HomeMy WebLinkAbout3.0_LCP Amendments_PA2017-047_PA2017-046_PA2013-057 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 4, 2017
Agenda Item No. 3
SUBJECT: Local Coastal Program Amendments (PA2017-047, PA2017-046 and
PA2013-057
• Implementation Plan Clean-up (LC2017-002)
• Balboa Village Parking Management Overlay District (LC2017-001)
• Oceanfront Encroachment Program (LC2013-002)
SITE LOCATION: Coastal Zone
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Program Manager
949-644-3235, palford@newportbeachca.gov
PROJECT SUMMARY
A set of amendments to the City's certified Local Coastal Program (LCP) intended to: 1)
cleanup certain procedures and incorporate changes adopted by the City Council after
the LCP was submitted to the California Coastal Commission, and 2) incorporate
regulations into the LCP previously adopted by the City Council creating the Balboa
Village Parking Overlay District and East Ocean Front Encroachment Program.
RECOMMENDATION
1) Conduct a public hearing;
2) Determine the actions to adopt the amendments related to the LCP Cleanup and the
East Oceanfront Encroachment Program are statutorily exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California
Code of Regulations, Title 14, and Chapter 3 of the Coastal Act;
3) Determine the action to adopt the Balboa Village Parking Management Overlay
District amendment categorically exempt from the California Environmental Quality
Act ("CEQA") pursuant to Section 15301 (Existing Facilities), 15302 (Replacement or
Reconstruction) and 15303 (New Construction) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3; and
4) Adopt Resolution No. _ recommending to the City Council approval of LC2017-
002, LC2017-001 and LC2013-002.
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INTRODUCTION
On January 13, 2017, the California Coastal Commission (Coastal Commission)
effectively certified the City's LCP and the City assumed coastal development permit-
issuing authority on January 30, 2017. The Coastal Commission is the final decision
making authority on amendments to the certified LCP.
DISCUSSION
LCP Cleanup Amendments
When the City Council approved the Coastal Commission's suggested LCP modifications
in November 2016, it was recognized that certain issues would be revisited through a
future LCP update. In addition, there are new land use and property regulations that have
been adopted by the City since the LCP was submitted to the Coastal Commission or
after the LCP was certified that need to be incorporated into the LCP. Finally, early
administration of the LCP revealed some ambiguities that need to be clarified. These
revisions are summarized below.
1. New LCP Implementation Plan (IP)Section 21.26.055(V)adds land use and property
development regulations for the Lido Villas Planned Community. This planned
community did not become effective until after the submission of the LCP to the
Coastal Commission for certification.
2. Revisions to IF Section 21.30.015(E)(5) will provide consistent language regarding
protective devices in the LCP.
3. Revisions to IF Section 21.30.075(B)(4)(b) will add exceptions to landscape
maintenance standards during water supply shortages. The City adopted these
exceptions after the submission of the LCP to the Coastal Commission for
certification.
4. Revisions to the Coastal Land Use Plan (CLUP) Policy 4.4.2-1 and IP Sections
21.30.060(C) and (D) and 21.60.060 will allow exceptions to height limits in the
Shoreline Height Limitation Zone. CLUP Policy 4.4.2-1 calls for the City to maintain
the 35-foot height limitation in the Shoreline Height Limitation Zone. The Coastal
Commission has subsequently interpreted this policy as an absolute 35-foot height
limit without exception. As a result, any development exceeding the 35-foot height
in the Shoreline Height Limitation Zone requires an LCP amendment approved by
the Coastal Commission, as was the case with the Marina Park lighthouse feature
and Lido House Hotel. The City attempted to address this misconception in the
original draft of the LCP by including the current Zoning Code height limit
exceptions; however, the Coastal Commission modified the language to exclude
these exceptions in the Shoreline Height Limitation Zone. The amendments to the
CLUP and the IP will restore these exceptions.
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In addition, new Section 21.30.060(D)(16) would allow government structures to
exceed the height limit subject to the approval of a coastal development permit, if
the increase in height is necessary for the facility to function. Examples include
lifeguard towers, tsunami-warning sirens and architectural design features that
accommodate emergency vehicles or essential equipment.
5. Revisions to IP Section 21.38.040(G)(1) will permit expansion of nonconforming
residential structures up to 75 percent with a coastal development permit. The City
adopted an increase from 50 percent to 75 percent after the submission of the LCP
to the Coastal Commission for certification.
6. Revisions to IP Table 21.50-1 and IP Chapter 21.64 will clarify procedures relating to
appeals and calls for review.
7. Revisions to IP Section 21.52.055 (re-numbered as subsection F) would correct an
ambiguity as to the number of City Council members required to object to a coastal
development permit waiver. The Coastal Commission's suggested modification set
the number at "one-third of the City Council" followed by "two members' in
parenthesis. Parliamentary procedure requires at least one-third or three
members. It is also unclear if this means one-third of all seven Council members
or only those members present. Staff believes the simplest approach would be to
set the number at two.
8. New IP Section 21.52.090 will allow coastal development permits to include relief
from zoning regulations authorized by modifications and variances.
9. New IP Section 21.62.050 will allow the Community Development Director to waive
the public hearing requirement for coastal development permits involving minor
development. Such waivers are permitted under Section 30624.9 of the Coastal Act
if public notice is provided and if no objections to the waiver are received within 15
working days of the sending of the notice.
Balboa Village Parking Management Overlay District
The Balboa Village Parking Management Overlay District (Overlay District) was adopted
in early 2015 and it is currently a regulation within of the Zoning Code. The Overlay District
was included in the initial drafts of the Implementation Plan and was dropped from the
draft at the request of Coastal Staff. The amendment attached to the draft resolution
provides language to the Zoning Code.
The Overlay District affects properties within Balboa Village between Adams Street and
A Street and does the following:
1. Eliminates Required, Off-street Parking for Most Commercial Uses. The proposed
overlay would eliminate required, off-street parking spaces except for
Assembly/Meeting Facilities, Commercial Recreation and Entertainment, Cultural
Institutions, Marine Services Uses, Residential Uses, Schools, and Visitor
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Accommodations. These uses would be required to provide off-street parking
consistent with the Zoning Ordinance or they could seek relief through a
Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for a
parking reduction or an off-site parking agreement. These uses were specifically
excluded as they generate more parking demand than typical non-residential uses.
Elimination of the parking requirement would potentially allow minor changes in
use or small additions to buildings within established floor area limits of the General
Plan and LCP. The removal of this regulatory constraint (parking) will not directly
lead to intensification of uses as business and property owners will consider a
wider array of factors including costs that play a more direct role in decisions to
change use, expand a business or redevelop a building. The hope is with the
removal of the parking requirement, reinvestment will follow, will help revitalize the
area and better serve residents and visitors.
2. Maintains Existing Off-Street Parking Facilities. The Overlay District requires the
retention of existing parking spaces, unless approved through a CDP. The review
process would evaluate whether the subject parking represents a significant
reduction in the overall parking supply of Balboa Village to ensure that parking
conflicts are avoided and public access is provided.
3. Allows Shared Use of Parking Facilities. There are approximately 120 off-street
spaces that are dedicated to tenant or customer parking within the proposed
district. Making these spaces available for public use when they are not needed by
the business is a more efficient utilization of these existing parking resources. The
Overlay District would encourage the City to acquire or lease these private parking
spaces from willing property owners to address issues of liability and maintenance.
The LCP does not allow shared parking although off-site parking is allowed and is
subject to a CDP. The proposal would allow shared use of non-residential parking
or the leasing of off-site parking subject to the approval of the Community
Development Director provided the hours of operation of the various uses do not
significantly overlap. The proposal would also allow parking to be shared among
different uses within a new, mixed-use building, subject to a CDP.
4. Suspends Existing and Future In-Lieu Parking Fees. Currently no business pays
parking in-lieu fees. Prior to 2015, nine businesses in Balboa Village paid in-lieu
parking fees ($150 per space per year) prior to the program's suspension. The
Overlay District eliminates the possibility for in-lieu parking fees and is appropriate
given the recommendation to eliminate required parking for most commercial uses.
The Local Coastal Program, Land Use Plan provides the following relevant policy
guidance related to parking management.
2.2.5-2. In the older commercial districts of Balboa Village and Corona del Mar, allow
existing commercial buildings that exceed current intensity limits to be
renovated, upgraded, or reconstructed to no more than their existing
intensity only where a finding can be made that the development will not
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perpetuate or establish a physical impediment to public access to coastal
resources, nor adversely impact coastal views or biological resources.
Where such development cannot meet current parking standards, such
approval may only be granted if the proposed development includes at least
as much parking as the existing development, and provides for or facilitates
the use of alternative modes of transportation such as ride-sharing,
carpools, vanpools, public transit, bicycling or walking to the extent feasible.
Providing off-street parking is one of the most significant constraints to new investment in
Balboa Village. It is especially true when buildings are nonconforming to intensity limits.
The proposed amendment preserves existing parking while encouraging reinvestment in
the business or building while it avoids creating physical impediments to public access or
impacts to public views or biological resources. Balboa Village is highly urbanized devoid
of significant natural habitats and changes in use would remain limited by the certified land
use plan. Public views to Newport Bay and the Pacific Ocean would not be impacted
because changes in use or minor expansions would be limited to the existing developed
commercial areas and not between the resource and public viewing areas such as the
boardwalks, street ends, ferry or beach.
2.9.1-4. Encourage the use of commercial and institutional parking areas for use as
public parking during weekends and holidays in conjunction with public transit
or shuttles to serve coastal recreational areas.
2.9.3-13. Encourage commercial and institutional development located near beaches
and other coastal resources to provide parking for public access during
weekends and holidays.
The two policies above encourage shared parking; however, the LCP Implementation Plan
[Section 21.40.030(8)] does not allow permanent or long-term shared parking as required
parking is restricted to the use it is intended to serve. The proposed amendment contains
provisions to allow shared parking within Balboa Village to facilitate the more efficient use
of existing off-street parking when it is demonstrated that two or more uses do not have
significant overlap in parking demands.
2.9.1-7. The City shall study alternative funding mechanisms to provide a low-cost
public transportation system to serve beach areas impacted by traffic during
summertime, peak-use periods. The City shall address feasible
implementation measures for a summertime shuttle or other transit
opportunities in the Implementation Plan of the LCP.
Although not directly part of the overlay, the City has initiated a pilot summertime shuttle
program with the assistance of a grant from the Orange County Transportation Authority.
The pilot program will serve the Balboa Peninsula from Hoag's lower campus and will
include Lido Village, Cannery Village, McFadden Square to Balboa Village. The program
will begin in the summer of 2017, and will provide alternative transportation with the goal
to increase mobility of visitors and residents and reduce parking demand.
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2.9.3-2. Continue to require new development to provide off-street parking sufficient
to serve the approved use in order to minimize impacts to public on-street
and off-street parking available for coastal access.
2.9.3-3. Require that all proposed development maintain and enhance public access
to the coast by providing adequate parking pursuant to the off-street parking
regulations of the Zoning Code in effect as of October 13, 2005.
2.9.3-8. Continue to require properties with nonconforming parking to provide code-
required off-street parking when new uses, alterations or additions result in
increased parking demand.
2.9.3-9. Approve no application for a modification or waiver of off-street parking
requirements that are found to impact public parking available for coastal
access.
The four policies above collectively mandate code-required parking when an impact to
public access would result by not providing the increased parking required of a changed
or expanded use. The proposed overlay district exempts retail, office and restaurant uses
from providing parking and it would not extend the exemption to uses that tend to generate
higher parking demand that could potentially reduce parking for visitors. Uses that would
qualify, such as a retail or office use converting to a restaurant use would not impact
public access because the new use would serve residents and visitors already in the area
and would not generate new parking demand.
2.9.3-14. Develop parking management programs for coastal zone areas that
achieve the following:
• Provides adequate, convenient parking for residents, guests, business
patrons, and visitors of the coastal zone;
• Optimizes use of existing parking spaces;
• Provides for existing and future land uses;
• Reduces traffic congestion;
• Limits adverse parking impacts on user groups,
• Provides improved parking information and signage;
• Generates reasonable revenues to cover City costs;
■ Accommodates public transit and alternative modes of transportation.
The proposed Overlay District is part of the City's effort to revitalize Balboa Village to
better serve residents and visitors. The Balboa Village Master plan extensively studied
parking in the area and concluded that sufficient parking exists in the area with the
exception of the busiest summer weekends. The proposed parking management overlay
is one component of the Master Plan parking strategy that includes maintenance of
existing public and private parking, shared parking, permit parking where appropriate,
alternative transportation, better wayfinding signage, and modified parking pricing
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consistent with Policy 2.9.3-14. The current strategy relies upon better utilization of
existing spaces before costlier alternatives such as increasing parking supply as a way
to improve the range of services provided to residents and visitors of the village.
In conclusion, the proposed Parking Management Overlay District is consistent with the
LCP and should assist area businesses and property owners to better serve residents
and visitors.
East Ocean Front Encroachment Program
On July 26, 2016, the City Council approved an amendment to the Coastal Land Use
Plan and Council Policy L-12 creating the East Ocean Front Encroachment and Removal
and Replacement Program (Encroachment Program). Since this approval occurred after
the LCP was submitted to the Coastal Commission, the Encroachment Program was not
included in the Coastal Implementation Plan. Therefore, this proposed amendment would
make the LCP internally consistent. Following the Council's authorization, the
Encroachment Permit LCP Amendment will be forwarded to the Coastal Commission.
Public Notice
Pursuant to Section 13515 of the California Code of Regulations, review drafts of the LCP
amendments were made available and a Notice of the Availability was distributed on
February 28, 2017 and an update was distributed on April 14, 2017.
Notice of this hearing was published in the Daily Pilot. For LC2017-001 and LC2013-002,
notice was mailed to all owners of property within 300 feet of the boundaries of the site
(excluding intervening rights-of-way and waterways) including the applicant and posted
on the subject property at least 10 days before the scheduled meeting, consistent with
the provisions of the Municipal Code. Additionally, the item appeared on the agenda for
this meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
Patrick J. Alford, Planning Manager *aWisnesltli, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution with Findings
PC 2 Redline/Strikeout Versions of LCP Amendments
PC 3 Correspondence
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Attachment No. PC 1
Draft Resolution with Findings
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH APPROVAL OF
LOCAL COASTAL PROGRAM AMENDMENTS NOS. LC2017-002,
LC2017-001 and LC2013-002 (PA2017-047, PA2017-046 and
PA2013-057)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the Public Resources Code requires each county and city to prepare
a local coastal Program (LCP) for that portion of the coastal zone within its jurisdiction.
2. The California Coastal Commission effectively certified the City of Newport Beach (City)
LCP on January 13, 2017, and the City assumed coastal development permit-issuing
authority on January 30, 2017.
3. LCP amendments are necessary to address issues that have arisen since the LCP was
certified, incorporate land use and property regulations adopted by the City after
submission of the LCP to the California Coastal Commission and to clarify LCP
administrative procedures.
4. Pursuant to Section 13515 of the California Code of Regulations, review drafts of the LCP
amendments were made available and a Notice of the Availability was distributed on
February 28, 2017 and an update was distributed on April 14, 2017.
5. A public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing
was given in accordance with the Newport Beach Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to the authority and criteria contained in the California Environmental Quality Act
(CEQA), LCP Amendment No. LC2017-002 and No. LC2013-002 are statutorily exempt from
CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act. Section 15265(a)(1) exempts local governments from the
requirements of preparing an environmental impact report or otherwise complying with CEQA
in connection with the adoption of a Local Coastal Program. LCP Amendment No. LC2017-001
is categorically exempt from the CEQA pursuant to Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction) and 15303 (New Construction) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. The Amendment itself does not authorize development
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Page 2 of 20
that would directly result in physical change to the environment. The Amendment could
indirectly lead to changes in use within existing buildings or minor additions to existing
buildings. These changes would be subject to existing zoning and LCP regulations that limit
the size and use consistent with the General Plan and Coastal Act.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends to the City
Council of the City of Newport Beach approval of:
a. LCP Clean-up (LC2017-002)—Amendments to: (i) add new IP Section 21.26.055(V)
to add land use and property development regulations for the Lido Villas Planned
Community; (ii) revise IP Section 21.30.015(E)(5) to provide consistent language
regarding protective devices; (iii) revise IP Section 21.30.075(B)(4)(b) to add
exceptions to landscape maintenance standards during water supply shortages; (iv)
revise IF Section 21.38.040(G)(1) to permit expansion of nonconforming residential
structures up to 75 percent with a coastal development permit; (v) revise CLUP Policy
4.4.2-1 and IP Sections 21.30.060(C) and (D) and 21.60.060 to clarify exceptions to
height limits; (vi) revise IP Table 21.50-1 and IP Chapter 21.64 to clarify procedures
relating to appeals and calls for review; (vii) revise IP Section 21.52.055 (re-numbered
as subsection F)to correct ambiguities relating to the number of City Council members
required to object to a coastal development permit waiver; (viii) add new IF Section
21.52.090 to clarify regulations relating to modifications and variances; and (ix) add
new IP Section 21.62.050 to allow the Community Development Director to waive
public hearing requirements for minor development, as attached in Exhibit A, and
incorporated herein by reference.
b. Balboa Village Parking Management Overlay District (LC2017-001) —Amendment
to IP Section 21.28.030 and the Coastal Zoning Map to establish the Balboa Village
Parking Management Overlay, as attached in Exhibit B, and incorporated herein by
reference.
c. Oceanfront Encroachment Program (LC2013-002) —Amendments to Coastal Land
Use Plan (CLUP) Policy 3.13 and Coastal Implementation Plan (IP) Appendix C to
establish an encroachment program for East Oceanfront, as attached in Exhibit C, and
incorporated herein by reference.
2. The Planning Commission of the City of Newport Beach hereby certifies the local coastal
program and the amendments thereto contained in this resolution are intended to be
carried out in a manner fully in conformity with the California Coastal Act. Thus, the
Planning Commission recommends the City Council of the City of Newport Beach direct
staff to submit the proposed amendments to the California Coastal Commission for review
and approval.
3. The certified Local Coastal Program, including the proposed amendments, shall be
carried out fully in conformity with the California Coastal Act of 1976.
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4. The LCP amendments shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport
Beach.
PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF MAY, 2017.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Zak, Secretary
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EXHIBIT "A"
LCP Clean-up (LC2017-002)
1. Amend Policy 4.4.2-1 of the City of Newport Beach Coastal Land Use Plan to read as follows:
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone,
as graphically depicted on Map 4-3 with exceptions for assembly and meeting
facilities, government facilities, architectural features, boat cranes, chimneys
and vents, dormers, elevator shafts, flagpoles, landmark buildings, light
standards, mechanical equipment, solar equipment, peaks of sloping roofs
and other similar fixtures and exterior structures specified in, and regulated
by, the certified Local Coastal Program Implementation Plan. In addition,
height limits in excess of 35 feet may be established as part of an adopted
planned community incorporated into the certified Local Coastal Program
Implementation Plan, provided the planned community includes site and
design standards that protect public views to and along the ocean and scenic
coastal areas, minimize visual impacts and be visually compatible with the
character of surrounding areas and, where feasible, restore and enhance
visual quality in visually degraded areas.
