capacity and effectiveness to deliver emergency notifications to the public during a major disaster, and to encourage residents to register their cell phone numbers. Approximately 33,000 (mostly landline) phone numbers were called during the test. The City's public hotline received over 400 calls from residents. The hotline was staffed with representatives from the City Manager's Office, Fire Department, and Police Dispatch. On October 25, 2017, the City held an EOC drill for staff that have been identified as EOC responders. The drill scenario was five active shooter incidents in Orange County. The Newport Beach EOC participated in a series of conference calls with the County and ten participating cities in Orange County. During the exercise, management and operational decisions were discussed based on these major incidents. The City's Emergency Preparedness Committee (EPC) is comprised of representatives from each department and meet monthly. The EPC works collaboratively to plan, train, and address all city emergency management threats. 05 9 TASKS I STATUS 29.1 1 Educate the Community I Ongoing 1. The City continuously educates the community through its various City Departments on services, programs, and key issues including land use zoning and development processes; development fees; code compliance; property and building maintenance and improvement techniques; financial assistance and affordable housing programs, public transportation; ride - sharing, energy conservation methods, waste reduction and recycling programs; hazards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural resources and their value; educational and cultural events and venues; parks and recreation, health and safety, and seniors and youth programs; and access to government services and elected officials. 2. The City's webpage was revamped to include easily accessible, up-to-date information on all of the aforementioned services, programs, key issues and current projects. The new web page includes a "Newsplash" tool. This tool gives the community the ability to sign-up to receive automated emails regarding news or updated information related to certain topics including all of the aforementioned. 3. The Disaster Preparedness Division implemented several community outreach programs as they relate to emergency and disaster preparedness including AlertOC, which is a mass notification calling system for staff, residents, and businesses, The Community Emergency Response Team (CERT) program to certify residents as Disaster Service Workers, School Emergency Response Team (SERT) training sessions in public schools and private schools, and Business Emergency Response Team training sessions. MIN KZ TASKS ISTATUS 29.2 Support of the Arts, Ongoing Culture. and Historic Resources The City Arts Commission acts in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic, and cultural aspects of the City. The City Arts Commission also recommends to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic, and cultural aspects of the community. The following is an update on implementation in 2017: 1. Concerts on the Green — Four concerts were held during the summer with the last one in September. Concerts included Matt Mauser: Celebration of Frank Sinatra; The Springsteen Experience; Tijuana Dogs; and A Tribute to the Eagles. 2. Pacific Symphony — The community participated and supported the City -hosted Pacific Symphony concert on July 16, 2017. It was a wonderful evening of music, led by Music Director Carl St. Clair. The evening began with the Symphony's "Musical Playground," which featured many interactive and hands-on activities for children, including instrument making, a drum circle, an instrument petting zoo, and an opportunity to meet the musicians. 3. Exhibits in the Central Library — The City maintains exhibit space at the Central Library. The City Arts Commission's Fine Arts Committee meets periodically to review artist's submissions for exhibition in Central Library. Upon acceptance, exhibiting artists must agree to the conditions and requirements detailed in the City Policy 1-11. 4. Newport Beach Art Exhibition — On June 16, 2017, 130 artists participated in the Exhibition. Cash prizes are awarded to artists within a number of categories. A portion of the proceeds from the art sale funds Newport Beach community arts programs. 5. Sculpture Exhibition in Civic Center Park — In September 2017, the Newport Beach City Council authorized Phase III which included nine pieces that were installed in October 2017. The City Council also approved a contract with Arts OC to manage the project. 6. Master Arts and Culture Plan — The City Arts Commission is in progress of developing goals and objectives. Grants Awarded — In November 2017 the City Council awarded Cultural Arts Grants to the following: Balboa Island Improvement Association, Newport Beach Film Festival, Balboa Island Museum, City Arts Commission Arts Programming, and Orange County Museum of Art. 07 31 02 TASKS 0 STATUS - 29.3 Support Community Ongoing Environmental and Recreation Initiatives The City supports any private groups' efforts to acquire property to improve access to the anticipated development of the Orange Coast River Park. The City has also supported the Banning Ranch Conservancy's efforts to acquire the Banning Ranch property to preserve it as open space; however, no agreement to acquire the site was forthcoming. In July 2012, the City approved the Newport Banning Ranch Planned Community Development Plan for development of the 401 -acre site with 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of commercial uses. On September 7, 2016, the California Coastal Commission denied a coastal development permit for the project. December 12, 2017, the City Council adopted Ordinance No. 2017-17, which repealed all approvals for the Newport Banning Ranch project. The absence of an approved project does not preclude the City from pursuing annexation of the Banning Ranch property with the Local Agency Formation Commission LAFCO. 30.1 Maintain Annual Budgets Ongoing for City Services and Improvements Annual budgets are maintained and reviewed by City Council annually. A Capital Improvement Plan (CIP) is included in the annual budget approved by City Council each year. In June 2017, the City Council approved the budget and CIP. 30.2 Administer Impact and User Ongoing Fees (a. Development Impact Fees, b. Park 1. Development impact fees including fair share traffic fees are assessed for each development Dedication Fees and in -lieu project. The completion of updating the Fair Share Traffic fee has been put on hold (see fees, and c. Tideland Program 7.2). Revenue Fees) 2. Park dedication fees are assessed on a project -by -project basis pursuant to the Subdivision Code. The Park dedication fee which was updated in 2007, is required to keep current with property appreciation, and said fair market value per acre shall be reviewed and adjusted, if necessary, at least every three years. 3. Residential Piers: Rates were reviewed and adjusted by Council in February 2015. Commercial Piers: Study is underway with anticipated Council adoption by Spring 2017. 4. Moorings: • Rates —Annual mooring rates are updated to be based on the Consumer Price Index (CPI). Rates will be assessed in January of each year. • Regulations - anticipated Council adoption by Spring 2018. 02 32 TASKS STATUS 31.1 Consider the Establishment Ongoing of Community Facilities and Special Assessment As an alternative to building a new community center, the City has leased programming space Districts on 16th Street in Newport Beach, and is providing a variety of recreational and fitness classes for the community. It offers a dynamic program schedule with classes for all age groups and features a gymnastics center, dance, and fitness studio with professional grade sprung floor, classroom space for enrichment programs and a participant lobby. 09 33 PART 2. HOUSING ELEMENT ANNUAL REPORT As required by Government Code Sections 65583 and 65584, the Housing Element Annual Report demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government Code Section 65400, this was prepared to be consistent with guidelines provided by the State Department of Housing and Community Development (HCD). The Housing Element Annual Report includes the following information: A. Annual building activity reports for new housing units; B. Regional housing needs allocation progress; and C. Program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. A. Annual Building Activity Reports for New Housing Units Data from the Community Development Department was used to prepare the following table, illustrating the number of new housing units and demolished housing units reported to the State Department of Finance (DOF) in Calendar Year 2017: CONSTRUCTED HOUSING UNITS 2017 CALENDAR YEAR NEW UNITS DEMOLISHED UNITS NET CHANGE IN UNITS 2017 716 172 1544 70 ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS 2017 Low 1. 2. 3. 4. 5. 6. 7. 5 SINGLE 2-4 UNITS 5+ SECOND UNIT MOBILE TOTAL INFILL FAMILY UNITS HOMES UNITS No. OF UNITS 0 0 0 0 0 0 0 PERMITTED FOR MODERATE No. OF UNITS 129 36 UNITS WITHIN 551 0 0 716 165 PERMITTED FOR 18 STRUCTURES ABOVE MODERATE B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region's new housing units that should be constructed in the 2014-2021 planning period to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG determined the City's share of RHNA to be five new dwelling units. The table below summarizes the City's share of RHNA for new housing construction, for households at different income levels, and for the 2014-2021 Planning Period. TOTAL RHNA CONSTRUCTION NEED BY INCOME 2014-2021 VERY Low Low MODERATE ABOVE MODERATE TOTAL 1 1 1 2 5 20% 20% 20% 40% 100% 72 35 CITY'S PROGRESS IN MEETING ITS SHARE OF RHNA FOR PERIOD 2014-2021 VERY Low Low MODERATE ABOVE MODERATE TOTAL NEED PROJECTED NEED 1 1 1 2 5 NEW UNITS 17' 0 0 0 551 0 REMAINING NEED 1 1 1 0 3 C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL CONSTRAINTS The 2014-2021 Housing Element Update was found in full compliance with state law, and on September 24, 2013, the City Council adopted the 2014-2021 Housing Element Update. The Annual Status Report for Calendar Year 2017 will provide a review of the 2014-2021 Housing Element programs. 1.1.1 Improve housing quality and prevent deterioration of existing neighborhoods by strictly enforcing building code regulations and abating code violations and nuisances. Ongoing The building inspectors and code enforcement officers continually enforce code regulations, abatement violations, and nuisances. A quarterly report on code enforcement activities is available and kept on file at the City. The City Council awarded funding for the Senior Home Repair Program. See Program 1.1.2 below for details. 