Loading...
HomeMy WebLinkAbout2015-99 - Approving the Local Coastal Program Implementation Plan (PA2013-001) RESOLUTION NO. 2015-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) WHEREAS, the California Coastal Act of 1976 (Coastal Act) established policies relating to 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; WHEREAS, to achieve maximum responsiveness to local conditions, accountability, and public accessibility, the Coastal Act relies heavily on local government and local land use planning procedures and enforcement through the preparation of Local Coastal Programs; WHEREAS, the Land Use Plan portion of the City of Newport Beach's (City) Local Coastal Program (LCP) was adopted in 2005 and certified by the California Coastal Commission (Coastal Commission) in 2005; however, the Implementation Plan of the LCP was not completed; WHEREAS, in 2001, the California Legislature adopted Senate Bill 516, which amended the Coastal Act to require the City to submit a LCP to the Coastal Commission for approval and certification; WHEREAS, a public hearing was held on October 8, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission adopted Resolution No. 1996 recommending approval of the LCP Implementation Plan to the City Council; and WHEREAS, a public hearing was held on November 10, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council finds that pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the LCP is statutorily exempt from CEQA, pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Resolution No. 2015-99 Page 2 of 3 Chapter 3 of the Coastal Act, because CEQA does not apply to a local government's preparation and adoption of a local costal program. Section 3: The City Council finds that pursuant to California Public Resources Code Section 30503, the City provided maximum opportunities for the public and all affected governmental agencies to participate in the preparation and certification of the LCP Implementation Plan, including, but not limited to, the following outreach efforts: 1. In January 2015, the City distributed the following notices announcing that a draft of the LCP Implementation Plan was available online and at all branches of the Newport Beach Public Library. Furthermore all interested persons were invited to attend LCP community meetings. a. A mailer to all property owners in the coastal zone. b. Display ads published in the Daily Pilot newspaper. c. A news release. d. Posting on the City's social media sites. e. A City E-mail news alert. f. A letter mailed to community associations. g. Notice of Availability to local governments and state and federal agencies. h. Notice to any member of the public who so requested. 2. Community meetings on the Draft Implementation Plan were conducted on February 11, 2015, February 18, 2015, February 25, 2015, and March 4, 2015. 3. The Harbor Commission held a study session on the Draft Implementation Plan on May 13, 2015. 4. The Planning Commission held study sessions on the Draft Implementation Plan on April 23, 2015, September 3, 2015, and September 17, 2015. 5. Notice of availability of the LCP Implementation Plan Public Hearing Draft and public hearings was mailed to local governments and state and federal agencies on September 23, 2015. 6. Notice of public hearings was mailed to all property owners in the coastal zone. 7. Notice of the Planning Commission and City Council public hearings were published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. Section 4: The City Council finds that pursuant to the Coastal Act, the City actively consulted and collaborated with Coastal Commission staff during the preparation of the LCP Implementation Plan. Section 5: The City Council finds that the LCP Implementation Plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with California Public Resources Code Sections 30200 et seq.) of the Coastal Act. Resolution No. 2015-99 Page 3 of 3 Section 6: The City Council finds that the LCP Implementation Plan conforms with, and is adequate to carry out, the provisions of the certified Coastal Land Use Plan. Section 7: The City Council of the City of Newport Beach hereby approves the Local Coastal Program Implementation Plan as attached in Exhibit A, and incorporated herein by reference. Section 8: The City's certified Coastal Land Use Plan, including the LCP Implementation Plan, will be carried out fully in conformity with the Coastal Act. Section 9: The City Council hereby authorizes City staff to submit the following applications to the California Coastal Commission for review and approval: 1. The LCP Implementation Plan; 2. A request to adjust the inland boundary of the coastal zone as depicted in Exhibit B, attached and incorporated herein by reference; and 3. A request to extend the terms and conditions of Categorical Exclusion Order E-77-5. Section 10: The LCP Implementation Plan and coastal zone boundary adjustments shall not become effective until adoption by ordinance of the City Council of the City of Newport Beach and certification by the California Coastal Commission. Section 11: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 12: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10t'day of November, 2015. r r Edward D. Selich Mayor ATT�ST: /r D oRT Leilarii I. Brown ° e City Clerk EXHIBIT A Draft Local Coastal Program Implementation Plan Table of Contents Part 1 Implementation Plan Applicability Chapter 21.10 — Purpose and Applicability of the Implementation Plan 21.10.010 Title 21.10.020 Purpose 21.10.030 Authority, Relationship to the Coastal Land Use Plan 21.10.040 Applicability of Implementation Plan 21.10.050 Responsibility for Administration 21.10.065 Periodic Review and Update Chapter 21.12 — Interpretation of Implementation Plan Provisions 21.12.010 Purpose 21.12.020 Rules of Interpretation Chapter 21.14 — Coastal Maps 21.14.010 Coastal Zoning Map Adopted by Reference 21.14.020 Coastal Zoning Districts Established 21.14.030 Coastal Zoning District Symbols 21.14.045 Permit and Appeal Jurisdiction Map Part 2 Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards Chapter 21.16 — Development and Land Use Approval Requirements 21.16.010 Purpose 21.16.020 General Requirements for Development and New Land Uses 21.16.030 Allowable Land Uses 21.16.040 Short -Term Uses and Structures 21.16.050 Special Events 21.16.060 Additional Permits and Approvals May Be Required Chapter 21.18 — Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM) 21.18.010 Purposes of Residential Coastal Zoning Districts 21.18.020 Residential Coastal Zoning Districts Land Uses 21.18.030 Residential Coastal Zoning Districts General Development Standards Chapter 21.20 — Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, OG) 21.20.010 Purposes of Commercial Coastal Zoning Districts 21.20.020 Commercial Coastal Zoning Districts Land Uses 21.20.030 Commercial Coastal Zoning Districts General Development Standards Newport Beach LCP Implementation Plan — CC Draft 1 Page Chapter 21.22 — Mixed -Use Coastal Zoning Districts (MU -V, MU -MM, MU-CV/15th St, MU - W1, MU -W2) 21.22.010 Purposes of Mixed -Use Coastal Zoning Districts 21.22.020 Mixed -Use Coastal Zoning Districts Land Uses 21.22.030 Mixed -Use Coastal Zoning Districts General Development Standards Chapter 21.26 — Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS) 21.26.010 Purposes of Special Purpose Coastal Zoning Districts 21.26.020 OS, PF, PI, and PR Coastal Zoning Districts Land Uses 21.26.030 OS, PF, PI, and PR Coastal Zoning Districts General Development 21.28.040 Standards 21.26.045 Planned Community Coastal Zoning District Land Uses 21.26.055 Planned Community Coastal Zoning District Property Development 21.30.060 Standards 21.26.065 Planned Communities Without Development Plans 21.26.075 Subsequently Adopted and Other Planned Communities Chapter 21.28 —Overlay Coastal Zoning Districts (MHP, PM, B, and C) 21.28.010 Purposes of Overlay Coastal Zoning Districts 21.28.020 Mobile Home Park (MHP) Overlay District 21.28.030 Parking Management (PM) Overlay District 21.28.040 Bluff (B) Overlay District 21.28.050 Canyon (C) Overlay District Part 3 Site Planning and Development Standards Chapter 21.30 — Property Development Standards 21.30.010 Purpose and Applicability 21.30.015 General Site Planning and Development Standards 21.30.025 Coastal Zone Subdivisions 21.30.030 Natural Landform and Shoreline Protection 21.30.040 Fences, Hedges, Walls, and Retaining Walls 21.30.050 Grade Establishment 21.30.060 Height Limits and Exceptions 21.30.065 Signs 21.30.070 Outdoor Lighting 21.30.075 Landscaping 21.30.085 Water Efficient Landscaping 21.30.100 Scenic and Visual Quality Protection 21.30.105 Cultural Resource Protection 21.30.110 Setback Regulations and Exceptions 21.30.130 Traffic Safety Visibility Area 21.30.135 Water Quality Control Newport Beach LCP Implementation Plan — CC Draft 1 Page ii Chapter 21.30A— Public Access and Recreation 21.30A.010 Purpose 21.30A.020 Applicability and Exemptions 21.30A.030 Protection or Provision of Public Access Required 21.30A.040 Determination of Public Access/Recreation Impacts 21.30A.050 Development Standards 21.30A.060 Access Title and Guarantee 21.30A.070 Coastal Commission Review of Recorded Access Documents 21.30A.080 Timing of Access Requirements 21.30A.090 Management and Maintenance 21.30A.100 Encroachments into Public Accessways Chapter 21.30B — Habitat Protection 21.30B.010 Purpose 21.3013.020 Initial Site Resources Survey 21.3013.030 Environmentally Sensitive Habitat Areas 21.3013.040 Wetlands, Deepwater Areas, and Other Water Areas 21.3013.050 Coastal Dunes 21.3013.060 Mitigation and Monitoring Chapter 21.30C — Harbor and Bay Regulations 21.30C.010 Purpose 21.30C.020 Applicability 21.30C.030 General Provisions 21.30C.040 Vessel Berthing and Storage 21.30C.050 Harbor Development Regulations 21.30C.060 Harbor Development Permits 21.30C.070 Dredging Permits Chapter 21.34 —Conversion or Demolition of Affordable Housing 21.34.010 Purpose 21.34.020 Applicability 21.34.030 Exemptions 21.34.050 Replacement of Affordable Housing Chapter 21.38 — Nonconforming Uses and Structures 21.38.010 Purpose 21.38.020 Applicability 21.38.030 Determination of Nonconformity 21.38.040 Nonconforming Structures 21.38.050 Nonconforming Uses 21.38.060 Nonconforming Parking 21.38.070 Landmark Structures 21.38.080 Repair of Damaged or Partially Destroyed Nonconformities Newport Beach LCP Implementation Plan — CC Draft 1 Page iii Chapter 21.40 — Off -Street Parking 21.40.010 Purpose 21.40.020 Applicability 21.40.030 Requirements for Off -Street Parking 21.40.040 Off -Street Parking Spaces Required 21.40.045 Bicycle Parking for Non-residential Developments 21.40.050 Parking Requirements for Shopping Centers 21.40.060 Parking Requirements for Food Service Uses 21.40.070 Development Standards for Parking Areas 21.40.110 Adjustments to Off -Street Parking Requirements 21.40.120 Parking Management Districts 21.40.130 In -Lieu Parking Fee 21.40.145 Preferential Parking Zones Chapter 21.44 — Transportation and Circulation 21.44.010 Purpose 21.44.020 Site Design 21.44.025 Alternative Transportation 21.44.035 Transportation Demand Management 21.44.045 Vacations and Abandonments 21.44.055 Temporary Street Closures Part 4 Standards for Specific Land Uses Chapter 21.48 — Standards for Specific Land Uses 21.48.010 Purpose 21.48.025 Visitor Accommodations 21.48.035 Newport Harbor 21.48.045 Industrial Uses 21.48.055 Public Beaches 21.48.085 Public Trust Lands 21.48.095 Special Events 21.48.095 Limited Duration Uses and Structures Chapter 21.49 — Wireless Telecommunications Facilities 21.49.010 Purpose 21.49.020 Effect of Chapter 21.49.030 Definitions 21.49.040 Telecom Facility Preferences and Prohibited Locations 21.49.050 General Development and Design Standards 21.49.090 Modification and Collocation of Existing Telecom Facilities 21.49.120 Removal of Telecom Facilities Newport Beach LCP Implementation Plan — CC Draft 1 Page iv Part 5 Planning Permit Procedures Chapter 21.50 — Permit Application Filing and Processing 21.50.010 Purpose 21.50.020 Authority for Decisions 21.50.025 Projects Bisected by Jurisdictional Boundaries 21.50.030 Application Preparation and Filing 21.50.040 Application Fees 21.50.050 Initial Application Review 21.50.060 Project Evaluation and Staff Reports 21.50.070 Environmental Review Chapter 21.52 — Coastal Development Review Procedures 21.52.010 Purpose 21.52.015 Coastal Development Permits 21.52.025 Emergency Coastal Development Permits 21.52.035 Projects Exempt from Coastal Permit Requirements 21.52.045 Categorical Exclusions 21.52.055 Waiver for De Minimis Development Chapter 21.54 — Permit Implementation, Time Limits, and Extensions 21.54.010 Purpose 21.54.020 Use of Property 21.54.030 Effective Date of Permits; Notice of Final Action 21.54.040 Applications Deemed Approved 21.54.050 Performance Guarantees 21.54.060 Time Limits and Extensions 21.54.070 Changes to an Approved Project 21.54.080 Resubmittals 21.54.090 Covenants Part 6 Implementation Plan Administration Chapter 21.62 — Public Hearings 21.62.010 Purpose 21.62.020 Notice of Public Hearing 21.62.030 Hearing Procedure 21.62.040 Decision Chapter 21.64 — Appeals and Calls for Review 21.64.010 Purpose 21.64.020 Appeals or Calls for Review 21.64.030 Filing and Processing of Appeals and Calls for Review 21.64.035 Appeals to the Coastal Commission 21.64.040 Judicial Review of City Decision Newport Beach LCP Implementation Plan — CC Draft 1 Page v Chapter 21.66 — Amendments 21.66.010 Purpose 21.66.020 Initiation of Amendment 21.66.030 Processing, Notice, and Hearing 21.66.040 Required Findings 21.66.050 Commission Recommendation 21.66.060 Council Decision 21.66.075 Submittal to the Coastal Commission 21.66.085 Effective Dates Chapter 21.68 — Enforcement 21.68.010 Purpose 21.68.020 Permits and Approvals 21.68.050 Legal Remedies Part 7 Definitions Chapter 21.70 — Definitions 21.70.010 — Purpose of Part 21.70.020 — Definitions of Specialized Terms and Phrases Part 8 Maps Chapter 21.80 — Maps 21.80.010 Area Maps 21.80.020 Bluff Overlay 21.80.025 Canyon Overlay 21.80.030 Height Limit Areas 21.80.035 Parking Management Overlay District Maps 21.80.040 Setback Maps 21.80.045 Permit and Appeal Jurisdiction Maps 21.80.055 Planned Community Site Plans 21.80.065 Planned Community Land Use Maps Part 9 Specific Plans Chapter 21.90 — Santa Ana Heights Specific Plan 21.90.010 Purpose 21.90.020 Land Use Regulations 21.90.030 Open Space and Recreation District: SP -7 (OSR) 21.90.060 Residential Equestrian District: SP -7 (REQ) Newport Beach LCP Implementation Plan — CC Draft 1 Page vi Part 10 Appendices A. Sea Level Rise B. Coastal Access Signing Program C. Eelgrass Mitigation Plan Newport Beach LCP Implementation Plan — CC Draft 1 Page vii Chapter 21.10 — Purpose and Applicability of the Implementation Plan Sections: 21.10.010 Title 21.10.020 Purpose 21.10.030 Authority, Relationship to the Coastal Land Use Plan 21.10.040 Applicability of Implementation Plan 21.10.050 Responsibility for Administration 21.10.065 Periodic Review and Update 21.10.010 — Title This title shall be known as the "City of Newport Beach Local Coastal Program Implementation Plan" and referred to as the "Implementation Plan" 21.10.020 — Purpose The purposes of the Implementation Plan are to: A. Implement the Local Coastal Program and the California Coastal Act of 1976; B. Protect, maintain, enhance and restore the overall quality of the Coastal Zone and its natural and artificial resources; C. Assure orderly, balanced use and conservation of resources within the Coastal Zone taking into account social and economic needs; D. Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resource conservation principals and constitutionally protected rights of private property owners; E. Assure priority for coastal -dependent and coastal -related development over other types of development in the Coastal Zone; and F. Encourage state and local cooperation in planning and development of mutually beneficial uses in the Coastal Zone. 21.10.030 — Authority, Relationship to Coastal Land Use Plan A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code, Division 20 of the Public Resources Code (California Coastal Act), and Title 14, Division 5.5 of the California Code of Regulations (California Coastal Commission Regulations). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.10-1 B. Relationship to Coastal Land Use Plan. This Implementation Plan is the primary tool used by the City to carry out the goals, objectives, and policies of the Coastal Land Use Plan. It is intended that all provisions of this Implementation Plan be consistent with the Coastal Land Use Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the Coastal Land Use Plan. C. Relationship to General Plan. Should a conflict exist between the development limits of the Land Use Element of the General Plan and the Coastal Land Use Plan, the provision that is most 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. 21.10.040 — Applicability of Implementation Plan The regulations of this Implementation Plan shall apply to all land and water in the Coastal Zone within the City of Newport Beach, hereafter referred to as the "City," and its sphere of influence, with the exception of Newport Coast and deferred certification areas established by the Coastal Land Use Plan. The Newport Coast segment is governed by the Newport Coast Local Coastal Program and is subject only to the administrative regulations relating to the review of coastal development permits. 21.10.050 — Responsibility for Administration A. Responsible Authority. This Implementation Plan shall be administered by: Newport Beach City Council, hereafter referred to as the "Council'; the Planning Commission, hereafter referred to as the "Commission"; the Community Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development Department hereafter referred to as the "Department," and any other City official or body as specifically identified. B. Exercise of Discretion. In the event that a provision of this Implementation Plan or a condition of approval allows the review authority to exercise judgment in the application of a specific development standard or condition of approval, the review shall include an analysis as to whether: 1. The proposed project complies with all applicable provisions of this Implementation Plan; 2. The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties; 3. The manner in which authority is exercised will result in a more practical application of the provisions of this Implementation Plan given specific characteristics of the site and its surroundings; and 4. The decision is consistent with the Coastal Land Use Plan. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.10-2 21.10.065 — Periodic Review and Update The Coastal Land Use Plan and the land use, development, and administrative regulations of this Implementation Plan shall be periodically reviewed and updated to insure that the Local Coastal Program is being effectively implemented in conformity with the policies of the Coastal Act. This review shall be conducted in conjunction with the Coastal Commission's periodic review of the Local Coastal Program required by Coastal Act Section 30519.5. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.10-3 �� QP Chapter 21.12 — Interpretation of Implementation Plan Provisions Sections: 21.12.010 Purpose 21.12.020 Rules of Interpretation 21.12.010 — Purpose This chapter provides rules for resolving questions about the meaning or applicability of any part of this Implementation Plan. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this Implementation Plan. 21.12.020 — Rules of Interpretation A. Authority. The Director has the authority to interpret the meaning of provisions of this Implementation Plan, including maps, and to apply and/or enforce the Implementation Plan. The Director may also refer any interpretation to the Commission for input or a determination. An interpretation made by the Director may be appealed to the Commission in compliance with Chapter 21.64 (Appeals and Calls for Review). B. Language. When used in this Implementation Plan, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory, but is strongly recommended, and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the common meaning of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to." C. Calculations. Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number. For example, where a residential coastal zoning district requires a minimum site area per dwelling unit of one thousand five hundred (1,500) square feet; a site of ten thousand (10,000) square feet would be allowed six dwelling units. Example: Ten thousand (10,000) sq. ft. site area/one thousand five hundred (1,500) sq. ft. per unit = 6.66 dwelling units. This would be rounded down to six dwelling units. 2. Other Calculations. For calculations other than residential density, the fractional/decimal results of calculations shall be rounded to the next highest whole number unless otherwise specified. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.12-1 3. Time Limits. Whenever a number of days is specified in this Implementation Plan, or in a permit, condition of approval, or notice provided in compliance with this Implementation Plan, the number of days shall be construed as calendar days unless otherwise specified. Where the last of the specified number of days falls on a weekend, holiday, or other day the City is not open for business, the time limit shall extend to 5:00 p.m. on the following business day. D. Conflicting Requirements. Where conflict occurs between the provisions of this Implementation Plan and any other City Code, title, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this Implementation Plan or unless the more restrictive provision is less protective of coastal resources. E. Unlisted Uses of Land. If a proposed use of land is not specifically listed in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards), the use shall not be allowed, except as provided below. Director's Interpretation. The Director may determine that a proposed land use that is not listed in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be allowed if the following findings can be made: a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the coastal zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than the uses listed in the coastal zoning district; The proposed use will meet the purpose/intent of the coastal zoning district that is applied to the location of the use; The proposed use will be consistent with the goals, objectives, and policies of the Coastal Land Use Plan; The proposed use is not listed as allowable in another coastal zoning district; and e. The proposed use is not a prohibited or illegal use. 2. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Implementation Plan apply. F. Coastal Zoning Map Boundaries. If there is uncertainty about the location of a coastal zoning district boundary shown on the official Coastal Zoning Map, the Director shall determine the location of the boundary in the following manner: Where the Coastal Zone boundary follows a street or alley, the boundary of the Coastal Zone shall be construed as the inland boundary of the improved Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.12-2 G 2 right-of-way as it exists as of January 1, 1977, or as modified by closure or additional improvement thereafter provided that it shall not be more than 100 yards inland from the center line. 2. Where a district or area boundary approximately follows a lot line, street or alley line, the lot line, street centerline, or alley centerline shall be construed as the district boundary; 3. Where a district or area boundary divides a lot and the boundary line location is not specified by distances indicated on the subject map, the location of the boundary shall be determined by using the scale appearing on the map; 3. Where a public street or alley, or a portion thereof, is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the coastal zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; 4. Where a district or area boundary approximately follows the shoreline of the Pacific Ocean, the boundary shall be construed to follow the mean high tide line; or Where a district or area boundary approximately follows the waterfront of Newport Bay, the boundary shall be construed to follow the bulkhead line. Permit and Appeal Jurisdiction Map boundaries. If there is uncertainty about the location of a boundary shown on the Permit and Appeal Jurisdiction Map, or if the boundary bisects a lot, the Director shall proceed as follows: If the uncertainty involves the specific location of a boundary line, the Director shall use any of the methods provided in Subsection F, above, provided the determination would not adjust the boundary line onto or out of any portion of an existing lot; 2. If a boundary line bisects any portion of a lot, the entire lot shall be determined to be within the boundary of the mapped area; or 3. In order to avoid bisecting a lot or to conform a boundary to readily identifiable natural or manmade features, the City may request the Coastal Commission to adjust the boundary of the Coastal Zone up to a maximum of 100 yards inland, or a maximum of 200 yards seaward. Where an inland adjustment is requested by the City and agreed to by the property owner, the maximum distance shall be 200 yards. Illustrations. In case of a conflict between the Implementation Plan text and any diagram, illustration, or image contained in the Implementation Plan, the text shall control. Guidelines. Guidelines augment and expand on the policies and regulations of the Local Coastal Program. Guidelines are not quantitative standards and are therefore subject to interpretation. Use of Headings. The headings of the chapters, sections, and subsections of this Implementation Plan, together with the accompanying examples and explanatory notes, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.12-3 are inserted as a matter of convenience and are not intended to define, limit, or enlarge the scope or meaning of this Implementation Plan or its provisions. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.12-4 Chapter 21.14 - Coastal Maps Sections: 21.14.010 Coastal Zoning Map Adopted by Reference 21.14.020 Coastal Zoning Districts Established 21.14.030 Coastal Zoning District Symbols 21.14.045 Permit and Appeal Jurisdiction Map 21.14.010 — Coastal Zoning Map Adopted by Reference The boundaries, designations, and locations of the coastal zoning districts established by this Implementation Plan shall be shown upon the map(s) entitled "Coastal Zoning Map for the City of Newport Beach, California" and referred to as the "Coastal Zoning Map." Any additional maps as may be subsequently adopted or amended shall also be a part of this Implementation Plan by reference. 21.14.020 — Coastal Zoning Districts Established The City of Newport Beach shall be divided into coastal zoning districts that implement the Coastal Land Use Plan. The coastal zoning districts shown in Table 21.14-1 are hereby established, and shall be shown on the Coastal Zoning Map. TABLE 21.14-1 COASTAL ZONING DISTRICTS Coastal Coastal Land Use Plan Designations Zoning Map Coastal Zoning Districts Implemented by Zoning Districts Symbol R -A Single -Unit Residential Detached R-1 Single -Unit Residential Detached RS -D Single -Unit Residential R-1-6,000 Attached R -BI R-2 Two -Unit Residential RT Two -Unit Residential R-2-6,000 RM Multi -Unit Residential RM Multiple -Unit Residential RM -6,000 a -. .. :.:No ill Z. OG Office—General Commercial CO -G General Commercial Office Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.14-1 Coastal Coastal Land Use Plan Designations Zoning Map Coastal Zoning Districts Implemented by Zoning Districts Symbol CC Commercial Corridor CC Corridor Commercial CG Commercial General CG General Commercial Recreational and Marine CM Commercial Recreational and Marine CM Commercial CN Commercial Neighborhood CN Neighborhood Commercial CV Commercial Visitor -Serving CV Visitor -Serving Commercial .:,,.x.. :tea. F a".:r;.::x' <, .:.. x <x;.:.. .,.,,. .. ��.: ....:....:.. ..:.,:z.. >. ..::... `c;,.;. ,.. sLk>A-�,xa„„ ..,,, ,..x,.:xw .>,,...":.:., .. ::::.. <.., .. c-:.acxxm,.,,\.:»`...,,,,.: x:l kx/:.:".„„:. ...»>v...,..., ,,. ....•".: ` !.:a>.:.:..? •..�:., .:: a♦ ��,ztt ... xa,,.:::. ........."•, :,as:;:.."•.. . ;:: \.<., :".•..".. c:...:�i,.. ^c::_,.::i .>�.. e..,„��„`xt w z:,. �:.,`C ....;5 ,. , sF�= ;�.V <?:... a„ xz»x` ....:.•••"_.,..:•.. .::"x.. .: xx z,:.., .;a.. -f. . 1 \� .ak ::.:::::..".".. .", ,,.„r.„ „ L. L:k ♦ix •x<< ♦ Yw '?... •�. \"t � ,,< :,xq�.e"•.... :...:: ,"< :: „:. �i--�;;�a'=xxxxxx `<z "�i��:c:::=, :::_:•.>�z � :�;;` ♦:< :::. „<” .tnxxxx:.., .ns MU -V Mixed -Use Vertical MU -V Mixed -Use Vertical MU -MM Mixed -Use MU -H Mixed -Use MU-CV/15th Street M U -W 1 Mixed -Use Water MU -W Mixed -Use Water -Related MU -W2 .. ........:....::::::..::. .......• „„. .,.„.. :..".„.• :::�. x<<x`: `xa`xx ,xxx=x ...."••."axe ::. <..., � xx.., ....... ..._ ::. ->x. C:x.. a>,..:• ...� c.. .x.E ��.♦`•.. fi* .........:..: ".:: ::>. .o:.,:�." :w,.::::.::«,<,.: �::..:>.w :::.....” xxxxv xx:.<,..>xxxx`x�.<.:.,,,..,,,;.....:::.x<.:.xxxxxx"xx:: x:x x.,.�x•.,.... ,..".......... ::r 3.„.::::.„„ <„.:.,,,.„_.•. x. :...... x�..„::„::.,<.. `xxx �x xi.x�?.x:,.::tt«" .:....•.•..... :>4 ....a:::::... .a:::... a... .L.::„:::: �> <a. �.",,,... ...:..>:v �: ,„. :-�x. `a .:::x.::::x:::x....,a, a. •...::„:.:.. .x... v �a>o.x � <. A�.... 'u xix...„:::.... �:.. .. .... .. ".<«h..,.: ¢......?.,... .x x?i =x�=i=a., ...:,,v.” ro.a a” .#'.:.,.. s;: i.>.".. s.. :R; <...♦ x=azr:..: .,... Vis;:.�wµ `.....:.:.:•..:::..: �..,, n...,. .:.as,.,::.aaxx .` <�s<i... .........:.:.:a .. ' „.. •,..,, .-c, fix,,,,:.„::.:.:. ..•.,...,,.x,,,.x `x<, .:L.. „<Cx .: :. :,♦„ .......<. Ott s <`:..<xa:.;r� ;;` ....... ,. � axa-xx'���ex. .,,,.,, ...m ,,,., .RFs..,:: _ -y.�� x�?`.. ♦�'Cz: "oF" :,ca.::a.,.,. .,.... _.... ..::.::.- .......,. s. ..z<,.x.:, r.,: :....>. . ,. ,s,. ` 4 ♦x::<.:. :. `.t�.,,,.trz� Open Space OS Open Space OS PC Planned Community All designations PF Public Facilities PF Public Facilities PI Private Institutions PI Private Institutions PR Parks and Recreation PR Parks and Recreation Tidelands and Submerged TS Tidelands and Submerged Lands TS Lands ,.:.F,..,...::.•.x ti. .. .. ....,a,.: .�R•:.a<....... ..a,..:, .:... z.. s . ......_ n Ci .:. :• ,.. ........\ .".a3. ,a,,,.,.:... ..:. . .0 xx xc:..::.,z.:...::I x ., i <.•,5<.•,•:i.,ai..".t,.,•,s�,•,.•..,..„".”. ,•�.c_,,..•.x..:.;....•x..,:.,.... .„..;. ....».<.S. �,�"L„ "..� ♦<x..:a..:.::„.:„:.♦♦♦"„: x .: ._::.,:.....,:.»...:.:.,..>..,,...::....::::: : ...�,,.u.., 'II .ft �.,:::Cr:.x.x,..x..x..x:: <. x`�x`�x • s.x.x .x >< ,,.a„„:: xxx=xxxx..::xr:a. a.e:.;.,s,o.,:.:..,.z•,,,: ,. ....c.."..,".s...:.:<.`.::_,:Rt.o;•...�•. "'mgw` "a:.<.•••< .. . ?r..., Y.ia�`�,Exxa "<<F�: �: ..<..;:...�Y> .i a„` ,�. ”„...�::_:.,: .c. - .,R .x.. .. .,. a �.<. .••.`�.ejttttza::`-,•:�,:.:9;?.:,x�v, s. � �..„:„.:x::.:...,.>..� .x :. •..:.•2.:w.k"...,<.".@>... zv.at..."....Lic.,a.......,...._..„.. ,. �\:: : x:`x.>•,•,•s.,•f c.",,....,. .,¢....•,,.:..,..".. "..•ssi,•.,:,•••.....,.... :.ow�exst>��.. ..:::::.. .:.: ? .” � <<`xxx�,V: �; •q.” ;:<x:..,.nl,.C..: .; �•..• .•..y..: :vy9.e."..:."•.... Mobile Home Park •e•.v.•x�..e t• . .::::::?, .:..., ” ,,a<.:`�z•tt3ttx�:;\, <. :"••."."• • :<<...:. :♦ ._ maw.,.„„„ <.. ...".sem....•. RM --%F � x� ?�<< Q Multiple -Unit Residential MHP PM Parking Management All designations B Bluff All designations Single -Unit Residential C Canyon RS, RM Multiple -Unit Residential H Height RM Multiple -Unit Residential 21.14.030 — Coastal Zoning District Symbols In addition to the coastal zoning district designations established under Section 21.14.020 (Coastal Zoning Districts Established) and the related development standards established in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards), symbols are established on the Coastal Zoning Map for the purpose of designating floor area ratio limits for nonresidential uses and density limits or the actual number of allowed units for residential uses. When these symbols are placed on the Coastal Zoning Map, the floor area ratios, dwelling unit limits or residential densities (minimums and maximums) as indicated shall apply. In addition, individual locations/sites/lots are identified on the Coastal Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.14-2 Zoning Map by a number symbol where specific development limits and restrictions apply. These development limits/restrictions shall apply in addition to those provided in Part 2 of this title (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards). The symbols and limits shall be shown in the following manner: A. Nonresidential Districts. A number following the district symbol shall designate the maximum floor area ratio allowed for the nonresidential area designated. Example: CG 0.5 B. Residential Districts. A number following the district symbol designates the minimum site area required per dwelling unit if the requirement differs from the district standard minimum. Example: RM (2178) 2. Two numbers following the district symbol indicates that both the minimum and maximum number of dwelling units are regulated. The first number designates the site area used to calculate the minimum number of units required. The second number designates the site area to be used to calculate the maximum number of dwelling units allowed. Example: RM (3100/2420) 3. A number followed by the DU symbol indicates the maximum number of dwelling units allowed for the area designated. Where two numbers are shown, the first represents the maximum number of units allowed, the second represents the minimum number of units required. Examples: RM 50 DU RM 388/300 DU C. Mixed -Use Districts. Allowed residential densities and floor area ratios for nonresidential structures in mixed-use districts are not indicated on the Coastal Zoning Map, but are provided in the development standards tables for mixed-use districts in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards). D. Planned Communities (PC). Each PC District shall be shown on the Coastal Zoning Map with a "PC" designator along with a sequential reference number. 21.14.045 — Permit and Appeal Jurisdiction Map The boundaries of the Coastal Zone, permit jurisdiction areas, appeals areas, exclusion areas, deferred certification areas, and other coastal -related areas within the Coastal Zone in the City of Newport Beach shall be shown upon the map(s) entitled "Permit and Appeal Jurisdiction Map." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.14-3 A. Coastal Zone. The Coastal Zone boundary shall be as established by the Coastal Act, including any adjustments to the boundary made by the Coastal Commission pursuant to California Public Resources Code Section 30103(b). B. Coastal Commission Permit Jurisdiction. The boundaries of tidelands, submerged lands, and public trust lands described in Section 30519 (b) of the Public Resources Code where the Coastal Commission retains permit jurisdiction. C. Appeal Area. The boundary of the area where actions by the City on coastal development permit applications may be appealed to the Coastal Commission shall be established pursuant to California Public Resources Code Section 30603, including any adjustments to the boundary made by the Coastal Commission pursuant to California Public Resources Code Section 30603.1. D. Exclusion Areas. The boundaries of the areas where a category of development, or a category of development within a specifically defined geographic area, is excluded from the coastal development permit requirements pursuant to Public Resources Code Section 30610 shall be established by the terms and conditions applied to each categorical exclusion order by the Coastal Commission. E. Deferred Certification Areas. The boundaries of deferred certification areas shall be established by the Coastal Land Use Plan. F. Public Trust Lands Delegated to the City. The boundaries tidelands, submerged lands, and public trust lands where permit authority has been be delegated to the City pursuant to Coastal Act Section 30613. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.14-4 Chapter 21.16 — Development and Land Use Approval Requirements Sections: 21.16.010 Purpose 21.16.020 General Requirements for Development and New Land Uses 21.16.030 Allowable Land Uses 21.16.040 Short -Term Uses and Structures 21.16.050 Special Events 21.16.060 Additional Permits and Approvals May Be Required 21.16.010 — Purpose The purpose of this part is to provide the general requirements of this Implementation Plan for the approval of proposed development and land use activities. Land use requirements for specific land uses are established by this Part 2 and Part 3 (Site Planning and Development Standards) and Part 4 of this Implementation Plan (Standards for Specific Land Uses). Land use and development approval and administrative provisions are established by Part 5 (Planning Permit Procedures) and Part 6 of this Implementation Plan (Implementation Plan Administration). 21.16.020 — General Requirements for Development and New Land Uses No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures comply with this Implementation Plan and the requirements of this chapter. A. Allowable Use. The land use shall be identified by Chapter 21.18 (Residential Coastal Zoning Districts), 21.20 (Commercial Coastal Zoning Districts), 21.22 (Mixed -Use Coastal Zoning Districts), 21.24 (Industrial Coastal Zoning Districts), 21.26 (Special Purpose Coastal Zoning Districts), or 21.28 (Overlay Coastal Zoning Districts) as being allowable in the coastal zoning district applied to a site. B. Coastal Development Permit Requirements. Coastal Development Permits required by this Implementation Plan shall be obtained before the proposed use is commenced or the project is constructed and any activities associated with the use are commenced, or otherwise established or put into operation. C. Development Standards. Uses and/or structures shall comply with all applicable development standards of this part, the provisions of Part 3 (Site Planning and General Development Standards) and Part 4 of this Implementation Plan (Standards for Specific Land Uses), and other adopted criteria, guidelines, and policies adopted by the City related to the use and development of land. D. Conditions of Approval. Uses and/or structures shall comply with all conditions imposed by a previous permit and other regulatory approvals. Failure to comply with imposed Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.16-1 conditions shall be grounds for revocation of the permit in compliance with Chapter 21.68 (Enforcement). E. Reasonable Accommodations. The review authority may grant reasonable accommodations (adjustments) to the City's coastal zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in compliance with Federal and State fair housing laws. A request for reasonable accommodation requiring a coastal development permit may be approved or conditionally approved by the City if it is consistent with the certified Local Coastal Program and the California Coastal Act to the extent feasible, and there are no feasible alternatives for providing an accommodation at the dwelling that would provide greater consistency with the certified Local Coastal Program. G. Nonconforming Uses and Structures. Uses and structures that are determined to be nonconforming as to the requirements of this Implementation Plan shall be subject to the requirements and limitations of Chapter 21.38 (Nonconforming Uses and Structures). 21.16.030 — Allowable Land Uses Allowed land uses are permitted or conditionally permitted subject to compliance with all applicable provisions of this implementation plan. These are shown as "A" uses in the tables. 21.16.040 — Short-term Uses and Structures Requirements for establishing a short-term use or structure (e.g., construction yards, seasonal sales lots, temporary office trailers, etc.) are identified in Section 21.48.105 (Limited Duration Uses and Structures). 21.16.050 — Special Events Requirements for holding a special event are identified in Section 21.48.095 (Special Events). 21.16.060 — Additional Permits and Approvals May Be Required A. Other Permits Required. An allowed land use or structure that is exempt from a coastal development permit, or has been granted a coastal development permit, may still be required to obtain other permits before the use is commenced or the structure is constructed and any activities associated with the use are commenced, or otherwise established or put into operation. Nothing in this section shall eliminate the need to obtain any permits or approvals required by: 1. Other provisions of the Municipal Code (e.g., conditional use permits, minor use permits, limited term permits, site development review, zoning clearances, building permits, grading permits, other construction permits, live entertainment permit, or a business license); or 2. Orange County, a special district, or any regional, State, or Federal agency. B. Timing of Other Permits. No land shall be used, no new use shall be established, and no structure shall be commenced until all necessary permits have been obtained. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.16-2 C. Report of Residential Building Records. The owner of any residential building shall obtain from the City a report of the residential building records upon entering into an agreement of sale. The owner shall file an application for such a report not later than three days after entering into an agreement of sale. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.16-3 Chapter 21.18 — Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM) Sections: 21.18.010 Purposes of Residential Coastal Zoning Districts 21.18.020 Residential Coastal Zoning Districts Land Uses 21.18.030 Residential Coastal Zoning Districts General Development Standards 21.18.010 — Purposes of Residential Coastal Zoning Districts The purposes of the individual residential coastal zoning districts and the manner in which they are applied are as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units and light farming uses, each located on a single legal lot; B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. C. R -BI (Two -Unit Residential, Balboa Island) Coastal Zoning District. The R -BI Coastal Zoning District is intended to provide for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot on Balboa Island. D. R-2 (Two -Unit Residential) Coastal Zoning District. The R-2 Coastal Zoning District is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot. E. RM (Multiple Residential) Coastal Zoning District. The RM Coastal Zoning District is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. 21.18.020 — Residential Coastal Zoning Districts Land Uses A. Allowed Land Uses 1. Table 21.18-1 indicates the uses allowed within each residential coastal zoning district. 2. Residential uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each coastal zoning district may be allowed as accessory, conditionally permitted, and/or temporary uses. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-1 B. Prohibited Land Uses. A table cell with "—" means that the listed land use is prohibited i in that coastal zoning district. C. Applicable Regulations. The last column in the table ("Specific Use Regulations") may a reference to additional regulations that apply to the use. Land Use R-1 R-1131 R-2 Specific Use land use definitions. R-1-6,000 R-2-6,000 Regulations See Chapter 21.12 for unlisted uses. M RISEN, Mffi 1,01 M 10 Home Occupations Single -Unit Dwellings—Attached Dwellings—Detachedinclude Lodging 7\71m \M"WHER 01 ME RIMINI MEN 10 1 MEN �\...IMMM •MMMMMII .', \�����ii\\\,n�� Adult Day Care Small (6 or - - Large to Care, General Residential Care Facilities Limited (6 or fewer) Licensed General Unlicensed IntegralDay aaaa■� Newport Beach LCP Implementation Plan –CC Draft 1 Page 21.18-2 Land Use See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. R -A R-1 R-1-6,000 R -BI R-2-6,000 RMSpecific RM -6,000 Use Regulations Parking Facility A A A A Convalescent Facilities — — — A Interior lot Utilities, Minor A A A A Utilities, Major A A A A 60 ft. Wireless Telecommunication Facilities A A A A Chapter 21.49 Accessory Structures and Uses A A A A Animal -Keeping Animal, Domestic Farm A — — — Animal, Domestic Pet A A A A Animal, Wild A A A A Personal Property Sales A A A A Special Events Section 21.48.095 Temporary Uses Section 21.48.105 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as provided by Chapter 21.12 (Interpretation of Implementation Plan Provisions). 21.18.030 — Residential Coastal Zoning Districts General Development Standards New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 21.18-2, 21.18-3, and 21.18-4 in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards). TABLE 21.18-2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL COASTAL ZONING DISTRICTS Development Feature R -A R-1 R-1-6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1) Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft. Lot Width Corner lot 125 ft. 60 ft. 60 ft. Interior lot 125 ft. 50 ft. 60 ft. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-3 Development Feature R -A R-1 R-1-6,000 Additional Requirements Lot Depth N/A N/A 80 ft. Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. Setbacks The distances below are minimum setbacks required for primary structures. See Section 21.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this Implementation Plan.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Front: 20 ft. 20 ft. 20 ft. Section 21.30.110 Side (interior, each): Lots 40 ft. wide or less 5 ft. 3 ft. (3) 6 ft. Section 21.30.110 Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. Side (street side): Lots 40 ft. wide or less 5 ft. 3 ft. 6 ft. Section 21.30.110 Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. Rear: 25 ft. 10 ft. 6 ft. Abutting Alley: Lots abutting a 10 ft. alley or less that are directly 10 ft. wide or less N/A 5 ft. N/A across the alley from the side yard of a lot abutting an 15 ft. wide or less N/A 5 ft. N/A alley shall provide a setback for the first floor of at least 10 ft. from the alley. 15'1" to 19'11" N/A 3'9" N/A 20 ft. wide or more N/A 0 N/A Bluff edge setback As provided in Section 21.28.040 (Bluff (B) Overlay District). Bulkhead setback Structures shall be set back a minimum of 10 ft. from the bulkhead in each coastal zoning district. Site Coverage Maximum percentage of the total lot area that may be covered by structures. N/A N/A 60% Lots 40 ft. wide or less Lots wider than 40 ft. 40% N/A 60% Floor Area Limit (gross floor area) 2.0(4)(5) Citywide N/A N/A Corona del Mar 1.5 (4)(5) Maximum height of structures without discretionary approval. See Section 21.30.060(C) (Increase Height (2) in Height Limit) for possible increase in height limit. 24 ft. 24 ft. 24 ft. See 21.30.060(C)(2) (Height Limit Areas) and Flat roof Sloped roof; minimum 3/12 29 ft. 29 ft. 29 ft. 21.30.060(6) (Height of Structures and Measurement) pitch Bluffs See Section 21.28.040 (Bluff (B) Overlay District). Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-4 Development Feature R -A R-1 R-1-6,000 Additional Requirements Signs See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. (3) Side setback areas for lots designated Special Fire Protection Areas shall be a minimum of five feet unless reduced by the Fire Marshal. (4) The floor area of a subterranean basement is not included in the calculation of total gross floor area. (5) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. TABLE 21.18-3 DEVELOPMENT STANDARDS FOR TWO -UNIT RESIDENTIAL COASTAL ZONING DISTRICTS Development Feature R -131R-2 R-2-6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1) (2) Corner lot Interior lot 2,375 sq. ft. 2,375 sq. ft. 6,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Lot Width Corner lot Interior lot 60 ft. 50 ft. 60 ft. 50 ft. 60 ft. 60 ft. Lot Depth N/A N/A 80 ft. Site Area per Dwelling Unit Minimum required site area per dwelling unit based on net area of the lot. 1,000 sq. ft. 1,000 sq. ft. 3,000 sq. ft. No more than 2 units per lot Site Coverage Maximum percentage of the total lot area that may be covered by structures. N/A N/A 60% Floor Area Limit (4) (gross floor area) 1.5 plus 200 sq. ft. 2.0 Citywide (5) 1.5 Corona del Mar (5) N/A Setbacks The distances below are minimum setbacks required for primary structures. See Section 21.30. 110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this Implementation Plan.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Front: 20 ft. 20 ft. 20 ft. Side (interior, each): Lots 40 ft. wide or less 3 ft. 3 ft. 6 ft. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-5 Development Feature R -BI R-2 R-2-6,000 Additional Requirements Lots 40'1" wide to 49'11" wide 4 ft. 4 ft. 6 ft. Lots 50 ft. wide and greater N/A 4 ft. 6 ft. Side (street side): Lots 40 ft. wide or less 3 ft. 3 ft. N/A Lots 40'1" wide to 49'11" wide 4 ft. 4 ft. N/A Lots 50 ft. wide and greater N/A N/A 6 ft. Rear: 10 ft. 10 ft. 6 ft. Abutting Alley Lots abutting a 10 ft. alley or 10 ft. wide or less 5 ft. 5 ft. N/A less that are directly across the alley from the side yard 15 ft. wide or less 5 ft. 5 ft. N/A of a lot abutting the alley shall provide a setback for 15'1" to 19'11 3'9" 3'9" N/A the first floor of at least 10 ft. from the alley. 20 ft, wide or more 0 0 N/A Waterfront 10 ft. 10 ft. N/A Bluff edge setback As provided in Section 21.28.040 (Bluff (B) Overlay District). Structures shall be set back a minimum of 10 ft. from the bulkhead in each coastal zoning Bulkhead setback district. Maximum height of structures without discretionary approval. See Section 21.30. 060(C) Height (3) (Increase in Height Limit) for possible increase in height limit. 24 ft. 24 ft. 24 ft. See Section 21.30.060(C) Flat roof Sloped roof; minimum 3/12 pitch 29 ft. 29 ft. 29 ft. (Increase in Height Limit) Bluffs See Section 21.28.040 (Bluff (B) Overlay District). Fencing See Section 21.30.040 (Fences, Hedges, Walls and Retaining Walls). See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping Landscaping) Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) On a site of less than five thousand (5,000) square feet that existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each dwelling unit. (3) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. (4) The floor area of a subterranean basement is not included in the calculation of total gross floor area. (5) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the buildable area of the lot. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-6 TABLE 21.18-4 DEVELOPMENT STANDARDS FOR MULTI -UNIT RESIDENTIAL COASTAL ZONING DISTRICTS Development Feature RM RM -6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1) (2) Corner lot 6,000 sq. ft. 6,000 sq. ft. Interior lot 5,000 sq. ft. 6,000 sq. ft. Lot Width Corner lot 60 ft. 60 ft. Interior lot 50 ft. 60 ft. Lot Depth N/A 80 ft. Minimum required site area per dwelling unit based on net area of the lot unless the Site Area per Dwelling Unit (7) maximum number of units is shown on the Coastal Zoning Map. 1,200 sq. ft. (6) 1,500 sq. ft Maximum percentage of the total lot area that may be covered by structures. Site Coverage N/A 60% Floor Area Limit (gross floor area) 1.75(3) N/A The distances below are minimum setbacks required for primary structures. See Section 21.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. The following setbacks shall apply, unless Setbacks different requirements are identified on the setback maps in which case the setback maps shall control. (See Part 8 of this Implementation Plan.) Side and rear setback areas shown on the setback maps shall be considered front setback areas for the purpose of regulating accessory structures. Also refer to Section 21.48.180 (Residential Development Standards and Design Criteria). Front: 20 ft. 20 ft. Side (interior, each): Lots 40 ft. wide or less 3 ft. 6 ft. Lots 40'1" wide to 49'11" wide 4 ft. 6 ft. Lots 50 ft. wide and greater 8% of the average 6 ft. lot width (4) Side (street side): Lots 40 ft. wide or less 3 ft. N/A Lots 40'1" wide to 49'11" wide 4 ft. N/A Lots 50 ft, wide and greater 8% of the average 6 ft. lot width (4) Rear: 10 ft. 6 ft. Abutting Alley Lots abutting a 10 ft. alley or less that are directly 10 ft. wide or less N/A N/A across the alley from the side yard of a lot abutting the alley shall provide a setback for the first floor of at least 15 ft. wide or less 5 ft. N/A 10 ft. from the alley. 15'1" to 19'11" 3'9" N/A Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-7 Development Feature RM RM -6,000 Additional Requirements 20 ft. wide or more 0 N/A Waterfront 10 ft. N/A Bluff edge setback As provided in Section 21.28.040 (Bluff (B) Overlay District). Canyon setback As provided in Section 21.28.050 (Canyon (C) Overlay District). Structures shall be setback a minimum of 10 ft. from the bulkhead in each coastal zoning Bulkhead setback district. Maximum height of structures without discretionary approval. See Section 21.30.060(C) Height (5) (Increase in Height Limit) for possible increase in height limit. 28 ft. 28 ft. Flat roof See Section 21.30.060(C) (Increase in Height Limit) Sloped roof; minimum 3/12 pitch 33 ft. 33 ft. Minimum required open space. Common: 75 square feet/unit Open Space Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 6 feet. The minimum dimension is for length and width. Bluffs See Section 21.28.040 (Bluff (B) Overlay District). Canyons See Section 21.28.050 (Canyon (C) Overlay District). Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) On a site of less than five thousand (5,000) square feet that existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each dwelling unit. (3) The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site or 1.5 times the buildable area of the site in Corona del Mar; provided, that up to two hundred (200) square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. (4) Interior and street side setback areas are not required to be wider than fifteen (15) feet; however, the side setback area on the street side of a corner lot, where the abutting lot has a reversed frontage, shall not be less than the front setback area required on the abutting reversed frontage. (5) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. (6) Portions of legal lots that have a slope greater than two -to -one (2:1) or that are submerged lands or tidelands shall be excluded from the land area of the lot for the purpose of determining the allowable number of units. (7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Government Code Sections 65915 through 65917. Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-8 Development Feature RM RM -6,000 Additional Requirements protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. Newport Beach LCP Implementation Plan —CC Draft 1 Page 21.18-9 Chapter 21.20 — Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, OG) Sections: 21.20.010 Purposes of Commercial Coastal Zoning Districts 21.20.020 Commercial Coastal Zoning Districts Land Uses 21.20.030 Commercial Coastal Zoning Districts General Development Standards 21.20.010 – Purposes of Commercial Coastal Zoning Districts The purposes of the individual commercial coastal zoning districts and the manner in which they are applied are as follows: A. CC (Commercial Corridor) Coastal Zoning District. The CC Coastal Zoning District is intended to provide for areas appropriate for a range of neighborhood -serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. B. CG (Commercial General) Coastal Zoning District. The CG Coastal Zoning District is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. C. CM (Commercial Recreational and Marine) Coastal Zoning District. The CM Coastal Zoning District is intended to provide for areas appropriate for commercial development on or near the waterfront that will encourage the continuation of coastal -dependent and coastal -related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor -serving and recreational uses, and encourage physical and visual access to the bay on sites located on or near the bay. D. CN (Commercial Neighborhood) Coastal Zoning District. The CN Coastal Zoning District is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. E. CV (Commercial Visitor -Serving) Coastal Zoning District. The CV Coastal Zoning District is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. F. OG (Office—General) Coastal Zoning District. The OG Coastal Zoning District is intended to provide for areas appropriate for administrative, professional, and medical offices with limited accessory retail and service uses. 21.20.020 – Commercial Coastal Zoning Districts Land Uses A. Allowed Land Uses. Table 21.20-1 indicates the uses allowed within each coastal zoning district. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.20-1 B. Prohibited Land Uses. Any table cell with "—" means that the listed land use is prohibited in that specific coastal zoning district. C. Applicable Regulations. The last column in the tables ("Specific Use Regulations") may include a reference to additional regulations that apply to the use. Land Use See Part 7 of this Implementation Plan for land Specific Use use definitions. Regulations I See Chapter 21.12 for unlisted uses. MISEEIND Handicraft Industry Research and T1_,eve1apment_GeneraL__ . ..:.:<: .ate •: e:��::...., \�•iah \\�:c:: :\ \ \�\•��\\;o\r.�.., \� '\\ \.\\\\\\\.\�\\\:. a.�.\\�\ ��a.��..,\\\� \v., ate, �iv:Z:.\ .\\��.\a VMM'00 .... ,... �., .::sem\.\,. '0 \ \....:: ....,:::\._. �0\... �,\ ,.. , \\�\�: Wig:\\:: \v,.\... \\\s:...ii\\.\� ..\\�..w A`..��,:,:%:\ Assembly/Meeting Facilities Commercial Recreation and ==mom Entertainment . •ls, Public and Private URN \...\:..��?�:;a..\�>;>::`��\�\,\�\\�`\\\�\a���\�'YJ\�:�\\�a\;aa\s'a�a•,.:,\\.�».,:,..�,\w\•.• �. �� .x.�..�\••.:\� sot mi �\�'.;a. \ham77�`\.`�.. \::\. _,\\\\:�.\\•.�:��;���„?.\\\,\, o�a\\a..�a\\\\.a•..�.a.\,�:,.,aw\� �•, �\�\\ �\�.\,\�. ��:: ��:,..\�•\.`...w��.a`��i::a�. Sales (off -sale) Alcohol Sales (off -sale), Accessory Only iSulk merchandise 11AAFTMTEMM, Fl= me, NMI RetailAlcohol - 1111 sq. ===mom Medical Supplies Visitor -Serving Retailoaaaoa ATM A AA A A A Convalescent Facilities — — — — — Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.20-2 Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.20-3 Commercial Coastal Zoning Districts TAS % 21d 9 Xt€,L4Wt55 . . A Allewed Not all 6,d " Land Use See Part 7 of this Implementation Plan for land CC CG CM (3) CN CV (3) OG Specific Use use definitions. Regulations See Chapter 21.12 for unlisted uses. Emergency Health Facility/Urgent Care A (2) A (2) — — A (2) A Financial Institutions and Related A A — A A A Services Offices—Corporate A (2) A (2) A (2) A (2) — A Offices—Business A A I A A I A A Offices—Medical an4DentaI444 A A A Offices—Profession) A (2) A (2) AOutpatient Surgery ) — — A Ambulance Services — — — Animal Sales and Services Animal Boarding/Kennels A A — A — — Animal Grooming A A — A A A Animal Retail Sales A A — A A — Veterinary Services A A — A — A Artists' Studios A A A A A A Catering Services — A A A A Day Care, General A A — EA A A Eating and Drinking Establishments Accessory Food Service (open to A A A A A A public) Fast Food A A A A A A Bars, Lounges, and Nightclubs A A A A A — Food Service A A A A A A Take-Out Service, Limited A A A A A A Funeral Homes and Mortuaries, — A — — — A without crematorium Funeral Homes and Mortuaries, with — A — — — A crematorium Health/Fitness Facilities Small-2,000 sq. ft. or less A A A A A A Large—Over 2,000 sq. ft. A A A A A A Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.20-3 Land Use See Part 7 of this Implementation Plan for land CC use definitions. See Chapter 21.12 for unlisted uses. CG CM (3) CN CV (3) OG Specific Use Regulations Laboratories — A — — — A Maintenance and Repair Services A A — A — A Marine Services Boat Storage — — A — — — Boat Yards — — A — — — Entertainment and Excursion Services — — A — A — Marine Service Stations — — A — A — Water Transportation Services — — A — A — Massage Establishments A A — A A A Massage Services, Accessory A A — A A A Nail Salons A A — A A — Personal Services, General A A — A A A Personal Services, Restricted A A — A A A Studio A A — A A — Postal Services A A — A A A Printing and Duplicating Services A A — A — A Recycling Facilities Collection Facility—Small A A — A — — Visitor Accommodations Bed and Breakfast Inns A A A — A — A — A — — — A — Section 21.48.025 — — A — A A A A Hotels and Motels A A RV Parks — — Time Share Facilities — A SRO Residential Hotel A A Communication Facilities A A A — A A Heliports and Helistops (1) — — — — — — Marinas Chapter 21.30C — Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.20-4 Land Use — I A — I — A — See Part 7 of this Office Only A A A A A Implementation Plan for land CC CG CM (3) CN CV (3) OG Specific Use use definitions. — Vehicles for Hire — A Regulations See Chapter 21.12 for unlisted A — Vehicle/Equipment Repair General — uses. — — — — Limited Marina Support Facilities — — A — A — Parking Facilities A A A A A A Parking Structure, adjacent to A A — A A A — residential coastal zoning district Office Only A A A A Utilities, Minor A A A A A A — Utilities, Major A A A A A A — Wireless Telecommunication Facilities A A A A A A Chapter 21.49 Vehicle/Equipment Rentals General — I A — I — A — Office Only A A A A A A Limited A A A — A — Vehicles for Hire — A — — A — Vehicle/Equipment Repair General — A — — — — Limited A A A — — — Vehicle/Equipment Sales General — A — — — — Office Only A A A A A A Limited — A — — — — Vehicle/Equipment Services Automobile Washing/Detailing, full service — A — A A — Automobile Washing/Detailing, self-service or accessory A A — A A A Service Stations A A — A A — Accessory Structures and Uses A A A A A A Drive -Through Facilities A A A A A A Special Events Section 21.48.095 Outdoor Storage and Display A I A A A I A I A Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.20-5 Land Use See Part 7 of this Implementation Plan for land CC use definitions. See Chapter 21.12 for unlisted uses. CG I CM (3) 1 CN I CV (3) 1 OG Temporary Uses I Section 21.48.105 Specific Use Regulations Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. (2) Above 1st floor only. (3) Priority shall be given to visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal -dependent industry and to coastal -dependent uses over other uses on or near the shoreline. When appropriate, coastal -related developments shall be accommodated within reasonable proximity to the coastal -dependent uses they support. 21.20.030 — Commercial Coastal Zoning Districts General Development Standards New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-2, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards). TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development CC CG CM CN CV OG Additional Requirements Feature Lot Dimensions Minimum dimensions required for each newly created lot Lot Area (1) 5,000 sq. 10,000 sq. N/A 20,000 sq. N/A 5,000 sq. ft. ft ft ft Lot Width 25 ft. 50 ft. N/A 100 ft. N/A 50 ft. Minimum setbacks required for primary structures. See Section 21.30.110(D) (Allowed Encroachments Setbacks into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 0 N/A Side (interior, each): Abutting 0 0 0 0 0 0 nonresidential Abutting 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. residential Side (Street side) 0 0 0 0 0 15 ft. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.20-6 Development Feature Cc CG CM CN CV OG Additional Requirements Rear: Abutting an alley 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 0 Not abutting an 0 0 0 0 0 5 ft. alley Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Bulkhead Setback Structures shall be set back a minimum of 10 ft. from the bulkhead in each coastal zoning district. Floor Area Ratio (2) (3) (4) 0.75 0.75 0.50 0.30 1.50 1.30 Maximum allowable height of structures without discretionary approval. See Section 21.30.060 (Height Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit. 26 ft. with flat roof; less than 3/12 pitch Within Shoreline Height Limit Zone 31 ft. with sloped roof; 3/12 or greater pitch Not within Shoreline 32 ft. with flat roof; less than 3/12 pitch Height Limit Zone 37 ft. with sloped roof; 3/12 or greater pitch Within High Rise Section Height Area (See 21.30.060 Figure H-1, attached 300 to the ordinance codified in this Implementation Plan). Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects. (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) The specific floor area limitations for each coastal zoning district are identified on the Coastal Zoning Map. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.20-7 Chapter 21.22 — Mixed -Use Coastal Zoning Districts (MU -V, MU -MM, MU-CV/15th St, MU -W1, MU -W2) Sections: 21.22.010 Purposes of Mixed -Use Coastal Zoning Districts 21.22.020 Mixed -Use Coastal Zoning Districts Land Uses 21.22.030 Mixed -Use Coastal Zoning Districts General Development Standards 21.22.010 — Purposes of Mixed -Use Coastal Zoning Districts The purposes of the individual mixed-use coastal zoning districts and the manner in which they are applied are provided below. For the purpose of this Implementation Plan, mixed-use projects shall comply with nonresidential standards when no mixed-use standards exist. A. MU -V (Mixed -Use Vertical) Coastal Zoning District. This coastal zoning district is intended to provide for areas appropriate for the development of mixed-use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. B. MU -MM (Mixed -Use Mariners' Mile) Coastal Zoning District. This coastal zoning district applies to properties located on the inland side of Coast Highway in the Mariners' Mile Corridor. Properties fronting on Coast Highway may be developed for nonresidential uses only. Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi -unit residential dwelling units, or mixed-use structures that integrate residential above the ground floor with nonresidential uses on the ground floor. C. MU-CV/15th St. (Mixed -Use Cannery Village and 15th Street) Coastal Zoning District. This coastal zoning district applies to areas where it is the intent to establish a cohesively developed district or neighborhood containing multi -unit residential dwelling units with clusters of mixed-use and/or commercial structures on interior lots of Cannery Village and 15th Street on Balboa Peninsula. Allowed uses may include multi -unit dwelling units; nonresidential uses; and/or mixed-use structures, where the ground floor is restricted to nonresidential uses along the street frontage. Residential uses and overnight accommodations are allowed above the ground floor and to the rear of uses along the street frontage. Mixed-use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots. D. MU -W1 (Mixed -Use Water) Coastal Zoning District. This coastal zoning district applies to waterfront properties along the Mariners' Mile Corridor in which nonresidential uses and residential dwelling units may be intermixed. A minimum of fifty (50) percent of the allowed square footage in a mixed-use development shall be used for nonresidential uses in which marine -related and visitor -serving land uses are mixed as provided in Table 21.22-2. Design of nonresidential space to facilitate marine -related uses is encouraged. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-1 E. MU -W2 (Mixed -Use Water) Coastal Zoning District. This coastal zoning district applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. 21.22.020 – Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements A. Allowed Land Uses. Tables 21.22-1 and 21.22-2 indicate the uses allowed within each coastal zoning district. B. Prohibited Land Uses. Any table cell with "—" means that the listed land use is prohibited in that specific coastal zoning district. C. Applicable Regulations. The last column in the tables ("Specific Use Regulations") may include a reference to additional regulations that apply to the use. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-2 :• � E • Use See Part 7 of this Implementation Plan for land use definitions. Chapter'Land See Handicraft• Industry, Marine -Related Research and Development ., :.,...,�.\�::..;. ..,,.. ..... ;' :. ,., ,., ...\ ::-c-a�.\ � :�� -:; .\r, e: \�:� .�., \ i re. \ n g �N a\\:.\� �\, \� \� .. .; .., , 001 ..,... l. :..... �.... ��\.\ .��\\:3�\`\�F.\�\�. �\�\•.\\�\.�fir•. ��\. Assembly/Meeting Facilities Cultural Institutions11, \\10� \�\\\.��\.\. `�\,\\:.�\�.��� .i.s ��"\i.`\`te?l•.:.\\a. c...:.��»\\\ \.\`.`\\'�. �\\\\\\\�,:f\\���..:.�\:F\\� ��\\. •:. \�\\�\\\\\��.�.'\Ya\: \\.\\\\��::\\\.\\.\. � \�\\\\�\\:�'\�\\. NE 10 I'M .V..\.`O.:\.:.:,:� .xa\�.a`.�o.\�".a�'te \�\`:'\�\\\�\\\ \\\\\\;�\ a\\.\.\�.\\\:"\i,:�,�'.� \"'3'�.'\a`�2\\�\\.�\�, \..\\\\�\\�� Single-UnitDwellings Located on 1 st floor Dwellings Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-2 99999 s e B Land Use I See Part 7 of this Implementation Plan for land use definitions. R4U-CV115th St. (5) (6) Specific Use Regulations See Chapter 21.12 for unlisted uses. Located on 1 st floor Located above 1 st floor Home Occupations Live -Work Lin its z \\\� • '�\ \ ����\\\\� � � \ \ ������� � ��\�\\tea �� ��\�\ . �~�����\\ Adult Day Care \.. \5��\��a�� \ Small (6 or fewer) Small (8 or fewer) Day Care, General Boat Rentals and Sales Marine Retail Sales wzan \\. \ \ F� .. �.. \\ �\\\\o \ : \.� \0 \ \ \ \\\u�\\\\ .a\\\\\ \\x\\11\0 \\\Emergency Health Care/Urgent CareFinancial Institutions and Related ServicesOffices—Medical and Dental10\01111,11 \10\E1 igININAnimal Retail Sales Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.22-3 Land Use See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. MU -V (6) MU -MM (4) MU-CV/15th St. (5) (6) Specific Use Regulations Veterinary Services — A — Artists' Studios A A A Eating and Drinking Establishments Accessory food service (open to public) A A A Fast Food A A A Food Service A A A Take -Out Service, Limited A A A Health/Fitness Facilities Small -2,000 sq. ft. or less A A A Large—Over 2,000 sq. ft A A A Laboratories — — — Maintenance and Repair Services A A A Marine Services Entertainment and Excursion Services A A A Marine Service Stations A — — Personal Services Massage Establishments A A A Massage Services, Accessory A A A Nail Salons A A A Personal Services, General A A A Personal Services, Restricted A A A Studio A A A Postal Services A A A Printing and Duplicating Services A A A Smoking Lounges — — — Visitor Accommodations Hotels, Motels, and Time Shares A A A Section 21.48.025 Bed and Breakfast Inns — A — Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-4 99 B ® • Land Use See Part 7 of this Implementation Plan for land use definitions. MU_CV115t St. (5) (6 Specific See Chapter 21.12 for unlisted uses. \\ r `\\ a\\o��\30\�\\\\\ aa3 Facility ChapterParking 1 Wireless Telecommunication Facilities Chapter 21.49 Vehicle/Equipment Automobile Washing Service Stations !Accessory Structu- . • Uses000 Outdoor... - and Display000 Personal Property S. - 000 ;Special Events Section 1• Temporary. 1 Uses Not Listed. Land uses that are not listed in the table above,particular coastal district,• allowed, except as otherwise provided . • 21.12.0 20 (Rules of Interpretation). Allowed . ..development. (2) Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to nonresidential uses. See Table 21.22-3 (Development Standards for Vertical and Horizontal Mixed -Use Coastal Zoning Districts). __M1 Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-5 Land Use See Part 7 of this Implementation Plan MU -V (6) for land use definitions. See Chapter 21.12 for unlisted uses. MU -MM (4) MU-CV/15th I Specific Use Regulations St. (5) (6) (3) Not allowed on lots at street intersections unless part of a mixed-use or live -work structure. (4) Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in Table 21.22-2. Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi -unit residential dwelling units, or mixed-use structures that integrate multi -unit residential above the ground floor with nonresidential uses on the ground floor. See Table 21.22-3 (Development Standards for Vertical and Horizontal Mixed -Use Coastal Zoning Districts). (5) Mixed-use or commercial structures are required on lots at street intersections and are allowed, but not required, on other lots. (6) Priority shall be given to visitor -serving and recreational uses on the Balboa Peninsula. Assembly/Meeting Facilities Small -5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) A A Commercial Recreation and Entertainment A A Cultural Institutions A A Parks and Recreational Facilities A A Schools, Public and Private A A Single -Unit Dwellings Located on 1st floor — — Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-6 Land Use See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. MU -W1 (3) MU -W2 (5) Specific Use Regulations Located above 1st floor A (1) A (2) Multi -Unit Dwellings Located on 1 st floor — — Located above 1st floor A (1) A (2) Two -Unit Dwellings Located on 1 st floor — — Visitor -Serving Retail Located above 1st floor A (1) A (2) Home Occupations A A (2) Adult Day Care Small (6 or fewer) A A Child Day Care Small (8 or fewer) A A Day Care, General — A Alcohol Sales (off -sale) A A Alcohol Sales (off -sale), Accessory Only A A Marine Rentals and Sales Boat Rentals and Sales A A Marine Retail Sales A A Retail Sales A A Visitor -Serving Retail A A ATMs A A Emergency Health Facilities/Urgent Care — A Financial Institutions and Related Services (above 1st floor A A only) Offices—Business A A Offices—Medical and Dental (above 1 st floor only) — A Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.22-7 Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-8 • A Land Use See Part 7 of this Implementation I use ChapterSee for I Offices—Profession \\�\ \\\.\\ \ \�\�:\\ \\�\��� \\\\\\� \\�\\\\ \\\\\i.\\\\�"c �� \\\\\\\\\\Q.\ Retail Sales Take-OutAnimal Health/Fitness Facilities 000 sq. ft. or less Maintenance . Repair Boat . ,. Boat Entertainment and Excursion Services Marine Service Stations Water Transportation Personal Massage Establishments 1 I 'k,-,m�Z\ ygmm 93, h\\.\.'viiia Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-8 Land Use See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. MU -W1 (3) MU -W2 (5) Specific Use Regulations Parking Facilities A A Communication Facilities A A Heliports and Helistops (4) A A Marinas Chapter 21.30C Marina Support Facilities A A Utilities, Minor A A Utilities, Major A A Wireless Telecommunication Facilities Chapter 21.49 Accessory Structures and Uses A A Outdoor Storage and Display A A Personal Property Sales A A Special Events Section 21.48.095 Temporary Uses Section 21.48.105 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway. (2) May only be located above a commercial use and not a parking use. (3) A minimum of fifty (50) percent of the square footage of a mixed-use development shall be used for nonresidential uses. (4) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. (5) Visitor -serving and recreational uses shall be given priority on Balboa Island and the Balboa Peninsula. 21.22.030 — Mixed -Use Coastal Zoning Districts General Development Standards New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 21.22-1, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-9 TABLE 21.22-3 DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS Development Feature MU -V MU -MM MU-CV/15th St. I Additional Regulations Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area (2) 2,500 sq. ft. 10,000 sq. ft. 5,000 sq. ft. Lot Width (2) 25 ft. 50 ft. 40 ft. Density Range Minimum/maximum allowable density range for residential uses (6) Minimum: 1,631 Minimum: 1,631 Maximum: 2,167 Minimum: 1,631 Lot area required per Maximum: 2,167 For property Maximum: 2,167 unit (sq. ft.) (3) (5) beginning 100 ft. (5) north of Coast Hwy. Floor Area Ratio (FAR) (4) Min. 0.35 Max. Min. 0.25 Max. Min. 0.25 0.50 for 0.50 for Max. 0.50 for Mixed-use development nonresidential nonresidential nonresidential Max. 1.0 for Max. 1.0 for Max. 1.0 for residential. residential. residential. Nonresidential only 0.75 0.50 0.50 Residential only N/A N/A 1.5 The distances below are minimum setbacks required for primary structures. See Section 21.30.110 Setbacks (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 Side 0 0 0 Side adjoining a 5 ft. 5 ft. 5 ft. residential district Rear 0 0 0 Rear adjoining 5 ft. 5 ft. 5 ft. residential district Rear adjoining an alley 10 ft. 5 ft. 10 ft. Bulkhead setback 10 ft. N/A Open Space Common open space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private open space 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) Minimum distance between detached residential structures on same lot. Separation Distance 10 ft. 10 ft. 10 ft. Maximum allowable height of structures without discretionary approval. See Section 21.30.060 (Height Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit. 26 ft. with flat roof, less than 3/12 roof pitch MU -V, MU -MM, and MU-CV/15th St. 31 ft. with sloped roof, 3/12 roof pitch or greater Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-10 Development Feature MU -V MU -MM MU-CV/15th St. Additional Regulations Requirements Fencing Minimum dimensions required for each newly created lot. See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) Lighting Mixed-use structures See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs 2,500 sq. ft. See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., 50 ft. condominium) purposes. (3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or Minimum/maximum allowable density range for residential uses. tidelands are included in land area of the lot. (4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area of structures. (5) The minimum density may be modified or waived through the approval of a coastal development permit. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. (6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Government Code Sections 65915 through 65917. Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. TABLE 21.22-4 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS Development Feature MU -W1 (3) F_ MU -W2 Additional Requirements Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area Mixed-use structures 20,000 sq. ft. 2,500 sq. ft. Non -mixed-use structures 10,000 sq. ft. 2,500 sq. ft. Lot Width Mixed-use structures 200 ft. 25 ft. Non -mixed-use structures 50 ft. 25 ft. Density (4) (7) Minimum/maximum allowable density range for residential uses. Lot area required per unit Minimum: 7,260 sq. ft. Minimum: 1,631 per unit Maximum: 2,167 (6) Floor Area Ratio (FAR) (5) Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-11 Development Feature MU -W1 (3) MU -W2 Additional Requirements Min. 0.35 and Max. 0.5 Min. 0.35 and Max. 0.5 for for nonresidential uses. nonresidential. Mixed-use development Max. 0.5 for residential Max. 0.75 for residential uses. (3) uses. Lido Marina Village Min. 0.35 Max. 1.0 for mixed-use Max. 0.7 for projects nonresidential and 0.8 residential. Nonresidential only 0.5 commercial only (3) 0.5 commercial only The distances below are minimum setbacks required for primary structures. See Setbacks Section 21.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 Side 0 0 Side adjoining a residential district 5 ft. 5 ft. Rear 0 0 Rear residential portion of mixed use N/A 5 ft. Rear nonresidential adjoining a residential N/A 5 ft. district Rear adjoining an alley N/A 10 ft. Bulkhead setback 10 ft. 10 ft. Open Space Minimum 75 square feet/dwelling unit. (The minimum dimension (length and Common open space width) shall be 15 feet.) 5% of the gross floor area for each dwelling unit. (The minimum dimension Private open space (length and width) shall be 6 feet.) Minimum distance between detached structures on same lot. Separation Distance 10 ft. 10 ft. Maximum allowable height of structures without discretionary approval. See Section 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible Height increase in height limit. 26 ft. with flat roof, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping Landscaping) Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs See Section 21.30.065 (Signs). Notes: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-12 Development Feature MU -W1 (3) MU -W2 Additional Requirements (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. (3) A minimum of fifty (50) percent of the square footage in a mixed-use development shall be used for nonresidential uses. (4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands shall be included in land area of the site. (5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of calculating the allowable floor area of structures. (6) The minimum density may be modified or waived through the approval of a coastal development permit. The review authority may only waive or modify the minimum density upon making the finding that the subject property contains unique site constraints that prevent the project from complying with this standard. (7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Government Code Sections 65915 through 65917. Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.22-13 Chapter 21.26 — Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS) Sections: 21.26.010 Purposes of Special Purpose Coastal Zoning Districts 21.26.020 OS, PF, PI, PR, and TS Coastal Zoning Districts Land Uses 21.26.030 OS, PF, PI, PR, and TS Coastal Zoning Districts General Development Standards 21.26.045 Planned Community Coastal Zoning District Land Uses 21.26.055 Planned Community Coastal Zoning District Property Development Standards 21.26.065 Planned Communities Without Development Plans 21.26.075 Subsequently Adopted and Other Planned Communities 21.26.010 — Purposes of Special Purpose Coastal Zoning Districts The purposes of the individual special purpose coastal zoning districts and the manner in which they are applied are as follows: A. OS (Open Space) Coastal Zoning District. The OS Coastal Zoning District is intended to: Provide areas to maintain and protect the community's natural open space resources; and 2. Maintain and protect landscaped open space areas located within residential and nonresidential developments, where no further development is allowed. B. PC (Planned Community) Coastal Zoning District. The PC Coastal Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while maintaining the spirit and intent of this Implementation Plan; and to include a variety of land uses, consistent with the Coastal Land Use Plan, through the adoption of a development plan and related text that provides land use relationships and associated development standards. C. PF (Public Facilities) Coastal Zoning District. The PF Coastal Zoning District is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools. D. PI (Private Institutions) Coastal Zoning District. The PI Coastal Zoning District is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for assembly/meeting facilities (e.g., religious assembly), Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-1 congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. E. PR (Parks and Recreation) Coastal Zoning District. The PR Coastal Zoning District is intended to provide for areas appropriate for land used or proposed for active public or private recreational use. Allowed uses include aquatic facilities, golf courses, marina support facilities, parks (both active and passive), private recreational facilities, tennis clubs and courts, and similar recreational facilities. F. TS (Tidelands and Submerged Lands) Coastal Zoning District. The TS Coastal Zoning District is intended to protect, maintain, and enhance the natural resources of the tidelands and submerged lands under the jurisdiction of the City of Newport Beach in a manner consistent with the Tidelands Trust. 21.26.020 – OS, PF, PI, PR, and TS Coastal Zoning Districts Land Uses A. Allowed Land Uses. Table 21.26-1 indicates the uses allowed in the OS, PF, PI, and PR Coastal Zoning Districts. Allowed uses in the TS Coastal Zoning District uses are subject to the Common Law Public Trust, which limits uses to navigation, fishing, commerce, public access, water -oriented recreation, open space and environmental protection (see Section 21.48.085). B. Prohibited Land Uses. Any table cell with "—" means that the listed land use is prohibited in that specific coastal zoning district. C. Applicable Regulations. The last column in the tables ("Specific Use Regulations") may include a reference to additional regulations that apply to the use. ----------------- Land Use See Part 7 of this Implementation Plan for land use Specific Use definitions. Regulations See Chapter 21.12 for unlisted uses. 11-i "Offiffl- 21 `: :.. \ c\\Q.\aaQ`'•3a\\\..::.�V?�\�:a.Y�\\;.:v�.:.� o .\..tea\\�i.�\.�\�:••:a HE EM 'MMSM \ \V« <,..\INE\ \��\�\11 a�\ Assembly/Meeting Facilities • • MEMO. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-2 Land Use See Part 7 of this Implementation Plan for land use Specific definitions. some Regulations See Chapter 21.12 for unlisted uses. Congregate Care Home Cinvafescent Facilities Day Care, General Emergency Health Facility/Urgent Care Residential Care, Accessory Use Only EM 10111, : �., Alcohol Sales (on -sale), Accessory WHENNIM \\,\ Accessory(open . public) 0000 Emergency -Shelters0000 _ _ .aovo Parking Facilities, Accessory O aovo and Helistops (1) MarinaHeliports .... _ aovo _0000 Utilities,Major0000 OO \\\�`���\ S\�i5��Accessory Structures and Uses Sg,acial Events 1• Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-3 21.26.030 — OS, PF, PI, PR, and TS Coastal Zoning Districts General Development Standards A. PI Coastal Zoning District. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 21.26-2, in addition to the development standards in Part 3 of this Implementation Plan (Site Planning and Development Standards). B. Other Special Purpose Coastal Zoning Districts. Except for the PI and PC Coastal Zoning District, the development standards for all other special purpose coastal zoning districts shall be established during review of the required coastal development permit. TABLE 21.26-2 DEVELOPMENT STANDARDS FOR PUBLIC INSTITUTIONAL ZONING DISTRICT Development Feature PI Additional Requirements Lot Area N/A Setbacks Minimum setbacks shall be established by the applicable coastal development permit. See Section 21.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Floor Area Ratio As specified on the Coastal Zoning Map. Height See Section 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit. Within Shoreline Height Limit Zone 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch. Not within Shoreline Height Limit Zone 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch. Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and Section 21.30.085 (Water Efficient Landscaping) Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-4 Development Feature PI Additional Requirements Lighting See Section 21.30.0 70 (Outdoor Lighting). Parking See Chapter 21.40 (Off -Street Parking). Signs See Section 21.30.065 (Signs). Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal zone Subdivisions). 21.26.045 – Planned Community Coastal Zoning District Land Uses A. Allowed Land Uses. Tables 21.26-3 through 21.26-8 indicate the uses allowed in the Planned Community Coastal Zoning Districts. B. Prohibited Land Uses. Any table cell with "—" means that the listed land use is prohibited in that specific coastal zoning district. C. Applicable Regulations. The last column in the tables ("Specific Use Regulations") may include a reference to additional regulations that apply to the use. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-5 Land Use See Part 7 of this Implementation Plan for land Specific Use use definitions. Regulations See Chapter 21.12 for Multi -Unit Dwellings Home Occupations Accommodations,Visitor Short -Term Lodging mm ON Utilities, Minor Utilities, Major . oaaaooaChapter Accessory Structures and Uses A A A A A A — Personal Property Sales — A — A A A — Special Events Section 21.48.095 Temporary Uses Section 21.48.105 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) Subject to approval of the Planning Director after a determination that the parking provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-6 Use See Part 7 of this Implementation Specific Use definitions.Land Plan for land use Regulations See Chapter 21.12 for unlisted NOR Single -Unit Dwell i ngs—Attached Single -Unit 1wellings—Detached Multi -Unit Dwellings Short -Term Lodging � a ,-\. \\,�:�\\.\\\\ .\ ��: �,\inn:: �;�:\\ � ::.� :\`. \.\\ \•\.: \� Z;��\��:.. �,: �a��� ,�\\.�..v�\\\�\\c\\\\\�..\\'a�.,�\ Eating . and Drinking Establishments000000 Health/Fitness- 000000 . - .. • - 000000 " ,.. \ \, \\� .0IN Heliports and Helistops (1) Chapter 21.30C Marina Support Facilities INURMEMITAISTOTM Utilities, Major EE .\, \,\. NINON`1`0Automobile Was ing/D taiing, full service Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.26-7 Land Use See Part 7 of this Implementation PC -32 PC -39 PC -37 (1) Specific Use Plan for land use definitions. Regulations See Chapter 21.12 for unlisted Area 2 Area 4 Area 6 Area 1 Area 2 uses. Wireless Telecommunication Facilities A A A A A A Chapter 21.49 Accessory Structures and Uses A A A A A A Personal Property Sales A — — — A — Special Events Section 21.48.095 Temporary Uses Section 21.48.105 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) Priority shall be given to visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal -dependent industry and to coastal -dependent uses over other uses on or near the shoreline. When appropriate, coastal -related developments shall be accommodated within reasonable proximity to the coastal -dependent uses they support. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-8 'Land Ise See Part 7 of this Implementation Specific Use Plan for land use definitions. Regulations See Chapter 21.12 for unlisted ®® Congregate Care Home Convalescent Facilities Residential Care Facilities Two -Unit Dwellings Multi -Unit Dwellings Accessory Dwelling Units Home Occupations NINE ,Emergency Health Facility/Urgent Care Financial Institutions . Related Services • Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-9 Land Use See Part 7 of this Implementation PC -41 PC -38 PC -40 Specific Use Plan for land use definitions. Regulations See Chapter 21.12 for unlisted Area 1 Area 2 Area 3 uses. Utilities, Minor A A A — — Utilities, Major A A A — — Wireless Telecommunication Facilities A A A — — Chapter 21.49 owl Accessory Structures and Uses A A A — — Drive -Through Facilities — A (2) — — — Personal Property Sales — — A I — — Special Events Section 21.48.095 Temporary Uses Section 21.48.105 Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) Limited retail sales and services of a convenience nature. (2) Limited to restaurants and drive -up teller units. (3) The Newport North view park is intended to be passive in nature, characterized by low intensity usage such as hiking, bicycling and informal recreation. Use See Part 7 of this Implementation definitions.Land Plan for land use Specific Use Regulations See_ Chapter 21.12 for unlisted ®®®® \�\��INE y\\ ��\ Marine and Wildlife Preserves Parks and Recreational Facilities \ � a `\\..�a.....€»�\a,..�<. .., RIM �G Minor Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.26-10 Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-11 Land Use See Part 7 of this Implementation Specific Plan for land use definitions. Chapter ®®® IN E 110 \ \. k a:•\ .\\�\;�����\ma 01, .., '11 \�\\ Section 21.48.065 Marine and Wildlife Preserves Section 21.48.075 1 Chapter 0: arks and Recreational Facilities El NE IN Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-11 Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-12 Use See Part 7 of this Implementation Plan for land use definitions. unlistedLand See Chapter 21.12 for Two -Unit Dwellings Accessory Dwelling Units \.\ \ \�� \yam\\ �\\ \\\� ..\ 11 '1011 1 � \� \ \ �.�\\\�'Y.�\\\ Z\\\ \\\sem �. \, \\ \\�a�\ \\a�\ C\NOR ss NNOM \\\�'a\\ \\ \a\\'�\ Marina Support Facilities Parking Facilities Minor Utilities, Major MENEM Chapter 21.49 NE WN Om Vehicle/Equipment Services Automobile Washing/Detailing, full service ..\ \ '\��•` `�\ \\�y`�.\„� \a` \\101,101011 �\ ��a �� 1\\\\ ��\`te\\\\� \\:a. r\\ \ \\o\e:\\�\i. te\\\\\\\\\\\ �\\\\j�\\\\\aD��'�.\ @\`a � Structures and Uses Personal Property Sales SpecialAccessory • 1• Tem�pirary• 1 Not Listed. Land district,Uses • • "• except otherwise • • •"• by • 21.12.0 20 (Rules of • - Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-12 Land Use See Part 7 of this Implementation PC -43 PC -45 Specific Plan for land use definitions. Use Regulations See Chapter 21.12 for unlisted Area 1 Area 2 Area 3 Area 4 Area 1 Area 2 uses. (1) Accessory use only. (2) Priority shall be given to visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation over other commercial uses, except for agriculture and coastal -dependent industry and to coastal -dependent uses over other uses on or near the shoreline. When appropriate, coastal -related developments shall be accommodated within reasonable proximity to the coastal -dependent uses they support. LanrAllse See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted nffiolo 01,1111, 00 Assembly/Meeting Facilities Tennis Courts iw; �„.. . \��._.�. . ;. ,�.��� \,.. \ \� \.,�\.� a . �\ �\\ter\._,\ 10 nm­ .\ \..�:\�\�\....�..., Single -Unit Dwell i ngs—Detached Multi -Unit Dwellings Visitor11 • ••. Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.26-13 Land Use See Part 7 of this Implementation PC-47 Specific Use Plan for land use definitions. PC-54 PC-55 Regulations See Chapter 21.12 for unlisted Golf I Golf Tennis Bungalows uses. Course lClubhousel Club I & Villas Vehicle/Equipment Services Automobile Washing/Detailing, full — A (1) — — — — service Accessory Structures and Uses A A A A A A Personal Property Sales — — — — A A Special Events Section 21.48.095 Temporary Uses Section 21.48.105 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) Ancillary to golf clubhouse only. (2) Ancillary to the tennis club only. 21.26.055 — Planned Community Coastal Zoning District Development Standards A. Relationship to Other Property Development Regulations. Property development regulations applicable to residential, commercial, industrial, and mixed-use districts shall also apply to corresponding portions of PC Districts, unless specifically waived or modified by subsections (B) through (P) of this section. Where conflict in provisions occurs, the regulations specified in this chapter or in the development plan(s) approved in compliance with this chapter shall apply. B. Newport Harbor Lutheran Church (PC -2) 1. Density/Intensity. 40,000 sq. ft. 2. Setbacks. a. Front (Dover Drive): i. Ten (10) feet from new property line occurring between City Parking Lot and the Church parking lot. ii. Surface parking setback shall be a minimum of five (5) feet. Newport Beach LCP Implementation Plan – CC Draft 1 Page 21.26-14 iii. Fences and walls shall not exceed six (6) feet in height within the front yard setback and shall comply with the requirements of Section 4 below. b. Side: Twenty (20) feet from existing property line along Castaway Lane. Landscaping, planters, walls, fencing, trellises, pergolas, parking spaces and driveways shall be allowed within the setback area subject to a 10 -foot height limit. Non -habitable architectural features (e.g., trellis, awning, bay window) may encroach up to five (5) feet into the required side yard setback. C. Rear (Newport Harbor Lutheran Church Development): Building setback from the rear property line shall be a minimum of ten (10) feet from the new property line. No solid fencing or walls greater than three (3) feet in height shall be permitted within the rear yard setback. Transparent windscreens may extend up to eight (8) feet above grade. 3. Height. Building Height limit shall be limited to the height of the existing Sanctuary. Building Tower and Crosses shall be permitted to exceed the Building Height limitation but shall be limited to a maximum height of sixty-five (65) feet. 4. Parking. Uses shall not generate parking needs beyond the 163 spaces provided. C. North Ford Planned Community (PC -5) Density/Intensity. 300 dwelling units. 2. Setbacks. The following minimum setbacks shall apply to all structures (not to include garden walls or fences) adjacent to streets: a. Setbacks from streets. Said setbacks shall be measured from property line to the ultimate right-of-way line. (1) Jamboree Road/Freeway Ramp: 25 feet. (2) University Drive South: 20 feet. (3) Private Streets and Drives: 5 feet. (4) Collector Streets: 15 feet. No structures or open parking shall be permitted in setback areas from Jamboree Road, and University Drive South, or in areas that would block sight distance at major street corners and along major street curves, unless otherwise approved by the City Traffic Engineer. b. Setbacks — Garages. Garages with direct access to streets or drives may be setback either from 5 to 7 feet average or a minimum average of 20 feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. C. Setbacks from other property lines and structures. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-15 (1) A minimum setback of 5 feet is required from all other property lines. (2) All main residential structures on the same lot shall be a minimum of 8 feet apart. This shall be measured from face of finished wall. Setback exceptions. Architectural features, such as not limited to cornices, eaves, and wing walls may extend 2.5 feet into any front, side or rear setback. 3. Lot coverage. The maximum building site area permitted in this PC District shall be full coverage, less required front, side and rear setbacks. 4. Height. a. The maximum height of all buildings shall be 35 feet. One architectural tower shall be permitted with a maximum allowable foot print of 25 feet by 25 feet, a maximum allowable height of 55 feet, and shall maintain the following minimum setbacks from the ultimate right-of-way line of surrounding streets: (1) Jamboree Road: 100 feet (2) University Drive South: 100 feet 5. Fencing. Fences shall be limited to maximum height of 8 feet, except within street setback areas where fences, hedges and walls shall be limited to 3 feet. Wing walls, where an extension of a residential or accessory structure is to be constructed, may be 8 feet in height. 6. Landscaping. Project edges adjacent to University Drive South and Jamboree Road shall be enhanced with landscaped berms and undulating walls. Varying building setbacks are also encouraged to create soft project edges. In order to reduce the perception of building mass along perimeter roadways and San Diego Creek, three story building elements shall be setback a minimum of 5 feet and average 15 feet in addition to the required setback. Where three-story buildings do occur, one and two-story elements should be incorporated into the building composition in order to reduce bulk and mass. 7. Parking. A minimum of 1.87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth), in a manner acceptable to the City Traffic Engineer. D. Sea Island Planned Community (PC -21) Density/Intensity. 226 dwelling units. 2. Setbacks. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-16 a. Setbacks from public streets. A minimum setback of 20 feet shall apply to all structures adjacent to public streets; except that tennis courts, balconies and patios may encroach six 6 feet into the required setback. Setbacks shall be measured from the ultimate right-of-way line. b. Setbacks from Property Lines and Other Structures. (1) The minimum setback excluding fences and walls shall be 5 feet from all property lines. (2) All main residential structures shall be a minimum of 8 feet apart measured from face of finished wall to face of finished wall. (3) Garages, carports, and other uninhabited structures shall be separated from main residential structures a minimum of 8 feet measured from face of finished wall to face of finished wall. (4) Garages, carports, and other uninhabited structures may be attached or separated from one another in accordance with the provisions of the Newport Beach Building Code and Fire Marshall requirements. (5) Direct access garages shall be setback not more than 5 feet or less than 20 feet. C. Setback exceptions. Architectural features, limited to cornices or eaves, may extend 2.5 feet into any front, side or rear setback. 3. Lot coverage. The maximum site coverage permitted shall be 50 percent of the net site area. For purposes of this ordinance, site coverage shall include all areas under roof but shall not include trellis areas. 4. Height. 32 feet for flat roofs and 50 feet for sloped roofs. 5. Fencing. Fences and walls shall not exceed 6 feet and such fences and walls are permitted within the required setbacks. 6. Parking. A minimum of 2 parking spaces per unit shall be required of which a minimum of one parking space per unit shall be covered The parking spaces required for any unit and/or any cluster of units shall be located in the immediate vicinity of said units, i.e., within convenient walking distance. Where a fractional figure remains in computations made to determine the number of required off-street parking spaces, said fraction shall be rounded upward to the nearest whole number. E. Westcliff Grove Planned Community (PC -22) 1. Lot Area. 5,000 sq. ft. minimum. 2. Density/Intensity. 29 dwelling units. 3. Setbacks. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-17 a. Front. 20 feet. b. Side. 5 feet. C. Rear. 10 feet. d. Setback exceptions. Architectural features, limited to cornices or eaves, may extend 2.5 feet into any front, side or rear setback. 