8-18(31)
implementing additional actions if not meeting target numbers at affordability levels anticipated in the housing element.
Additional actions, if necessary, should be taken ina timely manner (e.g., within 6 months).
2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Gov. Code, § 65583, subd. (c)(3))
See additions
As noted in Finding(s) A4 and A5, the element requires a added per findings
complete analysis of potential governmental and
above.
nongovernmental constraints. Depending upon the results of that Policy changes to
analysis, the City may need to revise or add programs and 4A
address and remove or mitigate any identified constraints. 1G to 1J and Pg. 4-
3 3. Promote AFFH opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected bythe California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, §65583, subd. (c)(5).)
As noted in Finding Al, the element must include a complete See AFFH Edits
Assessment of Fair Housing, and Policy Action 4A (AFFH) does Pg.3-55 to 3-117
not satisfy the requirements for specific and meaningful program actions. Based on the outcomes of that analysis, the element See Policy
must add or modify programs. Goals and actions must
amendments to
specifically respond to the analysis and to the identified and 4A.
prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must havespecific commitment, City of Newport Beach
HCD Review Matrix
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metrics and milestones as appropriateand must address
housing mobility enhancement, new housing choices and
affordability in high opportunity areas, place -based strategies for community preservation and revitalization and displacement protection. For additional guidance onprogram requirements to AFFH, please see HCD's guidance at memos.shtml.
4. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program mayinclude strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).) The element includes Policy Action 2C (Preservation of At -risk Pg. 3-99 to 3-103
Units). The element identifies 19 units at -risk of converting to see Policy
market -rate uses in the planning period. Therefore, the element 2C
must include a program(s) with specific and proactive actions to 5A
preserve the at -risk units such as developing a plan or strategy 5B
for quickly moving forward in the case units are noticed to 5C
convert to market -rate uses in the planning period, and ensure 5E
tenants receive proper notifications.
C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and theelement shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)
While the element profiles the strategies undertaken to achieve Pg. C-4 to C-5
public participation, it mustalso describe how the City reached Intro Pg. 1-4 to 1 -
all economic segments of the population in conductingoutreach 5 related to its survey and workshops, particularly lower-income households; this should also consider language access. The City of Newport Beach
HCD Review Matrix
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element should also clarify whether and how any
nongovernmental organizations and other parties were notified.
Public participation in the development, adoption and
implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
City of Newport Beach
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EXHIBIT C
8-18(35)
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A. Housing Needs, Resources, and Constraints
1. Affirmatively furtherfing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 ... shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A))
Regional Patterns and Trends: The element is revised to The following information
Section 3.C.3
include regional analyses for some categories of analysis. was added to the fair
However, the element still does not analyze regional patterns housing section:
and trends for all categories and subcategories of analysis. In . Opportunity indicators
particular, the element should be revised to include a full for education and
regional analysis for access to educational, economic, and economic opportunity
environmental opportunity; substandard housing;
(Pg. 3-79 — 80)
homelessness; and displacement risk. For example, for some topics the element provides a map of surrounding jurisdictions Regional analysis of
but does not analyze them or make conclusions; for other topics education and
it does not address the regional component at all. A complete economic opportunity
regional analysis should compare conditions at the local level to (Pg. 3-80 - 82)
the rest of the region. This analysis could compare the locality . Analysis of
at a county level or other subregional geography.
homelessness (Pg. 3-
88)
• Analysis of
substandard housing
(Pg. 3-102 — 103)
• Additional regional
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analysis for
disproportionate
needs (Pg. 3-87 —
103)
Segregation and Integration: The element is revised to include Additional analysis of
Section
maps of disability status, familial status, and income, but diversity, homelessness,
3.C.3. Integration
generally does not identify local patterns and trends on these disability status, familial
and Segregation
topics. A full analysis should go beyond mere reporting of data status, median income,
Patterns and
and should identify local patterns and trends throughout the overpayment, and
Trends (Pg. 3-62
jurisdiction. Patterns at a local level must address the extent to overcrowding was added to
-64)
which some neighborhoods differ from others and any relevant the AFFH section. Regional
Section 3.C.3.
factors that may determine that outcome. This analysis should analysis was also included in
Housing Needs in
lead to a summary of fair housing issues that can inform these sections. A summary
Newport Beach
contributing factors, goals, priorities, strategies, and actions. of constraints found through
(Pg. 3-87 — 103)
this analysis can be found in
Section 3.C.3: Assessment
of Contributing Factors.
Access to Opportunity: The element includes analysis that addresses Additional analysis of the
Section 3.
most requirements for access to opportunity. However, the element's CalEnviro screen map was
Integration and
discussion of environmental opportunity merely describes added to the AFFH section.
Segregation
CalEnviroScreen and provides a map. A full analysis should identify It was determined that local
Patterns and
patterns and trends throughout the jurisdiction and should lead to a coastal cities, including
Trends —
summary of fair housing issues that can inform contributing factors, Newport Beach, experience
Environmental
goals, priorities, strategies and actions. For example, the element low pollutant burdens that
Justice (Page 3 -
could evaluate the City's environmental justice efforts pursuant to 85-86)
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Senate Bill (SB) 1000, and discuss any relevant observations, actions, could be related to the cost
or anticipated outcomes.
of land.
Disproportionate Housing Needs: For cost burden and overcrowding, An analysis for
Section 3.C.3 —
the element is revised to include several maps, but the analysis of homelessness and
Urban
trends and patterns remains limited. The element is also not revised substandard housing was
Displacement
to address substandard housing or homelessness. Please refer to added to the Discussion of
(Pg. 3-103 —
HCD's October 12, 2021, review to meet these requirements. In Disproportionate Housing
106)
addition, the element's discussion of displacement risk describes the Needs.
Urban Displacement Project methodology and provides a map, but its The analysis for
analysis of this topic is limited to a statement that "nearly all of displacement risk was
Newport Beach is considered Stable/Advanced Exclusive," without updated to include the UC
identifying trends or patterns in detail (p. 3-102). The element should Berkeley urban
describe what trends, patterns, and other local factors have led to this displacement map and data.
conclusion, and how this finding may inform the City's strategies and The analysis is regional and
actions. For example, the element could discuss how the City will use includes information about
these findings to generate new housing opportunity in high -resource potential trends that may
areas.
have influenced the City's
status as exclusive.
Local Data and Knowledge: The element is not revised to address Local data and knowledge
Section 3.C.3 —
this finding. Please refer to HCD's October 12, 2021, review to meet regarding background on
Local Data and
this statutory requirement.
the City of Newport Beach
Knowledge (Pg.
and its incorporation, local
3-62)
data regarding race,
ethnicity, income and
familial status, and
community input has been
included.
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Local Data and Knowledge: In addition to the data sources relied on in the current draft, the element must support its analysis with local data and knowledge, including information obtained through community participation or consultation.
Site Inventory: The element's analysis of the site inventory is revised Additionally, analysis of site
Section 3.C.4
to meet some requirements. However, it must still provide a full placement in relation to fair
(Pg. 3-115 —
analysis of whether sites improve or exacerbate conditions or whether housing issues has been
121)
the sites are isolated by income group. Furthermore, the element included along with the
does not analyze the inventory with respect to disproportionate impacts the sites may have
housing needs, and its analysis with respect to access to opportunity on fair housing within the
is limited to a graphic overlaying the inventory on the TCAC/HCD City.
Opportunity Map and the reporting of related data. A complete analysis should address how the identified sites impact existing patterns and trends for all components of the assessment of fair housing.
Contributing Factors: The element is revised to add several As noted, several
Section 3.C.3 -
contributing factors to fair housing issues. However, it is not clear how contributing factors have
Assessment of
these contributing factors respond to the findings of the analysis. The been included. In this
Contributing
element should ensure that its contributing factors are responsive to section, each factor is
Factors to Fair
the unique fair housing conditions of the jurisdiction and should identified and is addressed
Housing (Pg. 3 -
prioritize these contributing factors. Additionally, as noted, the in Section 4: Housing Plan
114-115)
element does not contain a complete assessment of fair housing. through Policy 4A.
Depending on the results of a complete analysis, the element may need to add or revise contributing factors as appropriate.
Strategies and Actions: Policy Action 4A (Affirmatively Furthering Fair The November 2021 draft of
Section
Housing (AFFH)) is revised to include several additional actions. the Housing Element did not
4.Implementation
However, the element relies solely on actions which are not include Policies 30 and 3P;
Actions Policy
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transformative, meaningful, or specific. Some of these are vague in however, the final draft does
Action 4A (Pg. 4 -
nature (e.g., "Specific actions to enhance the construction of now include these additional
20 — 22)
affordable housing", "Exploration of establishing additional or policies. Action were
augmented assistance programs", etc.) [p. 4-15], and none is drawn revised to include tangible
from the findings of the analysis. The element must be revised to action and concrete
include programs that are transformative, meaningful, and specific, timelines in Policy 4A. More
and which include quantifiable objectives and concrete actions. These context was also added to
programs should respond directly to the contributing factors from the inform the policy in order to
assessment of fair housing. Programs must include metrics and better reflect the needs of
milestones for evaluating progress on programs, actions, and fair the Newport Beach
housing results.
community.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning Realistic Capacity: The element is revised to support its realistic Clarified that the actual
Page (B-72)
capacity assumptions by relating the assumptions to trends in capacity of the Coyote
Appendix B,
residential development. However, the element must still adjust for Canyon Area is 2,640 and
Section 4,
the likelihood of 100 percent nonresidential development. For more an assumption of 75
Coyote Canyon
information, please refer to HCD's October 12, 2021, review. percent development is
Area
In addition, the element claims that "an assumption of approximately used in order to realistically
50 percent redevelopment" has been applied to the Coyote Canyon project potential units. The
Focus Area, but then appears to assume the maximum of 1,320 units assumed buildout is 1,530,
on the site despite this claim (p. B-73). The element should ensure a or half of the actual capacity
clear statement of capacity assumptions is made for each site. of the area.