72 PROgUM STATUS 1.1.2 Investigate the use of federal funds and Ongoing local funds, including Community Development Block Grants (CDBG) and the On April 29, 2015, the City published RFP No. 15-55 for use of the City's Affordable Housing Fund, to provide Affordable Housing Fund toward affordable housing development or technical and/or financial assistance, if programming. The following three projects received approval of the funding from necessary, to existing lower- and moderate- City Council on November 24, 2015 and here is an update on project income, owner -occupants of residential implementation for 2017: properties through low-interest loans or 1. An agreement with Community Development Partners granting emergency grants to rehabilitate and $1,975,000 to assist with the acquisition, rehabilitation and conversion of encourage the preservation of existing an existing 12 -unit apartment building located at 6001 Coast Boulevard housing stock. for affordable housing — 6 for low-income veterans and 6 with a priority for low-income seniors and veterans (Newport Veterans Project). In June 2017, the project closed on construction financing. Building permits were issued and construction began in July 2017. Temporary occupancy was issued in January 2018 and inspections from the Orange County Housing Authority are scheduled in February 2018. The lease up of the units were also in process with anticipated move -ins by Spring 2018. 2. Senior Home Repair Program - An agreement with Habitat for Humanity Orange County (Habitat OC) granting up to $600,000 for critical home repair for lower-income seniors. The first project was completed in West Newport in March 2017. The second project was completed in Corona del Mar in October 2017. The third and fourth projects were close to completion in Bayview and Santa Ana Heights in December 2017. Additionally, there were three projects in the application process in 2017 in West Newport Mesa, Bayside Village, and Peninsula Point. 3. Seaview Lutheran Plaza Project — Seaview Lutheran Plaza was awarded $1.6 million to assist with the rehabilitation of an existing 100 -unit apartment building that is affordable to lower-income seniors located at 2800 Pacific View Drive. On July 26, 2016, the City and Seaview Lutheran entered into an affordable housing grant agreement for $800,000 of the award for the upgrades to existing bathrooms. The design and permits were approved late 2016 and construction was under way throughout 2017. By the end of 2017, 60 of the 100 units were complete; anticipated completion of the remaining units is Spring 2018. The remaining $800,000 will be provided in a loan agreement for kitchen upgrades. The loan agreement was in review with the Seaiview Lutheran Board in 2017. Both the grant and loan agreement will extend the affordability requirement through 2069. 73 37 PROGRAM STATUS 1.1.3 Require replacement of housing demolished Ongoing within the Coastal Zone when housing is or has been occupied by very low—, low-, and The City uses Chapter 20.34 "Conversion or Demolition of Affordable moderate -income households within the Housing" by monitoring demolition requests and permits. No applicable preceding 12 months. The City shall prohibit projects were submitted in 2017. demolition unless a determination of consistency with Government Code Section 65590 has been made. The specific provisions implementing replacement unit requirements are contained in Chapter 20.34 of the Municipal Code 1.1.4 The City will continue to implement the Ongoing Residential Building Records (RBR) program to reduce and prevent violations of This City report allows the City to verify that its residential buildings meet building and zoning ordinances by providing zoning and building code requirements, life safety requirements as set a report to the all parties involved in a forth by the City's Municipal Code, and fulfill the State's requirement that transaction of sale of residential properties, all homes have both smoke detectors and seismic strapping of water and providing an opportunity to inspect heaters (California Health and Safety Code, Section 19211). In 2017, properties to identify potentially hazardous there were 1,547 RBRs processed. conditions, resources permitting. The report provides information as to permitted and illegal uses/construction, and verification that buildings meet zoning and building requirements, including life safety requirements. 2.1.1 Maintain rental opportunities by restricting Ongoing conversions of rental units to condominiums in a development containing 15 or more A vacancy rate survey is completed upon receiving an application for the units unless the vacancy rate in Newport conversion of 15 or more rental units to condominiums. No projects of 15 Beach for rental housing is an average of or more units were submitted in 2017. 5 percent or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 19.64 of the Newport Beach Municipal Code. 74 PROGRAM STATUS 2.1.2 Take all feasible actions, through use of Ongoing development agreements, expedited development review, and expedited Pending applications that include affordable housing will be expedited. processing of grading, building and other development permits, to ensure expedient construction and occupancy for projects approved with lower- and moderate -income housing requirements. 2.1.3 Participate with the County of Orange in the Ongoing issuance of tax-exempt mortgage revenue bonds to facilitate and assist in financing, The issuance of tax-exempt mortgage revenue bonds is project driven, development and construction of housing and the developer typically applies for the bonds. No applications were affordable to low and moderate -income received. households. 2.1.4 Conduct an annual compliance -monitoring Ongoing program for units required to be occupied by very low-, low-, and moderate -income Annual compliance monitoring has been conducted and the report for the households. City's income and rent -restricted units is in process by LDM Associates (consultant). The 2017 compliance will be completed by Spring 2018. 2.1.5 Provide entitlement assistance, expedited Ongoing entitlement processing, and waive application processing fees for The building permit fees were waived for the Seaview Lutheran Plaza developments in which 5 percent of units Project. Planning Staff has assisted as a liaison between the applicant and are affordable to extremely low-income the Building Division to assist in resolving Building Code issues during the households. To be eligible for a fee waiver, plan check process for the Seaview Lutheran Plaza Project which is also the units shall be subject to an affordability helping with expediting their permit processing. Planning Staff assisted covenant for a minimum duration of 30 with coordinating plan check and expediting permitting for the Newport years. The affordable units provided shall Veterans project. be granted a waiver of park in -lieu fees (if applicable) and traffic fairshare fees. 715 �7 PROGRAM STATUS 2.1.6 Affordable housing developments providing Ongoing units affordable to extremely low-income households shall be given the highest See status of Program 1.1.2. priority for use of Affordable Housing Fund monies. 2.2.1 Maintain a brochure of incentives offered by Ongoing the City for the development of affordable housing including fee waivers, expedited A brochure is maintained and provided on the City website and in the processing, density bonuses, and other public lobby. incentives. Provide a copy of this brochure at the Planning Counter, the website and also provide a copy to potential developers. 2.2.2 The City shall provide more assistance for Ongoing projects that provide a higher number of affordable units or a greater level of This program was considered in evaluating the proposals for the RFP and affordability. At least 15 percent of units choosing the projects described in Program 1.1.2. shall be affordable when assistance is provided from Community Development Block Grant (CDBG) funds or the City's Affordable Housing Fund. 2.2.3 For new developments proposed in the Ongoing Coastal Zone areas of the City, the City shall follow Government Code The City uses Chapter 20.34 "Conversion or Demolition of Affordable Section 65590 and Title 20. Housing" by monitoring demo requests and permits. 1. No applicable projects were submitted in 2017. 2. Resulting from Mello Act Compliance for the Echo Beach project approved in 2014, six existing studio units at 305 E. Bay Avenue were being remodeled to be converted to very -low and low-income rental units in 2016. The units were available to rent in 2017. 76 .o PROGRAM STATUS 2.2.4 All required affordable units shall have Ongoing restrictions to maintain their affordability for a minimum of 30 years. Staff continues to include this affordability restriction as a standard condition on all affordable housing projects, unless an otherwise longer affordability covenant is agreed upon. The Newport Veterans Project will have an affordability requirement of 50 years and the Seaview Lutheran project will add 30 additional years to their existing requirement, resulting in a new expiration date of 2069. 2.2.5 Advise and educate existing landowners Ongoing and prospective developers of affordable housing development opportunities A brochure has been created and distributed that outlines development available within the Banning Ranch, Airport incentives and entitlement assistance available in the City. The brochure Area, Newport Mesa, Newport Center, is maintained at the public counter and on the City website. Mariners' Mile, West Newport Highway, and Balboa Peninsula areas. 2.2.6 Participate in other programs that assist Ongoing production of housing. City staff attends OCHA Cities Advisory Committee meetings to keep up- to-date with programs that assist in the production of housing. 2.2.7 New developments that provide housing for Ongoing lower-income households that help meet regional needs shall have priority for the In 2017, the Newport Crossing project, a 350 -dwelling unit mixed-use provision of available and future resources development, was submitted within the Airport Area under the Residential or services, including water and sewer Overlay of the Newport Place Planned Community. The proposed project supply and services. includes 52 lower income units. The Environmental Impact Report and the site development review will assess the priority of services for the project. 2.2.8 Implement Chapter 20.32 (Density Bonus) Ongoing of the Zoning Code and educate interested developers about the benefits of density Implement as projects are submitted. Density Bonus information and bonuses and related incentives for the incentives are included in an informational brochure for the public. In development of housing that is affordable to 2017, the Newport Crossing project, a 350 -dwelling unit mixed-use very low-, low-, and moderate -income development, was submitted within the Airport Area under the Residential households and senior citizens. Overlay exempting the 10 -acre site requirement. The development utilizes a 35 -percent density bonus and includes units affordable to lower- income households. The project application is currently under review. 7:7 41 PROGRAM STATUS 2.3.1 Study housing impacts of proposed major Ongoing commercial/industrial projects during the development review process. Prior to In conjunction with the environmental review required under the California project approval, a housing impact Environmental Quality Act (CEQA), potential impacts to population, assessment shall be developed by the City housing, and employment is reviewed and analyzed. Recent development with the active involvement of the trends have consisted of redevelopment of commercial and industrial sites developer. Such assessment shall indicate for residential development or mixed-use, which has created new housing the magnitude of jobs to be created by the opportunities in the City. No major commercial/industrial projects project, where housing opportunities are submitted in 2017. expected to be available, and what measures (public and private) are requisite, if any, to ensure an adequate supply of housing for the projected labor force of the project and for any restrictions on development due to the "Charter Section 423" initiative. 