HomeMy WebLinkAbout4.0 - Local Coastal Program Implementation Plan - PA2013-001 CITY OF NEWPORT BEACH
PLANNING COMMISSION STUDY SESSION STAFF REPORT
April 9, 2015 Meeting
Agenda Item No. 4
SUBJECT: Local Coastal Program Implementation Plan (PA2013-001)
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
ABSTRACT
The draft Local Coastal Program (LCP) Implementation Plan is a regulatory document
intended to implement the policies of the California Coastal Act and the City's certified
Coastal Land Use Plan.
INTRODUCTION
The Coastal Act
The Coastal Zone Conservation Act was established by voter initiative in 1972
(Proposition 20) and made permanent by the Legislature as the California Coastal Act
of 1976. The California Coastal Act (Coastal Act) includes specific policies that address
issues such as shoreline public access and recreation, lower cost visitor
accommodations, terrestrial and marine habitat protection, visual resources, landform
alteration, agricultural lands, commercial fisheries, industrial uses, water quality,
offshore oil and gas development, transportation, development design, power plants,
ports, and public works.
The California Coastal Commission
The California Coastal Commission (Coastal Commission) is an, independent, quasi-
judicial state agency. It is comprised of 12 voting members, appointed equally (four
each) by the Governor, the Senate Rules Committee, and the Speaker of the Assembly.
Six of the voting commissioners are locally elected officials and six are appointed from
the public at large.
Local Coastal Programs
Pursuant to the Coastal Act, each local government lying, in whole or in part, within the
coastal zone is required to prepare a local coastal program for that portion of the coastal
zone within its jurisdiction. After a LCP is adopted locally, the LCP must be certified by
the Coastal Commission.
LCP Implementation Plan
April 9, 2015
Page 2
A LCP consists of a land use plan and an implementation plan. A land use plan
indicates the kinds, location, and intensity of land uses, the applicable resource
protection and development policies. The implementation plan consists of the zoning
regulations, maps, and other legal instruments necessary to implement the land use
plan. The first part of the LCP, the Coastal Land Use Plan (CLUP), was certified in 2005
and a major update was certified in 2009.
DISCUSSION
LCP Implementation Plan
The draft LCP Implementation Plan (Draft IP) was drafted by the Planning Division staff
under the direction of the City's General Plan/Local Coastal Program Implementation
Committee over a period of 18 months. It is currently out for public review and comment
by public agencies (including the Coastal Commission), interest groups, and the general
public. Public hearings are planned to begin in October 2015.
Organization
The Draft IP uses the organization and terminology of the Zoning Code. It contains only
those Zoning Code land use and development regulations needed to implement the
policies of the Coastal Act and the CLUP (Attachment No. PC 2). Other sections of the
Municipal Code needed to implement Coastal Act/CLUP policies were also
incorporated; these include regulations on water quality, landscaping, subdivisions, and
harbor operations.
Public Access and Recreation
The Draft IP establishes new standards and procedures for the protection and provision
of public access to and along the shoreline. These standards/procedures are contained
primarily in Chapter 20.30A.
Resource Protection
The Draft IP contains standards and procedures for the protection of natural habitats
and other coastal resources. Some of them are based on existing regulations, such as
the Bluff Overlay. Others are new, including those protecting environmentally sensitive
habitat areas (ESHAs) and open coastal waters, wetlands, and estuaries. These
standards/procedures are contained primarily in Chapter 20.308.
Coastal Development Permits
The Coastal Act requires a Coastal Development Permit (CDP) for most development
within the coastal zone. However, there are some exceptions. The Coastal Act provides
exemptions for common types of development, such as improvements to existing
2
LCP Implementation Plan
April 9, 2015
Page 3
structures, and repair and maintenance projects; these exceptions are contained in
Section 21.52.035.
The Zoning Administrator would have review authority for all CDPs, unless the project
also requires another discretionary approval (e.g., conditional use permit, variance,
etc.), in which case, the Planning Commission would have review authority. Zoning
Administrator decisions on CDPs can also be appealed to the Planning Commission.
These administrative provisions are contained in Chapter 21.50.
Cat Ex
The Coastal Act also allows the Coastal Commission to create categorical exclusion
orders (Cat Ex), which exempt types of projects that do not have the potential to create
a significant adverse effect on coastal resources or on public access. The City was
granted a Cat Ex in 1977 that excludes single-unit and two-unit projects from CDP
requirements, with the exception of the first row of lots on the shoreline. The terms and
conditions of the Cat Ex are contained in Section 21.52.045.
Permit and Appeal Jurisdiction
After certification of a LCP, the Coastal Commission retains original permit jurisdiction
over submerged lands, tidelands, and public trust lands and has appellate authority over
development approved by local government in specified geographic areas. These areas
are depicted in the Permit and Appeal Jurisdiction Maps in Section 21.80.045.
Tentative LCP Certification Schedule
TASK SCHEDULE
COMMUNITY OUTREACH JAN—JUN 2015
Community Meetings Completed
Harbor Commission Study Session April 8, 2015
Planning Commission Study Session Aril 9, 2015
Additional study sessions, as needed May—June 2015
COLLABORATION WITH CCC STAFF MAR—JUL 2015
Public Access March 26, 2015
Priority Uses April 9, 2015
Resource Protection May 8, 2015
Land Use/Development Regulations June 4, 2015
Administration July 2, 2015
CITY PUBLIC HEARINGS AUG—SEP 2015
Planning Commission August 2015
City Council September 2015
CCC REVIEW OCT—DEC 2015
Submittal to CCC October 2015
CCC Review October—December 2015
CCC Hearing(s) March and/or June 2016
CERTIFICATION APR/JUL—AUG 2016
City Acceptance/Rejection Aril or July 2016
Certification by CCC Executive Director August 2016
LCP Implementation Plan
April 9, 2015
Page 4
ENVIRONMENTAL REVIEW
This item is covered by the general rule that CEQA applies only to projects, which have
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section
15061(b)(3)).
PUBLIC NOTICE
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
Patrick J. Alford, Planning Program Manager Br n a Wisnes i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft LCP Implementation Plan (under separate cover)
Copies of the draft LCP Implementation Plan can be viewed at the Community
Development Department, Planning Division, office at the Newport Beach Civic
Center and at all branches of the Newport Beach Public Library. The draft LCP
Implementation Plan is also available in PDF format at the City of Newport Beach
Internet site at http://newportbeachca.gov/LCPCert.
PC 2 CLUP Policy Implementation Guide
-4-
Attachment No. PC 1
PC 1 Draft LCP Implementation Plan (under separate cover)
Copies of the draft LCP Implementation Plan can be viewed at the
Community Development Department, Planning Division, office at the
Newport Beach Civic Center and at all branches of the Newport Beach
Public Library. The draft LCP Implementation Plan is also available in PDF
format at the City of Newport Beach Internet site at
http://newportbeachca.gov/LCPCert.
��
QP
��
��P
P�"
O�
��
��
\��
Attachment No. PC 2
CLUP Policy Implementation Guide
��
QP
��
��P
P�"
O�
��
��
\��
Chapter 21.10 — Purpose and Applicability of the Implementation Plan
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and intensity
of land uses within the coastal zone. If there is a conflict between the development limits
of the Land Use Element and the Coastal Land Use Plan, the provision that is most 21.10.030.0
protective of coastal resources shall take precedence. However, in no case, shall the
policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a
development limit established by the General Plan or its implementing ordinances.
2.1.9-1. Land uses and new development in the coastal zone shall be consistent with 21.10.030
the Coastal Land Use Plan Map and all applicable LCP policies and regulations.
2.2.4-1. Designate the Banning Ranch property as an area of deferred certification until
such time as the future land uses for the property are resolved and policies are adopted 21.10.040
to address the future of the oil and gas operations and the protection of the coastal
resources on the property.
2.9.3-4. Periodically review and update off-street parking requirements to ensure that 21.10.065
new development provides off-street parking sufficient to serve approved uses.
2.3.2-3. Cooperate with the County of Orange to continue to provide a variety of visitor-
serving and recreational uses at the Newport Dunes, including recreational vehicle park 21.10.075
and campground areas as a means of providing alternative and lower cost overnight
accommodations.
2.6-2. Continue to monitor the federal government's offshore oil leasing programs to
insure the City and its citizens are fully aware of all proposed offshore activities, which 21.10.075
could adversely affect the coastal environment, including participation in the Local
Government Coordination Program or other similar programs.
2.9.2-2. Continue to cooperate with state, federal, county and local agencies to 21.10.075
coordinate bikeways and trails throughout the region.
3.1.1-6. Continue to cooperate with the State Department of Parks and Recreation, the
State Department of Fish and Game, the State Coastal Conservancy, Orange County, 21.10.075
and private organizations to protect, expand and enhance public access to and along
the shoreline and to beaches, coastal parks, and trails.
3.1.1-10. Cooperate with state agencies in planning and implementing the Newport 21.10.075
Beach segment of the California Coastal Trail.
3.1.2-3. Continue to cooperate with the State Department of Parks and Recreation, the
State Department of Fish and Game, the State Coastal Conservancy, Orange County, 21.10.075
and private organizations to protect, expand and enhance public access to and along
coastal bluffs.
3.2.1-4. Continue to cooperate with the State Department of Parks and Recreation, the
State Department of Fish and Game, and Orange County to protect, expand and 21.10.075
enhance opportunities for recreational activities at County and State beaches and parks.
3.2.2-5. Continue to cooperate with the State Department of Parks and Recreation, the
State Department of Fish and Game, Orange County, and private organizations to 21.10.075
protect, expand and enhance support facilities and services at County and State
beaches and parks.
4.1.2-4. Continue to cooperate with the state and federal resource protection 21.10.075
agencies and private organizations to protect marine resources.
4.1.3-4. Continue to work within the Newport Bay Watershed Executive Committee
structure to address sedimentation, nutrient loading, and bacteria and toxins from runoff.
The Committee includes representatives from the cities of Costa Mesa, Huntington 21.10.075
Beach, Irvine, Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin, in addition
to the Irvine Ranch Water District, the California Regional Water Quality Control Board
(Santa Ana Region), the California Department of Fish and Game, the U.S. Army Corps
LCP Policy Implementation Guide
Page 1
9
CLUP Polices Implemented
of Engineers, the County of Orange, and the Irvine Company. The Watershed Executive
Committee, in implementing four separate "total maximum daily loads"for Newport Bay,
has developed and is implementing plans to control sediment, nutrients, bacteria, and
toxic materials in the Bay's watershed.
4.1.3-5. Coordinate with the California Department of Fish and Game and the County of
Orange in developing a management plan for the Upper Newport Bay Marine Park and 21.10.075
the Upper Newport Bay Nature Preserve.
4.1.3-7. Coordinate with County and State resource agencies to monitor ecological
conditions within the Newport Beach Marine Conservation Area and to implement
management programs to protect this marine conservation area. Maintain public use of 21.10.075
the refuges to the extent it is consistent with the preservation of intertidal and subtidal
resources.
4.2.3-8. Continue to cooperate with the U.S. Army Corps of Engineers in their
maintenance and delineation of federal navigational channels at Newport Harbor in the 21.10.075
interest in providing navigation and safety.
4.2.5-2. Continue to cooperate with the County of Orange, the U.S. Army Corps of 21.10.075
Engineers, and resource agencies to establish eelgrass restoration sites.
4.2.5-4. Cooperate with the National Marine Fisheries Service to incorporate a provision
into the Southern California Eelgrass Mitigation Policy that would allow exemptions to 21.10.075
mitigation requirements for harbor maintenance projects for provided the eelgrass
acreage baseline is maintained.
4.2.5-5. Cooperate with the U.S. Army Corps of Engineers, the Coastal Commission,
and the Santa Ana Regional Water Quality Control Board to incorporate the eelgrass
acreage baseline exemption provision into the City's Regional General Permit and into 21.10.075
any individual property owner's dredging or dock construction permit that qualifies under
future applications.
4.2.5-6. Perform periodic surveys of the distribution of eelgrass in Newport Bay in
cooperation with the National Marine Fisheries Services to insure that the eelgrass 21.10.075
baseline is maintained.
4.2.5-7. Cooperate with resource agencies to conduct a comprehensive evaluation of
biological, recreational, commercial and aquatic resources of Newport Harbor and to 21.10.075
develop a Harbor Area Management Plan (HAMP) that will maintain all of the intended
beneficial uses of the harbor.
4.6-8. Coordinate with the California Department of Fish and Game, U.S. Fish and
Wildlife Service, National Marine Fisheries Service, and other resource management
agencies, as applicable, in the review of development applications in order to ensure
that impacts to ESHA and marine resources, including rare, threatened, or endangered 21.10.075
species, are avoided or minimized such that ESHA is not significantly degraded, habitat
values are not significantly disrupted, and the biological productivity and quality of
coastal waters is preserved.
Chapter 21.12 — Interpretation of Implementation Plan Provisions
Administrative chapter, no specific CLUP policies implemented.
Chapter 21.14 — Coastal Maps
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.2.3-4. Provide a graphical representation of the terms of the categorical exclusion 21.14.045
LCP Policy Implementation Guide
Page 2
-D
CLUP Polices Implemented
order by depicting the subject properties on a Permit and Appeal Jurisdiction Map and
incorporate into the implementation plan. In case a conflict exists between the Permit
and Appeal Jurisdiction Map and the text of the categorical exclusion order, the text of
the categorical exclusion order shall govern the terms of the exclusion.
2.2.4-1. Designate the Banning Ranch property as an area of deferred certification until
such time as the future land uses for the property are resolved and policies are adopted 21.14.045.D
to address the future of the oil and gas operations and the protection of the coastal
resources on the property.
2.2.4-2. Depict the boundaries of deferred certification areas on the Coastal Land Use 21.14.045.D
Plan Map and other applicable LCP maps.
Chapter 21.16 — Development and Land Use Approval Requirements
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.2.2-2. Incorporate coastal development permit procedures into the implementation
plan to ensure that all public and private development in the coastal zone is consistent 21.16.020
with the LCP.
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 21.16.020
other property development standards of the Zoning Code intended to control building
placement, height, and bulk.
3.1.7-1. Continue to require special event permits for temporary events and continue to
require applications to provide details on event characteristics, including duration
(including set up/assembly and break down/dismantle start and completion times), event 21.16.040
hours, per day estimated attendance, parking arrangements, traffic control, noise
control, waste removal, insurance, equipment to be used, food service, entertainment,
sponsorships, and advertising and marketing plans.
2.7-4. Continue to require Report of Residential Building Records inspections prior to
the sale of residential properties to reduce and prevent violations of building and zoning 21.16.060.0
codes by providing prospective owners of residential property with information as to
permitted and illegal uses and construction.
Chapter 21.18 — Residential Coastal Zoning Districts (R-A, R-1, R-BI,
R-2, RM, RM D)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and intensity
of land uses within the coastal zone. If there is a conflict between the development limits 21.18.010
of the Land Use Element and the Coastal Land Use Plan, the provision that is most 21.18.020
protective of coastal resources shall take precedence. However, in no case, shall the 21.18.030
policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a
development limit established by the General Plan or its implementing ordinances.
3.1.1-12. Implement building design and siting regulations to protect public access
through setback and other property development regulations of the Zoning Code that 21.18.030
control building placement.
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with
LCP Policy Implementation Guide
Page 3
11
CLUP Polices Implemented
the unique character and visual scale of Newport Beach.
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.
Chapter 21.20 — Commercial Coastal Zoning Districts (CC, CG, CM,
CN, CV, OG)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and intensity
of land uses within the coastal zone. If there is a conflict between the development limits 21.20.010
of the Land Use Element and the Coastal Land Use Plan, the provision that is most 21.20.020
protective of coastal resources shall take precedence. However, in no case, shall the 21.20.030
policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a
development limit established by the General Plan or its implementing ordinances.
2.4.1-5. Maintain the Recreational and Marine Commercial (CM) land use category and 21.20.010
allow CM uses in the Mixed Use land use categories (MU-V, MU-H, and MU-W) in areas 21.20.020
on or near the bay to encourage a continuation of coastal-dependent and coastal- 21.20.030
related uses.
3.2.1-5. Continue to allow recreational commercial uses in commercial areas adjacent to 21.20.020
beaches and the bay.