In addition, for sites where zoning allows 100 percent nonresidential uses, this analysis must adjust for the likelihood of nonresidential City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 5 8-18(40)
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development. For example, the element could describe the underlying zoning, whether 100 percent nonresidential development is allowed in these zones, and any relevant programs or policies the City is undertaking to facilitate residential development in nonresidential zones.
Suitability of Nonvacant Sites: The element is revised to demonstrate Clarified that small sites
Appendix B,
trends in redevelopment and connect the inventory's assumptions to included in the inventory are
Section 3, Small
those trends. However, certain identified nonvacant sites in the either pipeline projects or
Sites (Pg. B-16 —
Newport Center Focus Area require further support. For example, this they are sites with letters of
20)
section of the inventory contains several tennis courts, a country club, interest. Added a table
a church, and other uses. The element should provide further describing small sites.
information demonstrating the likelihood of redevelopment for sites in Added Newport history of lot
this area.
consolidation projects.
Substantial Evidence: For your information, the housing element must Added letters of interest
Refer to revised
demonstrate existing uses are not an impediment to additional Section. 82 non -vacant sites
narrative in
residential development and will likely discontinue in the planning have letters of interest,
Appendix B,
period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (i.e., proving that developers in
Sections 3-5,
adoption resolution) based on substantial evidence, the existing uses Newport Beach are willing
Letters of
will be presumed to impede additional residential development and to redevelop non -vacant
Interest
will not be utilized toward demonstrating adequate sites to parcels. Additionally, City
And Findings are
accommodate the regional housing needs allocation (RHNA).
Council Resolution No.
provided in the
2022-14provides additional
adopting
findings of substantial
resolution.
evidence.
Small and Large Sites: The element is revised to include some Added a section on the
See revised
examples of small sites that were consolidated. However, it must also history of small site
Narrative on Pg.
provide analysis demonstrating the potential for lot consolidation. For development and lot
B-16 - 20)
example, the analysis could describe the City's role or track record in consolidation within the
facilitating small -lot consolidation, policies or incentives offered or City. There is also evidence
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proposed to encourage and facilitate lot consolidation, conditions from Letters of Interest that
rendering parcels suitable and ready for redevelopment, recent trends small sites are desirable for
of lot consolidation, and/or information on the owners of each development and would
aggregated site.
likely be consolidated.
The element is revised to provide an analysis of environmental constraints for the large sites in the Coyote Canyon area, but otherwise does not address this finding. Please refer to HCD's October 12, 2021, review to meet this statutory requirement.
To demonstrate the viability of appropriate development in the Coyote Units provided by Banning
See revised
Canyon and Banning Ranch Focus Areas, the element must include ranch are no longer to be
Appendix B
analysis demonstrating the feasibility of large parcel development of counted directly to the
analysis of
housing affordable to lower-income households. In Coyote Canyon, the RHNA but may apply
Coyote Canyon.
primary site is 243.23 acres with 22 buildable acres, and Banning Ranch towards RHNA in the event
includes several hundred acres of land. The element must demonstrate the City's RHNA Allocation
Banning Ranch
the suitability and availability of these areas for residential development is met within the site
has been
affordable to lower-income households, particularly considering that inventory and the City
excluded has
typical affordable developments range in size from 50 to 150 units. The receives a project
accommodating
analysis could describe strategies such as opportunities for specific -plan application that meets the
RHNA Need, but
development and further subdivision or other methods to facilitate the City's requirements. Coyote
included as a
development of housing affordable to lower-income households on large Canyon has high interest
future policy
sites.
from a developer selected
option consistent
through the County of
with existing city
Orange's RFP process with
policy.
a plan to develop
approximately 34 acres of
land at 60 du/acre and at 75
percent redevelopment.
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Banning Ranch: The element is revised to include further detail about Dwelling units provided by
Revised
the background and potential constraints of the Banning Ranch site, Banning Ranch have been
narrative in
including the City's past and current efforts to make the site available. removed from the City's
Section 3,
However, HCD understands that this area is unlikely to support RHNA allocation. However,
Section 4 and
residential development in the planning period as the property is soon it remains an opportunity
Appendix B. for
expected to be set aside as open space, and the element does not site.
all references to
provide compelling evidence to the contrary. Please note that while Banning Ranch
the City may choose to keep the site in its inventory, unless compelling information, analysis, and programs are added, HCD will not utilize the Banning Ranch site towards the City's RHNA. The element should adjust its assumptions as appropriate.
Zoning for a Variety of Housing Types:
SROs were added to Table
Narrative added
• Single -room Occupancy (SROs): The element is revised to list the 3-8. A description of the
to Pg 3-22
zones where SROs are a permitted use but does not clarify the City's permitting process for SROs
process for SROs in these zones. The analysis could discuss whether is included and describes
the City has special permits, development standards, approval that the City considers them
findings or other features of the permit process that may pose a under the classification of
potential constraint. Programs should be added or modified as Visitor Accommodations. It
appropriate.
is clarified that the City
would not impose any
special restrictions or
conditional uses for SROs.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 8 8-18(43)
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codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) Housing for Persons with Disabilities: The element is revised to More information was
Section 3.13.
include further language regarding residential care facilities, which added about the CUP
Local Processing
largely seeks to justify the City's policy of a Conditional Use Permit process in general. The City
and Permit
(CUP) for residential care facilities of seven or more persons. These offers free -of -charge
Procedures -
revisions do not describe or analyze the CUP process itself. Such Development Review
Conditional Use
permits have the potential to subject housing for persons with Committee meetings. It
Permits (Pg. 3 -
disabilities to higher discretionary standards where an applicant must should also be noted that in
39 — 43). Section
demonstrate compatibility with the neighborhood, unlike other the event that CUP
4, Policy Action
residential uses. The element should analyze the process as a processing proves to be a
3P on page 4-18.
potential constraint on housing for persons with disabilities, barrier or constraint to
considering the process' impact on approval certainty, timing, supply, Section 20.52.070 of the
and other relevant factors. Depending on the results of a complete Zoning Code provides
analysis, the element should add or modify programs to ensure procedures for obtaining
zoning permits group homes objectively and with approval certainty. reasonable accommodation
from the permitting
requirements. Policy Action
3P has been added to
examine the effect of the
CUP process on providing
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large residential care
facilities.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Density and Timing: The element is not revised to address this Section 3.13. Local
Narrative added
finding. Please refer to HCD's October 12, 2021, review to meet this Processing and Permit
to Pg 3-41,
statutory requirement.
Procedures - Conditional
Use Permits has been
following Table
3-13
The element must include analysis of the length of time between receiving approval for a housing development and submittal of an application for revised to address this
building permits that potentially hinder the construction of the jurisdiction's comment
share of the regional housing need.
B. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 10 8-18(45)
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development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) The element is not revised to address this finding. Please refer to HCD's October 12, 2021, review to meet this statutory requirement.
To address the program requirements of Government Code section Changes made to timelines
See Section 4
65583, subdivision (c)(1-6), and to facilitate implementation, and objectives in Policy 1J,
Policy Actions.
programs should include: (1) a description of the City's specific role in 2C, 3B, 4A, 6F, 7A, and 713
implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. For example, Policy Action IJ (ADU Amnesty Program) should be revised to include a quantified objective for the number of households expected to utilize the program.
Please note that several programs involve taking action to comply with state law, and as such should include timelines that ensure a beneficial impact by committing to compliance within the first year of the planning period. Programs with actions that require an accelerated timeframe include Policy Action 3B (SB 35 Streamlining) and Policy Action 7A (Supportive Housing / Low Barrier Navigation Centers).
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph 3 of subdivision a without rezoning, and to comply with the requirements of City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 11 8-18(46)
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Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory -built housing, mobilehomes, housing for agricultural employees, supportive housing, single -room occupancy units, emergency shelters, and transitional housing.
(Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A2, the element does not include a complete site Findings from the Section 3
See Section4
analysis; therefore, the adequacy of sites and zoning was not and Appendix B analysis
Policy Actions.
established. Based on the results of a complete sites inventory and are summarized in Section
analysis, the City may need to add or revise programs to address a 4 policy actions, as
shortfall of sites or zoning available to encourage a variety of housing appropriate.
types. In addition, the element should be revised as follows:
Zoning to Accommodate a Shortfall of Sites for Lower -Income: The This requirement was
See Pages 4-4
element is revised to detail the necessary actions pursuant to City already included in prior
to 4-10.
Charter 423. However, the element is not revised to address HCD's draft Policy 1A. City has
finding regarding the by -right provisions for rezones found in repeated that requirement
Government Code 65583.2, subdivisions (h) & (i). Please refer to for all rezones identified in
HCD's October 12, 2021, review to meet this statutory requirement. the Policy Program.
