Cities Index.
General Comments on various items

Newport Beach City Council
July 14, 2026

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General Comments on various items
Meeting
July 14, 2026
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Newport Beach City Council
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Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

July 14, 2026, 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 IV. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED

ON

A

FUTURE

AGENDA

(NON-DISCUSSION

ITEM)
The Council is apparently being asked to consider having staff prepare, for consideration at a future

meeting,

resolutions

taking

a

position

on

four

statewide

propositions

expected

to

appear

on

the

November

3,

2026,

ballot.

I

consider

such

things

a

waste

of

public

resources.

Not

only

is

the

world

unlikely

to

note

or

long

remember

the

positions

taken

by

the

Council,

but

the

resolutions,

if

prepared,

will

represent

only

the

preferences

of

a

majority

of

the

seven

people

on

the

Council,

and

not

the

views

of

the

city’s

residents

(which

the

Council

has

no

way

of

knowing).

Item 1. Approval of Minutes The passages shown in italics below are from the draft minutes of the June 23, 2026, Regular City Council Meeting, with suggested corrections shown in strikeout underline format. The draft

minutes

have

been

posted

as

a

9-page

PDF

without

page

numbers.

The

page

numbers

below

refer

to

the

position

in

the

PDF.

Page 3 ends

Lifeguard

All-Hands

meeting,

the

Newport

Beach

Junior

Guards

Summer

Kickoff,

and

the
Oasis OASIS Senior Center Wine and Cheese event. ” Page 4 , Item IV. CONSENT CALENDAR:

Comment : Starting with this page, the minutes have been shortened by listing the Consent

Calendar

items,

with

the

exception

of

Item

1,

by

title

only,

omitting

the

description

of

what

action(s)

were

recommended

and

taken

under

those

titles.

This

creates

a

problem

in

that

for

what

is

likely

the

first

time

in

the

City’s

history,

the

minutes

will

not

provide

a

record

of

those

actions.

For

example,

Item

5 (Community

Programs

Grants,

Community

Event

Assistance

and

Strategic

Sponsorship

Recommendations

for

Fiscal

Year

2026

-

27)

appears

in

a

section

titled

“Resolutions

for

Adoption.”

One

might

reasonably

assume

one

or

more

resolutions

were

approved

under

that

title.

But

the

minutes

give

no

hint

as

to

which

one(s)

might

have

been

approved.

Similarly,

Item

15 (Irrigation

Controllers

Replacement

Phase

4 Award

of

Contract

No.

10128-1)

gives

no

hint

of

who

the

contract

was

awarded

to,

or

in

one

amount.

And

Item

20 (Appointments

to

Police

Headquarters

Advisory

Committee)

gives

no

hint

of

who

was

appointed.

This

new

approach

seems

fundamentally

inconsistent

with

responsibility

placed

on

the

City

Clerk

by

City

Charter
Subsection 603(a) “ for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to

such

purpose
.”

A

record

that

fails

to

reflect

such

essential

details

of

the

Council’s

core

actions

would

not

seem

to

be

a

“full”

record.

July 14, 2026, City Council agenda comments - Jim Mosher Page 2 of 9

Page 8 ends

Steering

Committee

collectively

met

over

100

times

and

voted

25–1

to

support

the

draft
.”

Page 9 ends

pre-November

1,

1996

boundaries

receiving

curbside

refuse

service,

Municipal

Code

Section
604.14 6.04.140 may require that the cost of collecting and disposing of recyclables be covered

entirely

by

ad

valorem

tax

revenue,

suggesting

a

supplemental

recycling

charge

for

such

properties

could

be

legally

questionable
.”

Item 2. Ordinance No. 2026-07: Updating Titles 13 (Streets, Sidewalks and

Public

Property)

and

20 (Planning

and

Zoning)

of

the

Newport

Beach

Municipal

Code

Related

to

Personal

Wireless

Service

Facilities
49 pages of new code (plus 33 pages of administrative standards and 47 pages of “master license

agreement”)

is

quite

a

lot

to

review.