2. Amend Section 21.26.055 of the Newport Beach Municipal Code to add Section 21.26.055(V)
to read as follows, with all other provisions of Section 21.26.055 remaining unchanged:
V. Lido Villas (PC-59).
1. Lot Size: 52,099 square feet (1.2 acres)
2. Density/intensity Limit: twenty-three (23) dwelling units.
3. Setbacks.
a. Via Lido: 9 feet (first floor); 4 feet, 5 inches (second floor)
b. Via Malaga: 7 feet, 3 inches (first floor); 6 feet, 6 inches (second floor)
c. Via Oporto: 6 feet (first floor); 3 feet (second floor)
d. North Interior Property Line: 5 feet
4. Height: Thirty-five (35) feet.
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3. Amend Section 21.30.010.015(E)(5) and Section 21.30.015(E)(5)(a) of the Newport Beach
Municipal Code to include the following text, with all other provisions of Section 21.30.015
remaining unchanged:
5. Waiver of Future Protection. Asa condition of approval of new development, the review
authority shall require an agreement between an applicant, including its successors and
assigns, and the City in favor of the City, in a form approved by the City Attorney, and
recorded by the applicant, waiving any potential right to future protection that results in any
encroachment seaward of the authorized footprint of the protective device to address
situations in the future in which development is threatened with damage or destruction from
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise,
or other natural hazards. The applicant shall agree to:
a. Never construct structures or features over the economic life of the development
to protect the development that results in any encroachment seaward of the authorized
footprint of the protective device; and
4. Amend Section 21.30.060(C)and Section 21.30.060(D)of the Newport Beach Municipal Code
to read as follows, with all other provisions of Section 21.30.060(C) and Section 21.30.060(D)
remaining unchanged:
C. Increase in Height Limit.
1. Procedure. The height limits established in Part 2 of this Implementation Plan
(Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards)
may be increased within specified areas with approval of a coastal development permit
when all applicable findings are met in compliance with subsection (C)(3) of this section
(Required Findings). Height limits established as part of an adopted planned community
shall not be subject to this subsection (See Section 21.26.055 (Planned Community
Coastal Zoning District Development Standards)).
2. Height Limit Areas. The height limit areas shall be as follows:
a. R-A, R-1, R-BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty-four (24) feet
(including guardrails and parapet walls) and the base height limit for structures with
sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up
to a maximum of twenty-eight (28)feet with a flat roof or thirty-three (33)feet with a
sloped roof through the approval of a coastal development permit as provided
above. This height limit applies in all R-A, R-1, R-BI, and R-2 Coastal Zoning
Districts as shown on the Coastal Zoning Map.
b. RM Coastal Zoning District Height Limit Area. In this height limit area the base
height limit for structures with flat roofs is twenty-eight (28)feet (including guardrails
and parapet walls) and the base height limit for structures with sloped roofs is thirty-
three (33) feet. The height of a structure may be increased up to a maximum of
thirty-two (32) feet with a flat roof or thirty-seven (37)feet with a sloped roof through
the approval of a coastal development permit as provided above. This height limit
applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map.
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c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is twenty-six
(26) feet and the base height limit for structures with sloped roofs is thirty-one (31)
feet. The height of a structure may be increased up to a maximum of thirty-five (35)
feet with a flat roof or forty (40) feet with a sloped roof through the approval of a
coastal development permit application as provided above. The shoreline height
limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal
zoning districts within the boundaries of the Shoreline Height Limit Area shown on
the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps)
of this Implementation Plan).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is thirty-two
(32)feet and the base height limit for structures with sloped roofs is thirty-seven (37)
feet. The height of a structure may be increased up to a maximum of fifty (50) feet
with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a
coastal development permit as provided above. This height limit shall apply to all
nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning
districts within its boundaries. The nonresidential, nonshoreline height limit area is
identified as all of the area outside the Shoreline Height Limit Area shown on the
High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of
this Implementation Plan).
e. High Rise Height Area. In this height limit area, the maximum height limit shall
be three hundred (300) feet and no further increase to the maximum allowed height
is available. This height limit is applicable to all nonresidential coastal zoning
districts within its boundaries as indicated on the High Rise and Shoreline Height
Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan).
3. Required Findings. The review authority may approve a coastal development permit
to allow an increase in the height of a structure above the base height limit only after
first making all of the following findings in addition to the findings required in Section
21.52.015(F):
a. The project is sited and designed to protect public views to and along the ocean
and scenic coastal areas; and
b. The project is sited and designed to minimize visual impacts and be visually
compatible with the character of surrounding areas; and
c. Where feasible, the project will restore and enhance visual quality in visually
degraded areas.
D. Exceptions to Height Limits.
1. Assembly and Meeting Facilities. Structures used as places of worship may be
allowed to exceed the height limit subject to the approval of a coastal development
permit in compliance with Chapter 21.52 (Coastal Development Review Procedures).
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Where more than one structure exists or is proposed for the site, only the principal
structure shall be eligible for approval to exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and
other decorative rooftop features) of an open nature, but excluding guardrails, parapet
walls, and similar features, may be allowed up to the height limit for a sloped roof.
Architectural features with a height greater than that allowed for a sloped roof shall be
subject to the approval of a coastal development permit.
3. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented
nonresidential use may be allowed to exceed the maximum height limit up to a
maximum operating height of seventy (70) feet, subject to the approval of a coastal
development permit.
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof-
mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of two feet or
a greater height if required by the City's Building Code;
b. Spark arrestors may extend above the top of a chimney a maximum of two feet,
provided they do not exceed a width of two feet and a length of four feet; and
c. Roof-mounted vents may extend above the allowed height limit a maximum of
twelve (12) inches or a greater height if required by the City's Building Code.
5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that:
a. The total width of the dormer that exceeds the height limit shall not be greater
than thirty-five (35) percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
c. The peak of the dormer shall not be higher than the peak of the roof on which
it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by the
California Building Code, provided they do not exceed thirty (30) square feet in area,
unless a larger elevator is required by the California Building Code and/or the Fire
Department. In these instances, the area of the elevator or stair housing shall not
exceed the minimum size required by the California Building Code and/or the Fire
Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30)
square feet in area shall have sloped roofs with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and
Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flagpoles.
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a. Ground-mounted flagpoles shall be allowed in residential coastal zoning districts
to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning
districts to a maximum height of thirty-five (35) feet.
b. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning
districts shall be allowed to exceed the maximum height limit by up to twenty (20)
feet.
9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt
from height limits; provided, that structural alterations or additions that exceed the height
of the existing structure shall require approval of a coastal development permit in
compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall
not exceed a maximum of fifty-five (55) feet in height. The coastal development permit
may be approved only if all of the following findings are first made in addition to those
findings identified in Section 21.52.015(F):
a. The portion of the structural alteration or addition that exceeds the height of the
existing structure does not significantly impact public views from public rights-of-
way.
b. The portion of the structural alteration or addition that exceeds the height of the
existing structure will not be used in a manner that increases the intensity of the use
of the landmark building.
c. The allowed height of the landmark building will not be detrimental to the health,
safety, peace, comfort, or general welfare of persons residing or working in the
neighborhood of the landmark building.
10. Light Standards. Light standards maybe allowed to exceed maximum height limits,
subject to the approval of a coastal development permit in compliance with Chapter
21.52 (Coastal Development Review Procedures). All light fixtures and standards shall
comply with the requirements of Section 21.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning
districts, roof-mounted mechanical equipment, totaling not more than thirty (30)
percent of the total roof area, including required screening devices, shall be allowed
to exceed the maximum height limit by up to five feet.
b. Residential Coastal Zoning Districts. In residential coastal zoning districts, roof-
mounted equipment is not allowed to exceed the maximum height limit for the
coastal zoning district.
12. Solar Equipment. The height limit regulations in this Implementation Plan do not
apply to equipment and panels used for the production of solar energy.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed
the maximum height limit by up to six inches on conforming roofs.
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14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three (73) foot
tall, faux lighthouse architectural tower, that creates an iconic landmark for the public to
identify the site (1600 West Balboa Boulevard) from land and water as a boating safety
feature, may be allowed. No further exceptions to the height limit shall be allowed,
including, but not limited to, exceptions for architectural features, solar equipment or
flagpoles. Any architectural tower that exceeds the thirty-five (35) foot height limit shall
not include floor area above the thirty-five (35)foot height limit, but shall house screened
communications or emergency equipment, and shall be sited and designed to reduce
adverse visual impacts and be compatible with the character of the area by, among
other things, incorporating a tapered design with a maximum diameter of thirty-four (34)
feet at the base of the tower. Public viewing opportunities shall be provided above the
thirty-five (35) feet, as feasible.
15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd
Street:
a. At least seventy-five (75) percent of the total area of the site shall be thirty-five
(35) feet in height or lower.
b. Buildings and structures up to fifty-five (55) feet in height with the peaks of
sloping roofs and elevator towers up to sixty (60) feet in height provided it is
demonstrated that development does not adversely materially impact public views.
C. Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to sixty-five (65) feet in height.
d. Buildings and structures over thirty-five (35)feet in height, including architectural
features, shall not occupy more than twenty-five (25) percent of the total area of the
site.
e. Buildings and structures over forty-five (45)feet in height, including architectural
features, shall not occupy more than fifteen (15) percent of the total area of the site.
f. With the exception of a fire station, all buildings and structures over thirty-five
(35) feet in height, including architectural features, shall be set back a minimum of
sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from
the 32nd Street right-of-way.
g. A fire station may be located in its current location and may be up to forty (40)
feet in height.
h. Afire station may include architectural features up to forty-five (45)feet in height
to house and screen essential equipment. (Ord. 2016-19 § 1 (Exh. A)(part), 2016)
16. Government Facilities. Structures owned, operated, or occupied by the City or
other governmental agency to provide a governmental service to the public may be
allowed to exceed the height limit subject to the approval of a coastal development
permit in compliance with Chapter 21.52 (Coastal Development Review Procedures)
where the increase in height is necessary for the facility to function (e.g., lifeguard
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towers, tsunami warning sirens, architectural design features that accommodate
emergency vehicles or essential equipment, etc.).
5. Amend Section 21.30.075(B)(4)(b) of the Newport Beach Municipal Code to include the
following text, with all other provisions of 21.30.075(B)(4)(b) remaining unchanged:
b. Landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from
the healthy and growing condition provision when the City Council has declared a Level
Three water supply shortage and all lawn, landscape, and other vegetated areas shall be
exempt from the healthy and growing condition requirement when the City Council has
declared a Level Four water supply shortage.
6. Amend Section 21.38.040(G)(1)of the Newport Beach Municipal Code to include the following
text, with all other provisions of 21.38.040(G)(1) remaining unchanged:
1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of
the existing structure; expansion of residential structures may be permitted up to a
maximum of seventy-five (75) percent with the approval of a coastal development permit.
7. Amend Table 21.50-1 of Section 21.51.020 of the Newport Beach Municipal Code to read as
follows, with all other provisions of Table 21.50-1 of Section 21.51.020 remaining unchanged:
TABLE 21.50-1
REVIEW AUTHORITY
Applicab Role of Review Authority(1)
Type of Action le Code Harbor
Chapter/ zoning Director Resources Commission Council Coastal
Section Administrator Manager (2) Commission
Administrative and Legislative 16
Section
Interpretations 21.12.02 Determination (3) Appeal Appeal Appeal (8)
0
LCP Recommend Decision Decision (4)
Amendments (4)
Section
Approvals in Determination Determination
21.52.01
Concept Appeal Appeal
5(B)(1)(a) (3) (5)
Waiver for De Section
Minimis 21.52.05 Decision (9) (9)
Development 5
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Applicab Role of Review Authority(1)
Type of Action le Code Harbor
Chapter/ Director Zoning Resources Commission Council Coastal
Section Administrator Manager (2) Commission
Permits and Approvals
Coastal Section
Development 21.52.01 Decision(6) Appeal Appeal Decision (7)
Permits 5 Appeal (2)
Emergency Section
Coastal 21.52.02 Decision (3) Appeal Appeal
Development 5
Permits
Notes:
(1) 'Recommend" means that the Commission makes a recommendation to the Council;
"Determination" and "Decision" mean that the review authority makes the final determination or
decision on the matter; "Appeal' means that the review authority may consider and decide upon
appeals to the decision of a previous decision making body, in compliance with Chapter 21.64
(Appeals and Calls for Review).
(2) The Council is the final review authority for all applications in the City. A decision by the
City on a coastal development permit application within the appeal areas depicted on the Post-
LCP Certification Permit and Appeal Jurisdiction Map or a project that constitutes a major public
works project or energy facility may be appealed to the Coastal Commission in compliance with
Chapter 21.64 (Appeals and Calls for Review).
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action.
(4) The California Coastal Commission is the final decision making authority on amendments
to the Local Coastal Program.
(5) For development located on tidelands or submerged lands that did not involve a
discretionary action authorized by this Implementation Plan where the authority is specifically
assigned to the Council, Commission, Director, or Zoning Administrator.
(6) If the project also requires another discretionary approval (e.g., conditional use permit,
variance, etc.), then the applicable review authority shall be the authority for the other
discretionary approval.
(7) All development on tidelands, submerged lands, and public trust lands as described in
California Public Resources Code Section 30519(b) and in deferred certification areas
designated by the Local Coastal Program shall require a permit issued by the Coastal
Commission in accordance with procedures specified by the Coastal Commission, in addition
to other permits or approvals required by the City. This provision does not include those
tidelands, submerged lands, and public trust lands where permit authority may be delegated to
the City at a future date if determined by the Coastal Commission to be filled and developed
and located within an area committed to urban uses pursuant to Coastal Act Section 30613.
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(8) Appeal procedure for interpretations shall only apply to interpretations made by the
Director on the determination of whether a development is categorically excluded, exempt,
nonappealable or appealable to the Coastal Commission according to the dispute resolution
process in compliance with Section 21.50.050(8).
(9) A waiver shall not take effect until after the Director makes his/her report to the City
Council. If one-third of the City Council (two members) so request, such issuance shall not be
effective and, instead, the application for a coastal development permit shall be processed in
accordance with the coastal development permit provisions of Chapter 21.52 (Coastal
Development Permit Review Procedures).
8. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.055 to read
as follows, with all other provisions of Chapter 21.52 remaining unchanged:
F. Report to the City Council. The Director shall report to the City Council at its next
available public meeting those projects for which waivers are proposed, with sufficient
description to give notice of the proposed development to the City Council. A list of waivers
issued by the Director shall be available for public inspection at the public counter of the
Department and at the City Council meeting during which any waivers are reported. A
waiver shall not take effect until after the Director makes his/her report to the City Council.
If two members of the City Council so request, such issuance shall not be effective and,
instead, the application for a coastal development permit shall be processed in accordance
with the coastal development permit provisions of this chapter.
9. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.090 to read
as follows, with all other provisions of Chapter 21.52 remaining unchanged:
21.52.090Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development standards
of this Implementation Plan when so doing is consistent with the purposes of the certified
Local Coastal Program and will not have an adverse effect, either individually or
cumulatively, on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be modified
or waived through the approval of a coastal development permit, except: allowed and
prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions
(for example, prohibitions intended to protect coastal resources, prohibited barriers to
public access, limits on the use of protective structures, prohibited materials, prohibited
plant species, prohibited signs, etc.); or procedural requirements.
1. Modifications. Minor deviations for the following development standards may be
permitted when practical difficulties associated with the property and that the
strict application of the Implementation Plan results in physical hardships:
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a. Height modifications from exceptions identified in Part 3 of this Title (Site
Planning and Development Standards). The following modifications are
limited to not more than a ten (10) percent deviation from the standard being
modified.
i. Chimneys, rooftop architectural features, and vents in excess of the
exception to the allowed height limits identified in Part 3 of this Title (Site
Planning and Development Standards);
ii. Flag poles in excess of the exception to the allowed height limits; and
iii. Heights of fences, hedges, or walls (except retaining walls).
b. Setback Modifications. The following modifications are limited to not more
than a ten (10) percent deviation from the standard being modified.
i. Encroachments in front, side, or rear setback areas while still
maintaining the minimum clearances required by Section 21.30.110
(Setback Regulations and Exceptions). Exceptions include the following:
(A) Modifications shall not be allowed for encroachments into alley
setbacks; and
(B) Modifications shall not be allowed for encroachments into bluff
setback areas.
ii. Structural appurtenances or projections that encroach into front, side,
or rear setback areas.
C. Other Modifications. Except as otherwise provided, the following
modifications are not limited in the amount of deviation from the standard
being modified:
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i. Distances between structures located on the same lot;
ii. Landscaping standards in compliance with Chapter 21 .30.075
(Landscaping), except for subsection (13)(3);
iii. Size or location of parking spaces, access to parking spaces, and
landscaping within parking areas;
V. Increase in allowed floor area of additions for uses that have
nonconforming parking;
vi. Increase in allowed height, number, and area of signs;
vii. Increase in the allowed height of retaining walls; and
viii. Increase in allowed floor area of additions for nonconforming
residential structures as identified in Section 21.38.040
(Nonconforming Structures).
2. Variances. Waiver or modification of certain standards of this Implementation
Plan may be permitted when, because of special circumstances applicable to
the property, including location, shape, size, surroundings, topography, or other
physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other
property owners in the vicinity and in the same coastal zoning district.
3. Modifications and Waivers Authorized Elsewhere. This section is not applicable
when a modification or waiver to a development standard is specifically
authorized elsewhere in this Implementation Plan.
C. Findings and Decision. The review authority may approve or conditionally approve a
modification or waiver to a development standard of this Implementation Plan only after
first making all of the following findings as applicable:
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1. The granting of the modification is necessary due practical difficulties associated
with the property and that the strict application of the Implementation Plan results in
physical hardships; or
2. The granting of the variance is necessary due to special circumstances applicable
to the property, including location, shape, size, surroundings, topography, and/or
other physical features, the strict application of the development standards
otherwise applicable to the property denies the property owner privileges enjoyed
by other property owners in the vicinity and in the same coastal zoning district; and
3. The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F);
4. The modification or variance will not have an adverse effect, either individually or
cumulatively, on coastal resources; and
The granting of the modification or variance will not be contrary to, or in conflict with, the
purpose of this Implementation Plan, nor to the applicable policies of the certified Local
Coastal Program.
10.Amend Section 21.64.050(A) of the Newport Beach Municipal Code to read as follows, with
all other provisions of Section 21.64.050(A) remaining unchanged:
A. Director. Interpretations and decisions of the Director may be appealed or called for
review to the Planning Commission, with the exception of waivers for de minimis
development, which are reported to the City Council pursuant to Section 21.52.055(E).
11. Amend Section 21.64.035(C)(2) of the Newport Beach Municipal Code to read as follows,
with all other provisions of Section 21.64.035(C)(2) remaining unchanged:
2. An appeal of a City decision was filed by two members of the Coastal Commission in
compliance with Public Resources Code Section 30625. Notice of a Coastal Commissioner's
appeal shall be transmitted to the City in compliance with Title 14 California Code of
Regulations Section 13111(d). The Director may transmit the Coastal Commissioners' appeal
to the local appellate body (which considers appeals from the review authority that rendered
the final decisions subject to the Coastal Commissioners' appeal), and the Coastal
Commissioners' appeal may be suspended pending a decision on the merits by that City
appellate body. If the final action by an appellate body modifies or reverses the previous
decision, the Coastal Commissioners appeal shall be required to file a new appeal from that
decision.
