Attachment C
Resolution No. 2024-51
RESOLUTION NO. 2024- 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
GENERAL PLAN LAND USE ELEMENT TO IMPLEMENT
THE GENERAL PLAN HOUSING ELEMENT
IMPLEMENTATION PROGRAM ( PA2022- 0245)
WHEREAS, Section 200 of the City of Newport Beach (" City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, California Government Code Section 65580 et seq. (" State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectivesto further the development, improvement, and preservation of housing;
WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating as necessary for consistency with other General Plan elements;
WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs;
WHEREAS, the City was assigned a Regional Housing Needs Assessment RHNA") allocation of4, 845 new units as itsprojected housingneedfor the planningperiod covering2021-2029 and, as a result, the City workeddiligentlyto prepareits 6thCycle Housing Element in compliance with state law;
WHEREAS, preparationof the 6t" Cycle HousingElementinvolvedextensive public participationwith communitygroups at numerousworkshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee (" HEUAC") formed and appointed by the City Council;
Resolution No. 2024- 51
WHEREAS, after several meetings with the State Department of Housing and Community Development (" HCD") and numerous drafts, the City Council adopted the final 6thCycle Housing Element on September 13, 2022;
WHEREAS, HCD certified the City's 6thCycle Housing Element on October 5, 2022, as statutorily compliant with state law;
WHEREAS, Section4 (Housing Plan) of the 6thCycle HousingElement presents a framework and strategyfor meetingthe needsof existing andfuture residentpopulations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suitedfor residentialgrowth: AirportArea Environs, West Newport Mesa, Newport Center, Dove r/Westcl iff, and Coyote Canyon; WHEREAS, the 6thCycle Housing Element opportunity sites are to be rezoned per Housing ElementPolicyActions 1Athrough 1F to accommodatethe City's RHNAobligation, includinga buffernecessaryto addressfuture "no net loss" of availablesites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoningincludesthe establishmentof overlayzoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6thCycle Housing Element no later than February 2025 (" 6thCycle Housing Element Implementation"), which requires the following amendments and actions:
General Plan Amendment (" GPA") - To revise the necessary goals and/ or policieswithin the City's Land Use Element to support housing production in the focus areas identifiedby the 6thCycle HousingElement; Amendment to Title 20 ( Planning and Zoning) (" ZCA") - To implement the Land Use Element' s policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi - unit residential and mixed - use development projects; Resolution No. 2024- 51
Local Coastal Program Amendment (" LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code NBMC") to support housing production in the focus areas identified by the 6thCycle Housing Elementthat are within the Coastal Zone; and Program Environmental Impact Report (" PEIR") ( SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act (" CEQA") related to the 6th Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report (" Draft PEIR"), to addressreasonablyforeseeableenvironmentalimpactsresultingfromthe 6th Cycle Housing Element Implementation;
WHEREAS, the 6thCycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to:
Increased exposure to public and private litigation,
Loss of permitting authority;
Financialpenalties includingmonthlyfines of up to $600, 000; Loss of eligibilityfor state and regionalfunding sources; Court receivership;
Allowing housingdevelopersto bypassthe City's zoning requirements; and Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD;
WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee (" GPAC") and General Plan Update Steering Committee (" GPUSC") from March 2023 to August 2023 to draft Land Use Elementgoals andpoliciesthat support6thCycleHousingElementImplementation; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online on August 30, 2023, with additional public comments and participation at the Planning Commission Study Session on September 21, 2023, and City Council Study Session on February 13, 2024;
WHEREAS, the draft GPA was revised and reposted online on January 16, 2024, and March 28, 2024, based on the public' s input;
Resolution No. 2024- 51
WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6t" Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (" Ralph M. Brown Act"), Chapter 20. 62 ( Public Hearings) and Chapter 21. 62 ( Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by the Planning Commission at this hearing,
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024- 006 by a unanimous vote ( 5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6t" Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code (" CPUC") Section 21676( b) requires the City to refer the 6t" Cycle Housing Element Implementation to the Orange County Airport Land Use Commission (" ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan (" AELUP");
WHEREAS, on May 16, 2024, the ALUC determined the 6t" Cycle Housing Element Implementation is inconsistent with the AELUP;
WHEREAS, pursuantto Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024- 32 ( 7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; and
Resolution No. 2024- 51
WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20. 62 ( Public Hearings), Chapter 20. 66 ( Amendments), and Chapter 21. 62 ( Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality Act). Evidence both written and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby make the findings attached hereto as Exhibit " A," and incorporated herein by reference, and approves the GPA, which is also attached hereto as Exhibit " B," and incorporated herein by reference.
Section 2: The Housing Element Implementation Program Amendments Final PEIR ( SCH No. 2023060699) was prepared for the 6th Cycle Housing Element Implementation ( also referred to as the " Project") in compliance with the California Environmental Quality Act (" CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations CEQA Guidelines"), and City Council Policy K-3 ( Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024-50, to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the GPA was considered within the PEIR. Resolution No. 2024-50 is hereby incorporated by reference.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Resolution No. 2024- 51
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: This resolution shall take effect upon immediately upon it adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of July, 2024.
ATTEST:
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Leilani I. BrowV City
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AS TO FORM: CITY
ATTORNEY'S OFFICEC.
Aaron
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AttorneyWill
O' NeillMayor
Attachments:
Exhibit " A" — Findingsfor ApprovalExhibit "
B" — GeneralPlan Land Use ElementAmendment
Exhibit " A"
Findings for Approval
General Finding:
An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 ( Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments.
Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 6thCycle Housing Element:
Facts in Support of Finding:
1. According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for " a range of housing opportunities that allows people to live and work in the City."
2. Implementation Program 1.2 further states that amendments to accommodate the City's "fairshare" of regionalhousingdemandwill beconsideredincontextofthese visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan.
3. The proposed GPA, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6th Cycle Housing Element as presented below:
6th Cycle Housing Element Amendments in Support of Housing Implementation Measures Element' s Implementation Measures Housing Goal # 1. Provision of adequate Revised Policies LU 1. 1 through LU 1. 5 sites to accommodate projected housing emphasize the goal of balancing the needs of unit growth needs within the following residents, business and visitors through the identified housing opportunity sites: recognition that Newport Beach is primarily a residential community. The polices underscore
Airport Area Environs the need to preserve and enhance residential West Newport Mesa neighborhoods. The identified sites direct new Newport Center housing opportunities outside of established Dover/ Westcliff residential neighborhoods. The amended Banning Ranch
Policies ensure the continued recognition that
Coyote Canyon Newport Beach is primarily a residential
community.