2.1.3-2. Allow local and visitor-serving retail consistent with the CV category in two 21.20.020
centers at Prospect Street and Orange Street. Table 2-4
2.1.4-4. For bay-fronting properties that are designated as CV or CM, encourage 21.20.020
marine-related and visitor-serving retail, restaurant, hotel/motel, institutional, and (Table 2-4)
recreational uses.
2.1.5-6. Allow retail and visitor-serving commercial along the Newport Boulevard 21.20.020
Corridor consistent with the CV category. (Table 2-4)
2.1.5-9. On the Balboa Village bay frontage (designated as CV), prioritize water- 21.20.020
dependent, marine-related retail and services and visitor-serving retail. (Table 2-4)
2.1.5-11. Development and use of lands designated CV (Visitor Serving Commercial)
within Balboa Village may include a component that is a visitor serving private 21.20.020
institutional facility such as a nautical museum, or similar visitor serving private (Table 2-4)
institutional use.
2.3.1-1. Permit visitor-serving retail and eating and drinking establishments in all 21.20.020
commercially designated areas. Table 2-4
2.3.1-10. Support continued operation of passenger/sightseeing boats, 21.20.020
passenger/fishing boats ("day boats"), and long-term boat rentals and sales. Table 2-4
2.3.1-11. Support continued short-term rental of small boats while encouraging vendors 21.20.020
to teach customers how to safely operate the watercraft. Table 2-4
2.3.1-12. Support continued operation of entertainment and tour boats subject to
reasonable regulations designed to ensure the operations don't have an adverse 21.20.020
impact, such as unsafe navigation, impaired water quality, reduced visual quality, (Table 2-4)
excessive noise, unsafe street traffic conditions, or parking shortages on the
environment and land uses surrounding the harbor.
2.3.3-1. Lower-cost visitor and recreational facilities, including campgrounds, 21.20.020
recreational vehicle parks, hostels, and lower-cost hotels and motels, shall be protected, (Table 2-4)
encouraged and, where feasible, provided. Developments providing public recreational
LCP Policy Implementation Guide
Page 4
12
CLUP Polices Implemented
opportunities are preferred. New development that eliminates existing lower-cost
accommodations or provides high-cost overnight visitor accommodations or limited use
overnight visitor accommodations such as timeshares, fractional ownership and
condominium-hotels shall provide lower-cost overnight visitor accommodations
commensurate with the impact of the development on lower-cost overnight visitor
accommodations in Newport Beach or pay an "in-lieu"fee to the City in an amount to be
determined in accordance with law that shall be used by the City to provide lower-cost
overnight visitor accommodations.
2.4.1-1. Give priority to coastal-dependent uses over other uses on or near the 21.20.020
shoreline. Table 2-4
2.4.1-2. When appropriate, accommodate coastal-related developments within 21.20.020
reasonable proximity to the coastal-dependent uses they support. Table 2-4
2.1.4-3. Permit development intensities in areas designated as CG to be increased to a 21.20.030
floor area ratio of 0.5 where parcels are consolidated to accommodate larger (Table 2-5)
commercial development projects that provide sufficient parking.
2.1.4-5. Development shall be designed and planned to achieve high levels of
architectural quality and compatibility among on-site and off-site uses. Adequate 21.20.030
pedestrian, non-automobile and vehicular circulation and parking shall be provided.
2.9.3-12. Provide incentives to encourage lot consolidation where lots are of insufficient 21.20.030
size to accommodate on-site parking and sufficient commercial intensity of (Table 2-5)
development.
3.1.1-12. Implement building design and siting regulations to protect public access
through setback and other property development regulations of the Zoning Code that 21.20.030
control building placement.
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with 21.20.030
the unique character and visual scale of Newport Beach.
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 21.20.030
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize
public view opportunities.
Chapter 21.22 — Mixed-Use Coastal Zoning Districts (MU-V, MU-MM,
MU-CV/15th St, MU-W1, MU-W2)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and intensity
of land uses within the coastal zone. If there is a conflict between the development limits 21.22.010
of the Land Use Element and the Coastal Land Use Plan, the provision that is most 21.22.020
protective of coastal resources shall take precedence. However, in no case, shall the 21.22.030
policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a
development limit established by the General Plan or its implementing ordinances.
2.1.4-1. For properties located on the inland side of Coast Highway in the Mariners' Mile
Corridor that are designated as MU-H, (a) the Coast Highway frontages shall be
developed for marine-related and highway oriented general commercial uses in
accordance with CM and CG categories; and (b) portions of properties to the rear of the 21.22.020
commercial frontage may be developed for free-standing neighborhood-serving retail, (Table 2-6)
multi-family residential units, or mixed-use buildings that integrate residential with retail
uses on the ground floor in accordance with the CN, RM , CV, or MU-V categories
respectively.
2.1.4-2. For bay-fronting properties that are designated as MU-W, encourage marine- 21.22.020
LCP Policy Implementation Guide
Page 5
i3
CLUP Polices Implemented
related and visitor-serving retail, restaurant, hotel, institutional, and recreational uses. (Table 2-7)
Vertically integrated mixed use structures are allowed as described below. Permitted
uses include those permitted by the CM, CV, and MU-V categories. On sites developed
with mixed-use structures, a minimum of 50 percent of the permitted square footage
shall be devoted to non-residential uses. Mixed-use structures may only be developed
on sites with 200 feet or more of street frontage along Coast Highway and, in aggregate,
no more than 50 percent of the waterfront land area along Coast Highway between the
Arches Bridge and the Boy Scout Sea Base may be developed with mixed use
structures.
2.1.4-5. Development shall be designed and planned to achieve high levels of
architectural quality and compatibility among on-site and off-site uses. Adequate 21.22.030
pedestrian, non-automobile and vehicular circulation and parking shall be provided.
2.1.4-6. Require sufficient area be provided for individual uses to prevent fragmentation 21.22.030
and assure each use's viability, quality, and compatibility with adjoining uses.
2.1.5-1. For bay-fronting properties that are designated as MU-W, marine related uses
may be intermixed with buildings that provide residential on the upper floors. Permitted 21.22.020
uses include those permitted by the CM, CV, and MU-V categories. In the MU-W (Table 2-7)
designation, freestanding and ground floor residential shall not be permitted in Lido
Marina Village, Cannery Village, McFadden Square, and Balboa Island.
2.1.5-2. Encourage uses that take advantage of Lido Village's location at the Harbor's
turning basin and its vitality and pedestrian character, including visitor-serving and retail 21.22.020
commercial, small lodging facilities (bed and breakfasts, inns), and mixed-use buildings (Table 2-7)
that integrate residential above the ground floor with retail uses.
2.1.5-3. Discourage the development of new office uses on the ground floor of buildings 21.22.020
in Lido Village that do not attract customer activity to improve the area's pedestrian (Table 2-6, 2-
character. 7
2.1.5-4. In Lido Marina Village (designated as MU-W), marine-related uses may be
intermixed with buildings that provide residential on the upper floors. Permitted uses 21.22.020
include those permitted by the CM, CV, and MU-V categories. Free-standing residential (Table 2-7)
shall not be permitted.
2.1.5-5. For interior parcels in Cannery Village and at 15th Street (designated as MU-H),
permit mixed-use structures, where the ground floor shall be restricted to nonresidential
uses along the street frontage such as retail sales and restaurants and the rear and 21.22.020
upper floors used for residential including seniors units and overnight accommodations (Table 2-6)
(comparable to MU-V). Mixed-use or commercial buildings shall be required on parcels
at street inters with intervening parcels developed for mixed-use or free-standing
housing.
2.1.5-7. Accommodate visitor- and local-serving uses that take advantage of McFadden
Square's waterfront setting including specialty retail, restaurants, and small scale 21.22.020
overnight accommodations, as well as mixed-use buildings that integrate upper floor (Table 2-7)
residential with ground level retail.
2.1.5-10. For the Balboa Village core properties that are designated as MU-V,
encourage local- and visitor-serving retail commercial and mixed-use buildings that 21.22.020
integrate residential with ground level retail or office uses that attract customer activity (Table 2-6)
and improve pedestrian character.
Policy 2.1.6-1. On Marine Avenue and Agate Avenue (designated as MU-W), marine-
related uses may be intermixed with buildings that provide residential on the upper 21.22.020
floors. Permitted uses include those permitted by the CM, CV, and MU-V category. (Table 2-7)
Freestanding residential shall not be permitted.
2.3.1-1. Permit visitor-serving retail and eating and drinking establishments in all 21.22.020
commercially designated areas. (Table 2-6, 2-
7
2.3.1-2. Continue to provide waterfront-oriented commercial uses, including eating and 21.22.020
LCP Policy Implementation Guide
Page 6
-14
CLUP Polices Implemented
drinking establishments and recreation and entertainment establishments, as a means (Table 2-6, 2-
of providing public access to the waterfront. 7)
2.3.1-4. Protect oceanfront land designated for visitor-serving and/or recreational uses 21.22.020
for recreational use and development unless present and foreseeable future demand for (Table 2-6, 2-
public or commercial recreational activities that could be accommodated on the property 7)
is already adequately rovided for in the area.
2.3.1-1. Permit visitor-serving retail and eating and drinking establishments in all 21.22.020
commercially designated areas. (Table 2-6, 2-
7
2.3.1-2. Continue to provide waterfront-oriented commercial uses, including eating and 21.22.020
drinking establishments and recreation and entertainment establishments, as a means (Table 2-6, 2-
of providing public access to the waterfront. 7
2.3.1-10. Support continued operation of passenger/sightseeing boats, 21.22.020
boats da boats" and long-term boat rentals and sales. (Table 2-6, 2-
passenger/fishing (" Y ) 9- 7)
2.3.1-11. Support continued short-term rental of small boats while encouraging vendors 21.22.020
to teach customers how to safely operate the watercraft. (Table 2-6, 2-
7)
2.3.1-12. Support continued operation of entertainment and tour boats subject to
reasonable regulations designed to ensure the operations don't have an adverse 21.22.020
impact, such as unsafe navigation, impaired water quality, reduced visual quality, (Table 2-6, 2-
excessive noise, unsafe street traffic conditions, or parking shortages on the 7)
environment and land uses surrounding the harbor.
2.3.3-1. Lower-cost visitor and recreational facilities, including campgrounds,
recreational vehicle parks, hostels, and lower-cost hotels and motels, shall be protected,
encouraged and, where feasible, provided. Developments providing public recreational
opportunities are preferred. New development that eliminates existing lower-cost
accommodations or provides high-cost overnight visitor accommodations or limited use 21.22.020
overnight visitor accommodations such as timeshares, fractional ownership and (Table 2-6, 2-
condominium-hotels shall provide lower-cost overnight visitor accommodations 7)
commensurate with the impact of the development on lower-cost overnight visitor
accommodations in Newport Beach or pay an "in-lieu"fee to the City in an amount to be
determined in accordance with law that shall be used by the City to provide lower-cost
overnight visitor accommodations.
2.4.1-5. Maintain the Recreational and Marine Commercial (CM) land use category and
allow CM uses in the Mixed Use land use categories (MU-V, MU-H, and MU-W) in areas 21.22.020
on or near the bay to encourage a continuation of coastal-dependent and coastal- 21.22.030
related uses.
3.1.1-12. Implement building design and siting regulations to protect public access
through setback and other property development regulations of the Zoning Code that 21.22.030
control building placement.
3.2.1-5. Continue to allow recreational commercial uses in commercial areas adjacent to 21.22.020
beaches and the bay.
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with 21.22.030
the unique character and visual scale of Newport Beach.
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 21.22.030
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize
public view opportunities.
Chapter 21.24 — Industrial Coastal Zoning Districts (IG)
LCP Policy Implementation Guide
Page 7
15
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
Policy 2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and
intensity of land uses within the coastal zone. If there is a conflict between the
development limits of the Land Use Element and the Coastal Land Use Plan, the
provision that is most protective of coastal resources shall take precedence. However, 21.24.030
in no case, shall the policies of the Coastal Land Use Plan be interpreted to allow a
development to exceed a development limit established by the General Plan or its
implementing ordinances.
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with 21.24.030
the unique character and visual scale of Newport Beach.
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 21.24.030
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize
public view opportunities.
Chapter 21.26 — Special Purpose Coastal Zoning Districts (OS, PC, PF,
PI, and PR)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.1-1 The land use categories in Table 2.1.1-1 establish the type, density and intensity 21.26.010
of land uses within the coastal zone. If there is a conflict between the development limits 21.26.020
of the Land Use Element and the Coastal Land Use Plan, the provision that is most 21.26.030
protective of coastal resources shall take precedence. However, in no case, shall the 21.26.045
policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a 21.26.055
development limit established by the General Plan or its implementing ordinances. 21.26.065
2.1.5-8. On the Lido Peninsula, CM development shall occupy 30 percent of the total
land area and residential development shall occupy 70 percent of the land area. One 21.26.065.0
residential dwelling unit is allowed for each 2,900 square feet of lot area.
2.1.7-1. Protect, and if feasible, expand and enhance, the variety of recreational and 21.26.065.6
visitor-serving uses. Particular attention should be given to provision of lower cost uses.
Policy 2.1.8-1. Allow the horizontal intermixing of short-term rental units and single- 21.26.040
family homes with the expanded tennis club faculties. Permitted uses include those (Table 2-19)
permitted by the MU-H and PR categories.
2.2.4-1. Designate the Banning Ranch property as an area of deferred certification until
such time as the future land uses for the property are resolved and policies are adopted 21.26.075
to address the future of the oil and gas operations and the protection of the coastal
resources on the property.
2.3.1-3. On land designated for visitor-serving and/or recreational uses, give priority to 21.26.045
visitor-serving commercial recreational facilities designed to enhance public (Table 2-15, 2-
opportunities for coastal recreation over other commercial uses, except for agriculture 18)
and coastal-dependent industry.
2.3.1-8. LCP Amendment No. 2005-001 (NPB-MAJ-1-06 Part A) to the Coastal Land
Use Plan changing a portion of land, not to exceed 4.25 acres in size, designated
Visitor-Serving Commercial (CV) in Newport Center to a residential designation shall
require a payment of a fee to mitigate for the loss of visitor-serving land. The mitigation 21.26.050.0
fee shall be used for the protection, enhancement and provision of lower-cost visitor
serving uses at Crystal Cove State Park. The mitigation fee shall be in the amount of
five million (5,000,000.00) dollars to off-set the loss of the priority land use in Newport
Center. The mitigation fee shall be paid prior to issuance of any coastal development
LCP Policy Implementation Guide
Page 8
10
CLUP Polices Implemented
permit granted for any residential project within the newly designated area and to an
entity, identified by the permitting agency, capable of implementing the mitigation at
Crystal Cove State Park. Until paid in accordance with the terms and conditions of the
coastal development permit, the amount shall be increased every July 1st by an amount
calculated on the basis of the percentage change from the year 2007 in the California
Consumer Price Index for Urban Consumers as determined by the entity that grants the
coastal development permit.
2.3.2-3. Cooperate with the County of Orange to continue to provide a variety of visitor-
serving and recreational uses at the Newport Dunes, including recreational vehicle park 21.26.065.6
and campground areas as a means of providing alternative and lower cost overnight
accommodations.
2.3.3-3. Identify, protect, encourage and provide lower-cost visitor-serving and 21.26.020
recreation facilities, including museums and interpretative centers.
2.4.1-1. Give priority to coastal-dependent uses over other uses on or near the 21.26.065.A.2
shoreline.
21.26.045
2.4.1-2. When appropriate, accommodate coastal-related developments within (Table 2-15)
reasonable proximity to the coastal-dependent uses they support. 21.26.045
(Table 2-18)
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with 21.26.030
the unique character and visual scale of Newport Beach. 21.26.055
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 21.26.030
Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize 21.26.055
public view opportunities.
Chapter 21.28 — Overlay Coastal Zoning Districts (MHP, PM, B, and C)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
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; 21.28.030
• 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.
3.2.2-4. Develop parking management programs for coastal zone areas to minimize
parking use conflicts between commercial uses, residential uses, and coastal zone 21.28.030
visitors during peak summer months.
4.1.3-3. Prepare natural habitat protection overlays for Buck Gully ESA and Morning
Canyon ESA for the purpose of providing standards to ensure both the protection and
restoration of the natural habitats in these areas. Include in the overlays standards for 21.28.050
the placement of structures, native vegetation/fuel modification buffers, and erosion and
sedimentation control structures.
