Attachment A
General Plan Annual Progress Report
2023
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City of Newport Beach
General Plan Annual
Progress Report
2023 Calendar Year
Approved For Submission
March XX, 2024
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2 THIS PAGE IS INTENTIONALLY LEFT BLANK.
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City of Newport Beach General Plan 2023 Annual Progress Report
3 Table of Contents
1. Introduction .......................................................................................................... 4
2. Presentation and acceptance by local legislative bodies .................... 4
3. General Plan Implementation ......................................................................... 4
4. Housing Element APR report requirements ............................................... 7
5. General Plan compliance with OPR’s General Plan Guidelines ........ 17
6. Established priorities for land use decision-making for 2023 ........... 18
List of Tables
Table 1 – Quick Status Update for Each Implementation Program Table A Summary – 2023 Housing Development Applications Submitted Table A2 Summary – 2023 Building Activity Summary – Net New Units Table B Summary – Regional Housing Needs Allocation Progress Appendices
Appendix A – General Plan Implementation Program Status Appendix B – Table D. Housing Element Implementation Program Status Appendix C – Memorandum from Dyett & Bhatia dated November 11, 2019
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4 1. Introduction
Consistent with Government Code Section 65400 and the City of Newport Beach (“City”) General Plan Implementation Program Imp 1.3, the General Plan Annual Progress Report (GPAPR) was prepared using guidelines set forth by the California Office of Planning and Research (OPR) and provides information for decision makers on the status of the General Plan and progress on implementation during the 2023 calendar year (“Reporting Period”). The current Newport Beach General Plan was last comprehensively updated and adopted in November 2006 pursuant to guidelines provided in Government Code Section 65040.2, and consistent with Section 65400(a)(2). There is no standardized form or format for the preparation of the GP APR; however, the report format and content follows the guidance provided by the 2022 Annual Progress Report Memorandum issued by OPR on October 6, 2022. The City is unaware of additional guidance provided by OPR since that memorandum.
2. Presentation and acceptance by local legislative
bodies
<DRAFT> The annual report was presented to the City’s Planning Commission on March 7, 2024, and the City Council reviewed the report on March 26, 2024. At the conclusion of the review, which included receiving public comments, the City Council authorized the submission of the report to OPR and the State Department of Housing and Community Development (HCD), as required by State law. </DRAFT>
3. General Plan Implementation
Included in the General Plan is an Implementation Program (Chapter 13) that includes specific programs to carry out the goals and policies of the General Plan. Appendix A of this report evaluates and provides the status of the General Plan organized by each implementation program. The table below provides a quick status on each program:
Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A
1.1 Ensure that Private Development and Capital
Improvements are Consistent with the General
Plan
✓
1.2 Update and Revise the General Plan to Reflect
Changing Conditions and Visions ✓
1.3 Prepare Annual General Plan Progress and
Housing Element Implementation Reports ✓
2.1 Amend the Zoning Code for Consistency with
the General Plan ✓
3.1 Preparation of New Specific Plans ✓
4.1 New “Planned Community” Development Plans ✓
5.1 Review and Revise Coastal Land Use Plan for
Consistency with the General Plan ✓
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City of Newport Beach General Plan 2023 Annual Progress Report
5 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A
6.1 Review the Subdivision Ordinance for
Consistency with the General Plan ✓
7.1 Review Building and Construction Code for
Consistency with General Plan ✓
7.2 Revise Fair Share Traffic Contribution
Ordinance ✓
7.3 Review and Update Transportation Demand
Ordinance ✓
8.1 Review Codes and Ordinances for Consistency
with the General Plan and Update Periodically ✓
8.2 Prepare New Codes, Ordinances, and
Guidelines ✓
9.1 Review City Council Policy Manual for
Consistency with the General Plan ✓
10.1 Maintain Up-to-Date Comprehensive Database
(Data such as built land use and traffic should
be updated on a continuing basis, while data
that is stable, such as seismic hazard zones,
can be updated on a less frequent basis)
✓
10.2 Maintain Development Tracking and Monitoring
Program ✓
11.1 CEQA Review Development and Entitlement
Applications ✓
12.1 Evaluate Fiscal Benefits of Large Development
Proposals and Annexations ✓
12.2 Maintain and Update Fiscal Impact Model ✓
13.1 Process Development Agreements ✓
14.1 Adjoining Cities
(“Borders Committees” to collaborate with the
cities of Irvine, Huntington Beach, and Costa
Mesa)
✓
14.2 Coordinate with School Districts ✓
14.3 Coordinate with Orange County ✓
14.4 Coordinate with Orange County Transportation
Authority (OCTA) ✓
14.5 State of California Department of Housing and
Community Development (HCD) ✓
14.6 Coordinate with California Coastal Commission ✓
14.7 Coordinate with the California Resources
Agency, Department of Fish and Game (now
known as California Department of Fish and
Wildlife)
✓
14.8 Coordinate with the California Department of
Parks and Recreation ✓
14.9 Coordinate with the California Department of
Transportation (“Caltrans”) ✓
14.10 Transportation Corridor Agencies (TCA) ✓
14.11 California Public Utilities Commission (CPUC) ✓
14.12 Coordinate with United States Army Corps of
Engineers (“Corps”) ✓
14.13 Coordinate with United States Fish and Wildlife
Service ✓
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6 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A
14.14 Coordinate with Environmental Protection
Agency (EPA) ✓
14.15 Coordinate with United States Postal Service
(USPS) (for the relocation of Mariners’ Mile
distribution facility)
✓
14.16 Other Agencies ✓
15.1 Encourage Annexation of Banning Ranch Prior
to Development ✓
16.1 Improve Arterial Streets and Highways
According to Classification ✓
16.2 Monitor Traffic Conditions and Plan for and
Fund Improvements ✓
16.3 Construct Street and Highway Improvements ✓
16.4 Monitor Roadway Conditions and Operational
Systems ✓
16.5 Maintain Consistency with Regional
Jurisdictions (Caltrans and Orange County to
provide adequate roadway infrastructure plans
and design standards such as the Orange
County Master Plan of Arterial Highways)
✓
16.6 Local/Neighborhood Access Roads ✓
16.7 Traffic Control ✓
16.8 Provide Public Transportation ✓
16.9 Manage Truck Operations ✓
16.10 Improve Parking Supply and Management ✓
16.11 Maintain Trails ✓
16.12 Marine Transportation ✓
17.1 Maintain and Implement Urban Water
Management Plans and Encourage
Conservation
✓
18.1 Maintain and Implement Sewer Master Plan ✓
19.1 Maintain Storm Drainage Facilities ✓
20.1 Design, Fund, and Construct Streetscape
Improvements ✓
20.1 Design, Fund, and Construct Streetscape
Improvements (continued) ✓
20.2 Design, Fund, and Construct Waterfront
Promenade ✓
20.3 Fund and Construct Public View Sites ✓
21.1 Review and Update Harbor and Tidelands
Improvement Plans ✓
21.2 Develop Harbor Area Management Plan
(HAMP) ✓
21.3 Events Management and Programs ✓
21.4 Harbor Operations and Management ✓
22.1 Maintain and Enhance Police and Fire Facilities ✓
23.1 Maintain and Update Parks and Recreation
Facility Plans ✓
23.2 Maintain and Improve Parks and Recreation
Facilities ✓
23.3 Assess Recreation Needs ✓
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City of Newport Beach General Plan 2023 Annual Progress Report
7 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A
23.4 Maintain Recreation Programs for Newport
Beach’s Residents ✓
23.5 Requirements for Residential Developers ✓
24.1 Adopt and Implement Strategic Plan for Fiscal
and Economic Sustainability ✓
25.1 Implement Housing Element Programs ✓
26.1 Enforce Codes and Ordinances ✓
27.1 Seismic Compliance ✓
28.1 Maintain Hazards Data Base ✓
28.2 Maintain Emergency Preparedness, Response,
and Recovery Programs ✓
29.1 Educate the Community ✓
29.2 Support of the Arts, Culture, and Historic
Resources ✓
29.3 Support Community Environmental and
Recreation Initiatives ✓
30.1 Maintain Annual Budgets for City Services and
Improvements ✓
30.2 Administer Impact and User Fees (Development
Impact Fees, Park Dedication and In-Lieu Fees,
and Tideland Revenue Fees)
✓
31.1 Consider the Establishment of Community
Facilities and Special Assessment
Districts
✓
4. Housing Element APR report requirements
Government Code Section 65400 requires that each city, including charter cities, prepare an annual progress report (APR) on the status of the General Plan Housing Element. The State Department of Housing and Community Development (HCD) has provided mandatory forms in an Excel workbook format and definitions for the reporting. The forms include 12 tables (Tables A , A2, B, C, D, E, F, F2, G, H, I, and J) . A summary of the contents of each table is provided below. The complete forms are too large to include in this report and are available online at the following link: www.newportbeachca.gov/APR The City’s 6th Cycle Housing Element was originally adopted by City Council in February 2022, subsequently revised an d re-adopted on September 2022, and certified as being statutorily compliant by HCD in October 2022. Pursuant to guidance provided by HCD, Table D will include the Implementation Programs from the recently certified Housing Element 2021-2029. The complete Table D is provided in Appendix B of this report.
Table A Summary – Housing Development Applications Submitted
Table A provides a complete listing of all housing applications including discretionary and ministerial permits submitted during the Reporting Period. The following table is a summary of the net totals of Table A.
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8 Table A Summary – 2023 Housing Development Applications Submitted Unit Type
Affordability By Income Total
Submitted Very-Low Low Moderate Above-
Moderate
Accessory
Dwelling
Units
18 31 22 1 72
Single-
Family 0 0 0 93 93
Multi-
Family 55 0 0 565 620
Total 73 31 22 659 785
Table A2 Summary – Annual Building Activity Summary
Table A2 is a comprehensive table that includes data on net new housing units and developments that have received any one of the following forms of project readiness during the Reporting Period: 1) an entitlement approval, 2) a building permit issued, or 3) a certificate of occupancy issued. These projects are organized by affordability level.
Projects that result in a net zero or decrease in number of units a re not reported in this table.
Table A2 Summary - 2023 Building Activity Summary – Net New Units Approved
Entitlements Building Permits Issued Certificates of Occupancy Issued
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
None None 11 Very Low-
Income (ADU)
18 Low-Income
(ADU)
13 Moderate-
Income (ADU)
1 (ADU) 14 Very Low-
Income
(ADU)
24 Low-Income
(ADU)
17 Moderate-
Income (ADU)
1 (ADU)
Table B Summary – Regional Housing Needs Allocation Progress
Table B reports the number of units for which permits were issued to demonstrate progress in meeting the City’s Regional Housing Needs Allocation goal.
The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region’s new housing units that should be constructed in the 20 21 - 2029 planning period to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG determined the City’s share of RHNA 8-17
City of Newport Beach General Plan 2023 Annual Progress Report
9 to be a total of 4,845 new dwelling units. This includes 1,456 dwelling units affordable to very-low-income households, 930 dwelling units affordable to low -income households, 1,050 dwelling units affordable to moderate-income households, and 1,409 dwelling units that are market rate or for above -moderate households. It is important to note that the City adopted its 6 th Cycle Housing Element and received cert ification in September and October 2022 , respectively . The City has been working diligently to pursue implementation through updating the Land Use Element and Coastal Land Use Plan, through creating zoning overlays to provide for by -right housing developme nt, and through the establishment of objective design standards for multi -unit residential development projects.
Table B Summary: Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability
Income
Level RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total to Date
Very Low 1,456 13 8 11 32
Low 930 21 14 18 53
Moderate 1,050 1 11 13 25
Above
Moderate 1,409 31 7 1 39
Total
RHNA 4,845 66 40 43 - - - - - 149
Total
Units
Produced
66 40 43
149
Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall Housing Need
As noted, t he City has been actively pursuing rezoning all 6 th Cycle Housing Element opportunity sites listed in Appendix B of the Housing Element. Accordingly, Table C simply reflects the data in Appendix B of the Housing Element.
Table D Summary - Program Implementation Status Pursuant to Government Code Section 65583
Table D provides the status and/or progress of implementing each Housing Element Program for the Reporting Period. Appendix B includes a detailed status report of each Housing Element Program. Some highlights of the implementation in 2023 are excerpted below:
Efforts to Assist the Unhoused
The City continues to provide robust assistance to those who are unhoused in the community. For this reporting period, the following was accomplished:
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10 • In 2023, the Be Well OC Mobile Crisis Team (hereafter “Be Well”) operated seven days a week for 12 hours per shift. In July and August, the hours were shifted t wo hours later due the high influx of daily visitors coming to the coastal area. Be Well responded to mental, behavioral, and substance use crises throughout the City. The team proactively engages the unhoused population to provide resources, shelter placements, and program referrals.
Be Well had 3,681 contacts with residents, visitors, and unhoused people.
Be Well transported 334 times to social service, medical, and other essential appointments, or intakes. Of the 334 transports, 52 were for shelter intake appointments, 65 to crisis stabilization units for treatment, and 58 to the Be Well campus sobering station for treatment. Be Well also reunified four people with their families.
• The homeless outreach and engagement team permanently housed 16 people from the street to housing with five of the 16 people entering assisted living and one reunified with family.
• The Costa Mesa Bridge Shelter permanently housed six people and reunified two people with their families. In July 2023, the City Council approved an additional five beds in the Costa Mesa Bridge Shelter, with the option to use up to six more beds if Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day, including full wrap- around services. There were several weeks in 2023 when all 25 beds were filled, and the per-day option was not exercised.
• In 2023, CityNet, the City’s social service contractor, placed 25 people into shelters. They provided 886 contacts with the unhoused population in Newport Beach.
• Trellis International is a Costa Mesa -based non-profit organization which provides volunteer opportunities for individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path forward to stable employment and housing. The Pub lic Works department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to renter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and more. The CIT completed 150 projects in 2023.
• The City hosted two Homeless Services Community Forums in 2023. PATH (People Assisting The Homeless) presented an overview of their operations at the County’s shelter, the Yale Navigation Center, as well as other County initiatives for encampment removal a nd limited street outreach and engagement. The County’s Office of Care Coordination presented an overview of County funding sources, shelter operations, and collaboration 8-19
City of Newport Beach General Plan 2023 Annual Progress Report
11 with state, city, and contracted service providers. The programs are available in the NBTV archives for viewing.
• The outreach and engagement team had two notable permanent housing placements in 2023. One woman needed multiple stays at the Costa Mesa Bridge Shelter, the Yale Navigation Center, and the Buena Park Navigation center before be coming stabilized to move forward with housing. She utilized the Newport Beach Public Library’s literacy program to bolster her reading and social skills, met regularly with the Be Well team to regulate her behavioral health, and collaborated with the City ’s homeless services manager to transition into housing. She was housed in January. The Newport Beach Police Department’s homeless liaison officer placed a gravely ill man on an involuntary medical hold and took the lead to coordinate an assisted living pl acement at the end of December. This placement included City Net activating his insurance, Be Well advocating for a seamless transfer from the hospital to the facility, and the City’s Finance department processing the Good Giving payment. Thanks to generous funding from the Good Giving program, the homeless liaison officer was able to facilitate the placement and payment for his permanent housing.
Significant Residential Development Projects with Affordable Units
The City has significant projects on sites identified as underutilized with activity during the Reporting Period:
• Uptown Newport (4288 Half Dome Place 445 -134-34) – Approved in February 2013, for the construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park space. The Uptown Newport Planned Community requires densities between 30 du/acre and 50 du/acre, consistent wi th the densities of the General Plan, and allows additional density opportunities with a density bonus. Construction of Phase 1A (462 apartment units, including 92 affordable units) was completed and finalized in 2019. In 2020, a minor site development rev iew was approved for 30 residential condominium units, considered Phase 1B . The Site Development Review application was approved by the Community Development Director in July 2022, and was in review in plan check in 2023.