3.1.1 Provide a streamlined "fast-track' Ongoing development review process for proposed affordable housing developments. The City will prioritize the development review process for all affordable housing projects. The renovation for the Newport Veterans project, the Seaview Lutheran rehabilitation and any Senior Home Repair Program rehabilitation projects were provided "fast-track' plan check. 3.1.2 When a residential developer agrees to Ongoing construct housing for persons and families of very low, low, and moderate income The City considers Density Bonuses and other incentives on a project -by - above mandated requirements, the City project basis. Chapter 20.32 Density Bonus is included in the Zoning Code shall either (1) grant a density bonus as and is implemented as projects are submitted. required by state law, or (2) provide other incentives of equivalent financial value. M 42 PROGRAM STATUS 3.1.3 Develop a pre -approved list of incentives Ongoing and qualifications for such incentives to promote the development of affordable Waivers and incentives are considered by the Planning Commission and housing. Such incentives include the waiver City Council on a project -by -project basis. Staff received information from of application and development fees or HCD on examples of pre -approved incentive programs from the City of modification to development standards Los Angeles and the City of Anaheim. Staff will continue research with (e.g., setbacks, lot coverage, etc.). HCD to develop pre -approved incentives. No waivers or incentives were granted during the 2017 calendar year. 3.2.1 When requested by property owners, the Ongoing City shall approve rezoning of developed or vacant property from nonresidential to The City continually monitors requests for zone changes of vacant and residential uses when appropriate. These developed properties from nonresidential to residential and approves rezoned properties shall be added to the list when determined to be compatible and feasible. When approved, these of sites for residential development. sites are mapped for residential uses on both the Zoning District Map and General Plan Land Use Map. In 2012, the City adopted an amendment to the North Newport Center Planned Community and approved an additional 79 residential units for construction within North Newport Center. The amendment now allows for the total construction of up to 524 residential units within the San Joaquin Plaza sub -area. On December 12, 2013, plans were submitted for the construction of a 524 -unit apartment complex and building permits and demolition permits were issued in November 2014. Construction commenced in late 2014 and was completed in Summer 2017. �J 43 PRO, -M STATUS 3.2.2 Recognizing that General Plan Policy Ongoing LU6.15.6 may result in a potential constraint to the development of affordable housing in In 2017, the Newport Crossing project, a 350 -dwelling unit mixed-use the Airport Area, the City shall maintain an development, was submitted within the Airport Area under the Residential exception to the minimum 10 -acre site Overlay exempting the 10 -acre site requirement. The development utilizes requirement for projects that include a a 35 percent density bonus and includes units affordable to lower-income minimum of 30 percent of the units households. The project application is currently under expedited review. affordable to lower-income households. It is recognized that allowing a smaller 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 amenities (i.e. parks) and/or necessary improvements (i.e. pedestrian walkways). Therefore, it is imperative that the exception includes 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. :I 44 PROGRAM STATUS 3.2.3 The City will encourage and facilitate Ongoing residential and mixed-use development on vacant and underdeveloped sites listed in Appendix H3 is the Sites Analysis and Inventory which identifies sites that Appendix H3 by providing technical can be developed for housing within the planning period and that are assistance to interested developers with site sufficient to provide for the City's share of the regional housing need identification and entitlement processing. allocation to provide realistic opportunities for the provision of housing to The City will support developers funding all income segments within the community. Appendix H3 can be found in applications from other agencies and the Housing Element available at the Planning Division or online at programs. The City will post the Sites http://www.newportbeachca.gov/index.aspx?paqe=2087 Analysis and Inventory on the City's webpage and marketing materials for The City has completed the following: residential and mixed-use opportunity sites, and will equally encourage and market the 1. A user-friendly Sites Analysis and Inventory is on the City's website. sites for both for -sale development and 2. A brochure is available on the website and in the public lobby that rental development. To encourage the promotes the incentives and opportunities for affordable housing development of affordable housing within projects, which includes information of the City's Sites Analysis and residential and mixed-use developments, Inventory. the City shall educate developers of the 3. A layer and note has been added in the City's Geographic Information benefits of density bonuses and related System (GIS) to identify sites within the inventory to assist staff in incentives, identify potential funding providing information to interested developers. opportunities, offer expedited entitlement processing, and offer fee waivers and/or The City will encourage density bonus and offer incentives to interested deferrals. developers. NA 45 PROGRAM STATUS 3.2.4 The City will monitor and evaluate the Ongoing development of vacant and underdeveloped parcels on an annual basis, and report the During 2017, the City's strategies for encouraging the development of success of strategies to encourage identified vacant and underutilized sites are proving successful. The City residential development in its Annual has approved development projects for the three vacant sites identified in Progress Reports required pursuant to the Sites Inventory and Analysis: 1. Building permits were issued for the Government Code 65400. If identified development of six detached residential condominiums units on the strategies are not successful in generating Corona del Mar site. Construction is anticipated to begin in 2018. development interest, the City will respond to market conditions and will revise or add The City also has significant projects on sites identified as underutilized: additional incentives. Uptown Newport was approved in February 2013, includes the development of 1,244 residential dwelling units The Uptown Newport PC requires densities between 30 du/acre and 50 du/acre, consistent with the densities of the General Plan, and allows additional density opportunities with a density bonus. The construction of the first phase is was underway with the building permits for the construction of 455 apartment units including 91 very low income units issued in May 2017. The VUE Newport formally known as Newport Bay Marina project was identified as an underutilized site. The project was approved by the City in 2007 and the Coastal Commission in 2009, and permitted the development of 27 residential condominium units and 36,000 square feet of commercial floor area. The units were completed and for sale in 2017. Koll Center Newport has an active application for the development of 260 for -sale condominium units. The application has been deemed complete and the environmental review process is underway. PROGRAM STATUS 4.1.1 Annually contact owners of affordable units Ongoing for those developments listed in Table H12 as part of the City's annual monitoring of Staff maintains an updated contact list for affordable units in conjunction affordable housing agreements to obtain with the 2014-2021 Housing Element. LDM Associates (consultant) information regarding their plans for included this information that was sent to the owners as a part of the continuing affordability on their properties, annual monitoring. During the RFP process for the expenditure of the inform them of financial resources available, affordable housing funds, the City and LDM reached out to the owners of and to encourage the extension of the the existing affordable housing units within the City and there was no affordability agreements for the interest to extend the existing affordable housing covenants except from developments listed in Table H12 beyond Seaview Lutheran (See Program 1.1.2 for details). the years noted. 4.1.2 The City shall maintain registration as a Ongoing Qualified Preservation Entity with HCD to ensure that the City will receive notices from The City of Newport Beach is registered as a Qualified Preservation Entity all owners intending to opt out of their with HCD in 2012. When notification is received, City staff will evaluate the Section 8 contracts and/or prepay their potential use of monies to preserve the affordable units. HUD insured mortgages. Upon receiving notice that a property owner of an existing affordable housing development intends to convert the units to a market -rate development, the City shall consult with the property owners and potential preservation organizations regarding the potential use of Community Development Block Grant (CDBG) funds and/or Affordable Housing Fund monies to maintain affordable housing opportunities in those developments listed in Table H12 or assist in the non-profit acquisition of the units to ensure long-term affordability. Ma 47 PROGWM STATUS 4.1.3 Continue to maintain information on the Ongoing City's website and prepare written communication for tenants and other Pamphlets informing prospective tenants and landlords about the Orange interested parties about Orange County County Housing Authority (OCHA) Section 8 program have been made Housing Authority Section 8 opportunities to available in the public lobby and information is posted on the City website. assist tenants and prospective tenants to acquire additional understanding of housing law and related policy issues. MI LUC PROGRAM STATUS 4.1.4 Investigate availability of federal, state, and Ongoing local programs and pursue these programs, if found feasible, for the preservation of The City attends OCHA meetings and has continued to investigate existing lower-income housing, especially available programs and evaluate the feasibility of participating in such for preservation of lower-income housing programs. that may convert to market rates during the next 10 years. In addition, continually The Newport Veterans project worked directly with OCHA to obtain promote the availability of monies from the project -based Veterans Affairs Supportive Housing (VASH) vouchers. Affordable Housing Fund as a funding Orange County is provided VASH vouchers which are distributed to the source for the preservation and Cities via OCHA. The project was awarded the project -based VASH rehabilitation of lower-income housing. A list