Newport Beach City Council
March 25, 2025

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Over the last three years of the current agreement, the City and Sampson have made significant oil well repairs to increase oil production and maintain compliance with California’s new idle well program requirements. During the previous and current fiscal years, expenditures were necessary for regulatory compliance with idle wells and injection wells, replacement of tubing and inner liners, casing repairs, pump and motor replacements, cementing, haul -offs, zone abandonments, rehabilitations, and investigations into underperforming wells. As a result of these efforts, oil well production significantly increased, reaching over 22,000 barrels sold during calendar year 2024; a level not seen since 2017.

In June 2024, the California Geologic Energy Management Division issued new regulatory requirements under Senate Bill No. 1137, effectively prohibiting major rehabilitation of existing oil wells, although some maintenance can still be performed.

While operations can continue into the near future, without rehabilitation options, cost effectiveness may become negative. Operators, including the City, are encouraged to consider abandoning or decommissioning oil wells. Staff is considering several factors, including public opinion of oil operations, oil operations as legacy (not a core) function for the City, and the slim profit margins. Therefore, staff recommends planning for a systematic and cost-effective shutdown of oil operations.

Staff planned to issue a formal request for proposals to hire a new operator, anticipating the near-future retirement of the owner of Sampson. However, based on recent changes in State regulations a nd discussions with Sampson, staff is now recommending an extension of the existing agreement. Over the next several months, staff will study the best options for abandoning or decommissioning the well field, starting with idle or underperforming wells. Re taining the stability and cost effectiveness of the existing operator, Sampson, is recommended at this time. Staff will return to the City Council for further approvals on a planned shutdown program and changes to the Capital Improvement Program.

Sampson will continue the routine management and operations of the City ’s wells.

Sampson’s staff and contractors will continue to perform routine repairs, and the contract includes allowances for the purchase of materials and unforeseen repairs performed by subcontractors. Additionally, all necessary time needed by Sampson’s administrative and office staff to maintain compliance with State regulations is included.

Staff recommends City Council approval of Amendment No. Seven to the Professional Services Agre ement with Sampson Oil Company for Oil Well Management Services, extending the contract to June 30 , 2026, and increasing the total contract amount by $750,000.

FISCAL IMPACT:

Sufficient funding for this agreement is included in the adopted Fiscal Year 2024 -25 budget and will be drawn from operating funds in the Tidelands Fund (Fund 100).

Additional funding has been allocated in the Capital Improvement Program. 218
Amendment to Professional Services Agreement with
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March 25, 2025

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Revenues from oil sales help offset expenditures, with net proceeds from oil operations deposited into the Tidelands Fund and the Oil Well Abandonment Fund. Despite increased oil production, profit margins remain limited. Preliminary full-year net revenues for FY 2024-25 are estimated to range between $300,000 and $350,000.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it ha s no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Amendment No. Seven to Professional Services Agreement

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ATTACHMENT A
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 25, 2025
Agenda Item No. 8

ABSTRACT:

For the City Council’s consideration is a Professional Services Agreement (PSA) with Environmental Science Associates for the preparation of a supplemental Environmental Impact Report (EIR) related to private improvements proposed for Back Bay Landing and Bayside Village Marina , located at 100 East Coast Highway , and the replacement and realignment of a City of Newport Beach water main. Although the City is entering into the PSA, the entire cost of the services will be paid by the applicant.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Gui delines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Environmental Science Associates for Supplemental EIR Related to Back Bay Landing and Bayside Village Marina Improvement Project in an amount not-to-exceed $426,100, in a form substantially similar to the agreement attached to this staff report.

DISCUSSION:

The project site is generally located northwest of the intersection of East Coast Highway and Bayside Drive , adjacent to the Upper Newport Bay. The site encompasses approximately 31 acres of both land and water , across multiple parcels. These parcels include Back Bay Landing (BBL), Bayside Village Marina ( BVM), and a portion of undeveloped land south of the Coast Highway bridge. T he City ’s BC-09 water main (BC-09) is located north of the Coast Highway bridge, with its western end running through Lower Castaways Park and its eastern end running through the BBL site.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Joselyn Perez, Senior Planner – 949-644-3312, [email protected]
TITLE: Professional Services Agreement with Environmental Science Associates for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina (PA2024-0135)
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Professional Services Agreement for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina March 25, 2025

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Figure 1: Project site outlined in yellow
In 2014, the City approved the necessary legislative approvals filed under PA2011-216 to allow for the future redevelopment of the 31-acre site into an integrated, mixed-use, waterfront village. An EIR was prepared and certified for the land side imp rovements associated with the mixed-use project (State Clearinghouse No. 2012101003).

Subsequent submittal of a site development review application is still required for review and approval of the future mixed -use development project. Preparation of precise plans and submittal of the site development review application for d evelopment of the mixed-use project envisioned by PA2011-216 has been delayed due to various factors including the redevelopment and expansion of an existing Orange County Sanitation District (OCSD) pump station within the footprint of the BBL site.

Project Overview
In the meantime, Anchor QEA on behalf of Bayside Village Marina, LLC (Applicant) has submitted an entitlement application proposing various landside improvements, waterside improvements, and the replacement and realignment of the BC-09 water main . These improvements can be completed ahead of the mixed-use development buildout.

Lower Castaways Park
Undeveloped Land
Bayside Village Marina
Back Bay Landing
BC-09 Water main
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Professional Services Agreement for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina March 25, 2025

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The current project proposes the following:
 New seawall and upland soil stabilization at BBL to address erosion issues, protect existing development, and support the future mixed-use project.  New gravity wall at the undeveloped land south of the Coast Highway bridge.  Seawall replacement and upland soil stabilization at BVM to replace an existing failing seawall and protect existing development.
 Public walkway/promenade improvements at BVM.
 Dock extension at BVM by adding 67 additional boat slips to the existing 220 slips.  BC-09 water main replacement and realignment.
 Maintenance dredging of the marina.
 Eelgrass planting and other mitigation.

This supplemental EIR is required because the current project proposes seawall and water side improvements that were not studied in the original BBL EIR.

Request for Proposals
Based on Purchasing Policy (AP -001), staff released a Request for Proposals (RFP) seeking responses from qualified consultants interested in assessing the potential environmental impacts of the project and preparing a supplemental EIR in compliance with CEQA. The RFP was posted on the City’s public procurement system (PlanetBids.com) on October 2, 2024, and distributed directly to a short list of planning firms. The response deadline was November 5, 2024, and two responses were received:

Bowman Consulting Group Ltd. (Bowman) and Environmental Science Associates (ESA).

The City employed a two-step process to evaluate the proposals and select a consultant.

The steps included a technical review and a cost -ratio analysis. Two City staff members and one representative of the Applicant participated on the rating panel.

Step 1 (Technical Review) did not consider cost , rather, the proposals were evaluated based on the qualifications and experience of the firm, the qualifications and experience of key personnel, and the method of approach. The proposals had to earn a minimum of 70% of the available points to advance to Step 2 (Cost -Ratio Analysis). Bowman did not earn the minimum points necessary to progress beyond Step 1 and only ESA advanced to Step 2. ESA’s cost was deemed appropriate and acceptable to the Applicant, and ESA was selected to prepare the EIR. A full scope of work is available as part of the draft PSA, which is included with this staff report as Attachment A. 236
Professional Services Agreement for Environmental Services Related to Proposed Improvements at Back Bay Landing and Bayside Village Marina March 25, 2025

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ESA Work Plan
The work plan submitted by ESA includes preparation of necessary technical studies, peer review of technical studies prepared by the Applicant, preparation of the EIR, publishing and distributing the EIR, responding to public comments on the EIR, providing support to City staff with conducting tribal outreach, hosting public meetings as required by CEQA, attend ing public hearings required for project approval (such as Planning Commission, City Council, and Airport Land Use Commission) as necessary , and coordinating with City staff.

Project Schedule
The proposal assumes the EIR will take approximately one year to prepare. Public hearings for project approvals are anticipated to take approximately four weeks post completion of the EIR. The contract’s term would be for one year with extensions available as contingency.

FISCAL IMPACT:

There is no fiscal impact related to this item. Although the City is entering into the PSA with ESA, the entire cost of this consulting service, $ 426,100, will be paid for by the Applicant.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Professional Services Agreement
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Professional Services Agreement with Environmental
Science Associates
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 25, 2025
Agenda Item No. __
ABSTRACT:

In 2013, as part of t he Newport Beach Civic Center project, the Central Library was expanded to include a small retail concession space. When the last tenant vacated the concession space in 2023, it was advertised for lease and the City of Newport Beach collected proposals from interested food -service operators. After evaluating the proposals, Kit Coffee, a local coffee and tea house was determined to meet the needs of the site. For the City Council’s consideration is a new Concession Agreement (Agreement) (Attachment A) with Kit at the Library, Inc . (Tenant), for operation of the concession space in the Central Library for an initial term o f 5 years, including a request to waive City Council Policy F-7.

RECOMMENDATIONS:
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations , Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Authorize the City Manager and City Clerk to execute the Concession Agreement between the City of Newport Beach and Kit at the Library, Inc., for use of the concession facility at the Central Library, located at 1000 Avocado Avenue, in a form substantially similar to the agreement attached to the staff report; and c) Approve a waiver of City Council Policy F -7 – Income and Other Property based on the findings contained in this staff report and the Agreement, that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644- 3236, [email protected]
TITLE: Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue
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Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue
March 25, 2025

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DISCUSSION:

The Newport Beach Civic Center project was completed in 2013 and included an approximately 17,000 -square-foot expansion of the Central Library located at 1000 Avocado Avenue (Library). The expansion area, on the north side of the library closest to the new city hall building, included a small, ancillary retail space on the second floor intended to accommodate a concession. The 757-square-foot concession space is made up of a ground flo or receiving and storage area and a second floor “grab -and-go” style cafe (Space).

The Space must operate consistent with the library’s days and hours of operation, including closing on public holidays. The location on the second floor provides the operator the opportunity to place seating and furniture in the atrium area, as well as customers using the outdoor patio area furniture. The kitchen does not have a hood or grill for cooking and limits the menu items at the Space to re-heated items, pre-packaged, or cold foods. The concession is intended to serve library patrons, Civic Center and park visitors, event attendees, and City staff.

Selection Process
In consideration of the target tenant for the concession, the Space was listed for lease on the commercial real estate listing platforms. The listing showcased the unique location, convenient parking, and local demographics. Staff hosted an open house on November 8, 2023, and toured dozens of interested parties through the Space. Seventeen proposals were received and evaluated by staff, with emphasis on the proposers’ prior experience operating a similar concession or café, menu offerings with broad appeal that included high quality items at reasonable price points, and the proposed operating and administrative structure. The proposers’ ability to independently drive foot traffic and business to the Space was also considered by evaluating their marketing and social media plans. The proposal from KIT Coffee stood out as meeting the needs of the Space and was selected as the most qualified to operate the concession.

Kit Coffee
Kit Coffee (operating under Kit at the Library, Inc.) is a locally owned coffee shop with existing locations in Newport Beach and Irvine. Kit Coffee offers high quality coffee and tea-based drinks, and a limited menu focused on brunch items like toasts, burritos and pastries. The Tenant proposes to operate the Space, given the size and cooking limitations, with a focused food menu that includes avocado toasts, sandwiches and several salad s (Attachment B). The menu may change seasonally and based on customer feedback.

The Tenant proposes to make limited cosmetic tenant improvements to the Space, in keeping with the modern architecture and design of the Central Library and Civic Center as shown below and in Attachment C. The proposed tenant improvements and equipment needed to operate the Space will be provided by the Tenant, at no cost to the City. 261
Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue
March 25, 2025

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City Council Policy F-7, Income and Other Property
Due to the unique services provided to the community, and the operational limitations of the Space, only percentage rent is to be paid by the Tenant under the Agreement with no base rent due, as typically required by City Council Policy F-7, Income and Other Property (Policy) (Attachment D).

Staff believes the following findings can be made, as required by the Policy, when less than fair market value rent is received, and a waiver is requested:

1. The Tenant provides an essential or unique service to the community that might not otherwise be provided were full market value of the property required; and

2. With the proposed rent charged at less than fair market value, the use provides an important amenity to the City and might not otherwise be provided were full fair market value of the property required.

Concession Agreement
The proposed terms of the Agreement, for use of the Space, are summarized below:

1. The initial term is 5 years, with two 5-year extension options, for a total possible term of 15 years, unless terminated earlier as provided by the Agreement.

2. Percentage rent equal to 5% of the gross revenues up to $300,000, and 6% of the gross revenues over $300,001 per calendar year shall be paid by the Tenant, with payments submitted to the City each month.

3. In consideration of the Tenant’s proposed capital improvements to the Space, the Tenant shall have 12 months from the effective date of the Agreement to construct the improvements and begin operating the co ncession. Should the Tenant not 262
Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue
March 25, 2025

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commence operations before such time, base rent of $500.00 per month shall be due to the City until the Tenant opens for business.

4. Percentage rent shall be abated during the first 12 months of the term for construction of the tenant improvements, however, should the Tenant commence operations during the first 12 months of the Agreement, the amount of percentage rent abatement shall not exceed $25,000.

5. The Tenant shall operate the Space consistent with the library’s hours of operation, including closing on City-observed holidays.

6. Due to the land use restrictions on the Civic Center and Central Library properties, the Tenant must comply with the limitations on exterior signage and marketing of the Space.

7. Tenant shall pay its prorated share of the utilities serving the Space.

8. The Tenant must keep the Space, including the seating areas in the library atrium and patio, free of food waste, trash and debris, and in good condition at its sole cost and expense.

9. The Tenant shall provide certificates of insurance to the satisfaction of the City’s risk manager, naming the City as additional insured.

The Agreement has been reviewed by the City Attorney’s Office and has been approved as to form. The Tenant has reviewed and approved the terms of the Agreement.

California Surplus Land Act
Assembly Bill 1486 was signed into law in 2019, went into effect in 2020, and made significant changes to the California Surplus Land Act (SLA) (Government Code §54220, et seq.). With further updates to t he legislation in 2024, and in compliance with the updated SLA, the Agreement is not subject to the SLA as its terms are limited to 15 years total, is less than half an acre in size, and does not provide for a “disposition of surplus land” as the Tenant is limited to tenant improvements and no development or demolition of the Premises shall occur.

FISCAL IMPACT:

Revenues collected pursuant to the proposed Agreement will be posted to the General Fund (01050505) accounts in the Community Development Departmen t and will be included in future years’ budgets.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code 263
Concession Agreement with Kit at the Library, Inc. for Use of the Concession Facility at the Central Library Located at 1000 Avocado Avenue
March 25, 2025

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of Regulations, Title 14, Chapter 3, because th is project has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Concession Agreement
Attachment B – Proposed Menu
Attachment C – Proposed Tenant Improvements
Attachment D – City Council Policy F-7 - Income and Other Property 264

Attachment A
Concession Agreement
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Attachment B
Proposed Menu
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ESPRESSO
LATTE 5.5
CORTADO 4.5
CAPPUCCINO 5
MACCHIATO 4.5
ESPRESSO 4
AMERICANO 4
VANILLA LATTE 6
CARAMEL LATTE 6
DARK CHOCOLATE MOCHA 6
CREME BRULEE LATTE 6.5
TEA
LONDON FOG 5.5
MATCHA TEA LATTE 5.5
CHAI TEA LATTE 5.5
KOMBUCHA 6
LOOSE LEAF TEA 4
MATCHA GREEN ICED TEA 5
PASSION JASMINE ICED TEA 4
COFFEE
COFFEE 3/4
COLD BREW 5

ORGANIC TEAS

ENGLISH BREAKFAST

EARL GREY

WUYI OOLONG

ASHWAGANDA PU-ERH

JASMINE GREEN
MATCHA

WHITE PEONY

ROSEHIPS HIBISCUS

GINGER LEMON

HERBAL MINT

CHAMOMILE

SIGNATURE DRINKS
STRAWBERRY ALARM CLOCK 7
ESPRESSO + STRAWBERRY OAT MILK
THANK YOU BERRY MATCHA 7
MATCHA + STRAWBERRY OAT MILK
HORCHATA MATCHA 7

OAT MILK CINNAMON MATCHA WITH VANILLA
PURPLE DREAM 7.5

UBE COCONUT OAT MILK TOPPED WITH

SALTED COCONUT CREAM
LAVENDER SKIES 6
ESPRESSO + BLUEBERRY LAVENDER MILK
LAVENDER FIELDS 6
MATCHA + BLUEBERRY LAVENDER MILK

MILK ALTERNATIVES
OAT MILK 1
ALMOND MILK 1
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AVOCADO TOASTS
CAPRESE AVOCADO TOAST……………………………………………………….……….. 14

ARUGULA, MOZZARELLA CHEESE, CHERRY TOMATOES, BASIL, LEMON ZEST, BALSAMIC SMOKED AVOCADO TOAST …………………………..………..……………..……….….… 15

BACON, CHERRY TOMATO, SMOKED PAPRIKA, LEMON ZEST & CHIVES SPRING AVOCADO TOAST.…………………………..………………………………………. 14

ARUGULA, CUCUMBER, TOMATO, PICKLED ONION, GOAT CHEESE, LEMON GARLIC VINAIGRETTE HOT’ N SWEET AVOCADO TOAST…………………………………………….…..………… 11

LEMON PEPPER, CHILI FLAKES, DRIZZLE OF HOT AND SWEET HONEY LOX AVOCADO TOAST……………………….………………….…..………………………… 18

ARUGULA, CHILI FLAKES, CUCUMBER, LEMON VINAIGRETTE, PICKLED ONION, SMOKED SALMON,

EVERYTHING BUT THE BAGEL SEASONING, CAPER, CHIVES AND SIDE OF SLICED LEMON SAVORY
BREAKFAST BURRITO….……….…………………………………….………………………. 16

SCRAMBLED EGG, CILANTRO RICE, HASH BROWN, CHEDDAR JACK, GRILLED ONION, CHOOSE FROM BACON OR CHORIZO OR SOYRIZO (+1) OR NO MEAT
GRILLED CAPRESE PANINI………………………………………………………..…………..12

HEIRLOOM TOMATOES, MOZZARELLA, BASIL, GARLIC AIOLI, BALSAMIC DRIZZLE TURKEY PESTO SANDWICH………..……………………………………….……….………..14

TURKEY, PROVOLONE, GOUDA, SUN-DRIED TOMATOES, SPROUTS, MUSTARD AIOLI B.L.T. SANDWICH…………………………………………….……………..…….…….………..14

BACON, LETTUCE, HEIRLOOM TAOMATOES, AVOCADO, GARLIC AIOLI KIMCHI BACON GRILLED CHEESE……………………………..…..……………….………..14

BACON, KIMCHI JAM, MOZZERELLA, GARLIC BUTTER SPREAD
THE EGG SANDO…………………………………………………………………..…….………10

JAPANESE EGG SALAD, KEWPIE MAYO, SOFT BOILED EGG, MUSTARD AIOLI VEGGIE DELIGHT………………………………..………………………………..…….………..11

AVOCADO, HEIRLOOM TOMATOES, CUCUMBERS, RED ONION, LETTUCE, SPROUTS, RED WINE VINAIGRETTE CLASSIC COBB SALAD…………………………………………………………..…….………..14

CHICKEN, BACON, LETTUCE, AVOCADO, HARD BOILED EGG, RED ONION, BLUE CHEESE CRUMBLE

RED WINE VINAIGRETTE
TWO EGGS ARUGULA SALAD……………………….…..….……………..…………….…… 13

ARUGULA, CHERRY TOMATOES, AVOCADO, TWO SOFT BOILED EGGS, LEMON GARLIC VINAIGRETTE

BALSAMIC DRIZZLE & CHIVES
SWEET
BRULEÉ TOAST ………………………………………..……….…………….………………… 7
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Attachment C
Proposed Tenant Improvements
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KIT @ the Library - Design Development Presentation
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PLAN

MOP SINK

TURBO CHEF

UC FRIDGE ESPRESSO

ICE BIN WITH

SPEED RAIL

GRINDERS BEV BIN
PASTRY
CASE

ICE BIN

POS/DRAWERRINSER

GRINDER
FETCO

HOT WATER

DISPENSER
PANINI
PRESS
3 COMP
SINK
PREP
SINK

TOASTER SANDWICH
PREP

BLENDER
WAFFLE
MAKER

HEAT LAMPSPICE
RACK

ICE DISPENSER
LOCKER
FRIDGE
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FREEZERSHELVING REFRIDGERATOR

STORAGE PLAN
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VIEWS
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04 VIEWS
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Attachment D
City Council Policy F-7
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F- 7

1 INCOME AND OTHER PROPERTY

The City owns and manages an extensive and valuable assortment of property including streets, parks, beaches, public buildings and service facilities. The City also owns or ground leases and/or operates a yacht basin, resort hotel and apartment property, a luxury residential development and various other income - producing properties. Much of the income property is tidelands, filled tidelands or waterfront.

