February 13, 2024
Item No. SS5
HOUSING ELEMENT IMPLEMENTATION
PROGRAM AMENDMENTS (PA2022-0245)
City Council Study Session
February 13, 2024
Community Development Department
• RHNA Assignment
6t" cycle (2021-2029) RHNA
allocation of 4,845 new units
assigned in early 2020
• Housing Element Adoption
• Housing Element Implementation
Must rezone by February 2025
I,
CITY OF
NEWPORT BEACH
2 • Amend Land Use Element Goals/Policies for Consistency • Zoning Overlays to Allow Housing (Titles 20 and 21)
• Objective Design Standards to Maintain Quality
• CEQA -Environmental Impact Report
I,
CITY OF
NEWPORT BEACH
IMPLEMENTING ACTION:
[own, _1aI
ELEMENT UPDATE
• Draft policies developed with significant input
• 3-member GPUSC (Steering Committee)
• 30-member GPAC (Advisory Committee)
• Land Use Element Subcommittee
• GPAC/GPUSC support on on August 21, 2023
• Posted online for input August 30, 2023
• PC Study Session September 21, 2023
• Revised and posted again January 16, 2024
I,
CITY OF
NEWPORT BEACH
Current Goal/Poli
Revised Goal/policy
N/A LU 4.2- Rezoning to Accommodate Housing Opportunities (new) Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy- The following areas are intended to be consistent with the Housing Element's focus areas- Properties zrithin each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning -.j-Le_s pree`Lded vy st2:e lay:. l:e mom i= to ensure an adequate number of sites Cir-. ide to _c cr_s:icclu: -i:e Cir, s aLoc-a:or: of the Regional Housing Needs Assessment:
N/A
■ Airport Environs: the intent is to support it density between 30 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units xvithin the area.
■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the area
■ Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area- units per gross acre-
■ Dover / Westcliff•. the -it tc=,.iocor, del -.sit: bear ee-t 2' ar.d =0 d7 :lling units per gross acre to accor_-mioc:_ t up, to 52= total t '. -.i:e area.
■ Coyote Canyon: the intent is to allow a density between 20 ana `:i av-e_l: g units per gross acre of viable land to accommodate up to 1,530 total d;yeliing units within the area_
LU 4.4- Residential Uses and Residential Densities [new] Residential use of any property includedwithin an established housing opportunity overlay zoning district is allowed regardless of the underlying land use category or density limit established through Policy LU 4.1, Table LU 1 and Table LU 2_ A general plan amendment is not required to develop a residential use within an established housing opportunity Zoning overlay district The maximum density specified for the various cr erlay districts specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of a dF,_elc n ent :ire may be developed at a higher density than specified by Policy 4.2 prov-o-ed o i_er portions of the site are developed at lower densities such that the average does not exceed the m ximuin Density calculations and total units do not include units permitted pursuant to State density bonus law.
Reason for Revision I Necessity
Since the HE highlights these afeas as the ones
with the most projected housing need, a policy
needed to be put in place to steer future
development regulations -
Necessary.
This policy is to establish the difference between
the already existing land use provisions in the
General Plan and nLw ones for the new Housing
Opportunity Oveflay Zones. The intent is to sham
that now residential uses and already existing uses
will be allowed in the said area. Necessary.
4.2 (Rezoninq to Accommodate Housing Opportunities)
framework for rezoning — density/focus area limits consistent with Housing Element Focu Area
J
Airport Area
West Newport Mesa
Newport Center
Dover/Westcliff
Coyote Canyon
Densit
V
30 - 50 d u/acre
20 - 50 d u/acre
20 - 50 d u/acre
20 - 50 d u/acre
20 - 60 d u/acre
MiLevellopment Limit
2,577 units
1,107 units
2,439 units
521 units
1,530 units
4.4 (Residential Uses and Residential Densities)
4.5 (Continuation of Existing Development)
4.6 (Consistency Required)
4.7 (Redevelopment and Transfer of Development Rights)
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CITY OF
NEWPORT BEACH
*These limits
do not include
1,662 "pipeline"
units
� Land Use Element amendment increases densities
and trips above thresholds (100 du/100 trips)
Ballot vote required for General Plan amendment
I,
CITY OF
NEWPORT BEACH
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DEVELOPMENT STANDARDS
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H)
Sections:
20.28.010 Purposes of Overlay ZoningOistricts.
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
20.28.030 Parking Management [PM) Overlay District.
20.28.040 Bluff (B) Overlay District.
20.28.050 Housing Opportunity {H01 Overlay Zoning Districts.
20.28.060 Height [H) Overlay District.
2D.28.010 Purposes of Overlay Zoning Districts.
The cui pcses of the in:l"v :l.ial cve-lay zoning districts and the ira iner r which they are applied are outiired belcrd• An ove• ay d.st• c- me•r ce Tritiated as a Zor rg P.-lap amendment in compliance with Chapter iAmendments). All development shall ccr-ip sith t-ie app icable development standards (e.g., setoacks, height) of the undenying zoning d"st• c- r ac,:i=ion to the standards provided in this chapter, if any. In situations where an inconsistency occ_rs bet,.,een the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail.
A. MHP (Mobile Home Parkl Overlay Zoning _ st•'ct.. —lie MHO Over'ay Zoring District is intended to establish a mcl:'le home district or, pane s c- lard detie.clseJ ;:i-.h irc:i e hair.e Isa: Ks. The regulations of this cistrict aie designed to maintain and 1,,otect mobile hame pa ks n a stable environment with a desi-aale re Jential character.
1Pv1 . -<i iQ Vlarageirent'•. oveilav Zonin¢ District. The PM O:erla; Zorirg District -s intended to pi ovlde Toro i 2as vrliei2 darmrg marageirert I3'ars are approl: late to ensure aJequa--e par<i ig.
C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 ofthis title (Maps),I
D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities can si stent with the Housing E I ement's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNAI. The specific areas are identified in Part 8 ofthis title ( Maps 1,
E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities.
TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas
Development Feature
HO-1
HO-2
HO-3
HOB
HO-5
HO-6
DeveJopment Limit (units]
22 577
11 107
459
22 374
1 11 530
v A
Lot Size/Dimension
Per Base Zone
Bensit tRange
Lot area required per unit
Minimum:
Minimum:
2,178 (20 dufac)
Maximum:
871(50 dufac)
Minimum:
All
Standards
ri ft.)
452 130
2 178 20
A2bEl
Maximum:
AqLgl
Maximum:
Per Base
Zane
871 50
du ac
726 60
du ac �*
Setbacks
Front
0 ft.i*
10 tL
10 ft (M)l i
DI-1
10 ft.(z"
Rear
0 —
20ft.
20ft.
0 20ft.
Side
W 1
Street Side
C1m
1Dft. 1U1
10ft.P
DftIZ'1
10ft.i*
Height
Per Base
65 ft.
65 ft."
Per
Base
Zonei'�
65 ft.
Zone
unless
otherwise
identified
on the
map
Building Separation
10 ft.
Floor Area Ratio (FAR)
No restrictionA
Common Open Spaced
Minimum 75 square feet/dwelling unit. (The minimum
dimension [length and width shall be 15 feet.
Private Open Space
5% of the gross floor area for each unit. [The minimum
dimension [length and width] shall be 6 feet.)
Fencing
See Section 2D.30.040(Fences, Hedges, Walls, and
Retaining Walls).
Landseapir
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 Outdoor Lighting).
Outdoor Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and
Activities .
Parkin
See Subsection (113)(31 below and Chapter 20.40 (Off -Street Parking).
Satellite Antennas
See Section 2D.48.190 (Satellite Antennas and Amateur
Radio Facilities].
Sigins
See Chapter 20.42 (Sign Standards).
f11 Winimunilmaximum allowable density ranize maybe ba5ed on an average density crifthe entire Promectsite. excludine density bonus units.