vouchers in 2016. Renovations of the units began in 2017 and lease up of these programs, including sources and of the project -based voucher units is anticipated in Spring 2018. funding amounts, will be identified as part of this program and maintained on an ongoing Additionally, the project received Veterans Housing and Homelessness basis. Prevention (VHHP) funding through the Department of Housing and Community Development. W PROGRAM STATUS 4.1.5 The City shall inform and educate owners of Ongoing affordable units of the State Preservation Notice Law (Government Code Section Staff and LDM Associates (consultant) were able to coordinate meetings 65863.10-13), if applicable. Pursuant to the and phone calls with property owners of existing units subject to affordable law, owners of government -assisted housing covenants or agreements. The owners were not interested in projects cannot terminate subsidy contract, extending the existing affordable housing covenants. Staff worked with prepay a federally -assisted mortgage, or LDM to provide a notice to potentially affected property owners. The notice discontinue use restrictions without first was mailed out on February 25, 2016. providing an exclusive Notice of Opportunity to Submit an Offer to Purchase. Owners Additionally, LDM discovered that one of the expiring affordable housing proposing to sell or otherwise dispose of a covenants did not provide the state law required noticing to their tenants. property at any time during the 5 years prior In May 2017, LDM notified the owner and management of 1544 Placentia to the expiration of restrictions must provide Avenue and as a result, the expiration date of the affordability covenant this Notice at least 12 months in advance was extended to meet state law noticing requirements. unless such sale or disposition would result in preserving the restrictions. The intent of the law is to give tenants sufficient time to understand and prepare for potential rent increases, as well as to provide local governments and potential preservation buyers with an opportunity to develop a plan to preserve the property. This plan typically consists of convincing the owner to either (a) retain the rental restrictions in exchange for additional financial incentives or (b) sell to a preservation buyer at fair market value. 4.1.6 In accordance with Government Code Ongoing Section 65863.7, require a relocation impact report as a prerequisite for the closure or Zoning Code Section 20.28.020 ensures compliance with the Government conversion of an existing mobile home park. Code Section. No relocation impact reports were proposed in 2017. 50 PROGRAM STATUS 4.1.7 Participate as a member of the Orange Ongoing County Housing Authority Advisory Committee and work in cooperation with the Staff attends the quarterly meetings of the OCHA Cities Advisory Orange County Housing Authority to Committee. provide Section 8 Rental Housing Assistance to residents of the community. Staff continually works in cooperation with the County to provide Section 8 The City will, in cooperation with the rental housing assistance to residents. Housing Authority, recommend and request use of modified fair -market rent limits to A link to the Orange County Housing Authority website has been placed increase the number of housing units within on the City website to provide information on the Section 8 program. the City that will be eligible to participate in the Section 8 program. The Newport Beach City staff worked closely with OCHA staff to facilitate the award of the Planning Division will prepare and Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport implement a publicity program to educate Shores project (See Program 4.1.4) and encourage landlords within the City to rent their units to Section 8 Certificate holders, and to make very low-income households aware of availability of the Section 8 Rental Housing Assistance Program. 4.2.1 Implement and enforce the Water Efficient Ongoing Landscape Ordinance and Landscape and Irrigation Design Standards in compliance The Newport Veterans project will incorporate water -efficient landscapes. with AB 1881 (2006). The ordinance establishes standards for planning, designing, installing, and maintaining and managing water -efficient landscapes in new construction and rehabilitated projects. MA 51 PROG WM STATUS 4.2.2 Affordable housing developments that Ongoing receive City assistance from Community Development Block Grant (CDBG) funds or The Newport Veterans project and the Seaview Lutheran project will use from the City's Affordable Housing Fund energy efficient appliances and devices. shall be required, to the extent feasible, include installation of energy efficient appliances and devices, and water conserving fixtures that will contribute to reduced housing costs for future occupants of the units. 4.2.3 Investigate the feasibility and benefits of Ongoing using a portion of its CDBG or other local funds for the establishment and Continuously monitor requests for assistance and Code Enforcement implementation of an energy conserving quarterly reports to determine need. No projects in 2017. home improvements program for lower- income homeowners. 4.2.4 Maintain a process for LEED certified staff Ongoing members to provide development assistance to project proponents seeking In 2017, the City staff included one LEED accredited staff member who LEED certification, which will in turn was available to provide technical assistance when requested. increase the LEED points granted to projects. 4.2.5 To encourage voluntary green building Ongoing action, the City shall maintain a green recognition program that may include public Staff will work on construction of a new webpage that will provide recognition of LEED certified buildings (or recognition to LEED certified buildings by displaying their project with equivalent certification), payment of a pictures and their name or other information they would want advertised. display advertisement in the local An informational flyer is also being drafted to encourage green building newspaper recognizing the achievements of that will advertise the new webpage and will be provided in the public a project, or developing a City plaque that lobby. will be granted to exceptional developments. :: 52 PROGRAM STATUS 5.1.1 Apply for United States Department of Ongoing Urban Development Community Development Block Grant funds and Through the approved Action Plans for Fiscal Year 2017-2018, the City allocate a portion of such funds to sub- allocated funding to the following organizations to preserve the supply of recipients who provide shelter and other emergency and transitional housing: Families Forward, StandUp for Kids services for the homeless. Orange County, and Fair Housing Foundation. 5.1.2 Cooperate with the Orange County Housing Ongoing Authority to pursue establishment of a Senior/Disabled or Limited Income Repair The City refers low-income residents to Orange County for rehabilitation of Loan and Grant Program to underwrite all or mobile homes, to Neighborhood Housing for first time buyer programs, part of the cost of necessary housing and to Rebuilding Together for handyman service for low-income and modifications and repairs. Cooperation with senior households. the Orange County Housing Authority will include continuing City of Newport Beach The City Council awarded Affordable Housing Funds for an agreement participation in the Orange County with Habitat for Humanity Orange County (Habitat OC) granting up to Continuum of Care and continuing to $600,000 to establish a critical home repair program for lower-income provide CDBG funding. seniors (Senior Home Repair Program). It is estimated that approximately 30 repair projects will be completed at various locations throughout the City. Four projects were completed in 2017 and three were in the application process in 2017 with additional inquiries in the application phase See Program 1.1.2). 5.1.3 Permit, where appropriate, development of Ongoing senior accessory dwelling "granny' units in single-family areas of the City. The City will In 2017, the City amended its regulations to permit the development of promote and facilitate the development of Accessory Dwelling Units (ADUs) in single-family residential zoning senior accessory dwelling units by providing districts to conform with changes in State Law. The adopted regulations brochures and/or informational materials at became effective on September 7, 2017. By December 2017, there were the building permit counter, online, and five accessory dwelling units (one new construction and four conversions) other appropriate locations detailing the in the plan check process under the new regulations. benefits and the process for obtaining approval. 53 PROG WIVI STATUS 5.1.4 Work with the City of Santa Ana to provide Ongoing recommendations for the allocation of HUD Housing Opportunities for Persons with The management of the HOPWA funds transferred from Santa Ana to AIDS (HOPWA) funds within Orange Anaheim in 2016. As a result, City staff will stay up to date on services County. provided with HOPWA funds and Ryan White Program funds through the HIV Planning Council meeting agendas. If needed, City staff will attend the related budget allocation meetings which are usually held in August or September of each year. 5.1.5 Maintain a list of "Public and Private Ongoing Resources Available for Housing and Community Development Activities." City maintains a list of resources that are available for housing and community development activities. A list of resources and links are provided on the City's website. 5.1.6 Encourage the development of day care Ongoing centers as a component of new affordable housing developments, and grant additional No projects were submitted that included the establishment of a day care incentives in conjunction with a density center. bonus per the Chapter 20.32. 54 PROGRAM STATUS 5.1.7 Encourage senior citizen independence Complete through the promotion of housing services related to in-home care, meal programs, The City provided $26,900 in CDBG funds to Age Well Senior Services Home and counseling, and maintain a senior delivered meals program. The Mobile Meals program provides home - center that affords seniors opportunities to delivered meals to individuals who are homebound due to age, illness, or live healthy, active, and productive lives in disability. the City. The City also operates the Oasis Senior Center. Services include: • A multi-purpose center owned and operated by the City of Newport Beach in partnership with the Friends of OASIS nonprofit dedicated to meeting needs of senior citizens and their families. • Classes in art, health & fitness, music & dance, foreign languages, technology, enrichment, and much more. • A state-of-the-art fitness center for those ages 50+ which provides a safe, comfortable, senior -friendly exercise environment for the active older adult including access to hire a personal trainer for individualized programs. Separate membership required to join. • Regularly scheduled low-cost special events and socials such as luncheons, concerts, BBQs, a talent show and volunteer recognition. • Travel department coordination of day and overnight trips. • Curb -to -curb transportation program for residents of Newport Beach ages 60+ who are no longer driving to use for medical appointments, grocery shopping, banking, and to attend OASIS classes (fee required). • Social services information and referral for seniors and their families dealing with a need for caregiver services, housing, transportation, work resources, legal matters, and more. Informational and supportive counseling is available to seniors and their family members on an individual basis. • Various health resources and screenings for seniors, including flu shots, blood pressure, memory screenings, hearing screenings, and health insurance counseling services. • Regularly scheduled support group meetings at the Center to help senior citizens and their families cope with stress, illness, life transitions, and crises. • Lunch program for active and homebound senior citizens ages 60 and older that is funded by the federal government through the Older American Act. A donation is requested for meals, which are provided by Age Well Senior Services. 