Unencumbered fee value of income property is substantial.

As owner/manager of property, the City is the steward of a public trust, and state law requires the City to maximize its returns on state-managed property or be subject to a charge of making a gift of public funds.

Nevertheless, the City Council recognizes the importance of this property not only as a revenue generator, but also as a means to provide otherwise financially less feasible uses and facilities that benefit the community.

In managing its property, the City will continually evaluate the potential of all City owned property to produce revenue. This may include leasing or licensing unused land, renting vacant space, and establishing concessions in recreation areas or other similar techniques. The City Council will evaluate the appropriateness of establishing new income generating opportunities on City controlled areas using sound business principles and after receiving input from neighbors, users and the public.

The policy of the City Council is that income and other property be held and managed in accordance with the following:

A. Whenever a lease, license, management contract, concession or similar action regarding income property is considered by the City, an analysis shall be conducted to determine the maximum or open market value of the property. This analysis shall be conducted using appraisals or other techniques to determine the highest and best use of the property and the highest income generating use of the property.

B. All negotiations regarding the lease, license, management contract, concession, or similar action regarding income property shall include review of an appraisal or analysis of the use being considered for the property conducted by a reputable and independent professional appraiser, real estate consultant, or business consultant.

C. The City shall seek, whenever practical and financially advantageous, both in the short and long term, to operate or manage all property and facilities directly with City staff or contractors, provided staff have the expertise needed to competently do so, or to oversee the work of contractors.

D. In most negotiations regarding the lease, license, management contract, concession, or similar action regarding an income or other property, the City shall seek revenue equivalent to the open market value of the highest and best use; and, whenever practicable the City shall conduct an open bid or proposal process to ensure the highest financial return.

9-132
391
F- 7

2 E. However, in some circumstances the City may determine that use of a property by the public for recreational, charitable or other nonprofit purpose is preferred and has considerable public support, in which case the City may determine that non -financial benefits justify not maximizing revenue from such property. In such circumstances, the City has a vested interest in ensuring that the lessee of such property operates the activities conducted on or from the property in the manner that has been represented to the City throughout the duration of any lease or contract with the City.

F. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings may include but need not be limited to the following:

1. The City is prevented by tideland grants, Coastal Commission guidelines or other restrictions from converting the property to another use.

2. Redevelopment of the property would require excessive time, resources, expertise and costs, which would outweigh other financial benefits.

3. Converting the property to another use or changing the operator, manager, concessionaire, licensee, or lessee of the property would result in excessive vacancy, relocation or severance costs, real estate commissions, tenant improvement allowances, expenses or rent concessions which would outweigh other financial benefits.

4. Converting residential property to another use or opening residential leases to competitive bid would create recompensable liabilities and other inequities for long-term residents.

5. The property provides an essential or unique service to the community or a clearly preferred use that enjoys substantial support in the community that might not otherwise be provided were full market value of the property be required.

6. The property serves to promote other goals of the City such as affordable housing, preservation of open space, uses available to the public or marine related services.

G. Generally, lengths of licenses, leases, management contracts, concessions, or similar agreements will be limited to the minimum necessary to meet market standards or encourage high quality improvements and will contain appropriate reappraisal and inflation protection provisions. Also, all agreements shall contain provisions to assure complete audits periodically through their terms.

H. All negotiations regarding the license, lease, management contract, concession or similar action regarding income property shall be conducted by the City Manager or his/her designee under the direction of any appropriate City committees.

I. To provide an accurate accounting of actual net revenues generated by the City’ s income property, all costs directly attributable or allocable to the management of a specific income property shall be charged against the gross revenues collected on that property in the fiscal year the costs are incurred.

Costs so chargeable include, but are not limited to, property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager, or by this Income Property Policy.
9-133
392
F- 7

3 J. The City Manager or his/her designee is authorized to sign a license, lease, management contract, concession, or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding the foregoing, the City Manager or his/her designee, or a City Council member, may refer any license, lease, management contract, concession or similar agreement or any amendment thereto, to the City Council for its consideration and/or action.

K. The City’s portfolio of quality income producing properties adds an element of diversification to a portfolio otherwise invested primarily in financial assets. Certain of those income properties are restricted from sale by their terms of grant, state agency regulations or rules, other federal and state guidelines, private covenant or agreement or otherwise. For those properties not so restricted from sale, an analysis shall be prepared to determine the following prior to such income producing property being offered for sale:

1. The maximum open market value of the City’s interest in the property in its as is condition.

2. If the property is in an important location, a determination of the possible future consequences of the City no longer controlling that property.

3. If the current rent is contractually low and significant rent increases are likely within a finite period.

4. The likelihood of significant increases in the ability of the property to generate income after the expiration of any current lease of the property.

5. The likelihood of a lease extension being requested by the tenant and the ability to substantially increase rents or require significant improvements to enhance the utility and the value of the property as consideration for granting such an extension.

6. The value of the revenue stream from (i) lease income over the life of an existing lease and/or (ii) likely lease revenue if an existing lease were to be renewed or the property re- let to a different tenant; and/or (iii) lease income from the property if it were to be converted to its highest and best use, compared with the financial benefits of the use of the proceeds of a sale and if, considering the totality of the circumstances, such use of the proceeds of a sale is preferable to retaining the property in question.

History

Adopted F-24 – 7-27-1992
Amended F-24 – 1-24-1994
Amended F-7 – 2-27-1995
Amended F-7 – 2-24-1997
Amended F-7 – 5-26-1998
Amended F-7 – 8-11-2009
Amended F-7 – 5-14-2013
Amended F-7 – 2-12-2019
Amended F-7 – 11-14-2023
9-134
393

On the Agenda: March 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, March 25 at 4 p.m. The full agenda is available here.

Agenda items include:
• A 5-year agreement with Kit Coffee (operating under Kit at the Library, Inc.), to operate the retail concession facility at the Central Library, 1000 Avocado Ave. City staff is recommending Kit Coffee, a locally owned coffee shop with facilities in Newport Beach and Irvine, after evaluating proposals from interested food-service operators. Kit Coffee proposes to offer coffee and tea -based drinks and a limited food menu with items such as toasts, sandwiches and salads at the library location. • 2024 General Plan annual progress report, including a Housing Element report. Under State law the City must prepare and submit an annual report on the status of the City’s General Plan and implementation progress. The Council action would approve the rep ort and authorize staff to submit the report to the California Department of Housing and Community Development. • Amendment of a municipal ordinance related to the completion of residential home construction.

In 2019, the City Council adopted a three-year time limit to complete construction of one-unit and two-unit family dwellings. In 2022, as the COVID-19 pandemic disrupted supply chains and delayed construction, the Council temporarily granted the City's building official authority to extend the time limit for up to one additional year. The Council will consider an amendment to remove a sunset provision from the ordinance and grant the building official authority to approve up to two, 180-day extensions for projects entering their fourth year. This amendment eliminates the public hearing requirement for these specific extensions, streamlining the process and reducing costs for permit holders. Requests for a third or fourth extension would require a public hearing with an administrative hearing officer. Additionally, the proposed ordinance introduces new requirements for applicants seeking extensions.

VIEW THE FULL AGENDA >>

394
March 25, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the March 11, 2025 City Council Meeting The passage shown in italics below is from the draft minutes with a suggested correction shown in strikeout underline format. The page number refers to Volume 66.

HOA meeting, the trash interceptor ribbon cutting, the OCIACC Nowruz Spring Festival, and the Fire Station 2 demolition party and extended congratulations to Bob Olsen Olson.” Item 3. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits
This matter involving who should be authorized to grant exceptions to STL permit deadlines, and for what reasons, is unusual in that parts of it have had fairly extensive Council discussion even though it has never been publicly announced on any agenda, including this one, as a matter for such discussion.

The proposal started as part of Item 3 on the October 8, 2024, consent calendar (along with an unrelated Finance Department matter about demolition debris hauling), from which it was pulled for a discussion that was continued to a future planning session.

That discussion was indeed continued (see video) at the Council’s February 1, 2025, planning session, and a person hoping for relief from the STL deadlines was apparently even expected to plead their case to the Council. However, nothing on the agenda reminded the public that such a discussion by the Council was planned for that day.

In the February 1 discussion, Council members seemed to agree that what qualified as “good cause” needed to be defined (which it had not been in the October 8 offering). But curiously, the example of an aggrieved person, who turned out to be a professional asset manager who had apparently failed to properly manage his client’s asset rather than a property owner who had innocently missed a deadline due to some special hardship, never explained the unusual circumstances that had caused him to miss a deadline (see video), nor did the Council discuss whether they would agree his circumstances constituted “good cause” for relief or, more generally, how they thought “good cause” should be defined.

The matter returned as Item 5 on the March 11 consent calendar, where a definition of “good cause” was proposed, but not discussed, although I provided extensive written comments.

As a policy matter, I think it is good for the City to have flexibility in the administration of its regulations. However, in the case of STL permits, since having one is a privilege rather than a right, and there is a long waiting list of people not presently having a permit, but hoping to get one, I would think leniency for those who have the permits but fail to follow the rules, including Received After Agenda Printed
March 25, 2025
Written Comments
395
March 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 failing to meet deadlines, should be very limited. I would also think that in evaluating whether a missed

STL

permit

deadline

should

be

excused,

factors

in

addition

to

the

existence

of

good

cause

should

be

considered,

such

as

whether

the

property

has

been

the

subject

of

complaints

or

other

enforcement

actions.

The

Council

might

also

want

to

include

in

the

ordinance

examples

of

circumstances

which

staff

should

not

regard

as

“good

cause”

or

limit

how

long

after

a

missed

deadline

a

request

for

extension

can

be

entertained.

It is, therefore, disappointing that on March 11 the Council did not publicly discuss whether the rather

broad

definition

offered

by

staff

meets

their

expectations

(and

how

it

would

be

applied

to

the

unknown

circumstances

of

the

asset

manager

at

the

February

1 Planning

Session)

–

or

whether

there

should

be

a

very

narrow

definition

provided

for

staff

to

use

to

which

a

mechanism

could

be

added

for

more

problematic

claims

to

be

referred

on

appeal

to

the

Council.

Even assuming the Council members individually reviewed the proposed definition of “good cause”

for

missing

an

STL

permit

deadline,

and

found

it

met

their

expectations,

I

continue

to

think

the

proposed

ordinance

is

defective

for

two

reasons.

Making Definition Applicable to Entire Municipal Code is a Bad Idea First, rather than placing the definition of “good cause” in the chapter of the Municipal Code regarding

STL

permits,

to

which

it

is

intended

to

apply,

staff

proposes

putting

it

in

a

section

that

will

make

it

applicable

to

the

entire

Municipal

Code.

This a bad recommendation, or, at the very least, a decision that needs further review. As I pointed out in my March 11 written comments, the phrase “good cause” appears 27 times in 19 different

chapters

of

the

code,

in

each

of

which

it

may

have

been

intended

to

be

understood

differently.

Inserted

after-the-fact

a

definition

that

may

or

may

not

have

been

intended

is

not

wise.

A recent example of the problems this can cause was the entry of Pacaso fractional ownership homes into the Newport Beach market. As indicated in my comments on that subject on pages 12-44 & 45 of the March 14, 2023, Council agenda packet, since 1982, with adoption of Ordinance No. 82-14, Newport Beach had perfectly clear regulations in its Zoning Code (Title 20 of the Municipal Code) intended to prohibit such activity (time-share arrangements in residential areas).

However,

the

original

language

used

the

phrases

“time-share

projects
”

and

“time-share

development,
”

which

were

explicitly

intended

to

apply

to

conversion

of

existing

residences

to

a

time-share

model,

including

fractional

ownership,

even

though

the

terms

“project”

and

“development”

were

not

explicitly

defined.

However,

without

considering

this,

the

Zoning

Code

was

repeatedly

rearranged

and

revised,

and

eventually,

definitions

of

“project”

and

“development”

applicable

to

the

entire

Zoning

Code

were

added.

And

even

though

the

introduction

of

those

definitions

was

presumably

not

intended

to

alter

the

meaning

of

the

time-share

regulations,

by

the

time

Pacaso

came

to

town,

staff

said

they

did,

and

they

could

not

prohibit

conversions

of

existing

homes,

only

new

construction.

One has to wonder if the Council members have reviewed the 18 Municipal Code chapters unrelated

to

STL

permits

in

which

“good

cause”

appears,

and

determined

that

applying

to

them

396
March 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 the definition proposed in the STL permit context does not alter the meaning of “good cause” that

earlier

Councils

intended

in

those

other

contexts?

Placing Substantive Regulations in Uncodified Portions of Ordinances is a Bad

Idea
Second, although neither the Council nor the public heard the circumstances of the speaker seeking relief at the February 1 Planning Session (only that “things come up”), it appears the intent

of

these

code

revisions

is

to

allow

staff

to

excuse

people

who

have

missed

STL

permit

deadlines.

Yet

the

proposed

code

revisions

are

written

entirely

in

terms

of

extending

deadlines,

which

implies

a

request

to

extend

the

deadline

has

been

received

before

the

deadline

comes.

The fact that an “extension” can be granted retroactively, in effect excusing the missing of a deadline

is

relegated

to

an

obscure

reference

in

uncodified

Section

7 of

the

proposed

ordinance,

on

page

3-13

of

the

agenda

packet.

Not only could the fact that a deadline can be extended retroactively have easily been included in

the

codified

portion

of

the

code,

where

all

those

reading

the

code

would

see

it,

but

the

code

might

even

have

limited

how

long

after

the

fact

a

retroactive

extension

can

be

granted

and

how

long

such

an

extension

can

be.

The problems that can be created by not codifying substantive portions of regulations is illustrated

by

Item

12 on

the

current

agenda.

In

that

case,

when

enacting

a

Building

Code

revision

in

2022,

the

Council

only

intended

for

it

to

be

in

effect

until

April

21,

2025,

at

which

time

the

unrevised

text

would

return.

It

would

have

been

relatively

easy

to

include

this

proviso

in

the

code

(the

state

legislature

does

this

quite

frequently).

Instead,

much

like

here,

it

exists

only

in

an

obscure

uncodified

section

of

the

2022

ordinance

(see

page

12-21

of

the

present

agenda

packet).

Despite

a

subsequent

ordinance

reenacting

the

code

section

in

question

without

any

mention

of

an

expiration,

the

proviso

in

the

earlier

ordinance

seems

to

remain,

like

a

zombie,

completely

unknown

to

those

reading

the

existing

code,

which

does

not

even

mention

the

ordinance

containing

it

in

its

revision

history.

In the present case, the fact that STL deadline extensions can be retroactive will not only be unknown

to

readers

of

the

code,

but

it

may

assume

a

similar

zombie

status

if

the

code

were

subsequently

revised

without

an

intent

to

be

retroactive

but

without

explicitly

repealing

the

present

ordinance.

Item 4. Resolution No. 2025-12: Creating the Ad Hoc Refuse Committee
I think the idea of staff reaching out in considering its response to refuse regulations is a good one,

and

the

present

proposal

is

an

improvement

over

the

roll-out

of

the

three-cart

residential

collection

system,

regarding

which

input

seems

to

have

been

sought

from

a

3-member

Council

Ad

Hoc

Solid

Waste

Committee

that

was

never

formally

appointed

and

which

the

public

knew

nothing

about.

397
March 25, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 That said, I think it would be better for the Council to appoint a committee of affected residents and

business

owners

from

whom

staff

could

seek

input.

The

advantage

of

that,

is

that

the

Brown

Act

would

require

the

discussions

to

be

noticed

and

public.

The problem with Council-appointed ad hoc committees (and with ad hoc committees of the City boards

and

commissions

in

general,

is

that

they

are

created

precisely

to

avoid

public

visibility.

Since

the

Brown

Act

does

not

require

it,

their

discussions

are

rarely

if

ever

public.

As

a

result

there

is

a

complete

lack

of

transparency

as

to

how

their

recommendations

were

arrived

at

and

what

input

was

considered.

A happy recent, but still extremely rare, exception was the PB&R ad hoc committee seeking to make

a

recommendation

about

the

proposed

Aquatic

Center

at

Lower

Castaways,

which

held

a
noticed public workshop in the Community Room on February 12.

Item 5. Irrigation Controller Replacement Phase 2 – Award of Contract No.

9735-1
With a low bid of $472,186 to acquire(?) and install 37 controllers, that comes to nearly $13,000 per

controller.

This contract is clearly for something more than a typical home controller, so it might have been helpful to provide a little more information on what is being contemplated. From the bid package, it looks like it is some version of the Toro 21-1196-IRC-DXi-Controller-SS.

Item 9. Concession Agreement with Kit at the Library, Inc. for Use of the

Concession

Facility

at

the

Central

Library

Located

at

1000

Avocado

Avenue
Why is no information provided regarding the 16 other proposals that were received but rejected by

City

staff?
Why are “limited cosmetic tenant improvements to the Space” anticipated to take as much as 12 months

to

complete?
Libraries are known to attract children, and I seem to recall seeing them in the entry area adjacent

to

the

concession.

Does

the

menu

contain

any

items

that

would

appeal

to

young

children?

Item 10. Amendment to Professional Services Agreement with Dudek, Inc.

for

Consulting

Services

on

the

Comprehensive

General

Plan

Update

(PA2022-080)
The City Council has, in my view, caused significant delay to the general plan update process by

announcing

its

plan,

in

December,

to

dismiss

all

the

GPAC

and

GPUSC

members

and

make
new appointments in the new year, which finally happened as Item 11 at the February 25, 2025, meeting. I am grateful for my reappointment, and as chair of the subcommittee reviewing the existing Noise

Element

in

the

GPAC’s

prior

configuration,

I

have

considerable

interest

in

the

current

item,

although

I

don’t

yet

know

if

I

will

be

continuing

that

role

in

the

new

iteration.

398
March 25, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 I might note that at the time the subcommittee and full GPAC made our recommendation, we were

unaware

the

traffic

noise

contours

resulting

from

the

addition

of

6th

Cycle

RHNA

units

(for

everything

but

the

73 freeway

and

toll

road)

had

already

been

projected

by

a

prior

consultant

as
part of the recent Housing Implementation Program EIR (PA2022-0245), specifically in Chapter 4.11 and Appendix E. It appears Dudek is proposing to do something more supported by measurement. In that regard, I am a little puzzled by proposed Task 1.2.b (agenda packet page 10-10), calling for

Dudek

to

evaluate

noise

in

the

Airport

Area

“
based

upon

sound

level

contour

mapping

from

the

corresponding

Airport

Land

Use

Compatibility

Plan

(ALUCP)
.”

This

seems

to

be

a

reference
to what the County calls the John Wayne Airport Airport Environs Land Use Plan (AELUP). Dudek seems not to have been informed that the contours in that plan were created in 1985, or before,

and

included

projections,

made

then,

to

the

anticipated

contours

in

2005.

The

City

has
an ongoing dispute with the OC Airport Land Use Commission as to whether the projections published in 1985 are still appropriate contours for planning purposes, and has, indeed, substituted a different set of contours in the November 14, 2023, Item 22 Noise Element revisions mentioned on page 10-2 of the staff report (prepared and adopted without GPAC input).

The

ALUC

does

not

accept

that

change,

and

rejects

submissions

based

on

them.

There

is

a

particularly

acute

disagreement

as

to

the

noise

impact

of

the

small

piston-powered

planes

that

fly

over

what

the

City

calls

the

“Airport

Area”

north

of

Bristol,

yet

no

one

seems

to

have

any

actual

measurements

to

support

their

view

of

what

the

current

situation

there

actually

is.

Assuming this item is approved, I hope staff will instruct Dudek to perform some of its long-term monitoring

(Task

1.1)

in

that

area.

I am also a little concerned about the clarity of Task 2. Although entitled “GPAC Subcommittee Coordination,”

the

unnumbered

opening

paragraph

suggests

Dudek

feels

it

has

more

than

fulfilled

its

obligation

to

attend

meetings

of

the

full

GPAC,

since

the

ones

it

has

attended

to

date

ran

longer

than

the

1-hour

anticipated

(as

future

ones

may

also).

Do

Dudek

and

staff

have

a

clear

understanding

of

how

many

additional

full

GPAC

and

GPUSC

meetings

Dudek

is

expected

to

attend?

Is

there

sufficient

budget

for

them?
As to the GPAC subcommittees, the Council may wish to know there are six subcommittees, organized

to

review

various

combinations

of

general

plan

elements,

as

well

as

one

for

the

Vision

Statement.

The

proposed

12 meetings

would

mean

Dudek

attendance

at

at

most

2 each

to

review

their

proposed

revisions,

none

of

which

have

yet

been

seen,

before

they

go

to

the

Planning

Commission

and

Council.

That

seems

possible,

but

minimal.