4.4.3-3. Require all new bluff top development located on a bluff subject to marine I 211.28.046�d
LCP Policy Implementation Guide
Page 9
17
CLUP Polices Implemented
erosion to be sited in accordance with the predominant line of existing development in
the subject area, but not less than 25 feet from the bluff edge. This requirement shall
apply to the principal structure and major accessory structures such as guesthouses
and pools. The setback shall be increased where necessary to ensure safety and
stability of the development.
4.4.3-4. On bluffs subject to marine erosion, require new accessory structures such as
decks, patios and walkways that do not require structural foundations to be sited in
accordance with the predominant line of existing development in the subject area, but 21.28.040
not less than 10 feet from the bluff edge. Require accessory structures to be removed or
relocated landward when threatened by erosion, instability or other hazards.
4.4.3-5. Require all new bluff top development located on a bluff not subject to marine
erosion to be set back from the bluff edge in accordance with the predominant line of
existing development in the subject area. This requirement shall apply to the principal 21.28.040
structure and major accessory structures such as guesthouses and pools. The setback
shall be increased where necessary to ensure safety and stability of the development.
4.4.3-6. On bluffs not subject to marine erosion, require new accessory structures such
as decks, patios and walkways that do not require structural foundations, to be set back
from the bluff edge in accordance with the predominant line of existing accessory 21.28.040
development. Require accessory structures to be removed or relocated landward when
threatened by erosion, instability or other hazards.
4.4.3-7. Require all new development located on a bluff top to be setback from the bluff
edge a sufficient distance to ensure stability, ensure that it will not be endangered by
erosion, and to avoid the need for protective devices during the economic life of the
structure (75 years). Such setbacks must take into consideration expected longterm 21.28.040.1.
bluff retreat over the next 75 years, as well as slope stability. To assure stability, the
development must maintain a minimum factor of safety of 1.5 against Iandsliding for the
economic life of the structure.
4.4.3-8. Prohibit development on bluff faces, except private development on coastal
bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del
Mar determined to be consistent with the predominant line of existing development or
public improvements providing public access, protecting coastal resources, or providing 21.28.040
for public safety. Permit such improvements only when no feasible alternative exists and
when designed and constructed to minimize alteration of the bluff face, to not contribute
to further erosion of the bluff face, and to be visually compatible with the surrounding
area to the maximum extent feasible.
4.4.3-9. Where principal structures exist on coastal bluff faces along Ocean Boulevard,
Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to
be sited in accordance with the predominant line of existing development in order to 21.28.040
protect public coastal views. Establish a predominant line of development for both
principle structures and accessory improvements. The setback shall be increased where
necessary to ensure safety and stability of the development.
4.4.3-10. The coastal bluffs along Bayside Drive that have been cut and filled by the
Irvine Terrace and Promontory Point developments are no longer subject to marine 21.28.040
erosion. New development on these bluffs is subject to the setback restrictions
established for bluff top development located on a bluff not subject to marine erosion.
Chapter 21.30 — Property Development Standards
Revisions
Section Change Description
21.30.015 NEW General Site Design and Development Standards—implements a
LCP Policy Implementation Guide
Page 10
12
Revisions
number of policies relating to the location of development, protection
of uses, waterfront development, and hazardous areas.
21.30.025 Coastal Zone Subdivisions— Implements several policies subdivision
NEW design relating to public access, open space, hazardous areas, coastal
resource protection, alternative transportation, and private streets.
21.30.030 NEW Natural Landform and Shoreline Protection—provides regulations for
the protection of bluffs and canyons and protective structures
21.30.060.C.3 REVISED Increase in Height Limit/Required Findings—Required findings
limited to those relating to coastal zone issues.
21.30.060.D ADDED Exceptions to Height Limits—Exception for the Marina Park
Lighthouse added.
21.30.065 NEW Signs—Incorporates Zoning Code Chapter 20.42 (Sign Standards)
regulations on freestanding and rooftop signs.
21.30.075 Landscaping—Incorporates Zoning Code Chapter 20.36 (Landscaping
NEWS Standards) with additional requirements for ESHAs and dune habitats
needed to implement CLUP policies.
21.30.085 NEW Water Efficient Landscaping—Incorporates some requirements from
NBMC Chapter 14.17 (Water Efficient Landscaping).
21.30.100 Scenic and Visual Quality Protection— Expands on Zoning Code
REVISED Section 21.30.100 (Public View Protection)to include siting and
design standards, landform alteration standards, and undergrounding
of utilities.
21.30.105 NEW Cultural Resource Protection—implements policies on the protection
of archaeological, palaeontological, and historic resources.
21.30.110 REVISED Setback Regulations and Exceptions — Removed non-applicable
regulations.
21.30.135 NEW Water Quality Control—Implements CLUP water quality policies.
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.4-5. Development shall be designed and planned to achieve high levels of
architectural quality and compatibility among on-site and off-site uses. Adequate 21.30.100
pedestrian, non-automobile and vehicular circulation and parking shall be provided.
2.1.4-7. For bay-fronting properties, provide plazas and other open spaces that
protect existing and provide new view corridors and access from Coast Highway to 21.30.100
the Harbor.
2.1.4-9. For bay-fronting properties require that buildings be located and sites
designed to provide clear views of and access to the Harbor and Bay from the Coast 21.30.100
Highway in accordance with the following principles, as appropriate:
• Clustering of buildings to provide open view and access corridors to the
Harbor
• Modulation of building volume and mass
• Variation of building heights
• Inclusion of porticoes, arcades, windows, and other "see-through" elements
in addition to the defined open corridor
• Minimization of landscape, fencing, parked cars, and other nonstructural
elements that block views and access to the Harbor
• Prevention of the appearance of the harbor being walled off from the public
LCP Policy Implementation Guide
Page 11
19
CLUP Polices Implemented
right-of-way
• Inclusion of setbacks that in combination with setbacks on adjoining parcels
cumulatively form functional view corridors
• Encourage adjoining property owners to combine their view corridors to
achieve a larger cumulative corridor than would be achieved independently
• A site-specific analysis shall be conducted for new development to determine
the appropriate size, configuration, and design of the view and access
corridor that meets these objectives, which shall be subject to approval in the
Coastal Development Permit process.
2.3.1-5. Protect special communities and neighborhoods which, because of their 21.30.015. B
unique characteristics, are popular visitor destination points for recreational uses.
2.4.1-1. Give priority to coastal-dependent uses over other uses on or near the 21.30.015.0
shoreline.
2.4.1-3. Discourage re-use of properties that result in the reduction of coastal-
dependent commercial uses. Allow the re-use of properties that assure coastal- 21.30.015.0
dependent uses remain, especially in those areas with adequate infrastructure and
parcels suitable for redevelopment as an integrated project.
2.4.1-4. Design and site new development to avoid impacts to existing coastal-
dependent and coastal-related developments. When reviewing proposals for land use
changes, give full consideration to the impact on coastal-dependent and coastal- 21.30.015.0
related land uses including not only the proposed change on the subject property, but
also the potential to limit existing coastal-dependent and coastal-related land uses on
adjacent properties.
2.4.1-5. Maintain the Recreational and Marine Commercial (CM) land use category
and allow CM uses in the Mixed Use land use categories (MU-V, MU-H, and MU-W) 21.30.015.0
in areas on or near the bay to encourage a continuation of coastal-dependent and
coastal-related uses.
2.4.1-6. Protect and encourage facilities that serve marine-related businesses and
industries unless present and foreseeable future demand for such facilities is already 21.30.015.0
adequately provided for in the area. Encourage coastal-dependent industrial facilities
to locate or expand within existing sites and allowed reasonable long-term growth.
2.6-1. In the areas designated for industrial land uses, give priority to coastal-
dependent and coastal-related industrial uses over other industrial uses on or near 21.30.015.0
the shoreline.
2.8.1-1. Review all applications for new development to determine potential threats 21.30.015.D
from coastal and other hazards.
2.8.1-2. Design and site new development to avoid hazardous areas and minimize 21.30.015.D
risks to life and property from coastal and other hazards.
2.8.1-3. Design land divisions, including lot line adjustments, to avoid hazardous 21.30.025.0
areas and minimize risks to life and property from coastal and other hazards.
2.8.1-4. Require new development to assure stability and structural integrity, and
neither create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the construction of 21.30.015.D
protective devices that would substantially alter natural landforms along bluffs and
Cliffs.
2.8.3-1. Require all coastal development permit applications for new development on
a beach or on a coastal bluff property subject to wave action to assess the potential
for flooding or damage from waves, storm surge, or seiches, through a wave uprush
and impact reports prepared by a licensed civil engineer with expertise in coastal 21.30.015.D.3
processes. The conditions that shall be considered in a wave uprush study are: a
seasonally eroded beach combined with long-term (75 years) erosion; high tide
conditions, combined with long-term (75 year) projections for sea level rise; storm
LCP Policy Implementation Guide
Page 12
20
CLUP Polices Implemented
waves from a 100-year event or a storm that compares to the 1982/83 EI Nino event.
2.8.3-2. Prepare and periodically update (every 5 years) comprehensive wave uprush
and impact reports for shoreline and coastal bluff areas subject to wave action that 21.30.015.D.2
will be made available to applicants for new development on a beach or coastal bluff
property for use in fulfilling the requirement of Policy 2.8.3-1 above.
2.8.3-4. Continue to utilize temporary sand dunes in shoreline areas to protect
buildings and infrastructure from wave uprush, while minimizing significant impacts to 21.30.030.C.3
coastal access and resources.
2.8.3-5. Encourage the use of sand dunes with native vegetation as a protective 21.30.030.C.3
device in beach areas.
2.8.3-6. Encourage the use of non-structural methods, such as dune restoration and 21.30.030.C.3
sand nourishment, as alternatives to shoreline protective structures.
2.8.6-5. Permit revetments, breakwaters, groins, harbor channels, seawalls, cliff
retaining walls and other structures altering natural shoreline processes or retaining
walls when required to serve coastal-dependent uses or to protect existing principal 21.30.030.C.3
structures or public beaches in danger from erosion and when designed to eliminate
or mitigate adverse impacts on local shoreline sand supply, unless a waiver of future
shoreline protection was required by a previous coastal development permit.
2.8.6-6. Design and site protective devices to minimize impacts to coastal resources,
minimize alteration of natural shoreline processes, provide for coastal access, 21.30.030.C.3
minimize visual impacts, and eliminate or mitigate adverse impacts on local shoreline
sand supply.
2.8.6-7. Discourage shoreline protective devices on public land to protect private
property/development. Site and design any such protective devices as far landward
as possible. Such protective devices may be considered only after hazard avoidance, 21.30.030.C.3
restoration of the sand supply, beach nourishment and planned retreat are exhausted
as possible alternatives.
2.8.6-8. Limit the use of protective devices to the minimum required to protect
existing development and prohibit their use to enlarge or expand areas for new
development or for new development. "Existing development" for purposes of this
policy shall consist only of a principle structure, e.g. residential dwelling, required 21.30.030.C.3
garage, or second residential unit, and shall not include accessory or ancillary
structures such as decks, patios, pools, tennis courts, cabanas, stairs, landscaping
etc.
2.8.6-9. Require property owners to record a waiver of future shoreline protection for
new development during the economic life of the structure (75 years) as a condition
of approval of a coastal development permit for new development on a beach,
shoreline, or bluff that is subject to wave action, erosion, flooding, landslides, or other 21.30.015.D.5
hazards associated with development on a beach or bluff. Shoreline protection may
be permitted to protect existing structures that were legally constructed prior to the
certification of the LCP, unless a waiver of future shoreline protection was required by
a previouscoastal development permit.
2.8.6-10. Site and design new structures to avoid the need for shoreline and bluff 21.30.015.D.4
protective devices during the economic life of the structure (75 years).
2.8.7-2. Require new development to provide adequate drainage and erosion control
facilities that convey site drainage in a non-erosive manner in order to minimize 21.30.015.D.4
hazards resulting from increased runoff, erosion and other hydrologic impacts to
streams.
2.8.7-3. Require applications for new development, where applicable [i.e., in areas of
known or potential geologic or seismic hazards], to include a
geologic/soils/geotechnical study that identifies any geologic hazards affecting the 21.30.015.D.4
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the
LCP Policy Implementation Guide
Page 13
21
CLUP Polices Implemented
development will be safe from geologic hazard. Require such reports to be signed by
a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to
review and approval by the City.
2.8.8-1. Apply hazard reduction, fuel modification, and other methods to reduce 21.30.015.D.1
wildfire hazards to existing and new development in urban wildland interface areas.
2.8.8-2. Site and design new development to avoid fire hazards and the need to 21.30.015.D.6
extend fuel modification zones into sensitive habitats.
2.8.8-3. Use fire-resistive, native plant species from the City-approved plant list in fuel 21.30.015.D.6
modification zones abutting sensitive habitats.
2.8.8-4. Prohibit invasive ornamental plant species in fuel modification zones abutting 21.30.015.D.6
sensitive habitats.
2.9.1-3. Locate and design larger commercial and residential developments to be
served by transit and provide non-automobile circulation to serve new development 21.30.025.E
to the greatest extent possible.
2.9.1-6. Maintain and enhance existing public water transportation services and
encourage and provide incentives for expansion of these uses and land support 21.30.015.C.3.c
facilities.
3.1.1-17. Require new development in waterfront commercial areas to provide public
access easements to and along the waterfront. Where appropriate, integrate public 21.30.015.C.3.a
access easements into the project designs, such as restaurants with outdoor
waterfront dining areas and boarding areas for charter and excursion vessels.
3.1.1-28. Encourage the creation of waterfront public spaces and beaches, with
adjacent water access and docking facilities that serves as the identity and activity 21.30.015.C.2
"centers" of Newport Harbor forspecial events of community/regional interest.
3.1.5-2. Prohibit new private streets, or the conversion of public streets to private
streets, where such a conversion would inhibit public access to and along the 21.30.025.F
shoreline and to beaches, coastal parks, trails, or coastal bluffs.
3.1.5-3. Require public access consistent with public access policies for any new
development in private/gated communities causing or contributing to adverse public 21.30.025.F
access impacts.
3.2.1-3. Provide adequate park and recreational facilities to accommodate the needs 21.30.025.6.2
of new residents when allowing new development.
4.1.3-1. Utilize the following mitigation measures to reduce the potential for adverse
impacts to ESA natural habitats from sources including, but not limited to, those
identified in Table 4.1.1:
F. Regulate landscaping or revegetation of blufftop areas to control erosion and
invasive plant species and provide a transition area between developed areas and 21.30.030.C.2
natural habitats.
G. Require irrigation practices on blufftops that minimize erosion of bluffs. 21.30.030.C.2
H. Participate in implementation of Total Maximum Daily Loads (TMDLs) — see 21.30.135
Section 4.3 (Water Quality).
I. Participate in programs to control sedimentation into and within Upper Newport 21.30.135
Bay.
L. Control upstream pollution sources from Buck Gully, Morning Canyon and storm
drain runoff from local streets to the maximum extent practical to reduce sediment, 21.30.135
nutrient, fecal coliform, and toxic pollutant loads.
M. Implement TMDLs into Newport Bay and local watersheds to minimize water 21.30.135
quality problems along the coastline.
21.30.015.D.6
N. Prohibit invasive species and require removal in new development. 21.30.030.C.2
21.30.075.B.2.c
21.30.075.B.3.e
LCP Policy Implementation Guide
Page 14
22
CLUP Polices Implemented
21.30.075.D.3
O. Implement and enforce TMDLs in watershed and Upper Newport Bay to improve 21.30.135
water quality in Newport Harbor.
21.30.015.D.6
21.30.030.C.2
4.1.3-2. Prohibit the planting of invasive species in non-urbanized areas. 21.30.075.B.2.c
21.30.075.B.3.e
21.30.075.D.3
4.1.3-3. Prepare natural habitat protection overlays for Buck Gully ESA and Morning
Canyon ESA for the purpose of providing standards to ensure both the protection and
restoration of the natural habitats in these areas. Include in the overlays standards for 21.30.030.0
the placement of structures, native vegetation/fuel modification buffers, and erosion
and sedimentation control structures.