Zoning to Accommodate a Shortfall of Site for Lower: Pursuant to This requirement was
See Pages 4-4
Government Code 65583.2, subdivisions (h) & (i), Policy Actions 1A-1 F, already included in prior
to 4-10.
which rezone sites to accommodate the City's shortfall in satisfying the draft Policy 1A. City has
RHNA, must commit to the following:
repeated that requirement
• permit owner -occupied and rental multifamily uses by -right for for all rezones identified in
developments in which 20 percent or more of the units are affordable to the Policy Program.
lower-income households. By -right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval.
• accommodate a minimum of 16 units per site;
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• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites: o allow 100 percent residential use, and o require residential use occupy 50 percent of the total floor area of a mixed-use project.
Sites Identified in Prior Planning Periods: The element is not revised See additional edits to
See Pages 4-9
to address this finding. Please refer to HCD's October 12, 2021, Policy Action 1 G that
and 4-10.
review to meet this statutory requirement.
address Government Code
Requirements.
Sites Identified in Prior Planning Periods: The element includes Policy Action 1 G (5th Cycle Housing Element Sites), which addresses the requirement for nonvacant sites identified in a prior planning period to permit residential uses by -right for developments in which 20 percent of units are affordable to lower-income households. This program must also commit to zoning those sites to allow Newport Beach's default density of 30 du/ac, pursuant to Government Code 65583.2, subdivision(c) or at densities demonstrated to be appropriate for the development of housing for lower-income households. Additionally, if any vacant sites in the inventory are being used to accommodate the lower RHNA and have been identified in two prior planning periods, the program must ensure that those sites meet the same
requirements.
Accessory Dwelling Unit (ADU) Monitoring: Policy Action 11 is added Policy 11 has been
See Pages 4-10
to commit the City to ADU monitoring by income category. However, amended to eliminate the
and 4-11.
this program only commits the City to considering additional actions if word "consider" and commit
not meeting the RHNA targets for ADUs identified in the element. The to identifying alternative
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element should be revised to commit the City to implementing means to accommodate
specified additional actions by a date certain if not meeting RHNA unmet RHNA needs should
targets.
ADU construction falls short
of assumptions.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A3 and A4, the element requires a complete Information about permit
Section 3.A -B
analysis of potential governmental and nongovernmental constraints. processing, permitted
Example: Page
Depending upon the results of that analysis, the City may need to housing types, and
3-33
revise or add programs and address and remove or mitigate any reasonable accommodation
(Reasonable
identified constraints.
have been added to the
Accommodation)
Element. An analysis for
each section has been
provided in order to address
possible constraints and
solutions to sed constraints
in the section.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. Gov. Code, § 65583, subd. (c)(5).
As noted in Finding Al, the element does not contain programs that Refer to updated Policy 4A.
Starting on Page
satisfy the AFFH requirements for specific and meaningful actions to 4-19.
City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 14 8-18(49)
City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 15 8-18(50)
Revised
Document
Section
HCD Comments
Response
Reference
overcome fair housing issues. Based on a complete analysis, the element must add or revise programs.
5. The housing program shall preserve for low-income household the The City has augmented
See Page 4-13.
assisted housing developments identified pursuant to paragraph (9) Policy Action 2C.
of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
The element is not revised to address this finding. Please refer to HCD's October 12, 2021, review to meet this statutory requirement.
The element includes Policy Action 2C (Preservation of At -risk Units).
The element identifies 19 units at -risk of converting to market -rate uses in the planning period. Therefore, the element must include a program(s) with specific and proactive actions to preserve the at -risk units such as developing a plan or strategy for quickly moving forward in the case units are noticed to convert to market -rate uses in the planning period, and ensure tenants receive proper notifications.
C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. c (8).)
While the element profiles the strategies undertaken to achieve public The breadth of the City's
See amended
participation, it must also describe how the City reached all economic public participation process
text in Appendix
City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 15 8-18(50)
HCD Comments
Response
Revised
Document
Section
Reference
segments of the population in conducting outreach related to its are laid out in Appendix C.
C, Page C-5 for
survey and workshops, particularly lower-income households. The To highlight a few, the City
detailed
revised element still does not clarify whether and how any provided notice in the Daily
description
nongovernmental organizations and other parties were notified; the Pilot of all meetings.
element should be revised to include a list of organizations contacted Meeting notices specified
for purposes of public involvement. Public participation in the that language translation
development, adoption and implementation of the housing element is was available. Additional
essential to effective housing planning. Throughout the housing local housing advocates
element process, the City should continue to engage the community, including the Kennedy
including organizations that represent lower-income and special Commission and YIMBY
needs households, by making information regularly available and Law participated in the
considering and incorporating comments where appropriate.
Housing Element
workshops.
City of Newport Beach HCD Review Matrix—January 14, 2022 Letter Page 16 8-18(51)
EXHIBIT D
8-18(52)
HOUSING ELEMENT UPDATE ADVISORY COMMITTEE MEMBERS
Name
Professional Experience
Larry Tucker, Chair
Real Estate Development, Real Estate Financing &
Attorney
Jeff Bloom
Real Estate Financing Specializing in Affordable
Housing
Susan DeSantis
Former Director of California Department of Housing
and Community Development & Planning Professional
Paul Fruchbom
Affordable Housing Developer
Beth Kiley
Real Estate Appraiser
Geoffrey LePlastrier
Licensed Architect
Stephen Sandland
Licensed Architect
Debbie Stevens
Professional Planner & CEQA Practitioner
Michelle Thrakulchavee
Real Estate Development & Financing
8-18(53)
Attachment C
Chronology of Recent Key Dates for Housing Element Preparation •
February 8, 2022 City Council Meeting
Attachment C
• March 10, 2021, staff released an initial draft of the General Plan Housing Element Update for the community's review. This draft was posted online and comments were accepted until April 30, 2021. A summary of those comments is provided in Appendix C of the Draft.
• March 22, 2021, virtual community workshop to provide an overview of the draft. • April 8, 2021, staff presented the draft to the Planning Commission for comment. • April 27, 2021, staff presented an updated initial draft with a refined housing plan scenario to the City Council.
• June 8, 2021, staff returned to City Council at a study session with updated scenarios to accommodate RHNA growth need.
• June 21, 2021, staff conducted a virtual community workshop to discuss an updated housing scenario to accommodate RHNA growth need and discussion policy solutions including housing overlays, inclusionary housing ordinances, and accessory dwelling units.
• June 22, 2021, staff returned to City Council at a study session with updated scenarios to accommodate RHNA growth need.
• July 13, 2021, staff brought a revised draft of the update to City Council for review and consideration for submittal to HCD for their 60 -day statutory review. Direction was provided to delay submittal by 30 days.
• August 13, 2021, staff submitted the draft update to HCD. • October 12, 2021, on the 60th day, HCD provided comments to the City regarding the draft.
• October 26, 2021, staff presented the HCD comment letter to City Council for review and guidance.
• November 16, 2021, staff brought the latest revised draft that is responsive to HCD's comments to the City Council for review and authorization to submit to HCD for a second 60 -day review.
• November 17, 2021, staff submitted the latest revised draft to HCD for review.
Comments must be provided to the City no later than January 14, 2022. • November 17, 2021, staff brought the draft to the Housing Element Update Advisory Committee (HEUAC) for review. At this meeting, the HEUAC voted to recommend City Council adoption of the draft.
0 February 8, 2022 City Council Meeting
Attachment C
December 9, 2021, at a duly noticed public hearing of the Planning Commission, the Commission reviewed the draft Housing Element and, with a vote of 5 ayes, 1 recusal and 1 absence, recommended City Council adoption of the draft. • January 14, 2022, on the 58th day, HCD provided comments to the City regarding the revised draft.
January 25, 2022, staff sought guidance from the City Council on how to include Banning Ranch in the Housing Element based on concerns expressed by HCD's January 14, 2022 letter.
8-21
Attachment D
Agency Comment Letters Regarding Intent to Override
8-22
STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCYGavin Newsom, Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF AERONAUTICS - M.S. #40
1120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 654-4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
November 24, 2021
Mr. Benjamin M. Zdeba, AICP, Senior Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660-3267
Dear Mr. Zdeba:
01 Making Conservation
a California Way of Life.
Electronically Sent
[email protected]
The Division of Aeronautics (Division) at the California Department of Transportation (Caltrans) appreciates receiving the Notice of Intent dated November 2, 2021, from the City of Newport Beach (City), to overrule a determination of the Orange County Airport Land Use Commission (OCALUC). The OCALUC has reported that the Sixth Cycle Housing Element Update Project (Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The Notice of Intent concerns the City's Resolution (No.) 2021-98 (Resolution) and specific "Facts in Support" related to the AELUP. In advance of a public hearing on the Resolution to consider overruling the OCALUC's determination, the Division is providing the following comments pursuant to California Public Utilities Code (PUC) section 21676.
Facts in Support #1 -The Project is consistent with the noise standards of the AELUP.
Citing AELUP section 3.2.3 for "residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside" overlooks a key provision of the section that is seen prior to quoting the conclusion of the section that says, "residential uses within the 65- 70 dBA CNEL noise contour are required to be 'indoor - oriented' to preclude noise impingement on outdoor living areas." The provision in between says, "All residential units are inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL."
No "conclusive" support is provided as part of Facts in Support # 1. Instead, the statement is made that the City's existing "General Plan Land Use Element Policy LU 6.15.3 and Noise Element Policy N 3.2 currently require that residential development in the Airport Area are to be located outside of the 65 dBA CNEL noise contour." A claim that follows says, "as part of the City's comprehensive update to the General Plan, these policies will be updated to reflect and allow the additional housing opportunity sites in the higher impact noise zones." The City's proposed overrule of the OCALUC, then, is based on a claim yet to be proven, whereas the OCALUC's determination of inconsistency is related to existing fact. The Division can only conclude that the Project does not satisfy requirements in PUC section 21670, as claimed in the Notice of Intent for the purpose of public protection from hazards near airports.