6tn Cycle Housing Element Amendments in Support of Housing Implementation Measures Element' s Implementation Measures Housing Goal # 2. Quality residential
development and preservation,
conservation and appropriate
redevelopment of housing stock.
Housing Goal # 3. A variety of housing
types, designs, and opportunities for all
social and economic segments.
Housing Goal # 4. Housing opportunities
for as many renter- and owner -occupied
households as possible in response to the
market demand and RHNA obligations for
housing in the City.
Revised Policies LU 2. 2 and LU 2. 5 call for
supporting the development of uses that allow
the City to be a complete community and indicate
that harbor and waterfront Uses contribute to the
charm and character of the City and provide
needed support for residents.
Revised Policy 3.3 ( Transition of Land Uses)
calls for supporting residential opportunities in
West Newport Mesa; residential infill
development along Balboa Boulevard corridor
and facilitating workforce housing in proximity to
jobs, transportation and services in West
Newport Mesa and the Airport Area; and
providing for housing opportunities that
complement nonresidential uses in the Coyote
Canyon Landfill site.
Revised Goal LU 4 Manage growth and change
to:
Support the livability of existing
neighborhoods.
Support residential opportunities that
accommodate the City' s share of the
Regional Housing Needs Assessment.
Promote new uses that are
complimentary to already existing
neighborhoods and uses.
Achieve distinct and economically vital
business and employment districts.
Correlate with supporting infrastructure
and public services.
Sustain Newport Beach' s natural setting.
The above goal supports Housing Goal # 1 as it
accommodates City' s share of RHNA.
Revised Policy LU4. 1 ( Land Use Diagram)
clarifies that density limits exclude increases
allowed through the application of density bonus
laws as stipulated also by State law.
New Policies 4. 4 ( Rezoning to Accommodate
Housing Opportunities); 4. 5 ( Residential Uses
and Residential Densities); 4. 6 ( Continuation of
6th Cycle Housing Element Amendments in Support of Housing Implementation Measures Element' s Implementation Measures Existing Development); and 4.7 (Redevelopment
and Transfer of Development Rights) all support
6` Cycle Housing Element Implementation
Measures. These policies stipulate that
residential opportunities are to be established as
overlay zones which allow for existing uses to
continue. Opportunities for by -right development,
when at least 20 percent or more of units are
affordable to lower - income households, ensures
housing opportunities for all social and economic
segments and ensures streamlined project
review.
Revised Policy LU 5. 1. 3 ( Neighborhood
Identification) calls for the establishment of
objective design and development standards
which ensures Implementation Goals 1 and 2
which stipulate quality design and variety of
housing designs.
Revised Policy LU 6.2.4 ( Accessory Dwelling
Units ( ADU)) supports and promotes the
development of accessory dwelling units and
junior accessory dwellings. This policy fulfills
Implementation Goal # 1 that calls for the City to
aggressively support and accommodate the
construction of at least 240 ADUs.
Revised Policies LU 6. 4. 2 ( Residential); LU 6. 6. 2
Residential Types ( West Newport Mesa); LU
6. 15.4 ( Priority Uses ( Airport Area — Mixed - Use
Districts [ Subarea C, " MU- H2" designation]); LU
6. 15. 28 ( Priority Uses ( Airport Area —
Commercial Nodes ]" CG" designation Sub - Area
C- part]) and LU 6. 15.29 ( Priority Uses ( Airport
Area — Commercial Office District [" CO- G"
designation Sub - Area C— part]) support housing
development or redevelopment within the
opportunity sites identified in the Housing
Element.
Charter Section 423 Analysis Finding:
Unless precluded by state or federal law, Section 423 of the Charter of the City of Newport Beach (" Charter Section 423") requires voter approval for any major amendment to the City's General Plan. A " major amendment" is one that significantly increases allowed intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood defined as a " statistical area" as shown in the General Plan Land Use Element) and adopted within the preceding 10 years.
Council Policy A- 18 ( Guidelines for Implementing Charter Section 423) requires that proposedamendmentsto the GeneralPlan be reviewedto determineif a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as " Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above.
Facts in Support of Finding:
1. If it is determined a Section 423 vote is required, the proposed amendment will not take effect unless approved by a majority of the electorate voting on it.
2. Should the City not implement the 6thCycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a " builder' s remedy" in accordance with Senate Bill 35 effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City' s Vision Statement of the General Plan.
Tribal Consultation ( SB18) Finding:
Pursuant to California Government Code Section 65352. 3 (" SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (" NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources.
Facts in Support of Finding:
Pursuant to SB18, the City requested a Sacred Lands File (" SLF") search on the Project locations from the NAHC on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB18 and Assembly Bill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects.
Fiscal Impact Analysis Finding:
Pursuant to General Plan Implementation Program 12. 1, a fiscal impact analysis is required to be prepared for the Project. This analysis must use the City's fiscal impact model and should calculate public service impacts for specific land uses that support the residential population, the employment base, the visitor population in Newport Beach, public revenuesthat each type of land use typically generatesfor the City, including propertytaxes, salestaxesandothertaxes, aswellas avarietyof userchargesandfees.
The fiscal impact model is designed to calculate the average cost of public services requiredby newdevelopment, on the assumptionthat newdevelopmentaffectsthe City services in approximately the same way that existing development does.
Facts in Support of Finding:
A fiscal impact analysis was prepared for the Housing Element Implementation Program Amendments by Keyser Marston Associates (" KMA") dated July 9, 2024 (" Fiscal Impact Analysis"). As there are no specific projects proposed and the dwelling unit capacity added through implementation does not contemplate any replacement of existing uses, KMA's evaluation is highly conservative and theoretical. In summary, KMA found the following:
Rents, sales prices and assessed values in the City are all very high, benefiting General Fund revenues.
