HomeMy WebLinkAboutSS3 - Status Report on the Local Coastal Plan (LCP)CITY OF NEWPORT BEACH
AGENDA ITEM NO. SS3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Homer L. Bludau, City Manager
DATE: July 23, 2002
SUBJECT: Status report on the Local Coastal Plan (LCP) and discussion of
associated issues
BACKGROUND: SB516 requires the City to submit a complete LCP application
to the Coastal Commission by June 30, 2003. The City Council has appointed
an LCP Certification Committee composed of Councilmen Ridgeway, Bromberg
and Heffernan and Planning Commissioners Kranzley, McDaniel and Selich.
A time line conveying when key action steps would be accomplished has been
developed to meet the June 30, 2003, submittal date and is attached. Three
studies are currently underway to provide information for the LCP: parking,
hazards and biological resources. Staff has drafted the Introduction section of
the Land Use Plan, and it is attached.
Robert H. Philibosian, Esq., from Sheppard Mullin, will be at the Study Session to
discuss his experience with the Coastal Commission and staff on LCP issues,
and how he may be of assistance to the City of Newport Beach in meeting our
LCP requirements.
City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768
1.0 Introduction
1.1 Purpose
This document establishes the Coastal Land Use Plan of the Local Coastal Program of the
City of Newport Beach, prepared in accordance with the California Coastal Act of 1976.
The Coastal Land Use Plan sets forth goals, objectives, and policies that govern the use of
land and water in the coastal zone within the City of Newport Beach and its sphere of
influence.
1.2 Organization
The Coastal Act contains coastal resources planning and management policies that
address public access, recreation, marine environment, land resources, development, and
industrial development. The Coastal Land Use Plan addresses these topics under the
following chapters:
Land Use and Development. This chapter includes policies for topics in
Sections 30007, 30213, 30221 - 30223, 30235 - 30236, 30250 - 30254, 30260 and
30262 of the Coastal Act.
Public Access and Recreation. This chapter includes policies for topics in
Sections 30211 - 30212, 30214, 30220 - 30224, and 30252 of the Coastal Act.
Coastal Resource Protection. This chapter includes policies for topics covered
in Sections 30230 - 30233, 30240, and 30244 of the Coastal Act.
Each chapter is divided into sections and subsections. Each section or subsection begins
with the identification of the Coastal Act sections that are relevant to Newport Beach
followed by a narrative of the local setting and policy direction adopted by the City to
address the requirements of the Coastal Act and a listing of specific policies.
1.3 The Coastal Act
In 1972, the United States Congress passed the Coastal Zone Management Act (Title 16
U.S.C. 1451 - 1464). The CZMA declared a national policy "to preserve, protect, develop,
and where possible, to restore or enhance, the resources of the Nation's coastal zone for
this and succeeding generations." The CZMA sought to encourage and assist States to
develop and implement management programs for the use of coastal land and water
resources, "giving full consideration to ecological, cultural, historic, and esthetic values as
well as the needs for compatible economic development"
The Coastal Zone Conservation Act (Proposition 20) was approved by a 55.2 percent vote
in 1972. It prohibited development 1,000 yards inland from California's mean high tide
without a permit from a regional or state coastal commission. It created a temporary
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California Coastal Zone Conservation Commission and six regional commissions to
develop a statewide plan for coastal protection. The California Coastal Plan was
submitted to the Legislature in 1975 and led to the passage of the California Coastal Act in
1976.
The Coastal Act established the
permanent California Coastal
Commission. The Coastal
Commission's mandate is to protect
and enhance the resources of the
coastal zone mapped by the
Legislature. Coastal Commission
membership is composed of twelve
voting members, appointed equally by
the Governor, the Senate Rules
Committee, and the Speaker of the
Assembly. Half of the of the voting
commissioners are locally elected
officials and half are representatives
of the public at large. The Coastal
Commission also has four ex officio
(non- voting) members representing
the Resources Agency, the Business,
Transportation and Housing Agency,
Coastal Act Goals for the Coastal Zone
Protect, maintain and, where feasible, enhance and
restore the overall quality of the coastal zone environment
and its natural and artificial resources.
Assure orderly, balanced utilization and conservation of
coastal zone resources taking into account the social and
economic needs of the people of the state.
Maximize public access to and along the coast and
maximize public recreational opportunities in the coastal
zone consistent with sound resources conservation
principles and constitutionally protected rights of private
property owners.
Assure priority for coastal- dependent and coastal- related
development over other development on the coast.
Encourage state and local initiatives and cooperation in
preparing procedures to implement coordinated planning
and development for mutually beneficial uses, including
educational uses, in the coastal zone.