• Newport Crossings Mixed -Use (1660 Dove St.) – Located on a site identified as underutilized. The Newport Crossings Mixed -Use project is located on a site identified as underutilized. The project was submitted in 2017 and approved by the Planning Commission on February 21, 2019. The project includes the development of 350 residential apartment units, including 78 units affordable to low-income households. The plan check for construction drawing review was submitted on November 17, 2020, and is currently in plan check review with permits expected mid-2024. 8-20
12 • Residences at 4400 Von Karman – In 2020, the former Koll Center Residences project was actively reviewed under a new project submittal called The Residences at 4400 Von Karman. The requ est consists of rezoning nonresidential property to mixed -use land uses, including up to 260 residential units plus an allowance for density bonus units up to a total of 312 units (13 very-low Income units). On November 5, 2020, the Planning Commission considered the project and recommended approval to the City Council. The City Council approved the project on February 9, 2021 . The submittal for building permit plan check is pending but anticipated with permits issued in 2024.
• Newport Airport Village (4647 MacArthur Boulevard) – A General Plan Amendment, Planned Community Development Plan (PCDP), and a Development Agreement that would allow for the future redevelopment of the 16.46-acre property with up to 444 dwelling units (329 base units and 115 density bonus units) and 202,989 square feet of retail, office, and other airport supporting uses. The legislative amendments were approved by City Council on September 22, 2020. The Site Development Review, AHIP and Parcel Map were submitted for the development o f the 444 units in a six- story apartment building including 37 very -low affordable units. Planning Commission review is anticipated in Spring 2024.
• Newport Village Mixed Use (2000-2244 and 2001 -2241 West Coast Highway) – Redevelopment of underutilized commercial sites for a new mixed-use development including 1 7 residential condominiums and 1 81 Apartments (including 9 very -low-income units) on the North and South sides of West Coast Highway . The SB 330 preliminary application for the redesigned project was deemed complete in March 2022. The project was submitted in August 2022 and deemed complete in September 2022 . The EIR scoping meeting was held in October 2023. Scoping period ended on November 13, 2023, and the draft EIR is in progress.
• 2510 West Coast Highway – In December 2019, an application was submitted for a new mixed -use development located at 2510 West Coast Highway to redevelop existing underutilized commercial sites. The project includes the development of 35 dwelling units, three of which would be restricted for Very Low -Income households. In exchange for providing the Very Low-Income units, the developer has requested a density bonus of nine units (35% bonus), a development waiver for build ing height and a waiver regarding the unit mix. The project was approved by the City’s Planning Commission on February 18, 2021, and called for City Council review. The project was approved by the City Council on July 27, 2021. The project was appealed to the California Coastal Commission (CCC) and on October 13, 2021, the CCC determined no substantial issue, approving the 8-21
City of Newport Beach General Plan 2023 Annual Progress Report
13 project. The project was in plan check in 2022/2023 and is anticipated to receive permits early 2024.
• Residences at 1300 Bristol Street – Applied for on June, 30, 2021, the project i ncludes 24 affordable units (12 very -low income and 12 low income). The developer has requested a density bonus of 39 units (50% bonus) for a total of 193 apartment units, and requested incentives including six development standard waivers related to park land dedication, building setbacks, building height, private open space for the studio-size rental units, common open space for the entire Project , as well as two development concessions related to the mix of affordable units and park in -lieu fee payment. The project received entitlement approvals in March 2022, and is currently within the plan check process.
• Residences at 1600 Dove Street – Housing development project for 282 units (inclusive of 94 density bonus and 49 units via GPA). 254 units would be market rate and 28 would be affordable (likely to be very-low income and will be confirmed with AHIP). Applicant originally submitted December 2022 and is currently under review . Hearings by the Planning Comm ission and subsequently City Council are anticipated beginning late Spring 2024.
• Residences at 1401 Quail Street – Preliminary application resubmitted in October 2022 and deemed complete in November 2022. The residential condominium project consists of 67 units, including six very-low and two low income-units. The Site Development Review was submitted on February 14, 2023. The Planning Commission reviewed and recommended approval of the project on December 7, 2023. The City Council’s review is anticipated April 2024.
• Residences at 1400 Bristol Street – A housing development project consisting of 229 apartment units (including 50% density bonus and 64 units via GPA). The project includes 23 affordable units for very -low income households. Planning Commission reviewed and recommended approval of the project on December 7, 2023 . The City Council’s review is anticipated April 2024.
• Residences at 4667 MacArthur Boulevard – Preliminary application for a housing development project with 90 units, including nine affordable units and 4,370 square feet of retail space on the ground floor. This preliminary application was deemed incomplete on April 27, 2023, and the City has been actively working with the applicant to identify a path forward.
• Residences at 4361 Birch Street – On November 17, 2023, a h ousing development project was submitted for a 75-unit (including eight very-low income units), four-story, apartment building comprised of three -stories of residential uses, an on -grade parking garage and surface parking with a 8-22
14 total of 140 parking spaces, a leasing office, amenity space and an outdoor pool. The application is currently incomplete.
• Placentia Avenue Apartments (1526 Placentia Avenue ) – On July 11, 2023, a housing development project was submitted for an 11-unit podium style apartment building with two floors of apartments over podium parking at the ground level. The project consists of seven base units and four density bonus units in exchange for providing one very-low income unit. The application is currently under review with Zoning Administrator hearing anticipated Summer of 2024.
Policy Actions 1A-1G: Focus Area Amendments for Housing Implementation
Immediately after the 6th Cycle Housing Element’s adoption in September 2022, the City began efforts to implement the housing strategy. This predominantly included analyzing the General Plan Land Use Element for necessary amendments needed for consistency, drafting overlay zoning text for various focus areas, and creating objective design standards. The goal is to rezone the housing opportunity sites appropriately for housing development. The City has been working with the General Plan Update Steering Committee and the General Plan Advisory Committee on this effort, held study sessions with the Planning Commission and City Council, and made draft documents available for public review and input to ensure a transpare nt process that is representative of the community’s values. Although the initial target was to be complete d in this reporting period, the City is on schedule to have the Land Use Element updated and Zoning Overlays adopted by the end of 2024. The delay wa s largely due to the need to prepare a programmatic level environmental impact report (EIR) to contemplate the possible impacts of the increased residential development capacity in the various Focus Areas.
During this reporting period, however, it is important to note that the City Council adopted changes to the General Plan and Municipal Code on November 28, 2023, to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment EIR No. 617, as well as updated General Plan Land Use and Noise Element policies and additional noise attenuation measures for future housing unit s proximate to John Wayne Airport. These Amendments were in furtherance of Policy Action 1A.
The balance of the implementing actions will be contingent to a successful vote of the electorate pursuant to Charter Section 423 planned for November 5, 2024.
Policy Actions 1H, 1I, and 1J: Accessory Dwelling Units
In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development:
• Code Amendment Related to State Law Updates and Additional Incentives : In September of 2022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) 8-23
City of Newport Beach General Plan 2023 Annual Progress Report
15 into law that amended Government Code Secti ons 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates, and recommended their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California Coastal Commission to incorporate the changes i nto Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code.
• Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to suppl ement the City’s outreach and foster interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu.
• ADU Standard Plans : In Fall of 2023,the City launched its ADU Standard Plans program designed to offer property owners permit ready ADU plans at no charge.
Use of th e standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce the permit review process since the a rchitectural and structural component of the plans have been pre-reviewed and approved for building code compliance. The City currently offers two separate types of studio designs, one one -bedroom design, and garage conversion plans.
• ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to temporarily waive City plan check review fees, building construction permit review fees, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end of 2024 and will complement other new City programs intended to promote and facilitate ADU development, including website enhancements and pre - approved plans.
In 2023, 72 ADUs were submitted for review. T here were 71 ADUs that received building permits and final inspections, resulting in a net increase in new units. A significant contribution was the 30 ADUs that were finalized at the existing 880 Irvine Apartments. The project converted existing mail room s, utility rooms, and 8-24
16 offices into ADUs. All ADUs that received permits in 2023 will be counted towards the new 6th Cycle RHNA.
Policy Action 6B: Repair Loans and Grant Programs for Seniors, Persons with Physical and Developmental Disabilities and Lower-Income Households
The City’s Senior Housing Assistance Repair Program (SHARP) continues to successfully assist low-income seniors. In 2023, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $87,813. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement and roof repairs. To date, the program has used $293,386 for a total of 17 projects.
Table E Summary – Commercial Development Bonus Approved Pursuant to Government Code Section 65915.7
This table does not apply for this Reporting Period because the City did not approve any commercial development bonus in exchange for the development of affordable housing during the Reporting Period. Pursuant to State Density Bonu s Law, a commercial developer may be eligible for an increase in floor area, height, or other development standard exception if they partner with an affordable housing developer to provide affordable housing units.
Table F Summary – Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites Pursuant to Government Code Section 65583.1(c)(2)
This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023.
Table F2 Summary – Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code Section 65400.2
This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023.
Table G Summary – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of pursuant to Government Code Section 54230
This table does not apply for this Reporting Period because the City has not had any relevant activities in 2023.
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City of Newport Beach General Plan 2023 Annual Progress Report
17 Table H Summary – Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code Section 50569
Effective February 28, 2023, the City sold a portion of the property located at 1516 Balboa Blvd W to Orange County Sanitation District (OC San). The property was incorporated into the adjacent parcel at 1514 Balboa Blvd W, which contains a pump station facility owned and operated by OC San. The remn ant parcel containing approximately 1,042 square feet was sold by the City as exempt surplus land pursuant to City Council Resolution No. 2022-48.
Table I Summary – Units Constructed Pursuant to Government Code Section 65852.21 and Applications for Lot Splits Pursuant to Government Code Section 66411.7 (SB9)
This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023.
Table J Summary – Student Housing Development for Lower Income Students for which was Granted a Density Bonus Pursuant to Subparagraph (F) of Paragraph (1) of Subdivision (b) of Section 65915
This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023.
5. General Plan compliance with OPR’s General Plan
Guidelines
Newport Beach General Plan Implementation Program 1.3 provides that the annual progress report must specify the degree to which the General Plan complies with the General Plan Guidelines published by the Governor’s Office of Planning and Research (OPR) and the date of its last revision. The Newport Beach General Plan was last comprehensively updated in 2006. It has since been amended 52 times, including three major Housing Element updates (2007 , 2014, and 2022 ). The OPR published General Plan Guidelines pursuant to Government Code Section 65040.2 in 2017 to reflect more recent changes to Government Code Section 65302.
In February 2019, the City Council initiated a comprehensive review and update of the General Plan with the goal to bring it up to date with the requirements of Government Code Section 65302 consistent with the City’s changing v ision to be identified through a robust public outreach process. In January 2020, after the release of the draft Regional Housing Needs Assessment (RHNA) allocations, the City pivoted its efforts away from a comprehensive update to focus on the Circulation Element and Housing Element. This re-focus was necessary to ensure the City was able to meet the statutory deadline for Housing Element Update adoption.
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18 On September 13, 2022, the City Council re-adopted the 6th Cycle Housing Element. On October 5, 2022, the State Department of Housing and Community Development (HCD) determined the re-adopted Housing Element is statutorily compliant, including programs that affirmatively further fair housing. On October 25, 2022, the City Council also adopted an update to the Circulation Element mostly to refresh policy language for compliance with state law . This included addressing vehicle miles traveled (VMT) and complete streets.
Thereafter, t he City began working with the community (1) to implement the Housing Element’s plan, and (2) to consider updates to the balance of the General Plan , holding nine General Plan Update Steering Committee meetings and nine General Plan Advisory Committee meetings. In July of 2023, the City entered into an agreement with Dudek for consulting services on the comprehensive General Plan Update. As previously noted, the City is on track to implement the Housing Element through rezoning in 2024. The comprehensive update is anticipated to wrap up by the end of 2025.
The Newport Beach General Plan is generally consistent with the guidelines except that several re quired elements will require updating in the future to be consistent with Government Code Section 65302 following the guidance of OPR’s 2017 Guidelines. The November 11, 2019 , memorandum from Dyett & Bhatia ( Appendix C) maintains some pertinence and outlines each shortcoming in more detail:
• The Safety Element does not fully address Climate Change as required by Government Code Section 65302(g). The City will update the Safety Element as part of the comprehensive update to address Climate Change in concert with an update to the City’s Local Hazard Mitigation Plan.
• The General Plan currently does not address Environmental Justice as specified by Government Code Section 65302(h). Including Environmental Justice policies or adding a new separate element is not required until the City revises two or more elements of the General Plan., Environmental Justice policy considerations will be included in the updated elements, as appropriate.
6. Established priorities for land use decision -making for 2023
In 2023, priorities on amendments and policies included the following and the status of each can be found in the referenced Implementation Programs in Appendix A:
Title 20 (Zoning Code) Update Related to State Mandates (Implementation Program
8.2)
The City continues to closely monitor changes in state legislation and strives to keep the Newport Beach Municipal Code up to date. Specifically in 2023, the City updated Title 20 to reflect changes in state law regarding accessory dwelling units. The City also updated 8-27
City of Newport Beach General Plan 2023 Annual Progress Report
19 its requirements related to nonresidential parking and completed a comprehensive clean up to streamline the Newport Beach Municipal Code.
Furthermore, the City Council adopted changes to the Municipal Code on November 28, 2023, to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment EIR No. 617 in furtherance of the 6th Cycle Housing Element’s Policy Action 1A.
Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementati on Plan) Update Related to Accessory Dwelling Units (Implementation Program 8.2)
Refer to the discussion on page 12 of this report regarding efforts related to revising the City’s regulations pertaining to accessory dwelling units.
Title 17 (Harbor Code) Update (Implementation Program 8.1)
• Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE) grant programs, 30 unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor. • Using City funds, two additional unseaworthy and unsanitary nuisance vessels in impound were removed from the harbor and destroyed.
• Code enforcement efforts continued to be a significant focus in the calendar year 2023 and specifically focused on:
o Navigation lighting enforcement.
o Dye-tabbing of visiting vessels, live -aboard permittees, mooring sub - permittees.
o After hours patrols to address multiple berthing violations, un -permitted live aboards and noise from charter vessels and rowing programs. o Residential dock inspections including assessment of the operability and sanitary conditions of vessels berthed at private docks. • Continued monitoring, testing and repair , when necessary , of the vessel sanitation system pump -out equipment at the five City -owned pump -out facilities. The Bay Foundation issued a report on the usability of the pump-out equipment in Newport Harbor. The usability for all the City -owned and maintained equipment was 90% or above which is considerably better than the non-City-owned equipment in the harbor and equipment in other harbors. The improved and remarkable usability of the equipment is largely due to the installation of the Particle Separation devices placed before the mechanical pump equipment greatly reducing damage and downtime.
Regulation and transfer of mooring permit applications and titles:
• The new mooring permit form rollout was completed
• A high volume of mooring permits, totaling 87, were transferred in calendar 2023 8-28
20 • The new Mooring License program for the 16 City-owned moorings was approved and the program to make them available to the public via lotter y was rolled out in late December
• The pilot project to reorganize and optimize the utilization of the C -Mooring Field was approved by City Council. A required Coastal Development Permit application was filed with the California Coastal Commission in September of 2023.
Maintaining Up-to-Date Comprehensive Database (Implementation Program 10.1)
The City’s Geographical Information System (GIS) data is update d regularly to provide up-to-date, parcel-specific information including specific lot information, planning (zoning, land entitlements, building, code enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general ser vices, harbor, hazards including flood and seismic, fire, police, public works, parking, street and utilities. New layers are added whenever necessary and appropriate.
Maintaining Development Tracking and Monitoring Program (Implementation Program 10.2)
The City continues to fine -tune a parcel -specific database that accounts for all existing development. The database includes statistics for non -residential floor area and residential dwelling units. The database is used for site -specific information or compiled to provide information by any geography needed, from a single lot to a neighborhood , statistical area , and to citywide. The land use data is available by Statistical Area as directed by the General Plan. The data was used to update the land use inpu ts of the Newport Beach Traffic Analysis Model (NBTAM) consistent with the Orange County Transportation Analysis Model (OCTAM).