Total buildout of all the potential residential would have a net negative impact on the City's General Fund; however, this may be mitigated if projects continue to be developed at higher price points.
The replacement of land uses that generate minimal public revenues can offset the negative impact of the residential. For example, the recently approved 1400 Bristol Street project demonstrates that office development can have a net negative impact on the General Fund and higher rents/values can significantly reduce the residential impact to the General Fund.
Cities will often adopt a development fee program, negotiate development agreements, and pursue other methods to mitigate the fiscal impact of residential development. KMA understands the City is currently preparing a development fee program, which could potentially offset some of the projected impacts.
EXHIBIT " B"
General Plan Land Use Amendment
General Plan Land Use Element Policy LU 1.1 is amended as follows:
LU 1. 1 Unique Environment
Maintain and enhance the different villages, neighborhoods, business districts, and harbor that define Newport Beachthrough neighborhoodpreservation. Locate and designdevelopmentin away that to reflectsNewportBeach'stopographyand, architecturaldiversitywhileemphasizingtheCity'scoastal orientation, including public views. (Imp 1.1)
General Plan Land Use ElementPolicy LU 1.2 is amended as follows:
LU 1.2 Citywide Identity
RecognizeandsupportthequalitiesthatuniquelydefineNewportBeach'sneighborhoodsanddistricts thatpromoteaCitywideidentityuniqueto theSouthernCaliforniaregion. (Imp 1.1) General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.5 Economic Health
Supportthelocaleconomythroughtheidentificationanddevelopmentof housingopportunities, as well as adequatecommercial, office, medical, industrial, and marine -oriented uses that provide employmentandlocalrevenueopportunities to supporthigh -qualitycommunity servicesfor residents, businesses, andvisitors. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.2 is amended as follows:
LU 2.2 Sustainable and Complete Community
Emphasize and support the development of uses that enable Newport Beach to be a complete communitythatmaintainstheabilityto providelocallyaccessibleopportunitiesfor retail, goodsand services, and employment. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.5 is amended as follows:
LU 2. 5 Harbor and Waterfront Uses
Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of Newport Beachandprovideneededsupportfor residents, boaters, andvisitors, with appropriate regulationsnecessaryto protect the interestsof all usersaswell asadjoining residents. (Imp 1.1, 2.5,
5. 1, 21. 4, 24. 1)
General Plan Land Use Element Policy LU 3.3 is amended as follows:
LU 3. 3 Opportunities for Change
Support opportunities for new development and improved physical environments for residents, businesses, andvisitorsin thefollowingdistrictsandcorridors, asspecifiedin Polices6.3.1 through
6. 22. 7:
West Newport: support consolidation of retail and visitor -serving commercial uses, and new residential opportunities
Santa Ana Heights: support continued implementation of the adopted Specific Plan and Redevelopment Plan
Fashion Island/ Newport Center: support balanced expansion and enhancement of retail uses, hotel rooms, and offices, and developmentof residentialin proximity to jobs and services Balboa Peninsula: supportpatternsof usethat consolidatethePeninsula'svisitor -servingandmixed useswithin thecorecommercialdistricts; encouragemarine -relatedusesespeciallyalongthebayfront; integrate residentialwith retail and visitor -serving usesin Lido Village, McFadden Square, Balboa Village, andalongportionsof the Harbor frontage; re -useinterior parcelsin CanneryVillagefor residential and limited mixed -use and live/ work buildings; and redevelop underperforming properties outsideof the corecommercialdistrictsalongthe BalboaBoulevardcorridorfor residential. Infill development shallbe designedand sited to preservethe historical and architecturalfabric of these districts
Mariners' Mile: support revitalization of existing properties for retail, visitor -serving, and marine - related uses, integrated with residential
Corona del Mar: support enhancementof public improvements andparking (Imp 1.1, 2.1, 5.1) Studyandconsidertheadoptionof specificplansor otherappropriatelanduseguidancefor the following areas:
WestNewport Mesa: ThisareaisgenerallyboundedbytheCityof CostaMesato thenorth, Banning Ranch to the west, StateRoute 55 to the east, and Hospital Road to the south. The areamay be expandedif warranted. The intent is to support a cohesivestrategythat enhancesexistingland use or repurposeunderperformingcommercialandindustrialusesor activitieswhile facilitatingnewand variedhousing, includingworkforcehousingproximateto jobs, transportation, andservices. Future land usesareintendedto be appropriatelylocatedand sizedto accommodatelocal community needs.
Airport Area: ThisareaisgenerallyboundbyJamboreeRoadto theeast, CampusDrive to thenorth and west, and StateRoute 73 to the south. This areamay be expandedsubjectto LU 4.4. This area mustsupportflexiblelanduseplanningfor thereuseandrepurposingof existingnonresidentialuses while allowingfor a varietyof housingopportunitiesinclusiveof workforcehousingproximateto jobs, transportation, supportingcommercial, and services. The intent is to supportand provide neighborhoodparksor otherrecreationalopportunities, andotherpublicservices. Developmentin this area should contribute to a cohesive urban, mixed - use character where residents and visitors can live, work, shop, accessservices, andplay.
Coyote Canyon Landfill: This approximately 375-acre open spacearea is generally bound by Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned Communityto thewestandsouth. Theintentfor thisareais to supportacomprehensivevisionthat balancesfuture land useswith environmental stewardshipand public access. Future development should adaptthe closedlandfill asan areathat supportsavariety of outdoor recreationalusessuchas golf, hiking, and nature interpretation alongside housing opportunities with complementary nonresidential uses.
General Plan Land Use Element Goal LU 4 is amended as follows:
LU 4
Managementof growth and changeto:
Support the livability of existingneighborhoods.
Supportresidentialopportunities that accommodatethe City's shareof the RegionalHousing Needs Assessment.
Promote new usesthat arecomplementaryto alreadyexistingneighborhoodsand uses.
Achieve distinct andeconomicallyvital businessand employmentdistricts.
Correlatewith supportinginfrastructure and public services.
SustainNewport Beach'snatural setting.