Public Resources Code Section 30001.5
the Trade and Commerce Agency and the State Lands Commission.
The Legislature found that "to achieve maximum responsiveness to local conditions,
accountability, and public accessibility, it is necessary to rely heavily on local government
and local land use planning procedures and enforcement." Therefore, implementation of
Coastal Act policies is accomplished primarily through the preparation of a Local Coastal
Program (LCP), reviewed and approved by the Coastal Commission. An LCP typically
consists of a land use plan and an implementation plan. The land use plan indicates the
kinds, location, and intensity of land uses, the applicable resource protection and
development policies, and, where necessary, a listing of implementing actions. The
implementation plan consists of the zoning ordinances, zoning district maps, and other
legal instruments necessary to implement the land use plan. Any amendments to the
certified LCP will require review and approval by the Coastal Commission prior to
becoming effective.
After certification of an LCP, coastal development permit authority is delegated to the
appropriate local government. The Coastal Commission retains original permit jurisdiction
over certain specified lands, such as submerged lands, tidelands, and public trust lands,
and has appellate authority over development approved by local government in specified
geographic areas. In authorizing coastal development permits, the local government must
make the finding that the development conforms to the certified LCP.
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1.4 The City of Newport Beach
History
In order to fully understand the relationship between the Land Use Plan and the
community, it is necessary to understand the community and the historical events that
have influenced it. The history of Newport Beach begins with the bay. It is the story of
how natural forces shaped the land and coast and how people responded to these
changes.
It is believed that Newport Bay formed about 300,000 years ago when a precursor of the
Santa Ana River flowed into the northern end of the bay and carved a deep canyon.
Rising sea levels submerged the bay until about 15,000 to 25,000 years ago. When the
bay reemerged, the Santa Ana River, as it did throughout its history, had shifted across the
coastal plain and now flowed into the ocean at Alamitos Bay.
10,000 to 12,000 years ago, aboriginal hunters and gathers were first drawn to this area by
the rich bounty of the bay and ocean. These original inhabitants supplemented their diet
with a variety of meat from marine resources, including shellfish, fish, and birds and
probably ventured out into the ocean in rafts to fish for Sheepshead, Blacksmith, and Giant
Kelpfish. The most recent native people were the Tongva (Gabrielinos), who lived in small
villages around the bay until the beginning of the Mission period beginning in the 1770's.
During this period, the hills above the bay were part of a vast open cattle range of the
Mission San Juan Capistrano. Early Spanish names for the bay were Bolsa de Quigara
(bay with high banks) or Bolsa de Gengara, in reference to a nearby Indian village. After
Mexico gained independence from Spain in 1831, the mission lands were broken up and
redistributed through land grants. In 1837, the bay became a part of Rancho San Joaquin
under the ownership of Jose Andres Sepulveda. Floods and droughts caused Sepulveda
to sell the ranch in 1864 and it eventually became a part of the expansive Irvine Ranch.
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The bay at that time was open to the ocean
and part of a large estuary that stretched
Huntington Beach to Corona del Mar. In
1825, unusually heavy floods again shifted
the mouth of the Santa Ana River to
southeast of the Huntington Beach mesa.
Sand carried by the river began to form a
peninsula. Over the next thirty years, the
peninsula made steady progress in a
southeasterly direction. By 1857, the
eastern tip had reached to approximately
where Bay Island is today. Floods during
the winter of 1861 -62 extended the
peninsula to the present harbor entrance.
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This barrier beach forced the Santa Ana River to flow parallel to the coast. The accretion
of silt made the bay shallower and spread marsh vegetation.
In the late 1860's, the bay was used as a landing to load hides, tallow, hay and other
goods for export. In September 1870, Captain Samuel S. Dunnells' steamer Vaquero
ventured into the bay to offload a cargo of lumber and shingles. Captain Dunnells soon
established "Newport Landing" by constructing a small wharf and warehouse near the
west end of the present Coast Highway /Newport Bay Bridge. James McFadden and his
younger brother Robert acquired the landing in 1875 and for the next nineteen years
operated a thriving commercial trade and shipping business. However, the bay was not
yet a true harbor and sand bars and a treacherous bay entrance caused the McFadden
Brothers to move the shipping business to the oceanfront by constructing a large pier on
the sand spit that would become the Balboa Peninsula. The site was ideal because a
submarine canyon, carved along with Newport Bay by the ancient Santa Ana River,
provided calm waters close to the shore. McFadden Wharf was completed in 1888 and
was connected by rail to Santa Ana in 1891. For the next eight years, the McFadden
Wharf area was a booming commercial and shipping center and a company town began to
grow. However, in 1899, the Federal Government allocated funds for major improvements
to a new harbor at San Pedro, which would become Southern California's major seaport.