Does

staff

anticipate

the

possibility

of

a

need

for

additional

GPAC

subcommittee

discussion

meetings

without

Dudek

present?

399
March 25, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 Item 12. Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the

Newport

Beach

Municipal

Code

Related

to

Timeframes

for

Completion

of

Construction
As noted in my comments when this item was first introduced (and then withdrawn) on March 11, it is unusual in that the current Municipal Code cites Ordinances No. 2023-22 § 693 and 2022-26 § 1 as the source of the language presently found in NBMC Section 15.02.095, and makes no mention of Ordinance No. 2022-8, where the sunset provision resides. I concluded from this that no action was needed since neither of those ordinances makes any mention

of

the

provisions

they

added

being

subject

to

sunsetting.

But

perhaps

action

is

needed,

since

neither

seems

to

have

explicitly

repealed

the

uncodified

parts

Ordinance

No.

2022-8.

Assuming the April 21, 2025, sunsetting provision in Ordinance No. 2022-8 is still operative, it would

appear

the

present

ordinance

repealing

it

will

not

be

adopted

until

a

second

reading

on

April

15,

and

will

not

become

effective

until

30 days

later,

on

May

15. What will happen to projects that, under the prior code that staff believes will be restored for the 24 days

from

April

21 to

May

15,

would

need

to

file

for

an

extension

during

that

time?

Item XIII.A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS This item involving three non-City-owned properties with no explanation of what the City’s interest

in

them

might

be,

also

seems

rather

unusual.

One of the properties, the former Balboa Theatre at 707 E. Balboa Blvd., the City formerly owned

and

sold.

What

happened

to

that

new

owner’s

plans?

Is

the

City

considering

buying

it

back?

Another, at 12 Corporate Plaza Drive, is the subject of an active Preliminary Application, PA2025-0017, for 38 residential units in an 85-foot high tower. Is the City contemplating becoming a partner in the development? And the remaining one, at 3848 Campus Drive, has been the subject of prior closed session agendas, such as on January 28, and also seems to have a pending application, PA2023-0145, to construct a private self-storage facility on the site. What became of those?

400

10-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 25, 2025
Agenda Item No. 10

ABSTRACT:

For the City Council’s consideration is an amendment to the existing Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update. The requested amendment would: (1) update the scope of work to include an update to the Noise Element, additional support for the General Plan Advisory Committee and its subcommittees , and an additional draft General Plan deliverable; (2) extend the term of the agreement to June 30, 2026; and (3) increase the total compensation by $128,479.99.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060( c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. One to the Professional Services Agreement with Dudek, Inc. for Consulting Services on the Compre hensive General Plan Update, which augments the Scope of Work, extends the contract to June 30, 2026, and increases the contract amount by $128,479.99 for a total not -to-exceed amount of $1,606,509.74, and authorize the Mayor and City Clerk to execute Amendment No. One to the Agreement.

DISCUSSION:

With the City Council’s authorization on June 27, 2023 , the City of Newport Beach executed a professional services agreement with Dudek, Inc. ( Dudek) for consulting services related to the comprehensive update o f the General Plan (Agreement). It is noteworthy that the Scope of Work authorized under the Agreement did not include services on the General Plan’s Circulation Element, Housing Element, or Noise Element.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, [email protected]
TITLE: Amendment to Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update (PA2022-080)
401
Amendment to Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update March 25, 2025

10-2

Since the Agreement’s execution, Dudek has been providing professional and technical support to City staf f, including attending meetings of the General Plan Update Steering Committee (GPUSC) and the General Plan Advisory Committee (GPAC). To ensure efficiency and productive meetings, the GPAC formed multiple subcommittees to review individual General Plan elements for potential refreshing to align with the community’s vision. The GPUSC has continuously overseen the work of and provided guidance to the GPAC while reporting back to the City Council on progress made.

As part of the GPUSC’s bi-monthly update to the City Council on September 24, 2024, it was reported that the GPAC Noise Subcommittee received support from the GPAC and GPUSC to pursue the City Council’s authorization for the technical work necessary to update Figures N1 through N6 related to existing and future noise contours, as well as a community noise survey to identify any major noise sources. Attachment B to this report is GPUSC Chair Nancy Gardner’s memo updating the City Council on the progress made.

As recommended in the staff report for that meeting, the City Council received and filed the bi -monthly update expressing initial support to consider an amendment to the Agreement for this work.

Proposed Additional Services
Dudek has prepared a supplemental work plan that includes additional services to update the Noise Element, which are listed and briefly described in Table 1 below. The full work plan is provided in Attachment A to this report. Importantly, there is no intention to change the revisions made with the City Council’s adoption of a focused update to the Noise Element on November 14, 2023, related to housing in the Airport Area.

Table 1, Outline of Additional Work Plan Tasks
# Task Title Description and Subtasks
1 Noise
Element
Update
Dudek will provide the necessary professional and technical support to update the Noise Element, including its exhibits and figures as necessary.  1.1 Establish Baseline Conditions
 1.2 Sound Propagation Modeling and Sound Contour Mapping  1.3 Update Noise Element Policies
 1.4 Noise Element Amendment
2 GPAC
Subcommittee
Coordination
As the General Plan Update has progressed and with the addition of the Noise Element, it has become apparent that additional coordination with the ad hoc committees and the various GPAC Subcommittees is needed.  2.1 GPAC Subcommittee Meetings and Support
3 General Plan
Update
Additional
Draft
To accommodate the General Plan Update’s iterative process with the community and ad hoc committees, Dudek recommends an additional draft of the General Plan.
 3.1 Additional Draft General Plan
402
Amendment to Professional Services Agreement with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update March 25, 2025

10-3

Project Schedule and Amended Term
The Agreement’s schedule has the General Plan Update being completed in early summer 2025. With the proposed amendment, the schedule will shift to accommodate the additional work needed to include an update to the Noise Element and pushes completion to fall 2025. Given the slight delay and the potential need for additional time to wrap up the project, the amendme nt includes extend ing the term expiration from December 31, 2025, to June 30, 2026.

Project Cost
To provide the required services, Dudek is requesting an additional $128,479.99, which includes adequate budget to allow for an additional draft of the General Plan, if necessary.

Given the iterative process with significant input from the GPUSC, GPAC, and GPAC subcommittees, as well as the community, City staff believes planning for an additional draft is warranted and prudent.

With this additional cost, the t otal contract amount will increase from $1,478,029.75 to $1,606,509.74.

FISCAL IMPACT:

Given the General Plan Update will continue across fiscal years through the end of 2025, the current Capital Improvement Program (CIP) budget for Fiscal Year 2024-2025 (FY24- 25) is not sufficient to complete it. Staff will request additional funds in the CIP budget for Fiscal Year 2025-2026 (FY25-26) such that sufficient funding for the amended Agreement is included as part of the General Plan Update project. All expenditures will be expensed to the General Fund Account No. 01201928-980000 (Project 20M11).

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060( c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Amendment No. One to the Professional Services Agreement with Dudek Attachment B – September 24 City Council GPUSC Memo 403

Attachment A
Amendment No. One to the Professional
Services Agreement with Dudek
10-4
404
10-5
405
10-6
406
10-7
407
10-8
408
10-9
409
10-10
410
10-11
411
10-12
412
10-13
413
10-14
414

Attachment B
September 24 City Council GPUSC
Memo
10-15
415

REPORT TO COUNCIL

We are beginning Phase 2 of the outreach process. An important part of this will be joint sessions with various city commissions and committees to get their specialized perspectives. In addition, there will be workshops where we can begin to get more considered community reaction to various plan aspects.

Several analyses have been prepared by Dudek:
*The Implementation Program Analysis reviews implementation progress of the current General Plan. Overall, the implementation rate is good. There are some areas where nothing has been done, and part of the process will be to evaluate their current relevance and make suggestions to Council.

*The Diagnostic Memo provides brief descriptions of relevant legislation for each element to help GPAC in its efforts. The memo identified one area within the city as meeting the environmental justice classification, but this generated disagreement from many committee members who feel that the data relied on doesn't accurately reflect the area. The consultant will review this.

Noise Element: The subcommittee had a presentation by Code Enforcement and an acoustician as well as data from the police department as to types and numbers of noise complaints. On review of the subcommittee report, GPAC feels that because we are using noise contours from 2004 and earlier and because there are coverage gaps (no analysis of the 73 Freeway, for example), it is difficult to make good forecasts for the future. The committee would like the Council to consider authorizing new noise studies. As this is not in the current Dudek contract, staff will provide a cost estimate.

The Steering Committee is recommending Janine Padia and Virginia Anders-Ellmore to fill two vacancies on GPAC. Ms. Padia is a real estate consultant. Ms. Anders-Ellmore, a retired nurse, has been attending and participating in GPAC and GPAC subcommittee meetings regularly. We recommend Rita Goldberg as a back-up replacement if there is another resignation. Ms. Goldberg has a background in publishing, served as a city arts commissioner and is on the advisory board for the film festival. 10-16
416
March 25, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the March 11, 2025 City Council Meeting The passage shown in italics below is from the draft minutes with a suggested correction shown in strikeout underline format. The page number refers to Volume 66.

HOA meeting, the trash interceptor ribbon cutting, the OCIACC Nowruz Spring Festival, and the Fire Station 2 demolition party and extended congratulations to Bob Olsen Olson.” Item 3. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits
This matter involving who should be authorized to grant exceptions to STL permit deadlines, and for what reasons, is unusual in that parts of it have had fairly extensive Council discussion even though it has never been publicly announced on any agenda, including this one, as a matter for such discussion.

The proposal started as part of Item 3 on the October 8, 2024, consent calendar (along with an unrelated Finance Department matter about demolition debris hauling), from which it was pulled for a discussion that was continued to a future planning session.

That discussion was indeed continued (see video) at the Council’s February 1, 2025, planning session, and a person hoping for relief from the STL deadlines was apparently even expected to plead their case to the Council. However, nothing on the agenda reminded the public that such a discussion by the Council was planned for that day.

In the February 1 discussion, Council members seemed to agree that what qualified as “good cause” needed to be defined (which it had not been in the October 8 offering). But curiously, the example of an aggrieved person, who turned out to be a professional asset manager who had apparently failed to properly manage his client’s asset rather than a property owner who had innocently missed a deadline due to some special hardship, never explained the unusual circumstances that had caused him to miss a deadline (see video), nor did the Council discuss whether they would agree his circumstances constituted “good cause” for relief or, more generally, how they thought “good cause” should be defined.

The matter returned as Item 5 on the March 11 consent calendar, where a definition of “good cause” was proposed, but not discussed, although I provided extensive written comments.

As a policy matter, I think it is good for the City to have flexibility in the administration of its regulations. However, in the case of STL permits, since having one is a privilege rather than a right, and there is a long waiting list of people not presently having a permit, but hoping to get one, I would think leniency for those who have the permits but fail to follow the rules, including Received After Agenda Printed
March 25, 2025
Written Comments
417
March 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 failing to meet deadlines, should be very limited. I would also think that in evaluating whether a missed

STL

permit

deadline

should

be

excused,

factors

in

addition

to

the

existence

of

good

cause

should

be

considered,

such

as

whether

the

property

has

been

the

subject

of

complaints

or

other

enforcement

actions.

The

Council

might

also

want

to

include

in

the

ordinance

examples

of

circumstances

which

staff

should

not

regard

as

“good

cause”

or

limit

how

long

after

a

missed

deadline

a

request

for

extension

can

be

entertained.

It is, therefore, disappointing that on March 11 the Council did not publicly discuss whether the rather

broad

definition

offered

by

staff

meets

their

expectations

(and

how

it

would

be

applied

to

the

unknown

circumstances

of

the

asset

manager

at

the

February

1 Planning

Session)

–

or

whether

there

should

be

a

very

narrow

definition

provided

for

staff

to

use

to

which

a

mechanism

could

be

added

for

more

problematic

claims

to

be

referred

on

appeal

to

the

Council.

Even assuming the Council members individually reviewed the proposed definition of “good cause”

for

missing

an

STL

permit

deadline,

and

found

it

met

their

expectations,

I

continue

to

think

the

proposed

ordinance

is

defective

for

two

reasons.

Making Definition Applicable to Entire Municipal Code is a Bad Idea First, rather than placing the definition of “good cause” in the chapter of the Municipal Code regarding

STL

permits,

to

which

it

is

intended

to

apply,

staff

proposes

putting

it

in

a

section

that

will

make

it

applicable

to

the

entire

Municipal

Code.

This a bad recommendation, or, at the very least, a decision that needs further review. As I pointed out in my March 11 written comments, the phrase “good cause” appears 27 times in 19 different

chapters

of

the

code,

in

each

of

which

it

may

have

been

intended

to

be

understood

differently.

Inserted

after-the-fact

a

definition

that

may

or

may

not

have

been

intended

is

not

wise.

A recent example of the problems this can cause was the entry of Pacaso fractional ownership homes into the Newport Beach market. As indicated in my comments on that subject on pages 12-44 & 45 of the March 14, 2023, Council agenda packet, since 1982, with adoption of Ordinance No. 82-14, Newport Beach had perfectly clear regulations in its Zoning Code (Title 20 of the Municipal Code) intended to prohibit such activity (time-share arrangements in residential areas).

However,

the

original

language

used

the

phrases

“time-share

projects
”

and

“time-share

development,
”

which

were

explicitly

intended

to

apply

to

conversion

of

existing

residences

to

a

time-share

model,

including

fractional

ownership,

even

though

the

terms

“project”

and

“development”

were

not

explicitly

defined.

However,

without

considering

this,

the

Zoning

Code

was

repeatedly

rearranged

and

revised,

and

eventually,

definitions

of

“project”

and

“development”

applicable

to

the

entire

Zoning

Code

were

added.

And

even

though

the

introduction

of

those

definitions

was

presumably

not

intended

to

alter

the

meaning

of

the

time-share

regulations,

by

the

time

Pacaso

came

to

town,

staff

said

they

did,

and

they

could

not

prohibit

conversions

of

existing

homes,

only

new

construction.

One has to wonder if the Council members have reviewed the 18 Municipal Code chapters unrelated

to

STL

permits

in

which

“good

cause”

appears,

and

determined

that

applying

to

them

418
March 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 the definition proposed in the STL permit context does not alter the meaning of “good cause” that

earlier

Councils

intended

in

those

other

contexts?

Placing Substantive Regulations in Uncodified Portions of Ordinances is a Bad

Idea
Second, although neither the Council nor the public heard the circumstances of the speaker seeking relief at the February 1 Planning Session (only that “things come up”), it appears the intent

of

these

code

revisions

is

to

allow

staff

to

excuse

people

who

have

missed

STL

permit

deadlines.

Yet

the

proposed

code

revisions

are

written

entirely

in

terms

of

extending

deadlines,

which

implies

a

request

to

extend

the

deadline

has

been

received

before

the

deadline

comes.

The fact that an “extension” can be granted retroactively, in effect excusing the missing of a deadline

is

relegated

to

an

obscure

reference

in

uncodified

Section

7 of

the

proposed

ordinance,

on

page

3-13

of

the

agenda

packet.

Not only could the fact that a deadline can be extended retroactively have easily been included in

the

codified

portion

of

the

code,

where

all

those

reading

the

code

would

see

it,

but

the

code

might

even

have

limited

how

long

after

the

fact

a

retroactive

extension

can

be

granted

and

how

long

such

an

extension

can

be.

The problems that can be created by not codifying substantive portions of regulations is illustrated

by

Item

12 on

the

current

agenda.

In

that

case,

when

enacting

a

Building

Code

revision

in

2022,

the

Council

only

intended

for

it

to

be

in

effect

until

April

21,

2025,

at

which

time

the

unrevised

text

would

return.

It

would

have

been

relatively

easy

to

include

this

proviso

in

the

code

(the

state

legislature

does

this

quite

frequently).

Instead,

much

like

here,

it

exists

only

in

an

obscure

uncodified

section

of

the

2022

ordinance

(see

page

12-21

of

the

present

agenda

packet).

Despite

a

subsequent

ordinance

reenacting

the

code

section

in

question

without

any

mention

of

an

expiration,

the

proviso

in

the

earlier

ordinance

seems

to

remain,

like

a

zombie,

completely

unknown

to

those

reading

the

existing

code,

which

does

not

even

mention

the

ordinance

containing

it

in

its

revision

history.

In the present case, the fact that STL deadline extensions can be retroactive will not only be unknown

to

readers

of

the

code,

but

it

may

assume

a

similar

zombie

status

if

the

code

were

subsequently

revised

without

an

intent

to

be

retroactive

but

without

explicitly

repealing

the

present

ordinance.

Item 4. Resolution No. 2025-12: Creating the Ad Hoc Refuse Committee
I think the idea of staff reaching out in considering its response to refuse regulations is a good one,

and

the

present

proposal

is

an

improvement

over

the

roll-out

of

the

three-cart

residential

collection

system,

regarding

which

input

seems

to

have

been

sought

from

a

3-member

Council

Ad

Hoc

Solid

Waste

Committee

that

was

never

formally

appointed

and

which

the

public

knew

nothing

about.

419
March 25, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 That said, I think it would be better for the Council to appoint a committee of affected residents and

business

owners

from

whom

staff

could

seek

input.

The

advantage

of

that,

is

that

the

Brown

Act

would

require

the

discussions

to

be

noticed

and

public.

The problem with Council-appointed ad hoc committees (and with ad hoc committees of the City boards

and

commissions

in

general,

is

that

they

are

created

precisely

to

avoid

public

visibility.

Since

the

Brown

Act

does

not

require

it,

their

discussions

are

rarely

if

ever

public.

As

a

result

there

is

a

complete

lack

of

transparency

as

to

how

their

recommendations

were

arrived

at

and

what

input

was

considered.

A happy recent, but still extremely rare, exception was the PB&R ad hoc committee seeking to make

a

recommendation

about

the

proposed

Aquatic

Center

at

Lower

Castaways,

which

held

a
noticed public workshop in the Community Room on February 12.

Item 5. Irrigation Controller Replacement Phase 2 – Award of Contract No.

9735-1
With a low bid of $472,186 to acquire(?) and install 37 controllers, that comes to nearly $13,000 per

controller.

This contract is clearly for something more than a typical home controller, so it might have been helpful to provide a little more information on what is being contemplated. From the bid package, it looks like it is some version of the Toro 21-1196-IRC-DXi-Controller-SS.

Item 9. Concession Agreement with Kit at the Library, Inc. for Use of the

Concession

Facility

at

the

Central

Library

Located

at

1000

Avocado

Avenue
Why is no information provided regarding the 16 other proposals that were received but rejected by

City

staff?
Why are “limited cosmetic tenant improvements to the Space” anticipated to take as much as 12 months

to

complete?
Libraries are known to attract children, and I seem to recall seeing them in the entry area adjacent

to

the

concession.

Does

the

menu

contain

any

items

that

would

appeal

to

young

children?

Item 10. Amendment to Professional Services Agreement with Dudek, Inc.

for

Consulting

Services

on

the

Comprehensive

General

Plan

Update

(PA2022-080)
The City Council has, in my view, caused significant delay to the general plan update process by

announcing

its

plan,

in

December,

to

dismiss

all

the

GPAC

and

GPUSC

members

and

make
new appointments in the new year, which finally happened as Item 11 at the February 25, 2025, meeting. I am grateful for my reappointment, and as chair of the subcommittee reviewing the existing Noise

Element

in

the

GPAC’s

prior

configuration,

I

have

considerable

interest

in

the

current

item,

although

I

don’t

yet

know

if

I

will

be

continuing

that

role

in

the

new

iteration.

420
March 25, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 I might note that at the time the subcommittee and full GPAC made our recommendation, we were

unaware

the

traffic

noise

contours

resulting

from

the

addition

of

6th

Cycle

RHNA

units

(for

everything

but

the

73 freeway

and

toll

road)

had

already

been

projected

by

a

prior

consultant

as
part of the recent Housing Implementation Program EIR (PA2022-0245), specifically in Chapter 4.11 and Appendix E. It appears Dudek is proposing to do something more supported by measurement. In that regard, I am a little puzzled by proposed Task 1.2.b (agenda packet page 10-10), calling for

Dudek

to

evaluate

noise

in

the

Airport

Area

“
based

upon

sound

level

contour

mapping

from

the

corresponding

Airport

Land

Use

Compatibility

Plan

(ALUCP)
.”

This

seems

to

be

a

reference
to what the County calls the John Wayne Airport Airport Environs Land Use Plan (AELUP). Dudek seems not to have been informed that the contours in that plan were created in 1985, or before,

and

included

projections,

made

then,

to

the

anticipated

contours

in

2005.

The

City

has
an ongoing dispute with the OC Airport Land Use Commission as to whether the projections published in 1985 are still appropriate contours for planning purposes, and has, indeed, substituted a different set of contours in the November 14, 2023, Item 22 Noise Element revisions mentioned on page 10-2 of the staff report (prepared and adopted without GPAC input).