General Plan Land Use Element Policy LU 4.1 is amended as follows:
LU 4. 1 Land Use Diagram
Support land use development consistent with the Land Use Plan. Figure LU1 depicts the general distributionof usesthroughoutthe City andFigureLU2 throughFigureLU15 depictspecificuse categoriesfor eachparcelwithin definedStatisticalAreas. TableLU1 (LandUsePlanCategories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensitiesto bepermitted. Thepermitteddensities/intensitiesor amountof development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, FigureLU4 through FigureLU15. Theseareintended to conveymaximum and, in somecases, minimumsthatmaybepermittedon anyparcelwithin the designationor asotherwisespecifiedby Table LU2 (Anomaly Locations).
Thedensity/intensityrangesexcludeincreasesallowedthroughtheapplicationsof densitybonuslaws and are calculatedbasedon actual land area, actual number of dwelling units in fully developed residentialareas, and developmentpotentialin areaswhere the GeneralPlan allowsadditional development.
To determinethepermissibledevelopment, theusershould:
a. IdentifytheparcelandtheapplicablelandusedesignationontheLandUsePlan, FigureLU4 through Figure LU15
b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted usesand permitteddensityorintensityor amountof developmentfor thelanduseclassification. Where densities/intensitiesareapplicable, the maximum amount of developmentshallbe determinedby multiplyingtheareaof theparcelby thedensity/intensity.
c. For anomaliesidentifiedon theLandUseMapby asymbol, referto TableLU2 to determinethe precisedevelopmentlimits.
d. For residentialdevelopmentin theAirport Area., refer to the policiesprescribedby the Land Use Elementthatdefinehowdevelopmentmayoccur. (Imp 2.1, 5.1, 10.2) General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows:
LU 4.4 Rezoning to Accommodate Housing Opportunities
Accommodatehousingopportunitiesthroughthe adoptionof housingopportunityoverlayzoning districtsor other land useregulatorypolicy. The following areasareintendedto be consistentwith the HousingElement'sfocusareas. Propertieswithineachoverlaydistrictshouldinclude, butarenotlimited to, sitesidentifiedin theHousingElement; however, not all sitesmustbeincluded, andothersitesor adjustmentsmaybeidentifiedin thefuturethroughrezoningunlessprecludedby statelaw. Thegoalis to ensurean adequatenumber of sitesCitywide to accommodatethe City's overall allocationof the Regional Housing Needs Assessment:
Airport Environs: theintent is to supporta densitybetween20 and50dwellingunits per gross acreto accommodateup to 2,577total dwellingunitswithin the area.
West Newport Mesa: the intent is to support a densitybetween20 and 50 dwellingunits per grossacreto accommodateup to 1,107total dwellingunitswithin thearea.
Newport Center: theintent is to supporta densitybetween20 and 50 dwellingunits per gross acreto accommodateup to 2,439total dwellingunitswithin thearea. unitspergrossacre.
Dover / Westcliff: theintent is to supporta densitybetween20and50 dwellingunitsper gross acre to accommodate up to 521 total dwelling units within the area.
Coyote Canyon: theintent is to allowa densitybetween20and 60dwellingunits per grossacre of viableland to accommodateup to 1,530total dwellingunitswithin thearea.
General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows:
LU 4.5 Residential Uses and Residential Densities
Residentialuseof anypropertyincludedwithinanestablishedhousingopportunityoverlayzoningdistrict is allowedregardlessof andin addition to the underlyingland usecategoryor densitylimit established throughPolicyLU 4.1, TableLU 1 andTableLU 2, or anyotherconflictin theLandUseElement. A generalplanamendmentis not requiredto developa residentialusewithinanestablishedhousing opportunityzoningoverlaydistrict. The maximumdensityspecifiedfor thevariousoverlaydistricts specifiedin PolicyLU 4.2isanaverageovertheentirepropertyorprojectsite. Forexample, aportionof a developmentsitemaybe developedat a higherdensitythanspecifiedby Policy4.4 providedother portionsofthesitearedevelopedatlowerdensitiessuchthattheaveragedoesnotexceedthemaximum.
Densitycalculationsandtotalunitsidentifiedin LU 4.4 donotincludeunitsidentifiedaspipelineunits orunitspermittedpursuantto Statedensitybonuslaw.
General Plan Land Use Element Policy LU 4.6 is added in its entirety as follows:
LU 4.6 Continuation of Existing Development
Residentialopportunitiesarein addition to existingusesallowedby the GeneralPlan. Propertieswithin theestablishedoverlayzonesarenotrequiredto bedevelopedformixed -useorresidential. Existinguses maycontinuetooperateprovidedtheyarelegallyestablishedandconsistentwithpoliciesandregulations relatedtolegalnonconfornvnguses. Theadoptionofhousingopportunityoverlaydistrictsshallnotaffect existing rights to use the property.
General Plan Land Use Element Policy LU 4.7 is added in its entirety as follows:
LU 4.7 Redevelopment and Transfer of Development Rights Within an establishedhousingopportunityoverlayzoneandnotwithstandingPolicyLU 6.15.5, the intensityof existingallowedusesof a sitemaybereconstructedonthesiteaspartof a mixed -use developmentprovidedthegrossfloorareaallowedbytheGeneralPlanis notincreased, unlessit is increasedthroughaGeneralPlanamendmentor densitybonusconcession. The intensityof existinguses maybeconvertedtootherusesallowedbytheunderlyingGeneralPlanlandusecategoryprovidedthat averagedailytripsandpeakhourtraffictripsarenotincreasedabovethetripsfromtheexistingallowed use. For example, officeintensitymaybeconvertedto retailorservicecommercial, restaurants, or other nonresidentialusesprovidedthe GeneralPlanlandusecategoryallowstheseuses. Nonresidential intensitynotincludedasacomponentof afutureresidentialprojectwillremainwithintheGeneralPlan allocationson astatisticalarea -wide basis. The City Councilmaytransfertheintensityof auseto another sitewithin theStatisticalArea consistentwith PolicyLU 4.3 or PolicyLU 6.15.3.