The McFadden Wharf and railroad was sold to the Southern Pacific Railroad that same
year, signaling the end of Newport Bay as a commercial shipping center.
In 1902, James McFadden sold his Newport townsite and about half of the Peninsula to
William S. Collins, who saw Newport Bay's resort and recreation potential. Collins took on
Collis P. Huntington as a partner in the Newport Beach Company. Huntington had
acquired the Pacific Electric railway system and used it to promote new communities
outside of Los Angeles. In 1905, the Pacific Electric "Red Cars" were extended to
Newport and then to Balboa the following year. Also in 1906, Collins began dredging a
channel on the north side of the bay and deposited the sand and silt on tidelands that
would become Balboa Island. Between 1902 and 1907, many Newport Beaches'
waterfront communities were subdivided, including West Newport, East Newport, Bay
Island, Balboa, and Balboa Island. This established the grid system of small lots and
narrow streets and alleys that still exists today in these areas.
In 1906, the City of Newport Beach, consisting of West Newport and Balboa Peninsula,
incorporated. In 1916, most of Balboa Island was annexed, followed by Newport Heights
in 1917, Corona del Mar in 1924, and the balance of Balboa Island in 1927. In 1923, the
dredging and filing of mud flats that would become Lido Island began. At this time,
Newport Beach was still a beach town, with most of the homes being constructed as
beach cottages and second homes used for vacations. However, public safety concerns
would move Newport Beach to embark on a series of projects to protect and improve the
harbor and ultimately lead to the next stage in the City's development.
At that time, the channels in the bay were narrow, shallow, and tortuous. Two massive
floods in December 1914 and January 1916 filled the harbor and beaches with silt and
debris. This and an increasing number of drownings at the harbor entrance prompted
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Newport Beach voters to approve funds to build the west jetty. In 1919, Orange County
voted for funds to extend the jetty and build a dam to divert the Santa Ana River from the
bay and flow directly into the ocean west of the City. The harbor improvements turned a
small colony of fishermen into a major industry. In the1920's the sport fishing and
commercial fishing would become the major source of income in Newport Beach. In 1921,
the first of four commercial fish canneries was built on the Rhine Channel. The boatyard
industry also began to flourish.
The great increase in the number of commercial and recreational boats in the 1920s lead
to calls for further harbor improvements. Also, the consensus gradually changed from
development of a commercial harbor to a recreational harbor. In 1928, Newport Beach
voters approved funds for work on the west and east jetties. In 1933, a federal grant and
matching funds from an Orange County bond measure provided funds to extend the jetties
and dredge the entire Lower Newport Bay. On May 23, 1936, Newport Harbor was
dedicated. The completion of the harbor improvements increased recreational and
commercial boating activity. The South Coast Shipyard produced all types of pleasure
craft. With the United States entry into World War II, the boatyards quickly shifted to the
wartime production. South Coast and the new Lido Shipyard produced minesweepers, sub
chasers, and other military vessels. By the end of the war, the summer beach resort town
had become a city of 10,000 people.
The postwar boom in Southern California lead to the next stage in the City's development.
The Irvine Company began to open some of its vast land holdings east of the City to
residential development. During the 1950's the City annexed over 4,382 acres, more than
tripling its land area. In 1960, the City had a population of 26,565 people. The 1960's saw
the development of major employment, commercial, and educational centers in Orange
County. The City annexed another 2,280 acres, including the Newport Dunes and the
future sites of Newport Center and Fashion Island. In 1970, the City's population had
reached 49,442 people.
The expansion and development of the
City lead to a period of introspection in the
1970's. In 1969, a citizens committee
completed work on a set of community
goals titled !Newport Tomorrow, which
served as the basis for the City's 1973
General Plan. In 1972, the City adopted
the Shoreline Height Limitation Ordinance,
which established new height and bulk
restrictions around the bay. In 1973,
residents successfully fought plans to
develop condominiums on the waterfront
amusement park, the Fun Zone.