8-23
Facts in Support #2 -The proposed Project is consistent with the safety standards of the AELUP.
This Fact in Support #2 is deficient for not adequately citing the reference to Safety Zone 6 (Traffic Pattern Zone) of the AELUP. As used in the Notice of Intent, the statement that says, "risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence," is drawn from the AELUP, but it overlooks the AELUP's reference to the 2002 California Airport Land Use Planning Handbook (Handbook; published by the Division). It is Table 9B in the 2002 Handbook that refers to "a low likelihood of accident occurrence." Unfortunately, the AELUP does not account for the current Handbook of 2011. The City also does not account for it.
The 2011 Handbook allows for low risk of accidents in the zone for an airport traffic pattern, but it goes furtherto quantify accident risk (Chapter4, page 4-25). Owing to a relatively large area, the Handbook indicates 18-29 percent of accidents near a runway could occur in the traffic pattern zone (attributable also to lower and slowerflight profiles for less time and altitude to recover from distress). The 201 1 Handbook also allows for residential land use in the traffic pattern zone, but with the condition that says, "where ambient noise levels are low."
By accounting for this discrepancy, the Division recommends that the City evaluate ambient noise levels in the JWA Safety Zone 6 before taking further action on the proposed OCALUC overrule. It would be a prudent means for abiding by PUC section 21670 "to prevent new noise and safety problems."
Facts in Support #3 -The proposed Project is consistent with the purpose and intent of the AELUP and will notresult in incompatible land uses adjacent to JWA.
Citing the City's intention related to the Project that says, "any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards," contained in Sections 2 and 3 of the AELUP, is appreciated by the Division. Sections 2 and 3 of the AELUP provide overall policies for planning and land use around JWA, including certain specific criteria. The points made in this letter concerning specific criteria should be considered for theirvalue to ensure accurate compliance with PUC section 21670. Otherwise, the Division contends that any less effort compromises both the City's declared position in the Notice of Intent and the public's welfare.
Sincerely,
Originally signed by
Dennis O'Connor
Associate Transportation Planner
c: Lea Chou m, Executive Officer, Orange County Airport Land Use Commission; [email protected] 8-24
ORANGE COUNTY
aIL
December 1, 2021
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.SI70 fax: 949.252.6012 Benjamin M. Zdeba, Senior Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission for Orange County Determination for 6". Cycle Housing Element Update Dear Mr. Zbeda:
We are in receipt of the City of Newport Beach letter dated November 2, 2021, and City Council Resolution No. 2021-98 notifying the Airport Land Use Commission (ALUC) for Orange County of the City's intent to overrule the ALI C's inconsistency determination on the proposed 6 1 Cycle Housing Element Update. In accordance with Section 21676 of the Public Utilities Code, the ALl JC submits the following comments addressing the proposed overrule findings for the above -referenced project. t #k 1 r R 'f Please be advised that California Public 1..tilities Code (PLIC) Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background
On September 16, 2021, the ALUC for Orange County found the proposed Housing Element Update to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA) on a 6-0 vote. The inconsistent finding was based on AELUP Sections
2.1.1, 2.1.2, and 2.1.4. and PUC Sections 21674(a) and 21674(b).
Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse effects of aircraft noise to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 8-25
Housing Element Update Overrule Respunse
December :, 2021
21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The City's proposed General Plan Amendment and potential residential uses would occur within the 60 and 65 Community Noise Equivalent Level (CNEL) contours and Safety Zones 4 and 6. This would result in exposure to significant risk, noise and aircraft overflight.
Therefore the City's proposed action is inconsistent with the AELUP.
ALUC has the following additional comments regarding the findings and facts of support included in Resolution No. 2021-98.
Response to Fact in Support 1 - Regarding Noise Standards:
Pursuant to AELUP Section 2.1.1, "... aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport..." As noted in the City's discussion, the CNEL standards are set forth in the AELUP. As part of the review of the proposed Housing Element Update, it was noted that the "suitable" sites are identified within the JWA 65 dBA and 60 dBA CNEL noise contours. The ALUC believes that the proposed new locations for residential units would be highly affected by airport noise due to the close proximity to the airport (some within less than one mile from the runway end and others directly across the street from the airport), and that the past and current land use designation of Open Space and/or Commercial is the appropriate designation for this site. The proposed Housing Element Update would allow for the introduction of residential uses which are not suitable and would subject the future residents to excessive noise. The ALUC has historically found residential uses in the vicinity of JWA to be inconsistent with the AELUP for JWA, and this proposal would allow up to 23 housing sites within the 60 and 65 CNEL contour.
While ALUC found the proposed Housing Element Update inconsistent with Section 2.1.1. of the AELUP for JWA, we support the city's inclusion of policies in the Noise Element to provide sound attenuation in the residential units to not exceed 45 dBA during daytime hours and 40 dBA between 10:00 p.m. and 7:00 a.m.
Response to Fact in Support 2 - Regarding Safety
Pursuant to AELUP Section 2.1.2, "[s]afety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs. The purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." The proposed residential sites are located in Safety Zone 4 Outer Approach/Departure Zone, and Safety Zone 6 Traffic Pattern Zone. As stated in the ALUC staff report, the California Airport Land Use Planning Handbook policies for Safety Zone 4 are to limit residential uses to low density (1 dwelling unit per 2 -5 acres for suburban areas), and that noise and overflight may be considered in Safety Zone 6. Flight tracks for the property were included in the ALUC staff report and are attached to this letter. Considering the proposed densities, 8-26
Housinh Element Update Overrule Response
December 1, 2021
proximately to JWA and the number of flights over the property, the inclusion of these new sites in the proposed Housing Element Update is inappropriate.
Response to Fact in Support 3 _- Regarding "Intent of the AELUP By virtue of being clearly stated in AEL UP for JWA Sections 1.2 "Purpose and Scope" and
2.0 "Planning Guidelines," the ALUC understands the complex legal charge to protect public airports from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, ALUC proceedings are benefited by several members having expertise in aviation. Based upon careful consideration of all information provided, and input from ALUC members with expertise in aviation, the ALI JC unanimously found the proposed Housing Element Update to be Inconsistent with the AELUP for JWA.
We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. In the event the City overrules ALUC's determination, ALUC requests that individual projects within the airport influence area are submitted to ALUC for review. Thank you for the opportunity to provide these comments.
Sincerely,
Gerald A. Bresna
Chairman
Attachment: John Wayne Airport Flight Tracks for Housing Element Update cc: Members of Airport Land Use Commission for Orange County Members of Newport Beach City Council
Kevin Ryan, Caltrans.Division of Aeronautics
8-27
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Attachment E
Environmental Analysis
8-31
Kimley»>Horn
TECHNICAL MEMORANDUM
To: Benjamin M. Zdeba
From: Dana C. Privitt, AICP and Brian Leung
Date: January 17, 2022
Subject: City of Newport Beach 2021-2029 Housing Element CEQA Determination This Technical Memorandum shall serve as an evaluation of the City of Newport Beach 2021-2029 Housing Element (the Project) concerning California Environmental Quality Act (CEQA) compliance.
This Technical Memorandum was prepared to present: 1) the findings resulting from the CEQA compliance review, as described below; and 2) the recommendations concerning the appropriate CEQA compliance documentation.
STATUTORY AUTHORITY AND REQUIREMENTS
State CEQA Guidelines Section 15061— Review for Exemption Once it has been determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061, a project is exempt from CEQA if:
1) The project is exempt by statute (see State CEQA Guidelines Article 18, commencing with §15260).
2) The project is exempt pursuant to a Categorical Exemption (CE) (see State CEQA Guidelines Article 19, commencing with §15300) and the application of that CE is not barred by one of the exceptions set forth in State CEQA Guidelines Section 15300.2. 3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 4) The project will be rejected or disapproved by a public agency. 5) The project is exempt pursuant to the provisions of Article 12.5 - Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
PROJECT DESCRIPTION
The Housing Element includes the City's Housing Policy Plan, which addresses the City's identified housing needs, and includes goals, policies, and programs concerning housing and housing -related services, and the City's approach to addressing its share of the regional housing need. The 2021- 2029 Housing Element is a comprehensive review and update to the previous Housing Element 8-32
Kimley»>Horn
which covered the 5th Cycle 2013-2021 planning period. To satisfy and meet their RHNA allocation, the City prepared a parcel -specific land inventory that includes sites capable of accommodating the RHNA allocation through a variety of methods, including: (1) identification of additional increased capacity on existing, residentially zoned sites; (2) identification of residential property for rezone to higher -density residential primary use; (3) identification of non-residential property for rezone to residential primary use; (4) development of approved projects which do not have certificates of occupancy; and (5) future development of accessory dwelling units (ADUs).
For the eight-year planning cycle, the City's 6th Cycle RHNA allocation is 4,845 housing units: 1,050 moderate -income units, 1,409 above moderate -income units, 1,456 very low-income units, and 930 low-income units. The City has factored in a buffer of 5,162 housing units. The City is able to take credit for 1,662 units currently within the planning process (Projects in the Pipeline), 327 units of 5th Cycle sites being projected at existing buildout capacity, and 240 ADUs. These three categories of existing capacity lower the total RHNA planning need. The 2021-2029 Housing Element lists sites that would be able to accommodate units in excess of the RHNA.