General Plan Land Use Element Policy LU 5.1.3 is amendedas follows:
LU 5. 1.3 Neighborhood Identification
Encourage and support residential neighborhood identity through the establishmentof objective designand developmentstandardsthat will distinguishneighborhoodsfrom othersin the City. (Imp
1. 1, 1.3)
General Plan Land Use Element Policy 6.2.4 is amended as follows:
LU 6.2.4 Accessory Dwelling Units
Supportandpromotethedevelopmentof accessorydwellingunitsandjunioraccessorydwellingunits in all zonesthatwill allowresidentialunits, to providea moreaffordablehousingoption thathelps theCitymeetitshousingproductiongoalswhileminimizingtheneedtorezoneforadditionalfuture capacity. (Imp 2.1)
General Plan Land Use Element Policy 6.4.2 is amended as follows:
LU 6. 4. 2 Residential
Accommodate a maximum of 1,475 residential units, which shall consist of a tni_x of single-family detached, attached, andmulti -familyunitsto providearangeof choicesandpricesfor residents. (Imp
2. 1)
General Plan Land Use Element Policy 6.6.2 is amended as follows:
LU 6. 6. 2 Residential Types
Support the developmentof a mix of residentialtypesconsistentwith the densitiespermitted by the GeneralPlan (FigureLU18), which may include single-family attached, townhomes, apartinents, and comparableunits, provideddie overallaverageprojectdensityof 20to 50dwellingunitsper acreis not exceeded. (Imp 2.1)
General Plan Land Use Element Policy6.10.2 is strickenand removedin its entirety.
General Plan Land Use Element Policy6.10.3 is stricken and removed in its entirety.
General Plan Land Use Element Policy6.12.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy6.15.4 is amended as follows:
LU 6.15.4 Priority Uses
Accommodateoffice, researchand development, andsimilar usesthat support the prunaiy office and businessparkfunctionssuchasretailandfinancialservices, asprescribedfor the "CO-G" designation, whileallowingfor there -useof propertiesfor thedevelopmentof cohesivemixed -useandresidential developments that are integrated with business park uses. (Imp 2.1) General Plan Land Use Element Policy6.15.28 is amended as follows:
LU 6.15.28 Priority Uses
Encouragethe developmentof retail, financialservices, dining, hotel, and other usesthat support the JohnWayneAirport, theAirportArea'sofficeuses, and, asdevelopedorredeveloped, itsresidential neighborhoods, as well as automobile salesand supporting usesat the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 24.1)
General Plan Land Use Element Policy 6. 15.29 is amended as follows:
LU 6.15.29 Priority Uses
Encourage the developmentof administrative, professional, and office usesthat are proximate or adjacentto residentialuses; with accessoryretail and serviceusesthat provide jobs for residentsand benefit adjoining mixed -usedistricts. (Imp 2.1, 24.1)
Exhibit " A"
Findings for Approval
General Finding:
An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 ( Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments.
Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 6thCycle Housing Element:
Facts in Support of Finding:
1. According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for " a range of housing opportunities that allows people to live and work in the City."
2. Implementation Program 1. 2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan.
3. The proposed GPA, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6t" Cycle Housing Element as presented below:
6tt' Cycle Housing Element Amendments in Support of Housing Implementation Measures Element' s Implementation Measures Housing Goal # 1. Provision of adequate Revised Policies LU 1. 1 through LU 1. 5 sites to accommodate projected housing emphasize the goal of balancing the needs of unit growth needs within the following residents, business and visitors through the identified housing opportunity sites: recognition that Newport Beach is primarily a residential community. The polices underscore
Airport Area Environs the need to preserve and enhance residential West Newport Mesa neighborhoods. The identified sites direct new Newport Center housing opportunities outside of established Dover/ Westcliff residential neighborhoods. The amended Banning Ranch
Policies ensure the continued recognition that
Coyote Canyon Newport Beach is primarily a residential
community.
6t" Cycle Housing Element Amendments in Support of Housing Implementation Measures Element' s Implementation Measures Housing Goal # 2. Quality residential
development and preservation,
conservation and appropriate
redevelopment of housing stock.
Housing Goal # 3. A variety of housing
types, designs, and opportunities for all
social and economic segments.
Housing Goal # 4. Housing opportunities
for as many renter- and owner -occupied
households as possible in response to the
market demand and RHNA obligations for
housing in the City.
Revised Policies LU 2. 2 and LU 2. 5 call for
supporting the development of uses that allow
the City to be a complete community and indicate
that harbor and waterfront Uses contribute to the
charm and character of the City and provide
needed support for residents.
Revised Policy 3.3 ( Transition of Land Uses)
calls for supporting residential opportunities in
West Newport Mesa; residential infill
development along Balboa Boulevard corridor
and facilitating workforce housing in proximity to
jobs, transportation and services in West
Newport Mesa and the Airport Area; and
providing for housing opportunities that
complement nonresidential uses in the Coyote
Canyon Landfill site.
Revised Goal LU 4 Manage growth and change
to:
Support the livability of existing
neighborhoods.
Support residential opportunities that
accommodate the City' s share of the
Regional Housing Needs Assessment.
Promote new uses that are
complimentary to already existing
neighborhoods and uses.
Achieve distinct and economically vital
business and employment districts.
Correlate with supporting infrastructure
and public services.
Sustain Newport Beach' s natural setting.
The above goal supports Housing Goal # 1 as it
accommodates City' s share of RHNA.
Revised Policy LU4. 1 ( Land Use Diagram)
clarifies that density limits exclude increases
allowed through the application of density bonus
laws as stipulated also by State law.
New Policies 4. 4 ( Rezoning to Accommodate
Housing Opportunities); 4. 5 ( Residential Uses
and Residential Densities); 4. 6 ( Continuation of
6th Cycle Housing Element
Implementation Measures
Amendments in Support of Housing
Element' s Implementation Measures
Existing Development); and 4.7 (Redevelopment
and Transfer of Development Rights) all support
61h Cycle Housing Element Implementation
Measures. These policies stipulate that
residential opportunities are to be established as
overlay zones which allow for existing uses to
continue. Opportunities for by -right development,
when at least 20 percent or more of units are
affordable to lower - income households, ensures
housing opportunities for all social and economic
segments and ensures streamlined project
review.
Revised Policy LU 5. 1. 3 ( Neighborhood
Identification) calls for the establishment of
objective design and development standards
which ensures Implementation Goals 1 and 2
which stipulate quality design and variety of
housing designs.