4.1.3-10. Remove unauthorized structures that encroach into Semeniuk Slough, the
Upper Newport Bay Marine Park, or other wetland areas. Prohibit future
encroachment of structures into these areas unless structures are absolutely 21.30.030.C.4.b
necessary for public well being. Minimize any necessary encroachment into wetland
habitats to the extent feasible and permanent loss of wetlands habitat shall be
mitigated.
4.1.5-1. Require the removal of exotic vegetation and the restoration of native 21.30.075.B.2.a
vegetation in dune habitat.
4.3.1-1. Continue to develop and implement the TMDLs established by the Regional 21.30.135
Board and guided by the Newport Bay Watershed Executive Committee (WEC).
4.3.1-4. Preserve, or where feasible, restore natural hydrologic conditions such that
downstream erosion, natural sedimentation rates, surface flow, and groundwater 21.30.135
recharge function near natural equilibrium states.
4.3.1-5. Require development on steep slopes or steep slopes with erosive soils to 21.30.015.D
implement structural best management practices (BMPs) to prevent or minimize 21.30.135.D
erosion consistent with any load allocation of the TMDLs adopted for Newport Bay. 21.30.030.B.1.b.2
4.3.1-6. Require grading/erosion control plans to include soil stabilization on graded 21.30.015.D
or disturbed areas. 21.30.135.D
21.30.030.B.1.b.2
4.3.1-7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut-and fill to reduce erosion and 21.30.015.D
sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require 21.30.135.D
construction to minimize disturbance of natural vegetation, including significant trees, 21.30.030.B.1.b.2
native vegetation, root structures, and other physical or biological features important
for preventing erosion or sedimentation.
4.3.1-8. Protection against the spillage of crude oil, gas, petroleum products, or
hazardous substances shall be provided in relation to any development or 21.30.135
transportation of such materials. Effective containment and cleanup facilities and
procedures shall be provided for accidental spills that do occur.
4.3.2-1. Promote pollution prevention and elimination methods that minimize the
introduction of pollutants into coastal waters, as well as the generation and impacts of 21.30.135
dry weather and polluted runoff.
4.3.2-2. Require that development not result in the degradation of coastal waters
(including the ocean, estuaries and lakes) caused by changes to the hydrologic 21.30.135
landscape.
4.3.2-4. Continue to update and enforce the Newport Beach Water Quality Ordinance 21.30.135
consistent with the MS4 Permit.
4.3.2-5. Develop and maintain a water quality checklist to be used in the permit 21.30.135
review process to assess potential water quality impacts.
4.3.2-6. Implement and improve upon best management practices (BMPs) for 21.30.135
LCP Policy Implementation Guide
Page 15
23
CLUP Polices Implemented
residences, businesses, new development and significant redevelopment, and City
operations.
4.3.2-7. Incorporate BMPs into the project design in the following progression:
Site Design BMPs.
I Source Control BMPs.
I Treatment Control BMPs. 21.30.135
Include site design and source control BMPs in all developments. When the
combination of site design and source control BMPs are not sufficient to protect water
quality as required by the LCP or Coastal Act, structural treatment BMPs will be
implemented along with site design and source control measures.
4.3.2-8. To the maximum extent practicable, runoff should be retained on private
property to prevent the transport of bacteria, pesticides, fertilizers, pet waste, oil, 21.30.135
engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants
into recreational waters.
4.3.2-9. To the maximum extent practicable, limit the use of curb drains to avoid
conveying runoff directly to the City's street drainage system without the benefit of 21.30.135
absorption by permeable surfaces and natural treatments such as landscaped areas
and planters.
4.3.2-11. Require new development to minimize the creation of and increases in
impervious surfaces, especially directly connected impervious areas, to the maximum 21.30.135
extent practicable. Require redevelopment to increase area of pervious surfaces,
where feasible.
4.3.2-12. Require development to protect the absorption, purification, and retention
functions of natural drainage systems that exist on the site, to the maximum extent
practicable. Where feasible, design drainage and project plans to complement and Section
utilize existing drainage patterns and systems, conveying drainage from the 21.30.135
developed area of the site in a non-erosive manner. Disturbed or degraded natural
drainage systems should be restored, where feasible.
4.3.2-13. Site development on the most suitable portion of the site and design to
ensure the protection and preservation of natural and sensitive site resources by
providing for the following:
A. Protecting areas that provide important water quality benefits, areas necessary to
maintain riparian and aquatic biota and/or that are susceptible to erosion and
sediment loss;
B. Analyzing the natural resources and hazardous constraints of planning areas and
individual development sites to determine locations most suitable for development;
C. Preserving and protecting riparian corridors, wetlands, and buffer zones; 21.30.135
D. Minimizing disturbance of natural areas, including vegetation, significant trees,
native vegetation, and root structures;
E. Ensuring adequate setbacks from creeks, wetlands, and other environmentally
sensitive habitat areas;
F. Promoting clustering of development on the most suitable portions of a site by
taking into account geologic constraints, sensitive resources, and natural drainage
features
G. Utilizing design features that meet water quality goals established in site design
policies.
4.3.2-14. Whenever possible, divert runoff through planted areas or sumps that
recharge the groundwater dry wells and use the natural filtration properties of the 21.30.135
earth to prevent the transport of harmful materials directly into receiving waters.
4.3.2-15. Where infiltration of runoff would exacerbate geologic hazards, include 21.30.135
equivalent BMPs that do not require infiltration.
4.3.2-16. Require structural BMPs to be inspected, cleaned, and repaired as 21.30.135
LCP Policy Implementation Guide
Page 16
24
CLUP Polices Implemented
necessary to ensure proper functioning for the life of the development. Condition
coastal development permits to require ongoing application and maintenance as is
necessary for effective operation of all BMPs (including site design, source control,
and treatment control).
4.3.2-17. Utilize permeable surfaces that permit the percolation of urban runoff in
non-sidewalk areas within the City's parkway areas, to the maximum extent 21.30.135
practicable.
4.3.2-18. Condition coastal development permits to require the City, property owners,
or homeowners associations, as applicable, to sweep permitted parking lots and 21.30.135
public and private streets frequently to remove debris and contaminated residue.
4.3.2-19. Require parking lots and vehicle traffic areas to incorporate BMPs designed
to prevent or minimize runoff of oils and grease, car battery acid, coolant, gasoline, 21.30.135
sediments, trash, and other pollutants to receiving waters.
4.3.2-20. Require commercial development to incorporate BMPs designed to prevent
or minimize the runoff of pollutants from structures, landscaping, parking areas, 21.30.135
loading and unloading dock areas, repair and maintenance bays, and
vehicle/equipment wash areas.
4.3.2-21. Require service stations, car washes and vehicle repair facilities to
incorporate BMPs designed to prevent or minimize runoff of oil and grease, solvents,
car battery acid, coolant, gasoline, and other pollutants to stormwater system from 21.30.135
areas including fueling areas, repair and maintenance bays, vehicle/equipment wash
areas, and loading/unloading dock areas.
4.3.2-22. Require beachfront and waterfront development to incorporate BMPs 21.30.135
designed to prevent or minimize polluted runoff to beach and coastal waters.
4.3.2-23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum
extent practicable dry weather runoff, runoff from small storms (less than 3/4" of rain 21.30.135
falling over a 24-hour period) and the concentration of pollutants in such runoff during
construction and post-construction from the property.
4.3.2-24. To further reduce runoff, direct and encourage water conservation via the
use of weather- and moisture-based irrigation controls, tiered water consumption 21.30.075
rates, and native or drought-tolerant plantings in residential, commercial, and 21.30.085
municipal properties to the maximum extent practicable.
4.3.3-3. Require waste discharge permits with all food preparation facilities that
produce grease and require such permits to include:
I Agreements to follow appropriate BMPs;
Maximum grease intrusion levels;
Maintenance/posting of appropriate educational material; 21.30.135
I Maintenance log for laterals (at least quarterly);
I Maintenance of a log for any grease control device or vat;
Funding for regular compliance inspections;
Acknowledgement of City's ability to fine for non-compliance.
4.4.1-1. Protect and, where feasible, enhance the scenic and visual qualities of the 21.30.030
coastal zone, including public views to and along the ocean, bay, and harbor and to 21.30.100
coastal bluffs and other scenic coastal areas.
4.4.1-2. Design and site new development, including landscaping, so as to minimize 21.30.030
impacts to public coastal views. 21.30.100
4.4.1-3. Design and site new development to minimize alterations to significant 21.30.030
natural landforms, including bluffs, cliffs and canyons. 21.30.100
4.4.1-4. Where appropriate, require new development to provide view easements or
corridors designed to protect public coastal views or to restore public coastal views in 21.30.100
developed areas.
LCP Policy Implementation Guide
Page 17
2
CLUP Polices Implemented
4.4.1-5. Where feasible, require new development to restore and enhance the visual 21.30.100
quality in visually degraded areas.
4.4.1-6. Protect public coastal views from the following roadway segments:
❑ Backbay Drive.
❑ Balboa Island Bridge.
❑ Bayside Drive from Coast Highway to Linda Island Drive.
❑ Bayside Drive at Promontory Bay.
❑ Coast Highway/Santa Ana River Bridge.
❑ Coast Highway/Newport Boulevard Bridge and Interchange.
❑ Coast Highway from Newport Boulevard to Marino Drive.
❑ Coast Highway/Newport Bay Bridge.
❑ Coast Highway from Jamboree Road to Bayside Drive.
❑ Eastbluff Drive from Jamboree Road to Backbay Drive.
❑ Irvine Avenue from Santiago Drive to University Drive. 21.30.100
❑ Jamboree Road from Eastbluff Drive/University Drive to State Route 73.
❑ Jamboree Road in the vicinity of the Big Canyon Park.
❑ Jamboree Road from Coast Highway to Bayside Drive.
❑ Lido Island Bridge.
❑ Newport Boulevard from Hospital Road/Westwinster Avenue to Via Lido Drive.
❑ Newport Center Drive from Newport Center Drive ENV to Farallon Drive/Granville
Drive.
❑ Ocean Boulevard.
❑ State Route 73 from Bayview Way to University Drive.
❑ Superior Avenue from Hospital Road to Coast Highway.
❑ University Drive from Irvine Avenue to the Santa Ana–Delhi Channel.
4.4.1-7. Design and site new development, including landscaping, on the edges of
public coastal view corridors, including those down public streets, to frame and 21.30.100
accent public coastal views.
4.4.1-8. Require that buildings be located and sites designed to provide clear views
of and access to the Harbor and Bay from the Coast Highway and Newport
Boulevard rights-of-way in accordance with the following principles, as appropriate:
❑ Clustering of buildings to provide open view and access corridors to the Harbor.
❑ Modulation of building volume and masses.
❑ Variation of building heights.
❑ Inclusion of porticoes, arcades, windows, and other —see-throughll elements in
addition to the defined open corridor.
❑ Minimization of landscape, fencing, parked cars, and other nonstructural elements
that block views and access to the Harbor. 21.30.100
❑ Prevention of the appearance of the public right-of-way being walled off from the
Harbor.
❑ Inclusion of setbacks that in combination with setbacks on adjoining parcels
cumulatively form functional view corridors.
❑ Encouragement of adjoining properties to combine their view corridors that achieve
a larger cumulative corridor than would have been achieved independently.
F- A site-specific analysis shall be conducted for new development to determine the
appropriate size, configuration, and design of the view and access corridor that
meets these objectives, which shall be subject to approval in the coastal
development plan review process.
4.4.1-9. Design and maintain parkway and median landscape improvements in public 21.30.030
rights-of-way so as not to block public coastal views at maturity. 21.30.100
4.4.1-10. Where feasible, provide public trails, recreation areas, and viewing areas 21.30.025
adjacent to public coastal view corridors.
LCP Policy Implementation Guide
Page 18
20
CLUP Polices Implemented
4.4.1-11. Restrict development on sandy beach areas to those structures directly
supportive of visitor-serving and recreational uses, such as lifeguard towers, 21.30.100
recreational equipment, restrooms, and showers. Design and site such structures to
minimize impacts to public coastal views.
4.4.2 Bulk and Height Limitation
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone,
as graphically depicted on Map 4-3, except for the following site:
Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 73-
foot- tall faux lighthouse architectural tower, that creates an iconic landmark for the
public to identify the site 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 flag poles. Any 21.30.060
architectural tower that exceeds the 35-foot height limit shall not include floor area
above the 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 34-feet at the base of the
tower. Public viewing opportunities shall be provided above the 35-feet, as feasible.
Resolution 2013-44
4.4.2-2. Continue to regulate the visual and physical mass of structures consistent 21.30.060
with the unique character and visual scale of Newport Beach. 21.30.100
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 21.30.060
the Zoning Code in effect as of October 13, 2005 that limit the building profile and 21.30.100
maximize public view opportunities.
4.4.2-4. Prohibit projections associated with new development to exceed the top of
curb on the bluff side of Ocean Boulevard. Exceptions for minor projections may be 21.30.060.6.4
granted for chimneys and vents provided the height of such projections is limited to
the minimum height necessary to comply with the Uniform Building Code.
4.4.3-1. Require new planned communities to dedicate or preserve as open space 21.30.025.B.4
the coastal bluff face and an area inland from the edge of the coastal bluff adequate 21.30.030.C.5
to provide safe public access and to avoid or minimize visual impacts.
4.4.3-2. Maintain approved bluff edge setbacks for the coastal bluffs within the
planned communities of Castaways, Eastbluff, Park Newport, Newporter North 21.30.030.C.1.b
(Harbor Cove), and Bayview Landing to ensure the preservation of scenic resources
and geologic stability.
4.4.3-4. On bluffs subject to marine erosion, require new accessory structures such
as decks, patios and walkways that do not require structural foundations to be sited
in accordance with the predominant line of existing development in the subject area, 21.28.040
but not less than 10 feet from the bluff edge. Require accessory structures to be 21.30.030.C.1
removed or relocated landward when threatened by erosion, instability or other
hazards.
4.4.3-5. Require all new bluff top development located on a bluff not subject to
marine erosion to be set back from the bluff edge in accordance with the predominant
line of existing development in the subject area. This requirement shall apply to the 21.30.030.C.1
principal structure and major accessory structures such as guesthouses and pools.
The setback shall be increased where necessary to ensure safety and stability of the
development.
4.4.3-6. On bluffs not subject to marine erosion, require new accessory structures
such as decks, patios and walkways that do not require structural foundations, to be 21.30.030.0.1
set back from the bluff edge in accordance with the predominant line of existing
accessory development. Require accessory structures to be removed or relocated
LCP Policy Implementation Guide
Page 19
27
CLUP Polices Implemented
landward when threatened by erosion, instability or other hazards.
4.4.3-7. Require all new development located on a bluff top to be setback from the
bluff edge a sufficient distance to ensure stability, ensure that it will not be
endangered by erosion, and to avoid the need for protective devices during the
economic life of the structure (75 years). Such setbacks must take into consideration 21.30.015.D.5
expected longterm bluff retreat over the next 75 years, as well as slope stability. To
assure stability, the development must maintain a minimum factor of safety of 1.5
against landslicling for the economic life of the structure.
4.4.3-11. Require applications for new development to include slope stability
analyses and erosion rate estimates provided by a licensed Certified Engineering 21.30.015.D
Geologist or Geotechnical Engineer.
4.4.3-12. Employ site design and construction techniques to minimize alteration of
coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an alternative
location is more protective of coastal resources.
B. Utilizing existing driveways and building ads to the maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
21.30.030.0.7
E. Designing buildings to conform to the natural contours of thesite, and arranging
driveways and patio areas to be compatible with the slopes and building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever designs.
G. Detaching arts of the development, such as a garage from a dwelling unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
4.4.3-13. Require new development adjacent to the edge of coastal bluffs to
incorporate drainage improvements, irrigation systems, and/or native or drought- 21.30.030.0.2
tolerant vegetation into the design to minimize coastal bluff recession.
4.4.3-14. Require swimming pools located on bluff properties to incorporate leak 21.30.030.C.6
prevention and detection measures.
4.4.3-15. Design and site new development to minimize the removal of native 21.30.030.C.7
vegetation, preserve rock outcroppings, and protect coastal resources.
4.4.3-16. Design land divisions, including lot line adjustments, to minimize impacts to 21.30.025.D
coastal bluffs.