9:L 55 PROGRAM STATUS 5.1.8 The City shall work with the Regional Ongoing Center of Orange County (RCOC) to implement an outreach program informing Information was added to the City website under Housing Assistance families within the City of housing and regarding resources through the RCOC which began implementation of an services available for persons with outreach program. The City remains in contact with RCOC on developmental disabilities. Information will implementing outreach programs as they are developed. The City works be made available on the City's website. with the housing consultant at the RCOC. When projects are submitted The City shall also offer expedited permit they will be offered expedited permit processing and the possibility of fee processing and fee waivers and/or deferrals waivers. to developers of projects designed for persons with physical and developmental disabilities. 6.1.1 Contract with an appropriate fair housing Ongoing service agency for the provision of fair housing services for Newport Beach The City contracted with the Fair Housing Foundation to provide these residents. The City will also work with the services. The Fair Housing Foundation provided the following trainings, fair housing service agency to assist with seminars, and outreach activities in the City in 2017: the periodic update of the Analysis of • Three Community Booths — 6/15/17, 8/1/17, and 10/21/17 Impediments to Fair Housing document • Three Presentations -4/13/17, 5/11/17, 6/6/17 required by HUD. The City will continue to . Two Tenant Rights Workshops — 3/1/17 and 12/7/17 provide public outreach and educational • Two Landlord Workshops — 4/27/17 and 10/25/17 workshops, and distribute pamphlets . Two Management Trainings — 6/1/17 and 11/21/17 containing information related to fair housing. Pamphlets containing information on Fair Housing and Dispute Resolution Services are available at the public counter. 7.1.1 As part of its annual General Plan Review, Ongoing the City shall report on the status of all housing programs. The portion of the This annual Housing Element Report will be submitted to HCD. Annual Report discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California state law. 92 Planning Commission - March 8, 2018 Item No. 8a Additional Materials Received 2017 General Plan Status and Progress Report From: SPON: Stop Polluting Our Newport To: Planning Commissioners Subject: 2017 GENERAL PLAN STATUS AND PROGRESS REPORT (PA2007-195) Date: Wednesday, March 07, 2018 1:48:23 PM Attachments: SPON COMMENTS Planning Session 180226 odf Dear Chair Koetting and members of the Planning Commission, SPON looks forward to the Planning Comanission's thoughtful review of the state of the City's General Plan in Item 8 on the March 8 agenda. In connection with the Community Development Department's February 26 "Open House and Community Forum," SPON suggested in the attached letter a number of questions related to the City's execution of the Implementation Programs adopted in 2006. Unfortunately, the format of that forum did not permit the hoped for dialog on most of them, and they remain unanswered. We hope you will consider asking some of these questions of City staff. Appreciatively, Dorothy Kraus Vice President ❑® SPON PO Box 102 1 Balboa Island, CA 92662 www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org Facebook SPON-Newport Beach I Twitter @SPONNewport . .i A 501(c)(3) non-profit public education organization working to protect and preserve the residential and environmental qualities of Newport Beach. qualities of Newport Beach. Planning Commission - March 8, 2018 Item No. 8a Additional Materials Received 2017 General Plan Status and Progress Report SPON COMMENTS FOR PLANNING DEPARTMENT OPEN FORUM — 2/26/18 Dear Director Jurj is: Thank you very much for the opportunity to meet with and start a conversation with the Community Development Department, and in particular its Planning Division, as there have been so many changes in leadership recently — as well as so much interest in land use decisions by the community. Although there are a mind-boggling number of details we could and may want to discuss further, for the purposes of this meeting we would like to have you consider presenting some information about the following matters which essentially have to do with Chapter 13, the Implementation Program, of the City's General Plan. • Starting on the first page of the Implementation Program, a Development Management System is described which is supposed to "encompass the policy and regulatory documents and procedures that guide land use development and resource conservation in accordance with the goals and policies specified by the General Plan." The word System implies a systematic approach and we wonder if you can be more explicit about how you implement and monitor this system. In particular, how do we ensure this System of regulatory documents reflects the citizens' (and Council's) current vision of the City? And how do we ensure individual project applications comply with them? • Imp 1.2 Update and Revise the General Plan to reflect Changing Conditions and Vision. This Implementation includes the statement that: "Fundamentally, this should sustain the City's intentions to be a residential community, balanced with supporting retail uses, job opportunities ....... In our view, recent developments which have been rejected by the community do not seem to reflect attention to this policy. Many of us believe that too often a project that is not consistent with the vision as a "residential community" and various descriptions of what that is, is allowed to proceed through the planning process only to result in lawsuits or referendums. Is there a way that you think members of the residential community can be more effective at the planning level? Planning Commission - March 8, 2018 Item No. 8a Additional Materials Received 2017 General Plan Status and Progress Report • Imp 2.1 Amend the Zoning code for Consistency with the General Plan. d. This Implementation states in part: "Review and amend the Code, as necessary, to achieve specific objectives of the General Plan such as ., ..........more environmentally sustainable buildings and site planning.". Many of us have been concerned that the City does not yet have a Sustainability Element for our General Plan to guide the Zoning (and Building?) Code revisions and Nancy Gardner has facilitated a planning process and proposed element. We wonder if the Planning Department has any information as to the status of that plan? • Imp 3.1 Implementation of New Specific Plans. This Implementation Plans says: "Specific Plans may also be considered to implement the regulatory planning requirements far the residential villages for the Airport Area and the integration of the mix of medical -related, housing, commercial and industrial uses in West Newport Mesa. In these cases the Specific Plans would serve as an important tool to guide the development of multiple properties into a cohesive district." In our view these two areas especially need the guidance of a vision plan to carry out an optimal built environment for future residents and businesses. While the specific plans for these areas are still lacking, developers see an opportunity and bring piecemeal development plans to be processed. The effect of that is spot zoning to benefit the developer but at the detriment of the community in general. What can we do to make this important planning happen? IN ADDITION TO THE ABOVE, many people in the community are concerned with the answers to some difficult questions: 1. The development allocation tables in the General Plan, in particular Tables LUl and LU2 of the Land Use Element, do not appear to reflect the reality of land uses that have been approved in the City since 2006. For example, in Statistical Area L1 (Newport Center), alone, they do not reflect the removal of office potential in San Joaquin Plaza and its replacement with housing, the removal of the hotel expansion opportunities promised in the General Plan and its replacement with new office entitlements at the PIMCO and TIC HQ Tower sites, or the removal of tennis court opportunities and their replacement with other allowed uses. Not only does this seem to contradict the idea of the General Plan as the ultimate authority on allowed development in the City, but it is of immediate concern to citizens, and especially SPON, because our Greentight protections rely on those tables being kept up to date with timely amendments reflecting each new proposal that exceeds the limits previously approved by voters. Without that, questions of whether a Museum House or a PIMCO Tower proposal needs a Greenlight vote are inevitably going to lead to great public discord and legal exposure to the City. What can citizens and the Planning Division do to bring the Land Use Tables of the General Plan up to date to accurately reflect which limits have been approved by voters and which have not, and put Greenlight back on its proper track? 2. Closely related to this, and assuming the General Plan allocation tables can be brought up to date, there is a widespread concern that citizens and decision makers have no clear picture of how close the current built environment is to the 2 Planning Commission - March 8, 2018 Item No. 8a Additional Materials Received 2017 General Plan Status and Progress Report limits in those tables — that is, how much development potential is left — a transparency effort that seems to have been long promised in Implementation Program 10, Database Management and Development Tracking and Monitoring. What progress is being made in bringing that information to citizens and decision makers? as well as many simpler ones, such as: 3. What is the City doing to address the concerns about mansionization? A discussion about homes being built too big and too close together in the Cliff Haven area was scheduled and then canceled. What is the status of that? 4. How does the City incorporate the desires of the residents into its planning decisions? 5. City staff has indicated that they have no authority to decline an application and have to process any application for any project that comes to them. In some cases this seems to result in a waste of staff time which could have been avoided with more clear policies. Are there other cities which have a better way of dealing with that issue? 