Revised Policy LU 6.2.4 ( Accessory Dwelling
Units ( ADU)) supports and promotes the
development of accessory dwelling units and
junior accessory dwellings. This policy fulfills
Implementation Goal # 1 that calls for the City to
aggressively support and accommodate the
construction of at least 240 ADUs.
Revised Policies LU 6. 4. 2 ( Residential); LU 6. 6. 2
Residential Types ( West Newport Mesa); LU
6. 15.4 ( Priority Uses ( Airport Area — Mixed - Use
Districts [ Subarea C, " MU- 112" designation]); LU
6. 15. 28 ( Priority Uses ( Airport Area —
Commercial Nodes ]" CG" designation Sub - Area
C- part]) and LU 6. 15.29 ( Priority Uses ( Airport
Area — Commercial Office District [" CO- G"
designation Sub - Area C— part]) support housing
development or redevelopment within the
opportunity sites identified in the Housing
Element.
Charter Section 423 Analysis Finding:
Unless precludedby state orfederal law, Section 423 of the Charter of the City of Newport Beach (" Charter Section 423") requires voter approval for any major amendment to the City' s General Plan. A " major amendment" is one that significantly increases allowed intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than 100 peak hour vehicle trips ( AM/ PM), or increases residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus 80% of the increases resulting from other amendments affecting the same neighborhood defined as a " statistical area" as shown in the General Plan Land Use Element) and adopted within the preceding 10 years.
Council Policy A-18 ( Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as " Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above.
Facts in Support of Finding:
If it is determined a Section 423 vote is required, the proposed amendment will not take effect unless approved by a majority of the electorate voting on it.
2. Should the City not implement the 6t" Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a " builder' s remedy" in accordance with Senate Bill 35 effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City' s Vision Statement of the General Plan.
Tribal Consultation ( SB18) Finding:
Pursuant to California Government Code Section 65352. 3 (" SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (" NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources.
Facts in Support of Finding:
Pursuant to SB18, the City requested a Sacred Lands File (" SLF") search on the Project locations from the NAHC on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB18 and Assembly Bill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects.
Fiscal Impact Analysis Finding:
Pursuant to General Plan Implementation Program 12. 1, a fiscal impact analysis is required to be prepared for the Project. This analysis must use the City's fiscal impact model and should calculate public service impacts for specific land uses that support the residential population, the employment base, the visitor population in Newport Beach, 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 fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects the City services in approximately the same way that existing development does.
Facts in Support of Finding:
A fiscal impact analysis was prepared for the Housing Element Implementation Program Amendments by Keyser Marston Associates (" KMA") dated July 9, 2024 (" Fiscal Impact Analysis"). As there are no specific projects proposed and the dwelling unit capacity added through implementation does not contemplate any replacement of existing uses, KMA' s evaluation is highly conservative and theoretical. In summary, KMA found the following:
Rents, sales prices and assessed values in the City are all very high, benefiting General Fund revenues.
Total buildout of all the potential residential would have a net negative impact on the City' s General Fund; however, this may be mitigated if projects continue to be developed at higher price points.
The replacement of land uses that generate minimal public revenues can offset the negative impact of the residential. For example, the recently approved 1400 Bristol Street project demonstrates that office development can have a net negative impact on the General Fund and higher rents/values can significantly reduce the residential impact to the General Fund.
Cities will often adopt a development fee program, negotiate development agreements, and pursue other methods to mitigate the fiscal impact of residential development. KMA understands the City is currently preparing a development fee program, which could potentially offset some of the projected impacts.
EXHIBIT " B"
General Plan Land Use Amendment
General Plan Land Use Element Policy LU 1.1 is amended as follows:
LU 1.1 Unique Environment
Maintain and enhance the different villages, neighborhoods, business districts, and harbor that define NewportBeachthroughneighborhoodpreservation. Locateanddesigndevelopmentin awaythatto reflectsNewportBeach'stopographyand, architecturaldiversitywhileemphasizingtheCity'scoastal orientation, including publicviews. (Imp 1.1)
General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.2 Citywide Identity
RecognizeandsupportthequalitiesthatuniquelydefineNewportBeach'sneighborhoodsanddistricts thatpromoteaCitywideidentityuniqueto theSouthernCaliforniaregion. (Imp 1.1) General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.5 Economic Health
Supportthe localeconomythroughtheidentificationanddevelopmentof housingopportunities, as well as adequatecommercial, office, medical, industrial, and marine -orientedusesthat provide employmentandlocalrevenueopportunitiesto supporthigh -qualitycommunityservicesfor residents, businesses, andvisitors. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.2 is amended as follows:
LU 2.2 Sustainable and Complete Community
Emphasize and support the development of uses that enable Newport Beach to be a complete communitythatmaintainstheabilityto providelocallyaccessibleopportunitiesfor retail, goodsand services, andemployment. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.5 is amended as follows:
LU 2. 5 Harbor and Waterfront Uses
Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of NewportBeachandprovideneededsupportfor residents, boaters, andvisitors, with appropriate regulationsnecessaryto protectthe interestsof all usersaswellasadjoiningresidents. (Imp 1.1, 2.5,
5. 1, 21. 4, 24. 1)
General Plan Land Use Element Policy LU 3.3 is amended as follows:
LU 3. 3 Opportunities for Change
Supportopportunitiesfor new developmentand improvedphysicalenvironmentsfor residents, businesses, andvisitorsin thefollowingdistrictsandcorridors, asspecifiedin Polices6.3.1through
6. 22. 7:
West Newport: support consolidationof retail and visitor -servingcommercialuses, and new residential opportunities
Santa Ana Heights: support continued implementation of the adopted Specific Plan and Redevelopment Plan
Fashion Island/ Newport Center: support balanced expansion and enhancement of retail uses, hotel rooms, andoffices, anddevelopmentof residentialin proximity -to jobsandservices BalboaPeninsula: supportpatternsof usethatconsolidatethePeninsula'svisitor -servingandmixed useswithinthecorecommercialdistricts; encouragemarine -relatedusesespeciallyalongthebayfront; integrateresidentialwith retailandvisitor -servingusesin Lido Village, McFaddenSquare, Balboa Village, and alongportionsof the Harbor frontage; re -useinteriorparcelsin CanneryVillagefor residentialandlimitedmixed -useandlive/workbuildings; andredevelopunderperformingproperties outsideof the corecommercialdistrictsalongthe BalboaBoulevardcorridorfor residential. Infill developmentshallbe designedandsitedto preservethe historicalandarchitecturalfabricof these districts
Mariners' Mile: supportrevitalizationof existingpropertiesfor retail, visitor -serving, andmarine - related uses, integrated with residential
Coronadel Mar: supportenhancementof publicimprovementsandparking (Imp 1.1, 2.1, 5.1) Studyand considerthe adoptionof specificplansor other appropriatelanduseguidancefor the followingareas:
WestNewport Mesa: Thisareaisgenerally -boundedby -theCityof CostaMesato thenorth, Banning Ranchto the west, StateRoute55 to the east, andHospitalRoadto the south. The areamaybe expandedif warranted. Theintentisto supportacohesivestrategythatenhancesexistinglanduseor repurposeunderperformingcommercialand industrialusesor activitieswhile facilitatingnew and variedhousing, includingworlorce housingproximateto jobs, transportation, andservices. Future landusesareintendedto beappropriatelylocatedandsizedto accommodatelocalcommunityneeds.