The

ALUC

does

not

accept

that

change,

and

rejects

submissions

based

on

them.

There

is

a

particularly

acute

disagreement

as

to

the

noise

impact

of

the

small

piston-powered

planes

that

fly

over

what

the

City

calls

the

“Airport

Area”

north

of

Bristol,

yet

no

one

seems

to

have

any

actual

measurements

to

support

their

view

of

what

the

current

situation

there

actually

is.

Assuming this item is approved, I hope staff will instruct Dudek to perform some of its long-term monitoring

(Task

1.1)

in

that

area.

I am also a little concerned about the clarity of Task 2. Although entitled “GPAC Subcommittee Coordination,”

the

unnumbered

opening

paragraph

suggests

Dudek

feels

it

has

more

than

fulfilled

its

obligation

to

attend

meetings

of

the

full

GPAC,

since

the

ones

it

has

attended

to

date

ran

longer

than

the

1-hour

anticipated

(as

future

ones

may

also).

Do

Dudek

and

staff

have

a

clear

understanding

of

how

many

additional

full

GPAC

and

GPUSC

meetings

Dudek

is

expected

to

attend?

Is

there

sufficient

budget

for

them?
As to the GPAC subcommittees, the Council may wish to know there are six subcommittees, organized

to

review

various

combinations

of

general

plan

elements,

as

well

as

one

for

the

Vision

Statement.

The

proposed

12 meetings

would

mean

Dudek

attendance

at

at

most

2 each

to

review

their

proposed

revisions,

none

of

which

have

yet

been

seen,

before

they

go

to

the

Planning

Commission

and

Council.

That

seems

possible,

but

minimal.

Does

staff

anticipate

the

possibility

of

a

need

for

additional

GPAC

subcommittee

discussion

meetings

without

Dudek

present?

421
March 25, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 Item 12. Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the

Newport

Beach

Municipal

Code

Related

to

Timeframes

for

Completion

of

Construction
As noted in my comments when this item was first introduced (and then withdrawn) on March 11, it is unusual in that the current Municipal Code cites Ordinances No. 2023-22 § 693 and 2022-26 § 1 as the source of the language presently found in NBMC Section 15.02.095, and makes no mention of Ordinance No. 2022-8, where the sunset provision resides. I concluded from this that no action was needed since neither of those ordinances makes any mention

of

the

provisions

they

added

being

subject

to

sunsetting.

But

perhaps

action

is

needed,

since

neither

seems

to

have

explicitly

repealed

the

uncodified

parts

Ordinance

No.

2022-8.

Assuming the April 21, 2025, sunsetting provision in Ordinance No. 2022-8 is still operative, it would

appear

the

present

ordinance

repealing

it

will

not

be

adopted

until

a

second

reading

on

April

15,

and

will

not

become

effective

until

30 days

later,

on

May

15. What will happen to projects that, under the prior code that staff believes will be restored for the 24 days

from

April

21 to

May

15,

would

need

to

file

for

an

extension

during

that

time?

Item XIII.A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS This item involving three non-City-owned properties with no explanation of what the City’s interest

in

them

might

be,

also

seems

rather

unusual.

One of the properties, the former Balboa Theatre at 707 E. Balboa Blvd., the City formerly owned

and

sold.

What

happened

to

that

new

owner’s

plans?

Is

the

City

considering

buying

it

back?

Another, at 12 Corporate Plaza Drive, is the subject of an active Preliminary Application, PA2025-0017, for 38 residential units in an 85-foot high tower. Is the City contemplating becoming a partner in the development? And the remaining one, at 3848 Campus Drive, has been the subject of prior closed session agendas, such as on January 28, and also seems to have a pending application, PA2023-0145, to construct a private self-storage facility on the site. What became of those?

422

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 25, 2025
Agenda Item No. 11
ABSTRACT:

State Government Code Section 65400 mandates that the City of Newport Beach prepare and submit an annual report on the status of the City’s General Plan and progress in its implementation. The Planning Commission reviewed the 2024 Annual Progress Report (APR) at its meeting on March 6, 2025. For the City Council ’s consideration is the approval and authorization to submit the report to the State of California, Department of Housing and Community Development.

RECOMMENDATIONS:
a) Find the preparation, review and s ubmission of the 202 4 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; b) Approve the 2024 General Plan Progress Report, including the Housing Element Annual Progress Report; and
c) Authorize submittal of the 202 4 General Plan Progress Report to the State Office of Land Use and Climate Innovation and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development.

DISCUSSION:
2024 General Plan Annual Progress Report
Government Code Section 65400 and the City’s General Plan Implementation Progra m Imp 1.3 require the preparation of an annual report on the status and progress of the General Plan implementation. Following City Council review, the report will be sent to the Office of Land Use and Climate Innovation (LCI), formerly the Office of Plann ing and Research (OPR), and the Department of Housing and Community Development (HCD), as required by State law. There is no standardized form or format for the preparation of the General Plan APR; however, the report format and content follows the guidanc e provided by the LCI Annual Progress Report Memo - 2024 Reporting Year and the HCD Housing Element APR Instructions (for Calendar Year 2018-2024), including the updated APR form for the Housing Element Report.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Melinda Whelan, Assistant Planner - 949-644-3221, [email protected]
TITLE: General Plan Annual Progress Report Including Housing Element Report for 2024 (PA2025-0008)
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General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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The report (Attachment A including Appendix A and Appendix B) reflects the status of the implementation measures between January 1, 2024, and December 31, 2024 (Reporting Period), and does not reflect changes or updates that may have been directed since. The Newport Beach General Plan was adopted in November 2006 pursuant to available guidelines provided by the State at that time pursuant to Government Code Section 65040.2 and consistent with Section 65400(a)(2). Since initial adoption, the City has updated the Housing and Circulation Elements in 2022, the Noise Element in 2023, and the Land Use Element in 2024. The report include a discussion of the status of each General Plan Implementation Program (Appendix A of Attachment A), a comprehensive status on each Housing Element Implementation Program (Appendix B of Attachment A), and an analysis on the degree to which the City’s existing General Plan complies with criteria identified in LCI’s General Plan Guidelines. Staff believes the City has achieved substantial progress in the implementation of the General Plan. Some of the progress is evident in completed tasks such as the comprehensive Zoning Code Update in 2010; however, most progress i s illustrated through ongoing tasks and long -term coordination efforts, with updates highlighted for 2024. The report also summarizes identified priorities for land use decision making for the reporting period.

General Plan Update

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 (Housing Element), 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 Housing Element on February 8, 2022. After several reviews and revisions with HCD, the City Council re-adopted a refreshed 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 whi le 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 f ederal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH). On October 5, 2022, HCD determined the City’s Housing Element is in full statutory compliance.

On October 25, 2022, the City C ouncil adopted an updated Circulation Element that included several refreshed 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 meetin g 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.
424
General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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In July 2023, the City contra cted with Dudek to provide consulting services on the comprehensive General Plan Update. “ Phase One” outreach for the comprehensive update to the General Plan was conducted from March 2024 to June 2024. The following are highlights of this first phase of outreach:

 Used the City Manager’s The Week in Review, as well as local papers and social media to reach residents, community members, and stakeholders;  Launched a dedicated website on March 15, 2024 – Newport, Together including an online questionnaire and interactive map to collaboratively help shape the vision for Newport Beach; and
 Hosted “pop -up” booths at six community events to raise awar eness through engaging and hearing from residents.

In addition to conducting outreach with the broader community, the City convened the GPAC subcommittees to review the “Existing Conditions and Background Analysis” reports prepared by the consultant team. The subcommittees met in January, March, April and May 2024.

“Phase Two” of outreach included four community workshops in November and December of 2024 designed to share the draft vision statement, draft guiding values, and discuss ideas to support each element. These workshops were held for the Recreation & Natural Resources; Coastal Resilience & Safety; Arts & Culture and Historical Resources; and Land Use; and Harbor, Bay and Beaches elements.

Information regarding the General Plan update efforts to date, including the initiation, evaluation, and overall process can be found on the City’s website and at Newport, Together.

Housing Element Implementation

This comprehensive general plan update effort is on a parallel track alongside the City’s implementation of the Housing Element. In November 2023, the City Council adopted an amendment to the Noise Element to adjust the policy framework surrounding housing proximate to John Wayne Airport. In July 2024, the City Council adopted an amendment to the Land Use Element to revise the necessary goals and policies to support housing production in the focus areas identified by the Housing Element. The Noise Element revisions can be found in Exhibit A of Resolution No. 2023-72 and the Land Use Element revisions can be found in Exhibit A of Resolution 2024-51.

Additionally, on September 24, 2024, the City Council adopted Zoning Code Amendments required to implement the Housing Element. Thes e amendments included adding Housing Overlays into the Zoning Code (NBMC Section 20.28.050). The details are provided below in the Policy Actions 1A through 1G Related to Housing Implementation Section of this staff report.

425
General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

11-4

2024 Housing Element Annual Progress Report

Government Code Section 65400 requires that each city, including charter cities, provide an annual progress report on the status of the Housing Element of its General Plan. HCD has provided mandatory forms (Excel spreadsheets) and definitions for the housi ng portion of the report. The forms include six large tables (Tables A through F). Due to the large size and format of the tables, only a summary of the contents of each table is provided in the attached Report. The complete forms will be made available on line at www.newportbeachca.gov/APR and they will be submitted to HCD in electronic format.

The annual report requires the City to report all housing applications submitted in 2024 including building permits (Table A in Report) and all housing applications with a net increase in units approved and finalized in 2024 (Table A2 in Report). Table B includes the number of units for which permits were issued to demonstrate progress in meeting the City’s RHNA goal. The Southern California Association of Governments (SCAG) prepared the RHNA for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region’s new housing units needs for the 2021 - 2029 planning period to be a total of 4,845 new dwelling units further broken down by income category.

Housing production towards the 6 th Cycle RHNA allocation is best summarized by Table B, which is included in the report and excerpted below.

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 8 32
Low 930 21 14 18 23 53
Moderate 1,050 1 11 13 17 25
Above
Moderate 1,409 31 7 1 33 72
Total RHNA 4,845
Total Units
Produced 66 40 43 81

230

Of the 81 permitted units contributing to RHNA, 46 units are accessory dwelling units including above -moderate, moderate - and lower -income units, and 32 of the above-moderate units and three of the very low -income units are from the 2510 West Coast Highway Mixed-Use Project that received building permits on February 22, 2024.

The Housing Element portion of the report also includes status and/or progress of implementing each Housing Element Policy Action for the Reporting Period (Appendix B of Report). Appendix B includes a detailed status report of each Housing Element Policy Action.

426
General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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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:

 In 2024, the Be Well OC Mobile Crisis Team (Be Well) operated seven days a week for 12 hours per shift, from January to the end of August. Be Well responded to mental, behavioral, and substance use crises throughout the city. The team proactively engaged the unhoused population to provide resources, shelter placements, and program referrals. Be Well had 2,825 contacts with residents, visitors, and unhoused people. Be Well transported individuals 302 times to social service, medical, and other essential appointments, or intakes. Of the 302 transports, 56 were for shelter intake appointments, 34 to crisis stabilization units for treatment, and 45 to the Be Well campus sobering station for treatment.

Be Well also reunified four people with their families.

 The City’s homeless outreach and engagement team permanently housed one person from the streets to housing. In addition, one person was housed in assisted living and four were reunified with family, from the street.

 The Costa Mesa Bridge Shelter permanently housed 11 people and reunified one person with their family. 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 the City of Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day including full wrap -around services. In 2024, the per six (per-diem) beds were used several times. There were 28 Newport Beach shelter guests for two weeks in October 2024.

 In February 2024, PATH (People Assisting the Homeless) became the City’s social service contractor. PATH placed 34 people into shelters and provided 520 contacts with the unhoused population in Newport Beach.

 In December 2024, the City ’s Police Dep artment reorganized to assign three additional officers as dedicated Homeless Liaison Officers (HLO).

 Trellis International is a Costa Mesa -based nonprofit organization that provides volunteer opportunities for individuals experiencing homelessness or ho using insecurity to learn and/or rebuild job skills and a path forward to stable employment and housing. The Public Works Department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to re-enter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and other duties. The CIT completed 114 projects in 2024.

427
General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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The outreach and engagement team had three notable perm anent housing placements in 2024. A man was unhoused for 34 years in Newport Beach. PATH and the City’s homeless liaison police officer built a rapport with him within weeks of contacting him. The man had a housing voucher and was afraid to look for apartments on his own. PATH and the officer started showing him apartments online and their proximity to public libraries.

He located an apartment he liked and moved into independent living in June 2024. PATH continues to check in with him to ensure stability an d success. Additionally, a man who experienced homelessness, living in his vehicle for several months, stayed at the Costa Mesa Bridge Shelter after working with the Be Well OC team. He moved into permanent supportive housing in September 2024 and is now a ddressing his medical needs. A woman was also reunified with her family in another state in October 2024 after staying at the Costa Mesa Bridge Shelter. She had volunteered in the Newport Beach community for 10 years and did not want to end her service. She now lives with her daughter and is building a new community for herself.

Significant Residential Development Projects with Affordable Units

Another highlight is significant residential projects that include an affordable housing component on sites iden tified as underutilized. These projects, which are at different stages of review, include: Newport Crossings Mixed -Use Project, Residences at 4400 Von Karman, Residences at Newport Airport Village, Newport Village Mixed -Use Project, 2510 West Coast Highway Mixed-Use Project, Residences at 1300 Bristol Street, Residences at 1600 Dove Street, Residences at 1401 Quail Street, Residences at 1400 Bristol Street, Residences at 1500 Quail Street, and the Placentia Avenue Apartments. Cumulatively, these projects have the potential to add 266 lower -income housing units and 36 moderate -income housing units to the city. Each of these projects are detailed in the attached report.

Policy Actions 1A through 1G Related to Housing Implementation

Immediately after the 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 an overlay zoning text for the various focus areas, and creating objective design standards. The goal was to rezone the housing opportunity sites appropriately for housing development. The City worked 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 transparent process that is representative of the community’s values.

 In July 2024, the City Council adopted an amendment to the Land Use Element to revise the necessary goals and policies to support housing production in the focus areas identified by the Housing Element. The Land Use Element’s revised policies and goals can be found in Exhibit A of Resolution 2024-51.

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General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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 On September 24, 2024, the City Council adopted Zoning Code Amendments to implement the Housing Element by p roviding the necessary zoning. These amendments included adding a Housing Opportunity (HO) Overlay Zoning District (Overlay) to the NBMC, Section 20.28.050, which provides procedures and development standards for future housing projects. The Overlay provides allowed uses, maximum dwelling unit limits for each subarea, and appropriate development standards such as height, parking, setbacks, and open sp ace requirements. The Overlay also provides a streamlined review process for projects that include a minimum of 20% of units reserved for very-low- and low-income residents, which serves to incentive the provision of affordable housing.

Properties that are located within the Overlay are identified in the maps codified in Section 20.80.025 (Housing Opportunity Overlay Zoning Districts Maps) of the NBMC and provided below:

HO-1 Airport Area Environs Area
HO-2 West Newport Mesa Area
HO-3 Dover-Westcliff Area
HO-4 Newport Center Area
HO-5 Coyote Canyon Area
HO-6 Existing_5th_Cycle_Sites

 The Zoning Code Amendment also added Section 20.48.185 (Multi-Unit Objective Design Standards to provide a baseline standard for all new multi -unit development (See the Section Policy Action 3A: Objective Design Standards).

 Lastly, the City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation Plan) to apply the new Overlay to applicable properties in the coastal zone. The City filed the amendment application on August 16, 2024, with the CCC, and received a letter from CCC staff on January 7, 2025, confirming the City’s application is complete and pending a hearing date.

Policy Actions 1H, 1I, and 1J Related to Accessory Dwelling Units (ADUs)

In 2024, 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 2024, the City began to work on revising the ADU Ordinance to comply with SB 1211 for multi-family properties, which outlines additional parking allowances, adds a definition of livable space, and additional units allowed. Amendments related to the SAFE ADU program and compliance with AB 2533 are provided below.
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General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

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 Website Enhancements: In Spring of 2023, the Community Development Department launched a 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 onl ine 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 website is updated on a regular basis, for example in 2024, updates regarding the SAFE ADU program were added. The Newport Beach ADU website is accessible at
https://www.newportbeachca.gov/adu.

 ADU Standard Plans: In late 2023 and early 2024, the City created 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 eliminat ing the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce permit processing times 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 design, and one -and-two-car-garage conversion plans. In 2024, staff worked on enhancing the standard plans page on the City’s website to include a process for architects to submit their own drawings to be reviewed as standard plans/preapproval. This effort is also being completed to comply with AB 1332 (effective January 1, 2025).

 SAFE ADU Program : Efforts began towards the end of 2023 to implement the State’s amnesty program to permit informal (unpermitted) units. The program became official in 2024, allowing concessions for qualifying units that were existing but unpermitted. Three safe ADUs were permitted, and one was in applied status (i.e. plan check) in 2 024. Additionally, the City prepared for implementation of changes to the SAFE ADU Ordinance pursuant to AB 2533 (effective 2025) changing the year for qualified units from 2018 to 2020; and allowing JADUs for SAFE ADU. However, the City’s Ordinance was a step ahead and already allowed JADUs to qualify for a SAFE ADU.

 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 fee s, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension ran through the end of 2024 and complemented other City programs intended to promote and facilitate ADU development, including website enhancements and standard plans. 430
General Plan Annual Progress Report Including Housing Element Report for 2024 March 25, 2025

11-9

In 2024, 62 ADUs were submitted for review. There were 46 ADUs that received building permits and contributed towards the RHNA; and 28 that received final inspections.

Policy Action 3A: Objective Design Standards

The Zoning Code Amendment that approved the Housing Overlays also added Section

20.48.185 (Multi-Unit Objective Design Standards to provide a minimum baseline design standard for all new multi-unit development. The objective design standards are intended to result in quality design of multi -unit residential and mixed -use development. Review under the standards supports development that builds on context, contribute s to the public realm, and provides high quality and resilient buildings and public spaces. These standards shall be applied uniformly and without discretion to enhance the built environment for both affordable and market -rate multi-unit residential development. The standards would apply to housing throughout the City that consists of a density of 20 dwelling units per acre or greater. Furthermore, the City prepared a Checklist for applicants to help streamline review of the objective design standards.

Policy Action 4A: Affirmatively Furthering Fair Housing

For Policy Action 4A (Affirmatively Furthering Fair Housing), the City intends to emphasize 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 and will participate in an update to the Orange County Regional Analysis of Impediments to Fair Housing when the next update occurs.

The City is also collaborating with neighboring jurisdictions through the Oran ge County Council of Government (OCCOG) and its Regional Early Action Planning (REAP) on-call services bench, as there is an effort to streamline various housing element implementation program actions, including AFFH efforts, regionally.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

The General Plan Progress Report, including the Housing Element Progress Report, is not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – General Plan Annual Progress Report 2024 431

Attachment A
General Plan Annual Progress Report
2024
11-10
432
City of Newport Beach
General Plan Annual
Progress Report

2024 Calendar Year

Approved For Submission

DRAFT-PENDING

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2 THIS PAGE IS INTENTIONALLY LEFT BLANK.

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City of Newport Beach General Plan 2024 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 ........ 18

6. Established priorities for land use decision-making for 2024 ........... 19

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

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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 (GP APR) was prepared using guidelines set forth by the California Office of Land Use and Climate Innovation (LCI) formerly 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 20 24 calendar year (Reporting Period) . The current Newport Be ach 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 General Plan Annual Progress Report; however, the report format and content follows the guidance provided by the APR Memo Reporting Year 2024 and the HCD APR Instructions for Calendar Year 2018-2024, including the updated APR form for the Housing Element Report.

2. Presentation and acceptance by local legislative
bodies

The annual report was presented to the City’s Planning Commission on March 6, 2025, and the City Council reviewed the report on March 25, 2025. 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.

3. General Plan Implementation

Included in the General Plan is 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 ✓
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City of Newport Beach General Plan 2024 Annual Progress Report

5 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A

5.1 Review and Revise Coastal Land Use Plan for
Consistency with the General Plan ✓

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”) ✓
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6 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A

14.13 Coordinate with United States Fish and Wildlife
Service ✓

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 ✓
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7 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A

23.3 Assess Recreation Needs ✓

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 www.newportbeachca.gov/APR.The City’s 6th Cycle Housing Element (Housing Element) was originally adopted by City Council in February 2022, subsequently revised and re -adopted on September 2022, and certified as being statutorily compliant by HCD in October 2022. Table D include s the Implementation Programs from the 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 – 2024 Housing Development Applications Submitted Unit Type Affordability By Income Total Submitted Very Low Low Moderate Above Moderate Accessory Dwelling
Units 8 31 22 1 72
Single-Family 0 0 0 106 106
Multi-Family 6 2 0 1,824 1,832
Total 14 33 22 1,931 2,000

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 d ecrease in number of units a re not reported in this table.