Opposition to plans for the development of
the Upper Newport Bay lead to the
establishing of the Upper Bay Ecological
Coastal History Notes
1905 Balboa Pier constructed.
1906 Balboa Island Ferry service established.
1911 First yacht dub established in Newport Beach.
1913 Frost Ufe Saving Corps organized.
1917 First commercial fish cannery opens.
1918 Newport to Balboa boardwalk constructed.
1922 Duke Kahanamoku Introduces surfing at Newport.
1922 City purchases Newport Pier (McFadden Wharf).
1923 First public restrooms built at McFadden Place.
1934 Sea salt works dike constructed in Upper Bay.
1936 Fun Zone opens.
1948 First Newport- Ensenada Yacht Race.
1958 Newport Dunes opens.
1969 Floods breach salt works dikes, silts Upper Bay.
1971 Fun Zone saved from condominium development.
1982 Upper Newport Bay dredged to dear silt build -up.
1988 Newport Coast LCP approved.
1990 First LCP Land Use Plan certified.
2000 Upper Newport Bay Interpretative Center opens.
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Reserve in 1975. Newport Beach residents also played an active role in the reduction of
development plans for the unincorporated area between Newport Beach and Laguna
Beach (Newport Coast).
The City continued to expand and develop in the 1980's and 1990's, albeit at a slower
pace. The City's population was 65,283 in 1980, and increased to 66,643 in 1990 and to
70,032 by the year 2000. Land use and development policies continued to be refined.
Specific plans were developed for the older commercial districts. In 1988, a
comprehensive amendment to the General Plan was adopted to establish reasonable
density and intensity limits, allow for modest growth, and to better correlate land uses with
the circulation system.
Newport Beach Today
At the beginning of the 21St Century, Newport Beach is a community of 75,662 people
covering 25.4 square miles, including 2.5 square miles of bay and harbor waters. The City
has 31.5 miles of bay and ocean waterfront. Over 63 percent of the City is in the coastal
zone.
While Newport Beach is no longer a sleepy little beach town, the bay and beach continue
to play an important role in the community's character and economy. Newport Harbor is
the largest small craft harbor in the United States with over 9,000 boats at 2,119
commercial slips and side ties, 1,221 bay moorings, and 1,230 piers. Beach attendance
averages 9.4 million people annually.
Newport Beach continues to
be a major visitor destination.
In FY 2001, the City received
7.2 million visitors (people
other than those who reside
or work here). Over 79
percent of the City's visitors
are here for purposes of
leisure. The City has 16
hotel properties with 2,977
rooms and 535 seasonal
housing units. However, the
vast majority are day visitors.
Visitors spent $934 million in
Newport Beach and provided
$8.1 million in transient
occupancy taxes in FY 2001.
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Local Coastal Program Certification
Local Coastal Program
Land Use Plan
'Land use plan means Me relevant potion of a local guvermleni
general plan, or local coastal element whim are suMtledly detaged m
indicate Me kinds. author, and Intensity of land uses. Me applicable
resource protection and development polities and, where re ski a
Intl of implement" adons. GoaShIAR$ec.30108.5
Implementation Plan
'Implementing achors' means the ordinances. rwuletMns, or trousers
which implement super the provisions M Me cerdred local wastes
program or Me polides of this division f sfalAcl Sec. 30108.4
Thus Far
• Technical studies underway (May —Aug. 2002)
• LCP LUP Introduction drafted (June 2002)
• LCP LUP Land UselDevelopment drafted (July 2002)
• Began work on LCP implementation plan (July 2002)
Background
• Mandated by S8 516
• Must submit LCP by June 30, 2003
• Late fee of $1,000 per month
Thus Far
• Initial discussions with CCC staff (May — Aug. 2001)
• CCC staff review of Land Use Plan (Sept. — Oct. 2001)
• CCC comments reviewed by PC and CC (Dec. 2001)
• LCPCC appointed (Jan. 2002)
• Technical studies and LCP outline (Feb. -Mar. 2002)
Work Program
• Complete draft LCP Land Use Plan (Summer 2002)
• Draft Implementation Plan (Fall 2002)
• Preliminary review by CCC staff (Dec. 02— Feb. 03)
• Revisions (Feb. — March 2003)
• PC and CC hearings (April— May 2003)
• Formal submittal to CCC (June 2003)
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Land Use Plan
Chapter 1 - Introduction
• Purpose
• Organization
• Coastal Act
• Overview and history of Newport Beach
Land Use Plan
Chapter 3 -Public Access and Recreation
• Lateral and vertical access
• Gated communities
• Tideland leases
Implementation Plan
• Coastal Zoning Code?
• New zoning classifications/overlays
• Integrating harbor and beach regulations
Land Use Plan
Chapter 2 - Land Use and Development
• Land use type, location, densityfintensity,
• Exclusion areas
• Protecting lower cost visitor-serving/recreational uses
• Protecting coastal bluffs
Land Use Plan
Chapter 4 -Coastal Resource Protection
• Environmentally sensitive habitat areas(ESHA)
• Harbor
• Water9uality
• Dredging
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