The City anticipates current planned growth, projects already in the approval process, to entirely meet the above moderate -income need within the planning period. The City will meet the moderate -income need through a combination of existing capacity on residentially zoned land, through the redevelopment of parcels rezoned within the focus areas, and through the development of ADUs.
With respect to affordability, the City has identified projects (Projects in the Pipeline) which are likely to be developed during the planning period and count as credit towards the 2021-2029 RHNA allocation: Newport Airport Village, Residences at 4400 Von Karman, Newport Village Mixed -Use, West Coast Highway Mixed -Use, and Newport Crossings. The City has also assumed very -low income and low-income ADUs. To account for the remaining need, the 2021-2029 Housing Element assumes the rezone of parcels to higher densities able to accommodate the development of lower- income housing.
The 2021-2029 Housing Element includes policies that would accommodate implementation measures to meet the City's RHNA allocation inclusive of a buffer. The Project does not include the actual implementation measures and/or development of the housing units, which would be subject to future environmental evaluation as a part of the City's development review process.
FINDINGS CONCERNING CEQA COMPLIANCE/CEQA EXEMPTION
Kimley-Horn has completed the Project's CEQA compliance review, as follows:
Exemption Justification Under Common -Sense Exemption
The Project is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City's policies and programs to update its Housing Element and meet its RHNA allocation that either would not cause a significant effect on the environment or were previously analyzed adequately in the Newport Beach General Plan Update EIR (SCH No. 2006011119). Given its nature and scope, the proposed 2021-2029 Housing Element programs and 2 8-33
Kimley»>Horn
policies would not result in physical environmental impacts. Additionally, the 2021-2029 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City's current General Plan and Zoning Code (Municipal Code Title 20). Future housing development pursuant to the 2021-2029 Housing Element would be subject to compliance with the established regulatory framework, namely federal, state, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by -right housing projects may be exempt from CEQA, all future housing development pursuant to the 2021- 2029 Housing Element would be subject to further development review, which can include technical supporting reports. Based on these factors, it can be seen with certainty that the proposed 2021-2029 Housing Element would not have a significant effect on the environment; therefore, the 2021-2029 Housing Element is exempt from CEQA under the common sense exemption.
Policy and Program Analysis in Support of Findings
Attachment A: Newport Beach 2021-2029 Housing Element Program Review Matrix summarizes the 2021-2029 Housing Element policies and provides summary findings in support of an exemption under State CEQA Guidelines Section 15061(b)(3) common sense exemption.
As is evidenced by the discussions presented above and in Attachment A, the Project qualifies as being exempt from CEQA under the common-sense exemption. Moreover, the Project is not barred from the application of a Categorical Exemption, pursuant to State CEQA Guidelines Section 15300.2. Therefore, it has been determined that the proposed project would not have a significant effect on the environment and a Categorical Exemption is the appropriate CEQA finding. 3 8-34
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
3.2.1: Rezoning of
1A: Establish a housing
X
This Policy Action addresses the establishment of a housing opportunity Developed or Vacant
opportunity overlay
overlay district, or similar rezoning strategy, in the Airport Environs area to Property for Residential
district, or similar
accommodate housing units in the Very Low, Low, Moderate and Above Uses
rezoning strategy, in
Moderate -income categories. This Policy Action does not result in direct the Airport Environs
housing development. Further, any housing development facilitated from the area
new overlay district would be subject to the established regulatory framework regarding environmental review. Future housing development would be subject to the City's development review and plan check process.
This Policy Action does not grant entitlements for housing development in the Airport Area. Therefore, this Policy Action would not result in physical environmental impacts.
16: Establish a housing
X
This Policy Action addresses the establishment of a housing opportunity opportunity overlay, or
overlay, or similar rezoning strategy, in the West Newport Mesa area to similar rezoning
accommodate housing in the Very Low, Low, Moderate and Above Moderate - strategy, in West
income categories. This Policy Action does not result in direct housing Newport Mesa
development. Further, any housing development facilitated from the new overlay would be subject to the established regulatory framework regarding environmental review. Future housing development would be subject to the City's development review and plan check process. This Policy Action does not grant entitlements for housing development in West Newport Mesa.
Therefore, this Policy Action would not result in physical environmental impacts.
1C: Establish a housing
X
This Policy Action addresses the establishment of a housing opportunity opportunity overlay, or
overlay, or similar rezoning strategy, in Newport Center area to similar rezoning
accommodate housing in the Very Low, Low, Moderate and Above Moderate - strategy, in Newport
income categories units. This Policy Action does not result in direct housing Center
development. Further, any housing development facilitated from the new overlay district would be subject to the established regulatory framework regarding environmental review. Future housing development would be subject to the City's development review and plan check process. This Policy Action does not grant entitlements for housing development in Newport Center. Therefore, this Policy Action would not result in physical environmental impacts.
8-35
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
1D: Establish a housing
X
This Policy Action does not result in direct housing development. This Policy opportunity overlay, or
Action addresses the establishment of a housing opportunity overlay, or similar rezoning
similar rezoning strategy, in the Dover/Westcliff area to accommodate strategy, in Dover/
housing in the Very Low, Low, Moderate and Above Moderate -income Westcliff
categories. Any future housing development would be subject to the established regulatory framework regarding environmental review. Future housing development would be subject to the City's development review and plan check process. This Policy Action does not grant entitlements for housing development in the Dover/Westcliff area. Therefore, this Policy Action would not result in physical environmental impacts.
1E: Annexation and
X
This Policy Action addresses the position of the City to annex the property Entitlement of Banning
into the City and support the development potential of Banning Ranch for Ranch for Housing
housing at a variety of income levels. Implementation will also include Development
development standards and entitlement procedures to encourage the development housing for persons of Very Low and Low -incomes. This Policy Action does not grant entitlements for housing development. Therefore, this Policy Action would not result in physical environmental impacts. 1F: Rezone Portions of
X
This Policy Action addresses the rezoning of portions of the Coyote Canyon Coyote Canyon to
site to encourage housing development. Implementation will also include Accommodate Housing
development standards and entitlement procedures to encourage the development housing for persons of Very Low and Low -incomes. This Policy Action does not result in direct housing development. Further, any housing development facilitated from the rezoning would be subject to the City's development review and plan check process. This Policy Action does not grant entitlements for housing development in Coyote Canyon. Therefore, this Policy Action would not result in physical environmental impacts. 1G: 5th Cycle Housing
X
This Policy Action addresses the amendment of Title 20 of the Newport Beach Element Sites. Amend
Municipal Code to permit residential uses by -right for housing development Newport Beach
projects in which at least 20 percent of the units are affordable to lower - Municipal Code Title 20
income households. This Policy Action does not result in direct housing to Permit Residential
development. Each individual project application would be subject to the Uses By -Right for
City's development review process, which would inherently avoid or reduce Affordable Housing
potential environmental impacts. For sites in the coastal zone, the City will Development
8-36
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
continue to require coastal development permits to determine compliance with the City's certified Local Coastal Program.
1H: Support and
X
This Policy Action addresses the City's support and accommodation for Accommodate the
Accessory Dwelling Unit (ADU) construction in the City. This Policy Action Construction of
does not result in direct housing development. This Policy includes Accessory Dwelling
development of a public awareness campaign, creation of user-friendly Units to Meet
website committed to information related to code, processes for ADU Affordable Housing
construction, and identification of incentives. Therefore, this Policy Action Needs
would not result in physical environmental impacts.
11: Accessory Dwelling
X
This Policy Action addresses the City's program to annually monitor ADU Units Monitoring
permitting during the planning period as a part of the Annual Housing Program to Monitor
Element Progress Report submitted to HCD. This Policy Action does not result ADU Permitting
in direct housing development. This data analysis process would not result in direct physical environmental impacts.
1J: Accessory Dwelling
X
This Policy Action addresses the City's program to allow owners with existing Units Amnesty Program
unpermitted ADUs to obtain permits to legalize the ADUs. The Amnesty to Legalize Existing
Program is proposed to have two components: education and incentives. This Unpermitted ADUs
Policy Action does not entitle or automatically permit new ADU construction.
Rather, this Policy Action is a new program to help bring into compliance existing unpermitted ADUs. Therefore, this Policy Action would not result in physical environmental impacts.
1K: Inclusionary
X
This Policy Action addresses the City's intent to assess, analyze, and adopt a Housing Policy to
variety of inclusionary housing policy options that to encourage and facilitate Provide Below Market-
the construction of below market -rate housing. This Policy Action does not Rate Housing
result in direct housing development. This Policy includes the determination of the appropriateness and application of inclusionary policies, and the adoption of policies, programs or regulations for housing opportunities affordable to very low, low, and moderate -income households. The City has determined that a base inclusionary requirement of 15 percent for new residential development to be affordable to very low-, low-, and moderate - income households is appropriate as an interim measure prior to the adoption of a final inclusionary ordinance or policy. The final inclusionary policy shall address development of rental and for -sale housing affordable to
8-37
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
very low, low- and moderate -income households, as well as the applicability of this requirement and its alternatives. Therefore, this Policy Action would not result in physical environmental impacts.
1.1.3: Replacement of
Removed in 6th Cycle
This policy action was not included in the 6th Cycle Update since the Affordable Housing
Community Development Director determined that the replacement Demolished within the
requirement is no longer required.