12.Amend Chapter 21.62 of the Newport Beach Municipal Code add Section 21.62.050 to read
as follows, with all other provisions of Chapter 21.62 remaining unchanged:
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A. Purpose. The purpose of this section is to provide a process, in accordance with Section
30624.9 of the Coastal Act, through which the public hearing requirement may be waived for
certain minor developments that require coastal development permits.
B. Minor Development Defined. For purposes of this section, "minor development" means a
development that the Director determines satisfies all of the following requirements:
1. Is consistent with the certified Local Coastal Program;
2. Requires no discretionary approvals other than a coastal development permit;
and
3. Has no adverse effect either individually or cumulatively on coastal resources or
public access to the shoreline or along the coast.
C. Procedure. The Director may waive the requirement for a public hearing on a Coastal
Development Permit application for a minor development, if all of the following occur:
1. Notice is mailed or delivered to all persons and agencies required to be notified
under Section 21.62.020(6)(2). The notice shall contain and shall contain all of the
information required in Section 21.62.020(A). In addition, the notice of waiver of public
hearing for the pending application shall contain the following:
a. A statement that a public hearing will be held upon the written request of
any person provided that such written request is received by the Department
within fifteen (15) working days from the date of sending the notice; and
b. For proposed development within the appealable area, a statement that
failure by a person to submit a written request for a public hearing may result in
the loss of that person's ability to appeal to the Coastal Commission any action
taken by the City on a coastal development permit application in this matter.
2. No request for public hearing is received by the Department within fifteen (15)
working days from the date of sending the notice pursuant to subsection (1) of this
section.
3. Requests for hearing must be made in writing to the Department. Upon receipt of a
request for a hearing, the Department shall schedule the matter for a public hearing and issue
notice of such hearing consistent with the provisions of this Chapter.
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EXHIBIT "B"
Balboa Village Parking Management Overlay District (LC2017-001)
1. Amend Section 21.28.030 of the Newport Beach Municipal Code to add Section 21.28.030(E)
to read as follows, with all other provisions of Section 21.28.030(E) remaining unchanged:
E. Parking Management Overlay Districts Established. The parking management
districts identified in this section and depicted in the referenced maps exhibits adopted
in Part 8 of this Implementation Plan.
1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams
Street and depicted in Parking Management Overlay Map PM-1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay
District is to identify existing and planned parking facilities and establish parking
programs to adequately serve the parking needs for Balboa Village. Additionally,
the District establishes modified parking requirements for properties that differ
from the basic requirements of Chapter 21.40 (Off-Street Parking).
b. Existing Parking Facilities. The City maintains six public parking lots within or
near the District: 1) A Street lot, 2) B Street lot, 3)Washington Street lot, 4) Palm
Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City
provides and maintains a small number of on-street parking spaces along Balboa
Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public
parking facilities; however, should the need arise, the City may modify, add, or
remove parking spaces to ensure safe and efficient operations and meet parking
demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and
construction and the underutilization of existing parking, additional off-street
parking facilities are not necessary to meet the demand of existing uses. Parking
demand shall be monitored and evaluated by the City to determine whether
additional District parking is necessary, economical, appropriate, and desirable.
The City may acquire or lease parking facilities to make them available to the
public.
d. Required Off-Street Parking
i. Non-residential Uses. No off-street parking shall be required for any new non-
residential use or intensification of uses except the following uses as defined
by the Implementation Plan: Assembly/Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, all Marine Services Uses,
Schools, and Visitor Accommodations. Uses that require off-street parking
shall provide said spaces in accordance with Chapters 21.40 (Off-Street
Parking) and 21.38 (Nonconforming Uses and Structures).
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ii. Residential Uses. Residential uses shall provide parking in accordance with
Chapters 21.40 (Off-Street Parking) and 21.38 (Nonconforming Uses and
Structures).
iii. Existing off-street parking spaces shall be preserved unless the elimination of
spaces is authorized by the approval of a coastal development permit
application by the Zoning Administrator.
iv. Shared Parking for Non-residential Uses. Notwithstanding the Implementation
Plan requirement that off-street parking be reserved for the use it serves, the
shared use of parking is allowed and encouraged. Shared parking shall be
subject to the following requirements:
(A) Required Off-street Parking. When required, parking for non-residential
uses may be satisfied by leasing nearby parking spaces at off-site
locations within 1,250 feet of the parcel it serves. Development on
multiple parcels with reciprocal access agreements is considered one site
for parking purposes. If the spaces are required or otherwise leased to
other uses, the hours of operation shall not significantly overlap. The
distance between the parking facility and the use it serves shall be
measured along public walkways from the closest portion of the parking
facility to the main entrance of the use. The leasing of off-site parking to
satisfy required parking shall be maintained in perpetuity when the use
requires it and may only be discontinued if the use is discontinued.
(B) Excess Parking. Parking that is not necessary to satisfy off-street parking
requirements may be leased to other uses or made available to the
general public.
(C) Parking within Mixed-use Buildings. Parking for different uses within a
new, mixed-use building may be shared subject to the review and
approval of a coastal development permit application.
(D) The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director
when in compliance with the following conditions:
(1) Shared parking spaces are within 1,250 feet as described in Section
21.28.030.D.5.d.1;
(2) There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
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(4) The property owners involved in the shared parking facilities provide a
binding agreement or other legal instrument assuring the joint use of
the parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a
parking management program to address potential parking conflicts.
(E) Section 20.41.110.A.2 (Joint Use of Parking Facilities) does not apply
within the Balboa Village Parking Management Overlay District.
v. Private Parking Facilities Available to the General Public. Non-residential, off-
street parking facilities are encouraged to be made available to the general
public, even if the parking facility is required for existing developments.
Subject to City Council review and approval, the City may enter into an
agreement with the property owner for the use and/or management of the
parking facility. Allowing general public access to private off-street parking
facilities shall not affect the property's conformance with its required off-street
parking. The agreement should at a minimum address hours of availability for
use by the general public, signage, maintenance, duration of agreement, and
liability.
e. Suspension of In-lieu Parking. Uses within the Balboa Village Parking
Management Overlay District shall not be eligible for in-lieu parking pursuant to
Section 21.40.130 (In-Lieu Parking Fee).
f. Voluntary Employee Parking. The City will develop and implement a voluntary
Balboa Village Employee Permit Program that will include reduced fees and
designated parking locations for employee parking during specified hours.
2. Amend the Coastal Zoning Map of Title 21 of the Newport Beach Municipal Code to include
the "PM-1" overlay district symbol to Balboa Village area as shown as Exhibit B-1 with all
other provisions of the Coastal Zoning Map remaining unchanged.
3. Amend Chapter 21.80 of the Newport Beach Municipal Code to and Map PM-1 as shown as
Exhibit B-2 and add Section 21.80.035 to read as follows, with all other provisions of Chapter
21.80 remaining unchanged:
21.80.035 — Parking Management Overlay District Maps.
PM-1 — Balboa Village Parking Management Overlay District
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EXHIBIT "C"
Oceanfront Encroachment Program (LC2013-002)
1. Amend Title 21, Appendix C, Section (B) of the Newport Beach Municipal Code add
Section (13)(4) to read as follows, with all other provisions of Section (B) remaining
unchanged:
4. The owner of any oceanfront residential parcel between and including 1400 East
Ocean Front and Channel Road may install improvements on the oceanside of
the parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of the
parcel.
2. Amend Title 21, Appendix C, Section (C)(2) of the Newport Beach Municipal Code to
read as follows, with all other provisions of Section (C) remaining unchanged:
2. Encroachments and improvements are prohibited oceanward of any ocean front
parcel from a point 250 feet southeast of E Street to and including 107 G Street,
with the exception of landscaping trees existing prior to October 22, 1991, and
groundcover.
3. Amend Title 21, Appendix C, Section (M)(3) of the Newport Beach Municipal Code to
read as follows, with all other provisions of Section (M remaining unchanged:
3. Subsequent to the reconstruction of all West Newport street ends, at least
eighty-five percent (85%) of the fees generated by encroachments will be used
for the construction of improvements which directly benefit the beach going
public such as parking spaces, transportation alternatives, rest rooms, vertical
or lateral walkways along the beach and similar projects.
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Attachment No. PC 2
Redline/Strikeout Versions of LCP Amendments
31
V�
QP
�P
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 4-3 with exceptions for assembly and meeting
facilities, government facilities, architectural features, boat cranes, chimneys and
vents, dormers, elevator shafts, flagpoles, landmark buildings, light standards,
mechanical equipment, solar equipment, peaks of sloping roofs and other similar
fixtures and exterior structures specified in, and regulated by, the certified Local
Coastal Program Implementation Plan. In addition, height limits in excess of 35
feet may be established as part of an adopted planned community incorporated
into the certified Local Coastal Program Implementation Plan, provided the
planned community includes site and design standards that protect public views to
and along the ocean and scenic coastal areas, minimize visual impacts and be
visually compatible with the character of surrounding areas and, where feasible,
restore and enhance visual quality in visually degraded areas.axGe e
fellewiRg s+tes:
A. PARFORA Dark I..s;.+..d At 1600 Wpb+ ❑Alh..a Q..,,I...,ard: A
i6enie laadmarl. Far the public to idaa+ify the site fmm land aad water a
s a
NM Shall be all.., 8d iRGlUd l.... b,d .d limi+Pd +.. o.di..r.S f..r
the35 feet height limit, h„+ Shal�i-Ih.. ,';P. RArAPIRP61 nn+iARR AF
..nt and shall be sued and desla....d to rpdwne ad.,r.rs..
al i s+s aad bas atibls with the charasTar of the area by a
24_foo+ at the baso ..f the tAwtar PUN G . 8WiRg 9PPGFt6IRitieS Shall bo
R. F=A-m..r rity Hall Gemplex a+ ' 300 AI..,.pert Blvd a..d 475 22' S re
ske-:
4A Wac;t 7504 af the tAtal apcaa of the shall be 35 feet iR height GF
Q„ildi...a and S+ri,stieros , ..to 55 foo+in height w th the Peaks .S SI...J..a
ArShl+os4i,rel foe+i,roc c ,sh as d.. 0 4i.,..8rs ..lac o ..GId
miler s+rupt ir..s may be up to 65 feet iR height.
Q„ildiRgs a..d s+ri,s+,ir..s .. r 25 feet OR height, sL,diRg arshi+..s+„ral
S'to
Q„ildl....s and c FI-IG ,roc .. r 45 foo+ in he gh+ rnhi+anti,ral fea+„ros
Shall rad 9GGYPY e Than 15 p ...d ..f the tAtal area .S the s.+..
33
• With the a entian of a fire station all buildings an.l ntr,iotairon o r QG
feel iR height iRduding rehi4e6iUral fea4Uren shall be e4hael.
feat From the 32nd Q4met r ghi of
A fico 142f-0gn May he Ienaterl in it; n eat 'neat.OR and may he 61p to An
fent ie height A f.re nkat'en m RPI'-' do arnhi+e Mkiral features up he AC
feet In height to house and serepn essential o eat
•
thin cite in 4e n me VWtinal nl1 in4ering r U!ting in RGFease.d nUhlinalhy
n4en4ieg ioting an4al Vi8WS nrl PPGVirll eg RPIN AARI;t@l OWN
eppnr46lgitiec iDnnnl-'ti nn 204 G2 291
3J
Newport Beach Municipal Code Page 27/29
Chapter 21.26 SPECIAL PURPOSE COASTAL ZONING
DISTRICTS(OS,PC,PF,PI,PR,AND TS)
Exceptions.
a. Hedges along the perimeter wall along Bayside Drive shall be limited to twelve(12)feet in height.
b. Open-work walls and fences that are ninety(90)percent of the wall plane open(wrought iron in
combination with pilaster)up to a maximum of six feet in height are permitted at the side property line of
each waterfront lot(Lots 3-15)and extending into the rear yard from the setback line to the waterfront
property line.
C. Walls that extend in the same plane as the front(driveway street-side)wall of a dwelling into a
required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve(12)
feet in height.
7. Parking.A minimum of two garage parking spaces shall be provided per dwelling. In addition,a
minimum of two parking spaces(side by side,not tandem) shall be provided on the driveway to each garage of
each single-family dwelling.A total of nineteen(19)curbside parking spaces shall be provided on the street
that provides access to each buildable lot. (Ord. 2016-19§ 9(Exh.A)(part),2016)
V. Lido Villas(PC-59).
1. Lot Size: 52.099 square feet(1.2 acres)
2. Density/intensity Limit: twenty-three (23)dwelling units.
3. Setbacks.
a. Via Lido: 9 feet(first floor):4 feet, 5 inches (second floor)
b. Via Malaga: 7 feet. 3 inches(first floor): 6 feet. 6 inches (second floor)
c. Via Oporto: 6 feet(first floor): 3 feet(second floor)
d. North Interior Property Line: 5 feet
4. Height: Thirty-five (35)feet.
21.26.065 Planned Communities without Development Plans.
A. Lido Peninsula(PC-6). Land uses and development limits are established by use permits and the polices of the
Coastal Land Use Plan.
1. 630-670 Lido Park Drive(CM Area).
a. Land Use.Land uses allowed within the CM Coastal Zoning District(Table 21.20-1).
b. Intensity.Floor area to land area ratio of 0.5.
2. Cannery Village-700 Lido Park Drive(RM Area).
a. Land Use.Land uses allowed within the RM Coastal Zoning District(Table 21.18-1).
b. Density. Thirty-four(34)dwelling units.
3. Lido Peninsula Resort(RM Area).
a. Land Use.Land uses allowed within the RM Coastal Zoning District(Table 21.18-1).
b. Density. Two hundred seventeen(217)dwelling units.
4. Lido Peninsula Commercial(CM Area).
S5
Newport Beach Municipal Code Page 6/38
Chapter 21.30 PROPERTY DEVELOPMENT
STANDARDS
e. An analysis of the following factors:
i. Slope geometry and site topography,extending the surveying work beyond the site as needed to
depict unusual geomorphic conditions that might affect the site;
ii. Identification of the coastal bluff or canyon edge,where applicable;
iii. Historic,current,and foreseeable erosion,including changes in shore configuration and sand
transport;
iv. Geologic conditions(e.g.,soil,sediment,rock types and characteristics,etc.)in addition to
structural features(e.g.,bedding,joints, faults,etc.). The analysis shall include slope stability/failure
analyses(i.e.,analyses of the possibility that bluff retreat may occur suddenly and catastrophically
through slope failure)and erosion rate estimates(i.e.,estimates of the possible rate at which bluff
retreat may occur over time);
V. Evidence of past or potential landslide conditions,the implications of the condition for the
proposed development,and the potential effects of the development on landslide activity;
vi. Impact of construction activity on the stability of the site and adjacent area;
vii. Ground and surface water conditions and variations,including hydrologic changes caused by
the development;
viii. The erosion potential of the site and mitigation measures to be used to ensure minimized
erosion problems before and after proposed construction(i.e.,landscape and drainage design);
ix. Effects of marine erosion factoring in long-term(seventy-five(75)year)coastal bluff retreat
projections for sea level rise;
X. Potential effects of seismic forces resulting from a maximum credible earthquake;
xi. Any other factors that might affect bluff,canyon, or shoreline stability;and
xii. Identification of the geologic setback line(GSL)necessary to assure a 1.5 factor of safety
(static)and 1.1 factor(pseudostatic)for seventy-five(75)years without reliance upon any deepened
foundation system(e.g.,caissons).
5. Waiver of Future Protection.As a condition of approval of new development,the review authority shall
require an agreement between an applicant,including its successors and assigns,and the City in favor of the
City,in a form approved by the City Attorney,and recorded by the applicant,waiving any potential right to
future protection that results in any encroachment seaward of the authorized footprint of the protective device
to address situations in the future in which development is threatened with damage or destruction from waves,
erosion,storm conditions, landslides, seismic activity,bluff retreat,sea level rise,or other natural hazards.The
applicant shall agree to:
a. Never construct structures or features over the economic life of the development to protect the
development that results in any encroachment seaward of the authorized footprint of the protective device;
and
b. Remove and relocate all portions of a development,including associated fallen debris at the base of
a bluff or canyon and/or State tidelands,if a government agency determines that the development is
hazardous or a threat to the public.
6. Fuel Modification.
a. Applicability.This subsection provides standards for development within and adjacent to wildland
fire hazard areas.
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Newport Beach Municipal Code Page 18/38
Chapter 21.30 PROPERTY DEVELOPMENT
STANDARDS
a. Top of Slab Elevation for Interior Living Areas. The minimum required top of slab elevation for
interior living areas of all new development within flood hazard areas shall be as established by the Flood
Insurance Rate Maps recognized by the Building Division as part of flood safety requirements and maps
adopted by the Council.Notwithstanding the building elevations established by the Flood Insurance Rate
Maps,the minimum required top of slab elevation for interior living areas of all new structures/new
development shall be at least 9.00(NAVD 88).
i. Sea Level Rise. The minimum required top of slab elevation for interior living areas may be
increased as necessary to minimize hazards associated with long-term sea level rise over the economic
life of the structure identified in the coastal hazards report pursuant to Section 21.30.015(E)(2).To
address the uncertainty inherent in sea level rise projections(see Appendix A),adjustments to the top
of slab elevation may be based on a moderate sea level rise scenario within the projected range of
possible sea level rise amounts identified by the current best available science,so long as the
structure's design can,if necessary,accommodate future adaptation measures for the high sea level rise
scenario that comply with the certified LCP and do not result in coastal resource impacts.
b. Height Measurement. The height of a principal structure shall be measured from the top of slab
elevation.
C. Accessory Structures.
i. The height of accessory structures,except fences,hedges,walls,and retaining walls(see Section
21.30.040)shall be measured from existing grade of the lot prior to construction.
ii. Exception: When a new principal building is required to have the top of slab constructed at
elevation 9.00 NAVD 88 and when the grade surrounding the new principal building is proposed to be
increased,the height of accessory structures shall be measured from the proposed finished grade.
4. Structures on Ocean Boulevard.New structures and additions/changes to existing structures on the bluff
side of Ocean Boulevard in Corona del Mar shall not be constructed to a height greater than the elevation of the
adjacent curb. The top of curb height limit shall be established by a plane created by the extension of the top of
curb line across each lot.
C. Increase in Height Limit.
1. Procedure.The height limits established in Part 2 of this Implementation Plan(Coastal Zoning Districts,
Allowable Land Uses,and Coastal Zoning District Standards)may be increased within specified areas with
approval of a coastal development permit when all applicable findings are met in compliance with subsection
(C)(3)of this section(Required Findings). Ne ,..eerie above thi-4y five(35)feet maybe,al.40t,iFed feF
c,,..,piiii, v,: .r :. :«. Height limits established as part of an adopted planned community shall
not be subject to this subsection(See Section 21.26.055 (Planned Community Coastal Zoning District
Development Standards)).