6. How can we avoid the impression of planners being advocates solely for the development applicants? Obviously, there are many more issues and questions to be considered as the new year gets underway and we thank you, as always, for Planning Division staff's willingness to meet with us as we all try to do justice to our City's future. Sincerely, Dorothy Kraus Vice President, SPON SPON PO Box 102 1 Balboa Island, CA 92662 1 VM/Text 949.864.6616 SPONNB.oro I Facebook (d),SPONNB I YouTube Twitter (c SPONNEWPORT I Instaaram Ca SPONNEWPORT Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received 2017 General Plan Status and Progress Report From: Jim Mosher 7o: Planning Commissioners Subject: Comments on PC agenda Item 8 (Mar. 8, 2018, agenda) Date: Wednesday, March 07, 2018 4:33:27 PM Attachments: 2018March8 PC Aaendaltem8 Comments ]imMosher odf Dear Planning Commissioners, Please find attached some written comments on March 8's Item 8 (the General Plan status report). Yours sincerely, Jim Mosher Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received 2017 General Plan Status and Progress Report March 8, 2018, Planning Commission Item 8 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( iimmosherOyahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 8. 2017 GENERAL PLAN STATUS AND PROGRESS REPORT (PA2007-195) This comment is in two parts because the totality of promises made in the various Implementation Programs is rarely evident from the brief captions and examples provided in the report (Attachment PC 2), and can instead often be discerned only by reading the full programs, and the prefatory material leading up to them, in the Implementation Program (Attachment PC 1). Based on a partial reading the Implementation Program, the first part of these comments expresses my own citizen's view of the status of the City's General Plan, and its compliance with it, much of which I think is missing from the City's report. The second critiques the posted staff report, and, for the most part, rather than repeating what I think is missing, notes only what seem to me errors in what is said. Given the length of the documents being reviewed, and the complexity of the issues touched upon within them, both sections remain incomplete, but especially Part 1. Part 1: Thoughts on Reading Attachment PC 1 General Plan Implementation Program (General Plan Chapter 13) At its most basic level, the fact the City makes so little effort to maintain its General Plan in a transparent way suggests the General Plan is not taken as seriously as it could and should be. • No printed copies of the complete current GP appear to be available for review. • The online version is posted in multiple PDF's (lacking individual Tables of Contents) with most of the illustrations segregated out in separate files (but without links to them), making it difficult to follow. • The PDF's appear to have been prepared using subtly different formatting than the now out -dated printed "July 25, 2006" copies held by the City's libraries, causing the page numbers to frequently differ and making it especially difficult to tell what, if anything, in the text has changed. • What purports to be the online Table of Contents appears to be a facsimile of the TOC in the 2006 library copy, which means it does not match the page numbers in the slightly differently formatted online elements, and has no connection with such things as the current Housing Element (twice replaced since 2006 — the most recent incarnation of which does, to its credit, contain a TOC and the illustrations). • It contains no place to record changes to it. Hence to discover what has changed, and when, one has to rely on a cumbersome, non -transparent, non -self-explanatory (and now barely functional) external list of online links to General Plan Amendments. However, that list is incomplete, since it does not list changes to the development limits Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W:Ftftand Progress Report and conceivably policies, rightly or wrongly, not regarded by the City as GPA's. These include such things as staffs addition of 300,000 sf of development potential to Newport Coast (approved with Planning Commission Resolution 2030 in 2016), and numerous transfers and "conversions" purportedly altering the development limits listed in the GP Land Use tables but shown nowhere in the General Plan (the failure to show these in the tables is a very serious concern since it evades the Greenlight assumption that all modifications to the Plan would be memorialized by amendments to it). There is also no way for the public to know if administrative "corrections" to the plan, not discussed or disclosed at any public meeting, have been made since 2006. • This may be contrasted with other significant documents maintained by the City, such as most Planned Community texts, and by other agencies, such as the JWA Access Plan, in which each change since adoption is carefully footnoted and explained (or, for that matter, the City's own Zoning Code, which includes extensive annotations and a complete Ordinance List — recognizing changes can be made only by ordinance). • The present ongoing review does not appear in the case loq of current Planning Division activities. Compounding this apparent lack of concern about making the current General Plan, including the currently applicable development limits, a transparently available document, the City, in both project approvals and reviews like this, frequently displays what appears to be an attitude (undoubtedly common in other bureaucracies) of feeling compliance has been demonstrated if one or more instances of compliance can be found, while failing to reflect on policy promises that have not have been fulfilled, and worse, ignoring actions taken in clear non-compliance with the stated policies. To demonstrate this lax sense of the meaning of "compliance," one does not have to read beyond the second paragraph of the introduction to the Implementation Program (Chapter 13), as reproduced on handwritten page 5 of the staff report: "The programs described herein may change over time" and "the General Plan Progress Report required to be prepared annually, as described in Imp 1.3 below, should review the continuing applicability of the programs and update this list as necessary." Conditions have certainly changed since Chapter 13's adoption in 2006, but I find so such review in the current Report, and to the best of my knowledge, not a single update to any program — not even a correction of spelling or punctuation -- has ever been made. To me, that lack of reflection hardly seems like compliance. Regarding the specific programs described in Chapter 13 of the General Plan (Attachment PC 1): Imp 1.1 (handwritten page 6): Although ignored in staffs review, I have a problem with the very first sentence: "a city's decisions regarding its physical development must be consistent with the adopted General Plan." The Newport Beach General Plan chooses to set clear limits for allowable development in each area, including "Anomalies". Yet the City has a recent history of approving projects whose allowed development exceeds and is inconsistent with the stated Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W ftftand Progress Report limits. For example, nothing in Tables LU1 and LU2 of the Land Use Element explains how 524 dwelling units could have been approved at Villas Fashion Island in Anomaly 48, or a 387,500 square foot PIMCO Tower in Anomaly 40, or the 347,552 sf Irvine Company HQ Tower in Anomaly 39. Conversely, Table LU2 lists substantially more hotel rooms being allowed in Newport Center than staff says are "actually' allowed. Past Community Development Department administrations dismissed this problem by referring to the limits stated in the General Plan as a mere "snapshot in time," with the true limits known and carefully tracked by City staff. That does not seem to me an attitude of regarding the General Plan as the supreme land use document, with all others subordinate to it. As indicated earlier the failure to amend the General Plan Land Use Tables to justify approved development is at the center of an ongoing dispute with organizations like SPON as to whether land use approvals such as those for the 150 Newport Center or Museum House project General Plan Amendments in Newport Center should have gone to an automatic Greenlight vote because of earlier approvals by the Council to convert voter -approved non-residential uses in Newport Center to 79 residential units, putting the new proposals over the Council's authority, under Greenlight, to add at most 100 units to a statistical area over any 10 year period. Moving on to the second paragraph, I am told the City's proposals for public works must be reviewed each year by the Planning Commission and that the City is supposed to have a "five- year Capital Improvement Program." Regarding the first, the last such review I recall was Item 2 on June 6, 2013. Regarding the second, does the City have a five-year Capital Improvement Program? I know it has a longer range Facilities Financial Plan (for replacement of buildings), but building replacements are only part of a City's project capital expenditures. And how can the lack of Planning Commission review since 2013 be regarded as compliance with the General Plan? Also in that paragraph, I learn the Planning Commission is supposed to be reviewing outside agencies plans for public works within the City limits. When was the last time the PC reviewed a Sanitation District project? The Orange Coast College Sailing Center bridge over PCH? Or the CdM High School Sports Complex? Imp 1.1 likewise raises the question of how compliance of private development with the General Plan is ensured. Given the attitude detailed above, I have to doubt the thoroughness of the compliance testing. Does Planning staff have a systematic list of project details that need to be compared against GP policies? And does Planning staff consider consistency with chapters other than the Land Use Element? In that connection, earlier reports listed the City's 2012 approval of development at Banning Ranch as an accomplishment. This year's report mentions in passing the City's 2017 repeal of those approvals. But it fails to mention the reason for the repeal, which was the California Supreme Court decision in Banning Ranch Conservancy v. City of Newport Beach, 2 Cal. 5th 918 (2017) — a decision that surely should have been cause for reflection regarding the City's land use approval process and compliance with the General Plan. The Supreme Court found the Banning Ranch EIR failed to properly disclose likely disagreements between the City and California Coastal Commission regarding the amount of Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W4Stftand Progress Report environmentally sensitive habitat area on the property (the City's attitude having been to approve the development and then let the CCC work out whether it was allowed). The Court found the EIR was inadequate, and would have to be rejected with or without guidance from a General Plan. As a result, it did not have to answer the question of whether the City followed its General Plan, including its Implementation Programs. Yet, that question was at the core of the dispute in the lower courts, where it was answered with conflicting conclusions. Although the trial court found the City had not followed its General Plan, in 2015, the Fourth District Court of Appeals (in 236 Cal. App. 4th 1341) took a very narrow, and apparently erroneous, view