4. Lot coverage. 60 percent maximum. 5. Height. 24 feet for flat roofs and 28 feet for sloped roofs. 6. Fencing. Fences shall be limited to a maximum height of 7 feet, except within the front setback where fences, hedges and walls shall be limited to 3 feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be 8 feet in height. At street intersections, no such appurtenance shall exceed 3 feet in height above street pavement grade within the triangle bounded by the right-of-way lines and a connecting line drawn between points 30 feet distant from the intersection of the right-of-way lines prolonged. 7. Trellis. a. Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within 3 feet of the side or rear property line. In side setbacks, the maximum height shall be 8 feet. b. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. C. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 8. Parking. 2 per unit in a garage. F. Corona del Mar Homes Planned Community (PC -29) 1. Density/Intensity. 12.9 dwelling units per buildable area; 40 dwelling units maximum. 2. Setbacks. a. Front. 15 feet on Dahlia; 10 feet on Carnation. b. Side. 3 feet on lots 40 wide or less; 4 feet on lots wider than 40 feet. C. Rear. 2.5 feet. d. Setback exceptions. (1) Eaves may extend 2.5 feet into the required front setback. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-18 (2) Two car garages with direct access shall be set back 2 1/2 feet from the 20 foot alley easement. 3. Height. 24 feet for flat roofs and 28 feet for sloped roofs. 4. Fencing. Fences shall be limited to a maximum height of 6 feet and shall not be allowed above 3 feet in the front setback. No fences or other obstructions shall be permitted in the 2.5 foot rear setbacks adjacent to the alley. 5. Trellis. a. Open trellis and beam construction shall be permitted to attach to the garage or the dwelling structure. Trellises in side setback areas may extend from the garage or the dwelling structure to the property line if they are open on three sides. Beams supporting trellises may also be located in side setbacks, but in no case shall trellises or supports extend beyond a property line into side easements. In side setbacks, the maximum height of trellises and supports shall be 9 feet. Trellis areas shall not be considered in calculating lot area coverage; trellis areas in the side setback shall not exceed 250 sq. ft. C. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parking. Except for Lots 1 and 2 of Block 531, Corona del Mar which shall provide 2 covered parking spaces for each dwelling unit, a minimum of 3 parking spaces per single unit detached dwelling unit shall be required, of which a minimum of 2 will be covered. The third parking space, when provided, will be considered guest parking. A minimum of 2 parking spaces per single unit attached unit shall be required, at least one of which shall be covered. Use of northeasterly side easements by owners and occupants of lots to the Northeast. a. The northeasterly side yard of any lot shall be used only for a portion of a required guest parking space, a walkway, or for recreational and garden area purposes by the owner or occupant of the lot adjacent to the northeast, herein known as the "User". Such purpose shall include the right of each User to plant vegetation and establish an irrigation system on the side yard easement, and to erect pools and spas subject to first obtaining any required building permits. No building permit shall be issued to the User or the User's agent for construction in northeasterly side yard easements unless evidence is submitted that an agreement between the User and the Owner, to include their successors in interest, has been recorded, which agreement provides for the improvements specified under the building permit. No pool, spa or air conditioning equipment shall be permitted on said side yard easement by the User. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-19 b. The northeasterly side yard easement and every part thereof, including the fence enclosing the side yard easement and the drainage system established by the Developer (other than drainage pipes or vents appurtenant to the dwelling unit occupying the lot of which the side yard easement is legally a portion), shall be repaired, replaced and maintained continuously in a neat and orderly condition by the User. C. The legal owner of any side yard shall have the right, at reasonable times, upon reasonable notice and in a reasonable manner, to enter upon the side yard for the purpose of maintaining, repairing or restoring the structural wall of said owner's dwelling unit, the structure of which is a part, the rain gutters and downspouts attached to said dwelling unit and, any fence belonging to said owner which adjoins or abuts the side yard. G. Villa Point Apartments Planned Community (PC -30) Density/Intensity. 1,500 sq. ft. per dwelling unit; 228 dwelling units maximum. 2. Setbacks. a. Setback from streets. (1) East Coast Highway: 20 feet. (2) Backbay Drive: 10 feet. (3) Jamboree Road: 20 feet. b. Interior lot lines with adjoining properties. 5 feet 3. Separation distance. 10 feet minimum distance between detached residential structures on same lot.. 4. Height. a. 32 feet. b. One architectural tower shall be permitted with a maximum allowable foot print of 14 feet by 14 feet, a maximum allowable height of 40 feet, and shall maintain the following minimum setbacks from the surrounding streets: (1) East Coast Highway: 200 feet. (2) Jamboree Road: 500 feet. (3) Backbay Drive: 40 feet. 5. Fencing. Fences and walls shall not exceed 8 feet. 6. Parking. 2 spaces per dwelling unit; 1 covered. H. Bayview Community (PC -32) 1. Area 2 (Single -Family Residential). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-20 a. Density/Intensity. 2,975 sq. ft. per dwelling unit. b. Setbacks. (1) Front. (a) Where garages face the street, the front yard setback shall be a minimum of 5 feet from back of curb or in the event sidewalks are constructed, minimum of 5 feet from back of sidewalk. (b) Where garages face the alley the front setback shall be a minimum of 8 feet from back of curb or in the event sidewalks are constructed, minimum of 8 from back of sidewalk. (2) Side. 10 feet (3) Rear. (a) 8 feet for garages facing a street (b) 15 feet from centerline of alley for garages facing an alley (4) Setback exceptions. Architectural features, such as but not limited to cornices, eaves, fireplaces, bay windows and wingwalls, may extend 2.5 feet into any front, side or rear setback. C. Separation distance. 10 feet minimum distance between detached residential structures on same lot. d. Height. 35 feet. e. Fencing. 8 feet; 3 feet within the front setback. f. Trellis. Open trellis and beam construction, and patio covers where reciprocal side yard easements exist, shall be permitted within feet of a residential structure on adjacent property. Trellis and beam construction and patio covers shall be permitted to extend to within 3 feet of the residential dwelling on the adjacent property if the structure is open on three sides and the total area is 400 square feet or less. Where a corner dwelling exists adjacent to a private street or drive, open trellis and beam construction and patio covers shall be permitted to extend within 3 feet of a property line except in such cases where an intervening wall exists, such structure may not extend beyond said wall. Limited to 9 feet in height. g. Parking. 2 covered spaces per dwelling unit. 2. Area 4 (Hotel Site). a. Density/Intensity. 300 room maximum b. Setbacks. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-21 (1) Front: 5 feet; 10 fronting a street. (2) Side: 0 feet; 10 fronting a street. (3) Rear: 0 feet; 10 fronting a street. C. Height. 90 feet; an additional 15 feet height extension is permitted only to accommodate and screen rooftop mechanical equipment. 3. Area 6 (Buffer). a. Setbacks. 20 feet from all property lines b. Height. 18 feet I. Castaways Marina (PC -37) 1. Density/Intensity. 0.3 FAR; 70 slips 2. Setbacks. 35 feet from West Coast Highway and Dover Drive 3. Height. 26 feet 4. Parking. 0.75 spaces per slip J. Hoag Hospital Lower Campus (PC -38) 1. Density/Intensity. 577,899 sq. ft. maximum 2. Setbacks. See Development Criteria Plan provided in Part 8 of this Implementation Plan (Maps) 3. Height. See Development Criteria Plan provided in Part 8 of this Implementation Plan (Maps) 4. Parking. a. Outpatient Services: 2.31 spaces per 1,000 sq. ft. b. Support: 0.0 spaces per 1,000 sq. ft. C. Administrative: 5.3 spaces per 1,000 sq. ft. d. Residential Care: 1.0 spaces per 1,000 sq. ft. e. Medical Offices: 4.0 spaces per 1,000 sq. ft. f. Inpatient: 2.35 spaces per 1,000 sq. ft. K. Bayview Landing (PC -39) Density/Intensity. 120 senior dwelling units; or 10,000 sq. ft. restaurant, bar or nightclub; or 40,000 sq. ft. health club. In the event senior residential is developed on this site, 30,000 S.F. of retail may be transferred to Fashion Island. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-22 L. Corporate Plaza West (PC -40) 1. Density/Intensity. 159,688 sq. ft. maximum 2. Height. 32 feet M. Newporter North (PC -41) 1. Lot Dimensions. 2. Density/Intensity. 212 dwelling units 3. Setbacks. a. Front. 10 feet; garages with direct access shall be setback from 5 to 7 feet average or a minimum average of 20 feet and a minimum of 18 feet. b. Side. 5 feet c. Rear. 10 feet; structures, other than walls and fences, along the public bluff top area shall be setback a minimum distance of 20 feet from property line. d. Coastal bluff setbacks. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than 40 feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. e. Setback exceptions. Decks and balconies greater than 18 inches above grade may extend into the rear yard setback up to 3 feet. 4. Height. 32 feet 5. Fencing. Fences shall be limited to a maximum height of 8 feet. Wing walls, where an extension of a residential or accessory structure, may be 6 feet in height. 6. Parking. 2 in a garage and 2 guest spaces per dwelling unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth). N. Upper Castaways (PC -43) — Area 1 1. Density/Intensity. 151 dwelling units maximum 2. Setbacks. a. Setbacks from streets. 35 feet from Dover Drive b. Front. 10 feet; garages with direct access shall be setback from 5 to 7 feet average or a minimum average of 20 feet and a minimum of 18 feet. C. Side. 5 feet Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-23 d. Rear. 10 feet; structures, other than walls and fences, along the public bluff top area shall be setback a minimum distance of 20 feet from property line. e. Coastal bluff setback. The property line setback from the edge of a bluff shall be located no closer to the edge of the bluff than the point at which the top of the bluff is intersected by a line drawn from the solid toe of the bluff at an angle of 26.6 degrees to the horizontal. In no case shall a property line be located closer than 40 feet from the edge of a bluff or any eroded area of the bluff unless the area is restored. Setback exceptions. Decks and balconies greater than 18 inches above grade may extend into the rear yard setback up to 3 feet. 3. Height. 32 feet 4. Fencing. Fences shall be limited to a maximum height of 8 feet. Wing walls, where an extension of a residential or accessory structure, may be 6 feet in height. 5. Parking. 2 in a garage and 2 guest spaces per dwelling unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20 feet in depth). O. Balboa Bay Club (PC -45) Area 1 (Club Facility). a. Density/Intensity. 157 rooms; 240,000 sq. ft. of floor area b. Setbacks. (1) Front (West Coast Highway). 50 for buildings; 5 feet for surface parking (2) Side. 150 feet along the Bayshores property line; landscaping, planters, walls, fencing, trellises, pergolas, parking spaces and driveways shall be allowed within the setback area subject to a 10 -foot height limit. Non -habitable architectural features (e.g., trellis, awning, bay window) may encroach up to 5 feet into the side setback. (3) Rear (Bayfront). 10 feet from the U.S. Bulkhead Line. C. Height. 35 feet measured from 11.50 feet MSL. Architectural features in excess of the height limit may be approved by the Planning Commission. d. Fencing. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-24 (1) Front (West Coast Highway. Fencing shall be predominantly an open design (e.g., wrought iron) so as to maintain public views of the marina and the bay from West Coast Highway. (2) Rear (Bayfront). No solid fencing or walls greater than 3 feet in height shall be permitted within the rear setback. Transparent windscreens may extend up to 8 feet above grade. 2. Area 2 (Lodging Facility). a. Density/Intensity. 144 dwelling units; 247,402 sq. ft. of floor area b. Setbacks. (1) Front (West Coast Highway). 15 feet (2) Side. 15 feet (3) Rear (Bayfront). 10 feet from U.S. Bulkhead Line C. Floor Area Limit. d. Height. 35 feet e. Parking. 1.5 spaces per dwelling unit P. Newport Beach Country Club (PC -47) 1. Golf Club. a. Density/Intensity. 18 -hole golf course; the maximum allowable gross floor area for a golf clubhouse building shall be 56,000 square feet, exclusive of any enclosed golf cart storage areas ramp and washing area. The greens keeper/maintenance buildings, snack bar, separate golf course restroom facilities, starter shack, and similar ancillary buildings are exempt from this development limit. b. Height. 50 feet C. Fencing. Golf Course perimeter fencing shall be wrought -iron with a maximum permitted height of 6 feet. d. Parking. (1) Golf Course: 8 spaces per hole (2) Golf Clubhouse: (a) Dining, assembly & meeting rooms: 1 per 3 seats or 1 per 35 sq. ft. (b) Administrative Office: 4 per 1,000 sq. ft. (c) Pro Shop: 4 per 1,000 sq. ft. (d) Maintenance Facility: 2 per 1,000 sq. ft. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-25 (e) Health and Fitness Facility: 4 per 1,000 sq. ft. 2. Tennis Club. a. Density/Intensity. 7 tennis courts; 3,725 sq. ft. clubhouse b. Height. 30 feet for clubhouse C. Parking. 28 spaces 3. The Villas. Density/Intensity. 5 single-family dwelling units Villa Villa A Villa B TTM Villa C TTM Villa D TTM Villa E Designation TTM Lot #1 Lot #2 1 Lot #3 1 Lot #4 TTM Lot #5 Lot Size 5,000 square feet minimum Lot Coverage 70% 65% 55% 40% 55% Maximum Building Height 35 feet Building Side 3 feet minimum Setbacks Building Front and 5 feet minimum Rear Setbacks Enclosed Parking Space for Each 2 2 3 3 2 T Unit I Open Guest One space - could be located on the private driveway — No Parking Space for overhang to the private street/cul-de-sac is allowed Each Unit 4. The Bungalows. a. Density/Intensity. The maximum allowable number of the Bungalows shall be 27 short-term guest rental units. The maximum allowable gross floor area for the bungalows shall be 28,300 square feet with a 2,200 square foot concierge and guest center and a 7,500 square -foot spa facility. b. Setbacks. 5 feet from any property line. C. Height. 31 feet d. Parking. 34 parking space Q. Santa Barbara Residential (PC -54) 1. Density/Intensity. 79 dwelling units. 2. Setbacks. a. Front. 15 feet b. Side. 7 feet C. Rear. 13 feet. d. Parking Structure. 3 feet for each 1 foot or fraction thereof that the parking structure extends above adjoining grade. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-26 3. Floor Area Limit. 1.9 FAR 4. Height. 65 feet 5. Lower-cost Visitor Mitigation Fee. Mitigation fees for the protection, enhancement and provision of lower-cost visitor serving uses at Crystal Cove State Park to off -set the loss of the priority land use in Newport Center were paid in accordance with the terms and conditions of Coastal Development Permit No. 5-07-085. R. Bayside Residential (PC -55) 1. Lot Area. 5,500 sq. ft. 2. Density/Intensity. 17 single-family detached dwelling units. 3. Setbacks. Perimeter Setback Exhibit" dated September 19, 2007. 4. Floor Area Limit. 1.75 x the maximum buildable area and not including maximum 400 sq. ft. attributable to required, enclosed parking. 5. Height. The baseline for measuring height shall be finished grade. The maximum permissible height of any dwelling shall be 28 feet to the mid -point of a sloping roof or to the top of a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a roof -top deck is proposed, the height of any protective railing shall be no higher than 28 feet. The maximum permissible height of any accessory structure shall be 12 feet. 6. Fencing. Fences, hedges and walls shall be limited to 3 feet in height in all front yard setbacks and within rear yard setbacks of the waterfront lots (3-15). Fences, hedges, and walls shall be limited to 6 feet in height in all other rear yards, and side yards, including the perimeter wall at Bayside Drive. Exceptions: a. Hedges along the perimeter wall along Bayside Drive shall be limited to 12 feet in height. b. Open-work walls and fences that are 90 percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of 6 feet in height are permitted at the side property line of each waterfront lot (Lots 3-15) and extending into the rear yard from the setback line to the waterfront property line. C. Walls that extend in the same plane as the front (driveway street -side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to 12 feet in height. 7. Parking. A minimum of 2 garage parking spaces shall be provided per dwelling. In addition, a minimum of 2 parking spaces (side-by-side, not tandem) shall be provided on the driveway to each garage of each single-family dwelling. A total of Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-27 19 curb -side parking spaces shall be provided on the street that provides access to each buildable lot. 21.26.065 — Planned Communities Without Development Plans A. Lido Peninsula (PC -6). Land uses and development limits are established by use permits and the polices of the Coastal Land Use Plan. 1. 630-670 Lido Park Drive (CM Area). a. Land Use. Land uses allowed within the CM Coastal Zoning District (Table 21.20-1). b. Intensity. Floor area to land area ratio of 0.5 2. Cannery Village - 700 Lido Park Drive (RM Area). a. Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1). b. Density. 34 dwelling units. 3. Lido Peninsula Resort (RM Area). a. Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1). b. Density. 217 dwelling units. 4. Lido Peninsula Commercial (CM Area). a. Land Use. Land uses allowed within the CM Coastal Zoning District (Table 21.20-1). b. Intensity. 139,840 sq. ft. of floor area. B. Newport Dunes (PC -48). Land uses and development limits are established pursuant to the Newport Dunes Settlement Agreement. 1. Family Inn. A 275 -room "Family Inn"), not exceed 500,000 square feet of gross floor area. 2. Interim Dry Boat Storage. Up to 450 dry boat storage spaces as an interim use and pending construction of the Family Inn. 3. Restaurant Uses. Up to 32,000 square feet of net public area of restaurant facilities. 4. Commercial Uses. Up to 12,000 square feet of gross floor area for commercial, office, storage or retail uses. 5. RV Spaces and Facilities. A 444 -space recreational vehicle park with recreation vehicle support center, including a convenience store, equipment rental facility, a recreation/meeting room, clubhouse, restrooms, showers, laundry facility, storage, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-28 swimming pool, and maintenance facility. The recreational vehicle park spaces may be used to provide campground areas and alternative recreational vehicles as a means of providing alternative and lower cost overnight accommodations. 6. Boat Slips/Marina. A 430 -boat slip marina. 7. Marina Clubhouse and Storage. Up to 9,600 square feet of floor area for a marina clubhouse and for storage facilities. 8. Caretaker Residences. One caretaker residence for the restaurant uses and one caretaker residence for the recreational vehicle park. 9. Temporary Enclosure. One temporary enclosure for specified events C. Other Planned Communities. The approved site plan serves as the Planned Community Development Plan for Bayside Village Mobile Home Park (PC -1), Park Newport (PC- 07), Bayside Village Boat Launch and Storage (PC -09), Promontory Point (PC -12), Newport Crest (PC -14), Newport Terrace (PC -16), Emerald Village (PC -36), Upper Newport Bay Regional Park (PC -44), Armstrong Garden (PC -47), and Marina Park (PC -51). Land uses and development shall be in substantial conformance with the approved site plan. The site plans are provided in Part 8 of this Implementation Plan (Maps). 21.26.075 — Subsequently Adopted and Other Planned Communities A. Newport Banning Ranch (PC -25). The Newport Banning Ranch Planned Community (PC -25) is located within the Banning Ranch deferred certification area established by the Coastal Land Use Plan. The provisions of the planned community development plan are not a component of this Implementation Plan. B. Back Bay Landing (PC -9). The Back Bay Landing Planned Community Development Plan is incorporated herein by reference. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.26-29 Back Bay Landing PLANNED COMMUNITY DEVELOPMENT PLAN (PC -9) Prepared February 11, 2014 Adopted February 25, 2014, Ordinance No. 2014-4 (PA2011-216) TABLE OF CONTENTS ,f SECTION Page Number 1. Introduction and Purpose of the Planned Community Development Plan(PCDP)............................................................................. 1 2. Development Limits and Land Use Plan ......................................................... 4 3. Permitted Uses............................................................................................... 7 4. Development Standards................................................................................. 8 5. Design Guidelines.......................................................................................... 20 6. Phasing.......................................................................................................... 29 7. Back Bay Landing PCDP Implementation/Site Development Review ............ 30 8. Definitions....................................................................................................... 34 TABLE Page Number 1. Development Limits by Planning Area............................................................ 4 2. Permitted Uses............................................................................................... 7 3. Parking Requirements.................................................................................... 13 EXHIBIT (See Appendix) Page Number Reference 1. Location Map.................................................................................................. 1 2. Planning Areas............................................................................................... 1 3. Building Heights.............................................................................................. 10 4. Seawall/Bulkhead Section.............................................................................. 14 5. Public Spaces................................................................................................. 16 6. Coastal Access and Regional Trail Connections ............................................ 16 7. Vehicular Circulation....................................................................................... 16 Back Bay Landing PCDP ii TABLE OF CONTENTS (Continued) EXHIBIT (See Appendix) Page Number Reference 8. Revised Vehicular Circulation and Parking ..................................................... 17 9. Utilities Plan.................................................................................................... 19 10. Drainage Plan................................................................................................. 19 11. Architectural Theme....................................................................................... 21 12. Conceptual Site and Landscape Plan............................................................. 21 13. East Coast Highway View Corridors............................................................... 21 14. Parking Plan................................................................................................... 25 Back Bay Landing PCDP iii LIST OF ACRONYMS ABC California State Department of Alcoholic Beverage Control CDP Coastal Development Permit CLUP Coastal Land Use Plan CM Recreational and Marine Commercial CUP Conditional Use Permit ESA Environmental Study Area ESHA Environmentally Sensitive Habitat Area LID Low Impact Development HHW Highest High Water MLLW Mean Lower Low Water MU -H1 Mixed -Use Horizontal 1 NAVD 88 North American Vertical Datum of 1988 OCSD Orange County Sanitation District OCTA Orange County Transportation Authority PC -9 Back Bay Landing Planned Community PCDP Planned Community Development Plan WQMP Water Quality Management Plan Back Bay Landing PCDP iv I. Introduction and Purpose of the Planned Community Development Plan (PCDP) A. Introduction The Back Bay Landing site is envisioned to be developed as an integrated, mixed-use waterfront on an approximately 7 -acre portion of a 31.4 -acre parcel located adjacent to the Upper Newport Bay in the City of Newport Beach. The City of Newport Beach Municipal Code allows a Planned Community Development Plan (PCDP) to address land use designations and regulations in Planned Communities. The Back Bay Landing PCDP serves as the controlling zoning ordinance for the site and is authorized and intended to implement the provisions of the Newport Beach General Plan and Coastal Land Use Plan. The Back Bay Landing Design Guidelines provide a comprehensive vision of the physical implementation of the project and have been drafted to assist the City and community to visualize the architectural theme and desired character of the development. B. Project Location The Back Bay Landing Planned Community (PC -9) is located within the City of Newport Beach, in Orange County, California. The approximately 7 -acre primary project area is generally located north of East Coast Highway and northwest of Bayside Drive in the western portion of the City, as shown on Exhibit 1, Location Map. The project area is bounded by the Upper Newport Back Bay to the north and west, the Newport Dunes Waterfront Resort and the Bayside Village Mobile Home Park to the east, East Coast Highway and various marina commercial and restaurant uses south of the Highway to the southeast. As shown on Exhibit 2, Planning Areas, the Back Bay Landing Planned Community is comprised of five distinct Planning Areas: Mixed -Use Area (PA 1), Recreational and Marine Commercial (PA 2), Existing Private Marina Access and Beach (PA 3), Marina and Bayside Village Mobile Home Park Storage and Guest Parking (PA 4), and Submerged Fee -Owned Lands (PA 5). C. Purpose and Objectives The purpose of the PCDP is to establish appropriate zoning regulations governing land use and development of the site consistent with the City of Newport Beach General Plan and Coastal Land Use Plan. The PCDP provides a vision for the land uses on the site, sets the development standards and design guidelines for specific project approvals at the Site Development Review and Coastal Development Permit (CDP) approval stage, and regulates the long term operation of the developed site. Back Bay Landing PCDP Implementation of the PCDP will: Provide a high quality mixed-use, marine -related, visitor -serving commercial development with integrated residential units and a unified architectural and landscape theme. Implement the MU -H1 (Mixed -Use Horizontal 1) General Plan and MU -H (Mixed -Use Horizontal) Coastal Land Use Plan categories on an underutilized bayfront location in a manner that provides for a horizontally distributed mix of uses, which includes general or neighborhood commercial, offices, multi -family residential, visitor -serving and marine - related uses, and buildings that vertically integrate residential with commercial uses, adjacent to Coast Highway, and on or near the waterfront locations. - Maintain and expand core coastal dependent and coastal -related land uses, including the development of marina parking and an enclosed dry stack boat storage and launching facility. - Provide new housing opportunities in response to demand for housing, reduce vehicle trips and encourage active lifestyles by increasing the opportunity for residents to live in proximity to jobs, services, entertainment, and recreation. - Protect and enhance significant visual resources from identified public vantage points, such as Coast Highway, Castaways Park, and Coast Highway -Bay Bridge, to the bay and the cliffs of upper Newport Beach through view corridors designed into the project. New public view opportunities will be created on-site. - Expand bayfront access to and along the bay where it does not exist at the present time, in a manner that protects environmental study areas (ESA) and/or environmentally sensitive habitat areas (ESHA) and does not adversely impact existing private residences adjacent to the site. - Provide public coastal access with a new 12 -foot -wide bayfront access promenade along the bayfront edge of Planning Areas 1 and 2. This new, public bayfront promenade will link the public docks and marina property south of the Coast Highway -Bay Bridge along the bayfront, to the existing Newport Dunes pedestrian/bicycle trail off of Bayside Drive, and ultimately to the Newport Dunes recreational areas, as well as to an existing Class 1 Regional Trail. D. Relationship to the Newport Beach Municipal Code Whenever the development regulations contained in this PCDP conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in this PCDP shall take precedence. The Municipal Code shall regulate all Back Bay Landing PCDP development within the PCDP when such regulations are not provided within the PCDP. All construction within the Back Bay Landing PCDP (PC -9) shall be in compliance with the California Building Code, California Fire Code, and all other ordinances adopted by the City pertaining to construction and safety features. All words and phrases used in this Back Bay Landing PCDP shall have the same meaning and definition as used in the City of Newport Beach Zoning Code unless defined differently in Section VIII, Definitions. E. Relationship to Design Guidelines Development within the site shall be regulated by both the Development Plan and the Design Guidelines. Back Bay Landing PCDP 3 II. Development Limits and Land Use Plan The development limits in this Development Plan are consistent with those established by the General Plan and are identified in the following Table 1, Development Limits by Planning Area. Parking structures, carts, kiosks, temporary and support uses are permitted and are not counted towards square footage development limits. In addition, the OCSD wastewater pump station shall not be counted towards square footage development limits. Table 1 Development Limits by Planning Area''2 Planning Planning Planning Planning Planning Total Per Land Use Area 1 Area 2 Area 3 Area 4 Area 5 Land Use Commercial 49,144 sf 8,390 sf 0 4,000 sf 0 61,534 sf Residential 49du sf) 0 0 0 0 (9 du 85,644 s Marina 0 0 0 0 220 wet slips 220 wet slips Dry 32,500 sf 0 p 0 32,500 sf �Sttatck (140 spaces) 0 (140 spaces) Storage TOTAL 179,679 SF Notes: (1) All limits expressed as "sF are gross square feet as defined in the Newport Beach Zoning Code. (2) Development limits are subject to General Plan Land Use Plan and Table LU2, Anomaly Caps. A. Planning Area 1 — Mixed -Use Area The primary land -side parcel immediately north of East Coast Highway to the northwest is intended to allow for integration of a mixed-use waterfront project with marine -related and visitor -serving commercial and recreational uses, while allowing for residential uses. Priority uses include retail, restaurants, marine and boat sales, boat rentals, boat service/repair, and recreational commercial uses such as kayak and paddle board rentals. The total gross floor area of Planning Area 1 shall be limited to 49,144 square feet of marine -related and visitor -serving commercial and recreational uses; a new 32,500 -square foot full-service and fully enclosed dry stack boat storage (up Back Bay Landing PCDP 4 to a maximum of 140 boat spaces) and launching facility; and a maximum of 49 residential units within a maximum of 85,644 square feet of residential floor area. Development shall incorporate amenities that assure bayfront access for coastal visitors, including the development of a 12 -foot -wide public pedestrian and bicyclist promenade along the waterfront with connections to existing regional trails and paths, an enclosed dry stack boat storage facility, public plazas and open spaces that provide public views and view corridors, and construction of a coastal public view tower. Any mixed-use development that includes integration of residential units shall be subject to the following additional development limitations: 1. A minimum of 50 percent of the total proposed gross floor area located within Planning Area 1 shall be limited to non-residential uses. This non-residential use may consist of any combination of visitor -serving retail, restaurants, marine boat sales, office, and/or enclosed dry stack boat storage. 2. At minimum, a total of 68,955 square feet of non-residential gross floor area shall be developed within Planning Area 1 and 4. 3. A minimum of 50 percent of the total proposed residential units shall be developed within mixed-use buildings with non-residential use located on the ground floor level. B. Planning Area 2 - Recreational and Marine Commercial Planning Area 2 is located immediately south of the Coast Highway -Bay Bridge and is intended to be developed with recreational and marine -related commercial uses. The total gross floor area of Planning Area 2 shall be limited to 8,390 square feet. Development shall incorporate a 12 -foot -wide public pedestrian and bicyclist promenade along the waterfront with connections to existing and/or planned regional trails and paths, and open spaces that provide public views and view corridors. An integrated connection to the planned public/private marina, pier, and trail to the south shall be developed. C. Planning Area 3 — Existing Private Marina Access and Beach Planning Area 3 consists of an existing narrow strip of private marina access walkway and non -publicly accessible beach area located between the Bayside Village Mobile Home Park and Bayside Marina, which provides marina lessee access to private boat slips and docks. Allowed improvements shall be limited to access walkways, guardrails, bulkhead replacement, landscaping, and lighting. Back Bay Landing PCDP The non -publicly accessible beach area is currently utilized by the existing Bayside Village Mobile Home Park. No other development shall occur within this walkway and the beach area, which shall remain as private open space. D. Planning Area 4 — Marina and Bayside Village Mobile Home Park Storage and Guest Parking Planning Area 4 is a narrow strip of land located on the eastern project boundary and development shall be limited to a gross floor area of 4,000 square feet. This area is intended to be re -used primarily as standard sized parking for residents and guests of the Bayside Village Mobile Home Park. Additional standard sized parking will be provided for the Bayside Village Marina tenants. New replacement storage, replacement restrooms, laundry facilities and lockers will be built for the Bayside Village Mobile Home Park and Marina tenants. A new replacement gate entry for this area is allowed. No other uses shall be allowed in this storage/parking/facilities area. E. Planning Area 5 - Submerged Fee -Owned Lands This fee -owned submerged land area consists of an existing 220 -slip marina and is bordered by the earthen De Anza Bayside Marsh Peninsula. The De Anza Bayside Marsh Peninsula was originally constructed with dredging spoils and rip - rap as fill to provide a protected harbor and overflow parking for the Bayside Marina. No new development shall occur within the De Anza Bayside Marsh Peninsula. A small gravel parking and access road currently exists on the eastern portion of the peninsula and is used for overflow parking for the marina. The existing gravel parking lot shall not be expanded in area or paved; however, maintenance activities shall be permitted. The marina shall be regulated by Title 17 of the Newport Beach Municipal Code. Back Bay Landing PCDP III. Permitted Uses Permitted uses are those uses set forth in this Section for each Planning Area as shown on Table 2, Permitted Uses. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section VIII of this PCDP. Uses determined to be accessory or ancillary to permitted uses, or uses that support permitted uses are also permitted. The Community Development Director may determine other uses not specifically listed herein are allowed, provided they are consistent with the purpose of this PCDP, Planning Areas, and are compatible with surrounding uses. The initial construction of any new structure, or the significant reconstruction or major addition, shall be subject to Site Development Review pursuant to Section VII of this PCDP. Back Bay Landing PCDP Table 2 Permitted Uses Uses Planning Areas Planning Area 1 Planning Area 2 Planning Area 3 Planning Area 4 Planning Area 5 Commercial Recreation and Entertainment CUP - - - - Cultural Institution P P - - - Eating and Drinking Establishments Bar, Lounge, and Nightclubs I - - - - - Fast Food No Drive Thru P* - - - - Food Service, No Late Hours P* - - - - Food Service, Late Hours CUP - - - - Take -Out Service, Limited P P - - - Take -Out Service, Only P P - - - Marina - - - - MC Title 17 Marina Support Facilities P P - P - Marine Rentals and Sales Marine Retail Sales P P - - - Boat Rentals and Sales MUP MUP - - - Marine Services MUP MUP - - - Entertainment and Excursion Vessels CUP - - - - Office P P - - - Personal Services General P - - - - Restricted MUP - - - - Residential P - - - - Visitor -Serving Retail P* P* - - - Utilities Wastewater Pum Station P - - - - P=Permitted CUP=Conditional Use Permit MUP=Minor Use Permit *=A Minor Use Permit is required for the sale of alcohol -= Not Permitted Back Bay Landing PCDP IV. Development Standards The following site development standards shall apply: A. Setback Requirements Setbacks are the minimum distance from the property line to building or structure, unless otherwise specified. 1. Street Setback a) East Coast Highway - 0 feet (provided a minimum 10 -foot landscape buffer is provided to the back of sidewalk) b) Coast Highway -Bay Bridge - 20 feet to edge of bridge (kayak/paddleboard rentals, storage, and launch uses may be permitted within this setback and beneath the bridge, subject to Site Development Review). c) Bayside Drive - 5 feet 2. Perimeter Setback a) Abutting Non-residential - 0 feet b) Abutting Existing Residential - 25 feet, except: i. In Planning Area 1, public restrooms and marina lockers may provide a minimum 5 -foot setback. ii. In Planning Area 4, a minimum 5 -foot setback may be provided. 3. Bayfront Setback a) Bulkhead - 15 feet from constructed bulkhead wall to allow for a minimum 12 -foot -wide public bayfront promenade and a minimum 3 -foot -wide landscape area. b) No Bulkhead i. In Planning Area 1, 15 feet from the Highest High Water contour elevation noted as 7.86' above Mean Lower low Water (0.0') or 7.48'/NAVD 88 to allow for a minimum 12 - foot -wide public bayfront promenade and a minimum 3 -foot - wide landscape area. Back Bay Landing PCDP 8 ii. In Planning Area 2, 15 feet from contour elevation 10 (NAVD 88) to allow for a minimum 12 -foot -wide public bayfront promenade and a minimum 3 -foot -wide landscape area. 4. Setback Encroachments a) Fences, Walls, and Hedges i. Permitted within the Perimeter Setback Abutting Existing Residential up to a maximum height of 8 feet. ii. Within Bayfront Setback, see subsection c. below. iii. Permitted in all other setback areas up to a maximum height of 42 inches. b) Architectural Features Roof overhangs, brackets, cornices and eaves may encroach 30 inches into a required Perimeter Setback area, provided a minimum vertical clearance above grade of 8 feet is maintained. ii. Decorative architectural features (e.g., belt courses, ornamental moldings, pilasters, and similar features) may encroach up to 6 inches into any required Perimeter Setback. c) Bayfront Setback Benches, sculptures, light standards, hedges, open guardrails and safety features, and other similar features that enhance the public bayfront promenade may encroach into the bayfront setback, provided a 12 -foot - wide clear path is maintained. d) Other- Other encroachments may be permitted through the Site Development Review. B. Permitted Height of Structures 1. Building Height The maximum allowable building height shall be 35 feet for structures with flat roofs and 40 feet for structures with sloped roofs (minimum 3:12 pitch), except as follows: Back Bay Landing PCDP 9 a) As illustrated on Exhibit 3, Building Heights, 100 feet from back of curb along Bayside Drive within the eastern portion of Planning Area 1, maximum allowable building height shall not exceed 26 feet for flat roofs and 31 feet for sloped roofs. b) Within Planning Area 1, a single coastal public view tower, or similar structure, that includes public access to a functioning public viewing platform may be developed at a maximum height of 65 feet. c) Within Planning Area 1, maximum allowable height for any parking structure shall not exceed 30 feet for flat roofs and 35 feet for sloped roofs. d) Maximum allowable building height within Planning Area 2 shall not exceed 26 feet for flat roofs and 31 feet for sloped roofs. e) Within Planning Area 4, maximum allowable building height shall not exceed 20 feet for flat roofs and 25 feet for sloped roofs. f) All other exceptions to height shall be regulated pursuant to Section 20.30.060.D of the Newport Beach Municipal Code. 2. Grade for the Purposes of Measuring Height a) Within Planning Area 1, height shall be measured from the established baseline elevation of either 11 feet or 14 feet (NAVD 88) as illustrated on Exhibit 3, Building Heights. b) Within Planning Area 2, height shall be measured from the established baseline elevation of 12 feet (NAVD 88) c) Within Planning Area 4, height shall be measured from the established baseline elevation of 12 feet (NAVD 88) C. Residential Units 1. Open Space a) Common Open Space - A minimum of 75 square feet per dwelling shall be provided for common open space (e.g., pool, patio, decking, and barbecue areas, common meeting rooms, etc.). The minimum dimension (length and width) shall be 15 feet. The common open space areas shall be separated from non-residential uses on the site and shall be sited and designed to limit intrusion by non-residents and customers of non-residential uses. However, sharing of common open space may be allowed, subject to Site Development Back Bay Landing PCDP 10 Review, when it is clear that the open space will provide a direct benefit to project residents. Common open space uses may be provided on rooftops for use only by project residents. b) Private Open Space - Five percent of the gross floor area for each unit. The minimum dimension (length and width) shall be 6 feet. The private open space shall be designed and located to be used by individual units (e.g., patios, balconies, etc.). 2. Non-residential Use Required on Ground Floor - All of the ground floor frontage of a mixed-use structure shall be occupied by retail and other compatible non-residential uses, with the exception of common/shared building entrances for residences on upper floors. 3. Sound Mitigation - An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The residential units shall be attenuated in compliance with the report. 4. Buffering and screening - Buffering and screening shall be provided in compliance with Municipal Code Section 20.30.020 (Buffering and Screening). Mixed-use projects shall locate loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development to the greatest extent feasible. 5. Notification to owners and tenants - A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from boats, planes, commercial activity on the site and vehicles on Coast Highway) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the Back Bay Landing PCDP 11 covenant is binding for the benefit and in favor of the City of Newport Beach. 6. Deed notification - A deed notification shall be recorded with the County Recorder's Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification document shall state that the residential unit is located in a mixed-use development and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels, etc.). D. Parking Requirements General Standards Parking requirements are shown in the following Table 3, Parking Requirements, per land use. Kiosks for retail sales shall not be included in the calculation of parking. Back Bay Landing PCDP 12 Table 3 Parking Requirements Land Use Parking Ratio Boat Rentals and Sales As established per MUP Eating and Drinking Establishments 1 space per 30 to 50 SF of Net Public Area* Take -Out Service, Limited 1 space per 250 square feet Marina Support Facilities 0.5 spaces per 1,000 SF Marina Wet Slips 0.6 spaces per slip Marine Services Enclosed Dry Stack Boat Storage 0.33 spaces per slip Entertainment and Excursion Services 1 per each 3 passengers and crew members or as required by MUP Other As established per MUP Office 1 space per 250 square feet Medical Office 1 space per 200 square feet Residential Units (Attached) 2 spaces per unit, plus 0.5 resident guest spaces per unit Retail Sales 1 space per 250 square feet Other Municipal Code * Including outdoor dining, but excluding first 25% or 1,000 SF of outdoor dining per restaurant, whichever is less. 2. Parking Management Plan Off-street parking requirements may be reduced with the approval of a Conditional Use Permit based upon complementary peak hour parking demand of uses within the development. The Planning Commission may grant a joint -use of parking spaces between uses that result in a reduction in the total number of required parking spaces in compliance with the following conditions: a) The most remote space is located within a convenient distance to the use it is intended to serve. b) The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand. Back Bay Landing PCDP 13 c) The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in peak parking demand for the uses proposing to make joint -use of parking facilities. d) The property owners, if more than one, involved in the joint -use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department. e) A parking management plan shall be prepared to address potential impacts associated with a reduction in the number of required parking spaces. 3. Access, location, and improvements. Access, location, parking space and lot dimensions, and parking lot improvements shall be in compliance with the Development Standards for Parking Areas Section of the Municipal Code. E. Landscaping A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted with the Site Development Review application. All landscaping shall comply with the applicable landscaping requirements specified in the Municipal Code, including the Landscaping Standards and Water -Efficient Landscaping Sections. In addition, vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants, which are non-invasive. No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources. F. Seawall/Bulkhead Standards As shown on Exhibit 4, Seawall/Bulkhead Section, a new bayfront seawall/bulkhead may be constructed along the bayfront to protect existing and future development, subject to the following: Back Bay Landing PCDP 14 1. Planning Area 1 a) Any new bulkhead structure shall not extend bayward beyond the Highest High Water contour elevation of 7.86' relative to MLLW (0.0') or 7.48'/NAVD 88 (see also applicable General Requirements below) to preserve the shoreline profile. 2. Planning Area 2 a) Any new bulkhead structure shall not extend bayward beyond the 10' contour elevation (NAVD 88) to preserve the shoreline profile. 3. Planning Area 3 a) Maintenance, repair, and replacement of the existing bulkhead wall shall be permitted to protect existing development. 4. Planning Area 4 and 5 a) No bulkheads shall be permitted. 5. General Requirements a) The minimum top of bulkhead elevation shall be 10 feet (NAVD 88). b) Seawalls, bulkheads, revetments and other such construction that alters the existing shoreline processes shall be permitted when required to serve coastal -dependent uses or to protect existing principal structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. In addition, such improvements shall only be permitted when found consistent with applicable sections of the Coastal Act and City's Coastal Land Use Plan policies. c) Bulkheads shall be designed to provide access points to the shoreline. G. Diking, Filling, and Dredging Standards The diking, filling, or dredging of open coastal waters, wetlands and estuaries shall be permitted in accordance with applicable provisions of the Coastal Act and City's Coastal Land Use Plan policies. Back Bay Landing PCDP 15 H. Public Bayfront Promenade and Trail A 12 -foot -wide public bayfront promenade shall be constructed, as illustrated in Exhibit 5, Public Spaces, along the length of the seawall/bulkhead to the boundary with the Bayside Village Mobile Home Park, and continuing along the project entrance to Bayside Drive. The design details of the public bayfront promenade shall be submitted with Site Development Review. The public bayfront promenade shall comply with the following requirements: An easement for public access shall be provided to the City along the entire length of the proposed public bayfront promenade. The easement area shall be maintained in good condition and repaired at no cost to the City. 2. The public bayfront promenade shall be accessible to pedestrians and bicyclists, and shall extend along the waterfront under the Coast Highway - Bay Bridge and shall connect to an existing trail system on the south side of East Coast Highway. 3. The bayfront promenade shall interface with restaurants and outdoor dining areas, the coastal public view tower, the enclosed dry stack boat storage, residential and marine boat service areas to the maximum extent feasible. Amenities such as seating, trash enclosures, lighting, and other pedestrian - oriented improvements shall be provided along its length where appropriate, provided a 12 -foot -wide clear path is maintained. 4. Bayside Drive shall be improved on both sides with a new Class 2 (on -street) bike lane up to Bayside Way and a new Class 3 (shared -use) bikeway east of Bayside Way. A Class 1 (off-street) bikeway and pedestrian trail will also be provided on the east side of Bayside Drive that originates at the Bayside Drive / East Coast Highway intersection and runs northerly to the terminus of Bayside Drive, as shown on Exhibit 6, Coastal Access and Regional Trail Connections, to accommodate both cyclists and pedestrians. This improvement shall serve as an enhanced link between the new public bayfront promenade and the existing City and County trail systems and the Newport Dunes recreation area. 5. Trails shall be located and designed consistent with Coastal Land Use Plan (CLUP) Policy 3.1.1-1 and the Coastal Act, with appropriate routing to protect the privacy of existing Bayside Village Mobile Home Park residents, consistent with Public Resources Code section 30214 (Coastal Act). I. Vehicular Circulation 1. Primary vehicular and pedestrian access to the site shall be set back from its current location on Bayside Drive to approximately 200 feet north of the East Coast Highway intersection, as shown on Exhibit 7, Vehicular Circulation, and Back Bay Landing PCDP 16 Exhibit 8, Revised Vehicular Circulation and Parking. This project driveway will service both inbound and outbound movements, improve the existing driveway connection further into the site, and will be relocated approximately 45 feet north of its current location. Any guest parking that is displaced in the adjacent mobile home park complex as a result of this new driveway alignment shall be replaced within the mobile home park complex or within Planning Area 4 on the east side of Bayside Village Mobile Home Park. 2. Intersection improvements at Bayside Drive shall maintain the existing left - turn lane, add a shared left-turn/through lane, and add an exclusive right -turn lane on the southbound approach of the signalized intersection with East Coast Highway. Project access enhancements shall include an exclusive left - turn lane on the northbound approach of the Bayside Drive and project driveway intersection. 3. Primary circulation within the development shall accommodate adequate fire truck turn -around. Emergency vehicle access to and from Bayside Village Mobile Home Park to the site shall be provided consistent with Exhibit 8, Revised Vehicular Circulation and Parking. 4. An optional secondary access may be constructed, subject to the review and approval of the Public Works Department, California Department of Transportation, Orange County Transportation Authority (OCTA), and the Orange County Sanitation District (OCSD) that would add an exclusive right - turn lane along westbound East Coast Highway, as shown on Exhibit 7, Vehicular Circulation. This connection would be located approximately 430 feet west of the Bayside Drive intersection with East Coast Highway, and would allow for inbound right -turn movements only. Outbound movements at this connection point would be prohibited. J. Lighting A detailed lighting plan with lighting fixtures and standard designs shall be submitted with the Site Development Review application. The lighting plan shall illustrate how all exterior lighting is designed to reduce unnecessary illumination of adjacent properties, conserve energy, minimize detrimental effects on sensitive environmental areas, and provide minimum standards for safety. At minimum, exterior lighting shall comply with the following: Protection from glare. a. Shielding required. Exterior lighting shall be shielded and light rays confined within boundaries of the site. b. Light spill prohibited. Direct rays or glare shall not create a public nuisance by shining onto public streets, adjacent sites, or beyond the perimeter of the bayfront promenade. Back Bay Landing PCDP 17 c. Maximum light at property line. No more than one candlefoot of illumination shall be present at the property line. d. Maximum light beyond bayfront. No more than 0.25 candlefoot of illumination shall be present beyond the perimeter of the bayfront promenade. 2. Photometric study. A photometric study plan shall be incorporated into the lighting plan to ensure lighting will not negatively impact surrounding land uses and adjacent sensitive coastal resource areas. 3. Lighting fixtures. Exterior lights shall consist of a light source, reflector, and shielding devices so that, acting together, the light beam is controlled and not directed across a property line or beyond the bayfront promenade. 4. Parking lot light standards. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining properties. To accomplish this, a greater number of shorter light standards may be required as opposed to a lesser number of taller standards. 5. Tower illumination. Illumination of the public view tower shall consist of soft accent lighting so as not to become a visual disturbance to the nighttime view in the area. K. Signs A comprehensive sign program with sign materials and lighting details shall be submitted with the Site Development Review application. All signage shall comply with the Sign Standards Section of the Municipal Code, with the following exceptions: 1. Temporary Signs- Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on construction fences are allowed during construction and may be rigid or fabric. 2. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways, such as electronic display signs, kiosk signs, internal banners, and three-dimensional sculptural advertising associated with individual businesses are allowed, or similar, and are not regulated as to size, content, or color; however, signs shall require permits and shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Back Bay Landing PCDP 18 L. Utilities Existing and proposed water and sewer locations are shown on Exhibit 9, Utilities Plan, and existing and proposed storm drain locations are shown on Exhibit 10, Drainage Plan. A Final Utilities Plan shall be submitted with the Site Development Review application. The final alignment and location of utilities shall be reviewed and approved by the Public Works Department. Adequate access for maintenance vehicles shall be provided. A 30 -foot -wide accessible easement shall be provided for the relocated water transmission line. Buildings shall maintain a minimum distance of 15 feet from the water line, unless otherwise approved by the Public Works Department. M. Sustainability The development shall be designed as a sustainable community which will allow residents, tenants and visitors to enjoy a high quality of life while minimizing their impact on the environment. A Sustainability Plan that addresses topics such as water and energy efficiency, indoor environmental quality and waste reduction shall be submitted with the Site Development Review application. Sustainable programming shall be used to maximize efficiency by conserving water, minimizing construction impacts, minimizing energy use and reducing construction and post -construction waste. California -friendly landscaping shall be utilized in public areas and reclaimed water use (if available) on-site or off-site will further reduce water demand. Appropriate best management practices shall be incorporated into landscape design. Energy reduction, recycling, and the smart use of existing resources shall be implemented. The development shall incorporate a walkable community design to promote walking and bicycling, and thus reduce reliance on automotive transport. The development shall include Low Impact Development (LID) features for storm water quality improvement where none exist today. Potential LID features may include storm water planters, permeable pavement and proprietary bioretention systems. Through the development of a project -specific Water Quality Management Plan (WQMP), the appropriate site design, source control and LID control features shall be implemented to improve water quality in the Bay, including weekly street sweeping of all drive aisles and parking areas. N. Public Improvements A public improvements plan shall be submitted with the Site Development Review application specifying the public improvements to be constructed in conjunction with the development of the site and phasing of such improvements. At minimum, the plan shall discuss and illustrate utility improvements, the bayfront promenade, Bayside Drive street and bikeway improvements, and improvements to the OCSD facility. Back Bay Landing PCDP 19 V. Design Guidelines The Back Bay Landing Design Guidelines are intended to express the desired character of the future mixed-use waterfront village. These guidelines set parameters for future design efforts and help achieve overall consistency and quality of architectural design and landscape features at build -out. They also explore the aesthetic quality and functionality of the upper limit of acceptable development intensity, and are structured to allow the City considerable flexibility in review of future project submittals and subsequent approvals. All development within the Planned Community shall be in conformance with these Design Guidelines. The purpose of the Design Guidelines is: • To provide the City of Newport Beach, the California Coastal Commission, and future residents and visitors with the necessary assurances that, when completed, the development will be built in accordance with the design character proposed herein; • To provide guidance to developers, builders, engineers, architects, landscape architects and other professionals in order to maintain the desired design character and appearance of the project, as well as expand upon these concepts in order to maximize the success of the development consistent with market needs, aesthetic satisfaction, and community goals; • To provide guidance to the City Staff, Planning Commission, City Council members and the California Coastal Commission in the review of future development submissions; and • To encourage building plans that allow flexibility for innovative and creative design solutions that respond to contemporary market trends. A. Architectural Theme The development shall be designed with a Coastal Mediterranean architectural theme. This architectural theme is influenced by the climate of the countries it comes from, emulating palettes of the landscape and architecture in the North Mediterranean Sea. The project will follow principles of quality design and be constructed with quality materials and applications. Thick and textured walls, bull -nose borders, terracotta colors with rustic metal and stone details produce the style that has been adopted worldwide. The style is marked by the use of smooth plaster, low-pitched clay tile, and cast concrete or stone ornaments. Other characteristics typically include small porches or balconies, arcades, wood casement windows and doors, canvas awnings, and decorative iron trim. The Back Bay Landing PCDP 20 intent is not to select a historically specific or rigid architectural style for the project, but to help shape the character of the area and reflect its setting within the City. The project should be configured as a village, which accommodates marine - oriented and visitor -serving retail, restaurants, enclosed dry stack boat storage, residential units, public space and a coastal public view tower. The "village look" may be expressed through several techniques. Visual interest may be created by multiple one-, two- and three-level buildings, with varied roof heights and planes. Light and shadows may be created through the use of trellises, decks, and canopies. The planes of the buildings should include recesses and vertical elements to create the village feeling. Varied roof heights should communicate the break-up of architectural forms. The parking structure shall be designed to add to the public and visitor -serving retail experience and be easily accessible. The project's architectural style, with the recommended use of stone, tile and glass materials, should blend in color and form with existing similarly themed facilities within Newport Beach, and provide a high standard of quality for future neighboring development. Sample imagery is provided on Exhibit 11, Architectural Theme. B. Site Planning 1. As illustrated in Exhibit 12, Conceptual Site and Landscape Plan, the development shall be designed as an integrated, mixed-use waterfront village that encourages public access to and along the bayfront. 2. A public bayfront promenade shall be developed between the Balboa Marina development to the south and the Newport Dunes and the regional trail system to the east. Special features of this public bayfront promenade shall include coastal plazas, vista points and connections with City/County trails and Newport Dunes as shown on Exhibit 5, Public Spaces. 3. Back Bay Landing restaurants, visitor -serving commercial and plaza areas shall be accessible to the community by public and private vehicular transportation, pedestrian and bike paths, and public dock space. 4. Scenic view corridors should be incorporated throughout the project to maintain existing coastal views from East Coast Highway as shown on Exhibit 13, East Coast Highway View Corridors. 5. Outdoor dining and plaza areas shall be designed to interface with the street and bayfront. Siting of outdoor dining facilities shall minimize potential impacts on occupants of adjacent residential units. 6. The development shall include a coastal public view tower that serves to identify the entry location and promote the activity of the site. The coastal Back Bay Landing PCDP 21 public view tower shall be public and ADA -accessible and designed to provide expansive coastal view opportunities. 7. The development shall create a strong pedestrian interface with the waterfront, maximizing accessibility and providing visual corridors enhancing the public/visitor experience. 8. Buildings should be arranged to create opportunities for public gathering spaces, encourage outdoor living and invite patronage. Mixed-use areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains, and other similar elements. 9. The development shall promote connectivity throughout the village and to adjacent developments and trails systems through the use of shared facilities such as driveways, parking areas, pedestrian plazas and walkways. 10. Ground level equipment, refuse collection areas, storage tanks, infrastructure equipment and utility vaults should be screened from public right-of-way views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. 11. Site-specific analyses (wind patterns, noise assessments, etc.) and special design features shall be incorporated into the proposed buildings surrounding the OCSD pump station facility to offset potential noise and odor control issues associated with the existing operations of the facility. Indoor air conditioned spaces within the development shall include the installation of odor filters, such as activated carbon filters or similar, to filter indoor air. C. Building Massing Avoid long, continuous blank walls, by incorporating a variety of materials, design treatments and/or modulating and articulating elevations to promote visual interest and reduce massing. 2. Layering of wall planes and volumes are encouraged to provide rhythm, dynamic building forms, and shadows. 3. Building massing should consist of a mix of heights to add visual interest and enhance views to the bay above or between buildings. 4. Taller buildings should use articulation to create visual interest. Articulation should include vertical and horizontal offsets, use of multiple materials and finishes, and the entry/corner elements. Back Bay Landing PCDP 22 5. Towers or other vertical/prominent building features should be used to accentuate key elements such as building entries, pedestrian nodes, plazas, and courtyards. 6. To maintain a low profile at the corner of East Coast Highway and Bayside Drive, the development should consist of reduced height commercial retail buildings closest to the intersection and may step up in height further away from the intersection, as shown on Exhibit 3, Building Heights. D. Facade Treatments 1. Ground floors of commercial buildings should have storefront design with large windows and entries encouraging indoor and outdoor retailing. 2. Architectural elements that create sheltered pedestrian areas are encouraged. 3. The quality of the pedestrian environment should be activated by architecturally vibrant storefronts with features such as planter walls, outdoor seating and dining spaces, enhanced trellises, accent or festive lighting, awnings or canopies, large transparent windows, recessed openings and entry ways. 4. Create a unified and consistent alignment of building facades that define and address the street and waterfront. 5. Horizontal definition between uses, generally between the first and second floor is strongly encouraged. 6. For residential uses, balconies and sill treatments are encouraged on upper stories to articulate the facade. 7. Building facades should respect the public realm edge by controlling and limiting encroachments that could impede pedestrian connectivity and retail exposure. Building designs will be encouraged to support and activate the public realm and plazas, and encourage accessibility. 8. "Back of House Areas" and service corridors shall be avoided along primary street and waterfront elevations. 9. Roof -mounted mechanical equipment shall not be visible in any direction from a public right-of-way, as may be seen from a point 6 feet above ground level, including from the Coast Highway -Bay Bridge curb elevation. In addition, screening of the top of the roof -mounted mechanical equipment may be required if necessary to protect views. Back Bay Landing PCDP 23 10. Subject to the approval of the OCSD, the existing building exterior of the OCSD facility located adjacent to East Coast Highway and at the property's southwestern boundary shall undergo aesthetic improvements (refacing, reroofing, etc.) to reflect the architectural design standards contained in this PCDP. Should the OCSD facility be reconstructed, the architectural design of the structure shall be compatible with the architectural design of the Back Bay Landing development and design standards contained in this PCDP. E. Public Views As illustrated on Exhibit 13, East Coast Highway View Corridors, buildings should be oriented to maximize view opportunities while minimizing the visual impact of the building on existing view sheds. 2. Buildings proposed adjacent to the Coast Highway -Bay Bridge shall preserve coastal views that are afforded due to the differential in height between the elevation of the bridge and the elevation of the site. Buildings located within View Corridors 5, 6, and 7, as shown in Exhibit 13, East Coast Highway View Corridors, shall maintain a low profile against East Coast Highway, allowing coastal views over the development. The public coastal views shall be consistent with Section 4.4.1-8 of the Newport Beach Coastal Land Use Plan policies. 3. A pedestrian view corridor shall be designed at the southeast corner of Bayside Drive and East Coast Highway, shown as View Corridor 2 on Exhibit 13, East Coast Highway View Corridors, allowing northbound pedestrians and motorists to see into the project and the coastal view beyond. 4. The enclosed dry stack boat storage building shall be designed with multiple heights to create a distinct view corridor from East Coast Highway to the Bay, illustrated as View Corridor 4 on Exhibit 13, East Coast Highway View Corridors. This corridor shall be visible to north and south bound pedestrians, bicyclists and motorists. 5. The development shall be designed to frame existing bay views and should create new bay views where they are currently blocked by fencing and outdoor vehicle/boat storage. 6. The coastal public view tower shall be publicly accessible and designed to provide panoramic coastal views and include interpretive elements. F. Parking and Parking Structure 1. Parking areas and structures shall promote efficient circulation for vehicles and pedestrians. Back Bay Landing PCDP 24 2. Convenient, well -marked and attractive pedestrian access shall be provided from parking areas and structures to buildings. 3. Parking facilities should be physically separated for non-residential uses and residential uses, except for residential guest parking. If enclosed parking is provided for an entire mixed-use complex, separate areas/levels shall be provided for non-residential and residential uses with separate building entrances, whenever possible. 4. A semi -subterranean level should be incorporated, if feasible, to minimize height and bulk of parking structure. 5. Parking structures shall be screened from the public right—of-way to the maximum extent feasible. Portions of the structure that cannot be screened shall incorporate decorative screening, landscape walls, artistic murals, or application of stylized facades. 6. Commercial retail and residential uses should wrap and mask the parking structure. 7. The parking structure shall complement the design vocabulary of the attached or adjacent buildings, and incorporate form, materials, color, and details from the attached or adjacent buildings. 8. Adequate parking that is located within a convenient distance from the use it is intended to serve shall be provided for all uses proposed on-site, as well as marina users, displaced Bayside Village Mobile Home Park guest parking, and for public access. General parking locations are shown on Exhibit 14, Parking Plan. 9. The upper level of the parking structure shall be designed to eliminate vehicle headlight and rooftop lighting spill-over. 10.To encourage alternative means of transportation, the parking structure shall incorporate bicycle parking storage accommodations, and electric vehicle charging stations. G. Public Spaces The development shall provide extensive outdoor public spaces, as shown on Exhibit 5, Public Spaces, and described below. 1. A coastal public view tower that includes public access to a functioning public viewing platform at the top is strongly encouraged. This elevated platform can provide exceptional public coastal view opportunities of Newport Harbor and Upper Newport Bay. In the evening business hours, it may be lit from within and may have exterior up -lighting. Back Bay Landing PCDP 25 2. A pedestrian and automobile plaza should be incorporated into the design that seamlessly and safely blends pedestrian, bicycle and vehicular movement. This plaza may provide an opportunity for valet parking, provided a valet operation plan is reviewed and approved by the City. Bollards and potted plants should define the plaza edge in a park -like setting and should visually connect the east and west ends of the mixed-use project area as the center point of the project, while still allowing unhindered pedestrian movement to the retail areas and public bayfront promenade. 3. Restaurants shall be designed to be accessible from the public bayfront promenade and should provide both indoor and outdoor dining areas with scenic coastal views of the bay and coastal public view tower. 4. Vendor carts selling specialty items are encouraged in the outside plazas and along retail walkways to enhance the shopping or dining experience by activating the plaza areas. However, vendor carts shall not be permitted within the 12 -foot -wide public bayfront promenade. 5. Passive recreation opportunities and waterfront viewing shall be provided along the public bayfront promenade. 6. A public launching area and parking for kayak and paddleboard users shall be incorporated into the development. 7. New marina boat -slip tenant lockers shall be provided near the entry to the Bayside Village Marina. 8. Public restrooms for visitors to the site shall be provided along the public bayfront promenade. H. Landscaping 1. The landscaping should reflect the project's coastal marine location and provide visual ties to the coastal bluffs, sand beaches, tidelands and wetlands, tide pools, local marinas and sea life. 2. Creativity in combining plant materials to emulate natural features is encouraged. Some examples of possible design strategies are using swaying grasses to emulate water movement, using water fountains to emulate the sound and rhythm of waves, and emulating sea colors in plant selection. 3. The use of water fountains, waterfalls, water sculptures, or water features are encouraged. 4. Marine murals and other forms of public art are encouraged throughout the project. Back Bay Landing PCDP 26 5. Landscaping should include tree plantings around buildings to enhance architectural character and provide shade in the summer and sun in the winter. 6. California -friendly plant species with low watering requirements and characteristics that are compatible with the climate, soils, and setting should compose the majority of the plant palate. 7. The irrigation system shall be designed, constructed, managed, and maintained to achieve a high level of water efficiency. 8. Landscaping in the view corridors should not block these views but rather frame and enhance them. 9. Green walls, water features and selective placement of potted plants and trees can improve and soften the appearance of the buildings while preserving and enhancing desired views. I. Hardscaping 1. An enhanced permeable paving should be used at the project entry to create rich texture and color while also helping to mitigate urban runoff. 2. Pedestrian spaces should be developed with specialty paving to provide interest and definition and compliment architectural and landscape features. 3. Selection of hardscape material should reflect the coastal marine theme of the project, for example: sand stone, sea glass, pebbles, drift wood, ocean/beach inspired colors or textures, etc. 4. Private streets, driveways, and drive aisles should be multi-purpose and accommodate pedestrian, bike, emergency vehicles, and slow automobile movements. Generous use of planters, large pots and bollards are encouraged with raised curbs only where necessary. J. Signs 1. The preferred approach to signing is through creating a strong architectural statement that announces development, rather than large distracting signs. 2. Monument signs identifying the development may be permitted at the primary entrance off Bayside Drive and possibly the optional secondary entrance off East Coast Highway, if approved. Back Bay Landing PCDP 27 3. Signage should be appropriately scaled to the building or surface onto which it is placed, should not obscure important architectural features, and should be readable by both pedestrians and drivers approaching the site. 4. Signage shall be integrated with the design and scale of the architecture. 5. A coordinated approach to signage throughout the development is particularly important due to the multiple storefronts that are envisioned. Signs of similar size, proportion, and materials should be used on each store. Back Bay Landing PCDP 28 VI. Phasing The Back Bay Landing mixed-use development is anticipated to be developed as one phase during an 18- to 24 -month construction period. The integrated mixed-use and parking structure combined with the relatively small site necessitates construction in a single phase. The Back Bay Landing development will necessitate the construction of a seawall/bulkhead, but does not include reconstruction of the existing Bayside Village Marina. The general sequence of construction is provided below although certain activities will overlap thereby reducing the total duration of the project. • Demolition —1 month • Excavation and De -watering — 2 months • Infrastructure / Foundations — 6 months • Vertical Construction — 15 months • Final Landscaping — 3 months • Bayside Drive Roadway Improvements and Trail — 4 months • Reconfiguration of Bayside Village Mobile Home Park — 6 months Back Bay Landing PCDP 29 VII. Back Bay Landing PCDP Implementation/ Site Development Review A. Purpose and Intent The purpose of the Site Development Review process is to ensure the development of the Back Bay Landing PCDP (PC -9) is consistent with the goals and policies of the General Plan, provisions of this PCDP, and the findings set forth below in Section VII.C. It is the intent of the Site Development Review process that all aspects of the design of the project will be reviewed and approved at one time. Conceptual architectural theme, site plan, landscape plan and other conceptual Exhibits attached to this PCDP are preliminary and may be modified through the Site Development Review process. B. Application 1. Approval of the Site Development Review application by the Planning Commission shall be required prior to the issuance of a grading or building permit for the construction of any new structure at the project. The Planning Commission's decision is final, unless appealed in accordance with the Newport Beach Municipal Code. 2. The following items are exempt from the Site Development Review Process and are subject to the City's applicable permits: a) Tenant (interior) improvements to any existing buildings, kiosks, and temporary structures. b) Repair and maintenance activities. c) Replacement of existing structures found in substantial conformance with previously approved plans and/or permits. C. Findings In addition to the general purposes set forth in Section VII.A and in order to carry out the purposes of the Back Bay Landing PCDP, the following findings must be made to approve or conditionally approve a Site Development Review application: 1. The development shall be in compliance with the General Plan, Coastal Land Use Plan, Back Bay Landing Planned Community Development Plan, including design guidelines, and any other applicable plan or criteria related to the development; Back Bay Landing PCDP 30 2. The development shall not be incompatible with the character of the neighboring uses and surrounding sites; 3. The development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways, properties, and waterfront, with special consideration given to providing a variety of building heights, massing, and architectural treatments to provide public views through the site; 4. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development; and 5. The development shall not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. D. Submittal Contents The Site Development Review application shall include all of the information and materials specified by the Community Development Director and any additional information requested by the Planning Commission in order to conduct a thorough review of the application. The following plans/exhibits may include, but are not limited to the following: 1. Existing conditions including adjacent structures and proposed improvements. 2. Comprehensive site and grading plan. 3. Comprehensive elevation drawings, material boards and floor plans for new structures with coordinated and complementary architecture, design, materials and colors. The elevation drawings shall indicate the colors and materials that will be used on the exterior surfaces of the buildings, walls, fences and other visible structures. 4. Permitted and proposed floor area, and residential units. 5. A parking and circulation plan showing pedestrian paths, streets and fire lanes. 6. Landscaping, lighting, signage, utilities, sustainability, and public improvements plans as required by Section IV. 7. Parking management plan (if applicable). Back Bay Landing PCDP 31 8. A comprehensive, cohesive and coordinated preliminary landscape plan, illustrating general location of all plant materials, by common and botanical names (with pictures), size of plant materials, and irrigation concept. 9. A comprehensive, cohesive and coordinated lighting plan of exterior and parking structure lighting, including locations, fixture height, fixture product type and technical specifications. 10. Comprehensive text and graphics describing the design philosophy for the architecture, landscape architecture, material and textures, color palette, lighting, and signage. 11. Location and text describing drainage and water quality mitigation measures. 12. Open Space Plans (indoor and/or outdoor) for residential units. 13.A statement that the proposed new structure is consistent with the goals, policies, and actions of the General Plan and Planned Community Development Plan. 14.Any additional background and supporting information, studies, or materials that the Community Development Director deems necessary for a clear representation of the project. E. Public Hearing A Planning Commission public hearing shall be held on all Site Development Review applications. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with the Municipal Code Chapter 20.62 (Public Hearings). F. Expiration and Revocation of Site Development Review Approvals Expiration. Any Site Development Review approved in accordance with the terms of this Planned Community Development Plan shall expire within twenty-four (24) months from the effective date of final approval as specified in the Time Limits and Extensions Section of the Newport Beach Municipal Code, unless at the time of approval the Planning Commission has specified a different period of time or an extension is otherwise granted. 2. Violation of Terms. Any Site Development Review approved in accordance with the terms of this Planned Community Development Plan may be modified or revoked if any of the conditions or terms of such Site Development Review are violated or if any law or ordinance is violated in connection therewith. Back Bay Landing PCDP 32 3. Public Hearing. The Planning Commission shall hold a public hearing on any proposed modification or revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. G. Parcel or Tract Maps No parcel or tract map shall be recorded prior to the approval of the Site Development Review for the entire project. Covenant, Conditions and Restrictions shall be required in connection with any subdivisions at the project so that the responsibility for performance of, and payment for, maintenance are clear. Such CC&R's shall be subject to the approval of the City Attorney. H. Fees The applicant shall pay a fee as established by Resolution of the Newport Beach City Council to the City with each application for Site Development Review under this planned community development plan. I. Minor Changes by the Director 1. The following minor changes to an approved site plan may be approved by the Director in compliance with Section 20.54.070 (Changes to an approved project) of the Newport Beach Municipal Code: a) Minor relocation of any proposed structure. b) Reconfiguration of the parking lot, including drive aisles and/or parking spaces, subject to review and approval of the City Traffic Engineer. c) Reconfiguration of landscaping. d) Any other minor change to the site plan provided it does not increase any structure area, height, number of units, and/or intensity of uses. 2. Any proposed changes that are not deemed minor shall be subject to review and approval by the Planning Commission. Back Bay Landing PCDP 33 VIII. Definitions All words, phrases, and terms used in this Back Bay Landing PCDP (PC -9) shall have the same meaning and definition as provided in the City of Newport Beach Zoning Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expresses its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials, and color of the building which complement and celebrate its overall aesthetic character. Backfill: Material used to fill or refill an excavated or natural slope area. Building Elevation: The drawing of the exterior wall surface formed by one (1) side of the building. Bulkhead: A retaining wall/structural wall constructed along shorelines for the purpose of controlling beach erosion, supporting buildings and protecting areas of human habitation, conservation and leisure activities. Also referred to as a seawall. The depth of the bulkhead will be determined by a licensed structural engineer. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease or relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Commercial recreation and entertainment uses shall not include arcades or electronic games centers, billiard parlors, cinemas, and theaters, except as accessory to a permitted use. Cultural Institution: A public or private institution that displays or preserves objects of community or cultural interest in one or more of the arts or sciences. Illustrative examples of these uses include libraries and museums. Eating and Drinking Establishments: Bar, Lounge, and Nightclub. An establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale Beer & Wine -Public Premises], ABC License Type 48 [On Sale General - Public Premises], and ABC License Type 61 [On Sale Beer -Public Premises]). Persons under 21 years of age are not allowed to enter and Back Bay Landing PCDP 34 remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. Fast Food. An establishment whose design or principal method of operation typically includes the following characteristics: 1. A permanent menu board is provided from which to select and order food; 2. A chain or franchise restaurant; 3. Customers pay for food before consuming it; 4. A self-service condiment bar and/or drink service is/are provided; 5. Trash receptacles are provided for self-service bussing; and 6. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations. Alcoholic beverages are not sold, served, or given away on the premises. If alcoholic beverages are sold, served, or given away on the premises, the use shall be considered a food service use. See "Food Service." Drive thru service shall not be allowed. Food Service, No Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and typically has the following characteristics: 1. Establishment does not have late hour operations; 2. Customers order food and beverages from individual menus; 3. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and 4. Customers pay for food and beverages after service and/or consumption. Food Service, Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and typically has the following characteristics: 1. Establishment does have late hours; 2. Customers order food and beverages from individual menus; Back Bay Landing PCDP 35 3. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and 4. Customers pay for food and beverages after service and/or consumption. Late Hour Operations. Facilities that provide service after 11:00 p.m. Outdoor Dining, Accessory. An outdoor dining area contiguous and accessory to a food service establishment. Take -Out Service, Limited. An establishment that sells food or beverages and typically has the following characteristics: 1. Sales are primarily for off-site consumption; 2. Customers order and pay for food at either a counter or service window; 3. Incidental seating up to 6 seats may be provided for on-site consumption of food or beverages; and 4. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, and similar establishments. Take -Out Service Only. An establishment that offers a limited variety of food or beverages and has all of the following characteristics: 1. Sales are for off-site consumption; 2. Seating is not provided for on-site consumption of food or beverages; and 3. Alcoholic beverages are not sold, served, or given away on the premises. Green Building: The practice of increasing the efficiency of buildings and their use of energy, water, and materials, and reducing building impacts on human health and the environment through better siting, design, construction, operation, maintenance, and removal. High Tide: The tide at its fullest, when the water reaches its highest level. Back Bay Landing PCDP 36 Marina: A commercial berthing facility (other than moorings or anchorage) in which five or more vessels are continuously wet -stored (in water) for more than 30 days. Marinas are regulated by Title 17. See Marina Support Facilities. Marina Support Facilities: An on -shore facility (e.g., administrative offices, bathrooms, laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a marina. Marine Rentals and Sales: Establishments engaged in renting, selling or providing supplies and equipment for commercial fishing, pleasure boating, or related activities. Boat Rentals and Sales. An establishment that rents or sells vessels, including storage and incidental maintenance. See "Vessel." Does not include "Marine Services." Marine Retail Sales. An establishment that provides supplies and equipment for commercial fishing, pleasure boating, or related activities. Examples of goods sold include navigational instruments, marine hardware and paints, nautical publications, nautical clothing (e.g., foul - weather gear), and marine engines. Does not include uses in which fuel for boats and ships is the primary good sold (see "Marine Services."). Marine Services: Boat Storage. Storage of operative or inoperative boats or ships on land or racks for more than 30 days. Unenclosed boat storage on racks are not permitted. Boat Yard. Construction, maintenance, or repair of boats or ships, including the sale, installation, and servicing of related equipment and parts. Entertainment and Excursion Vessels. A vessel engaged in carrying passengers for hire for the purposes of entertainment or excursions (e.g., fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment, etc.). See "Vessel." Marine Service Station. A retail establishment that sells gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for vessels and other convenience items. No fuel docks shall be allowed. See "Vessel." Water Transportation Service. An establishment that provides vessels to carry passengers for hire who are traveling to destinations within and outside of Newport Harbor. See "Vessel." Back Bay Landing PCDP 37 Highest High Water (HHW) Line: The average of all the highest high tides occurring over a certain period of time, usually 18.6 years (one lunar epoch). Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport Beach, HHW elevation is 7.86' relative to Mean Lower Low Water (0.00'). Mean Lower Low Water (MLLW) Line: The average of the lower low tides occurring over a certain period of time, usually 18.6 years (one lunar epoch). Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport Beach, Mean Lower Low Water is elevation 0.00'. Multi -Family Residential Flat: A condominium on a single level. North American Vertical Datum of 1988 (NAVD 88): The vertical control datum of orthometric height established for vertical control surveying in the United States. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary, and resident support uses such as solar panels and trellis structures. Perimeter Setback: An established distance between a building/structure and the perimeter of the project site other than along East Coast Highway, Coast Highway -Bay Bridge, Bayside Drive, and the bayfront. Personal Services (Land Use): General. Establishments that provide recurrently needed services of a personal nature. Illustrative examples of these uses include: • Barber and beauty shops • Clothing rental shops • Dry cleaning pick up stores with limited equipment • Locksmiths • Shoe repair shops • Tailors and seamstresses • Laundromats These uses may also include accessory retail sales of products related to the services provided. Restricted. Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: • Day spas • Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under "Massage Establishments" Back Bay Landing PCDP 38 • Tanning salons • Tattoo services and body piercing studios These uses may also include accessory retail sales of products related to the services provided. Public Bayfront Promenade: A pedestrian walkway that extends along the waterfront length of the Back Bay Landing project. Seawall: See previous definition of "bulkhead" above. Setback: Shall mean the space between an object, such as the face of a building or fence, and the perimeter property line. Sign: Any media, including their structure and component parts which are used or intended to be used outdoor to communicate information to the public. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Vessel: Every type of watercraft that is used or capable of being used as a means of transportation on water. This includes all vessels of any -size home - ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under State or Federal requirements, except a seaplane on the water. Visitor -Serving Retail: Retail establishments engaged in selling goods or merchandise to tourists and visitors. Examples of these establishments and lines of merchandise include: Back Bay Landing PCDP 39 • Antiques • Appliances • Art galleries • Artists' supplies • Bakeries (retail only) • Bicycle sales and rentals • Books • Cameras and photographic supplies • Clothing and accessories • Convenience market • Drug and discount stores • Gift shops • Handcrafted items • Hobby materials • Jewelry • Luggage and leather goods • Newsstands • Pharmacies • Specialty food and beverage • Specialty shops • Sporting goods and equipment • Tobacco • Toys and games • Travel services Back Bay Landing PCDP 40 Appendix Back Bay Landing Exhibits Back Bay Landing PCDP 41 Source: Mapquest LOCATION P � BACK BAY LAN D I N G N.T.S. NEWPORT BEACH, CALIFORNIA 1-7-2013 EXHIBIT 1 LOCATION MAP Newport Beach Back Bay Landing is located immediately north of East Coast Highway in Newport Beach, California. The site is bounded by 0 East Coast Highway and Newport Harbor on the south and west, Bayside Drive to Z Upper the south, the Newport Back Bay channel BACK BAY Newport Bay to the west and Bayside Village Mobile LANDING Home Park to the southeast. a ' MIXED-USE= eQ PROJECT AREA east Hwy Balboa Legend Peninsula Newport Bay " — Project Area (Parcel 3 of PM 93-111) `{' t C♦ Back Bay Landing Mixed -Use Project Area — PC -9 Boundary Source: Mapquest LOCATION P � BACK BAY LAN D I N G N.T.S. NEWPORT BEACH, CALIFORNIA 1-7-2013 De Anza Bayside Marsh Peninsul _ yea acc ; Existing Marina Plannin Area 5 �vertlow Gravel ; PARCEL 3 - -Parking Lot �y 00 ti0 Pc o¢ Plannin Area 3 EXISTING PRIVATE MARINA ACCESS AND BEACH (0.659 ac) Bayside Village � Mobile Home Park J� m° Area 1 I Planning Area 2-- _-- RECREATIONAL & East Coast Highway MARINE COMMERCIAL-, (0.642 ac) Newport Dunes Waterfront Resort & Marina Nlannina Area 41 MARINA AND BAYSIDE VILLAGE MOBILE HOME PARK STORAGE AND GUEST PARKING (0.541 ac) EXHIBIT 2 PLANNING AREAS This Planned Community includes five distinct planning areas. Parcel 3 Summary P. A. Description Acres Mixed -Use Area 5.132 (North of CH centerline) ac Recreational & Marine Commercial 0.642 (South of CH centerline) ac Existing Private Marina 0.659 Access and Beach ac Marina and Bayside Village 0.541 Mobile Home Park Storage and ac Guest Parking Submerged Fee -Owned 24.457 Lands (Area includes De Anza ac Bayside Marsh Peninsula) Parcel 3 Total Area 31.431 ac Source: Templeton Planning Group FF BACK BAY LANDING PLANNING AREAS a-302013 NEWPORT BEACH, CALIFORNIA Building Height Zones East Coast Highway — Bridge Over Newport Bay ECH Elevation Low Profile Building From ECH East Coast Highway 65' Coastal Public J Remodeled View Tower Existing Sewer (Public & ADA Accessible) Pump Station EXHIBIT 3 BUILDING HEIGHTS DESIGN GUIDELINES East Coast Highway is approximately 22 feet above the Back Bay Landing development site limiting the development's impact on views from East Coast Highway. There are three finished grade baseline elevations indicated on the exhibit from which the building heights are measured: 11, 12, or 14 feet. 35 ft Bldg Height 4o ft Projection 37 It Sloped 26 ft Flat 100 ft Bayside Drive Existing 2 -story Mobile Home Source: Stoutenborough Inc., Architects & Planners ru BACK BAY LANDING BUILDING HEIGHTS 8-30-2013 NEWPORT BEACH, CALIFORNIA Grade Baseline Elevations to Measure Building Height PA 4 (Grade for Measurement of Height: 12') / Elevation 11' I I v / PA 1 26 ft Building Height Zone (Grade for Measurement / Elevation 14' I I of Height: 14'; Limited to 26 ft flat roof ' I or 31 ft sloped roof) PA 1 35 ft Building I PA j 35 ft Bui Height East Coast Hi9h�"ay Height Zone (Grade for Measurement of Height: 14') (Gradefor Meof Height Approx. 560 ft PA 2 26 ft Building / t\ Height Zone (Grade for Measurement • of Height: 12'; Limited to 26 ft flat roof or 31 ft sloped roof) Building Height Zones East Coast Highway — Bridge Over Newport Bay ECH Elevation Low Profile Building From ECH East Coast Highway 65' Coastal Public J Remodeled View Tower Existing Sewer (Public & ADA Accessible) Pump Station EXHIBIT 3 BUILDING HEIGHTS DESIGN GUIDELINES East Coast Highway is approximately 22 feet above the Back Bay Landing development site limiting the development's impact on views from East Coast Highway. There are three finished grade baseline elevations indicated on the exhibit from which the building heights are measured: 11, 12, or 14 feet. 35 ft Bldg Height 4o ft Projection 37 It Sloped 26 ft Flat 100 ft Bayside Drive Existing 2 -story Mobile Home Source: Stoutenborough Inc., Architects & Planners ru BACK BAY LANDING BUILDING HEIGHTS 8-30-2013 NEWPORT BEACH, CALIFORNIA 12'- 0" Public Bayfront Promenade Source: Stoutenborough Inc., Architects & Planners BULKHEAD SECTION Finished Grade at Top of Bulkhead Wall +10' Back Fill Area Front of Bulkhead Wall Highest High Water Line (+7.86') above Mean Lower Low Water (0) Existing Grade Depth to be Determined EXHIBIT 4 SEAWALL/BULKHEAD SECTION Bulkhead The project bulkhead may be built to the Highest High Water elevation of 7.86' relative to Mean Lower Low Water (0.0') or 7.48'/NAVD 88 to preserve the natural profile along the shoreline adjacent to the County Tidelands, subject to consistency findings in the Coastal Act and City of Newport Beach Coastal Land Use Policies. 7T) BAC K BAY LAN D I N G N.Ts. NEWPORT BEACH, CALIFORNIA 12-21-2012 Coastal Public View Tower (Public & ADA Accessible) Boat Launching Outdoor Dining and Haul Out Area Bayside Plaza Public Bayfront Promenade Work Arae Ell, eE Pool Dry Stick Boot Deck s-9. Reaitlenoel Kayak & Stand Up Paddle Board Rental, Launch & Storage l Public Parking for Kayak Launch Boat Service Retail w/ Realtle W En etl Dry BtecN Bast Storepe Access Gate to Marina Pedestrian/Auto Plaza Public Marina Lockers & Restrooms •' Retail on Ground Floor Relellw/ Re id,,NW Parlor SirocWro Eating i Sewer Pump Retail Station Connects to Regional Trail f Q ■ I" 0 0 �, A ■Outdoor Dining 'R V Bus Stop \.—_ Retail Plaza Public Use of Enclosed iiW ay Dry Stack Boat Storage -ast Coast Hlg J (Privately Owned) Public Parking for Retail, Marina & Bayside Village Mobile Home Park Upper Parking Deck Provides Views to the North and South Bayside�Dnve Trail i i EXHIBIT S PUBLIC SPACES DESIGN GUIDELINES Back Bay Landing contains extensive outdoor public space, including: • A linear continuous Public Bayfront Promenade along the bay and connect- ing to regional trails. • Class 1, 2, and 3 off-street bikeway and pedestrian trails connecting to East Coast Highway along Bayside Drive. • A large retail plaza with enhanced paving street furniture, water features and shade trees. • The Coastal Public View Tower with enhanced paving and landscape. • A Bayside Plaza with enhanced paving, seating and shade trees. • A kayak and SUP rental and launch area with storage lockers and water access. • Public Restrooms accessed from the Public Bayfront Promenade. Additional public spaces are provided within retail, restaurant and the enclosed dry stack boat storage buildings. Source: Templeton Planning Group BACK BAY LANDING PUBLIC SPACES 8-30-2013 NEWPORT BEACH, CALIFORNIA 1. Regional Trail Connections New Public . Bayfront Access Lateral Access Verticat�4-s' Proposed Coastal Public View Tower L Ch� � • c • 2. Proposed Coastal Access 6elbcn Island k atato9a � 3. Current Lack of Trail Connection New Public New Class 1 & 3 Bayfront Access Off -Street Bikeway & Pedestrian Trail �a�yto9a �' Yorksoem vy NewyClass 1 & 2 Off -Street Bikeway & Pedestrian Trail "c 4. Critical Trail Connections EXHIBIT COASTAL ACCESS AND REGIONAL TRAIL CONNECTIONS Back Bay Landing provides coastal access and a critical link between existing regional trails. 