Table A2 Summary - 2024 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
66 Very Low -
Income

2 Low
Income

672 5 Very Low-Income
(ADU)

3 Very Low-Income
(Deed Restricted)

23 Low-Income
(ADU)

17 Moderate-Income
(ADU)
1 (ADU)

32 Units

3 Very Low-Income
(ADU)

14 Low-Income
(ADU)

10 Moderate-Income
(ADU)
21 (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 11-18
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City of Newport Beach General Plan 2024 Annual Progress Report

9 planning period to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG determined the City’s share of RHNA to be 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-income households. It is important to note that the City adopted its Housing Element and received certification in September and October 2022, respectively.

In November 2023, the City Council adopted an amendment to the Noise Element to adjust the policy framework surrounding housing proximate to John Wayne Airport. In July 2024, the City Council adopted a n amendment to the Land Use Element to revise the necessary goals and policies to support housing production in the focus areas identified by the Housing Element. The Noise Element revisions can be found in Exhibit A of Resolution No. 2023-72 and the Land Use Element revisions can be found in Exhibit A of Resolution 2024-51.

Additionally, the City Council adopted the necessary amendments to the Zoning Code required to implement the Housing Element ’s Housing Strategy . These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050). The amendments also added Section 20.48.185 (Multi-Unit Objective Design Standards to provide a minimum baseline design standard for all new multi-unit development.

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 8 32
Low 930 21 14 18 23 53
Moderate 1,050 1 11 13 17 25
Above
Moderate 1,409 31 7 1 33 72
Total
RHNA 4,845
Total
Units
Produced
66 40 43 81

412

Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall Housing Need

As noted, the City successfully rezoned all opportunity sites listed in Appendix B of the Housing Element during the Reporting Period with exception of those located in the Coastal Zone . The City’s Local Coastal Program Amendment application has been deemed filed by the California Coastal Commission’s staff and is pending a hearing date.

Table C largely reflects the data in the Housing Element’s Appendix B.

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10 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 Policy Action for the Reporting Period. Appendix B includes a detailed status report of each Housing Element Program. Some highlights of the implementation in 2024 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:

• In 2024, the Be Well OC Mobile Crisis Team (Be Well) operated seven days a week for 12 hours per shift, from January to the end of August. Be Well responded to mental, behavioral, and substance use crises throughout the City. The team proactively engaged t he unhoused population to provide resources, shelter placements, and program referrals. Be Well had 2,825 contacts with residents, visitors, and unhoused people. Be Well transported individuals 302 times to social service, medical, and other essential appo intments, or intakes. Of the 302 transports, 56 were for shelter intake appointments, 34 to crisis stabilization units for treatment, and 45 to the Be Well campus sobering station for treatment. Be Well also reunified four people with their families.

• The City’s homeless outreach and engagement team permanently housed one person from the streets to housing. One person was housed in assisted living and four were reunified with family from the street.

• The Costa Mesa Bridge Shelter services permanently housed eleven people and reunified one person with their family. 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 the City of Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day including full wrap-around services. In 2024, the per six (per-diem) beds were used several times. There were 28 Newport Beach shelter guests for two weeks in October 2024.

• In February 2024, PATH (People Assisting the Homeless) became the City’s social service contractor. PATH placed 34 people into shelters and provided 520 contacts with the unhoused population in Newport Beach.

• In December 2024, the City Police Department reorganized to assign three officers dedicated as Homeless Liaison Officers (HLO).

• 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 11-20
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City of Newport Beach General Plan 2024 Annual Progress Report

11 and housing. The Public 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 114 projects in 2024.

• The outreach and engagement team had three notable permanent housing placements in 2024. A man was unhoused for 34 years in Newport Beach. PATH and the City’s homeless liaison police officer built a rapport with him within weeks of contacting him. The man had a housing voucher and was afraid to look for apartments on his own. PATH and the officer started showing him apartments online and their proximity to public libraries. He located an apartment he liked and moved into independent living in June 2024. PATH continues to check in with him to ensure stability and success. A man who experienced homelessness, living in his vehicle for several months, stayed at the Costa Mesa Bridge Shelter after working with the Be Well team. He moved into permanent supportive housing in September 2024 and is now addressing his medical needs. A woman was reunified with her family in another state in October 2024 after staying at the Costa Mesa Bridge Shelter. She volunteered in the Newport Beach community for 10 years and did not want to end her service. She now lives with her daughter and is building a new community for herself.

Significant Residential Development Projects with Affordable Units

The City has significant projects on sites identified as underutilized with activity during the Reporting Period:

• Newport Crossings Mixed -Use (1660 Dove St reet) – 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 approved and permit-ready. Permit issuance has been delayed due to pending private litigation.

• 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 request 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 . A final extension was granted until January 26, 2026.
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12 • Residences at Newport Airport Village (4540, 4570, 4600, and 4630 Campus Drive, 4525, 4533, and 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 of the 444 units in a six- story apartment building including 37 very low-income affordable units.

Approved by the Planning Commission on April 18, 2024, and effective on May 3, 2024. The applicant intends to submit building permit plans in July 2025 and pull permits in early 2026.

• 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 application was resubmitted in 2022 and deemed incomplete in August 2024 . Project review by the Planning Commission is anticipated in calendar year 2025.

• 2510 West Coast Highway Mixed-Use– 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 building 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 project. Permits were issued for the project on February 22, 2024, and is currently under construction.

• 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 11-22
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City of Newport Beach General Plan 2024 Annual Progress Report

13 payment. The project received entitlement approvals in March 2022, and is currently within the plan check process.

• Residences at 1600 Dove Street – Project includes the initial entitlements for future development of 282 units (inclusive of 94 density bonus and 49 units via GPA). 254 of the units would be market rate and 28 would be affordable (likely to be very low-income and will be confirmed with future AHIP). The project was approved by the City Council on September 9, 2024.

The Applicant would apply for the project specific entitlements (e.g. site development review) sometime in the next few years.

• Residences at 1401 Quail Street –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 approved the project on April 9, 2024. The project is currently in plan check review.

• 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 approved an override of the Airport Land Use Commission (ALUC) and final approval of the project on April 23, 2024. The demolition permit was approved and finaled in 2024, but no other plans submitted. Applicant is planning to submit building permit plans in March 2025 and pull permits by December 2025.

• Residences at 1500 Quail Street – A housing development project for 474 apartment units, including two (stacked) 50% density bonuses for a total of 100% density bonus in exchange for 36 moderate income units and 36 very low-income units. Project includes 5,077 sf of retail on the ground floor. The application was deemed incomplete in October 2024.

• 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 project was scheduled for the Zoning Administrator hearing in January 2025 and approved.

Policy Actions 1A-1G: Focus Area Amendments for Housing Implementation

Immediately after the Housing Element’s adoption in September 2022, the City began efforts to implement the housing strategy. This predominantly included analyzing the 11-23
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14 General Plan Land Use Element for necessary amendments needed for consistency, drafting an overlay zoning text for the various focus areas, and creating objective design standards. The goal was to rezone the housing opportunity sites appropriately for housing development. The City worked 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 transparent process that is representative of the community’s values.

In July 2024, the City Council adopted a General Plan Amendment to revise the necessary goals and policies within the City’s Land Use Element to support housing production in the focus areas identified by the Housing Element. The Land Use Element revised policies and goals can be found in Exhibit A of Resolution 2024-51.

On September 24, 2024, the City Council adopted Zoning Code Amendments to implement the Housing Element by providing the necessary zoning. These amendments included adding a Housing Opportunity (HO) Overlay Zoning District (“Overlay”) to the NBMC, Section 20.28.050, which provides procedures and development standards for future housing projects. The Overlay provides allowed uses, maximum dwelling unit limits for each subarea, and appropriate development standards such as height, parking, setbacks, and open space requirements. The Overlay also provides a streamlined review process for projects that include a minimum of 20 percent of units reserved for very low- and low-income households, which serves to incentive the provision of affordable housing through certainty and streamlined review.

Properties that are located within the Overlay are identified in the maps codified in Section

20.80.025 (Housing Opportunity Overlay Zoning Districts Maps) of the NBMC and provided below:

HO-1 Airport Area Environs Area
HO-2 West Newport Mesa Area
HO-3 Dover-Westcliff Area
HO-4 Newport Center Area
HO-5 Coyote Canyon Area
HO-6 Existing_5th_Cycle_Sites

The Zoning Code Amendment also added Section 20.48.185 (Multi-Unit Objective Design Standards to provide a minimum baseline design standard for all new multi -unit development (See the Section Policy Action 3A: Objective Design Standards).

Lastly, the City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation Plan) to apply the new Overlay to applicable properties in the coastal zone. The amendment is currently under review by the CCC.

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City of Newport Beach General Plan 2024 Annual Progress Report

15 Policy Actions 1H, 1I, and 1J: Accessory Dwelling Units

In 2024, 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 2024, the City began to work on revising the ADU Ordinance to comply with SB1211 for multi-family properties, which outlines additional parking allowances, adds a definition of livable space, and additional units allowed. Amendments related to the SAFE ADU program and compliance with AB2533 are provided below.

• Website Enhancements: In Spring of 2023, the Community Development Department launched a 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 downlo adable 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 website is updated on a regular basis, for example in 2024 updates regarding the SAFE ADU program were added.

The Newport Beach ADU website ca n be reached at
https://www.newportbeachca.gov/adu.

• ADU Standard Plans: In late 2023 and early 2024, the City created 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 eliminat ing the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce permit processing times 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 design, and one -and-two-car-garage conversion plans. In 2024, staff worked on enhancing the standard plans page on the City’s website to inc lude a process for architects to submit their own drawings to be reviewed as standard plans/preapproval. This effort is also being completed to comply with AB1332 (effective January 1, 2025).

• SAFE ADU Program : Efforts began towards the end of 2023 to implement the State’s amnesty program to permit informal (unpermitted) units. The program became official in 2024, allowing concessions for qualifying units that were existing but unpermitted. Three safe ADUs were permitted, and one was in applied status 11-25
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16 (i.e. plan check) in 2024. Additionally, the City prepared for implementation of changes to the SAFE ADU Ordinance pursuant to AB2533 (effective 2025) changing the year for qualified units from 2018 to 2020; and allowing JADUs for SAFE ADU. However, the City’s Ordinance was a step ahead and already allowed JADUs to qualify for a SAFE ADU.

• 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 ran through the end of 2024 and complemented other City programs intended to promote and facilitate ADU development, including website enhancements and standard plans.

In 2024, 62 ADUs were submitted for review. There were 46 ADUs that received building permits and contributed towards RHNA; and 28 that received final inspections.

Policy Action 3A: Objective Design Standards

The Zoning Code Amendment that approved the Housing Overlays also added Section

20.48.185 (Multi -Unit Objective Design Standards to provide a minimum baseline designed standard for all new multi-unit development. The objective design standards are intended to result in quality design of multi -unit residential and mixed-use development.

Review under the standards supports development that builds on context, contributes to the public realm, and provides high quality and resilient buildings and public spaces.

These standards shall be applied uniformly and without discretion to enhance the built environment for both affordable and market -rate multi-unit residential development. The standards would apply to housing throughout the City that consists of density of 20 dwelling units per acre or greater. Furthermore, the City prepared a Checklist for applicants to help streamline review of the objective design standards.

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 202 4, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $95,545.59. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement, and roof repairs. To date, the program has used $ 476,222.96 for a total of 20 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 Bonus Law, a commercial developer may be eligible for an increase in floor area, height, or other development 11-26
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17 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 2024.

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 2024.

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 did not have any relevant transactions.

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 August 22, 2024, the City entered into an Exclusive Negotiating Agreement which establishes a period of time during which the City will cooperate with a selected developer to refine the scope and terms of a lease agreement for a proposed project to redevelop a portion of the City -owned property located at 829 Harbor Island Drive, Newport Beach [APN 050 -210-02]. The anticipated lease premises contains approximately 17,500 square feet of land and was therefore declared “exempt surplus land” by the City Council of the City of Newport Beach at its regular meeting on July 23, 2024, in compliance with SS 54221(b)(4) of the California Surplus Land Act (Government Code SS54222).

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 2024.

Table K Summary - Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 70 61 (SB 649, 2022, Cortese). Effective January 1, 2023, local 11-27
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18 governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

This table does not apply for this Reporting Period because the City does not have a local tenant preference.

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 53 times, including three major Housing Element updates (2007 , 2014, and 2022 ). The OPR published General Plan Guidelines pursuant to Government Code Se ction 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 identified throu gh 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.

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 complet e 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. In July of 2023, the City entered into an agreement with Dudek for consulting services on the comprehensive General Plan Update.

The August 2024 General Plan Update Technical Diagnostic Memo, prepared by Dudek, analyzes the General Plan against State and Federal requirements. While it largely 11-28
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19 complies, several required elements need updating. Two primary shortcomings are as follows:

• 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.

The City is currently undertaking a comprehensive General Plan update discussed more below in Section 6. of this report.

6. Established priorities for land use decision-making
for 2024

In 2024, priorities on amendments and policies included the following and the status of each can be found in the referenced Implementation Programs in Appendix A:

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 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 Housing Element on February 8, 2022. After several reviews and revisions with HCD, the City Council re-adopted a refreshed 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 11-29
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20 housing (AFFH). On October 5, 2022, HCD determined the Housing Element is in full statutory compliance.

On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed 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.

In July 2023, the City contracted with Dudek to provide consulting services on the comprehensive General Plan Update. “Phase One ” outreach for the comprehensive update to the General Plan was conducted from March 2024 to June 2024. The following are highlights of this first phase of outreach:

• Used the City Manager’s The Week In Review, as well as local papers and social media to reach residents, community members, and stakeholders; • Launched a dedicated website on March 15, 2024 – Newport, Together including an online questionnaire and interactive map to collaboratively help shape the vision for Newport Beach; and
• Hosted “pop -up” booths at six community events to raise awareness through engaging and hearing from residents.

In addition to conducting outreach with the broader community, the City convened the GPAC subcommittees to review the “ Existing Conditions and Background Analysis” reports prepared by the consultant team . The subcommittees met in January, March, April, and/or May 2024.

“Phase Two ” of o utreach included four community workshops in November and December of 2024 designed to share the draft vision statement, draft guiding values, and discuss ideas to support each element. These workshops were held for the Recreation & Natural Resources; Coastal Resilience & Safety; Arts & Culture and Historical Resources; and Land Use; and Harbor, Bay and Beaches elements.

Information regarding the General Plan update efforts to date, including the initiation, evaluation, and overall process can be found on the City’s website and at Newport, Together.

This effort is on a parallel track alongside the City’s Housing Element implementation. In November 2023, the City Council adopted an amendment to the Noise Element to adjust the policy framework surrounding housing proximate to John Wayne Airport. In July 2024, 11-30
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City of Newport Beach General Plan 2024 Annual Progress Report

21 the City Council adopted an amendment to the Land Use Element to revise the necessary goals and policies to support housing production in the focus areas identified by the Housing Element. The Noise Element revisions can be found in Exhibit A of Resolution No. 2023-72 and the Land Use Element revisions can be found in Exhibit A of Resolution 2024-51.

On September 24, 2024, the City Council adopted Zoning Code Amendments to implement the 6th Cycle of the Housing Element by providing the necessary zoning. These amendments included adding a Housing Opportunity (HO) Overlay Zoning District (“Overlay”) to the NBMC, Section 20.28.050, which provides procedures and development standards for future housing projects. The Overlay provides allowed uses, maximum dwelling unit limits for each subarea, and appropriate development standards such as height, parking, setbacks, and open space req uirements. The Overlay also provides a streamlined review process for projects that include a minimum of 20 percent of units reserved for very low- and low-income residents, which serves to incentive the provision of affordable housing by providing certainty and streamlined review . See previous Section Policy Actions 1A -1G: Focus Area Amendments for Housing Implementation for additional details.

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. The following are three highlights that help substantiate this.

• In November 2024, as discussed in detail in the previous section, the City Council adopted Zoning Code Amendments required for implementation of the Housing Element. These amendments included adding Housing Overlays into the Zoning Code and objective design standards to provide a baseline standard for all new multi-unit development. See the previous section for more details.

• Additionally, Part A Amendment (update to the Accessory Dwelling Unit (ADU) provisions to further incentivize ADU construction and incorporate revisions necessary to comply with 2022 ADU legislation) of a three -part LCP Amendment (LCP-5-NPB-23-0019-1) was approved by the California Coastal Commission with suggested modifications on July 11, 2024, approved by City Council on November 12, 2024, and the Environmental Determination was submitted on November 18, 2024.

• Lastly, the City launched a comprehensive land use and mobility study (Study) to consider ways to enhance and improve the Corona del Mar (CdM) commercial corridor. When completed in Spring 2025, the Study will identify strategies and provide recommendations to help create a successful, vibrant, lively, walkable and connected “main street” destination. The objectives of the study include implementing parking solutions that balance all users. This includes identifying 11-31
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22 parking solutions that balance the needs of visitors, employees, business owners, and residents while reducing the burden on individual businesses. The Study will consider opportunities to enhance access to existing parking lots, identify potential sites for new parking facilities, and explore new technologies that can assist in parking management and help anticipate future trends in transportation and mobility.

Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) Update Related to Accessory Dwelling Units (Implementation Program 8.2)

Refer to the discussion on page 15 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 . More than 20 unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor.

Three additional vessels were removed at the City’s expense and the City is attempting to recover costs from the registered owners. • A vessel abandoned in the harbor with significant liens on it was arrested and will undergo further disposition in 2025. The last time the City had to arrest a vessel was in 2016 before the Harbor Department was formed. • The Southern California Unified Marine Working Group was established and convened by the Harbor Department. The group includes representatives from more than 20 harbors in Southern California as well as representatives from CA Division of Boating and Waterways and the CA Department of Fish and Wildlife. To date, the group has identified, recovered and returned one vessel reported as stolen and was able to more quickly respond to situations involving three other abandoned vessels.
• Code enforcement efforts continued to be a significant focus in the calendar year 2024 and specifically focused on the following:
o Noise and other nuisance conditions during night and early morning hours;
o Navigation lighting enforcement; and
o Dye-tabbing of visiting vessels, live -aboard permittees, mooring sub - permittees.
• Continued monitoring, testing and repair when necessary, of the vessel sanitation system pump -out equipment at the five City -owned pump -out facilities.
• Conducted safety and water quality training drills independently as well as in collaboration with the California National Guard Marine Command and the CA Department of Fish and Wildlife Office of Spill Response.

Regulation and transfer of mooring permit applications and titles:

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City of Newport Beach General Plan 2024 Annual Progress Report

23 • The new Mooring License program was implemented. All 16 moorings in the program are licensed and there is a waiting list of more than 80 people. A seventeenth mooring was added to the program and has also been licensed.

• The application for a pilot project to reorganize and optimize the utilization of the C-Mooring Field was submitted and was deemed complete by the California Coastal Commission (CCC) on July 19, 2024. Staff worked extensively with CCC staff addressing concerns, and ultimately received a positive staff recommendation in support of the project. Unfortunately, the CCC denied the project at the February 2025 hearing due to public comments raised regarding safety and liability.

Maintaining Up-to-Date Comprehensive Database (Implementation Program 10.1)

The City’s Geographical Information System (GIS) data is updated 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 services, 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 input s 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 General 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 11-33
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24 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 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.

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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 2024, the City Council confirmed that the Fiscal Year 2024-25 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 of 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.

The City continued to focus its efforts, which ultimately led to City Council’s initial adoption of the Housing Element on February 8, 2022. After several reviews and revisions with HCD, the City Council re-adopted a refreshed 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 Housing Element is in full statutory compliance.

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On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed 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.

In July 2023, the City contracted with Dudek to provide consulting services on the comprehensive General Plan Update. “Phase One” outreach for the comprehensive update to the General Plan was conducted from March 2024 to June 2024. The following are highlights of this first phase of outreach:

• Used the City Manager’s The Week In Review, as well as local papers and social media to reach residents, community members, and stakeholders;
• Launched a dedicated website on March 15, 2024 – Newport, Together including an online questionnaire and interactive map to collaboratively help shape the vision for Newport Beach; and • Hosted “pop -up” booths at six community events to raise awareness through engaging and hearing from residents.

In addition to conducting outreach with the broader community, the City convened the GPAC subcommittees to review the “Existing Conditions and Background Analysis” reports prepared by the consultant team. The subcommittees met in January, March, April, and/or May 2024.

“Phase Two” of outreach included four community workshops in November and December of 2024 designed to share the draft vision statement, draft guiding values, and discuss ideas to support each element. These workshops were held for the Recreation & Natural Resources; Coastal Resilience & Safety; Arts & Culture and Historical Resources; and Land Use; and Harbor, Bay and Beaches elements.