4.4.3-17. Identify and remove all unauthorized structures, including protective 21.30.030.C.4
devices, fences, and stairways, which encroach into coastal bluffs.
4.4.4-1. Design and site signs, utilities, and antennas to minimize visual impacts to 21.30.100.
coastal resources.
4.4.4-2. Continue to implement the special sign regulations in Mariner's Mile and on 21.30.065
the Balboa Peninsula.
4.4.4-3. Update sign regulations for the West Newport, Marine Avenue, and Corona 21.30.065
del Mar commercial areas.
4.4.4-4. Implement programs to remove illegal signs and amortize legal 21.30.065
nonconforming signs.
4.4.4-5. Prohibit new billboards and roof top signs and regulate the bulk and height of
other freestanding signs that affect public coastal views. Heritage signs are not 21.30.065
subject to this restriction.
4.4.4-6. Continue to require new development to underground utilities. 21.30.100.G
4.4.4-7. Continue programs to remove and underground overhead utilities. 21.30.100.G
4.5.1-1. Require new development to protect and preserve paleontological and
archaeological resources from destruction, and avoid and minimize impacts to such
resources. If avoidance of the resource is not feasible, require an in situ or site- 21.30.105
capping preservation plan or a recovery plan for mitigating the effect of the
development.
LCP Policy Implementation Guide
Page 20
2g
CLUP Polices Implemented
4.5.1-2. Require a qualified paleontologist/archeologist to monitor all grading and/or
excavation where there is a potential to affect cultural or paleontological resources. If
grading operations or excavations uncover paleontological/archaeological resources,
require the paleontologist/archeologist monitor to suspend all development activity to
avoid destruction of resources until a determination can be made as to the
significance of the paleontological/ archaeological resources. If resources are 21.30.105.A
determined to be significant, require submittal of a mitigation plan. Mitigation
measures considered may range from in-situ preservation to recovery and/or
relocation. Mitigation plans shall include a good faith effort to avoid impacts to cultural
resources through methods such as, but not limited to, project redesign, in situ
preservation/capping, and placing cultural resource areas in open space.
4.5.1-3. Notify cultural organizations, including Native American organizations, of
proposed developments that have the potential to adversely impact cultural 21.30.105.A
resources. Allow qualified representatives of such groups to monitor grading and/or
excavation of development sites.
4.5.1-4. Where in situ preservation and avoidance are not feasible, require new
development to donate scientifically valuable paleontological or archaeological 21.30.105.A
materials to a responsible public or private institution with a suitable repository,
located within Orange County, whenever possible.
4.5.1-5. Where there is a potential to affect cultural or paleontological resources,
require the submittal of an archeological/cultural resources monitoring plan that
identifies monitoring methods and describes the procedures for selecting
archeological and Native American monitors and procedures that will be followed if
additional or unexpected archeological/cultural resources are encountered during 21.30.105.A
development of the site. Procedures may include, but are not limited to, provisions for
cessation of all grading and construction activities in the area of the discovery that
has any potential to uncover or otherwise disturb cultural deposits in the area of the
discovery and all construction that may foreclose mitigation options to allow for
significance testing, additional investigation and mitigation.
4.5.1-6. Continue to protect Upper Newport Bay cliff faces to serve as a reference 21.30.030
section for micro aleontolo ical studies.
4.5.2-1. Maintain and periodically update the Newport Beach Register of Historical
Property for buildings, objects, structures, and monuments having importance to the 21.30.105.6
history or architecture of Newport Beach and require photo documentation of
inventoried historic structures prior to demolition.
4.5.2-2. Provide incentives, such as granting reductions or waivers of applications
fees, permit fees, and/or any liens placed by the City to properties listed in the 21.30.105.B
National or State Register or the Newport Beach Register of Historical Property in
exchange for preservation easements.
4.6-9. Require applications for new development, where applicable, to include a
geologic/soils/geotechnical study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains statements
that the project site is suitable for the proposed development and that the
development will be safe from geologic hazard for its economic life. For development 21.30.015.D.
on coastal bluffs, including bluffs facing Upper Newport Bay, such reports shall
include slope stability analyses and estimates of the long-term average bluff retreat
rate over the expected life of the development. Reports are to be signed by an
appropriately licensed professional and subject to review and approval by qualified
city staff members and/or contracted employee(s).
Chapter 21.30A — Public Access and Recreation
LCP Policy Implementation Guide
Page 21
�9
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.4-8. For bay-fronting properties, require that development on the Bay frontage
implement amenities that assure access for coastal visitors including the 21.30A.050.A.10
development of a public pedestrian promenade along the bayfront.
2.3.1-9. In Mariner's Mile, require that development on the Bay frontage implement
amenities that assure access for coastal visitors. Pursue development of a pedestrian 21.30A.050.A.10
promenade along the Bayfront.
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 21.30A.050.E.2
shuttles to serve coastal recreational areas.
2.9.2-1. Maintain, expand, and encourage the use of bikeways and trails as 21.30A.050.A.1.g
alternative circulation routes.
2.9.2-4. Design and site new development to provide connections to existing and 21.30A.050.A.1
proposed bikeways and trail systems.
2.9.3-6. Prohibit new development that would result in restrictions on public parking
that would impede or restrict public access to beaches, trails or parklands, (including, 21.30A.040.0
but not limited to, the posting of "no parking" signs, red curbing, and physical 21.30A.050.E.1
barriers), except where such restrictions are needed to protect public safety and
where no other feasible alternative exists to provide public safety.
2.9.3-7. If public parking restrictions are allowed to protect public safety, require new
development to provide an equivalent quantity of public parking nearby as mitigation 21.30A.050.E.1.b
for impacts to coastal access and recreation, where feasible.
3.1.1-1. Protect, and where feasible, expand and enhance public access to and along 21.30A.010
the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
3.1.1-4. Identify and remove all unauthorized structures, including signs and fences, 21.30A.050.D
which inhibit public access.
3.1.1-5. Allow public access improvements in environmentally sensitive habitat areas
(ESHA) when sited, designed, and maintained in a manner to avoid or minimize 21.30A.050.A.6
impacts to the ESHA.
3.1.1-7. Continue to protect the public's right of access to the sea where acquired
through historic use or legislative authorization. Where substantial evidence of 21.30A.050.H
prescriptive rights exists, actively pursue public acquisition or require access
easements as a condition for new development.
3.1.1-8. Where there is substantial evidence that prescriptive rights of access to the
beach exist on a parcel, development on that parcel must be designed, or conditions 21.30A.050.H
must be imposed, to avoid interference with the prescriptive rights that may exist or to
provide alternative, equivalent access.
3.1.1-9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• Includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trails stems of adjacent jurisdictions; 21.30A.050.A
• Provides access to coastal view corridors;
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
3.1.1-11. Require new development to minimize impacts to public access to and 21.30A.040
along the shoreline.
3.1.1-12. Implement building design and siting regulations to protect public access 21.30A.050
through setback and other property development regulations of the Zoning Code that
LCP Policy Implementation Guide
Page 22
so
CLUP Polices Implemented
control building placement.
3.1.1-13. Require a direct dedication or an Offer to Dedicate (OTD) an easement for
lateral public access for all new shorefront development causing or contributing to
adverse public access impacts. Such dedication or easement shall extend from the 21.30A.050
limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward 21.30A.060
of the primary extent of development (e.g. intersection of sand with toe or top of
revetment, vertical face of seawall, dripline of deck, or toe of bluff).
3.1.1-14. Require a direct dedication or an Offer to Dedicate (OTD) an easement for
vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical 21.30A.050
accessways shall be a sufficient size to accommodate two-way pedestrian passage 21.30A.060
and landscape buffer and should be sited along the border or side property line of the
project site or away from existing or proposed development to the maximum feasible
extent.
3.1.1-15. Encourage the acceptance, improvement and opening of OTDs to the public 21.30A.060
by the City, a public agency, a private association, or other appropriate entity.
3.1.1-16. Require all direct dedications or OTDs for public access to be made to a
public agency or other appropriate entity that will operate the accessway on behalf of 21.30A.060
the public. Require accessways to be opened to the public once an appropriate entity
accepts responsibility for maintenance and liability.
3.1.1-17. Require new development in waterfront commercial areas to provide public
access easements to and along the waterfront. Where appropriate, integrate public 21.30A.050.A
access easements into the project designs, such as restaurants with outdoor
waterfront dining areas and boarding areas for charter and excursion vessels.
3.1.1-24. Encourage the creation of new public vertical accessways where feasible, 21.30A.050
including Corona del Mar and other areas of limited public accessibility.
3.1.1-25. Where marine sales and service equipment and operations present security
or public safety concerns, waterfront access detours may be necessary in some 21.30A.050.C.1.b
areas in order to maintain facilities and services essential to the operation of the
harbor.
3.1.1-26. Consistent with the policies above, provide maximum public access from
the nearest public roadway to the shoreline and along the shoreline with new
development except where (1) it is inconsistent with public safety, military security 21.30A.050
needs, or the protection of fragile coastal resources or (2) adequate access exists
nearby.
3.1.1-27. Implement public access policies in a manner that takes into account the
need to regulate the time, place, and manner of public access depending on the facts
and circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses; 21.30A.050
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners and
the public's constitutional rights of access.
3.1.2-1. Protect, and where feasible, expand and enhance public access to and along 21.30A.050
coastal bluffs.
3.1.2-2. Site, design, and maintain public access improvements in a manner to avoid 21.30A.050
or minimize impacts to coastal bluffs see Section 4.4.3).
3.1.5-1. Prohibit new development that incorporate gates, guardhouses, barriers or 21.30A.040.0
LCP Policy Implementation Guide
Page 23
31
CLUP Polices Implemented
other structures designed to regulate or restrict access where they would inhibit 21.30A.050.A.3
public access to and along the shoreline and to beaches, coastal parks, trails, or
coastal bluffs.
3.1.5-2. Prohibit new private streets, or the conversion of public streets to private 21.30A.040.0
streets, where such a conversion would inhibit public access to and along the 21.30A.050.A.3
shoreline and to beaches, coastal parks, trails, or coastal bluffs.
3.2.1-1. Protect, and where feasible, expand and enhance recreational opportunities 21.30A.030
in the coastal zone.
3.2.1-3. Provide adequate park and recreational facilities to accommodate the needs 21.30A.030.0
of new residents when allowing new development.
4.1.3-1. Utilize the following mitigation measures to reduce the potential for adverse
impacts to ESA natural habitats from sources including, but not limited to, those
identified in Table 4.1.1: 21.30A.050.A.6
B. Where pedestrian access is permitted, avoid adverse impacts to sensitive areas
from pedestrian traffic through the use of well-defined footpaths, boardwalks,
protective fencing, signage, and similar methods.
4.1.3-10. Remove unauthorized structures that encroach into Semeniuk Slough, the
Upper Newport Bay Marine Park, or other wetland areas. Prohibit future
encroachment of structures into these areas unless structures are absolutely 21.30A.050.D
necessary for public well being. Minimize any necessary encroachment into wetland 21.30A.050.1
habitats to the extent feasible and permanent loss of wetlands habitat shall be
mitigated.
4.1.5-2. Direct public access away from dune habitat areas through the use of well- 21.30A.050.A.6
defined footpaths, boardwalks, protective fencing, signage, and similar methods.
Chapter 21.306 — Habitat Protection (Formally, Environmentally
Sensitive Areas)
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.7-2. New development shall provide for the protection of the water quality of the
bay and adjacent natural habitats. New development shall be designed and sited to Chapter 21.30B
minimize impacts to public views of the water and coastal bluffs.
4.1.1-1. Define any area in which plant or animal life or their habitats are either rare or
especially valuable because of their special nature or role in an ecosystem and which
could be easily disturbed or degraded by human activities and developments as an
environmentally sensitive habitat area (ESHA). Using a site-specific survey and 21.30B.020.A
analysis by a qualified biologist, evaluate the following attributes when determining 21.30B.020.B
whether a habitat area meets the definition of an ESHA: 21.30B.020.0
A. The presence of natural communities that have been identified as rare by the
California Department of Fish and Game.
B. The recorded or potential presence of plant or animal species designated as rare,
threatened, or endangered under State or Federal law.
C. The presence or potential presence of plant or animal species that are not listed
under State or Federal law, but for which there is other compelling evidence of rarity,
such as designation as a 1B or 2 species by the California Native Plant Society.
D. The presence of coastal streams.
E. The degree of habitat integrity and connectivity to other natural areas.
Attributes to be evaluated when determining a habitat's integrity/connectivity include
the habitat's patch size and connectivity, dominance by invasive/non-native species,
the level of disturbance, the proximity to development, and the level of fragmentation
and isolation. Existing developed areas and existing fuel modification areas required
LCP Policy Implementation Guide
Page 24
S
CLUP Polices Implemented
by the City of Newport Beach Fire Department or the Orange County Fire Authority for
existing, legal structures do not meet the definition of ESHA.
4.1.1-2. Require a site-specific survey and analysis prepared by a qualified biologist
as a filing requirement for coastal development permit applications where
development would occur within or adjacent to areas identified as a potential ESHA. 21.306.020.6
Identify ESHA as habitats or natural communities listed in Section 4.1.1 that possess
any of the attributes listed in Policy 4.1.1-1. The ESA's depicted on Map 4-1 shall
represent a preliminary mapping of areas containing potential ESHA.
4.1.1-3. Prohibit new development that would necessitate fuel modification in ESHA. 21.30B.020.F
4.1.1-4. Protect ESHAs against any significant disruption of habitat values. 21.30B.020.B
4.1.1-5. Design land divisions, including lot line adjustments, to preclude new 21.30.025.D
development within and minimize impacts to ESHAs.
4.1.1-6. Require development in areas adjacent to environmentally sensitive habitat
areas to be sited and designed to prevent impacts that would significantly degrade 21.30B.020.H
those areas, and to be compatible with the continuance of those habitat areas.
4.1.1-7. Limit uses within ESHAs to only those uses that are dependent on such 21.30B.020.G
resources.
4.1.1-8. Limited public access improvements and minor educational, interpretative
and research activities and development may be considered resource dependent 21.30B.020.G
uses. Measures, including, but not limited to, trail creation, signage, placement of
boardwalks, and fencing, shall be implemented as necessary to protect ESHA.
4.1.1-9. Where feasible, confine development adjacent to ESHAs to low impact land 21.3013.020.E
uses, such as open space and passive recreation.
4.1.1-10. Require buffer areas of sufficient size to ensure the biological integrity and
preservation of the habitat they are designed to protect. Terrestrial ESHA shall have a
minimum buffer width of 50 feet wherever possible. Smaller ESHA buffers may be
allowed only where it can be demonstrated that 1) a 50-foot wide buffer is not 21.30B.020.E.1
possible due to site-specific constraints, and 2) the proposed narrower buffer would
be amply protective of the biological integrity of the ESHA given the site-specific
characteristics of the resource and of the type and intensity of disturbance.
4.1.1-11. Provide buffer areas around ESHAs and maintain with exclusively native
vegetation to serve as transitional habitat and provide distance and physical barriers 21.30B.020.E.2
to human and domestic pet intrusion.
4.1.1-12. Require the use of native vegetation and prohibit invasive plant species 21.30B.020.E.2
within ESHAs and ESHA buffer areas.
4.1.1-13. Shield and direct exterior lighting away from ESHAs to minimize impacts to 21.30B.020.F.5
wildlife.
4.1.1-14. Require mitigation in the form of habitat creation or substantial restoration
for allowable impacts to ESHA and other sensitive resources that cannot be avoided
through the implementation of siting and design alternatives. Priority shall be given to 21.30B.020.F.5
on-site mitigation. Off-site mitigation measures shall only be approved when it is not
feasible to fully mitigate impacts on-site. Mitigation shall not substitute for
implementation of the project alternative that would avoid impacts to ESHA.
4.1.1-15. Apply the following mitigation ratios for allowable impacts to upland
vegetation: 2:1 for coastal sage scrub; 3:1 for coastal sage scrub that is occupied by
California gnatcatchers or significant populations of other rare species; 3:1 for rare 21.30B.060.D
community types such as southern maritime chaparral, maritime succulent scrub;
native grassland and 1:1 for southern mixed chaparral. The ratios represent the
acreage of the area to be restored/created to the acreage impacted.