1. Regional Trail Connections 2. Proposed Coastal Access 3. Current Lack of Trail Connection 4. Critical Trail Connections Legend Trail Types New Public Bayfront Access Accessible to Pedestrians & Cyclists New Class 1 & 2 Off -Street Bikeway & Pedestrian Trail New Class 1 & 3 Off -Street Bikeway & Pedestrian Trail -- Existing Class 1 Trail Existing Class 2 Trail Existing Class 3 Trail ® Newport Dunes Recreational Trail Lateral Access Vertical Access Public Beach Access Location Public View Point Source: City of Newport Beach Master Plan of Trails & Coastal Access and Recreation Maps COASTAL ACCESS � BACK BAY LANDING REGIONAL TRAIL CONNECTIONS N-201 NEWPORT BEACH, CALIFORNIA 1-7-2014 ' CLASS 2 5 r / (ON -STREET) / ' BIKE LANE i 1 cuss 2 I 1 (ONSTREET) 1 I BIKE LANE I cuss i REET) BIKEWA` BIKEWAY PEDESTRIAN 1 \ TRAIL / ♦,� ♦� Fire Truck - Turn -Around 7Fire Truck Turn -Around Under Bridge Bayside Village Mobile Home -Pa Emerge c I sede Vehicl ccess r Primary Vehicular f 1/� Access OCTA Bus Stop / East Coast Highway Optional Secondary Access Deceleration and right -turn movements only EXHIBIT 7 VEHICULAR CIRCULATION DESIGN GUIDELINES Primary vehicular access to the site will be from Bayside Drive approximately 200 feet north of the East Coast Highway intersection. This ----- project driveway would service both inbound �- and outbound movements, improve the existing driveway connection further into the site, and will be relocated approximately 45 feet north of its current location. Intersection improvements will maintain the existing left -turn lane, add a shared left- turn/through lane, and add an exclusive right - turn lane on the southbound approach of the signalized intersection of Bayside Drive with QEast Coast Highway. Project access Newport Dunes enhancements will include an exclusive left -turn Waterfront lane on the northbound approach of the Bayside Resort & Marina Drive and project driveway intersection. 1 Primary circulation includes two fire truck turn arounds. An Emergency Vehicle Access from Bayside Village Mobile Home Park provides an additional layer of safety. Secondary Gate Guarded Vehicular Secondary marina access for marina parking Access for Marina and public storage is located directly off Parking, Public Bayside Drive. Storage and Existing Restrooms An optional secondary access located approximately 430 feet west of the Bayside Drive intersection with East Coast Highway, would add an exclusive right -turn lane along westbound East Coast Highway. This connection would allow for inbound right -turn movements only. Outbound movements would be prohibited. ru BACK BAY LANDING NT.S NEWPORT BEACH, CALIFORNIA VEHICULAR CIRCULATION 7-16-2013 Mobile Home Guest Parking Adjusted Property Line Existing Bayside Village Circulation Existing Gated Marina Access Fire Truck Turn Around Original - Circulation %Lmergenc Vehicle Access Adjusted Property Line Circulation ------------------ Mobile Home Guest Parkinq Existing Back - Bay Landing Property Entry Location — Gated Gated— Pedestrian Pedestrian Access Access Proposed Bayside Village and Back Bay Landing Auto Circulation Source: Fuscoe Engineering Privacy Wall Revised Project Entry Location (Moved approximately 45 ft north of existing entry) EXHIBIT 8 REVISED VEHICULAR CIRCULATION & PARKING DESIGN GUIDELINES New & Improved Project Access Revised vehicular circulation will provide a new and improved access to the proposed project. The primary entry is located on Bayside Drive approximately 200 feet north of the East Coast Highway intersection. The entry is proposed to be relocated approximately 45 feet north of its exist- ing location. The reconfiguration will remove three (3) mobile homes and relocate thirty one (31) mobile home guest parking spaces and two trash bins to allow for the expanded project entry. New landscaping with decorative walls and pedestrian gates will separate the mixed use project from the mobile homes. The mobile home vehicular circulation will be reconfigured and will include thirteen (13) mobile home guest parking spaces. An additional eighteen (18) mobile home guest parking spaces will be relocated in Planning Area 4. There will be no net loss of guest parking to the mobile home community. REVISED VEHICULAR BACK BAY LANDING C I RCU LAT I O N & PARKING N.T.s. NEWPORT BEACH, CALIFORNIA 7-162013 \` \\ V Proposed Storm Dram Proposed Join Existing Storm Drain 24" Water Line �q _ Join Existing - Y 12" Water Line / Existing 30" water Line to Proposed 30" Proposed 8" Water ° 6e R?moved Steel Water Line I' Joio Existing i c Alt. 2 Proposed 8" Sewer I 36" Se,/er Line Proposed 8" Water Proposed 8" Sewer # Join Existing .'3 1 n Existing Existing Sewer 12" Storm Drain ,w 3T Water Line rY __ Pump Station , Proposed - Wil►' : ; `- -- �'�,_.. Storm Drain • � � ' 4. I , r ........... Y NO A ms` s v.� v O I Join Existing >r —�— Y �'_ _ _ _ 30" Water Line taw FM .�- s� / f �- Proposed 30" v ss ss - s Steel Water.Li ss y„ til ti - Alt: 1- v \ oin Existing 30" Storm Drain / Legend \ Y Proposed 8" Water -- --- - Existing Water r 30" Steel Water Line -Alt. 1 - Existing Sewer Y 30" Steel Water Line -Alt. 2 Existing Storm Drain a --- Proposed Sewer Proposed Storm Drain Source: Fuscoe UTILITIES PLAN Mika 8-30-2013 EXHIBIT 9 UTILITIES PLAN Sewer A new 8" sewer line is proposed to serve the Back Bay Landing project. It will connect into the existing 36" sewer line within Bayside Drive north of the proposed project. Based on the 2006 Strategic Plan Update for OCSD, capacity exists within the existing 36" line to accommodate the proposed project. Water The existing 30" water transmission line traversing the project site will be abandoned to minimize conflicts with the proposed project and allow easy access and maintenance to the proposed lines. Two alternatives are currently proposed to replace the capacity of the line and continue to provide reliable water service in case of an emergency to the western region of Newport Beach. Additionally, a new 8" water line will serve the proposed project and tie into the existing 12" water line in Bayside Drive. The increased demand on the existing line will be consistent with the proposed sewer generation rates. Water capacity is not anticipated to be an issue based on the redundant water transmission lines that surround the project site. BACK BAY LANDING NEWPORT BEACH, CALIFORNIA Proposed SD\Outlet �•, /'� / / "-� 1. /` �'�/, , ' • `�. v/ r • � � f� / / _ I � fished Boundary SO / rr Sub -Watershed ThreeSub-Watershed Two • y 2.4 Acres Sub -Watershed One • 2.4 Acres a.O� � 0.94 Acres O I • ' d 2 1 a Boundary �..`1ASO .. 12" Existing / Storm Drain ' Sub -Watershed One A r 0.12 Acre r —30" Existing Existing Storm Drain ■ SD Outlet • L�• Source: Fuscoe DRAINAGE PLAN EXHIBIT 10 DRAINAGE P LAN The proposed drainage plan consists of four sub -watersheds. Stormwater will be collected at various locations throughout the project site which will connect to either the existing 12 -inch storm drain and/or the existing 30 -inch storm drain and will deposit into the bay south of the East Coast Highway Bridge. Stormwater % collected in Sub -Watershed Two will drain directly into the bay, north of the Coastal Public View Tower. i i LEGEND ■ ■ — Main Watershed Boundary Sub -Watershed Boundary Proposed Storm Drain SD Existing 30" or 12" Storm Drain SD Existing or Proposed Storm Drian Outlet to Bay BACK BAY LAN D I N G NEWPORT BEACH, CALIFORNIA 12-21-2012 S' ?.y , •6 L- t East Coast Highway and Bayside Drive Coastal Public View Tower Public Bayfront Promenade Visitor -Serving Commercial ARCHITECTURAL THEME EXHIBIT 11 ARCHITECTURAL THEME DESIGN GUIDELINES The development shall be designed with a Coastal Mediterranean architectural theme. The intent is not to select a historically specific or rigid architectural style for the project, but to use it as the design guidelines to help shape the character of the area and reflect its setting within the City. Back Bay Landing will be designed and constructed to evoke the experience of a seaside village, with compatible architecture and community character to existing waterfront portions of Newport's Mariner's Mile, Lido and Newport Peninsulas. The design includes a coastal public view tower that will serve as a central focal point for the public waterfront plaza adjacent to the bayfront and will reinforce the seaside village community character. BACK BAY LANDING NEWPORT BEACH, CALIFORNIA 12-21-2012 Coastal Public View Tower & Vehicle Turn -Around Kayak &— Stand Up Paddle Board Rental, Source: Stoutenborough Inc., Architects & Planners East Coast Highway CONCEPTUAL SITE PLAN Public Walkway Connection Offsite -Existing N Mobile Homes EXHIBIT 12 CONCEPTUAL SITE & LANDSCAPE PLAN DESIGN GUIDELINES Back Bay Landing is an integrated, mixed-use waterfront village with visitor - serving retail and marine service commercial facilities, as well as a limited amount of attached residential uses. It is designed to evoke a seaside village and has a strong focus on the pedestrian experience. Note: Site and landscape plan provided for conceptual purposes only and is subject to change. 01 BACK BAY LANDING NEWPORT BEACH, CALIFORNIA 8-30-2013 8 Public View into site irom Castaways Park Castaways Park East Coast Highway — Bridge Over Newport Bay O View Corridor View Corridor Coastal Public View Tower (Public & ADA Accessible) fast Coast Hig 1*9N 1 O View Corridor at angled condition 1—T ECH SECTION/ELEVATION AND VIEW CORRIDOR (A) View Corridor I I O O O View Corridor East Coast Highway Remodeled Existing Sewer Pump Station EXHIBIT 13 EAST COAST HIGHWAY VIEW CORRIDORS DESIGN GUIDELINES Varied roof heights and undulating build- ings add variety to the street scene. Along the East Coast Highway and Bayside Drive, Five scenic view corridors are pre- served (3,4,5,6,7). Two new view corridors were created (1,2). O O View Corridor View Corridor Bayside Drive - Existing Mobile Home Source: Stoutenborough Inc.. Architects & Planners EAST COAST HIGHWAY BACK BAY LANDING VIEW CORRIDORS N.T.s. NEWPORT BEACH, CALIFORNIA 8-30-2013 0 Newport Dunes Waterfont Resort & Marina EXHIBIT 14 PARKING PLAN DESIGN GUIDELINES Back Bay Landing is a mixed-use water- front development providing parking above the City's requirements. Legend Parking Areas Source: Linscott, Law & Greenspan, Engineers M BACK BAY LANDING PARKING PLAN NEWPORT BEACH, CALIFORNIA ,2.2,_20,2 Chapter 21.28 —Overlay Coastal Zoning Districts (MHP, PM, B, and C) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts 21.28.020 Mobile Home Park (MHP) Overlay District 21.28.030 Parking Management (PM) Overlay District 21.28.040 Bluff (B) Overlay District 21.28.050 Canyon (C) Overlay District 21.28.060 Height (H) Overlay District 21.28.010 — Purposes of Overlay Coastal Zoning Districts The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter the most restrictive standard shall prevail. A. MHP (Mobile Home Park) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. Bluff (B) Overlay Coastal Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this Implementation Plan (Maps). C. Canyon (C) Overlay Coastal Zoning District. The C Overlay District is intended to establish development setbacks based on the predominant line of existing development for areas that contain a segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part 8 of this Implementation Plan (Maps). D. Height (H) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. 21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. A. Uses Allowed. Uses allowed in the MHP Overlay Coastal Zoning District include only those uses listed below. When an MHP Overlay Coastal Zoning District is applied to an Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-1 area, all uses previously allowed in the underlying Coastal Zoning district are no longer allowed. Mobile Home Parks. Mobile home parks as regulated by the State of California. 2. Accessory Structures and Uses. Accessory structures and uses incidental to the operation of mobile home parks (e.g., recreation facilities and/or community centers of a noncommercial nature, either public or private, storage facilities for the use of the mobile home park residents, and any other structures or uses that are incidental to the operation of a mobile home park). B. Removal of the Mobile Home Park Overlay District. The Council shall not approve a Coastal Zoning Map amendment that would remove the MHP designation from a property, unless all of the following findings have first been made: 1. The proposed Coastal Zoning is consistent with the Coastal Land Use Plan, and in the event the proposed Coastal Zoning is Planned Community, the PC Development Plan has been submitted and is consistent with the Coastal Land Use Plan; 2. The property which is the subject of the Coastal Zoning Map amendment would be more appropriately developed in compliance with the uses allowed by the underlying base coastal zoning, or proposed Coastal Zoning, and if the underlying base coastal zoning or proposed Coastal Zoning is Planned Community, that a PC Development Plan has been submitted and the property would be more appropriately developed with the uses specified in that development plan; and 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the California Government Code. a. A phase out plan shall not be found to be acceptable unless it includes all of the following: i. A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated; ii. Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants who are handicapped; and iii. The programs or other means that are to be implemented properly address the housing impacts on those described in subsection (13)(3)(a)(ii) of this section are mitigated. b. For purposes of this finding, "low and moderate incomes" shall be defined in compliance with the provisions of the City's Housing Element. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-2 ` 21.28.030 — Parking Management (PM) Overlay District A. Parking Management District Plan Required. Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan. B. Establishment of Parking Management Program(s). The parking management district plan shall identify existing and planned parking facilities and establish parking management programs necessary to adequately serve the parking needs of the area and provide for the following issues: 1. The provision of adequate, convenient parking for residents, guests, business patrons, and visitors of the Coastal Zone; 2. Optimizing the use of existing parking spaces; 3. Providing for existing and future land uses; 4. Reducing traffic congestion; 5. Limiting adverse parking impacts on user groups; 6. Providing improved parking information and signage; 7. Generating reasonable revenues to cover City costs; 8. Accommodating public transit and alternative modes of transportation. C. Exemptions. The parking management district plan shall also include a formula or procedure establishing the extent to which properties shall be exempted from the requirements of Chapter 21.40 (Off -Street Parking). D. Parking Management Overlay Districts Established. The parking management districts identified in this section and depicted in the referenced maps exhibits adopted in Part 8 of this Implementation Plan. 1. Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM -1. a. Purpose. The purpose of the Balboa Village Parking Management Overlay District is to identify existing and planned parking facilities and establish parking programs to adequately serve the parking needs for Balboa Village. Additionally, the District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 21.40 (Off -Street Parking). b. Existing Parking Facilities. The City maintains six public parking lots within or near the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City provides and maintains a small number of on -street Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-3 parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand. C. Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off-street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public. d. Required Off -Street Parking Non-residential Uses. No off-street parking shall be required for any new non-residential use or intensification of uses except the following uses as defined by the Implementation Plan: Assembly/Meeting Facilities, Commercial Recreation and Entertainment, Cultural Institutions, all Marine Services Uses, Schools, and Visitor Accommodations. Uses that require off-street parking shall provide said spaces in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). ii. Residential Uses. Residential uses shall provide parking in accordance with Chapters 21.40 (Off -Street Parking) and 21.38 (Nonconforming Uses and Structures). iii. Existing off-street parking spaces shall be preserved unless the elimination of spaces is authorized by the approval of a coastal development permit application by the Zoning Administrator. iv. Shared Parking for Non-residential Uses. Notwithstanding the Implementation Plan requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged. Shared parking shall be subject to the following requirements: (A) Required Off-street Parking. When required, parking for non-residential uses may be satisfied by leasing nearby parking spaces at off-site locations within 1,250 feet of the parcel it serves. Development on multiple parcels with reciprocal access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuity Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-4 when the use requires it and may only be discontinued if the use is discontinued. (B) Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public. (C) Parking within Mixed-use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a coastal development permit application. (D) The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions: (1) Shared parking spaces are within 1,250 feet as described in Section 21.28.030.D.5.d.1; (2) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking; (3) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses; (4) The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director; (5) The Director may require the preparation and implementation of a parking management program to address potential parking conflicts. (E) Section 21.40.110.A.2 (Joint Use of Parking Facilities) does not apply within the Balboa Village Parking Management Overlay District. V. Private Parking Facilities Available to the General Public. Non-residential, off-street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and/or management of the parking facility. Allowing general public access to private off-street parking facilities shall not affect the property's conformance with its required off-street parking. The agreement should at a minimum address hours of availability for use by the general public, signage, maintenance, duration of agreement, and liability. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-5 e. Suspension of In -lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in -lieu parking pursuant to Section 21.40.130 (In -Lieu Parking Fee). The requirement that existing uses within the Balboa Village Parking Management Overlay District participate in the in -lieu parking permit program shall be discontinued as of the effective date of the District. f. Voluntary Employee Parking. The City will develop and implement a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours. 21.28.040 – Bluff (B) Overlay District A. Applicability. This section applies to lots located in the Bluff (B) Overlay District as indicated on the Coastal Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this section the most restrictive standard shall prevail. B. Uses Allowed. Land uses allowed in the B Overlay District are all those uses allowed in the underlying coastal zoning district. C. Development Area Defined. For the purpose of this section the development area of a lot is an area delineated for the purpose of regulating the placement and location of structures. Each lot within the B Overlay District shall be divided into two or more development areas. Development areas are delineated on the Development Area Maps attached to the ordinance codified in this Implementation Plan and are consistent with the development areas listed in subsection (D) of this section. The setbacks provided in Tables 21.18-2 and 21.18-3 in Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) are not used to determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable. 1. Development Area A — Principal and Accessory Structures. Area A allows for the development and use of principal and accessory structures. Accessory structures allowed in Areas B and C are allowed in Area A. 2. Development Area B — Accessory Structures. Area B allows for the development and use of accessory structures listed below. Principal structures are not allowed. a. Allowed Accessory Structures. The following accessory structures are allowed in Area B: Accessory structures allowed in Area C are allowed within Area B. Barbecues. iii. Decks. iv. Detached or attached patio covers (solid or lattice). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-6 V. Fences, walls, and retaining walls in compliance with Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). vi. Fireplaces and fire pits. vii. Gazebos. viii. Outdoor play equipment. ix. Patios. X Platforms. xi. Porches. xii. Spas and hot tubs. xiii. Swimming pools. xiv. Terraces. xv. Similar structures. b. Development standards for accessory structures. The following development standards apply to Area B: i. Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not exceed twelve (12) feet in height from existing grade or finished grade or exceed four hundred (400) square feet in cumulative total area. ii. Retaining walls shall comply with Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). 3. Development Area C—Limited Accessory Structures. Area C allows for the development and use of limited accessory structures. The following accessory structures are allowed in Area C: a. Benches. b. Drainage devices. C. Guardrails and handrails required by building code. d. Landscaping/irrigation systems. e. On -grade trails. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-7 f. On -grade stairways. g. Property line fences and walls, not including retaining walls. h. Underground utilities. Similar structures. D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibits adopted in Part 8 of this Implementation Plan. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibits B-2 through B-8, attached to the ordinance codified in this Implementation Plan.) All contour lines refer to NAVD88 contours. 2. Map 2—Irvine Terrace. a. Dolphin Terrace. i. Development Area A. Between the front property line adjacent to Dolphin Terrace and a ten (10) foot setback from the top of the existing bluff. ii. Development Area B. Between the ten (10) foot setback from the top of the existing bluff and a line established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb adjacent to the lot. iii. Development Area C. All portions of the lot not located in Areas A and B. 3. Map 3—Irvine Terrace. a. Bayadere Terrace (1607). i. Development Area A. The extent of the existing principal structure. ii. Development Area B. Between the extent of the existing development and a development line established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb adjacent to the lot. iii. Development Area C. All portions of the lot not located in Areas A and B. b. Bayadere Terrace (1615-1638). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-8 Development Area A. Between the front property line adjacent to Bayadere Terrace and the forty-eight (48) foot contour line*. Development Area B. Between the forty-eight (48) foot contour line* and a development line established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb adjacent to the lot. iii. Development Area C. All portions of the lot not located in Areas A and B. C. Bayadere Terrace (1701-2201). Development Area A. Between the front property line adjacent to Bayadere Terrace and the fifty (50) foot contour line*. Development Area B. Between the fifty (50) foot contour line and a development line established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb adjacent to the lot. iii. Development Area C. All portions of the lot not located in Areas A and B. 4. Map 4—Avocado Avenue/Pacific Drive. a. Avocado Avenue. Development Area A. Above the sixty-eight (68) foot contour line for 415 Avocado Avenue, above the fifty (50) foot contour line for 411 Avocado Avenue and the prolongation of such contour line along the shortest segment to the thirty-five (35) foot contour line for 401 Avocado Avenue. Development Area C. Below the sixty-eight (68) foot contour line at 415 Avocado Avenue, fifty (50) foot contour line at 411 Avocado Avenue, and below the thirty-five (35) foot contour line* along 401 Avocado Avenue. b. Pacific Drive (2235-2329). Development Area A. Between the front property line adjacent to Pacific Drive and the fifty-three (53) foot contour line.* Development Area C. All portions of the lot not located in Area A. 5. Map 5—Carnation Avenue. Carnation Avenue (201-233). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-9 Development Area A. Between the front property line adjacent to Carnation Avenue and the 50.7 -foot contour line.* ii. Development Area C. All portions of the lot not located in Area A. b. Carnation Avenue (239-317). i. Development Area A. As indicated by the specified distance (in feet) from the front property line adjacent to Carnation Avenue on the development area map. ii. Development Area B. Between the Area A development line and the seventy (70) foot contour line.* iii. Development Area C. All portions of the lot not located in Area A or B. iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. 6. Map 6—Ocean Boulevard/Breakers Drive. a. Breakers Drive (3100-3200). L Development Area A. Between the fifty-two (52) foot contour line* and the property line adjacent to Breakers Drive. ii. Development Area B. Between the forty-eight (48) foot contour line* and the thirty-three (33) foot contour line.* iii. Development Area C. All portions of the lot not located in Area A or B. iv. Additional Development Standards. Structure height may not exceed the fifty-two (52) foot contour line.* No fences or walls allowed in Area C. b. Ocean Boulevard (3207-3309). i. Development Area A. Between the forty-eight (48) foot contour line* and the property line adjacent to Ocean Boulevard and between the thirty-three (33) foot contour line* and the property line adjacent to Breakers Drive. ii. Development Area C. Between the thirty-three (33) foot and forty-eight (48) foot contour lines.* iii. Additional Development Standards. Covered walkways connecting a conforming garage and principal structure are allowed in Area C. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-10 C. Ocean Boulevard (3317-3431). i. Development Area A. Between the forty-eight (48) foot contour line* and the property line adjacent to Ocean Boulevard. ii. Development Area B. Between the forty-eight (48) foot contour line and the thirty-eight (38) foot contour line.* iii. Development Area C. All portions of the lot not located in Area A or B. iv. Additional Development Standards. No fences or walls in Area C. d. Ocean Boulevard (3601-3729). i. Development Area A. Between the property line adjacent to Ocean Boulevard and the seaward extent of the existing development area. ii. Development Area C. All portions of the lot not located in Area A. iii. Additional Development Standards. New development shall not extend further onto the bluff face beyond existing development. 7. Map 7—Shorecliffs. a. Shorecliff Road. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map. ii. Development Area B. Between the seaward boundary of Area A and a line established by a ten (10) foot setback from the bluff edge (not all lots have an Area B). iii. Development Area C. All portions of the lot not located in Area A or B. iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. No fences or walls shall be allowed in Area C. 8. Map 8—Cameo Shores. a. Brighton Road. i. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-11 ii. Development Area B. Between the seaward boundary of Area A and a line established by a ten (10) foot setback from the bluff edge (not all lots may have an Area B). iii. Development Area C. All portions of the lot not located in Area A or B. iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated as Area A. No fences or walls shall be allowed in Area C. E. Basements. Basements are allowed in Area A and may be constructed at an elevation (NAVD88) below any specified contour elevation. Basements shall not daylight on the bluff or slope face beyond Area A. F. Grading—All Development Areas. Grading is limited to the minimum necessary for the construction and placement of allowed structures. G. Swimming Pools. Swimming pools shall be of double wall construction with subdrains between the walls and leak detection devices or an equivalent method. H. Landscaping and Irrigation. See Sections 21.30.030 (C)(2), 21.30.075 (Landscaping), and 21.30.085 (Water Efficient Landscaping). Coastal Hazards and Geologic Stability Reports. Coastal hazards and geologic stability reports shall be provided pursuant to Section 21.30.015 (C) (Development in Hazardous Areas). J. Erosion Control Plan. An erosion control plan shall be required pursuant to Section 21.30.015 (C) (7) (Erosion Control Plan). K. Natural Landform and Shoreline Protection. See Section 21.30.030 (Natural Landform and Shoreline Protection). L. Scenic and Visual Quality Protection. See Section 21.30.100 (Scenic and Visual Quality Protection). M. Encroachments. 1. Above Grade Encroachments. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A into Area B without limitation, provided they do not require ground support. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C, provided they do not require ground support and encroach no farther than five feet into Area C and comply with any required minimum setbacks. 2. Subterranean Structural Encroachments. Foundations, basement walls, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-12 structural supports, and shoring for principal structures may encroach a maximum of twenty-four (24) inches into an adjacent development area (B or C). N. Nonconforming Structures. Principal and accessory structures that do not conform to the development standards of this chapter shall comply with Section 21.38.040 (Nonconforming Structures) of this Zoning Code. O. Adjustment of Development Area Boundary. Reduced Development Area(s). A bluff development area shall be reduced whenever necessary to: Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a development. At a minimum, the development area shall be adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff, whichever is further landward; and b. Ensure that the principal structures are safe from hazards due to erosional factors for the economic life of the building. 2. Increased Development Area(s). A development area's boundaries may be adjusted through the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) to allow structures and grading not otherwise allowed. In addition to the coastal development permit findings, all of the following findings shall also be made: a. The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward; b. The increased bluff development area will provide adequate protection from erosion factors for the economic life of the development; C. The increased bluff development area will be compatible and consistent with surrounding development; and d. The increased bluff development area will not have an impact on public views or sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare. 21.28.050 — Canyon (C) Overlay District A. Applicability. This section applies to lots located in the Canyon (C) Overlay District as indicated on the Coastal Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-13 addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this section the most restrictive standard shall prevail. B. Uses Allowed. Land uses allowed in the C Overlay District are all those uses allowed in the underlying coastal zoning district. C. Development Stringline Setback. Development within the C Overlay District shall not extend beyond the predominant line of existing development on canyon faces by establishing a development stringline where a line is drawn between nearest adjacent corners of existing principal and accessory structures on either side of the subject property. 1. Adjustments to the Development Stringline. The review authority may adjust the development stringline under the following circumstances: To ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the canyon or a factor of safety greater than or equal to 1.1 for the seismic condition of the canyon, whichever is farther upward from the canyon base; b. To provide adequate protection from erosional factors for the economic life of the development; C. To provide an adequate open space protective buffer to sensitive habitat areas. 2. Approved Future Development. The review authority may permit the stringline setback lines to be drawn from approved, yet undeveloped, buildings and structures authorized by a coastal development permit. D. Existing Structures. Existing principal and accessory structures that extend beyond the development stringline setback may be modified or replaced with like principal and accessory structures pursuant to Section 21.38.040 (H) (Nonconformity with Coastal Resource Protection Regulations). F. Floor Area Limit Calculation. The development stringline setback shall be used only to establish the development area on the canyon face and shall not be used to determine the maximum floor area limit for the lot. G. Swimming Pools. Swimming pools shall be of double wall construction with subdrains between the walls and leak detection devices or an equivalent method. H. Landscaping and Irrigation. See Sections 21.30.030 (C)(2), 21.30.075 (Landscaping), and 21.30.085 (Water Efficient Landscaping). I. Coastal Hazards and Geologic Stability Reports. Coastal hazards and geologic stability reports shall be provided pursuant to Section 21.30.015 (C) (Development in Hazardous Areas). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-14 J. Erosion Control Plan. An erosion control plan shall be required pursuant to Section 21.30.015 (C) (7) (Erosion Control Plan). K. Natural Landform and Shoreline Protection. See Section 21.30.030 (Natural Landform and Shoreline Protection). L. Scenic and Visual Quality Protection. See Section 21.30.100 (Scenic and Visual Quality Protection). 21.28.060 — Height (H) Overlay District A. Applicability. The Height Overlay District includes properties located in the Multiple Residential (RM) Zoning District within Statistical Area A2. B. Discretionary Review. A request for an increase in building height under the provisions of the Height (H) Overlay District requires discretionary review through a coastal development permit. C. Eligibility. Properties eligible for the Height (H) Overlay District must have a minimum lot size of one acre. D. Maximum Height. The maximum height limit is forty (40) feet for a flat roof and forty-five (45) feet for a sloped roof. The development shall be three stories maximum. E. Required Findings. The review authority may approve a coastal development permit to allow a project in compliance with this section only after finding all of the following in addition to the findings required for the coastal development permit application in Section 21.52.015 (F) and the findings required by Section 20.30.060(C)(3): 1. The proposed project provides increased building setbacks from public streets and property lines above code requirements; 2. The proposed project provides project enhancements and on-site recreational amenities for the residents above code requirements; and 3. The proposed project provides quality architecture and quality materials. F. Standards. The following standards should be considered for compliance with subsection (E)(3) of this section: 1. Enhanced treatment of building elevations facing public streets with respect to architectural treatment to achieve a high level of design and neighborhood quality (e.g., high quality doors, windows, moldings, metalwork, finishes, stoops, porches, etc.). 2. Building materials and colors should be selected that will complement the proposed design and existing buildings in the surrounding area. 3. Building materials should be high quality, durable, authentic to the architectural style, and applied in a quality fashion. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-15 4. If stucco is used it should have a smooth finish. Sand and lace stucco finishes should be avoided. 5. Lighting should be selected to provide ambiance, safety, and security, without unnecessary spillover or glare. 6. Building owners and tenants should keep the building exteriors and facades clean and in good repair. G. Subdivisions. Projects that include a subdivision shall adhere to the following criteria in order to ensure the provision of enhanced project design features: 1. Overall Lot Setbacks. The Multiple Residential (RM) Zoning District setback requirements are applicable to the overall development lot. 2. Primary Structure Front Setback. The minimum setback for primary structures is twenty-five (25) feet from any front property line abutting a public street. 3. Street Enhancements. A landscaped area is required within the first fifteen (15) feet of the front setback, and shall include trees, shrubs, and ground cover. Fences, walls, or hedges are allowed beyond the fifteen (15) foot front landscape setback. 4. Side Landscape Setback. A minimum five-foot landscape setback is required from any side property line abutting a public street, and shall include trees, shrubs, and ground cover. Fences, walls, or hedges are allowed beyond the five-foot setback. 5. Public Sidewalks. Sidewalks are required to be a minimum width of eight feet. A meandering sidewalk design is preferred for lots greater than three hundred (300) feet in width and must be designed to be compatible with abutting properties. 6. Common Open Space. A minimum of one hundred (100) square feet of common open space per unit is required, not including pathways, and must be dedicated to recreational amenities. 7. Recreational Amenities. Recreational amenities are required and may include a recreation building, seating areas, barbecue/grill, fire pit/fireplace, swimming pool/spa, bicycle racks/storage, activity area (such as playing field/lawn, sport court, horseshoe pit, playground, etc.), or similar amenities. 8. Additional Guest Parking. Where limited off-site, on -street parking is available, guest parking is required above the code requirement and must be distributed throughout the site. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.28-16 Chapter 21.30 — Property Development Standards Sections: 21.30.010 Purpose and Applicability 21.30.015 General Site Planning and Development Standards 21.30.025 Coastal Zone Subdivisions 21.30.030 Natural Landform and Shoreline Protection 21.30.040 Fences, Hedges, Walls, and Retaining Walls 21.30.050 Grade Establishment 21.30.060 Height Limits and Exceptions 21.30.065 Signs 21.30.070 Outdoor Lighting 21.30.075 Landscaping 21.30.085 Water Efficient Landscaping 21.30.100 Scenic and Visual Quality Protection 21.30.105 Cultural Resource Protection 21.30.110 Setback Regulations and Exceptions 21.30.130 Traffic Safety Visibility Area 21.30.135 Water Quality Control 21.30.010 — Purpose and Applicability The purpose of this chapter is to ensure that development is consistent with the Coastal Land Use Plan, complies with the standards of this chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties. The standards of this chapter apply to all coastal zoning districts. These standards shall be considered in combination with the standards for each coastal zoning district in Part 2 (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) and Part 4 of this Implementation Plan (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the coastal zoning district or specific land use shall override these general standards. All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the Director. 21.30.015 — General Site Planning and Development Standards A. Location of New Development. New development shall be located in areas with adequate public services or in areas that are capable of having public services extended or expanded without significant adverse effects on coastal resources. Redevelopment and infill development shall be allowed within and adjacent to the existing developed areas in the Coastal Zone subject to the density and intensity limits and resource protection policies of the Coastal Land Use Plan. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-1 B. Non-residential Waterfront Development. Applicability. This subsection applies to coastal development permit applications on non-residential properties fronting on the waterfront of Newport Bay, the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. 2. Considerations. In reviewing a coastal development permit application for development, the review authority shall consider the following: a. Whether the development reduces coastal -dependent commercial uses and/or allows coastal -dependent uses to remain; The suitability of the site to accommodate coastal -dependent uses; The project's ability to accommodate coastal -related uses; d. The project's ability to create waterfront public spaces and beaches, with adjacent water access and docking facilities that serves as the identity and activity "centers" of Newport Harbor for special events of community/regional interest; e. Potential impacts to existing coastal -dependent and coastal -related developments, both on project site and on adjacent properties; The adequacy of marine -related facilities and the present and foreseeable demand for such facilities. 3. Development Standards. a. Public Access to Bay Front. The dedication and improvement of public access to, and along the waterfront, in conjunction with proposed development and new land uses shall be required pursuant to Chapter 21.30A (Public Access and Recreation). Pump -out Facilities Required. On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sports fishing establishments, commercial fishing facilities, marine service stations, gas docks, boat launching facilities, or other similar uses, either public or private, boat holding tank pump -out facilities shall be provided in each case, unless otherwise approved by the review authority as part of a coastal development permit. Said pump -out facilities shall have adequate capacity to accommodate all vessels anticipated at each site. Prior to the issuance of building permits, the Harbor Resources Manager shall approve all plans and specifications of pump -out facilities. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-2 C. Development in Hazardous Areas. 1. General. New development shall be sited and designed to avoid hazardous areas and minimize risks to life and property from coastal, geologic, seismic, fire, and other hazards. 2. Local Hazards Mitigation Plan. New development shall be reviewed in relationship to the most current Local Hazard Mitigation Plan (LHMP) to avoid high hazard areas and to implement preventive measures in areas vulnerable to natural hazards. 3. Coastal Hazards Report. Coastal development permit applications in areas subject to erosion, flooding/inundation, wave runup, or wave impacts shall submit a coastal hazards report that includes the following: a. A statement of the preparer's qualifications; b. Identification of coastal hazards affecting the site; C. Identification of necessary mitigation measures; d. An analysis of the following conditions: (1) A seasonally eroded beach combined with long-term (75 -year) erosion; (2) High tide conditions, combined with long-term (75 -year) projections for sea level rise; and (3) Storm waves from a 100 -year event or a storm that compares to the 1982/83 EI Nino event. 4. Geologic Stability Report. Coastal development permit applications in areas of known or potential geologic or seismic hazards shall be required to submit a geologic geologic/soils/geotechnical report that includes the following: a. A statement of the preparer's qualifications; b. Identification of geologic hazards affecting the site; C. Identification of necessary mitigation measures; d. A certification that the: (1) Site is suitable for the development; (2) Development will have no adverse effect on the stability of the bluff, canyon, or shoreline; and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-3 (3) Development is expected to be reasonably safe from failure and erosion over its economic lifetime without having to install additional stabilization features to protective structures in the future. e. An analysis of the following factors: (1) Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site; (2) Historic, current, and foreseeable erosion, including changes in shore configuration and sand transport; (3) Geologic conditions (e.g., soil, sediment, rock types and characteristics, etc.) in addition to structural features (e.g., bedding, joints, faults, etc.). The analysis shall include slope stability/failure analyses (i.e., analyses of the possibility that bluff retreat may occur suddenly and catastrophically through slope failure) and erosion rate estimates (i.e., estimates of the possible rate at which bluff retreat may occur over time); (4) Evidence of past or potential landslide conditions, the implications of the condition for the proposed development, and the potential effects of the development on landslide activity; (5) Impact of construction activity on the stability of the site and adjacent area; (6) Ground and surface water conditions and variations, including hydrologic changes caused by the development; (7) The erosion potential of the site and mitigation measures to be used to ensure minimized erosion problems before and after construction (i.e., landscape and drainage design); (8) Effects of marine erosion factoring in long-term (75 -year) projections for sea level rise; (9) Potential effects of seismic forces resulting from a maximum credible earthquake; and (10) Any other factors that might affect bluff, canyon, or shoreline stability. 5. Waiver of Future Protection. As a condition of approval, the review authority shall require an agreement between an applicant, including its successors and assigns, and the City in favor of the City, in a form approved by the City Attorney, and recorded by the applicant, waiving future protection to address situations in the future in which development is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, or other natural hazards. The applicant shall agree to: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-4 a. Never construct structures or features over the economic life of the development to protect the development; and Remove and relocate all portions of a development, including associated fallen debris at the base of a bluff or canyon, if a government agency determines that the development is hazardous or a threat to the public. 6. Fuel Modification. a. New development in urban wildland interface areas shall be sited and designed to avoid fire hazard areas, incorporate required fuel modification zones, and avoid the need to extend fuel modification zones into sensitive habitats to the maximum extent feasible. Fuel modification zones abutting sensitive habitats shall consist of fire -resistive, native plant species from the City -approved plant list. C. Invasive ornamental plant species shall be prohibited in fuel modification zones abutting sensitive habitats. 7. Erosion Control Plan. Applications for development located within 100 feet of a bluff or canyon edge involving substantial alterations to existing buildings or site design, or construction of new buildings shall include a site-specific erosion control plan. The plan shall be prepared by a registered engineer qualified in hydrology and soil mechanics, and shall incorporate drainage improvements, irrigation systems, and/or native or drought -tolerant vegetation into the design to minimize bluff or canyon recession and will eliminate or mitigate any adverse impacts on local shoreline sand supply to the maximum extent feasible. 21.30.025 — Coastal Zone Subdivisions A. Compliance with Local Coastal Program Required. Any proposed subdivision lying wholly or partially within the Coastal Zone shall be designed to comply with and implement the goals, policies and various components of the applicable Local Coastal Program. B. Public Access and Open Space Areas. When the Local Coastal Program indicates the location of a public accessway or of any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map and offered for dedication to the City. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or conservation area, whether public or private, shall be identified on the map. Where feasible, dedications shall provide connections to existing and proposed bikeways and trail systems. Park and recreational facilities shall be adequate to accommodate the needs of new residents of the subdivision. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-5 3. Where feasible, public trails, recreation areas, and viewing areas shall be provided adjacent to public coastal view corridors. 4. New planned communities shall dedicate or preserve as open space the coastal bluff face and an area inland from the edge of the coastal bluff adequate to provide safe public access and to avoid or minimize visual impacts. C. Hazardous Areas. Proposed subdivisions shall be designed to avoid hazardous areas and minimize risks to life and property from coastal and other hazards. D. Coastal Resource Protection. Proposed subdivisions shall be designed to minimize impacts to coastal bluffs and preclude new development within and minimize impacts to environmentally sensitive habitat areas. E. Alternative Transportation. Proposed subdivisions of 100 dwelling units or more shall be designed to facilitate provision or extension of transit service and provide non -automobile circulation within the development to the greatest extent possible. F. Private Streets. New private streets that inhibit public access to and along the shoreline and to beaches, coastal parks, trails, or coastal bluffs are prohibited. 21.30.030 — Natural Landform and Shoreline Protection A. Purpose. This section provides regulations for the protection of natural landforms and shoreline features. The intent is to ensure that development is sited and designed to minimize hazards to life and property; to ensure the structural integrity of bluffs and canyons; to neither create nor contribute to erosion or adverse impacts on shoreline sand supply and the shoreline; and to protect public access, public views, and scenic qualities of the Coastal Zone; and to implement policies of the Coastal Land Use Plan. B. Applicability. This section applies to coastal development permit applications on lots that abut or include bluffs, canyons, or the shoreline. Exempt Development. This section does not apply to public improvements that provide public access, protect coastal resources, or provide for public safety (e.g., walkways leading to approved public beach access facilities, open fences for safety or resource protection, public seating benches, lighting standards, signs, etc.), provided that: a. No feasible alternative exists; and b. The improvements are designed and constructed to: (1) Minimize alteration of topography; (2) Minimize erosion; and (3) Be visually compatible with the surrounding area to the maximum extent feasible. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-6 C. Development Standards. Bluff and Canyon Setbacks. a. B Overlay and C Overlay Districts. As provided in Section 21.28.040 (Bluff (B) Overlay District) and Section 21.28.050 Canyon (C) Overlay District). b. Planned Communities. Planned communities established before the certification date of the Coastal Land Use Plan (i.e., Bayside Residential, Bayview Landing, Newport Coast, Newport Ridge, Newporter North (Harbor Cove), Park Newport, and Upper Castaways) shall maintain the setbacks established by the approved site plan. C. Other Coastal Zoning Districts. As required by the development standards for that coastal zoning district. 2. Landscaping and Irrigation. In addition, to the standards in Section 21.30.075 (Landscaping) the following standards shall apply: a. Plant material shall provide a transition area between developed areas and natural habitats and shall be drought -tolerant and either native or noninvasive to minimize the need for irrigation beyond initial plant establishment. b. The selection and siting of landscaping materials shall minimize impacts to public views at maturity. Permanent irrigation shall not be allowed on or near a bluff or canyon protected by dedication to the Upper Newport Bay Nature Preserve or dedicated as open space as part of a planned residential development. Temporary irrigation (e.g., above -ground sprayers, microsprayers, drip irrigation, etc.) may be allowed on a case-by-case basis as necessary to establish native or naturalized plant materials. Temporary irrigation shall be removed upon establishment of the plant materials d. Irrigation systems shall be designed to minimize coastal bluff and canyon erosion. Water -efficient systems (e.g., drip, mini -spray, bubbler -type, or similar drip systems) shall be used on bluff and canyon faces and within fifty (50) feet of a bluff edge or canyon edge. Low -flow sprinkler heads with matched precipitation rates shall be used when spray or rotor -type heads are specified for watering shrubs and groundcover areas. 3. Protective Structures. The following standards shall apply to the construction of protective structures: a. The construction of protective structures shall be prohibited, except to protect coastal -dependent uses, or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply, and existing development that are: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-7 (1) Not subject to recorded waivers of future protection. (2) Threatened by natural hazards, provided that the structures are limited to the minimum required to protect existing development. For purposes of this subsection, "existing development" shall consist only of a principal structure (e.g., residential dwelling, required garage, second residential unit, etc.) and shall not include accessory structures (e.g., cabanas, decks, landscaping, patios, pools, stairs, tennis courts, etc.). b. The construction of protective structures shall be prohibited for the purpose of enlarging or expanding areas for new development or for new development. However, this shall not preclude the expansion or encroachment into coastal waters to the minimum extent necessary to repair, maintain, or replace an existing protective device. Under no circumstances shall the backfill be used to create new usable land areas. C. In shoreline areas, temporary and/or permanent sand dunes may be installed to protect structures from wave uprush, provided that their installation minimizes significant impacts to coastal access and resources. When feasible, nonstructural methods (e.g., dune restoration, sand nourishment, etc.) shall be used instead of shoreline protective structures. d. Protective devices shall be designed and sited to eliminate or mitigate adverse impacts to coastal resources; to minimize alteration of natural shoreline processes; to provide for coastal access; to minimize visual impacts; and to eliminate or mitigate adverse impacts on local shoreline sand supply. 4. Removal or Relocation of Structures. a. Structures Subject to Waivers. Development subject to a Waiver of Future Protection recorded in compliance with Section 21.30.015 (D) (5) shall be removed or relocated when threatened by erosion, instability, or other hazards. b. Unauthorized Structures. Unauthorized structures, including protective structures, fences, and stairways, that encroach into bluffs or canyons shall be removed. 5. Open Space Dedication for New Planned Communities. Coastal development permit applications for new planned communities shall dedicate or preserve as open space the bluff or canyon face and an area inland from the edge of the bluff or canyon adequate to provide safe public access and to avoid or minimize visual impacts. 6. Swimming Pools. Swimming pools shall be of double wall construction with subdrains between the walls and leak detection devices or an equivalent method. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-8 7. Site Planning and Design Techniques. Site design and construction techniques that minimize adverse impacts on bluffs and canyons to the maximum feasible extent shall be used. a. Site Planning Techniques. Site planning techniques may include the following: (1) Siting new development on the flattest area of a site, except when an alternative location is more protective of bluff and canyon resources; (2) Minimizing alteration of the site's natural topography by blending altered slopes into the natural site contours and by preserving rock outcroppings; (3) Locating development within the existing building pads; (4) Minimizing the removal of native vegetation; or (5) Clustering building sites. b. Design Techniques. Design techniques may include the following: (1) Designing structures to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and structure design; (2) Utilizing special foundations (e.g., stepped, split-level, or cantilever designs; etc.); or (3) Detaching parts of the development (e.g., detaching a garage from a dwelling unit). 21.30.040 — Fences, Hedges, Walls, and Retaining Walls This section provides standards for the provision of fences, hedges, walls, and retaining walls. A. Maximum Height Allowed. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 30-1. TABLE 21.30-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial coastal zoning districts. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-9 Location Maximum Height 8 feet in industrial coastal zoning districts adjacent to residential uses. Setback areas abutting or adjacent to 42 inches from existing grade prior to construction. the waterfront of Newport Bay, the Setback areas on Balboa Island and Little Balboa shoreline of the Pacific Ocean, the Old Island that are abutting or adjacent to Newport Bay are Channel of the Santa River (the Oxbow regulated by subsection (B) of this section. Loop), or the channels in West Newport. At intersections of streets, alleys and See Section 21.30.130 (Traffic Safety Visibility Area). driveways within traffic sight areas. 2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from finish grade at the base of the wall, not including any required guardrails. A minimum horizontal separation equal to the height of the tallest retaining wall shall be provided between retaining walls, except that the required separation shall not be more than six feet. The above requirements shall not apply to retaining walls that are an integral part of principal structures. An increase in the height of a retaining wall may be requested in compliance with Chapter 21.52 (Coastal Development Review Procedures). B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1. C. Exceptions to Maximum Height. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1. 2. Decorative Fence/Wall Details and Lights. a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are secure and do not extend more than twelve (12) inches above the maximum allowed height. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-10 b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or wall. 3. Fencing for Pools and Spas. a. Swimming pools, spas, and other similar features shall provide safety fencing. b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42) inch height limitations may be allowed to exceed the height limit in compliance with the following standards: (1) Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the above, glass or Plexiglas may be allowed; and (2) Fence height shall be limited to the minimum required for safety. 5=10" 40 Percent Open Pedestrian Construction r ---i Required Sidewalk ha 40 Percent Open Construction Required Pedestrian 2'-0» ea Sidcwalk .� N LA Grade fi z Existing Grade sa rh Figure 3- 1 Grade Differential at Front Property Line Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-11 4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to nonresidential coastal zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in height in required residential side yards for buffering and/or sound attenuation. 5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and rear yard setback areas may be increased provided the height does not exceed six feet as measured from the proposed finished grade and nine feet as measured from the existing grade prior to construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is constructed of a transparent material. D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located. E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential coastal zoning districts. 21.30.050 — Grade Establishment This section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the surface from which to measure structure height to be used in conjunction with the provisions of Section 21.30.060 (Height Limits and Exceptions). A. Establishment of Slope. In order to determine which of the two methods to use to establish the grade of the lot from which to measure structure height as provided in subsection (B) of this section, it is first necessary to determine the slope of the lot as follows: 1. The slope of a lot shall be determined using a four-sided polygon that most closely approximates the actual footprint of the proposed structure. The area of the four-sided polygon shall not be smaller than the footprint of the proposed structure and shall be located entirely within the buildable area of the lot (see Figure 3-2); 2. The slope of the polygon shall be determined using the highest and lowest elevation at any of the four corners of the polygon and the distance between the respective corners; 3. If the location of the polygon selected by the applicant is not clearly representative of the lot's topography or representative of the prevailing slopes on adjoining lots because of retaining structures or previous excavation/fill, the Director shall establish the appropriate area to be used to determine the slope of the lot. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-12 Figure 3- 2 Area for Determining Slope B. Establishment of Grade. The grade of a lot shall be established by one of the following methods unless the Director establishes the grade in compliance with subsection (C) of this section (Establishment of Grade by Director). Subdivisions. If the City approves or has approved a grading plan in conjunction with an approved subdivision, the established grade shall be the finished grade as shown on the grading plan or final subdivision map. 2. Five Percent or Less Slope. On lots where the slope of the four-sided polygon is five percent or less, the grade of the surface from which structure height is measured shall be a plane established using the average of the elevations at each corner of the four-sided polygon. Example: A + B + C + D = X; X/4 = Established grade elevation from which to measure structure height. 3. More than Five Percent Slope. a. On lots where the slope of the four-sided polygon is greater than five percent, the established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at five evenly spaced points along each of the two side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line. b. The five evenly spaced points along each side property line shall be located so that one point is located at the intersection of the front setback line with the side property line and another point is located at the intersection of the rear setback line with the side property line. The other three points along the side property line shall be located so that all five points are equidistant from each other (see Figure 3-3). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-13 P1 FrontSettuek 2 Buildable Area th sided polygon F that approximates h .s V P3 the building fcrntprini P4 Lot Line I� P4sfrT"'?rsx;;: cGttsa�k , ..,.�'' 's P5 Figure 3- 3 Slope Greater than Five Percent C. On lots that slope an average of twenty (20) percent or greater, or on irregularly shaped or sloping lots, the Director may require that additional points of elevation be provided. C. Establishment of Grade by Director. If the Director finds that the existing grade on the subject lot has been previously altered (e.g., contains retaining structures, property line walls, planters, or excavation/fill), or other conditions are present to the degree that the existing grade is not representative of the prevailing grades on adjoining lots and/or the general area and, therefore, is not appropriate for the purpose of establishing the grade of the subject lot, the Director may establish the grade that is reasonable and comparable with the grades of adjoining lots and that will not be detrimental or injurious to property and improvements on adjoining lots. 21.30.060 — Height Limits and Exceptions A. This section establishes regulations for determining compliance with the maximum allowable height limits established for each coastal zoning district by Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards). B. Height of Structures and Measurement. Structure Height Established. Structures shall not exceed the maximum allowable height for the coastal zoning district in which the structure is located, except as provided in subsection (C) of this section (Increase in Height Limit) or subsection (D) of this section (Exceptions to Height Limits). Height Measurement. Height shall be measured as the vertical distance from the established grade of the pad to the highest part of the structure, including any protective guardrails and parapet walls. Structures with sloping roofs shall be measured to the highest peak of the roof. Structures with flat roofs shall be measured to the top of the roof, guardrail, or parapet wall. The established grade of the pad shall be determined by one of the methods identified in Section 21.30.050 (Grade Establishment). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-14 3. Flood Hazard Areas. a. Finished First Floor Elevation. The minimum required top of slab elevation for interior living areas of all new structures within flood hazard areas shall be as established by the Flood Insurance Rate Maps recognized by the Building Division as part of flood safety requirements and maps adopted by the Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required top of slab elevation for interior living areas of all new structures shall be at least 9.00 (NAVD 88). b. Height Measurement. The height of a principal structure shall be measured from the top of slab elevation. C. Accessory Structures. The height of accessory structures, except fences, hedges, walls, and retaining walls (see Section 21.30.040) shall be measured from existing grade of the lot prior to construction. Exception: When a new principal building is required to have the top of slab constructed at elevation 9.00 NAVD88 and when the grade surrounding the new principal building is proposed to be increased, the height of accessory structures shall be measured from the proposed finished grade. 4. Structures on Ocean Boulevard. New structures and additions/changes to existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be constructed to a height greater than the elevation of the adjacent curb. The top of curb height limit shall be established by a plane created by the extension of the top of curb line across each lot. C. Increase in Height Limit. Procedure. The height limits established in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be increased within specified areas with approval of a coastal development permit when all applicable findings are met in compliance with subsection (C)(3) of this section (Required Findings). Height limits established as part of an adopted planned community shall not be subject to this subsection (See 21.26.050 (Planned Community Coastal Zoning District Property Development Standards)). 2. Height Limit Areas. The height limit areas shall be as follows: a. R -A, R-1, R -BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-four (24) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a maximum of twenty-eight (28) feet with a flat roof or thirty-three (33) feet with a sloped roof through Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-15 the approval of a coastal development permit as provided above. This height limit applies in all R -A, R-1, R -BI, and R-2 Coastal Zoning Districts as shown on the Coastal Zoning Map. b. RM Coastal Zoning District Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty-seven (37) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies inl the RM Coastal Zoning District as shown on the Coastal Zoning Map. C. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through the approval of a coastal development permit application as provided above. The shoreline height limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit shall apply to all nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning districts within its boundaries. The nonresidential, nonshoreline height limit area is identified as all of the area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). e. High Rise Height Area. In this height limit area, the maximum height limit shall be three hundred (300) feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential coastal zoning districts within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). 3. Required Findings. The review authority may adopt approve a coastal development permit to allow an increase in the height of a structure above the height limit only after first making all of the following findings in addition to the findings required in Section 21.52.015 (F): Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-16 a. The project is sited and designed to protect public views to and along the ocean and scenic coastal areas; and b. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and Where feasible, the project will restore and enhance visual quality in visually degraded areas. D. Exceptions to Height Limits. Assembly and Meeting Facilities. Structures used as places of worship may be allowed to exceed the height limit subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). Where more than one structure exists or is proposed for the site, only the principal structure shall be eligible for approval to exceed the maximum height limit. 2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other decorative rooftop features) of an open nature, but excluding guardrails, parapet walls, and similar features, may be allowed up to the height limit for a sloped roof. Architectural features with a height greater than that allowed for a sloped roof shall be subject to the approval of a coastal development permit. 3. Boat Cranes. Boat cranes used in conjunction with an approved marine -oriented nonresidential use may be allowed to exceed the maximum height limit up to a maximum operating height of seventy (70) feet, subject to the approval of a coastal development permit. 4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof -mounted vents shall be allowed to exceed the allowed height limits as follows: a. Chimneys may extend above the allowed height limit a maximum of two feet or a greater height if required by the City's Building Code; b. Spark arrestors may extend above the top of a chimney a maximum of two feet, provided they do not exceed a width of two feet and a length of four feet; and C. Roof -mounted vents may extend above the allowed height limit a maximum of twelve (12) inches or a greater height if required by the City's Building Code. Dormers. Dormers may be allowed to exceed the maximum height; provided, that: a. The total width of the dormer that exceeds the height limit shall not be greater than thirty-five (35) percent of the length of the side of the structure where the dormer is located; b. The roof pitch of the dormer shall not be less than 2:12; and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-17 C. The peak of the dormer shall not be higher than the peak of the roof on which it is located. 6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by the California Building Code, provided they do not exceed thirty (30) square feet in area, unless a larger elevator is required by the California Building Code and/or the Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by the California Building Code and/or the Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs with a minimum 3/12 pitch. 7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures. 8. Flag Poles. a. Ground -mounted flag poles shall be allowed in residential coastal zoning districts to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning districts to a maximum height of thirty-five (35) feet. b. Flag poles mounted on tops of buildings located in nonresidential coastal zoning districts shall be allowed to exceed the maximum height limit by up to twenty (20) feet. 9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall not exceed a maximum of fifty-five (55) feet in height. The coastal development permit may be approved only if all of the following findings are first made in addition to those findings identified in Section 21.52.015 (F): a. The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights-of-way. b. The portion of the structural alteration or addition that exceeds the height of the existing structure will not be used in a manner that increases the intensity of the use of the landmark building. The allowed height of the landmark building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the landmark building. 10. Light Standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). All light fixtures and standards shall comply with the requirements of Section 21.30.070 (Outdoor Lighting). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-18 11. Mechanical Equipment. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning districts, roof -mounted mechanical equipment, totaling not more than thirty (30) percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to five feet. b. Residential Coastal Zoning Districts. In residential coastal zoning districts, roof -mounted equipment is not allowed to exceed the maximum height limit for the coastal zoning district. 12. Solar Equipment. The height limit regulations in this Implementation Plan do not apply to equipment and panels used for the production of solar energy. 13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed the maximum height limit by up to six inches on conforming roofs. 14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three (73) foot tall faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site (1600 West Balboa Boulevard) from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including but not limited to, exceptions for architectural features, solar equipment or flag poles. Any architectural tower that exceeds the thirty-five (35) foot height limit shall not include floor area above the thirty-five (35) foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the character of the area by among other things, incorporating a tapered design with a maximum diameter of thirty-four (34) feet at the base of the tower. Public viewing opportunities shall be provided above the thirty-five (35) feet, as feasible. 15. Lido House Hotel. At the former City Hall 3300 Newport Boulevard and 475 32nd Street: a. At least seventy-five (75) percent of the total area of the site shall be thirty-five (35) feet in height or lower. b. Buildings and structures up to fifty-five (55) feet in height with the peaks of sloping roofs and elevator towers up to sixty (60) feet in height provided it is demonstrated that development does not adversely materially impact public views. C. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-19 Buildings and structures over thirty-five (35) feet in height, including architectural features, shall not occupy more than twenty-five (25) percent of the total area of the site. e. Buildings and structures over forty-five (45) feet in height, architectural features, shall not occupy more than fifteen (15) percent of the total area of the site. With the exception of a fire station, all buildings and structures over thirty-five (35) feet in height, including architectural features, shall be setback a minimum of sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from the 32nd Street right-of-way. A fire station may be located in its current location and may be up to forty (40) feet in height. h. A fire station may include architectural features up to forty-five (45) feet in height to house and screen essential equipment. 21.30.065 — Signs A. Applicability. This section provides regulations for roof top and freestanding signs. B. Prohibited Sign Types. The following signs and sign types shall be prohibited throughout all coastal zoning districts of the City. 1. Pole signs. 2. Roof signs. C. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted.. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. D. Standards for Freestanding Signs. Table 21.30-2 provides regulations for permanent freestanding signs. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-20 Table 21.30-2 Freestanding Signs Allowed Sign Maximum Maximum Maximum Location Lighting Additional Sign Class Types Number Sign Area Sign Height Requirements Allowed I Requirements RESIDENTIAL COASTAL ZONING DISTRICTS Identification sign Ground sign 1 per multiunit 12 sq ft Near main Yes Cabinet signs Multi -unit uses use entrance not allowed Residential At primary community Ground 2 per primary 40 sq. ft. 6 ft entrances to Indirect Cabinet signs identification signs entrance total residential only not allowed community Signs for allowedGround sign 1 per use 12 sq. ft. Near main Yes Cabinet signs nonresidential uses entrance not allowed COMMERCIAL AND INDUSTRIAL COASTAL ZONING DISTRICTS 1 freestanding sign allowed per site. May be used in Not to exceed Located on combination with 1.0 sq. ft. of 20 ft. in height street frontage Freestanding other allowed sign area lineal for pylonper sigor 8 ft ns, . only. At least 15 signs. building signs. foot of maximum feet from any On-site sign Permitted on Additional signs Primary height and 6 building sign Yes sites with for sites with street ft. maximum and 50 feet minimum 50 ft. more than 300 frontage, 75 average from any of frontage. linear feet of sq. max. height for freestanding street frontage through the s Per sin i monument sign on an adjacent site. approval of a signs. Comprehensive Sign Pro ram. 8 ft. Near main Business Ground sign multi tenant sq. ft. of sign maximum. 6 ance a No Multi-tenantDirectory. site. siteer area. ft. maximum oriented tond average. pedestrians. OS, PI, PR, AND PF COASTAL ZONING DISTRICTS On-site sign. Freestanding 1 freestanding signs. monument sign Permitted on allowed per site. sites with May be used in 1.0 sq. ft. of Located on minimum 50 ft. combination with street frontage of frontage. other allowed sign area Per lineal only. At least 15 building signs. of feet from any Additional signs primafoot 8 ft building sign Yes for sites with str etry and 50 feet more than 300 frontage, 75 from any linear feet of sq. . max. ft freestanding street frontage per sign sign on an through the adjacent site. approval of a Comprehensive Sign Program. Directory sign. Ground sign. 8 ft. Near main 1 per multi -tenant 8 sq. ft. of maximum. 6 entrance and No site. sign area. ft. maximum oriented to average. pedestrians. E. Removal of Nonconforming Signs. The nonconforming roof and pool signs shall be removed or altered to be conforming by October 27, 2020, with the exception of signs Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-21 designated as heritage signs. 21.30.070 — Outdoor Lighting This section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, overlighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and encourage energy conservation. A. General Outdoor Lighting Standards. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 2. Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited, except if approved as an accessory feature on a temporary basis in conjunction with a special event. 3. A photometric study may be required as part of an application for a coastal development permit if it is determined that there is potential for a negative impact to surrounding land uses or sensitive habitat areas. 4. If in the opinion of the Director existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. B. Light Standards within Parking Lots. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining properties and roadways. To accomplish this, a greater number of shorter light standards may be required as opposed to a lesser number of taller standards. C. Outdoor Lighting Standards for Buildings, Statues, Other Manmade Objects, and Landscapes. Spotlighting or floodlighting used to illuminate buildings, statues, signs, or any other objects mounted on a pole, pedestal, or platform or used to accentuate landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that needed to light the feature with minimum spillover. The lighting shall not shine directly into the window of a residence or directly into a roadway. Light fixtures attached to a building shall be directed downward. D. Environmentally Sensitive Habitat Areas. See Section 20.306.030 (E) (5) 21.30.075 — Landscaping A. Applicability. This section applies to coastal development permit applications for nonresidential projects and multi -unit residential projects and single -unit and two -unit residential projects containing a beach, wetland, or sand dune, coastal bluff, coastal Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-22 canyon, or within 50 feet of the edge of a coastal bluff or stream, or in an environmentally sensitive habitat area shall provide landscaping in compliance with this section. B. General Landscape Standards. Impervious Surfaces in R-1 and R-2 Coastal Zoning Districts. a. Impervious surface areas, excluding driveways, shall not exceed fifty (50) percent of the front yard area with the remaining area landscaped with plant material. The use of pervious materials for walkways, porches, and outdoor living areas is allowed. b. Where the typical neighborhood pattern of front yards has been developed with hardscaped outdoor living areas that exceed the fifty (50) percent maximum for impervious surfaces the Director may waive this requirement. 2. Safety Requirements. Landscape materials shall be located so that at maturity they do not: a. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in compliance with Section 21.30.130 (Traffic Safety Visibility Area); b. Conflict with overhead utility lines, overhead lights, or walkway lights; or C. Block roadways, pedestrian access, or bicycle ways. 3. Plant Selection and Grouping. Plant materials shall be selected for low water demand and drought tolerance; adaptability and relationship to the Newport Beach environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability. Drought Tolerant Species. Landscape designs shall emphasize the use of drought tolerant plant species (xeriscape). Invasive Plant Species. Invasive plants are generally those identified by the California Invasive Plant Council and California Native Plant Society in their publications. The planting of invasive species shall be prohibited in the following areas: Environmentally Sensitive Habitat Areas (ESHA) and ESHA buffer areas. ii. Fuel modification areas abutting an ESHA and sites where a biological survey has identified significant natural habitat. Natural habitat and non -urbanized areas iv. Within fifty (50) feet of a designated environmentally sensitive habitat area. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-23 C. Dune Habitats. Plant materials in southern coastal foredune and southern dune scrub habitat areas shall be restricted to native plant species. d. ESHA Buffers. See Chapter 21.30B (Environmentally Sensitive Areas). e. Deciduous Trees. Landscape designs shall maximize the use of deciduous trees. f. Grouping of Plants. Plants having similar water use requirements shall be grouped together in distinct hydrozones. 4. Maintenance. a. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. C. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials. d. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. e. The non-native and invasive ornamental plant species shall be removed in areas where such materials are restricted or prohibited by subsection (2)(e) of this Section. f. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. C. Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. D. Fuel Modification. This subsection provides standards for development within and adjacent to wildland fire hazard areas. 1. New Development. New development within or adjacent to areas of high and moderate fire susceptibility shall be located and designed to avoid the need to extend fuel modification zones into an ESHA. 2. Sensitive Habitat Areas. Fuel modification zones in buffer zones abutting an ESHA shall consist of fire -resistive, native plant species from the City -approved plant list. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-24 3. Invasive Plants Prohibited. Invasive ornamental plant species shall be prohibited in fuel modification zones abutting an ESHA and sites where a biological survey has identified significant natural habitat. 21.30.085 —Water Efficient Landscaping A. Applicability. All planting, irrigation, and landscape -related improvements required by this section shall apply to the following: New landscape installations with a landscaped area equal to or greater than five hundred (500) square feet or which otherwise require a ministerial permit for a landscape or water feature; 2. Landscape rehabilitation projects by with a landscaped area equal to or greater than two thousand five hundred (2,500) square feet or which otherwise require a ministerial permit for a landscape or water feature; B. Exceptions. This section does not apply to: Landscape rehabilitation projects that consist of replacement plantings with equal or lower water needs and the irrigation system is designed, operable and programmed to comply with the City's water conservation regulations; 2. Registered local, State, or Federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system; 4. Existing plant collections, as part of botanical gardens and arboretums open to the public; or 5. Landscape in hazard reduction and fuel modification zones, where applicable. C. Landscape Water Use Standards. For new landscape installation or rehabilitation projects subject to subsection (A), the estimated applied water use allowed for the landscaped area shall not exceed the Maximum Applied Water Allowance (MAWA) calculated using an evapotranspiration (ET) adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City. 21.30.100 — Scenic and Visual Quality Protection A. Purpose. The purpose of this section is to insure that development shall be sited and designed to protect and, where feasible, enhance the scenic and visual qualities of the Coastal Zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-25 B. Initial Evaluation. Any coastal development permit application involving the construction of a new building or the expansion of an existing building and having one or more of the characteristics listed below, shall be reviewed to evaluate the development's impact to a public viewshed or the scenic and visual qualities of the Coastal Zone. 1. The project site is located between the first public roadway paralleling ocean, bay, harbor, channels, estuary, marsh, or slough. 2. The project site is located on a coastal bluff or canyon. 3. The project site is adjacent to, or within the viewshed of, a public view point, coastal view road, public park or beach, or public accessway, as identified on Coastal Land Use Plan Map 4-3 (Coastal Views). 4. The project site contains significant natural landforms or natural vegetation. C. Visual Impact Analysis. Where a proposed development has the potential to significantly impact a public viewshed or the scenic and visual qualities of the Coastal Zone, a view impact analysis may be required by the Department. The view impact analysis shall be prepared at the project proponent's expense. The analysis shall include recommendations to minimize impacts to public views from the identified public view points and corridors while allowing the project to proceed while maintaining development rights. D. Siting and Design. Projects shall be sited and designed in accordance with the following principles, as appropriate: 1. Minimize impacts to public coastal views and, where feasible, restore and enhance the scenic and visual qualities of the Coastal Zone. 2. Development on the edges of public coastal view corridors, including those down public streets, shall be designed and sited, to frame and accent public coastal views. 3. Clustering of buildings to provide open view and access corridors to the Harbor. 4. Modulation of building volume and mass. 5. Variation of building heights. 6. Inclusion of porticoes, arcades, windows, and other "see-through" elements in addition to the defined open corridor. 7. Minimization of landscape, fencing, parked cars, and other nonstructural elements that block views and access to the Harbor. 8. Prevention of the appearance of the harbor being walled off from the public right-of-way. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-26 9. Inclusion of setbacks that in combination with setbacks on adjoining parcels cumulatively form functional view corridors. 10. Encourage adjoining property owners to combine their view corridors to achieve a larger cumulative corridor than would be achieved independently. 11. Where feasible, development along coastal view roads shall prevent an appearance of the public right-of-way being walled off from the public viewsheds. E. Landform Alteration. Development shall be sited and designed to minimize the alteration of gullies, ravines, rock outcroppings, and other natural landforms and the removal of native vegetation. Site design and construction techniques include, but not limited to the following: 1. Siting development on the flattest area of the site, except when an alternative location is more protective of coastal resources. 2. Utilizing existing driveways and building pads to the maximum extent feasible. 3. Clustering building sites. 4. Shared use of driveways. 5. Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. 6. Utilizing special foundations, such as stepped, split level, or cantilever designs. 7. Detaching parts of the development, such as a garage from a dwelling unit. 8. Requiring any altered slopes to blend into the natural contours of the site. F. Landscape Standards. Landscape improvements shall be installed and maintained to ensure that landscape materials do not unnecessarily obstruct public views at maturity. Landscaping at the edges of roads from which there is an identified public view should be designed, planted and maintained to frame and accent public views. G. Utilities. New utility connections and appurtenant and associated utility equipment shall be placed underground unless the Public Works Director determines that undergrounding is physically infeasible. H. Other Development Features. Freestanding signs, rooftop equipment, antennas, wireless telecommunication facilities, and other project features shall be sited and designed to ensure they minimize impacts to public views. I. View Protection Easement. The review authority may require applicants to provide public view protection easements to protect public views. 21.30.105 — Cultural Resource Protection A. Archaeological/Paleontological Resources. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-27 Applicability. The requirements in this subsection of this section shall apply to all coastal development permit applications that involve grading or excavation and that have one or more of the following characteristics: a. Projects located within 300 feet of an identified paleontological/archaeological site or areas identified by the City as having potential paleontological/archaeological sites. Where evidence of potentially significant paleontological/archaeological resources is found in an initial study conducted pursuant to the California Environmental Quality Act (CEQA). 2. Procedures. All applicable projects shall comply with the following procedures: a. Report Required. When Report Required. When a development is proposed in an area where there are known archaeological or paleontological resources on the site or in the vicinity, and for which the Director determines no adequate prior assessment of on-site resources has been completed, a report shall be prepared by a qualified arch aeolog i st/paleonto I og ist before the issuance of a coastal development permit. Elements of Report. At a minimum, the report shall include a statement of the qualifications of the preparer, a statement of the types and quantities of resources expected to be encountered, identification of their significance, the impacts of the development on those resources, and mitigation measures designed to reduce or eliminate those impacts. iii. Notice. Cultural organizations, including Native American organizations, shall be notified of proposed developments that have the potential to adversely impact cultural resources. b. Monitor Required. Where there is potential for proposed development activity to adversely affect archaeological/paleontological resources, a qualified paleontologist/archeologist shall monitor all grading and/or excavation activities. If grading operations or excavations uncover paleontological/archaeological resources, the monitor shall suspend all development activity to avoid destruction of resources until a determination can be made as to the significance of the paleontological/archaeological resources. Monitoring by Cultural Organizations. Qualified representatives of such cultural organizations also shall be allowed to monitor grading and/or excavation of development sites. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-28 B. d. Discovery of Resources. If grading or excavation activities uncover archaeological/paleontological resources, the following procedures shall be followed: The monitor shall suspend development activity to avoid destruction of resources until a determination can be made as to the significance of the archaeological/paleontological resources; The monitor shall immediately notify the Director of the discovery; and iii. If the resource is found to be significant, the site(s) shall be preserved for a reasonable period of time, as determined by the monitor, to allow a recovery plan or preservation to be completed to ensure the protection of the resources. e. Mitigation Measures. If resources are determined to be significant a mitigation plan shall be submitted to the Director for review and approval. The plan shall include: Demonstration of a good faith effort to avoid impacts to the resources through measures including project redesign, in situ preservation/capping, recovery and/or relocation, and placing cultural resource areas in open space; if avoidance of the resource is not feasible, an in situ or site -capping preservation plan or a recovery plan for mitigating the effect of the development shall be required. A monitoring plan that: (1) Describes procedures f archaeologist/paleontologist, monitor if necessary, to excavation activities; )r selecting a qualified and a Native American monitor all grading and/or (2) Identifies monitoring methods; and (3) Describes procedures that shall be followed if additional or unexpected archaeological/paleontological resources are discovered during development of the site. Procedures may include 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. Historical and Architectural Resources. Applicability. The requirements in this subsection of this section shall apply to all coastal development permit applications involving the expansion, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-29 reconstruction, structural alteration, or demolition of structures or sites having one or more of the characteristics listed below: a. A site listed, or containing a building, monument, object, or structure that is listed, on the: Newport Beach Register of Historical Property; California Register of Historical Resources; or iii. National Register of Historic Places. b. A site where evidence of potentially significant historical resources is found in an initial study conducted in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.). 2. Initial Evaluation. An application for approval of any project or development activity involving a historic resource identified in Subsection A, above, shall be reviewed to determine whether the project may have a substantial adverse impact as defined by the California Environmental Quality Act (CEQA), on an historical resource. 3. Site -Specific Study. If the initial evaluation indicates that the proposed development may result in significant impacts to historical resources, the Director shall have the authority to require a site-specific study to be performed by a qualified professional. The study shall describe the significance of the resources; discuss the possible adverse impacts; and identify mitigation measures designed to reduce or eliminate those impacts. 4. Rehabilitation Incentives. The following incentives may be available to owners of historic properties identified in Subsection (A)(1) (Applicability), above: a. To promote adaptive reuse, the State Historic Building Code may be applied to buildings or structures; and b. The Commission may grant reductions or waivers of City application fees, City permit fees, and/or any liens placed by the City on properties listed in the Newport Beach Register of Historical Property in exchange for preservation easements. 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Building Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by interested parties. 21.30.110 — Setback Regulations and Exceptions This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-30 separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards. A. Al Setback Requirements. Structures. a. Principal Structures. Principal structures shall conform with the setback requirements established for: (1) Each coastal zoning district in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards); (2) Any specific uses identified in Part 4 of this Implementation Plan (Standards for Specific Land Uses); (3) Any special setback areas established in Section 21.28.040 (Bluff (B) Overlay District) or Section 21.28.050 (Canyon (C) Overlay District); and (4) Any other special setback areas established in this Implementation Plan. b. Accessory Structures. All accessory structures shall comply with the setback requirements established for: (1) Accessory structures in subsection (D)(2) of this section (Accessory Structures) and any allowed encroachments; and (2) Any special setback areas established in this Implementation Plan. 2. Setback Areas to Be Open. Each required setback area shall be open and unobstructed from the ground upward, except as provided in this section. Location and Measurement of Setbacks. Setbacks shall be located and measured as follows: General. a. Measure at Right Angles. The distance/depth of a setback area (i.e., front, side, or rear) shall be measured at right angles from the nearest property line establishing a setback area line parallel to that property line. b. Future Street Right -of -Way. Whenever a future street right-of-way line is officially established, required setback areas shall be measured at right angles from the established future right-of-way line(s). 2. Front Setback Area. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-31 a. General. The front setback area shall extend across the entire width of the lot frontage. b. Corner Lots. The front setback area for a corner lot shall be the required distance parallel to the shortest property line adjoining the street. 3. Side Setback Area. The side setback area shall be established by a line parallel with the side property line and extending between the front and rear setback areas. 4. Street Side Setback Area. The side setback area on the street side of a corner lot shall be established by a line parallel with the side property line adjoining the street and extending between the front and rear setback areas. 