Like

most

first

drafts

the

City

produces,

I

feel

this

is

a

product

that

needs

more

discussion

and

revision

before

adoption.

While I appreciate the chance of influencing it is small, in the following I will try to separate the biggest

problems

I

see

with

it

from

the

many

lesser

ones.

Principal Comments

1. The staff report from when this was introduced on June 9 said the structure of the ordinance

was

modeled

after

that

of

Santa

Monica.

While

Santa

Monica

segregated

applications

in

the

public

right-of-way

from

those

on

other

property,

and

this

follows

suit

with

PROW

applications

handled

in

proposed

new

Chapter

13.22 and

other

applications

in

a

revised

Chapter

20.49,

the

biggest

concern

I

have

is

with

the

proposed

novel

introduction

in

proposed

Subsection

20.49.030.B.6

of

an

exemption

from

regulation

of

applications

for

telecom

sites

on

city-owned

land

and

City-held

trust

property.

For

a

city

that

values

local

control,

this

creates

a

gaping

hole

in

regulation

and

is

more

than

a

bit

strange

to

see.

An

application

to

construct

a

freestanding

tower

in

the

middle

of

a

park

or

next

to

a

playground

or

in

the

Central

Library

entryway,

would

fall

under

neither

Chapter

13.22 (since

it

is

not

in

the

PROW)

nor

under

Chapter

20.49 (since

this

new

provision

exempts

it).

If

this

were

adopted

as

written,

it

would

be

subject

only

to

a

rental
agreement negotiated by the City Manager pursuant to Council Policy L-23. And I can hear it now: “Our hands were tied. We don’t like it, but Federal law required us to approve

whatever

was

applied

for”

(because

we

have

no

local

standards

it

would

violate).

Shouldn’t

we

want

to

retain

control

over

installations

in

City

parks,

on

City

buildings

and

in

public

plazas?

Santa

Monica

did

not

do

this.

Why

would

we?

2. The second major concern I have is with the introduction in the revised Chapter 20.49 of a

new

non-appealable

“Administrative

Clearance”

for

approving

certain

applications.

First,

it

would

seem

the

ordinance

fails

to

integrate

it

into

the

overall

structure

of

Title

20,
where one would expect to find it included in Table 5-1 of Chapter 20.50. More importantly, the definition in proposed Section 20.49.020 mischaracterize it as “a ministerial,

non-discretionary

approval”

for

Class

1 (stealth)

and

6409(a)

(minor

changes)

facilities.

But

the

decision

of

what

is,

or

is

not,

“stealth”

is

not

an

entirely

objective

one.

July 14, 2026, City Council agenda comments - Jim Mosher Page 3 of 9 Proposed Section 20.49.070.B.1.c retains the existing requirement that the enclosure chosen

be

“architecturally

compatible

with

the

existing

structure

or

building.”

Like

some

of

the

decisions

required

to

approve

a

“Zoning

Clearance,”

that

is

a

judgement

regarding

which

reasonable

people

can

differ.

Non-objective

judgement

is

needed

to

decide

compliance

with

many

of

the

more

general

Design

Standards

of

Section

20.49.070.A.

Likewise,

to

be

eligible

for

“6409(a)”

processing,

the

proposed

changes

cannot

disrupt

the

original

concealment

plan

or

most

conditions

of

the

original

approval.

That

too

is

subjective.

Zoning

Clearances

are

appealable,

why

would

“AC”’s

not

be?

3. A significant feature of the proposed new Chapter 13.22 seems to be the availability of “Master

License

Agreements.”

It

is

concerning

to

me

that

the

code

does

not

appear

to

establish

any

requirements

for

their

content

nor

define

how

or

by

whom

they

become

approved

(proposed

Section

13.22.050.C

indicates

a

template

will

be

approved

by

the

City

Council,

but

I

cannot

find

the

procedure

by

which

the

actual

agreements

get

signed).