4.1.1-16. For allowable impacts to ESHA and other sensitive resources, require
monitoring of mitigation measures for a period of sufficient time to determine if 21.3013.060.1-1
mitigation objectives and performance standards are being met. Mid-course
corrections shall be implemented if necessary to meet the objectives or performance
LCP Policy Implementation Guide
Page 25
33
CLUP Polices Implemented
standards. Require the submittal of monitoring reports during the monitoring period
that document the success or failure of the mitigation. To help insure that the
mitigation project is self-sustaining, final monitoring for all mitigation projects shall
take place after at least three years with no remediation or maintenance activities
other than weeding. If performance standards are not met by the end of the
prescribed monitoring period, the monitoring period shall be extended or the applicant
shall submit an amendment application proposing alternative mitigation measures and
implement the approved changes. Unless it is determined by the City that a differing
mitigation monitoring schedule is appropriate, it is generally anticipated that
monitoring shall occur for a period of not less than five years.
4.1.1-17. In conjunction with new development, require that all preserved ESHA,
buffers, and all mitigation areas, onsite and offsite, be conserved/dedicated (e.g. open
space direct dedication, offer to dedicate (OTD), conservation easement, deed 21.30B.060.J
restriction) in such a manner as to ensure that the land is conserved in perpetuity. A
management plan and funding shall be required to ensure appropriate management
of the habitat area in perpetuity.
4.1.1-18. Require all direct open space dedications or OTDs to be made to a public
agency or other appropriate entity that will manage the open space area on behalf of 21.30B.060.J
the public.
4.1.1-19. Encourage the acceptance of direct open space dedications or OTDs to the 21.30B.060.J
public by the City, a public agency, a private association, or other appropriate entity.
4.1.1-20. Give consideration to applying the Open Space land use category to lands 21.30B.060.J
with open space restrictions, dedications, or offers to dedicate.
4.1.1-21. Dedicated open space areas, or areas where there are open space offers to
dedicate, open space easements, and/or open space deed restrictions shall be 21.30B.060.J
protected consistent with the requirements of the dedication, offer to dedicate,
easement or deed restriction.
4.1.1-22. The City shall maintain an inventory of open space dedications or offers to
dedicate to ensure such areas are known to the public and are protected through the 21.30B.060.J
coastal development permit process.
4.1.2-1. Maintain, enhance, and, where feasible, restore marine resources. 21.30B.020.B.3
4.1.2-2. Provide special protection to marine resource areas and species of special 21.30B.020.B.4
biological or economic significance.
4.1.2-3. Require that uses of the marine environment be carried out in a manner that
will sustain the biological productivity of coastal waters and that will maintain healthy 21.306.020.6.2
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.
4.1.3-1. Utilize the following mitigation measures to reduce the potential for adverse
impacts to ESA natural habitats from sources including, but not limited to, those 21.3013.020.E
identified in Table 4.1.1: 21.30B.020.G
D. Strictly control encroachments into natural habitats to prevent impacts that would
significantly degrade the habitat.
E. Limit encroachments into wetlands to development that is consistent with Section 21.306.030.6
30233 of the Coastal Act and Policy 4.2.3-1 of the Coastal Land Use Plan.
N. Prohibit invasive species and require removal in new development. 21.30B.010.E.2.c
P. Require dredging and jetty reconstruction projects conducted within the Entrance
Channel to include protection measures to avoid long-term impacts to kelp bed 21.30B.030.A.4
resources.
4.1.3-2. Prohibit the planting of invasive species in non-urbanized areas. 21.30B.010.E.2.c
4.1.3-10. Remove unauthorized structures that encroach into Semeniuk Slough, the
Upper Newport Bay Marine Park, or other wetland areas. Prohibit future 21.30B.020.F.6
encroachment of structures into these areas unless structures are absolutely 21.30B.030.F
necessary for public well being. Minimize any necessary encroachment into wetland
LCP Policy Implementation Guide
Page 26
S4
CLUP Polices Implemented
habitats to the extent feasible and permanent loss of wetlands habitat shall be
mitigated.
4.1.4-1. Continue to protect eelgrass meadows for their important ecological function 21.30B.060.G.6
as a nursery and foraging habitat within the Newport Bay ecosystem.
4.1.4-2. Implement eelgrass restoration and enhancement programs in Newport 21.30B.060.G.6
Harbor.
4.1.5-1. Require the removal of exotic vegetation and the restoration of native 21.306.050.E
vegetation in dune habitat.
4.1.5-2. Direct public access away from dune habitat areas through the use of well- 21.30B.050.D
defined footpaths, boardwalks, protective fencing, signage, and similar methods.
4.1.5-3. Design and site recreation areas to avoid impacts to dune habitat areas. 21.30B.050.D
4.1.5-5. Limit earthmoving of beach sand in dune habitat areas to projects necessary 21.30B.050.0
for the protection of coastal resources and existing development.
4.2.1-1. Recognize and protect wetlands for their commercial, recreational, water 21.3013.030.13.2
quality, and habitat value.
4.2.1-2. Protect, maintain and, where feasible, restore the biological productivity and 21.306.030.6
the quality of coastal waters, streams, wetlands, estuaries, and lakes.
4.2.1-3. Channel izations, dams, or other substantial alterations of rivers and streams
shall incorporate the best mitigation measures feasible, and be limited to (1)
necessary water supply projects, (2) flood control projects where no other method for 21.306.030.E
protecting existing structures in the floodplain is feasible and where such protection is
necessary for public safety or to protect existing development, or (3) developments
where the primary function is the improvement of fish and wildlife habitat.
4.2.2-1. Define wetlands as areas where the water table is at, near, or above the land
surface long enough to bring about the formation of hydric soils or to support the
growth of hydrophytes. Such wetlands can include areas where vegetation is lacking
and soil is poorly developed or absent as a result of frequent drastic fluctuations of
surface water levels, wave action, water flow, turbidity or high concentration of salts or 21.30B.030.A.1
other substances in the substrate. Wetlands do not include areas which in normal
rainfall years are permanently submerged (streams, lakes, ponds and
impoundments), nor marine or estuarine areas below extreme low water of spring
tides.
4.2.2-2. Require a survey and analysis with the delineation of all wetland areas when
the initial site survey indicates the presence or potential for wetland species or
indicators. Wetland delineations will be conducted in accordance with the definitions 21.30B.030.0
of wetland boundaries contained in section 13577(b) of the California Code of
Regulations.
4.2.2-3. Require buffer areas around wetlands of a sufficient size to ensure the
biological integrity and preservation of the wetland that they are designed to protect.
Wetlands shall have a minimum buffer width of 100 feet wherever possible. Smaller
wetland buffers may be allowed only where it can be demonstrated that 1) a 100-foot 21.30B.030.D
wide buffer is not possible due to site-specific constraints, and 2) the proposed
narrower buffer would be amply protective of the biological integrity of the wetland
given the site-specific characteristics of the resource and of the type and intensity of
disturbance.
4.2.3-1. Permit the diking, filling, or dredging of open coastal waters, wetlands,
estuaries, and lakes in accordance with other applicable provisions of the LCP, where
there is no feasible less environmentally damaging alternative, and where feasible 21.3013.040.13
mitigation measures have been provided to minimize adverse environmental effects
and limited to the following:
A. Construction or expansion of port/marine facilities.
B. Construction or expansion of coastal-dependent industrial facilities, including 21.3013.040.13
commercial fishing facilities, and commercial ferry facilities.
LCP Policy Implementation Guide
Page 27
35
CLUP Polices Implemented
C. In open coastal waters, other than wetlands, including estuaries and streams, new
or expanded boating facilities, including slips, access ramps, piers, marinas,
recreational boating, launching ramps, and pleasure ferries, and the placement of
structural pilings for public recreational piers that provide public access and
recreational opportunities.
D. Maintenance of existing and restoration of previously dredged depths in
navigational channels, turning basins, vessel berthing, anchorage, and mooring
areas, and boat launching ramps. The most recently updated U.S. Army Corps of
Engineers maps shall be used to establish existing Newport Bay depths.
E. Incidental public service purposes which temporarily impact the resources of the
area, such as burying cables and pipes, inspection of piers, and maintenance of
existing intake and outfall lines.
F. Sand extraction for restoring beaches, except in environmentally sensitive areas.
G. Restoration purposes.
H. Nature study, aquaculture, or similar resource-dependent activities.
I. In the Upper Newport Bay Marine Park, permit dredging, diking, or filling only for the
purposes of wetland restoration, nature study, or to enhance the habitat values of
environmentally sensitive areas.
4.2.3-2. Continue to permit recreational docks and piers as an allowable use within 21.30B.040.B.3
intertidal areas in Newport Harbor.
4.2.3-4. Require dredging and dredged material disposal to be planned and carried 21.30B.060.G
out to avoid significant disruption to marine and wildlife habitats and water circulation.
4.2.3-6. Secure permanent use designation for the LA-3 sediment disposal site for 21.30B.060.G
future dredging projects.
4.2.3-7. Require the following mitigation measures for dredging projects in the Upper
Newport Bay Marine Park:
A. Dredging and spoils disposal must be planned and carried out to limit turbidity and
to avoid significant disruption to marine and wildlife habitats and water circulation.
B. Maintenance dredging shall be encouraged where the dredging enhances
commercial or recreational use of the Bay. When dredged material is of an
appropriate grain size and grain percentage, this material may be used to restore or
replace natural sandy sloping beaches in order to retain the current profiles of
Newport Bay. Maintenance dredging activity shall have the approval of the U.S. Army
Corps of Engineers and shall meet applicable U.S. Environmental Protection Agency
standards. 21.30B.040.D
C. Dredged material not suitable for beach nourishment or other permitted beneficial 21.30B.060.G
reuse shall be disposed of offshore at a designated U.S. Environmental Protection
Agency disposal site or at an appropriate upland location.
D. Temporary dewatering of dredged spoils may be authorized within the Bay's
drainage if adequate erosion controls are provided and the spoils are removed. A
bond or a contractual arrangement shall be a precondition to dredging of the material,
and final disposal of the dewatered material on the approved dump site shall be
accomplished within the time period specified in the permit.
E. Dredged spoils shall not be used to fill riparian areas, wetlands, or natural canyons.
F. Other mitigation measures may include opening areas to tidal action, removing
dikes, improving tidal flushing, restoring salt marsh or eelgrass vegetation, or other
restoration measures.
G. Dredge spoils suitable for beach nourishment should be transported for such 21.30B.040.D
purposes to appropriate beaches or into suitable longshore current systems provided 21.30B.060.G
that the placement is permitted by a Section 404 permit.
4.2.3-11. Require the following minimum mitigation measures if a project involves 21.30B.060
diking or filling of a wetland:
LCP Policy Implementation Guide
Page 28
so
CLUP Polices Implemented
A. If an appropriate mitigation site is available, the applicant shall submit a detailed
plan which includes provisions for (1) acquiring title to the mitigation site; (2) —in-
kindll wetland restoration or creation where possible; (3) where —out-of-kindll
mitigation is necessary, restoration or creation of wetlands that are of equal or greater
biological productivity to the wetland that was filled or dredged; and (4) dedication of
the restored or created wetland and buffer to a public agency, or permanent
restriction of their use to open space purposes. Adverse impacts shall be mitigated at
a ratio of 3:1 for impacts to seasonal wetlands, freshwater marsh and riparian areas,
and at a ratio of 4:1 for impacts to vernal pools and saltmarsh (the ratio representing
the acreage of the area to be restored/created to the acreage of the area diked or
filled), unless the applicant provides evidence establishing, and the approving
authority finds, that restoration or creation of a lesser area of wetlands will fully
mitigate the adverse impacts of the dike or fill project. However, in no event shall the
mitigation ratio be less than 2:1 unless, prior to the development impacts, the
mitigation is completed and is empirically demonstrated to meet performance criteria
that establish that the created or restored wetlands are functionally equivalent or
superior to the impacted wetlands. The mitigation shall occur on-site wherever
possible. Where not possible, mitigation should occur in the same watershed. The
mitigation site shall be purchased and legally restricted and/or dedicated before the
dike or fill development may proceed.
B. The applicant may, in some cases, be permitted to open equivalent areas to tidal
action or provide other sources of surface water in place of creating or restoring
wetlands pursuant to paragraph A. This method of mitigation would be appropriate if
the applicant already owns, or can acquire, filled or diked areas which themselves are
not environmentally sensitive habitat areas but which would become so if such areas
were opened to tidal action or provided with other sources of surface water.
C. However, if no appropriate sites under options (A) and (B) are available, the
applicant shall pay an in-lieu fee of sufficient value to an appropriate public agency for
the purchase and restoration of an area of equivalent productive value, or equivalent
surface area.
This third option would be allowed only if the applicant is unable to find a willing seller
of a potential restoration site. The public agency may also face difficulties in acquiring
appropriate sites even though it has the ability to condemn property. Thus, the in-lieu
fee shall reflect the additional costs of acquisition, including litigation, as well as the
cost of restoration. If the public agency's restoration project is not already approved
by the City, the public agency may need to be a co-applicant for a permit to provide
adequate assurance that conditions can be imposed to assure that the purchase of
the mitigation site shall occur prior to issuance of the permit. In addition, such
restoration must occur in the same general region (e.g., within the same estuary)
where the fill occurred.
4.2.3-12. All preferred restoration programs would remove fill from a formerly
productive wetland or estuary that is now biologically unproductive dry land and would
establish a tidal prism necessary to assure adequate flushing. Since restoration
projects necessarily involve many uncertainties, restoration should precede the diking 21.3013.060
or filling project. At a minimum, permits will be conditioned to assure that restoration
will occur simultaneously with project construction. Restoration and management
plans shall be submitted with the permit application.
4.2.3-13. Where impacts to wetlands are allowed, require monitoring of mitigation
measures for a period of sufficient time to determine if mitigation objectives and
performance standards are being met. Mid-course corrections shall be implemented if 21.306.060
necessary to meet the objectives or performance standards. Require the submittal of
monitoring reports during the monitoring period that document the success or failure
of the mitigation. To help insure that the mitigation project is self-sustaining, final
LCP Policy Implementation Guide
Page 29
37
CLUP Polices Implemented
monitoring for all mitigation projects shall take place after at least three years with no
remediation or maintenance activities other than weeding. If performance standards
are not met by the end of the prescribed monitoring period, the monitoring period shall
be extended or the applicant shall submit an amendment application proposing
alternative mitigation measures and implement the approved changes. Unless it is
determined by the City that a differing mitigation monitoring schedule is appropriate, it
is generally anticipated that monitoring shall occur for a period of not less than five
ears.
4.2.3-14. Require that any project that includes diking, filling or dredging of a wetland
or estuary, as permitted pursuant to Policy 4.2.3-1, maintain the functional capacity of
the wetland or estuary. Functional capacity means the ability of the wetland or estuary
to be self-sustaining and to maintain natural species diversity. In order to establish
that the functional capacity is being maintained, the applicant must demonstrate all of
the following:
A. That the project does not alter presently occurring plant and animal populations in
the ecosystem in a manner that would impair the long-term stability of the ecosystem;
i.e., natural species diversity, abundance, and composition are essentially unchanged 21.30B.040.A
as a result of the project.
B. That the project does not harm or destroy a species or habitat that is rare or
endangered.
C. That the project does not harm a species or habitat that is essential to the natural
biological functioning of the wetland or estuary.
D. That the project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or non-consumptive (e.g., water quality and research
opportunity) values of the wetland or estuarine ecosystem.
4.2.3-18. Require restoration plans to be reviewed and approved by a qualified 21.306.060.E
professional prior to accepting sites for mitigation.
4.2.4-3. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse effects 21.30B.040.D
on the environment.
4.2.4-5. Material removed from erosion control and flood control facilities suitable for
beach replenishment should be transported for such purposes to appropriate beaches 21.30B.040.D
or into suitable long shore current systems.
Chapter 21.30C — Harbor and Bay Regulations
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
3.1.4-1. Continue to regulate the construction of bay and harbor structures within 21.30C.050
established Bulkhead Lines, Pierhead Lines, and Project Lines.
3.1.4-2. When applicable, continue to require evidence of approval from the County of
Orange, Coastal Commission, U.S. Army Corps of Engineers, and other resource 21.30C.060.13
management agencies, prior to issuing permits.