5. Rear Setback Area. a. General. The rear setback area shall extend across the entire width of the rear of the lot. b. Irregularly Shaped Lots. Where the side lot lines converge to a point at the rear of the lot and make an angle ninety (90) degrees or less, a line ten (10) feet long within the lot, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. Where the angle created by the convergence of two side lot lines at the rear of the lot is greater than ninety (90) degrees, a line ten (10) feet long measured from the point of convergence and perpendicular to the front lot line shall establish the location of the required rear setback line. See Figure 3-4 (Rear Setback Areas on Irregularly Shaped Lots). ✓,� tw•lw` i —� Rea h u`liFa ,\ Fl�M tit Ww f•n,i ifnline i,m,tlW V•%` Y Ikx J lui tu•e ,ra � 1 lu liM i If ---- ................................ ice' nwrtlwu,w. cul«lew F,a„l,vum Figure 3-4 Rear Setback Areas on Irregularly Shaped Lots C. Alternative Setback Area Location. In cases where the application of the setback area are not consistent with the character or general orientation of other lots in the vicinity, the Director may redefine the location of the front, side, and rear setback areas to be Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-32 consistent with surrounding properties. The reorientation of setback areas is not applicable to the Bluff Overlay District and Canyon Overlay District. D. Allowed Encroachments into Setback Areas. Encroachments into required setback areas are allowed in compliance with the standards in this subsection, except as provided in subsection (D)(1) of this section. General Regulations. a. Setbacks on Setback Maps. Notwithstanding any requirements in this section, all setback areas identified on the setback maps shall be regulated as front setback areas. b. Overlay Districts. The encroachments allowed by this subsection shall not apply to designated bluff and canyon setback areas. Refer to Section 21.28.040 (Bluff (B) Overlay District and Section 21.28.050 (Canyon (C) Overlay District for) setback regulations and encroachments. C. Alleys. No encroachments at the ground level are allowed within the required setback area of a lot abutting an alley. Rear setback areas abutting alleys shall be kept clear of obstructions. d. Waterfront Areas. Allowed encroachments into required setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport shall not exceed a height of forty-two (42) inches above the existing grade. e. Traffic Safety Visibility Areas. See Section 21.30.130 for restrictions on encroachments into traffic safety visibility areas. 2. Accessory Structures. a. Accessory structures, including housings for mechanical equipment, not more than six feet in height and totaling no more than one hundred fifty (150) square feet per structure, may be located within a required side or rear setback area other than a rear setback area abutting an alley. b. Arbors, trellises, and similar garden structures may be allowed to encroach into required front, side, and rear setback areas subject to the following limits: (1) The maximum footprint of the structure shall not exceed sixteen (16) square feet; and (2) The maximum height of the structure shall not exceed nine feet. Display areas for new motor vehicles associated with an allowed vehicle sales facility may encroach into a required front or street side setback area, provided a setback of at least two feet is maintained from the street adjacent property line. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-33 d. Fences, hedges, and walls may be established within required setback areas in compliance with the requirements of Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). e. Decks, landings, patios, platforms, porches, steps, and terraces, and similar structures not more than eighteen (18) inches in height measured from the existing grade may be located within a required side or rear setback area other than those abutting an alley. 3. Architectural Features. a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30) inches into a required front, side, or rear setback area, including required third floor front or rear setbacks; provided, that no architectural feature shall project closer than twenty-four (24) inches from a side property line and a minimum vertical clearance of at least eight feet above grade is maintained. b. Decorative architectural features (e.g., belt courses, ornamental moldings, pilasters, and similar features) may encroach up to six inches into a required setback area. 4. Awnings and Canopies. Awnings and canopies may encroach into required setback areas up to a maximum of five feet subject to the following limits. a. Residential Districts. (1) Front: one-half the depth of the required front setback area. (2) Side: Zero feet, except over doors up to twenty-four (24) inches from property line, maximum width shall not exceed the standard width of a door plus twelve (12) inches. (3) Rear: two and one-half feet. (4) Vertical clearance: six and one-half feet above grade. b. Nonresidential Districts, Including Mixed -Use Districts. (1) Front: one-half the depth of the required front setback area. (2) Side: two feet. (3) Rear: one-half the depth of the required rear setback area. (4) Vertical clearance: eight feet above grade. 5. Balconies Abutting East Ocean Front and West Ocean Front. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-34 a. Balconies may encroach up to a maximum of thirty-six (36) inches into a required front setback area along East Ocean Front and West Ocean Front. Balcony railings shall not exceed a maximum height of forty-two (42) inches and shall be constructed of either transparent material (except for supports) or opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar open materials) so that at least forty (40) percent of the railing is open. b. Balconies shall be cantilevered so that no underlying support is necessary. Roofs over balconies shall not be allowed to encroach into required front setback areas except as provided in subsection (D)(3) of this section (Architectural Features). 6. Bay Windows and Greenhouse Windows. Bay windows and greenhouse windows shall be allowed to encroach into required setback areas subject to the following limits: No more than two bay windows or greenhouse windows shall be allowed to encroach into any one setback area; Bay windows and greenhouse windows shall not exceed eight feet in width or ten (10) feet in height within the area of encroachment; C. Bay windows and greenhouse windows shall be cantilevered and shall be designed to preclude use as a door or entry; d. The exterior bottom surface of a bay window or greenhouse window shall be elevated a minimum of eighteen (18) inches above the adjacent finished interior floor surface at the required building setback line; e. Encroachments into required setback areas shall be limited as follows: TABLE 21.30-3 BAY AND GREENHOUSE WINDOW ENCROACHMENTS Standard Allowed Additional Regulations Encroachment Front setback (4 ft. to less than 10 ft.): 16 in. Front setback (10 ft. or more): 2 ft. Limited to first floor only. Side setback: 2 ft The encroachment shall be at least twenty-four (24) inches from the side property line. Rear setback: 2 ft Not allowed when the rear property line abuts an alley. Distance between detached structures: 2 ft. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-35 7. Fireplaces, Barbecues, and Chimneys—Attached. a. Front and Rear Setback Area. Fireplaces, barbecues, and chimneys attached to the principal structure that are less than nine feet in width may encroach up to two feet into a required front or rear setback area that is ten (10) feet or greater in depth. b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that are less than nine feet in width may encroach up to thirty (30) inches into a required side setback area; provided, that the encroachment shall be at least twenty-four (24) inches from the side property line. 8. Fireplaces and Barbecues—Freestanding. Front Setback Area. Freestanding fireplaces (gas only) and barbecues with a maximum height of forty-two (42) inches (not including the barbecue hood) shall be allowed to encroach into the required front setback area, provided the total length of the barbecue and counter does not exceed six feet. b. Side and Rear Setback Area. Freestanding fireplaces (gas only) and barbecues with a maximum height of six feet shall be allowed to encroach into the required side or rear setback area, provided a minimum thirty-six (36) inch clear path of travel is maintained adjacent to any habitable structures. 9. Garages and Carports for Duplexes. Where three parking spaces are located in garages or carports across the rear of a lot that is less than thirty (30) feet ten (10) inches wide, one garage/carport wall or support may encroach into the side setback area subject to the following: a. Distance to Property Line. The distance from the garage wall or carport support to the nearest side property line shall be not less than twenty-six (26) inches plus the amount that the width of the lot exceeds thirty (30) feet. The other side setback area shall have a clear passageway a minimum of thirty-six (36) inches wide, clear of any obstructions; and b. Width of Garage/Carport. The width of each garage/carport shall not be greater than the minimum required by Section 21.40.070 (Development Standards for Parking Areas). 10. Basement Walls. Basement walls that are located completely below grade may encroach into a required setback area up to twelve (12) inches. 11. Light Standards. In nonresidential coastal zoning districts, light standards used in conjunction with the illumination of parking lots and walkways shall be allowed to encroach into a required setback area, provided all of the requirements of Section 21.30.070 (Outdoor Lighting) are complied with. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-36 12. Protective Railing. Protective railings around balconies and windows required by The California Building Code may encroach up to six inches into a required setback area. 13. Second Stories Abutting Alleys. In residential districts having alleys to the rear of the lot or development site, a second story may be allowed to encroach into the required setback area subject to the following conditions and exclusions: a. Encroachments shall not extend closer than seven and one-half feet to the center of any alley; Encroachments shall not extend closer than two and one-half feet to the rear property line; C. That portion of the building that encroaches into the required rear setback area shall have a minimum ground clearance of eight feet; d. No encroachment shall be allowed on lots having a depth exceeding eighty-five (85) feet; and e. No encroachment shall be allowed on corner lots located at the intersection of two ten (10) foot wide alleys. 14. Shoring. Permanent or temporary shoring may encroach into a required setback area, provided it is located completely below finished grade and at least twelve (12) inches from any property line. 15. Swimming Pools/Spas. Swimming pools, spas, and other similar devices/equipment that are placed directly upon the existing grade and are less than forty-two (42) inches in height may be located within a required front, side, or rear setback area other than those abutting an alley. 21.30.130 — Traffic Safety Visibility Area A. Visibility at Corners of Intersections Required. Corner lots in all coastal zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways. B. Traffic Safety Visibility Area Described. The traffic safety visibility area shall be described as a triangular-shaped area on a corner lot formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a triangular area. See Figure 3-5. C. Area of Traffic Safety Visibility Area. The dimensions of a traffic safety visibility triangle shall be as follows and shall be subject to further review and approval of the City Traffic Engineer: Standard intersection line of sight requirements shall apply at the intersection of public or private two street rights-of-way and at the intersections of commercial driveways and streets; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-37 2. Fifteen (15) feet from the intersection of a public or private street right-of-way and an alley; 3. Ten (10) feet from the intersection of two alleys. See subsection (E) of this section; and 4. Five feet from the corner of an intersecting street right-of-way and a driveway. Figure 3-5 Traffic Safety Visibility Area D. Height Limit. The following height limit requirements shall apply within a traffic safety visibility area; Fences, walls, signs, accessory structures, mounds of earth, or other visual obstructions shall not extend above thirty (30) inches in height as measured from adjacent finished grade; 2. Hedges, shrubbery, and vegetation shall be maintained to a height of twenty-four (24) inches or less as measured from adjacent finished grade; 3. Only trees with single trunks are allowed and tree canopies shall be maintained at Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-38 a minimum height of seven feet above ground level, as measured from adjacent street curb elevation. E. Exemptions to Traffic Safety Visibility Height Limit. Alleys. No above -ground improvements (e.g., fences, walls, accessory structures, mounds of earth, vegetation and similar items) shall be allowed within the traffic safety visibility area required at the intersection of two alleys. 2. City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection including those with private driveways. 21.30.135 — Water Quality Control A. BMP Requirements. Best management practices (BMPs) shall be incorporated into the project design in the following progression: Site Design BMPs. 2. Source Control BMPs. 3. Treatment Control BMPs. Site design and source control BMPs shall be required in all developments. When the combination of site design and source control BMPs are not sufficient to protect water quality as required by the Local Coastal Program or Coastal Act, structural treatment BMPs will be implemented along with site design and source control measures. B. Construction Phase — SWPPP. A storm water pollution prevention plan (SWPPP) shall be required for all development requiring a coastal development permit pursuant to the Water Quality Ordinance. The SWPPP shall identify best management practices (BMPs) that will be used during the construction of the project to reduce the impacts to storm water quality relating to material and waste management. C. Post Construction — WQMP. A water quality management plan (WQMP) shall be required for all development requiring a coastal development permit pursuant to the Water Quality Ordinance. The WQMP shall identify best management practices (BMPs) that will be used to minimize to the maximum extent practicable dry weather runoff and runoff from small storms (less than 0.75 inch of rain falling over a 24-hour period) from the property. D. Design and Siting. Development shall be sited on the most suitable portion of the site and designed to ensure the protection and preservation of natural and sensitive site resources by providing for the following: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-39 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; 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. 2. To the maximum extent feasible, development shall preserve, or where feasible, restore natural hydrologic conditions such that downstream erosion, natural sedimentation rates, surface flow, and groundwater recharge function near natural equilibrium states. Design and siting practices include, but are not limited to, the following: a. Limiting the use of curb drains to avoid conveying runoff directly to the City's street drainage system without the benefit of absorption by permeable surfaces and natural treatments such as landscaped areas and planters. b. Minimizing the creation of and increases in impervious surfaces, especially directly connected impervious areas. C. Requiring redevelopment to increase area of pervious surfaces, where feasible. d. Protecting the absorption, purification, and retention functions of natural drainage systems that exist on the site. e. Designing drainage and project plans to complement and utilize existing drainage patterns and systems f. Conveying drainage from the developed area of the site in a non-erosive manner. g. Restoring disturbed or degraded natural drainage systems, where feasible. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-40 3. To the maximum extent feasible, development shall minimize adverse effects of waste water discharges and control runoff. Design and siting practices include, but are not limited to, the following: a. Retaining runoff on private property to prevent the transport of bacteria, pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into recreational waters. Diverting runoff through planted areas or sumps that recharge the groundwater dry wells and use the natural filtration properties of the earth to prevent the transport of harmful materials directly into receiving waters. C. Requiring beachfront and waterfront development to incorporate BMPs designed to prevent or minimize polluted runoff to beach and coastal waters. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30-41 Chapter 21.30A — Public Access and Recreation Sections: 21.30A.010 Purpose 21.30A.020 Applicability and Exemptions 21.30A.030 Protection and Provision of Public Access Required 21.30A.040 Determination of Public Access/Recreation Impacts 21.30A.050 Development Standards 21.30A.060 Access Title and Guarantee 21.30A.070 Coastal Commission Review of Recorded Access Documents 21.30A.080 Timing of Access Requirements 21.30A.090 Management and Maintenance 21.30A.100 Encroachments into Public Accessways 21.30A.010 — Purpose This Chapter provides procedures and standards for the preservation, dedication, and improvement of public access to, and along the shoreline and coastal blufftops, in conjunction with development in the Coastal Zone. The intent is to ensure that public rights of access to the shoreline are protected as guaranteed by the California Constitution , and achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the Coastal Act (Sections 3000 through 30900); to implement the public access and recreation policies of Chapter 3 of the Coastal Act (Sections 30210-30255) and the applicable policies of the Coastal Land Use Plan; and where feasible, expanded and enhanced; to ensure public access to coastal blufftops. 21.30A.020 — Applicability and Exemptions A. Applicability. This Chapter applies to coastal development permit applications on development sites located between the shoreline and the first public roadway paralleling the shoreline or on coastal bluffs. B. Exemptions. The public access requirements of this Chapter shall not apply to the following development in compliance with the Coastal Act (Public Resources Code Section 30212): 1. Structure Destroyed By Disaster. The replacement of a structure, other than a public works facility, destroyed by disaster, provided that the replacement structure: a. Conforms to applicable coastal zoning district requirements in Part 2 (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards); b. Is for the same use as the destroyed structure; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-1 C. Does not exceed the floor area, height, or bulk (i.e., total interior cubic volume as measured from the exterior surface of the structure) of the destroyed structure by more than 10 percent; d. Is sited in the same location on the affected property as the destroyed structure. 2. Demolition and Reconstruction. The demolition and reconstruction of a single -unit or two -unit residence provided that the reconstructed residence: a. Does not exceed the floor area, height, or bulk (i.e., total interior cubic volume as measured from the exterior surface of the structure) of the destroyed structure by more than 10 percent; and b. Is sited in the same location on the affected property as the former structure. 3. Improvements. Improvements to a structure that do not: a. Change the intensity of its use; b. Increase either the floor area, height, or bulk of the structure by more than 10 percent; C. Block or impede existing access; and d. Result in a seaward encroachment by the structure. 4. Repair and Maintenance of a Shoreline Protective Device. The reconstruction or repair of a bulkhead; provided that the reconstructed or repaired bulkhead is not seaward of the location of the former bulkhead. 5. Repair and Maintenance. A repair or maintenance activity consistent with Public Resources Code Section 30212.b.(5). 21.30A.030 — Protection and Provision of Public Access Required A. Protection of Existing Public Access. Development shall not interfere with public right of access to the shoreline or coastal blufftops where the rights have been acquired through use or legislative authorization, including, but not limited to the public accessways identified in the Coastal Land Use Plan. Public access rights may include, but are not limited to, the use of dry sand and rocky beaches to the first line of terrestrial vegetation. B. Provision of New Public Access. An offer to dedicate an easement (or other legal mechanism pursuant to Section 21.30A.060) for the permanent right of lateral, vertical, and/or coastal bluff access shall be required as a condition of approval, and prior to issuance, of a coastal development permit or other authorization for any development causing or contributing to adverse impacts to public access, unless exempt in compliance with Section 21.30A.020 (B) or waived by the review authority in compliance with Section 21.30A.050 (J). Where feasible, public access to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails shall be expanded and enhanced. C. Recreation. Park and recreational facilities provided for by dedications and/or in lieu fees shall be required consistent with Section 66477 of the Subdivision Map Act (known as Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-2 the Quimby Act) as a condition of approval and prior to issuance of a coastal development permit or other authorization for any development causing or contributing to adverse impacts to public recreation. Where feasible, recreational opportunities in the coastal zone shall be expanded and enhanced. D. Public Trust Lands. Public access on public trust lands shall be provided pursuant to Section 21.48.085 (Public Trust Lands) and the Common Law Public Trust. E. Regulation of Beach Use. See Section 21.48.055. 21.30A.040 — Determination of Public Access/Recreation Impacts A. Relationship and Proportionality. The provision of public access shall bear a reasonable relationship between the requirement and the project's impact and shall be proportional to the impact. B. Methodology. In determining a development's impact on public access, the City shall evaluate the factors listed below. Any access dedication required as a condition of approval shall be supported by substantial evidence in the record and findings shall explain how the adverse effects that have been identified will be alleviated or mitigated by the dedication. As used in this section, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and reasonably foreseeable projects. 1. Land Use. The project's cumulative effect on use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation and other priority uses specified in California Public Resources Code Section 30222 and Section 30223. 2. Demand for Access and Recreation. The project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs; the capacity of coastal access roads; public parking; and recreational support facilities and services. 3. Obstructions. Any physical aspects of the project that would block or impede public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs, including placement of structures, private streets, shoreline protective structures, barriers, guardhouses, gates, fences, or signs. 4. Visual Access. The project's cumulative effects on public access to public views to the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal bluffs, and other scenic coastal areas. 5. Vessel Launching, Berthing, and Storage. The project's cumulative effects on vessel launching, berthing, and storage facilities and other facilities providing public access to the ocean, harbor, bay, channels, estuaries, salt marshes, and sloughs. 6. Shoreline Processes. The project's cumulative effects upon shoreline conditions, including beach profile; the character, extent, accessibility and usability of the beach; erosion or accretion; character and sources of sand; wave and sand Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-3 movement; and any other anticipated changes to shoreline processes that have the potential to adversely impact public access to and along the shoreline and to the harbor, bay, channels, estuaries, salt marshes, sloughs, and coastal bluffs. 7. Other Impacts. Any other aspects of the project, which, individually or cumulatively, are likely to diminish the public's use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs. 21.30A.050 — Development Standards This section provides standards for the location and configuration of public access to ensure public safety and to protect public rights, rights of private property owners and leaseholders, and natural resource areas from overuse. A. Site Planning and Design Criteria. 1. General. Public access improvements shall be designed to: a. Maximize public access to and along the shoreline and coastal blufftops; b. Where opportunities exist, provide new vertical accessways in areas of limited public accessibility; C. Where opportunities exist, incorporate pedestrian, hiking, bicycle, and equestrian trails; d. Where opportunities exist, provide connections to beaches, parks, recreational facilities, and trail systems; e. Where opportunities exist, integrate into project designs, such as restaurants with outdoor waterfront dining areas and boarding areas for charter and excursion vessels; f. Where opportunities exist, provide access to coastal view corridors, where possible; g. Where opportunities exist, alternative modes of transportation; h. Minimize alterations to natural landforms; Account for long-term projections in sea level rise and coastal bluff erosion rates; Protect environmentally sensitive habitat areas consistent with Coastal Act Section 30240; and k. Protect open coastal waters, wetlands, estuaries, and lakes consistent with Coastal Act Section 30233. I. Protect private property rights. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-4 2. Open and Unobstructed. Public access shall be open and unobstructed. 3. Barriers Prohibited. Development designed to restrict access to and along the shoreline or coastal blufftops (i.e., barriers, gates, guardhouses, private streets, etc.) shall be prohibited. 4. Location in Setback Areas. Public access easements may be provided within required setback areas. 5. Privacy Buffers. A 10 -feet wide buffer area between a public accessway and a residential structure shall be provided on the site when necessary to protect the landowner's privacy or security as well as the public's right to use the accessway. The review authority may reduce the width of the buffer area where separation is achieved through landscaping, fences, or changes in grade elevation. 6. Sensitive Areas. Public access improvements shall be sited, designed, and maintained to avoid or minimize impacts to environmentally sensitive habitat areas (ESHAs), wetlands, coastal dunes, and other sensitive resource areas in compliance with Chapter 21.30B (Environmentally Sensitive Areas). 7. Lateral Access Design Features. a. Location. (1) A lateral accessway shall extend along the entire width of a lot. (2) A lateral accessway shall be located on land, when feasible. A lateral accessway that consists of decking and/or boardwalks extending over the water or floating walkways may be allowed only when existing development makes onshore lateral access infeasible or as part of a comprehensive program to provide waterfront access. b. Alignment. A lateral accessway shall align with existing lateral accessways, unless an alternative alignment is approved pursuant to subsection J. of this section. C. Required Segments. Lateral accessways segments shall be provided in the following areas:(1) Lido Marina Village. On all bayfront nonresidential and mixed-use lots in Lido Marina Village. (2) Cannery Village and McFadden Square. On all bayfront lots in Cannery Village and McFadden Square from 31St Street to 19th Street. (3) Mariners' Mile. On all bayfront lots in Mariners' Mile from the Coast Highway/Newport Boulevard Bridge to the Balboa Bay Resort. Minimum Width. Lateral accessways shall be the following minimum widths: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-5 (1) Lots With Dry Sand or Rocky Coastal Beaches. For lots with dry sand or rocky coastal beaches, a lateral accessway shall be a strip of land that extends landward from the mean high water line the greater of the following distances: (a) 10 feet; or (b) If the width of the beach is greater than 10 feet, to a fixed point at the most seaward of the primary extent of development, the toe of the bluff, or the first line of terrestrial vegetation. For purposes of this paragraph, the primary extent of development shall mean the intersection of sand with toe of revetment, the vertical face of a bulkhead, or other appropriate boundary (e.g., drip line of a deck, etc.). (2) Lots With Shoreline Protective Devices. For lots with shoreline protective devices, a lateral accessway shall be a minimum of 10 feet in width as measured landward from the shoreline protective device. (3) Lots on Coastal Blufftops. For lots on a coastal blufftops, a lateral accessway shall be a minimum of 10 feet in width as measured upland from the bluff edge. d. Construction Design. A lateral accessway may include open or enclosed unobstructed walkways; exterior decking and/or boardwalks; interior breezeways and/or walkways with a minimum vertical clearance of 8 feet above -grade, provided that the breezeways are located as close as possible to the water and are designed to provide the most direct, convenient connection between adjacent existing or potential lateral access. Exterior access is preferred over interior access. 8. Vertical Access Design Features. a. Location. Where feasible, a minimum of one vertical accessway at every street stub, or where there are no street stubs, at every 500 feet. b. Linkage. Where feasible, vertical accessways shall link with lateral accessways. C. Minimum Width. A vertical accessway shall be a minimum of 6 feet in width. 9. Coastal Bluff Access Design Features. Lateral Access. See Section 21.30A.050 (A)(7)(b)(3). Street and Trail Connections. Public access to coastal bluff areas shall be provided through design of the local street system and through the location of public trails and walkways adjacent to the bluffs. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-6 C. View Parks and Vista Points. Areas adjacent to coastal bluffs having significant view potential shall be designated for use as view parks or vista points consistent with parkland dedication requirements. 10. Bayfront Amenities. Nonresidential development along the bayfront shall provide amenities to assure access for coastal visitors. Bayfront amenities include, but are not limited to seating, trash enclosures, water fountains, lighting, viewing areas, lighting, and other pedestrian -oriented improvements. B. Usage Limits. Controls on the time, place, and manner of uses (e.g., limiting access to pass and repass; restricting hours of use; etc.) may be imposed in compliance with Chapter 21.52 (Coastal Development Review Procedures). C. Signage. Public accessways shall be identified by signs that conform to the Coastal Access Signing Program contained in Appendix B. D. Removal of Unauthorized Structures. Unauthorized development, including, but not limited to signs, landscaping, and fences that inhibit public access shall be removed. E. Parking. 1. Off -Street Parking Spaces Required. Off-street parking spaces shall be provided in compliance with Chapter 21.40. 2. Public Parking Restrictions Prohibited. Restrictions on public parking (e.g., the posting of "no parking" signs, painting curbs red, installation of physical barriers, etc.), shall be prohibited. a. Exception. The reviewing body may waive this standard where such restrictions are needed to protect public safety and where no other feasible alternative exists to provide public safety. b. Mitigation. Development that results in restrictions on public parking shall provide an equivalent quantity of public parking nearby as mitigation for impacts to coastal access and recreation, where feasible. 3. Protection of Existing Public Parking. Existing public parking that supports public access shall be protected. Any development that results in a reduction of public parking supporting public access shall provide an equivalent quantity of public parking nearby as mitigation. 4. Use of Parking Areas During Low -Demand Periods. Commercial or institutional development causing or contributing to adverse impacts to public access or recreation may be conditioned to allow use of parking areas for public access outside of normal business hours (i.e., on weekends and holidays), where feasible. Parking areas may be used for motor vehicle parking, bicycle parking, or in conjunction with public transit or shuttles that serve coastal recreational areas. 5. Parking for Vertical Accessways. Parking shall be provided by the developer in conjunction with new or improved vertical accessways, whenever feasible and consistent with site constraints, environmental constraints, and safety conditions. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-7 F. Interference with Public Use Prohibited. After making an offer to dedicate public access in compliance with this Chapter, the property owner shall not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible entity. G. Encroachments Prohibited. Encroachments or the installation of non -access -related private improvements into public accessways shall be strictly prohibited, except as provided by Section 21.30A.100 (Permitted Encroachments into Public Accessways). H. Vacation of Public Accessways. Vacations of public accessways, including, but not limited to, easements and public street ends identified as providing public access, shall require a coastal development permit pursuant to Section 21.44.045 (Vacations and Abandonments). I. Prescriptive Rights. 1. Location of Development Where Prescriptive Rights Identified. The design and siting of development shall not interfere with the potential public rights based on historic public use; unless the review authority determines that replacement public access of an equivalent type, intensity, and area will be provided on, or immediately adjacent to, the development site. 2. Condition Not Determinative of Prescriptive Rights. An access condition shall not serve to extinguish, adjudicate or waive potential prescriptive rights. The following language shall be added to the access condition in a permit with possible prescriptive rights: "Nothing in this condition shall be construed to constitute a waiver of, or a determination on, an issue of prescriptive rights that may exist on the lot itself or on the designated easement." J. Modification or Waiver of Public Access Requirements. 1. Lateral Access. The lateral access requirements specified in Section 21.30A.050 (A) may be waived or modified in the following situations: a, When the applicant can demonstrate, based on an engineering analysis, that all or a portion of such access is physically infeasible and there are no design alternatives capable of overcoming topographical or site constraints that jeopardize public safety or fragile coastal resources. b. Where marine service equipment and operations present security or public safety concerns, waterfront access detours are necessary in order to maintain facilities and services essential to the operation of the harbor. 2. Vertical Access. The vertical access requirements specified in Section 21.30A.050 (A) (2) may be waived or modified in the following situations: a. When the provisions of new accessways are inconsistent with public safety, military security needs, or the protection of fragile resources. b. When adequate access exists nearby. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-8 3. Coastal Bluff Access. The coastal bluff access requirements specified in Section 21.30A.050 (B) may be waived or modified in the following situations: a. When the design of the existing local street system and/or the location of existing public trails and walkways cause all or a portion of such access to be physically infeasible and there are no design alternatives capable of overcoming these constraints. b. When the applicant can demonstrate, based on an engineering analysis, including slope stability analysis and erosion rate estimates, that all or a portion of such access is physically infeasible and there are no design alternatives capable of overcoming topographical or site constraints that jeopardize public safety or fragile coastal resources. C. When adequate access exists nearby. 21.30A.060 — Access Title and Guarantee Where public coastal accessways are required as a condition of approval of a coastal development permit or other authorization, a guarantee of the access through deed restriction, or dedication of right-of-way or easement shall be required. Prior to the issuance of a coastal development permit or other authorization, the method and form of the access guarantee shall be approved by City Attorney, and shall be recorded in the office of the County Recorder, identifying the precise location and area to be set aside for public access. The method of access guarantee shall be chosen according to the following criteria: A. Deed Restriction. A deed restriction shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the Director. B. Grant of Fee Interest or Easement. A grant of fee interest or easement shall be used when a public agency or private organization approved by the City Council is willing to assume ownership, maintenance and liability for the access. C. Offer of Dedication. An offer of dedication shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for accessway maintenance and liability. These offers shall not be accepted until maintenance responsibility and liability is established. 21.30A.070 — Coastal Commission Review of Recorded Access Documents A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574: 1. The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-9 a. Upon completion of permit review, and prior to the issuance of the permit, the City shall forward a copy of the permit conditions, findings of approval, and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; b. The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the City of recommended revisions if any; C. The City may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period; d. If the Executive Director has recommended revisions to the City, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director; or 2. If the City requests, the Coastal Commission shall delegate to the City the authority to process the recordation of the necessary legal documents pertaining to the public access and open space conditions. Upon completion of the recordation of the documents the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the Executive Director of the Coastal Commission. 21.30A.080 — Timing of Access Requirements The type and extent of access to be dedicated, and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, shall be established at the time of coastal development permit approval or other authorization, as provided by this section. A. Guarantee Precedes Permit Issuance. The guarantee of public access in the form required in compliance with Chapter 21.52 (Coastal Development Review Procedures) shall occur before issuance of construction permits or the start of construction activity not requiring a permit. B. Construction of Improvements. Construction of improvements shall occur at the same time as construction of the approved development, unless another time is established through conditions of coastal development permit approval or other authorization. C. Interference with Public Use Prohibited. Following an offer to dedicate public access pursuant to this section; the property owner shall not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible entity. 21.30A.090 — Management and Maintenance A. Controls. Based on substantial evidence and documentation, the City may require controls on the time, place, and manner of public access when justified by site characteristics, including topographic and geologic conditions, the intensity of use and the capacity of the site to sustain the use, the fragility of natural resource areas, the need to protect the privacy or security of residential development, public safety services access, and the provision of support facilities. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-10 B. Management Plan. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. C. Maintenance. A dedicated public accessway shall not be required to be opened to public use until a public agency or private association approved by the City Council agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction. 21.30A.100 — Permitted Encroachments into Public Accessways A. Purpose. This section establishes procedures for approval of permitted encroachments, removal of prohibited encroachments, limiting the extent of encroachments, and clarification of improvements permitted within public accessways. B. Public Right -of -Way Encroachments. Standardized private improvements permitted within public rights-of-way with an encroachment permit and, if applicable, an encroachment agreement, provided such improvements do not interfere with the use of public accessways or otherwise diminish public rights. Such improvements include, but are not limited, to: Driveways approaches constructed to Standard Plans and Specifications of the City of Newport Beach; 2. Carriage walks; 3. Median and parkway landscaping; 4. CATV and public utility facilities; 5. Mailboxes, when required by the U.S. Postal Service; 6. Utility pedestals; 7. Structural encroachments, including but not limited, to fences, walls, patios, and raised planters that do not exceed three (3) feet; and 8. Improvements consistent with Subsection C. C. Oceanfront Boardwalk. The maximum seaward extent of encroachments shall be limited to the following encroachment zones: Encroachment Zones. a. Santa Ana River to 52nd Street. A maximum of fifteen (15) feet seaward of the rear (ocean facing) property line within the seaward prolongation of the side property lines. b. 52nd Street to 36th Street. A maximum of ten (10) feet seaward of the rear (ocean facing) property line within the seaward prolongation of the side property lines. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-11 C. 36th Street to E Street. Between A Street and a point two hundred and fifty (250) feet southeast of E Street, up to the inland edge of the Oceanfront Boardwalk (7 to 8 feet seaward of the rear property line) and within an seaward prolongation of the side property lines. d. From a point 250 feet southeast of E Street to Channel Road. A maximum of fifteen (15) feet seaward of the rear (ocean facing) property line within the seaward prolongation of the side property lines. 2. Prohibited Encroachments. a. Encroachments and improvements are prohibited seaward of private property between 36th Street and A Street provided, however, the northerly edge of Oceanfront Boardwalk in this area is not always coincident with the seaward private property line. Improvements northerly of the north edge of the boardwalk are not considered encroachments or prohibited by this section; Encroachments, including irrigation systems, and improvements are prohibited seaward of any ocean front parcel from a point two hundred and fifty (250) feet southeast of E Street to Channel Road, provided existing trees which have been planted and maintained in conformance with City standards, and ground cover such as existing, non -irrigated ice plant or indigenous plants are not considered to be an encroachment, and will not require a permit pursuant to this section; C. Any existing encroachment or improvement for which no application has been filed on or before May 31, 1992, and any new encroachment or improvement for which no application is filed prior to installation is prohibited; d. Any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this section is prohibited; e. Any new or existing encroachment or improvement for which there is no valid permit. 3. Permitted Improvements. The following improvements are permitted within the encroachment zones: a. Patio slabs or decks no higher than six (6) inches above grade or the finished floor grade of the adjacent residence; b. Walls and/or fences less than thirty-six (36) inches in height above grade or the finished floor grade of the existing residence; C. Existing improvements which were constructed in conjunction with development for which a building permit was issued prior to May 31, 1992, may be approved by the Public Works Director upon a finding that the Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-12 improvement is consistent purpose of this chapter and the cost of strict compliance is disproportionate to the extent of the nonconformity. d. Protective devices necessary to control erosion, provided the device is sited to occur as close to private property as feasible. 4. Prohibited Improvements. The following improvements are prohibited within the encroachment zones: a. Except for perimeter wails and/or fences less than thirty-six (36) inches in height, any structural, electrical, plumbing or other improvements which require issuance of a building permit; b. Pressurized irrigation lines and valves; C. Any object which exceeds thirty-six (36) inches in height, exclusive of the following: Trees planted by the City or private parties pursuant to City standards; or ii. Any landscaping or vegetation within the encroachment zone subject to the following: (1) The vegetation or landscaping was installed prior to November 26, 1990; (2) The vegetation or landscaping does not impact public access, recreation, views and/or coastal resources; (3) The vegetation or landscaping does not meet the definition of a hedge; (4) The vegetation or landscaping does not impair or affect the health, safety or welfare of persons using the Oceanfront Boardwalk, nearby property owners, or residents of the area; (5) Vegetation or landscaping within coastal dune habitat is restricted to native plant species; (6) New plant materials that have been approved under a separate coastal development permit. 5. Modification to Improvement Limits. The Public Works Director may approve minor dimensional tolerances for permitted improvements only upon a finding that the improvement is consistent with the purpose of this chapter and the cost of strict compliance is disproportionate to the extent of the nonconformity. In no event shall the Public Works Director approve a permit for an improvement that varies more than twelve (12) inches from the horizontal dimensional regulations of this section. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-13 6. Maintenance. a. Improvements shall be maintained in a manner that does not impact public access, recreation, views and/or coastal resources; b. Landscaping improvements shall be maintained in compliance with Section 21.30.075 (B)(4); C. The City shall reduce the height of any existing landscaping at any time, upon a determination by the Public Works Director, and after notice to the owner of property on which the vegetation or landscaping exists, that a reduction in height is necessary or appropriate. 7. Permits. a. Annual Permit Required. An encroachment permit shall be required each year for all permitted improvements. b. Renewal. The Public Works Director shall approve annual renewal if: The applicant has complied with all standard and special conditions of approval; ii. The applicant has constructed only those improvements and encroachments authorized by the permit; iii. The applicant is in compliance with all of the provisions of this section. C. Annual Fees. Annual permit fees shall be set by the City's master fee schedule. 8. Waiver. The applicant shall agree to waiver of any right to contest the City's street and public access easement over the property within or seaward of the encroachment zones. 9. Revocation. The City shall, in addition to any right or remedy provided by law, have the right to do any or all of the following in the event an applicant is in violation of the provisions of this section, or any condition to the permit, or any encroachment or improvement violates the provisions of this section: Revoke the permit after giving the applicant notice and an opportunity to be heard upon a determination that there is substantial evidence to support a violation. Summarily abate any encroachment or improvement violative of this section after giving the applicant or property owner ten (10) days written notice of its intention to do so in the event the applicant or property owner fails to remove the encroachment or improvement. The applicant or property owner shall pay all costs incurred by the City in summarily abating the encroachment or improvement. The determination of the Public Works Director with respect to abatement shall be final. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-14 10. Use of Funds. A minimum of eighty-five (85) percent of the fees generated by encroachments permits shall be used for the construction and maintenance of improvements which directly benefit the beach -going public such as parking spaces, restrooms, West Newport/Balboa Peninsula shuttle program, vertical or lateral walkways along the beach and similar projects. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30A-15 Chapter 21.30B — Habitat Protection Sections: 21.3013.010 Purpose 21.3013.020 Initial Site Resources Survey 21.3013.030 Environmentally Sensitive Habitat Areas 21.3013.040 Wetlands, Deepwater Areas, and Other Water Areas 21.3013.050 Coastal Dunes 21.3013.060 Mitigation and Monitoring 21.306.010 — Purpose This Chapter is intended to: A. Protect environmentally sensitive habitat areas against any significant disruption of habitat values. B. Maintain and, were feasible, restore the biological productivity and the overall quality of coastal waters, streams, wetlands, estuaries, and lakes. C. Protect wetlands for their commercial, recreational, water quality, and habitat value. 21.306.020 — Initial Site Resource Survey Applicability. An initial site resource survey identifying the presence or potential for wetlands or sensitive habitat or species on the site shall be required for coastal development permit applications on a development site that: A. Is located within or within fifty (50) feet of an Environmental Study Areas (ESA) indicated in Map 4-1 (Environmental Study Areas) in the Coastal Land Use Plan; or B. Contains southern coastal foredune or southern dune scrub habitats; or C. Contains or is located within one hundred (100) feet of a delineated wetland, designated Environmentally Sensitive Habitat Area (ESHA), ESHA buffer, or wetland buffer; or D. Contains or is located within one hundred (100) feet of a habitat area where there is substantial evidence of the presence of a wetland or ESHA. 21.3013.030 — Environmentally Sensitive Habitat Areas A. ESHA Designation. 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 shall be designated as an environmentally sensitive habitat area (ESHA). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-1 1. Exceptions. ESHAs do not include the following areas: a. Existing developed areas; and b. Existing fuel modification areas required by the City of Newport Beach Fire Department or the Orange County Fire Authority for existing, legal structures. B. Protection Required. ESHAs shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be allowed. Development in areas adjacent to ESHAs shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of the ESHA. C. ESHA Report. If the initial site resources survey indicates the presence or potential for sensitive habitat or species on the site, a report shall be required with recommendations as to whether a habitat area constitutes an ESHA. 1. Evaluation. Using a site-specific survey and analysis, the ESHA report shall evaluate the following attributes when recommending whether a habitat area constitutes an ESHA: 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. 2. Recommendation. If an area is recommended as an ESHA, the boundaries of the ESHA and the appropriate buffers shall be made to the review authority. D. ESHA Buffers. A protective open space buffer shall be required to horizontally separate ESHA from development areas and provide distance and physical barriers to human and domestic pet intrusion. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.306-2 1. Size. ESHA buffers shall be of a 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 fifty (50) feet wherever possible. a. Exceptions: Smaller ESHA buffers may be allowed only where it can be demonstrated that: (1) A fifty (50) foot 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 ESHA given the site-specific characteristics of the resource and of the type and intensity of disturbance. 2. Vegetation. a. ESHA buffers shall be maintained exclusively with native vegetation to serve as transitional habitat. b. Fuel modification zones abutting sensitive habitats shall consist of fire -resistive, native plant species from the City -approved plant list. C. Invasive plant species shall be prohibited. E. Design and Siting. Development within one hundred (100) feet of an ESHA shall incorporate the following design and site characteristics: Development within or adjacent to an ESHA shall be designed and sited to protect ESHA resources against any significant disruption of habitat values. 2. Development shall be compatible with the continuance of ESHA habitat areas. 3. Development adjacent to an ESHA shall be limited to low impact land uses, such as open space and passive recreation whenever feasible. 4. Development shall not necessitate fuel modification in an ESHA. 5. Development lighting shall minimize impacts to wildlife. a. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to direct lighting away from environmentally sensitive habitat areas (ESHA) and ESHA buffers and to minimize glare, sky glow, and light trespass. b. Buildings shall be designed to minimize light trespass from interior lighting. C. The lowest intensity lighting shall be used that is appropriate to the intended use of the lighting. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-3 6. Unauthorized structures that impact, or encroach into, ESHA shall be removed F. Limits On Land Uses. Uses within ESHA shall be limited to only those uses that are dependent on such resources. Limited public access improvements and minor educational, interpretative and research activities and development may be considered resource dependent uses. Measures, including, but not limited to, trail creation, signage, placement of boardwalks, and fencing, shall be implemented as necessary to protect ESHA. 1. Exception to Protect Private Property. If the application of ESHA land use limitations would likely constitute an unconstitutional taking of private property, then a non -resource dependent use shall be allowed on the property, provided development is limited to the minimum amount necessary to avoid an unconstitutional taking and the development is consistent with all other applicable resource protection policies. G. Required Findings. No development shall be allowed in an ESHA or ESHA buffer area unless the following findings are made: 1. The resource as identified will not be significantly degraded by the proposed development. 2. There is no feasible less environmentally damaging alternative. 3. All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted. 21.306.040 — Wetlands, Deepwater Areas, and Other Water Areas A. Protection Required. 1. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes shall be protected, maintained and, where feasible, restored. 2. All uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. 3. Marine resources shall be maintained, enhanced, and, where feasible, restored. 4. Special protection shall be provided to marine resource areas and species of special biological or economic significance. B. Wetland Delineation. When the initial site resources survey indicates the presence or potential for wetland species or indicators, coastal development permit applications shall include a survey and analysis with the delineation of all wetland areas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.308-4 1. Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland boundaries contained in Section 13577(b) of the California Code of Regulations and Statewide Interpretive Guidelines for Wetlands and Other Environmentally Sensitive Habitat Areas published by the California Coastal Commission. 2. Other Factors. Although vegetation is often the most readily observed parameter, sole reliance on vegetation or either of the other parameters as the determinant of wetlands can sometimes be misleading. Many plant species can grow successfully in both wetlands and non -wetlands, and hydrophytic vegetation and hydric soils may persist for decades following alteration of hydrology that will render an area a non -wetland. Where ambiguities in wetland delineation exist due to the demonstrated presence of both upland and wetland characteristics, factors other than the standard field indicators of wetland hydrology, wetland vegetation and wetland soils may be analyzed as part of the delineation. Such factors may include topography, soil permeability, drainage patterns, adjacency to identified wetlands, and comparisons of hydrology at the ambiguous site and at nearby upland and wetland reference sites following significant rainfall events. The simple lack of field indicators of hydrology during a routine delineation is not strong evidence of upland characteristics (Coastal Commission findings for approval of the Coastal Land Use Plan, October 13, 2005). 3. Recommendation. The recommended wetland delineation and the appropriate buffers shall be made to the review authority. C. Wetland Buffers. A protective open space buffer shall be required to horizontally separate wetlands from development areas. Wetland buffers shall be of a sufficient size to ensure the biological integrity and preservation of the wetland. Wetlands shall have a minimum buffer width of one hundred (100) feet wherever possible. Exception: Smaller wetland buffers may be allowed only where it can be demonstrated that: a. A one hundred (100) foot wide buffer is not possible due to site-specific constraints; and b. 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. D. Channelizations. 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. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30B-5 2. Flood control projects where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development 3. Developments where the primary function is the improvement of fish and wildlife habitat. F. Removal of Unauthorized Structures. All unauthorized structures that impact, or encroach into, wetlands, deepwater areas, or other water areas shall be removed. E. Diking, Filling, and Dredging Projects. 1. Limits on Development. Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted under the following circumstances: a. Only if there is no feasible, less environmentally damaging alternative. b. If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects. C. Diking, filling or dredging projects shall sustain the functional capacity of the wetland, or estuary. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following: (1) 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 as a result of the project. (2) That the project does not harm or destroy a species or habitat that is rare or endangered. (3) That the project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary. (4) 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. 2. Limits On Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to the following: a. Construction or expansion of port/marine facilities. b. Construction or expansion of coastal -dependent industrial facilities, including commercial fishing facilities, and commercial ferry facilities. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-6 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. Recreational docks and piers within the intertidal areas, including wetlands, in Newport Harbor. e. Maintenance or replacement of existing bulkheads when expansion or encroachment into coastal waters is limited to the minimum extent necessary to repair, maintain, or replace an existing bulkhead and the backfill is not used to create new usable residential land areas. f. 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. g. 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. h. Sand extraction for restoring beaches, except in environmentally sensitive areas. Restoration purposes. Nature study, aquaculture, or similar resource -dependent activities. k. 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. 3. Exception for Restoration Projects. Restoration projects permitted pursuant to subsection (E)(2) may include some fill for non -permitted uses if the wetlands are small, extremely isolated, and incapable of being restored. Small, extremely isolated parcels that are incapable of being restored to biologically productive systems may be filled and developed for uses not ordinarily allowed only if such actions establish stable and logical boundaries between urban and wetland areas and if the applicant provides funds sufficient to accomplish an approved restoration program in the same general region. All the following criteria must be satisfied before this exception is granted: a. The area of the wetland to be filled is less than one (1) acre. b. The wetland to be filled is not contiguous or adjacent to a larger wetland. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.306-7 C. The wetland to be filled is so small and isolated that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities. d. The wetland does not provide significant habitat value to marine and wildlife species, and is not used by any species that are rare or endangered. e. Restoration of another wetland to mitigate for fill can most feasibly be achieved in conjunction with filling a small wetland. The mitigation measure shall be carried out in a manner that would result in no net loss of either wetland acreage or habitat value. f. Restoration site is abutting or adjacent to a larger, contiguous wetland area providing significant habitat value to fish and wildlife that would benefit from the addition of more area. g. The restoration site is within the general area surrounding the wetland where the fill occurred. h. The California Department of Fish and Game and the U.S. Fish and Wildlife Service has determined that the proposed restoration project can be successfully carried out. 4. Dredge Material Disposal. a. Dredged material disposal shall to be planned and carried out to limit turbidity and to avoid significant disruption to marine and wildlife habitats and water circulation. b. Dredged material suitable for beneficial reuse shall be transported for such purposes to appropriate areas and placed in a manner that minimizes adverse effects on the environment. C. Dredge material suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems. 21.306.050 — Coastal Dunes A. Purpose. This section provides requirements for development in areas with coastal dunes. The intent of this section is to protect coastal dune as natural habitats and for shoreline protection. B. Applicability. The requirements of this section shall apply to coastal development permit applications in areas with southern coastal foredune and southern dune scrub habitats. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-8 C. Earthmoving. Earthmoving of beach sand in dune habitat areas shall be limited to projects necessary for the protection of coastal resources and existing development. The use of temporary sand dunes to protect buildings and infrastructure from wave uprush during storm events shall be permitted. D. Public Access and Recreation. Public access improvements shall be designed, sited, and maintained in a manner to avoid or minimize impacts to dune habitats through the use of well-defined footpaths, boardwalks, protective fencing, signage, and similar methods. Recreation improvements shall be designed and sited to avoid impacts to dune habitats. E. Landscaping. Plant materials in southern coastal foredune and southern dune scrub habitat areas shall be restricted to native plant species. All exotic vegetation shall be removed. 21.306.060 — Mitigation and Monitoring A. When Required. Mitigation and monitoring programs, including restoration plans and management programs, shall be submitted with the coastal development permit application. 1. ESHA. Mitigation shall be required for allowable impacts to ESHA and other sensitive resources that cannot be avoided through the implementation of siting and design alternatives. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA. 2. Wetlands. Feasible mitigation measures shall be required to minimize adverse environmental effects of diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes where there is no feasible less environmentally damaging alternative. B. Mitigation Programs. Mitigation programs shall include the following components: 1. Specific mitigation objectives and performance standards designed to measure the success of the restoration and/or enhancement. 2. Provisions for acquiring title to the mitigation site. 3. Provisions for the dedication of the restored or created habitat or wetland and associated buffer areas to a public agency, or permanent restriction of their use to open space purposes. 4. A monitoring and management program with mitigation objectives and performance standards. C. Habitat Creation/Restoration. ESHA. Mitigation for impacts to ESHA and other sensitive resources shall be in the form of habitat creation or substantial restoration. The mitigation shall occur Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30B-9 I on-site wherever possible. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site. 2. Wetlands. Mitigation shall occur in the same watershed and in the form of in-kind wetland restoration or creation whenever possible. Where out -of -kind mitigation is necessary, restoration or creation of wetlands shall be of equal or greater biological productivity to the wetland that was filled or dredged. Mitigation may be permitted through opening equivalent areas to tidal action or provide other sources of surface water in place of creating or restoring wetlands. Mitigation Ratios. Table 21.306-1 provides required mitigation ratios of acreage restored/created to acreage impacted. Scrub Die an Coastal sage scrub 1 2:1 A ratio of 3:1 shall be required for coastal sage scrub that is occupied by California gnatcatchers or significant populations of other rare species. Maritime succulent scrub 3:1 Chaparral Southern mixed chaparral 1:1 Southern maritime chaparral 3:1 Native grassland Southern coastal needlegrass grassland. 3:1 Wetland Seasonal wetlands other than vernalpools) 3:1 Coastal freshwater marsh 3:1 Riparian habitats 3:1 Southern hardpan vernal pools 4:1 Coastal brackish marsh 4:1 Southern coastal salt marsh 4:1 Eelarass 1.2:1 A mitigation ratio of 2:1 may be allowed upon evidence establishing that restoration or creation of a lesser area of wetlands will fully mitigate the adverse impacts of the project. A mitigation ratio less than 2:1 may be allowed provided, 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. Other for rare community types 3:1 E. Timing. Any off-site mitigation site shall be purchased and legally restricted and/or dedicated before impacts to the project site can proceed. Restoration plans shall to be reviewed and approved by a qualified professional pursuant to Section 21.50.070 (Environmental Review) prior to accepting sites for mitigation. F. In -lieu Fee. An in -lieu fee may be paid to an appropriate public agency to mitigate habitat or wetland impacts, if no appropriate mitigation site can be acquired. The fee shall be based on the following factors: 1. The habitat type. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-10 2. The costs of acquisition, including litigation. 3. The cost per acre to restore or create a comparable habitat type or wetland within the region. 4. The acreage of the habitat affected, based on the final approved project. For wetlands, the acreage shall the area of equivalent productive value or equivalent surface area. G. Upper Newport Bay Marine Park. The following mitigation measures are required for dredging projects in the Upper Newport Bay Marine Park: 1. 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. 2. Maintenance dredging shall be encouraged where the dredging provides habitat protection or 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. 3. Dredged material not suitable for beach nourishment or other permitted beneficial reuse shall be disposed of offshore at a designated U.S. Environmental Protection Agency disposal site or at an appropriate upland location. 4. 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. 5. Dredged spoils shall not be used to fill riparian areas, wetlands, or natural canyons. 6. 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. 7. Dredge spoils suitable for beach nourishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems provided that the placement is permitted by a Section 404 permit. H. Monitoring. Monitoring of mitigation measures shall be for a period of sufficient time to determine is mitigation objectives and performance standards are being met. Mid -course corrections shall be implemented if necessary to meet the objectives or performance standards. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30B-11 1. Period. Monitoring shall be conducted a period of not less than 5 years following completion, unless the Director determines that a differing mitigation monitoring schedule is appropriate. If performance standards are not met by the specified monitoring period, the monitoring period shall be extended until the standards are met or the applicant shall submit an amendment application proposing alternative mitigation measures and implement the approved changes. 2. Reports. Monitoring reports that document the success or failure of the mitigation shall be provided to the Department annually and at the conclusion of the monitoring period. 3. Completion. The restoration shall be considered successful after the success criteria have been met for a period of at least 3 years with no remediation or maintenance activities other than weeding. Review and Approval. Mitigation programs, restoration plans, and monitoring programs shall to be reviewed and approved by a qualified professional pursuant to Section 21.50.070 (Environmental Review). J. Easements and Dedications. Where onsite or offsite preservation of an ESHA, ESHA buffer, or mitigation area is required as a condition of approval of a coastal development permit or other authorization, a guarantee of protection through direct dedication, offer to dedicate, or conservation easement shall be required. The protection guarantee shall identify the precise location and area to be set aside for preservation. 1. Timing. Prior to the approval of a coastal development permit, the method and form of the protection guarantee shall be approved by City Attorney. The protection guarantee shall be recorded in the office of the County Recorder prior to the issuance of any development permits. 2. Management and Funding. A management plan and funding plan shall be required to ensure appropriate management of the habitat area in perpetuity. 3. Method of Protection Guarantee. A method of access guarantee shall be chosen according to the following criteria: a. Deed Restriction. A deed restriction shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the habitat area, subject to approval by the Director. b. Grant of Fee Interest or Easement. A grant of fee interest or easement shall be used when a public agency or private organization approved by the City Council is willing to assume ownership, maintenance and liability for the habitat. C. Offer of Dedication. An offer of dedication shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for habitat maintenance and liability. These offers shall not be accepted until maintenance responsibility and liability is established. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-12 4. Inventory. 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 coastal development permit process. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.3013-13 c�� QP Chapter 21.30C — Harbor and Bay Regulations Sections: 21.30C.010 Purpose 21.30C.020 Applicability 21.30C.030 General Provisions 21.30C.040 Vessel Berthing and Storage 21.30C.050 Harbor Development Regulations 21.30C.060 Harbor Development Permits 21.30C.070 Dredging Permits 21.30C.010 — Purpose This Chapter provides regulations and procedures for development and uses within the Harbor and other tidelands and submerged lands. 21.30C.020 — Applicability This Chapter applies to and within Newport Harbor and all tidelands and submerged lands under the jurisdiction of the City of Newport Beach, except where otherwise provided in this Chapter. 21.30C.030 — General Provisions A. Establishment of Channels and Harbor Lines. All channels, turning basins, anchorage areas, and Project, Pierhead, and Bulkhead Lines in Newport Harbor shall be as established by the Federal Government or by the City Council upon recommendation of the Harbor Commission. A map thereof shall be kept on file in the offices of the City Clerk and the Harbor Resources Division for public inspection. B. Review of Applications. Harbor development permit applications shall be reviewed to insure conformity with the policies of the Coastal Land Use Plan. 21.30C.040 —Vessel Berthing and Storage A. Anchorage and Mooring Location. No person having charge of any vessel shall berth or anchor the same in Newport Harbor except within the designated areas. In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. B. Vessel Condition. Vessels assigned must be maintained in an operable and seaworthy condition. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-1 21.30C.050 — Harbor Development Regulations A. Protection of Coastal Access and Resources. All harbor structures, including remodels of and additions to existing structures, shall be designed and sited so as not to obstruct public lateral access and to minimize impacts to coastal views and coastal resources. B. Protection of Vessel Launching Facilities. Existing vessel -launching shall be protected, unless replaced with facilities with equal or greater vessel -launching capabilities. C. Appearance. All structures permitted to encroach into open coastal waters, wetlands, and estuaries shall be designed and sited to harmonize with the natural appearance of the surrounding area. D. Eelgrass Protection. The use of materials in pier and dock construction design, materials and methods shall consider minimal impacts to eelgrass and marine habitat. E. Docking Facilities. Docking facilities shall be designed and sited in relationship to the water's depth and accessibility. F. Pollution Control. The permittee shall maintain the area delineated on the harbor development permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the permittee to avert any other type of pollution of Newport Harbor from recreational and/or commercial use of the tidelands. G. Piers. Limits on Use. Only piers, floats and patio decks and their appurtenances pursuant to subsection (G) (5) of this section shall be permitted bayward of the bulkhead. 2. Street Ends. No private piers shall be permitted at street ends. 3. Setbacks. a. All piers and slips for residential properties shall be set back a minimum of five feet from the prolongation of the property line. With the prior approval of the City, piers and slips for commercial properties may extend past the prolongation of the property line. The prolongation of the property line bayward of the same bearing from the bulkhead shall generally be used in determining the allowable setbacks for piers and slips. Because there are certain physical conditions which preclude the strict application of this policy without prejudice to adjoining properties, special consideration will be given to areas where precise prolongation of the property line has not been determined and the following conditions exist: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-2 (1) Where property lines are not approximately perpendicular to the bulkhead line; (2) Where curves or angles exist in the bulkhead line; (3) Where bridges, topography, street ends or publicly owned facilities adjoin the property. d. Setbacks apply to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line. 4. Joint Ownership. Permits may be granted for joint ownership piers at the prolongation of common lot lines. The permit for joint ownership piers shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the permit. 5. Patio Decks. Patios are not permitted to extend over the waters of Newport Harbor unless the waters are adjacent to the upland property and outside the areas described in the tidelands trust, and provided the patio complies with the following conditions: a. The maximum projection of patio decks encroachments beyond the bulkhead line shall be limited to five feet. b. The minimum setbacks from the prolongations of the side property lines shall be five feet. C. No float shall be permitted within one foot of the decks. No permanent structure shall be permitted on the projecting portion of the patios except: (1) Planters and benches not over sixteen (16) inches in height; (2) Railings not over forty-two (42) inches in height with approximately ninety-five (95) percent open area. e. A harbor and building permit has been obtained. 6. Storage Lockers. Storage lockers and boat boxes may be installed on shore -connected piers and floats subject to the following limitations: a. The overall height shall not exceed thirty (30) inches when located bayward of residential property zones. b. The overall height shall not exceed thirty (30) inches when located bayward of commercial and industrial property zones where the piers and floats are used primarily for the mooring of pleasure boats. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-3 The overall height shall not exceed sixty (60) inches when located on facilities bayward of commercial and industrial zoned property where the use is not primarily for the mooring of pleasure boats. d. The overall height shall be measured from the deck of the pier or float to the top of the storage locker and overall height to include the enclosed portion of the locker or box. H. Other Structures. Race Committee Platforms. Race committee platforms and instruction platforms may be constructed bayward of the bulkhead line at recognized yacht clubs and recognized sailing schools. All work shall require issuance of a Harbor Development Permit. 2. Floating Dry Docks. Permits for non-residential floating dry docks may be approved by the Harbor Resources Division, subject to the following conditions: a. The location is in waters bayward of commercial, manufacturing or unclassified zones; b. The prior approval of a Harbor Use Permit by the Harbor Commission; C. Permits for floating dry docks are issued for one location only. A new permit must be obtained to move a floating dry dock from one location to another location within the harbor. Bulkheads. All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would preserve the design profile of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same manner as if it were on the bulkhead line. The establishment of bulkhead lines does not necessarily allow the property owner to build to the limits of the bulkhead line, due to the potential environmental considerations established by the State of California and/or the Federal Government. The Harbor Resources Division may approve bulkheads located between U.S. Bulkhead Station Nos. 112 and 109, not to exceed the bayward side of the "Vacated East Bay Avenue." U.S. Bulkhead Station No. 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: staff recommendation for a bulkhead at these properties shall not exceed a point bayward of the average high tide line established at a point forty (40) feet landward of the face of the bulkhead at the property at 2137 Bayside Drive, and then on a straight line from that point to the bayward most point of the bulkhead at the property at 2301 Bayside Drive. 2. Bulkheads shall be designed and sited to protect the character of the existing shoreline profiles and avoid encroachment onto public tidelands. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-4 3. Maintenance or replacement of existing bulkheads is permitted when expansion or encroachment into coastal waters is limited to the minimum extent necessary to repair, maintain, or replace an existing bulkhead and the backfill is not used to create new usable residential land areas. 21.30C.060 — Harbor Development Permits A. Application. The application and plans and specifications shall be reviewed by the Harbor Resources Division and Building Division to determine whether the proposed work meets all the requirements of this Implementation Plan and any standards and policies adopted by the City Council for such construction or work. B. Approval by Other Agencies. Coastal Commission. Proof of prior approval, when applicable, from the California Coastal Commission shall be required before issuing any permit. 2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of Engineers will be required. County of Orange. Proof of prior approval of the County of Orange will be required when work extends over County tidelands. 4. Approval in Concept. All development in areas where the Coastal Commission retains coastal development permit authority shall require an approval in concept pursuant to Section 21.52.015 (Coastal Development Permits) prior to application to the Coastal Commission. C. Rendering of Decision. Approval. The Department is authorized to approve and issue new permits and revisions to existing permits that conform to the design criteria and all applicable standards and policies in conjunction with plan reviews by the Harbor Resources Division. 2. The application shall be denied if: The application does not conform to the provisions of this Implementation Plan; or The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners. C. The proposed application does not conform to the policies and regulations of the Local Coastal Program. D. Permit Conditions. In granting any such application, the Harbor Resources Manager shall issue the permit to the owner or long-term lessee of the abutting upland property and may Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-5 impose conditions in the permit which are deemed necessary to protect commerce, navigation or fishing, or the use, operation or development of Newport Harbor. 2. When appropriate where projects involve construction on or near the waterway, eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be required as a condition of City approval of projects in the Newport Bay. The Southern California Caulerpa Action Team (SCCAT) shall be immediately notified if Caulerpa taxifolia is found. 21.30C.070 — Dredging Permits A. Permit Required. Dredging bayward of residential and commercial property shall be the responsibility of the harbor permittee for the area delineated by the bayward prolongations of upland side property lines and the U.S. project line. All such dredging will require a dredging permit from the Harbor Resources Division and other agencies with jurisdictional authority and may be subject to engineering approval by the Public Works Department. 2. Dredging outside the established harbor lines will require prior approval by the Harbor Resources Division and the U.S. Army Corps of Engineers. B. Required Materials. Applications shall be accompanied by all plans, maps, and other materials required by the prescribed forms, unless specifically waived by the Harbor Resources Manager. Applications shall include the following: 1. Authorization to proceed from the Coastal Commission and the U.S. Army Corps of Engineers; 2. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys; 3. Grain size analysis; 4. Identification of the dredge disposal site and dredge quantities; 5. Any other materials the Harbor Resources Manager deems necessary to support the application. C. Limits on Development. Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted under the following circumstances: Only if there is no feasible, less environmentally damaging alternative. 2. If there is no feasible, less environmentally damaging alternative, mitigation measures shall be provided to minimize adverse environmental effects. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-6 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 on the environment. The permittee shall be encouraged to work with the City in making sure materials are available for harbor beach replenishment. 4. Diking, filling or dredging projects shall sustain the functional capacity of the wetland, or estuary. 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 as a result of the project; b. That the project does not harm or destroy a species or habitat that is rare or endangered; That the project does not harm a species or habitat that is essential to the natural biological functioning of the wetland or estuary; That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem. 5. Dredging and dredged material disposal shall avoid significant disruption to marine and wildlife habitats and water circulation. C. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the California Public Resources Code (Coastal Act) and Section 21.306.040 (Allowed Activities and Uses). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.30C-7 Chapter 21.34 — Conversion or Demolition of Affordable Housing Sections: 21.34.010 Purpose 21.34.020 Applicability 21.34.030 Exemptions 21.34.050 Replacement of Affordable Housing 21.34. 010 — Purpose The purpose of this chapter is to: A. Be consistent with and implement the provisions of the Mello Act (Government Code 11 Section 65590); and B. Maintain the number of low- and moderate -income dwelling units within the Coastal Zone. 21.34.020 — Applicability The provisions of this chapter shall apply to the conversion or demolition of existing residential dwelling units within the Coastal Zone occupied by persons or families of low or moderate income ("affordable units"), as defined in Health and Safety Code Section 50093, when either of the following occurs: A. The conversion or demolition of eleven (11) or more dwelling units located in two or more structures; or B. The conversion or demolition of three or more dwelling units located in one structure. 21.34.030 — Exemptions The provisions of this chapter shall not apply to the following: A. Demolition of a Public Nuisance. The demolition of a residential structure that has been declared a public nuisance; or B. Replacement with a Coastal -Dependent or Coastal -Related Use. The conversion or demolition of a residential structure for purposes of a coastal -dependent or coastal -related use; or C. Land Availability. The conversion or demolition of a residential structure when there are less than fifty (50) acres, in aggregate, of privately owned, vacant land available for Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.34-1 residential use within the City's Coastal Zone or within three miles inland of the Coastal Zone. 21.34.050 — Replacement of Affordable Housing A. One for One Replacement. If the Director determines that the proposed conversion or demolition activities involve affordable dwelling units, replacement of the affordable dwelling units shall be provided on a one for one basis, unless the Director determines that replacement is not feasible. B. Location of Replacement Units. Replacement dwelling units shall be located on the site of the converted or demolished structure(s) or elsewhere within the Coastal Zone if feasible. If location on the site or elsewhere within the Coastal Zone is not feasible, the replacement units shall be located within three miles of the Coastal Zone. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.34-2 Chapter 21.38 — Nonconforming Uses and Structures Sections: 21.38.010 Purpose 21.38.020 Applicability 21.38.030 Determination of Nonconformity 21.38.040 Nonconforming Structures 21.38.050 Nonconforming Uses 21.38.060 Nonconforming Parking 21.38.070 Landmark Structures 21.38.080 Repair of Damaged or Partially Destroyed Nonconformities 21.38.010 — Purpose This chapter establishes procedures for the continuation and maintenance of existing uses and structures, except signs, that do not conform to the provisions of this Implementation Plan and for the abatement of those uses that may adversely affect the general welfare of persons and property. 21.38.020 — Applicability A. Legally Established Uses and Structures. The provisions of this chapter shall apply to all legally established uses and structures that become nonconforming due to reclassification, ordinance changes, or annexations. B. Exemptions. A structure that was legally constructed prior to October 26, 2010, shall be exempt from the limitations identified in Section 21.38.040(G)(1) unless the structure is nonconforming because it does not comply with the required setbacks. 21.38.030 — Determination of Nonconformity A. Director's Determination. The Director shall determine the nonconforming conditions of land uses and structures. B. Nonconforming Use. Any use determined to have been lawfully established and maintained, but that does not conform to the use regulations or required conditions for the coastal zoning district in which it is located by reason of adoption or amendment of this Implementation Plan or by reason of annexation of territory to the City, shall be deemed to be a nonconforming use. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-1 A nonconforming use includes a use that was lawfully established and maintained, but is now conditionally allowed, and has not obtained the required discretionary permit. 2. A use shall not be considered to have been "lawfully established and maintained" and is an illegal use if it was established or operated without required permits and licenses, including permits and licenses required by any Federal, State, or local government agency. C. Nonconforming Structure. Any structure that was lawfully erected, but that does not conform with the development standards for the coastal zoning district in which it is located by reason of adoption or amendment of this Implementation Plan or by reason of annexation of territory to the City, shall be deemed to be a legal nonconforming structure. A structure, or any portion of a structure, shall not be considered to have been "lawfully erected" and is illegal if it was constructed without required permits, or was constructed inconsistent with approved plans for a required permit, including permits required by any Federal, State, or local government agency. D. Responsibility of Owner. When a use or structure does not conform with the applicable use regulations or property development standards for the coastal zoning district in which it is located, it shall be the responsibility of the owner to provide evidence that the use or structure was lawfully established, erected, and maintained and is nonconforming by reason of adoption or amendment of this Implementation Plan or by reason of annexation of territory to the City. E. Illegal Use or Structure. A use or structure that was not lawfully established, erected, or maintained is contrary to the provisions of this Implementation Plan and the City may commence proceedings for the abatement and removal of the use or structure. 21.38.040 — Nonconforming Structures Nonconforming structures may be maintained, altered, or added on to only in compliance with the provisions of this section. A. Maintenance and Repairs. Routine maintenance and repairs may be made to nonconforming principal and accessory structures. B. Nonstructural Alterations. Changes to interior partitions or other nonstructural improvements may be made to nonconforming principal structures, but shall not be made to accessory structures. C. Structural Alterations. Structural elements, with the exception of foundations of nonconforming principal structures (see subsection (D) of this section), may be Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-2 modified, repaired, or replaced. Structural alteration of nonconforming accessory structures is not allowed. D. Foundation Alterations. Maintenance and repairs may be made to foundations of nonconforming principal structures. A foundation of a nonconforming principal structure may be modified, retrofitted, or replaced when necessary and in conjunction with additions allowed in compliance with subsection (G) of this section and Section 21.38.060 A. For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Implementation Plan, except as provided in subsection (F) of this section. Alterations to nonconforming accessory structures shall not be allowed. E. Seismic Retrofits. Alterations to nonconforming structures due to seismic retrofitting requirements are allowed in compliance with the California Existing Building Code. F. Reasonable Accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Federal and State fair housing laws shall be allowed. G. Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Implementation Plan subject to the following limitations and the limitations provided in Section 21.38.060 (Nonconforming Parking). Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure within any ten (10) year period; 2. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the coastal zoning district; 3. The addition shall comply with all applicable development standards and use regulations of this Implementation Plan; and 4. Additional parking shall be provided in compliance with Section 21.38.060 (Nonconforming Parking). H. Nonconformity with Coastal Resource Protection Regulations. If a structure is non -conforming due to a coastal resource protection development regulation of Section 21.28.040 (Bluff Overlay District), Section 21.28.050 (Canyon Overlay District), or Chapter 21.30B.050 (Development Standards) and proposed alterations or additions would result in more than fifty (50) percent of the exterior walls of a building to be demolished or replaced within any ten (10) year period, the Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-3 entire building shall be brought into conformity with all current development regulations and all applicable policies of the certified Local Coastal Program. Exceptions. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this section and may be demolished and reconstructed to their preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided. 2. Landmark Structures. Landmark structures shall be exempt from the requirements of this chapter in compliance with Section 21.38.070 (Landmark Structures). 21.38.050 — Nonconforming Uses Nonconforming uses may be changed, expanded, increased, or intensified only as provided in this section. A. Expansion and Intensification of Existing Nonconforming Uses. In nonresidential coastal zoning districts, and in areas where residential uses are not allowed in Planned Community Districts or specific plan districts, a use that was previously allowed by right, but which becomes nonconforming because of new permit regulations, may be expanded or intensified (e.g., increase in floor area, lot area, or occupancy load) subject to the approval of a coastal development permit. B. Change of Use. A nonconforming nonresidential use may be changed to a conforming use, provided the change does not create or increase a deficiency in required off-street parking except as provided in Section 21.38.060 (Nonconforming Parking). 2. A residential use that is nonconforming because it exceeds the allowed number of units for the coastal zoning district may be altered to reduce the number of dwelling units, provided the reduction complies with any floor area limit and affordable housing provisions are satisfied. C. Exception for Landmark Structures. The use of a landmark structure may be changed, expanded, increased, or intensified without obtaining a coastal development permit required by this section subject to compliance with the provisions of Section 21.38.070 (Landmark Structures). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-4 21.38.060 — Nonconforming Parking A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the off-street parking requirements of this Implementation Plan, only the following alterations may be allowed: Number of Spaces. A residential development having less than the required number of parking spaces per dwelling unit shall be allowed the following repairs, alterations, and additions: a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 21.38.040(A) through (F); and b. Additions up to a maximum of ten (10) percent of the existing floor area of the structure within a ten (10) year period as provided in Section 21.38.040(G). 2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming because they do not have the required type of covered or enclosed parking spaces or because amendments to this Implementation Plan have changed the dimensions of required parking spaces subsequent to the original construction of the structure may be altered or expanded as follows: a. All improvements and expansions allowed under subsection (A)(1) of this section; b. Additions larger than those allowed under subsection (A)(1) of this section may be allowed subject to the approval of a coastal development permit. B. Nonresidential. Where nonresidential structures and uses are nonconforming because they do not provide the required number of parking spaces the following provisions shall apply: Change of Use. A nonconforming use in a nonresidential coastal zoning district, and in areas where residential uses are not allowed in Planned Community Districts or specific plan districts, may be changed to a new use allowed in that coastal zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per two hundred fifty (250) square feet of gross building area. 2. Repair, Maintenance, and Alterations. Repair, maintenance, and alterations to nonconforming structures and uses shall be allowed as provided in Section 21.38.040(A) through (G). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-5 3. Addition to Structure or Intensification of Use. A nonconforming structure or use may be enlarged by up to ten (10) percent of its existing gross floor area, or a nonconforming use may be changed to a new use that requires additional parking under the following conditions: a. Required parking for the additional square footage is provided; or b. If the new use requires more parking than the nonconforming use, the new use shall only be required to provide additional parking equal to the difference between the two; or C. A reduction in the number of required parking spaces is approved in compliance with the provisions of this Implementation Plan. 4. Demolition of Structure. All rights with regard to nonconforming parking shall be lost for a structure that is voluntarily demolished, except as provided in Section 21.38.040(H) (Exceptions). 21.38.070 — Landmark Structures A. Purpose. The purpose of this section is to help preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming structures and uses and by maintaining the principal use and minimizing impacts on the surrounding area. B. Applicability. The following types of structures are recognized as having importance to the history and architecture of the City and are collectively designated as landmark structures: Landmark Theaters. The term "landmark theaters" shall mean a structure constructed for use as a cinema or theater that was constructed on or before December 12, 1950; has a single screen or stage; and was designed to seat more than three hundred (300) people. 2. Landmark Structure. The term "landmark structure" shall mean a structure listed on the National Register of Historic Places, constructed on or before December 12, 1950. C. Exemptions. Changes in use and structural alterations to a landmark structure shall be exempt from the requirements of this chapter in compliance with the following. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-6 Change of Use. a. The principal use of a landmark structure may be changed, modified, increased, or intensified without obtaining a coastal development permit subject to compliance with the conditions of subsection (D) of this section, and regardless of whether the use has been discontinued for a period of time. b. An accessory use may be initiated, increased, or intensified without obtaining a coastal development permit subject to compliance with the conditions of subsection (D) of this section. C. For purposes of this section, the term "principal use of a landmark theater" shall mean the display of motion pictures and similar entertainment uses that occurred on a regular basis within the structure from its inception to January 1, 2003. d. For the purposes of this section, the term "principal use of a landmark structure" shall be the use that occupied the greatest amount of floor area as of January 1, 2003. e. For purposes of this section, the term "accessory use" shall mean a use that is allowed in the coastal zoning district in which the landmark structure is located. 