As required by Section 423 of the City Charter, the Planning Division tracks increases in development limits approved by Gene ral Plan amendments (GPA) for a period of 10 years. If a proposed amendment exceeds the established thresholds of 40,000 square feet of non-residential development, 100 dwelling units, 100 AM peak hour traffic trips or 100 PM peak hour traffic trips on its own or, when combined with 80 % of previously approved General Plan amendment(s) located in the same Statistical Area, the amendment is considered a “major amendment.” Approval or denial of a “major amendment” is determined by a vote of the electorate. The GPA/Charter Section 423 tracking tables are available for public review at the General Plan information page on Newport Beach’s Community Development Department’s Planning Division website at https://www.newportbeachca.gov/chartersection423.
Staff continues to update the database of all transfers of development rights in each statistical area, as they occur. Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights – Newport Center) allow development rights and intensity (e.g. square footage) to be transferred in certain circumstances without an amendment to the General Plan. The policies are implemented 8-29
City of Newport Beach General Plan 2023 Annual Progress Report
21 by Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and the North Newport Center Planned Community Development Plan.
The transfer of development tables are located at the following webpage :
https://www.newportbeachca.gov/developmenttransfertables.
Update and Revision to the General Plan to Reflect Changing Conditions and Visions (General Plan Implementation Program 1.2)
The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to ensure it is maintained to reflect current conditions, issues , and visions.
As discussed in Section 5 of this report, the City embarked on a comprehensive update of the General Plan in 2019 but pivoted in 2020 to focus on preparing the 6 th Cycle Housing Element update, as well as an update to the Circulation Element.
The City continued to focus its efforts, which ultimately led to City Council’s initial adoption of the 6th Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD, the City Council re -adopted a refreshed 6 th Cycle Housing Element on September 13, 2022. The update is a comprehensive statement of the City’s housing policies and serves as a guide for the implementation of these policies. As required by state law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH). On October 5, 2022, HCD determined the City’s 6th Cycle Housing Element is in full statutory compliance.
On October 25, 2022, the City Council adopted an updated Circulation Element that included several refr eshed policies that are compliant with state law. For example, the updated Circulation Element contains policies related to complete streets and vehicle miles traveled. The policies were reviewed by the community through extensive outreach and remain consistent with the community’s vision.
Simultaneous with the efforts to update the Housing Element and Circulation Element, the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In November 2022, the City Council appointed a 30-member General Plan Advisory Committee (GPAC) to help represent the community and guide potential policy changes.
During the reporting period, the GPUSC and the GPAC each met nine times. Topics for review included the draft Land Use Element updates to implement the Housing Element, as well as the broader comprehensive update. In July 2023, the City entered into 8-30
22 agreement with Dudek to provide consulting services on the comprehensive General Plan Update.
This effort is on a parallel track alongside the City’s Housing Element implementation.
The Housing Element implementation is expected to be effective by the end of 2024, with the comprehensive General Plan Update expected to be completed by the end of 2025.
Information regarding the General Plan update efforts to date, including the initiation, evaluation, and process can be found on the City’s website and on the webpage at www.newportbeachca.gov/gpupdate.
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1 APPENDIX A. General Plan Implementation Program Status
Programs Status
1.1 Ensure that Private
Development and
Capital
Improvements are
Consistent
with the General
Plan
Ongoing
1. All private development projects require consistency with the General Plan . Consistency is ensured through the application of zoning requirements. Discretionary applications require the adoption of a finding that the project is consistent with the General Plan based upon facts.
2. In June 2023, the City Council confirmed that the Fiscal Year 2022-23 Capital Improvement Program (CIP) was consistent with the General Plan when it approved the CIP with the adoption of the budget.
For reference, in November 2012 the residents approved Measure EE , a City charter amendment. Section 707 o f the City’s Charter was amended eliminating the need for the Planning Commission to recommend any proposed Public Works items to the City Council.
1.2 Update and Revise
the General Plan to
Reflect Changing
Conditions and
Visions
Ongoing
The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions. As discussed in Section 5 of this report, the City embarked on a comprehensive update of the General Plan in 2019, but pivoted in 2020 to focus on preparing the 6th Cycle Housing Element update, as well as an update to the Circulation Element.
In 2022, the City continued to focus its efforts, which ultimately led to City Council’s initial ad option of the 6 th Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD, the City Council re - adopted a refreshed 6 th Cycle Housing Element on September 13, 2022. The update is a comprehensive statement of the City’s housing policies and serves as a guide for the implementation of these policies. As required by State law, the update examines current housing needs , estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furt hering fair housing (AFFH). On October 5, 2022 , HCD formally determined the City’s 6th Cycle Housing Element is in full statutory compliance.
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2 Programs Status
On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed policies that are fully compliant with State law. The policies were also reviewed by the community through extensive outreach and are in tune with the community’s vision.
Simultaneous with the efforts to update the Housing Element and Circulation Element, the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In November 2022, the City Counci l appointed a 30 -member General Plan Advisory Committee (GPAC) to help represent the community and guide potential policy changes.
During the reporting period, the GPUSC and the GPAC each met nine times. Topics for review included the draft Land Use Elem ent updates to implement the Housing Element, as well as the broader comprehensive update. In July 2023, the City entered into agreement with Dudek to provide consulting services on the comprehensive General Plan Update.
This effort is on a parallel trac k alongside the City’s Housing Element implementation. The Housing Element implementation’s draft program -level environmental impact report (EIR ) was being prepared during the reporting period and released in February 2024. The implementation effort is expected to be effective by the end of 2024, with the comprehensive General Plan Update expected to be completed by the end of 2025.
Information regarding the General Plan update efforts to date, including the initiation, evaluation, and process can be found on the City’s webpage at www.newportbeachca.gov/gpupdate.
1.3 Prepare Annual
General Pla n
Progress and
Housing Element
Implementation
Reports
Ongoing – 2022 report completed and submitted; 2023 report pending
The Annual Report for 2022 was reviewed by the City Council and submitted to the Governor’s Office of Planning and Research ( OPR) and State of California Department of Housing and Community Development ( HCD) in April 2023. Implementation Program 1.3 also states that that the report must specify the degree to which the General Plan complies with the General P lan Guidelines published by OPR and the date of its last revision. The Newport Beach General Plan was last comprehensively updated in 2006. It has since been amended 52 times, including three major Housing Element updates (2007, 2014, and 2022). The OPR published General Plan Guidelines pursuant to Government Code Section 65040.2 in 2017 to reflect more recent changes to Government Code Section 65302. In February 2019, the City Council initiated a comprehensive review and update of the General Plan with the goal to bring it up to date with the requirements of Government Code Section 65302 consistent with the City’s changing vision to be identifie d through a robust public outreach process. In January 2020, after the release of the draft Regional Housing Needs Assessment (RHNA) allocations, the City pivoted its efforts away from a comprehensive update to focus on the Circulation Element and Housing Element. This re -focus was necessary to ensure the City 8-33
3 Programs Status
was able to meet the statutory deadline for Housing Elemen t Update adoption. On September 13, 2022, the City Council re -adopted the 6 th Cycle Housing Element. On October 5, 2022, the State Department of Housin g and Community Development (HCD) determined the re -adopted Housing Element is statutorily compliant, including programs that affirmatively further fair housing. On October 25, 2022, the City Council also adopted an update to the Circulation Eleme nt mostly to refresh policy language for compliance with State law. This included addressing vehicle miles travele d (VMT) and complete streets. Thereafter, the City began working with the community (1) to implement the Housing Element’s plan, and (2) to consider updates to the balance of the General Plan, holding nine General Plan Update Steering Committee meetings and nine General Plan Advisory Committee meetings. In July of 2023, the City entered into an agreement with Dudek for consulting services on the comprehensive General Plan Update. As previously noted, the Ci ty is on track to implement the Housing Element thr ough rezoning in 2024. The comprehensive update is anticipated to wrap up by the end of 2025.
2.1 Amend the Zoning
Code for
Consistency with the
General Plan
Ongoing
A Comprehensive Zoning Code Update, consistent with the 2006 General Plan, was adopted by City Council in October 2010. The City is currently in the process of updating its Land Use Element and Zoning Code to include by - right zoning for housing consistent with Appendix B of the certified 6th Cycle Housing Element for 2021-2029.
3.1 Preparation of New
Specific Plans
Not Applicable in 2023
Within the Airport Area, Uptown Newport an d Koll Center elected to meet their “regulatory p lan” requirements (General Plan Policy LU 6.15.10) through a Planned Community Development Plan as allowed pursuant to Implementation Program 4.1. The streetscape improvements for West Newport and Balboa Village are intended to create a unified theme as public and private improvements are implemented in the area.
4.1 New “Planned
Community”
Development
Plans
Ongoing
•
The City will promote the establishment of planned community development plans when it is appropriate to do so for future development that is consistent with the General Plan.
5.1 Review and Revise
Coastal Land Use
Plan for Consistency
with the General
Plan
Complete and Ongoing
The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan in 2009. When the City approves an amendment of the General Plan that affects property in the Coastal Z one, the City prepares necessary amendments to the CLUP. The General Plan amendment is held in abeyance until the corresponding 8-34
4 Programs Status
CLUP amendment is certified by the California Coastal Commission and accepted by the City Council.
6.1 Review the
Subdivision
Ordinance for
Consistency with the
General Plan
Complete
The Subdivision Code was reviewed and updated in 2009 and 2010 consistent with this program.
7.1 Review Building and
Construction Code
for Consistency with
General Plan
Complete and Ongoing
The City of Newport Beach has adopted, with some local amendments, the 2022 edition of the building codes in late 2022. The adopted 2022 code became effective January 1, 2023.
7.2 Revise Fair Share
Traffic Contribution
Ordinance
Partially Complete and Ongoing
The City continues to adjust the fee annually for changes in the Consumer Price Index.
7.3 Review and Update
Transportation
Demand Ordinance
Complete
The Transportation Demand Management Ordinance was reviewed and updated as a part of the compr ehensive Zoning Code Update in 2010 (see Section 20.44 of the Zoning Code).
8.1 Review Codes and
Ordinances for
Consistency with the
General Plan and
Update Periodically
Complete and Ongoing
Codes and Ordinances are revised for consistency with the General Pl an on an as-needed basis. The Zoning Code was comprehensively updated in 2010, and Subdivision Code was updated in 2009 and 2010 for consistency with the General Plan . The following are specifically recommended (sections from the Implementation Measu re are italicized):
A) Requirements for live-aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental protection, and impacts on the public, waterfront owners/lessees, and adjoining properties; • Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE) grant programs, 30 unw anted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor.
8-35
5 Programs Status
• Using City funds, two additional unseaworthy and unsanitary nuisance ve ssels in impound were removed from the harbor and destroyed.
• Code enforceme nt efforts continued to be a significant focus in the calend ar year 2023 and specifically focused on: Navigation lighting enforcement, Dye-tabbing of visiting vessels, live-aboard permittees, mooring sub-permittees, After hours patrols to address multiple berthing violations, un -permitted live aboards and noise from charter vessels and rowing programs, and residential dock inspections including assessment of the operability and sanitary conditions of vessels berthed at private docks. • Continued monitoring, t esting and repair , when necessary , of the vessel sanitation system pump -out equipment at the five City-owned pump-out facilities. The Bay Foundation issued a report on the usability of the pump-out equipment in Newport Harbor. The usability for all the City -owned and maintained equ ipment was 90% or above which is considerably better than the non -City-owned equip ment in the harbor and equipment in other harbors. The improved and rem arkable usability of the equipment is largely due to the installation of t he Particle Separation devices placed before the mechanical pump equipment greatly reducing damage and downtime.
B) Regulation and transfer of mooring permit applications and titles – Managed by the City’s Harbormaster’s Office on an ongoing basis.
• The new mooring permit form rollout was completed
• A high volume of mooring permits, totaling 87, were transferred in calendar 2023 • The new Mooring License p rogram for the 16 City-owned moorings was approved and the program to make them available to the public via lottery was rolled out in late December • The pilot project to reorganize and optimize the utilization o f the C -Mooring Field was approved by City Council. A required Coastal Development Permit application was filed with the California Coastal Commission in September of 2023.
D) Standards and policies specified by the Noise Element to protect sensitive n oise receptors, residents and businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries, special events, charter and entertainment boats, and similar sources – Reviewed and implemented on an ongoing basis through project review consistent with the Airport Land Use Environs P lan (AELUP) by Code Enforcement, Harbormaster’s Office, and building inspectors.
8.2 Prepare New Codes,
Ordinances, and
Guidelines
Ongoing
The comprehensive Zoning Code update was adopted in November 2010, by the City Council. The following are 8-36
6 Programs Status
specifically recommended (sections from the Implementation Measure are italicized):
A) A “commercial-residential” interface ordinance that regulates use, activity, and design of commercial properties located on shallow parcels directly abuttin g residential neighborhoods - The Zoning Code includes development standards that address the commercial and residential interface to minimize potential land conflicts.
B) Design guidelines for the reno vation or reconstruction of housing in existing neighborhoods to assure that they complement the character of existing development; these may be applied to specific neighborhoods or citywide – The 2010 Zoning Code attempted to regulate third floor mass and bulk through the use of NBMC Section 20.48.180 (Residential Development Standards and Design Criteria), which includes third floor area limits, third floor step backs for enclosed floor area, and open space standards to increase building modulation. However, the third floor limits did not apply to unenclosed covered deck areas or unfinished attics, resulting in building designs with third levels (enclosed and unenclosed) that visually appear larger and bulkier than the code intended. Furthermore, these standards did not currently apply to two-unit Residential, Balboa Island (R -BI) and the Multiple Residential (RM) zoning districts. On November 24, 2020, the City Council adopted Ordinance No. 2020 -28 amending the residential design standards to reduce the bulk and mass associated with future single-unit and two-unit developments by clarifying the definition of gross floor area, regulating covered third floor decks, and expanding the application of third floor area and open volume standards.
C) An ordinance or guidelines for the preservation of historic bui ldings and/or properties; this shall be developed in consideration of guidelines published by the S tate Historic Preservation Office – Staff continues t o review projects subject to the California Environm ental Quality Act ( CEQA) to address historic preservation. A n ordinance has not been prepared at this time due to competing priorities and staff resources.
D) An ordinance man aging parking in commercial and mixed -use corridors and districts characterized by deficient parking; this may provide for the estab lishment of parking districts in which new parking may be developed in public or private shared fac ilities or structures or other facilities, as well as procedures for th e funding of these improvements – In 2016, the City pursued this initiative through the Mariners’ Mile Revitalization Master Plan . The plan was prepared but it s adoption was postponed to consider its content/initiatives as part of a future comprehensive General Plan update. See Program 16.10 for an update on parking.
On February 12, 2019, the City Council adopted amendments to Title 20 and Title 21 necessary to address changes in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend thei r l ocal ordinances to conform to California Government Code Section 65852.2. The ordinances expanded opportunities in the City for the conversion and construction of new Accessory Dwelling Units (ADUs) to any residential lot with existing or proposed single-unit development. 8-37
7 Programs Status
In 2019, the California Legislature adopted another group of housin g bills aimed at addressing the housing crisis.
The Legislature approved, and the Governor signed SB 13 (C hapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among ot her things, amended Government Code sections 65852.2 and 65852.22 to further impose new limits on the City’s ability to regulate ADUs and Junior Accessory Dwelling Units ( JADUs). On March 10, 2020, the City adopted Ordinance No. 2020 -9, amending Newport Beach Municipal Code (NBMC) Title 20 to conform with revisions to Go vernment Code Sections 65852.2 and 65852.22. In additi on, on April 10, 2020, staff submitted amendments to NBMC Tit le 21 (Implementation Plan of the Local Coastal Program) to the California Coastal Commission incorporating the r evised ADU regulations. During this reporting period, the City continued to pursue amendments to Title 21 with the California Coastal Commission.