3.1.4-3. Design and site piers, including remodels of and additions to existing piers so
as not to obstruct public lateral access and to minimize impacts to coastal views and 21.30C.050.A
coastal resources.
3.1.4-4. In residential areas, limit structures bayward of the bulkhead line to piers and
floats. Limit appurtenances and storage areas to those related to vessel launching and 21.30C.050.F.1
berthing.
3.1.4-5. Encourage the joint ownership of piers at the prolongation of common lot lines 21.30C.050.F.4
as a means of reducing the number of piers along the shoreline.
3.1.4-6. Continue to prohibit private piers at street ends. 21.30C.050.F.2
3.1.4-7. Design and site bulkheads to protect the character of the existing shoreline 21.30C.050.G
LCP Policy Implementation Guide
Page 30
S2
CLUP Polices Implemented
profiles and avoid encroachment onto public tidelands.
3.1.4-8. Limit bulkhead expansion or encroachment into coastal waters to the minimum
extent necessary to repair, maintain, or replace an existing bulkhead and do not allow 21.30C.050.G.3
the backfill to create new usable residential land areas.
3.3.1-1. Protect, and where feasible, expand and enhance vessel launching facilities in 21.30C.030.13
Newport Harbor.
3.3.1-2. Protect, and where feasible, expand and enhance low-cost public launching
facilities, such as trailer launch ramps, boat hoists, commercial landing facilities, and 21.30C.030.B
organized recreational boating launch facilities.
3.3.2-1. Provide a variety of berthing opportunities reflecting State and regional 21.30C.030.B
demand for slip size and affordability throughout Newport Harbor.
3.3.2-2. Protect, and where feasible, enhance and expand marinas and dry boat 21.30C.030.13
storage facilities.
3.3.2-3. Continue to provide shore moorings and offshore moorings as an important 21.30C.030.13
source of low-cost public access to the water and harbor.
3.3.2-4. Provide anchorages in designated areas, which minimize interference with 21.30C.040.A
navigation and where shore access and support facilities are available.
3.3.2-5. Continue to enforce the ordinances that require moored and docked vessels to
be seaworthy and navigable and thereby preserve the positive image of the harbor and 21.30C.040.B
promote public use of the water.
3.3.2-6. Protect, and where feasible, enhance and expand guest docks at public
facilities, yacht clubs and at privately owned marinas, restaurants and other appropriate 21.30C.030.B
locations.
3.3.2-7. Protect, and where feasible, expand and enhance facilities and services for
visiting vessels, including public mooring and docking facilities, dinghy docks, guest 21.30C.030.B
docks, club guest docks, pump-out stations and other features, through City, County,
and private means.
3.3.3-1. Protect, and where feasible, expand and enhance facilities necessary to 21.30C.030.13
support vessels berthed or moored in the harbor, such as boat haul out facilities.
3.3.3-2. Protect, and where feasible, expand and enhance existing harbor support uses
serving the needs of existing waterfront uses, recreational boaters, the boating 21.30C.030.B
community, and visiting vessels.
3.3.3-3. In considering the essential nature of land uses that support the harbor,
consider whether or not such support uses can be relocated to inland locations and/or 21.30C.030.B
if technological advances will eliminate the need such support uses in the foreseeable
future.
3.3.3-4. Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not provided by 21.30C.030.B
the public sector and that are essential to the operation of a working harbor.
3.3.3-5. Develop strategies to preserve uses that provide essential support for the 21.30C.030.B
vessels berthed or moored in the Harbor.
4.1.2-5. Continue to require Caulerpa protocol surveys as a condition of City approval 21.30C.060.D.2
of projects in the Newport Bay and immediately notify the SCCAT when found.
4.1.3-1. Utilize the following mitigation measures to reduce the potential for adverse
impacts to ESA natural habitats from sources including, but not limited to, those
identified in Table 4.1.1: 21.30C.020.F
A. Require removal of unauthorized bulkheads, docks and patios or other structures 21.30C.060.D.2
that impact wetlands or other sensitive habitat areas.
Q. Continue to require Caulerpa protocol surveys as a condition of City approval for
projects in Newport Bay and immediately notify the SCCAT when found.
4.1.4-3. Site and design boardwalks, docks, piers, and other structures that extend 21.30C.050.D
over the water to avoid impacts to eelgrass meadows. Encourage the use of materials
LCP Policy Implementation Guide
Page 31
39
CLUP Polices Implemented
that allow sunlight penetration and the growth of eelgrass.
4.1.4-5. Where applicable require eelgrass and Caulerpa taxifolia surveys to be
conducted as a condition of City approval for projects in Newport Bay in accordance 21.30C.060.D.2
with operative protocols of the Southern California Eelgrass Mitigation Policy and 21.30C.070.B.2
Caulerpa taxifolia Survey protocols.
4.2.3-7. Require the following mitigation measures for dredging projects in the Upper
Newport Bay Marine Park:
A. Dredging and spoils disposal must be planned and carried out to limit turbidity and to
avoid significant disruption to marine and wildlife habitats and water circulation.
B. Maintenance dredging shall be encouraged where the dredging enhances
commercial or recreational use of the Bay. When dredged material is of an appropriate
grain size and grain percentage, this material may be used to restore or replace natural
sandy sloping beaches in order to retain the current profiles of Newport Bay.
Maintenance dredging activity shall have the approval of the U.S. Army Corps of
Engineers and shall meet applicable U.S. Environmental Protection Agency standards.
C. Dredged material not suitable for beach nourishment or other permitted beneficial 21.30C.070.0
reuse shall be disposed of offshore at a designated U.S. Environmental Protection
Agency disposal site or at an appropriate upland location.
D. Temporary dewatering of dredged spoils may be authorized within the Bay's
drainage if adequate erosion controls are provided and the spoils are removed. A bond
or a contractual arrangement shall be a precondition to dredging of the material, and
final disposal of the dewatered material on the approved dump site shall be
accomplished within the time period specified in the permit.
E. Dredged spoils shall not be used to fill riparian areas, wetlands, or natural canyons.
F. Other mitigation measures may include opening areas to tidal action, removing
dikes, improving tidal flushing, restoring salt marsh or eelgrass vegetation, or other
restoration measures.
G. Dredge spoils suitable for beach nourishment should be transported for such
purposes to appropriate beaches or into suitable longshore current systems provided 21.30C.070.0
that the placement is permitted by a Section 404 permit.
4.2.3-10. Seek permits authorizing maintenance dredging under and around residential
piers and floats subject to compliance with all conditions to the current Regional 21.30C.070.B
General Permit, including grain size requirements, availability of suitable dredge
disposal site, and periodic bioassays.
4.2.3-15. Require new development on the waterfront to design and site docking 21.30C.050.E
facilities in relationship to the water's depth and accessibility.
4.2.3-16. Design and site all structures permitted to encroach into open coastal waters,
wetlands, and estuaries to harmonize with the natural appearance of the surrounding 21.30C.050.0
area.
4.2.3-17. Continue to limit residential and commercial structures permitted to encroach
beyond the bulkhead line to piers and docks used exclusively for berthing of vessels.
However, this policy shall not be construed to allow development that requires the 21.30C.050.1
filling of open coastal waters, wetlands or estuaries that would require mitigation for the
loss of valuable habitat in order to place structures closer to the bulkhead line or create
usable land areas.
4.2.4-3. Dredged materials suitable for beneficial reuse shall be transported for such
purposes to appropriate areas and placed in a manner that minimizes adverse effects 21.30C.070.C.3
on the environment.
4.2.5-1. Avoid impacts to eelgrass (Zostera marina) to the greatest extent possible. 21.30C.050.D
Mitigate losses of eelgrass at a 1.2 to 1 mitigation ratio and in accordance with the 21.30C.060.D.2
Southern California Eelgrass Mitigation Policy. Encourage the restoration of eelgrass 21.30C.070.B.2
throughout Newport Harbor where feasible.
LCP Policy Implementation Guide
Page 32
40
Chapter 21.34 — Conversion or Demolition of Affordable Housing
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.7-2. Continue the administration of provisions of State law relative to the demolition,
conversion and construction of low and moderate-income dwelling units within the Chapter 21.34
coastal zone. Chapter 21.34
Chapter 21.38 — Nonconforming Uses and Structures
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.2.5-1. Legal nonconforming structures shall be brought into conformity in an equitable,
reasonable, and timely manner as rebuilding occurs. Limited renovations that improve
the physical quality and character of the buildings may be allowed. Rebuilding after Chapter 21.38
catastrophic damage or destruction due to a natural event, an act of public enemy, or
accident may be allowed in limited circumstances that do not conflict with other policies
and of the Coastal Land Use Plan.
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 perpetuate or establish a physical
impediment to public access to coastal resources, nor adversely impact coastal views or Section
biological resources. Where such development cannot meet current parking standards, 21.38.040.1
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 ridesharing, carpools, vanpools, public
transit, bicycling or walking to the extent feasible.
2.2.5-3. When proposed development would involve demolition or replacement of 50
percent or more of the exterior walls of an existing structure that is legally non- Section
conforming due to a coastal resource protection standard, the entire structure must be 21.38.040.H
made to conform with all current development standards and applicable policies of the
Coastal Land Use Plan.
2.2.5-4. The enlargement or intensification of legally established nonconforming uses
shall be limited to only those uses normally permitted by right or by the approval of a
use permit, but which were made nonconforming by additional regulations of the district Section
in which they are located. Such enlargement or intensification shall be subject to 21.38.050
discretionary review and approval by the City and shall not increase the degree of the
use's nonconformity.
2.9.3-8. Continue to require properties with nonconforming parking to provide code- Section
required off-street parking when new uses, alterations or additions result in increased 21.38.060
parking demand.
2.9.3-9. Approve no application for a modification or waiver of off-street parking Section
requirements that are found to impact public parking available for coastal access. 21.38.110.E
Chapter 21.40 — Off-Street Parking
LCP Policy Implementation Guide
Page 33
4-1
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.9.2-6. Require new non-residential developments with floor areas of 10,000 square
feet or more to provide bicycle racks for use by customers. Encourage smaller non- 21.40.045
residential developments to provide such facilities, when feasible.
2.9.3-1. Site and design new development to avoid use of parking configurations or 21.40.070.0
parking management programs that are difficult to maintain and enforce.
2.9.3-2. Continue to require new development to provide off-street parking sufficient to 21.40.040
serve the approved use in order to minimize impacts to public on-street and off-street 21.40.050
parking available for coastal access. 21.40.060
2.9.3-5. Continue to require off-street parking in new development to have adequate 21.40.070.A
dimensions, clearances, and access to insure their use.
2.9.3-10. Require new development to minimize curb cuts to protect on-street parking 21.40.070.0
spaces. Close curb cuts to create new public parking wherever feasible.
2.9.3-11. Continue to require alley access to parking areas for all new development in
areas where alley access exists.
• 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; 21.40.070.13
• Reduces traffic congestion;
• Limits adverse parking impacts on usergroups;
• Provides improved parking information and signage;
• Generates reasonable revenues to cover City costs;
• Accommodates public transit and alternative modes of transportation.
2.9.3-15. Set in-lieu parking fees commensurate with actual market value for the 21.40.130
provision of off-street parking.
3.1.6-1. Prohibit the establishment of new preferential parking districts in the coastal
zone except where such restrictions would not have a direct impact to coastal access, 21.40.145.0
including the ability to use public parking.
3.1.6-2. Require a coastal development permit to establish new, or modify existing, 21.40.145.6
preferential parking districts.
3.1.6-3. Use preferential parking permit fees to fund programs to mitigate impacts to 21.40.145.D.3
coastal access.
3.1.6-4. Where appropriate, establish a graduated preferential parking permit fee
schedule where progressively higher fees are required for each permit for households 21.40.145.D.2
with multiple permits.
3.1.6-5. Limit the number of preferential parking permits issued per household to reduce 21.40.145.D.1
potential adverse impacts to public access.
Chapter 21.44 — Transportation and Circulation
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.1.4-5. Development shall be designed and planned to achieve high levels of 21.44.020
architectural quality and compatibility among on-site and off-site uses. Adequate 21.44.035
pedestrian, non-automobile and vehicular circulation and parking shall be provided.
2.9.1-1. Continue to implement the Transportation Demand Management Ordinance. 21.44.035
2.9.1-2. Continue to require new development to dedicate transit facilities, such as bus 21.44.035.B.7
turnouts, benches, shelters and similar facilities, where appropriate.
2.9.1-3. Locate and design larger commercial and residential developments to be 21.44.035
LCP Policy Implementation Guide
Page 34
4
CLUP Polices Implemented
served by transit and provide non-automobile circulation to serve new development to
the greatest extent possible.
2.9.1-8. Employment, retail, and entertainment districts and coastal recreational areas
should be well served by public transit and easily accessible to pedestrians and
bicyclists. Streets, sidewalks, bicycle paths, and recreational trails (including the Coastal 21.44.025
Trail) should be designed and regulated to encourage walking, bicycling, and transit
ridership.
2.9.1-9. The City shall encourage employers to provide incentives for transit ridership
(e.g. subsidies for transit use, shuttles to transit stations), ridesharing, vanpools, and 21.44.035
other transportation demand measures designed to reduce vehicle miles traveled.
2.9.1-10. Encourage new developments to design projects to facilitate transit ridership
and ridesharing through such means as locating and designing building entries that are 21.44.035
convenient to pedestrians and transit riders.
2.9.2-1. Maintain, expand, and encourage the use of bikeways and trails as alternative 21.44.025
circulation routes.
2.9.2-7. Require new non-residential developments with a total for 100 or more
employees to provide bicycle racks, lockers, and showers for use by employees and 21.44.035.B.2
tenants who commute by bicycle. Encourage smaller non-residential developments to
provide such facilities, when feasible.
3.1.5-2. Prohibit new private streets, or the conversion of public streets to private
streets, where such a conversion would inhibit public access to and along the shoreline
and to beaches, coastal parks, trails, or coastal bluffs.
1. Held between the Memorial Day weekend and Labor Day;
2. Occupy any portion of a public sandy beach area; and 21.44.045.D.1
3. Involve a charge for general public admission where no fee is currently charged for
use of the same area.
A coastal development permit shall also be required for temporary events that do not
meet all of these criteria, but have the potential to result in significant adverse impacts to
public access, recreation and/or coastal resources.
3.1.8-1. Pursuant to the Section 21101 of the Vehicle Code, the City may adopt rules
and regulations regarding the temporary closing of portions of any street for 21.44.055.A
celebrations, parades, local special events, and other purposes when necessary for
public safety.
3.1.8-2. The City may temporarily close certain streets in West Newport for a period of
no more than twenty-four hours during the Independence Day holiday when, in the
opinion of the Police Chief or his designee, the closure is necessary to protect the public 21.44.055.13
safety. In no event shall any street closure prevent or interfere with the public's access
to the beach or bay.
Chapter 21.48 — Standards for Specific Land Uses
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.3.1-13. Any proposal to demolish existing overnight accommodations shall be required
to demonstrate that rehabilitation of the units is not feasible. Any hotel/motel rooms for
which a certificate of occupancy has been issued on or before the effective date of 21.48.025
adoption of Coastal Land Use Plan Amendment No. 2007-001 (NPB-MAJ-1-07) shall
not be permitted to convert to a Limited Use Overnight Visitor Accommodation, except
as provided in Policy 2.3.3-7.
2.3.2-1. Continue to use public beaches for public recreational uses and prohibit uses 21.48.055
on beaches that interfere with public access and enjoyment of coastal resources.
2.3.2-4. Continue to administer the use of tidelands and submerged lands in a manner 21.48.085
consistent with the tidelands trust.
LCP Policy Implementation Guide
Page 35
43
CLUP Polices Implemented
2.3.3-1. Lower-cost visitor and recreational facilities, including campgrounds,
recreational vehicle parks, hostels, and lower-cost hotels and motels, shall be protected,
encouraged and, where feasible, provided. Developments providing public recreational
opportunities are preferred. New development that eliminates existing lower-cost
accommodations or provides high-cost overnight visitor accommodations or limited use
overnight visitor accommodations such as timeshares, fractional ownership and 21.48.025
condominium-hotels shall provide lower-cost overnight visitor accommodations
commensurate with the impact of the development on lower-cost overnight visitor
accommodations in Newport Beach or pay an "in-lieu"fee to the City in an amount to be
determined in accordance with law that shall be used by the City to provide lower-cost
overnight visitor accommodations.