December 19, 2023 1 December 19, 2023
Consistent with the Housing Element
Process. Prescribes process for housing development in focus areas Development Limits. Aligns with new Land Use Element policies Development Standards. Provides setbacks, heights, and parking requirements to allow residential development at planned densities Area -Specific Standards. Such as sound attenuation in the Airport Area and park/trails in Coyote Canyon
I,
CITY OF
NEWPORT BEACH
CITY OF
NEWPORT BEACH
Multi -unit
Objective Design
Standards
DRAFT
January 16, 2024
.._.. __._._. _ ... _ _ _ _'TION:
OBJECTIVE DESIGN STANDARDS
12 Purpose and Intent
• Compliance with State Law
• Provide clear standards and certainty for developers
• Preserve the City's ability to foster good design
Applicability
• Multi -unit and mixed -use developments densities of 20 du/ac or greater • Both discretionary projects and by -right projects
• Waiver or modification of standards through site development review I,
CITY OF
NEWPORT BEACH
Incorporated feedback from stakeholders, including
designers, developers, and property owners
Parking Lots
Common Open Space
Recreational Amenities
Storefronts
Live/Work Office
Residential Fronts
Walls/Fences and Utilities
Private Streets
Private Driveways
Publicly Accessible Open
Space
Vertical Modulation
Transparency
• Shorten perceived length and mass
• Minimum plate heights
• Complemented with different fagade
materials, color, and fenestration
• Layering of recesses and projections
• Variation based on density
Ceko
1 _ Primary rataft
20 - 30 Dwalling unit par acre minlmurn base density buildings E-WdWs bal[oria:.
E.w
mpn
MOW
oTool racra�A ur
prylcpa nrial aral
Wlmary isratlo
30+Dwalling unit per acre minimum bass danslty buildings First Floor Entry
14 DRAFT PROGRAM ENVIRONMENTAL IMPACT
REPORT
THE CITY OF NEWPORT BEACH GENERAL PLAN
HOUSING IMPLEMENTATION PROGRAM
(SCH No. 2023060699)
PA2022-0245
Prepared for City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
Prepared by Kimley-Horn and Associates, Inc.
1100 W. Town & Country Road, Suite 700
Orange, California 92868
February 2024
KimlepMorn
IMPLEMENTING ACTION:
CEQA CLEARANCE
NEXT STEPS
• February 12, 2024, Draft E I R Released
• March 28, 2024, 46-Day EIR Public Comment Period Ends • April 18, 2024, Planning Commission Hearing
• May 16, 2024, ALUC Consideration
• May 28, 2024, City Council Notice of Intent to Overrule ALUC • July 23, 202Q, City Council Public Hearing*
✓ All final implementing documents and ballot resolutions • August 9, 2024, Last Day to Call Election
• November 5, 2024, Ballot Vote
I,
CITY OF
NEWPORT BEACH
Cos Angeles gimes
HOUSING 6 HOMELESSNESS
In Beverly Hills, no kitchen remodels or pool grottoes as judge orders building moratorium over lack of affordable housing Focus
Attorney General Bonta Secures Decision
Requiring Huntington Beach to Face Quick
Accountability for its Unlawful Housing Plan
Fullerton's Housing toes
As Huntington Beach has waged a very- public fight -Mth Bonta, Fullerton leaders kept theirs much quieter as they looked to meet the state's demands for new housing.
The first of many: spotlighting the 16 Builder's Remedy projects by Matlh— Hall April B, 2023 (Santa Monica)
CITY OF
NEWPORT BEACH 17
Comments due by 5 p.m. on March 28, 2024
• Implementation Documents • CEQA Clearance
www.newportbeachca.gov/heimplementation www.newportbeachca.gov/cega r —
Newport Beach Land Use Element Polici,
1-7,77
w'{.haP�er 20.Ts HP
".n
•• �•OVEPIPY'60N\NO g\5�0.\GtS IM
CITY CF
NEWPORT BEACH
Multi -unit
Objective Design
Standards
6,20 4
DRAFT PROGRAM ENVIRONMENTAL IMPACT
REPORT
THE CITY OF NEWPORT BEACH GENERAL PLAN
HOUSING IMPLEMENTATION PROGRAM
(SCH No. 2023060699)
PA2022-0245
Prepared fw City of Newport Beach
Community Development Department
I lb Civic Center Drive
Newport Beach, Calffomio 92660
Prepared by Kimley HOm and Associates. Ina.