Airport Area: Thisareaisgenerallyboundby -JamboreeRoadto theeast, CampusDriveto thenorth andwest, andStateRoute73to the south. This areamaybe expandedsubjectto LU 4.4. Thisarea mustsupportflexiblelanduseplanningfor thereuseandrepurposingof existingnonresidentialuses while allowingfor a varietyof housingopportunitiesinclusiveof workforcehousingproximateto jobs, transportation, supportingcommercial, andservices. Theintentis to supportandprovide neighborhoodparksor otherrecreationalopportunities, andotherpublicservices. Developmentin this area should contribute to a cohesive urban, mixed -use character where residents and visitors can live, work, shop, accessservices, andplay.
Coyote Canyon Landfill: This approximately375-acre open spaceareais generallybound by Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned Communityto thewestandsouth. Theintentfor thisareais to supporta comprehensivevisionthat balancesfuture landuseswith environmentalstewardshipandpublic access. Futuredevelopment shouldadapttheclosedlandfillasanareathatsupportsavarietyof outdoorrecreationalusessuchas golf, hiking, and nature interpretationalongsidehousing opportunitieswith complementary nonresidential uses.
General Plan Land Use Element Goal LU 4 is amended as follows:
LU 4
Managementof growthandchangeto:
Supportthelivabilityof existingneighborhoods.
SupportresidentialopportunitiesthataccommodatetheCity'sshareof theRegionalHousing Needs Assessment.
Promotenewusesthatarecomplementaryto alreadyexistingneighborhoodsanduses.
Achievedistinctandeconomicallyvitalbusinessandemploymentdistricts.
Correlatewith supportinginfrastructureandpublicservices.
SustainNewportBeach'snaturalsetting.
General Plan Land Use Element Policy LU 4.1 is amended as follows:
LU 4. 1 Land Use Diagram
Supportlandusedevelopmentconsistentwith the Land UsePlan. FigureLU1 depictsthe general distributionof usesthroughoutthe City andFigureLU2 throughFigureLU15 depictspecificuse categoriesfor eachparcelwithin definedStatisticalAreas. TableLU1 (LandUsePlanCategories) specifiesthe primary land use categories, types of uses, and, for certain categories, the densities/intensitiesto bepermitted. Thepermitteddensities/intensitiesoramountof development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, FigureLU4 throughFigureLU15. Theseareintendedto conveymaximumand, in somecases, minimumsthatmaybepermittedonanyparcelwithinthedesignationor asotherwisespecifiedby Table LU2 (Anomaly Locations).
Thedensity/intensityrangesexcludeincreasesallowedthroughtheapplicationsof densitybonuslaws and are calculatedbasedon actuallandarea, actualnumberof dwellingunits in fully developed residentialareas, anddevelopmentpotentialin areaswherethe GeneralPlanallowsadditional development.
To determinethepermissibledevelopment, theusershould:
a. IdentifytheparcelandtheapplicablelandusedesignationontheLandUsePlan, FigureLU4 through Figure LU15
b. Referto FigureLU4 throughFigureLU15 andTableLU1 to identifythe permittedusesand permitteddensityor intensityor amountof developmentfor thelanduseclassification. Where densities/intensitiesareapplicable, themaximumamountof developmentshallbedeterminedby multiplyingtheareaof theparcelbythedensity/intensity.
c. For anomaliesidentifiedontheLandUseMapby a symbol, referto TableLU2 to determinethe precisedevelopmentlimits.
d. For residentialdevelopmentin theAirport Area., referto thepoliciesprescribedbytheLandUse Elementthatdefinehowdevelopmentmayoccur. (Imp 2.1, 5.1, 10.2) General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows:
LU 4.4 Rezoning to Accommodate Housing Opportunities
Accommodatehousingopportunitiesthroughthe adoptionof housingopportunityoverlayzoning districtsor otherlanduseregulatorypolicy. Thefollowingareasareintendedto beconsistentwiththe HousingElement'sfocusareas. Propertieswithineachoverlaydistrictshouldinclude, butarenotlimited to, sitesidentifiedin theHousingElement; however, notallsitesmustbeincluded, andothersitesor adjustmentsmaybeidentifiedinthefuturethroughrezoningunlessprecludedbystatelaw. Thegoalis to ensurean adequatenumberof sitesCitywideto accommodatethe City's overallallocationof the RegionalHousingNeedsAssessment:
Airport Environs: theintentisto supportadensitybetween20and50dwellingunitspergross acreto accommodateupto 2,577totaldwellingunitswithinthearea.
WestNewport Mesa: theintentisto supporta densitybetween20and50dwellingunitsper grossacreto accommodateupto 1,107totaldwellingunitswithinthearea.
Newport Center: theintentisto supportadensitybetween20and50dwellingunitspergross acreto accommodateupto 2,439totaldwellingunitswithinthearea. unitspergrossacre.
Dover / Westcliff theintentisto supportadensitybetween20and50dwellingunitspergross acreto accommodateupto 521totaldwellingunitswithinthearea.