Coastal Zone
1.1.1: Neighborhood
2A: Neighborhood
X
This Policy Action addresses the City's commitment to improving housing Preservation by
Preservation by
quality and preserving existing neighborhoods by enforcing applicable Enforcing Regulations
Enforcing Regulations
regulations and abating code (Municipal Code, Building Code, Fire Code) and Abating Code
and Abating Code
violations and nuisances. This Policy Action does not result in direct housing Violations and Nuisances
Violations and
development. This Policy Action involves the preparation of a quarterly Nuisances
report on code enforcement activities in the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
1.1.2: Investigation of
6C: Leverage CDGB and
X
The City would leverage Community Development Block Grant (CDGB) and Federal and Local Funds
other Federal Formula
other federal formula grant funding to further the City's housing goals. This to Assist Existing Lower-
Grant Funding to
Policy Action does not result in direct housing development. This Policy and Moderate -Income
Further the City's
Action involves the maintenance of a list of "Public and Private Resources Owner Occupants of
Housing Goals
Available for Housing and Community Development Activities", maintenance Residential Properties
of a list of resources on the City's website, and updates as necessary in the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
1.1.4: Implementation of
2B: Maintenance and
X
This Policy Action addresses the maintenance and implementation of the the Residential Building
Implementation of the
Residential Building Records program to reduce and prevent violations of Records Program to
Residential Building
building and zoning ordinances. This Policy Action does not result in direct Reduce and Prevent
Record Program to
housing development. This Policy Action includes the provision of a report Violations of Building
Reduce and Prevent
providing information as to permitted and illegal uses/construction, and and Zoning Ordinances
Violations of Building
verification that buildings meet applicable zoning and building requirements. and Zoning Ordinances
Therefore, this Policy Action would not result in physical environmental impacts.
4.1.2: Maintenance of
2C: Maintenance of
X
This Policy Action addresses the City's maintenance of its registration as a Registration as a
Registration as a
Qualified Preservation Entity with HCD to preserve at -risk units. This Policy Qualified Preservation
Qualified Preservation
Action involves consultation with property owners and potential preservation
8-38
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
Entity to Preserve of At-
Entity to Preserve At-
organizations regarding the potential use of CDBG and/or Affordable Housing Risk Units
Risk Units
Fund monies, and the non-profit acquisition of units to preserve at -risk housing units. Therefore, this Policy Action would not result in physical environmental impacts.
4.1.4: Investigate
See 6C
X
See above.
Availability of Federal,
State, and Local
Programs for the
Preservation of Existing
Lower -Income Housing
3A: Objective Design
X
This Policy Action addresses the City's review of existing development and Standards for
entitlement processes to comply with State Housing Law regarding objective Affordable Housing
design standards for housing projects where the City's discretion over design Projects
review is otherwise preempted per State law. This Policy Action does not result in direct housing development. Rather, this Policy Action involves the elimination of discretionary review for housing development proposals that include a minimum affordable housing component, and the amendment of existing development standards to replace or remove all subjective standards for projects with a minimum affordable housing component with objective standards that do not impede the type and density of housing it is intended to allow. Therefore, this Policy Action would not result in physical environmental impacts.
313: Establishment of
X
This Policy Action addresses the City's efforts to comply with California Written Procedures to
Government Code Section 65913.4 and publish those procedures for the Comply with SB 35
public, as appropriate, to comply with the requirements of Senate Bill (SB) 35, Chapter 366 Statutes 2017. This Policy Action does not result in direct housing development. This Policy Action involves the processing of development projects with at least 50 percent affordable units through a streamlined permit process. This Policy Action does not grant project -specific entitlements for housing development. Therefore, this Policy Action would not result in physical environmental impacts.
2.1.1: Preservation of
3C: Preservation of
X
This Policy Action addresses the City's maintenance of rental housing Rental Opportunities by
Rental Opportunities by
opportunities by restricting conversions of rental units to condominiums. This
8-39
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
Restricting Conversions
Restricting Conversions
Policy Action does not result in direct housing development. Rather, this of Rental Units to
of Rental Units to
Policy Action includes Municipal Code amendments to restrict the demolition Condominiums
Condominiums
of lower and moderate -income rental housing on sites that provide more than 15 units unless the units maintain the same income categories after demolition. Therefore, this Policy Action would not result in physical environmental impacts.
2.1.2: Expedient
31): Expedient
X
This Policy Action addresses the City's efforts to ensure expedient Construction and
Construction and
construction and occupancy for projects approved with lower- and moderate - Occupancy of Affordable
Occupancy of
income housing requirements. This Policy Action involves the use of Housing Developments
Affordable Housing
development agreements, expedited development review, and expedited Developments
processing of grading, building and other development permits, as affordable housing projects are submitted to the City. This process would not directly result in new housing development. Therefore, this Policy Action would not result in physical environmental impacts.
2.1.3: Issuance of
3E: Issuance of
X
This Policy Action addresses the City's continued participation with the Mortgage Revenue
Mortgage Revenue
County of Orange in the issuance of tax-exempt mortgage revenue bonds to Bonds to Facilitate and
Bonds to Facilitate and
facilitate and assist in financing, developing, and constructing housing Assist in Affordable
Assist in Affordable
affordable to low- and moderate -income households. This Policy Action does Housing Financing,
Housing Financing,
not result in direct housing development. Rather, this Policy Action is focused Development, and
Development, and
on the promotion of available bonds to the public and developers in the 611 Construction
Construction
Cycle planning period. This Policy Action would not result in physical environmental impacts.
2.1.4: Annual
3F: Annual Reporting
X
This Policy Action addresses an annual compliance -monitoring program for Compliance -Monitoring
Program for Units
units required to be occupied by very low-, low-, and moderate -income Program for Units
Required to be
households. This Policy Action does not result in direct housing development.
Required to be Occupied
Occupied by Very low-
This Policy Action involves the City's preparation of the annual General Plan by Very low- to
to Moderate -Income
Status Report, which includes the Housing Element Report provided to the Moderate -Income
Households
Office of Planning and Research (OPR) and HCD each year. This action is Households
primarily for monitoring and reporting purposes; therefore, it would not result in physical environmental impacts.
2.1.5: Entitlement
3G: Entitlement
X
This Policy Action addresses the City's provision of entitlement assistance, Assistance for Housing
Assistance for Housing
expedited entitlement processing, and application processing fee waivers for Developments with 5
developments in which five percent of units are affordable to extremely low -
,: I
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
Developments with 5
Percent Affordable
income households. To be eligible for a fee waiver, the units shall be subject Percent Affordable Units
Units
to an affordability covenant for a minimum duration of 55 years. This Policy Action is intended to programmatically expedite the development of affordable housing in the City. However, it does not result in the approval of site-specific projects or the construction of such projects. Therefore, this Policy Action would not result in physical environmental impacts.
2.1.6: Prioritization of
3H: Prioritization of
X
This Policy Action addresses the City's prioritization of Affordable Housing Affordable Housing
Affordable Housing
Fund monies to affordable housing developments. This Policy Action does not Funds to Affordable
Funds to Affordable
result in direct housing development. Instead, it involves the establishment of Housing Developments
Housing Developments
objective priorities to allow for the ranking/scoring of future affordable housing projects so that expenditures that most meet the City's objectives are prioritized for funding. Therefore, this Policy Action would not result in physical environmental impacts.
2.2.1: Maintenance of a
31: Maintenance of a
X
This Policy Action addresses the maintenance of a brochure of incentives Brochure of Affordable
Brochure of Affordable
offered by the City for the development of affordable housing. This Policy Housing Development
Housing Development
Action mainly involves marketing of available incentives to encourage Incentives to Provide
Incentives to Provide
developers to develop affordable housing and does not result in direct Public Information
Public Information
housing development. Therefore, this Policy Action would not result in About Affordable
About Affordable
physical environmental impacts.
Housing
Housing
2.2.2: Priority in Kind
3J: Priority in Kind
X
This Policy Action addresses the City's provision of more assistance for Assistance for Projects
Assistance for Projects
projects that provide a higher number of affordable units or a greater level of that Provide Greater
that Provide Greater
affordability. This Policy Action does not result in direct housing Levels of Affordability
Levels of Affordability
development. Instead, it involves the provision of assistance through CDBG funds of the City's Affordable Housing Fund to maintain housing affordability for at least 15 percent of housing units. Therefore, this Policy Action would not result in physical environmental impacts.
2.2.3: Maintenance of
3K: Maintenance of
X
This Policy Action addresses Code compliance to maintain the affordability of Affordable Housing Units
Affordable Housing
housing in the Coastal Zone for a minimum of 55 years, which is an increase in the Coastal Zone for
Units in the Coastal
from 30 years. This Policy Action does not result in direct housing 30 Years
Zone for 55 Years
development. Instead, it involves the City's adherence to Government Code Section 65590 and implementation of Municipal Code Titles 20.34 and 21.34 "Conversion or Demolition of Affordable Housing" for new developments
8-41
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
proposed in the Coastal Zone areas of the City. Therefore, this Policy Action would not result in physical environmental impacts.
2.2.4: Maintenance of
See 3G
See discussion for 3G.