In 2023, the City pursued several efforts related to revising the City’s regulation s pertaining to accessory dwelling units and incentivizing their development:
• Code Amendment Related to S tate Law Updates and Additional Incentives : In September of 2 022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s ab ility to re gulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates, and recommended their a doption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submi tted to the California Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code.
• Website Enhancements: In Spring of 2023, the Community Development Department l aunched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to supplement the City’s outreach and foster interest in constructing ADUs. The w ebsite now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources are available for potential finance and gra nt opportunities for homeowners. Users can look up the ir property attributes including zoning and approximate lot s ize. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu. 8-38
8 Programs Status
• ADU Standard Plans: In Fall of 2023, the City launched its ADU Standard P lans program designed to offer property owners permit ready ADU plans at no charge. Use of the standard p lans provide a substantial cost savings ($15k to $30k) for prop erty owners by eliminating the need to hire a design professional to prepare custom set of architectural and stru ctural plans. They also reduce the permit review process since the architectural and structural component of the plans have been pre -reviewed and approved for building code compliance. The City c urrently offers two separate types o f studio designs, one one -bedroom designs, and garage conversion plans.
E) The City continues to closely monitor changes in State legislation and strives to keep the Newport Beach Municipal Code up to date. Specifically in 2023, the City updated Title 20 to reflect changes in State law regarding accessory dwelling units. The City also updated its requirements related to nonresidential parking and completed a comprehensive clean up to streamline the Newport Beach Municipal Code.
Furthermore, the City Council adopted changes to the Municipal Code on November 28, 2023, to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment EIR No. 617 in furtherance of the 6th Cycle Housing Element’s Policy Action 1A.
9.1 Review City Council
Policy Manual for
Consistency with the
General Plan
Ongoing
In 2023, the following City Council Policies were reviewed and amended: E-1, A-1,G-1, F-1, B-1, B-6, B-7, B-8, B-10, B-13, B-14, B- 16, B-17, B-3, F-7, F-12, G-1, F-6, L-6, L-21.
10.1 Maintain Up -to-Date
Comprehensive
Database
(Data such as built
land use and traffic
should be update d
on a continuing
basis, while data that
is stable, such as
seismic hazard
zones, can be
updated on a less
frequent basis)
Ongoing
The City’s Geographical Information System (GIS) data is updated regularly to provide up -to-date parcel-specific information including specific lot information (agreements), planning (zoning, land entitlements, building, code enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general services, harbor, hazards including flood and seism ic, fire, police, public works, parking, street and utilities. New layers are added whenever necessary and appropriate.
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9 Programs Status
10.2 Maintain
Development
Tracking and
Monitoring Program
Ongoing
The City continues to fine -tune a parcel-specific database that accounts for all existing development. The database includes statistics for commercial floor area and residential dwelling units. The database is used fo r site -specific information or compiled to provi de information by any geography needed, from a single lot t o a neighborhood to statistical area and citywide. The land use data is available by Statistical Area as directed b y the General Plan. The data is currently being used to update the land use portion of the Newport Beach Traffic Model (NBTAM).
As require d by Section 423 of the City Charter, the Planning Division tracks increases in development limits approved by General Plan amendments (GPA) for a per iod of 10 years. If a proposed amendment exceeds the established thresholds of 40,000 square feet of non -residential development, 100 dwelling units, 100 AM peak hour traffic trips, or 100 PM peak hour traffic trips on its own or, when combined with 80% of previously approved General Plan amendment(s) located in the same Statistical Area, the amendment is cons idered a “major amendment.” Approval or denial of a “major amendment” is determined by a vote of the electorate. The GPA/Charter Section 423 tracking tables are available for public review at the General Plan information page on Newport Beach’s Community Development Department’s Planning Division website at - https://www.newportbeachca.gov/chartersection423
Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights – Newport Center) allow development rights (e.g. square footage) to be transferred in certain circumstances without an amendment t o the General Plan. The po licies are implemented by Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and the North Ne wport Center Planned Community Development Plan. The transfer of development tables are located at the following webpage:
https://www.newportbeachca.gov/developmenttransfertables
11.1 CEQA Review
Development and
Entitlement
Applications
Ongoing
All private and public development projects and programs defined as a “project” pursuant to the California Environmental Quality Act (CEQA) are reviewed in compliance with the Act. 8-40
10 Programs Status
12.1 Evaluate Fiscal
Benefits of Large
Development
Proposals and
Annexations
Ongoing
The City continues to examine the f iscal benefits of large development proposals consistent with Implementation Policy 12.1. No annexations were considered during the reporting period.
12.2 Maintain and Update
Fiscal Impact Model
Ongoing
The fiscal impact model is maintained by Applied D evelopment Economics, Inc. on behalf of the City. The model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in the City. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sa les taxes, and other taxes, as well as a variety of user charges and fees. The output from t he fiscal impact model can be modified to address these circumstances for each individual project and the fiscal year the project is proposed.
13.1 Process
Development
Agreements
Ongoing
The City requires Development Agreements for projects in accordance with Chapter 15.45 of the Municipal Code and where required by the Gener al Plan . In 202 3, the City wo rked with a n applicant on three general plan amendments all requiring development agreements. These are: (1) the Baldwin & Sons Medical Office Project at 20 Corporate Plaza; (2) the 1400 Bristol Street Residences; and (3) the 1401 Quail Street residences.
14.1 Adjoining Cities
(“Borders
Committees” to
collaborate with the
cities of Irvine,
Huntington Beach,
and Costa Mesa)
Ongoing
The City continuously collaborates with n eighboring cities as projects/issues warrant but the re currently is not a n established committee.
• In 2023, the Be Well Mobile Crisis Team ope rated 7 days a week for 12 hours per shift. In July and August, the hours were shifted two hours later due the high influx of daily visitors coming to the coastal are a. The Be Well team responded to mental, behavioral, and substance use crises throughout the city. The team proactively engages the unhoused population to provide resources, shelter placements, and progra m referrals. Be Well had 3,681 contacts with residents, visitors, and unhoused people. Be Well transported 334 times to social service, medical, and other essential appointments, or intakes. Of the 334 transports, 52 were for shelter intake appointments, 65 to crisis stabilization units for treatment, and 5 8 to the Be Well campus sobering station for treatment. The Be Well team also reunified four people with their families. 8-41
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• The homeless outreach and engagement team permanently housed 16 people from the str eet to housing.
Five of the 16 people entered assisted living and one was reunified with family. • The Costa Mesa Bridge Shelter permanently housed six people and reunified two people with their families.
In July 2023, the City Council approved an additional five beds in the Costa Mesa Bridge Shelter, with th e option to use up to six more beds if Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day, including full wrap -around services. There were several weeks in 20 23 when all 25 beds were filled, and the per-day option was not exercised. • In 2023, City Net, the City’s social service contractor, placed 25 people into shelters. They provided 886 contacts with the unhoused population in Newport Beach. • Trellis International is a Costa Mesa-based non-profit organization which provides volunteer opportunities for individuals experiencing homelessness or housing insecurity to lea rn and/or rebuild job skills and a path forward to stable employment and housing. The Public Work s department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to renter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and more. The CIT completed 150 projects in 2023. • The City host ed two Homeless Services Community Forums in 2023. PATH (People Assisting The Homeless) presented an overview of their operations at the County’s shelter, the Yale Navigation Center, as well as other County initiatives for encampme nt removal and lim ited street outreach and engagement. The County’s Office of Care Coo rdination presented an overview of County funding sourc es, shelter operations, and collaboration with state, city, and contracted service providers. The programs are avai lable in the NBTV archives for viewing.
• The outreach and engagement team had two notable permanent hous ing placements in 2023. One woman needed multiple stays at the Costa Mesa Bridge Shelter, the Yal e Navigation Center, and the Buena Park Navigation center before becoming stabilized to move forward with housing. She utilized the Newport Be ach Public Library’s literacy program to bolster her re ading and social skills, met regularly with the Be Well team to regulate her behavioral health, and collaborated wi th the City’s homeless se rvices manager to transition into housing. She was housed in January. The Newp ort Beach Police Department’s homeless liaison officer placed a gravely ill man on an involuntary medical hold and took the lead to coordinate an assiste d living placement at the end of December. This placement included City Net activating his insurance, Be Well advocating for a seamless trans fer from the hospital to the facility, and the City’s Finance department processing the Good Giving payment. Thanks to generous funding from the G ood Giving program, the homeless liaison officer was able to facilitate the placement and payment for his permanent housing.
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14.2 Coordinate with
School Districts
Ongoing
Staff works with Newport Mesa Unified School District, Santa Ana Uni fied School District, and Coast Community College District (“School Districts”) on the identification and acquisition of po tential school sites and expansion of existing facilities on an as -needed basis. Should the need arise , Public Works staff monitors traffic conditions at school locations. The City works with the School Districts on joint-use agreements for public recreational uses of school properties on an as -needed basis. School fees are assessed during the issuance of building perm its when applicable.
14.3 Coordinate with
Orange County
Ongoing
The City of Newport Beach continues to work with Orange County on various programs affecting land use and development, affordable housing, transportation, infrastructure, resource conservat ion, environmental qualit y, management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans on an as-needed basis.
14.4 Coordinate with
Orange County
Transportation
Authority (OCTA)
Ongoing
The Public Works Di rector is on the T echnical Advisory Committee (TAC) , which meets monthly and consists of most of the Public Works Directors in Orange County, to discuss and make recommendations to the OCTA and its board on the allocation of funding. Additionally, Staff attends OCTA Traffic Forums along with other Orange County agencies on a biannual basis to discuss regional traffic items and traffic signal synchronization.
14.5 State of California
Department of
Housing and
Community
Development (HCD)
Ongoing
The 2023 General Plan Annual Progress Report, including the Housing Element Report, will be sent to HCD in April 2024.
14.6 Coordinate with
California Coastal
Commission
Ongoing
• Big Canyon Restoration - Phase 2A. This project in the center of the Nature Park cont ains jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of Engineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control B oard and California Department of Fish and Wildlife. The project was completed early 2022. 8-43
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• Big Canyon Restoration - Phase 3 (formerly 2B/C). This proposed project at the mouth of Big Canyon Nature Park contains jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of En gineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California Department of Fish and Wildlife. A design consultant has been selected and design was completed in 2022. Proposed project start: April 15, 202 3. Substantially complete, December 1, 2023. The City has agreed to be CEQA lead.
• Planning and Public Work s staff routinely communicate dir ectly with Coastal Commission staff on an as - needed basis regarding implementation of the Local Coastal Program. The following are Coastal Commission Actions related to LCP Amendments in 2023:
o On December 9, 2022, t he City submitted a three -part LCP Amendment (LCP-5-NPB-22-0056-1) to the Coastal Commission for their review and approval. The three parts include: Part A) Request to amend the Implementat ion Plan (IP) of the City’s certified Local Coast al Program to incorporat e standards and establish an appr oval process for considering density bonuses with housing development projects. These amendments are required to en sure the City’s regulat ions are in compliance with State law; Part B) Amend development limit to incr ease the maximum gross floor area allowed on t he Lido House Hotel site from 103,470 square feet t o 118,573 square feet and delete references to fire statio n; and Part C) Clarifying developme nt allowances for residential uses that are nonco nforming due to density and reinstating a side setback al lowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM -6,000 zoning and coastal zoni ng districts.
Part B am endment was approved by the California Coastal Commission on February 8, 2024.
Hearings on Parts A and C are anticipated by Hearings are anticipated in Spring of 2024. o On April 11, 2023 , the City received a letter from the Californi a Coastal Commission requiring the installation of protection fencing and monthly bi rd monitoring. In November of 2023, the required fencing was installed and monthly monitoring continues in compliance with the order. o On April 13, 2023, the City submitted a three-part LCP Amendment (LCP -5-NPB-23-0019-1) to the Coastal Commission for their review and approval. The three parts include: Part A) Update the Accessory Dwelling Unit (ADU) provisions to further in centivize ADU construction and incorporate revisions necessary to comply with 2022 AD U legislation; Part B) Increasing the development limit specified for Bay Island from 23 dwelling units ma ximum to 25 dwelling units maximum; and Part C) Change land use designation of site from Neighborhood Commercial (CN) to Two-Unit Residential (R- 2). Hearings are anticipated in Summer of 2024.
o On September 11, 2023, the City submitted a two -part LCP Amendment (LCP -5-NPB-23-0039-3) to the Coastal Commission for their review and approval. The three parts include: Part A) Request to 8-44
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amend the Implementation Plan (IP) of the City’s certified Local Coastal Program (LCP) to establish the Special Flood Hazard (V E) Overlay District; and, Part B) Request to amend the certified Implementation Plan (IP) of the City’s Local Coast al Program (LCP) revising regulations pertaining to commercial parking. Hearings are anticipated in Fall of 2024. o On, February 28, 2023, the City submitted request to the Coasta l Commission for Coastal Development permit (CDP) jurisdiction for lands meeti ng the criteria of Coastal Act Sect ion 30613.
This would provide the City with increased and consolidated CDP issuing authority for propertie s that are currently bisected with Coastal Commission jurisdiction, eliminating lengthy and costly reviews by both agencies. City and Coastal Commission staff are conducting regular working sessions to refine the jurisdiction boundaries and finalize the request.
o On October 4, 2023, the City submitted a coastal development permit request to reconfigure the 5.5 - acre Moo ring Field C from single -row to dou ble-row moorings. Mo oring Field C currently has 55 moorings and may have up to 62 moorings upon completion of the proposed Project. The application is currently under review.
14.7 Coordinate with the
California Resources
Agency, Department
of Fish and Game
(now known as
California
Department of Fish
and Wildlife)
Ongoing
1. Planning and Public Works staff routinely communicates with California Department of Fish and Wildlife with regards to the management of Upper Buck Gully and the upper Newport Bay.
2. Recreation and Senior S ervices staff continues to work as a par tner with the University of California, Irvine; Orange County Public Health; OC Parks; California Department of Fis h and Wildlife; and the Back Bay Science Center.
14.8 Coordinate with the
California
Department of Parks
and Recreation
Ongoing
The City, through its Natural Resource Division of the Recreation and Senior Services Depart ment, coordinates with the California Department of Fish and Wildlife, California State Parks, the County, education, and non-governmental organizations (NGOs) to protect nat ural resources through implementation of state and local legislation, enforcement, monitoring, and to provide educa tion programming at Big Corona del Mar and Litt le Corona del Mar State Beach, Crystal Cove, and Upper Newport Bay. Coordination highlights from 2023 include the following:
1. Natural Resource Division continued to work with v arious City departments on issues concerning natural resources and strategies to inform and educate the public. 8-45
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2. Natural Resource Divi sion continued to work with the MPA Watc h (Marine Protected Area Watch Program - Human U se), along with serving as an active member of the Orange County Ma rine Protected Area Council (OCMPAC).
3. The Natural Resource Division staff engaged with the public, at our tidepool areas within the Marine Protected Area, in order to discourage illegal collecting and educate visitors about the rules of the protected area.
4. The Natural Resource Division continued to work with other City departments and U.S. Fish and Wildlife Service on the Western Snowy Plov er Management Plan to establish a set of program s and management practices to protect the Western Snowy Plover and improve best management practices. The City also implemented the California Coastal Commission approved fencing plan, protecting critical habitat between D St and F St and adding educational signage.
5. The Natural Resource D ivision partnered with other City departments, Newport Bay Conservancy, Newport Dunes Resort and Marina, Californ ia Department of Fish and Wildlife and California Coastal Com mission to run the Fostering interest in Nature (FiiN) program. The program is a three -day, two-night science camp program located within the Upper Newport Bay MPA for Title I fifth grade students. In the Fall, 442 students attended during the eight-week program.