Information regarding the General Plan update efforts to date, including the initiation, evaluation, and overall process can be found on the City’s website and at Newport, Together.

Lastly, the City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation 11-36
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Plan) to apply the new Overlay to applicable properties in the coastal zone. The City filed the amendment application on August 16, 2024, with the CCC, and received a letter from CCC staff on January 7, 2025, confirming the City’s application is complete and pending a hearing date.

1.3 Prepare Annual
General Plan
Progress and
Housing Element
Implementation
Reports
Ongoing – 2023 report completed and submitted; 2024 report pending

The Annual Report for 2023 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 2024. Implementation Program 1.3 also states that that the report must specify the degree to which the General Plan complies with the General Plan 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 69 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 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. See Program 1.2 for update.

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. In July 2024, the City Council adopted a General Plan Amendment to revise the necessary goals and policies within the City’s Land Use Element to support housing production in the focus areas identified by the 6 th Cycle Housing Element. The Land Use Element revised policies and goals can be found in the Resolution 2024-51 in Exhibit A.

On September 24, 2024, the City Council adopted Zoning Code Amendments to implement the Housing Element by providing the necessary zoning. These amendments included adding a Housing Opportunity (HO) Overlay Zoning District (Overlay) to the NBMC , Section 20.28.050, which provides procedures and development standards for future housing projects. The Overlay provides allowed uses, maximum dwelling unit limits for each subarea, and appropriate development standards such as height, parking, setbacks, and open space requirements. The Overlay also provides a streamlined review process for projects that include a minimum of 20 percent of units reserved for 11-37
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very-low- and low-income residents, which serves to incentive the provision of affordable housing.

Properties that are located within the Overlay are identified in the maps codified in Section 20.80.025 (Housing Opportunity Overlay Zoning Districts Maps) of the NBMC and provided below:

HO-1 Airport Area Environs Area
HO-2 West Newport Mesa Area
HO-3 Dover-Westcliff Area
HO-4 Newport Center Area
HO-5 Coyote Canyon Area
HO-6 Existing_5th_Cycle_Sites
The Zoning Code Amendment that approved the Housing Overlays also added Section 20.48.185 (Multi-Unit Objective Design Standards to the NBMC, to provide a baseline set of objective standards that would apply to all new multi-unit development consisting of at least 20 dwelling units per acre. Furthermore, the City prepared a Checklist for applicants to help streamline review of the objective design standards.

After the City completes its comprehensive update to the General Plan, the Zoning Code will be updated to ensure any inconsistencies between the updated General Plan and the Zoning Code are resolved.

3.1 Preparation of New
Specific Plans

Pending in 2024

Within the Airport Area, Uptown Newport and Koll Center elected to meet their “regulatory plan” 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. The City has also launched a comprehensive land use and mobility study (Study) to consider ways to enhance and improve the Corona del Mar (CdM) commercial corridor. When completed in Spring 2025, the Study will identify strategies and provide recommendations to help create a successful, vibrant, lively, walkable and connected “main street” destination. 11-38
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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
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 Zone, the City prepares necessary amendments to the CLUP. The General Plan amendment is held in abeyance until the corresponding CLUP amendment is certified by the California Coastal Commission (CCC) and accepted by the City Council.

On August 16, 2024, t he City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation Plan) to apply the new Overlay to applicable properties in the coastal zone. The amendment is currently under review by the CCC.

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. The next updates will be in 2025 and effective in 2026.

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 , but the City will explore opportunities to revise the ordinance.
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7.3 Review and Update
Transportation
Demand Ordinance
Complete

The Transportation Demand Management Ordinance was reviewed and updated as a part of the comprehensive 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 Plan 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 Measure 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, 20+ unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor. Three additional vessels were removed at the City’s expense and the City is attempting to recover costs from the registered owners.
• A vessel abandoned in the harbor with significant liens on it was arrested and will undergo further disposition in 2025. The last time the City had to arrest a vessel was in 2016 before the Harbor Department was formed.
• The Southern California Unified Marine Working Group was established and convened by the Harbor Department. The group includes representatives from more than 20 harbors in Southern California as well as representatives from CA Division of Boating and Waterways and the CA Department of Fish and Wildlife. To date, the group has identified, recovered and returned one vessel reported as stolen and was able to more quickly respond to situations involving three other abandoned vessels • Code enforcement efforts continued to be a significant focus in the calendar year 202 4 and specifically focused on noise and other nuisance conditions during night and early morning hours ; n avigation lighting enforcement; and dye-tabbing of visiting vessels, live-aboard permittees, mooring sub-permittees. • Continued monitoring, testing and repair of the vessel sanitation system pump-out equipment at the five City- owned pump-t facilities, when necessary.
• Conducted safety and water quality training drills independently as well as in collaboration with the California National Guard Marine Command and the CA Department of Fish and Wildlife Office of Spill Response

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7 Programs Status
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 License program was implemented. All 16 moorings in the program are licensed and there is a waiting list of more than 80 people. A 17th mooring was added to the program and has also been licensed.
• The application for a pilot project to reorganize and optimize the utilization of the C -Mooring Field was submitted and deemed complete by the California Coastal Commission (CCC) on July 19, 2024. Staff worked extensively with CCC staff addressing concerns and ultimately received a positive staff recommendation in support of the project. Unfortunately, the CCC denied the project at the February 2025 hearing due to public comments raised regarding safety and liability.

C) Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual impacts – Current City Council approved Harbor Standards, state that the bulkhead height is required to be 10 feet Mean Lower Low Water (MLLW). On March 23, 2021, the City Council approved updated Waterfront Project Design Guidelines and Standards, Harbor Design Criteria Commercial & Residential Facilities. The guidelines require that any structure permitted within the years 2021 through 2025 must have a minimum bulkhead elevation of 10.9 feet (NAVD 88) with a design for adaptability elevation of 14.4 feet (NAVD 88).

D) Standards and policies specified by the Noise Element to protect sensitive noise receptors, residents and businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries, special events, charter and entertainment boats, and similar sources – Reviewed and implemented on an ongoing basis through project review consistent with the Airport Land Use Environs Plan (AELUP) , by Code Enforcement, Harbormaster’s Office, and building inspectors. In 2023, the City adopted amendments to the Zoning Code and General Plan related to noise in the airport area, which were necessary to implement the 6th Cycle Housing Element.

The amendments included adding regulations to Section 20.30.080 (Noise) of the NBMC that would serve to protect sensitive noise receptors from potential airport noise.

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 specifically recommended (sections from the Implementation Measure are italicized):

A) A “commercial-residential” interface ordinance that regulates use, activity, and design of commercial properties located on shallow parcels directly abutting residential neighborhoods - The Zoning Code includes development standards that address the commercial and residential interface to minimize potential land conflicts. 11-41
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B) Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to assure that they complement the character of existing development; these may be applied to specific neighborhoods or citywide – 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 apply to 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 buildings and/or properties; this shall be developed in consideration of guidelines published by the State Historic Preservation Office – Staff continues to review projects subject to the California Environmental Quality Act (CEQA) to address historic preservation. An ordinance has not been prepared at this time due to competing priorities and staff resources.

D) An ordinance managing parking in commercial and mixed -use corridors and districts characterized by deficient parking; this may provide for the establishment of parking districts in which new parking may be developed in public or private shared facilities or structures or other facilities, as well as procedures for the funding of these improvements – The City has launched a comprehensive land use and mobility study (Study) to consider ways to enhance and improve the Corona del Mar (CdM) commercial corridor. When completed in Spring 2025, the Study will identify strategies and provide recommendations to help create a successful, vibrant, lively, walkable and connected “main street” destination. The objectives of the study include implementing parking solutions that balance all users. This includes identifying parking solutions that balance the needs of visitors, employees, business owners, and residents while reducing the burden on individual businesses. The Study will consider opportunities to enhance access to existing parking lots, identify potential sites for new parking facilities, and explore new technologies that can assist in parking management and help anticipate future trends in transportation and mobility.

Also 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 their local 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. 11-42
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In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing crisis.

The Legislature approved, and the Governor signed SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other 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 Government Code Sections 65852.2 and 65852.22. In addition, on April 10, 2020, staff submitted amendments to NBMC Title 21 (Implementation Plan of the Local Coastal Program) to the California Coastal Commission incorporating the revised ADU regulations. During this reporting period, the City continued to pursue amendments to Title 21 with the California Coastal Commission. Part A Amendment (update to the Accessory Dwelling Unit (ADU) provisions to further incentivize ADU construction and incorporate revisions necessary to comply with 2022 ADU legislation ) of a three-part LCP Amendment (LCP -5-NPB-23-0019-1) was approved by the California Coastal Commission with suggested modifications on July 11, 2024, and approved by City Council on November 12, 2024.

In 2024, 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 2024, the City began to work on revising the ADU Ordinance to comply with SB1211 for multi -family properties, which outlines additional parking allowances, adds a definition of livable space, and additional units allowed. Amendments related to the SAFE ADU program and compliance with AB2533 are provided below.

• Website Enhancements: In Spring of 2023, the Community Development Department launched a 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 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 website is updated on a regular basis, for example in 2024 updates regarding the SAFE ADU program were added. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu.

• ADU Standard Plans: In late 2023 and early 2024, the City created its ADU Standard Plans program 11-43
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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 permit processing times 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 design, and one -and-two-car-garage conversion plans. In 2024, staff worked on enhancing the standard plans page on the City’s website to include a process for architects to submit their own drawings to be reviewed as standard plans/preapproval. This effort is also being completed to comply with AB1332 (effective January 1, 2025).

• SAFE ADU Program : Efforts began towards the end of 2023 to implement the State’s amnesty program to permit informal (unpermitted) units. The program became official in 2024, allowing concessions for qualifying units that were existing but unpermitted. Three safe ADUs were permitted, and one was in applied status (i.e. plan check) in 2024. Additionally, the City prepared for implementation of changes to the SAFE ADU Ordinance pursuant to AB2533 (effective 2025) changing the year for qualified units from 2018 to 2020; and allowing JADUs for SAFE ADU. However, the City’s Ordinance was a step ahead and already allowed JADUs to qualify for a SAFE ADU.

• 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 ran through the end of 2024 and will complement other new City programs intended to promote and facilitate ADU development, including website enhancements and standard plans.

The City continues to closely monitor changes in State legislation and strives to keep the NBMC up to date.

Specifically, in 202 4, the City continues to implement updates Title 20 to reflect changes in State law regarding accessory dwelling units.

9.1 Review City Council
Policy Manual for
Consistency with the
General Plan
Ongoing

In 2024, the following City Council Policies were reviewed and amended: F-1 (2024-21); A-1, A-2, D-1, D-5 (2024- 31); F-2 (2024-39); and F-1 (2024-78)
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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)
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 seismic, fire, police, public works, parking, street and utilities. New layers are added whenever necessary and appropriate.

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 for site -specific information or compiled to provide information by any geography needed, from a single lot to a neighborhood to statistical area and citywide. The land use data is available by Statistical Area as directed by the General Plan. The data is currently being used to update the land use portion of the Newport Beach Traffic Model (NBTAM).

As required by Section 423 of the City Charter, the Planning Division tracks increases in development limits approved by General Plan amendments (GPA) for a period of 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

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 to the General Plan. The policies are implemented by Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and the North Newport Center Planned Community Development 11-45
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Plan. The transfer of development tables is 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.

12.1 Evaluate Fiscal
Benefits of Large
Development
Proposals and
Annexations
Ongoing

The City continues to examine the fiscal 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 Development 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, sales taxes, and other taxes, as well as a variety of user charges and fees. The output from the fiscal impact model can be modified to address these circumstances for each individual project and the fiscal year the project is proposed. In 2025, maintenance of the fiscal impact model will be transferred to a new consultant, Keyser Martson Associates, Inc.

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 General Plan. In 202 4, the City completed negotiations on several development agreements including 1600 Dove Street, 1400 Bristol Street, and 20 Corporate Plaza. Additionally, the City initiated negotiations on two other projects including the North Newport Center Planned Community Amendment and the Saunders Self Storage Project.
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14.1 Adjoining Cities
(“Borders
Committees” to
collaborate with the
cities of Irvine,
Huntington Beach,
and Costa Mesa)

Ongoing

The City continues to provide robust assistance to those who are unhoused in the community. For this reporting period, the following was accomplished:

• In 2024, the Be Well OC Mobile Crisis Team (Be Well) operated seven days a week for 12 hours per shift, from January to the end of August. Be Well responded to mental, behavioral, and substance use crises throughout the City. The team proactively engaged the unhoused population to provide resources, shelter placements, and program referrals. Be Well had 2,825 contacts with residents, visitors, and unhoused people. Be Well transported individuals 302 times to social service, medical, and other essential appointments, or intakes. Of the 302 transports, 56 were for shelter intake appointments, 34 to crisis stabilization units for treatment, and 45 to the Be Well campus sobering station for treatment. Be Well also reunified four people with their families.

• The City’s homeless outreach and engagement team permanently housed one person from the streets to housing. One person was housed in assisted living and four were reunified with family from the street.

• The Costa Mesa Bridge Shelter services permanently housed eleven people and reunified one person with their family. 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 the City of Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day including full wrap -around services. In 2024, the per six (per - diem) beds were used several times. There were 28 Newport Beach shelter guests for two weeks in October 2024.

• In February 2024, PATH (People Assisting the Homeless) became the City’s social service contractor. PATH placed 34 people into shelters and provided 520 contacts with the unhoused population in Newport Beach.

• In December 2024, the City Police Department reorganized to assign three officers dedicated as Homeless Liaison Officers (HLO).

• 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 Public 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 11-47
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trimming and removal, and more. The CIT completed 114 projects in 2024.

• The outreach and engagement team had three notable permanent housing placements in 2024. A man was unhoused for 34 years in Newport Beach. PATH and the City’s homeless liaison police officer built a rapport with him within weeks of contacting him. The man had a housing voucher and was afraid to look for apartments on his own. PATH and the officer started showing him apartments online and their proximity to public libraries. He located an apartment he liked and moved into independent living in June 2024. PATH continues to check in with him to ensure stability and success. A man who experienced homelessness, living in his vehicle for several months, stayed at the Costa Mesa Bridge Shelter after working with the Be Well team. He moved into permanent supportive housing in September 2024 and is now addressing his medical needs. A woman was reunified with her family in another state in October 2024 after staying at the Costa Mesa Bridge Shelter. She volunteered in the Newport Beach community for 10 years and did not want to end her service. She now lives with her daughter and is building a new community for herself.

14.2 Coordinate with
School Districts
Ongoing

Staff works with Newport Mesa Unified School District, Santa Ana Unified School District, and Coast Community College District (“School Districts”) on the identification and acquisition of potential 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 permits 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 conservation, environmental quality, management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans on an as-needed basis.

14.4 Coordinate with
Orange County
Transportation
Authority (OCTA)
Ongoing

The Deputy Public Works Director /City Engineer is on the Technical Advisory Committee (TAC), which meets monthly and consists of most of the Public Works Directors in Orange County, to discuss and make recommendations to the OCTA and its board on the allocation of funding. Additionally, Staff attends OCTA Traffic 11-48
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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 2024 General Plan Annual Progress Report, including the Housing Element Report, w ill be sent to HCD in April 2025.

14.6 Coordinate with
California Coastal
Commission
Ongoing

• 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 Engineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California Department of Fish and Wildlife. Project is scheduled to be advertised for bid in April 2025 with construction start in September 2025. Project is expected to be substantially complete by May 2026. CEQA has been completed, and all permits have been obtained. Under an agreement currently in preparation with the California Department of Fish and Wildlife, City will manage the construction and pay the contractor. City will be reimbursed from grants funds awarded the project. The project is estimated to cost seven million dollars.

• Planning and Public Works staff routinely communicate directly 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 2024:

o On December 9, 2022, the 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 Implementation Plan (IP) of the City’s certified Local Coastal Program to incorporate standards and establish an approval process for considering density bonuses with housing development projects. These amendments are required to ensure the City’s regulations are in compliance with State law; Part B) Amend development limit to increase the maximum gross floor area allowed on the Lido House Hotel site from 103,470 square feet to 118,573 square feet and delete references to fire station; and Part C) Clarifying development allowances for residential uses that are nonconforming due to density and reinstating a side setback allowance 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 zoning districts.

Part A Amendment - approved with suggested mod ifications on April 12, 2024. Approved by City 11-49
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Council on September 24, 2024. Part B Amendment - approved by the California Coastal Commission on February 8, 2024. The next step is to schedule the City Council meeting to adopt the Ordinance after lease agreement is finalized. Part C Amendment - approved by the California Coastal Commission on May 8, 2024. The City Council approved on October 8, 2024.

o On April 11, 2023, the City received a letter from the California Coastal Commission requiring the installation of protection fencing and monthly bird monitoring. The fence was installed mid November 2023 along with informative signs on the fence. Since then, the City has complied with the cease and desist order. The City consults with Glenn Lukos Associates to conduct bi -monthly monitoring of the plovers during the monitoring season (July through March). The City reports back to the Coastal Commission on a monthly basis with a report of the two separate visits during the month. The info includes the total number of plovers and where they were observed. It also includes weather conditions. The City is on the second year of monitoring and continuing to comply with the cease and desist 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 incentivize ADU construction and incorporate revisions necessary to comply with 2022 ADU legislation; Part B) Increasing the development limit specified for Bay Island from 23 dwelling units maximum to 25 dwelling units maximum; and Part C) Change land use designation of site from Neighborhood Commercial (CN) to Two-Unit Residential (R- 2). Part A Amendment - approved by the California Coastal Commission with suggested modifications on July 11, 2024. Approved by City Council on November 12, 2024. Part B Amendment - approved by California Coastal Commission on July 11, 2024, and approved by the City Council on November 12, 2024. Part C Amendment - approved by the California Coastal Commission on August 8, 2024, and by City Council on November 12, 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 amend the Implementation Plan (IP) of the City’s certified Local Coastal Program (LCP) to establish the Special Flood Hazard (VE) Overlay District; and, Part B) Request to amend the certified Implementation Plan (IP) of the City’s Local Coastal Program (LCP) revising regulations pertaining to commercial parking. The amendment was deemed incomplete by the California Coastal Commission on January 5, 2024, deemed complete on April 14, 2024, and a one -year extension granted on June 14, 2024. Hearings are anticipated in Spring of 2025.

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o On, February 28, 2023, the City submitted request to the Coastal Commission for Coastal Development permit (CDP) jurisdiction for lands meeting the criteria of Coastal Act Section 30613.

This would provide the City with increased and consolidated CDP issuing authority for properties that are currently bisected with Coastal Commission jurisdiction, eliminating lengthy and costly reviews by both agencies. Throughout 2024, City and Coastal Commission staff have conducted regular working sessions to refine the jurisdiction boundaries and finalize the request. Completion of this project is anticipated in Summer of 2025.

o On October 4, 2023, the City submitted a coastal development permit request to reconfigure the 5.5 - acre Mooring Field C from single -row to double -row moorings. Mooring Field C currently has 55 moorings and may have up to 62 moorings upon completion of the proposed Project. The application was deemed complete by the California Coastal Commission (CCC) on July 19, 2024.. Staff worked extensively with CCC staff addressing concerns and ultimately received a positive staff recommendation in support of the project. When deemed complete, the application was more than 3,500 pages. Unfortunately, the CCC denied the project at the February 2025 hearing due to public comments raised regarding safety and liability. The Coastal Commission has expressed concern over the process related to transferability of mooring permits and may address it as part of their consideration of this application.

o On February 8, 2024, the City submitted a three-part LCP Amendment (LCP-5-NPB-24-0004-1) to the Coastal Commission for their review and approval. Part A Amendment - Establishing regulations permitting short term lodging within the MU -W2 (Mixed-Use Water) and MU -CV/15th Street (Mixed - Use Cannery Village and 15th Street) coastal zoning districts; changing the maximum cap of short term lodging permits from 1,550 permits Citywide to: 1) 1,475 permits in residential districts; and 2) 75 permits within the MU-W2 and MU-CV/15th Street zoning districts; and correcting an inconsistency in the definition and use of short term lodging and bed and breakfast inn to mean a rental of 30 days or less. Part B Amendment - Allow land use changes to a previously approved mixed -use project which consists of a tennis club, hotel, and residential components. The amendment includes: 1) modifying the density and intensity limit for the number of tennis courts from 7 to 4 courts and adds 14 pickleball courts; 2) converting 3 of the 5 allowed single -family residences to attached residential condominium units; 3) establishing new development standards for attached residential condominiums; and 4) revising the density and intensity limits for the hotel from 27 to 41 short -term guest rental rooms.