2. Height Limit Areas. The height limit areas shall be as follows:
a. R-A,R-1,R-BI,and R-2 Coastal Zoning Districts Height Limit Area. In this height limit area the
base height limit for structures with flat roofs is twenty-four(24)feet(including guardrails and parapet
walls)and the base height limit for structures with sloped roofs is twenty-nine(29)feet.The height of a
structure may be increased up to a maximum of twenty-eight(28)feet with a flat roof or thirty-three(33)
feet with a sloped roof through the approval of a coastal development permit as provided above. This
height limit applies in all R-A,R-1,R-BI,and R-2 Coastal Zoning Districts as shown on the Coastal
Zoning Map.
b. RM Coastal Zoning District Height Limit Area.In this height limit area the base height limit for
structures with flat roofs is twenty-eight(28)feet(including guardrails and parapet walls)and the base
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
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Newport Beach Municipal Code Page 19/38
Chapter 21.30 PROPERTY DEVELOPMENT
STANDARDS
height limit for structures with sloped roofs is thirty-three(33)feet.The height of a structure may be
increased up to a maximum of thirty-two(32)feet with a flat roof or thirty five"s`feet i• the Shoreline
Height i..:«.,«i,... lone....a thirty-seven(37)feet outside the Shoreline Height Limitation Zone with a
sloped roof through the approval of a coastal development permit as provided above. This height limit
applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map.
C. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for
nonresidential and mixed-use structures with flat roofs is twenty-six(26)feet and the base height limit for
structures with sloped roofs is thirty-one(3 1)feet.The height of a structure may be increased up to a
maximum of thirty-five(35)feet with a flat roof or,auts:a.the ShafelineHeight r:-.haat:. 7e.. forty
(40)feet with a sloped roof through the approval of a coastal development permit application as provided
above. The shoreline height limit shall apply to all nonresidential coastal zoning districts and mixed-use
coastal zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise
and Shoreline Height Limit Areas Map(See Map H-1 in Part 8 (Maps)of this Implementation Plan).
d. Nonresidential,Nonshoreline Height Limit Area.In this height limit area the base height limit for
nonresidential and mixed-use structures with flat roofs is thirty-two(32)feet and the base height limit for
structures with sloped roofs is thirty-seven(37)feet.The height of a structure may be increased up to a
maximum of fifty(50)feet with a flat roof or fifty-five(55)feet with a sloped roof through the approval of
a coastal development permit as provided above.This height limit shall apply to all nonresidential,
nonshoreline coastal zoning districts and mixed-use coastal zoning districts within its boundaries. The
nonresidential,nonshoreline height limit area is identified as all of the area outside the Shoreline Height
Limit Area shown on the High Rise and Shoreline Height Limit Areas Map(See Map H-1 in Part 8
(Maps)of this Implementation Plan).
e. High Rise Height Area.In this height limit area,the maximum height limit shall be three hundred
(300)feet and no further increase to the maximum allowed height is available. This height limit is
applicable to all nonresidential coastal zoning districts within its boundaries as indicated on the High Rise
and Shoreline Height Limit Areas Map(See Map H-1 in Part 8 (Maps)of this Implementation Plan).
3. Required Findings. The review authority may approve a coastal development permit to allow an increase
in the height of a structure above the base height limit only after first making all of the following findings in
addition to the findings required in Section 21.52.015(F):
a. The project is sited and designed to protect public views to and along the ocean and scenic coastal
areas;and
b. The project is sited and designed to minimize visual impacts and be visually compatible with the
character of surrounding areas; and
C. Where feasible,the project will restore and enhance visual quality in visually degraded areas.--
,4R4
«h:
D. Exceptions to Height Limits. Except as specified in subsections mva) (14) and(15) of this .e the
f11.....1..,.aPP1.,e..e....,he.e e«he.«6.... .. :«h:.,rhe S]AaFeline Height i imit.tien Zane.
1. Assembly and Meeting Facilities. Structures used as places of worship may be allowed to exceed the
height limit subject to the approval of a coastal development permit in compliance with Chapter 21.52(Coastal
Development Review Procedures).Where more than one structure exists or is proposed for the site,only the
principal structure shall be eligible for approval to exceed the maximum height limit.
2. Architectural Features.Architectural features(e.g.,cupolas,weathervanes,and other decorative rooftop
features)of an open nature,but excluding guardrails,parapet walls,and similar features,may be allowed up to
the height limit for a sloped roof Architectural features with a height greater than that allowed for a sloped roof
shall be subject to the approval of a coastal development permit.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
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Newport Beach Municipal Code Page 22/38
Chapter 21.30 PROPERTY DEVELOPMENT
STANDARDS
h. A fire station may include architectural features up to forty-five(45)feet in height to house and
screen essential equipment. (Ord.2016-19§ 1 (Exh.A)(part),2016)
i. Government Facilities. Structuresowned,operated,or occupied by the City or other governmental
agency to provide a governmental service to the public may be allowed to exceed the height limit subject
to the approval of a coastal development permit in compliance with Chapter 21.52(Coastal Development
Review Procedures)where the increase in height is necessary for the facility to function(e.g.,lifeguard
towers,tsunami warning sirens,architectural design features that accommodate emergency vehicles or
essential equipment,etc.).
21.30.065 Signs.
A. Applicability. This section provides regulations for rooftop and freestanding signs.
B. Prohibited Sign Types.The following signs and sign types shall be prohibited throughout all coastal zoning
districts of the City:
1. Pole signs.
2. Roof signs.
C. Billboard Policy. The City completely prohibits the construction,erection or use of billboards,other than
those that legally exist in the City,or for which a valid permit has been issued and has not expired,as of the date on
which this provision was first adopted.Permits shall not be issued for billboards that violate this policy,and the City
will take immediate abatement action against billboards constructed or maintained in violation of this policy. The
Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in
this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other
provisions of this chapter may be declared,by a court of competent jurisdiction,to be unconstitutional,invalid, or
unenforceable.
D. Standards for Freestanding Signs.Table 21.30-2 provides regulations for permanent freestanding signs.
Table 2130-2
Freestanding Signs
Sign Class Allowed Sign Maximum Maximum Sign Maximum Sign Location Lighting Additional
Types Number Area Height Requirements Allowed Requirements
RESIDENTIAL COASTAL ZONING DISTRICTS
Identification sign Ground sign 1 per multi-unit Below eave of
12 sq.ft. roof or parapet Near main Yes Cabinet signs
Multi-unit uses use for wall sign enhance not allowed
Residential . At primary
community Ground 2 per prima
sq.ry 40 ft.total 6 ft. entrances to Indirect only Cabinet signs
identification signs entrance residential not allowed
community
Signs for allowed Below eave of Near main Cabinet signs
nonresidential uses Ground sign 1 per use 12 sq.ft. roof or parapet entrance Yes not allowed
for wall sign
COMMERCIAL AND INDUSTRIAL COASTAL ZONING DISTRICTS
Freestanding 1 freestanding 1 N.ft.of sign Not to exceed Located on street
signs. sign allowed per 20 ft.in height
Permitted on site.
area per lineal frontage only.At
for pylon signs,
Foo[of primary leas[15 fee[from
On-site sign sites with May be used in or 8 Yes
minimum 50 combination with street frontage, ft maximum any building sign
ft.of other allowed 75 sq.ft.max. height and 6 ft. and 50 feet from
frontage. building signs. per sign. maximum any freestanding
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
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Newport Beach Municipal Code Page 25/38
Chapter 21.30 PROPERTY DEVELOPMENT
STANDARDS
i. Environmentally Sensitive Habitat Areas(ESHA)and ESHA buffer areas.
ii. Fuel modification zones abutting an ESHA and sites where a biological survey has identified
significant natural habitat.
iii. Natural habitat and nonurbanized areas.
iv. Within fifty(50)feet of a designated environmentally sensitive habitat area.
C. Dune Habitats.Plant materials in southern coastal foredune and southern dune scrub habitat areas
shall be restricted to native plant species.
d. ESHA Buffers. See Chapter 21.30B(Habitat Protection).
e. Deciduous Trees.Landscape designs shall maximize the use of deciduous trees.
f. Grouping of Plants.Plants having similar water use requirements shall be grouped together in
distinct hydrozones.
4. Maintenance.
a. Landscape materials and landscaped areas shall be maintained in compliance with an approved
landscape plan.
b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular
pruning,fertilizing,mowing and trimming. Lawn areas shall be exempt from the healthv and growing
condition provision when the City Council has declared a Level Three water supply shortage and all lawn,
landscape,and other vegetated areas shall be exemnt from the healthy and growing condition requirement
when the City Council has declared a Level Four water supply shortage.
C. Landscaped areas shall be kept free of weeds,debris,and other undesirable materials.
d. Irrigation systems shall be kept in good operating condition,including adjustments,replacements,
repairs,and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be
made on a regular basis.
C. The nonnative and invasive ornamental plant species shall be removed in areas where such materials
are restricted or prohibited by subsection(B)(3)(b)of this section.
f Landscape materials and landscaped areas shall be maintained to minimize impacts to public
viewsheds to the greatest extent feasible.
C. Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive
runoff,low head drainage,overspray,and other similar conditions where water flows onto adjacent property,
nonirrigated areas,walks,roadways,or structures is prohibited. Use of recycled/reclaimed water for irrigation
instead of potable water is encouraged.
D. Fuel Modification. See Section 2130.015(E)(6).(Ord.2016-19 § 9(Exh.A)(part),2016)
21.30.085 Water Efficient Landscaping.
A. Applicability. All planting, irrigation,and landscape-related improvements required by this section shall apply
to the following:
1. New landscape installations with a landscaped area equal to or greater than five hundred(500)square feet
or which otherwise require a ministerial permit for a landscape or water feature;
2. Landscape rehabilitation projects with a landscaped area equal to or greater than two thousand five
hundred(2,500)square feet or which otherwise require a ministerial permit for a landscape or water feature.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
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Newport Beach Municipal Code Page 1/2
21.38.040 Nonconforming Structures.
Nonconforming structures may be maintained, altered,or added on to only in compliance with the provisions of this
section.
A. Maintenance and Repairs.Routine maintenance and repairs may be made to nonconforming principal and
accessory structures.The replacement of fifty(50)percent or more of a structure is not repair and maintenance but
instead constitutes a replacement structure.
B. Nonstructural Alterations. Changes to interior partitions or other nonstructural improvements may be made to
nonconforming principal structures,but shall not be made to accessory structures.
C. Structural Alterations. Structural elements,with the exception of foundations of nonconforming principal
structures(see subsection(D)of this section),may be modified,repaired,or replaced when the proposed
improvements do not increase the degree of nonconformity. Structural alteration of nonconforming accessory
structures is not allowed.
D. Foundation Alterations.Routine maintenance and repairs may only be made to foundations of nonconforming
principal structures if the foundation is not within a geologic setback or bulkhead setback area.A foundation of a
nonconforming principal structure may be repaired or maintained when necessary and in conjunction with additions
allowed in compliance with subsection(G)of this section and Section 21.38.060(A).For any alterations beyond
routine repair or maintenance,the nonconforming structure shall be required to be brought into compliance with all
applicable standards and regulations of this Implementation Plan,except as provided in subsection(F)of this
section.Alterations to nonconforming accessory structures shall not be allowed.
E. Seismic Retrofits.Alterations to nonconforming structures due to seismic retrofitting requirements are
allowed in compliance with the California Existing Building Code.
F. Reasonable Accommodation.Improvements to a nonconforming structure that are necessary to comply with
an approved reasonable accommodation in compliance with Federal and State fair housing laws shall be allowed.
G. Additions.Nonconforming structures may be expanded and the existing nonconforming elements of the
structure shall not be required to be brought into compliance with the development standards of this Implementation
Plan subject to the following limitations and the limitations provided in Section 21.38.060(Nonconforming
Parking):
1. Expansion shall be limited to a maximum of fifty(50)percent of the gross floor area of the existing
structure;expansion of residential structures may be permitted up to a maximum of seventy-five(75)percent
with the approval of a coastal development permit.
2. The floor area of any addition,together with the floor area of the existing structure,shall not exceed the
allowed maximum floor area for the coastal zoning district;
3. The addition shall comply with all applicable development standards and use regulations of this
Itnplementation Plan; and
4. Additional parking shall be provided in compliance with Section 21.38.060(Nonconforming Parking).
H. Nonconformity with Coastal Resource Protection Regulations. If a structure is nonconforming due to a coastal
resource protection development regulation of Section 21.28.040(Bluff(B)Overlay District), Section 21.28.050
(Canyon(C)Overlay District), Section 21.30.030(Natural Landform and Shoreline Protection),Chapter 21.30A
(Public Access and Recreation),or Chapter 21.30B(Habitat Protection)and when proposed development such as
alterations or additions would involve demolition or replacement of more than fifty(50)percent of the exterior
walls,or foundation of an existing structure,the entire structure shall be brought into conformity with all current
development regulations and all applicable policies of the certified Local Coastal Program.
I. Exceptions.
41
Newport Beach Municipal Code Page 115
Chapter 21.50 PERMIT APPLICATION FILING AND
PROCESSING
Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
Sections:
21.50.010 Purpose.
21.50.020 Authority for Decisions.
21.50.025 Projects Bisected by Jurisdictional Boundaries.
21.50.030 Application Preparation and Filing.
21.50.040 Application Fees.
21.50.050 Initial Application Review.
21.50.060 Project Evaluation and Staff Reports.
21.50.070 Environmental Review.
21.50.080 Posting Notice.
21.50.010 Purpose.
This chapter provides procedures and requirements for the preparation, filing,and processing of permit applications
required by this Implementation Plan. (Ord.2016-19 § 9(Exh.A)(part),2016)
21.50.020 Authority for Decisions.
A. Review Authority.Table 21.50-1 (Review Authority)identifies the review authority responsible for reviewing
and making decisions on each type of application required by this Implementation Plan.
TABLE 21.50-1
REVIEW AUTHORITY
Role of Review Authority(1)
Applicable Code
App
Type of Action Harbor
Chapter/Section Director Zon1°g Resources Commission Council(2) Coastal
Administrator. Manager Commission
Administrative and Legislativei
Interpretations Section 21.12.020 Detennination Appeal Appeal Appeal(8)
LCP Amendments Recommend Decision(4) Decision(4)
Approvals in Section Determination Determination Appeal Appeal
Concept 21.52.015(B)(1)(a) (3) (5)
Waiver for De r
Minions Section 21.52.055 Decision(9) Appeal App-491
Development
Permits and Approvals
Coastal Development Section 2 L52.O15 Decision(� Appeal(2)
Appeal Appeal Decision(7)
Permits
Emergency Coastal
Development Permits Section 21.52.025 Decision(3) Appeal Appeal
Notes:
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Newport Beach Municipal Code Page 2/5
Chapter 21.50 PERMIT APPLICATION FILING AND
PROCESSING
(1) "Recommend"means that the Commission makes a recommendation to the Council;"Determination"and`Decision"mean that the
review authority makes the final determination or decision on the matter;"Appeal"means that the review authority may consider and decide
upon appeals to the decision of a previous decision making body,in compliance with Chapter 21.64(Appeals and Calls for Review).
(2) The Council is the final review authority for all applications in the City.A decision by the City on a coastal development pemrit
application within the appeal areas depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or a project that constlmtes a
major public works project or energy facility may be appealed to the Coastal Commission in compliance with Chapter 21.64(Appeals and Calls
for Review).
(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action.
(4) The California Coastal Commission is the final decision making authority on amendments to the Local Coastal Program.
(5) For development located on tidelands or submerged lands that did not involve a discretionary action authorized by this Implementation
Plan where the authority is specifically assigned to the Council,Commission,Director,or Zoning Administrator.
(6) If the project also requires another discretionary approval(e.g.,conditional use permit,variance,etc.),then the applicable review authority
shall be the authority for the other discretionary approval.
(7) All development on tidelands;submerged lands,and public trust lands as described in Califomia Public Resources Code Section 30519(b)
and in deferred certification areas designated by the Local Coastal Program shall require a pemot issued by the Coastal Commission in
accordance with procedures specified by the Coastal Commission,in addition to other permits or approvals required by the City.This provision
does not include those tidelands,submerged lands,and public trust lands where permit authority may be delegated to the City at a metre date if
determined by the Coastal Commission to be filled and developed and located within an area committed to urban uses pursuant to Coastal Act
Section 30613.
(8) Appeal procedure for interpretations shall only apply to interpretations made by the Director on the determination of whether a
development is categorically excluded,exempt,nonappealable or appealable to the Coastal Commission according to the dispute resolution
process in compliance with Section 21.50.050(B).
(9) A waiver shall not take effect until after the Director makes his/her report to the City Council.If one-third of the City Council(two
members)so request,such issuance shall not be effective and,instead,the application for a coastal development permit shall be processed in
accordance with the coastal development Permit provisions of Chanter 21.52(Coastal Development Permit Review Procedures).
(Ord.2016-19§9(Exb.A)(part),2016)
21.50.025 Projects Bisected by Jurisdictional Boundaries.
A. Projects Bisected by Coastal Zone. Where a proposed project site is physically located both within and
outside the coastal zone,the following procedures apply:
1. A coastal development permit shall be required for a lot or parcel proposed for subdivision that is
bisected by the coastal zone boundary.
2. For any development involving a structure or similar integrated physical construction partially in the
coastal zone,a coastal development permit shall be required for the development in the coastal zone.
B. Projects Bisected by City and Coastal Commission Jurisdiction.Where a proposed development is located
within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development
permits are required by both the City and the Coastal Commission.Alternatively, if the applicant,the City and the
Coastal Commission agree,the Coastal Commission can process a consolidated coastal development permit
application pursuant to the procedures in Public Resources Code,Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the
City and another local government,the applicant must obtain separate coastal permits from each jurisdiction.An
exception is possible for public agencies that,pursuant to California Public Resources Code Section 30605,may
obtain one"Public Works Plan"approval from the Coastal Commission,in lieu of locally issued coastal permits.
(Ord.2016-19 § 9(Exh.A)(part),2016)
21.50.030 Application Preparation and Filing.
A. Application Contents.Each permit application required by this Implementation Plan shall be filed with the
Department on the appropriate City application form,together with all required fees and/or deposits and all other
information and materials specified by the Director for the specific type of application.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
-4.3
Newport Beach Municipal Code Page 9/11
Chapter 21.52 COASTAL DEVELOPMENT REVIEW
PROCEDURES
7. A statement that a public comment period of sufficient time to allow for the submission of comments by
mail will be held prior to the decision.
F. Report to the City Council. The Director shall report to the City Council at its next available public meeting
those projects for which waivers are proposed,with sufficient description to give notice of the proposed
development to the City Council.A list of waivers issued by the Director shall be available for public inspection at
the public counter of the Gam_..._a..Development Department and at the City Council meeting during which any
waivers are reported.A waiver shall not take effect until after the Director makes his/her report to the City Council.