I IM W. Town & Country Road, Saite 700
Orange. Calitomia 92868
Febnary 2]24
Kimley) Horn
CITY OF
NEWPORT BEACH
18 1. Pipeline Projects — Not included in total allocation in Focus Areas
2. Development Limits — Focus Areas have limited density and total units Example — Newport Center: 20 - 50 du/acre / 2,439 units max
3. Draft Documents — the following are currently available for review:
a) Land Use Element
b) Zoning Overlay*
c) Objective Design Standards
d) EIR
4. Public Hearing — City Council public hearing scheduled for July 23, 2024
5. Ballot Vote — Vote of the electorate schedule for November 5, 2024
6. Mandated Deadline — Implementation by February 2025
I, i
CITY OF
NEWPORT BEACH
THANK YOU!
Seimone Jurjis, Assistant City Manager/Community Development Director Jaime Murillo, AICP, Acting Deputy Community Development Director Ben Zdeba, AICP, Principal Planner
BACK UP SLIDES
DRAFT E I R TOPICS AND IMPACTS
Less Than Significant
• Biological Resources
• Energy
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Wildfire
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CITY OF
NEWPORT BEACH
Significant and Unavoidable
• Aesthetics
• Air Quality
• Cultural Resources
• Greenhouse Gas Emissions
• Noise
• Utilities and Service Systems
22 DEVELOPMENT LIMITS BY INCOME LEVEL
HO-1 AirportArea Environs
HO-2 West Newport Mesa
HO-3 Dover-Westcliff
HO-4 Newport Center
HO-5 Coyote Caryor
2,577 units '
1,107 unit
156 units
732 units
383 units
258 units §[1,546 units
111 units 664 units
52 units 313 units
244 units 1,463 units
153 units 995 units
23 Comprehensive General Plan Update
• Evaluates the entire General Plan for possible updates to reflect the current vision of the Newport Beach Community, anticipated to be completed 2025 with extensive public outreach and engagement
• May not require a Charter Section 423 vote
2021-2029 Housing Element Update and Implementation
• Compliance mandated by the State, must be completed by February 2025 to prevent State intervention and retain local control
Requires a Charter Section 423 vote
I,
CITY OF
NEWPORT BEACH
Very Low Income
Low Income
Moderate Income
Above Moderate
Income
I,
CITY OF
NEWPORT BEACH
0 - 50% AM
51 — 80% AM
81 — 120% AM
> 120% AM
Total
1,456 units
930 units
1,050 units
1,409 units
4,845 units
HOUSING STRATEGY: REZONE WITH BUFFER UNITS
Figure B-2: Focus Areas for Residential Development
Banning Ranch
West
Newport
Mesa Mover-
Westcliff
r.,.