4. Similarly, proposed Section 20.49.030.C requires applications for 6409(a) facilities on private

property

to

be

approved

by

an

“AC,”

but

no

process

or

criteria

for

doing

that

is

defined

(in

contrast

to

the

process

proposed

to

be

needed

when

the

Public

Works

Director

faces

a

similar

decision

in

Section

13.22.090.

5. It is also concerning that per Section 13.22.230, decisions by the Public Works Director, which

will

apparently

be

posted

on

the

City

website,

can

be

appealed

by

the

telecom

applicant,

but

by

no

one

else.

6. Staff may consider this minor, but I do not: the opening clause proposed Subsection

20.49.030.B

(Exempt

Facilities)

is

missing

the

word

“not”

(in

“shall

not

apply”),

without

which

the

subsection’s

intent

is

unintelligible.

Minor Comments

1. I continue to wonder why the City does not allow the installation of small wireless equipment

on

traffic

standards,

which

would

often

seem

the

least

intrusive

location

since

they

are

already

festooned

with

other

equipment.

Should

the

Council

reconsider

this

restriction?

2. I also wonder why the Section 20.49.020 definition of “Class 1 (Stealth/Screened)” facilities

seems

to

restrict

them

to

nonresidential

buildings,

even

though

Section

20.49.040.B.2

would

seem

to

allow

wireless

facilities

on

properties

zoned

for

residential

buildings

of

more

than

five

units.

Why

would

we

allow

facilities

on

them,

but

not

encourage

them

to

be

stealth?

3. It is similarly unclear whether the determination of whether wireless facilities are allowed or

prohibited

on

a

property

should

be

based

on

its

zoning

or

on

its

actual

land

use

at

the

time

of

the

proposal.

4. The June 9 staff report referred to “Community Input” received at a meeting with “concerned

residents”

resulting

in

some

modifications

to

what

had

been

considered

b

the

Planning

Commission.

I

do

not

believe

this

was

an

open

or

advertised

meeting,

and

am

concerned

staff

wrote

this

without

actively

seeking

any

other

community

input.

July 14, 2026, City Council agenda comments - Jim Mosher Page 4 of 9

5. The preamble to the ordinance includes what has become boilerplate in Newport Beach ordinances

since

about

2020,

to

the

effect

that

“

WHEREAS,

Section

200

of

the

City

Charter,

of

the

City

of

Newport

Beach

("City"),

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
("State") .” Although frequently repeated, this is incorrect. Charter Section 200 actually vests those powers in “the City,” not the “City Council.” It is Section 405 which vests in the Council “ All powers of the City … except as otherwise provided in this Charter .” And the

exceptions

are

fairly

large.

For

example,

various

powers

are

vested

in

the

appointed

officers,

and

the

Council

is

prohibited

from

interfering

with

the

City

Manager’s

administration

of

the

City

staff.

6. The ordinance frequently refers to “Section 6409(a),” yet gives the lay reader no hint of what

the

term

entails.

Couldn’t

some

explanation

have

been

included

in

the

definition?

7. The definitions in proposed Chapter 13.22 include references to requirements on “towers other

than

towers

in

the

public

rights-of-way.”

Isn’t

it

confusing

to

include

that

in

code

meant

to

apply

only

to

towers

in

the

public

rights-of-way?

8. In proposed Section 13.22.070, is there a limit on how much time staff can take to notify an

applicant

their

submission

is

incomplete?

9. Proposed Section 13.22.160 seems to be saying that if the City needs to use a previously-permitted

location,

the

occupant

is

automatically

authorized

to

install

a

new

pole

of

their

own

within

500

feet

of

the

old

location.

Shouldn’t

there

be

a

priority

on

using

existing

poles

before

a

new

one

is

authorized?

10. There are obvious typographical errors at the end of proposed Section 13.22.200.B and the

start

of

13.22.200.C.