If ene third two members of the City Council so request, such issuance shall not be effective and,
instead,the application for a coastal development permit shall be processed in accordance with the coastal
development permit provisions of this chapter. (Ord. 2016-19 § 9(Exh.A)(part),2016)
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for
development,and where issuance of the permit or authorization is conditioned upon the applicant recording a legal
document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land
for public use, a copy of the permit conditions, findings of approval,and drafts of any legal documents proposed to
implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the
issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574:
1. The Executive Director of the Coastal Commission shall review and approve all legal documents
specified in the conditions of approval of a coastal development permit for public access and conservation/open
space easements.
a. Upon completion of permit review, and prior to the issuance of the permit,the City shall forward a
copy of the permit conditions, findings of approval,and copies of the legal documents to the Executive
Director of the Coastal Commission for review and approval of the legal adequacy and consistency with
the requirements of potential accepting agencies;
b. The Executive Director of the Coastal Commission shall have fifteen(15)working days from receipt
of the documents in which to complete the review and notify the City of recommended revisions if any;
C. The City may issue the permit upon expiration of the fifteen(15)working day period if notification
of inadequacy has not been received by the City within that time period;
d. If the Executive Director has recommended revisions to the City,the permit shall not be issued until
the deficiencies have been resolved to the satisfaction of the Executive Director;or
2. At the time of coastal development permit approval,if the City requests,the Coastal Commission shall
delegate to the City the authority to process the recordation of the necessary legal documents pertaining to the
public access and open space conditions. Upon completion of the recordation of the documents the City shall
forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining
to the public access and open space conditions to the Executive Director of the Coastal Commission. (Ord.
2016-19 §9(Exh.A)(part),2016)
44
Newport Beach Municipal Code Page 10/11
Chapter 21.52 COASTAL DEVELOPMENT REVIEW
PROCEDURES
21.52.090 Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development standards of this Implementation
Plan when so doing is consistent with the purposes of the certified Local Coastal Program and will not have an
adverse effect,either individually or cumulatively,on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be modified or waived through the
approval of a coastal development permit,except:allowed and prohibited uses;residential density;nonresidential
floor area ratios;specific prohibitions(for example,prohibitions intended to protect coastal resources,prohibited
barriers to public access,limits on the use of protective structures,prohibited materials,prohibited plant species,
Prohibited signs,etc.);or procedural requirements.
1. Modifications. Minor deviations for the following development standards may be permitted when
practical difficulties associated with the property and that the strict application of the Implementation
Plan results in physical hardships:
a. Height modifications from exceptions identified in Part 3 of this title (Site Planning and
Development Standards). The following modifications are limited to not more than a ten (10)
percent deviation from the standard being modified.
i. Chimneys,rooftop architectural features, and vents in excess of the exception to the allowed
height hmits identified in Part 3 of this title(Site Planning and Development Standards);
ii. Flagpoles in excess of the exception to the allowed height limits;and
iii. Heights of fences,hedges,or walls(except retaining walls).
b. Setback Modifications. The following modifications are limited to not more than a ten (10)
percent deviation from the standard being modified.
i. Encroachments in front, side, or rear setback areas while still maintaining the minimum
clearances required by Section 21.30.110(Setback Regulations and Exceptions).Exceptions
include the following:
(A) Modifications shall not be allowed for encroachments into alley setbacks;and
(B) Modifications shall not be allowed for encroachments into bluff setback areas.
ii. Structural appurtenances or projections that encroach into front, side,or rear setback areas.
C. Other Modifications. Except as otherwise provided,the following modifications are not limited
in the amount of deviation from the standard being modified:
i. Distances between structures located on the same lot;
ii. Landscaping standards in compliance with Chapter 21.30.075 (Landscaping), except for
subsection(13)(3);
iii. Size or location of parking spaces, access to parking spaces, and landscaping within
parkin areas;
reas;
v. Increase in allowed floor area of additions for uses that have nonconforming parking;
vi. Increase in allowed height,number, and area of signs;
45
Newport Beach Municipal Code Page 11/11
Chapter 21.52 COASTAL DEVELOPMENT REVIEW
PROCEDURES
vii, Increase in the allowed height of retaining walls;and
viii. Increase in allowed floor area of additions for nonconforming residential structures as
identified in Section 21.38.040(Nonconforming Structures).
2. Variances. Waiver or modification of certain standards of this Implementation Plan may be permitted
when, because of special circumstances applicable to the property, including location, shape, size,
surroundings,topography,or other Physical features,the strict application of the development standards
otherwise applicable to the property denies the property owner privileges ended by other property
owners in the vicinity and in the same coastal zoning district.
3. Modifications and Waivers Authorized Elsewhere. This section is not applicable when a modification
or waiver to a development standard is specifically authorized elsewhere in this 1=1ementation Plan.
C. Findings and Decision.The review authority may approve or conditionally approve a modification or waiver to a
development standard of this Implementation Plan only after first making all of the following findings:
1. The granting of the modification is necessary due practical difficulties associated with the property and that
the strict application of the Implementation Plan results in physical hardships;or
2. The granting of the variance is necessary due to special circumstances applicable to the property,including
location, shape, size, surroundingstopogrQhy, and/or other physical features,the strict application of the
development standards otherwise applicable to the property denies the property owner privileges ended by
other property owners in the vicinity and in the same coastal zoning district;and
3. The modification or variance complies with the findings required to approve a coastal development permit
in Section 21.52.015(F);
4. The modification or variance will not have an adverse effect,either individually or cumulatively,on coastal
resources;and
1-5.The granting of the modification or variance "I not be contrary to, or in conflict with,the purpose of this
Implementation Plan,nor to the applicable policies of the certified Local Coastal Program.
Newport Beach Municipal Code Page 3/4
Chapter 21.62 PUBLIC HEARINGS
5. Failure to Receive Notice.The failure of any person or entity to receive notice given in compliance with
this section shall not be grounds to invalidate the actions of the applicable review authority. (Ord.2016-19 § 9
(Exh.A)(part),2016)
21,62.030 Hearing Procedure.
A. Time and Place of Hearing.A hearing shall be held at the date,time,and place for which notice was given.
B. Continued Hearing.A hearing may be continued without further notice,provided the official or chair of the
review authority announces the date,time,and place to which the hearing will be continued before the adjournment
or recess of the hearing.
C. Deferral of Final Decision.The review authority may announce a tentative decision and defer their action on a
final decision until appropriate findings and/or conditions of approval have been prepared. (Ord.2016-19§ 9(Exh.
A)(part),2016)
21.62.040 Decision.
A. Decision.
1. The review authority may announce and record their decision on the matter being considered at the
conclusion of a scheduled hearing,or defer action and continue the matter to a later meeting in compliance with
Section 21.62.030(Hearing Procedure).
2. The Director or Zoning Administrator, as applicable,may instead refer the matter to the Commission for
a decision.
B. Effective Date of Decision.
1. The decision of the applicable review authority is final and effective at the end of the applicable appeal
period.
2. The decision of the Council shall be final on any coastal development permit matter except for an
appealable coastal development permit as specified in the notice in compliance with Section 21.62.020(Notice
of Public Hearing),above,and as specified in Section 21.64.035 (Appeal to the Coastal Commission). (Ord.
2016-19 § 9 (Exh. A)(part),2016)
21.62.050 Public Hearing Waiver for Minor Development.
A. Purpose., The purpose of this section is to provide a process, in accordance with Section 30624.9 of
the Coastal Act,through which the public hearing requirement may be waived for certain minor
developments that require coastal development pennits.
B. Minor Development Defined. For purposes of this section, "minor development" means a
development that the Director determines satisfies all of the following requirements:
1. Is consistent with the certified Local Coastal Pro am;
2. Requires no discretionmy Uprovals other than a coastal development permit; and
3. Has no adverse effect either individually or cumulatively on coastal resources or public
access to the shoreline or along the coast.
C. Procedure. The Director may waive the requirement for a public hearing on a Coastal
Development Permit application for a minor development, if all of the following occur:
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
47
Newport Beach Municipal Code Page 4/4
Chapter 21.62 PUBLIC HEARINGS
1. Notice is mailed or delivered to all persons and agencies required to be notified under
Section 21.62.020(B)(2). The notice shall contain and shall contain all of the information required
in Section 21.62.020(A). In addition, the notice of waiver of public hearing for the pending
application shall contain the following_
a. A statement that a public hearing will be held upon the written request of any
person provided that such written request is received by the Department within fifteen
(15)working days from the date of sending the notice; and
b. For proposed development within the appealable area, a statement that failure by
a person to submit a written request for a public hearing may result in the loss of that
person's ability to appeal to the Coastal Commission any action taken by the City on a
coastal development permit application in this matter.
2. No request for public hearing is received by the Department within fifteen (15) working
days from the date of sending the notice pursuant to subsection (1) of this section.
3. Requests for hearing must be made in writing to the Department. Upon receipt of a
request for a hearing, the Department shall schedule the matter for a public hearing and issue
notice of such hearing consistent with the provisions of this Chapter.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
42
Newport Beach Municipal Code Page 1/4
Chapter 21.64 APPEALS AND CALLS FOR REVIEW
Chapter 21.64
APPEALS AND CALLS FOR REVIEW
Sections:
21.64.010 Purpose.
21.64.020 Appeals or Calls for Review.
21.64.030 Filing and Processing of Appeals and Calls for Review.
21.64.035 Appeal to the Coastal Commission.
21.64.050 Judicial Review of City Decision.
21.64.010 Purpose.
The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions
of the Director,Zoning Administrator,and Planning Commission, and to establish provisions for appeals to the
Commission and Coastal Commission. Any provision of this Implementation Plan relating to appeals shall be
considered a call for review and processed according to this chapter when initiated by a member of the Commission
or City Council under Section 21.64.030(A)if the purpose for the call for review is to bring the matter in front of the
entire body for review. (Ord.2016-19§ 9(Exh.A)(part),2016)
21.64.020 Appeals or Calls for Review.
A. Director. Interpretations and decisions of the Director may be appealed or called for review to the Planning
Commission, with the exception of waivers for de minimis development,which are reported to the City Council
pursuant to Section 21.52.055(E).
B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the
Planning Commission.
C. Planning Commission.Decisions of the Commission may be appealed or called for review to the Council.
(Ord. 2016-19 § 9(Exh. A)(part),2016)
21.64.030 Filing and Processing of Appeals and Calls for Review.
A. Eligibility.Appeals may be initiated by any interested party. Calls for review may be initiated by a member of
the Planning Commission or City Council,in the member's official capacity,if the purpose for the call for review is
to bring the matter in front of the entire body for review.
B. Timing and Form of Appeal and Calls for Review. An appeal shall be submitted in writing and shall state the
facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council,in their
official capacity,shall be submitted in writing and shall be for the purpose of bringing the matter in front of the
entire body for review.
1. General Appeals.
a. Filing an Appeal or Call for Review.An appeal or call for review shall be filed with the Director or
City Clerk,as applicable,within fourteen(14)days fallowing the date the action or decision was rendered.
i. Appeals addressed to the Commission shall be filed with the Director on forms provided by the
Department;and
ii. Appeals addressed to the Council shall be filed with the City Clerk on forms provided by the
Clerk.
iii. Calls for review addressed to the Planning Commission shall be filed with the Director on forms
provided by the Department; and
iv. Calls for review addressed to the City Council shall be filed with the City Clerk on forms
provided by the Clerk.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
Newport Beach Municipal Code Page 3/4
Chapter 21.64 APPEALS AND CALLS FOR REVIEW
3. In the event of a tie vote by the review authority on an appeal or call for review,the decision being
appealed shall stand. (Ord.2016-19 § 9(Exh.A)(part),2016)
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development as defined
in subsection(A)of this section may be appealed to the Coastal Commission in compliance with this section and
Title 14 California Code of Regulations Sections 13111 through 13120 and Section 30603 of the Coastal Act.If
there is any conflict between the provisions of this section or Title 14 California Code of Regulations Sections
13111 through 13120 and Section 30603 of the Coastal Act,Title 14 California Code of Regulations Sections 13111
through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development—Public Resources Code Section 30603(a).A decision by the City on a coastal
development permit application within the appeal areas identified in Public Resources Code Section 30603(a)as
generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development
approved or denied by the City on a coastal development permit application for a project that constitutes a major
public works project or energy facility may be appealed to the Coastal Commission.
B. Status of Appellant.
1. Who May Appeal.An appeal may be filed by an applicant,an aggrieved person,or two members of the
Coastal Commission in compliance with Public Resources Code Section 30625.
2. Aggrieved Person Defined.As provided by Public Resources Code Section 30801, an aggrieved person is
any who,in person or through a representative,appeared at a public hearing held before the Zoning
Administrator,Planning Commission,or Council in connection with the decision or action appealed,or who,
by other appropriate means prior to a hearing,informed the City of the nature of their concerns or who for good
cause was unable to do either.
C. Exhaustion of City Appeals Required.An applicant or other aggrieved person may appeal a City decision on a
coastal development permit application to the Coastal Commission only after exhausting all appeals to the Planning
Commission and Council in compliance with this chapter.Except that exhaustion of all local appeals shall not be
required if any of the circumstances identified in Code of Regulations Section 13573 apply,including,but not
limited to,the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter because City notice and
hearing procedures did not comply with Title 14,Division 5.5,Chapter 8,Subchapter 2,Article 17 of the
California Code of Regulations;or
2. An appeal of a City decision was filed by two members of the Coastal Commission in compliance with
Public Resources Code Section 30625.Notice of a Coastal Commissioner's appeal shall be transmitted to the
City in compliance with Title 14 California Code of Regulations Section 13111(d).Theme ty Director may
transmit the Coastal Commissioners' appeal to the local appellate body(which considers appeals from the leeal
body review authority that rendered the final decisions subject to the Coastal Commissioners' appeal), and the
Coastal Commissioners' appeal may be suspended pending a decision on the merits by that4oeal City appellate
body.If the final action by an appellate body modifies or reverses the previous decision,the Coastal
Commissioners appeal shall be required to file a new appeal from that decision.
D. Grounds for Appeal to Coastal Commission—Public Resources Code Section 30603.The grounds for an
appeal to the Coastal Commission of a City final action on a coastal development permit application are as follows:
1. For approval of a coastal development permit as described in subsection(A)of this section,an allegation
that the project does not conform to the standards of the Local Coastal Program or the public access policies of
the Coastal Act;
2. For denial of a development described in subsection(A)of this section,an allegation that the project
conforms to the standards of the Local Coastal Program and the public access policies of the Coastal Act.
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
SD
Draft LCP Amendment for Balboa Parking Management Overlay District
LC2017-001 (PA2017-046)
I. Section 21.28.030 Parking Management (PM) Overlay District is amended as follows
with added text underlined:
A. Parking Management District Plan Required. Before approving a Coastal Zoning Map
amendment reclassifying land to a PM Overlay District, the Commission and Council shall
approve a parking management district plan.
B. Establishment of Parking Management Program(s).The parking management district
plan shall identify existing and planned parking facilities and establish parking
management programs necessary to adequately serve the parking needs of the area and
address the following issues:
1. The provision of adequate, convenient parking for residents, guests, business patrons,
and visitors of the coastal zone;
2. Optimizing the use of existing parking spaces;
3. Providing for existing and future land uses;
4. Reducing traffic congestion;
5. Limiting adverse parking impacts on user groups;
6. Providing improved parking information and signage;
7. Generating reasonable revenues to cover City costs;
8. Accommodating public transit and alternative modes of transportation.
C. Exemptions. The parking management district plan shall also include a formula or
procedure establishing the extent to which commercial, residential, and mixed-use
properties shall be exempted from the requirements of Chapter 21.40 (Off-Street
Parking).
D. Local Coastal Program Amendment Required. The implementation of any future
parking management district plans as a PM Overlay District shall require an amendment
to the Local Coastal Program approved by the Coastal Commission.
E. Parking Management Overlay Districts Established. The parking management
districts identified in this section and depicted in the referenced maps exhibits adopted in
Part 8 of this Implementation Plan.
1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams
Street and depicted in Parking Management Overlay Map PM-1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay District
is to identify existing and planned parking facilities and establish parking programs
Public Review Draft updated —April 2017
152
Draft LCP Amendment for Balboa Parking Management Overlay District
LC2017-001 (PA2017-046)
to adequately serve the parking needs for Balboa Village. Additionally, the District
establishes modified parkinq requirements for properties that differ from the basic
requirements of Chapter 21.40 (Off-Street Parkina).
b. Existinq Parking Facilities. The City maintains six public parking lots within or near
the District: 1)A Street lot, 2) B Street lot, 3)Washington Street lot, 4) Palm Street
lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City provides and
maintains a small number of on-street parking spaces along Balboa Boulevard,
Palm Street, and Bay Avenue. The City intends to maintain public parking facilities:
however, should the need arise, the City may modify, add, or remove parking
spaces to ensure safe and efficient operations and meet parking demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and
construction and the underutilization of existing parking, additional off-street
parking facilities are not necessary to meet the demand of existing uses. Parking
demand shall be monitored and evaluated by the City to determine whether
additional District parking is necessary, economical, appropriate, and desirable.
The City may acquire or lease parking facilities to make them available to the
public.
d. Required Off-Street Parking
i. Non-residential Uses. No off-street parking shall be required for any new non-
residential use or intensification of uses except the following uses as defined
by the Implementation Plan: Assembly/Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, all Marine Services Uses,
Schools, and Visitor Accommodations. Uses that require off-street parking
shall provide said spaces in accordance with Chapters 21.40 (Off-Street
Parking) and 21.38 (Nonconforming Uses and Structures).
ii. Residential Uses. Residential uses shall provide parking in accordance with
Chapters 21.40 (Off-Street Parking) and 21.38 (Nonconforming Uses and
Structures).
iii. Existing off-street parking spaces shall be preserved unless the elimination of
spaces is authorized by the approval of a coastal development permit
application by the Zoning Administrator.
iv. Shared Parking for Non-residential Uses. Notwithstanding the Implementation
Plan requirement that off-street parking be reserved for the use it serves, the
shared use of parking is allowed and encouraged. Shared parking shall be
subject to the following requirements:
(A) Required Off-street Parking. When required, parking for non-residential
uses may be satisfied by leasing nearby parking spaces at off-site
locations within 1,250 feet of the parcel it serves. Development on multiple
parcels with reciprocal access agreements is considered one site for
parking purposes. If the spaces are required or otherwise leased to other
uses, the hours of operation shall not significantly overlap. The distance
between the parking facility and the use it serves shall be measured along
public walkways from the closest portion of the parking facility to the main
Public Review Draft updated —April 2017
52
Draft LCP Amendment for Balboa Parking Management Overlay District
LC2017-001 (PA2017-046)
entrance of the use. The leasing of off-site parking to satisfy required
parking shall be maintained in perpetuity when the use requires it and may
only be discontinued if the use is discontinued.
(B) Excess Parking. Parking that is not necessary to satisfy off-street parking
requirements may be leased to other uses or made available to the
general public.
(C) Parking within Mixed-use Buildings. Parking for different uses within a
new, mixed-use building may be shared subject to the review and approval
of a coastal development permit application.
(D) The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director
when in compliance with the following conditions:
(1) Shared parking spaces are within 1,250 feet as described in Section
21.28.030.D.5.d.1:
(2) There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking:
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses:
(4) The property owners involved in the shared parking facilities provide a
binding agreement or other legal instrument assuring the joint use of
the parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a
parking management program to address potential parking conflicts.
(E) Section 20.41.110.A.2 (Joint Use of Parking Facilities) does not apply
within the Balboa Village Parking Management Overlay District.
v. Private Parking Facilities Available to the General Public. Non-residential, off-
street parking facilities are encouraged to be made available to the general
public, even if the parking facility is required for existing developments. Subject
to City Council review and approval, the City may enter into an agreement with
the property owner for the use and/or management of the parking facility.