2.3.3-2. Encourage new overnight visitor accommodation developments to provide a
range of rooms and room prices in order to serve all income ranges. Consistent with
Section 30213 of the Coastal Act, the City shall in no event (1) require that overnight
room rental be fixed at an amount certain for any privately owned and operated hotel, 21.48.025
motel, or other similar visitor-serving facility located on either public or private land; nor
(2) establish or approve any method for the identification of low or moderate income
persons for the purpose of determining eligibility for overnight room rentals in any such
facilities.
2.3.3-4. Encourage visitor-serving and recreational developments that provide public 21.48.025
recreational opportunities.
2.3.3-5. Continue to provide and protect public beaches and parks as a means of 21.48.055
providing free and lower-cost recreational opportunities.
2.3.3-7. Permit limited-use overnight visitor accommodations on the hotel resort
property located at 1107 Jamboree Road where such accommodations are provided
together with traditional overnight, hotel visitor accommodations and which shall be
subject to specific restrictions, including on: quantity (no less than 391 units shall be
traditional hotel units available for transient overnight use by the general public year
round and no more than 88 of the total 479 units planned may be limited-use overnight 21.48.025
visitor accommodations), duration of owner use of such facilities (maximum use of 90
days per calendar year with a maximum of 29 days of use during any 60 day period),
management of the units as part of the hotel facility and allowance for transient
overnight use by the general public when not owner occupied; all of which shall be
further defined in the implementing regulations for this land use plan (when such
regulations are certified) and through the coastal development permit process.
2.3.3-8. A method to define whether a facility providing overnight accommodations is
low, moderate, or high cost for the City of Newport Beach coastal zone shall be 21.48.025
developed in the implementing regulations for this land use plan (when such regulations
are certified) and through the coastal development permit process.
2.4.1-1. Give priority to coastal-dependent uses over other uses on or near the 21.48.035.A
shoreline. 21.48.045.A
2.4.1-2. When appropriate, accommodate coastal-related developments within 21.48.035.A
reasonable proximity to the coastal-dependent uses they support.
2.5.2-1. Administer the use of tidelands and submerged lands in a manner consistent
with the tidelands trust and all applicable laws, including Chapter 70 of the Statutes of
1927, the Beacon Bay Bill (Chapter 74, Statutes of 1978), SB 573 (Chapter 317, 21.48.085
Statutes of 1997), AB 3139 (Chapter 728, Statutes of 1994), and Chapter 715, Statutes
of 1984 and the Coastal Act.
2.5.2-2. Promote the public's right of access to the ocean, beach, and bay and to the
provision of coastal-dependent uses adjacent to the water in the leasing or re-leasing of 21.48.085.D
publicly owned land.
2.5.2-3. Evaluate and ensure the consistency of the proposed use with the public trust 21.48.085.D
restrictions and the public interest at the time any tideland lease is re-negotiated or
LCP Policy Implementation Guide
Page 36
44
CLUP Polices Implemented
renewed.
2.5.2-4. Negotiate or renegotiate tidelands leases at the fair market value based on the 21.48.085.D
uses authorized in the lease and use the funds as required by law or the public trust.
2.5.2-5. Require public access in a manner consistent with the policies of the Coastal
Act and this LCP when the City issues new leases of public land, or renew existing 21.48.085.D
leases. This requirement shall be understood to apply to all other public leaseholds in
the coastal zone, including beaches leased to the Lido Isle Association.
2.6-5. Where feasible, locate new hazardous industrial development away from existing 21.48.045
developed areas.
2.6-6. Encourage coastal-dependent industrial facilities to locate or expand within
existing sites and permit reasonable long-term growth where consistent with the Coastal 21.48.045
Land Use Plan.
2.8.2-8. Require overnight visitor-serving facilities in susceptible areas to provide 21.48.025.E
tsunami information and evacuation plans.
4.4.1-11. Restrict development on sandy beach areas to those structures directly
supportive of visitor-serving and recreational uses, such as lifeguard towers, 21.48.055
recreational equipment, restrooms, and showers. Design and site such structures to
minimize impacts to public coastal views.
4.5.2-3. Continue to allow the Dory Fishing Fleet to be launched and stored and to sell
fish on the public beach adjacent to Newport Pier within reasonable limits to protect the 21.48.055.D
historical character of the fleet, the coastal access and resources, and the safety of
beach users in the vicinity.
Chapter 21.50 — Permit Application Filing and Processing
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
4.6-1. Review all new development subject to California Environmental Quality Act
(CEQA) and coastal development permit requirements in accordance with the 21.50.070
principles, objectives, and criteria contained in CEQA, the State CEQA Guidelines, the
Local Coastal Program, and any environmental review guidelines adopted by the City.
4.6-2. Integrate CEQA procedures into the review procedures for new development 21.50.070
within the coastal zone.
4.6-3. Require a qualified City staff member, advisory committee designated by the City,
or consultant approved by and under the supervision of the City, to review all
environmental review documents submitted as part of an application for new 21.50.070
development and provide recommendations to the appropriate decision-making official
or body.
4.6-4. Require the City staff member(s) and/or contracted employee(s) responsible for
reviewing site specific surveys and analyses to have technical expertise in biological
resources, as appropriate for the resource issues of concern (e.g. marine/coastal, 21.50.070
wetland/riparian protection and restoration, upland habitats and connectivity) and be
knowledgeable about the City of Newport Beach.
4.6-5. Where development is proposed within or adjacent to ESHA, wetlands or other
sensitive resources, require the City staff member(s) and/or contracted employee(s) to
consider the individual and cumulative impacts of the development, define the least 21.50.070
environmentally damaging alternative, and recommend modifications or mitigation
measures to avoid or minimize impacts. The City may impose a fee on applicants to
recover the cost of review of a proposed project when required by this policy.
4.6-6. Where development is proposed within or adjacent to ESHA, wetlands or other 21.50.070
sensitive resources, require the City staff member(s) and/or contracted employee(s) to
LCP Policy Implementation Guide
Page 37
4
CLUP Polices Implemented
include the following in any recommendations of approval: an identification of the
preferred project alternative, required modifications, or mitigation measures necessary
to ensure conformance with the Coastal Land Use Plan. The decision making body
(Planning Director, Planning Commission, or City Council) shall make findings relative to
the project's conformance to the recommendations of the City staff member(s) and/or
contracted employee(s).
4.6-7. Require City staff member(s) and/or contracted employee(s) to make a
recommendation to the decision making body as to whether an area constitutes an 21.50.070
ESHA, and if recommended as an ESHA, then establish the boundaries thereof and
appropriate buffers.
Chapter 21.52 — Coastal Development Permit Procedures
CLUP Polices Implemented
Coastal Land Use Plan Policy Section
2.2.2-1. After certification of the LCP, require a coastal development permit for all
development within the coastal zone, subject to exceptions provided for under the Chapter 21.52
Coastal Act as specified in the LCP.
2.2.2-2. Incorporate coastal development permit procedures into the implementation
plan to ensure that all public and private development in the coastal zone is consistent Chapter 21.52
with the LCP.
2.2.2-3. Prior to approval of any coastal development permit, the City shall make the
finding that the development conforms to the policies and requirements contained in the 21.52.015.E
Coastal Land Use Plan.
2.2.3-1. Pursuant to Section 30610 (e) of the Coastal Act, request a categorical
exclusion for the residential areas: Balboa Island, the Balboa Peninsula, Cameo
Highlands, Cameo Shores, Corona del Mar, Corona Highlands, Irvine Terrace, Lido 21.52.045
Island, Newport Center, Newport Heights, Newport Shores, Shorecliffs, Upper Newport
Bay, and West Newport.
2.2.3-2. Pursuant to Section 30610 (e) of the Coastal Act, request a categorical
exclusion for the portion of the Corona del Mar commercial area located in the coastal 21.52.045
zone, which consists of all commercial properties on the south side of Coast Highway (Option 2)
between Avocado Street(including the southwest corner and Hazel Drive.
2.2.3-3. Incorporate the terms and conditions of categorical exclusions into the 21.52.045
implementation plan.
2.2.4-3. The Coastal Commission shall retain permit jurisdiction in all deferred 21.52.035.6
certification areas.
3.1.7-1. Continue to require special event permits for temporary events and continue to
require applications to provide details on event characteristics, including duration
(including set up/assembly and break down/dismantle start and completion times), event 21.52.035.D
hours, per day estimated attendance, parking arrangements, traffic control, noise
control, waste removal, insurance, equipment to be used, food service, entertainment,
sponsorships, and advertising and marketing plans.
3.1.7-2. Condition special event permits for temporary uses in the coastal zone to 21.52.035.D
minimize impacts to public access, recreation and coastal resources.
3.1.7-3. Continue to limit the number and frequency of temporary events in the coastal 21.52.035.D
zone held from the Memorial Day weekend to Labor Day.
3.1.7-4. Require a coastal development permit for temporary events held in the coastal
zone that meet all of the following criteria: 21.52.035.D
1. Held between the Memorial Day weekend and Labor Day;
2. Occupy any portion of a public sandy beach area; and
LCP Policy Implementation Guide
Page 38
40
CLUP Polices Implemented
3. Involve a charge for general public admission where no fee is currently charged for
use of the same area.
A coastal development permit shall also be required for temporary events that do not
meet all of these criteria, but have the potential to result in significant adverse impacts to
public access, recreation and/or coastal resources.
4.1.3-11. Routine maintenance of drainage courses and facilities, sedimentation basins,
trails, access roads, public infrastructure, and other related facilities may be allowed if 21.52.035.E
carried out in accordance with the resource protection policies of the Coastal Land Use
Plan.
4.1.5-4. Require a coastal development permit for earthmoving beach sand in dune 21.52.035.E
habitat areas.
Chapter 21.54 — Permit Implementation, Time Limits, and Extensions
Chapter 21.62 — Public Hearings
Chapter 21.66 — Amendments
Chapter 21.66 — Amendments
Chapter 21.70 — Definitions
Administrative chapters, no specific CLUP policies implemented.
Chapter 21.90 — Santa Ana Heights Specific Plan
No specific CLUP policies implemented.
Appendix — Oceanfront Encroachment Policy
CLUP Polices Implemented
Coastal Land Use Plan Policy
3.1.3-2. Continue to restrict the nature and extent of improvements that may be installed over public
rights of way on the oceanside of beachfront residences and to preserve the City's right to utilize
oceanfront street easements for public projects.
3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones:
A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear (ocean facing) property
line within the oceanward prolongation of the side property lines.
B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear (ocean facing) property line
within the oceanward prolongation of the side property lines.
C. 36th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the inland
edge of the Oceanfront Boardwalk (7 to 8 feet oceanward of the rear property line) and within an
oceanward prolongation of the side property lines.
D. E Street to Channel Road. No encroachments are permitted from a point 250 feet southeast of E
Street to Channel Road, with the exception of landscaping trees existing prior to October 22, 1991 and
roundcover.
3.1.3-4. Limit encroachments within encroachment zones as follows:
LCP Policy Implementation Guide
Page 39
47
CLUP Polices Implemented
A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building
permit.
B. Prohibit pressurized irrigation lines and valves.
C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping.
D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources.
E. Require landscaping to be designed and maintained to avoid impacts to public access and views.
F. Restrict landscaping in dune habitat areas to native vegetation.
3.1.3-5. Require annual renewal of encroachment permits and a fee.
3.1.3-6. Require encroachment permits to specify that the property owner waives and gives up any right
to contest the validity of the oceanfront street easement, and that the encroachment permit is revocable,
without cause, if the City proposes to construct public improvements within that zone.
3.1.3-7. Require encroachment permits to specify that the construction of any seawall, revetment or other
erosion control devices, if necessary, shall occur within, or as close as feasible to, private property.
3.1.3-8. Incorporate into the implementation plan regulations specifying the types of improvements
permitted within encroachment zones, a prohibition on improvements that could impair or restrict public
access or views, procedures for the encroachment permit applications, City administration of the policy,
and other appropriate provisions.
3.1.3-9. As mitigation for any impact on beach access resulting from the encroachments:
A. Maintain 33 street ends between 36th Street and Summit to provide an average of 2 parking spaces
per street, and additional spaces where feasible.
B. Meter West Newport street end parking spaces in the same manner as the West Newport Park in order
to encourage public use of the spaces.
C. Maintain 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 and at least one other handicapped parking space at one other West Newport street end.
D. Require a minimum of 85 percent of the fees generated by encroachments 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.
Appendix B — Coastal Access Signing Program
CLUP Polices Implemented
Coastal Land Use Plan Policy
2.9.2-3. Develop and implement a uniform signing program to assist the public in locating, recognizing,
and utilizing public bikeways and trails.
3.1.1-3. Develop and implement a uniform coastal access signing program to assist the public in locating,
recognizing, and utilizing public access trails. Where appropriate, include information advising the public
of environmentally sensitive habitats, safety hazards, and to respect adjacent private property.
3.1.1-3. Develop and implement a uniform coastal access signing program to assist the public in locating,
recognizing, and utilizing public access trails. Where appropriate, include information advising the public
of environmentally sensitive habitats, safety hazards, and to respect adjacent private property.
3.2.2-6. As part of a uniform coastal access signing program, provide information to direct the public to
parking areas, restrooms, and other support facilities.
3.3.1-3. Develop and implement a signage program to assist boat owners/operators and the public to
locate public launching facilities.
3.3.3-6. Develop and implement a signing program to assist owners/operators of visiting vessels to locate
harbor support facilities.
LCP Policy Implementation Guide
Page 40
4g
Appendix C — Eelgrass Mitigation Plan
CLUP Polices Implemented
Coastal Land Use Plan Policy
4.1.4-1. Continue to protect eelgrass meadows for their important ecological function as a nursery and
foraging habitat within the Newport Bay ecosystem.
4.1.4-2. Implement eelgrass restoration and enhancement programs in Newport Harbor.
4.1.4-3. Site and design boardwalks, docks, piers, and other structures that extend over the water to
avoid impacts to eelgrass meadows. Encourage the use of materials that allow sunlight penetration and
the growth of eelgrass.
4.1.4-4. Provide for the protection of eelgrass meadows and mitigation of impacts to eelgrass meadows in
a comprehensive harbor area management plan for Newport Bay.
4.2.3-7. Require the following mitigation measures for dredging projects in the Upper Newport Bay Marine
Park:
F. Other mitigation measures may include opening areas to tidal action, removing dikes, improving tidal
flushing, restoring salt marsh or eelgrass vegetation, or other restoration measures.
4.2.5-1. Avoid impacts to eelgrass (Zostera marina) to the greatest extent possible. Mitigate losses of
eelgrass at a 1.2 to 1 mitigation ratio and in accordance with the Southern California Eelgrass Mitigation
Policy. Encourage the restoration of eelgrass throughout Newport Harbor where feasible.
4.2.5-2. Continue to cooperate with the County of Orange, the U.S. Army Corps of Engineers, and
resource agencies to establish eelgrass restoration sites.
4.2.5-3. Conduct studies to establish an eelgrass acreage baseline for Newport Harbor based on the
distribution, density, and productivity, necessary for eelgrass meadows to fulfill their ecological function.
4.2.5-4. Cooperate with the National Marine Fisheries Service to incorporate a provision into the Southern
California Eelgrass Mitigation Policy that would allow exemptions to mitigation requirements for harbor
maintenance projects for provided the eelgrass acreage baseline is maintained.
4.2.5-5. Cooperate with the U.S. Army Corps of Engineers, the Coastal Commission, and the Santa Ana
Regional Water Quality Control Board to incorporate the eelgrass acreage baseline exemption provision
into the City's Regional General Permit and into any individual property owner's dredging or dock
construction permit that qualifies under future applications.
4.2.5-6. Perform periodic surveys of the distribution of eelgrass in Newport Bay in cooperation with the
National Marine Fisheries Services to insure that the eelgrass baseline is maintained.
4.2.5-7. Cooperate with resource agencies to conduct a comprehensive evaluation of biological,
recreational, commercial and aquatic resources of Newport Harbor and to develop a Harbor Area
Management Plan (HAMP) that will maintain all of the intended beneficial uses of the harbor.
LCP Policy Implementation Guide
Page 41
49