2. Alterations. Structural alterations may be made to a landmark structure without obtaining a coastal development permit subject to compliance with the conditions of subsection (D) of this section. D. Conditions. The exemptions specified in subsection (C) of this section are applicable on the following conditions: A new use that is initiated and a use that is intensified by way of a change in operational characteristics shall be an accessory use and remain subordinate to the principal use of the landmark structure; 2. The principal use of the landmark structure shall occupy at least seventy (70) percent of the gross floor area of the structure; 3. Any permit required by other titles of the Municipal Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure; 4. Accessory uses in any landmark theater shall be conducted only between the hours of 8:00 a.m. and 12:00 a.m.; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-7 r 5. The required off-street parking of all uses after any additions, intensification, modification, or expansion (including credit for reductions in off-street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off-street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion; and 6. The facade and exterior architectural features of the landmark structure are restored to substantially their original condition as determined by the Director and the exterior walls remain in substantially the same location as they existed on January 1, 2003. 21.38.080 — Repair of Damaged or Partially Destroyed Nonconformities A. Nonconforming Use. A nonconforming use occupying land, a conforming structure, or a portion of a conforming structure that is involuntarily damaged or destroyed may be reestablished; provided, that: Restoration work is commenced within twelve (12) months of the date of damage, unless otherwise allowed by the Director, and is diligently pursued to completion; and 2. An abatement period for the nonconforming use has not been established. B. Nonconforming Structure. Determination of Replacement Cost. The replacement cost of the structure shall be determined by the Building Official. However, the Building Official shall accept the appraised replacement cost of the structure as determined by an independent, licensed appraiser retained by the property owner. 2. Up to Seventy -Five (75) Percent Damage or Destruction. A nonconforming structure that is involuntarily damaged or destroyed may be repaired, restored, or rebuilt if the cost of the repair or restoration is less than seventy-five (75) percent of the replacement cost of the entire structure. The rights conferred by this section are contingent upon diligent application for a building permit after the damage occurs and diligent pursuit of repairs or rebuilding to completion. 3. Greater than Seventy -Five (75) Percent Damage or Destruction. If a nonconforming structure is involuntarily damaged or destroyed to an extent of more than seventy-five (75) percent of its replacement cost, the nonconformity may be restored to its original condition subject to the approval of a coastal development permit. An application for the coastal Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-8 development permit shall be made within twelve (12) months after the damage or destruction occurs. C. Aging and Deterioration. The provisions of this section shall not allow replacement of nonconforming conditions in structures damaged by ongoing natural processes (e.g., dry rot or termites) or that have deteriorated due to age and lack of maintenance. D. Condominium Units. When a coastal development permit is required for replacement or repair of condominium units that are involuntarily damaged or destroyed no reduction in the number of units shall be required. The replacement units shall be permitted to be equivalent in size and location to the units that were damaged or destroyed. E. Exceptions for Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this section and may be demolished and reconstructed to their preexisting height and floor area; provided, that not less than the preexisting number of parking spaces is provided. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.38-9 c�� QP Chapter 21.40 — Off -Street Parking Sections: 21.40.010 Purpose 21.40.020 Applicability 21.40.030 Requirements for Off -Street Parking 21.40.040 Off -Street Parking Spaces Required 21.40.045 Bicycle Parking for Non-residential Developments 21.40.050 Parking Requirements for Shopping Centers 21.40.060 Parking Requirements for Food Service Uses 21.40.070 Development Standards for Parking Areas 21.40.110 Adjustments to Off -Street Parking Requirements 21.40.120 Parking Management Districts 21.40.130 In -Lieu Parking Fee 21.40.145 Preferential Parking Zones 21.40.010 — Purpose The purpose of this chapter is to provide off-street parking and loading standards to: A. Provide for the general welfare and convenience of persons within the City by ensuring that sufficient parking facilities are available to meet the needs generated by specific uses and that adequate parking is provided, to the extent feasible; B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities; C. Increase public safety by reducing congestion on public streets and to minimize impacts to public street parking available for coastal access and recreation; D. Ensure access and maneuverability for emergency vehicles; E. Provide loading and delivery facilities in proportion to the needs of allowed uses; and F. Provide transportation and parking requirements for new development to protect, maintain, and enhance public access in the Coastal Zone. 21.40.020 — Applicability A. Off -Street Parking Required. Each use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 21.38 (Nonconforming Uses and Structures) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-1 structures shall not be occupied until improvements required by this chapter are satisfactorily completed. B. Change, Enlargement, or Intensification of Use. Changes in use and enlargement or intensification of an existing use shall require compliance with the off-street parking requirements of this chapter, except as allowed in Chapter 21.38 (Nonconforming Uses and Structures). 21.40.030 — Requirements for Off -Street Parking A. Parking Required To Be On -Site. Parking shall be located on the same lot or development site as the uses served, except for the following: Townhouses and Multi -Tenant Uses. Where parking is provided on another lot within the same development site, the parking shall be located within two hundred (200) feet of the units they are intended to serve. 2. Off -Site Parking Agreement. Parking may be located off-site with the approval of an off-site parking agreement. B. Permanent Availability Required. Each parking and loading space shall be permanently available and maintained for parking purposes for the use it is intended to serve. The Director may authorize the temporary use of parking or loading spaces for other than parking or loading in conjunction with a seasonal or intermittent use. C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other facilities shall be permanently maintained in good condition. D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is licensed to transact a vehicle sales business at that location. E. Calculation of Spaces Required. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole space. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of seating shall be considered to constitute a separate or individual seat. 3. Gross Floor Area. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 4. Net Public Area. "Net public area" shall be defined as the total area accessible to the public within an eating and/or drinking establishment, excluding kitchens, restrooms, offices pertaining to the use, and storage areas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-2 5. Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. 6. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the requirements prescribed for each use. F. Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to the lack of off-street parking or loading facilities required by this chapter shall be subject to the provisions of Section 21.38.060 (Nonconforming Parking). 21.40.040 Off -Street Parking Spaces Required. Off-street parking spaces shall be provided in compliance with Table 21.40-1. Where the off-street parking spaces required is established by a coastal development permit, the review authority shall require sufficient data, including a parking demand study, from the applicant in order to make this determination. These standards shall be considered the minimum required to preserve the public health, safety, and welfare, and more extensive parking provisions may be required by the review authority in particular circumstances. Unless otherwise noted parking requirements are calculated based on gross floor area. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-3 •Parking MX Spaces Required Assembly/Meeting Facils 1 per 3 seats or one per 35 sq. ft. -. for assemblypurposes' - - - -ation and Entertainment As required by coastal development .- 1permit . Cultural Institutio per #11 Schools,. Private As required by coastal development pe Accessory- . -covered Single -Unit Dwellings—Attached '2 per unit in a Saraga Single -Unit Dwell i Ing s—Detached and less than 4,000 sq. 'ft. 2 per unit in ca-,garaga of floor area 13 per unit in a garaga Single -Unit Dwellings—Balboa Island 2 per unit in a garage 12 per - -. plus guest .. Multi -Unit Dwellings -3 units 1-2 units, no guest parking required 13 units, 1 guest parking space - - units or moreunit . - parking 2 per unit; 1 in a garage and 1 Two -Unit Dwellings ,covered or in a garage 2 per unit in a garage, plus 2 for LiveMork Units guest/customer pa Senior- - ng—Afford able Senior.- .- 1110 \ \ •' • \\\� \\\• \•off .\ �F �\� \\� : \. \�\x \ \\ 10ONW E11011 st 10,000 sq. ft. -1 space per 300Over 10,000 sq. ft. -1 space per 500 Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-4 \\ �:\ ��.� �� \\•.:\\'• �` \\ `c\`, c ���•?.� .�....�\... .. e\`b� \ '.,e`s?acs:: c caa \ u;3` .\ \\�?\ \,, \ a\\\.. .,�\.a .\.�...\\,.\ ,,. :,... :.... �<.i,n.....�.\,�,. n ._ .r•:\,�\\\.,��.,.. ,.\..,a., tea\\\i.;. \ \\\....a.\. \ \\.. \.......,�..\.,......... \..a ................\, c. •\��\..:::.\\.\\\\\\\�\\�\\\\�\\`sab?gyp .e ,.. �\: �. ..d:��? \\a:y� •Parking �,. ••�:•. �•:, `: `e: EN as\�..:.\•:,mss ri��\ ,�\:`., ....i•\\ \. �\ \...\...\, \ . . �,,,...a\...\.., .,\. ..,. \... a��\,\.� \ .:, \. a . �\,�\\ _•\\ \\\\\\\\\ �\\\ Spaces• Plus 1 per • of outdoor merchandise Food andBeverageper • Boat Rentals and Sales Marine Retail Sales I • 1 • Shopping ME MEN, N \\\ \ \\\ \ i\\ 101 Convalescent55"AAMMM development permit Emergency per 1 • InstitutionsFinancial •RelatedServices per 1 • 1 per bed; plus 1 per resident doctor • per • • 0; ices business, Corporate, Governmental First 50,000 • per 1 •netfloor area Next 75,000 • per •netfloor area area above 125,001 sq. ft. 1 per 350 sq. ft. net floor area Not more than 20% medical office uses. Offices—MedicalFloor • Dentalper • Outpatient • - -0100:s per 250 sq. \\\c c ,\`�t�, \\:: "���'•', OR M WMI �\b\�"�.�......,., .. pe 1.5 occupants or • • by coastal development permit III m�ilillill�i • . Newport Beach LCP Implementation Plan - CC Draft 1 Page 21.40-5 Spaces Required AnimalParking ;Artists' Studios 1 per 1,000 Catering Services 1 per/ ,Care Uses Adult Day Care—Small (6 or fewer) cipaces reqj.,. __=8__T:1TM7WTT :2 per site for drop-off and pick-up Adult Day Care—Large (7 or more) purposes (in addition to the spaces required for the dwelling unit) Child Day Care—Small (6 or fewer) Spaces required for dwelling unit only; 2 per site for drop-off and pick-uA, Child Day Care—Large • to 14) purposes (in addition to the spaces required for the dwelling unit) 1 per 7 occupants based on Day Residentiallicense . 14) • . , :Eating and Drinking Establishments per each 3 seatsor 1per each 75 (open to public) sq. ft. of net public area, whichever is: 1 per each 4 persons based on Bars, Lounges, and Nightclubs allowed occupancy load or as required by coastal development permit gr Food Service with/without alcohol, with/without late interiorAccessory Inuxulng U11UUU1 u1nirly al Udb /-Z)-/o U1 the 1,000 hours •. ft., whichever is less. See Section 1 / • Newport Page 21.40-6 •;� \.\`:\;�:�c mac:-\`:�_� `��\`\\:::�`c o� �.."\ .�\ `,.i...�\ .t."•: \���\ �\ ��\w�' \`\\e. `�. �\.aaa....�..a...q �.. ,. a... �... �... \.��.\ \\..... Z. \\\�, a�.\�\\�.: i\.i<K.....?.\\�\\�`aaa .... aa�a. .�..\\�..., �a\.. \..aa\a ..... .:.\�J ♦ .. � a \ \ � i:.�:.. �.i. �.�,\a .\ a �.\\\\\..C`\\L .�\\\; \ \ \ :`�\A\\�\\��\c\� \ � \ \ �.aJ� . � a\� �. � \ � \\� �a, ��. \\.�.. .„ .�� aaa.��c:\\ \•.�\ �a ..\ \ �\\ �\\. •Parking �� \ \ ...` ..... �`. �����` ��. _.. .ca` `: `e ` �•�� , . �` �..\.\�\\\a. ... .\ ♦\\\\. .�\\\\\ a\a \� \\ ��\\�\\\\..\�\ .a \\\\\��...\..�a .a.\�\\ \�� \\u a�0 :.tea\\\\\\::::.\\\:. `i\• \\\.\ \\\\ �a a. \, a \\\�:•�<��a�\� \ ... \ .� \ a \\ .a\...., a \` Spaces Required per bedroom designated for family units 1 per 35 sq. ft. of assembly area Health/Fitness Facilities • ft. or per 250 sq. Large—Over • ft. 1 per 200 sq. Laboratories (medical, dental, and similar) Maintenance and Repair Services 7 1 per 500 sq. ft. Marine Services Boat Storage—Dry 0.33 per storage space or as required by coastal development permit iAs required by • . development permit 1 2 I•- •l•ock Aer eachpassengers • crew members Marine Service Stations As required bycoastal development permit Sport Fishing Charters 1 per passengers • crew members Water Transportation per •minimum 2 spaces !PersonalServices Massage Establishments 1 per 200 sq. ft. or as required by coastal development permit • •- iI on. Personal Services, General 1111156TETililiII Stu1it,(•ance, music, and per • ?'ostal Servicesper • Printing and Duplicating Services• • -7sell F.TelCollection Facility—La Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-7 . ME g Spaces Required Facility—Small As required by coastal developmentLTA -Wile permitCollection 1561 M E 1 per guest room or unit Recreational Vehicle permit As required by coastal development Time Shares permit ,, .. \ xm\im gm,01 FacilitiesCommunication .- ., . Heliports a. Helistops permit i 0.75 per slip r 0.75 per 25 feet o Marinas ...space 111WEIE", 11 , WN Vehicle/Equipment R- Office O per , . .- ,.. .-rental-. - - ..bicyclessimilar vehicles) Vehicle/Equipment Rentals and Sales 1 per 000 of lot area .- ., . per - cle the use and stored. - - - IN -..- - - Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-8 21.40.045 — Bicycle Parking for Non-residential Developments A. Applicability. The bicycle parking standards of this section shall be required for new non-residential developments with gross floor areas of ten thousand (10,000) square feet or more. B. Number Required. Five (5) percent of the number of off-street parking spaces required. C. Design Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure the bicycle with a user -provided cable and lock. The stationary object may be either a freestanding bicycle rack or a wall -mounted bracket. 21.40.050 — Parking Requirements for Shopping Centers A. An off-street parking space requirement of one space for each two hundred (200) square feet of gross floor area may be used for shopping centers meeting the following criteria: The gross floor area of the shopping center does not exceed 100,000 square feet; and 2. The gross floor area of all eating and drinking establishments does not exceed fifteen (15) percent of the gross floor area of the shopping center. B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the parking space requirement for the applicable use in compliance with Section 21.40.040 (Off -Street Parking Spaces Required). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-9 C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking establishments occupying more than fifteen (15) percent of the gross floor area of the center shall use a parking requirement equal to the sum of the requirements prescribed for each use in the shopping center. 21.40.060 — Parking Requirements for Food Service Uses A. Establishment of Parking Requirement. The applicable review authority shall establish the off-street parking requirement for food service uses within a range of one space for each thirty (30) to fifty (50) square feet of net public area based upon the following considerations: 1. Physical Design Characteristics. a. The gross floor area of the building or tenant space; b. The number of tables or seats and their arrangement; C. Other areas that should logically be excluded from the determination of net public area; d. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas; e. Availability of guest dock space for boats; and f. Extent of outdoor dining. 2. Operational Characteristics. a. The amount of floor area devoted to live entertainment or dancing; b. The amount of floor area devoted to the sale of alcoholic beverages; C. The presence of pool tables, big screen televisions or other attractions; d. The hours of operation; and e. The expected turnover rate. 3. Location of the Establishment. a. In relation to other uses and the waterfront; b. Availability of off-site parking nearby; C. Amount of walk-in trade; and d. Parking problems in the area at times of peak demand. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-10 B. Conditions of Approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above. 21.40.070 — Development Standards for Parking Areas Parking areas shall be developed in compliance with the following requirements. A. Parking Space Standards. Parking spaces shall be designed to provide have adequate dimensions, clearances, and access to insure their use. B. Alley Access. Development on lots or parcels with alley access shall be designed such that access to on-site parking spaces is accessed by the abutting alley. Exceptions. The reviewing authority may grant an exception on lots: a. Where the width of the abutting alley is not sufficient to provide maneuvering space for access; or b. Where the provision of access by abutting streets would not result in the loss of on -street parking spaces. C. Driveways. Project and subdivision designs shall minimize the number of curb cuts for driveways. Existing curb cuts shall be closed to create public on -street parking wherever feasible. D. Parking Configuration/Management. Parking configurations and/or parking management programs that are difficult to maintain and enforce shall not be permitted. 21.40.110 — Adjustments to Off -Street Parking Requirements The number of parking spaces required by this chapter may be reduced only in compliance with the following standards and procedures. A. Reduction of Required Off -Street Parking. Off-street parking requirements may be reduced as follows: Reduced Parking Demand. Required off-street parking may be reduced in compliance with the following conditions: a. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed-use development); and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-11 b. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). 2. Joint Use of Parking Facilities. Required off-street parking may be reduced where two or more nonresidential uses on the same site or immediately adjacent sites have distinct and differing peak parking demands (e.g., a theater and a bank). The review authority may grant a joint use of parking spaces between the uses that results in a reduction in the total number of required parking spaces. C. Parking Management Plan. When a parking management plan to mitigate impacts associated with a reduction in the number of required parking spaces is required by this chapter, the parking management plan may include, but is not limited to, the following when required by the review authority: Restricting land uses to those that have hours or days of operation so that the same parking spaces can be used by two or more uses without conflict; 2. Restricting land uses with high parking demand characteristics; 3. Securing off-site parking; 4. Providing parking attendants and valet parking; and 5. Other appropriate mitigation measures. D. Required Data. In reaching a decision to allow a reduction of required parking spaces, the review authority shall consider data submitted by the applicant or collected/prepared at the applicant's expense. E. Impact to Coastal Access Prohibited. No application for a reduction in the number of off-street parking requirements shall be approved that impacts public parking available for coastal access. 21.40.120 — Parking Management Districts Properties within a parking management district may be exempted from all or part of the off-street parking requirements of this chapter in compliance with the provisions of the adopted parking management district plan. 21.40.130 — In -Lieu Parking Fee The number of parking spaces required by Section 21.40.040 (Off -Street Parking Spaces Required) may be reduced if the review authority authorizes the use of an in -lieu fee to be paid by the applicant towards the development of public parking facilities. The in -lieu fee shall be paid to the Citywide Parking Improvement Trust Fund. The amount of the fee and time of payment shall be established by Council resolution. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-12 21.40.145 — Preferential Parking Zones A. Establishment. The City Council may designate, by ordinance, certain residential streets or alleys or any portions thereof, as preferential parking zones for the benefit of residents adjacent thereto, in which zone vehicles displaying a permit or other authorized indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. B. Coastal Development Permit Required. A coastal development permit approved by the City Council shall be required to establish a new or modify an existing preferential parking zone in the Coastal Zone. C. Establishment of Preferential Parking Zones. Each preferential parking zone shall be designated only upon the City Council finding: That such zone is required to enhance or protect the quality of life in the area of the proposed zone threatened by noise, traffic hazards, environmental pollution or devaluation of real property resulting from long-term nonresidents parking, that such zone is necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents; and 2. That the proposed zone is desirable to alleviate traffic congestion, illegal parking and related health and safety problems; and 3. That the establishment of the preferential parking zone will not have a direct impact to coastal access. D. Criteria for Determination of Findings. The findings referred to in Subsection (C) shall be based upon the following criteria, supported by substantial evidence in the record and established to the satisfaction of the City Council: The parking in the area by nonresidents does substantially and regularly interfere with the use of the majority of the available public street or alley parking spaces by adjacent residents; 2. That the interference by the nonresidents parking referred to above occurs at regular and significant daily or weekly intervals; 3. That nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in the area of the proposed zone; 4. That the majority of households and property owners adjacent to the proposed zone desire, agree to or request preferential parking privileges; 5. That no unreasonable displacement of nonresident vehicles will occur in surrounding residential areas; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-13 6. That public rights of access to, and along the shoreline and coastal blufftops are not directly impacted, including impacts to the use and capacity of public parking; 7. That consideration was given to the availability of, and opportunities for, alternative modes of transportation; 8. That a shortage of reasonably available and convenient residentially related parking spaces exists in the area of the proposed zone; and 9. That no alternative solution is feasible or practical. E. Periodic Review. Coastal development permits establishing preferential parking zones shall be periodically reviewed and, if necessary, modified, to insure that the criteria used to establish the preferential parking zone reflect current conditions. F. Parking Permits. 1. Number. A maximum of four (4) annual permits for preferential parking may be issued for each qualified dwelling unit to any qualified applicant. 2. Fees. Permit fees shall be established by resolution of the City Council and shall be progressive for dwelling units with multiple permits. 3. Use of Funds. Permit fees collected for preferential parking in the Coastal Zone shall be deposited into a special fund to be used to fund programs to mitigate impacts to coastal access and parking facilities. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.40-14 Chapter 21.44 — Transportation and Circulation Sections: 21.44.010 Purpose 21.44.020 Site Design 21.44.035 Transportation Demand Management 21.44.045 Vacations and Abandonments 21.44.055 Temporary Street Closures 21.44. 010 — Purpose The purposes of this chapter are to promote alternative transportation and to protect public access infrastructure within the Coastal Zone. 21.44.025 — Alternative Transportation A. Site Design. New development shall incorporate the following alternative transportation design and site characteristics, where feasible: Employment, retail, and entertainment districts and coastal recreational areas should be well served by public transit and easily accessible to pedestrians and bicyclists. 2. Streets, sidewalks, bicycle paths, and recreational trails (including the Coastal Trail) should be designed and regulated to encourage walking, bicycling, and transit ridership. 3. Provide connections to existing and proposed bikeways and trail systems. B. Public Water Transportation. Pedestrian access and waiting areas shall be provided on waterfront sites where public water transportation exists or is anticipated to exist within five (5) years. 21.44.035 —Transportation Demand Management A. Applicability. The requirements of this section shall apply to all new nonresidential projects, nonresidential portions of mixed-use projects, and employment centers that are estimated to employ two hundred fifty (250) or more persons. B. Transportation Demand Management Program. Applicants for projects covered by this section shall prepare a transportation demand management program applicable to the proposed project that will: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.44-1 Reduce the number of peak -period vehicle trips generated in association with the proposed project; 2. Promote and encourage the use of alternative transportation modes (e.g., ridesharing, carpools, vanpools, public transit, bicycles and walking); and 3. Provide those facilities that support alternate transportation modes. B. Site Development Requirements. Projects subject to the requirements of this chapter shall be subject to the following site development requirements. Required improvements shall be reviewed and approved by the review authority concurrent with other project approvals. 1. Carpool Parking. A parking space shall be reserved and designated for each identified carpool vehicle. Carpool spaces shall only be used by carpool vehicles and shall be located near the employee entrance or at other preferential locations, as approved by the City Traffic Engineer. 2. Bicycle Racks/Lockers. Bicycle lockers or bicycle racks, as determined by the review authority, shall be provided for use by employees or tenants. Lockers may be located in a required parking space. 3. Lockers and Showers. Showers and lockers shall be required by the review authority based on the total number of anticipated employees. 4. Information on Transportation Alternatives. A commuter information area shall be provided in one or more central areas that are accessible to all employees or tenants. Information shall include, but not be limited to, current maps, routes and schedules for public transit; ridesharing match lists; available commuter incentives and ridesharing promotional material supplied by commuter -oriented organizations. 5. Rideshare Vehicle Loading Area. A rideshare vehicle loading area shall be designated at a location approved by the City Traffic Engineer based on the total number of anticipated employees. 6. Vanpool Accessibility. Vanpool spaces shall be reserved and designated for each identified vanpool in compliance with the approved plan. The spaces shall be located near the employee entrance or other preferential location as approved by the City Traffic Engineer. 7. Bus Stop Improvements. Bus stop improvements, including bus pullouts, bus pads, and right-of-way for bus benches and shelters shall be required for developments located along arterials where public transit exists or is anticipated to exist within five years. Improvements shall be developed in consideration of the level of transit ridership and the impact of stopped buses on other traffic. 8. Sidewalks. Sidewalks or other paved pathways connecting the external pedestrian circulation system to each building in the development shall be provided. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.44-2 C. Equivalent Facilities or Measures. The project applicant shall have the option of deleting or modifying any or all of the site development requirements if equivalent facilities or measures are provided. The applicant shall demonstrate the equivalency of the proposed measures to the satisfaction of the applicable review authority. 21.44.045 — Vacations and Abandonments A. Authority. The City Council shall have the authority to approve, conditionally approve, or disapprove applications to vacate public rights of way and to abandon public service easements. B. Coastal Development Permit Required. The following types of vacations and abandonments in the Coastal Zone shall require a coastal development permit: Conversion to Private Streets. The conversion of public streets to private streets is only allowed where such a conversion would not inhibit public access to and along the shoreline and to beaches, coastal parks, trails, or coastal bluffs. 2. Public Street Ends. No public street end identified as providing public access by the Coastal Land Use Plan shall be vacated unless in association with an approved coastal development permit for project which incorporates within its design a provision for equal or superior coastal access for the public. 3. Coastal Access Easements. No coastal access easement shall be abandoned unless determined by the City Council that the abandonment is consistent with the policies of the Coastal Land Use Plan. C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or abandonment pursuant to Streets and Highways Code Sections 8300 8363. D. Water -front Property. Pursuant to Section 1402 of the City Charter, no public water -front or beach property shall be sold or conveyed other than to the State or to the County for use as a public beach or park. 21.44.055 — Temporary Street Closures A. General. Temporary closing of portions of any street for celebrations, parades, local special events, and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the Vehicle Code. B. West Newport. Temporarily close certain streets in West Newport for a period of no more than twenty-four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of the Police Chief or his designee, the closure is necessary to protect the public safety. In no event shall any street closure prevent or interfere with the public's access to the beach or bay. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.44-3 Chapter 21.48 — Standards for Specific Land Uses Sections: 21.48.010 21.48.025 21.48.035 21.48.045 21.48.055 21.48.085 21.48.095 21.48.105 21.48.010 — Purpose Purpose Visitor Accommodations Newport Harbor Industrial Uses Public Beaches Public Trust Lands Special Events Limited Duration Uses and Structures This chapter provides additional site planning, development, and operational standards for a variety of specified land uses. 21.48.025 — Visitor Accommodations A. Applicability. The provisions of this section shall apply to applications involving the development of new visitor accommodations or the demolition, conversion, closure, or cessation of existing visitor accommodations. B. Considerations. The review authority shall: 1. The development's ability to protect, encourage, or provide low-cost visitor -serving and recreational facilities on the project site or in the immediately adjacent area; and 2. The development's impact to, and ability to provide, public recreational opportunities; 3. The feasibility to rehabilitate existing low cost accommodations to meet a minimum acceptable level of comfort and hospitality while maintaining the ability to provide low cost visitor accommodations; and 4. The range of room types and room rates Citywide. C. Protection of Existing Low Cost Visitor Accommodations. 1. Low, Moderate, and High Cost Visitor Accommodations Defined. For purposes of this subsection, visitor accommodations shall be defined as low, moderate, or high cost as follows: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-1.1 Low Cost — The average daily room rate of all hotels and motels in the City that have room rates that are below the statewide average daily room rate or lower. Moderate Cost — The average daily room rate is between low cost and high cost. High Cost — The average daily room rate is 120 percent of the statewide average daily room rate or greater. 2. Impact Analysis Required. An analysis a development's impact on low cost visitor accommodations shall be required for any application involving the demolition, conversion, closure, or cessation of existing low cost visitor accommodations, with the exception of short-term lodging. The impact analysis shall be prepared at the applicant's expense. 3. Impact Defined. The proposed development would directly result in the demolition, conversion, closure, or cessation of existing low cost visitor accommodations, with the exception of short-term lodging. 4. Mitigation. If the review authority determines that the development will impact low cost visitor -serving accommodations, replacement of low cost rooms lost shall be provided at a one-to-one ratio either on-site or a suitable off-site location within the City, or payment of an in -lieu fee commensurate with the impact shall be required. The review authority may authorize deviations from development standards that provide economic incentives to the development to maintain affordability. 5. Rate Control and Income Eligibility Requirements Prohibited. In no event shall a development as mitigation be required: a. To provide overnight room rental be fixed at an amount certain; or To establish 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. 6. Protection of Short-term Lodging. Most short-term lodging units meet the low cost definition when maximum occupancy is taken into account. Short-term lodgings can accommodate more people than a typical hotel room. They also provide full-sized, equipped kitchens allowing families or larger groups to reduce the overall cost of a visit by allowing them to prepare meals as an alternative to dining out. The City shall continue permit short-term lodgings as a means of providing lower-cost overnight visitor accommodations while continuing to prevent conditions leading to increase demand for City services and adverse impacts in residential areas and coastal resources. D. Conversion to LUOVA Prohibited. The conversion of any hotel or motel unit for which a certificate of occupancy has been issued on or before July 14, 2009, to a limited -use overnight visitor accommodations (LUOVA) shall be prohibited, except as provided in subsection (1) of this subsection. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-2.1 Exceptions to Conversion Prohibitions. A LUOVA project shall be permitted on the hotel resort property located at 1107 Jamboree Road, such to the following requirements: a. LUOVA units shall be provided together with traditional overnight, hotel visitor accommodations; b. A minimum of three hundred and ninety-one (391) traditional hotel units shall remain available for transient overnight use by the general public year round and no more than eighty-eight (88) of the total four hundred and seventy-nine (479) units planned may be LUOVA units; and C. Owner use of LUOVA units shall not exceed a maximum of ninety (90) days per calendar year with a maximum of twenty-nine (29) days of use during any sixty (60) day period; and LUOVA units shall be maintained by the management of the hotel facility and shall be remain available for transient overnight use by the general public when not occupied by the owner. E. Tsunami Information and Evacuation Plans. Visitor -serving accommodations in areas identified as susceptible to tsunami inundation shall be required to provide guests with information on tsunami information and evacuation plans. 21.48.035 — Newport Harbor A. Priority of Uses. Priority shall be given to coastal -dependent uses over other uses on or near the shoreline. When appropriate, coastal -related developments shall be accommodated within reasonable proximity to the coastal -dependent uses they support. B. Development Standards. Where applicable, development in Newport Harbor shall: Protect, and where feasible, expand and enhance vessel -launching facilities in Newport Harbor; 2. Protect, and where feasible, expand and enhance low-cost public launching facilities, such as trailer launch ramps, boat hoists, commercial landing facilities, and organized recreational boating launch facilities; 3. Provide a variety of berthing opportunities reflecting State and regional demand for slip size and affordability throughout Newport Harbor; 4. Protect, and where feasible, enhance and expand marinas and dry boat storage facilities; 5. Protect shore moorings and offshore moorings as an important source of low-cost public access to the water and harbor; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-3.1 6. Protect, and where feasible, enhance and expand dinghy docks, guest docks at public facilities, yacht clubs and at privately owned marinas, restaurants and other appropriate locations; 7. Protect, and where feasible, expand and enhance facilities and services for visiting vessels, including public mooring and docking facilities, dinghy docks, guest docks, club guest docks, pump -out stations and other features through City, County, and private means; 8. Protect, and where feasible, expand and enhance facilities necessary to support vessels berthed or moored in the harbor, such as boat haul -out facilities; 9. Protect, and where feasible, expand and enhance existing harbor support uses serving the needs of existing waterfront uses, recreational boaters, the boating community and visiting vessels; 10. Support private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that are not provided by the public sector and that are essential to the operation of a harbor; 11. Provide, expand and enhance, where feasible, existing recurring and year-round harbor special permits and special purpose uses such as boat shows and boating festivals, boat sales displays and delivery/commissioning facilities. 21.48.045 — Industrial Uses This section provides standards for industrial uses. A. Priority shall be given to coastal -dependent and coastal -related industrial uses over other industrial uses in I districts on or near the shoreline. Coastal -dependent industrial facilities shall be encouraged to locate or expand within existing sites and allowed reasonable long-term growth. B. New hazardous industrial development shall be located away from existing developed areas, where feasible. 21.48.055 — Public Beaches A. General. Public beaches shall be protected as a means of providing free and lower-cost recreational opportunities. B. Uses. Land uses and development on public beaches shall be limited to public safety facilities, restroom facilities, showers, bikeways, walkways, public recreation facilities, and similar public facilities. C. Parking. Public parking shall be permitted provided there are no significant adverse impacts to public beaches or the public's right of access to the bay and ocean. D. Dory Fleet. The historic Dory Fishing Fleet shall be permitted to be launched and stored and to sell fish on the public beach adjacent to Newport Pier. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-4.1 E. Use of Beaches at Night. Since 1947, the City of Newport has regulated the use of the public beaches at night for the preservation of public health, peace, and safety. Use of any public bay, beach, or ocean front shall be consistent with the Newport Beach Municipal Code. 21.48.085 — Public Trust Lands A. Applicability. Public Trust Lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the Public Trust at any time. B. Limits on Uses. Public Trust Lands are subject to the Common Law Public Trust, which limits uses to navigation, fishing, commerce, public access, water -oriented recreation, open space and environmental protection. C. Exceptions. State legislation has modified public trust restrictions for the historic tidelands in Beacon Bay, the Balboa Bay Club, and Harbor Island. Beacon Bay. The Beacon Bay Bill (Chapter 74, Statutes of 1978) and Senate Bill 573 (Chapter 317, Statutes of 1997) allow the residential lots of Beacon Bay located within State tidelands to be leased for residential purposes until June 27, 2043. Balboa Bay Resort. The Beacon Bay Bill (Chapter 74 of the Statutes of 1978) and Assembly Bill 3139 (Chapter 728, Statutes of 1994) allow Parcel D of the Balboa Bay Resort to be leased for residential purposes until December 31, 2044. 3. Harbor Island. Chapter 715, Statutes of 1984 allow the filled or reclaimed land on Harbor Island to be leased for non -permanent recreational and landscaping purposes. D. Leases. The following restrictions shall apply to leases of public trust lands: Use of Leases. In the event public trust lands are used for commercial purposes by an entity other than the City, the City shall use leases to implement the provisions of this Article. The City shall transition any public trust lands currently on annual permits to leases unless the City makes findings that a permit is more appropriate than a lease. 2. Land Use. Land uses shall be consistent with the public trust land use restrictions. Priority shall be given to the provision of coastal -dependent uses. Public Access. Public access shall be provided in a manner consistent with Chapter 21.30A (Public Access and Recreation). 4. Revenue. Rental rates in the leases under this section shall be based upon the fair market value, as determined by an authorized appraiser, survey, or other appropriate valuation method, of the uses authorized in the lease or permit and as established by City Council. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-5.1 21.48.095 — Special Events A. Purpose. To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. B. Applicability. This section shall apply activities of a duration that does not exceed a two (2) week period on a continual basis, or does not exceed a consecutive four (4) month period on an intermittent basis. C. Coastal Development Permit Required. A coastal development permit shall be required for any special event meeting the following criteria: Involves an activity or use that constitutes development as defined in Section 30106 of the Coastal Act; and 2. Involves exclusive use of a sandy beach, parkland, filled tidelands, water, streets or parking area which is otherwise open and available to the general public for public recreation, beach access or access to coastal waters; and 3. Occurs on and between Memorial Day weekend and Labor Day and will be more than one day in duration, including set-up and take-down; or 4. Occupies any portion of a public sandy beach, unless the location is remote with minimal demand for public use; or 5. There is the potential for adverse effect of sensitive coastal resources; or 6. A fee will be charged for general public admission and/or seating where no fee is currently charged for use or event of the same area (not including booth or entry fees); unless, if a fee is charged, it is for preferred seating only and more than seventy-five (75) percent of the provided seating capacity is available free of charge for general public use; or 7. Involves permanent structures or structures that involve grading or landform alteration for installation. D. Imposition of Conditions. Conditions may be imposed when necessary to minimize impacts to public access, recreation and coastal resources. 21.48.105 — Limited Duration Uses and Structures A. Purpose. The purpose of this section is to consider applicant requests for uses of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses when conducted in compliance with this section. B. Applicability. This section allows limited duration uses that might not meet the development or use standards of the applicable coastal zoning district, but may otherwise be acceptable because of their temporary or limited nature. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-6.1 C. Coastal Development Permits. A coastal development permit shall not be required for a limited duration use or structure conducted in compliance with this section. D. Exempt Limited Duration Uses. The following limited duration uses are exempt from the provisions of this section. Uses that do not fall within the categories defined below shall comply with subsection (E) of this section (Allowed Limited Duration Uses). Construction Yards—On Site. a. On-site contractors' construction yard(s), including temporary storage and office trailers, in conjunction with an approved construction project on the same lot. b. One adult caretaker may be present during nonconstruction hours for security purposes. C. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit. 2. Emergency Facilities. Emergency public health and safety needs/land use activities. 3. Personal Property (e.g., Garage and/or Yard) Sales on Private Property. Personal property sales conducted on private property. 4. Special Events. Special events pursuant to Section 21.48.095. E. Allowed Limited Duration Uses. The following limited duration uses are allowed, subject to the approval of the Zoning Administrator. Contractors' Construction Yards—Off Site. Off-site contractors' construction yard(s), in conjunction with an approved construction project. The use may be allowed for up to twelve (12) months, or the expiration of the building permit. 2. Off -Site Parking for Marine Activities. Off-site parking for marine activities uses for not more than twelve (12) months. 3. Seasonal Sales. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th for Christmas tree sales. 4. Limited Duration Sales and/or Work Trailers. A trailer or mobile home may be used for limited duration sales activities (e.g., model home sales, etc.) or as a limited duration work site for employees of a business. a. A trailer or mobile home may be used: During construction or remodeling of a permanent commercial, industrial, and mixed-use structure, when a valid building permit is in force; or Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-7.1 ii. Upon demonstration by the applicant that the limited duration work site is a necessity, while a permanent work site is being obtained. b. A limited duration trailer(s) may be allowed for up to twelve (12) months and may be extended for a longer period in conjunction with a valid building permit. 5. Limited Duration Structures. A limited duration classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use coastal zoning districts. 6. Limited Duration Use of a Vacant Lot. The limited duration use of a vacant lot with nonpermanent structural improvements, for a use typically allowed within the coastal zoning district, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use coastal zoning districts. 7. Other Similar Limited Duration Uses. Similar limited duration uses that, in the opinion of the Director, are compatible with the subject coastal zoning district and surrounding uses. 8. Telecommunications Facilities. A temporary telecommunications facility may be approved consistent with Chapter 21.49 for up to twelve (12) months. F. Review Authority. 1. Limited duration uses may be approved, conditionally approved, or denied by the Zoning Administrator, in compliance with this section. 2. The Zoning Administrator may instead refer the application for a limited duration use to the Commission for consideration and final action when, in the Zoning Administrator's judgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request. G. Findings and Decision. The Zoning Administrator (or the Commission on a referral or appeal) may approve or conditionally approve a limited duration use, only after first finding all of the following: 1. The limited duration use or structure will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the use or structure; 2. There will be no direct or indirect impacts from the limited duration use or structure and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in this Implementation Plan. H. Conditions of Approval. In approving a limited duration use, the review authority may impose conditions that are deemed necessary to ensure that the use would be in full compliance with the findings required by subsection (G) of this section (Findings and Decision). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-8.1 Fixed Period of Time. Unless otherwise stated, a provision for a fixed period of time not to exceed thirty (30) days for a limited duration use not occupying a structure, including promotional activities, or twelve (12) months for all other limited duration uses or structures, or for a shorter period of time as requested by the applicant and determined appropriate by the Zoning Administrator; Extension. The Zoning Administrator may extend the time limit for the limited duration use, upon request of the applicant and for good cause shown, up to a maximum time equal to the original approval, but not to exceed twelve (12) additional months, with a maximum of twenty-four (24) months total. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.48-9.1 Chanter 21.49 — Wireless Telecommunications Facilities Sections: 21.49.010 Purpose 21.49.020 Effect of Chapter 21.49.030 Definitions 21.49.040 Telecom Facility Preferences and Prohibited Locations 21.49.050 General Development and Design Standards 21.49.090 Modification and Collocation of Existing Telecom Facilities 21.49.120 Removal of Telecom Facilities 21.49.010 —Purpose A. The purpose of this chapter is to provide for the installation, modification, operation and maintenance of wireless telecommunication facilities ("telecom facilities") on public and private property consistent with State and Federal law while ensuring public safety, minimizing the visual effects of telecom facilities on public streetscapes, protecting public views, and otherwise avoiding and mitigating the visual impacts of telecom facilities on the community. B. Telecom facilities shall utilize the least obtrusive available technology in order to reduce or minimize the number of telecom facilities in the City and minimize their visual impact on the community. C. The provisions of this chapter are not intended and shall not be interpreted to prohibit or to have the effect of prohibiting telecommunication services. This chapter shall be applied to providers, operators, and maintainers of telecommunication services regardless of whether authorized by or subject to State or Federal regulations. This chapter shall not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent telecommunication services. 21.49.020 — Effect of Chapter A. Regulatory Scope. These regulations are applicable to all telecom facilities as defined herein and that provide wireless voice and/or data transmission such as, but not limited to, cell phone, Internet, and radio relay stations. B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation or modification of any telecom facility in the City, the applicant shall obtain a coastal development permit. C. Exempt Facilities. The following types of telecom facilities are exempt from the provisions of this chapter: 1. Amateur radio antennas and receiving satellite dish antennas, and citizen band radio antennas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-1 2. Dish and other antennas subject to the FCC Over -the -Air Reception Devices ("OTARD") rule, 47 C.F.R. Section 1.4000 that are designed and used to receive video programming signals from (a) direct broadcast satellite services, or (b) television broadcast stations, or (c) for wireless cable service. 3. During an emergency, the City Manager, Director of Emergency Services or Assistant Director of Emergency Services shall have the authority to approve the placement of a telecom facility in any district on a temporary basis not exceeding ninety (90) calendar days from the date of authorization. Such authorization may be extended by the City on a showing of good cause. 4. Facilities exempt from some or all of the provisions of this chapter by operation of State or Federal law to the extent so determined by the City. 5. Systems installed or operated at the direction of the City or its contractor. 6. Systems installed entirely within buildings for the sole purpose of providing wireless telecommunications or data transmission services to building occupants. D. Other Regulations. Notwithstanding the provisions of this chapter, all telecom facilities within the City shall comply with the following requirements: 1. Rules, regulations, policies, or conditions in any permit, license, or agreement issued by any local, State or Federal agency which has jurisdiction over the telecom facility. 2. Rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). E. Regulations Not in Conflict or Preempted. All telecom facilities within the City shall comply with the following requirements unless in conflict with or preempted by the provisions of this chapter: 1. All applicable City design guidelines and standards. 2. Requirements established by any other provision of this Implementation Plan and by any other ordinance and regulation of the City. F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the time the facility was approved, and any regulations pertaining to legal, nonconforming uses or structures that may be applicable pursuant to provisions of this Implementation Plan or Federal and State laws as they may be amended or enacted, in the future. 21.49.030 Definitions. For the purposes of this chapter, the following definitions shall apply: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-2 A. Antenna. "Antenna" means a device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite -based systems, such as reflecting discs, panels, microwave dishes, whip antennas, antennas, arrays, or other similar devices. B. Antenna Array. "Antenna array" means antennas having transmission and/or reception elements extending in more than one direction, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support structure, all of which elements are deemed to be part of the antenna. C. Base Station. "Base station" means the electronic equipment and appurtenant support equipment at a telecom facility installed and operated by the telecom operator that together perform the initial signal transmission and signal control functions. A base station does not include the antennas, antenna support structure, or any portion of distributed antenna system (DAS). D. Collocation. "Collocation" means an arrangement whereby multiple telecom facilities are installed on the same building or structure. E. Distributed Antenna System, DAS. "Distributed antenna system (DAS)" means a network of one or more antennas and fiber optic nodes typically mounted to streetlight poles, or utility structures, which provide access and signal transfer services to one or more third -party wireless service providers. DAS also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with third -party wireless service providers to provide the signal transfer services. F. Facility Classes. Classes of telecom facilities and the attendant support equipment are categorized into the following classes: 1. Class 1 (Stealth/Screened): a facility with antennas mounted on an existing or proposed nonresidential building or other structure not primarily intended to be an antenna support structure where antennas and support equipment, including the base station, are fully screened so that they are not visible to the general public. 2. Class 2 (Visible Antennas): a facility with antennas mounted on an existing nonresidential building, structure, pole, light standard, utility tower, wireless tower and/or lattice tower. 3. Class 3 (Public Right -of -Way Installations): a facility with antennas installed on a structure located in the public right-of-way. 4. Class 4 (Freestanding Structure): a facility with antennas mounted on a new freestanding structure constructed for the sole or primary purpose of supporting the telecom facility. 5. Class 5 (Temporary): a facility including associated support equipment that is installed at a site on a temporary basis pursuant to a limited term permit. A Class 5 installation may also be installed in connection with a special event upon the approval of a special events permit pursuant to Chapter 11.03 with or without a limited term permit. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-3 G. FCC. "FCC" means the Federal Communications Commission, or the Federal regulatory i agency charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. H. Feasible or Feasibly. "Feasible" or "feasibly" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal and technological factors. I. Lattice Tower. "Lattice tower' means a freestanding open framework structure used to support antennas, typically with three or four support legs of open metal crossbeams or crossbars. J. Monopole. "Monopole" means a single free-standing pole or pole -based structure solely used to act as or support a telecom antenna or antenna arrays. K. Operator or Telecom Operator. "Operator" or "telecom operator" means any person, firm, corporation, company, or other entity that directly or indirectly owns, leases, runs, manages, or otherwise controls a telecom facility or facilities within the City. The definition of operator or telecom operator does not include a property owner(s) that leases property to an operator for a telecom facility. L. Public Right -of -Way. "Public right-of-way" ("PROW') means the improved or unimproved surface of any public street, or similar public way of any nature, dedicated or improved for vehicular, bicycle, and/or pedestrian related use. PROW includes public streets, roads, lanes, alleys, sidewalks, medians, parkways and landscaped lots. The PROW does not include private streets. M. Stealth or Stealth Facility. "Stealth" or "stealth facility" means a telecom facility in which the antenna, and the support equipment, are completely hidden from view such as in a monument, cupola, pole -based structure, or other concealing structure which either mimics, or which also serves as, a natural or architectural feature. Concealing structures which are obviously not such a natural or architectural feature to the average reasonable observer do not qualify within this definition. For example, an artificial tree may not be considered to be a stealth facility. N. Support Equipment. "Support equipment" means the physical, electrical and/or electronic equipment included within a telecom facility used to house, power, and/or contribute to the processing of signals from or to the facility's antenna or antennas, including but not limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals, and electric service meters. Support equipment does not include DAS, antennas or the building or structure to which the antennas or other equipment are attached. O. Telecommunications) Facility, Telecom Facility, Telecom Facilities, Wireless Telecommunications Facility, or Facility. "Telecommunication(s) facility," "telecom facility," "telecom facilities," "wireless telecommunications facility," or simply "facility" or "facilities" means an installation that sends and/or receives wireless radio frequency signals or electromagnetic waves, including but not limited to directional, omni -directional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, supporting equipment and structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-4 P. Utility Pole. "Utility pole" means a single freestanding pole used to support services provided by a public or private utility provider. Q. Utility Tower. "Utility tower" shall mean an open framework structure (see lattice tower) or steel pole used to support electric transmission facilities. R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to California Public Utility Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing street light standard which is replaced with a new street light standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard. 21.49.040 —Telecom Facility Preferences and Prohibited Locations A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or individual telecom facilities in the City, the following list establishes the order of preference of facilities, from the most preferred (1) to least preferred (4). 1. Collocation of a new facility at an existing facility. 2. Class 1. 3. Class 2 and Class 3. 4. Class 4. B. Prohibited Locations. Telecom facilities are prohibited in the following locations: On properties zoned for single -unit or two -unit residential development including equivalent designations within a planned community district or specific plan districts except if located on common area lots developed with community facilities, landscape lots, or private streets. 2. On properties zoned for multi -unit residential development and mixed-use development including equivalent planned community district or specific plan districts where the maximum allowable number of dwelling units is four units. 3. In the Open Space (OS) Coastal Zoning District, unless telecom facilities are collocated on an existing utility tower within a utility easement area, or collocated on an existing facility. 4. On traffic control standards (traffic signal poles). 21.49.050 — General Development and Design Standards A. General Criteria. All telecom facilities shall employ design techniques to minimize visual impacts and provide appropriate screening to result in the least visually intrusive means of Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-5 providing the service. Such techniques shall be employed to make the installation, appearance and operations of the facility as visually inconspicuous as practicable. To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the facility by means of location, placement, height, screening, landscaping, and shall be compatible with existing architectural elements, building materials, other building characteristics, and the surrounding area. In addition to the other design standards of this section, the following criteria shall be considered by the review authority in connection with its processing of any coastal development permit for a telecom facility: 1. Blending. The extent to which the proposed telecom facility blends into the surrounding environment or is architecturally compatible and integrated into the structure. 2. Screening. The extent to which the proposed telecom facility is concealed or screened by existing or proposed new topography, vegetation, buildings or other structures. 3. Size. The total size of the proposed telecom facility, particularly in relation to surrounding and supporting structures. 4. Location. Proposed telecom facilities shall be located so as to utilize existing natural or manmade features in the vicinity of the facility, including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening and blending with the predominant visual backdrop. 5. Collocation. In evaluating whether the collocation of a telecom facility is feasible, the criteria listed in subsections (A)(1) through (4) of this section shall be used to evaluate the visual effect of the combined number of facilities at the proposed location. B. Public View Protection. All new or modified telecom facilities, whether approved by administrative or discretionary review, shall comply with Section 21.30.100 (Public View Protection). Additionally, potential impacts from a new or modified telecom facility to public views that are not identified by the Coastal Land Use Plan shall be evaluated to determine if inclusion in the Coastal Land Use Plan would be appropriate. If deemed appropriate for inclusion, the potential impacts to such public views shall be considered. C. Height. The Planning Commission or City Council may approve or conditionally approve a coastal development permit for a telecom facility that exceeds the maximum height limit for the coastal zoning district in which the facility is located; provided, it does not exceed the maximum height limit by fifteen (15) feet, only after making all of the required findings in Section 21.49.060(H) (Required Findings for Telecom Facilities). 2. All telecom facilities shall comply with height restrictions or conditions, if any, required by the Federal Aviation Administration. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-6 3. Telecom facilities installed on streetlights, utility poles, utility towers or other similar structures within the public right-of-way shall not exceed thirty-five (35) feet in height above the finished grade. 4. Telecom facilities may be installed on existing utility poles or utility towers that exceed thirty-five (35) feet above the finished grade where the purposes of the existing utility pole or utility tower is to carry electricity or provide other wireless data transmission; provided, that the top of the proposed antennas do not extend above the top of the utility pole or utility tower. 5. Telecom facilities disguised as flagpoles may be installed provided they meet applicable height limits for flagpoles provided in Section 21.30.060. D. Setbacks. Proposed telecom facilities shall comply with the required setback established by the development standards for the coastal zoning district in which the facility is proposed to be located. Setbacks shall be measured from the part of the facility closest to the applicable lot line or structure. E. Design Techniques. Design techniques shall result in the installation of a telecom facility that is in harmony and scale with the surrounding area, screens the installation from view, and prevents the facility from visually dominating the surrounding area. Design techniques may include the following: 1. Screening elements to disguise, or otherwise hide the telecom facility from view from surrounding uses. 2. Painting and/or coloring the telecom facility to blend into the predominant visual backdrop. 3. Siting the telecom facility to utilize existing features (such as buildings, topography, vegetation, etc.) to screen or hide the facility. 4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the telecom facility. 5. Providing telecom facilities of a size that, as determined by the City, is not visually obtrusive such that any effort to screen the facility would create greater visual impacts than the facility itself. 6. To the greatest extent practicable, new Class 4 facilities shall be designed and sited to facilitate the collocation of one additional telecom operator. F. Screening Standards. For collocation installations, the screening method shall be materially similar to those used on the existing telecom facility, and shall not diminish the screening of the facility. If determined necessary by the review authority, use of other improved and appropriate screening methods may be required to screen the antennas and support equipment from public view. The following is a non-exclusive list of potential design and screening techniques that must be considered for all facility installations: 1. Class 1 (Stealth/Screened) Installations. a. All telecom facility components, including all antennas, antenna panels, cables, wires, conduit, mounting brackets, and support equipment, shall be Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-7 fully screened, and mounted either inside the building or structure, or behind screening elements and not on the exterior face of the building or structure. b. Screening materials shall match in color, size, proportion, style, and quality with the exterior design and architectural character of the structure and the surrounding visual environment. If determined necessary by the reviewing authority, screening to avoid adverse impacts to views from land or buildings at higher elevations shall be required. C. When a telecom facility is proposed within an existing or new architectural feature such as a steeple, religious symbol, tower, cupola, clock tower, sign tower, etc., the facility shall be architecturally compatible with the existing structure or building. 2. Class 2 (Visible) Installations. a. Building or structure mounted antennas shall be painted or otherwise coated to match or complement the predominant color of the structure on which they are mounted and shall be compatible with the architectural texture and materials of the building to which the antennas are mounted. No cables, wires, conduit, mounting brackets or any other associated support equipment shall be visible. b. All antenna components and support equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used. 3. For Class 3 (Public Right -of -Way) Installations. a. Whenever feasible, new antennas proposed to be installed in the public right-of-way shall be placed on existing utility structures, streetlights, or other existing vertical structures. Antenna installations on existing or replacement streetlight poles or utility poles shall be screened by means of canisters, radomes, shrouds other screening measures whenever feasible, and treated with exterior coatings of a color and texture to match the existing pole. b. New or replacement vertical structures may be allowed when authorized by the Municipal Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area. C. If antennas are proposed to be installed without screening, they shall be flush -mounted to the pole and shall be treated with exterior coatings of a color and texture to match the pole. 4. Class 4 (Freestanding Structure) Installations. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-8 a. The installation of new lattice towers or monopoles with visible antennas or antenna arrays is strongly discouraged due to the visual effects of such facilities. Preferred monopole designs include fully screened antennas without visible brackets, cables, or conduit. Additionally, any lattice tower or monopole should be sited in the least obtrusive location as practicable. b. The construction of new freestanding structures such as signs, monoliths, pyramids, light houses, or other similar vertical structures shall be designed and sited to appropriately complement a site and screen all elements of the telecom facility. C. The installation of artificial rocks shall match in scale and color with other rock outcroppings in the general vicinity of the proposed site. An artificial rock screen may not be considered appropriate in areas that do not have natural rock outcroppings. d. The installation of artificial trees or shrubbery is strongly discouraged if they are obviously not natural to the average reasonable observer. When an artificial tree or shrubbery is proposed, it shall be designed for and located in a setting that is compatible with the proposed screening method. Such installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening. All antennas and antenna supports shall be contained within the canopy of the tree design or other vegetation comparable to that being replicated by the proposed screening elements. Finally, the addition of new comparable living vegetation may be necessary to enhance the artificial tree or shrubbery screening elements. e. Flagpoles shall not exceed twenty-four (24) inches in width at the base of the flagpole and also shall not exceed twenty (20) inches in width at the top of the flagpole. 5. Class 5 (Temporary) Installations. A temporary telecom facility installation may require screening to reduce visual impacts depending on the duration of the permit and the setting of the proposed site. If screening methods are determined to be necessary by the review authority, the appropriate screening methods will be determined through the application review and permitting process in consideration of the temporary nature of the facility. 6. Support Equipment. All support equipment associated with the operation of any telecom facility shall be placed or mounted in the least visually obtrusive location practicable, and shall be screened from view. a. Installations on Private Property. The following is a non-exclusive list of potential screening techniques for telecom facilities located on private property: i. Building -Mounted Telecom Facilities. For building- or structure -mounted antenna installations, support equipment for the facility may be located inside the building, in an underground vault, or on the roof of the building that the facility is located on; provided, that both the equipment and any screening materials are Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-9 architecturally compatible and/or painted the color of the building, roof, and/or surroundings thereby providing screening. Roof -Mounted Telecom Facilities. All screening materials for roof -mounted facilities shall be of a quality and design compatible with the architecture, color, texture and materials of the building to which it is mounted. If determined necessary by the review authority, screening to avoid adverse impacts to views from land or buildings at higher elevations shall be required. iii. Freestanding Telecom Facilities. For freestanding facilities installations, not mounted on a building or structure, support equipment for the facility may be visually screened by locating the support equipment in a fully enclosed building, in an underground vault, or in a security enclosure consisting of walls and/or landscaping to effectively screen the support equipment at the time of installation. iv. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings. V. Screening enclosures may utilize graffiti -resistant and climb -resistant vinyl -clad chain link with a "closed -mesh" design (i.e., one -inch gaps) or may consist of an alternate enclosure design approved by the review authority. In general, the screening enclosure shall be made of nonreflective material and painted to blend with surrounding materials and colors. vi. If placed in an underground vault, flush -to -grade vents, or alternatively, vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be utilized. b. Installations in a Public Right -of -Way. The following is a non-exclusive list of potential screening techniques for telecom facilities located in a public right-of-way: Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of the Municipal Code. Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by the Municipal Code. Support equipment approved to be located above ground in a public right-of-way shall be painted or otherwise coated to be Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-10 visually compatible with the existing or replacement pole, lighting and/or traffic signal equipment without substantially increasing the width of the structure. iii. All transmission or amplification equipment such as remote radio units, tower mounted amplifiers, and surge suppressors shall be mounted inside the utility or streetlight pole without materially increasing the pole diameter or shall be installed in the vault enclosure supporting the facility. G. Night Lighting. Telecom facilities shall not be lighted except for security lighting at the lowest intensity necessary for that purpose or as may be recommended by the United States Flag Code (4 U.S.C. Section 1 et seq.). Such lighting shall be shielded so that direct illumination does not directly shine on nearby properties. The review authority shall consult with the Police Department regarding proposed security lighting for facilities on a case-by-case basis. H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any telecom facility except for small identification, address, warning, and similar information plates. Such information plates shall be identified in the telecom application and shall be subject to approval by the review authority. Signage required by State or Federal regulations shall be allowed in its smallest permissible size. I. Nonconformities. A proposed or modified telecom facility shall not create any new or increased nonconformity as defined in this Implementation Plan, such as, but not limited to, a reduction in and/or elimination of, required parking, landscaping, or loading zones unless relief is sought pursuant to applicable zoning code procedures. J. Maintenance. The telecom operator shall be responsible for maintenance of the telecom facility in a manner consistent with the original approval of the facility, including but not limited to the following: 1. Any missing, discolored, or damaged screening shall be restored to its original permitted condition. 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with the Municipal Code. 3. All landscaping required for the telecom facility shall be maintained in a healthy condition at all times, and shall be promptly replaced if dead, dying, or damaged. 4. All telecom facilities shall be kept clean and free of litter. 5. All equipment cabinets shall display a legible contact number for reporting maintenance problems to the telecom operator. 6. If a flagpole is used for a telecom facility, flags shall be flown and shall be properly maintained at all times. The use of the United States flag shall comply with the provisions of the U.S. Flag Code (4 U.S.C. Section 1 et seq.). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-11 20.49.090 — Modification and Collocation of Existing Telecom Facilities Notwithstanding any provision in this chapter, a request to modify an existing facility that involves the collocation of new transmission equipment, the removal of existing transmission equipment, or the replacement of existing transmission equipment shall be subject to administrative review and approval without processing any discretionary permit provided that such modification does not substantially change the existing facility from the original permit for the facility. A substantial change means a single change, or series of changes over time, that exceeds five percent of the physical dimensions of the original approved telecom facility, or as otherwise defined by applicable provisions of State or Federal law. Each application submitted under this section for a modification or collocation to an existing telecom facility shall be accompanied by: A. A detailed description of the proposed modifications to the existing telecom facility(ies); B. A photograph or description of the telecom facility as originally constructed, if available; a current photograph of the existing facility; and, a graphic depiction of the facility after modification showing all relevant dimensions; C. A detailed description of all construction that will be performed in connection with the proposed modification; and D. A written statement signed and stamped by a professional engineer, licensed and qualified in California, attesting that the proposed modifications do not constitute a substantial change of the existing permitted facility. Any permit issued will be conditioned upon the accuracy of the application, and may be revoked, and the telecom facility shall be removed and restored to its pre -modification condition if any material statement made with respect to the facility application is false or the modifications as actually made would have required a discretionary review had the plan for the facility accurately depicted the modifications. 20.49.120 — Removal of Telecom Facilities A. Discontinued Use. Any telecom operator who intends to abandon or discontinue use of a telecom facility must notify the Director by certified mail no less than thirty (30) days prior to such abandonment or discontinuance of use. The telecom operator or owner of the affected real property shall have ninety (90) days from the date of abandonment or discontinuance, or a reasonable additional time as may be approved by the Director, within which to complete one of the following actions: 1. Reactivate use of the telecom facility. 2. Transfer the rights to use the telecom facility to another telecom operator and the telecom operator commences use within a reasonable period of time as determined by the Director. 3. Remove the telecom facility and restore the site. B. Abandonment. Any telecom facility that is not operated for transmission and/or reception for a continuous period of ninety (90) days or whose telecom operator did not remove the facility in accordance with subsection (A) of this section shall be deemed abandoned. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-12 Upon a finding of abandonment, the City shall provide notice to the telecom operator last known to use such facility and, if applicable, the owner of the affected real property, providing thirty (30) days from the date of the abandonment notice within which to complete one of the following actions: 1. Reactivate use of the telecom facility. 2. Transfer the rights to use the telecom facility to another telecom operator who has agreed to reactivate the facility within thirty (30) days of the transfer. 3. Remove the telecom facility and restore the site. C. Removal by City. 1. The City may remove an abandoned telecom facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable codes at any time after thirty (30) days following the notice of abandonment. 2. If the City removes an abandoned telecom facility, the City may, but shall not be required to, store the removed facility or any part thereof. The owner of the premises upon which the abandoned facility was located and all prior operators of the facility shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the City promptly after demand therefor is made. In addition, the City Council, at its option, may utilize any financial security required in conjunction with granting the telecom permit as reimbursement for such costs. Also, in lieu of storing the removed facility, the City may convert it to the City's use, sell it, or dispose of it in any manner deemed by the City to be appropriate. D. City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in full, a lien shall be placed on the abandoned personal property and any real property on which the telecom facility was located for the full amount of all costs incurred by the City for the removal, repair, restoration and storage. The City Clerk shall cause the lien to be recorded with the Orange County Recorder, with the costs of filing, processing, and release of such City lien being added to the other costs listed in this subsection. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.49-13 Chapter 21.50 — Permit Application Filing and Processing Sections: 21.50.010 Purpose 21.50.020 Authority for Decisions 21.50.025 Projects Bisected by Jurisdictional Boundaries 21.50.030 Application Preparation and Filing 21.50.040 Application Fees 21.50.050 Initial Application Review 21.50.060 Project Evaluation and Staff Reports 21.50.070 Environmental Review 21.50.010 — Purpose This chapter provides procedures and requirements for the preparation, filing, and processing of permit applications required by this Implementation Plan. 21.50.020 — Authority for Decisions A. Review Authority. Table 21.50-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Implementation Plan. Table 21.50-1 Review Authority Newport Beach LCP Implementation Plan - CC Draft 1 Page 21.50-1 Role of Review Authority (1) Applicable Code Type of Action Harbor Chapter/Section Zoning Council Coastal Director Administrator Resources Commission (2) Commission Manager ...:....:....:..�-max:::::_.•. n:<.>.. .. .. ... ... 'g } yyqq. ".".::. .::... ...,:r xxxxx- ....::....... :..>,,,�,..x,..., �..x ...,e: ...a ...,..:." .....................:.. .x3�....�.., l ..".".....xv<i xtx��� y:.,:.,:.:'.^.;a;,mc. Interpretations Section 21.12.020 Determination Appeal Appeal LCP Amendments Chapter 21.66 Recommend De( Decision (4) )ion Approvals in Section 21.52.015 Determination Determination Appeal Appeal Concept (3) (5) Waiver for De Minimis Section 21.52.055 Determination3 Appeal Appeal Development . � � .. .......:x..:....,.._ .. .x.:.:..:..,,.x. .: .._". ... ._ ..--:.": <.:..:,.::x..x::x.. ....:.:.:........" ..... � <, .......-x.,... ...........�_. ..�.. ;:::; IN 011 IN..,..<:.:.:.. :::.�..:._..."."....:<:. ,..x::.>:� .... ..........:...<_:,..;:«x<.::.:-�.�xx.��.,.:=<xxxx<xx�mx<x..::........:....xxx:.:.,�.._....:...:.....„.......:�::.>,..........: Coastal Development Section 21.52.015 Decision (6) Appeal Appeal Decision (7) Permits Appeal (2) Newport Beach LCP Implementation Plan - CC Draft 1 Page 21.50-1 Role of Review Authority (1) Type of Action Applicable Code Harbor Chapter/Section zoning Council Coastal Director Administrator Resources Commission (2) Commission Manager Emergency Coastal Section 21.52.025 Decision (3) Appeal Appeal Development Permits Notes: (1) 'Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision' mean that the review authority makes the final determination or decision on the matter; "Appeal' means that the review authority may consider and decide upon appeals to the decision of a previous decision-making body, in compliance with Chapter 21.64 (Appeals and Calls for Review). (2) The Council is the final review authority for all applications in the City. A decision by the City on a Coastal Development Permit application within the appeal areas depicted on the Permit and Appeal Jurisdiction Map or a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission in compliance with Chapter 21.64 (Appeals and Calls for Review). (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action. (4) The Californian Coastal Commission is the final decision making authority on amendments to the Local Coastal Program. See Chapter 21.66 (Amendments). (5) For development located on tidelands or submerged lands that did not involve a discretionary action authorized by this Implementation Plan where the authority is specifically assigned to the Council, Commission, Director, or Zoning Administrator (6) If the project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), then the applicable review authority shall be the authority for the other discretionary approval. (7) All development on tidelands, submerged lands, and public trust lands as described in California Public Resources Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City. Pursuant to Coastal Act Section 30613, permit authority on tidelands, submerged lands, and public trust lands that are determined by the Coastal Commission to be filled and developed and located within an area committed to urban uses shall be delegated to the City. 21.50.025 Projects Bisected by Jurisdictional Boundaries A. Projects Bisected By Coastal Zone. Where a proposed project site is physically located both within and outside the coastal zone, the following procedures apply: 1. For divisions of land, a coastal development permit shall be required only for lots or parcels created that contain new lot lines or portions of new lot lines within the coastal zone and such review will be confined to those lots or portions of lots within the coastal zone. 2. For any development involving a structure or similar integrated physical construction partially in the coastal zone, a coastal development permit shall be required. 3. Pursuant to California Public Resources Code Section 30103 (b), the Coastal Commission may adjust the boundary of the coastal zone to avoid bisecting any single lot or parcel to conform it to readily identifiable natural or manmade features. The City may request, with the consent of the property owner, a landward adjustment by a maximum distance of two hundred (200) yards. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.50-2 B. Projects Bisected By Appeal Jurisdiction. If a portion of the approved development is of the type or in a location that makes the action by the City subject to appeal, the approval of the coastal development permit is subject to appeal to the Coastal Commission. C. Projects Bisected By City and Coastal Commission Jurisdiction. Where a proposed development is located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development permits are required by both the City and the Coastal Commission. The following procedures apply: 1. For divisions of land, a coastal development permit issued by the Coastal Commission shall be required only for lots or parcels created that contain new lot lines or portions of new lot lines within the area subject to the Coastal Commission's retained jurisdiction. 2. For any development involving a structure or similar integrated physical construction, a coastal development permit issued by the Coastal Commission shall be required for any structure partially in the retained jurisdiction area. D. Projects Bisected By Different Local Government Jurisdictions. If a project straddles the boundaries of the City and another local government, the applicant must obtain separate coastal permits from each jurisdiction. An exception is possible for public agencies that, pursuant to California Public Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally -issued coastal permits. 21.50.030 —Application Preparation and Filing A. Application Contents. Each permit application required by this Implementation Plan shall be filed with the Department on the appropriate City application form, together with all required fees and/or deposits and all other information and materials specified by the Director for the specific type of application. B. Eligibility for Filing. An application may only be filed by the owner of the subject property or authorized agent of the owner with the written consent of the property owner. The application shall be signed by the owner of record or by an authorized agent, if written authorization from the owner of record is filed concurrently with the application. C. Rejection of Application. If the Director determines that an application cannot lawfully be approved by the City, the Director shall not accept the application for processing. 21.50.040 — Application Fees A. Fee Schedule. The Council shall establish a schedule of fees for the processing of the applications required by this Implementation Plan, hereafter referred to as the City's fee schedule adopted by resolution. B. Timing of Payment. Applications shall not be deemed complete, and processing shall not commence on any application, until all required fees or deposits have been paid. Failure to Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.50-3 timely pay supplemental requests for payment of required fees and/or deposits shall be a basis for suspension of processing or issuance of any permit. C. Refunds and Withdrawals. Application fees cover City costs for public hearings, mailings, staff time and the other activities involved in processing applications. No refund for an application that is denied shall be allowed. In the case of a withdrawal by the applicant, the Director shall have the discretion to authorize a partial refund based upon the pro -rated costs to date and the status of the application at the time of withdrawal. 21.50.050 — Initial Application Review. A. Review for Completeness. The Director shall review each application for completeness and accuracy before it is accepted as being complete. The determination of completeness shall be based on the City's applicable list of required application contents and any additional written instructions provided to the applicant in any preapplication conference, and/or during the initial application review period. Notification of Applicant or Authorized Agent. Within thirty (30) calendar days of application filing, the applicant or authorized agent shall be informed in writing, either that the application is complete and has been accepted for processing or that the application is incomplete and that additional specified information shall be provided before the application is deemed complete. 2. Appeal of Determination. Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that any additional information requested by the Director is not required, the applicant may appeal the determination to the appropriate review authority in compliance with Chapter 21.64 (Appeals and Calls for Review). Additional Information. a. When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. b. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section. C. The additional specified information shall be submitted in writing. The Director's review of any information resubmitted by the applicant shall be accomplished in compliance with subsection (A)(1) of this section along with another thirty (30) day period of review for completeness. 4. Expiration of Application. a. If an applicant fails to provide any additional information requested by the Director within sixty (60) days following the date the application was deemed incomplete, the application shall be deemed withdrawn without any further action by the City. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.50-4 After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees. 5. Submittal of Additional Information. a. During the course of the review process, the review authority may require the applicant to submit additional information or revised plans. b. The Director shall notify the applicant in writing of any revisions or additional information required and the applicant shall submit the requested information to the Department within thirty (30) days after the date of the notice or within the period of time designated by the review authority. Failure to submit the required information within the thirty (30) day period or within the period of time designated by the review authority may be cause for denial. 6. Additional Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA), the City's CEQA guidelines, and Section 21.50.080 (Environmental review). B. Referral of Application. At the discretion of the Director, or where otherwise required by this Implementation Plan or State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project for their review and comment. 21.50.060 — Project Evaluation and Staff Reports A. Director Evaluation. The Director shall review all applications to determine whether they comply and are consistent with the provisions of this Implementation Plan, the General Plan, and other applicable provisions identified in Section 21.10.040 (Applicability of Implementation Plan). B. Staff Report. The Department shall provide a written recommendation for discretionary applications to the applicable review authority recommending that the application be approved, conditionally approved, or denied. C. Staff Report to Include Findings. Whenever this Implementation Plan requires a set of findings to be made before granting approval of an application by the applicable review authority, it shall be the responsibility of the Department to present all relevant facts to support the findings. D. Report Distribution. Each staff report shall be furnished to the applicant at the same time as it is provided to the review authority before the review authority's action on the application. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.50-5 21.50.070 — Environmental Review A. CEQA Review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether: 1. The project is not a project as defined by CEQA; 2. The project is exempt from the requirements of CEQA; 3. A negative declaration may be issued; 4. A mitigated negative declaration may be issued; or 5. An Environmental Impact Report (EIR) shall be required. B. Investigation. Analysis of proposed development within or adjacent to ESHA, wetlands or other sensitive resources shall include an analysis of the individual and cumulative impacts of the development, define the least environmentally damaging alternative, and recommend modifications or mitigation measures to avoid or minimize impacts. C. Environmental Documents. Preparation by Qualified Specialist. All environmental documents shall be prepared by a qualified resource specialist with technical expertise as appropriate for the environmental issues of concern. 2. Review of Documents. All environmental documents submitted as part of a development application shall be reviewed by a qualified City staff member, City - designated advisory committee, or consultant approved by, and under the supervision of, the City. 3. Report. A qualified City staff member, advisory committee, or contracted employee shall prepare a written report with recommendations to the appropriate decision-making official or body. 3. Recommendations. Written findings of fact, analysis and conclusions shall be included in any recommendation to approve, conditionally approve, or disapprove proposed development within or adjacent to ESHA, wetlands or other sensitive resources. Any recommendations of approval shall include an identification of the preferred project alternative and required modifications or mitigation measures necessary to ensure conformance with the Local Coastal Program. D. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents shall be in compliance with CEQA and applicable Council policies. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.50-6 Chapter 21.52 — Coastal Development Review Procedures Sections: 21.52.010 Purpose 21.52.015 Coastal Development Permits 21.52.025 Emergency Coastal Development Permits 21.52.035 Projects Exempt from Coastal Permit Requirements 21.52.045 Categorical Exclusions 21.52.055 Waiver for De Minimis Development 21.52.010 — Purpose This chapter provides procedures to ensure that all public and private development in the Coastal Zone is consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code) as amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply in the Coastal Zone, as defined by the Coastal Act. 21.52.015 — Coastal Development Permits A. Coastal Development Permit Required. Any development in the Coastal Zone shall require a coastal development permit issued pursuant to Chapter 21.50 unless exempt or excluded. Development undertaken pursuant to a coastal development permit shall conform to the plans, specification, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other articles of this Ordinance, other city ordinances or codes or from any state, regional or local agency. If conflicts between this chapter and other city ordinances or codes arise, this chapter shall govern. B. Permit Jurisdiction. After certification of the LCP, the City shall issue all coastal development permits for development not located within the Coastal Commission's original permit jurisdiction. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Public Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are depicted on the Permit and Appeal Jurisdiction Map. a. Approval in Concept. All development in areas where the Coastal Commission retains coastal development permit authority shall require conceptual approval from the City prior to application to the Coastal Commission. An approval in concept indicates that the proposed Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-1 development conforms in concept to all City land use and development regulations, including any applicable discretionary actions, and therefore entitles the applicant to apply to the Coastal Commission for a coastal development permit. b. Public Trust Lands Delegated to the City. Pursuant to Coastal Act Section 30613, permit authority on tidelands, submerged lands, and public trust lands that are determined by the Coastal Commission to be filled and developed and located within an area committed to urban uses shall be delegated to the City. Public trust lands delegated to the City are depicted on the Permit and Appeal Jurisdiction Map. 2. Coastal Development Permit Issued by the City. All development requires a coastal development permit unless specifically exempted or excluded. After certification of the LCP, the City shall issue all coastal development permits for development not located within the Coastal Commission's original permit jurisdiction. C. Application Filing, Processing, and Review. An application for a coastal development permit shall be filed and processed in compliance with Chapter 21.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City's fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision). D. Public Notice and Hearing Provisions. Public Hearing Required. A public hearing shall be required before the decision on any coastal development permit application. 2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.62 (Public Hearings). E. Review Authority. The review authority identified in Table 21.50-1 (Section 21.50.020) is designated to approve, conditionally approve, or deny applications for coastal development permits and the modification or revocation thereof, in compliance with the procedures provided in this section. F. Findings and Decision. The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development is: The project is in accord with the objectives of this Implementation Plan; 2. The project conforms to all applicable sections of the certified Local Coastal Program; 3. The project will not negatively impact public access to coastal resources. 