Allowing general public access to private off-street parking facilities shall not
affect the property's conformance with its required off-street parking. The
agreement should at a minimum address hours of availability for use by the
general public, signage, maintenance, duration of agreement, and liability.
e. Suspension of In-lieu Parking. Uses within the Balboa Village Parking
Management Overlay District shall not be eligible for in-lieu parking pursuant to
Section 21.40.130 (In-Lieu Parking Fee).
f. Voluntary Employee Parking. The City will develop and implement a voluntary
Balboa Village Employee Permit Program that will include reduced fees and
designated parking locations for employee parking during specified hours.
Public Review Draft updated —April 2017
53
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Appendix C — Oceanfront Encroachment Policy Guidelines
The Oceanfront Encroachment Policy established specific restrictions and conditions on the
installation of private improvements in the public right of way along the oceanfront from the Santa
Ana River Channel to Channel Road.
The policy included a mitigation program involving the reconstruction of 33 unimproved street
ends between 36th Street and Summit Street to provide additional parking and improved public
access. In 2002, the final five street ends were reconstructed. Pursuant to the mitigation
program, a minimum of 85 percent of the encroachment fees will be used for the construction and
maintenance of improvements which directly benefit the beach-going public such as parking
spaces, restrooms, vertical or lateral walkways along the beach and similar projects.
The Oceanfront Encroachment Policy was originally approved by the Coastal Commission on
June 11, 1991 and finalized by the City Council through the adoption of Resolution No. 91-80 on
July 11, 1991. These restrictions and conditions were incorporated into the Coastal Land Use
Plan, which was approved by the Coastal Commission on October 13, 2005, adopted by the City
Council on December 13, 2005, and became effective on February 8, 2006.
These guidelines are intended to implement the Oceanfront Encroachment Policy by establishing
a procedure for approval of permitted encroachments, removal of prohibited encroachments,
limiting the extent of encroachments, and clarification of improvements permitted within each
encroachment zone.
A. Definitions.
1. For the purpose of this Section, the following words and phrases shall be defined
as specified below:
a. Existing encroachment shall mean any encroachment or improvement
installed or constructed before May 31, 1992.
b. New encroachment shall mean any encroachment or improvement
installed or constructed after May 31, 1992.
C. Improvements or Encroachments shall mean any object, thing or
landscaping:
i. within or oceanward of any encroachment zone described in this
policy;
ii. within or oceanward of the north edge of the Oceanfront Boardwalk,
between 36th Street and A Street; or
Newport Beach LCP Implementation Plan
Page C-1
50
iii. oceanward of any residential parcel from a point 250 feet southeast
of E Street to Channel Road.
d. Encroachment permit shall mean the permit issued by the Public Works
Director authorizing the maintenance or installation of encroachments or
improvements within the encroachment zones described in this policy.
e. Application shall mean any application for an encroachment permit
pursuant to the provisions of this policy and the land use plan of the local
coastal program.
f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean the
concrete walkway along the oceanside of ocean front residential properties
between 36th Street and a point approximately 250 feet southeast of E
Street.
B. Encroachment Zones.
Subject to compliance with the provisions of this policy:
1. The owner of any ocean front residential parcel between the Santa Ana River and
52nd Street may install improvements on the oceanside of the parcel up to a
maximum of 15 feet oceanward of the private property line and within an
oceanward prolongation of the property lines on the side of the parcel.
2. The owner of any oceanfront residential parcel between 52nd Street and 36th
Street may install improvements on the ocean side of the parcel up to a maximum
of 10 feet oceanward of the private property line and within an oceanward
prolongation of the property lines on the side of the parcel.
3. The owner of any oceanfront residential parcel between A Street and a point 250
feet southeast of E Street may install improvements up to the inland edge of the
Oceanfront Boardwalk and within an oceanward prolongation of the property lines
on the side of the parcel.
4. The owner of any oceanfront residential parcel between and including 1400 East
Ocean Front and Channel Road may install improvements on the oceanside of
the parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of the
parcel.
C. Prohibited Encroachments.
1. Encroachments and improvements are prohibited oceanward of private property
between 36th Street and A Street.
Newport Beach LCP Implementation Plan
Page C-2
57
2. Encroachments and improvements are prohibited oceanward of any ocean front
parcel from a point 250 feet southeast of E Street to Chaeael Readand including
107 G Street, with the exception of landscaping trees existing prior to October 22,
1991, and groundcover.
3. Any existing encroachment or improvement for which no application has been filed
on or before May 31, 1992, and any new encroachment or improvement for which
no application is filed prior to installation is prohibited.
4. Any new or existing encroachment or improvement which, on or after July 1, 1992,
is not in conformance with this policy is prohibited.
5. Any new or existing encroachment or improvement for which there is no valid
permit.
D. Permitted Encroachment/Improvements.
Subject to compliance with the provisions of this policy, the following improvements are permitted
within the encroachment zones described in Section B:
1. Patio slabs or decks no higher than six inches above existing natural grade. The
determination of grade will be made as provided in Section J.
2. Walls and/or fences less than 36 inches in height above existing natural grade.
The determination of grade will be made as provided in Section J.
3. Existing improvements which were constructed in conjunction with development
for which a building permit was issued may be approved by the Public Works
Director upon a finding that the improvement is consistent with or is modified to be
consistent with the standards of this chapter.
4. . Where a shoreline protective device per Section 21.30.030(Natural Landform
and Shoreline Protection) cannot be sited within private property, it may be sited
as close as feasible to private property. In no event shall a shoreline protective
device be constructed to protect a private encroachment authorized on a public
right-of-way.
E. Prohibited Improvements.
1. Except for perimeter walls and/or fences less than 36 inches in height, any
structural, electrical, plumbing or other improvements which require issuance of a
building permit.
2. Pressurized irrigation lines and valves.
3. Any object which exceeds 36 inches in height, exclusive of the following:
a. trees planted by the City of Newport Beach or private parties pursuant to
written policy of the City Council of the City of Newport Beach; or
Newport Beach LCP Implementation Plan
Page C-3
52
b. any landscaping or vegetation within the encroachment zone subject to the
following:
i. The vegetation or landscaping was installed prior to the first
effective date of this policy;
ii. The vegetation or landscaping does not block views from adjoining
property;
iii. The vegetation or landscaping does not function as a hedge as
defined in Title 20 of the Newport Beach Municipal Code; and
iv. The vegetation or landscaping does not impair or affect the health,
safety or welfare of persons using the oceanfront Walk, nearby
property owners, or residents of the area.
V. New plant materials that have not been approved by a coastal
development permit issued by the Coastal Commission.
Notwithstanding the provisions of this Subparagraph, the City reserves the right to reduce the
height of any existing landscaping at any time, upon a determination by the Public Works Director,
and after notice to the owner of property on which the vegetation or landscaping exists, that a
reduction in height is necessary or appropriate given the purposes of this policy.
F. Permit Process.
1. An encroachment permit shall be required for all permitted improvements. The
application shall be filed with the Public Works Department on a form provided by
the City. The application shall be signed by the owner of the property, or an agent
of the owner if the application is accompanied by a document, signed by the owner,
granting the agent the power to act for the owner with respect to the property. The
application shall be accompanied by a site plan, drawn to scale and fully
dimensioned, which accurately depicts the location, height, nature and extent of
all proposed improvements and objects within the encroachment zone.
Applications with incomplete information and/or inadequate drawings will not be
accepted.
2. Applications for existing encroachments must be filed on or before May 31, 1992.
Applications for new encroachments shall be filed before any encroachment or
improvement is installed. No new encroachments or improvements shall be
installed without an encroachment permit.
3. Upon receipt of the application, the Public Works Director shall, within fifteen (15)
days after the date of filing, determine if the application is complete or if additional
information is necessary or appropriate to an evaluation of the application. In the
event the application is incomplete or additional information is necessary, written
Newport Beach LCP Implementation Plan
Page C4
59
notice to that effect shall be sent to the property owner within twenty (20) days
after the application is filed.
4. With respect to applications for existing encroachments, an inspection shall be
conducted of all improvements within the encroachment zone before a permit is
issued by the Public Works Director. With respect to applications for new
encroachments, an on site inspection will be conducted after installation of the
improvements to insure conformity with provisions of the permit and this Section.
5. The Public Works Director shall approve the permit upon a determination that the
encroachments proposed to be constructed, or to remain, are permitted by this
Section, the applicant has agreed to abide by all of the terms and conditions
imposed on the permit, and the applicant has paid all fees.
6. The Public Works Director shall have the authority to condition his/her approval of
the encroachment permit as necessary or appropriate to insure compliance with
the provisions of this Section. The Public Works Director shall have the specific
authority to condition approval of an encroachment permit on the removal of
nonconforming improvements within a specified period of time.
7. The Public Works Director shall notify the applicant of his/her decision within sixty
(60) days after the application is filed and the decision of the Public Works Director
shall be final.
G. Term.
1. Except as provided in this Section, annual encroachment permits shall expire on
June 30 of each calendar year.
2. Encroachment permits issued prior to June 30, 1992 shall expire June 30, 1993.
H. Renewal.
1. Annual renewal fees shall be due and payable on or before May 31 preceeding the
annual term of the permit. For example: Annual renewal fees due on May 31,
2001, are for the period July 1, 2001 through June 30, 2002.
2. The Public Works Director shall approve annual renewal if:
a. The applicant has complied with all standard and special conditions of
approval;
b. The applicant has constructed only those improvements and
encroachments authorized by the permit;
C. The applicant is in compliance with all of the provisions of this policy.
Newport Beach LCP Implementation Plan
Page C-5
00
I. Standard Conditions.
1. The Public Works Director shall impose standard conditions of approval on all
encroachment permits. These standard conditions shall include, without limitation,
the following:
a. The obligation of permittee to comply with all of the provisions of this policy
and all conditions imposed upon the permit.
b. The right of the Public Works Director to revoke any permit after notice and
hearing if the permittee is in violation of this policy or conditions to the
permit.
C. The right of the City to summarily abate encroachments or improvements
which are prohibited by this policy or conditions on the permit upon ten (10)
day's written notice.
d. The obligation of permittee to pay all costs incurred by the City in summarily
abating any prohibited improvement.
e. The obligation of permittee to defend, indemnify and hold the City and its
employees harmless from and against any loss or damage arising from the
use or existence of the improvements or encroachment.
f. Permittee's waiver of any right to contest the City's street and public access
easement over property within or oceanward of the encroachment zones.
g. The right of the Public Works Director or his designee to inspect
improvements within the encroachment zone without notice to the
permittee.
h. The right of the City to cancel or modify any, or all, encroachment permit(s)
upon a determination by the City Council to construct a public facility or
improvement within or adjacent to the encroachment zone.
2. The construction of any seawall, revetment or other device necessary to control
erosion, shall occur as close to private property as feasible.
Erosion control devices shall not be placed or installed closer to the ocean to
protect improvements or encroachments.
3. The Public Works Director may impose additional standard conditions necessary
or appropriate to insure compliance with, or facilitate City administration of this
policy.
J. Determination of Grade.
1. The nature of the beach makes a precise determination of grade difficult. The level
of the sand changes with wind, storm, and tidal conditions. The Public Works
Newport Beach LCP Implementation Plan
Page C-6
01
Director shall determine the level from which the height of encroachments and
improvements is to be measured. In making this determination, the Public Works
Director shall consider the following criteria:
a. The existing natural grade in the area;
d. Any data on the historic elevation of the beach in that area.
K. Annual Fee.
1. The fees based on the depths of encroachment shown below shall be established
by resolution of the City Council and paid annually as a condition of the issuance
of encroachment permits:
Depth of Encroachment
0 - 5feet
5 - 7 1/2 feet
7 1/2 - 10 feet
10 - 15 feet
2. For purposes of determining fees, the average depth of the encroachment shall be
used. However, the maximum depth shall not exceed the limitations specified in
Section B. A dimensional tolerance not to exceed 12 inches may be allowed in
determining the appropriate fee to be paid by persons with existing
encroachments.
3. The annual fee shall be due and payable upon submittal of the application for the
initial encroachment permit. Renewal fees shall be due May 31 of each year. The
fee shall be considered delinquent thirty(30)days thereafter. Delinquent fees shall
be established by resolution of the City Council.
4. The annual fee shall be used to defray City costs of administration, incidental costs
of improvements on street ends along the oceanfront, and incidental costs to
enhance public access and use of the ocean beaches. At least eighty-five (85%)
percent of the fees shall be used by the City to implement the mitigation plan as
required by Amendment No. 23 to the Land Use Plan of the City's Local Coastal
Program. (See Section M.)
L. Violations/Remedy.
1. The City shall, in addition to any right or remedy provided by law, have the right to
do any or all of the following in the event a permittee is in violation of the provisions
of this policy or any condition to the permit, or any encroachment or improvement
violates the provisions of this policy:
Newport Beach LCP Implementation Plan
Page C-7
02
a. Revoke the permit after giving the permittee notice and an opportunity to
be heard upon a determination that there is substantial evidence to support
a violation of this policy. The Public Works Director shall establish the
specific procedures designed to insure that permittee receives due process
of law.
b. Summarily abate any encroachment or improvement violative of this policy
after giving the permittee or property owner ten (10) day's written notice of
its intention to do so in the event the permittee or property owner fails to
remove the encroachment or improvement. The permittee or property
owner shall pay all costs incurred by the City in summarily abating the
encroachment or improvement. The determination of the Public Works
Director with respect to abatement shall be final.
M. Mitigation Plan.
To mitigate any impact on beach access resulting from the encroachments, the City shall:
1. Reconstruct thirty-three unimproved street ends between 36th Street and Summit
to provide additional parking and approved access in accordance with the
following:
a. The reconstruction shall provide a minimum, where feasible, of two parking
spaces per street end and shall proceed in substantial conformance with
the standard drawing, attached as exhibit "A."
b. The City shall use at least eighty-five percent (85%) of the fees to fund
reconstruction of street ends until all have been improved. The City will use
its best efforts to improve three or more street ends per year(except during
the year when vertical handicapped access is constructed), and anticipates
that funding will be adequate to do so.
C. West Newport street-end parking spaces shall be metered in the same
manner as the West Newport Park in order to encourage public use of the
spaces.
2. Within three years after Council approval of this Resolution, City shall construct a
hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The
walkway shall extend oceanward a sufficient distance to allow a view of the surfline
by an individual seated in a wheelchair. At least one handicapped parking space
shall be designated at the Orange Avenue street end. City shall designate at least
one other handicapped space at one of the first three street ends improved.
3. Subsequent to the reconstruction of all West Newport street ends, at least eighty-
five percent (85%) of the fees generated by encroachments will be used for the
construction of improvements which directly benefit the beach going public such
Newport Beach LCP Implementation Plan
Page C-8
03
as parking spaces, transportation alternatives, rest rooms, vertical or lateral
walkways along the beach and similar projects.
Newport Beach LCP Implementation Plan
Page C-9
04
Newport Beach Municipal Code Page 2/4
Chapter 21.80 MAPS
B-7- Shorecliffs(PDF)
B-8 - Cameo Shores(PDF)
B-9—Upper Newport Bay Bluffs
• B-9A Upper Newport Bay Bluffs(PDF)
• B-913 Upper Newport Bay Bluffs(PDF)
• B-9C Upper Newport Bay Bluffs(PDF)
• B-91)Upper Newport Bay Bluffs(PDF)
(Ord.2016-19 §9(Exh. A)(part),2016)
21.80.025 Canyon Overlay.
C-I—Canyon Overlay(PDF)
(Ord. 2016-19 § 9(Exh. A)(part),2016)
21.80.030 Height Limit Areas.
H-I High Rise and Shoreline Height Limit Areas(PDF)
(Ord.2016-19 § 9(Exh.A)(part),2016)
21.80.035—Parkin¢Management Overlay District MaP .
PM-1 —Balboa Village Parking Management Overlay District
21.80.040 Setback Maps.
S-1 —Index Map(PDF)
S-IA-West Newport(PDF)
S-IB-West Newport(PDF)
S-2A-Balboa Peninsula(PDF)
S-213 -Balboa Peninsula(PDF)
S-2C-Balboa Peninsula(PDF)
S-21)-Balboa Peninsula(PDF)
S-2E-Balboa Peninsula(PDF)
S-217-Balboa Peninsula(PDF)
S-2G-Balboa Peninsula(PDF)
S-3A-Lido Isle(PDF)
S-313 -Lido Isle(PDF)
S-4-Balboa Island(PDF)
S-5 -Newport Heights(PDF)
The Newport Beach Municipal Code is current through Ordinance 2017-01,passed January 24,2017.
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Attachment No. PC 3
Correspondence
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OCTA
AFFILIATED AGENCIES April 10, 2017
Orange County
TransitOrstriet Mr. Patrick Alford
Local Transportation Planning Manager
Authority City of Newport Beach
Service Authority for 100 Civic Center Drive
Freeway Emergencies
Newport Beach, CA 92660
Consolidated Transporafion
Service Agency
Congestion Management
Agency Subject: Notice of Availability of Draft Local Coastal Program
Service Authority for Amendments
Abandoned Vehicles
Dear Mr. Alford:
Thank you for providing the Orange County Transportation Authority(OCTA)with
the Notice of Availability of the Draft Local Coastal Program Amendments
(Amendments). The following comment is provided for your consideration:
® From the Local Coastal Program, Page 2-74, Section 2.9.1, Subsection
`Bus Transportation', please revise the first paragraph to read as follows:
o "Public transportation services in Newport Beach are provided by
the Orange County Transportation Authority(OCTA) and consist of
regular fixed-route service and ADA Paratransit service through
ACCESS service. OCTA operates at the Newport Beach
Transportation Center located at Avocado Avenue and San
Joaquin Hills Road. Demand for bus service from the inland areas
to Newport Beach is intensified during the summer peak months.
OCTA adds buses to beach routes most in demand to offset
increased traffic congestion during the summer peak months."
Throughout the development of this project, we encourage communication with
OCTA on any matters discussed herein. If you have any questions or comments,
please contact me at (714) 560-5907 or at dphu(a)_octa.net.
Sincerely,
rW
Dan Phu
Manager, Environmental Programs
Orange County Transportation Authority
550 South Main Street/P.O.Box 14184/Orange/California 92863-15841(714)560-OCTA(6282) �j
April 11 , 2017, Council Agenda Item 18 Comments
The following comments on an item on the Newport Beach City Council agenda are submitted by:
Jim Mosher( iimmosher(o)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
Item 18. Local Coastal Program Amendments
A. Procedural Comments: Improperly before Council
I strongly object to this matter, which I believe is being improperly placed before the Council
without proper public review and without a recommendation from the Planning Commission.
Council members who were in office in 2016 may or may not recall that as originally submitted
to the Coastal Commission, the Implementation Plan included a Chapter 21.66 detailing the
procedures for amending it, including the need for a Planning Commission recommendation.
At the Council's November 7, 2016, meeting, staff reported (see that agenda packet, page 11-7)
that this chapter was deleted: "IP Chapter 21.66 (Amendments) provided procedures for the
amendment of the Local Coastal Program. Coastal Commission staff believes that it is
inappropriate for an implementation plan to include these procedures as the regulations for LCP
amendments are solely governed by the Coastal Act and its implementing regulations."