11. After missing a “not” in the opening clause, the list following Section 20.49.030.B has inconsistent

grammar

(singular

vs.

plural).

12. The list should also be checked for consistency with Section 3.2.4 of the proposed Public Works

standards,

which

exempt

a

“
Personal

wireless

service

facility

or

6409(a)

facility

used

solely

for

wireless-based

reading

of

water,

gas,

or

electric

meters
”

(not

just

electric).

13. The opening sentence of proposed Section 20.49.050 says “Unless exempted pursuant to

Section

20.49.030(B)”

twice.

14. I have many more comments, but am up against the new 4:00 p.m. deadline for submitting

them!

July 14, 2026, City Council agenda comments - Jim Mosher Page 5 of 9 Item 4. Ordinance No. 2026-09: Amending the Newport Beach Municipal

Code

to

Regulate

and

Manage

Certain

Activities

within

Newport

Harbor
This ordinance was introduced as Item 3 on the June 23 consent calendar, and is now scheduled for adoption on the present consent calendar, which means the proposed code changes

will

be

made

with

no

public

discussion

by

the

Council,

and

possibly

no

review

by

its

members.

This increasing practice of adopting ordinances without Council discussion of what they intend to

accomplish

and

whether

the

proposed

code

language

achieves

the

stated

purpose

is

a

problem.

It

frequently

leads

to

the

adoption

of

poorly-written

provisions

whose

intent

is

unclear

or

whose

language

literally

says

something

different

from

the

intent

suggested

in

the

staff

report.

That,

in

turn,

results

in

laws

that

will

be

selectively

enforced,

not

enforced

as

written,

or

enforced

differently

than

written,

and

that

would

likely

not

stand

up

if

challenged

in

court.

They

do

not

result

in

just

or

predictable

outcomes.

In the present case, I have seen written comments from Adam Leverenz questioning the way two

of

the

proposed

code

sections

are

written.

I

agree

they

are

problematic.

Adam’s concerns relate to the proposed revisions to existing NBMC Sec. 17.25.020.H.3 (Vessel Condition—Public Nuisance) found on Page 9 of 11 of the proposed ordinance. The existing code

declares

the

following

to

be

a

nuisance:

“
m.

Installation

of

a

marine

sanitation

device

that

is

not

connected

directly

to

an

internal

holding

tank

at

all

times

while

in

Newport

Bay
.”

That

is

proposed

to

be

revised,

and

two

new

subsections

(“n.”

and

“o.”)

are

proposed

to

be

added.

The present staff report does not disclose what the intent of the revision and additions is. Page 2 of the June 23 staff report provides this description of the proposed changes, but does not disclose what problem is being addressed or how the described changes will solve it: “ NBMC Section

17.25.020(H)(3)

defines

what

constitutes

a

public

nuisance

as

it

relates

to

the

condition

of

a

vessel

in

Newport

Harbor.

The

proposed

revisions

will

make

it

a

public

nuisance

for

any

vessel

docked,

moored

or

anchored

in

Newport

Harbor

to

have

a

portable

or

permanently

installed

marine

sanitation

device

that

is

not

operable

or

connected

to

an

internal

holding

tank.

Additionally,

improvised

waste

containment

methods

such

as

buckets

or

bags

will

be

prohibited.
”
To discover what the changes are attempting to accomplish, one has to go back to Attachment A to a staff report provided to the Harbor Commission as Item 6.3 at their February 11, 2026, meeting. It says: “ This proposal seeks to amend Title 17 of the Newport Beach Municipal Code to

require

that

any

vessel

on

which

a

person

stays

aboard

overnight

be

equipped

with

either

a

legitimate

portable

marine

sanitation

device

(MSD)

—

compliant

with

U.S.

Coast

Guard

and

California

State

Parks

Division

of

Boating

and

Waterways

standards

—

or

a

permanently

installed

and

operable

marine

sanitation

system.