CoyoteCanyon: theintentisto allowadensitybetween20and60dwellingunitspergrossacre of viablelandto accommodateupto 1,530totaldwellingunitswithinthearea.
General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows:
LU 4. 5 Residential Uses and Residential Densities
Residentialuseof anypropertyincludedwithinanestablishedhousingopportunityoverlayzoningdistrict isallowedregardlessof andin additionto theunderlyinglandusecategoryor densitylimit established throughPolicyLU 4.1, TableLU 1andTableLU 2, or anyotherconflictin theLandUseElement. A generalplanamendmentis not requiredto developa residentialusewithinanestablishedhousing opportunityzoningoverlaydistrict. Themaximumdensityspecifiedfor thevariousoverlaydistricts specifiedinPolicyLU4.2isanaverageovertheentirepropertyorprojectsite. Forexample, aportionof adevelopmentsitemaybedevelopedata higherdensitythanspecifiedbyPolicy4.4 providedother portionsofthesitearedevelopedatlowerdensitiessuchthattheaveragedoesnotexceedthemaximum Densitycalculationsandtotalunitsidentifiedin LU 4.4 do not includeunitsidentifiedaspipelineunits orunitspermittedpursuantto Statedensitybonuslaw.
General Plan Land Use Element Policy LU 4.6 is added in its entirety as follows:
LU 4.6 Continuation of Existing Development
Residentialopportunitiesarein additionto existingusesallowedbytheGeneralPlan. Propertieswithin theestablishedoverlayzonesarenotrequiredto bedevelopedfor mixed -useorresidential. Existinguses maycontinuetooperateprovidedtheyarelegallyestablishedandconsistentwithpoliciesandregulations relatedto legalnonconforminguses. Theadoptionofhousingopportunityoverlaydistrictsshallnotaffectexisting rights to usethe property. General
Plan Land Use ElementPolicy LU 4. 7 is addedin itsentiretyas follows: LU
4. 7 Redevelopmentand Transferof DevelopmentRights Within an establishedhousing opportunityoverlay zone and notwithstandingPolicy LU 6. 15.5, theintensity of existingalloweduses of a sitemaybe reconstructedon thesiteas partof a mixed -use development provided the grossfloor areaallowedby theGeneralPlan is notincreased, unless it isincreased through a GeneralPlan amendmentor densitybonusconcession. The intensityofexisting uses may be convertedto otherusesallowedby theunderlyingGeneral Plan landusecategoryprovidedthat average daffy tripsandpeakhourtraffictrips are notincreasedabove the tripsfromthe existingalloweduse.
For example, office intensitymaybe convertedto retailor servicecommercial, restaurants, or othernonresidential uses providedthe GeneralPlan land use categoryallows these uses. Nonresidentialintensity not includedas a componentof a futureresidentialproject will remainwithin the GeneralPlan allocations on a statisticalarea - widebasis. The GityCouncilmaytransferthe intensityof a useto anothersite withinthe StatisticalArea consistentwith PohcyLU4. 3 orPolicyLU6. 15.3. General Plan Land Use ElementPolicy LU 5. 1.3 is amendedas follows: LU
5. 1. 3 NeighborhoodIdentification Encourage
and supportresidentialneighborhoodidentity throughthe establishmentof objectivedesign and developmentstandards that will distinguishneighborhoodsfrom othersin theCity. (Imp 1. 1, 1. 3) General
Plan Land Use ElementPolicy 6. 2.4 is amendedas follows: LU
6. 2.4 AccessoryDwelling Units Support
and promotethe developmentof accessorydwelling units and junioraccessorydwelling units in allzonesthat will allowresidentialunits, to providea moreaffordablehousing option that helpsthe Citymeetits housingproductiongoals whileminimizingthe needto rezonefor additionalfuture capacity. ( Imp 2. 1)
General Plan Land Use Element Policy 6.15.29 is amended as follows:
LU 6.15.29 Priority Uses
Encouragethe developmentof administrative, professional, andoffice usesthat areproximateor adjacentto residentialuses; with accessoryretailandserviceusesthatprovidejobsfor residentsand benefitadjoiningmixed -usedistricts. (Imp 2.1, 24.1)
General Plan Land Use Element Policy 6.4.2 is amended as follows:
LU 6. 4. 2 Residential
Accommodate a maximum of 1,475 residentialunits, which shall consist of a mix of single-family detached, attached, andmulti-familyunitstoprovidearangeofchoicesandpricesforresidents. (Imp
2. 1)
General Plan Land Use Element Policy 6.6.2 is amended as follows:
LU 6. 6. 2 Residential Types
Supportthedevelopmentof amix of residentialtypesconsistentwith thedensitiespermittedby the GeneralPlan (FigureLU18), whichmayincludesingle-familyattached, townhomes, apartments, and comparableunits, providedtheoverallaverageprojectdensityof 20to 50dwellingunitsperacreis not exceeded. (Imp 2.1)
General Plan Land Use Element Policy 6.10.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.10.3 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.12.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.15.4 is amended as follows:
LU 6.15.4 Priority Uses
Accommodateoffice, researchanddevelopment, andsimilarusesthatsupporttheprimaryofficeand businessparkfunctionssuchasretailandfinancialservices, asprescribedforthe " CO- G" designation, whileallowingforthere -useof propertiesfor thedevelopmentofcohesivemixed -useandresidential developmentsthatareintegratedwith businessparkuses. (Imp 2.1) General Plan Land Use Element Policy 6.15.28 is amended as follows:
LU 6.15.28 Priority Uses
Encouragethedevelopmentof retail, financialservices, dining, hotel, andotherusesthatsupportthe JohnWayneAirport, theAirportArea'sofficeuses, and, asdevelopedorredeveloped, itsresidential neighborhoods, aswell asautomobilesalesand supportingusesat the MacArthurBoulevardand BristolStreetnode. (Imp 2.1, 24.1)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2024- 51 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held onthe 23rdday of July, 2024; and the same was so passed and adopted by the following vote, to wit:
AYES: Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
ABSTAINED: Mayor Will O' Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of July, 2024,
yl 4
Leilani I. Brown
City Clerk
Newport Beach, California
LALtFON