< ,• All
- 0 1.5 3
NORTH Mites
I,
CITY OF
NEWPORT BEACH
im
Newport TRP'17 coyote
Center N , r=..,ea -
Airport Area Environs
Rezone
West Newport Mesa
Rezone
Dover-Westcliff Rezone
Newport Center Rezone
Coyote Canyon Rezone
Total Potential Capacity of
Rezones
City of Newport Beach
2021-2029 HOUSING ELEMENT
Figure B-3: Airport Area Ervirons—Sites Inventory
Extremely
Low
Low/ Very
Income
Low Income
773
332
156
732
383
2,376
Moderate
Income
258
111
52 244
153
818
Above
Moderate
Income
1,546
664
313
1,463
995
4,981
Slte Inventory:
Airport Area Environs
LEGEND
arysw�wary
Q SNMevm
O vVMircnaims
Total
2,577
1,107
521
2,439
1,530
8,174
`4
DESIGN GUIDELINE VERSUS DESIGN STANDARD
Subjective
Recommendations, may not be enforceable or
have same "teeth" as regulations
Open to interpretation, difficult to measure or
verify
Use words such as "should" or "may"
Adopted by resolution
Objective
Requirements, enforceable as regulation
Measurable and verifiable
Use language such as "shall", "must", or "is
required to"
Adopted by ordinance
Objective design standards: "involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. "
I, i
CITY OF
NEWPORT BEACH
OBJECTIVE DESIGN STANDARDS APPROACHES
Basic
• More design flexibility
• Difficult to enforce high
quality design
• Easier for staff to review
• Expediates processing
00 L�. L',�
I,
CITY OF
NEWPORT BEACH
Detailed
• Very prescriptive
• Ensures higher quality design
• Uniformity in design
• Less design flexibility
• Complicates development
review — longer review time
28 PURPOSE AND INT
SB 35
Requires approval
of qualified housing
projects based on
objective
regulatory
standards
HOUSING
ACCOUNTABILITY ACT
Local government
may not deny,
reduce density, or
make infeasible
housing projects
consistent with
objective design
standards
SB 330 HOUSING
CRISIS ACT
Prohibits imposing
or enforcing new
design standards
established on or
after January 1,
2020, that are not
objective
SB d
Housing development
is allowed, subject
to discretionary
approval, on a
parcel that is zoned
for office, retail, or
parking under certain
conditions
AB 2011
Streamlined Approval
for Multifamily
Projects on
Commercially Zoned
Parcels
Strong objective standards for single -unit and two
unit developments to control bulk and scale (3rd
floor massing)
• No design review = design flexibility for developer
• Design Guidelines
• Balboa Village, Lido Village, Mariners' Mile Strategic Vision and Design Framework, and various Planned
Community Development Plans
• Site development review allows decisionmakers
discretion to review compliance with codes and
applicable design guidelines
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CITY OF
NEWPORT BEACH
HOUSING ELEMENT IMPLEMENTATION PROGRAM
General Plan Land Use
Element and Coastal
Land Use Plan Update
Revise goals and/or
policies to support
housing production in the
focus areas and provide
guidance for the
implementing zoning
standards
Housing Opportunity
Overlay Zoning Districts
(Titles 20 and 21)
Rezone properties
through applying Housing
Opportunity Overlay
Zones that establish
appropriate development
standards
Multi -Unit Objective
Design Standards
Remove subjectivity and
create certainty of
compliance for
developers while
fostering good design
and maintaining Newport
Beach's character
oil
CITY OF
NEWPORT BEACH
CITY COUNCIL GUIDANCE: DEVELOPMENT LIMITS
1) Density Bonus Units and
Others (SB 6, SB 9, AB 2011, etc.)
• Should units that are created
through state legislation, such
as density bonus or SB 6,
count toward the HO Overlay
Zone development limits?
HO-1
H O-2
HO-
H O-4
HO-5
2) Household Income Levels
• Should the development limits within
each Housing Opportunity (HO)
Overlay Zone be further broken
down to account for household
income levels?
Airport Area Environs 2,577 unitliF773 units
West Newport Mesa
Dover-Westcliff
Newport Center
Coyote Canyon
1,530 unit
332 units
156 units
732 units
383 units
" 52 8 units 'P1,546 unit
111 units 664 units
52 units 313 units
244 units 1,463 units
153 units 995 units
CITY COUNCIL GUIDANCE: CEQA PROCESSING
3) Add Language to Clarify CEQA Clearance
Requirements for Projects Above RHNA
• Should language be added to the Land Use Element and the HO Overlay Zones that details CEQA requirements for projects exceeding the City's RHNA allocation or development limits in each HO Overlay Zone area? • NOTE: Without the language, projects will continue to be reviewed on a case -by -case basis to ensure CEQA compliance.
I,
CITY OF
NEWPORT BEACH