14.9 Coordinate with the
California
Department of
Transportation
(“Caltrans”)
Ongoing
The City’s Public Works Department coordinates with Caltrans on an as-needed basis for the review of improvements to the St ate Highway System or impacts on the system by development, construction and/or spec ial events:
• The City continues to coordinate with Caltrans in review of upcoming projects and as a project team member for current construction projects including the ongoing SR -55 (Newport Blvd /Hospital Rd ) traffic s ignal upgrade, SR-1 (Coast Hwy) pavement and traffic signal rehabilitation projects.
West Coast Highway Coordination with Caltrans Paving Project • Caltrans is paving Coast Highway from the Santa Ana River to Jamboree. • Caltrans new policy is not to lower manholes before they pave the road. This leads to a less smooth ride. • The City has contracted separately to hire a contractor to lower all utility manhole s/ valve covers before Caltrans paves.
• Caltrans will then be able to pave the road more accurately and smoothly. 8-46
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• Once paving is complete, the City’s contractor will raise all the manholes/ valve covers to the new pavement surface. The result will be a much smoother, long lasting pavement surface. • The City also coordinated with Orange County Sanitation District (OCSD) to have their facilities lowered and raised to grade along with the City’s facilities.
14.10 Transportation
Corridor Agencies
(TCA)
Ongoing
City staff continually works with the Transportation Corridor Agencies (TCA) regarding the San Joaquin Hills (SR-73) Toll Road and conti nuously implements TCA’s Major Thoroughfa re and Bridge Fee Program through the Municipal Code. Impact fees are collect ed by the City when a building permit is issued. Councilmember Grant is the city representative on the TCA board.
14.11 California Public
Utilities Commission
(CPUC)
Ongoing
The City works with the California Public Utilities Commission (CPUC) to explore funding for the undergrounding of utilities. To date, the City has adopted several underground utility districts, including property owne r funded assessment districts, to provide funding for undergrounding projects. Most of the funding for undergrounding in the City has come from these assessment districts using CPUC Rule 20B. In years past, the City received funding allocation from Southern California Edison (SCE) for Rule 20A undergrounding projects. In 2013, the City Council adopted a Utility Undergrounding District on Balboa Boulevard from Coast Highway to 23 rd Street and directed staff to proceed with a Rule 20A, an undergrounding proj ect along Balboa Boulevard. However, the 20A program was suspended by the CPUC at their June 8, 2021, commission meeti ng. SCE will only complete “Active” 20A underground project s; Balboa Boulevard being the only remaining City projec t, will be completed by su mmer of 2024. The City Council approved four Rule 20B Utility Underground Assessment Districts in the past five yea rs, upon a positive resident vote: one adjacent to the Balboa Boulevard Rule 20A project (AD -111), and a 2018 approved district for the west side of Balboa Island (AD -113), and two districts approved in 2021 for the remaining portions of Balboa Island (AD -124) and a small area on Santa Ana Avenue near Cliff Drive (AD-120-2). All these assessment districts are in vario us stages of completion. AD-111 on the Balboa Peninsula and AD -113 in west Balboa Island will both be completed in 2024. The remaining two will be completed in future years. Staff also continues to work with other resident groups in Harbor Highlands, Balboa Peninsula and Corona del Mar for possible other Rule 20B projects, though activity has somewhat slowed.
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14.12 Coordinate with
United States Army
Corps of Engineers
(“Corps”)
Ongoing
1. Public Works staff continues to strategize and coordinate with the Corps on the next phase of dredging the Lower Bay to the federally authorized and approved depths. The City completed all of the pre -project planning including sediment testing/approval, design, engineering, environmental review and permitting (with Corps input). Funding is secured and construction is scheduled to begin in the Spring of 2023.
2. Big Canyon Restoration - Phase 2A. Complete.
3. Big Canyon Restoration – Phase 3 (formerly called Phase 2B/C). This proposed project is at the mouth of Big Canyon Nature Park and cont ains a wetlands Design and permits are complete with construction to begin in the Fall of 2024.
4. San Diego Creek Interceptor (formerly called the Newport Bay Water Wheel) – The Trash Interceptor is currently under construction in San Diego Creek just upstream of the Jamboree Road Bridge. The project is 50% complete and will be finished in July 2024.
14.13 Coordinate with
United States Fish
and Wildlife Service
Ongoing
Big C anyon Habitat Restoration and Water Quality Improvement Project – Phase 2 A and Pha se 3 contains jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of En gineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California Department of Fish and Wildlife. Phase 2A was completed in early 2022. For Phase 3 - A design consultant has been selected and design was comp leted in 2022. Proposed project start: April 15, 2023. Subs tantially complete, December 1, 2023. The City has agreed to be CEQA lead.
Western Snowy Plover (WSP) Habitat Management Plan – Planning Division staff is in the process of creating a management plan for the portions of ocean -facing beach designated as critical habitat. Coordination with U .S. Fish and Wildlife Service and the California Coastal Commission has occurred and will continue to occur fo r the preparation of a revised draft plan. In the interim, the City has installed protective fencing and is co nducting monthly monitoring and reporting the California Coastal Commission.
14.14 Coordinate with
Environmental
Protection Agency
Ongoing
The City coordinates with the U.S. EPA in collab oration with other resource agencies in the protection of terrestrial 8-48
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(EPA) and marine resources and sediment disposal sites for future dredging projects on an as-needed basis when projects are within the U.S. EPA jurisdiction.
14.15 Coordinate with
United States Postal
Service (USPS) (for
the relocation of
Mariners’ Mile
distribution facility)
Complete
The USPS distribution facility was relocated to Santa Ana and Anaheim . The USPS maintains a location in the Mariners’ Mile area offering typical retail mail services.
14.16 Other Agencies Ongoing
The City continuously works with the following agencies that are involved in the development of capital improvement and conservation programs:
• Energy providers, such as Southern California Edison and Southern California Gas Company • Telecommunications service providers on a case-by-case basis • Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments (SCAG) • California State Parks
• National Marine Fisheries Service
15.1 Encourage
Annexation of
Banning Ranch Prior
to Development
Ongoing
The City ’s goals and policies encourage the annexation of t he entire Banning Ranch property prior to any development. However, it is notable that in 202 3, most of Banning Ranch was acquired by a private party f or use and conservation as permanent open space.
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16.1 Improve Arterial
Streets and
Highways According
to Classification
Ongoing
West Coast Highway (SR-1) and Old Newport Boulevard Intersection Improvements – The project will improve West Coast Highway at Old Newport Boulevard to provide for a third westbound through lane, a right turn lane, and a bike lane. The project’s environmental document (MND) is app roved. The City is currently working with Caltrans on Right-Of-Way acquisition.
West Coast Highway (SR -1)/Superior Avenue Br idge project w ill install a pedestrian and bicycle bridge over the north leg of the intersection (Superior Avenue). The project ha s been awarded grant funding through the OCTA Bicycle Corridor Improvement Program
16.2 Monitor Traffic
Conditions and Plan
for and Fund
Improvements
Ongoing
1. Traffic Engineering Staff continues to operate the Traffic Management Center to monitor and res pond to traffic issues during and after normal wo rk hours, Holidays, peak summe r season, special events and construction projects.
2. Traffic Signal Rehabilitation Programs (see Program 16.4)
3. Installation of additional CCTV Cameras includes field surveillance cameras for integration into the City Traffic Management Center to monitor and change the traffic signal system depending on traffic conditions.
16.3 Construct Street and
Highway
Improvements
Ongoing
Staff continues to work with Caltrans regarding the design to improve Coast Highway at Old Newport Boulevard and to provide for a third westbound through lane, a right turn lane, and bike lane at the intersection. The projec t’s environmental document (MND) is approved. The City is currently working with Caltrans on Right -Of-Way acquisition.
The City maintains a Pavement Management Plan and performs roadway pavement resurfacing projects to maintain roadways at a high level. Roadways are improved through replacement of det eriorated roadway surfaces with new concrete or asphalt pavement, including new traffic striping and traffic sign cleanup. Local and neighborhood streets are maintained through the annual roadway slurry seal program. 8-50
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16.4 Monitor Roadway
Conditions and
Operational Systems
Ongoing
The City continues to monitor and improve traffic flow through proactive maintenance and updates to the City’s modern traffic signal system.
• The City has teamed up with the Orang e County Transportation Authority (OCTA) and the City of Irvine to update traffic signal communication, control equipment and coordination along MacArthur Boulevard, Bonita Canyon Drive and Ford Road through the Measure M2 grant -funded projects. These proj ects are being led by the City of Irvine and are in the Design phase.
16.5 Maintain
Consistency with
Regional
Jurisdictions
(Caltrans and
Orange County to
provide adequate
roadway
infrastructure plans
and design
standards such as
the Orange County
Master Plan of
Arterial Highways)
Ongoing
The City mo nitors the regional Arterial P rogram, OCTA’s Master Plan of Arterial Highway s, and the Cou ntywide traffic model to ensure consistency. Public Works staff coordinates with regional jurisdictions on an as-needed basis.
16.6 Local/Neighborhood
Access Roads
Ongoing
Public Works staff works with local neighborhood groups on an as -needed basis when traffic issues arise. The City maintains standards that ensure safe and efficient access for emergency vehicles.
The City maintains the Pavement Management Plan and performs roadway pavement res urfacing projects to maintain roadways at a high level. Roadways are improved through replacement of deteriorated roadways surfaces with new concrete or asphalt pavement, inclu ding new tr affic striping and traffic sign cleanup. Local and neighborhood streets are maintained through the annual roadway slurry seal program. 8-51
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16.7 Traffic Control Ongoing
The following projects were implemented to improve traffic congestion through conventional and innovative methods of traffic control:
1. The Annual Traffic Signal Rehabilitation Program will rehabilitate traffic signals within Newport Coast and along the Balboa Peninsula.
2. The Public Works Department maintains the traffic signal system through an ongoing Traffic Signal Maintenance agreement with a contractor that specializes in traffic signal maintenance.
3. Roadway signage and str iping is maintained on as needed by the City’s Municipal Operations Division of the Public Works Department. Large-scale signage and striping maintenance/replacement is accomplished through the Capital Improvement Program.
16.8 Provide Public
Transportation
Ongoing
The City continuously looks for opportunities to support the upgrade and enhancement of existi ng facilities, as well as encourage the development of additional public transportation services and facilities. The City provides shuttle bus services for the Oasis Senior Center clients on an as -needed basis. The City also continuously works with the Orange County Transportation Authority (OCTA) for countywide bus services.
Since 2017, the City has operated a shuttle service on the Balbo a Peninsula during the summer with OCTA grant funding.
The free trolley service generally runs from 9:30 a.m. to 9:3 0 p.m. on Saturdays and Sundays from Memorial Day weekend through Labor Day, as well as on July 4, making 22 stops along the peninsula. Funding from OCTA to continue the program is available for up to six years, subject to the City meeting ridership minimu ms and at the discretion of the City Council. In its third summer (2019), the shuttles carried over 26,000 riders at an average of 798 per day, far exceeding the rider-per-day minimum set by OCTA. With room for bicycles, surfboards, and beach gear, the shuttles offered a fun alternative travel method for residents and visitors alike . During 2020, the shuttle service was put on pause due to the COVID-19 pandemic. City staff has worked collaboratively with OCTA staff to make sure funding is maintained for future years to resume the program. The program returned in 2021 to provide services in a limited capacity and continued in both 2022 and 2023. 8-52
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16.9 Manage Truck
Operations
Ongoing
Trucks are requ ired to obtain a Haul Route Permit through the Public Works Department and are required to use designated haul routes.
16.10 Improve Parking
Supply and
Management
Ongoing
Parking availability can be challenging especially during the summer when many thousands of people visit coastal areas. West Newport, Balboa Pe ninsula, Mariners Mile, and Corona del Mar experie nce high parking demand.
Parking conflicts can hold back commercial and economic activities. Creating new parking is often expensive.
The City r equires new development to provide off -street parking in acco rdance with the Zoning Code and Local Coastal Program thereby increasing parking supply.
On April 17, 2019, the City submitted a Local Coas tal Program Amendment (LC2017-001) to the California Coastal Commission to add the Balboa Village Parking Management Overlay District to the certified Local Coastal P rogram Implementation Plan. On February 23, 2021, the City Council approve d modifications to the Balboa Village overlay provided by the California Coastal Commission with final certification anticipated in the coming months. Near the end of 2021, the City prepared a parking management plan for the Balboa Village overly (PM -1) and submitted it to the Coastal Commission for a consolidated coastal development permit review in early 2022.
Building off the Balbo a Village effort, the City Council directed staff in 2021 to study the development of Parking Management Overlay Districts in other activity nodes within the City. The City has retained a parking consulting firm to assist with this effort and is actively studying other parking management tools such as curbside management and code updates to address parking requirements in light of the increase in rideshare and other alternative forms of transportation. The City anticipates conducting public hearings for the potential adoption of additional Parking Management Overlay Districts and parking management tools by the end of 202 3. CCC returned it back to the City and it is on the calendar for Phase 1 April 20th.
In 2023, the City Council adopted an ordinance to ad just commercial parking requirements, which are now effectiv e in City areas outside of the Coastal Zone. The City submitted the accompanying Local Coastal Program Amendment in the fourth quarter of 2023, and is currently working with the California Coastal Commission to refine the application.
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16.11 Maintain Trails Ongoing
The City continues to maintain existing bike paths a nd trails that are within the City’s jurisdiction. The City continues to review and expand bicycle facilities during roadway reconstruction projects. The City continues on-street bike lane maintenance and improvements via roadway reconstruction projects.
16.12 Marine
Transportation
Complete
The City’s Harbor Commission studied the feasibility of a water taxi in the harbor. A fixed ro ute and an on -demand system were examin ed. Constraints include providing appropriate accessible locations to pick -up and dr op-off passengers in a safe manner. Due to the size of the harbor, number of vessels, and cost, the fixed route model was deemed infeasible. The on-demand system was deemed infeasible due to low demand for the service. Either way, a public significant subsidy was identifi ed and there was no funding source . As a result, further study of a water transportation service was abandoned.
17.1 Maintain and
Implement Urban
Water Man agement
Plans and
Encourage
Conservation
Ongoing
California has been declared droug ht-free after the latest update from the U.S. Drought Monitor shows most of the state is free from any drought classification.
Drought conditions across the state have retreated after last year’s winter season brought heavy rain and historic snowfall to multiple regions. Tropical Storm Hilary brought even more rain during the summer. However, winter 23 - 24 has resulted in a moderate snowpack, 50% of normal. The State could g radually make its way back into drought status.
January 2024 began a reporting requirement for all wa ter suppliers will calculate its own objective, annually. This calculation is based upon the water need in it s serv ice area for efficient indoor residential water use, outdoor residential water use, commercial, industrial and institutional (CII) irrigati on with dedicated meters. The calculation will include reasonable amounts of system water loss, along with consid eration of other unique local uses (i.e., variances) and “bonus incentive,” or credit, for potable water reuse, using the standards adopted by the Board. otable water reuse, using the standards adopted by the Board.
Efficient water use is the most cost -effective way to achieve long-term conservation goals, as well provide the water supply reliability needed to adapt to the longer and more intense droughts climate change is causing in California.
Although it does not impose individual mandates for homeowners or businesses, the mandates will focus on urban water suppliers – not customers. Specifically, the bil ls call for creation of new urban efficiency standards for indoor 8-54
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use, outdoor use, and water lost to leaks, as well as any appropriate variances for unique local conditions.
For more information, visit:
https://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/water_efficiency_bill_factsheet.pdf
One component to achieving water use standards and minimizing water loss, is the large investments in installing automated metering Infrastructure [ AMI metering] the City has made. This enables both the City and its customers to track their water usage in hourly increments. A rmed with this information , leaks are detected quickly, and customers are informed of how much water they use . As a complement to the AMI installations , the City has partnered with Aquatrax , a web and mobile application portal allowing each customer to visualize their respective water consumption and historical trends.
18.1 Maintain and
Implement Sewer
Master Plan
Ongoing
The Public Works De partment continues to implement the adopted Sewer Master Plan with projects throughout the City.