of the City's General Plan, noting (see 1348 in the page notations in the left hand margin of the display) that to delineate wetlands and habit in cooperation with state and federal agencies per Policy LU 6.5.6 the General Plan calls out Imp 14.7 ("Coordinate with the California Resources Agency, Department of Fish and Game") and Imp 14.11 ("California Public Utilities Commission") but not Imp 14.6 ("Coordinate with California Coastal Commission"). Surely the California Supreme Court decision should provide reason for the City to add Imp 14.6 to the procedures needed to delineate habitat, and to correct what the Fourth District Court seemed to obtuse to observe, namely that the references to Imp 14.11 ("California Public Utilities Commission") here, and in several other General Plan policies (LU 3.4, LU 6.3.2 and LU 6.5.3) were clearly typos, and were meant, instead, to encourage cooperation with federal agencies — presumably Imp 14.13 ("Coordinate with United States Fish and Wildlife Service") and possibly Imp 14.12 ("Coordinate with United States Army Corps of Engineers"), since both of those program descriptions specifically mention Banning Ranch habitat. And, rather shockingly, a directive to follow Imp 14.6 ("Coordinate with California Coastal Commission" which includes the City's own obligation to find development compliant with the California Coastal Act after certification of the LCP) does not appear to be called out as program needed to support policies anyvd7ere in the Land Use Element of the General Plan -- although it does appear repeatedly in the Harbor and Bay Element, and at one place in the Natural Resources Element (Policy NR 14.3 — where an erroneous reference to Imp 14.11 appears, once again). In fact, all the references in the body of the General Plan to Imp 14.11 ("California Public Utilities Commission") appear to be erroneous. See, for example, HB 7.2. They seem to have been intended to be references to either Imp. 14.12 or 14.3, or it that case possibly both. One can only wonder how many other erroneous citations to Implementation Programs exist in the body of the General Plan, and how many Programs are not cited as necessary to support a policy when they really are? More generally, the California Coastal Commission and Supreme Court decisions suggest that to comply with the Implementation Program's commitment to continuously adapt the General Plan to changing conditions, the entire narrative and policies regarding Banning Ranch in the GP needs to be rethought. Imp 1.2 (handwritten page 7): This program tells me that not just for the Implementation Program, but for the General Plan itself, changing conditions will be reviewed and policies Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP V§tftand Progress Report amended to retain their effectiveness, with the Public Infrastructure and Services Plans and Public Service Programs of the IP being particularly in need of frequent review and revision. While the Housing Element has been extensively revised twice since 2006, a very minor change made to the Safety Element, and many amendments applied to Table LU2 of the Land Use Element, I am not aware of any policy or other aspect of the General Plan — not even spelling or punctuation errors — having been changed since 2006. While it is true a series of revisions was proposed in 2014 contingent upon voter approval of the ill-fated Measure Y, the failure to actually make any changes since 2006 — and instead rely on some future "comprehensive update" —does not seem compliant to me. Imp 1.3: The last sentence of the first paragraph tells me "the Report mustspecify the degree to which the approved general plan complies vVth the General Plan Guidelines published by the Governors Office of Planning and Research (OPR) and the date of its last revision." I am not aware of the present report informing anyone of the date of the last revision of our City's General Plan or the extent to which it complies with the OPR's General Plan Guidelines. And since the OPR adopted completely new General Plan Guidelines in 2017, shouldn't that have triggered a reassessment of whether our Plan complies with them? Imp 2.1: Regarding the Zoning Code, this program notes "it is common practice for communities to revise theirzoning Wthin a 12- to 18 -month time period." Newport Beach clearly missed that target by taking four years to amend its Zoning Code to conform to the General Plan adopted in 2006. But in addition, it calls for revision of not just the Zoning Code, but also subservient documents. When were the City's Planned Community texts checked for consistency with the 2006 General Plan? Design Guidelines? And why were the specific plans praised in the 2006 GP removed from the Zoning Code rather than expanded and refined? Imp 3.1: The prefatory language to this program speaks with apparent pride of six existing specific plans the Zoning Code (as of 2006) and a placeholder for one expected to be developed for Corona del Mar. Only one of them, Santa Ana Heights, survived the 2010 update of the Zoning Code. Why is this? And why was there no follow-through on the projected new specific plans mentioned in Imp 3.1 (specifically, West Newport Mesa, which was not given a "Planned Community" option, and areas near the Airport not under common ownership)? [note: my Part 1 commentary ends here, barely into the Implementation Program, not because I'm out of comments, but because I'm out of time] Part 2: Thoughts on Reading Attachment PC 2 General Plan Annual Status Report Title page (handwritten 38), last sentence: "This report evaluates and provides the status of the General Plan pFevieled organized by each implementation program." Imp. 1.1 "2. In June 2017, the City Council confirmed that the 2017-2018 Fiscal Year Capital Improvement Program (CIP) vies consistent with the General Plan when it approved the CIP with the adoption of the budget." This is easy to say, but it does not sound right to me. I am Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W�tftand Progress Report unable to find any mention of the words "General Plan," let alone consistency with it, in anything related to the Council's June 13, 2017, adoption of the budget (agenda Item 14). Imp 1.2: "Staff reviews the General Plan on an ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions." Have these reviews resulted in any actions? I am not aware of any changes being recommended as a result of them. Imp 1.3: See comments in Part 1, above. This program promises to report the revision date of the City's General Plan, and the degree to which it complies with the latest OPR General Plan Guidelines. Imp 2.1: "Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City Council in October 2010." The IP asks for subservient documents such as Planned Community texts to be reviewed and updated, as well. Have they been? And regarding the Zoning Code, it lists five specific goals the update was supposed to accomplish. Were those goals achieved? Imp 3.1: "Within the Airport Area, Upto wn Newport and Koll Center also elected to do a Planned Community Development pursuant to Program 4.1." ["also" is no longer appropriate, since the sentence before this was dropped] Imp 4.1: "1. Uptown Newport —Approved February 2013, the Uptown Newport Planned Community (PC) was created (fGFnmlly formerly apart of the Koll Center Planned Community) ... The construction of the first phase is underway with the building permits for the construction of 455 apartment units including 91 affordable units wer-e issued in May 2017." In addition, the Planning Division's Case Log lists the Newport Dunes Hotel (PA2016-175) as seeking a PC, as well as the likely -now -abandoned request from the former ExplorOcean (PA2014-069). Imp 5.1: It is good to hear the City's Coastal Land Use Plan was amended in 2009 to achieve consistency with the General Plan that had been adopted in 2006, and that it is updated as changes are made to the GP. But based on the City's other performances, I doubt the consistency is perfect. And I find it curious the City Library doesn't have a single printed copy of the CLUP, old or new, in its catalog. Imp 7.1: "The 2017 California Building Code was adopted by the City in late 2017, and vias effective starting January 2018, as required by State Law." I do not believe this is correct. The state Building Code is updated in three year cycles. The City's version was adopted in 2013, and most recently as Item 4 on the Council's November 22, 2016, agenda (not 2017). 1 am unaware of it having been replaced by a 2017 edition. Imp 7.2: "The completion of updating the Fair Share Traffic fee has been put on hold until direction is determined regarding various iterations proposed by the General Plan/LCP Implementation Committee, project consultants and interested parties such as the Building Industry Association of Orange County." To the best of my knowledge, the General Plan/LCP Implementation Committee no longer exists. Why has no action been taken to complete this? Imp 8.1: It is unclear why the review of codes is confined to the ones listed, which Imp 8.1 says are simply "representative" of those needing review. Among those, the statement under "c" that Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W ftftand Progress Report harbor standards approved by the City Council in 2017 increased the required height of bulkheads to +10 Mean Low Low Water (MLLW) is interesting both in that may or may not be standard being used by the Planning Division in considering Coastal Development Permits, and in the event of sea level rise it is expressed in a system with a changing reference point related to the observed tides (MLLW) whereas planning approvals appear conditioned on adhering to heights in a fixed and unchanging geographically -based system (NAVD88). Imp 8.2: Considering the widespread concern over "mans ionization" many residents seem to be questioning whether the design standards of "b" have been adequate to achieve the objective of ensuring that residential redevelopment "complement[s] the character of existing development." Imp 9.1: The statement regarding Council Policy updates completed in 2017 is inaccurate. In addition to the updates mentioned, as part of the August 8, 2017, Item 18, the Council accepted a sub -committee recommendation "to revise 26, consolidate 17, and delete 16' policies. Nothing in the report or adopting resolution indicates that consistency with the General Plan was a consideration in that review or updating, or for that matter in the other policy updates made in 2017. Imp 10.1: If new layers were added in 2017, it would have seemed helpful to describe what they are. Imp 10.2: This program requires staff to track the amount of development capacity remaining under the current General Plan limits. The first paragraph, saying the information is available on an as -requested basis is a significant backtracking from last year's promise that "City staff is developing a user-friendly format that will be posted on the Planning Division website." The second paragraph confuses the tracking required by Imp 10.2 with the "Entitlement Tables" which, since 2001, have been required by Council Policy A-18 implementing Charter Section 423 (Greenlight). Both kinds of tracking are currently problematic because they relate to the development limits (and amendments to those limits) stated in the General Plan. But the City claims development is allowed to different a different set of limits established through non -General -Plan -amending transfers and conversions of the stated (and in some cases, voter approved) uses — something many citizens object to. Imp 11.1: As indicated in the first part of this written public comment, one would certainly think the 2017 California Supreme Court decision regarding the inadequacy of the Banning Ranch EIR would cause the City to reflect on the adequacy of its CEQA compliance policies. Imp 12.1: The accomplishments listed in the first sentence do not appear to be relevant to calendar year 2017. Imp 13.1: Should this item mention that the Museum House Development Agreement, listed as an accomplishment in the 2016 report, was repealed in 2017? Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generg6g�V9t Rand Progress Report Regarding the "Koll Center Newport" (actually "Koll Center Residences") project, who is doing the negotiating? In the past an "ad hoc" City Council subcommittee was appointed for that purpose, but I am not aware of any having been appointed in 2017. Imp 14.1: Why has City participation in borders committees not been maintained? Imp 14.6: What is the status of the "Fostering interest in Nature" program promised to the Coastal Commission to mitigate for the lack of low cost visitor serving accommodations at the Lido House Hotel? Imp 14.7: Michelle Clemente no longer seems to be with the City. Imp 14.8: 1 believe "Natural Resource Division" (for the Recreation and Senior Services Department) is meant to be "Natural Resources Division" (as in Imp 14.7). Regarding Accomplishment 3, there is a rumor that the Isopod went missing, but has been found and restored. Accomplishments 4 and 5 appear to be part of the same thing, and I am aware that despite this being listed as an accomplishment, some people feel the City's commitment to Snowy Plover habitat is inadequate near the mouth of the Santa Ana River, where unpermitted dog activity is allowed to persist. Imp 14.9: The two bullets appear to refer to the same thing. Imp 14.15: "The distribution facility vas relocated to Santa Ana and Anaheim. The Mariners Mile location maintains a drop-off box." This seems to me to be a complete misunderstanding, triggered by the incorrect use of the term "distribution facility" in the General Plan. To the best of my knowledge, the post office on Riverside Drive was never a regional distribution facility of the sort found in Santa Ana and Anaheim. It was simply a post office, and as far as I know it has not turned into a drop-off box or relocated to Santa Ana or Anaheim. It still has boxes and a service counter and has mostly just moved to a different part of the shopping center. Imp 14.11: As noted in the first part of these written comments, this is an interesting program in that a number of accomplishments are listed, but none of the General Plan policies appear to call on it to support them. It was presumably intended as a call -out to Policy NR 21.3 ("Overhead Utilities"), but that policy erroneously calls on Imp 14.13 ("Coordinate with United States Fish and Wildlife Service") and fails to cite Imp 31.1 ("Consider the Establishment of Community Facilities and Special Assessment Districts"). These kind of errors and oversights make one wonder if staff actually regards and uses the General Plan as an important controlling document that needs to be referred to in making day- to-day decisions. Since the most recent date cited in the present staff report is 2013, one has to wonder how up- to-date that is, as well. Imp 14.16: "California State Parks" is listed as an "Other Agency," but it earlier has its own Imp 14.8. Why is it in the Other Agencies list? Imp 16.4: This appears to be an "Ongoing" rather a "Complete" program. Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP Wotftand Progress Report Imp 16.5: "The City monitors the regional Arterial Program, OCTA 's Master Plan, and the County -wide traffic model to ensure consistency." I believe the 19`h Street bridge (over the Santa Ana River) was removed from OCTA's Master Plan some years ago, but is still in our Circulation Element. How is that "ensuring consistency"? Imp 16.6: Weren't things done in 2017 regarding Newport Heights traffic and Peninsula crosswalk striping? Imp 16.8: The 2016 report listed the "Downtowner" as an accomplishment. Shouldn't the 2017 report indicate that service was discontinued? Imp 16.11: The last sentence of the first paragraph is a hold -over from 2016 and should be deleted (the topic is updated in the preceding sentence). The last sentence should be corrected: "Bicycle racks were added to Marine Avenue creating a bicycle seracorral." Imp 18.1: One paragraph refers to a "Sewer Master Plan" and the other to a "Wastewater MasterPlan." Are those the same, or different? Imp 19.1: In the first sentence, the same $5.5M total is quoted as in the previous year, even though there were presumably changes in the list. Such a coincidence is possible, but seems unlikely. In the last sentence, the number of catch basins has increased compared to 2016, but the amount of debris collected -- 538 tons — is precisely the same. Again, such a coincidence is possible, but seems unlikely. Imp 20.1: The first paragraph appears to be something leftover from 2016 and not relevant to the 2017 report. Wouldn't the Fagade Improvement Program in Balboa Village be something to list under this program? The West Newport Revitalization efforts of a former City Council's Ad Hoc Neighborhood Revitalization Committee and its "CAP"s seem long ago things reported as if they happened in 2017. Imp 20.3: "Back Bay View Park Enhancements - Upgrade voter fountain with bottle filler and doggie bowl, add and add bike fixit station was finished in October 2017." Imp 21.3: "For the seventh eighth year, City staff teamed up with The Orange County Water District to provide education on how to protect our coast and waterways from trash at the 21st Annual Children's Water Education Festival on March 29 attd39 and 30, 2017, at the University of California, Irvine." [the 2016 report also said "seventh"] Imp 21.4: "A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County in Newport Harbor and opportunities to realign these to reduce costs has not been conducted to date and may be prioritized in the future based on needs and funding." This seems very out of date. To the best of my knowledge the study never took place (or rather, the County was found a less expensive alternative to other interested outside bidders), but the City Manager nonetheless announced a transition to a City Harbormaster Planning Commission - March 8, 2018 Item No. 8b Additional Materials Received March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Genef%Pq 904band Progress Report model, replacing many of the former County Harbor Patrol functions, which commenced on July 1, 2017. Imp 23.2: "2. Bonita Greer Canyon Sports Park — Installation of Pickleball Courts at Bonita Canyon Sports Park." Imp 23.3: "The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation programs and periodically initiate initiates community surveys to assess the current needs of the community." Imp 23.4: "4. Beach volleyball nets donation, in memory of Ron Hanks and Neil Neal Cline." "12. The City provides shuttle bus services for the Dayle Lusk, Tumble -n Kid a Kids" "16. Health and wellness of the Oasis OASIS Senior Center clients on an as -needed basis." Imp 29.3 (last sentence): "On December 12, 2017, the City Council adopted Ordinance No. 2017-17, which repealed..." Imp 30.2: "3.... Commercial Piers: Study is underway with anticipated Council adoption by Spring 2017." Didn't what was anticipated either happen or not? Imp 31.1: The 2016 report said "staff will return to the City Council with various options for review and direction" regarding "anew community center in West Newport." The present report does not explain what happened to that plan. Housing Element Annual Report General note: Since the Housing Element Programs are presented outside the context of the Housing Element itself, including not showing the "Responsibility" and "2014-2021 Objective" attached to each, it is difficult to assess the accuracy or completeness of what is being reported in the current item. Handwritten page 72: Is it really true that halfway through the 2014-2021 cycle, the City has not yet met its requirement to add just one new unit each in the moderate, low and very low income housing categories? Program 3.2.4: "The VUE Newport €erff►a✓ly formerly known as Newport Bay Marina project was identified as an underutilized site." It might be noted the City's current Mayor does not feel the site was underutilized, and finds VUE Newport a poor (and itself underutilized) replacement for what was there (namely, boatyards and marine -supporting uses). Program 4.1.7: "City staff worked closely with OCHA staff to facilitate the award of the Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport Shem Veterans project (See Program 4.1.4)" Compared to last year's report, the name has been changed (in this way) in all the other references to it. Program 5.1.7: "The City also operates the Oasis OASIS Senior Center." Planning Commission - March 8, 2018 Item No. 8c Additional Materials Received After Deadline 2017 General Plan Status and Progress Report From: Susan Skinner To: Planning Commissioners Subject: GP Status Report Date: Wednesday, March 07, 2018 10:15:02 PM Dear Planning Commissioners: As you prepare to vote on the General Plan Status Report tomorrow evening, I would like to point out to you that any statement that the General Plan land use tables are up to date is inaccurate. May I respectfully suggest updating the land use tables prior to approving the status report? May I also suggest that this city implement an architectural review board as many other cities have done? When I saw the rendering of the proposed Dunes Hotel, it made me shudder. It resembles a jail more than a hotel and it really isn't something that I think we should approve for the center of the city in its current form. An architectural review board would presumably be able to swat down hideous designs before they get too far along the process and would probably make your job easier. Finally, I wonder if I might have an update as to when we can expect a meeting on mansionization? I've been asked that by a number of people and have to simply tell them that you promised you would do it at some point in the future. Thank you, Susan Skinner Planning Commission New Business March 8, 2o18 Item No. 8d - Additional Materials Presented At Meeting 2017 General Plan Status and Progress Report (PA2007-195) IL till 4C1 1t:rn R� ral Plan status Report Mandated by Government Code Section 65400 Required annual report on ongoing efforts to implement the General Plan Report organized by General Plan Implementation Programs Submitted to Council, OPR and HCD by April 1st The Housing Element Report follows more specific guidelines provided by HCD: Annual building activity reports for new housing units; Regional housing needs allocation progress, and Program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. 1 For more information contact: Melinda 949-644-3221 mwhelan@newportbeachca.gov www.newportbeachca.gov Planning Commission - March 8, 2018 Item No. 8d - Additional Materials Presented At Meeting 2017 General Plan Status and Progress Report (PA2007-195)