I suspect the complete deletion of Chapter 21.66 was a miscommunication between City and
CCC staff, since one need go no further than Huntington Beach or Laguna Beach to find IP's
with local regulations supplementing, without replacing, the statewide standards for amendment,
including a requirement for a Planning Commission recommendation preceding any Council
resolution.
In any event, I do not believe the City is free to ignore the procedural requirement
imposed by Table 21.50-1 of the recently certified LCP-IP, which is reproduced on page 18-
17 of the present staff report and which City staff does not recommend changing. That table
(see second line under"Administrative and Legislative") clearly indicates that (as in Huntington
Beach and Laguna Beach)the Council and CCC decisions on an LCP amendment are to be
preceded by a Planning Commission recommendation.
I therefore believe the present hearing is improper. But notwithstanding the neglect of that clear
requirement of the certified LCP-IP it is not at all clear that City staff has complied with even the
minimal requirements of the "Section 13515 of the California Code of Regulations" (Title 14,
Division 5.5), which it says it is following.
Section 13515 places on local agencies a requirement for"establishing procedures providing
maximum opportunities for the participation of the public and all affected governmental
agencies' and then sets minimal standards.
Not only has Newport Beach failed to establish any procedures (beyond the cryptic note calling
for Planning Commission review in IP Table 21.50-1), it is not clear it has met even the minimal
standards of Section 13515. For example, Resolution No. 2017-26 claims "review drafts of the
7o
April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 2 of 5
LCP amendments were made available and a Notice of the availability was distributed a
minimum of six weeks prior the public hearing." There is indeed such a requirement in Section
13515, yet the Notice and what purport to be review drafts at the Mariners Branch Library
(libraries being a minimal distribution location required by Section 13515) is stamped "March 10,
2017." And to the best of my knowledge no one in the public was informed that copies had
been distributed for public review: the City webpages devoted to the LCP and IP are completely
silent on the idea that any revisions were being contemplated after the CCC approval trumpeted
on the latter. Indeed, prior announcement of the present hearing on the City website appears to
have been confined to an obscure posting placed at a completely different location and
opaquely informing the public about a hearing involving "Balboa Village Parking Management."
In short, the public first became aware of the proposed amendments around 4 p.m. on the
afternoon of April 6, five days before the hearing, when they were released as part of the
Council's 643 page agenda packet.
And, on further examination, the five double-sided plus one single-sided page of often unlabeled
text provided without further explanation in the distribution placed at the Mariners Library
sometime after March 10 (which no one, in practice, knew about, and which is not six weeks
before the hearing) are at best an incomplete and inaccurate version of the revisions being
presented at the present in this agenda item.
Among the discrepancies noted:
• The highlighted words "government facilities' on page 18-29 of the present staff report
(and possibly others?) are not present in the Mariners draft
• The proposed changes to Section "21.30.010.015(E)(5)" shown on page 18-32 are not
announced in the Notice or shown in the draft changes. Indeed, it is not apparent from
the present report what Section 21.30.010.015(E)(5) is even part of, nor (it might be
observed) is there actually a Section 21.30.010.015 in the IP at all.
• The changes on page 18-37 are to a section mentioned in the Notice, but the proposed
changes are not shown in the Mariners draft.
• The changes on the present pages 18-38 through 18-41, and 18-58, are in neither the
Notice nor the Mariners draft
• The changes on pages on pages 18-44 through 18-57 are mentioned in the Notice, but
not shown in the Mariners draft
• The proposed resolution (see page 18-10) and all the notices say amendments are
being proposed "to Coastal Land Use Plan (CLUP) Policy 3.13" but I have been unable
to find any description of what those amendments might be. Does staff propose to
reveal the changes after Council approves them?
Of similar discrepancies within the present report, it might be noted that an extensive new
Section 21.52.090 is added on pages 18-18 through 18-20 of Attachment A, but as best I can
tell it not part of the redline of Attachment B.
In short, rather than "establishing procedures providing maximum opportunities for the
participation of the public," as required by Section 13515, City staff seems to have gone out of
72
April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 3 of 5
its way to ensure that the opportunities for public participation in the LCP amendment process
would be sub-minimal.
In summary, it is my firm belief that to bring this matter to the Council in compliance
with Section 13515 of the California Code of Regulations, a proper draft of the
proposed amendments needs to be redistributed with adequate public notice, and
then City staff needs to seek a recommendation from the Planning Commission as
required by Table 21.50-1 of the certified Implementation Plan.
B. Substantive Comments
If the Council chooses to proceed with sending these improperly and inadequately reviewed
changes to the Coastal Commission, based a quick reading of the material which I first became
aware of on April 6 (along with the 585 other pages of the Council agenda packet) I have a
number of specific comments. With the exception of the proposed new Section 21.52.090,
which as noted above is not disclosed in the redline and whose significance I have not had time
to assess, these comments refer to the page numbers in the redline of Attachment B, where the
proposed changes are more apparent.
1. Pages 18-29 through 30: 1 strongly object to the proposed emasculation of the
Shoreline Height Limitation policy.
For 47 years, residents of Newport Beach have relied on strong height limits to preserve
the low-key coastal environment of the bulk of the city, and dampen the wave of pre-
Coastal Act high rise development pressure. More recently we have relied on the City's
commitment to Shoreline Height limitations in CLUP Policy 4.4.2-1, as well as to
maintaining bulk and height standards, as they existed at the time of CLUP certification,
in Policies 2.2.2-4 and 4.4.2-3.
While it is true that the local height restrictions always allowed a number of minor
exceptions to the basic 35 foot height limit (including, to encourage a variety of
architectural styles, a 5 foot allowance for sloping roofs), the proposed changes simply
do not express the height restrictions as they existed at the time of certification, thereby
creating an internally inconsistent CLUP.
In particular, they insert a great number of vague and apparently unlimited exceptions
using words defined nowhere in the CLUP, as well as creating an entirely new exception
for"government facilities' (which, as noted above, would not have been found in the
"review" drafts, even if the public knew there were review drafts).
As one example among many, it appears that consistent with this proposed policy, the IP
could be expanded to completely exempt from height limits the "meeting facilities" of a
hotel complex. That has never been the public's understanding of the shoreline height
limits in Newport Beach.
Far more disturbingly, the proposed policy introduces a blanket exemption from the 35
foot limit for "planned communities." This is most certainly inconsistent with the public's
72
April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 4 of 5
understanding of the shoreline height limits, and in particular the local restrictions in
effect at the time of certification of the CLUP (see Ordinance 97-9). Former Zoning Code
Section 20.65.050.A (for applicability of height limits to Planned Communities approved
after October 11, 1972) said "in no event shall the development exceed the height
limits permitted in the height limitation zones" and former Section 20.65.060.0 (for
use of limits specified in Planned Community texts approved prior to October 11, 1972)
said "a use permit shall be required for any structure which exceeds the height limits
established by this chapter."
2. Page 18-32: Since these proposed edits, like many of the others, are presented out of
context, I have not had time to assess their significance.
3. Pages 18-33 through 35: As noted in comment 1, above, neither the CLUP nor the IP
properly express the nuances of the local 35 foot shoreline height limitation, including
the allowance of 5 feet for sloped roofs and other minor exceptions, but these proposed
changes make the discrepancies even worse, particularly to the extent they imply an
exemption from height limits is available for anything the staff and City Council declare to
be a "planned community."
4. Page 18-32: 1 have not had time to assess the significance of this proposed change.
5. Page 18-32: With regard to the proposed footnote (9), as noted in my comment to Item
14 on the Council's present consent calendar, a request from "two members' would not,
in the usual understanding of things, constitute a request from "one-third" of the Council,
any more than three are "one-half'. Whatever is intended, it is probably wiser to simply
cite the ambiguous code section by number rather than attempting to restate or
summarize it. Repeating the same regulation in two or more places does nothing but
lead to the possibility the various statements of policy may contradict each other.
6. Pages 18-40 through 41: As noted above, this proposed amendment was not noticed
or provided in the public review drafts that no one knew about. I have not had time to
assess it.
7. Pages 1844 through 48: The proposal for a Balboa Village Parking Management Plan
Overlay District seems remarkably similar to the plan that was previously submitted to
the Coastal Commission, but deleted before certification of the IP. Although I did not
have time to assess the former, if this proposal is changed from that, it would have been
helpful to indicate how, where and why. My impression is the Coastal Commission
wanted to see a comprehensive parking approach for the entire peninsula, not a
piecemeal one.
The summary on page 18-3 of the staff report suggests that this implementation will
eliminate parking requirements for"Most Commercial Uses," but not for such things as
"Cultural Institutions" and "Marine Services." I find it very hard to see how that objective,
particularly with regard to marine services, could be found consistent with the Coastal
73
April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 5 of 5
Act. Indeed, it would seem to place special burdens on the most coastal-dependent
uses, allowing them to be forced out by generic, non-coastal-related uses.
8. Pages 1849 through 57: As noted above, I have not been able to find anywhere the
text of the noticed change to CLUP Policy 3.13, which is presumably related to this. I
also have trouble finding the rationale for allowing any of these private encroachments
on public oceanfront property. The permission granted (on page 18-51)for private walls
and fencing on public property seems particularly problematic and inconsistent with
coastal access policies.
Of the specific changes proposed:
a. Pages 18-50 through 51: The rationale for having areas where encroachments
are allowed, but for some reason an area where they are not allowed,
somewhere between E Street and G Street, is both hard to fathom and hard to
visualize without a diagram (of which none seems to be provided). Only by
finding a map can the reader discover that 107 G Street is adjacent to, but inland
from, 1400 East Ocean Front, and that they share a west-facing beach-abutting
property line, with only 1400 East Ocean Front also having a south-facing beach-
abutting property line. Even knowing that, the code seems to say the owner of
107 G Street is prohibited from encroaching onto the sand to its west, but it is
impossible to tell if 1400 East Ocean Front is similarly restricted.
b. Page 18-57: The existing idea seems to be to use the encroachment fees to pay
for physical improvements to mitigate the effect of allowing physical
encroachments. I can see City staffs wish to use the fees to pay for its shuttle
service, but I would see spending on "transportation alternatives' to be a much
lower priority than providing physical improvements. In particular, it seems a
continuing blot on the character of Newport Beach that there are areas of the city
in which we allow private use of public beach property but do not provide
restrooms for use by the public trying to enjoy the portion of the beach left to
them. If"transportation alternatives" is allowed at all as an acceptable use of the
encroachment fees, I think it should be toward the bottom of the list, to be used
only after the other possibilities have been exhausted.
7--x"4"
Still Protecting ur Newport Inspiring The Next
Generation
PO Box 102 Balboa Island , CA 92662 949 . 864 . 6616
April 10, 2017
OFFICERS
Newport Beach City Council
PRESIDENT 100 Civic Center Drive
Marko Popovich Newport Beach, CA 92660
VICE PRESIDENT
Dorothy Kraus RE: City Council Agenda Item 18: Local Coastal Program Amendments (April 11, 2017)
TREASURER Dear Mayor Muldoon and Members of the City Council:
Dennis Baker
We would like to enter these comments into the public testimony regarding the
SECRETARY proposed request to the Coastal Commission amending the Local Coastal Plan. Our
Allan Beek concern is that buried within the red lined "clean-up" are very significant policy changes
_ of great concern to the residents of Newport Beach who have relied on the Shoreline
Height Limits to preserve the character of our community since the 19705.
BOARD MEMBERS
Of special concern are the changes shown in the redlining of Attachment B,Section 4.4.2-
Nancy Alston 1,where it says"In addition,height limits in excess of 35 feet may be established as part
Bruce Bartram
Don Harvey of an adopted planned community incorporated into the certified Local Coastal Program
Donald Krotee Implementation Plan ..."
Andrea Lingle
Elaine Linhoff Recently the residents of the City of Newport Beach have registered their concern about
Bobby Lovell increasing heights without a vote of the people and especially about those projects which
Jennifer McDonald are proposed using the Planned Community Development District as the vehicle for
Jeanne Price changing the zoning and eliminating the general policies of the city including heights. The
Melinda Seely City has more and more commonly waived the Planned Community District's
Jack Skinner requirement of 10 acres to allow for a development on as little as 1.3 acres.
Nancy Skinner
Jean Watt This trend is of serious concern to SPON and residents of Newport Beach and especially
Portia Weiss
Terry Welsh in the Coastal Zone. The waiver to allow Planned Community Developments of any size,
have led to what we believe to be "spot zoning" and piecemeal planning. All too often,
the city just reacts to a developer's request and juggles the zoning to allow piecemeal
zoning to happen.
STOP
o A 501(c)(3) non-profit public education organization working to protect and preserve the residential and
environmental qualities of Newport Beach.
H
ouA www.SPON-NewportBeach.org 1 Info@SPON-NewportBeach.org
FB SPON-Newport Beach I Twitter/Instagram @SPONNewport
715
Still Protecting ur Newport Inspiring The Next
Generation
PO Box 102 Balboa Island , CA 92662 1 949 . 864 . 6616
April 10, 2017
Page Two
City Council Agenda Item 18: Local Coastal Program Amendments (April 11, 2017)
Beyond that, even if a Planned Community were 10 acres or more, we are unaware of any precedent or
resident desire for exempting Planned Communities in the Shoreline Height Limitation Zone from the 35 foot
limit.
SPON urges the Council to reject these poorly vetted proposals and send the entire matter to the Planning
Commission for a more thorough public discussion.
Sincerely,
W&I& ;Dosiov"
President
cc:
Newport Beach City Council
City Council CityCouncil@@newportbeachca.gov
Leilani Brown, City of Newport Beach, City Clerk LBrown@newportbeachca.gov
CNB Community Development Staff
Kim Brandt, Community Development Director KBrandt@newportbeachca.gov
Patrick Alford, City of Newport Beach Planning Manager PAlford@newportbeachca.gov
California Coastal Commission
Jack Ainsworth, Executive Director John.Ainsworth@coastal.ca.gov
Karl Schwing, South Coast District Manager Karl.Schwing@coastal.ca.gov
Liliana Roman, Coastal Program Analyst Liliana.Roman@coastal.ca.gov
STOP
o A 501(c)(3) non-profit public education organization working to protect and preserve the residential and
environmental qualities of Newport Beach.
H
ouA www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org
FB SPON-Newport Beach I Twitter/Instagram @SPONNewport
70
Planning Commission- May 4, 2017
Item No. 3a Additional Materials Received
�t�EWPR2 Local Coastal Program Amendments �PA2017-047, PA2017-046 & PA2013-057)
}
@tn COMMUNITY DEVELOF, vT
Ir- 7 � 100 Civic Center Drive
Newport Beach,California 92660
949 644-3200
C4"FoRN�P newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Patrick J. Alford, Planning Program Manager
Date: April 27, 2017
Re: Agenda Item No. 3 — LCP Clean-up Amendments
Based on public feedback received, the Planning Division believes that it would be helpful
to provide a table that relates the proposed revisions to the Local Coastal Program (LCP)
Implementation Plan to the existing corresponding sections of the Zoning Code. This
demonstrates that the proposed amendments are consistent with the regulations already
in effect in the Zoning Code.
TABLET
LCP Clean-up Amendments
Implementation Plan— oning Code Guide
Subject IP Section Corresponding Zoning Notes
Code Section
Height limits are
Planned Community lower than permitted
Lido Villas PC 21.26.055(V) Development Plan No. by PC-59 to reflect
PC-59 via 20.26.010(A) final project
approval.
Shoreline protection 21.26.055(V) Revisions provide internally consistent language.
21.30.015(E)(5)(a)
Height Limits 21.30.060(C) 20.30.060(C)
21.30.060(D) 20.30.060(D)
Exceptions to
landscape maintenance 21.30.075(B)(4)(b) 20.36.050(C)(2)
standards
Expansion of
nonconforming 21.38.040(G)(1) 20.38.040(G)(1)
residential structures
Procedures for coastal development permits
CDP Waivers 21.50.025(F) (CDPs)are only contained in the LCP
Implementation Plan.
21.51.020—Table 21.50-1 20.50.020—Table 5-1
Procedures for CDP appeals are only contained
Appeals and Calls for 21.64.020(A) in the LCP Implementation Plan. Revisions
Review provide internal consistency.
Procedures for CDP appeals are only contained
21.64.035(C)(2) in the LCP Implementation Plan. Revisions
provide clarification.
Relief from IP 20.52.050 Modification Permits
Development 21.52.090 20.52.090 Variances
Standards
Public Hearing Waiver 21.62.050 Procedures for CDPs are only contained in the
for Minor Develo ment LCP Implementation Plan.
Community Development Department
Planning Commission - May 4, 2017
Item No. 3b Additional Materials Received
Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
From: Michelle Black <mnb@cbcearthlaw.com>
Sent: Wednesday, May 03, 2017 11:24 AM
To: Alford, Patrick
Cc: Kramer, Kory; Koetting, Peter;Zak, Peter; Dunlap, Bill; Hillgren, Bradley; Lawler, Ray;
Weigand, Erik; Brandt, Kim;Wisneski, Brenda; Biddle,Jennifer;
John.Ainsworth@coastal.ca.gov; karl.schwing@coastal.ca.gov;
liliana.roman@coastal.ca.gov
Subject: Agenda Item 3, Planning Commission Meeting of 5-4-17
Attachments: SPON comments re LCPA 5-3-17.pdf
Good morning, Mr. Alford -
Attached, please find comments submitted by SPON in connection with the Newport Beach Planning
Commission's consideration of the Local Coastal Program Amendments (Implementation Plan Clean-up and
Balboa Village Parking Management Overlay District) at Thursday's meeting.
Thank you,
Michelle N. Black
Chatten-Brown
& Carstens LLPC
BC
Enforcing Laws to Protect California's Environment
2200 Pacific Coast Highway, Suite 318
Hermosa Beach, CA 90254
Phone: (310) 798-2400
Fax: (310) 798-2402
www.cbcearthlaw.com
t
Planning Commission - May 4, 2017
Item No. 3b Additional Materials Received
Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
Hermosa Beach OfficeB� Michelle Black
Phone: (310) 798-2400 C9, Email Address:
Fax: (310) 798-2402 Chatten-Brown & Carstens LLP mnb@cbcearthlaw.com
San Diego Office 2200 Pacific Coast Highway, Suite 318
Phone: (858) 999-0070 Hermosa Beach, CA 90254 Direct Phone:
Phone: (619) 940-4522 www.cbcearthlaw.com 310-798-2400 Ext. 5
May 3, 2017
Via Email palford@newportbeachca.gov
Planning Commission
City of Newport Beach
Patrick Alford, Planning Program Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Local Coastal Program Amendments, PA2017-047, PA2017-046, and
PA2013-057; Implementation Plan Clean-up (LC2017-002); Balboa
Village Parking Management Overlay District (LC2017-001);
Agenda Item 3
Dear Mr. Alford and Honorable Commissioners:
These comments are submitted on behalf of Stop Polluting Our Newport (SPON)
regarding the Local Coastal Program (LCP) Amendments, which include the
Implementation Plan Clean-up and the Balboa Village Parking Management Overlay
District. Founded in 1974, SPON is a non-profit public education organization dedicated
to protecting and preserving the residential and environmental qualities of Newport
Beach.