A vigorous sanita ry system overflow (SSO) prevention plan, which includes good investments in our Wastewater Master Plan, use of closed -circuit television (CCTV) program to monitor the system, and an aggressive lift -station cleaning program continues.
19.1 Maintain Storm
Drainage Facilities
Ongoing
The City pro vides an annual budget allocation f or ongoing maintenance of the City’s storm drain system.
Additionally, the City identifies additional system enhancements in the City’s Capital Improvement program.
Storm drain facility improvements are estimated at $18M. Projects include:
1. Newport Bay Trash Interceptor – estimated Completion July 2024.
2. Big Canyon Project Phase 3A– design and permitting completed.
3. Balboa Island Storm drain Improvements – Design and Permitting Underway.
4. Street sweeping program consisted of 37,729 curb miles swept, removing 5,168 tons (dry) of debris. 8-55
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5. The City’s 86 tidal valves are operated/maintained on a regular basis.
6. Six miles of channel and 3,268 catch basins were cleaned, yielding 384 ton s of debris. A total of 435 Inlet Guards were re -installed after the winter season to assist in keeping trash/debris from entering the storm drain system/bay/ocean.
20.1 Design, Fund, and
Construct
Streetscape
Improvements
(continued)
Ongoing
This is an ongoing effort that is budgeted through the City’s Capital Improvement program.
Newport Blvd., Industrial Way to West Coast Highway median landscaping and slope landscaping parkway right -of- way along Newport Blvd. from Industrial Way to Coast Highway.
Newport Boulevard Median Landscape and West Coast Highway Landscape Improvements • City is updating the median landscaping on Newport Boulevard from Industrial Way to Pac ific Co ast Highway, to improve the appearance of the median as it serves as a main entrance to the City. • The median enhancements will include grubbing and clearing of all understor y shrub plantings, while retaining the existing Med iterranean Fan and Windmill Palms. The new understory plants will consist of California friendly drought tolerant plants such as: aloes, natal plum, colorful red yucca accents and blue - gray chalk finger ground covers.
• The hillside slopes will be relandscaped with colorful Bougainvillea and African Tulip accent trees. • These efforts will freshen up these areas and create an inviting corridor to visitors entering the City.
West Coast Highway northside adjacent to the Santa Ana River • This project will add landscape to this barren stretch of Coast Highway and adding color and greenery. • The landscaping here will include accent red yucca, aloes, bougainvillea, natal plum and coral trees.
Newport Blvd ., 16th street, and coast highway median landscaping and slope landscaping parkway r ight-of-way along Newport Blvd. from Industrial to Coast Highway . In addition, a small slo pe on West Coast Highway near the Santa Ana River is also included for improvemen t. Constructi on slated to start March 2024 and anticipated completion is December 2024.
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20.2 Design, Fund, and
Construct Waterfront
Promenade
On Hold
A plan was created in 2005 for a walkway from Mariners ’ Mile to Lido Village along Newport Harbor; however, the plan is on hold due to lack of funding.
20.3 Fund and Construct
Public View Sites
Ongoing
Superior Avenue Bridge and Parking Lot project will install a new pedest rian and bicycle bridge over the north leg of the West Coast Highway/Superior Avenue intersect ion. The project has been awarded grant fundin g through the OCTA Bicycle Corridor Improvement Program. City Council approved the concept design in November 2019 and the Coastal Development Permit was approved by the Newport Beach Zoning Administrator in December 2020. The permit was appealed in Ja nuary 2021. The City ultimately received the Co astal Develop ment Permit from the California Coastal Commission in Augus t 2021. The project is currently under construction and is scheduled to be completed in Fall 2024.
21.1 Review and Update
Harbor and
Tidelands
Improvement Plans
Ongoing
The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called the Harbor Capital Project Planning Tool and is a living document that is updated and refined by staff throughout each year, including 2022.
21.2 Develop Harbor Area
Management Plan
(HAMP)
Complete
In November 2010, the City Council approved the HAMP.
21.3 Events Management
and Programs
Ongoing
Chamber of Commerce, Harbor Resources, and Orange County Harbor Patrol continuously work together to plan and implement special events that take place in the Harbor such as the annual Christmas Boat Parade . City staff usually teams up with the Orange County Water District to provide education on how to protect our coast and waterways from trash at the Children’s Water Education Festival which was held March 29-30, 2023.
21.4 Harbor Operations
and Management
Ongoing
A joint City/County study that evaluates the costs and efficien cy of current services provided by the City and County 8-57
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in Newport Harbor and opportunities to realign these to reduce costs was considered in 2021 and had support from the LAFCO organization. The study did not move forward based on guidance from County leadership who felt the study was not needed at this time. A new study may be prioritized in the future based on needs and funding.
22.1 Maintain and
Enhance Police and
Fire Facilities
Ongoing
Newport Beach Police and Fire Departments annually maintain a nd periodically update facilities and personnel to provide a high -level of service . This process is implemented through the City’s budget process. Additionally, response times are monitored, and changes are proposed through the budget process.
23.1 Maintain and Update
Parks and
Recreation Facility
Plans
Ongoing
The Recreation and Senior Services Department reviews the status of the park system on an ongoing basis and improvements a re recommended in the City’s annual Capital Improvement Plan. Capital impr ovement plans approved include:
1. Renovate and improve accessibility conditions at San Miguel Playground
2. Replacement of park assets identified in the Facility Condition Assessment in cluding shade elements at Bonita Creek Park and Arroyo Park
23.2 Maintain and
Improve Parks and
Recreation Facilities
Ongoing
In 2023, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities;
2. Playground renovation at West Newport Park (58th Street and Orange Street)- construction complete;
3. Construction of Newport Bea ch Junior Guard building and community cen ter; scheduled to be completed in 2024;
4. Design for Arroyo Park synthetic turf conversion and LED upgrade complete; Construction started and scheduled to be completed in 2024;
5. Design for pickleball courts Newport Ridge Park completed. Construction started and scheduled to be completed in 2024;
6. Design for Bonita Creek Community Center r enovation complete; construction sc hedule to start and be completed in 2024;
7. Design for OASIS Community Center LED retrofit complete; Construction scheduled to start in 2024; 8-58
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8. Playground renovations at Peninsula Park; Construction scheduled to start and be completed in 2024;
9. Finalized agreem ents with Boys and Girls Club (Lease at Eastbluff Park), Newpo rt Harb or Lawn Bowling Club (Lease at San Joaquin Hills Park) and Newport Aquatic Center (Ground Lease at North Star Beach);
10. Resurfaced basketball court at Coastal Peak Park; and
11. Added ADA sidewalk extension for improved access to soccer field at Bonita Creek Park.
23.3 Assess Recreation
Needs
Ongoing
The Recreation and Senior Ser vices Department continuously analyzes enrollment numbers in existing recreation programs and periodically initiates community surveys to assess the current needs of the community. 8-59
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23.4 Maintain Recreation
Programs for
Newport Beach’s
Residents
Ongoing
The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a recreation guide for all recreation programs and services provided by the City. The Newport Navigator is produced quarterly in addition to a sum mer issue. Additionally, OASIS Newsletter is published monthly to promote Senior programs and services. The Parks, Beaches, and Recreation Commission (PB&R) acts in an advisory capac ity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees. The following are Commission highlights from 2023:
1. Arroyo Park Synthetic Turf Design
2. Mini Library Donation- Mariners Park
3. Bench Donations- Kings Road Park
4. Review of Council Policy G-1 Notification Procedures
5. Review of Newport Beach Municipal Code and Council Policy Manual
6. Nine Tree Reforestations Requested
7. Light request for Newport Mesa Soccer Club (Bonita Canyon Sports Park 5) and Pateadores (Bonita Creek)
8. Presentations – Park Patrol, Aquatics, OASIS Fitness Center, Contract Classes/Special Events, Youth Programs
9. Presentation to outgoing Commissioner Laird Hayes
10. Community Service Awards: Eric Tweit, Laird Hayes, Spencer Pirdy
11. Elections – Kate Malouf, Chair & Kiera Kirby, Vice Chair.
Ad Hoc Committee Appointments: G-1 Counc il Policy Review Sunset ; Community Service Award Reappoint Heather Ignatin, Diane Daruty, and Anne Yelsey; Youth Sports Commission Member Organization Reappoint Kate Malouf, Keira Kir by, David Granoff; Municipal Code and Council Policy Manual Review Reappoint Diane Daruty, Heather Ignatin, and Kate Malouf; Ocean Blvd Reappoint Hassan Archer, Keira Kirby and Anne Yelsey.
23.5 Requirements for
Residential
Developers
Ongoing
Park fees are asse ssed for al l new residential subdivisions pursuant to the Subdivision Map Act and the City’s Subdivision Code. Last adjusted in 2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to an appraisal. The adjusted rate went into effect January 9, 2021 , and will be phased-in over two years.
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24.1 Adopt and
Implement Strategic
Plan for Fiscal and
Economic
Sustainability
Ongoing
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability through the Economic Development Committee (EDC). The S trategic Plan is designed to serve as a work program for th e City Council, City staff, and the EDC to promote and s ustain fiscal and economic vitality in Newport Beach. It is intended, in part, as a companion document for the General Plan (adopted in 2006), to assist the Cit y in implementing portions of the General Plan that affect economic de velopment in the City. The Strategic Plan includes goals and objectives to enhance the business climate in the co mmunity and focuses on a shorter time frame (three to five years) than does the General Plan, since economic conditions and priorities can change more rapidly than do pl anning goals related to community character and land use patterns. The Strategic Plan calls for regular reviews of progress and re - assessments of priorities. The Strategic Plan continues to be reviewed and implemented each year.
25.1 Implement Housing
Element Programs
Ongoing
The City implements Housing Element Programs th rough the review of proposed residential projects. Programs are reviewed in the Housing Element Progress Report, which is provided as a part of the Annual General Plan Progress Report.
26.1 Enforce Co des and
Ordinances
Ongoing
The City enforces all Municipal Code Sections including but not limited to health and safety, and zoning to implement the General Plan primarily on a complaint -driven basis. Code Enforcement and Planning staff par tnered with the Balboa Village Merchants Association to identify substandard buildings and work with the property owners to participate in th e City’s Façade Improvement Program. The Program provides grant monies to eligible property and/or business owners to make improvements to the façade of their buildings.
27.1 Seismic Compliance Ongoing
The City continuously implements the Municipal Code and the California Building Code through the Building Division, which requires seismic retrofitting and strengthening to minimize damage in the event of a seismic geologic hazard.
28.1 Maintain Hazard s
Data Base
Ongoing
The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal 8-61
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activities. The Fire Department rel ies on the Disa ster Preparedness Division under the City’s Emergency Management Program (see Program 28.2 and 29.1 ) for the planning of facilities, personnel as signments, and emergency response programs as related to natural hazar ds. Additionally, the City maintains hazard information in its Geographic Information System (GIS).
28.2 Maintain Emergency
Preparedness,
Response, and
Recovery Programs
Ongoing
On March 23, 2023, the City participated in the Statewide Tsunami Communications Drill. Representatives from Fire, Police, Lifeguards and the Harbor Department gathered at the City Emergency Operations Center (EOC) and discussed protocols and communication resources to be utilized during a tsunami event.
On July 4, 2023, the Pol ice Department Operations Center (DOC) was activated to support the field operations and interdepartmental coordination. Several briefings were held to ensure all depa rtments were sharing intelligence and coordinating.
On Thursday, September 21, 2023, Orange County’s Regional Emergency Notification System, AlertOC, was tested with the help of 25 jurisdictions (24 cities and the County unincorporated areas) including Newport Beach, in conjunction with National Preparedness Month. The primary objective of the regional exercise was to test Alert OC’s capability, capacity and effectiveness to deliver emergency notifications to the public during a major disaster, and to encourage residents to register their cell phone numbers. Approximately 33,000 (mostly landline) phone numbers were called during the test. The City’s public hotline received over 400 calls from residents. The hotline was staffed with representatives from the Police Department.
The City’s Emergency Preparedness Committee (EPC) is comprised o f representatives from each department and meets quarterly. The EPC works collaboratively to plan, train, and address all city emergency management threats.
29.1 Educate the
Community
Ongoing
The City continuously educates the community through its various City Departments on services, programs, and key issues including land use zoning and development processes; development fees; code compliance; property and building maintenance and im provement techniques; financial assistance and affordable housing prog rams, public transportation; ride -sharing, energy conservation methods, waste reduction and recycling programs; h azards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural resources and their value; educational and cultural events and ven ues; parks and recreation, health and safety, and seniors and youth programs; and access to government services and elected officials. Significant events include:
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• Emergency Siren System Test (1/6/23)
• Emergency Siren System Test (2/3/23)
• Emergency Siren System Test (3/3/23)
• Emergency Siren System Test (4/7/23)
• Emergency Siren System Test (5/6/23)
• Emergency Siren System Test (6/2/23)
• Emergency Siren System Test (7/7/23)
• Emergency Siren System Test (8/4/23)
• Emergency Siren System Test (9/1/23)
• Emergency Siren System Test (10/6/23)
• Emergency Siren System Test (11/3/23)
• Emergency Siren System Test (12/1/23)
The Disaster Preparedness Division implemented several com munity outreach programs as they relate to emergency and disaster prep aredness including AlertOC , which is a mass notification calling system for staff, residents, and businesses, The Community Emergency Response Team (CERT) pro gram to c ertify residents as Disaster Service Workers, School Emergency Response Team (SERT) training sessions in public sch ools and private schools, and Business Emergency Response Team training sessions.
29.2 Support of the Arts,
Culture, and Historic
Resources Melissa
Harston
Ongoing
2023 Arts and Culture Update:
Concerts on the Green
Three conc erts were held Summer 2023 with hundreds of residents and guests in attendance at each performance. Concerts took place in Civic Center Park.
Concert at Marina Park
In October, residents and guests attended the annual Concert at Marina Park. The Fall concert featured Tiffany Dennis & Cruise Control.
Exhibits in the Central Library
The City Arts Commission m aintains exhibit space at the Central Library. The City Arts Commission’s Ar t in Public Spaces Ad Hoc Subcommittee meets periodically to review ar tist's submissions for exh ibition in the Central Library Lobby Gallery. Upon acceptance, exhibiting artists must agree to the conditions and 8-63
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requirements detailed in t he City Council Policy I -11. Artists were booked through 2023 to exhibit in the gallery space.
Newport Beach Art Exhibition
Following a 3 -year hiatus, the Cultural Arts Division saw the return of the 56 th Annual Newport Beach Arts Exhibition in June 2023. The event featur ed 246 pieces of artwork by 143 artists and attendees enjoyed the art show with live music, food, and activities throughout the day.
Newport Beach Arts Foundation
The Newport Beach A rts Foundation, a private non -profit 501 (c) (3) organ ization, has been dedicated to supporting cultural arts activities of the Newport Beach City Arts Commission. Their annual Art in the Park fine arts and artisans fair took place in September 2023.
Cultural Arts Grants
In 2023, arts organizations were awarded a total of $30 ,000 of grant funding for the use of expanding arts programs to the local community.
Sculpture Exhibition in Civic Center Park
In June 2023, the City Arts Commission completed Phas e VIII of the Sculpture Exhibition in Civic Center Park with the grand opening ceremony held the same day as the Newport Beach Art Exhibition.
Student Art Exhibition
The Newport Beach Student Art Exhibition opened to students grades pre -K through 12 d uring the fall of 2022.
Accepted artwork was displayed at the Central Librar y in January 2023 and an awards ceremony for contest winners was held during the City Arts Commission’s January 2023 meeting.
29.3 Support Community
Environmental and
Recreation Initiatives
Ongoing
The City supports any private groups’ efforts to acquire property to improve access to the anticipated development of the Orange Coast River Park. The City has also s upported the Banning Ranch Conservancy’s efforts to acquire the Banning Ranch property to preserve it as open space while advocating for development of approximately 10% of the site for housing including affo rdable housing to assist the City’ s efforts to meet the 6 th Cycle Regional Housing Needs Assessment (RHNA) allocation.