4. The project will not negatively impact public coastal views. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-2 5. The project will not negatively impact sensitive coastal resources and environmentally sensitive areas. G. Conditions of Approval. The review authority may impose such conditions in connection with the granting of a coastal development permit as deemed necessary to secure the purposes of this Implementation Plan and the certified Local Coastal Program and may require guarantees and evidence that such conditions are being or will be complied with. H. Notice of Final Action. Within seven (7) days of the date of the final local action on a coastal development permit, a notice shall be sent to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope. Such notice shall be accompanied by a copy of the conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. Minor Changes by Director. Minor changes to an approved coastal development permit that do not involve an increase in structure area or height, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Section 21.54.070 (Changes to an approved project). 2. Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority. Post -Decision Procedures. The procedures and requirements in Chapter 21.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this Implementation Plan (Implementation Plan Administration) shall apply following the decision on a coastal development permit application. 21.52.025 — Emergency Coastal Development Permits In the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed. A. Application. An emergency coastal development permit application shall be made to the Director in writing, or if, in the opinion of the Director, time does not allow written application, the application may be made orally in person or by telephone or electronic mail within three (3) days of the emergency and shall include the following: A description of the nature or cause of the emergency; 2. The location of the protective or preventative work either needed or accomplished to respond to the emergency; 3. An explanation of the circumstances of the emergency that justify the action to be taken, including the probable consequences of failing to take action. B. Limitations. The Director shall not grant an emergency coastal development permit for any development that falls within an area in which the Coastal Commission retains direct Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-3 permit review authority. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission. In addition, a waiver for a coastal development emergency permit may be obtained from the Coastal Commission Executive Director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act. C. Application Review. The Director is the review authority for emergency coastal development permits. The Director's determination to approve or deny the application shall be final. If the Director approves the application, the Director shall submit a report to the California Coastal Commission and the Planning Commission detailing the review and approval process. D. Expiration. An emergency coastal development permit is valid for sixty (60) days from the date of issuance by the Director. The Director may extend an emergency permit for an additional sixty (60) days for good cause including but not limited to that a coastal development permit application is on file. 21.52.035 — Projects Exempt from Coastal Permit Requirements The following projects are exempt from the requirements of this chapter: A. Pre -Certification. Any development authorized by a coastal development permit approved by the Coastal Commission before effective date of certification of the Local Coastal Program. B. Deferred Certification. For developments in deferred certification areas, the Coastal Commission retains permit jurisdiction. C. Coastal Act Exemptions. Developments determined to be excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610. The following types of projects shall be so excluded: Existing Single -Unit Dwellings. Improvements to existing single -unit dwellings, including all fixtures and other exterior structures directly attached to the dwelling; ancillary structures normally associated with single -unit dwellings, such as garages, swimming pools, fences, storage sheds; and landscaping, with the exception of the following classes of development that involve a risk of adverse environmental effects: a. Improvements to any structure where either the structure or the improvement is located on a beach, in a wetland or stream, seaward of the mean high tide line, within an environmentally sensitive habitat area, or in an area designated as highly scenic in the Certified Coastal Land Use Plan, or within fifty (50) feet of the edge of a coastal bluff. b. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff or stream, or in an environmentally sensitive habitat area. C. Expansion or construction of a water well or septic system. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-4 Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission, when such improvements would constitute or result in any of the following: (1) An increase of 10 percent or more within any 12 -month period of the floor area of existing structure(s) on the building site or an additional improvement of 10 percent or less within any 12 -month period where an improvement to the structure has previously been undertaken pursuant to California Public Resources Code Section 30610(a) and/or this subsection. (2) The construction of an additional story or loft or increase in building height of more than 10 percent within any 12 -month period. (3) The construction, placement or establishment of any significant detached structure such as a garage, fence, shoreline protective works or docks. e. In areas that the Coastal Commission has declared by resolution after a public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system. Any improvement where the coastal development permit issued for the original structure indicates that future additions would require a coastal development permit. In any particular case, even though an improvement falls into one of the classes set forth in subsection (C)(1) above, the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit. 2. Other Existing Structures. Improvements to existing structures, other than single -unit dwellings and public works facilities, including all fixtures and other structures directly attached to the structure and landscaping, with the exception of the following classes of development that involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the Coastal Act: Improvements to any structure where either the structure or the improvement is located on a beach, in a wetland or stream, or seaward of the mean high tide line, in an area designated as highly scenic in the certified Coastal Land Use Plan, or within 50 feet of the edge of a coastal bluff. b. Any significant alteration of land forms including removal or placement of Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-5 vegetation on a beach, wetland, or sand dune, or within 100 feet of the edge of a coastal bluff or stream, in an area designated as highly scenic in the Certified Coastal Land Use Plan, or in an environmentally sensitive habitat area. C. Expansion or construction of a water well or septic system d. Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission, when such improvements would constitute or result in any of the following: (1) An increase of 10 percent or more within any 12 -month period of the floor area of existing structure(s) on the building site or an additional improvement of 10 percent or less within any 12 -month period where an improvement to the structure has previously been undertaken pursuant to California Public Resources Code Section 30610(a) and/or this subsection. (2) The construction of an additional story or loft or increase in building height of more than 10 percent within any 12 -month period. (3) The construction, placement or establishment of any significant detached structure such as a garage, fence, shoreline protective works or docks. e. In areas that the Coastal Commission has declared by resolution after a public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system. Any improvement where the coastal development permit issued for the original structure indicates that future additions would require a coastal development permit. g. Any improvement to a structure that changes the intensity of use of the structure. h. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor -serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion. In any particular case, even though an improvement falls into one of the classes set forth in subsection (C)(2) above, the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-6 waive the requirement of a permit. 3. Maintenance Dredging. Maintenance dredging of existing navigation channels or moving dredged materials from those channels to a disposal area outside of the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers. 4. Repair and Maintenance. Repair or maintenance activities, with the exception of the following activities that involve a risk of adverse environmental effects: a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: (1) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; or (2) The placement, whether temporary or permanent, of rip rap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works; or (3) The replacement of 20 percent or more within any 12 -month period of the materials of an existing structure with materials of a different kind; or (4) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 20 feet of coastal waters or streams. b. Any method of routine maintenance dredging that involves: (1) The dredging of 100,000 cubic yards or more within a 12 month period; or (2) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, or within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or (3) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within 20 feet of any coastal waters and streams that include: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-7 (1) The placement or removal, whether temporary or permanent, of rip rap, rocks, sand or other beach materials or any other forms of solid materials; (2) The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit; All repair and maintenance activities governed by subsection (D) (4) shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of subsection (D)(4) shall not be applicable to those activities specifically in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean. Unless destroyed by disaster, the replacement of 50 percent or more of a single -unit dwelling, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. In any particular case, even though an improvement falls into one of the classes set forth in subsection (C)(4) above, the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit. 5. Utility Connections. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to the Coastal Act. 6. Replacement of Structures Destroyed By Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster, provided the following requirements are met: a. The use of the replacement structure is the same as the destroyed structure; b. The replacement structure does not exceed either floor area, height, or bulk of the destroyed structure by more than 10 percent; and C. The replacement structure is sited in the same location on the affected property as the destroyed structure. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-8 7. Time -Share Conversions. Any activity anywhere in the Coastal Zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subsection. D. Temporary Events. Temporary events that meet all of the following criteria: The event will not occur on and between Memorial Day weekend and Labor Day or if proposed in this period will be of less than one day in duration including set-up and take-down or will not significantly impact public use of roadways or parking areas or otherwise impact public use or access to coastal waters; and 2. The event will not occupy any portion of a public sandy beach or the location is remote with minimal demand for public use, and 3. There is no potential for adverse effect of sensitive coastal resources; and 4. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use or event of the same area (not including booth or entry fees); or, if a fee is charged, it is for preferred seating only and more than seventy-five (75) percent of the provided seating capacity is available free of charge for general public use; and 5. Does not involve permanent structures or structures that involve grading or landform alteration for installation. E. De Minimis Development. Development determined to be de minimis by the Director pursuant to Section 21.52.055 (Waiver for De Minimis Development). F. Ongoing Routine Repair and Maintenance. Pursuant to California Code of Regulations Section 13252 (c), the following on-going routine repair and maintenance activities conducted by the City: Beaches. Periodic maintenance of public beaches landward of the mean high tide line and outside of dune habitat areas, including the cleaning and redistributing of sand using mechanized equipment. 2. Storm Berms. The use of temporary sand dunes in shoreline areas to protect buildings and infrastructure from wave uprush during storm events in a manner that minimizes significant impacts to coastal access and resources. 3. Piers. a. The repair and maintenance of existing public recreational piers, including, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-9 but not limited to, resurfacing of pedestrian decks and the removal and replacement of existing pilings. The repair and maintenance of existing private piers involving construction totaling no more than twenty (20) percent of the total replacement value of the pier. 4. Storm Drains. Periodic inspection, cleaning, maintenance, and replacement of existing storm drain lines required under National Pollutant Discharge Elimination System (NPDES). 21.52.045 – Categorical Exclusions A. Applicability. Projects that will not result in a potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast are excluded from the requirements of coastal development permit processing as authorized by and in accordance with the procedures certified by the California Coastal Commission. Pursuant to Newport Beach Categorical Exclusion Order E-77-5 approved by the California Coastal Commission June 14, 1977, the following specific categories will not require a coastal development permit. A current record of all permits issued for categorically excluded developments shall be available for public and Coastal Commission review and shall contain the name of applicant, location (street address and assessor's parcel number of property on which development is proposed), and brief description of the development, date of application of other local permit(s), all terms and conditions of development imposed by the City in granting its approval, the site plan and vicinity map of the development. Pursuant to California Code of Regulations Section 13243, any change to the categorical order requires action by the California Coastal Commission on the categorical exclusion. The categorical exclusion order cannot be modified through changes to the LCP alone. A request for amendment to a categorical exclusion order shall be processed pursuant to California Code of Regulations Sections 13241-13425. B. Categorical Exclusion Order E-77-5. The categorical exclusion is for the demolition and/or construction of single -unit and two -unit dwelling units and their appurtenant facilities in the R-1, R -BI, and R-2 Coastal Zoning Districts within the Coastal Zone. Geographic Area. The exclusion shall apply only to the following areas: Balboa Island, Balboa Peninsula, Cameo Highlands, Cameo Shores, Corona del Mar, Corona Highlands, Irvine Terrace, Lido Isle, Shorecliffs, Upper Newport Bay, and West Newport and depicted in the referenced map exhibits adopted in Part 8 of this Implementation Plan (Maps). 2. Exceptions. Categorical Exclusion Order E-77-5 does not include: a. The first row of lots adjacent to the beach, bay wetlands b. Major undeveloped residential sites C. Planned Community Districts Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-10 Gated communities 3. Terms and Conditions. The terms and conditions applied by the Coastal Commission to Categorical Exclusion Order E-77-5 are as follows: Lot Coverage. Structures subject to this exclusion shall be designed so that the gross structural area, including storage, parking, and stairways, does not exceed 1.5 times the buildable area on non -conforming lots (4,000 square feet or less) and in areas where a majority of the lots are non -conforming. Parking. A minimum of two parking spaces shall be provided for each residential unit, regardless of size. To the maximum extent practicable, parking shall be provided on the alley side of the lot and in no case shall required parking be permitted in the required front setback. C. Density. Duplexes shall only be permitted on lots 2,400 square feet or greater. d. Applicable Zoning. Development pursuant to this exclusion shall conform, unless otherwise limited by this order, to the zoning regulations in effect on the date this order is adopted by the Coastal Commission as represented by City of Newport Beach Ordinance No. 1657, a copy of which is attached to the official map of this exclusion and also provided in Appendix C of this Implementation Plan. e. Implementation. The City of Newport Beach shall, at an appropriate stage in the local approval process for development subject to this exclusion, distribute to the applicant for such local approval a form provided by the Executive Director of the Coastal Commission. After final local governmental approval but prior to construction under this exclusion, the City shall send the completed form to the Coastal Commission. The completed form shall include a certification by the applicant that the approved development conforms to the terms and conditions of this order. The City of Newport Beach may, at its option, also make that certification on the completed form. No construction pursuant to this exclusion may commence until 5 working days have elapsed following receipt of the completed form by the Coastal Commission. Public Trust. In the event that any competent agency or court determines that any lands excluded by this order are subject to the public trust, this exclusion shall immediately become void as to those lands and any development undertaken on those lands shall be subject to the full permit requirements of the Coastal Act of 1976. C. Post -Certification Categorical Exclusions. Any categorical exclusion adopted by the Coastal Commission after certification of this Implementation Plan pursuant to Sections 30610(e) or 30610.5 of the Public Resources Code and Subchapters 4 or 5 of Chapter 6 of Division 5.5 of Title 14 of the California Code of Regulations (Sections 13215-235 and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-11 240-249). Records of such categorical exclusions shall be kept on file with the Department. D. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five (5) working days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the Coastal Commission, per Section 13315 of the California Code of Regulations. 21.52.055 — Waiver for De Minimis Development A. Authority. The Director may issue a written waiver from the coastal development permit requirements of this Chapter for any development that is de minimis. B. Determination of Applicability. A proposed development is de minimis if the Director determines, based on a review of an application for a coastal development permit, that the development satisfies all of the following requirements: 1. The proposed development is not located within an appeal area or within an area where the Coastal Commission retains permit jurisdiction. 2. The proposed development is consistent with the certified Local Coastal Program. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.52-12 Chapter 21.54 — Permit Implementation, Time Limits, and Extensions Sections: 21.54.010 Purpose 21.54.020 Use of Property 21.54.030 Effective Date of Permits; Notice of Final Action 21.54.040 Applications Deemed Approved 21.54.050 Performance Guarantees 21.54.060 Time Limits and Extensions 21.54.070 Changes to an Approved Project 21.54.080 Resubmittals 21.54.090 Covenants 21.54.010 — Purpose This chapter provides requirements for the implementation or "exercising" of permits listed in Table 5-1 and other approvals that are granted or issued in compliance with this Implementation Plan, including time limits and procedures for granting extensions of time. 21.54.020 Use of Property Required construction permits (e.g., building, grading, and other construction permits) may be issued following the effective date of the permit in compliance with Section 21.54.030. A. Compliance Required. Grading shall not be commenced and no structure shall be altered, enlarged, erected, moved, or rebuilt subject to the provisions of this part, except in compliance with the approved permit and associated conditions. B. Director's Determination. Conformity shall be determined by the Director or, in the case of disagreement with the applicant, by the applicable review authority. 21.54.030 — Effective Date of Permits; Notice of Final Action A. Effective Date. The approval of any permit for a project that is appealable to the Coastal Commission shall become effective upon the expiration of the Coastal Commission's 10 -working -day appeal period that begins the day after the receipt by the office of the California Coastal Commission of the City's Notice of Final Local Action, and where no appeal of the review authority's action has been filed by 2 Coastal Commissioners, the applicant, or any aggrieved person in compliance with the Coastal Act. B. Notice of Final Action. Final City action on permits for sites located within the City's Coastal Zone shall be documented by the Notice of Final Local Action which the City sends to the Coastal Commission. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-1.1 21.54.040 Applications Deemed Approved A permit application that is deemed approved by operation of law shall be subject to all applicable provisions of this Implementation Plan, which shall be satisfied by the applicant before a building or grading permit is issued or a use not requiring a building permit is established. 21.54.050 Performance Guarantees A. Deposit of Security. If the review authority finds that the issuance of a permit or other approval is reasonably likely to have a direct adverse impact on the health, safety, or welfare of the public if the condition(s) is not performed, the review authority may impose, as a condition of approval, a requirement that the applicant deposit security in an amount sufficient to ensure the faithful performance of the condition(s). 2. The security shall be in the form of cash, a certified or cashier's check, or a performance bond. If the applicant elects to fulfill the condition by providing a performance bond, the performance bond shall be issued by a surety currently authorized by the Insurance Commissioner to transact business in the State of California. The surety shall be of a financial size and have a financial rating acceptable to the City's Risk Manager. The form of the performance bond shall be subject to approval by the City Attorney. 3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director. 4. Security required in compliance with this section shall be payable to the City. B. Release of Security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released. C. Failure to Comply. Upon failure to perform any secured condition in a timely manner, the City may execute the condition, or cause it to be done, and may collect from the applicant, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs. 2. The unused portion of the security, if any, shall be refunded to the applicant after deduction of the costs recoverable by the City. D. Appeal. The Director's determinations under this section may be appealed to the Council by the applicant by filing an appeal with the City Clerk within fourteen (14) days after the decision in compliance with Chapter 21.64 (Appeals and Calls for Review). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-2.1 21.54.060 — Time Limits and Extensions A. Time Limits. Unless a condition of approval or other provision of this Implementation Plan establishes a different time limit, any permit or approval not exercised within twenty-four (24) months from the actual date of review authority approval shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section. 2. The permit shall not be deemed "exercised" until at least one of the following has first occurred: A grading permit has been issued and grading has been substantially completed; A building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official; C. A certificate of occupancy has been issued; d. he use is established; or e. A time extension has been granted in compliance with subsection (B) of this section. 3. In cases where a coastal development permit is required, the twenty-four (24) month time limit shall not begin until the effective date of approval of the coastal development permit. 4. If a project is to be developed in preapproved phases, each subsequent phase shall be exercised within twenty-four (24) months from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection (B) of this section. 5. If the project also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the tentative map, or the permit shall expire and become void and of no further effect. 6. Once exercised, any use that has been abandoned for at least one hundred eighty (180) days or changed shall be deemed void. B. Extensions of Time. Upon written request by the applicant, the Director, or the Commission under a referral or appeal, may extend the time for an approved permit or approval to be exercised. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-3.1 1. Filing and Review of Request. The applicant shall file a written request for an extension of time with the Department no less than thirty (30) days or more than ninety (90) days before the expiration date of the permit, together with the filing fee required by the City's fee schedule adopted by resolution. 2. Action on Extension Request. A permit or approval may be extended for no more than three additional twelve (12) month periods beyond the expiration of the original approval; provided, the Director, or the Commission under a referral or appeal, first finds that there have been no changes in the conditions or circumstances of the site or project so that there would have been grounds for denial of the original project. C. Effect of Expiration. After the expiration of a permit or approval in compliance with subsection (A) of this section (Time Limits), no further work shall be done on the site and no further use of the site shall occur until a new permit or approval and any required building permit or other City permits or approvals are first obtained. 21.54.070 — Changes to an Approved Project Development or a new use authorized through a permit granted in compliance with this Implementation Plan shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section. A. Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting information and materials explaining the reasons for the request. B. Minor Changes Approved by the Director Without a Public Hearing. The Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes: a. Are consistent with all applicable provisions of this Implementation Plan; Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project; Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and d. Do not result in an expansion or change in operational characteristics of the use. 2. The Director may choose to refer any requested change to the original review authority for review and final action. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-4.1 C. Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B) of this section (Minor Changes Approved by the Director Without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with Chapter 21.50 (Permit Application Filing and Processing) and the applicable provisions of Chapter 21.52 (Coastal Development Review Procedures). 21.54.080 – Resubmittals A. Resubmittal after Denial with Prejudice. For a period of twelve (12) months following the actual date of denial with prejudice by the applicable review authority, or, if appealed, the actual date of denial by the applicable review authority considering the appeal, of a coastal development permit or amendment, no application for the same or substantially similar permit or amendment shall be filed for the same site, or any portion thereof. B. Exception to Subsection (A) of this Section. The Director may allow exception to subsection (A) of this section based on one or more of the following findings: 1. New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant. 2. There has been a substantial and permanent change of circumstances since the previous hearing(s), that materially affects the applicant's real property. 3. A mistake was made at the previous hearing(s) that was a material factor in the denial(s) of the previous application. C. Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice. D. Director's Determination—Appeal. The Director shall determine whether a new application is for a permit or amendment that is the same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this section. 2. The Director's determination may be appealed to the Commission, in compliance with Chapter 21.64 (Appeals and Calls for Review). 21.54.090 – Covenants A. Applicability. When necessary to achieve the land use goals and policies of the General Plan, the City may require a property owner to record a covenant and/or other limitation(s) in favor of the City. A covenant: May be required to provide for necessary emergency access, landscaping, light and air access, open space, parking, public view protection, shoreline and bluff -top Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-5.1 access, solar access, resource protection, etc., or limitation(s) or restriction(s) on the use of property as a result of a project approval; and 2. Shall be imposed as a condition of approval by the review authority. B. Form of Covenant. The form of the covenant shall be approved by the City Attorney, and the covenant shall: 1. Describe the real property to be benefited by the covenant; 2. Identify the City permit or approval that relied on or required the covenant; and 3. Identify the purposes of the covenant. C. Recordation. A covenant shall be recorded in the County Recorder's Office. D. Effect of Covenant. 1. From and after the time of its recordation, a covenant shall provide notice to all persons to the extent afforded by the recording laws of the State. 2. The burdens of the covenant shall be binding on, and the covenant shall benefit all successors -in -interest to the real property. E. Enforceability. A covenant shall be enforceable by the successors -in -interest to the real property affected by the covenant, and the City. This section shall not create standing in any person, other than the City, and any owner of the real property affected by the covenant, to enforce or to challenge the covenant or any requested amendment or release. F. Release of Covenant. A covenant may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any affected person, including the City. 1. Process for Release. The release of a covenant shall require that the review authority first: a. Conduct a noticed public hearing in compliance with Chapter 21.62 (Public Hearings); and b. Find that the covenant on the site is no longer necessary to achieve the land use goals of the City. 2. Recordation. A notice of the release of the covenant shall be recorded by the Director in the County Recorder's Office. 3. Fees. The applicant for a release of a covenant shall pay the fee for the processing of the release in compliance with the City's fee schedule adopted by resolution. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.54-6.1 Chapter 21.62 — Public Hearings Sections: 21.62.010 Purpose 21.62.020 Notice of Public Hearing 21.62.030 Hearing Procedure 21.62.040 Decision 21.62.010 — Purpose This chapter provides procedures for public hearings required by this Implementation Plan. When a public hearing is required, advance notice of the hearing shall be given and the hearing shall be conducted in compliance with this chapter. 21.62.020 — Notice of Public Hearing This section provides notice requirements for coastal development permit applications requiring a public hearing in compliance with Public Resources Code Section 30603. A. Content of Notice. Notice of a public hearing shall include all of the following applicable information. Hearing Information. a. The date, time, and place of the hearing and the name of the review authority; b. A brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); The phone number, street address, and website of the City, where an interested person could call or visit to obtain additional information; d. A statement that an interested person or authorized agent may appear and be heard at the public hearing and the procedures for appeal; and e. A statement that if a person challenges the subject project in court, that person may be limited to raising only those issues that the person, or someone else speaking on their behalf, raised at the public hearing (described in the notice) or in written correspondence delivered to the City at, or before, the public hearing. 2. Project Information. a. The name of the applicant; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.62-1 b. The date of filing of the application; C. The City's file number(s) assigned to the application; d. A general explanation of the matter to be considered; e. A general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and f. If a negative declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the local CEQA guidelines, the hearing notice shall include a statement that the review authority will also consider approval or recommend approval of the negative declaration or certification of the Environmental Impact Report. 3. Coastal Zone information. The notice shall also include a statement that the project is located within the Coastal Zone and the system of City and Coastal Commission appeals, including any City fees required. B. Method of Notice Distribution. Notice of a public hearing required by this Implementation Plan shall be given as specified below. Publication. a. Notice. Notice for all matters, except for a Local Coastal Program amendment, shall be published at least once in a newspaper of general circulation in the City at least ten (10) calendar days before the scheduled hearing. b. Local Coastal Program Amendment Notice. Notice for a Local Coastal Program amendment shall be published at least once in a newspaper of general circulation in the City at least ten (10) working days before the scheduled hearing. 2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following: a. Project Site Owners and Applicant. The owners of the property being considered in the application, or the owners' agent, and the applicant or the applicant's agent; b. Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected; Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.62-2 contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section; d. Nearby residents. For projects located within the Coastal Zone, notice shall also be mailed or delivered to each dwelling unit located within a 100 -foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot. It shall be the responsibility of the applicant to obtain and provide to the Department the addresses of all dwelling units required by this section; e. Persons Requesting Notice. A person who has filed a written request for notice for that project site, or for City decisions within the Coastal Zone, with the Director; and f. Coastal Commission. The Coastal Commission. 3. Posting of a Sign and Notice. Notice shall be posted on or close to the subject property in a prominent location at least ten (10) days before the scheduled public hearing in the following manner: a. One or more signs shall be posted as determined by the Director. b. The size and location of the sign(s) shall be as determined by the Director. C. The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition. d. The project applicant shall remove all sign(s) at the end of the appeal period. 4. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), the Director may choose to provide the alternative notice specified by State law. 5. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority. 21.62.030 — Hearing Procedure A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given. B. Continued Hearing. A hearing may be continued without further notice, provided the official or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. C. Deferral of Final Decision. The review authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.62-3 21.62.040 — Decision A. Decision. The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 21.62.030 (Hearing Procedure). 2. The Director or Zoning Administrator, as applicable, may instead refer the matter to the Commission for a decision. B. Effective Date of Decision. 1. The decision of the applicable review authority is final and effective at the end of the appeal period. 2. The decision of the Council shall be final on any matter except for a Local Coastal Program amendment or an appealable coastal development project specified in 21.62.020 (Notice of Public Hearing), above. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.62-4 Chapter 21.64 — Appeals and Calls for Review Sections: 21.64.010 Purpose 21.64.020 Appeals or Calls for Review 21.64.030 Filing and Processing of Appeals and Calls for Review 21.64.035 Appeals to the Coastal Commission 21.64.040 Judicial Review of City Decision 21.64.010 — Purpose The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, and Planning Commission, and to establish provisions for appeals to the Commission. Any provision of this Implementation Plan relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 21.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. 21.64.020 — Appeals or Calls for Review A. Director. Interpretations of the Director may be appealed or called for review to the Planning Commission. B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Planning Commission. C. Planning Commission. Decisions of the Commission may be appealed or called for review to the Council. 21.64.030 — Filing and Processing of Appeals and Calls for Review A. Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Planning Commission or City Council, in the member's official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review. B. Timing and Form of Appeal and Calls for Review. An appeal shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review. General Appeals. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.64-5 C a. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was. (1) Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department; and (2) Appeals addressed to the Council shall be filed with the City Clerk on forms provided by the Clerk. (3) Calls for review addressed to the Planning Commission shall be filed with the Director on forms provided by the Department; and (4) Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk. Filing Fee. (1) Coastal Development Permits. No fee shall be required for appeals regarding coastal development permits. (2) An appeal regarding any other action other than a coastal development permit shall be accompanied by the filing fee identified in the City's master fee schedule. (3) A call for review is exempt from the payment of a filing fee. 2. Appeal by Coastal Commissioners. An appeal of a City decision on a Coastal Development Permit by two (2) Coastal Commissioners shall be subject to Section 21.64.035, below. Report, Scheduling, Noticing, and Conduct of Hearing. The decision from which an appeal or call for review has been made has no force of effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 21.64.020 (Appeals and Calls for Review). 2. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 21.62 (Public Hearings). 3. Conduct of Hearing. a. Review of an appeal from a decision of the Zoning Administrator or Commission shall be de novo. On review, the Council may sustain, reverse, or modify the decision of the Commission, or remand the matter for further consideration, which remand shall include either specific issues to be considered or a direction for a new hearing. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.64-5 A call for review of a decision of the Zoning Administrator, Planning Commission, or the Director, including Director interpretations, shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing. b. The review authority is not bound by the decision that has been appealed or called for review or limited to the issues raised on appeal. The review authority shall hear testimony of the appellant, the applicant, and any other interested party. The review authority shall consider the same application, plans, and project -related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority. D. Decision on Appeal or Call for Review. As provided in this Implementation Plan, the review authority may, based upon findings of fact about the particular case: a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the action on the appeal; b. Adopt additional conditions of approval that may address issues or concerns other than those that were the basis of the appeal; or C. Deny the permit approved by the previous review authority, even where the appellant only requested a change or elimination of one or more conditions of approval. 2. If new or different evidence is presented on appeal or review, the Commission or Council may refer the matter to the previous review authority for further consideration. 3. In the event of a tie vote by the review authority on an appeal or call for review, the decision being appealed shall stand. 21.64.035 —Appeal to the Coastal Commission A final action taken by the City on a Coastal Development Permit application for appealable development as defined in Subsection A., below, may be appealed to the Coastal Commission in compliance with this Section. A. Appealable development - Public Resources Code Section 30603(a). A decision by the City on a Coastal Development Permit application within the appeal areas depicted on the Permit and Appeal Jurisdiction Map or a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission. B. Status of appellant. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.64-5 Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two (2) members of the Coastal Commission in compliance with Public Resources Code Section 30625. 2. Aggrieved Person Defined. As provided by Public Resources Code Section 30801, an aggrieved person is anyone who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either. C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on a Coastal Development Permit application to the Coastal Commission only after exhausting all appeals to the Planning Commission and Council in compliance with this Chapter. This limitation shall not apply to any circumstance identified in Code of Regulations Section 13573, including: An appellant was denied the right of appeal under this Chapter because City notice and hearing procedures did not comply with Title 14, Division 5.5, Chapter 8, Subdivision 2 of the Code of Regulations; or 2. An appeal of a City decision was filed by two (2) members of the Coastal Commission in compliance with Public Resources Code Section 30625. (Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance with Code of Regulations Section 13573(b). The appeal shall be suspended where the City decision has been appealed. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal of that decision if deemed appropriate and necessary.) D. Grounds for Appeal to Coastal Commission - Public Resources Code Section 30603. The grounds for an appeal to the Coastal Commission of a City decision on a Coastal Development Permit application are as follows: 1. For approval of a Coastal Development Permit as described in Subsection A., above, an allegation that the project does not conform to the standards of the Local Coastal Program or the public access policies of the Coastal Act; 2. For denial of a development described in Subsection A., above, an allegation that the project conforms to the standards of the Local Coastal Program and the public access policies of the Coastal Act. E. Notice of Final Action on Appeals within the Coastal Zone. Where an appeal has been filed and decided on a project that is appealable to the Coastal Commission in compliance with this Section, the City shall provide notice of the final action. F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a Council decision on an appealable development shall be filed with the Coastal Commission within ten (10) working days of the receipt by the Coastal Commission of adequate notice of final City action, in compliance with this Chapter and the Coastal Act. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.64-5 G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the City when appealing to the Coastal Commission by providing the City a copy of the appeal within five (5) days of filing the appeal. 21.64.050 — Judicial Review of City Decision A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable, to the Commission and Council have been first exhausted in compliance with this chapter. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.64-5 Chapter 21.66 — Amendments Sections: 21.66.010 Purpose 21.66.020 Initiation of Amendment 21.66.030 Processing, Notice, and Hearing 21.66.040 Required Findings 21.66.050 Commission Recommendation 21.66.060 Council Decision 21.66.075 Submittal to the Coastal Commission 21.66.085 Effective Dates 21.66.010 — Purpose This chapter provides procedures for the amendment of the Local Coastal Program. 21.66.020 — Initiation of Amendment An amendment may be initiated in the following manner: A. Council. By the Council, with or without a recommendation from the Commission; B. Commission. By the Commission; C. Property Owner(s). An amendment to the Coastal Land Use Plan Map or Coastal Zoning Map may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s) of property for which the amendment is sought. All owners or their authorized agents shall join in filing the application; or C. Public Works/Energy Facilities. Pursuant to California Public Resources Code Section 30515, any person or agency authorized to undertake a public works project or proposing an energy facility development may apply for an amendment to the Local Coastal Program if the purpose of the proposed amendment is to meet public needs of an area greater than that included within the Local Coastal Program that had not been anticipated by the person or agency making the request at the time the Local Coastal Program was before the Coastal Commission for certification. If, after review pursuant to the requirements of this Article, the City Council does not amend the Local Coastal Program, such person or agency may file a request for amendment to the Local Coastal Program with the Coastal Commission. 21.66.030 — Processing, Notice, and Hearing If initiated by the filing of an amendment application: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.66-1 A. Process. The application shall be processed in compliance with Chapter 21.50 (Permit Application Filing and Processing). B. Notice. Notice of the public hearings shall be provided in compliance with Chapter 21.62 (Public Hearings). C. Hearing. The applicable review authority shall conduct one or more public hearings regarding the amendment. 2. The public hearings shall be conducted in compliance with Chapter 21.62 (Public Hearings). 21.66.040 — Required Findings An amendment to the Local Coastal Program may be approved by the City only if all of the following findings are first made. A. The proposed amendment is consistent with the General Plan, Coastal Land Use Plan, Coastal Act, and any applicable specific plan; and B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 21.66.050 — Commission Recommendation The Commission shall recommend approval, approval with modifications, or denial of the amendment to the Council. A. Action by the Commission. 1. If approved or approved with changes, the Commission shall make and file a report of its findings and recommendations with the Council. 2. Failure of the Commission to take action on the proposed amendment shall be deemed to be denial of the proposed amendment by the Commission. B. Denial by the Commission. If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 21.64 (Appeals and Calls for Review). 21.66.060 —Council Decision A. Time of Hearing. The decision of the Council shall be rendered within sixty (60) days after the receipt of a report and recommendation of approval from the Commission or within sixty (60) days after the filing of an appeal of the Commission's action to deny the amendment. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.66-2 B. Notice of Appeal. Notice shall be given to the Commission of the appeal, and the Commission shall submit a report of its findings and recommendations to the Council specifying the reasons for the Commission's decision. C. Council's Decision. Upon receipt of the Commission's recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment. D. Referral. If the Council proposes to adopt a substantial change to the amendment not previously considered by the Commission, the proposed change shall be first referred to the Commission for its recommendation. 2. Failure of the Commission to take action on the proposed change within forty-five (45) days shall be deemed to be approval of the proposed change by the Commission. 21.66.075 — Submittal to the Coastal Commission A. Compliance with Coastal Act required. An amendment to the Local Coastal Program approved by the Council in compliance with this Chapter shall be prepared for submittal, filed with the Coastal Commission, and processed and decided by the Coastal Commission in compliance with the Coastal Act. B. Submittal to the Coastal Commission. Frequency of Submittals. Only three submittals of proposed Local Coastal Program amendments shall be allowed in any single calendar year. However, there are no limitations on the number of amendments included in each of the three submittals. 2. Submittal. Submittal of a Local Coastal Program amendment shall be made in compliance with the resolution adopted by the Council and submitted by the City to the Coastal Commission in compliance with Code of Regulations Section 13551. Contents. The contents of the Local Coastal Program amendment application shall be in compliance with Code of Regulations Section 13552. 3. Notice of availability. Notice of the availability of the review draft of the Local Coastal Program amendment shall be made as soon as the draft is available, but at a minimum of at least six (6) weeks before final City action on the document in compliance with Code of Regulations Section 13515(c). C. Following action by Coastal Commission. Action by Coastal Commission. After certification of a Local Coastal Program amendment, the Coastal Commission shall transmit copies of the resolution of certification and any suggested modifications and findings to the City in compliance with Code of Regulations Section 13544.5 (Effective Date of Certification of a Land Use Plan). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.66-3 2. Action by the City. The City shall then: a. Acknowledge receipt of the Coastal Commission's resolution of certification including any terms or modifications which may have been required for final certification; b. Consider the terms and modifications; and C. Take appropriate action regarding the terms and modifications. 21.66.085 — Effective Dates An amendment to the Local Coastal Program shall not become effective until final certification by the Coastal Commission, in compliance with the Public Resources Code and the Coastal Commission Administrative Regulations, and final approval by the Council. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.66-4 Chapter 21.68 — Enforcement Sections: 21.68.010 Purpose 21.68.020 Permits and Approvals 21.68.050 Legal Remedies 21.68.010 — Purpose This chapter establishes provisions that are intended to ensure compliance with the requirements of this Implementation Plan and any conditions of a permit or approval. However, nothing contained within this chapter shall prohibit the City from taking or initiating any other enforcement actions as provided for by this Implementation Plan or other applicable law. 21.68.020 — Permits and Approvals A. Compliance with Implementation Plan. All departments, officials, and employees of the City who are assigned the authority or duty to issue approvals or permits shall only do so in compliance with the provisions of this Implementation Plan. B. Permits Deemed Void. An approval or permit issued in conflict with the provisions of this Implementation Plan shall be deemed void. 21.68.050 — Legal Remedies The City may choose to undertake any one or all of the following actions to correct and/or abate any violations of this Implementation Plan. A. Code Enforcement. The City may use any or all of the code enforcement provisions specified in Title 1 of the Newport Beach Municipal Code. B. Revocations or Changes. Any real property found to be used, maintained, or allowed to exist in violation of any permit(s) approved by the City may subject the permit to revocation or change proceedings. Revocations. The City's action to revoke a permit shall have the effect of terminating the permit and disapproving the privileges granted by the original approval. 2. Changes. The City's action to change or add any conditions attached to a permit instead of revoking it may include any aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.68-1 necessary to ensure that the permit or variance is operated or implemented in a manner consistent with the original findings for approval. C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this Chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.68-2 Chapter 21.70 — Definitions Sections: 21.70.010 — Purpose of Part 21.70.020 — Definitions of Specialized Terms and Phrases 21.70.010 — Purpose of Part This part provides definitions of terms and phrases used in this Implementation Plan that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the most common dictionary definition is presumed to be correct. As used in this Implementation Plan, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise. 21.70.020 — Definitions of Specialized Terms and Phrases A. "A" Definitions "Abandon" means to cease or suspend from developing or maintaining a structure or use for a stated period of time. ABC. See "Alcoholic Beverage Control (ABC)." "Abutting/adjoining" means contiguous to, having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street). See "Adjacent." "Access" means a safe, adequate, and usable way of approaching or entering a property or use, including ingress (the right to enter) and egress (the right to exit). Accessory Dwelling Unit (Land Use). See "Dwelling unit, senior accessory." Accessory Structure (Land Use). 1. "Nonresidential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a nonresidential structure and that does not change the character of the nonresidential structure. Illustrative examples of these structures include: a. Decks. b. Fences. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-1 C. Garages. d. Gazebos. e. Kiosks and carts for selling beverages, food, clothing, phones, toys, etc. f. Outdoor fireplaces. g. Outdoor kitchens. h. Outdoor play equipment. i. Patios. j. Platforms. k. Porches. I. Refuse collection structures/trash enclosures. M. Spas and hot tubs. n. Storage or work sheds. o. Swimming pools. P. Tennis and other on-site sport courts. q. Terraces. r. Walls. S. Workshops. 2. "Residential accessory structure" means an attached or detached structure that is a part of, and clearly incidental and secondary to, a residence and that does not change the character of the residential structure. Does not include granny units (see "Accessory dwelling unit"). Illustrative examples of these structures include: a. Carports. b. Decks. C. Fences. d. Fireplaces and fire pits. e. Garages. f. Gazebos. g. Greenhouses (noncommercial). h. Outdoor play equipment. i. Patios. j. Platforms. k. Porches. I. Spas and hot tubs. M. Storage or work sheds. n. Studios. o. Swimming pools. P. Tennis and other on-site sport courts. q. Terraces. r. Walls. S. Workshops. Accessory Use (Land Use). "Nonresidential accessory use" means a use that is at all times a part of, and clearly incidental and secondary to, a principal use; that does not change the character of the nonresidential use; and that does not necessitate an increase in required number of parking spaces. Includes the retail sales of various products or the provision of services in Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-2 a defined area that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and that is typically not visible from public streets. Does not include accessory alcohol sales, off -sale or on -sale (see "Alcohol sales"). Illustrative examples of these uses include: a. ATMs. b. Child day care. C. Dry cleaning (collection/pick-up only). d. Food service establishments. e. Gift shops. f. Newsstands. g. Pharmacies. h. Travel services. i. Vending machines. j. Personal service, general. 2. "Residential accessory use" means a use that is a part of, and clearly incidental and secondary to, a residence; located on the same lot as a residence; and that does not change the character of the residential use. Illustrative examples of these uses include: a. Home occupations. b. Personal property sales (i.e., garage or yard sales). "Accretion" means enlargement of a beach area caused by either natural or artificial means. Natural accretion on a beach is the build-up or deposition of sand or sediments by water or wind. Artificial accretion is a similar build-up due to human activity, such as the accretion due to the construction of a groin or breakwater, or beach fill deposited by mechanical means. "Adjacent" means the condition of being near to, or close to, but not having a common boundary or dividing line. Properties that are separated by a public access easement, alley, public or private right-of-way, street (other than arterial highways or commuter roadways identified in the Circulation Element of the General Plan), or by a creek, river, stream, or other natural or artificial waterway shall be considered as adjacent to one another. See "Abutting/adjoining." Adjoining. See "Abutting/adjoining." Adult Day Care (Land Use). See "Day care." Adult -Oriented Businesses (Land Use) means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio, adult motel/hotel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult-oriented business" does not include those uses or activities, the regulation of which is preempted by State law. A business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-3 describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist: 1. The area devoted to adult merchandise and/or sexually oriented material exceeds more than twenty-five (25) percent of the total display or floor space area open to the public; 2. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least four times in any month; 3. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. "Affordable housing agreement" means an agreement entered into between the City and a developer that restricts the rental or sale of affordable units to very low-income, low-income, and/or moderate -income households. See "Very low-income household," "Low-income household," and "Moderate -income household." "Agent" means a person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, commissions, and the Council, regarding matters regulated by this Implementation Plan. "Aggrieved Person" meansanyone who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either (Public Resources Code Section 30801). "Alcohol sales, off -sale (land use)" means an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises and that is applying for or has obtained an ABC License Type 20 (off -sale beer and wine—package store) or License Type 21 (off -sale general—package store). The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. Does not include an establishment that sells alcoholic beverages as an accessory line of merchandise. See "Alcohol sales, off -sale, accessory only." "Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics: 1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away; 2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine—package store) or License Type 21 (off -sale general—package store); and 3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-4 area of the use. Illustrative examples include convenience markets, drug stores, grocery stores, and supermarkets, but do not include convenience markets. "Alcohol sales, on -sale" means an establishment that sells, serves, or gives away alcoholic beverages for consumption on the premises and that is applying for or has obtained any ABC Licenses for on-site consumption. The establishment shall include any immediately adjacent area that is owned, leased or rented, or controlled by the licensee. May include "Bars, lounges, and nightclubs," "Eating and drinking establishments," or "Alcohol sales, on -sale, accessory only." "Alcohol sales, on -sale, accessory only (land use)" means an establishment that has all of the following characteristics: 1. Alcoholic beverages will be or are sold, served, or given away for consumption on site; 2. The establishment is applying for or has obtained a restricted license, seasonal license, or similar special purpose license (e.g., ABC License Type 51 (Club); ABC License Type 57 (Special On -Sale General); ABC License Type 60 (On -Sale Beer—Seasonal), etc.); and 3. The sale of alcoholic beverages is only accessory to a commercial recreation use. Illustrative examples include snack bars and concession stands at recreation facilities. 4. Not more than thirty (30) percent of the net floor area of the primary use is dedicated to alcohol sales/display. "Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine or beer that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. "Alcoholic Beverage Control (ABC)" means the California State Department of Alcoholic Beverage Control. "Alley" means a public or private roadway or easement, generally not more than thirty (30) feet wide, that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation. "Allowed use" means a use of land identified by Part 2 of this Implementation Plan (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as a permitted or conditional use that may be established subject to compliance with applicable provisions of this Implementation Plan. "Alteration" means a change, addition, or modification in construction or occupancy of an existing structure. "Alteration, structural" means a change or replacement in the supporting members of a structure (e.g., bearing walls, columns, beams, girders, foundations, etc.). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-5 "Alternative transportation modes" means a mode of travel that serves as an alternative to the single -occupant motor vehicle (e.g., carpooling, ridesharing, vanpooling, public transit, bicycling, walking, etc.). "Ambulance services (land use)" means a privately owned facility for the dispatch, storage, and minor maintenance of emergency medical care vehicles. Animal -Keeping (Land Use). "Animal, domestic farm" means an animal, other than a household pet, that is customarily considered to be livestock and is kept for noncommercial education or recreation purposes (e.g., fowl, goats, pigs, sheep, horses, cattle, etc.). Does not include potbellied pigs. 2. "Animal, domestic pet" means a type of animal that is customarily kept by humans for companionship and that lives in or near human habitation (e.g., cats, dogs, gerbils, hamsters, guinea pigs, rabbits, nonpoisonous reptiles and snakes, etc.). Includes potbellied pigs. 3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in California Code of Regulations Title 14, Section 671 (Importation, Transportation and Possession of Live Restricted Animals). Animal Sales and Services (Land Use). "Animal boarding/kennel" means an establishment where more than three dogs over the age of four months, three cats over the age of four months, or three other animals are treated, conditioned, boarded, raised, or offered for sale for any form of compensation including donations by a person or entity. 2. "Animal grooming" means an establishment that bathes, clips, or combs animals for the purpose of enhancing their aesthetic value or health. 3. "Animal retail sales" means retail sales and boarding of animals offered for sale. 4. "Veterinary service" means an establishment where veterinarians provide medical and surgical treatment to animals and accessory boarding services. "Antenna" means a device used to transmit and/or receive radio or electromagnetic waves between earth and/or satellite -based systems (e.g., reflecting discs, panels, microwave dishes, whip antennas, antennas, etc.). "Amateur radio antennas" means an antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. 2. "Antenna structure" means a supporting mast or tower for an antenna. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-6 3. "Mast" means a pole of wood or metal used to support an amateur radio antenna and maintain it at the proper elevation. 4. "Satellite dish antenna" means a parabolic and/or disk -shaped antenna of either solid or mesh construction, intended for the purposes of receiving communications from an orbiting satellite, transceiving or transmitting signals or communications to a satellite, as well as supporting equipment necessary to install or mount the antenna. 5. "Whip antenna" means an antenna, consisting of a single, slender, rod-like element less than one wavelength long, that is supported only at or near its base. "Apartment" means one or more rooms of a structure designed for and rented as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit, in a structure containing at least five units used for the same purpose, all under one ownership. See "Dwelling, multi -unit." "Appeal Area" means that portion of the Coastal Zone, designated in compliance with California Coastal Act Section 30603 and approved by the Coastal Commission, in which City decisions on Coastal Development Permits may be appealed to the Coastal Commission. The appeal area(s) is/are depicted on the Permit and Appeal Jurisdiction Map. See "Permit and Appeal Jurisdiction Map." "Applicant" means owner(s) or owner -authorized lessee(s) of property, or prospective owner(s)/lessee(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits, or their agent(s) (see "Agent"), or who are seeking to obtain a development permit. This term includes the successor(s)-in-interest. "Approval in Concept" as defined in Subsection 21.52.015, (Coastal Development Permits), a statement that a proposed development project conforms in concept to all applicable City land use and property development regulations and standards, including applicable discretionary actions, and therefore entitles an owner to apply to the Coastal Commission for a Coastal Development Permit. "Aquaculture" means a form of agriculture devoted to the controlled growing and harvesting of fish, shellfish, and plants in marine, brackish, and fresh water. "Area, net public" means the total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. "Artist's studio (land use)" means work space for artists and artisans, including individuals practicing one of the fine arts, or skilled in an applied art or craft, and producing custom-made works. Does not include handicraft industries (see "Handicraft industry"). "Assembly/meeting facilities, public or private (land use)" means a facility for public or private assembly and meetings. May include incidental serving of alcoholic beverages. Illustrative examples of these uses include: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-7 Banquet rooms. Civic and private auditoriums. 3. Community centers. 4. Conference/convention facilities. 5. Meeting halls for clubs and other membership organizations. 6. Places of worship, including limited associated accessory uses (i.e., religious school activities that are not full-time and residences for clergy (see "Caretaker residence"), and excluding schools with regular daily sessions. 7. Sports stadiums and arenas. Yacht clubs. Also includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, etc.). Does not include conference and meeting rooms that are accessory and incidental to another principal use and typically used only by on-site employees and clients, and that occupy less floor area on the site than the principal use they support. Does not include sports or other commercial entertainment facilities (see "Commercial entertainment and recreation"). Does not include funeral homes and mortuaries (see "Funerals homes and mortuaries"). Related on-site facilities including day care centers and schools are separately defined (see "Day care, general' and "Schools, public and private"). "ATM (automated teller machine) (land use)" means an automated device used by the public to conduct banking and financial transactions electronically (i.e., withdrawing cash from, or depositing cash or checks into, a bank, savings, credit union, credit card or similar account). Does not apply to retail point-of-sale transactions within a fully enclosed structure. "Attic" means an unfinished enclosed area that is not habitable and that is located between roof framing and the adjacent ceiling/side walls of immediately adjacent habitable rooms. Sometimes used for storage or mechanical equipment. "Awning" means an ornamental roof -like cover that is attached to the side or wall of a structure and projects over a window, doorway, or pedestrian walkway for protection from the sun or weather (see "Canopy" and "Patio cover"). B. "B" Definitions. "Balcony" means a platform that projects from the wall of a structure, typically above the first level; is not supported by columns or pillars; and is surrounded by a rail or parapet. See "Deck." Bar. See "Eating and drinking establishments." Basement. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-8 "Subterranean basement" means that portion of a building located below grade, provided the finished floor above is not more than eight inches above grade at any point. 2. "Daylight basement" means that portion of a building that is partly below grade, but with the finished floor above more than eight inches above grade at any point. Also includes a "walkout" basement, which provides access from the basement to the outside. "Bay window" means a window or series of windows that project outward from a wall of a structure forming a bay or alcove in a room within. This definition includes bow, oriel, greenhouse, and similar projecting windows. "Beach" means the expanse of sand, gravel, cobble, or other loose material that extends landward from the mean low water line to the place where there is distinguishable change in physiographic beach form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line. Bed and Breakfast Inns. See "Visitor accommodations." "Bedroom" means an enclosed space in a structure that is designed to be used for sleeping purposes; that meets the room dimension requirements of the most recent edition of the California Building Code; that is not accessed directly from the garage; and that has one or more windows. "Berm" means a mound or embankment of earth. Also a nearly horizontal portion of the beach or backshore formed by the deposit of material by wave action. "Berth" means any location such as a floating dock, slip, side tie, mooring and the related area (berthing area or space) adjacent to or around it, allocated to tie up and/or store a boat. "Best management practices (BMPs)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges; and a program, technology, process, siting criteria, operational methods or measures, or engineered system that, when implemented, prevents, controls, removes, or reduces pollution. Examples of BMPs include public education and outreach, proper planning of development projects, as well as stormwater treatment and detention facilities. "Site Design BMP" means any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low-density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered Site Design BMPs. "Source control BMP (both structural and non-structural)" means land use or site planning practices, or structures that aim to prevent urban runoff and stormwater pollution by reducing the potential for contamination at the source of pollution. Source Control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-9 "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological or chemical process. "Block" means an area of land that is bounded on all sides by streets, or by streets and a beach or bulkhead, or by streets and a cul-de-sac or by another form of termination of the street. "Bluff" means a high bank or bold headland that slopes down to a body of water or a plain. A bluff may consist of a gently sloping upper area and a steeper lower area. "Bluff, Coastal" means a bluff overlooking a beach or shoreline or that is subject to marine erosion. For purposes of establishing jurisdictional and permit boundaries, (1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and (2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as an Appeal Area. "Bluff edge" means the upper termination of a bluff. In cases where the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the bluff edge shall be defined as that point nearest the bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a step-like feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Bluff edges typically retreat landward due to erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top or bluff face has been cut or notched by grading, the bluff edge shall be the landward -most position of either the current or historic bluff edge. In areas where fill has been placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be the bluff edge. "Bluff face" means the downward gradient of a bluff surface between the bluff edge and the toe of the bluff. "Bluff toe" means, for bluffs subject to marine erosion, the point at which the landward extent of the mean high water line of the sea meets the face of the bluff. For bluffs not subject to marine erosion, the point where the downward slope of the bluff face first decreases to a grade of less than thirty-three (33) percent. "Boarding or rooming house" means a residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. See "Group residential." Boat Rentals and Sales. See "Marine rentals and sales. Boat Storage. See "Marine services." Boat Yard. See "Marine services." "Buildable area" means the area of a development site, excluding the minimum front, side, and rear setback areas as applied to residential properties only. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-10 "Breakwater" means a structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure. "Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind. See "Structure." "Building Code" means Title 15 (Buildings and Construction) of the Newport Beach Municipal Code. "Building materials and services (land use)" means retailing or wholesaling of building supplies or equipment (e.g., fixtures, glass, lawn and garden supplies, lumber, nursery stock, paint, tools, wallpaper, etc.) where the majority of display, sales, and storage activities occur indoors. Rental activities are incidental to the sales activities. Does not include "Contractor's storage yards," "Retail sales, general," or "Wholesaling." "Building site" means a lot and/or adjoining lots that constitute a site eligible for building development under the requirements of Title 19 (Subdivision Code) of the City of Newport Beach Municipal Code and this Implementation Plan, Bulk Merchandise (Land Use). See "Retail sales." "Bulkhead" means vertical walls built into and along the harbor shoreline to prevent the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riprap) or sand beach between the bulkhead and the water and land areas. "Bulkhead line" means harbor land/water perimeter lines that are established in Newport Harbor by the Federal government and for the purpose of defining the permitted limit of filling or solid structures that may be constructed in the harbor. "Business park" means a development that contains a number of separate office buildings, accessory and supporting uses, and open space, all designed, planned, constructed, and maintained on a integrated and coordinated basis. C. "C" Definitions. "Calendar day" means a 24-hour time period measured from midnight to midnight. "California Environmental Quality Act (CEQA)" means a State law (California Public Resources Code Section 21000 et seq.). "Canopy" means a roof -like cover, supported from the ground or from the floor or walls of a structure, for protection from the sun or weather. Does not include "Carport." See "Awning" and "Patio cover." "Canyon" means a deep narrow valley with precipitous sides formed by the downward cutting of streams through resistant rock. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-11 "Canyon Edge" means the upper termination of a canyon: In cases where the top edge of the canyon is rounded away from the face of the canyon as a result of erosional processes related to the presence of the canyon face, the canyon edge shall be defined as that point nearest the canyon beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the canyon. In a case where there is a steplike feature at the top of the canyon face, the landward edge of the topmost riser shall be taken to be the canyon edge. "Canyon Face" means the downward gradient of a canyon surface between the canyon edge and base. "Caretaker residence (land use)" means a permanent residence on the site of a nonresidential use. The residence is secondary or accessory to the principal nonresidential use of the site and houses a caretaker employed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, facilities, or other conditions on the site. Includes an official residence maintained by a place of worship as a benefit to the spiritual leader (e.g., imam, minister, monk, rabbi, etc.). "Carport" means a structure or portion of a structure, open or enclosed by walls or doors on not more than three sides, that is designed and intended to shelter one or more parking spaces. Carwash. See "Vehicle/Equipment Services (Land Use)." Categorical Exemption. As defined by Section 15354 of the State CEQA Guidelines (Title 14, California Code of Regulations), an exemption from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment. "Categorical Exclusion Area" means that portion of the Coastal Zone within an exclusion area boundary adopted in compliance with the California Coastal Act (Public Resources Code Sections 30000 et seq.) and depicted on the Permit and Appeal Jurisdiction Map. See "Permit Appeal and Jurisdiction Map." "Categorical Exclusion Order" means decision issued by the California Coastal Commission in compliance with the Coastal Act (Public Resources Code Section 30610(e)), in which the Coastal Commission excludes certain categories of development from requirements to obtain coastal development permits from the Coastal Commission. A categorical exclusion order automatically terminates upon the effective date of the delegation of development review authority to a local government in compliance with California Code of Regulations Section 13249(b). "Catering service (land use)" means an establishment that prepares and delivers food and beverages for off-site consumption, without facilities for on-site pick-up or consumption. See "Eating and drinking establishments." "Change in the Intensity of Use of Land" means a change in the intensity of use of land which is determined by the Director likely to result in a significant new or increased impact due to a greater level of activity, population density, traffic generation, parking demand, dust, odor, noise, or similar impacts. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-12 "Change of use" means a discontinuance of a use and the substitution of a different use. "Channel" means a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on Federal navigation charts, as well as in other sources. "Charter Vessel" means a vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. Child Day Care. See "Day care." "City" means the City of Newport Beach. "City Council" means the City of Newport Beach City Council. "City Manager" means an individual designated by the City Council as City Manager, or a duly designated representative of the City Manager. Coastal Bluff. See "Bluff, Coastal." "Coastal access" means the ability of the public to pass from public rights-of-way to the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, coastal blufftops, and coastal recreation areas and trails. "Coastal Act" means the California Coastal Act of 1976, as amended. "Coastal Commission" means the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Public Resources Code Sections 30000 et seq.) and for appellate review of decisions rendered by a City review authority. "Coastal Development Permit (CDP)" means a permit for any development within the Coastal Zone that is required pursuant to subdivision (a) of Section 30600. "Coastal Development Permit, Emergency" means an authorization by the Director to proceed with any development within the Coastal Zone which is remedial, immediate and temporary to respond to an urgent and critical situation provided that later compliance with coastal development permit requirements is assured if the development is to be permanent. "Coastal Land Use Plan (CLUP)" means the certified Land Use Plan (LUP) of the Local Coastal Program of the City of Newport Beach. "Coastal Plan" means the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-13 "Coastal View or Viewshed" means a view to or along the ocean, bay, harbor, coastal bluff, or other scenic coastal area. "Coastal Zone" means the geographic zone adjacent to the shoreline, the land and water area boundaries of which are determined by the California Coastal Act of 1976, as amended (Public Resources Code Sections 30000 et seq.). "Coastal -dependent Development or Use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from California Public Resources Code, Section 30101). "Coastal -related Development or Use" means any development or use that is dependent on a coastal -dependent development or use (from California Public Resources Code, Section 30101.3). "Commercial filming" means commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. "Commercial recreation and entertainment (land use)" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Does not include "Adult-oriented businesses" or "Bars, lounges, and nightclubs." Illustrative examples of commercial recreation and entertainment uses include: 1. Arcades or electronic games centers having three or more coin-operated game machines. 2. Amusement parks. 3. Bowling alleys. 4. Billiard parlors. 5. Cinemas. 6. Golf courses. 7. Ice/roller skating rinks. 8. Internet cafes. 9. Miniature golf courses. 10. Pool rooms. 11. Scale -model courses. 12. Sports stadiums and arenas. 13. Tennis/racquetball courts. 14. Theaters. "Commission" means the City of Newport Beach Planning Commission, referred to in this Implementation Plan as the "Commission." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-14 "Common interest development" means any of the following: 1. A community apartment project; 2. A condominium project; 3. A planned development; or 4. A stock cooperative. Common Open Space. See "Open space." "Communication facility (land use)" means an establishment that provides commercial and public communications services (e.g., radio and television broadcasting and receiving stations and studios, etc.) with facilities contained entirely within structures. Does not include transmission and receiving apparatus, including antennas and towers (see "Wireless Telecommunications Facilities"). "Compatibility" means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Elements affecting compatibility include: intensity of occupancy, pedestrian or vehicular traffic generated, volume of goods handled, and environmental effects (e.g., air pollution, glare, hazardous materials, noise, vibration, etc.). "Conditional use" means a use of land allowed in a particular coastal zoning district subject to the approval of a conditional use permit. "Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in California Civil Code Section 1351. "Condominium project" means an entire lot proposed to be used or divided, as land or airspace, into two or more units as a condominium. "Condominium unit" means the particular area of land or airspace that is designed, intended, or used for exclusive possession or control by individual owners or occupiers. "Congregate care home (land use)" means age -segregated housing built specifically for the elderly that provides services to its residents, the minimum of which is usually an on-site meal program, but which may also include housekeeping, laundry, social activities, counseling, and transportation (sometimes referred to as "assisted living facilities"). Does not include "Convalescent facilities." "Contour" means a line on a topographic map or bathymetric (depth) chart representing points of equal elevation with relation to a datum (point or set of points). Contour lines are usually spaced into intervals for easier comprehension and utilization. "Contractor's storage yards (land use)" means indoor and/or outdoor storage facilities operated by, or on behalf of, a contractor licensed by the State of California (e.g., building contractors, landscape contractors, sign contractors, etc.) for storage of large equipment, vehicles, and/or other materials commonly used in the individual contractor's type of business; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-15 storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for related offices and repair activities. "Convalescent facility (land use)" means an establishment that provides care on a twenty-four (24) hour basis for persons requiring regular medical attention (may also be referred to as a "nursing home" or "hospice"). Does not include facilities providing emergency medical services or surgical services ("Emergency health facilities," "Hospitals," or "Outpatient surgery facilities"). "Convenience market" means a retail establishment that sells prepackaged food items, beverages and small convenience items (e.g., periodicals, tobacco, miscellaneous household and pharmaceutical goods, etc.) primarily for off-site consumption; that typically has late hours of operation; and that is in a relatively small structure located along heavily traveled streets. This term excludes delicatessens and other specialty food shops and establishments that carry a sizeable assortment of fresh fruits, fresh vegetables, and fresh -cut meat or fish (see "Supermarket"). Includes an establishment located within or associated with another use (e.g., service stations). "County" means the County of Orange in the State of California. "Covered parking space" means a parking space that is within a carport. "Cultural institution (land use)" means a public or private institution that displays or preserves objects of community or cultural interest in one or more of the arts or sciences. Illustrative examples of these uses include: 1. Libraries. 2. Museums. "Cumulative effect" means the effect of an individual project in combination with the effects of past projects, other current projects, and probable future projects. "Current" means a flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy. Currents are often classified by location, such as longshore current, surface current, or deep ocean currents. Different currents can occur in the same general area, resulting in different water flows, for example, a rip current can flow perpendicular to the shore through the surf zone, a long shore current may flow southerly, parallel to the coast and a seasonal deep water current may flow to the north. D. "D" Definitions. "Day" means, unless otherwise specified, a calendar day. See "Calendar day." "Day care (land use)" means nonresidential, nonmedical care and supervision of fourteen (14) or fewer persons on a less than twenty-four (24) hour basis. 1. Child Day Care. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-16 a. "Child day care, small (eight or fewer children)" means day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for eight or fewer children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. b. "Child day care, large (nine to fourteen (14) children)" means day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for nine to fourteen (14) children. Children under the age of ten (10) years who reside in the dwelling count as children served by the day care facility. Fifteen (15) or More Children. See "Day care, general' for facilities serving fifteen (15) or more children. 2. Adult Day Care. a. "Adult day care, small (six or fewer adults)" means day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for six or fewer adults. b. "Adult day care, large (seven to fourteen (14) adults)" means day care facilities located in single -unit dwellings where an occupant of the dwelling provides care and supervision for seven to fourteen (14) adults. Fifteen (15) or More Adults. See "Day care, general' for facilities serving fifteen (15) or more adults. "Day care, general (land use)" means an establishment that provides nonmedical care for persons on less than a twenty-four (24) hour basis, including nursery schools, preschools, and day care centers for children or adults. General day care establishments may be accessory to an industrial, commercial, or institutional use. "Deck" means a platform, either freestanding or attached to a structure that is supported by pillars or posts. See "Balcony." "Dedication" means the conveyance by an owner or developer of private land for public use and the acceptance of land for public use by the governmental agency having jurisdiction over the public function for which it will be used. "Dedication fee, in lieu of" means cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as "in -lieu fees" or "in -lieu contributions." "Deepwater areas" means those marine or estuarine areas below extreme low water of spring tides and include estuaries and open coastal waters. See also "Estuaries" and "Open Coastal Waters." "Demolition" means the deliberate removal or destruction of the frame or foundation of a portion of a structure. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-17 "Density" means the number of dwelling units per unit of land; usually density is expressed "units per acre," or "minimum land area per unit." Thus, the density of a development of one hundred (100) units occupying twenty (20) acres is five units per acre. "Density bonus" means, as defined by Government Code Section 65915 et seq., an increase over the maximum density otherwise allowed by the applicable zoning district that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to very -low- and low-income households. See "Very low-income household" and "Low-income household." Detached Structure. See "Structure, detached" and also "Detached single -unit dwelling." "Development" means on land, in or under water, the placement or erection of solid material or a structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land, including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with Government Code Section 66410), and another division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp harvesting. "Development permit" means authority granted by the City to use or develop a specified site for a particular purpose, as established by Part 5 of this Implementation Plan (Planning Permit Procedures). "Director" means the City of Newport Beach Community Development Director or a duly designated representative of the Director, referred to as the "Director." "Disaster" means the occurrence or imminent threat of severe damage, injury, loss of life or property caused by a natural event, an act of public enemy, or accident. A disaster does not include structural damage due to corrosion, dry rot, termite infestation, deterioration due to age, or other structural damage due to ongoing exposure to natural elements that was foreseeable and preventable through reasonable due diligence. "Discretionary decision" means a decision requiring the exercise of judgment, with or without deliberation, on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with fixed standards or objective measurements contained in applicable statutes, ordinances, or regulations. Examples of discretionary permits include minor use permits, conditional use permits, and limited term permits. See "Ministerial decision." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-18 "Disturbed" means a term used to identify a biological habitat that has been altered by natural or man-made events. "Dock" means a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water. "Dormer" means an extension projecting from the slope of a roof usually provided with its own roof and housing a window or series of windows. A dormer is located below the highest point of a roof. Examples of typical dormers include eyelid or eyebrow dormers (i.e., with an arched roof that gives it the appearance of an eyelid); gable dormers (i.e., with a gable roof); and shed dormers (i.e., with a shed roof). "Dory Fishing Fleet" means the historic fleet and open-air fish market that has operated adjacent to Newport Pier since its founding by a Portuguese fisherman in 1891. "Drive-through facility (land use)" means establishments that provide services accessible to persons who remain in their motor vehicles. "Driveway" means a designated passageway providing vehicular access between a street and a garage or carport, a designated parking area, or other driveway or street. A driveway shall not be considered a street. "Drought -tolerant" means able to remain viable during a prolonged period with less than average precipitation. "Dry (Boat) Storage" means all on -land storage of vessels, including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. "Dune" means ridges or mounds of loose, wind-blown material usually sand. A dune structure often has a back and foredune area. Stable dunes are often colonized by vegetation. Duplex. See "Dwelling, two -unit." "Dwelling, multi -unit (land use)" means a structure or development containing three or more dwelling units, each of which is for occupancy by one or more persons living as a single housekeeping unit (see "Single housekeeping unit"). Includes: triplexes (structures under one ownership with three dwelling units in the same structure), fourplexes (structures under one ownership with four dwelling units in the same structure) and apartments (five or more units under one ownership in a single structure or complex) (see "Apartment'); and common ownership, attached unit projects including condominiums (see "Condominium"). Also includes factory -built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. Does not include duplexes (see "Dwelling, two -unit'). "Dwelling, single -unit (land use)" means a structure containing one dwelling unit located on a single lot for occupancy by one single housekeeping unit (see "Single housekeeping unit'). Also includes factory -built, modular housing units, constructed in compliance with the California Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-19 Building Code (CBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. "Attached single -unit dwelling" means a dwelling that is attached to another dwelling, excluding accessory dwellings. Each dwelling is owned in fee, located on an individual lot, and is joined to another dwelling along a single lot line. Each dwelling is totally separated from the other by an unpierced wall extending from ground to roof. 2. "Detached single -unit dwelling" means a dwelling that is not attached to another dwelling, excluding an accessory dwelling unit (see "Accessory dwelling unit"). The dwelling is owned in fee and is located on an individual lot. "Dwelling, two -unit (land use)" means a structure(s) located on a single lot and containing two dwelling units, each of which is for occupancy by one single housekeeping unit (see "Single housekeeping unit"). Also includes factory -built, modular housing units, constructed in compliance with the California Building Code (CBC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, when placed on permanent foundation systems. "Dwelling unit" means an area within a structure on a lot that: Contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation and food preparation, and that has independent exterior access to ground level; or 2. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. "Facilities for food preparation" means a room or part of a room used, intended, or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall be considered as establishing a kitchen. The meaning of "kitchen" shall exclude a bar or butler's pantry. "Independent access" means an arrangement of dwelling units so that each dwelling unit has an entrance directly into the unit that is separate from the entrance into another unit. "Dwelling unit, senior accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for a single-family dwelling. The unit is intended for the sole occupancy of one or two adult persons who are fifty-five (55) years of age or older. The floor area of the unit does not exceed six hundred forty (640) square feet. E. "E" Definitions. "Easement" means a grant of one or more property rights by the property owner for use by the public or another person or entity. Examples include right-of-way easements, utility easements, or view easements. Typically easements are recorded against real property by an instrument or subdivision map. See "Right-of-way." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-20 Eating and Drinking Establishments (Land Use). See also "Alcohol sales, on -sale" and "Drive-through facilities." "Accessory food service" means a type of food service establishment that: a. Sells food and/or beverages as an accessory use in a retail, office, or institutional structure; b. Does not change the character of the principal use; C. Does not sell, serve, or give away alcoholic beverages; d. Does not have an entrance separate from the principal use; and e. Has hours of operation that are the same as those of the principal use. 2. "Bar, lounge, and nightclub" means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On -Sale Beer and Wine—Public Premises), ABC License Type 48 (On -Sale General—Public Premises), and ABC License Type 61 (On -Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 3. "Fast food" means an establishment whose design or principal method of operation includes four or more of the following characteristics: a. A permanent menu board is provided from which to select and order food; b. A chain or franchise restaurant; C. Customers pay for food before consuming it; d. A self-service condiment bar and/or drink service is/are provided; e. Trash receptacles are provided for self-service bussing; and f. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see "Late hour operations"). Alcoholic beverages are not sold, served, or given away on the premises. If alcoholic beverages are sold, served, or given away on the premises, the use shall be considered a food service use. See "Food service." 4. "Food service, no late hours" means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does not have late hour operations (see "Late hour operations"); b. Customers order food and beverages from individual menus; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-21 Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and Customers pay for food and beverages after service and/or consumption. 5. "Food service, late hours" means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does have late hour operations (see "Late hour operations"); Customers order food and beverages from individual menus; Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and Customers pay for food and beverages after service and/or consumption. 6. "Late hour operations" means facilities that provide service after 11:00 p.m. 7. "Outdoor dining, accessory" means an outdoor dining area contiguous and accessory to a food service establishment. 8. "Take-out service, limited" means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off-site consumption; b. Customers order and pay for food at either a counter or service window; C. Incidental seating up to six seats may be provided for on-site consumption of food or beverages; and d. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, and similar establishments. "Take-out service only" means an establishment that offers a limited variety of food or beverages and that has all of following characteristics: a. Sales are for off-site consumption; b. Seating is not provided for on-site consumption of food or beverages; and C. Alcoholic beverages are not sold, served, or given away on the premises. "Economic life" means the period of time during which a structure may reasonably be expected to perform the function for which it was designed or intended. For the purposes of this Implementation Plan, the economic life of a structure shall be seventy-five (75) years. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-22 "Eelgrass" means a marine flowering plant (Zosters marina) that is found primarily in coastal bays and estuaries on soft substrate. "Emergency" means any sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services. "Emergency health facility (land use)" means establishments that provide emergency medical service (i.e., outside normal physician office hours or before a physician appointment is available) with no provision for overnight or continuing care on an inpatient basis. Also includes urgent care facilities and walk-in clinics. Does not include hospitals (see "Hospitals"). "Emergency shelter (land use)" means, as defined in Health and Safety Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Emergency work" means work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by a natural or manmade disaster. "Encroachment" means an intrusion of development on public property, on environmentally sensitive lands, or into required setback areas. "Energy Facility" means ny public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. "Enlargement of use" means the expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion. Entertainment and Excursion Vessel. See "Marine services." "Entertainment, commercial" means an establishment (indoors or outdoors) where entertainment is provided for a fee for the pleasure of the patrons, either independent of or in conjunction with another use. "Environmental assessment" means a detailed statement that identifies the environmental effects and considerations pertaining to a project as specified in the California Environmental Quality Act, and may mean either a draft or a final EIR, or an initial study leading to a negative declaration. "Environmental Impact Report (EIR)" means an informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA). "Establishment" means a business. "Environmentally Sensitive Habitat Area (ESHA)" as defined in Public Resources Code Section 30107.5, means an 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. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-23 "Erode" means the gradual wearing away and removal of land surface by various agents such as waves; opposite of accrete. "Erosion" means the wearing away of land by natural forces. On a beach, the carrying away of beach material by wave action, currents or the wind. ESHA. See "Environmentally Sensitive Habitat Area." "ESHA Buffer" means open space that horizontally separates and protects environmentally sensitive habitat areas from development areas. Buffer areas should be contiguous with the sensitive habitat but are not in themselves a part of the environmentally sensitive habitat area to be protected. "Estuary" means the region near a river mouth in which the fresh water of the river mixes with the salt water of the sea. See also "Deepwater Areas." "Estimated Applied Water Use (EAWU)" for purposes of Section 21.30.085 (Water Efficient Landscaping) means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the design standards. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. "Evaluation" means the process by which a project's performance is determined relative to criteria developed for this purpose. "Evapotranspiration Adjustment Factor" or "ETAF" for purposes of Section 21.30.085 (Water Efficient Landscaping) is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Design Standards for Implementation of the Water Efficient Landscape Ordinance. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. "Exaction" means a contribution or payment required as an authorized precondition for receiving a permit for development. "Explosives" means a substance defined as an explosive by Health and Safety Code Section 12000 et seq., and for which a permit is required by the Health and Safety Code. See also "Hazardous materials." F. "F" Definitions. "Factor of Safety" means the ratio of the ultimate breaking strength of the material to the force exerted against it. In terms of slope stability analysis, the factor of safety is determined by dividing the resisting forces by the driving force. The forces resisting a potential landslide are essentially the strength of the rocks or soils making up the bluff. The forces driving a potential landslide are the weight of the rocks as projected along a potential slide surface. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-24 "Fair housing laws" means the Federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act, as each Act may be amended from time to time, and each Act's implementing regulations. "Family" means one or more persons living together as a single housekeeping unit in a dwelling unit. See "Single housekeeping unit." Fast Food. See "Eating and drinking establishments." "Fault" means a rock fracture accompanied by displacement. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. "Fen" means a unique type of wetland characterized by a saturated substrate dominated by organic material in which acidic conditions (pH < 7) prevail. Contrast with a bog, which has a saturated substrate dominated by organic material in which basic conditions (pH > 7) prevail. "Fence" means a structure, solid or otherwise, that is a barrier and used as a boundary or means of protection, confinement, or concealment. Does not include hedges, shrubs, trees, or other natural growth. "Fill" means material (e.g., earth, clay, sand, concrete, rubble, wood chips, bark, waste, etc.), including pilings placed for the purpose of erecting structures, that is placed, stored, or dumped or in a submerged area or upon the surface of the ground resulting in an increase in the natural surface elevation. "Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Government Code Section 66410 et seq.), that is used to complete the subdivision of five or more lots. See also "Parcel map" and "Tentative map." "Financial institutions and related services (land use)" means establishments that solicit, receive, or accept money or its equivalent on deposit and loan money as a regular business. Typical examples include Federal- or State -regulated banks, savings and loan associations, savings banks, credit unions, and lending establishments, with automatic teller machines (ATMs) as an accessory use. Does not include mortgage broker, accounting, financial investment, or similar offices ("Office, business," "Office, corporate," or "Office, professional"). "Finding(s)" means the result(s) of an investigation and the basis upon which decisions are made. Findings are used by government agents and bodies to justify action taken by the entity. "Finished floor/surface" means the surface of a floor after the final installation or application of floor coverings or other surfacing materials. Finished Grade. See "Grade, finished." "First Public Road Paralleling the Sea" means the road nearest the sea and which meets all of the following criteria: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-25 1. The road is lawfully open and suitable for uninterrupted use by the public; 2. The road is maintained by a public agency; 3. The road contains an improved all-weather surface open to motor vehicle traffic in at least one direction; 4. The road is not subject to any restrictions on use by the public except during an emergency or for military purposes; and 5. The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline. "Floating Dry Dock" means a submersible, floating structure used as a dry dock, having a floor that is submerged, slipped under a floating vessel, and then raised so as to raise the vessel entirely out of the water. Floor Area, Gross. Single -Unit and Two -Unit Dwellings. a. For single -unit and two -unit dwellings, the following areas shall be included in calculations of gross floor area: i. The surrounding exterior walls; and ii. Any interior finished portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling. b. The following areas shall be excluded: Stairwells and elevator shafts above the first level. 2. Multi -Unit Residential, Mixed -Use, and Nonresidential Structures. a. For multi -unit residential, mixed-use, and nonresidential structures, the following areas shall be included in calculations of gross floor area: i. The surrounding exterior walls; and ii. Any interior finished portion of a structure that is accessible and that measures more than four feet from finished floor to ceiling. b. The following areas shall be excluded: Stairwells and elevator shafts above the first level; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-26 ii. Outdoor dining areas associated with an eating and drinking establishment, and iii. Parking structures associated with an allowed use within the same development. "Floor area limit" means the allowed gross floor area for a residential lot determined by multiplying the allowed buildable area of the lot times the applicable multiplier for the lot as provided in Chapter 21.18 (Residential Zoning Districts) and Tables 2-2 and 2-3. "Floor area, net" means the area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts, and parking structures. "Floor area ratio (FAR)" means the gross floor area allowed on a site divided by the total gross area of the site, expressed in decimals. For example, on a site with ten thousand (10,000) gross square feet of land area, a floor area ratio of 1.0 will allow a maximum of ten thousand (10,000) gross square feet of building floor area to be built. On the same site, an FAR of 1.5 would allow fifteen thousand (15,000) gross square feet of floor area and an FAR of 0.5 would allow five thousand (5,000) gross square feet. "Food processing (land use)" means establishments engaged in the manufacturing or processing of food or beverages for wholesale distribution. Food Service. See "Eating and drinking establishments." Fourplex. See "Dwelling, multi -unit." Frontage. See "Lot frontage." "Fuel modification zone" means a strip of land where combustible native or ornamental vegetation must be modified and partially or totally replaced with drought -tolerant, fire -retardant plants. "Functional Capacity" in terms of wetlands and estuaries, means the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. "Funeral homes and mortuaries (land use)" means establishments engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematories and/or mortuaries. No interment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager (see "Caretaker residence"). G. "G" Definitions. "Garage" means a structure or portion of a structure, completely enclosed by walls or doors on all sides, that is designed or used to shelter one or more parking spaces. Does not include a carport (see "Carport"). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-27 Garage, Public. See "Parking facility." Garage Sale. See "Personal property sales." Garage, Storage. See "Vehicle/equipment services." "Gazebo" means a detached, covered, freestanding, open-air structure designed for recreational use only and not for habitation. See "Accessory structure." "General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Government Code Section 65300 et seq., and referred to in this Implementation Plan as the "General Plan." "Governmental facility (land use)" means a structure owned, operated, or occupied by the City or other governmental agency to provide a governmental service to the public (e.g., City Hall, community recreation center, post office, library, etc.). "Grade, existing" means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project. "Grade, finished" means the surface of the ground at a stated location as it exists after completion of a project. "Grade, natural" means the unaltered natural surface of the ground at a stated location. Granny Unit. See "Accessory dwelling unit." Greenhouse Window. See "Bay window." "Groin" means a shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A series of groins acting together to protect a section of beach is known as a groin system or groin field. Gross Floor Area. See "Floor area, gross." "Ground floor" means the first floor of a structure that is at ground level or street level. Does not include a "Basement." "Groundwater" means subsurface water occupying the zone of saturation usually found in porous rock strata and soils. "Group residential" means shared living quarters, occupied by two or more persons not living together as a single housekeeping unit ("Single housekeeping unit'). Includes, without limitation, boarding or rooming houses (see "Boarding or rooming house"), dormitories, fraternities, sororities, parolee -probationer homes (see "Parolee -probationer home"), and private residential clubs. Excludes residential care facilities (see "Residential care facilities"). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-28 H. "H" Definitions. "Habitable floor area" means an area that meets the requirements of the California Building Code (CBC) for sleeping, living, cooking, or dining purposes, excluding enclosed places (e.g., closets, bath or toilet rooms, hallways, laundries, pantries, storage spaces, utility rooms, etc.). "Habitat" means the locality, including the physical and biological environment, in which a plant or animal lives. "Handicraft industry (land use)" means establishments engaged in on-site production of goods by hand involving the use of hand tools and small-scale equipment (e.g., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, etc.) and the incidental direct sale to consumers of only those goods produced on site. Illustrative examples of these products include: 1. Candles. 2. Ceramics. 3. Costume novelties. 4. Jewelry. 5. Mosaics. 6. Musical instruments. 7. Needlework. 8. Pottery. 9. Quilting. 10. Small glass, metal art, and craft products. 11. Sporting and athletic goods. 12. Stained glass. 13. Toys. 14. Wood carving. Harbor. See "Newport Bay. "Harbor Lines" means all established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state, county and city governments. "Harbor Resources Manager" means the City of Newport Beach Harbor Resources Manager or a duly designated representative of the Harbor Resources Manager. "Hazardous materials" means an injurious substance, including, but not limited to, pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals, nuclear fuels, and substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services. See also "Explosives." Health/Fitness Club (Land Use). Small. An indoor facility of two thousand (2,000) square feet or less in size where passive or active exercises and related activities are performed using minimal muscle -building equipment or apparatus for the purpose of physical fitness, improved circulation or Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-29 flexibility, and/or weight control. Examples of uses include Pilates, personal training, and yoga studios. 2. Large. A full service fitness center, gymnasium, or health and athletic club that is over two thousand (2,000) square feet in size and may include the following: aerobic classes and other indoor sports activities; indoor handball, racquetball, or tennis courts; locker rooms and showers; sauna, spa, or hot tub facilities; swimming pools, weight rooms; etc. "Hearing Officer" means a person designated to conduct hearings as provided in Chapter 21.60 (Administrative Responsibility), referred to as the "Hearing Officer." "Hedge" means a group of shrubs or trees planted in a line or in groups forming a compact, dense barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See "Fence." "Height" means a vertical dimension established and measured in compliance with Section 21.30.060 (Height Limits and Exceptions). Heliport and Helistop (Land Use). "Heliport" means an area used for the landing, parking, or takeoff of helicopters including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). "Helistop" means a single pad used for the landing, parking, or takeoff of one helicopter and other facilities as may be required by Federal and State regulations, but not including operations facilities (e.g., fueling, loading and unloading, maintenance, storage, terminal facilities, etc.). "Historic Resource" means any object, building, structure, site, area, place, record, or manuscript which is historically or archeologically significant, or which is significant in the architectural, engineering, scientific, economic, agriculture, educational, social, political, military, or cultural history of the City of Newport Beach and/or California and/or the United States. "Home occupation (land use)" means the conduct of a business within a dwelling unit or residential site occupied by a single housekeeping unit, with the business activity being incidental and clearly accessory to the principal residential use of the property. Does not include "Residential care facilities.". "Homeowner Installed Landscape" for purposes of Section 21.30.080 (Water Efficient Landscaping) means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of Section 21.30.085, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner -occupied dwellings and which are subject under Section 21.30.085 to the requirements applicable to developer -installed residential landscape projects. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-30 "Hospital (land use)" means an establishment that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, on an inpatient or outpatient basis. Includes facilities for training, research, and administrative services for patients and employees. May include accessory pharmacy uses and food service uses. Does not include walk-in clinics ("Emergency health facilities"). Hostel. See "Visitor accomodations. Hotel. See "Visitor accommodations." "Hydric Soil" means a type of soil with characteristics resulting from prolonged saturation and chemically reducing conditions such as occurs under anaerobic conditions. "Hydrology" means the dynamic processes of the water within an environment including the sources, timing, amount, and direction of water movement. Hydrophytes. (See hydrophytic vegetation). "Hydrophytic Vegetation" means plants that have adapted to living in aquatic environments. These plants are also called hydrophytes. In wetlands, hydrophytic species occur whereat least the root zone of the plant is seasonally or continually found in saturated or submerged soil. I. "1" Definitions. "Impervious surface" means any surface or material that prevents, impedes, or slows infiltration or absorption of water directly into the ground, including buildings, asphalt, concrete, and other surfaces that do not readily absorb water. "In Situ" archaeologically, means an artifact or object being found in its original, undisturbed position. In -Kind Mitigation. See "Mitigation, In -Kind." "Individual with a disability" means, as more specifically defined under the Fair Housing Laws (see "Industry (land use)" means establishments engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, incidental office storage, sales, and distribution of the parts or products; and laundry and dry cleaning plants. Excludes vehicle/equipment rentals ("Vehicle/equipment rentals"), vehicle/equipment repair ("Vehicle/equipment repair"), vehicle/equipment sales ("Vehicle/equipment sales"), and vehicle/equipment services ("Vehicle/equipment services"). 1. Small. Establishments located in facilities that are five thousand (5,000) square feet or less in size. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-31 2. Large. Establishments located in facilities that are over five thousand (5,000) square feet in size. 3. Marine -Related. Establishments primarily engaged in the manufacture of marine -related parts or products. Does not include "Boat yards" (see "Marine services"). "Integral facilities (land use)" means any combination of two or more residential care (small licensed, small unlicensed, or general) facilities that may or may not be located on the same or contiguous lots, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be considered one facility for purposes of applying Federal, State, and local laws to its operation. Examples of integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. "Integral uses (land use)" means any two or more licensed or unlicensed residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying Federal, State, and local laws to its operation. "Intensity" means a relative measure of development impact as defined by physical and operational characteristics (e.g., number of dwelling units per acre, amount of parking required, amount of traffic generated, etc.). "Intertidal" means located between the low and high tide tidal extremes. Invasive. See "Noninvasive plant." J. "J" Definitions. "Jurisdiction" means the limits or territory within which a particular power may be exercised. K. "K" Definitions. Kennel and Animal Boarding. See "Animal sales and services." L. "L" Definitions "Laboratory (land use)" means an establishment that provides medical or dental laboratory services or photographic or analytical services. Other laboratories are classified under "Industry." "Lagoon" means shallow body of water, such as a pond or lake, usually located near or connected to the sea. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-32 "Land Use Plan (LUP)" for LCP purposes, means the relevant portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. "Landmark structure" means a structure constructed before December 12, 1950, and listed on the National Register of Historic Places. "Landmark theater" means a structure constructed for use as a cinema or theater that has the following characteristics: 1. Constructed on or before December 12, 1950; 2. Contains a single screen or stage; 3. Designed to seat more than three hundred (300) people. "Landscaping" means an area devoted to or developed and maintained with native or exotic plantings, lawn, groundcover, gardens, trees, shrubs, and other plant materials, and associated decorative outdoor landscape elements. "Landscape Rehabilitation Project" for purposes of Section 21.30.085 (Water Efficient Landscaping) means any re -landscaping project involving fifty (50) percent or more of the total landscaped area within a one-year period. "Landscaped Area" for purposes of Section 21.30.085 (Water Efficient Landscaping) means all the planting areas, turf areas, and water features (including pools, ponds, fountains, and any other water feature) in a landscape design plan which are subject to and must be included in the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other non- irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). LCP. "See Local Coastal Program." "Limited -Use Overnight Visitor Accommodations (LUOVA)" means a development in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of an ownership interest in a lot, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to, time share estate, interval ownership, fractional ownership, vacation license, vacation lease, club membership, time share use, hotel/condominium, or uses of a similar nature. "Live entertainment" means entertainment provided by one or more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey or a person whose performance consists of selecting or manipulating prerecorded music is considered a performer. Does not include "Adult-oriented businesses." Does not include live, unamplified musical accompaniment to dining in a restaurant by no more than two performers, including patrons, without dancing. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-33 "Amplified" means the increase in the degree of sound level of voices or instruments /_� through electronic devices and equipment (e.g., amplifiers, loudspeakers, microphones, etc.). 2. "Unamplified" means voices or instruments without sound boosting electronic devices and equipment. "Live -work unit (land use)" means a structure or spaces within structures that are used jointly for commercial and residential purposes. "Local Coastal Program (LCP)" means the documents that comprise the certified City of Newport Beach Local Coastal Program, in compliance with the Coastal Act. "Longshore" means parallel to and near the shoreline. "Longshore Current" means the flow of water in the breaker zone, moving essentially parallel to the shore, usually generated by waves breaking at an angle to the shoreline. "Lot" means the basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder. Types of lots include the following. See Figure 7-1 (Lot Types). "Corner lot" means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees, the lot is considered an interior lot. The front lot line of a corner lot abuts the shortest street property line, unless otherwise determined by the Director. 2. "Flag lot" means a lot not meeting minimum lot frontage requirements and where access to the private or public street is provided by a narrow private access way that is between abutting lots and that is owned in fee. 3. "Interior lot" means a lot abutting only one street. 4. "Key lot" means an interior lot, the front of which abuts the side property line of a corner lot. "Reversed corner lot" means a corner lot, the rear of which abuts the side of another lot. 6. "Through lot" means a lot with frontage on two generally parallel streets. May be an interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. 7. "Waterfront lot" means a lot with one or more lot lines abutting the waterfront of Newport Bay, the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-34 100000" tor COM Or' 37`te"EFF Figure 7-1—Lot Types "Lot area" means the total area within the exterior lines of a lot including public access corridors, vehicular easements, and areas to be included in future street rights-of-way or other public facilities or uses established by easement, dedication, or ordinance. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line; or, for irregularly shaped lots where the side lot lines converge to a point at the rear of the lot, the horizontal distance from the midpoint of the front lot line to a line ten (10) feet long within the lot, parallel to and at a maximum distance from the front lot line. "Lot frontage" means the property line of a lot that abuts a street right-of-way. "Lot line" means a recorded boundary of a lot. Types of lot lines include the following: "Front Lot Line" means, on an interior lot, a lot line separating the lot from the street or the waterfront, if there is no street. For corner lots, the shortest side fronting upon a street is considered the front of the lot regardless of which street is used for vehicle or pedestrian access, or street address. Where two lot lines abutting a street are substantially the same length, the Director shall determine the location of the front lot line. 2. "Interior lot line" means a lot line not abutting a street or alley. 3. "Rear lot line" means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line and that does not intersect the front lot line. For irregularly shaped lots where the side lot lines converge to a point at the rear of the lot, the rear lot line is a line ten (10) feet long within the lot, parallel to and at a maximum distance from the front lot line. 4. "Side lot line" means a lot line that is not a front or rear lot line. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-35 "Lot line adjustment" means, as provided in the Subdivision Map Act (Government Code Section 66412(d)), a lot line adjustment relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the line that defines the lot depth at a point midway between the front and rear lot lines. Lounge. See "Eating and drinking establishments." "Low-income household" means a household whose income is between fifty (50) percent and eighty (80) percent of the Orange County median income ("Area median income"), adjusted for actual household size, as determined by the California Department of Housing and Community Development. LUOVA. See "Limited -Use Overnight Visitor Accommodations. LUP. See "Land Use Plan." M. "M" Definitions. "Maintenance and repair services (land use)" means establishments that provide home appliance and/or electronic or office equipment repair and maintenance, or building maintenance services. Does not include maintenance and repair of vehicles (see "Vehicle/equipment repair") or boats, ships, or vessels (see "Marine sales and services"). "Major Energy Facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one hundred thousand dollars in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of California Public Resources Code Sections 30610, 30610.5, 30611 or 30624. "Marina (land use)" means a commercial berthing facility (other than moorings or anchorage) in which five or more vessels are continuously wet -stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) days.. See "Marina support facilities." "Marina support facilities (land use)" means an on -shore facility (e.g., administrative offices, bathrooms, laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a marina. "Marine and wildlife preserve (land use)" means an area of land or water, essentially unimproved, that is set aside, dedicated, designated, or reserved for protection from an activity that would significantly alter the open space or passive recreational value or ecological integrity, balance, or character. Includes wetlands, vernal pools, floodplains, riparian forests, riparian corridors, and habitat for multiple species of wildlife; preserves, and lands that are in need of being preserved for their habitat and/or open space values. Does not include parks, playgrounds, Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-36 and athletic fields for active recreational uses ("Parks and playgrounds"), or the same facilities that are privately owned, or commercial facilities ("Commercial recreation and entertainment"). "Marine rentals and sales (land use)" means establishments engaged in renting, selling or providing supplies and equipment for commercial fishing, pleasure boating, or related activities. "Boat rentals and sales" means an establishment that rents or sells vessels, including storage and incidental maintenance. See "Vessel." Does not include "Marine services." 2. "Marine retail sales" means an establishment that provides supplies and equipment for commercial fishing, pleasure boating, or related activities. Examples of goods sold include navigational instruments, marine hardware and paints, nautical publications, nautical clothing (e.g., foul -weather gear), and marine engines. Does not include uses in which fuel for boats and ships is the primary good sold (see "Marine services"). Marine Services (Land Use). "Boat storage" means storage of operative or inoperative boats or ships. 2. "Boat yard" means construction, maintenance, or repair of boats or ships, including the sale, installation, and servicing of related equipment and parts. 3. "Entertainment and excursion vessels" means a vessel engaged in carrying passengers for hire for the purposes of entertainment or excursions (e.g., fishing, whale watching, diving, educational activities, harbor and coastal tours, dining/drinking, business or social special events and entertainment, etc.). See "Vessel." 4. "Marine service station" means a retail establishment that sells gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for vessels and other convenience items. See "Vessel." 5. "Water transportation service" means an establishment that provides vessels to carry passengers for hire who are traveling to destinations within and outside of Newport Harbor. See "Vessel." "Market -rate unit" means a dwelling unit in a residential project that is not an affordable unit. "Massage Establishment (Land Use)" means any business conducted within the City of Newport Beach where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths. "Massage service, accessory (land use)" means a massage establishment that is regulated by State law and operated as an accessory use in conjunction with an approved health club, athletic club, gym, or hotel or in conjunction with a medical office or chiropractic office. For the purpose of this definition, an accessory use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use. Does not include "Adult-oriented businesses." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-37 "Master fee schedule" means a resolution adopted by the City Council from time to time that sets fees for services provided by the City. "Maximum Applied Water Allowance (MAWA)" for purposes of Section 21.30.085 (Water Efficient Landscaping) means the upper limit of annual applied water for the established landscaped area based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mean High Tide Line" means (a) The statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station; or (b) the line legally adjudicated by the California Legislature. "Mean high water" means the nineteen (19) year average of the higher high water heights. For diurnal tides, high water and higher water are the same. "Mean low water" means the nineteen (19) year average of all low water heights (if the tide is either semidiurnal or mixed) or the lower low water heights if the tide is diurnal. For diurnal tides, low water and lower low water are the same. "Mean Sea Level (MSL)" means the 19 -year average height of the surface of the sea for all stages of the tide, usually determined from hourly height readings (see National Geodetic Vertical Datum of 1929). Medical Clinic (Land Use). See "Offices, medical and dental (land use)." "Merger" means the process authorized by the Subdivision Map Act to combine two or more adjacent lots into a single lot of record. "Ministerial decision" means a decision involving only the use of fixed standards or objective measurements and no exercise of discretion by the public official. Examples of ministerial permits include zoning clearances or building permits. See "Discretionary decision." "Mitigate" means to ameliorate, alleviate, or avoid. "Mitigated negative declaration" means the same as a negative declaration, with the addition of identified mitigation measures and a mitigation monitoring program. "Mitigation, In -Kind" means a type of compensatory mitigation in which the adverse impacts to one habitat type are mitigated through the creation, restoration, or enhancement of the same habitat type. "Mitigation, Out -of -Kind" means a type of compensatory mitigation in which the adverse impacts to one habitat type are mitigated through the creation, restoration, or enhancement of another habitat type. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-38 "Mitigation measure" means a measure imposed on a project to ameliorate, alleviate, or avoid adverse impacts on the environment. Consistent with Section 15370 of the State Guidelines for Implementation of the California Environmental Quality Act. "Mobile home" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory -built housing. A mobile home on a permanent foundation is included under the definition of "Single -unit dwelling." "Moderate -income household" means a household whose income is between eighty (80) percent and one hundred twenty (120) percent of the Orange County median income ("Area median income"), adjusted for actual household size, as determined by the California Department of Housing and Community Development. "Monitoring" means the systematic collection of physical, biological, or economic data or a combination of these data in order to confirm or verify compliance regarding project operation or to evaluate project performance. "Mooring" means a device consisting of a floating buoy or other object that is secured to the harbor bottom by an anchor system for purposes of securing a vessel. The term "mooring" shall mean any appliance used to secure a vessel in Newport Harbor other than a pier, which is not carried aboard such vessel as regular equipment when under way. Motel. See "Visitor accommodations. MSL. See "Mean Sea Level." Multi -Unit Dwelling. See "Dwelling, multi -unit." "Municipal Code" means the Municipal Code of the City of Newport Beach, as amended. N. "N" Definitions. "Nail salon (land use)" means an establishment where twenty-five (25) percent or more of the work stations are used to provide manicure and/or pedicure services. "National Register of Historic Places" means an official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. "Natural communities conservation plan (NCCP)" means a plan for multi -species habitat conservation that is a collaboration of Federal and State resource agencies, local governments, special districts, and private property owners. The plan covers nearly thirty-eight thousand (38,000) acres in coastal Southern California. In July of 1996, the City became a signatory agency in the Orange County Central -Coastal NCCP Subregional Plan. NAVD 88. See "North American Vertical Datum of 1988. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-39 "Negative declaration" means a written statement describing the reasons that a proposed project will not have a significant adverse effect on the environment and therefore does not require the preparation of an EIR, in compliance with the California Environmental Quality Act (CEQA). See "Mitigated negative declaration." Net Public Area. See "Area, net public." "New landscape installation project" for purposes of Section 21.30.085 (Water Efficient Landscaping) means a landscape installed in conjunction with any type of new development, whether or not the new development includes construction of new building(s). (Examples of a new development not associated with a new building could include parks, playgrounds, greenbelts.) "Late hour operations" means facilities that provide service after 11:00 p.m. any day of the week. Newport Bay/Harbor. Back Bay. See "Upper Newport Bay" below. 2. "Lower Newport Bay" means the area of the bay southerly of the Coast Highway. 3. "Newport Bay" means the estuary consisting of the Lower Newport Bay and the Upper Newport Bay. The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. 4. "Newport Harbor" means the water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Marine Park. See "Newport Bay" above. 5. "Upper Newport Bay" means the area of the bay northerly of the Coast Highway Bridge. The terms "Upper Newport Bay" and "Back Bay" are often used interchangeably. "Newport Coast Local Coastal Program" means the certified Local Coastal Program for the Newport Coast area. Nightclub. See "Eating and drinking establishments." "Noise" means an undesired sound. "Nonconforming lot" means a lot that was legally created before the adoption of this Implementation Plan or that legally existed at the time of annexation, and that does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the lot is located. "Nonconforming structure" means a structure that was lawfully erected, but that does not conform to the property development regulations for the zoning district in which the structure is located by reason of adoption or amendment of this Implementation Plan or by reason of annexation of territory to the City. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-40 "Nonconforming use" means a use of a structure or land that was lawfully established and maintained, but that does not conform to the use regulations for the zoning district in which it is located by reason of adoption or amendment of this Implementation Plan or by reason of annexation of territory to the City. "Noninvasive plant" means a plant that does not invade a habitat to the detriment of native species. "North American Vertical Datum of 1988 (NAVD 88)" means a fixed reference for elevations determined by geodetic leveling created by the National Geodetic Survey. "Nourishment" means the process of replenishing or enlarging a beach. It may be brought about naturally by longshore transport or artificially by the deposition of dredged materials. NPDES (National Pollutant Discharge Elimination System). Nursery School/Preschool. See "Day care facilities." Nursing Home. See "Convalescent facilities." O. "O" Definitions. "Off-street loading facility" means a site, or portion of a site, devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas. "Off-street parking facility" means a site, or portion of a site, devoted to parking of motor vehicles, including parking structures, parking spaces, aisles, access drives, and landscaped areas. See "Parking facility." "Offer to dedicate (OTD)" means an offer by a landowner to grant a public access easement across their property for future public recreational use. "Office, business (land use)" means an office where common business services are provided to the general public (e.g., consumer services (e.g., auto club, entertainment ticket sales, etc.), insurance, investment, real estate, tax preparation, travel, utility company offices, etc.). Typically, these uses have a higher rate of walk-in traffic than a professional office and visits are often made without an appointment. Does not include "Financial institutions and related services," "Office, corporate," "Office, professional," or "Postal services." "Office, corporate (land use)" means a use where internal administration services for large organizations (e.g., the headquarters, regional offices, or administrative offices for a corporation, etc.) are provided. "Office, medical and dental (land use)" means a use where medical and/or dental services are provided. Includes facilities for the diagnosis and treatment of human patients and laboratories incidental to the office use. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-41 "Office, professional (land use)" means a use where professional services (e.g., accounting, architectural, engineering, legal, planning, psychological, psychiatric, etc.) are provided. Typically, these uses serve visitors on an appointment -only basis and walk-in traffic is minimal. Does not include "Assembly/meeting facilities," "Financial institutions and related services," "Office, business," "Office, medical and dental," or "Postal services." "Offshore" means off or away from the shore. This area extends from beyond the breaker zone to the outer limit of the littoral zone and beyond. "Onshore (Inshore)" means the region between the seaward edge of the foreshore and the seaward edge of the breakers or waves. "Open Coastal Waters" means the area composed of submerged lands at extreme low-water of spring tide extending seaward to the boundaries of the Exclusive Economic Zone (12-200 miles). This includes navigation channels, turning basins, vessel berthing, anchorage, and mooring areas of Newport Bay. See also "Deepwater Areas." "Open space (land use)" means a lot or area of land or water set aside, designated, dedicated, or reserved for public or private use or enjoyment. Common Open Space. The land area within a residential development that is not individually owned or dedicated for public use and that is designed, intended, and reserved exclusively for the shared enjoyment or use by all the residents and their guests. Does not include enclosed spaces/facilities (e.g., community center, meeting rooms, etc.). Illustrative examples include: a. Areas of scenic or natural beauty. b. Barbecue areas. C. Habitat areas. d. Hiking, riding, or off-street bicycle trails. e. Landscaped areas. f. Play areas. g. Swimming pools. h. Tennis courts. i. Turf areas. Private Open Space. An outdoor or unenclosed area directly adjoining and accessible to a dwelling unit, reserved for the exclusive private enjoyment and use of residents of the dwelling unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries are evident through the use of fences, gates, hedges, walls, or other similar methods of controlling access and maintaining privacy. 3. Usable Open Space. An outdoor or unenclosed area within a residential development on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor living, active or passive recreation, pedestrian access, or landscaping. Parking facilities, driveways, utility or service areas, required front or street side setback areas, and sloped or submerged land do not constitute usable open space. Out -of -Kind Mitigation. See Mitigation, Out -of -Kind. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-42 Outdoor Dining, Accessory. See "Eating and drinking establishments." "Outdoor storage and display (land use)" means the storage of various materials outside of a building, either as an accessory or primary use. "Outpatient surgery facility (land use)" means an establishment, separate from or not within a hospital, that offers planned surgical procedure(s) on an outpatient basis, with no overnight stays. See "Overnight." "Overnight" means the period between 6:00 p.m. of one day and 7:00 a.m. of the next day. See Day. P. "P" Definitions. Parcel. See "Lot." "Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Government Code Section 66410 et seq.), which is required to complete a subdivision of four or fewer lots. See also "Final map" and "Tentative map." "Parking facility" means an area or structure used for the parking of motor vehicles as a commercial enterprise. "Parking, shared" means a public or private parking area used jointly by two or more uses. "Parking space" means an unobstructed space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. "Parking space, enclosed" means a parking space that is in a garage that is enclosed on four sides. "Parking space, tandem" means a pair of parking spaces (i.e., two spaces) arranged one behind the other. "Parking structure (land use)" means a structure that is open for public use for parking of motor vehicles; that is composed of one or more levels; and that may be totally below grade (as in an underground parking garage) or either partially or totally above grade. A fee may or may not be charged. Does not include "Garages" or "Carports." Parks and Recreational Facilities (Land Use). 1. "Recreation, active" means a type of outdoor recreation or activity that requires the use of organized play areas (e.g., baseball, football, softball, and soccer fields; swimming pools; tennis and basketball courts; children's play equipment, etc.). 2. "Recreation, passive" means a type of outdoor recreation or activity that can be carried out with little alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird -watching, picnicking, etc.). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-43 Parolee -Probationer. A parolee -probationer includes: (a) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer; (b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any Federal, State, or County parole or probation officer. For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. "Parolee -probationer home (land use)" means any residential structure or dwelling unit, whether owned and/or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee -probationer and/or any public or private entity or person on behalf of the parolee -probationer. "Patio" means a paved outdoor area that is used for lounging, dining, etc. "Patio cover" means a solid -roof or open -roof structure that covers a patio, platform, or deck area. A patio cover may be detached from, or attached to, another structure. See "Awning" and "Canopy." "Permit" means any license, certificate, approval, or other entitlement for use granted or denied by any public agency. "Permit and Appeal Jurisdiction Map" means a map depicting those areas where the Coastal Commission retains permit and appeal jurisdiction. "Person" means an individual, organization, partnership, limited liability company, or other business association or corporation, including a utility, and a Federal, State, local government, or special district or agency. "Personal property sales (land use)" means the sale or offering for sale to the general public of miscellaneous personal property, as regulated by Section 21.48.150 (Personal Property Sales in Residential Districts). The term "personal property sales" includes "estate sales," "garage sales," "lawn sales," and "yard sales." Does not include "sidewalk sales" (see "Outdoor storage and display"). Personal Services (Land Use). 1. General. Establishments that provide recurrently needed services of a personal nature. Illustrative examples of these uses include: a. Barber and beauty shops. b. Clothing rental shops. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-44 C. Dry cleaning pick-up stores with limited equipment. d. Laundromats (self-service laundries). e. Locksmiths. f. Shoe repair shops. g. Tailors and seamstresses. These uses may also include accessory retail sales of products related to the services provided. 2. Restricted. Personal service establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize adverse impacts, including: a. Day spas. b. Healing arts (acupuncture, aromatherapy, etc.) with no services qualifying under "Massage establishments." Tanning salons. d. Tattoo services and body piercing studios. These uses may also include accessory retail sales of products related to the services provided. "Personal storage (mini -storage) (land use)" means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. "Pervious surface" means any material or surface that permits infiltration, percolation, or absorption of water into the ground through the material or surface. "Pharmacy, medical supplies (land use)" means an establishment that sells medical equipment and supplies for home health care (e.g., scales, walking aids, bathroom safety aids; skin and personal care products; braces, supports, and splints; bandages and tape; etc.). "Pier" means any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip or float, or any other landing facility and floating dry dock. a. "Commercial Pier" means a pier adjacent to commercially or non -residentially zoned property with single or multiple berths which are rented or leased, including any pier used in connection with marinas, charter facilities, yacht clubs, yacht sales, rental facilities and boat yards. For purposes of Chapter 21.30C, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial. b. "Noncommercial pier" means a pier used for private recreational purposes by the owner(s), occupant(s), guest(s) or lessee(s) of the abutting residentially zoned upland property. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-45 C. "Public pier" means a pier used for public recreational purposes provided by a public agency. "Pierhead line" means the harbor water area perimeter lines established in Newport Harbor by the Federal Government that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The pierhead line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by the City Council. Vessels may extend channelward of the pierhead line. "Planning Commission" means the Newport Beach Planning Commission, referred to throughout this Implementation Plan as the "Commission." Porch. Enclosed Porch. (Also known as screened -in porches or three -season rooms). A platform projecting from or attached to a wall of a building that: a. Has direct access to a building; b. Is covered by a roof or roof -like structure; C. May or may not be heated or cooled; and d. Is enclosed by: i. Walls; ii. Permanent or removable windows or screens; or iii. A combination of walls and windows/screens. 2. Open Porch. A platform projecting from or attached to a wall of a building that: a. Has direct access to a building; b. Is covered by a roof or roof -like structure; C. Is not heated or cooled; d. Is open to the outside air; and e. Is not enclosed by: i. Walls; ii. Permanent or removable windows or screens; or iii. A combination of walls and windows/screens. Open porches may be partially enclosed by a railing(s) not to exceed forty-two (42) inches in height as measured from the porch floor and may include columns for the purpose of supporting the roof or roof -like structure. "Postal service (land use)" means an establishment that provides commercial postal services directly to the customer, including letter and parcel mailing, post office box rental, and related services. "Predominant line of development" means the most common or representative distance from a specified group of existing structures to a specified point or line (e.g., topographic line or geographic feature). For example, the predominant line of development for a block of existing Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-46 homes on a coastal bluff (a specified group of structures) could be determined by calculating the median distance (a representative distance) these structures are from the bluff edge (a specified line). "Principal structure" means a structure in which the principal use of the lot and/or building site is conducted. "Principal use" means the predominant use of a lot, building, or structure. "Printing and duplicating services (land use)" means establishments that provide printing and duplicating services using blueprint, photocopy, and offset printing and similar equipment, including small-scale photo processing. Does not include photographic laboratories and industrial printing and publishing plants. Protective Structure. A structure built parallel to the bluff edge, bluff toe, canyon edge, canyon toe, or shoreline (e.g., retaining wall, vertical seawall, riprap, revetment, bulkhead, etc.) for the purposes of protecting a structure or other upland property. "Project" means an enterprise involving the development, structural modification, or redevelopment of commercial, industrial, mixed-use, residential, or other properties. "Public Access" means the ability of the public to pass to and from the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, coastal blufftops, and coastal recreation areas and trails. Vertical access: Provides public access from the first public road to the shoreline or bluff edge, or perpendicular to the shoreline or bluff edge. 2. Lateral access: An accessway for public access and use along the shoreline or bluff edge. "Public park and playground (land use)" means land owned or operated by a municipality, school district, county, state, or other governmental unit and designed to serve the recreation needs of the residents of the City. Includes parks, play lots, playgrounds, athletic fields, sports courts. May also include passive outdoor recreation areas that are located in conservation areas. Does not include the same facilities that are privately owned or commercial facilities ("Commercial recreation and entertainment"). "Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (California Code of Regulations, Section 13577). See "Submerged lands" and "Tidelands." "Public view" means a vista of features seen from a public vantage point as identified in General Plan Figure NR 3, including bodies of water, beaches, coastline, islands, ridges, bluffs, canyons, geologic features, and landmarks. The term "view" does not mean an unobstructed panorama of these features. "Public Works Director" means the City of Newport Beach Public Works Director or a duly designated representative of the Public Works Director. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-47 Public Works. 1. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. 2. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. 3. All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district. 4. All community college facilities. "Public Works Project" means any action undertaken by the City or under contract to the City to construct, alter, repair or maintain any city structure, utility or right of way including the erection of public signs, the painting or removing of street lines, parking space designations, or the painting or removing paint from curbs. Q. "Q" Definitions. "Queue space" means a temporary waiting area for motor vehicles or persons obtaining a good or service. "Qualified Archaeologist" means a person who has earned a minimum of a Bachelor of Science degree in archaeology or a related field from an accredited college or university and has demonstrated field experience field and analytic experience in general North American archaeology. "Qualified Biologist" means a person who has earned a minimum of a Bachelor of Science degree in biology or a related field from an accredited college or university and has demonstrated field experience evaluating land use impacts on marine or wildlife species and their habitats. Biologists who conduct wetland delineations shall have completed the U.S. Army Corps of Engineers' "Reg IV" wetland delineation training, or the equivalent, and shall have the demonstrated ability to independently conduct wetland delineations. "Qualified Paleontologist" means a person who has earned a minimum of a Bachelor of Science degree in paleontology or a related field from an accredited college or university and has demonstrated field experience field and analytic experience in general North American paleontology. R. "R" Definitions. "Recreational vehicle (RV)" means a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational, emergency, or other occupancy. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-48 Recreational Vehicle (RV) Park. See "Visitor accommodations." "Recycling facilities (land use)" means a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. "Collection facility (large)" means a facility that occupies an area of more than three hundred fifty (350) square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials. 2. "Collection facility (small)" means a facility that occupies an area of three hundred fifty (350) square feet or less where the public may donate, redeem, or sell recyclable materials. Research and Development (Land Use). General. Establishments engaged in industrial or scientific research, including product testing. Includes electronic research firms or pharmaceutical research laboratories. Excludes manufacturing, except of prototypes, and medical testing and analysis. 2. Restricted. Research and development establishments that engage in activities that may involve the use of potentially hazardous materials, flammable substances, or chemical compound mixtures or devices; that may result in hazardous waste byproducts, conditions commonly recognized as offensive; that may involve testing on animals; or that may require special handling protocols or security measures. "Reference Evapotranspiration" or "ETo" for purposes of Section 21.30.085 (Water Efficient Landscaping) means a standard measurement of environmental parameters which affect the water use of plants. Residential Care Facilities (Land Use). General Licensed (Seven or More Persons). A place, site or building, or groups of places, sites or buildings, licensed by the State, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit (see "Single housekeeping unit") and in which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. Does not include "Group residential." 2. General Unlicensed (Seven or More Persons). A place, site or building, or groups of places, sites or buildings, which is not licensed by the State, and is not required by law to be licensed by the State, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit (see "Single housekeeping unit") and Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-49 in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Does not include "Group residential." 3. Limited Licensed (Six or Fewer Persons). State -licensed facilities that provide care, services, or treatment in a community residential setting for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units (see "Single housekeeping unit"). Does not include "Group residential." 4. Small Unlicensed (Six or Fewer Persons). A place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Does not include "Group residential." Restaurant. See "Eating and drinking establishments." Retail Sales (Land Use). General. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public. Examples of these establishments and lines of merchandise include: a. Antiques. b. Appliances. C. Artists' supplies. d. Automotive parts and accessories. e. Bakeries (retail only). f. Bicycle sales and rentals. g. Books. h. Cameras and photographic supplies. i. Carpeting and floor covering. j. Clothing and accessories. k. Convenience market. I. Drug and discount stores. M. Electronic equipment. n. Fabrics and sewing supplies. o. Florists and houseplant stores (indoor sales only). P. Gift shops. q. Grocery store. r. Handcrafted items. S. Hardware. t. Hobby materials. U. Jewelry. V. Kitchen utensils. W. Locksmiths. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-50 X. Luggage and leather goods. Y. Medical supplies and equipment. Z. Musical instruments, parts and accessories. aa. Newsstands. bb. Office supplies. cc. Orthopedic supplies. dd. Paint and wallpaper. ee. Pharmacies. ff. Religious goods. gg. Secondhand clothing sales. hh. Shoe stores. ii. Small wares. jj. Specialty food and beverage. kk. Specialty shops. II. Sporting goods and equipment. mm. Stationery. nn. Supermarket. oo. Tobacco. pp. Toys and games. qq. Travel services. 2. Bulk Merchandise. Retail establishments engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Bulk retail is differentiated from general retail by either of the following characteristics: a. A high volume of sales of related and/or unrelated products in a warehouse setting (i.e., "big box" retail). b. The sale of goods or merchandise that require a large amount of floor space and that are warehoused and retailed at the same location. Examples of items for sale include: i. Electrical and heating fixtures and supplies. ii. Furniture. iii. Groceries. iv. Household appliances. iv. Household furnishings. V. Household products. vi. Lumber. vii. Nursery stock. viii. Personal care products. Does not include marine sales, warehousing, wholesaling, or vehicle sales. "Retaining wall" means a wall used to support or retain an earth embankment or area of fill. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-51 "Revetment" means a sloped retaining wall; a facing of stone, concrete, blocks, rip -rap, etc. built to protect an embankment, bluff, or development against erosion by wave action and currents. "Review authority" means the individual or official City body identified by this Implementation Plan as having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City Council ("Council'), the Planning Commission ("Commission"), the Hearing Officer ("Hearing Officer"), the Planning Director ("Director"), the Zoning Administrator ("Zoning Administrator"), the Planning Department ("Department"), the City Traffic Engineer, and the Public Works Director. "Right-of-way" means an area of land acquired by reservation, dedication, prescription, or condemnation for public road, crosswalk, pedestrian walkway, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. "Riparian" consists of trees, shrubs, or herbs that occur along watercourses or water bodies. The vegetation is adapted to flooding and soil saturation during at least a portion of its growing season. S. "S" Definitions. "Scenic Area" means places on, along, within, or visible from coastal view roads, trails, beaches, and parklands that offer scenic vistas of the beach and ocean, coastline, mountains, and coastal canyons. "School, public and private (land use)" means a public or private academic educational institution or school providing specialized education/training Illustrative examples of these uses include: 1. Art school. 2. Boarding school. 3. Business, secretarial, and vocational school. 4. Community college, college, or university. 5. Computers and electronics school. 6. Culinary arts. 7. Dance school. 8. Drama school. 9. Driver education school. 10. Elementary, middle, or high schools. 11. Language school. 12. Military academy. 13. Music school. 14. Photography school. 15. Professional school (law, medicine, etc.). 16. Seminaries/religious ministry training facility. 17. Tutoring centers. Also includes facilities that offer specialized programs in personal growth and development (i.e., arts, communications, diet centers, environmental awareness, management, etc.). Does not Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-52 include part-time religious instruction at places of worship or preschools and child day care facilities (see "Day care, general'). See "Studio—art, dance, martial arts, music, etc." "School, related to medical professions (land use)" means an establishment that provides specialized on-site training of technical medical skills (e.g., anesthesiology technician, cardiovascular technician, dental assistant, emergency medical technician, medical laboratory technician, MRI technician, optical technician, pharmacy technician, phlebotomy technician, ultrasound technician, x-ray technician, etc.). "Screening" means a landscaping treatment or a decorative structure to visually conceal an area or on-site utilitarian use that is considered unattractive. "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through a connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, and creeks and excluding flood control and drainage channels. "Sea Level" means the height of the ocean relative to land; tides, wind, atmospheric pressure changes, heating, cooling, and other factors cause sea -level changes. Sea Shell. See Shell. "Seawall" means a structure separating land erosion and other damage due to wave action opposed to a sloped revetment. Seasonal Wetland. See Wetland, Seasonal. and water areas, primarily designed to prevent It is usually a vertical wood or concrete wall as "Second unit" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site. Does not include "Senior accessory dwelling unit." "Security" means bonds, cash deposits, letters of credit, and/or other instruments acceptable to the City that are used to guarantee specific performance. "Sediment" means grains of soil, sand, or rock that have been transported from one location and deposited at another. Senior Accessory Dwelling Unit. See "Dwelling unit, senior accessory." "Senior citizen housing" means an age -restricted multifamily residential development designed and intended to be principally occupied by senior citizens (i.e., a person sixty-two (62) years of age or older, or fifty-five (55) years of age or older in a senior citizen housing development). The development may include a congregate meals program in a common dining area. Does not include "Convalescent facility." "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Civil Code Section 51.3(b)(4). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-53 "Sensitive Coastal Resource Area" means those identifiable and geographically bounded land and water areas within the Coastal Zone of vital interest and sensitivity. Sensitive coastal resource areas include the following: 1. Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan. 2. Areas possessing significant recreational value. 3. Highly scenic areas. 4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer. 5. Special communities or neighborhoods that are significant visitor destination areas. 6. Areas that provide existing coastal housing or recreational opportunities for low- and moderate -income persons. 7. Areas where divisions of land could substantially impair or restrict coastal access. "Sensitive Species" means those plant and animal species considered threatened or endangered by the U.S. Fish and Wildlife Service and/or the California Department of Fish and Game according to Section 3 of the Federal Endangered Species Act. "Endangered" means a species in danger of extinction throughout all, or a significant portion of, its range. "Threatened" means species likely to become an endangered species within the foreseeable future throughout all, or a portion of, its range. Service Station. See "Vehicle/equipment services." "Service station fueling space" means a temporary parking space immediately adjacent to a fuel dispensing unit. "Setback" means the distance by which a structure, parking area, or other feature must be separated from a lot line or other designated point or line. See "Setback area" and Figure 7-2 (Setbacks). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-54 staill dku"We ar° a Figure 7-2—Setbacks I lIxil Ira€ Wlt "Setback area" means an area within a lot that is established for the purpose of governing the location of structures on a lot. A setback area is located between a setback line and the nearest relevant parallel lot line and is unobstructed and unoccupied from the ground upward, except for encroachments allowed in compliance with Section 21.30.110 (Setback Regulations and Exceptions). See Figure 7-2 (Setbacks). See "Yard." 1. "Front setback area" means an area that extends across the full width of a lot between the front lot line and the required front setback line. 2. "Rear setback area" means an area that extends the full width of a lot between the rear lot line and the required rear setback line. 3. "Side setback area" means an area that extends from a front setback line to a rear setback line between the side lot line and the required side setback line. "Setback line" means, within a lot, a line established to indicate the boundary of a specified front, side, or rear setback area. A setback line may be parallel to and equidistant from a lot line (front, back, and side) or from a current or future public right-of-way, whether acquired in fee, easement, or otherwise; or may be coterminous with the lot line. See the development standards tables in Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) for the minimum required horizontal distance between a lot line and a setback line. See "Lot line." "Shell" means hard rigid usually largely calcareous covering or support of an animal. "Shore" means a narrow strip of land in immediate contact with the sea, including the zone between high and low water. A shore of unconsolidated material is usually called a beach. "Shore or Shoreline Protection" means structures or sand placed at or on the shore to reduce or eliminate upland damage from wave action or flooding during storms. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-55 "Shoreline" means the intersection of the sea with land; the line that delineates the shoreline on nautical charts and surveys published by the National Oceanic and Atmospheric Administration and that approximates the mean low water line from the time the chart was prepared. Shoreline Protective Device. See "Protective Structure." Short -Term Lodging (Land Use). See "Visitor Accommodations (Land Use)." "Sign" means any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right-of-way or parking area. "Billboard" means a permanent structure used for the display of off-site commercial messages. 2. "Directory Sign" means a sign listing the tenants or occupants of a building or building complex. 3. "Freestanding Sign" means a sign supported permanently upon the ground by a structure and not attached to a building. This includes pylon signs, blade signs, and ground -mounted signs (monument signs). 4. "Heritage Sign" means a sign that is designated as historically or visually significant. 5. "Monument sign" means a freestanding sign supported by a solid architectural element at its base. 6. "Pole sign" means a sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade. 7. "Pylon Sign" means a sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least six inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. 8. "Residential Name or Identification Sign" means a sign identifying the name or address of a residence and/or its occupants. 9. "Roof Sign" means a sign erected upon or above a roof of a building. The following are not within the definition of "sign" for regulatory purposes of this Implementation Plan: Interior Signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet from the window, provided the building or enclosed structure is otherwise legal; Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-56 2. Architectural Features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts); Symbols Embedded in Architecture. Symbols of noncommercial organizations or concepts, including religious or political symbols, when these are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices; 4. Manufacturers' Marks. Marks on tangible products that identify the maker, seller, provider or product, and that customarily remain attached to the product even after sale; 5. Fireworks and Other Lights. The legal use of fireworks, candles and artificial lighting not otherwise regulated by Section 21.30.065; 6. Newsracks or newsstands; 7. Legally required information, including public notices, registration, or licensing information, etc.; Murals. "Single housekeeping unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. Single -Unit Dwelling. See "Dwellings. "Site" means a lot or adjoining lots under single ownership or single control, considered as a unit for the purposes of development or other use. "Site coverage" means the percentage of a site covered by structures and accessory structures and by decks more than thirty (30) inches in height. Site Design BMP. See "Best Management Practices (BMP)." "Site plan" means a drawing of a lot, drawn to scale, showing the actual measurements, the size and location of existing structures or structures to be erected, the location of the lot in relation to abutting streets, and other information. "Skylight" means the portion of a roof that is glazed to admit daylight, including the mechanical fastening required to hold the glazing and to provide a weatherproofing barrier. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-57 "Slope" means land gradient, described as the vertical rise divided by the horizontal run, and expressed in percent or ratio. Slope is determined using the following equation: Slope = (V/H) x 100, where: V = vertical distance between the highest elevation and lowest elevation of a straight line drawn perpendicular to the sloping surface; H = horizontal distance of a straight line drawn perpendicular to the sloping surface. "Smoking lounge (land use)" means an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including but not limited to establishments known as cigar lounges, hookah lounges, tobacco clubs, or tobacco bars. Does not include a "retail or wholesale tobacco shop," which sells tobacco products and smoking accessories, but does not provide for on -premises use of tobacco products. "Solar equipment" means a solar collector or solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating, or for power generation. "Solid waste" means garbage, refuse, rubbish, or other discarded materials, including garbage with insufficient liquid content to be free flowing, generally disposed of in landfills or incinerated. Special Events (Land Use). See Section 21.48.095 (Special Events). "Specific plan" means, under Government Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). Source control BMP. See "Best Management Practices (BMP)." "Storm Water Pollution Prevention Plan (SWPPP)" means a plan which identifies best management practices (BMPs) that will be used during the construction of the project to reduce the impacts to storm water quality relating to material and waste management. "Stream" means a topographic feature that at least periodically conveys water through a bed or channel having banks. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. "Street" means a public or private vehicular right-of-way (e.g., local streets, commuter roadways, arterials, etc.), but not including alleys, driveways, or off-road bikeways. See "Right-of-way." "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above and, for the top -most story, from the upper surface of the floor to the top of the ceiling joists, or, where there is no ceiling, to the top of the roof rafters. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Includes "Building." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-58 "Structure, attached" means a structure that is connected to another structure by means of a wall, roof, stairway, atrium, breezeway, or other structural connection. "Structure, detached" means a structure that does not have a wall or roof in common with another structure. "Studio—art, dance, martial arts, music, etc., (land use)" means a small-scale instructional facility that typically accommodates one student or a group of students at a time, in no more than one instructional space. Examples of these small-scale facilities include: instruction and training in the arts, martial arts, gymnastics, etc.; photography and the processing of photographs produced only by users of the studio facilities; and production studios for individual filmmakers, musicians, painters, sculptors, photographers, and other artists. Larger facilities are included under the definition of "Schools, public and private." These uses may also include accessory retail sales of products related to the services provided. "Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a condominium project, as defined in subdivision (F) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (D) of Section 1351 of the Civil Code or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (M) of Section 1351 of the Civil Code. [Note: Same meaning as in the Subdivision Map Act.] "Subdivision Map Act" means Division 2, Title 7 of the California Government Code, commencing with Section 66410, as amended, regarding the subdivision of real property. "Submerged lands" means lands that lie below the line of mean low tide (from California Code of Regulations, Section 13577). See "Public trust lands." "Supermarket" means a retail establishment that generally maintains a minimum gross floor area of ten thousand (10,000)/fifteen thousand (15,000) square feet and carries a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, and/or fish products; frozen foods; processed and prepackaged foods, etc.). May include accessory uses (coffee kiosks, ATMs, banks, etc.). Does not include "Convenience market." "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked to on-site or off-site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this code. Surface, Finished. See "Finished floor/surface. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-59 "Sustainable development" means a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but in the indefinite future. SWPPP. See "Storm Water Pollution Prevention Plan." T. "T" Definitions. Take -Out Service. See "Eating and drinking establishments." Tandem Parking Space. See "Parking space, tandem." "Temporary Structures (Land Use)" means a limited duration structure (e.g., classroom, office, or similar portable structure, including a manufactured or mobile unit). "Temporary Uses (Land Use)" means a use of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature). "Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map." "Terrestrial" means land -related. "Tidelands" means lands that are located between the lines of mean high tide and mean low tide (from California Code of Regulations Section 13577). See "Public trust lands." Time Share Facility (Land Use). See "Visitor accommodations." "Traffic safety area" means a triangular area as described in Section 21.30.130 (Traffic Safety Area). "Transportation demand management (TDM)" means a strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and/or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number in carpools, vanpools, buses and trains, walking, and biking. TDM can be an element of transportation systems management (TSM) (see "Transportation systems management (TSM)"). "Transportation systems management (TSM)" means individual actions or comprehensive plans to reduce traffic congestion by increasing the efficiency of the transportation system itself. Examples include improved traffic signal timing, coordination of multiple traffic signals, or spot improvements that increase capacity of the roadway system. Treatment Control BMP. See "Best Management Practices (BMP). Triplex. See "Dwelling, multi -unit." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-60 "Tsunami" means a long period wave, or seismic sea wave, caused by an underwater disturbance (e.g., volcanic eruption, earthquake, etc.). "Turbidity" means a measure of the extent to which water is stirred up or disturbed, as by sediment; opaqueness due to suspended sediment. "Turning Basin" means an area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Two -Unit Dwelling. See "Dwelling, two -unit." U. "U" Definitions. Unit. See "Dwelling unit." Usable Open Space. See "Open space." "Use" means the purpose for which land or a structure is arranged, designed, intended, maintained, or occupied. Utilities (Land Use). 1. Major. Generating plants, electrical substations, above -ground electrical transmission lines, Ione switching structures, refuse collection, transfer recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. The facility may have a significant effect on surrounding uses. 2. Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures (e.g., electrical distribution lines, underground water lines, underground sewer lines, etc.). V. "V" Definitions. Vehicle/Equipment Rentals (Land Use). 1. General. Rental of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts. Does not include boat rentals (see "Marine rentals and sales"). 2. Limited. Limited to the rental of mopeds, scooters, Segways, and similar vehicles with electric power or engines less than one hundred (100) cc. May also include the maintenance, minor repair, and on-site storage of the equipment offered for rent. 3. Office Only. Rental of automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles. Does not include the on-site storage of or incidental maintenance of vehicles. Does not include boat rentals (see "Marine rentals and sales"). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-61 Vehicle/Equipment Repair (Land Use). General. Major repair of automobiles, motorcycles, recreational vehicles, or trucks. Examples of uses include body and fender shops; brake shops; full-service motor vehicle repair garages; machine shops; painting shops; tire sales and installation shops; towing services; and transmission shops. Does not include vehicle dismantling or salvage and tire retreading or recapping. Does not include boat repair (see "Marine services"). 2. Limited. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of uses include brake adjustments and repairs; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; wheel alignment and balancing. Does not include boat repair. See "Marine services." Vehicle/Equipment Sales (Land Use). General. Sale of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including display, storage, maintenance, repair, and incidental rental of the vehicles and equipment. May include the sale, installation, and servicing of related equipment and parts. Does not include boat sales (see "Marine rentals and sales"). 2. Limited. Limited to the sale of automobiles, including display, storage, minor maintenance, and incidental rental. Does not include maintenance and/or repair requiring pneumatic lifts. Does not include boat sales (see "Marine rentals and sales"). 3. Vehicles Sales, Office Only. Limited to an office for the sale of automobiles. Does not include on-site inventory, display, storage, maintenance, or repair of automobiles. May be subject to parking requirements of the Department of Motor Vehicles. Vehicle/Equipment Services (Land Use). Automobile Washing/Detailing. Establishments engaged in the washing, waxing, or cleaning of automobiles or similar light vehicles. a. Full Service. A car wash establishment where operating functions are performed entirely by an operator/owner with the use of washing, waxing, and drying equipment supplemented with manual detailing by the operator/owner. b. Self -Service or Accessory. An establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. 2. "Service station" means an establishment engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, including incidental minor maintenance and repair of automobiles and light trucks, vans, or similar size vehicles. Does not include body and fender work or heavy repair of trucks or other motor vehicles (see "Vehicle/Equipment Repair"). Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-62 3. "Vehicle storage" means storage of operative or inoperative vehicles, including tow yards (i.e., outdoor storage facilities for the temporary storage of towed vehicles), impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles. Does not include vehicle/equipment repair activities (see "Vehicle/equipment repair") or vehicle dismantling or salvage. "Vehicles for hire (land use)" means a use specializing in the provision of vehicles with drivers to the general public for the purpose of transportation (e.g., taxi or limousine service). May also include business office and the maintenance, minor repair, and on-site storage of vehicles for hire. Does not include vehicle rental uses or a vehicle for hire use that is an office use only and does not include storage or maintenance of vehicles on site. "Vernal Pool" means low a depression that typically are flooded and saturated above a hardpan or claypan for several weeks to a few months in the winter and spring. "Very low-income household" means a household whose income is fifty (50) percent or less of the Orange County median income ("Area Median Income"), adjusted for actual household size, as determined by the California Department of Housing and Community Development. "Vessel" means every type of watercraft that is used or capable of being used as a means of transportation on water. This includes all vessels of any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under State or Federal requirements, except a seaplane on the water. "Vessel" means watercraft used or capable of being used as a means of transportation on water. Visitor Accommodations (Land Use). "Bed and breakfast inn" means a dwelling unit that offers guest rooms or suites for a fee for less than thirty (30) days, with incidental eating and drinking service provided from a single kitchen for guests only. 2. "Campground" means a lot upon which one or more sites are located, established, or maintained for rent as an overnight tenting or camping area for recreation or vacation purposes. 3. "Hostel" means Establishments offering supervised overnight sleeping accommodations, primarily for travelers who use non -motorized transportation or commercial or public transportation. Such sleeping accommodations are designed, intended to be used and are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. If kitchen or eating facilities are provided, they are communal in nature. 4. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-63 are commonly known as extended stay hotels. A hotel operates subject to taxation under Revenue and Taxation Code Section 7280. 5. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Revenue and Taxation Code Section 7280. 6. "Recreational vehicle (RV) park" means a lot upon which two or more recreational vehicle sites are located, established, or maintained for occupancy for a rental fee by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. 7. "Short-term lodging" means a dwelling unit that is rented or leased as a single housekeeping unit (see "Single housekeeping unit") for a period of less than thirty (30) days. 8. "Single room occupancy, residential hotels (SRO)" means buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are also the primary residences of the hotel guests. 9. "Time share project" means a development in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of an ownership interest in a lot, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to, time share estate, interval ownership, fractional ownership, vacation license, vacation lease, club membership, time share use, hotel/condominium, or uses of a similar nature See also "Limited -Use Overnight Visitor Accommodations (LUOVA)." 10. "Time share estate" means a right of occupancy in a time share project that is coupled with an estate in the real property. 11. "Time share interval" means the period or length of time of occupancy in a time share unit. 12. "Time share unit" means each portion of the real property or real property improvement in a project that is divided into time share intervals. 13. "Time share use" means a license or contractual or membership right of occupancy in a time share project that is not coupled with an estate in the real property. "Visitor -serving retail (land use)" means retail establishments engaged in selling goods or merchandise to tourists and visitors. Examples of these establishments and lines of merchandise include: 1. Antiques. 2. Appliances. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-64 3. Art galleries. 4. Artists' supplies. 5. Bakeries (retail only). 6. Bicycle sales and rentals. 7. Books. 8. Cameras and photographic supplies. 9. Clothing and accessories. 10. Convenience market. 11. Drug and discount stores. 12. Gift shops. 13. Handcrafted items. 14. Hobby materials. 15. Jewelry. 16. Luggage and leather goods. 17. Newsstands. 18. Pharmacies. 19. Specialty food and beverage. 21. Specialty shops. 21. Sporting goods and equipment. 22. Tobacco. 23. Toys and games. 24. Travel services. W. "W" Definitions. "Warehousing (land use)" means establishments engaged in providing facilities for the storage of furniture, household goods, products, or other commercial goods. Includes cold storage. Does not include personal storage (mini -storage) facilities offered for rent or lease to the general public ("Personal storage—mini-storage"); or warehouse facilities in which the primary purpose of storage is for wholesaling ("Wholesaling"). Small. Establishments located in facilities that are five thousand (5,000) square feet or less in size. 2. Large. Establishments located in facilities that are over five thousand (5,000) square feet in size. "Water Quality Management Plan (WQMP)" means a plan which identifies best management practices (BMPs) that will be used to minimize to the maximum extent practicable dry weather runoff and runoff from small storms (less than 0.75 inch of rain falling over a 24-hour period) from the property. "Water Feature" for purposes of Section 21.30.082 (Water Efficient Landscaping) means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-65 solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. Water Transportation Service. See "Marine services." Waterfront Lot. See "Lot, waterfront." "Watershed" means the geographical area drained by a river and its connecting tributaries into a common source. A watershed may, and often does, cover a very large geographical region. Wave: A ridge, deformation, or undulation of the surface of a liquid. On the ocean, most waves are generated by wind and are often referred to as wind waves. "Wetlands" means those 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 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. "Wetland, Seasonal" means an area that is wet during the rainy season and dries during the remainder of the year. "Wireless Telecommunication Facility" means an installation that sends and/or receives wireless radio frequency signals or electromagnetic waves, including but not limited to directional, omni -directional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, supporting equipment and structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas. WQMP. See "Water Quality Management Plan." X. "X" Definitions. "Xeriscaping" means a set of landscape design and maintenance principles and horticultural practices that promote efficient use of water. The term "xeriscape" is a registered trademark of the National Xeriscape Council and means water -conserving, drought -tolerant landscaping. Y. "Y" Definitions. "Yard" means the area between a lot line and a principal structure. May be the same size as or larger than a required setback area. See "Setback area." Z. "Z" Definitions. "Zoning Administrator" means the Newport Beach Zoning Administrator designated to make decisions on applications as provided in Chapter 21.60 (Administrative Responsibility), referred to as the "Zoning Administrator." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-66 "Zoning district" means a residential, commercial, industrial, mixed-use, special purpose, or overlay district established by Part 2 of this Implementation Plan (Zoning Districts, Allowable Land Uses, and Zoning District Standards) within which certain land uses are allowed and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). "Zoning district, principal" means the zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied. Zostera marina. See "Eelgrass." Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.70-67 Chapter 21.80 — Maps Sections: 21.80.010 Area Maps 21.80.020 Bluff Overlay 21.80.025 Canyon Overlay 21.80.030 Height Limit Areas 21.80.035 Parking Management Overlay District Maps 21.80.040 Setback Maps 21.80.045 Permit and Appeal Jurisdiction Maps 21.80.055 Planned Community Site Plans 21.80.010 —Area Maps A-1 - Balboa Island (Includes Little Balboa Island and Collins Island) A-2 - Balboa Peninsula A-3 - Buck Gully A-4 - Cameo Highlands A-5 - Cameo Shores A-6 - Corona del Mar A-7 — Corona Highlands A-8 - Shorecliffs A-9 — Irvine Terrace A-10 — Lido Isle A-11 - Lido Marina Village / Mariners' Mile A-12 - Upper Newport Bay A-13 - West Newport A-14 — Statistical Area A-2 21.80.020 — Bluff Overlay B - Bluff Overlay Index Map B-2 - Irvine Terrace - Dolphin Terrace B-3 - Irvine Terrace - Bayadere Terrace B-4 - Avocado Avenue/Pacific Drive B-5 - Carnation Avenue B-6 - Ocean Boulevard / Breakers Drive B-7 - Shorecliffs B-8 - Cameo Shores 21.80.025 — Canyon Overlay C-1 — Canyon Overlay Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.80-1 21.80.030 — Height Limit Areas H-1 High Rise and Shoreline Height Limit Areas 21.80.035 — Parking Management Overlay District Maps PM -1 — Balboa Village Parking Management Overlay District 21.80.040 — Setback Maps S-1 — Index Map S -1A - West Newport S-1 B -West Newport S -2A - Balboa Peninsula S-213 - Balboa Peninsula S -2C - Balboa Peninsula S -2D - Balboa Peninsula S -2E - Balboa Peninsula S -21F - Balboa Peninsula S -2G - Balboa Peninsula S -3A - Lido Isle S-313 - Lido Isle S-4 - Balboa Island S-5 - Newport Heights S-6 - BayShores S-7 - Beacon Bay Area S-8 - Harbor Island S -9A - Irvine Terrace S-913 - Irvine Terrace S-1 OA - Corona del Mar S-1 OB - Corona del Mar S-1 OC - Corona del Mar S-1 OD - Corona del Mar S-1 3A - Dover Shores S-1 3B - Dover Shores S 13C - Dover Shores S-14 - Granville Drive 21.80.045 — Permit and Appeal Jurisdiction Maps P-1 - Permit and Appeal Area (West Newport Area) P-2 - Permit and Appeal Area (Harbor Area) P-3 - Permit and Appeal Area (Upper Newport Bay) CE -1 - Categorical Exclusion Area (West Newport Area) CE -2 - Categorical Exclusion Area (Harbor Area) CE -3 — Categorical Exclusion Area (Upper Newport Bay) DC -1 — Banning Ranch Deferred Certification Area PT -1 — Public Trust Lands Delegated to the City Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.80-2 21.80.055 — Planned Community Site Plans PC -01— Bayside Village Mobile Home Park PC -07 — Park Newport PC -09 — Bayside Village Boat Launch and Storage PC -12 — Promontory Point PC -14 — Newport Crest PC -16 — Newport Terrace PC -36 — Emerald Village PC -38 — Hoag Hospital Development Criteria Plan PC -44 — Upper Newport Bay Regional Park PC -47 — Armstrong Garden PC -51 — Marina Park 21.80.065 — Planned Community Land Use Maps PC -05 — North Ford PC -21 — Sea Island PC -22 — Westcliff Grove PC -29 — Corona del Mar Homes PC -30 — Villa Point Apartments PC -32 — Bayview PC -37 — Castaways Marina PC -39 — Bayview Landing PC -40 — Corporate Plaza West PC -41 — Newporter North PC -42 — San Diego Creek North PC -43 — Upper Castaways PC -45 — Balboa Bay Club PC -47 — Newport Beach Country Club PC -54 — Santa Barbara Residential PC -55 — Bayside Residential Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.80-3 tiQo� o� epNNl f ODONF rfR H HARBOR ISLAND DR c° O �e a HS.Ty O O h% 0 °R'S�9,y0 j O° 3 BAYSIDE DR <Ay�rFR F R a U BEACON BAY BALBOA D: YACHT BASIN ISLAND S9 9,I,F TFH BEACON BALBOA ISLAND NORTH CHANNEL SFRF BAY +I' COLLINS OFTF R ISLAND D oa" P P ..'P 1 14�0 OP E BOA A4E 6� P ¢ on N n �'70 FOG,F � PARKAVEw "¢ :. m �2 LITTLE h �9`FF 0 2 BAYAV ff ° Foy BALBOA ISLAND SLANDBALBOA City of Costa Mesa Cityof IMna STATION 54 O.CH D BOAT DOCK COAST GUARD c Padfic Ocean e0 Gry of e(� Laguna Beach OF cD 0 ' A-1 Balboa Island (Includes Little Balboa Island and Collins Island) DRAFT cL+^ 0 250 500 Feet Name: A-1 Balboa Island IP / November 2015 o��pw Mp � f A-2 Balboa Peninsula DRAFT Name: A-2 )a Peninsula IP / November 2015 e 1,000 2.000 ===nmnnnc== Feet - ro BIG CORONA Q C-) CPQ dy �0 Q - J U �P 0� � •• •;6oG p� P� 0 0 •9���GF Qp\��!` Q� oQ Q CITY Of 1 Costa wase city ofhvbre Pace Ocean City oI Laguna t3aac6 G� Fti O,Q LITTLE CORONA 'SABFLLA TER m R/VERA 00 TER S O 9e'Q/440 A TER rFR m v D O o gR/'yG T RFMO rO�L G tiT DRN�M PERyq� ° S�RRFy KFORD PL F RO CO y�MAoFti Rr4q410 p 4eO RD A-3 Buck Gully and Morning Canyon DRAFT e 0 250 500 l N6W�a � Feet Name: A-3_Buck_Gully_IP / November 2015 Q O -O q S 0�0 �qY y0� KFORD PL GPS �Q HIGHL ANDS DR C;ryof O RD O'Q Cosh Masa City of Irvine PQ— � O O G O Pacific Ocean city of�i� Laguna Beach �O U A-4 Cameo Highlands DRAFT Name: A-4 �o_Highlands_IP / November 2015 QOQ 0Fq �qRo G vSyOR FOR Qo s�R :2; FST o �FY ypN o 1% 1 o Q- O� ROCKFORD v 2 Opo �a GP�y PL F R G4F,I,O� _ X4-1, \� CO O'4T HIGHLANDS o 4Up� DR a q�O O SHORE 4t LITTLE O CORONA Oa OR / O OQ PQ - \v G Q O� City or Costa M -a Cky o1 /rvitre Q �p P EL /C, CAMEO GPS ,, SHORES PacN'c Ocean 0 City o/ Lagune Basch 4 N6W PoQG A A-5 Cameo Shores DRAFT 0 250 500 U 0 Feet Name: A-5 Cameo Shores 1 P / November 2015 EAST gTTq PLAZA DEL NORTE P AMAq m LAZA DEL m R9Z ` SOq GRANADA AVE y AVE i � Y OR m f at VD O •••••••• Coastal Zone Boundary city oI Costa Y••• Cityollmine a Pacific Ocean cny of Laf7uns BaadY mP 'S9((Ao 59�''6 W 'o o%6TF aF �'1'G9(Ok 0�2Q-O P P� 0 P P4. �N •O I LITTLE 1 ( p 0 4 Feb R o OqR R Q / pf a ao INLET OR RD Br P Oe o p AVE i SGT C �yT 0�� P o m a i 0 WHITEW AZE o OR < MARGUSV'\ J6 6 ¢ ° is w —LEBALBOA e a { o GRF t0P P J� yG Nm e ym N L °° 9 EAST gTTq PLAZA DEL NORTE P AMAq m LAZA DEL m R9Z ` SOq GRANADA AVE y AVE i � Y OR m f at VD O •••••••• Coastal Zone Boundary city oI Costa Y••• Cityollmine a Pacific Ocean cny of Laf7uns BaadY mP 'S9((Ao 59�''6 W 'o o%6TF aF �'1'G9(Ok 0�2Q-O P P� 0 P P4. �N •O I LITTLE 1 ( p 0 4 Feb R o OqR R Q / pf a ao INLET OR RD Br P Oe o p SFTT�A'G i SGT C �yT 0�� P 0 WHITEW AZE mP OR � MARGUSV'\ Cr '�` QEF Wy N PAaK a { o GRF t0P P J� yG Nm e ym N L °° 9 FN -pmm L �m Op Oe �Z SipF • � i- e SANDDNE pR i F,qq P pq N(p,4 SAND i 20 F �LFNF ((�C ORQ�.•• ••••• ••• •••i P4, G Q e 9LF Q,� P NLF • �eWY •: ••� R`F NGF .••' ISASELLA TER 9LF,V GF T RIVERA �cn ZO TER • • OZA pQ' iC •;� p S TEa 9pRj((O(A • ATF TER O E . •CO SRRq iDYq 'MBpS �.�•• AIR m : Aro p i R Ff 9 m SRo,4 h%yR p FT A Q O 01,2 O°O PO 614+ 2 tis' W 4 Iu O? SHOgF Z O� u° PO Q°�O SGgRPr o{' PO ROCKFORD hAyNf PL Rp CD N,YM °FN RTigNp �° P efw�aJ A-6 Corona del Mar DRAFT '� '� 0 250 500 1,000 Feet Name: A-6' is Del Mar IP / November 2015 L R O O17 O �O i• s � �p , C0 c (70 cn rn ..ee Q QO C S� ON Rp R S �0 R�FY �l cify of Q- Coste Masa City oflrvine ROCKFORD qy�� PL C3cOHIGHLANDS � PaaNc oaaaa 'yq 'QT Clry o1 q Laguna Beach O C.9 O� AOFti ti0 �O �N�wvnQr e 0 A-7 Corona Highlands DRAFT Name: A-7_Corona_Highlands_IP / November 2015 J ' O OHO ••'� �O P� 0 Q -G m RIVERA ..,; 2p0 TER C' O 0 1 TER • • • �'ip��s 9e'Qj44 4A TER c gERRq O TFR m O� , foo • cxR Mel'S v °c '•.N O Q BIG Qv m 19'110,Q 4�1�0 �O CORONA Q <N COQ Q9 r1 ROCKFORD �ql ti PL F G44� CO RO HIG OF- MAOFti q�0 �Q'O a hoc Ro Q LITTLE �eL � O CORONA ORR� Pi�c R O RD //YoT <o CTy o, tR 1' oti c� Costa Mwa G �• �O^, "Ip City o/Irvine 'V T ��v p oRygM -�c�� FRygM ,po 5 vanr,c ocean 13 cry el BR O,( O �!i Legune beech /Cj' 7 �o l� W Pp4 0 A-8 ShoreclifFs DRAFT Name: A-8 =cliffs IP / November 2015 e 0 250 500 Feet p O,Q/LROMONT WEST PROMONTORY DRIVE EAST C1i > o ISLAND Y ¢ DR A U: ¢ a ' C/V/CCEN TER BAY YALH BASIN BAYSIDE COVE OR /y QaooR,oBA,E S BEa coN BAY BALBOA ISLAND NORTH CHANNEL a I Qa Q♦ Q— FRONT NORTH �♦ Q- `� BAY ¢ J� ww w OJ ¢ Q G 9L ¢ ¢ ¢ ¢ Q P O� 4 ABALONE PL ••♦� ? f BALBOA AVE v E� T -p o �P ce J� ♦ ♦¢ 0 '•uQ� > OZr N O ••�♦• P O P a M ARgpATA •�•♦. w OQP of O Oq R �i QP~ AVE y2Z ¢ Q ul O� •♦♦ iC0 S O P N AC z 0 Z w w ♦� asf.' 0P 'S'GSFy�%V Q dFZ 00 O O oil Q Q P O BAY OG 9n FRONT SOUTH LITTLE BALBOA BALBOA ISLAND ISLAND .?<, v�d ♦ d Cky oIO'9<O Cast. Yass CRY ol/rvlm Rrti C 1jO� ,o l P� 'riy O q �' oc.o .-T 000. Co,,. a -.o ry RO 9L TF WATERF H ♦ P� RONT SF ,� C ONO P P P� J� PGP iC P PacA'c Ocean 2P T, �sr Clry o/ Laguna Bsaeh F F r y O AGO Op O J P ¢N6W�Q � Y A-9 Irvine Terrace DRAFT e 0 800 1,600 Feet Name: A-9 Irvine—Terrace—IP / November 2015 0 KINGS DRIVE ° °y ••co °qf7aary ROAD LIDO ISLE �` �•�• • ............................................................. ...........................................i••...... JSP ?iYP2 CRESTVIEW DR O (� VISTA �P,VERLY DR p� %` 0� <ioO R O LIDO °yA�tiF< 6 Pm �iq �P c CN� � ISLE q y S Imo__ ......•• Coastal Zone Boundary LIDO PENINSULA co aN6WPoQ0 A A-10 Lido Isle DRAFT Name: A-1' —Isle—IP / November 2015 Aiyn,FC LIDO ISLE e 0 250 500 Feet ISLAND I m� •.