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RESOLUTION NO. 2017-50 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING <br />THE SUBMITTAL OF LOCAL COASTAL PROGRAM <br />AMENDMENT NO. LC2013-002 ESTABLISHING THE <br />EAST OCEAN FRONT ENCROACHMENT AND <br />REMOVAL AND REPLACEMENT PROGRAM TO THE <br />CALIFORNIA COASTAL COMMISSION (PA2013-057) <br />WHEREAS, Section 30500 of the Public Resources Code requires each county <br />and city to prepare a Local Coastal Program (LCP) for that portion of the coastal zone <br />within its jurisdiction; <br />WHEREAS, the California Coastal Commission effectively certified the City of <br />Newport Beach's (City) LCP on January 13, 2017, and the City assumed coastal <br />development permit -issuing authority on January 30, 2017. The LCP is comprised of the <br />Coastal Land Use Plan (LUP) and Coastal Implementation Plan (IP); <br />WHEREAS, LCP Amendment No. LC2013-002 creates a comprehensive <br />encroachment program, similar to the program in place for West Ocean Front, which <br />remedies the issue of unpermitted development in the City's fee owned15-foot right-of- <br />way parallel to East Ocean Front; <br />WHEREAS, removal of unpermitted improvements and replacement with <br />appropriate materials is required for areas beyond the City's fee owned 15 -foot right-of- <br />way and in tidelands areas; <br />WHEREAS, a public hearing was held by the Planning Commission of the City of <br />Newport Beach on April 9, 2015, in the Council Chambers located at 100 Civic Center <br />Drive, Newport Beach, California. A notice of time, place and purpose of the public <br />hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and <br />Section 13515 of the California Code of Regulations. Evidence, both written and oral, was <br />presented to, and considered by, the Planning Commission at this public hearing. At the <br />conclusion of the public hearing, the Planning Commission recommended the City <br />Council approve the LUP amendment establishing the East Ocean Front Encroachment <br />and Removal and Replacement Program; <br />WHEREAS, a public hearing was held by the City Council of the City of Newport <br />Beach on July 26, 2016, in the Council Chambers located at 100 Civic Center Drive, <br />Newport Beach, California. A notice of time, place and purpose of the public hearing was <br />given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 <br />of the California Code of Regulations. Evidence, both written and oral, was presented to, <br />and considered by, the City Council at this public hearing. At the conclusion of the public <br />hearing, the City Council approved the LUP amendment establishing the East Ocean <br />Front Encroachment and Removal and Replacement Program; <br />