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30.1 Maintain Annual
Budgets for City
Services and
Improvements
Ongoing
Annual budgets are maintained and reviewed by the City Council annually. A Capital Improvement P lan (CIP) is included in the annual budget approved by City Council each year. In June 2022, the City Council approved the budget and CIP for the Fiscal Year 2022-23. In June 2023, the City Council approved the budget for the Fiscal Year 2023-24.
30.2 Administer Impact
and User Fees
(Development
Impact Fees, Park
Dedication and In-
Lieu Fees , and
Tideland Revenue
Fees)
Ongoing
1. Development impa ct fees including fair share traffic fees are assessed for each development project. The completion of updating the Fair Share Traffic Fee has been put on hold (see Program 7.2).
2. Park dedication fees are assessed on a project-by-project basis pursuant to the Subdivision Code. Last adjusted in 200 7, Resolution No. 2020 -95 approved by C ity Council on November 10 , 2020, adjusts the park fees pursuant to an appraisal. The adjusted rate went into effect January 9, 2021 and will be phased -in over two years.
3. Annually in January the fees for onshore and offshore moorings escalate based on the Consumer Price Index.
The new fees were implemented with the billing cycle beginning January 1, 2024
4. Annually in calendar Q2 the services of the Harbor Department and associated fees are evaluated. Additionally, the Harbor Department was selected to participate in the 2023 Fee Study. The Harbor Department recommended revisions to existing fees including a reduction in the cost of an appeal to the Harbor Commission.
The Harbor Department also recommended several new fees be added including:
a. Rhine Wharf permit
b. Variance applications
c. Use of electrical cord and/or adapter while at Marina Park d. Purchase (non-return) of electrical cord or adapter
e. Mooring size exchange
f. Mooring license application fee
g. Mooring license waitlist fee (one-time or annual)
h. Group/exclusive use fee for Marina Park
i. Deposit/late cancellation fee for use of Human Lift - Marina Park j. MOORING ASSISTS- AFTER HOURS
k. Deposit/late cancellation fee for use of Human Lift - Balboa Marina PD
31.1 Consider the
Establishment of
Community Facilities
Ongoing
City staff has been evaluating the potential need to establish a Community Facilities District for the Airport Area to 8-65
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and Special
Assessment
Districts
potentially support additi onal public safety equipment an d personnel. As an alternative to estab lishing financing districts, the C ity Council initiated a study of Development Impact fees as a way to fund futur e facility needs. The study was started in 2021 and should be completed in 2024.
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1 APPENDIX B.
Government Code Section 65400 requires that each city, including charter cities, prepare an annual progress report (APR) on the status of the Housing Element of its General Plan. The State Department of Housing and Community Development provides mandatory forms (Excel spreadsheets) and definitions to meet State law reporting requirements. The forms include six large tables (Tables A through F) . The complete Table D is provided below but the forms are too large to copy for this report and are available online at the following link: www.newportbeachca.gov/APR.
Table D - 2022 Housing Element Implementation Status Pursuant to Government Code Section 65583
Policy Action Policy Status
1A: Airport Environs
Sub Area
The City will establish a housing
opportunity overlay district, or similar
rezoning strategy, in the Airport
Environs area for 172 acres of land to
provide for the accommodation of at
least 2,577 housing units in the Very
Low, Low, Moderate and Above
Moderate-income categories.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for th e increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024.During this reporting period, however, it is important to note that the City Council adopted changes to the General Plan and Municipal Code on November 28, 2023, to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment EIR No. 617, as well as updated General Plan Land Use and Noise Element policies and additional noise attenuation measures f or future housing units proximate to John Wayne Airport.
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1B: West Newport
Mesa
The City will establish a housing
opportunity overlay, or similar rezoning
strategy, in the West Newport Mesa
area for 47 acres of land to provide for
the accommodation of at least 1,107
housing units in the Very Low, Low,
Moderate and Above Moderate -
income categories.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024.
1C: Newport Center The City will establish a housing
opportunity overlay, or similar rezoning
strategy, in the Newport Center area
for 163 acres of land to provide for the
accommodation of at least 2,439
housing units in the Very Low, Low,
Moderate and Above Moderate -
income categories.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housin g Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by t he end of 2024.
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1D: Dover/Westcliff The City will establish an overlay, or similar rezoning strategy, in the Dover
/ Westcliff area for 20 acres of land to
provide for the accommodation of at
least 521 housing units in the Very
Low, Low, Moderate and Abo ve
Moderate-income categories.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sit es in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024.
1E: Banning Ranch The City will continue to pursue
residential opportunities on a portion of
the Banning Ranch site, consistent
with existing General Plan policies to
provide opportunities for up to 1,475
residential units at an average density
of 50 dwelling units per acre.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support th e adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024.
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1F: Coyote Canyon The City will rezone at least 34 acres of land on the Coyote Canyon site, as
shown in Appendix B, to accommodate
up to 1,530 housing units at an
average density of 60 dwelling units
per acre.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program -level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024.
1G: 5th Cycle
Housing Element
Sites
To comply with State law, the City will
amend Title 20 of the Newport Beach
Municipal Code (NBMC) to permit
residential uses by -right for housing
development projects in which at least
20% of the units are affordable to
lower-income households.
In Progress
In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. The City expects to complete implementing zoning by the end of 2024.
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5 1H: A ccessory
Dwelling Unit
Construction
The City will aggressively support and
accommodate the constr uction of at
least 240 ADUs by a variety of
methods.
In Progress
In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development:
• Code Amendment Related to State Law Updates and
Additional Incentives : In September of 2022, the
Legislature approved, and the Governor signed, SB 897
(Chapter 6664, Statutes of 2021) and AB 2221 (Chapter
650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs and JADUs. On
January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad -Hoc Committee
recommendations and State Law updates and
recommended their adoption to the City Council. On
January 24, 2023, the City adopted the proposed code
changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California
Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the
Municipal Code.
• Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update
to the Newport Beach ADU webpage. The webpage is
intended to supplement the City’s outreach and foster
interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and
exercises to help homeowners plan their ADU, an online
calculator to estimate costs, and standard plans. The
website also includes resources to help the homeowner
understand the different types of ADUs by providing links to development standards and processes. External resources 8-71
6 Policy Action Policy Status
are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods.
The Newport Beach ADU website can be reached at
https://www.newportbeachca.gov/adu
• ADU Standard Plans: In Fall of 2023,the City launched its ADU Standard Plans program designed to offer property
owners permit ready ADU plans at no charge. Use of the
standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce d the permit review process since the architectural and structural component of the plans have been pre -reviewed and approved for
building code compliance. The City currently offers two separate types of studio designs, one one -bedroom
designs, and garage conversion plans.
• ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to
temporarily waive City plan check review fees, building construction permit review fees, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end of 2024 and will complement other new City pr ograms intended to
promote and facilitate ADU development, including website enhancements and pre-approved plans.
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7 Policy Action Policy Status
1I: A ccessory
Dwelling Unit s
Monitoring Program
The City will annually monitor its
progress in permitting an average of 30
ADUs annually, for a total of 240 ADUs
during the planning period, in
conjunction with Annual Housing
Element Progress Report.
Ongoing
In 2023, 72 ADUs were submitted for review. There were 71 ADUs that received building permits and final inspections, resulting in a net increase in new units. A significant contribution was the 30 ADUs that were finalized at the existing 880 Irvine Apartments. The project converted existing mail rooms, utility rooms, and offices into ADUs. All ADUs that received permits in 2023 will be co unted towards the new 6th Cycle RHNA.
1J: A ccessory
Dwelling Unit s
Amnesty Program
The City will establish a program to
allow owners with existing unpermitted
ADUs to obtain permits to legalize the
ADUs during the 2021 -2029 planning
period.
In Progress
In July 2023, the City rolled out its Safe ADU program. The program consists of informational materials (i.e. webpage and public handout) advising property owners of the benefits of legalizing unpermitted units and the new opportunities (i.e., SB 897) and incentives (i.e., current fee waiver) available to them. The City’s ADU webpage now includes a dedicated page to this effort where the attached flyer can also be obtained:
https://www.newportbeachadu.org/safeadu. The flyer was also distributed in City water bills to notify property owners of the program.
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8 Policy Action Policy Status
1K: Inclusionary
Housing Policy
The City will investigate inclusionary
housing policy options as an additional
means to provide a variety of housing
types and opportunities for very low,
low- and moderate -income
households in Newport Beach.
In Progress
In 2022, the City retained Keyser Marston Associates, Inc. (KMA) to prepare a financial evaluation for prospective inclusionary housing program options in the City. The City Council has held study sessions and continues to explore the appropriate policy choice that will encourage and not hinder affordable housing development. As a related action in 2023, the City Council revised the inclusionary requirement for the Residential Overlay in the Airport Area, reducing it from 30 % to 15%. KMA’s report showed that the 30% requirement could serve to hinder housing production altogether.
2A: Neighborhood
Preservation
The City will continue to improve
housing quality and prevent
deterioration of existing
neighborhoods by strictly enforcing
applicable Building Code, Fire Code,
and Zoning Code regulations and
abating Code violatio ns and
nuisances.
Ongoing
The building inspectors and code enforcement officers continually enforce code regulations, abatement violations, and nuisances. A quarterly report on code enforcement activities is available and kept on file at the City. The City Council awarded funding for the Senior Home Assistance Repair Program. (See Program 1.1.2 for details.)
2B: Residential
Building Record
Program
The City will maintain and continue to
implement the Residential Building
Records (RBR) program to reduce and
prevent violations of building and
zoning ordinances
Ongoing
During the fourth quarter of 2023, the City Council opted to streamline real estate transactions through removal of the Residential Building Record Program requirement. However, the Program remains as voluntary. This City report allows the City to verify that its residential buildings meet zoning and building code requirements, life safety requirements as set forth by the City's Municipal Code and fulfill the State's requirement that all home s have both smoke detectors and seismic strapping of water heaters (California Health and Safety Code, Section 19211). In 2023, there were 1,065 RBRs processed.
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9 Policy Action Policy Status
2C: Preservation of
At-Risk Units
The city will proactively seek to
preserve as many affordable units as
possible by reaching out to owners that
want to opt out of Section 8 contracts
and work with them to incentivize
keeping the units as affordable.
Ongoing
The City of Newport Beach is registered as a Qualified
Preservation Entity with H CD as of 2012. When notification is received, City staff will evaluate the potential use of monies to preserve the affordable units.
Staff maintains an updated contact list for affordable units. Priscila Davila and Associates (consultant) included this in formation that was sent to the owners as a part of the annual monitoring. During the RFP process for the expenditure of the affordable housing funds, the City and Priscila Davila and Associates, the City’s consultant, reached out to the owners of the exist ing affordable housing units within the City and there was no interest to extend the existing affordable housing covenants.
Pamphlets informing prospective tenants and landlords about the Orange County Housing Authority (OCHA) Section 8 program have been made available in the public lobby and information is posted on the City website. Staff and consultant Priscila Davila and Associates were able to coordinate meetings and phone calls with property owners of existing units subject to affordable housing covenants or agreements. The owners were not interested in extending the existing affordable housing covenants.
In 202 2, the City engaged Newport Harbor II at 153 0 Placentia Avenue regarding the expiring covenant. In November 2023, Newport Harbor II terminated its covenant for affordable units in compliance applicable requirements. Priscila Davila and Associates ensures these unit owners have completed all required noticing.
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3A: Objective Design
Standards
The City of Newport Beach will review
existing entitl ement processes for
housing development and will
eliminate discretionary review for all
housing development proposals that
include a minimum affordable housing
component.
In Progress
The City contracted with Crandall Arambula through the Regional Early Action Planning (REAP) grant efforts of Southern California Association of Governments (SCAG). Objective design standards have been in progress with multiple drafts shared with the community for input in 2023.
3B: SB 35
Streamlining
The City will establish written
procedures to comply with California
Government Code Section 65913.4
and publish those procedures for the
public, as appropriate, to comply with
the requirements of SB 35, Chapter
366 Statues 2017.
In Progress
The City has not yet created written procedures; however, inquiries related to SB 35 are promptly and consistently responded to.
3C: Preservation of
Rental Opportunities
The City will continue to maintain rental
housing opportunities by restricting
conversions of rental units to
condominiums in a development
containing 15 or more units unless the
rental housing vacancy rate in Newport
Beach is 5% or higher, and unless the
property owner complies with
condominium conv ersion regulations
contained in Newport Beach Municipal
Code Chapter 19.64.
Ongoing
A vacancy rate survey is completed upon receiving an application for the conversion of 15 or more rental units to condominiums. No such projects of 15 or more units were submitted in 2023.
3D: Priority of
Affordable Housing
The City will continue to take all
feasible actions to ensure expedient
construction and occupancy for
projects approved with lower - and
moderate-income housing
requirements.
Ongoing
In 202 3, the City received and expeditiously processed three different preliminary applications for residential development. The City also continues to offer multi -departmental preliminary application meetings to assist in streamlini ng entitlement processes.
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3E: Mortgage
Revenue Bonds
The City will continue to participate
with the County of Orange in the
issuance of tax -exempt mortgage
revenue bonds to facilitate and assist
in financing, development, and
construction of housing affordable to
low and moderate-income households.
Ongoing
3F: Annual Reporting
Program
The City will conduct an annual
compliance-monitoring program for
units required to be occupied by very
low-, low -, and moderate -income
households.
Ongoing
Annual compliance monitoring has been conducted for 2023 and the report for the City’s income- and rent-restricted units by Priscila Davila and Associates (consultant) found all units in compliance.
3G: Entitlement
Assistance
The City will provide entitlement
assistance, expedited entitlement
processing, and waive application
processing fees for developments in
which 5 % of units are affordable to
extremely low-income households.
Ongoing
The City provides strong staffing presence at the public counter to expeditiously field any development inquiries. The City also continues to offer multi -departmental preliminary application meetings to assist in streamlining entitlement processes and to facilitate an easier entitlement review.
3H: Prioritization of
Affordable Housing
Funds
The City will give highest priority for
use of Affordable Housing Fund
monies to affordable housing
developments providing units
affordable to extremely -low-income
households and senior households.
Ongoing
3I: Public Information
About Affordable
Housing
The City will continue to maintain a
brochure of incentives offered by the
City for the development of affordable
housing including fee waivers,
expedited processing, density
bonuses, and other incentives.
Ongoing
A brochure is maintained and provided on the City website and in the public lobby.
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3J: Priority in Kind
Assistance for
Affordability
The City shall provide more assistance
for projects that provide a higher
number of affordable units or a greater
level of affordability.
Ongoing
No projects proposed a larger number of affordable units than the minimum nor at greater affordability levels during the 202 3 reporting period.
3K: Coastal Zone
Development
Affordability
The City shall follow Government
Code Section 65590 and implement
Municipal Code Titles 20.34 and 21.34
“Conversion or Demolition of
Affordable Housing” for new
developments proposed in the Coastal
Zone areas of the City.
Complete
On October 29, 2019, the Community Development Director determined that Newport Beach Municipal Code (NBMC) Chapters
20.34 and 21.34 (Conversion of Demolition of Affordable Housing) are no longer required. These chapters of the NBMC implement the Mello Act (Government Code Sections 65590 - 65590.1 Low- and Moderate -Income Housing With in the Coastal Zone). The regulations require the replacement of housing units lost within the coastal zone that are occupied by low - and moderate -income households under certain circumstances when feasible. Both the NBMC and the Mello Act provide when there is less than 50 acres in aggregate, of privately owned, vacant land available for residential use within the City’s coastal zone, and three miles therefrom, the replacement requirement is not required. The Planning Division completed a land use inventor y to determine if 50 aggregate acres of privately owned, vacant land is available for residential use within the City’s coastal zone and within three miles inland of the coastal zone. The inventory conducted in October 2022, found less than 50 qualifying acres.