The

use

of

non-compliant,

improvised

waste

containment

methods,

such

as

buckets
,

will

not

be

considered

acceptable
.

…

Ensuring

that

all

overnighting

vessels

are

equipped

with

appropriate

sanitation

systems

reinforces

the

City’s

long-standing

commitment

to

a

clean,

safe,

and

sustainable

harbor

environment

for

all

users
.”

July 14, 2026, City Council agenda comments - Jim Mosher Page 6 of 9 As Adam points out: (1) the applicability is intended to be limited to vessels on which people are actually

staying

overnight,

(2)

for

those,

a

“portable

marine

sanitation

device”
1 is

intended

to

be

an

alternative

to

a

permanently

installed

system,

and

(3)

those

proposing

this

had

specific

examples

of

“improvised

waste

containment

methods”

in

mind.

None of this is evident from the proposed code. Instead, the proposed revisions to subsection “m.” add a new prohibition on use of self-contained

portable

waste

disposal

units

unless

it

can

be

connected

to

a

holding

tank,

which

most

cannot.

How

that

is

intended

to

help

the

harbor

is

unclear.

The proposed new subsection “n.”, intended to address overnight stays, now imposes a new requirement

to

have

such

a

compliant

device

not

just

on

vessels

being

used

for

overnight

stays,

but

on

any

vessel

capable

of

accommodating

an

overnight

stay,

or

even

just

anchoring

in

the

harbor.

That

would

appear

to

impose

the

requirement

on

a

large

fraction

of

the

boats

in

the

harbor,

whether

an

overnight

stay

on

them

is

contemplated

or

not.

The proposed new subsection “o.” prohibits “The use of improvised waste containment methods for

human

or

animal

excreta,”

without

providing

any

guidance

as

to

what

methods

might

be

regarded

as

“improvised.”

I

believe

other

sections

of

Title

17 allow

washing

bird

and

sea

lion

waste

off

boats,

but

to

the

best

of

my

knowledge,

something

like

a

pet

dog

aboard

for

a

while

would

be

difficult

to

potty

train.

What

methods

of

containing

its

waste

would

not

need

to

be

“improvised”?
Why would the Council wish to adopt such poorly-crafted laws? Item 5. Approval of a Professional Services Agreement with Arts Orange

County

to

Manage

Phase

XI

of

the

Sculpture

Exhibition

in

Civic

Center

Park
Section 1 of the contract indicates it will run through July 31, 2030. Yet the Capital Improvement Program the Council adopted as part of Item 19 on June 9 anticipates in FY2028-2029 the award of a construction contract for a new Police Headquarters, quite

possibly

in

the

same

Civic

Center

Park

where

the

Sculpture

Exhibition

that

is

the

subject

of

this

contract

is

expected

to

take

place.

Shouldn’t

the

possibility

of

that

conflict

be

acknowledged

in

this

contact

and

in

Council

discussion

of

it?
In this 11th iteration of the contract, there seems also to be scant attention to its continuing no-bid,

sole-source

nature.

The

predictable

result

is

that

staff

and

the

contractor

settle

into

a

comfortable

pattern

lacking

innovation,

despite

anemic

public

participation

in

the

poll

through

1 The term “marine sanitation device” does not appear to be defined in Title 17. It seems to be used at times

as

a

euphemism

for

what

landlubbers

would

call

a

toilet,

although
technically the term refers not to
the

toilet,

but

to

the

device

to

which

the

toilet

is

connected

to

process

and

store

the

waste

collected.

A

holding

tank

is

one

type

of

MSD

(a

“Type

III”).

The

other

two

types

treat

the

waste

for

discharge.

Connecting

an

MSD

to

a

holding

tank

would

appear

to

be

a

misnomer,

since

the

holding

tank,

not

the

toilet,

is

the

MSD.

A

“portable

MSD”

would

seem

to

be

by

definition

a

self-contained

unit

not

intended

to

be

permanently

attached

to

a

boat,

and

quite

likely

with

no

mechanism

for

connecting

to

a

holding

tank.