Affordable Units'
Affordability for a 30
Year Minimum
2.2.5: Proactive
3L: Proactive Education
X
This Policy Action addresses the City's continued efforts to provide proactive Education and Outreach
and Outreach to
education and outreach to existing landowners and prospective developers of to Existing Landowners
Existing Landowners
affordable housing development opportunities within the City. This Policy and Prospective
and Prospective
Action does not result in direct housing development. Rather, it involves the Developers to Encourage
Developers to
maintenance of designated staff that can be contacted to provide housing Affordable Housing
Encourage Affordable
opportunity information and incentives for the development of affordable Development
Housing Development
housing during the 611 Cycle planning period. Therefore, this Policy Action would not result in physical environmental impacts.
2.2.6: Regional
3M: Regional
X
This Policy Action addresses the City's continued participation in regional Coordination of Housing
Coordination of
programs that assist housing production. This Policy Action does not result in Issues to Preserve the
Housing Issues to Assist
direct housing development. Rather, it involves the City's attendance of Existing Housing Stock
Housing Production
quarterly OCHA (Cities Advisory Committee) meetings to keep up to date on rehabilitation programs offered by the County of Orange to continuously inform homeowners and rental property owners of opportunities and to encourage preservation of existing housing stock. Therefore, this Policy Action would not result in physical environmental impacts.
2.3.1: Impact Studies of
3N: Impact Studies of
X
This Policy Action addresses the study of housing impacts of larger -scale, Proposed Major
Larger -Scale, Significant
significant commercial/industrial projects during the development review Commercial/Industrial
Commercial/Industrial
process. This Policy Action does not result in direct housing development.
Projects on Housing
Projects on Housing
Rather, it involves the development of a housing impact assessment that indicates the magnitude of jobs to be created by larger -scale, significant commercial/industrial projects, the locations of where housing opportunities are expected to be available, and identification of what measures are requisite to ensure adequate housing for the projects. This program does not grant any development entitlements or authorize development; therefore, no physical environmental impacts would occur.
.: FA
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
4A: Affirmatively
X
This Policy Action addresses the City's furthering of fair housing by taking Furthering Fair Housing
meaningful actions and resisting discrimination to overcome patterns of by Collaborating with
segregation and to foster inclusive communities. These actions involve Local and Regional
collaborating with local and regional organizations to address housing Organizations to
discrimination complaints, assist in dispute resolution, and, where necessary, Address Housing
refer complainants to appropriate State or federal agencies for further Discrimination
investigation, action, and resolution. Therefore, this Policy Action would not Complaints
result in physical environmental impacts.
3.1.1: Streamlined
413: Streamlined Project
X
This Policy Action proposes streamlining the development review process for Project Review for
Review for Proposed
proposed affordable housing developments. This Policy Action does not Proposed Affordable
Affordable Housing
result in direct housing development. Streamlined project review would still Housing Developments
Developments
be reviewed as a part of the City's development review process. Therefore, this Policy Action would not result in physical environmental impacts.
2.2.8: Implement
4C: Encouragement of
X
This Policy Action addresses the provision of density bonuses and incentives Chapter 20.32 (Density
Density Bonus and
to promote affordable housing development. This Policy Action includes the Bonus) of the Zoning
Incentives for
implementation of the City's Density Bonus Ordinance of the Zoning Code as Code
Affordable Housing
housing projects are submitted to the City during the 6th Cycle planning and educate interested
period. This program does not grant any development entitlements or developers about the
authorize development; therefore, no physical environmental impacts would benefits of density
occur.
bonuses and related
incentives for the
development of housing
that is affordable to very
low-, low-, and
moderate -income
households and senior
citizens
3.1.2: City shall grant a
density bonus as
required by state law or
provide other incentives
of equivalent financial
value when residential
8-43
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
developer agrees to
construct housing for
very low, low-, and
moderate income above
mandated requirements
3.1.3: List of Pre-
41): List of Pre-
X
This Policy Action addresses the development of a pre -approved list of Approved Development
Approved Development
incentives and qualification for such incentives to promote affordable Incentives to Promote
Incentives to Promote
housing development. This Policy Action would include a waiver of Affordable Housing
Affordable Housing
application and development fees or modification to development standards.
Development
Development
No direct housing construction would occur as a result of this Policy Action; projects would be subject to the City's development review process.
Therefore, this Policy Action would not result in physical environmental impacts.
3.2.2: Airport Area
4E: Airport Area
X
This Policy Action would maintain an existing exception to the minimum 10 - Exceptions to the
Exceptions to the
acre village requirement for projects that include a minimum of 30 percent of Minimum 10 -Acre
Minimum 10 -Acre
the units affordable to lower-income households. This Policy Action does not Village Requirement for
Village Requirement for
result in direct housing development. The exception includes provisions for Projects with Minimum
Projects with Minimum
adequate amenities, design considerations for the future integration into a 30 Percent Affordable
30 Percent Affordable
larger residential village, and a requirement to ensure collaboration with Housing Units
Housing Units
future developers in the area. Therefore, this Policy Action would not result in physical environmental impacts.
3.2.3: Encourage
4F: Encourage
X
This Policy Action addresses the encouragement and facilitation of residential Development of
Development of
and/or mixed-use development on candidate housing sites through the Designated Vacant and
Opportunity Sites by
provision of technical assistance to interested developers with site Underdeveloped Sites by
Technically Assisting
identification and entitlement processing. This Policy Action does not result in Technically Assisting
Developers with Site
direct housing development. Rather, this action involves the production of Developers with Site
Identification and
marketing materials to provide information to developers about affordable Identification and
Entitlement Processing
housing development within residential and mixed-use developments.
Entitlement Processing
Therefore, this Policy Action would not result in physical environmental impacts.
3.2.4: Annual RHNA Sites
4G: Annual RHNA Sites
X
This Policy Action addresses the monitoring and evaluation of the Annual Inventory Monitoring to
Inventory Monitoring to
RHNA Sites Inventory. This Policy Action does not result in direct housing Report Success of
Report Success of
development. Rather, it involves reporting of the success of strategies to
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
Strategies to Encourage
Strategies to Encourage
encourage residential development in the City's Annual Progress Reports Residential Development
Residential
required pursuant to Government Code 65400. Therefore, this Policy Action Development
would not result in physical environmental impacts.
4H: Review Mixed -Use
X
This Policy Action addresses the review of established mixed-use land use Zones to Ensure that
categories and corresponding zoning regulations in the City, and Mixed -Use
recommendations of policy or code changes to the City Council that reduce Opportunities are
regulatory barriers and incentivize mixed-use residential development. This Maximized
Policy Action does not result in direct housing development. Therefore, this Policy Action would not result in physical environmental impacts. 41: Establish Mixed -Use
X
This Policy Action addresses the establishment of mixed-use resort Resort Opportunities to
opportunities to encourage and incentivize the development of mixed-use Encourage and
hotels. This Policy Action does not result in direct housing development.
Incentivize the
Rather, it would involve the City's consideration of policies, regulations, Development of Mixed-
and/or interpretations to encourage the development of mixed-use hotels; Use Hotels
like clarifying ambiguities in local regulations, establishing parking programs, and increasing flexibility for the transfer of development rights. Therefore, this Policy Action would not result in physical environmental impacts.
4.1.1: Preservation of
5A: Preservation of
X
This Policy Action addresses the preservation of affordability covenants Affordability Covenants
Affordability Covenants
through contacting the owners of affordable units approaching expiration of by Conducting an Annual
by Conducting an
their affordability covenants. This Policy Action is primarily informational in Compliance Monitoring
Annual Compliance
nature and would not result in direct housing development; therefore, would Program and
Monitoring Program
not result in physical environmental impacts.
Maintaining a Contact
and Maintaining a
List on the City Website
Contact List on the City
Website
4.1.3: Promotion of
5B: Promotion of
X
This Policy Action addresses the City's efforts to provide and promote Section Section 8 Participation
Section 8 Participation
8 opportunities. This Policy Action does not result in direct housing development. The Policy Action would involve the maintain information on the City's website and the preparation of written communication for interested parties about Section 8 opportunities. This Policy Action is primarily informational in nature and therefore would not result in physical environmental impacts.
8-45
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
4.1.5: State Preservation
5C: Incentivization of
X
The City would investigate the potential for providing additional incentives or Notice Law Compliance
Property Owners to
modifying its current policy to incentivize property owners to preserve to Preserve Affordability
Preserve Affordability
affordability covenants. This Policy Action does not result in direct housing Covenants
Covenants
development because it is primarily investigative in nature. Therefore, this Policy Action would not result in physical environmental impacts.
4.1.6: Relocation Impact
5D: Maintenance and
X
This Policy Action addresses the maintenance and protection of mobile home Report Requirement for
Protection of Mobile
parks. This Policy Action does not result in direct housing development.
Mobile Home Park
Home Parks
Rather, it involves the review of existing provisions in the NBMC Title 20 Conversions
provision of the Mobile Home Park Overlay for consistency with State law in accordance with Government Code Section 65863.7. Therefore, this Policy Action would not result in physical environmental impacts.
4.1.7: Orange County
5E: Continued
X
The City would continue to participate as a member of the OCHA Advisory Housing Authority
Participation in the
Committee to provide Section 8 Rental Housing Assistance to residents of the Advisory Committee
Orange County Housing
community. This Policy Action does not result in direct housing development.
Authority (OCHA)
The City would focus on cooperation with the OCHA to inform landlords of Advisory Committee to
the program benefits of accepting Section 8 Certificate holders. Therefore, provide Section 8
this Policy Action would not result in physical environmental impacts.