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3L: Proactive
Education and
Outreach to
Prospective
Developers
The City will continue to advise and
educate existing landowners and
prospective developers of affordable
housing development opportunities
available within Banning Ranch, the
Airport Area, West Newport Mesa,
Dover-Westcliff, Newport Center,
Mariners’ Mile, and Balboa Peninsula
areas.
Ongoing
City Community Development staff provides information to landowners and developers about affordable housing opportunities and staff encourage the inclusion of affordable housing units in new projects.
3M: Regional
Coordination of
Housing Issues
The City will continue to participate in
other programs that assist production
of housing.
Ongoing
The City of Newport Beach is a participating member of the Orange County Housing Authority (OCHA). OCHA receives, distributes and monitors the Section 8 Vouchers for the City. OCHA has many housing programs that are offered and available to City residents and promote housing production. City Planning staff participate in quarterly meetings at the OCHA to stay up to date on all the programs, projects, and vouchers.
City staff also actively participates on the Orange County Council of Governments (OCCOG) T echnical Advisory Committee (TAC), which undertakes issue of regional importance, including housing production and affordability.
3N: Housing Impact
Studies
The City will continue to study housing
impacts of proposed larger -scale,
significant commercial/industrial
projects during the development
review process.
Ongoing
The City rarely sees large commercial or industrial development that could significantly affect housing. The City will conduct a housing impact analysis when preparing an enviro nmental impact report for a significant large-scale commercial or industrial project that includes a significant number of employees.
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3O: Single Resident
Occupancies (SROs)
The City will continue to study housing
impacts of proposed larger -scale,
significant commercial/industrial . Use
State and federal funding to continue
to provide assistance and make
provisions for development of single -
room occupancy (SRO) housing and
other forms of housing for people
experiencing homelessness in the
City.
Ongoing
3P: Residential Care
Facilities
The City will review and amend the
permitting procedures, application
requirements, and development
standards applicable to residential
care facilities for persons of seven or
more to ensure consistency with state
and federal laws to promote objectivity
and greater approval certainty.
Ongoing
4A: Affirmatively
Furthering Fair
Housing
The City will affirmatively further fair
housing by taking meaningful actions
in addition to resisting discrimination,
that overcomes patterns of
segregation and fosters inclusive
communities free from barriers that
restrict access to opportunity based on
protected classes, as defined by State
law.
In Progress
The City is working to address all identified fair housing issues and their local contributing factors. The City is intent on taking meaningful actions to overcome patterns of segregation and to foster inclusive communities free from barriers that restrict access to opportunity based on protective classes, as defined by State law.
The City continues to maintain a contract for fair housing services with the Fair Housing Foundation. The City will participate in an update to the Orange County regional Analysis of Impediments to Fair Housing when next updated.
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4B: Streamlined
Project Review
The City will provide a streamlined
“fast-track” development review
process for proposed affordable
housing developments.
Ongoing
The City provides a prioritized and expedited development review process for all affordable housin g projects. In 202 3, this included the 1300 Bristol Street project that includes 15% of its base density as affordable to lower income housing that was filed on June 30, 2021, and approved March 22, 2022.
4C: Density Bonus
and Incentives for
Affordable Housing
The City will update its Density Bonus
Ordinance (Newport Beach Municipal
Code Chapter 20.32) to be consistent
with State Law, as amended.
Ongoing
The City continuously monitors changes to state density bonus law.
The current amendment is under review at the California Coastal Commission. Monitoring efforts for compliance and consistency will continue.
4D: List of Pre -
Approved
Development
Incentives
The City will develop a pre -approved
list of incentives and qualifications for
such incentives to promote the
development of affordable housing.
In Progress
In 2022, the City Council extended the fee waiver for ADU development for two additional years. Other potential incentives for affordable housing development, including ADUs, is in progress.
4E: Airport Area
Policy Exceptions for
Affordable Housing
The City shall maintain an exception to
the minimum 10 -acre village
requirement for projects that include a
minimum of 30% of the units affordable
to lower -income households in the
Airport Area.
Ongoing
4F: Encourage
Development of
Opportunity Sites
The City will continue to encourage
and facilitate residential and/or mixed-
use development on sites listed in
Appendix B by providing technical
assistance to interested developers
with site identification and entitlement
processing.
Ongoing
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4G: Annual RHNA
Sites Inventory
Monitoring
The City will monitor and evaluate the
development of vacant and
underdeveloped parcels on an annual
basis and report the success of
strategies to encourage residential
development in its Annual Progress
Reports required pursuant to
Government Code 65400.
Ongoing
4H: Review Mixed -
Use Zones
The City will review established mixed-
use land use categories and
corresponding zoning regulations in
the City and recommend policy or code
changes to the City Council that
reduce regulatory barriers and
incentivize mixed -use residential
development.
In Progress
4I: Establish Mixed -
Use Resort
Opportunities
The City will consider policies,
regulations and/or interpretations to
establish mixed -use resort
opportunities.
In Progress
In 2021, the Community Development Director issued Director’s Determination No. DD2021-001 Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021 -096). DD2021- 001 determined that residential uses are permitted as an accessory use to hotels subject to certain conditions. In 2022, the City’s Planning Commission approved a project for the Ritz Residential project at the existing hotel at 900 Newport Center Drive for 159 residential units. Construction plans are anticipated to be submitted in late 2024.
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4J: Airport Environs
Sub Area
Environmental
Constraints
The City will take actions to address
potential environmental constraints in
the Airport Environs Sub Area and
ensure continued feasibility of sites,
particularly for lower-income RHNA.
In Progress
4K: West Newport
Mesa Environmental
Constraints
The City will take actions to address
environmental constraints and ensure
feasibility of sites, particularly for
lower-income RHNA, in the West
Newport Mesa Area with regards to
noise and pollutants.
In Progress
4L: Coyote Canyon
Environmental
Constraints
The City will take actions to address
environmental constraints on the
Coyote Canyon landfill site.
In Progress
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5A: Preservation of
Affordability
Covenants
The City will contact owners of 19
affordable units approaching the
expiration of affordability covenants to
obtain information regarding their
plans for continuing affordability on
their properties, inform them of
financial resources available, and to
encourage the extension o f the
affordability agreements for the
developments listed beyond the years
noted.
Ongoing
5B: Section 8
Participation
The City shall maintain information on
the City’s website and prepare written
communication for tenants and other
interested parties about Orange
County Housing Authority Section 8
opportunities and to assist tenants and
prospective tenants acquire additional
understanding of housing law and
related policy issues
Ongoing
5C: Incentivize for
Preserving of
Affordability
Covenants
The City will investigate the potential
for providing additional incentives or
modify its current policy to incentivize
property owners to maintain the
affordability of units on their property
during the 6th Cycle.
Ongoing
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5D: Mobile Home
Park Conversions
The City will continue to employ the
provisions of NBMC Title 20 provision
of the Mobile Home Park Overlay to
maintain and protect mobile home
parks in a stable environment with a
desirable residential character.
Ongoing
City Community Development staff c ontinues to inform property owners and developers of the provisions of the City’s MHP overlay.
The City has used and will continue to make available the Senior Housing Assistance Repair Program (SHARP) funds to help senior residents repair their mobile hom es if it is necessary to abate substandard living conditions.
5E: Orange County
Housing Authority
Advisory Committee
The City of Newport Beach will
continue to participate as a member of
the Orange County Housing Authority
(OCHA) Advisory Committee and work
in cooperation with the OCHA to
provide Section 8 Rental Housing
Assistance to residents of the
community.
Ongoing
Staff attends the quarterly meetings of the OCHA Cities Advisory Committee.
Staff continually works in cooperation with the County to provide Section 8 rental housing assistance to residents.
A link to the Orange County Housing Authority website has been placed on the City website to provide information on the Section 8 program.
City staff worked closely with OCHA staff to facilitate the award of the Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport Shores project (see Program 4.1.4).
A link to the Emergency Rental Assistance Program during the COVID-19 Pandemic provided by the County of Orange is provided on the City website.
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5F: Water Efficiency
for Residential
Projects
The City will continue to implement and
enforce the Water Efficient Landscape
Ordinance and Landscape and
Irrigation Design Standards in
compliance with AB 1881 (Chapter
559 Statutes 2006).
Ongoing
All new development projects are reviewed for compliance with the City’s Water Efficient Landscape Ordinance.
The annual report on the City’s Water Efficient Landscape Ordinance for 202 3 was submitted to California Department of Water Resources on January 31, 2024.
5G: Energy Efficiency
in Residential
Projects
The City of Newport Beach will
continue to require that any affordable
housing developments that receive
City assistance from Community
Development Block Grant (CDBG)
funds or from the City’s Affordable
Housing Fund shall be required, to the
extent feasible, to include installation
of energy efficient appliances and
devices that will contribute to reduced
housing costs for future occupants of
the units.
Ongoing
No affordable housing projects received funding via CDBG or the City’s Affordable Housing Fund during the 2023 reporting period. 6A: Homeless
Program Assistance
The City will continue to apply annually
for United States Department of Urban
Development Community
Development Block Grant (CDBG)
funds and allocate a portion of such
funds to sub -recipients who provide
shelter and other services for the
homeless as well as submit Annual
Action Plan to HUD in May of each
year.
Ongoing
The City applied for a grant allocation for the 2023 reporting period.
The City submitted its Action Plan in May of 202 3 and allocated a portion of the grant for the provision of homeless services. 8-86
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6B: Repair Loans and
Grant Programs for
Seniors, Persons with
Physical and
Developmental
Disabilities and
Lower-Income
Households
The City, in partnership with OASIS
Senior Center and Habitat for
Humanity Orange County, has
developed a Senior Home Repair
Assistance Program (SHARP).
Additionally, the City will continue to
cooperate with the Orange County
Housing Authority to pursue
establishment of a Senior/Disabled or
Limited Income Repair Loan and Grant
Program to underwrite all or part of the
cost of necessary housing
modifications and repairs. Cooperation
with the Orange County Housing
Authority will include continuing City of
Newport Beach participation in the
Orange County Continuum of Care
and continuing to provide CDBG
funding.
Ongoing
The City’s Senior Housing Assistance Repair Program (SHARP) continues to successfully assist low -income seniors. In 2023, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $87,813. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement and roof repairs. To date, the program has used $293,386 for a total of 17 projects.
6C: Leverage CDGB
and other Federal
Formula Grant
Funding
The City shall make every effort to
leverage CDBG and Federal formula
grant annual funds from various
agencies to further the City’s housing
goals; these include, but are not limited
to, State, Regional and private
resources. The City of Newport Beach
will continue to maintain a list of “Public
and Private Resources Available for
Housing and Community Development
Activities” and maintain a list of
resources on City website and update
as necessary in the 6th Cycle.
Ongoing
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6D: Child Daycare
Facilities
The City will continue to encourage the
development of daycare centers as a
component of new affordable ho using
developments and grant additional
incentives in conjunction with the
review and approval of density bonus
projects pursuant to NBMC Chapter
20.32 (Density Bonus).
Ongoing
City Community Development Department staff requests
developers include child daycare facilities in developments that include affordable housing.
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Assistance for
Seniors
The City shall continue to encourage
senior citizen independence through
the promotion of housing and services
related to in -home care, meal
programs, a nd counseling, and
maintain a senior center that affords
seniors opportunities to live healthy,
active, and productive lives in the City
Ongoing
The City supports a Meals on Wheels program that provides home- delivered meals to individuals who are homebound due to age, illness, or disability. Funding is provided through the CDBG program on a yearly basis.
The Meals on Wheels program provides home -delivered meals to individuals who are homebound due to age, illness, or disability.
The City also operates the OASIS Senior Center. Services include:
• A multi-purpose center owned and operated by the City of Newport Beach in partnership with the Friends of OASIS
nonprofit dedicated to meeting needs of senior citizens and their families.
• Classes in art, health & fitness, music & dance, foreign languages, technology, enrichment, and much more.
• A state-of-the-art fitness center for those age 50 and older which provides a safe, comfortable, senior-friendly exercise environment for the active older adult including access to hire a personal trainer for individualized programs.
Separate membership required to join.
• Regularly scheduled low -cost special events and socials such as luncheons, concerts, barbecues, a Paint & Wine
night and holiday parties.
• Travel department coordination of day and overnight trips. • Curb-to-curb transportation program for residents of
Newport Beach age 60 and older who are no longer driving to use for medical appointments, grocery shopping,
banking, and to attend OASIS classes (fee required).
• Social services information and referral for seniors and their families dealing with a need for caregiver services, housing, transportation, legal matters, and more. Informational and supportive counseling is available to seniors an d their family members on an individual basis.
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• Various health resources and screenings for seniors,
including flu shots, blood pressure, memory screenings, medication review, and health insurance counseling
services.
• Regularly scheduled support group meetings at the Center to help senior citizens and their families cope with stress, illness, life transitions, and crises.
• Congregate lunch program for seniors age 60 and older that is funded by the federal government through the Older
Americans Act. A donatio n is requested for meals, which are provided by Age Well Senior Services
6F: Emergency
Shelters, Transitional
and Supportive
Housing
The City of Newport Beach will amend
certain sections of its Municipal Code
in order to comply with State law to
address: 'Supportive Housing
Streamlined Approvals', 'Emergency
and Transitional Housing Act of 2019',
amending NBMC definitions to comply
with California Government Code, and
amending NBMC to ensure proper
zoning of emergency, transitional, and
supportive housing according to State
law.
Pending
6G: Senior Housing
Priority Program
The City seeks to develop explore the
feasibility and appropriateness of
proactive policies and programs to
address and prioritize the needs of its
senior population.
Ongoing
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7A: Supportive
Housing/ Low Barrier
Navigation Centers
To comply with State law, the City of
Newport Beach will adopt policies,
procedures, and regulations for
processing this type of use to establish
a non -discretionary local permit
approval process that must be
provided to accommodate supportive
housing and lower barrier navigation
centers per State law.
Pending
7B: Transitional and
Supportive Housing
In compliance with Senate Bill 2
(Chapter 364, Statutes 2017) and SB
745 Chapter 185, Statutes 2013) th e
City will ensure the Zoning Code is
amended to encourage and facilitates
emergency shelters and limits the
denial of emergency shelters and
transitional and supportive housing
under the Housing Accountability Act.
Ongoing
7C: Housing for
Persons with
Developmental
Disabilities
To accommodate residents with
developmental disabilities, the City will
review and prioritize housing
construction and rehabilitation
including supportive services targeted
for persons with developmental
disabilities.
Ongoing
During the 2023 reporting period, no projects were proposed that targeted the provision of housing or services for persons with developmental disabilities.
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7D: Fair Housing
Services
The City of Newport Beach will
continue to contract with an
appropriate f air housing service
agency for the provision of fair housing
services for Newport Beach residents.
Ongoing
The City contracted with the Fair Housing Foundation to provide these services. The Fair Housing Foundation provided the following trainings, seminars, and outreach activities in the City in 2023:
• Fair Housing Workshops – 3/22/23, 5/2/23, 9/20/23 and 11/21/23
• Contacts regarding FHF Services – 2/6/23 Newport Beach Recreations & Senior Services, 5/11/23 Hoag, 5/19/23
Orange County Community Foundation, 12/1/23
Clearwater Newport Beach
• PSA, City of Newport Beach TV – 6/12/23
• Literature Distribution – 3,734
8A: Annual Reporting
Program
The City of Newport Beach shall report
on the status of all housing programs
as part of its annual General Plan
Review and Annual Progress Report
(APR).
Ongoing
This report is intended to satisfy this Policy Action for the 202 3 reporting period.
8B: Water and Sewer
Service Providers
Pursuant to SB 1087, Chapter 727,
Statues of 2005, the City of Newport
Beach is required to deliver its adopted
housing element and any amendments
thereto to local water and sewer
service providers.
Pending
The City received notice from HCD of the certification of the City’s 6th Cycle Housing Element in October of 2022. Copies of the certified Housing Element w ere sent to all local water and sewer utility providers that supply the City.
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