RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ORDERING A
REPORT PURSUANT TO CALIFORNIA ELECTIONS
CODE SECTION 9212 REGARDING AN INITIATIVE
MEASURE TO AMEND THE LAND USE ELEMENT OF
THE CITY’S GENERAL PLAN
WHEREAS, Section 1003 of the Charter of the City of Newport Beach (“City Charter”) states that the provisions of the Elections Code of the State of California (“ElectionsCode"), as the same now existor hereaftermay be amended, which governs initiatives,shallapply to the use thereofin the City of Newport Beach (“City”)so far as such provisionsofthe ElectionsCode are not inconflictwith the provisionsofthe Charter; WHEREAS, on April30, 2025, pursuant to ElectionsCode Section 9202, the City was served with a Notice of Intention to Circulate Petition,a Proponent’s Signed Statement, and a copy of a proposed initiativetitledthe Responsible Housing Initiative (“Initiative”);
WHEREAS, on May 15, 2025, pursuant to ElectionsCode Section 9203, the City Attorney prepared a summary of the Initiativewith the followingballottitle:“Initiativeto Provide Affordable Housing for2,900 Extremely Low-, Very Low-, Low- and Moderate- Income Households”;
WHEREAS, on November 18, 2025, certificationwas presented to the City Council that not less than ten percent of the registered voters of the City signed the petitionforthe Initiative;
WHEREAS, pursuant to ElectionsCode Section 9215, ifan initiativepetitionis signed by not lessthan ten percent ofthe registeredvoters of a city,that cityshalleither adopt the proposed initiative,submit the proposed initiativeto the voters,or order a report pursuant to ElectionsCode Section 9212;
WHEREAS, pursuanttoElectionsCode Section9212(a),the legislativebody may refera proposed initiativemeasure to a cityagency or agencies fora report on any or all of the following:(1)itsfiscalimpact;(2)itseffecton the internalconsistency of the city’s general and specificplans, including thehousing element, the consistency between planning and zoning, and the limitationson cityactions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing withSection65915) of Division1 ofTitle7 of the Government Code; (3) its effecton the use of land,the impact on the availabilityand locationof housing, and the abilityof the cityto meet itsregionalhousing needs; (4) itsimpact on funding for
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Resolution No. 2025-
infrastructureof alltypes,including,but not limitedto,transportation,schools, parks, and open space, and whether the measure would be likelyto result in increased infrastructure costs or savings, including the costs of infrastructuremaintenance, to current residents and businesses: (5) itsimpact on the community’s abilityto attract and retain business and employment: (6) itsimpact on the uses of vacant parcels of land: (7) itsimpact on agriculturallands, open space, trafficcongestion, existing business districts,and developed areas designated for revitalization:and (8) any other matters the legislative body requests to be inthe report:
WHEREAS, pursuant to Elections Code Section 9212(b), the report shall be presented to the legislativebody withinthe time prescribed by the legislativebody, but no later than thirtydays after the Elections Officialcertifiesto the legislativebody the sufficiencyof the petition:and
WHEREAS, the City Council desires to order a report pursuant to Elections Code Section 9212 regarding the Initiative.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows;
The City Council hereby refersthe Initiativeto the City Manager for the Cityof Newport Beach forthe preparationof a report (“Report”)pursuant to pursuant to Elections Code Section 9212;
Section 1:
The Report shalladdress the following as itpertainsto the Initiative; (1) itsfiscalimpact: (2) itseffecton the internalconsistency of the city’sgeneral and specific plans, including the housing element, the consistency between planning and zoning, and the limitationson cityactions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division1 of Title7 of the Government Code: (3) itseffecton the use of land, the impact on the availabilityand locationof housing, and the abilityof the cityto meet its regionalhousing needs: (4)itsimpact on funding forinfrastructureof alltypes, including, but not limitedto, transportation,schools, parks, and open space, and whether the measure would be likelyto resultin increased infrastructurecosts or savings, including the costs of infrastructure maintenance, to current residents and businesses: (5) its impact on the community’s abilityto attractand retainbusiness and employment: (6) its impact on the uses of vacant parcels of land:(7) itsimpact on agriculturallands, open space, trafficcongestion, existingbusiness districts,and developed areas designated for revitalization:and (8) ..
Section 2:
The Report shallbe presented to the City Council on December 9,Section 3:
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The City Clerk shall certifythe passage and adoption of this resolutionand enter itintothe book of originalresolutions.
Section 4:
If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityofthe remaining portionsof thisresolution.The City Council hereby declares that itwould have passed thisresolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5:
The recitalsprovided in this resolution are true and correct and are incorporated intothe operative part of thisresolution.
Section 6:
The CityCouncil findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental QualityAct ("CEQA”) pursuant to Public Resources Code Section 21080(b)(1) because the preparation of the Report is exempt from CEQA pursuant to Sections 15060(c)(1) (the activitydoes not involve the exercise of discretionarypowers by a public agency), 15060(c)(3) (the activityis not a projectas defined in Section 15378), and 15060(c)(2) (the activitywill not result in a direct or reasonably foreseeable indirectphysical change in the environment) of the CEQA Guidelines,CaliforniaCode of Regulations,Title14, Division6, Chapter 3.
Section 7:
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Section 8: This resolutionshalltake effectimmediately upon itsadoption by the CityCouncil,and the CityClerk shallcertifythe vote adopting the resolution.
ADOPTED this18th day of November, 2025.
Joe Stapleton
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
city/ttorney’s office
Aaron C. Harp
City Attorney
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