Rental Housing
Assistance
4.2.1: Encouragement of
5F: Encouragement of
X
This Policy Action addresses the City's continued implementation and Water Efficiency for
Water Efficiency for
enforcement of the Water Efficient Landscape Ordinance and Landscape and Residential Projects
Residential Projects
Irrigation Design Standards in compliance with AB 1881. This Policy Action does not result in direct housing development. Instead, this Policy Action encourages the retrofit of existing residential developments to install water efficient appliances and fixtures. Therefore, this Policy Action would not result in physical environmental impacts.
4.2.2: Encouragement of
5G: Encouragement of
X
This Policy Action addresses requirements for affordable housing Energy Efficiency in
Energy Efficiency in
developments receiving funds from CDBG or the City's Affordable Housing Residential Projects
Residential Projects
Fund to include the installation of energy efficient appliances and devices.
This Policy Action does not result in direct housing development, and instead involves an energy efficiency program implementation as housing projects are awarded funds from the City in the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
.: ' •
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
4.2.3: Investigation of
Completed in 5th Cycle.
As noted in Appendix A of the 2021-2029 Housing Element, this Policy Action CDBG or Local Funds Use
was not included in the 61h Cycle Update since the City completed the action for an Energy Conserving
as part the 5th Cycle. The investigation was to be completed by Fall 2014.
Home Improvements
Program for Lower -
Income Homeowners
4.2.4: Maintain a process
X
This Program is not addressed specifically as an implementation action in the for LEED certified staff
2021-2029 Housing Element. However, the City does provide ongoing members to provide
technical assistance on energy efficiency including LEED certification. development assistance
to project Proponents
Seeking LEED
Certification
4.2.5: Maintain a Green
X
This Program is not addressed specifically as an implementation action in the Recognition Program to
2021-2029 Housing Element. Because the City was not able to complete this Encourage Voluntary
program under the 5th Cycle, the program is ongoing in order to provide Green Building Action
information on the benefits of LEED Certified buildings. No direct physical environmental impacts would occur.
5.1.1: Apply for CDBG
6A: CDBG Funds for
X
This Policy Action addresses the pursuit and use of CDBG funds for assisting Funds and Allocate a
Homeless Assistance
the homeless. This Policy Action does not result in direct housing Portion of Such Funds to
development. Rather, it includes annual applications to CDBG funds and the Subrecipients who
allocation of a portion of such funds to sub -recipients who provide shelter Provide Services for the
and other services for the homeless. Therefore, this Policy Action would not Homeless
result in physical environmental impacts.
5.1.2: Repair Loans and
613: Repair Loans and
X
This Policy Action addresses the development of repair loans and grant Grant Programs for
Grant Programs for
programs for seniors, persons with physical and developmental disabilities, Seniors, Persons with
Seniors, Persons with
and lower-income households. This Policy Action does not result in direct Physical and
Physical and
housing development. The City would continue to participate in the Orange Developmental
Developmental
County Continuum of Care, and provision of CDBG funding for vulnerable Disabilities and Lower-
Disabilities and Lower-
populations. This action is focused on collaboration and funding -related Income Households
Income Households
actions, therefore would not result in physical environmental impacts.
5.1.3: Permit Senior
See 1H, 11, 1.1
X
The City will continue to promote and facilitate ADUs for senior households Accessory Dwelling Units
as well as provide information on the permitting process to the community.
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Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
in Single -Unit Areas of
In 2020, amendments were made to the City's regulations on ADU to be the City
consistent with State law. Future ADU projects would be subject to the City's development review and plan check processes. Ongoing implementation of this program would not result in physical environmental impacts.
5.1.4: Work with the City
X
The management of the HOPWA (Housing Opportunities for Persons With of Santa Ana for HOPWA
AIDS) funds transferred from Santa Ana to Anaheim in 2016. City staff will Funds Allocation
continue to attend budget related allocation meetings. This is a modified program. Meeting attendance would not result in direct physical environmental impacts.
5.1.5: Maintain a List of
See 3E, 3G, 3H, 3J, 3L,
X
The City will continue to maintain a list of resources for housing and "Public and Private
3M, 4D, 5C, 6C
community development activities to promote housing development Resources Available for
throughout the City. This Policy Action would not result in physical Housing and Community
environmental impacts.
Development Activities"
6C: Leverage CDGB and
X
The City would leverage CDGB and other federal formula grant funding to other Federal Formula
further the City's housing goals. This Policy Action does not result in direct Grant Funding to
housing development. This Policy Action involves the maintenance of a list of Further the City's
"Public and Private Resources Available for Housing and Community Housing Goals
Development Activities", maintenance of a list of resources on the City's website, and updates as necessary in the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
5.1.6: Encouragement of
6D: Encouragement of
X
This Policy Action addresses the encouragement of daycare centers as a Daycare Center
Daycare Center
component of new affordable housing developments. This Policy Action does Development as Part of
Development as Part of
not result in direct housing development. Rather, it involves granting Affordable Housing
Affordable Housing
additional incentives in conjunction with the review and approval of density Developments
Developments
bonus projects pursuant to NBMC Chapter 20.32 (Density Bonus). Therefore, this Policy Action would not result in physical environmental impacts.
5.1.7: Encouragement of
6E: Encouragement of
X
This Policy Action addresses the City's continued encouragement of senior Senior Citizen
Senior Citizen
citizen independence through the promotion of senior housing and services.
Independence through
Independence through
This Policy Action does not result in direct housing development. Rather, it the Promotion of Senior
the Promotion of Senior
involves the provision of social services, support groups, health screenings, Housing and Services
Housing and Services
fitness classes, and educational services at the City's OASIS Senior Center or other facilities, and the offering of affordable ride -share transportation and
.: '
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
meal services to seniors who have little assistance in obtaining adequate meals during the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
6F: Municipal Code
X
This Policy Action involves the City's Municipal Code amendments to address Amendments to
requirements for emergency shelters and transitional and supportive Address Requirements
housing. This Policy Action does not result in direct housing development. for Emergency Shelters
This Policy Action is a Municipal Code amendment to comply with State Law and Transitional and
and therefore would not result in physical environmental impacts.
Supportive Housing
6G: Development of a
X
This Policy Action addresses the development of a comprehensive Senior Housing Priority
prioritization program for senior housing. This Policy Action does not result in Program to Address the
direct housing development. This action would include strategic Needs of the Senior
collaborations with the local senior community and organizations providing Population
senior services to evaluate existing programs, policies, procedures, and funding priorities. Therefore, this Policy Action would not result in physical environmental impacts.
7A: Compliance with
X
This Policy Action addresses the City's efforts to comply with State law State Law to Require
requiring the approval of 'by right' supportive housing with up to 50 units and Approval "By Right" of
low barrier navigation centers that meet the requirements of State law. This Supportive Housing and
Policy Action does not result in direct housing development. The City would Low Barrier Navigation
adopt policies, procedures, and regulations for processing supportive Centers
housing/low barrier navigation center uses to establish a non -discretionary local permit approval process. Therefore, this Policy Action would not result in physical environmental impacts.
7B: Encourage and
X
This Policy Action addresses amendments to the City's Zoning Code to Facilitate Emergency
encourage and facilitate emergency shelters and transitional and supportive Shelters and
housing. This Policy Action does not result in direct housing development.
Transitional and
The City would continue to monitor the inventory of sites appropriate to Supportive Housing
accommodate transitional and supportive housing, and collaboration with the appropriate organizations to ensure the needs of homeless and extremely low-income residents are met. Therefore, this Policy Action would not result in physical environmental impacts.
Attachment A
Newport Beach 2021-2029 Housing Element Update Review Matrix 5th Cycle Housing
6th Cycle Housing
Update/
Element Program:
Element Program:
New
Ongoing
Summary of Determination the Program is exempt under State CEQA Implementing Actions
Implementing Actions
Program
Program
Guidelines §15061(b)(3) common sense exemption
5.1.8: Provide Housing
7C: Promote Housing
X
This Policy Action addresses the review and prioritization of housing Support for Persons with
Development for
construction and rehabilitation including supportive services targeted for Developmental
Persons with
persons with developmental disabilities. This Policy Action does not result in Disabilities
Developmental
direct housing construction or physical environmental impacts. Rather, the Disabilities
City would explore granting regulatory incentives, such as expedited permit processing, and fee waivers and deferrals, to projects targeted for persons with developmental disabilities. Therefore, this Policy Action would not result in physical environmental impacts.
6.1.1: Provision of Fair
7D: Provision of Fair
X
This Policy Action addresses the City's contract with a fair housing agency to Housing Services
Housing Services
provide fair housing services for residents. This Policy Action does not result in direct housing development. This Policy Action includes the provision of a minimum of two public outreach and educational workshops a year, and the distribution of pamphlets containing information related to fair housing in the 6th Cycle. Therefore, this Policy Action would not result in physical environmental impacts.
7.1.1: Annual Reporting
8A: Annual Reporting
X
This Policy Action addresses the annual reporting on the status of all housing Program to Report on
Program to Report on
programs as part of its General Plan Review and Annual Progress Report. This the Status of All Housing
the Status of All
Policy Action does not result in direct housing development. An annual Programs
Housing Programs
reporting program would not result in direct physical environmental impacts.
2.2.7: Coordination with
8113: Coordination with
X
This Policy Action addresses coordination between the City and water and Water and Sewer Service
Water and Sewer
sewer providers when considering approval of new residential projects. This Providers
Service Providers
Policy Action does not result in direct housing development. The City would submit the adopted 6th Cycle Housing Element to local water and sewer providers for their review and input. Therefore, this Policy Action would not result in physical environmental impacts.
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