Additionally, the maximum allowable gross floor area increases from 28,300 to 47,484 square feet, and square footage for ancillary hotel uses are included. Part C Amendment - 1) Deletion of Chapter

21.34 (Conversion or Demolition of Affordable Housing); 2) Creating a coastal development permit (CDP) exemption for tentative parcel maps involving the subdivision of airspace within multi -unit 11-51
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dwellings for condominium purposes; 3) Correcting, updating and/or clarifying the references to State law throughout; 4) Changing references from “Building Director” or “Planning Director” to “Community Development Director”; and, 5) Clarifying the definition of “Code” to mean the Newport Beach Municipal Code. The amendment was deemed complete on February 23, 2024, and an extension granted on May 8, 2024. Hearings are anticipated in Spring of 2025.

o On August 8, 2024, the City submitted an LCP Amendment (LCP -5-NPB-24-0004-2) to the Coastal Commission for their review and approval for a request to amend the Implementation Plan (IP) and the Coastal Land Use Plan (CLUP) of the City’s certified Local Coastal Program (LCP) to establish the Housing Opportunity (HO) Coastal Zoning Districts in the Coastal Zone. The project was deemed incomplete and resubmitted in December 2024, then deemed complete January 2025. Hearings are anticipated in Summer of 2025.

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 Services staff continues to work as a partner with the University of California, Irvine; Orange County Public Health; OC Parks; California Department of Fish 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 Department, coordinates with the California Department of Fish and Wildlife, California State Parks, the County, education, and non -governmental organizations (NGOs) to protect natural resources through implementation of state and local legislation, enforcement, monitoring, and to provide education programming at Big Corona del Mar and Little Corona del Mar State Beach, Crystal Cove, and Upper Newport Bay. Coordination highlights from 2024 include the following:

1. Natural Resource Division continued to work with various City departments on issues concerning natural resources and strategies to inform and educate the public.

2. Natural Resource Division continued to work with the MPA Watch (Marine Protected Area Watch Program - Human Use), along with serving as an active member of the Orange County Marine Protected Area Council (OCMPAC).
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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 partnered with other City departments, Newport Bay Conservancy, Newport Dunes Resort and Marina, California Department of Fish and Wildlife and California Coastal Commission 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 of 2024 , 525 students attended during the 8-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 State Highway System or impacts on the system by development, construction and/or special 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 signal upgrade (completed - 2024), and 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 (anticipated completion - February 2025).
• 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 manholes/ valve covers before Caltrans paves.
• Caltrans will then be able to pave the road more accurately and smoothly. • 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 continuously implements TCA’s Major Thoroughfare and Bridge Fee Program through the Municipal 11-53
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Code. Impact fees are collected 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 owner 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 project along Balboa Boulevard. However, the 20A program was suspended by the CPUC at their June 8, 2021, commission meeting. SCE will only complete “Active” 20A underground projects; Balboa Boulevard being the last City project, which was completed in 2024. The City Council approved four Rule 20B Utility Underground Assessment Districts in the past several years, 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 various stages of completion. AD-111 on the Balboa Peninsula and AD-113 in west Balboa Island was 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.

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 Summer 2025.

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 contains a wetlands Design and permits are complete . Project scheduled to be advertised for bid in April 2025 with construction start in September 2025. Project is expected to be substantially complete by May 2025. CEQA has been completed, and all permits have been obtained. Under 11-54
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an agreement currently in preparation with the California Department of Fish and Wildlife, City will manage the construction and pay the contractor. City will be reimbursed from grants funds awarded the project. The project is estimated to cost seven million dollars.

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 nearing completion with construction expected to be substantially complete by March 2025. Project commissioning will continue until June 2025. At that time, the facility will be managed by staff from Public Work’s Municipal Operation Division.

14.13 Coordinate with
United States Fish
and Wildlife Service
Ongoing

Big Canyon Habitat Restoration and Water Quality Improvement Project – Phase 2A and Phase 3 contains 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 Board and California Department of Fish and Wildlife. Phase 2A was completed in early 2022. For Phase 3 - Project is scheduled to be advertised for bid in April 2025 with construction start in September 2025. Project is expected to be substantially complete by May 2026. CEQA has been completed, and all permits have been obtained. Under an agreement currently in preparation with the California Department of Fish and Wildlife, City will manage the construction and pay the contractor. City will be reimbursed from grants funds awarded the project. The project is estimated to cost seven million dollars.

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 for the preparation of a revised draft plan. In the interim, the City has installed protective fencing and is conducting monthly monitoring and reporting the California Coastal Commission.

14.14 Coordinate with
Environmental
Protection Agency
(EPA)
Ongoing

The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial and marine resources and sediment disposal sites for future dredging projects on an as-needed basis when projects are within the U.S. EPA jurisdiction.

14.15 Coordinate with
USPS (for relocation
of the Mariners’ Mile
Complete

The USPS distribution facility was relocated to Santa Ana and Anaheim. The USPS maintains a location in the 11-55
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distribution facility)

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 the entire Banning Ranch property prior to any development. However, it is notable that in 2023, most of Banning Ranch was acquired by a private party for use and conservation as permanent open space.

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 (IS/ND) was adopted in 2018. The City is currently applying for OCTA Measure M2 grant funding for right-of-way acquisition and construction.

West Coast Highway (SR -1)/Superior Avenue Bridge project was completed in September 2024. This project involved constructing a new pedestrian and bicycle bridge over the north leg of the intersection (Superior Avenue) and a new larger parking lot to improve access to Sunset Ridge Park. The project has been awarded grant funding through the OCTA Bicycle Corridor Improvement Program.
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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 respond to traffic issues during and after normal work hours, Holidays, peak summer 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.

4. The Traffic Management Center underwent a display wall upgrade; it includes a 3x2 – 50-inch monitors with a small bezel to stretch imagines across multiple displays (anticipated completion was December 2024).

16.3 Construct Street and
Highway
Improvements
Ongoing

Refer to Program 16.1 for discussion regarding the West Coast Highway (SR -1) and Old Newport Boulevard Intersection Improvements.

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 deteriorated 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.

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 Orange 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 projects are being led by the City of Irvine and are in the Operation and Maintenance phase.

16.5 Maintain
Consistency with
Regional
Jurisdictions
Ongoing

The City monitors the regional Arterial Program, OCTA’s Master Plan of Arterial Highways, and the Countywide traffic model to ensure consistency. Public Works staff coordinates with regional jurisdictions on an as-needed basis. 11-57
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(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
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 resurfacing projects to maintain roadways at a high level. Roadways are improved through replacement of deteriorated roadways 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.

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 (completed April 2024) and along the Balboa Peninsula (anticipated completion - February 2025).

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 striping 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.
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16.8 Provide Public
Transportation

Ongoing

The City continuously looks for opportunities to support the upgrade and enhancement of existing facilities, as well as encourage the development of additional public transportation services and facilities. The City provides shuttle bus services for the Oasis Senior Center clients on an as -needed basis. The City also continuously works with the Orange County Transportation Authority (OCTA) for countywide bus services.

The City operates the Balboa Peninsula Trolley (Trolley), a local transit service, on the Balboa Peninsula during the summer. The free service generally runs from 10:00 a.m. to 9:30 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. The program is partially funded by the OCTA Measure M2 (Project V) program. The program finished it’s seventh and final year of the current grant in 2024. Over the life of the program, the Trolley served approximately 140,000 riders at an average of approximately 590 per day. The City applied for and was award ed additional Project V grant funds to facilitate procurement of five new trolley vehicles and continue operating the Trolley program for another seven years (2025-2031).

16.9 Manage Truck
Operations
Ongoing

Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use designated haul routes.

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 Peninsula, Mariners Mile, and Corona del Mar experience high parking demand.

Parking conflicts can hold back commercial and economic activities. Creating new parking is often expensive.

The City requires new development to provide off -street parking in accordance with the Zoning Code and Local Coastal Program thereby increasing parking supply.

On April 17, 2019, the City submitted a Local Coastal Program Amendment (LC2017 -001) to the California Coastal Commission to add the Balboa Village Parking Management Overlay District to the certified Local Coastal Program Implementation Plan. On February 23, 2021, the City Council approved modifications to the Balboa Village overlay provided by the California Coastal Commission. Near the end of 2021, the City prepared a parking management 11-59
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plan for the Balboa Village overly (PM-1) and it was approved by Coastal Commission in 2022.

Building off the Balboa 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 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.

In 2023, the City Council adopted an ordinance to adjust commercial parking requirements, which are now effective in City areas outside of the Coastal Zone. The City submitted the accompanying Local Coastal Program Amendment in the fourth quarter of 2023. The following is a list of recent updates related to this effort:
• Deemed Incomplete by the CCC on January 5, 2024;
• Efforts dovetailed with Corona del Mar Area Study at Council Study Session; • Contract with consultant was modified to pivot study to support the Corona del Mar Planning effort; • LCPA Application deemed complete by CCC on April 15, 2024, and extension granted on July 14, 2024 (new deadline is now July 10, 2025);
• Staff is currently working with the California Coastal Commission to prepare the amendment for a hearing.

As previously discussed under Program 8.2, the City launched a comprehensive land use and mobility study (Study) to consider ways to enhance and improve the Corona del Mar (CdM) commercial corridor including parking solutions.

16.11 Maintain Trails Ongoing

The City continues to maintain existing bike paths and 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 route and an on -demand system were examined. Constraints include providing appropriate accessible locations to pick -up and drop -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 significant public subsidy was identified and there was no funding source. As a result, further study of a water 11-60
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transportation service was abandoned.

17.1 Maintain and
Implement Urban
Water Management
Plans and
Encourage
Conservation
Ongoing

The U.S. Drought Monitor shows a shift from no drought to “abnormally dry”. Therefore, drought could be edging closer to a reality again for the state.

A new Water Use Objective was signed into law late 2024 requiring water use reporting for the previous fiscal year for all water suppliers beginning January 2025. This report defines a water use objective. This calculation is based upon the water need in its service area for efficient indoor residential water use, outdoor residential water use, commercial, industrial and institutional (CII) irrigation with dedicated meters. The calculation will include reasonable amounts of system water loss, along with consideration of other unique local uses (i.e., variances) and “bonus incentive,” or credit, for potable 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 bills call for creation of new urban efficiency standards for indoor 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 investment the City made in installing automated metering Infrastructure [AMI metering]. Along with deploying AMI, the City and its customers are able to track their respective water usage in hourly increments. Armed 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 Department continues to implement the adopted Sewer Master Plan with projects throughout the City.

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A vigorous sanitary 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 provides an annual budget allocation for 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 March 2025.

2. Big Canyon Project Phase 3A– construction will begin Fall 2025.

3. Balboa Island Storm Drain Improvements – In September 2024, the City Council adopted the Mitigated Negative Declaration and the design and permitting is underway.

4. Street sweeping program consisted of 37,452 curb miles swept, removing 5,799 tons (dry) of debris.

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 432 tons 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
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 completed in October 2024.
• City is updating the median landscaping on Newport Boulevard from Industrial Way to Pacific Coast 11-62
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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 understory shrub plantings, while retaining the existing Mediterranean 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 landscape improvements completed in October 2024:
• 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., 16 th street, and Coast Highway median landscaping and slope landscaping parkway right -of-way along Newport Blvd. from Industrial to Coast Highway. In addition, a small slope on West Coast Highway near the Santa Ana River is also included for improvement. Completed in October 2024.

MacArthur Boulevard Pavement Rehabilitation and Median Improvements on MacArthur Boulevard from Jamboree Road to Campus Drive. Design began in 2024, and construction scheduled to start in January 2026 with anticipated completion in August 2026:
• City is designing the new medians with landscaping on MacArthur Boulevard from Jamboree Road to Campus Drive, to improve the appearance of the street as it serves as an entrance to the City. • The median construction will include planting trees and shrubs. The new trees will consist of Forest Pansy, African Tulip, and Date Palms. The new understory plants will consist of California-friendly drought-tolerant plants such as Natal Plum, colorful Red Yucca accents, Blue Glow agave, Coast Rosemary, and Vitex Purpurea.
• These efforts will create an inviting corridor for visitors entering the City.

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.
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20.3 Fund and Construct
Public View Sites
Ongoing

West Coast Highway (SR -1)/Superior Avenue Bridge project was completed in September 2024. This project involved constructing a new pedestrian and bicycle bridge over the north leg of the intersection (Superior Avenue) and a new larger parking lot to improve access to Sunset Ridge Park. The project has been awarded grant funding through the OCTA Bicycle Corridor Improvement Program.

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 2024.

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 27 and28, 2024.

21.4 Harbor Operations
and Management
Ongoing

A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County in Newport Harbor and opportunities to realign these to reduce costs 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 and periodically update facilities and personnel to provide a high -level of service. This process is implemented through the City’s budget process. Additionally, response times are monitored, and changes are proposed through the budget process. 11-64
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In September of 2024, the City Council approved a Coastal Development Permit for the demolition of an existing City fire station and library at 100 East Balboa Boulevard, and construction of a new 5,400 two -story City fire station (Fire Station No.1) and an attached 3,700 one story library (Balboa Branch Library). However, the project was appealed to the California Coastal Commission in October of 2024. As of February 2025, the project is still under review with the California Coastal Commission.

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 are recommended in the City’s annual Capital Improvement Plan. Capital improvement plans approved include:

1. Replace synthetic turf and upgrade athletic field lights to LEDs at Bonita Creek Park;

2. Plan and design an aquatic facility at Lower Castaways with a 50-meter pool, therapy pool, splash pad and community room;

3. Renovate and add shade element at Spyglass Hill Park playground; and

4. Replace Park assets identified in the Parks Maintenance Master Plan including fencing and shade elements.

23.2 Maintain and
Improve Parks and
Recreation Facilities
Ongoing

In 2024, the following accomplishments were achieved:
• Ongoing maintenance of existing facilities;
• Playground renovation at Peninsula Park: construction complete; • Newport Beach Junior Guard building and community center: construction complete; • Arroyo Park synthetic turf conversion and LED upgrade: construction complete; • Newport Ridge Park Pickleball courts: construction complete; • Bonita Creek Community Center renovation: construction complete; • Sunset Ridge Park Pedestrian Bridge and parking lot expansion: construction complete; • OASIS Community Center LED Phase 1: retrofit complete; • Construction of Witte Lecture Hall: scheduled to be completed in 2026; • Design for Playground renovations at San Miguel Park and Newport Elementary School (city property):

Construction scheduled to start and be completed in 2025; • Replaced Fitness station and installed ADA pad at Irvine Terrace Park; • Resurfaced pickleball courts at Bonita Canyon Sports Park and basketball courts at 38th Street, West Newport Park, Marina Park; and
• Installed youth sports AEDs at two athletic fields to comply with AB1467 by Jan 1, 2027 11-65
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23.3 Assess Recreation
Needs
Ongoing

The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation programs and periodically initiates community surveys to assess the current needs of the community.

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 digital summer 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 capacity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees. The following are Commission highlights from 2024:

• Presentation: Update Regarding the Special City Blue Gum Eucalyptus Tree Removal at the Balboa Library; • Balboa Branch Library/Fire Station 1 Replacement Concepts and Special Tree Removal; • Two Tree Donations– Castaways Park;
• Drinking Fountain Donation– Back Bay Drive;
• Four Tree Reforestations Requested;
• Light request for Newport Mesa Soccer Club (Bonita Canyon Sports Park 5), Pateadores (Bonita Creek and Arroyo Park), Slammers Futbol Club (Arroyo Park);
• City Park Signage Discussion;
• Presentations– Special City Tress in Westcliff Neighborhood Affected by Curb, Gutter and Sidewalk Repairs; • Presentation to outgoing Commissioner David Granoff;
• Community Service Awards: Jerry Nininger; and
• Elections– Kiera Kirby, Chair & Vice Chair, Anne Yelsey

Ad Hoc Committee Appointments: Municipal Code and Council Policy Manual Review: Sunset; Community Service Award: Reappoint Diane Daruty, Kate Malouf and Anne Yelsey; Youth Sports Commission Member Organization:

Reappoint Kate Malouf, Amy Waunch; Ocean Blvd: Reappoint Hassan Archer, Keira Kirby and Anne Yelsey, City Park Signage: Appoint Kate Malouf, Amy Waunch, Anne Yesley; Lower Castaways Aquatics Complex: Appoint TBD

23.5 Requirements for
Residential
Developers
Ongoing

Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City’s 11-66
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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. In October of 2024, the City Council adopted Resolution 2024 -75 which adjusted the park fees pursuant to an updated appraisal. The adjusted rate will be phased in over one year. In November 2024 the City Council approved a Nexus Study, Fee Schedule , and established a Development Impact Fee (DIF) Program (see Imp. Program 30.2) that will be applied to new development projects meeting certain criteria. The DIF program includes fees for Police, Fire, Recreation, Water, and Sewer facilities. The fees became effective in January 2025.

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 Strategic Plan is designed to serve as a work program for the City Council, City staff, and the EDC to promote and sustain fiscal and economic vitality in Newport Beach. It is intended, in part, as a companion document for the General Plan (adopted in 2006), to assist the City in implementing portions of the General Plan that affect economic development in the City. The Strategic Plan includes goals and objectives to enhance the business climate in the community and focuses on a shorter time frame (three to five years) than does the General Plan, since economic conditions and priorities can change more rapidly than do planning goals related to community character and land use patterns. The Strategic Plan calls for regular reviews of progress and re - assessments of priorities. The Strategic Plan continues to be reviewed and implemented each year.

25.1 Implement Housing
Element Programs
Ongoing

The City implements Housing Element Programs through review of proposed residential projects. Programs are reviewed in the Housing Element Progress Report, provided as a part of the Annual General Plan Progress Report.

26.1 Enforce Codes 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.

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.
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28.1 Maintain Hazards
Data Base
Ongoing

The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal activities. The Fire Department relies on the Disaster Preparedness Division under the City’s Emergency Management Program (see Program 28.2 and 29.1) for the planning of facilities, personnel assignments, and emergency response programs as related to natural hazards. Additionally, the City maintains hazard information in its Geographic Information System (GIS).

28.2 Maintain Emergency
Preparedness,
Response, and
Recovery Programs
Ongoing

On March 27, 2024, 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, 2024, the Police Department Operations Center (DOC) was activated to support the field operations and interdepartmental coordination. Several briefings were held to ensure all departments were sharing intelligence and coordinating.

On October 10, 2024, 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 of representatives from each department and meets quarterly. The EPC works collaboratively to plan, train, and address all city emergency management threats. 11-68
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29.1 Educate the
Community
Ongoing

February 12, 2024, the Police Department launched the Newport Notified alert system for disseminating general and emergency information directly to the community. It is used to notify residents and subscribers about issues impacting safety, such as traffic advisories, crime alerts, and community updates. It is also used for emergency notifications related to power outages, evacuations, tsunamis, and other hazards where public safety is at risk.

The City continuously educates the community through its various City Departments on services, programs, and key issues including land use zoning and development processes; development fees; code compliance; property and building maintenance and improvement techniques; financial assistance and affordable housing programs, public transportation; ride-sharing, energy conservation methods, waste reduction and recycling programs; hazards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural resources and their value; educational and cultural events and venues; parks and recreation, health and safety, and seniors and youth programs; and access to government services and elected officials. Significant events include:

• Emergency Siren System Test (1/5/24)
• Emergency Siren System Test (2/2/24)
• Emergency Siren System Test (3/1/24)
• Emergency Siren System Test (4/5/24)
• Emergency Siren System Test (5/3/24)
• Emergency Siren System Test (6/7/24)
• Emergency Siren System Test (7/5/24)
• Emergency Siren System Test (8/2/24)
• Emergency Siren System Test (9/6/24)
• Emergency Siren System Test (10/4/24)
• Emergency Siren System Test (11/1/24)
• Emergency Siren System Test (12/6/24)

The Disaster Preparedness Division implemented several community outreach programs as they relate to emergency and disaster preparedness including AlertOC, which is a mass notification calling system for staff, residents, and businesses, The Community Emergency Response Team (CERT) program to certify residents as Disaster Service Workers, School Emergency Response Team (SERT) training sessions in public schools and private schools, and Business Emergency Response Team training sessions. 11-69
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29.2 Support of the Arts,
Culture, and Historic
Resources Melissa
Harston
Ongoing

2024 Arts and Culture Update:

Concerts on the Green
Three concerts were held Summer 2024 with hundreds of residents and guests in attendance at each performance.

Featured bands were Radio Rebels, Wilbury Super Group, and AbSOULute. Concerts took place in Civic Center Park.

Cultural Arts Grants
In 2024, arts organizations were awarded a total of $25,000 of grant funding to provide arts programs to the local community.

Exhibits in the Central Library
The City Arts Commission maintains exhibit space at the Central Library. The Commission’s Art in Public Places Ad Hoc Subcommittee meets periodically to review artist's submissions for the exhibition in the Central Library Lobby Gallery. Six artists’ works of art were displayed in the gallery space during 2024.