July 14, 2026, City Council agenda comments - Jim Mosher Page 7 of 9 which the entries to be exhibited are selected (fewer than 250 residents voting out of a population

of

83,000).

As to that selection process, the vendor continues to recommend, as they always do, that three outside

jurors,

along

with

the

seven

City

Arts

Commissioners,

whittle

the

entries

received

(usually

about

80)

down

to

just

30 or

so

for

the

public

to

vote

on,

despite

that

process

having

been

shown

to

do

nothing

other

than

prevent

the

public

from

seeing

entries

they

might

prefer

to

those

presented

to

them.

One

might

guess

there

are

better

ways,

but

there

is

no

incentive

to

change.

Item 11. Planning Commission Agenda for the July 9, 2026, Meeting As the report will show, the Commission continues to approve market rate housing projects in the

area

of

the

city

that

has

historically

been

regarded

as

the

one

most

suitable

for

affordable

housing

projects.

This approval is particularly troubling because staff appears to have determined, for reasons that

were

not

explained,

that

the

existing

affordability

requirement,

which

is

the

subject

of

Item

13 on

this

Council

agenda,

does

not

apply

to

this

property,

apparently

because

it

was

designated

as

a

“Housing

Opportunity”

site.

In any event, the applicant applied for 139 of the 8,174-unit total of “housing opportunity overlays”

the

Council

added

to

the

General

Plan

without

a

Greenlight

vote

on

the

pretext

that

the

state

required

the

Council

to

approve

them

to

make

possible

reaching

its

affordable

housing

target.

Since

no

affordable

units

were

offered

or

required,

it

seems

reasonable

for

the

public

to

believe

they

were

the

victims

of

a

“bait

and

switch,"

for,

as

here,

few

(and

in

this

case

none)

of

the

8,174

units

are

being

used

to

build

affordable

housing.

As this first tranche of units gets used up for purposes other than what was promised, it seems likely

staff

and

Council

will

say

the

state

is

forcing

them

to

raise

(again

without

a

Greenlight

vote)

the

8,174-unit

General

Plan

limit

to

allow

the

previously-promised

affordable

units

to

materialize.

And

that

could

repeat

indefinitely

as

the

city

fills

with

market

rate

units

not

required

by

the

state,

and

regarding

which

residents

are

not

allowed

to

vote

on

the

repeated

General

Plan

increases

allowing

them.

Item 12. Resolution No. 2026-52: 2350 Bristol Street Driveway Access Appeal

(PA2025-0112)
It seems important to appreciate this is not an appeal from denial of an application to modify the existing use permit to allow unrestricted use of the rear driveway. Nor is it, as the “On the Agenda” portion of the City Manager’s July 10 weekly newsletter claims, an appeal of “the Planning Commission’s decision to allow an existing emergency access driveway to also be used

for

employee

and

delivery

vehicle

access”

It is, instead, the appeal of the denial of a request to determine that the existing use permit already

allows

(and

has

always

allowed
)

unrestricted

use

of

the

rear

driveway.

July 14, 2026, City Council agenda comments - Jim Mosher Page 8 of 9 This question regarding the interpretation of the 1986 permit is the only matter presently applied for,

and

the

only

question

to

be

resolved

on

appeal.

A request to issue a new or modified permit allowing unrestricted use would be processed through

a

different

kind

of

application.

Item 13. Ordinance No. 2026-10: Approving Amendment to Newport Place

Planned

Community

Development

Plan

(PC-11)

Related

to

the

Minimum

Percentage

of

Inclusionary

For-Sale

Housing

within

the

Residential

Overlay

and

Resolution

No.