Although the proposed LCP amendments are billed as a mere "clean-up" of the
LCP, they authorize significant policy changes. In particular, the LCP amendments
weaken the Shoreline Height Limits that have preserved the character of coastal Newport
Beach since the 1970s by permitting hotel meeting facilities, government facilities, and
all "Planned Community" development districts to evade otherwise applicable 35-foot
height limits. SPON supports comprehensive planning processes, such as development
of the Local Coastal Program, which was certified just this March. Given the recent
certification date, SPON wonders why the City now seeks amendments to the Land Use
Plan (LUP) and Implementation Plan (IP) that extend beyond those required by the
Commission. Additionally, SPON is concerned that these proposed amendments will
result in impermissible spot-zoning inconsistent with the comprehensive planning goals
Planning Commission - May 4, 2017
Item No. 3b Additional Materials Received
City of Newport Bei¢lcal Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
May 3, 2017
Page 2 of 4
of the Coastal Act and LCP.
A. The Amendments Encourage Development Exempt from the 35-Foot
Height Limit.
The staff report correctly notes that CLUP Policy 4.4.2-1 "calls for the City to
maintain the 35-foot height limitation in the Shoreline Height Limitation Zone" (Staff
Report p. 2), but incorrectly presents the proposed amendments as merely expressing the
existing exceptions to the height limitations at the time of LCP certification. The City
promised the public that any changes to the LCP would enact development requirements
that were at least as restrictive as the Zoning Code limits in existence at the time of LUP
adoption. Instead, however, the redlined amendments appear to codify staff preferences
to exempt certain types of development from the Shoreline Height Limitation's 35-foot
height limit. SPON acknowledges that the Shoreline Height Limitation has always
contained some exceptions, such as the 5-foot allowance for sloped roofs, but many of
the exceptions contained in the proposed amendments are new.
New exceptions to the Shoreline Height Limitation include one for"government
facilities" and one for "meeting facilities," which from the policy statement could extend
to such things as meeting facilities associated with hotel complexes. These developments
have not been wholesale exempted from the 35-foot height limit in the past. Thus, these
new exceptions have the potential to significantly impact Newport Beach in ways that
have not been previously studied by the City or the Coastal Commission.
The proposed amendments introduce a complete exemption from the 35-foot
height limit for"Planned Communities." Under the City's proposal, Section 4.4.2-1
would read, "In addition, height limits in excess of 35 feet may be established as part of
an adopted planned community incorporated into the certified Local Coastal Program
Implementation Plan." As discussed in the letter submitted by Mr. Jim Mosher to the
City Council for the April 11, 2017 City Council hearing on this issue (herein
incorporated), this policy is inconsistent with the City's zoning restrictions in effect at the
time of certification. This change is new, and has not been thoroughly analyzed by the
City, the Coastal Commission, or the public for its potential impacts on Newport Beach,
its skyline, or its impacts on quality of life.
Furthermore, SPON is concerned about City proposals to encourage Planned
Community Development Districts (PCDs) in light of its increasing willingness to waive
zoning requirements and height limits for PCDs citywide. City Code purports to limit
PCDs to a minimum of 10 acres in size, which, in theory, would limit the magnitude of
the impact of this change to the LCP. However, the administrative process for the 150
Newport Center project demonstrated the City's readiness to waive zoning requirements
Planning Commission - May 4, 2017
Item No. 3b Additional Materials Received
City of Newport Beidcal Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
May 3, 2017
Page 3 of 4
for Planned Community Developments as small as 1.3 acres in size.
If the City wishes to exempt new categories of development from the Shoreline
Height Limits, that were not included in the Coastal Commission's review of the LCP
during certification, it cannot now sneak these changes into an LCP "clean-up." Instead,
these changes must be acknowledged and thoroughly analyzed through the appropriate
City and public processes.
B. The Balboa Village Parking Management Plan Overlay District is
Inconsistent with Coastal Act Development Priorities and with Policies
Concerning Recreational Boating.
The Balboa Village Parking Management Plan Overlay District removes parking
requirements for"most commercial uses" but not for "marine services." (Staff Report p.
3.) The Plan would place additional burdens and costs on "marine services uses" and
discourage their development while encouraging the development of"most commercial
uses." The Plan conflicts with the California Coastal Act's prioritization of Coastal-
dependent and visitor-serving uses over general commercial uses. (Coastal Act §§
30220, 30221, 30222, 30224.) The Act provides:
The use of private lands suitable for visitor-serving commercial recreational
facilities designed to enhance public opportunities for coastal recreation shall have
priority over private residential, general industrial, or general commercial
development. (Coastal Act § 30222.)
The Act's protections for marine services are explicit:
Increased recreational boating use of coastal waters shall be encouraged, in
accordance with this division, by developing dry storage areas, increasing public
launching facilities,providing additional berthing space in existing harbors,
limiting non-water-dependent land uses that congest access corridors and
preclude boating support facilities, providing harbors of refuge, and by providing
for new boating facilities in natural harbors, new protected water areas, and in
areas dredged from dry land.
(Coastal Act § 30224, emphasis added.) While the Act authorizes the City to increase the
provision of marine services and to limit non-water-dependent land uses in areas such as
Balboa Village, the proposed overlay does the opposite. Additionally, in other projects,
the Coastal Commission has found the limitation of parking inconsistent with Coastal Act
policies facilitating visitor access to the coast. SPON urges the Planning Commission to
carefully consider the plan's consistency with the Coastal Act.
Planning Commission - May 4, 2017
Item No. 3b Additional Materials Received
City of Newport Bei¢lcal Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
May 3, 2017
Page 4 of 4
Conclusion
Thank you for your consideration of these comments. We look forward to the
Planning Commission's discussion of these issues at the hearing on May 4, 2017.
Sincerely,
Michelle N. Black, on behalf of
Stop Polluting Our Newport
cc:
Newport Beach Planning Commission
Kory Kramer, Chair, kkramerC,newportbeachca.gov
Peter Koetting, Vice Chair, pkoetting_(a�newportbeachca.gov
Peter Zak, Secretary, pzak(i0ewportbeachca.gov
Bill Dunlap, Member, bdunlapAnewportbeachca.gov
Bradley Hillgren, Member, bhill rg en(a),newportbeachca.goy
Ray Lawler, Member, rlawlerna,newportbeachca.gov
Erik Weigand, Member, eweigand(a)newportbeachca.gov
Kim Brandt, Community Development Director, KBrandt(a-)newportbeachca.gov
Brenda Wisneski, Deputy Community Development Director, bwisneski(&,,newportbeachca.gov
Jennifer Biddle, Administrative Support Specialist, ibiddle(a),newportbeachca.gov
California Coastal Commission
Jack Ainsworth, Executive Director, John.Ainsworthgcoastal.ca.gov
Karl Schwing, South Coast District Manager,karl.schwingka,coastal.ca.gov
Liliana Roman, Coastal Program Analyst, liliana.roman(ibcoastal.ca.gov
Planning Commission - May 4, 2017
Item No. 3c Additional Materials Received
Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057)
May 04, 2017, Planning Commission Agenda Item Comments
Comments on Newport Beach Planning Commission regular meeting agenda item submitted by:
Jim Mosher( jimmosher(o yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. LOCAL COASTAL PROGRAM AMENDMENTS (PA2017-
047, PA2017-046 & PA2013-057)
An item very similar to this was before the City Council as Item 18 on its April 11, 2017, agenda,
but continued to allow referral to the Planning Commission.
When the item was before the City Council, I submitted the five pages of written comments
reproduced on handwritten pages 70 through 74 of the present staff report. These comments
are a supplement to those.
Further comments on the "height limit" portion of the Implementation Plan
"Clean-up" (LC2017-002)
Regarding height limits, to reiterate and reinforce my April 11 comments as referenced in the
May 3 SPON letter from attorney Michelle Black, the proposed exceptions to Policy 4.4.2-1 are
too ill-defined to be placed at the level of the CLUP and the blanket exception for planned
communities is wholly inconsistent with the CLUP as presently certified.
As certified, the public, after reading in the CLUP about the height limitations in effect in the
Newport Beach Municipal Code in 2005, including, but not limited to the "35 foot" shoreline limit,
expects the City to follow:
"Policy 4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height
Limitation Zone, as graphically depicted on Map 4-3, ..."
which is bolstered by at least two other promises:
"Policy 4.4.2-3. Implement the regulation of the building envelope to preserve public
views through the height, setback, floor area, lot coverage, and building bulk regulation
of the Zoning Code in effect as of October 13, 2005 that limit the building profile and
maximize public view opportunities."
and:
"Policy 2.2.2-4. Implement building design and siting regulations to protect coastal
resources and public access through height, setback, floor area, lot coverage, building
bulk, and other property development standards of the Zoning Code intended to
control building placement, height, and bulk. "
These conditions were regarded as, and remain, important for maintaining the visual
character of this coastal city, and nothing in the Zoning Code in effect in 2005 supported
the notion that there was any kind of exception for "planned communities" -- in the
Shoreline Height Limitation Zone, or anywhere else in the City.
Planning Commission - May 4, 2017
Item No. 3c Additional Materials Received
May 4, 2014, PC ageLidedtEftagLQlp Mrn kmlylvdh%nts (PA2017-047,RZIA200-046 & PA2013-057)
The Zoning Code in effect at the time of the most recent CLUP certification was essentially that
of the "Comprehensive Zoning Code Update" of Ordinance No. 97-9, within which the height
regulations are found in Chanter 20.65. That chapter fairly faithfully repeated the original (pre-
Coastal Act) height limit structure adopted by the City with Ordinance No. 1454 in 1972.
Regarding existing (pre-1972) Planned Community standards, it said:
"20.65.060.C. "Proposed structures within a planned community district adopted prior to
the effective date of this chapter(October 11, 1972) may be constructed in accordance
with the height limits contained within the planned community text; provided, however,
that a use permit shall be required for any structure which exceeds the height
limits established by this chapter."
Regarding "new" (post-1972) Planned Communities, it said:
"20.65.050 Planned Community Districts. In each planned community district established
subsequent to the adoption of this chapter, the height limits shall be established as
part of the Planned Community Development Plan;provided, however, that in no
event shall the development exceed the height limits permitted in the height
limitation zones as set forth under Section 20.65.040 ..."
It should be noted that by the time the CLUP was last certified, in 2005, the height policy for
existing PC's of Subsection 20.65.060.0 had been erroneously deleted as part of a "clean-up" of
what someone thought was "obsolete" code per page 7 of Ordinance 98-21. As far as I can tell,
the code was in fact not obsolete, since although no construction applications pending in 1972
were still pending in 1998, new applications for construction in PC's with pre-1972 standards
could be filed at any time, including many years from now.
Since 2005, the Zoning Code was comprehensively updated in 2010. In that process (which
promised "height limits are not changing"), the height regulations were condensed and garbled
in such a way that recent staff reads the present Subsection 20.30.060.0.1 as entirely
exempting planned communities from the height limits (see, for example, the arbitrary
heights proposed for the "Car Wash Project" in Newport Center). That reading is clearly
erroneous as applied to the existing code, and even more clearly erroneous as applied to
the LCP.
The 1997 Code did allow sloping roofs to exceed the "normal" limits by 5 feet, and there was a
list of"Exceptions to Height Limits" in Section 20.65.070, but none for such things as "assembly
facilities" or"government facilities." As to the latter, the 1997 Code said it applied to "any
building" in the City (per Section 20.00.025). Indeed, Section 20.25.030 defining development
limits on governmental zoned parcels refers to Chapter 20.65 for their height limits.
In short, much of this does not appear to me to be a "clean up," but rather a significant change
to long-established policies.
Planning Commission - May 4, 2017
Item No. 3c Additional Materials Received
May 4, 2014, PC ageLidOdtEftagLQlp Mrn kmklvdh%nts (PA2017-047,RZIA"gf 046 & PA2013-057)
Further comments on Oceanfront Encroachment Program (LC2013-002)
Regarding the proposed Oceanfront Encroachment Program, the Planning Commission should
at least be aware of the very significant tension that exists between permitting private
encroachments on public, oceanfront property and the Coastal Act's core tenet of preserving
public access to the coast.
Section 30210 of the Coastal Act provides: "In carrying out the requirement of Section 4 of
Article X of the California Constitution, maximum access, which shall be conspicuously posted,
and recreational opportunities shall be provided..." Section 30211 elaborates: "Development
shall not interfere with the public's right of access to the sea where acquired through use or
legislative authorization, including, but not limited to, the use of dry sand and rocky coastal
beaches to the first line of terrestrial vegetation."
The East Oceanfront Encroachment Program expressly authorizes oceanfront landowners to
construct decks or fences up to 15 feet oceanward of their property lines, thereby privatizing
public, sandy beach for their own private use, and hence appears to prioritize private property
interests over coastal access, without the justifications required by Coastal Act Section 30210.
The mitigations offered seem largely a recitation of possibly outdated provisions related to West
Newport, not East Oceanfront. This is particularly concerning in view of a strong suspicion that
two of the key mitigations cited in the CLUP as justifying private encroachments onto public
beach property seem unlikely to ever be realized in this area: there seems to be a general
unwritten understanding with homeowners that the City is never going to provide public beach
restrooms east of the Balboa Pier area, and Council member Dixon has recently said the
oceanfront "boardwalk" will never be extended beyond its current east terminus.
LCP Amendments
y •I y
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,-
s
Planning Commission
Public Hearing
May 4, 2017
Planning Commission - May 4, 2017
ting
Implementation Plan 057)
Amendments
Oceanfront Encroachment City of Newport Beach
Program Local Coastal Program
Balboa Village Parking
Management Overlay District `} -
Clean-Up Implementation Plan
05/04/17 Community Development Department- Planning Division 2
u \ • • ! • • • • . EXAM - .. - - • r-rel FMILVA - •
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Coastal Commission staff indicates that additional propaes a
violation, but have not issued additional NOVs to allow
r City/residents to develop a solution.
Encroachment Types
J
-
'
Planning Commission - May 4, 2017
ting
057)
Excluded Areas
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Planning Commission - May 4, 2017
If
ting
057)
Encroachment Program
Consistent w/ West Newport :
Prohibit anything that requires a building permit
No pressurized irrigation
No objects above 36 inches
No impacts to public access
Restrict landscaping in dune habitat to native
vegetation
Requires Amendments to Local Coastal Plan
and Council Policy L-12to be allow
encroachments
ama _
West Newport Encroachment
Pro ram
1 e
r
i
w
t firs }:
ama _
West Newport Examples
f � -
Planning Commission - May 4, 2017
ting
057)
Balboa • Parking
Management • District
Established in Zoning Code (Title 20) in early 203.5
01 Extensive public outreach4, ILI
oa°
as part of Balboa Village
Master Plan adoption (2014) expo
Adams Street to A Street - yd°bo,.
Eliminates off-street parking
requirement for most '
commercial uses
Maintains existing off-street
parking facilities 11,CO pOcean
Allows shared use of parking
r' 8
facilities PM-1 Balboa Village Parking Management Plan Overlay District
Name PMl Balboe_Vilabe
05/04/2017 Community Development Department - Planning Division 9
Planning Commission - May 4, 2017
ting
IP Cleanm057)
•
Amendments
Post- LCP submittal changes
Corrections and clarifications
Shoreline Height Limit Zone exceptions
Provisions for modifications and variances
Minor development public hearing waiver
05/04/2017 Community Development Department- Planning Division 10
Planning Commission - May 4, 2017
If
ting
057)
Post = LCP
Changes
Lido Villas PC
Landscape maintenance exception
Nonconforming residential structures
05/04/2017 Community Development Department- Planning Division 11
Planning Commission - May 4, 2017
ting
057)
Corrections/Clarifications
Shoreline protective devices
Appeals and calls for review
CDP waiver call-ups by City Council
05/04/2017 Community Development Department- Planning Division 12
Planning Commission - May 4, 2017
ting
057)
1972
Shoreline
Height Limit
■ Allowed for 5-foot roof peaks
Allowed for "structural appurtenances"
Chimneys , flag poles , vents , etc.
Allowed increases
Planned community
Specific plan
Use permit
05/04/2017 Community Development Department- Planning Division 13
Planning Commission - May 4, 2017
If
ting
057)
Existing Zoning Code Shoreline
HeightLimit Exceptions
Section 20.30.060 (C)(2) allows for 5-foot roof peaks
Section 20.30.060 (D) exceptions for:
Assembly and meeting facilities (i.e., places of worship)
■ Architectural features, dormers, skylights and roof windows
■ Chimneys and vents
■ Boat cranes and flag poles
■ Elevator shafts, mechanical equipment, solar equipment and light standards
■ Landmark buildings
Section 20.30.060 (C)(3) allows increases up to max. 35 feet
• Specific plan
• Planned development permit
• Site development review
05/04/2017 Community Development Department- Planning Division 14
Planning Commission - May 4, 2017
ting
057)
Proposed
Shoreline Height Limit Exceptions
Section 21 .30.060 (C)(2) allows for 5-foot roof peaks
Section 21 .30.060 (D) exceptions for:
Assembly and meeting facilities (i.e., places of worship)
■ Architectural features, dormers, skylights and roof windows
■ Chimneys and vents
■ Boat cranes and flag poles
■ Elevator shafts, mechanical equipment, solar equipment and light standards
■ Landmark buildings
Section 20.31 .060 (C)(3) allows increases up to max. 35 feet
Coastal development permit
Additional coastal resource protection findings
05/04/2017 Community Development Department- Planning Division 15
Planning Commission - May 4, 2017
ting
057)
Planned Community
Height Limits
EXISTING ZONING CODE PROPOSED LCP
SECTION 20.30.060 (C)(3) AMENDMENT
Allows planned Allows planned
communities to exceed communities to exceed
the maximum height limit the maximum height limit
Required findings LCP amendment
required
Coastal Commission
approval required
05/04/2017 Community Development Department- Planning Division 16
Planning Commission - May 4, 2017
If
ting
057)
Proposed •
Facility Height Exception
Currently allowed under Zoning Code Section
20 . 10 . 040
Allows City Council to exempt City-implemented
projects
No corresponding provision in the LCP
Limited to increases necessary for the facility to
function
CDP required
05/04/2017 Community Development Department- Planning Division 17
Planning Commission - May 4, 2017
ting
Modifications 057)
i
nd Variances
Allows CDPs to include relief from zoning
regulations authorized by modifications
and variances .
Additional findings require consistency
with LCP and protection of coastal
resources .
Includes current Zoning Code prohibitions ,
plus those in the LCP.
05/04/2017 Community Development Department- Planning Division A
Planning Commission - May 4, 2017
ting
057)
Minor
Hearing Waiver
Provided for by Coastal Act §30624 . 9
Ir Limited to " minor development"
Consistent with the certified LCP
No other discretionary approvals
No impact to coastal resources or access
Public notice required
Public hearing may be requested
05/04/2017 Community Development Department- Planning Division ig
Planning Commission - May 4, 2017
ting
057)
Recommendation
Adopt Resolution recommending City Council
Amend Coastal Implementation Plan
20
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a
ti
4
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For more information contact: -
Patrick J. Alford, Planning Manager
949-644-3235
PAlford@newportbeachca.gov
www.newportbeachca.gov