Marina Park Concert
In October, residents and guests attended the annual Concert at Marina Park featuring jazz and swing tribute band Gotham City Swingers.

Newport Beach Art Exhibition
The 57th Annual Newport Beach Art Exhibition took place in June 2024. The event featured 233 pieces of artwork by 138 artists. Attendees of the one -day art show enjoyed visiting with local artists and hearing live music with refreshments available in the Pavilion on the Civic Center Green. Children’s art activities were also offered to allow young artists an opportunity to express their own artistic creativity.

Newport Beach Arts Foundation
The Newport Beach Arts Foundation, a private non -profit 501 (c) (3) organization, is dedicated to supporting the purposes and objectives of the arts programs of the City of Newport Beach. Their annual Art in the Park fine arts and artisans fair took place in September 2024.

Sculpture Exhibition in Civic Center Park
In June 2024, the City Arts Commission presented Phase IX of the Sculpture Exhibition in Civic Center Park with the grand opening ceremony held the same day as the Newport Beach Art Exhibition. 11-70
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In November 2024, the City Council approved changing the exhibition period from two years to three years for currently installed Phases VIII and IX and future phase installations.

Student Art Exhibition
The Newport Beach Student Art Exhibition opened to pre -K through 12 th grade students at the beginning of 2024.

Accepted artwork was displayed at the Central Library in April and May and an awards ceremony recognizing exhibition winners was held during the City Arts Commission’s June 2024 regular 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 supported 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 affordable housing to assist the City’s efforts to meet the 6 th Cycle Regional Housing Needs Assessment (RHNA) allocation.

The Peter & Mary Muth Interpretive Center ran by the Newport Bay Conservancy and Orange County Parks is a 10,000 square foot educational facility built into the side of one of the bluffs on the north side of the Bay. The center is open daily with fee admission, provides exhibits and interactive displays on the nature and history of the Bay.

Visitors learn about life in and around an estuary and why Upper Newport Bay is such an important estuary. The knowledge and understanding gained here will give people an even greater appreciation of the Bay when they take guided walking and water tours or explore the Bay on their own. The Interpretive Center provides community events throughout the year such tours and education events, and environmental clean -up events (The Peter & Mary Muth Interpretive Center).

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 Plan (CIP) is included in the annual budget approved by City Council each year. In June 202 2, 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.
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30.2 Administer Impact
and User Fees
(Development
Impact Fees, Park
Dedication and In -
Lieu Fees, and
Tideland Revenue
Fees)
Ongoing

1. Development impact 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. In November 2024 and effective 2025, the City Council approved a Nexus Study, Fee Schedule, and established a Development Impact Fee (DIF) Program. The fee schedule and DIF program was approved with no opposition from the development community. More information on this program and fees can be found in the Staff Report.

The program will apply to new residential development planned in the 6 th Cycle Housing Element and new nonresidential development. For nonresidential, language is included that incentivizes neighborhood serving uses and tax generating uses.

3. Park fees are assessed for all 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. In October of 2024, the City Council adopted Resolution 2024 -75 which adjusted the park fees pursuant to an updated appraisal. The adjusted rate will be phased in over one year.

4. 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, 2025.

5. Annually in 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. In 2024, six of the fees for Harbor Department services were reduced based on improved processes and use of technology. Eleven new fees were added for services the Harbor Department is now able to provide:
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

6. In 2024, new rate structure for mooring permits was proposed by the City Council and is now under review by the State Lands Commission.
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31.1 Consider the
Establishment of
Community Facilities
and Special
Assessment
Districts
Ongoing

City staff has been evaluating the potential need to establish a Community Facilities District for the Airport Area to potentially support additional public safety equipment and personnel. As an alternative to establishing financing districts, the City Council initiated a study of Development Impact fees as a way to fund future facility needs. The study was started in 2021 and completed in November 2024.

In 2024, the City began the process to establish a community pool facility, the Lower Castaways Aquatics Facility, at 100 Dover Drive:
• An Ad Hoc Committee met several times between March and September 2024. • City Council study session held on October 8, 2024, supported the Ad Hoc Committees recommendation for development as a community pool facility.
• On November 12, 2024, the City Council initiated amendments to Anomaly 54 in Table LU2 of the General Plan Land Use Element and to the Castaways Marina Planned Community (PC -37) Development Plan. Both amendments are necessary for the City to consider development of the Lower Castaways Aquatics Facility.

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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.

Complete

Immediately after the 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 an overlay zoning text for the various focus areas, and creating objective design standards. The goal was to rezone the housing opportunity sites appropriately for housing development.

The City worked 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 transparent process that is representative of the community’s values.

In July 2024, the City Council adopted an amendment to the Land Use Element to revise the necessary goals and policies to support housing production in the focus areas identified by the Housing 11-74
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Element. The Land Use Element’s revised policies and goals can be found in Exhibit A of Resolution 2024-51.

On September 24, 2024, the City Council adopted Zoning Code Amendments to implement the Housing Element by providing the necessary zoning. These amendments included adding a Housing Opportunity (HO) Overlay Zoning District (Overlay) to the NBMC , Section 20.28.050, which provides procedures and development standards for future housing projects. The Overlay provides allowed uses, maximum dwelling unit limits for each subarea, and appropriate development standards such as height, parking, setbacks, and open space req uirements. The Overlay also provides a streamlined review process for projects that include a minimum of 20 percent of units reserved for very -low- and low - income residents, which serves to incentive the provision of affordable housing. The Zoning Code Amendment also added Section 20.48.185 (Multi -Unit Objective Design Standards to provide a baseline standard for all new multi-unit development (See the Status listed for Policy Action 3A).

These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the Airport Environs Area of the Overlay Areas: HO-1 Airport Area Environs Area

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.

Complete

Please refer to the Status listed for Policy Action 1A. These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the West Newport Mesa of the Overlay Areas: HO-2 West Newport Mesa Area

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The City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation Plan) to apply the new Overlay to applicable properties in the coastal zone. The amendment is currently under review by the CCC.

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.

Complete

Please refer to the Status listed for Policy Action 1A . These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the Newport Center of the Overlay Areas: HO-4 Newport Center Area

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 Above
Moderate-income categories.

Complete

Please refer to the Status listed for Policy Action 1A. These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the Dover- Westcliff area of the Overlay Areas: HO-3 Dover-Westcliff Area

The City Council authorized the submittal of a Local Coastal Program Amendment to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coast Program Implementation Plan) to apply the new Overlay to applicable properties in the coastal zone. The amendment is currently under review by the CCC.
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
On Hold

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 11-76
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residential units at an average density
of 50 dwelling units per acre.

Subsection B in Section 4 (Housing Plan) of the Housing Element.

In 2023, the majority of Banning Ranch was acquired by a private party for conservation purposes. While it remains a housing opportunity site due to pre -existing development intensity authorized by the current General Plan, it is not considered a site for the purpose of satisfying the City’s RHNA allocation. 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.

Complete

Please refer to the Status listed for Policy Action 1A. These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the Coyote Canyon area of the Overlay Areas: HO-5 Coyote Canyon Area 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.

Complete

Please refer to the Status listed for Policy Action 1A.

These amendments included adding Housing Overlays into the Zoning Code (Section 20.28.050) The following map is of the Existing 5 th Cycle Sites of the Overlay Areas: HO-6
Existing_5th_Cycle_Sites

1H: A ccessory
Dwelling Unit
Construction
The City will aggressively support and
accommodate the construction of at
least 240 ADUs by a variety of
methods.

Ongoing

In 2024, 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 2024, the City began to work on revising the ADU Ordinance to comply with SB1211 for
multi-family properties, which outlines additional parking allowances, adds a definition of livable space, and
additional units allowed. Amendments related to the SAFE ADU program and compliance with AB2533 are provided
below.
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• Website Enhancements: In Spring of 2023, the Community Development Department launched a 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 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 website is updated on a regular basis, for example in 2024, updates regarding the SAFE ADU program were
added. The Newpor t Beach ADU website is accessible at
https://www.newportbeachca.gov/adu.

• ADU Standard Plans: In late 2023 and early 2024, the City created 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 permit processing times 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 design, and one -and-two-car-garage conversion
plans. In 2024, staff worked on enhancing the standard
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plans page on the City’s website to include a process for architects to submit their own drawings to be reviewed as standard plans/preapproval. This effort is also being
completed to comply with AB1332 (effective January 1,
2025).

• SAFE ADU Program: Efforts began towards the end of 2023 to implement the State’s amnesty program to permit
informal (unpermitted) units. The program became official in 2024, allowing concessions for qualifying units that were existing but unpermitted. Three safe ADUs were permitted, and one was in applied status (i.e. plan check) in 2024.

Additionally, the City prepared for implementation of
changes to the SAFE ADU Ordinance pursuant to AB2533
(effective 2025) changing the year for qualified units from 2018 to 2020; and allowing JADUs for SAFE ADU.

However, the City’s Ordinance was a step ahead and
already allowed JADUs to qualify for a SAFE ADU.

• 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 ran through the end of 2024 and
complemented other new City programs intended to
promote and facilitate ADU development, including website enhancements and standard plans. Since the start of the program, the City waived a total of $273,425 in permit and plan check fees associated with ADU construction.
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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 2024, 62 ADUs were submitted for review. There were 46 ADUs that received building permits for an increase of existing units, and 28 received final inspections. The ADUs that received permits for an increase of existing units (net increase) in 2024 will be counted 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.

Complete

In 2024, 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. Three safe ADUs were permitted, and one was in applied status in 2024.

Additionally, the City prepared for implementation of changes to the SAFE ADU Ordinance pursuant to AB2533 (effective 2025)
changing the year for qualified units from 2018 to 2020.

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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. The City will continue to study inclusionary housing in 2025 with technical support from KMA.
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 violations and
nuisances.

Ongoing

The building inspectors and code enforcement officers continually enforce code regulations, abatement violations, and nuisances. A quarterly report on code enforcement activities is available and kept on file at the City. The City Council awarded funding for the Senior Home 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 available on a voluntary basis . This City report allows the City to verify that its residential buildings meet zoning , building code, and life safety requirements as set forth by the City's Municipal Code and fulfill the State's requirement that all homes have both smoke detectors and seismic strapping of water heaters (California Health and Safety Code, Section 19211). In 2024, there were 248 RBRs processed.
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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 HCD 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 information 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 reached out to the owners of the existing 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.

3A: Objective Design
Standards
The City of Newport Beach will review
existing entitlement processes for
housing development and will
eliminate discretionary review for all
housing development proposals that
include a minimum affordable housing
component.

Complete

The Zoning Code Amendment that approved the Housing
Overlays also added Section 20.48.185 (Multi -Unit Objective Design Standards to provide a minimum baseline design standard for all new multi-unit development. The objective design standards are intended to result in quality design of multi-unit residential and mixed-use development. Review under the standards supports development that builds on context, contributes to the public realm, and provides high quality and resilient buildings and public spaces.

These standards shall be applied uniformly and without discretion to enhance the built environment for both affordable and market - rate multi-unit residential development. The standards would apply to housing throughout the City that consists of a density of 30 dwelling units per acre or greater.
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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 conversion
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 2024.

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 2024, the City received and expeditiously processed five different preliminary applications for residential development. The City also continues to offer multi -departmental preliminary application meetings (Development Review Committee -DRC) to assist in streamlining entitlement processes. DRC is a service that is offered free of charge to the development community.
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

The City has continued its coordination with the County of Orange. 11-83
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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 2024 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 (Development Review Committee) to assist in
streamlining entitlement processes and to facilitate an easier entitlement review. Development Review Committee is a service that is offered free of charge to the development community.

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. Additionally, during 2024, several developers took advantage of the City’s various incentives for affordable housing including through the granting of density bonus, development standard waivers, and fee waivers.

3J: Priority in Kind
Assistance for
Affordability
The City shall provide more assistance
for projects that provide a higher
Ongoing

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number of affordable units or a greater
level of affordability.

No projects proposed a larger number of affordable units than the minimum nor at greater affordability levels during the 202 4 reporting period. However, in late 2024, the City adopted the Housing Opportunity (HO) Overlay Zoning District (Section

10.28.060 of the NBMC), which includes a provision to allow significant streamlining opportunities for housing development applications that include a higher proportion of affordable housing.

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 Within 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 certa in 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 inventory 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 coasta l zone. The inventory conducted in October 2022, found less than 50 qualifying acres.
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,
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. There has been significant interest from landowners and 11-85
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Dover-Westcliff, Newport Center,
Mariners’ Mile, and Balboa Peninsula
areas.
developers within the various focus areas, including the submittal of development applications and preliminary applications, demonstrating that the City has provided effective outreach. 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) Technical 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 environmental impact report for a significant large -scale commercial or industrial pr oject that includes a significant number of employees.
3O: Single Resident
Occupancies (SROs)
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

In December 2024, the City Council authorized the City Manager and City Clerk to execute the Affordable Housing Loan Agreement between the City of Newport Beach and American Family Housing, LLC, (AFH) to loan $3,000,000 to convert an existing Travelodge North Motel property at 1400 Bristol Street, Costa Mesa s permanent supportive housing for those experiencing or at risk of homelessness. AFH’s proposed project would convert the existing 11-86
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120-unit motel property into 78 total units of housing - 76 units of permanent supportive housing and two manager’s units (Project) .

There would be a ”local preference” for 12 studio units at the Project based on the eligible tenants connection to Newport Beach.

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.

In Progress

City staff met with HCD to discuss next steps in furtherance of this Policy Action and anticipates substantial progress by the middle of 2025.
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 intends to emphasize 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 and will participate in an update to the Orange County Regional Analysis of Impediments to Fair Housing when the next update occurs. The City is also collaborating with neighboring jurisdictions through the Orange County Council of Government (OCCOG) and its Regional Early Action Planning (REAP) on-call services bench, as there is an effort to streamline various housing element implementation program actions, including AFFH efforts, regionally.

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 housing projects. In 202 4, this included entitlement approval of the following projects:
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• Residences at Newport Airport Village - 37 very low units • Residences at 1401 Quail Street - 6 very low affordable units and 2 low affordable units
• Residences at 1400 Bristol Street – 233 very low affordable units
Additionally, in late 2024, the City adopted the Housing Opportunity (HO) Overlay Zoning District (Section 10.28.060 of the NBMC), which includes a provision to allow significant streamlining opportunities for housing development applications that include a higher proportion of affordable housing (i.e. 20%).

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 most recent amendment was to the Implementation Plan (IP) of the City’s certified Local Coastal Program to incorporate standards and establish an approval process for considering density bonuses with housing development projects. These amendments are required to ensure the City’s reg ulations are in compliance with State law. The California Coastal Commission approved the amendment with suggested modifications on April 12, 2024. The City Council adopted the amendment on September 25, 2024 and the Environmental Determination was approved on November 15, 2024.

Additionally, 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

The City established apermit and plan check fee waiver program to incentivize the development of accessory dwelling units that 11-88
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continued through the end of 2024. 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

In 2023, the Newport Place Planned Community (PC -11)
Development Plan was amended to modify the inclusionary requirement from 30% to 15% for residential projects. A report from KMA demonstrated that a 30% inclusionary requirement may hinder housing development.

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

Since adoption of the Housing Opportunity (HO) Overlay Zoning District (Overlay) , City staff has met with several prospective developers and real estate brokers to provide assistance and explanation of the overlay, including the development review process.
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

The City will begin work on this Policy Action in 2025 with the assistance of a consultant.
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4I: Establish Mixed -
Use Resort
Opportunities
The City will consider policies,
regulations and/or interpretations to
establish mixed -use resort
opportunities.

Complete

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.

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

In 2023, the City adopted amendments to the Zoning Code and General Plan related to noise in the airport area, which were necessary to implement the 6 th Cycle Housing Element. The amendments included adding regulations to Section 20.30.080 (Noise) of the NBMC that would serve to protect sensitive noise receptors from potential airport noise.
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

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
Ongoing

Refer to the discussion under 2c above. The City will continue outreach efforts in 2025 to preserve affordability covenants. 11-90
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financial resources available, and to
encourage the extension of the
affordability agreements for the
developments listed beyond the years
noted.
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

The City continues to maintain a contract for fair housing services with the Fair Housing Foundation. The City maintains a robust housing webpage with information regarding housing opportunities and contact information for affordable housing providers and the Fair Housing Foundation.
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

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 continues 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 homes 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
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.

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Assistance to residents of the
community.

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). 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 4 was submitted to California Department of Water Resources on January 30, 2025.
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 2024 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 2024 reporting period.

The City submitted its Action Plan in May of 202 4 and allocated a portion of the grant for the provision of homeless services. 11-92
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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 Newp ort 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 2024, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $95,545.59. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement and roof repairs. To date, the program has used $ 476,222.96 for a total of 20 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 housing
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.
6E: Housing
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, and 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.
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• 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 and their family members on an individual basis.
• 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 donation is requested for meals, which are provided by Meals on Wheels OC.

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
In Progress

City staff met with HCD to discuss next steps in furtherance of this Policy Action and anticipates substantial progress by the middle of 2025.
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amending NBMC to ensure proper
zoning of emergency, transitional, and
supportive housing according to State
law.
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
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) the
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

Staff intends to implement this Policy Action in conjunction with the amendments necessary to implement Policy Action 3P: Residential Care Facilities in 2025.
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 2024 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 fair 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 for the City in 2024:
• Fair Housing Workshops – 2/14/24, 9/26/24 and 11/5/24 • Contacts Services – 2/14/24 Newport Mesa Family
Resource Center, 8/3/24 Newport Mesa Unified School
District,
• Public service announcement, City of Newport Beach TV – 5/22/24
• Literature Distribution – 3,832 documents
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 2024 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 were sent to all local water and sewer utility providers that supply the City.

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On the Agenda: March 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, March 25 at 4 p.m. The full agenda is available here.

Agenda items include:
• A 5-year agreement with Kit Coffee (operating under Kit at the Library, Inc.), to operate the retail concession facility at the Central Library, 1000 Avocado Ave. City staff is recommending Kit Coffee, a locally owned coffee shop with facilities in Newport Beach and Irvine, after evaluating proposals from interested food-service operators. Kit Coffee proposes to offer coffee and tea -based drinks and a limited food menu with items such as toasts, sandwiches and salads at the library location. • 2024 General Plan annual progress report, including a Housing Element report. Under State law the City must prepare and submit an annual report on the status of the City’s General Plan and implementation progress. The Council action would approve the rep ort and authorize staff to submit the report to the California Department of Housing and Community Development. • Amendment of a municipal ordinance related to the completion of residential home construction.

In 2019, the City Council adopted a three-year time limit to complete construction of one-unit and two-unit family dwellings. In 2022, as the COVID-19 pandemic disrupted supply chains and delayed construction, the Council temporarily granted the City's building official authority to extend the time limit for up to one additional year. The Council will consider an amendment to remove a sunset provision from the ordinance and grant the building official authority to approve up to two, 180-day extensions for projects entering their fourth year. This amendment eliminates the public hearing requirement for these specific extensions, streamlining the process and reducing costs for permit holders. Requests for a third or fourth extension would require a public hearing with an administrative hearing officer. Additionally, the proposed ordinance introduces new requirements for applicants seeking extensions.

VIEW THE FULL AGENDA >>

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 25, 2025
Agenda Item No. 12
ABSTRACT:

On April 23, 2019, the City Council adopted Ordinance No. 2019-8, setting a three-year time limit to complete construction of one -unit and two -unit family dwelling s. The COVID-19 pandemic disrupted supply chains for certain building materials and fixtures causing delays in completing construction. As a temporary solution to supply chain delays, the City Council adopted Ordinance No. 2022 -8 on March 22, 2022, authorizing the building official to grant an extension of the time limit to complete construction for up to one additional year. The temporary solution would sunset on April 21, 2025.

For the City Council's consideration is an amendment to Ordinance No. 2019-8 to remove the sunset provision and amend Section 15.02.095 of the Newport Beach Municipal Code (NBMC). The amendment would also introduce additional criteria for applicants seeking further time extensions.

RECOMMENDATIONS:
a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-5, An Ordinance of the City of Coun cil of the City of Newport Beach, California, Amending Section 15.02.095 (Section 105.3.4) of the Newport Beach Municipal Code Related to Timeframes for Completion of Construction, and pass to second reading on April 15, 2025.

DISCUSSION:

Ordinance No. 2019 -8, adopted on April 23, 2019, established a three -year construction time limit for one- and two-family dwellings.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Tonee Thai, Deputy Community Development Director/Chief Building Official - 949-718-1867, [email protected] TITLE: Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the Newport Beach Municipal Cod e Related to Timeframes for Completion of Construction
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Ordinance No. 2025-5: An Amendment to Section 15.02.095 of the NBMC Related to Timeframes for Completion of Construction
March 25, 2025