2026-53:

Overriding

Airport

Land

Use

Commission’s

Determination

of

Inconsistency

(PA2025-0196)
In light of City staff’s recent interpretation of the “Housing Opportunity Overlay Districts,” this immense

effort

on

the

part

of

City

staff

appears

to

be

for

the

sole

benefit

of

the

property

owner

at

1401

Quail

Street,

a

sophisticated

developer,

Intracorp,

who

previously,

as

explained

on

page

4 of

the

staff

report,

obtained

approval

of

an

application

for

a

67-unit

development

with

15%

affordable

housing.

Curiously, the agenda materials do not appear to include the September 3, 2025, letter from the developer precipitating this, which had been included as Attachment 2 in the March 19 staff report to the Planning Commission. Contrary to what the present staff report says, nothing I can see

in

that

letter

says

“the

approved

project

is

no

longer

financially

viable

to

implement.”

It

does
,

for

reasons

it

does

not

explain,

request

the

City

reduce

the

inclusionary

requirement

for

for

sale

units

from

15%

to

7.5%.
2 The staff report also curiously fails to mention that on September 24, 2024, the Council adopted Ordinance No. 2024-16 which established development standards for the 6th Cycle Housing Opportunity Overlay properties. Those standards include no affordability requirement at all, and staff

apparently

interprets

this

silence

as

an

“inconsistency”

with

the

requirement

in

the

planned
community text, which per NBMC Section 20.28.060 is to be resolved, in their minds, in favor of the lack of a requirement in the HO overlay. In other words, having an HO designation eliminates

any

affordability

requirement

regardless

of

the

underlying

zoning.

Staff

applied

this

interpretation

to

the

1301

Dove

St.

application

being

reported

as

part

of

Item

11 on

the

present

agenda,

and

appears

to

have

previously

applied

it

to

the

1300

Dove

St

application,

heard

by

the

Planning

Commission

on

June

4,

which

is

seeking

designation

as

an

HO

site.
3 Strangely, 1401 Quail was designated as HO Site No. 64 in the Housing Element, but the Intracorp

application

may

have

been

filed

before

it

was

rezoned

to

reflect

that,

and

hence

is

being

processed

under

the

pre-HO

rules.

By

staff’s

reasoning,

if

Intracorp

wanted

to

avoid

the

inclusionary

requirement

that

is

the

subject

of

the

present

agenda

item,

they

could

simply

re-flie

the

identical

application

(without

any

affordable

units)

to

be

approved

as

an

HO

project.

3 The

1300

Dove

St.

application

proposes

5%

very-low

income

housing,

but

this

does

not

appear

to

be

in

response

to

any

inclusionary

requirement.

Rather

it

seems

to

be

offered

to

make

the

developer

eligible

for

a

development

standard

concession.

2 Strangely, the subject line of the letter says it is a request to reduce the percentage “from 15 percent to 8 percent,”

but

the

body

states

“7.5%”

three

times.

July 14, 2026, City Council agenda comments - Jim Mosher Page 9 of 9 In other words, the affordability requirements the Council is being asked to modify are, at least in

staff’s

view,

a

mirage

nullified

by

the

adoption

of

Housing

Opportunity

zoning

overlays.

As a result, if staff’s view of this prevails, its approval, or not, of the present agenda item, over the

objections

of

the

Airport

Land

Use

Commission

and

Caltrans,

does

nothing

to

improve

the

City’s

ability

to

meet

its

affordable

housing

targets.

It

modifies

in

staff’s

view

is

an

orphaned

and

currently

dead

code

requirement.

It is, however, questionable that staff’s view is correct. Under NBMC Section 20.28.060, the underlying affordable housing requirement would be voided only if it is inconsistent with some new

and

different

standard

imposed

by

the

overlay

(as

might

happen,

for

example,

if

the

overlay

allowed

greater

building

heights

or

more

units

than

the

underlying

zoning).

But

it

is

hard

to

see

how

the

overlay’s

complete

silence

on

whether

affordable

housing

is

required,

or

not,

can

be

seen

as

creating

a

new

and

conflicting

standard

of

“no

affordable

housing

is

required.”

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