••.............. CLIFF-ot ... IOAG Da �1 Q L 3 � 3T V` a T 3 o � 9 cry of cmaYea, cly oiwa» PaeN'e Ocean Cly of r Laguna Beets TURNING BASIN VIA MALAGA Lido Marina Village J �Q' ' e � F� Mariners' Mile Qv PAR - 1 c LIDO Z< ISLE O � �\P�v OQ. GWY4gT e e A-11 Lido Marina Village/ Mariners' Mile DRAFT Name: A-11—Mariners—Mile IP / November 2015 4 A-12- Upper Newport Bay DRAFT o 0.25 0.5 Miles Name: A-1 er _NB-Bay_IP / November 2015 A I�I�III � Newport Banning Ranch Deferred Certification L F h'kVy CHANNEL PL c WPn4� A-13 West Newport DRAFT n U 0 0 250 500 () 1,000 Feet Name: A-13_West_Newport_IP /November 2015 GOOD WILD GOOSE SUMMER WOT GT WINDN CT OA 2 C CA HCl ?,0 P� q ODYSSEY CT ' SPA � 'p C'T �• s c 40 CO�� T 0J00,C CTq 9�y0 Meq 5 Sc SFT T � NO CT �'4F F h'kVy CHANNEL PL c WPn4� A-13 West Newport DRAFT n U 0 0 250 500 () 1,000 Feet Name: A-13_West_Newport_IP /November 2015 'rtx rpq , Bluff Overlay Index Map ®RAFT Name: Bluff Overlay_Index_Map_IP/ November 2015 e 0 0.5 1 Miles tae+6se10�t6n�6 � ✓9��� �o F� o-°sCOVE E 0 1099 1023 102] 1033 1029 1029 03t ' 711 716 �$ 729 O C7 712 O 723 � ^o 706 O Y 717 2 1Q 7,170 70g Q 7 10 rf " 7200 los 1101 1211 M ^ 775 rn , 707 o ° 701 / C m ,7 Q � o ^o 0 IZQ1 1209 t 1203 1211 / i�° 1 ?28 223 225 Z2> 6 Z3 100 13 ft Below Top of Curb - 1015-1541 Dolphin Terrace +� a ta, 0 41 cO"1ST @p F 7% NV p0NF TFR P TFC ^ ^moo O-� I 1 ;' \ ^h°1 ° I" ^h Development Areas Delineated By: - Development Area A ::.. �SpecifiedDistance from Front Property Line ::..:: DevelopmentAreaB ,M,, - = —• • • Specified Distance Below Top of Curb %��� Development Area C B-2 Irvine Terrace - Dolphin Terrace DRAFT — — Specified Contour Name: B-2 �_Ter_Dolphin_Ter_W/ November 2015 „03 O 1y^° 1yy> ° 1 Q 6, a, 1y°6 14 1 1 mW Of �P6 Wsa Chy o/Irvine �s; ^y0 P 76 .".7- - 333 612 3z9 M5 324 r 323 32228 V° of o Ry A'"' � 11015 318 1n QZ� Lu 2 PBCMC OCaen _ 317 316 Z7 O n Of 315112 315 314P n 32]tl2 38 31212 Q 323 3� N tf 3 Laguns Baxh J1' 313 312 ca ¢ 1. 0 50 100 200 300 311 316 1516 35 3 F2 Development Areas Delineated By: - Development Area A ::.. �SpecifiedDistance from Front Property Line ::..:: DevelopmentAreaB ,M,, - = —• • • Specified Distance Below Top of Curb %��� Development Area C B-2 Irvine Terrace - Dolphin Terrace DRAFT — — Specified Contour Name: B-2 �_Ter_Dolphin_Ter_W/ November 2015 PARKAVE iti trz 1h9 Dtrz \yr�h ,zs ,z, W z5 LU p 9 „5 < ,u ns' \5 1701 113 112 R 13 ft Below Top of Curb - 1607-2021 Bayadere Terrace 16411 1545 Qp 1801 1800 1709 1807 m "'= 48 ft ContMARapgTgo our i`-1721 1821 W W 1800 R > ~ 1807 Q 1901 ,727 50 ft Contour = 7810 1900 Q 1907 f j 1801 1833 ;U 1821 1820 - 1914 1915 1807 1839 1827. 1815 1845 1e d ,�1 B,y1 ^°' ^ 00R ,>S�gO,Q/ATO ^�^ry rye^ O 50 ft Contour ^�y 10 �ya� 11"P Tt( 1* ^ % ^91' T1 ^'9yG ry�P ^ F'p CO of cost.Masa Chy aftrviae 50 ft Contour ^p,^ _°O Pacific Ocean Clry ofBeach 'ai Laguna �,y^ 415 50 100 3 1 9Oi Er�w°�4 Development Areas Delineated By: - Development Area A B-3 Irvine Terrace - Bayadere Terrace DRAFT—Specified Distance from Front Property Line Development Area B u * — • • • Specified Feet Below Top of Curb ® Development Area C Specified Contour Name: b-:i_Irvine_ ler_bayatler_ ler IF'/ November 2015 A wATFRFRONr — rr7� 68 ft Contour �o y° ""^y 442�4 Bs),? 415 Avocado Avenue B^° A22 li0°96�7i2 P Y GAP F2 V7 757, A, -n^ 42 S y 0 471 50 ft Contour ti �o° ^y .I ", A )0'0,,2 2 T2s 411 Avocado Avenue " N C,.) eqy " 42i sr2� Y A79 7� �O 35 ft Contour 401 Avocado Avenue " o ryry� ryp "�"o 'Ile X77 cow Waa Ckyof/Mno 53 ft Contour 23�� 2235-2329 Pacific Drive 13 2323 "`� 6p P2 "o U D Parc Ocean .' N e *'Lam B aeh 117 m o so too zoo 115 Feet Development Areas Delineated By: - Development Area A ` rew Yogi a B-4 Avocado Avenue / Pacific Drive DRAFT � Specified Distancefrom Below ont po Curb Line ::..:: Development Area C Yw � � • • • Specified Distance Below Top of Curb ��� Development Area C Specified Contour Name: B-4 ado Av Pacific Dr IP/ November 2015 ,3WS1os DR 70 ft Contour - 239 - 317 Carnation Avenue X79 �o'o 109 �P� oos a 00,0,/2 osa 000A 7- Q8 101> ao02 a22907 �qC fps 2�"S �P� h°° X25 3?7 J 50.7 ft Contour - �� ' ` ��° `� h° o� `��a a `�'9 201 - 233 Carnation Avenue: 1p ¢�P ti�h o 0i 7 3 oP 2S07 sF ti����� 0 009 s 101 2,2F 1?0 New development shall not extend 2��0 farther onto the bluff face beyond existing ! u'p� development ��9 2495 Ocean Boulevard oo 7S -70 -:> ti� co Crtio< �o� ti 209 �,7 �5, ti 7� Caad Neaa C)ty of irwno n 77 � oc��L ti ���68 2d�, Pacific Ocean Laguna Beach /9���s oO o ,00 Feet Development Areas Delineated By: ® Development Area A j+* r Specified Distance from Front Property Line :::::: Development Area B B-5 Carnation Avenue DRAFT •• Specified Distance Below Top of Curb Development Area C Specified Contour Name: B-5 Garnation Avenue IP/ November 2015 p0 p �9 New development °° shall not extend farther COM�onto the bluff face beyond existing MA/�B_4Cyi 'P development 3601 - 3729 Ocean Boulevard N p^ 3000 moo° o o -CO oo 'IZ I ro O� i OC n F,y VO 52 ft Contour 13100 - 3200 Breakers Drive _oo elyl F; 33 ft Contour 3207 - 3309 Ocean Boulevard Cay of Ceeb Wp O Pacific Ocean city Of Laguna 8aaeh 48 ft Contour 3207-3309 Ocean Boulevard 33 ft Contour 3317 - 3431 Ocean Boulevard <N Obi �P 1109 48 ft Contour 3317-3431 Ocean Boulevard OHO 1109 �ry O ODryO SPJ� �J o° I'M tNN 4 -''? Development Areas Delineated By: S DevelopmentAreaA €B-6 Ocean Boulevard / Breakers Drive DRAFT Specified Distance from Front PropertofCurbyLine;;:::: DevelopmentArea6 • • • Specified Distance Below Top of Curb Development Area C ' Specified Contour GIS_SDE.Planninglnformation Name: B-6 n Blvd IP/ November 2015 Development Areas Delineated By: ® Development Area ...... E��WY�4r Specified Distance from Front Property Line Development Area B B-7 Shorecliffs DRAFT 10 Feet From Bluff Edge 5�111DevelopmentAreaC Specified Contour Name: B-7 Shorecliffs IP/ November 2015 Development Areas Delineated By: Development Area A �Specified Distance from Front Property Line :::::: DevelopmentArea6 B-8 Cameo Shores DRAFT A-• • 10 Feet From Bluff Edge Development Area C Specified Contour Name: B-8 =o Shores IP/ November 2015 QJ �p CPQ- J0 5� AY 6�IiD O�G� q�F F BIG CORONA G4 FN 6R � LITTLE CORONA 9�F F /SAeELLA TER RIVERA oJcaa� •• �` p TE R • O,,q TER • O • • � 0,9 sp< e'Q ,q TER /� SERRq <o SFR m oc '7 G°c� N O o�cA ,a v ti�R qRo Fc > RF \ \� y0N o RD sT o GPS O� ppb SHoRF \ O� s� RRFy �aKFORD PL F 'QO Cb ygMA�Fti RT�q�O p V� -n \ Y q/4� oO RD � DRR/NF CT /ly 4e o �p�o rRFMotiT � �'o Pacific Ocean cry w Lagena 1-- PFRyq,�, NgWPp4 e C-1 Canyon Overlay U ro Z500(Buck Gull and MorningCanyon) DRAFT I F eet Name: c;-i_c;anyon Uverlay_iH / November 2ol5 k e PM -1 Balboa Village Parking Management Plan Overlay District DRAFT Name: PM-1_Balboa_Village /November 2015 j� � •• kF 1 I 1� ill ♦•• :f ♦ :., 4 ,r•�r. . ,T < •Zone ID N 1o� C� S -13C: e ■ _ L iF v N °o- S 1.A S 1 B 6/_ ,--�,✓/ �• S-13A.� %/� � WAY � -/_ J . � "� �L% � �� •✓� i \✓ � ��4/� � 1�9ti V� _—� OO � / � \1 r,� lU�� �S 7 / �5-14 ���; ill \! �W�/C/1//llV /��\ ` ��,�� � - NCH ✓��� V/ � - �i/��1�� S ACT T uJTS S 2D�®, ,� S -9B • , ......... S-1 OA ` N,, a• ��• ���, S -10 B S-1"a0�� 0 0.5 1 Miles Name: Setback Map Index IP / November 2015 (Ci G U CD F - LL Q D Q X aD 0 125 250 Feet S -1A IP / November 20 0 5� � 511 1 CANAL ST I�XNAE-� 5 5—' �p 100 3 �7? g79 263 3 0g 3j6 3 4 33S �•�(r 26\ 3 °4 309 3 dp ? 307 `70 323 330. .OZ 2Sq SO 2S'7 ��.3°y 0 3°a76 rk Ap,O AA3 0 439 4'36 432 435 432 CEDAR STREET 344 351 358 I N 340 347 354 I 'o 336 343 350 I ae> 346 0 U 2 r06. 2°�4 h ?�2Tr shO ?7S" 2226, ?3S OSP 2q2 ??SS, g• 2 ?g2 3o OS. Pe, (7 3 328 335 338 63 Q4 7 RF6 2? 23, vC1 ?gg S7 ti Sg 7 �O JO 324Lr) 337 334 O 206 ?7, 0 2j8 22> 23 24> 2J 264 ?63 ° `26\ 320 2 2p9 R ?7q ??3 23g 4 2 243 J'P ?SO ?S�6s 3O6 374 327 '47 y 6>,O O> 27p 2,579 ?`'6 23S p 2q?qg 2S S ?B 30 310 323 326 N ?? 3 ? 7 ? S 319 322 2, g ? 2?> 234 2q3 01 ?64 307 304 319 2p2 °4 ?p ?°y 1 4F� 4 2j `''3 ?3p ''3p OQ? 2Sp ''Sg 300 375 314 6g 2pS 309 310 ? 4 S g \>°' 01 S> SF C ?O3 v00O ?0S B ?7j 1 278`2 37 2 g? 2q> 7 ?SQ S 305 304 °� 57' "9SH,O �.9s 264 20g � g 279 ??3 234 ? 243 �� 2Sp 269 � 300 P 2 'P T ?O ?p H OSy^ o� O°RFs 2,579 1 ???s 0 23`S (, � 28246 2s, 5 s7rRFFTR rat y1c5° 1� 6>07 o ^y Y gO 205 �j 2,5 e� ?s 4i� 22 t71 ° yy N°yyy°y cP eg s s p �ii ��°°ry68 '=Py ' O� FST °oro b�°o p roFyq'4 2,923 23 ?34 23943 yy v�� oa 70 J RFg 278 2 �> �r�4, y R y dory 5� ,p yry°y 277 274 223 �` yy8 2J� 4 g O oR'�F 2j9 0 4i' Vii p' O3 y yry� ry C° �O g30> O o o p o O ti h� yry yry8 Q4,0i ?p> e Qom° yry ci' c`Q 9206 2O8 5 p p [� :7 y 677 6 0 O "'O 5� U cu 0 n W M LL a O 0 125 250 Feet Vame- S-1 B IP / November 2( n COAST s 6n y° 000 � S O pc S yo °° e 5100 FqH y ti� n S � y0on y Rr�F R n - IMERF@ o COURT r IP ODYSSEY COURT Qll �Mqm cD�� Dq q VENUE U 5 A� A A 1,b 7O b O 4 O Q A'A gsNA Ag Ag°9 'Q/`F AgpO � O Agp� g v7y s AF'O •i gOg y ? p A pg°� s70 9 d p5,� AS°9 1 / ry° r PyOry`'0 �/ pb PO p0 00 RO �p O y �00 �� Ory ��� �pp119 AVENUE \ p° d p1°° eg i°° O^ b ^O ph°1 SAO \/ abs 611 \ h -F S s 0 125 250 Feet Name: S -2A IP / November 2( cGAST 4535 R/SER 44,, � AVENUE o 4402 1 nANNEL PLACE 61 HOAG Oft/E (PVT) HIGHWAY gALBOA -- -----_ 4007 4 ,� o_ WEST �A r:3:11:j— C y Iii\v2 1$ 18 O –_ VES 0 6 � 19 $ (PVT) N r 20 $ v g° 'o I � o 23 J 96 rs 1$ bry O Bulkhead Line 2e h0. j Q 24 S 0 ary0°' 4p28 N y � 56 pry o � ry 20 2S tI� o -o- �tr 9 4g 7 Al^O tr " tr O O fn 41 92 68 I y'$ °'� 68 a Oh Q >� tr P •� 10d oA 1h CHA ��2 A A^Ory pUo11 yo& NNEL c5 °' Bulkhead Line 0� 3 3906 20 20 j 1 Y o i,� S 622 m Mn °s�(c��,�,V��E 9's F� s°s pa? ,a�11 �' A O.D >9L�2 �i`i7� s a>d �+ s°>��9�L.( 01 2 620 s°o � OosOm s S °? °^� �s � s,> 's sy s°O °2Q � r so?\ s s's �'' Iy sos o" 00 ^p nj o1 s o 'si 1 a 524 �n 5 M 622 �O OV Q O °O o, s�`� 616 P, �> a 01� 5 i7. yL 00 "''O �O 96 11. F s s°s 5 17 O % ° .50� 1ryp ��a 5000 F 3 � ° .9L �h00 -A O8 X01 V rL 506 3gos os 504 o5 $ 90 3 �0°1 0 'o °so° s 3h� �O1 c h1 so2 1p° O �> �' 901h 9 O(�E� ? 9h1 .o"o�y >' QO �s 1,A p� FINLEy ASE S 9 g1°� 1 ^ ,>x, O '! 660 1 •-'p ° ?, a>� ° ,i `�Oa v d, >s .A1'1. 402 Z s o 9 irr, ° !,9'%' O NO 0 90 13 1 ,, , '�s •A l��O a>�o los �� Oo v' nA F— LL NQ �i 801 �901�16 D ?'O 2> 16 wsOO d O 'S1p`�1 wd'i a >aw X01 QcA 0 > p6 Q > o o 06N .SE. 500 3401 FINLEY AVE 410 408 {A 406 4oa 402 \ 400 S o0 c M 3363 Z- < < D 3.Ad0 3473 Cz \ 332A G O yi g31A A3300 0 wwo VIA MALAGA 505 \ 0 32ND STREET 3116 3112 < 424 N a o 530 40/ 2 31ST ST 31ST STREET - H� 33Z0�0n0m2�\q0 �-U. v � �0 0 OP6F\6\ 3 1 6 0730TH ST 30TH STREET 29082920 2912 910 2906 6 \1\1 � 2900 670 \ a \ a 20p1 29TH ST 29TH STREET 2633 X2826y -28 p 28TH STREET 626 L �28j8 \ O 2g20 2011 ?87q 021 '1916 2610 27? 8 700 a o O 2610 2616 0 2>s �� 2011 2091.1 2011 9 N 2gOB "610 22010 01 \ zg08 20p0 10 28 ._- 006 0 Oq `�>� o No 2200p TO`/ ?1900301 - SHIPYARD WAY rr 26TH / / z /m 2621 0 A ti N'n O 0 125 250 Feet Pos 601 �y 2 's Name- S -2B IP / Novemher 2015 2414 2410 2 2406 ) 2310 Q F— LL .C: n m O M� W 1 N 0 125 250 Feet e- S -2C IP /November 2015 !z� m zapp � rytiro NO 9Z 9,9c� 2z 2116 \ >B J ti 2608 2�s � e��Ly\ '0 0 207 200 / 215 1,910 211 \ 1,900 I 6q�e SV s °q N (ALL STREETS 10 >T �\ n3 ro�� o ti no � w LACE v~ m o� ro PMI 1770 SLI 1 215 �l 1770 n �, n c I5 211 'e m �N y V n ^ mroro�w� m 1733 ^� 5 5 y ti o N J o m 110 ^ n n n^ 1500 2 WEST FROM ^ n^ O W N N O M �'✓Esr � � � � rp � o H3 OCEAN h h N O 0 107 W $ 101 0 FROM ^ y 0 0 0 0 A 1441 215 277 o N h 1500 2 WEST �� v 1928 1938 c1Rp�� ro ro Q m m m SOLID , oo m 918 ON n ON oM y m 9 07 915 1 <, a O O BAY2S AV ENW UE S 1 a N 10 F N N q a a a a ^ o o y BAY206 ^ V O W O ?S n2p4 ^ M ,y `v s AVENUE y ry m 02 m M n a 2p0 1qW N X $ $ 1441 ^ $ ry n N N m c ZS LU ty WEST ^ O7 [V �V Y 1 ^ ^ ^ O ^O ti ON 0 100 ^� 1001 ^ N '� ry N ^ ^ ^ /ti ' N N N N 7 ^ n^ A 0 o V h NO ro \ ^ O O b O 0 0' oNi N ^O t0 209 N N ^ N O n N °�X20 9 ^ o r m o 0 0 o eC VD N 190 0 a o 0 + / OLu !�L, n \ v o o o O1 m m ^ 201 n^ n a ~ ^ A < a o w o n o 1327107 0 723 H i 105 � ^ \. 8 n / 0 125 250 Feet D IP / November 2015 U. Q C) N fpGEh'A T � fR AVE 9 Wfsr 0 �? ° o" " EpGf `TAT f\ ro o i7"� 332 � o 327 328 n EAgr 328 315 W 326 319 ^^ S o w e J v 337 M \ 12F o P `�0 314. 323 � 324 317 326 � ry o h ° O 3r o 0 o Sys i7?1 1 Sl y 322 32 e 322 325 3Tq 327 710 0 0 32y 'r O 3?0 319 32p 323 322 32g 33p 329 n �qrF b o ^' 90j o 0 0 u, `'? 3 �'i � ^0 w 377 Qi/ �/ 318 321 J 320 313 328 .328 not m \s R '0 801 o iJ NP w '� 20 '7iV, �S O .?� �B 375 316 319 j 318 327 W 326 325 N ry � n �`F1'G 0 p io .a 105 0 N 'u0 �' �2 31 317 W 322 e 3 O F o / 0 307 308 371 t� 310 373 315 377 37g 3T7 ti `� \ \ AVENUE l h �n in 308 309 Q 308 -377 n^ N O 20 W n' ^ h y o 2 O ^ n b ro 5 W m m h ^ °' n /- h h N ob o 30> a 306 3Q9 ti4 1q 2 3j3 374 317 vi "' \S n ho 203 �Iy �/ 204 m ^ o W 9 b f0 30 3°7 2 3j1 O 311 O 375 318 201 TOT b.Ow WEST T h 4 30 O 310 W 31 ti ^ 777 WE`S'T 200 `� ra to m o m 205 rW �" y^ ., 8 m N 5 3°8 m 3079 310 313 O J1g6 317 X07 y 723 N m n 7 o m `g 203 b y n 501 BAY ^ 8^ w F n F 1(q e 3 68 3081 0 �3jo 12 31375 h �'i ao BA" 13L 201 307 307 H W 108 B h h H g h o o ^ In AVENUE n o b 00 30 8 317 = V p v, h o 0o y 100 N Nno m 6 308 e a° �c 105 h N > 2Fty 8 ^ h^ n ^O b n "'EV I A h ^ 0 ., ^ N^ ^ S N o N Oa 4 VJ/ 3pg �.liJy. a any 9TF'9 ^ 8 o w a 167 523 ^ ry N 106 y °' n h .� ^ 9 o N N N I S 5 6 b 0 = y y ^ 169 1p OA N N p O b rvb O h �O 3 pryry p a .- 8 h h h b b m a e ^O S N H ^m M M b `�g P apo O e9Y a ary0 O° 61 y0 FRONT h V� ubbi 2 1°q V WEST � % ^O O O w ^ 3 IO y S h �h ?Q �� �G 1 9? V' •Y .� SEATO q70 V R IR o m 0 125 250 Feet Name- S -2E IP / November 2C Ao7 9 2 ry L 00 'I X27 779 771 TSS 77 O 3 7 \ 7 400 QW 9 2 300 �P X09 SO4 gA4soA \\\ e7V 807 LL Q V U) c • �C: W cu O W N 1 cn 09 - 600 Fgsr 4 1� le y ^Ory 209 ^ 10^06 900 000 A 2pB 3p7 �n ?pA n�� OqY O `\app ?OS 0 -70, q`8 l70 2 0 °4 �P 2p4 °0 QQ.°_ tS Q,r o ry ^ ^00ACeOq 194�O Bhp 104 ti 801 /S F S 105 / 2 \\ �sT gyp) 700 �cO ^ y o0a 00 \ 0 \S O �Q[y 0 . 0 0 0\om 0 0 125 250 Feet Name: S -2F IP / November 20 abandoned right-of-way 49 i b o\ v / Co J {oo ♦ � � T � ♦ y Olb \ on N o j � 0 6g4eOq sol 0 0 M� * Deed Restriction Setback of 2.5 feet to garage; O N ^ eC VQ � nn 0 o � 0 O O r, i0 O J abandoned right-of-way abandoned right-of-way n W W —70 5 .°j 0 �� V sr M BAY AVE_E N -BRY_gVE=E O O sT �� a� N 010 5 5 Cb y BALBOA 9 S � 72S nh0 ^y ti^ Cb 17OOb ^y ry0 7S76 �`�' �h 773 � ^ n�0 n`4 nh n`Ory0 `h ^ ^moo I ^ m O O 0 \ ^ 0 q 7 oN O N 4 ary \ ynh00^Onh n o o 641 ^h 0^ O10 ro 74 rn o ° \ 0 o J abandoned right-of-way abandoned right-of-way l ----------------- — 0 —19 F 25— — -- -- 3 N N N —4 BAY -AVE -E 8nv AVE_E 506 71 507 507 506 N co m o N m m 505 505 504 1902 0o g 0 N Vco v0i u' = m 502 __5-03- 1700 N 503 502 No N N ry 500 501 501 500 1902 2020 5 55 BALBOA o � N iV N pb N W N 00 BLVD EAST N I M o 9 9 5 5 5 450 427 P 340 426 445 N4 454425 338 Z ry 445 4 5 424 441 <440423 M PLAZA DEL NORTE 334 422 437 436 445 421 433 43310 330 419 420 432 327 326 429 of 429 wy S ?h�o Nryph d 4 sobry^y ry sry1sry 9 ti\ 2� 1 2h 1ryry0^ao ,Cts,yP 5t'O i7O O �O r 324 417 418 425 424 425 (fl, FRR9 ry°°� ry ry°'�' 922 OE( g 322 415 416 421 420 318 - 421 413 414 417 416 2118 214 h 0 bo�� �� 411 412 413 m 412 415 ORANADq AVE O 2218 7\g4fgR ^ n _ 409 410 4091 w > 408 o N �j 2201 2222 13g0 % 1608 ^N / 0 125 250 Feet Name: S -2G IP /November 308 407 1 408 405 N 405 N ry ry n 402 22p5 2226 P' 306 401 Nw 405406 If N 20 N 403 404 399 (�` N ry N 2213 2236 `) 1p 401 402 �� o w SEv1cc 2X19 22A2 400 N / o oy _0 s AVENUE 2250 A N ti 2254 O m N N h h N OO NN m N ORIVE 'O N �, c> a�� m„ 2270 A 4V N V � N ',ON 22� QD �0 N 22 _M N h N $ b N N OO N �h 22g0 N �O N O N N ry o O O N N o h N � h u� tOo tg N �v N ?.?.2Ao $ N `� 0 8 N eu n ?.?.2A 10 N p 10 N p m N o f OCEgN N 2295 N N N h _ 11n BLVD N O \N��$ N �O N ti 2125 ry rytiti ry1 tip ryry99 / ryti ryry� ■■n, wisa'a aba done ''''�■-•. right- f -way 20 feet■ 2 feet 11 feet_ 14 feet, �' ' ■ ■ ■ . ■ tback line `----� --setback line ■ v o Z 2900 ry v"i Gi m m N N N N N b m iz Z N N m f 2140 $ v N P N N w 8 �s 61, ,0^ ry60 m 2s0o ry606 ryro0o' `Z 6 ry60 `L ,`6 `10 6 r1, sb No O ry6 609 SOL rybry 6 Ny ry rybb (� rybry ryIS ry � O Q <C�� o^ F<< `L1s1s0 ry ry3 1pp o ST a IV ^p N O 4- �~ �� 00 00 500 1806 i I 507 Ago 2 26ry0 w 8 �s 61, ,0^ ry60 m 2s0o ry606 ryro0o' `Z 6 ry60 `L ,`6 `10 6 r1, sb No O ry6 609 SOL rybry 6 Ny ry rybb (� rybry ryIS ry � O Q <C�� o^ F<< `L1s1s0 ry ry3 1pp o ST a IV ^p N O U. M 1 N 0 00 ^OP >03 Oro 0 �O w 105 ^P Q 0 �O 101 1�0 O No N ro N 0 9� O\BES 0 v\P "; j 00" VwA! • p o d' S3 n P P^ pry P� PP o ph O 60 1 50 Feet STREETS PVT Name: S -3A IP / November 2 ry6 � N Op 0 Pjg2 j 2 <oo ° J 2001 b �\M� 0 \O \ o0 tr P \ 9 b0 0 Pp p b 2q0 A P i 472 re 001?S a 10 4 ti V7 S 430 1� 1801 Jv 1410 14002 211 1201 1111 1101 1021 1011 N 3 7>30 ^ Q ^ 7?00 ^ ^ " N 1510 ^ ROA C 520 ^ BAST \ 1400 r ^ 12 40 \ NN 1200 \ 1100 ♦ ♦ 980 HIGHwAV 7 / 227 m� O U m¢m O F 23 v7 1�q P• b / O O\� \ 23q 477 P"' �b 30 239 $ tr o0 0 237 Ue op' b 35 22B hory U �\ ?, R- -Io -Io 277 S27 $ ry yb 0 h 2020@ 207 2j7 Q Q 278 0 X22 X23 6 $ � y„ro. P r 63j 20 y �o 7 $ P7 $8 206 e 2j0 27? i�Q 275.7 2?O 223 Rb q? 7 , 2 \ U �2 ZA 08 2 273 278 22 = 237. ro 43 r$ (1oa%$ 206 e 70 -,o9 3 '•$ 200 204 Og \ Q 9 ?2 ,O 60, ti0 ryo 729 72g 20> 274 ^ �� s 12s 725 y3Q c 260 $2 206 8 �e 224 $ ry 7 y23 y23 126 07 20g ?77 Q ` 222 623 g aY �o o O 121 1zz yap , S zoo 2oa 2r Q ?2�2 T2s e $P 29 7 276 20 33 oh ry Q► 170 120 126 125 r,$ 207 207 2 Q� 2r3 223 7+S o 124 '2 \ 220 V o0 175 11> Q 11fi 17B 721 .N.� ' $ ?07 203 vSU 272 0 279 27 0 9 27g S �o �b 1 J 77 O � 176 yy 700 4 QP 203 277 ��\ 27 225 �: y T 1097 Y 7j2 O 7\ 8 �� 7j6 129 72s 1 ` 2 dJ - 2j2 27 22.7 r S ^ cryo P 10> i0 2 715 2 774 727 723 1 $ 202 Og 2y� *0 5 ==e 227 232 10 705 � you 17 7�3 U 9 r 2 2 Q4 �U >77 nom' o O O 7�3. 102 ; 10s los 170 119 = 11r 120 722If 7,S zoo 4\ 20 9 2js Q�� 220 (0 146 'S` 1P S 727 ♦ 3 2 q y � 7� 7pa i0j Q l06 7'r 77s 17s lls S zoy w. -'os- 51 os oie 2yq lU 4q 'a> 7 S 705 , 173 QOQ 114 1 57 7j 6 1oa yDg 71y yy2 17a yp0 7 zoy 270 736 745 3j 7 520 105 7 710 712 0 113 776 715 7 S 204 7 X-3 2U 782 74s /°s' T 706 170 ^ 111 11B 715 119 Q 200 , 32 133 J20 796 yq9 706 113 1j5 128 \ 7 1q2 h m h y h m i.$ 104 10 1107 712 7p ` 713 , y �Q 3j 136 745 1 y hry h h h 4 7 6 a 06 a 170 8 dV 7117 17 24 24 12> 132 737 W i '' I-1 K4 b" KTV 0 70 J M s � 32S ry o 3 -133 O{ 2?4 235 ,V� 33s P p0y 2?0 231 Q- 2,73 270 .O �2> 229 240 2 Y' 232. q0> ZOq 1 j h7 230 273 27> -O Oe 224 284 2 20> 2>S O� O 220 230 N rvy 2j 220 7S✓. \ 0 27012 4?1s O\ 27 02p8 21> 200 206 o -o ry 20> S y p 12S 723. 407 s` S 2p4 141 4?4 724 7 S 7 i, SO Se 1� 13> 140 SJ /• e 1 q30 Vjy e I� 0 125 250 Feet Name: S -3B IP / November 2015 � 111 O i 109 Y 112 107 100 05 ,04 7t$ 707 " h n rvo %/�ti yryy M N �O p� " O " �o 1 I h hry 0 S 4 � yop oy h 0 �S ti O 60, N� y 1 VE (PVT) DRI 9>T N ?S 0 ZS87 a 2gS1 Iu� ZAy, N ZS> ?S8S 2q3 1 441 O� Zbyy O NN N N N h yy S �� 2582 2qq ryp6,• P�Lm ,� N Ny ryhfO � ?S>6 ? r r N Q70 p� ry' a 2832 Zp� VISTA DR (PW) By y ry rvo-y o 2q>S V 8 m N H nyry V/STy ry0o P ry rvph by "' N rvyo-^ rypyo yry OR ry ryp ?S 2532 �.f� yy° rvy gory w � 2 'Y ry ory 3' SH rvb F rvy ryp �,. yry ryy m ry o^ ^ ryo- o ry y� ry ry by N y� ?S Q ry �oryy �ryryIN rvyyry bry SO '�, ry rvy hry y O ryy rvy� �y ryy y rvy y" ry ryy 'V p 232 ^ry r 6 y 0 ti 14 14 ph � 1q4 > 7 ^ by ~� 140 7qS T3> S/OD ry yo 3S 139 =� 1S? >4S S ^ry o0 12632 1331720 7 746 149 >6 1 S o 1 r 4? O \O 1171 1176 TqS a 749 7 S r y 0 0 ry 1 Ui2� 7qS 0pS y roryp 9� 'PO ? 7418 .7 S 4^' yry o , � e7 z3 O ,17 m 1?7 1? 133 1 > �a' 140 1176 17> r?0 q I -Is \T2g 730 = '• $ 7:e'>•3$q SQ9S >\ OO 111 1q7,?�sO10 JNS�- 175 116 ,?, 132 11 10i5 108 121 129 1—O \ 0qS g �p " rO $ ?S 73 106 ?0 79 1\q 135109 776 191T?0 o ryo o;> 5 , 71? 1. '?4 1 `00 N '•$ >80 708 ; 1pe 717 1? ?s� Hi� 928 ^ ^h ^Mh " r'$ ,0 , 10g 116 ^"' m 0 06 10> 719 ry g a 7:$ 006 70S ; 77? 77> 9p8 930 y" 4 7: 7017 108 ^g 1 ^ o o y 7•`S 878 q 06 Q L •S� 936 1O y loss 9q SO* 4 m 0^6 -04q 10 mN " y" M 4 939 075 N N Ni9 10 K4`� EM, J Collins Island Front Setback: 7 feet (harbor) Side Setback: 4 feet Rear Setback: 4 feet (private road) Easement for Private Road per Tract Map 1723 /L ry0 ti001O^ ry $- /41-- 900 4p l ,0 150 300 0 Feet Name R-4 IP / Novt=mht=.r 2n 900 1032 1000 p H o 842 90 0 DRIVE 829 0 yS .p m 11� 'TL OPO 1012 \ OLS% X10 126 124 om<° 126 124 Si om m a 126 124 000 o X10 0 ono ¢ ^ ^o n n a ^ 324 m 327 127124 326 125 330 125 123 328 O > f$ ¢ 123 121 119 no 325 123 121 119 O 325 324 324 321 322 123 322 323 322 M323 322 ]323 320319 F. ! a 320 318 321 319 320 318 321 319 320 318 320 318 O 116 114 316 314 317 315 316 314 317 315 316 314 317 316 315 O O 314 316 315 ! O 314 315 O 1312 0 311 co 313 !z 312 313 !_! 312 313 31 2 313 x > 112 115 _O w 173 z 310 311 O 310 311 a 310 311 310 311 308 309 308 309 0 308 309 ¢ 308 309 308 309 306 307 306 307 306 307 N 306 307 306 307 304 305 304 305 0 cp 304 305 304 305 304 305 302 600 303 301 302 300 303 749 302 800 303 301 302 300 301 302 300 303 301 226 F 227 226 227 BALBOA 226 227 226 22700 227 224 225 224 225 224 225 224 225 224 225 222 223 .222 223 222 223 222 223 222 223 220 221 220 221 220 221 220 221 220 221 218 219 218 219 218 219 218 219 218 219 216 217 216 217 216 217 216 217 216 277 i 214 i0 212 215 Oji 213 214 215 0. 214 215 !w! 215 O !w 212 213 ! 212 213 !n' 212 213 212 210 211 ¢ 210 211 a 210 211 a 210 a 210 211 208 209 208 209 ZOB 209 208 208 209 296 297 206 207 296 207 206 297204 205 204 205 204 M 2205202 2200 1000 AVENUE 1 P O¢ J JJ0 Jiy' y 72 4 N 176 117 N � 76. 77 54. 1 2 114 JJ J'2 77 � pJ0 Jig 20 z 112 113 > 70 0 77 3 �J� 774 !� 110 111 ¢ � B 709 J JOB 707 `� 706 107 o ^i` RA a rye h� '� oo ¢ 1 ti3 Irzu 17 778 1307 1315 m O Ory 173p J 9 C 707 0 0 712 $ A 1 qo 00<ay 1200 yQ 7p O H 106 017 �y ^ '2� 600 'O Q � � 7 ^M1 � \ry tO 1111 0q I, ^o 1137 F Oma' 1M 13ryy 79 o� Ao^ 1 72 7g 10 A10 1 1A� .330 333 330 333 330 333 j 332 331 �s0 326 329 328 327 .328 329 z 326 327 zOj 324 325 324 325 324 325 ¢ 324 325 322 323 322 323 322 323 322 323 322 a M� 1A01 320 321 320 327 320 321 320 327 320 ORy 378 319 318 319 378 319 318 319 318 SJq< Q 23 10.01 316 317 O O 316 317 316 317 O 314 315 ! r.314 315 O O 314 315 376 315 00 z 312 313 y 312 313 312 313 312 313 m 310 311 > 310 311 i 310 311 370 311 0 O 308 309 w 308 O 306 ¢ z a 309 ¢ 308 309 4a 306 307 ¢ 306 306 307 306 307 O 304 305 304 307 304 305 304 305 302 303 302 303 302 302 303 300 301 300 301 300 307 30 BALBOA01 AVENUE 1103 0 1709 226 227 226 229 226. 227 224 225 224 225 224 225 224 225 222 223 222 223 222 223 222 223 220 1 221 220 221 220 221 220 227 218 219 216 219 -218 279 216 219 216 217 216 217 216 217 216 217 a w0 214 215 Out 214 275 nwn 274 215 214 215 ¢ z! 212 213 !} 212 213 i 212 213- z 213 ^ O a 210 211 a 210 271 a 270 271 210 a 208 211 208 209 208 209 208 209 209 206 207 206 207 206 207 206 207 204 205 204 205 204 204 205 202 203 202 203 202 203 203 200 70 201 200 201 1304 1306 200 X01-, PARK 495 127 126 124 127 125 126 124 127 125 126 124 727 125 126 724 -127 1205 124 20 127 125 124 127124 124. 122 125 125 i 125 123 125 121 119 O 122 120 118 N 123 121 119 no 122 120 118 123 121 119 O 122 120 O 118 123 121 119 122 1123 120 118 121 119 122 120 118 123 121 122 120 116 123 722 120 778 123 121 119 112 113 121 719. 117 ! 11b i 116 114 117 115 F. ! a 116 114 117 115 ! T 116 714 iil N N 116 w 114 117 Co 115 N O 116 114 117 00 l�I 116 114 117 O 116 117 N i 113 111 0 112 770 113 117 a 112 N 110 113 0 O 177 712 110 115 171 p 112 a 110 113 F 111 < 172 1100 A x > 112 115 _O w 173 z 114 112 115 113 109 106 107. 108 1007 1q6 107107 106 107 706 110 108 111 < 105 110 111 (O 107 O m An ro T O� W IVI'�I' I' Iolol o o O N'' 0 cp p106 y N 316 � m S 321 1 31314 2 ,n 323 3311 310 ¢ 308 m BALOt PL 3 313 .7 1 306^ 9mZ 31 304 0 311 G� N 3 �1 5 AVENUE 6 1511 224 222 223 222 223^ 933 0 220 221 220 221 216 219 218 219 216 1 217244 216 217 m y 1 214 —214\ 3 N O— Nz�f> 272 213 W0� 212 1 210 211 > 210 211 4 208 209 ¢ 208 209 a 208 206 207 206 207 206 1 204 205 204 205 204- 2 2 04202 ro o ➢.. 9� 200 O ^e� o�n AVENUE `126 127 126 127 126 70 127 121 124 122 125 123 124 122 125 123 124. 122 125 125 i 720 118 116 121 119 117 120 118 N O !r1l 121 120 119 118 O 117 116 121w 121 119 0¢ 119 Q1 177 114 115 m116 ! 175 N 111 115 112114 111 < 113 i 113 0 112 113 110 106 107 ¢ 111 107 110 111 a 110 106 111 'fin„ 106 107 N O VA? (p o b N p 0-0 �p ^ O m a m 351 Z 0 O amu' 2 R0p OA R�3 �y 00 SPD a� w � 35 000 ROS h 12 901 O, °', w'', an N� oaNE 33 3A3 POO A as `� �o °a J i208 3i� �tiP d ry 2910 ap r'Q6 0 ay a�9 n�0^0 ^� S �S y 3 2R 2914 a� Q a aQ s 00 n0 '� 2>> 2p 291 B 228 aasa9 �d 226 gyp, jO c m 218 c'' 278 N ? ?'0 A 2 mry 20? OS •• � 201 9 � •• 200 • 5""tP o • a �• 4 0 3300 2� 3 Z c7 ° 0 3333 O L7 tee=, h h 9 9p�92 3489 9QZa O 33$$ �gr �i w�sw 5 co °o 0 150 .00 33 F e VIA MALAGA Name: S-5 IP / November 201 8 00 0 00 00 AR Sp s O, '? S2 21 ae S1aS SO •` hp 0 0 20 b Pry P 0�. ^h ry0^ 2 2Sp `SO S A "O S3 0 Dry 0 `L O1 `y `�' ry° h ry ^ry R's s e ? � SA oo ^o ory ry ory o0 A A33�S PAL(VO^•� ^hA�R'2B Au' O(L° SAO R Sj9?v' yS? SpoR, ?3 Pe° 24 `L�b Oy R?R A 7 ryfo S7� S2p `iS `�S Qo� C1 6,p �g °j � 0eer A,S rlh ,yi A2 A ?9 Spi S, S `�'' Je SA2 000 ^�° 9 6,' ryry^ AjA 42 P Aye A ?S 2S', soi S, 6 S 2S P,� ^�° R� OS R2`2 e°g N'2 A� R'S Pee A4 ARS ASS s ry0 ^ry 4 A7`s e``°s v N �� Oa A`982 RARSJ' SpO S'� 2 S? S S06 2Je 6 6+ 00 p) Q 6^P O°O • DRNE ry eee Ru' RpS �y `°SO � S S 2S e° S"B ?�'p SO7 sPe 6' S �• O°P ° e� A O 4Aj AA? srH O � S 'A 2ii P`> S � �¢ p6' - 77 �' 00 ••�• A 2S A�1 R3B FFr S 10 S1.q Su' � S �`? 60 SO) ry '� 7 22 o..R2 A33 .._ R ROA AfrARS `SO OA S, S'S S?S O S3SS9 SRS - p `�°O ^ 301 9�°N V hV ry e �te�° 2651 sTReFT r ryo, %K 204 h ry ryP^ P00 ry a 200 °q2� 'L If y2 724 ry0O On 2j 0 a° '20 0 O 0 Vm 7 ^ yicy 6 0 CO 1 �y00 ry,'0° P06 00 ry M� ryP ryh 0^ ^ ryP0° ry 000 ryh ryh0 ^ ry°j� ry ry� ti ryh ry�OQ` ryh ?505 �FSl 2241 0^ N ry00 srR \ yee~°ll 32 FFr S 3 M ^OCO 2017 o ya M oOg�DJca`�� .79 2007 2001 CUFF o G �0 h M 191, 0 �' J 304 1' 1901^� oo n o O o 300 ^°j 1831 N M cS ROAD Yry o o o h N o O o 00P ^ N oo 7j30 h 1j00 b 1931 1610 A1520 �' N COAST N N 1400 1221 1240 1220 ��� q q� ?g > 3g � Sp SpS �° S> A.>@ ? S?' > 2jO> FFF� •. OS qi q2@ 36 Ory Spa �, O^. "4c 00ry 1701 Xjl qq 2504 J0 32 H qO1 v q>q q?� 2j q3 qv� �:o Qo �ry MJMESV P� AAyO^"/ 1O140Jap7 J?41 ST� 279q35g' `7' ry� A .� ^O 37 32S � �N 433 429 930 675 S7g �•+ ry,5'L 1 O � 3>g �O 418 427 430 423 g 424 577 ° °°S - IJ 'P @ pa' "i y,> >� ga2�c %F 412 S 424 417 419 505 'n S>s v?O S77 0 7 v 3 421 6 ry N"O S07 S91 @ �1 ��Oy op 408 415 418 411 412 501 7? ryrybb NA q0 �O - ?0pO 400 407 412 407 4ge 419 .418- S01 } $08 006 app r NOo �(Y y 330 408 401 415 - 415 $ 401 400 412 094 �yy 324 400 339 407 407 408 g+ • 333 336 406 'S 318 330 400 327 333 330 401 400 401 $ mrvE > 312 324 327 324 333 N 300 G�11 4iFF 321 324 315 I 306 318 ry� 315 318 321 318 321 �4 ,�00 o w 3� N >g7> �O A � y 304 a 312 315 �' 315 # 312 O 307 °S M1 wnce O 1901 n o ^ ^ 300 1100 1000 306 309 306 �0 200 k aF _� ^ 900 800 700 �p KNGs �. '125 1831 RwD � o ^ 124 125 $ 120 $ N ^ K~Gs R m 0 1O a 11, $ x v N 0 1>00 112 1931 1570 0o RDM ROAD KINGS GO 1520 AS7 ^ ry 1400 .'•.•+ 1240 ry .+.♦,♦ 1200 300 HIGH 1100 980 950 1. m 700 600 a �a 'es, 1X21 wAY +M' Coastal Zone Boundary COAST FiWV WEST � 10 P,LRi%I 2090 J - 0 E 2871 m� 2651 2831 / ^O z o22�y O ry� a 2s>s se 10 Ntr^ h^ 2wJy926710 �1y^� 25j1 / v„0 21 _ 2632 0 2 282 ti a 24 2F>7 �i 10 �y �. - ^ �O 2so1 27802 2811 a 2812 _ P^ p0 A 3 t� `782 277 b b�MNb'V ec o ?800 7O ryh VX589 25j7 Y'O 7 C Y nv / 2J>. 891 O . 2 b .�,p. ^b e oAp `� 2•q 'L � ;� by " � ry ,� �`.' 0 S? 27>I 2>S q?S t20^p�_s y ti ph `o 1/ yry ti�a 1657' ^ tiry�m y^ryy j\,4(ory ;yc�'�'�. ry P 2i>52. 2>�1 , 7>7zz, h" g?�O 4 - 6 / A 2 2?p (/p y'V Nb Sqa 'O ryc� � . n.: ryC''l� ry �s•9> Y 2J P � `�7 214° 213 272 t 224 61j 0 h Nh _ V Y � ry 6S 27 5 _ _1 NO ?pqg 207 ?17 ?16 22?2 223 � 197 4?q ?4s g ?p 9 2 16 19 .227 � ??6 '3 O� \ ^' � rO j 73j 790 9 ) 12 279. .25 i ??q h - ,y L . 129 ie X32 d - ff 126 1 [� 2pp $ '.�q1p 20936.21281 2S7 M1 607 y hNy n N i o° xy/� 5 ry i 25 � m v � � 4NOOVER Name: S -6-1P / November 2015 V GggT 0 HWy EAST 251 0- 201 U. Q D A 0 0 \� �p�\ �\ \ \ I 1y1 2s, p�o�N "Oe 201 20, CO 0 DRIVE `� 10 � rn N o 105 pph �\ C — 0 __ LINDA ISL 5 lavrl 6> <J 6 _ \ $6 ?S 1\tirp\ 1 \ 5 � �O4 \ \ \ jp F 4 ' 427 0 i o 69 5 0 / g 70 0 6 433 9, �;\ c\ 6' Front Yard Setback = /cHwgy 990 43 �� 7 439 �� °F Building and Side -Facing Garage. 8 42 \0 ° c 66 9 443 43426 �' * 18' , 22' or 24' Front Yard Setback 66 501 Front Facing Garage. p° a 64 j ,, ° ol s 440 -: 1 N 70 <a h 63 117 soo rO M �glF / b '3 O 15 \ rO h^h _ —/II/ / ! _ PRO `2 Som b� a'� 14 N 5 S12 S 76 �9 h� ?1 N Sl I ' 1 " V 76 0 525 o, _ N 70 ry a ?S /> S31 530 N N 76536 'S hh^ \ \ 3 C / F N op ^ 542 10 14,- p e 11, 721 727 747 JeJ 733 O 0 73S Q 790 � 15 0 1a �^ '?� ° CO N 10 15 CV 54 N ^ C v v vdi o 0 10 Se 726 55 �� 47 HARBOR 6-/-1$t n $ 7 o o S ISLAND (10 842 01> 7?? 0 56 t010�0� 41 dol 01 35 29 <ol (01 23 DRIVE / /ro 0----I42 CO ---' 69 / 707 > °� OD Q CO 49 OD 36 < 30 - W 24 76 0 68 58 .�- `50 '{ 4__r$ 37 31 3 11 xOr 0 25 0 67 829 DOy o of 59 r IN 51 44 w r38Y Z1f 32 �y o r 26 66 r 829 60 r r 5245 r w 39 p 33 r w 2765 w x r Q m 61 ;� 5 Y 46 40 N 34 �p '_0 28 64 3BEACON 3 BAv 3 829 S - I COo N7v;-t 10 n o h _� t0�CTj N N N tN0 0 125 250 Feet e: S-7 IP / November 2015 setbacks measured from original lotline established by Tract Map 802 -------- 1 o 3 -�- ,• feet --tb - �'-- se ack line setback line ♦ ♦ �� ♦ *4o' e 1 �- -- - --�-------------ryDETAIL Be \ O \ P \ \ - \ \ / \ DETAIL C Cb ----------- \ is L b ` ♦ ` Q) DETAIL A Name: S-8 IP /Novem setbacks measured from original lotline established by Tract Map 802 1\ 15 \ / 10" 10, `° I / / setbacks measured from original lotline established by Tract Map 802 / / M �cF i LL Q 70 L O c� 00 U) F9 U) 1111 � r)T0 `�F 1137 Bluff Development Overlay (See Map B-2 - Irvine Terrace - Dolphin Terrace) \ �nn rn •- 000� g? 333 330 333 332 333 \ s w 327 326 329 w 326 327 z^ eqr \ w 2 325 324 325 a 324 325 v 3241 ' 1 2 323 322 323 322 323 322 q5 `� 1p0 2 321 320 321 320 321 320 °Rys h Po 1Ap1 rq �a 1 319 318 319 318 319 Tf 17 316 317 317 316 M 331 3 1 \ N2 315 314 315 316 315 314 Z 313 312 313 312 313 3 2 0 0 323 3 11 311 i 310 311 z 310 311 Z 310 < 51 1518 3 316 309 ° 308 308 309 308 ABALONE PL 313 307 L 11 307 306 6 304 305 304 305 304 LO 304 m2G 3 �p9 F 391 303 302 301 302 303 302 a o 0 0 � 6 301 300 300 BALBOA AVENUE 227 226 229 226 227 226 Em 225 224 225 224 225 224 1511 2� 223 222 223 222 223 221 220 221 220 221 22Bluff Development Overlay 219 218 219 218 219 21 p 217 216 217 216 217 21 (See Map B-3 - Irvine Terrace - Bayadere Terrace) 215 w 214 215 w 214 215 O v w w �3 213 w 212 213 w 210 213 212 213 z' 212 213 z 212 �1 211 ¢ 210 11 a 211 210 211 a 210 211 > 210 219 209 208 9 209 208 209 208 209 a 208 0 215 ay 207 07 206 207 206 207 206 213 205 204 205 204 205 204 205 204 `8 0 211 203 202 203 200 203 202 , 1 202 CT -12 1 , 7n 209 5 Name: S -9A IP / November 2015 231 ^ O ^°oo ^6° ^6^ y�8 3� O^ JR, ^y^ O 7F -b y°6 ^yry`' �8� ePryp 00e do 4P ^? �`1' sz� O� 70 ^y^lb Q- Ka 00 1�s 6j2 600 $ 606 610 600 '2 ^h16 SFAORrFT �� OF\NE \ ORiLF �� 155 eP5E0 0 760, i0 � o s �° rn EAORiFT o� 10 OR 1 / N 16 1701 1801 1800 � of 1611 �O � w 62 1709 y 1807 p Mq o N 1 162y 0 O G �m Rgpq\q 1� ro 162 m 1715 r 1815 0 1633 va 1801 ORr�f 1631 `" 1721 1821 1800 1101 1807 1901 1641 27 1827 m 15 0 1402 C� '10 "9Y 0- M 2 U r n�� LL Q W U F— W Q 66 0 1007 1007 (py0o ? o h 6 OAST 1009 =' o 10 n W - N A o vn 1100 f--8 ^ vft 716 18� 729 10 BONNI E m v- 712 r w 1• 730 721 m ° o 723 CO' ' 0 �s 'P e!q r 706 r� ^oN 724 N 717 71 S � O N ° 113p �8 709 9" 707 4 ^ 712 120 0 : Ina ,.701 ��FN F9 U) 1111 � r)T0 `�F 1137 Bluff Development Overlay (See Map B-2 - Irvine Terrace - Dolphin Terrace) \ �nn rn •- 000� g? 333 330 333 332 333 \ s w 327 326 329 w 326 327 z^ eqr \ w 2 325 324 325 a 324 325 v 3241 ' 1 2 323 322 323 322 323 322 q5 `� 1p0 2 321 320 321 320 321 320 °Rys h Po 1Ap1 rq �a 1 319 318 319 318 319 Tf 17 316 317 317 316 M 331 3 1 \ N2 315 314 315 316 315 314 Z 313 312 313 312 313 3 2 0 0 323 3 11 311 i 310 311 z 310 311 Z 310 < 51 1518 3 316 309 ° 308 308 309 308 ABALONE PL 313 307 L 11 307 306 6 304 305 304 305 304 LO 304 m2G 3 �p9 F 391 303 302 301 302 303 302 a o 0 0 � 6 301 300 300 BALBOA AVENUE 227 226 229 226 227 226 Em 225 224 225 224 225 224 1511 2� 223 222 223 222 223 221 220 221 220 221 22Bluff Development Overlay 219 218 219 218 219 21 p 217 216 217 216 217 21 (See Map B-3 - Irvine Terrace - Bayadere Terrace) 215 w 214 215 w 214 215 O v w w �3 213 w 212 213 w 210 213 212 213 z' 212 213 z 212 �1 211 ¢ 210 11 a 211 210 211 a 210 211 > 210 219 209 208 9 209 208 209 208 209 a 208 0 215 ay 207 07 206 207 206 207 206 213 205 204 205 204 205 204 205 204 `8 0 211 203 202 203 200 203 202 , 1 202 CT -12 1 , 7n 209 5 Name: S -9A IP / November 2015 231 ^ O ^°oo ^6° ^6^ y�8 3� O^ JR, ^y^ O 7F -b y°6 ^yry`' �8� ePryp 00e do 4P ^? �`1' sz� O� 70 ^y^lb Q- Ka 00 1�s 6j2 600 $ 606 610 600 '2 ^h16 SFAORrFT �� OF\NE \ ORiLF �� 155 eP5E0 0 760, i0 � o s �° rn EAORiFT o� 10 OR 1 / N 16 1701 1801 1800 � of 1611 �O � w 62 1709 y 1807 p Mq o N 1 162y 0 O G �m Rgpq\q 1� ro 162 m 1715 r 1815 0 1633 va 1801 ORr�f 1631 `" 1721 1821 1800 1101 1807 1901 1641 27 1827 m 15 0 1402 C� '10 "9Y 0- M 2 U r n�� LL Q W U F— W Q \51\ 525 5�0 \ 1550 PP/ n 1D 23A \ Qi 233 \ 1611 /1701 1801 231 161 '� 1 1 y 1709 y 1807 C, 214 22y3 162' 9N 212 2221 \\ 1629 �c� 03A 210 219 v� 1715 1815 208 215 9 1033 vm� 0 206 2211 163 m 1721 1821 204 c0 _ S0 0 0 275 41 2p1 \ 16 1727 1827 AVENUE 1645 126 70 127 127 1649 1807 i 1833i O ---_O 124 125 125 i o O 122 1653 120 121 123 1807 1839 I 118 z m 121 1657 119 119 116 117 ¢ 116 Al1 114 115114 115 113 w 112 113 110 111 a 110 106 107 106 111 m S o o o o a c0 0 r n n e n m m m m m I ONT SOUTH �Q) Bluff Development Overlay r (See Map B-3 - Irvine Terrace - Bayadere Terrace) I 0 150 300 Feet Name: S -9B IP / November 201; MAR4P 70 � 1801N1901 18071815 z1821 O OO,p L� 1401 22 i O i C§1 Q° A 0 ^A°ph'Ge9s GQP3' 'Op0 � 0 � A -- O ° O n`ti 0 1 D h 270' j m ry00p ry0^ � I\ ti^ry OTO 0 220 200 � O X �8S �8�0 � �o O 01 201 d 0 s's o p°s 23so 'FR \ X930 \ X01 7Q (\ otic 60o s,8sol � s'e , ti �� so >> 411" \✓ s GQO sig s s�sos 8 s���s � s 0 72 190 aG�� A23 9i?2 �c°N `6 O Si0 S 2� 80 `"g O^ b 9u'j SO `rOA Sj8 S2 qL S°u' WATERFRONT F O S c 039 ti ti� A 929 V 9Sr0 $6 cOj) Oo' 10 Bluff Development Overlay s �w 10 �� �P 7 'O2 92 P go4�2A Qhs o 6s (See Map B-4 -Avocado Avenue / Pacific Drive) ?,?s ��o�ti° PGP° °° �e A42,° AA280 Q2�i s 9?8A'O a ,` rL'L ,1 ti0 A 9 26 A 9 J4i 7 411 292p 3 A Abp 9 S Vry 9 ry0 Ory a A2A A2628 9 1927 2121 L a He *Pacific Drive - Buildable Area. For purposes of 2'07 determining the buildable area for structures located h ,j7° \ �tio 984 on the bluff (southerly) side of Pacific Drive between Q Avocado Avenue and the southerly side of the foo°s ,'09° / oh yoti o as'' prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet ss,90 \jo°as ^h y ,�,o ti' o� '•;e% ?s3� ° shall be used (the setback for the location of all structures as designated as 24 feet or 17 feet ,2 ss79' 23? ,,°'�, ••�°od ?56, 25S4p shall be used) P s sOs es7�ls 6620 ° c�jO,OSj �b°1a •.ad2 h1 s0 �O°^o S ryo ti° �107 U� sos s7 2 00, "� s°O s ss`'0 P��^h ss2Y 6s2i ^'os ti°� � ry tip'°^ o° ori ` 1ss,als 6620 0 , j0°s'' ry�`° �rto`�^gip^ °Q rto1°moo ��P 7e q2 ^h � SFS - SOSOS ^h 74 S2 60 S 70 9L ''t° �10 � o� 0 2 otio S°i s S'O S7j 7 \ 6O2q 60'7 ��GF 2545 )j79 ti ry a s�Oj s° s°q Sie s s2O "�F so3°s P ss'q m 8 Ola j2 0 N �° boa �°o ^ry q,�s ^Q so0 s2 soy ^�2P ss's tion s07 67 �, o � 62 P.� ,768 0 415 war�� ^off P �('O �F �i°� °�o^Q SS'2q Ssos 6SiS / 2540 �7q ti^ fRfRONrO fti PGP St4`�6 ALF 2�iJ�2 .S 70 S7,`9 66OY 6`77 u' U�JP/ 660 �� ,07 c� '� `L`O01 N o0 2731 ^� 2B0> h 11010 1 b DETAIL A 2227 DETAIL A Y,2 ^,� ^y ^ 49u'0 y4g9S \ �Oq S,7"' Or S22 606.j P jOq , 70 QOo j2 �oF 'I a° �6 �' p,9 Yg26e �9q'u' s002 �2so9 7 ^yP�P ss'e �3 a� ^ 2700 �Oj°97i c3'9�2 �j2O2 4, q 2A 90 9 `SO G S7 S ray, 12 , j7 S r ��10o Y� 7S� b`y° oco2�' �q�'Sj yqq �`SOi� S Si 72 q SSi9 2u ` 271 �00 °'S �j72Y ji Yp2 ' 6S°60 S'7j \ ,j060 77j �00 it `�rptirlt' ^h 4776' YA2j ^ qe \ 9097 S° S7j0 S`r2p �9 6, ,6, 2744 nO yi 4 Y 72 P �Y �''6• \O Spj 6, ,6, 9r,F � QO 00 jp S J� � \ i P p 7 Y 2 �, e `SOj 6• p S 21 • 6'7 o O ,^ 1� �L00 S ^ q2 S P ^ q0 6 2S 7p S lY �r j `��`y6 242 �' 2S sF $S9, y sS,60 2737 2800 672 179 Oj02F 2747 $� 0 n`LO�y� ��, ,•�°?ti �Go' ?SO q Y2 907 0h J�" 9�ie2 `�Jj u'S ^ O? S O 2 A ^ UQ0 S7 r{)O ^� O P^^ YY7e Sr y`l' 2S P^ g02`�F �7 SOq `470 2801 C� 2mr. J 6,24 i O 670 6 79 23018 O S 33 UP ° ryh°^ q, q1' YY22 YOp q�O �� `2 Si 2631 • �Cbgs 6,s70 7,3 19 ti O 3 06 g7pS 20 qq2j° ^t72Jh Abe \�\ ^h TOO284. 812 ��S Oj f�hPJ 4' 76. su'p q0 q0)9 9L 2e00 Y 20 Ty �7. - f 115 2 �'� Ah AY,29 Y7 g2Y`'se Y00�S Fti`� ° 2865 2g S rqo rb6 Bluff Development Overlay q s° `Si6, q 70 qj 9 q 9 $,e O 34 5727 (See Map B-4 - Avocado Avenue / 113 8 O O 8406 S g7Y7Sj Y2 22 g2� 97 ^y?J� Y�A6 \ ° = g 9 �O Pacific Drive) 111 0, 902 09 Yj Y2S Q ^h 9i? 2 �g 2905 ? 2848 \ 2 dSs \�Op 90j ^h h 476.6 427 92e Y �'j �z ?•' S7�0 109 � "°B 900 406. ^ Y qlY Y 426 g00S Yy0 2919 v� 576. Bluff Development Overla (See Map B-5 -Carnation Avenue) 1p> 00 006 907 9Y� 2 u9i9 A9229 g�'7 0 Y : S,'9 - S27 3 �. ,,��• P°d 1° 9j `� Y202S P�� 900 � S7 ,r ,4, Q 2s7 ti y�6 Q u'j2 d ry ^° 9087 h q A79 q Y2 ^h Y2 'S7 � 101 ^Q P ^ 27 7. 2 2S0 R u�j0 yL �i` r� , 490j ^ h 4'74 NN Fti� EE U2 20 72 'i27 pP �Op06 3, ��. °2j 8070 97, F 9202 4 q29' 3038. V.l�iii����� �2P� °° e 2275279 SOO q u' f/ `SO 406e , 8976. w 2.997e Y22j 3p40 - �$ 14170 °O Y2�S m y0 2 0 150 L'R' 6 209'7 ^h 2S �i� q 003 j 072 ti`oyyo � P ^y 22,4'7 2se2 ^h ^h �,0 � tiytio ,2 e O 270 2j0 2 Og ooh?U �toL�yO ��e� 2'2q ti 2j0i Os �'0 O°^ o� 7O 2 2°6 22s2j �� i27i 2pYS `?O q�F dOj � ryfp rah t�� °O 2,Slj ^OQO° 2e 2w, 7 ��j J4' Name: S -10A IP /November 2015 oR��F 2231 2235 909 �o oa62I j 911 c s?4 2p e"'0 3 9?p 7 828 ,,� or 976. 76 29 8?6 8� 912 2Jv, 90 v, jj9`i'7 @?7 83j e' 9p4e e � 7S ej3 oy 823 900 >,70 �j2 8p9 mgo 8>9 sgho oRSeo420 $ �� j77 ,jiy7 80> X25 8,8 jO j7d S 809 O 07 'Pya� ,° 70 jj7j9 Sj9. j� 2 jOp977 _ � j,j76 ,'H 67,75 6�0 j,dOS P,�� j 72 jig' spr ,�2Jk' 670 2 6,79 7 ,j°�0Y6 j j7��'S j2O rb�96 67j� 02o7�ry - )j°dj ij'96 j2 J "�e Ag2Y 77 \ 2 �� 2 q92j 9�F 'h`i°pA76, A272`�S U. 5� W M 0 O U 1 r Cn Name: S-1OB-1 P / November 2015 P sF°Osos e ss7�7s >> o �� sOs s7 sis ?o o,l..A?, PO 2 ° P?S?> S00? 609' S,6 �'�Rp 6p " 670 s 79) > >O > ), > `�O �"O O n�� �.� ■ > 09 7 F >°> 3 g77B0 A?S?> 9ht` SS)u'S S `L° 50. 0o s PZ �? ), s ?o s, ? s, > > °S` > >)i >'20 o o -Z• 32 PA?j s 6OO S0SO9 °9 S) 'B 60is06 m ■ ♦ GJ4' q ?3 9f�" S0�> � SP s S 6;, 6 66,5 O >>Oj Q°� >2g 0 ' . 6 e s707 Sr S 6 P > g 0 00 X00 AO97i P?o ?q g24?>9s' sF �0 � sOs09'7ss ss'ao' ,�i"sosO� e,? s ss79' ' >7?�, $17q 000 �nry O1 F� ♦ O° P�7S> �2J4i g22g6 9P2`9 phi �SOs SS736 S9I.F"`F 60 �> 67 ` ° � g7 6 F? SQ> 1 3 ^3"w g 6 g2 3 SO S)g S S 7 O E S ) 170 u?'6 �` �O ♦.�° (�Q^ A)6 g2?? A g�,62) p SnSpb, SS,�' �� 307s 11''''a2s6 , ,�hh ryQ 1 0 9 "0 Y h^ ^ ,, ry ry �' 3 moi' ♦ �6 70 A ?2 77 � ?A 3'0, 7s 0�?'" 33? Mh^°jtnO,, ♦♦ 36'02 g097) g),e0 q'?0 `�i%i S.7S20 3 `iOB 3 3,s 9 0?2s s ,r `�y "60s glg'P s A's )9 Do ry O 33s7e 0?S < 067, •♦• 0>°O a gP�9' a� &00 O` 3O3 J� ry 3, 7A 3?7 ° 330 ti9 O Ory 03 A,6 4 1 07' \ 4r^ / 1b 0 AZ � 223 3 6' 37'6 ry0 32�'?g 3�,9 )`(�� '93`O 00 ♦♦ , ,rv�gie ? r 00 A16 ?'9 yJe `�S 30 S 3 3jA'6 327s 3� 2 � O •♦ „�"�h,,AQ Q gOB. 0 'SM'� 2 � ^ ry0 �h^ti ?,S7> ry es sF9``�7 306 ° 37s>> 3ssv, °� Fqs 15 ti^ v ?79 ?2j q`F O 30>9 R 3?P 6 _7S� tiw Zig �6 �'>"GF 3005 07B ?���2 7 ao°� 3 sis w See Map ?00 ?,9 N ° s06 ? a Ca. verlay ??A c ?s9g73 30�P ' s rn o ser *25 ft Front Yard Setback 7 ���` o � 2?S ^O ?� `� is measured from curbline ryh � o � o `e M M y 'b ^�^w .0 ROq° ?S 3 3 °o ? `L 9 0 e"SL0 P 10 PQ0 i � Fro o h � �► 227 230 �6 Zh a°PD %DRIVE N � i 216 2jS O r°e `�2A 2S9 A,5 0 50'---300 0 �A° 7 O �9 8° 278 3 s Feet,, c 0 2 20 3 Name: S -10C IP / November 2015 986 gg0 994 996 0 V o 10 O 5 5 ��iS FLLA 1dE�d 0 e 412 i 2 624 42� fr 445 1 ! 620 tT A2A m N 10 616 420 yo ` o v 448 p/ 42a F ata 92 0� ' a 612 �5 n Overlay p20 ° h s s a53 t bh 00 yO TER E tp O 00 5�5 ata `° D4q' S Ca y15 bow 5ti o4w h T1ft pcE 5�2 SERRP b O V v) 4 � � 416 420 bryw ry rss o40 ���ycF � �O 5q0 565 , O 55q ' 4 4 b� w ry 530 561 O 560 0 C� 535 � 557 b`h � pr � 0 531 O 553 ryp, bo OQ'^ hry RAF 7S 463 > 528 549 552 bhw ors 0 524 545 548 �7 h h4 h % h 67 637 ° bOw 9�AR° bhw b $ O g 606 �*O 5 D� n O� o ^� o % 7S 467 �10 511 hti b O ti 5 20 S y ry Qry �tiF S b ti bryh Pw no ro � G 477 \ b�^° �ry ^ry 47s Seep1- 4a3 CanyLon 'q�erla 0 SL �h gS RgFY q� ^ 0 7S. bho ^w y? boo o°RC bh ti ?Q 07 °^ hFSrFR pry °° ?8 bcp0 ^h oR��F 6 b a^o •. � `?O o`�n' jryV h2,qY"iC u5 - O ° ROCKFORDPL pc0 _'pN hOA _Iby °° '627 0 10 SS by o� A63w M `a'ry prO F RogO Icy by°^ ay0 C 4 a6°� broQo FN v bhp 7S ? D� bw� �O^ �/p62o/ 70 b�' 7°P 0 512 � &ION O 678 5 >0 a�14721 Hic 15D r10 N 630 is v 1 LL 0 O O U 1 O 7 0 320 ��, 4yF �° 7? 5. yry o�y 5 1 477 O -- S a Ao..., o o- v T. 479 "25 ft Front Yard Setback 0%, N m 6 is measured from curbline ryLj* m v N M N 2SIV P", G1 Overlay 3 h asp y° 7�,/%�v R°.°o �S 6 at3� oP�yO It i N ??7 2`70 26S 5 aoPD 1y i ?1? ?O9 p 3 C N N 20 30 ?06?3 s See' Ma Z0 SHORECC/F ? 9 ��/ ?33 Canyon/Overlay �S 130 ! \ ^`ti aoN o rn vo.. 134 ??� N tih p501 139 N 201 2's % 4500 °1 i 146 o v \a , L\ o�? y4g �Z°P`' 7 4` 1S3 h l`20 `J S °RRi 1Y�5 146 > > ? 4501 n NCToh 0 /1 n ?U R`,OHTON Bluff Development Overlay (See Map B-7 - Shorecliffs) Bluff Development Overlay (See Map B-8 - Cameo Shores) 0 150 300 Feet Name: S-1OD-1 P / November 2015 S07 D, Ink cy b \\ 00 rS Py ^6 rnk PCO 0 \� !y ^ ROyPSTF 0 byryry �8 fro° ^y °R/�F o R o° yro 0 O ROCKFORD pC° 4701 1 - `ao°j y 90 P �O° Op6 PrO by^y q 7'r �0� En h ry° oyry o^ hgYN7s 14 g633 O O m v ' ^ !p h CO 4R'10 7� 1`620 'Cy� Hi°Hii s U) 3. o� y N QST Stp �6^� 7S X06 7, (`x'10 D G ygMp yictil2 �3�\ rry N °OR p6^a o dry^ ) �`j p10� C) N 630 N R�vE °Eti qY �e a o TSO o-yry y h s?y n 700 N Fgsr ?s a6 0� h �° X09 m ?O n w KI 734 yry CIO 2? a *O 70 ^a airy^ u�o ), a`'y0 6 ay° A62 �S P^ °op � h ry R2 �ti �y06 3qS 0 1 33 15 ROAD 9 4701 3S �O^ 7S rya N 01 �- 331 330 ^ ry^ 325 a 324o 0 ds og° ROa"BURY ROAD 15' bypp to o � P \6' > 01, 9 'Sp 9 70 �gp C, 3 �y 0 tA N 2 CP9 s a 7 � ° � n ° y POP O 5 � z 0 \ P s 17 a Qa7 w 0 v 110 ° a O V P ICAor OR p as �J PECIC� POjNr PW C C Mp M N 7227 SNF 16l 122 1228 ^ 1 1X22 ^ ^D o 216 �o t2 p 1216 To o ^ 150g 12j0 o Je"`� 1204 157 a �°N 7 rL h h � °G,yFFR r, ry h ul � duo n yo0 � nh`l' nhryn G'` o0 , h �h� nynh `tiF n`°�ry nho1 n 6 nhn O nh0 0 72 h0 n nyo0 0, 206 'POO U) ti°RSO 1 o <t 7706 777) 7J00 7777 02 1507 i 1515 20 e 1 U, 1364 0 1459 14 1414 1500 3 1506 1514 1521 524 1537 1600 1523 1518 1338 1001 k9ypsyi �g6 1p53 \ 4 R16 .. 1300 1500 1507 1506 1331 15 8 1347 50 1 / / 15 151 1831 1S32 1515 1512 1329 1332 w �P 13 1RR ^Rai i 1408 hN 00 1316 M o 1228 1500 1509 m 1512 1525 1526 15071506 1323 1326 1327 1338 o J 13p6 �RR1 6 o 15213ds�d /2 O 3 / v O a 1501 1506 1517 0 m 0 1320 1323 34 w v 6 1R 9 7 NO O 1 27 q t 1501 150 1315 RL l0� �rrNGNM� O n o 3 N 2 ^ry R H 150 p 150yk 15 9 14 14 1 0 1314 1319 3 1321 1 RDA ry p 1 19 q3 1 & ^ A o0 275 1 1507 1508 307 13 1315 HAMPSMRE ^ o � o0 201 ^ 7q 11 1424 130 08 w � 2 po 1 M ^ ��' nno 00 1 1311 1326 w `� q� 1318 ^ ^`� y a°ANG 1':' ^� non nh on a 1418 h 7 o v R ^RO V M M 00 n nP o 12$1 O 320 ^Tb^ nn0 1 1 W rn M • D,BRrOCF N h Iry ^h n0 oe no n 472 1243 NA 316 w • (N O ^ n W ^ 7230 oo ^oo no n0 74 1300 ?o 123J SBR/OGF ^ n O n0 nL nOOh 06 723$ o WOE DRIVE 224 722$ 1230 ^n0 7700 n n no 000 'oo c 122j 1230 �� ';... �. -N., �...,o.: 1 7 n o W m I o 12oo 7 22j 00 oti Ro O r ? w g2 J 8 1219 1224 1230E p n nOnh q° n00 7219 *'w 1301 1311 `�' . `�� o 212 1275 12j8 122j 723 nryh Oo1 9ryo 720 G :. 10 AlZQ 26 12 1215 7224 3 ntiyry: n Don O^O 9 7 1, 0) 2J2 7p O :4 0 v� FT ^RO -n� n501 n °po 770 770 0) 1p - n0 00 1.`30 J7 ¢4i d O n0 O rynh 07 Fye 77 s n n�L 4 ny 0 nnry 7700 °F n n�yICb 7? n`tio nh F 7 07 nn O 20� Ile O1 nlb °may 7?�d y�� 7 n`nrL nn n nh 7?0200 O og2F nn00 nn0 6 N ti 7 72-.) 272 77 777, nn00 � O n0 ?7e 77, 7 173 sa�� rn O \ R� lbCO7 770 �0 7 0 •., N411 " 7 06 h R 0 7100 70 '3 ry 700 73 2 7 rV� °Ro 7007 , J tih �F Oi NORTH ��2 4 ANE w 50 1006 25 lb 70 00 0 I 36 °9 ANDOVER 1"rTl M c� I v a v n LO � � u°'i co co tO 6� W o A Lr 0 0 Feet Name: S -13A IP / November 2015 SANTIAGO POLARIS / 0 / 7700 DRN `f E 90 r" 1156 �OR� i s 7146 r r e°\1742 h `10, o / / p0 70 �O 0 h rn �� nti �70 �Nb �i 300 3p`o1�1O 70 0 3°^ �1R el o � ti 9i� ry�0 o a o v o 0 304 200 ro 00 _ 205 TO STAR LANE N L-1 �k N 0 e>/ 0 2t U U) LL NQ Ii r y0y. sy/A�9L ?O06 7> 77 S L006 001 0& 7�?1 162 "97 ?O w �o .9 >> 90 930 1-01936 1 191 O 1820 6 a4 ^10 x'100 �h � 1919 1810 ry 17 � Wair 1901 strsi`°F� 1918 1909 00� 1900 R`\G\A" OCR � �"GNt g'(P 1700 00 1812 191 0 �a��E 1829 196 1849 moo 18 1623 a 18 1900 0°3 18A0 1814. i 1843 ;° 1817 � �0 1842 � a m 1806 1831 "` 153 1811 1836 C–A!0-0 1830 1829 1528 1805 � �HFOF ro 1824 1623 1818 80^ �' 1818 1817 v 1808 1323 1815 1812 g 1807 1807 N o 1806 0 � co m 0 1800 1801 0 o lb O^to 801 N ^SRO 01 HOC/p 1800 o .O^ 00^ R0 IN ��OOo �000 o' 1 34 • G F ;1712 1706 1700 Y 1650 p� 1644 � 1636 Oma\ 1632 0A� 1626 --- 8 j 1620 N 930 12 1614 1000 1606 1608 - 70 C 7A 1600 1600 �, 10 70 . A p 1742 o < 1736 m Ne m o c o o .1608 1527 1628 Q 0 1724 Ne ESTEIIE �N 15p0 1621 1624 1642 \ ry 1201 110j 1444co 1616 16'8 co 1712 :2 coo 1438 1601 1672 / con 1706 1637 1632 1433 16 160 ti 824 1 01 y' 6 co 1701 1631 1626 1428 434 Je 1618 N ,3j 1700 z 14 h 1600 1 O 1633 1625 5 43p 2 1508 IN 1620 1423 Q 1430 � °0 143 " 1627 630 24 1621 14 1 1424 1500 1616 1419 1624 1615 1418 1423 \� R c,° 1621 1612 1415 1420 �so7 • \ 1� c0 °- • 0 0 1618 1609 a 1412 1417 � m ? • N ,- �p P 1615 z z 1606 1407 1406 1409 1412 U _ 1612 1601 1406 1607 (Z 1600 1401 COos r 6 0 1400 1000co to 601 1 1p6 1601 1606 1529 z HAMPSHIRE 1370 1370 v _ LN LANE ^0j 16 \ 145 1518 1537 1600 1523 M 1338 1001 /Y, ^5�� Na63 T- \ , �R$ qF �,c -' 1 1531 1532 1515 1512 13 1332 133 1347 w 1350 1aa� pp `C) % 1 29 1 w 9 d 110. % , - 2 1525 1526 1338 m 1346 lap 1 �0, s��/ 1507 1506 1326 1327 7 1� 1323 IS 1517 1520 0 1334 w y 1436 d -' O �O �C� 13 1320 1323 7 w v 9 " 1NI c 1509 1514 14 14 15 , 1314 1319 > 1321 Wdi °o °Syi a 1a2 a23 / '�N 19 30 130 - Q Rr R 1 Name: 8-13B IP /November 2015 0 1007 707 S 0 0 l • 307 r � '� oW o 30 0 01 p �` 311 m i p o w > 01 p 0 OP Ort 31 Ou o 01 O o 1� ro 00� 065 J�S(P OA v � 319 � ,✓;.O`S� 06 oA .6\ ♦♦ � n� 01 p O 'l� 0 00 0 00 ♦•♦ 01 O 00 1g of O o 1y 0y 19 �h V\ 'CPC N • 2 cod d7 O •• OOH O O p Pd 19$0 96 O a 1 0 308 ' i 0 ° 00 � 191 96 304N °O G 99 9 • N 302 0 � 0 9.196 g5 co m ♦ 30 oi9 � 96 �° v, •♦ o o a 06 0 ° ♦♦♦ � 962. CAU-- �O •�. O Oy - 9� v` 6 19 NO 9 0 1900 0 0 II - LL Q 398 ?070 17170 y 2 0 ?�89 tia a g� hhti ?' ?780 tiah1 ryati ti �y a�1 2aryry 90 �ty ah^ a^ry Ir ^ Imo. ryy^y ,e Oyry �j17 2 ryb°,r �LbO ry. „pr° S� co �NciS 2 � C0 P2 rp nro ^^��,176 �. 1bti s9 �ti r1^h S8 Qy^y f 2 ^'� 717, 0 7) S 7>0 lI J\? ?0 A , ?, O A� �e- ? SO pA 17 ?0 OAS 7-07 > pd O� 7 7(6 7 "'S 7 u 7 V. ?0 1179 7) 7 )? �?9 7, O?8 2017 7A00 ,) "'O ?0 8 00 3> > h ryby^ ^ 'FpRq 2406 a`l' GS 00 CD tia20 2 �a^y Tq ryb a r O / tia 3 0 y X17 ?0 S ?0 13 009 ?o 100 �'y �� ?009 h_ ?O 'p0 %. --2202! ?03 ?OAe 7,' "I X1,0 7>O 7)176 --,j6 'IT "� 7,90 > �O�O 7876, 0 20 '8 epi 706 7j? 7)�0 208 @07 Q� 7806 UO Op, ?08 9 7 O 7S ?A ?A r1 IV I. S0 (LO ��? ?p7s TO 2 6170 ,j07 '? 7,' �qRC/ �O 20 �0 00� QO ^Orya ?070 ?07� 1S Q9} 700 4�Sr ,57, �SO ',O 7 e\�S� ,)76 ,)2j 1136 7 7 a°P 009 C is '0, RO sy/o ?O 7>? QA % 7 179 F3 7,66 20T b 5 76 7609 O ry°yam y'.y 170 7,06 7,7?� 7)? 7, h S A > > > yST ?700 S 2063 2�h 0bry°y0 ?08? 1701 Name. S -13C-1 P / November 2015 0 /O 0 �y ti^ O ?S IV �^° ° 2 203 21N °y ^� �S h O 0 ry (SS�gNO IV ^00 021 201 1^h ti t ti°2 2 ^01 ti000 2 006 y N 8p �O �ti X00 2000 01� O til do 200 � 19 o`lb 1 0 194b 1948 20 1936 1942 i ••,O L°� 2012 1927 1939 N 20^h 2001 2006 1930 1933 1936 — 1936 Of 1921 1924 a 2001 2000 1927 1930 z 1915 1918 1930 1947 3 1952 1921 1924 -' `24 p? 1907 1912 s C '941 19461901 1906 1915 1918 — 1935 1918 194p 1838 1,900 1907 1 929 1912 1 934 1@33 1@46 1,101 1906 1912 - 1 � 908 l@?> X840 1@ O 1 � 1906 1,9 ,9 1@42 r,Q C� ^00� 1@36 1 @2 00^ ,.:p 1@16 1 2> 1830 100° 1810 1821 1824 ry0 . 1@0@ '@'S 18149 O� � O 0 0 0 0 0 cz G U N LL W 0 rXZ— V / \W 0 0 M r cn 0 0 CD 7 O 1So 0 0 o 19, QST r iL�i� �O�O °°oti 156 30 Name: S -14 -IP / November 2015 0 425 g11 N x,700 O 7 \ 7'� �\, 0� 7 ❑i I 151 143 O ER DR E 0 2 000 7O 0 200 0 D Z n 0 Oe' OJ � � o J� N N O J 1400 L) 15 -�r DR 230 240 "SO �O N O 270 Q co 2 U M U) P `1 901 o 0 0 co 0 425 g11 N x,700 O 7 \ 7'� �\, 0� 7 ❑i I 151 143 O ER DR E 0 2 000 7O 0 200 0 D Z n 0 Oe' OJ � � o J� N N O J 1400 L) 15 -�r DR 230 240 "SO �O N O 270 Q co 2 U M U) P `1 F� O SANTA ANAL RIVER JETTY City of Costa Mesa City of Irvine Pacific Ocean City of Laguna Beach CE -1 Categorical Exlusion Areas DRAFT West Newport Area lent Name: CE -1 Categorical_Ezclusion west_newport November 2015 / v /'( OSP�K% 1/GHw O O 0 EWPORT iV�tvp0RT In►na�uii •�nn�///4q ■ I� r• I►►n►omni ' nuuull � ' � I vein/ /un�/iii Illllllll � -111 •/ll I/////Ij/// LIDO e ISLE /,' 2,000 Feet N cB�kT DC -1 - Banning Ranch Deferred Certification DRAFT Name: DC;-l_C98Rning Ranch / November ZUIb e 0 250 500 1,000 1,500 Feet til - \ -oa Newpoo* Shore / Y This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located within an area which is committed to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City of Newport Beach Community Development Department and/or the Executive Director of the Coastal Commission for clarification and information. This map may be updated and may not include all lands where post-LCP certification permit and appe� jurisdiction is retained by the Coastal Commission. %i r r.,4r City of Newport Beach (West Newport Area) Document Name: LCP2015_appeal—permit_West Newport_October2015 November 2015 1 i 'N W 'I• In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel and the Coastal Commission decide to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. ca G� P� oP P / \ WE yam[, �J Post -Local Coastal Program Implementation Plan Approximate Boundaries of Perm Jurisdiction and Appeal Areas Map 1 of 3 Revision Date: 08/27/2015 0-1412 Permit Jurisdiction Land CZ Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. ;� I Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary — City Boundary Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) - 100 ft From Stream - - - 100 ft From Wetland ' 300 ft From Bluff Edge KEY MAP city or Costa Mesa �' City of Irvine L Pacific Ocean... City of Laguna Beach 2,000 Feet N 0 19 P 11 9y \ % CENTER •\ \•••1 w FASHION ISLAND OAST 09Q G yicy �qY SAN o� 4T This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located within an area which is committed to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City of Newport Beach Community Development Department and/or the Executive Director of the Coastal Commission for clarification and information. This map may be updated and may not include all lands where post-LCP certification permit and appe< jurisdiction is retained by the Coastal Commission. City of Newport Beach (Harbor Area) Document Name: LCP2015_appealyermit.juris Harb October2015 November 2015 In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel and the Coastal Commission decide to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility HILLS Post -Local Coastal Program Implementation Plan Approximate Boundaries of Permit Jurisdiction and Appeal Areas Map 2 of 3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land 03 Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend II Local Coastal Zone Boundary City Boundary - - - Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream - - - 100 ft From Wetland 300 ft From Bluff Edge KEY MAP 2,000 Feet N AVENUE This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and ... 0 6,. are (2) located within an area which is committed ` .''9 F to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). ` �.•\ ROAD If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City �"'. —... ..._ of Newport Beach Community Development \ Department and/or the Executive Director of the Coastal Commission for clarification and information. \ This map may be updated and may not include all lands where post-LCP certification permit and appeal jurisdiction is retained by the Coastal Commission. City of Newport Beach (Upper Newport Bay) Document Name: LCP2015_appeal_permit_upperbay_October2015 November 2015 In some areas parcels are bisected by \ % ° the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is 4"i proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder �(L of the parcel and the Coastal Commission decide "o to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted under zoning approved pursuant to the riuse applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. Q) P Boundary . , M. .T 0ne Newport �'.�� /Shores �. oa i Co � y AVENUE This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and ... 0 6,. are (2) located within an area which is committed ` .''9 F to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). ` �.•\ ROAD If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City �"'. —... ..._ of Newport Beach Community Development \ Department and/or the Executive Director of the Coastal Commission for clarification and information. \ This map may be updated and may not include all lands where post-LCP certification permit and appeal jurisdiction is retained by the Coastal Commission. City of Newport Beach (Upper Newport Bay) Document Name: LCP2015_appeal_permit_upperbay_October2015 November 2015 S92 i• ✓O qQG i� \ON'rA \ CANYON Post -Local Coastal Program Implementation Plan Approximate Boundaries of PermitIl Jurisdiction and Appeal Areas Map 3of3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary — — City Boundary Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream - - - 100 ft From Wetland 300 ft From Bluff Edge KEY MAP city of • — — Costa ?4sa j City of Irvine I Pacific Ocean City of Laguna Beach \ 1 2,000 Feet N In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder �(L of the parcel and the Coastal Commission decide "o to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted under zoning approved pursuant to the riuse applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. S92 i• ✓O qQG i� \ON'rA \ CANYON Post -Local Coastal Program Implementation Plan Approximate Boundaries of PermitIl Jurisdiction and Appeal Areas Map 3of3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary — — City Boundary Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream - - - 100 ft From Wetland 300 ft From Bluff Edge KEY MAP city of • — — Costa ?4sa j City of Irvine I Pacific Ocean City of Laguna Beach \ 1 2,000 Feet N Cgw'PO4 e PT-1 Public Trust Lands Delegated to the City DRAFT u 0 1,000 2,000 Feet Name: Il I 1 Public I fust Areas / NOVeMbef 1015 IU[ BACK BAY :LUB r_ -r _rr'. PC -1 Bayside Village Planned Community Site Plan 7SA 9j/M t\N'�Ia• - "�7i'•)ial-fir. DL>_ODOS�D • �. o, )am�.av�' ,� F-1Lh1 �,I SSD )a11770��• ii•�':_1QI� O -J)an 1990 1960 : .7x70" L7:i: Ita �t��":a'0� ,, S �:ouao :';; � �:, __ _ '•i "�.^i!� --a' °'�. a s -s ,ro.`•'-;`i��. "1.,1: �1udk��11, l Y�1�� 79 ° xs •Loa s nw - p IM PLoc e = n y f� Mro Ir 0:4:& ' RIGIfTM II� fYT" - To400 71ro �r t • ,C moo F I o:a� eman ./sato — .n. d 0 oosoot+000flm 41j P1 nw x ,7 j'IFT Iltic -moi. '(7P_� t���t [bp+t�vYo0:A9. L& C �,L 'r+• �'� +ee@�, � ossa',+• •t�rla o 0 0 ''� a _ •ma E�.a o 'llg/t'� :1 a •y� '4 7 `�.:., ;Poo t:.'. 41•I-tI.Q.21 nfi i u e p Y g bL10 yh ~ +M Ia'1. �I � t�,.b •: , r y P 7 rr. _�l�,-.:�"�• Z � � ima .� � .r '• _ o r �iTtaaTTTj(SST�1T 1 �I>r 4 ��; : 7 Ir•� Q ��y1,,yy�,gy amllm. waaa.asal ro � �,/ ' ✓, L LIA'd•Is'}'p''�:lb�L�(A11 :-k-r'.s-'s's'i•i•es Iooi 1411 tiDw• Too o •Y ' OLDO ,710 BLDG MI00 g a 1 /'L• ypfl Q • I( 3 .700 � Li 66 e • ° ± I1 '• 1• —I� �I . ' i• w .ar..il t oi DQODO�E—D �D�ED �y °I r-. 'r"W �, $��7 ,na e ala t I + • jENt115 C009_3an �i "°07 wro PDOp^ �/� l f i• 1110 0 i4 •� r. ,.1 TIrGH1�1�.. O) PARK NEMPORT APARUSNTS '4" L = �- aso" / *•,, e ia)D S� aO,,an)yD __�l+wA�.50•s a1 Owner: Park Newport Ltd. as 0)- 22San Francisco, Cal ,o 5��,N��'1o•)F+L)y"J`KJnJ 45'391-1313 al� !, Rep: Leonard L. Port � :.°'�Y- CCS _-• 4, '• •�--,] N6U �•11t1 p.1�,, IPO � /. SCALE: V . zoo' u � _ PC -7 Park Newport Planned Community Site Plan i .. i i tty:ti � 1,rC. u L 11- -rr _ USE PERM I _TM AP pp irX v 4+G6 DOO � m{A�e�C� iGN52� niil H9--r5er 'u oPir✓J ewNe� A.RMT / eF/ G'AGI G 1 Com='r- r� IGF•v`;=Y' PC -09 Bayside Village Boat Launch and Storage Planned Community Site Plan PC -12 Promontory Point Community Site Plan rI . LEADERSHIP NEWPORT CONDOMINIUMS UPi e HOUSING K"` ' "° 1�p7i SYSTEMS INC. 3801 S HARBOR BLVD , SAWTA ARA. CALIF. 92T04 - -- (-F1 PC -16 Newport Terrace Planned Community Site Plan +eo+ Dove sr, owrc :oo rxwroer eucw, ex ezew tr+�HTeaew #KMD VILLAGE EA6T tW6T NgM1!/�Y f �w-+� e -e-84 •13" eMT.e DOriuS Architects Corona dei Mar, Ca (714) 644-7111 PC -36 Emerald Village Planned Community Site Plan 1 of 4 cnwddadeftce , Of DOPE 67. $*Is 300 MIMMOT mACH, CA *2660 (714)47M0660 EMERALD VILLAGE DA7L�1 � 7a7.ao 76r. 58wd � 6-6-60 67660 6 .4 Dorius ArcWteCts Corona del Mar, Ca (714)644-7111 PC -36 Emerald Village Planned Community Site Plan 2 of 4 ," i �; Ij/f � 1a� yj� � ��✓�g�-wpm•-r i� : r'�' �. ' !'' �.: ivo+ oovc vr. vwn aoo xernovr veacit, ea naw oiaa]e-aw Ew 0RO- ALWVA ILLA�E Cavi COAsr NOMIIIA] i....) nom WOE �Z4 5 -6 -BY 8]460 tNT.II Dorius Architects Corona del Mar, Ca (714) 644-7111 PC -36 Emerald Village Planned Community Site Plan 3 of 4 DATUM FF 87,00 ," i �; Ij/f � 1a� yj� � ��✓�g�-wpm•-r i� : r'�' �. ' !'' �.: ivo+ oovc vr. vwn aoo xernovr veacit, ea naw oiaa]e-aw Ew 0RO- ALWVA ILLA�E Cavi COAsr NOMIIIA] i....) nom WOE �Z4 5 -6 -BY 8]460 tNT.II Dorius Architects Corona del Mar, Ca (714) 644-7111 PC -36 Emerald Village Planned Community Site Plan 3 of 4 DATUM ff 11 7.00 DATUM f/ 127.00 mn(@T d oddO8 1001 00" 2T. a 200 M2wP )[AOM. CA 02640 (71,0.7 a681 EMNRA I FPXILLACE bwda PAZ Z 5-B-22 07260 art- 5 DoriuS Architects Corona del Mar. Ca (714) 644-7111 PC -36 Emerald Village Planned Community Site Plan 4 of 4 LEGEND NEWZONES UPPER CAMPUS ZONES ® TOWER ZONE- MAXIMUM BUILDING HEIGHT 235' ABOVE MEAN SEA LEVEL MIDRISE ZONE- MAXIMUM BUILDING HEIGHT 140' ABOVE MEAN SEA LEVEL ® PARKING ZONE- MAXIMUM BUILDING HEIGHT 80' ABOVE MEAN SEA LEVEL, EXCLUSIVE OF ELEVATOR TOWER LOWER CAMPUS ZONES I 1 LOWER CAMPUS ZGNE- SUB- AREAS A. B. C. F. AHOG- NO BUILDING MAA „ L—. 1 EXCEED THE HEIGHT OF THE iJOSRNG SLOPE OR THE RANGE OF MAXIMUM BUILDING HEIGHTS INDICATED ® XwwXls .ocm sw aus SUB -AREAS 0AND E- MAXIMUM BUILDING HEIGHT QnwXu a�vcL�eVpaam 57.5 FEET ABOVE MEAN SEA LEVEL "EWM. 411 WE IAOPOFD aRtofs (83) 1M1`A 0.1J16F OF IRArAI"41 •wPrvw .................................. 4�ov�'rwn .n BtWDe16 M1fMs, iIF.W SFA SL1'EL (MSU z n•.nx �.smo zawrs.Pi assnarat scoPL eLwna s .aow.zx�v.. —I ........_... i A. r rmP 1 V HOSPITAL ROAD 180 G14Nf/(Wf \ .�N"oFE.CXNe... f:7 �g < . taA�Iw� �i��� 4✓ smucP Puwvc `' s C. eXnrws.. /r 1 L. (rlh! v�q 1�4i .�R�IIIE "OLwNr ,s e� �'nx_ 1*'l i �•'4w>si.•• 1a+0-°`,y`°°'P COW NORTH «.. WAw ,.ems :•mn<rc ^�.:.-�'. PanXtxs 1 /a._. 100 0 100 200 NOW Buildings labeled for Identification purposes Only SCALE: 1"=200' DEVELOPMENT CRITERIA PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVISED Ub 01.22,01 14 PC -38 Hoag Hospital Development Criteria Plan ''� ! ISUTAIICLiH � ! q.3pU VME !}H � Ivouc 1 f si r rmP 1 V HOSPITAL ROAD 180 G14Nf/(Wf \ .�N"oFE.CXNe... f:7 �g < . taA�Iw� �i��� 4✓ smucP Puwvc `' s C. eXnrws.. /r 1 L. (rlh! v�q 1�4i .�R�IIIE "OLwNr ,s e� �'nx_ 1*'l i �•'4w>si.•• 1a+0-°`,y`°°'P COW NORTH «.. WAw ,.ems :•mn<rc ^�.:.-�'. PanXtxs 1 /a._. 100 0 100 200 NOW Buildings labeled for Identification purposes Only SCALE: 1"=200' DEVELOPMENT CRITERIA PLAN HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVISED Ub 01.22,01 14 PC -38 Hoag Hospital Development Criteria Plan PROPOSED TRAILS AND INTERPRETIVE CENTER WITH PC -44 Upper Newport Bay Regional Park Planned Community Site Plan 1 of 3 WESTBAY DEVELOPMENT PLAN WWREW CWM? PA OVG MRPRETIVE CENTS} iYIERPREAVE PTESTMM MAI RAvl I',R�Io - R M. SAII ANCA RESTORATION p BLL±FTOPI ESTRAN ALAR —Jq PERiPFIERALBICYCLE &PEDESIMMTRAIL M. av WREM NODE G ORNADB:ATTAL NATIVE ESTAOL0 7 'k AL NORTH EXHIBIT No. 3 fN� `V A�(t��P�kC/�'INO. DZ100 00 py) =:nC2 PC -44 Upper Newport Bay Regional Park Planned Community Site Plan 2 of 3 SANTA ANA HEIGHTS DEVELOPMENT ALAN KIM. £XHIBVT No. APeLCA 1y380 Toa .oa PC -44 Upper Newport Bay Regional Park Planned Community Site Plan 3 of 3 4-7 PAW* INI 6r 1 21719,05 S.F. OOTI=cp SAIIET, NCLUDINC; RUitr,.NG 4r[A PC -47 Armstrong Garden Planned Community Site Plan c=w. _ �- MARINA PARK AND LEGION PARK PC-51 Marina Park Planned Community Site Plan N6 oqT e �` �': Specific Plan 7 -Santa Ana Heights 1=i (Area within Costal Zone) name: arh ar it i iwvemoer zuio Area 4a (0'pen UPPER Spacer NEWPORT BAY city of costa Mesa City of Irvine Pacific Ocean C"y of Cag.na ee i REEK SAN DIEGO C 0 w w o "(R rea 4 Q idefintal) NyN'1'rJHT North Ford Land Use PC -5 DRAFT =_ ) Name: PC -5 —North—Ford—IP / November 2015 M C -U e 0 300 600 Fee Name: PC -21 Sea Island IP / November 2015 Q Q c � Q z • o m� %0 :O 9��'•• e° Med'iurn Density Residenfiial NEWPORT �R70 o DUNES p'1' of . eyc� W U B �y0 p 0 - City City of Costa Mesa City of Irvine r 1 '- Pacific I \ Ocean c;ry of Laguna Beach �'� �R V'� , J 0 8p'r,4 Sea Island (PC -21) DRAFT - 0 300 600 Feet Name: PC -21 Sea Island IP / November 2015 O O�� _; p� ��. Q 0lp C� • Fs� • �!)0 ,4Q \�O \� s� •••.. � --mac\ FOq \ ��� �/J ••�'•..• • ABG �' O CS •••• .. Ry `Cy L� Q 1 ; �'• I �WEST `j`i�Np x\50 6 S'/ GP E ANpOVER QOM P I Costa Mesa City on.,;ine MORNING STAR LN Pacific Ocean Ciry o1 Laguna Beach gwrrk Westcliff Grove (PC -22) DRAFT �- 0 250 500 Feet Name: PC -22 Westcliff Grove—] P /November 2015 City of Costa Mesa Pacific Ocean /10 / Public !Open Space aN Attached/ Residential f Ntiwr4^. Corona del Mar Homes PC -29 DRAFT 0 Name: PC -29 Corona del Mar Homes IP / November 2015 200 �NC 400 m City of Costa Mesa w Pacific Ocean I NEWPORT DUNES City of Irvine City of Laguna Beach/ 13OA ISLAND NORTH CHANNEL a Villa Point Apartments (PC -30) DRAFT Name: PC -30 _Villa_Point_Apartments_IP I November 2015 6*1 0 OR 0 250 500 Feet City or Cost. Mesa City orirvine Pacific Ocean City o1 Laguna Bear ., RF OR y2 syy� o� P 9,Q -� y0< 6� QQ J yFT CT. a2 i' (Single Family P2 v w rea 6 uffer) 8P�1EW WPY Area 3 (Professional Administrative Office)_ \, �- -- -�\� nvV1EW CIR 0 EGO SAN DI m 0 Bayview (PC -32) DRAFT 0 245 490 Feet Name: PC -32 _Bayview IP / November 2015 P V C9 o� Z N ]ZCZD o ea f a ina) GSR W <) O � Q � vv� m Coastal Zone.; COgsry Boundary F COAST HWY W �I IV F City or \ Costa Mesa CP City o/ Irvine LLI � O O t� M cn ERLY DR m \ Pacific Ocean O �ONP City of V P �Q Lagena Beach V Castaways Marina (PC-37) DRAFT 0 300 600 Feet Name: PC -37 _Castaways_Marina_IP / November 2015 City of Costa Mesa Pacific Ocean City of /-in. C/ty of Laguna Beaeh NEWPORT DUNES COAST HWy E 4 y W I'tJy. Bayview Landing (PC -39) DRAFT Name: PC -39 _Bayview_Landing_IP / November 2015 Healfh Club 9 senior Residential) C POINT Q _ �— O/ATO )LR t COAST y J(`�BON�N1 R ` Hw`E e 0 250 500 Feet pO/NT OR Z D c� Dp D DR Z m CIVIC CF�TF O o � � z TF,Q n m Z SF m "�Fti,� i��� Professional / o vVl1'7i CI -7Q1 co -9sTti r �F City of Costa Mesa City of Imine DEftE TFR S�OR/FT OR ,\P ESQ LU 41 00� Pacific Ocean Ali Z I Q Ciyef tr - 4P Laguna Beach �,1�', m _ ADR !QI N6w r �q. Corporate Plaza West PC -40 DRAFT 0 300 600 Fee Name: PC -40 _Corp orate— Plaza_west_IP / November 2015 AQUATfG\ CENTER o i SHELLMAKER Area 2 Qv�\A FALLS RD •; ZI ISLAND N jo • y y (Park)sP : i. AR �gP ' • C • BEACH (Open -Space % �° `Area 1 Area 2 NaturalAr�eas) P ,lso� (Park) / ••(Residential) ti _ J�F °� : °• Area 3 Q°R �(Open Space , / Natural Areas) Area 1�� �° (Residential) oe ° A � o Q. ��� l saZ - F CLEMENTE pR � � o. RM k Natu al Areas o� \ a (( % Z5 a: D / Co.cu City of I • i Costa Mesa City oJ/rvine J Q ri 9 Pacific ocean P m o L,guna eeaen / ,.. •� U W 1 Newporter North (PC-41) DRAFT _ 0 500 1,000 Feet Name: PC -41 _Newporter_North_IP /November 2015 JcaAc1. V � A S P� STo� ••' Area 3 sT ; °moo (Open Space / e* Public Facilities) : o0 Area 4 Dov (Retail 8 Service Commercial) tiG BAYVIEW WAY .l— Area 1 (Natural n Space) City o/ Costa Mesa Lj City of Irvine C- 0 SAN DIEGO CREEK O m Pacific Ocean City of Laguna Beach LAY fi.F• 0 } UNIVE13$LGY•Qli.l.W 4�{3�' H'',, . San Diego Creek North (PC -42) DRAFT 0 300 600 Feet Name: PC -42 _San_Diego_Creek_North_IP November 2015 T GSA �Q� /8 ALN Area 4 - PC -43 Area 1 - PC=43 . (Active„P�a[k) ( e 'dential) WEST � �rS C��`�` MORNING Chu ch Q Area 3 -PC-43 (Open Space) AreY-PC-43— (Pass've Area 2 - PC-43(Passive Park) xz _�; Ar `a 3 - PC_;;(Op n Spao"y °' C sta Mesa"' ° "e urch �1 :o zi •< X BAYSIDE DR Laguna Beach �� i' !' 1 E ON Newport Harbor Lutheran Church (PC -2) DRAFT e x Upper Castaways (PC -43) 0 300 soo �. Feet Name: PC -43 _Upper Castaways_IP / November 2015 </00 cy ��ti F� City of Costa Mesa City of Irvine ti CpgS Coestal Zon Area 2 T Nl1,�, W 80 ndary e (Lodging Facilities (Clu 00 cy q LIDO �IF� ISLE ' •I 0 �' ,,o�\ II ONVERL —DR, �O O� ��� o�c� O? / Az RF�R Pacific Ocean b�110�, Q Z of pry Q Caguna Bea h �� /� � ��Q/�i`;' ���C i gw rt�t,F e n Balboa Bay Club (PC -45) DRAFT 0 295 590 Feet Name: PC -45 _Balboa Bay Club—IP I November 2015 o_ of x Z ,y _2 > :-)3 0- 0 w fp CLIFF DR KINGS RD 0 x J Zj h — Z G) � rJ / ' •I 0 �' ,,o�\ II ONVERL —DR, �O O� ��� o�c� O? / Az RF�R Pacific Ocean b�110�, Q Z of pry Q Caguna Bea h �� /� � ��Q/�i`;' ���C i gw rt�t,F e n Balboa Bay Club (PC -45) DRAFT 0 295 590 Feet Name: PC -45 _Balboa Bay Club—IP I November 2015 a CENT R � v •a = i m o� + SANTP ! NEWPORT N m is DUNES �'0 4 W: Ill �• D - : n co p / •o R � Golf Course '� � • N SAN M • 0 N% v O, °Nr°RY Co �\\ Golf Clubhouse m� and�Parking Lot Q city., Costa Mesa City o/Irvine LU icy z; Tennis Clubhouse. Bungalows and Villas s r me b��'� •� PN FR pR 2 � r �C Pacili< Ocean �• z --Z' BaY Laguna Beach \ - 0" c ATE u [ Newport Beach Country Club (PC -47) DRAFT 0 550 1,100 Feet Name: PC -47 _Newport_Beach_Country_Club_IP / November 2015 ` G F o c a Sq CLEIt7_ , ENTE OR Co . I0 y� ��•�� b Z \ �Q NEWPORT CFN Residential CIO 2 0��� e 0 B O� Q w co City of '•. Costa Mesa �, ••�'i City of Wine �--� I • Z n • O Z yNco j • (6 G Pacific Ocean • y D O City of : p m Z a•aon C) 1 Santa Barbara Residential (PC -54) DRAFT - 0 300 600 Fee Name: PC -54 Santa -Barbara—Residential—IP / November 2015 COAST HINy E BONNE D OONE TER PR ORY pR E off, ✓9 � SER \ O,Q HARBOR ISLAND DR �a v 60 EACON BALBOA Family o� _BAY YACHT BASIN Residential City of BALBOA ISLAND NORTH CHANNEL Costa Mesa City of Irvine ;r YF fi ¢ ui > _. BA z a Pacific Ocean _ J W / City of } I F�� I�jI d r' Y R ::::::] J z Q Q'. Laguna Beaeh r0 ; Q + Q <U U Q� � n� Bayside Residential (PC -55) DRAFT 0 200 400 Feet Name: PC -55 _Bays ide_Residentia1_IP /November 2015 Chapter 21.90 — Santa Ana Heights Specific Plan Sections: 21.90.010 Purpose 21.90.020 Land Use Regulations 21.90.030 Open Space and Recreation District: SP -7 (OSR) 21.90.060 Residential Equestrian District: SP -7 (REQ) 21.90.010 – Purpose The purpose of the Santa Ana Heights specific plan is to provide for the orderly and balanced development of the community consistent with the specific plan's adopted land use plan and with the stated goals and policies of the Coastal Land Use Plan. 21.90.020 – Land Use Regulations A. Land Use Designations. The following land use designations are established for the Santa Ana Heights specific plan area: 1. Open Space and Recreation District: SP -7 (OSR) 2. Residential Equestrian District: SP -7 (REQ) Land use and development standards for Santa Ana Heights shall be in accordance with Exhibit 21.90-1, "Land Use Map—Specific Plan District No. 7," and the provisions of this section. LAND USE MAP _ SPECIFIC PLAN #7: SANTA ANA HEIGHTS PARC GC PA RMF RSF ' o 151 a 1 12160 AF PA OSR RMF FtK.1 RSP PA REQ R A2 BP ( .... OSR j Frn 6m (..MN) OSR N) RPIFFI . Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-1. 21.90.030 — Open Space and Recreation District: SP -7 (OSR) A. Purpose and Intent. The SP -7 (OSR) District is established to ensure the long-term use and viability of the Newport Beach Golf Course. B. Principal Uses Allowed. 1. The following principal use is permitted: a. Local and buffer greenbelts. b. Public/private utility buildings and structures. C. Golf courses. d. Outdoor commercial recreation. C. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Detached buildings. 2. Fences and walls. 3. Signs per Section 21.30.065. 4. Restrooms. 5. Any other accessory use or structure which the Director finds consistent with the purpose and intent of this District. D. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this section as permitted. E. Site Development Standards. 1. Building Site Area. One acre minimum. 2. Building Height. Eighteen (18) feet maximum unless otherwise provided for by an approved coastal development permit. 3. Building Setbacks. Twenty (20) feet minimum from all property lines. 4. Off -Street Parking. Per Chapter 21.40. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-2. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 21.90.060 — Residential Equestrian District: SP -7 (REQ) A. Purpose and Intent. The SP -7 (REQ) District is established to provide for the development and maintenance of a single-family residential neighborhood in conjunction with limited equestrian uses. A rural character with an equestrian theme shall predominate. B. Principal Uses Permitted. 1. The following principal uses are permitted: a. Single-family detached dwellings or single-family mobile homes (one per building site). b. Residential care facilities, small licensed. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. e. Small family child care homes (see Section 21.48.070, Day Care Facilities (Adult and Child)). f. Communication transmitting, reception, or relay facilities. g. Public/private utility buildings and structures. h. Large family child care homes. i. Fire and police stations. j. Churches, temples, and other places of worship. k. Educational institutions. I. Libraries. M. Any other use which the Planning Commission finds consistent with the purpose and intent of this District. C. Temporary Uses Permitted. The following temporary uses are permitted: Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-3. 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Section 21.30.065. 6. Home occupations. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Horses and ponies, limited to the following (offspring exempt up to the age of eight months): Size of Building Site (sq. ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6 C. Goats, sheep, pigs and cows only on building sites greater than fifteen thousand (15,000) square feet in size and limited to: (i) no more than two adult animals of any one species per building site and (ii) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-4. e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. f. Minimum setbacks for the keeping of animals shall be as follows: Required for covered portions of structures only. 8. Granny unit, attached or detached. 9. Any other accessory use or structure which the Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this District. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. 1. Minimum Building Site Area. Two (2) acres. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-5. From Property Line From Ultimate Street Abutting RSF or BP From Property Line Right -of -Way Line Districts Abutting REQ District Front Side Front Side Front Side All structures housing animals (e.g., corrals, pens, stalls, cages, 50 20 25 25 5* 5* doghouses) Exercise areas 25 10 0 0 F - Required for covered portions of structures only. 8. Granny unit, attached or detached. 9. Any other accessory use or structure which the Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this District. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. 1. Minimum Building Site Area. Two (2) acres. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-5. 2. Building Height. Thirty-five (35) feet maximum. Roof -mounted mechanical equipment shall not be visible from any existing dwelling unit located three hundred (300) feet or less from the subject building site. 3. Building Setbacks. a. Front Setback. Twenty (20) feet minimum. b. Side Setback. Five feet minimum. C. Rear Setback. Twenty-five (25) feet minimum. 3. Off -Street Parking. Per Chapter 21.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. Newport Beach LCP Implementation Plan — CC Draft 1 Page 21.90-6. Appendix A — Sea Level Rise Purpose. To ensure that sea level rise is adequately addressed in the review of coastal development permit applications and in future updates and amendments to the City's Local Coastal Program (LCP). II. Introduction. Climate change and sea level rise have the potential to significantly threaten many resources within the City's coastal zone, including shoreline development, coastal beach access and recreation, habitats, and scenic resources. These resources are subject to specific protections and regulations in the Coastal Act and the City's LCP. Given that the width of the City's beaches varies between fifty and six -hundred (50 and 600) feet, a sea level rise of as little as six (6) inches may have a negative impact on the low-lying areas around Newport Bay that are not protected by bulkheads and seawalls. Sea level rise may also cause increased coastal bluff retreat in the southern portion of the City where the beaches are narrow, and the surf pounds at the base of the bluffs, eroding away the soft bedrock that forms the cliffs. The potential impacts of sea level rise include loss of recreational beaches due to accelerated erosion, loss of waterfront property through erosion and inundation of low-lying areas, the loss of coastal bluff property through increased bluff retreat, and the loss of and changes to natural habitats in the Upper Newport Bay, Semeniuk Slough, and other low-lying natural areas. In addition, there could be severe social and economic hardships associated with the loss or relocation of visitor -serving, recreational, and coastal -dependent and coastal -related businesses and facilities. III. City's Plan of Action. The City understands there is a threat of flooding in and around Newport Harbor due to sea level rise. Acknowledging the considerable uncertainty in the magnitude of the rise in sea level, the City intends to undertake a proactive program to monitor the rate of sea level rise and be prepared to implement a series of actions based on the actual rise in sea level. Those actions may include requiring public and privately— owned seawalls be properly maintained; requiring public and privately—owned seawalls caps be extended per City standards; revising City standards for new seawall, top -of -seawall elevation and finished floor elevations; studying ways to maintain access to beaches, docks and piers; and monitoring and replenishing beach sand loss in the harbor and along the ocean. The efforts of the City are directly in accordance with the Coastal Land Use Plan policies which are listed below: 2.8.6-1. Prepare and periodically update comprehensive studies of seasonal and long-term shoreline change, episodic and chronic bluff retreat, flooding, and local changes in sea levels, and other coastal hazard conditions. 2.8.6-2. Continue to monitor beach width and elevations and analyze monitoring data to establish approximate thresholds for when beach erosion or deflation will Newport Beach LCP Implementation Plan — CC Draft 1 Page A-1 reach a point that it could expose the backshore development to flooding or damage from storm waves. 2.8.6-3. Develop and implement a comprehensive beach replenishment program to assist in maintaining beach width and elevations. Analyze monitoring data to determine nourishment priorities, and try to use nourishment as shore protection, in lieu of more permanent hard shoreline armoring options. 2.8.6-4. Maintain existing groin fields and jetties and modify as necessary to eliminate or mitigate adverse effects on shoreline processes. 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 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, 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, 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 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 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 previous coastal development permit. 2.8.6-10. Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years). Future Steps Based on the expected rate of sea level rise, the City staff will revise existing or devise new policies for consideration by City Council. Current policies that could be revised include changes to the minimum finished floor elevation, maximum roof heights, setbacks, Newport Beach LCP Implementation Plan — CC Draft 1 Page A-2 public access requirements, existing or new seawall requirements including associated mitigation requirements, and drainage requirements. The City will continue to analyze the potential impacts of sea level rise on the community and will consider policies and corresponding development standards for public review and discussion. This Local Coastal Program may also require appropriate amendments, which will require review and approval by the Coastal Commission. IV. Review of Coastal Development Permits. Upon certification of the Local Coastal Program, the City will issue coastal development permits, based on policies and standards contained therein. The City will use the best -available science to determine a range of sea level rise projections for use in reviewing coastal development permit applications. Sea level rise science continues to evolve, and some processes that are not fully understood may potentially have large effects on future sea level rise. Therefore, the City will re-examine the best available science periodically in conjunction with the release of new information on sea level rise. In its review of coastal development permits, the following policy shall be taken into consideration in addition to the relevant policies stated in Section III. 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 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 waves from a 100 -year event or a storm that compares to the 1982/83 EI Nino event. Applicability. Sea level rise should be considered in the review of a CDP when the project is on low-lying land, on eroding coastal bluffs, or are in proximity to water. These include: • "Low-lying land" areas include the Semeniuk Slough, West Newport, Lido Peninsula, Balboa Peninsula, Bay Island, Balboa Island, Little Balboa Island, Collins Island, Balboa Coves, Mariners' Mile, Balboa Bay Club Resort, Bay Shores, Harbor Island, and Beacon Bay. • "Eroding coastal bluffs" include those along Ocean Boulevard in Corona del Mar and in Shorecliffs and Cameo Shores. • "Proximity to water" includes all of the above areas and shoreline properties in Newport Shores, Newport Island, Lido Isle, Harbor Island, Bayside, Carnation Cove, China Cove, Bayside Village, Newport Dunes, and Dover Shores. Newport Beach LCP Implementation Plan — CC Draft 1 Page A-3 To facilitate this review, the following steps/analysis shall be considered in developing the application submittal. Step 1 Establish the projected sea level rise range for the proposed project's planning horizon (life of project) using the best available science. Step 2 Determine how physical impacts from sea level rise may impact the project site, including erosion, structural and geological stability, flooding and inundation. Wave Uprush and Wave Impacts (see Section 21.30.015.C.3). The wave uprush and wave impact the analysis should identify risks that potentially could occur over the anticipated life of the project from 1) a seasonally eroded beach combined with long term (75 -year) erosion; 2) high tide conditions, combined with long-term (75 year) projections for sea level rise; and 3) storm waves from a 100 -year event or a storm that compares to the 1982/83 EI Nino event. 2. Geologic Stability (see Section 21.30.015.C.4). Geologic stability reports should analyze site-specific stability and structural integrity without reliance upon existing or new protective devices (including cliff -retaining structures, seawalls, revetments, groins, buried retaining walls, and caisson foundations) that would substantially alter natural landforms along bluffs and cliffs. Geologic stability can include, among others, concerns such as landslides, slope failure, liquefiable soils, and seismic activity. In most situations, the analyses of these concerns will be combined with the erosion analysis to fully establish the safe developable area. 3. Erosion. The erosion analysis should establish the extent of erosion that could occur from current processes, as well as future erosion hazards associated with the identified sea level rise scenarios over the life of the project. If possible, these erosion conditions should be shown on a site map, and the erosion zone, combined with the geologic stability concerns, can be used to help establish locations on the parcel or parcels that can be developed without reliance upon existing or new protective devices (including cliff -retaining structures, seawalls, revetments, groins, buried retaining walls, and caissons) that would substantially alter natural landforms along bluffs and cliffs. 4. Flooding and Inundation. The flooding or inundation analysis should identify the current tidal datum and include analysis of the extent of flooding or inundation that potentially could occur from the identified sea level rise scenarios. 5. Other Impacts. Any additional sea level rise related impacts that could be expected to occur over the life of the project, such as saltwater intrusion should be evaluated. This may be especially significant for areas with a high groundwater table such as wetlands or coastal resources that might rely upon groundwater. Newport Beach LCP Implementation Plan — CC Draft 1 Page A-4 Step 3 Determine how the project may impact coastal resources, considering the influence of sea level rise over the life of the project. Resources to consider shall include public access and recreation, coastal habitats, water quality, archaeological/paleontological resources and scenic resources. Step 4 Seek alternatives to avoid resource impacts and minimize risk to the project, such as increasing heights of sea walls or finished floor elevations. Step 5 In conjunction with the approval of the CDP, appropriate conditions of approval will be placed on the project. Newport Beach LCP Implementation Plan — CC Draft 1 Page A-5 IV® MYCAr RNO -AFT Oki lije, Ly�RNX � � �� �J '\ �' .? �;� R ,, r� r �... L .'� � aa� � 11 Q �i s' !' � y� � ✓ � ra ...�i`1� ..�.w •I /i.`iR'Y�bxa ^{ G.� �'L��fa4�.i 1 i�• . ' b� P�� � �f'S � �!.�V � t I idt�C' r i�T/ ' y V' }' l ` J •`ti._� �j^� i � `moi .+.. r 1 �J `3 �,,/.., �'�( J�► . tii �..,i'��..,+`a . -a: � < � i. %�,r ty`A' `ta s _ Q . '" "5,.�'S �rf asa'�M1r C •� a�F�yy F' �A 17 4C C y .'`� f e � � \ s'y'K ;i '/% d � J :^'r °►T ! �.w yT . - � a } i �` ;r r �x�>r. N7s�-.s�...,,.� ,�."d�' � �,.i.� 'i9. +ear c. A�.G�� � JwA �C •-r .� C -Al �'r'..s♦,yAi ..;F � �-.� ''9 :Sy{�'i�Y A �. ��.�,Oy'C i' I ��'�;2 �. TRI --saw Appendix B — Coastal Access Signing Program Sign Guidelines. a. Signs should be place to allow safe pedestrian clearance and should avoid conflict with door opening or vehicular operation. Signs should be located to be easily read, and placed to provide safe stopping or turning distance. Height should normally be 40 inches from the ground to the bottom of a single sign and 36 inches from the ground to the bottom of a double sign. Signs along walkways should be set back a minimum of 18 inches. b. Signing should be consolidated wherever possible: it is preferable to have one sign with three messages that three signs on three separate posts with separate messages. Signs can be combined with other fixtures such as lights to reduce unnecessary posts and cluttering of the landscape or view. However, types of signs should not be mixed; warning or regulatory signs especially should not be mixed with other types. C. The style for lettering should be standardized throughout the signing system. d. Coastal access signs should incorporate a standardized symbol that is recognizable by the general public as a symbol that means coastal access. e. Any segment of the California Coastal Trail should incorporate official California Coastal Commission "foot and wave" logo and/or the words "California Coastal Trail." The use of international, pictorial symbols can also be an integral part of a standardized signing program for accessways. The use of symbols rather than phrases or sentences has a number of advantages: symbols are more explicit than words; sign size can be reduced; and symbols are more explicit than words; sign size can be reduced; and symbols are universally understood. When located correctly, signs using symbols are universally understood. When located correctly, signs using symbols can stand alone, with little or no additional explanation. When used consistently throughout the accessway signing system, the symbols can be used in conjunction with additional written information to provide a quick index to the types of activity, the regulations for use and the location of accessways which are part of the system. Symbol signs have been standardized and are readily available from most sign companies. Types of Signs. There are four basic sign types. The kind of information that a sign is conveying determines its placement, design and use. a. Wayfinding. These signs help orient visitors, shoppers, and residents alike, pointing them to area parking facilities, retail establishments, pedestrian and bicycle access routes, and other important destinations. A wayfinding signs can be Newport Beach LCP Implementation Plan — CC Draft 1 Page B-1 tailored to specific groups depending on contextual factors and desired outcomes; however, these tools are most relevant and important for those unfamiliar with an area. Wayfinding informs people of the best way to access an area, depending on their mode of travel. Marine -oriented signs should assist owners/operators of visiting vessels to locate harbor support facilities. b. Public Access. These signs assist the public in locating, recognizing, and utilizing public trails and bikeways. These signs should be used intersections with roads or trails and at trailheads. Use of too many directional signs should be avoided. However, where it is necessary to use a number of directional signs, they can be effectively clustered. To indicate a change in route or confirmation of a correct direction, an arrow should be included in a directional sign. Where appropriate, these signs should include information advising the public of environmentally sensitive habitats, safety hazards, and to respect adjacent private property. Marine -oriented signs should assist boat owners/operators and the public to locate public launching and docking facilities. C. Informational Signs. Informational signs are used for organizing a series of elements (i.e., location of restrooms, water fountains, telephones, etc.) Informational signs should be placed at a natural gathering spots and included in the design of the accessway. Regulatory Signs. A regulatory sign should differ in shape from other signs and give operational requirements, restrictions or warnings (i.e., environmentally sensitive habitats, safety hazards, private property, etc.) Graphic symbols are useful in transmitting messages quickly. e. Identification Signs. Identification signs give specific location information. Newport Beach LCP Implementation Plan — CC Draft 1 Page B-2 City of Newport Beach Wayfinding & Directional Signage Program Initial Design and Locations Note: Subsequent wayfinding signs may have design variations that reflect the character and/or themes of the neighborhood or district in which they are located. Newport Beach LCP Implementation Plan — CC Draft 1 Page B-3 Wayfinding Sign Locations Coastal Zone Boundary City Boundary Document Name: I IAII*A IIIA"I ------ - - - ---- f • eq 004 CO 0 0.5 mmmmmmiz:== Miles ..qc .. /.... . ... . % I IAII*A IIIA"I ------ - - - ---- f • eq 004 CO 0 0.5 mmmmmmiz:== Miles PROJECT FONTS: GRAPHIC IMAGES: ABCDEFGHIJKLMNOPQRSTUVWXYZ ABCDEFGHIJKLMNOPQRSTUVWXYZ Bembo SC 4D ABCDEFGHIJKLMNOPQRSTUVWXYZ Graphic Image abcdefghijklmnopgrstuvwxyz ClearviewHwy-2-W ABC DE FGH IJ KLMNOPQRSTUVWXYZ a bcdefg h i j kl m nopq rstuvwxyz Futura Bold Project Arrowform COLOR SCHEDULE: No. Color No. Color Name Finish iQ 3M Process Color Series 880 PMS 1225c Yellow Transparent Ink (Accent Borders and Title Color on face) 2 0 3M Diamond Grade VIP 3990 White — (Entire Face allowing Header Background and Reflective Sheeting white Copy to Show thru) 3O 3M Process Color PMS 2728c Lighter Blue Transparent Ink (Oval background color) ® 3M Process Color PMS 2738c Dark Blue Transparent Ink (Newport Beach Copy and Accent Bar on Face) SQ 'Opaque paint to match MP02098 "Blue Funk' Semi gloss (Edges, Backs and Frames) Matthews Paint acrylic polyurethane with U.V. inhibitors or equivalent H U N T D E S I G N v5 Noarx Nexron Avexxe Pn�noexn, Gueoxxu 9 --7-9 2012-05-15 "AS -BUILT" DOCUMENT SET LOCATION PLAN - QUADRANT 004 H U N T D E S I G N v5 N,m MENTOR A-11 PA .RNA,C­­­ I - --7-1 T 616)95y84- 1 616 795-1549 KEY MAP 0—Lour. 2012-05-15 "AS -BUILT" DOCUMENT SET VO7-LO(i07 vas -Las -06 LIDO FV 0_1 o5 PENINSULA s�w von-Los-0aycs� voo-Loso� I� H U N T D E S I G N a3 Noarx Mex)oa Av¢Hue Pnl6oenn. Gueoexin 9� X06 -x)09 T 616 793yS47 i 616 793-+349 KEY MAP m_._. 2012-05.15 "AS -BUILT" DOCUMENT SET Boa LOCATION PLAN - QUADRANT K08 H U N T D E S I G N vs N.— M..— Aver"e PAtAuerh Q111111A 9e eo6— 9 i 6z6193161+ 1 6" 7111 319 KEY MAP m9,9uM« 2012.05-15 "AS -BUILT" DOCUMENT SET NOTE I .: �GN TO tl ABOVE.1 cu'0�' Of CUFB H U N T D E S I G N 15 Nl—, MIN 11 A-0 WIVENA. ALIFORN,A9„06-,709 16"793-184- f 6v6791 -a)49 I N08 KEY MAP m-,- 2012-05.15 "AS -BUILT" DOCUMENT SET VO1J09Ot NOTE. SIGN REPLACED S RAISED J FEET FROM ORIGINAL LOCATION LOCATION PLAN —QUADRANT J09 H U N T D E S I G N s5 N.— M..-. A-.. P-1111, C1110-1 9� z-909 T 6-679)—l6;? r 6"793— 549 109 1109 KEY MAP 2012-05.15 "AS -BUILT" DOCUMENT SET q TO STFEETLIGNTaEOSG ONE POLE EAST �H't^reii�� v.2 -L aW NUTS. 11ISE06 FEET HUNTDESIGN 26N—M- RAvm,R PM6o[xn. CALI90PN16 91 X06-»09 T6-6793-1847 T 616793--549 KEY MAP m-,-. 2012-05-15 "AS -BUILT" DOCUMENT SET Nle 41, i�- VO2.M10-01 NOT E. REMOVED-TOUPI IN; 1: 111>. ON NEXT POLE M09 ,.o _ I j I M10 L10 LOCATION PLAN -QUADRANT M10 i f N .7- 1 LL KEY MAP 2012-05.15 "AS -BUILT" DOCUMENT SET C 4040 H U N T D E S I G N •5N -T. Mexiox AV.- —�-'LT'=- WAYFINDING SIGN PROJECT PASAD[xA. Gu10x11A-1 -a719 w� olnanl bv6 �y1-JYq? L bvb71Y1111 "gam IT — PS CITY OF NEWPORT BEACH M -5387S w xxxroe�wx.eon DATE DECP1PiIO REAV= p1EO�DL °"�01na11 PUBUCWORKSOEPARTMENT i LP -18 m H 71 1 1 LOCATION PLAN - QUADRANT 111 H U N T D E S I G N s5 N.— M.—M... P-1111. Q11011u 9r196 -x719 6.6 793�64- i 6..6193+519 KEY MAP 2012-05-15 "AS -BUILT" DOCUMENT SET H U N T D E S I G N 13 No M,W ,A—, Pzuoex.. GuFoxxzn 9zzo6-z)o9 • =,3=,r,6%6 79 3-z349 A McFadden Square Newport Pier Parking 2012-05-15 "AS -BUILT" DOCUMENT SET Balboa Village Parking -> Balboa Village . McFadden Square McFadden Square i Cannery Village Mariner's Mile Balboa Island Ferry�� Nautical Museum F Newport Pier Newport Pier Ttoast Highway Parkin © p Cannery F Post Office Parking ©Parking / Village © i Theatre Balboa Vi' Ilage McPadden Sq McFadden Squ % Cannery Marine,, C uti[boa Island Ferry each T Newport Pie l Village Post Office 4 utical Museum !r (e) © Parking Parking © ,r ���f Lido Village/ Theatre L Corona del Mar r M,Fadd— Square `� Lido Village F Central K Balboa Blvd Parking Library Balboa Pier / Corona del Mar �' McFadden Squared Central 4 F Parking © F Environmental Library �a kn�.r Nature Center %---mss Coastal Access 3 © Parking Coastal Access © Parking T' QUADRANTS F Coastal Access --� Parking Post Office F Coastal Access Parking Balboa Peninsula 4 Piers "C'QUADRA S F Past Office 'Q' QUADRANTS F Post OfficeA,, 'R' QUADRANTS H U N T D E S I G N ztl N.—...T.. Avenue PAtAOENA, Gueoanu gr w6—z • 6z6191—)tl�+ r 6z6 ........ 2012-05.15 "AS -BUILT" DOCUMENT SET twtiox Dtutwx I w' �rr toDnox Dtwtwx I w iv tix aie.e tn� t fctxiai con x�E � Q- R TLid ill ge wwwD9E x tea. x � x Newport' • McFadden Squ EE _ SIGN V02-N05-02 cmf == 2012.05-15 "AS-BUILT" DOCUMENT SET C-4040 H U N T D E S I G N PREPawEDarnunrDDSDn vs N.— M,.-. A—E PASADENA, Ceu 0-191 E1�E719 ° '� �— WAYFINDING SIGN PROJECT 01124/11 6”>'9�yad+ [ 1-1)9Y+319 w D„E oEsam JT IAEN PS CIN OF NEWPORT BEACH M5367S nunroe<wx.<or NO. Dnre DESCRIPTION of RENSIONs °wO�DC °""oinan PUBLIC WORKS DEPARTMENT a V02.0 Carona del M �`� 1 Balboa Vflingo "� �% r �'- (- Balboa Island i T Balboa Island %R Balboa Village (- Corona del Mar Ferry Mariners Mile Parking P State Beach Balboa Peninsula Nautical Museum ' visitors Bureau T Beach Parking CO) Newport Pier Library Balboa Mar r�'� ' fl -lb.- Village y ry E Balboa Island Fer � Corona del Mar Libra � ry Crystal Cove Coast Highway T Corona del Mar Nautical Museum Balboa Peninsula• State Beach . Balboa Island a ibVill"'ealbea VHlogaJIL.Fe BlaislaBalboa islanryFerry Pier ©Nautical Muslght dM State Beath �.6a1bne Village `�. Corona dvl Mar _ E Library E Parking lP) Balboa Island Ferry :4 Sherman Library & Balboa Pier Gardens Nautical Museum R Newport Center Parking U (E) Parking-> roa Village T E Balboa Island W` Mariner's Mile E- Newport P <_ ier Lido Village McFadden Square'� ,t, Cannery villag, Coast Highway + Newaort.Pie" `� �-- Lido Vill... Newport Pier 4 E City Hall McFadden Square T Newport Pier T Balboa Pier McFadden Square, ��_ _ ,. \� �" Mon.•.'a Mar �\ E Newport Pier (P) Parking 3 McFadden Square T Balboa Peninsula Coast Highway Piers 111 T Corona del Mar T Newport Center Crystal Cove Fashion island State Beach Balboa Island +Balboa Island 7i E Visitor's BureauJEU-Corona Coast Highway-> alboa Peninsula -j del Marg 's Mile It Center Island Island Police Dept a Art Museum Chamber of Coast Highway Newport Center Fashion Island Balboa Island Right Lane A�J�yt:2 E- Police Dept Art Museum Chamber of Commerce Balboa Island Newport Center Fashion Island Corona del Mar Newport Center Fashion Island Balboa Island Corona del Mar Balboa Island Newport Center Fashion Island Corona del Mar i aw m.-P,E s s Y O &T BZ o s 2012-05.15 "AS -BUILT" DOCUMENT SET H U N T D E S I G N P.AEDBY PQM D6.x°� 0040 •5 N.—MS A—.. ° �, �-- WAYFINDING SIGN PROJECT Pn6nuExn, GuPoaxu 9==ob-=)o9 �1211.1,1 T 6.6 795-7847 F 6x6795 -x549 CIN OF NEWPORT BEACH M5387SW. UTE DESMPMM OF RFASIONS O1EPUBLIC WORKS DEPARTMENT + V03.0 • • • • Corona del Mar i � McFadden Square i � Lido Village i �, i � F Library � Northbound T Balboa Coast Highway �- Parking © Peninsula CdM State Beach � T Crystal cove Southbound 7t . Piers state Park Coast Hi g hwa Y _ ... 'I"OUADRANTS "P" QUADRANTS � McFadden Square i � Mariner's Mile i Highway F Parking E- Coast E- Newport Center;` '�' Freeways T Newport Center Fashion Island Balboa Pier>= Fashion Island Balboa Island .- -Newport Center � rn F Police Dept Fashion Island Art Museum . --- Chamber of Commerce Vouomws OUMMNTS 2012-05-15 "AS-BUILT" DOCUMENT SE A, N.— A­. tx—_ WAYFINDING SIGN PROJECT sCITY OF NEWPORT W. � Appendix C — Eelgrass Management Plan Newport Beach LCP Implementation Plan — CC Draft 1 Page C-1 EELGRASS PROTECTION AND MITIGATION PLAN FOR SHALLOW WATERS IN LOWER NEWPORT BAY: AN ECOSYSTEM BASED MANAGEMENT PROGRAM City Of Newport Beach Public Works Department Harbor Resources Division PO Box 1768 Newport Beach, CA 92658-8915 AUGUST 7, 2015 TABLE OF CONTENTS Summary of the Eelgrass Protection and Mitigation Plan .............................. i Introduction..................................................................1 Background...................................................................2 Elements of the Plan............................................................5 1. City Assumes Lead Responsibility ........................................ 5 2. Tier Levels Based on Eelgrass Surveys .................................... 10 3. Best Management Practices(BMPs)...................................... 14 4. Program to Promote Eelgrass Growth and Establishment .................... 16 Initial Program Actions........................................................ 17 Reporting and Adaptive Management ............................................. 18 Other Conditions Applicable to this Plan .......................................... 19 Acknowledgments............................................................21 References...................................................................21 TABLES Table 1. Eelgrass Tiers for Activities Occurring in the Project Area ................ v Table 2. City Sponsored Shallow Water Eelgrass Surveys in Newport Harbor. ....... 9 FIGURES Figure 1. Location of sampling areas within the shallow water eelgrass zone of Lower NewportBay......................................................8 Figure 2. Location of Stable, Transitional, and unvegetated eelgrass zones based on CRM (2010)............................................................9 Figure 3. Tidal flushing in days for the lower and upper Newport Bay area.......... 12 Appendix A Project Area Maps Appendix B Eelgrass Survey Data for the Project Area SUMMARY OF THE EELGRASS PROTECTION AND MITIGATION PLAN The purpose of this document is to describe the City of Newport Beach's eelgrass (Zostera marina) protection and mitigation plan (the Plan) to be used within Newport Harbor for routine maintenance dredging activities typically undertaken by individual property owners. The Plan focuses on the shallow water eelgrass protection and mitigation measures associated with the following action: (1) Minor maintenance dredging under and adjacent to currently authorized private, public, and commercial docks, floats, and piers. Dredging depth is not to exceed -10 feet mean lower low water (MLLW; plus 2 feet of allowable over depth). These types of impacts to eelgrass are temporary in nature. Temporary refers to the fact that the maintenance dredging is short lasting and that immediately following the dredging, the area is subject to sedimentation. The area to be dredged generally consists of the area beneath the boat and dock where eelgrass is generally not found and therefore in these areas there is little or no impact to eelgrass. Eelgrass, however, may be found on the side slopes of the dredged area and therefore comprise only a small or minor area compared to the overall dredging footprint. The area outside the dredging footprint is usually not disturbed by the dredging activity; although there may be some temporary impacts due to turbidity. Maintenance dredging impacts would be minor, as they would occur in small areas within the RGP 54 and Plan boundaries, which cover a relatively small portion of Newport Harbor and the Stable and Transitional Zones. Eelgrass has been observed to re-establish itself in these areas following dredging events as natural rates of siltation occur. Based on Newport Harbor -specific data reported by Coastal Resources Management Inc. (2010), the shallow water population of eelgrass is found at depths up to -6 to -15 feet relative to MLLW, with greater depth penetration in the portions of the harbor closest to the ocean inlet and lower penetration within Upper Newport Bay. Eelgrass is spread by seed, and it can colonize areas within a few years along the edges of the dredged area. Because eelgrass impacted by dredging is usually at the edge of a dredged area (i.e., it does not grow under the existing docks or boats), the depth of dredging is usually shallower at the sides than within the boat slip, and this slope is within the zone that can be occupied by eelgrass. Other studies have shown that eelgrass can occur within 1 to 2 growing seasons following dredging; however natural variation between years can be substantial and must be considered when evaluating recovery times (Sabol et al, 2005). 1 The area within Newport Harbor where maintenance dredging would occur is referred to as the Plan Area and comprises portions of the harbor defined as: The bulkhead to pierhead line plus 20 feet bayward, including those exceptions for structures that extend beyond this boundary as of 2013 in conformance with harbor development regulations or policy. Within the Harbor, there are three zones that have been defined in terms of eelgrass presence: Stable Zone: An area within the Plan Area that exhibits little variation in overall abundance from year to year. This Zone contains the greatest amount of eelgrass in large contiguous beds and is the area closest to the harbor entrance. Transitional Zone: An area within the Plan Area that exhibits higher variation in overall abundance between surveys and has sparser coverage by eelgrass in scattered eelgrass beds. Unvegetated Zone: An area within the Plan Area within which eelgrass has not been observed during the surveys. This Zone is in the western end of the Harbor. Maintenance dredging in compliance with the Plan will be limited to an annual maximum of 8 acres within the Stable and Transitional Zones, but is not otherwise limited in the Unvegetated Zone as long as the dredging meets all other conditions associated with the authorized permit for such dredging. Within the 8 acres that may be dredged annually within the Stable and Transitional Zones, the maximum amount of allowable impacts to eelgrass will be limited to a fixed percentage of each Zone per year. The percentage of eelgrass that is allowed to be impacted and the best management practices to be implemented are based on Tier levels that have been established for each Zone. Three Tiers are used: Tier 1: A level at which eelgrass is generally abundant and thriving based on the upper 40% of observations' from the last four biannual surveys of eelgrass within the Plan Area. 1 The Tiers are based on a proportion of abundance observations taken between 2003 and 2014 assuming a normal distribution. 11 Tier 2: A level at which eelgrass is less abundant and may be under some environmental stress based on the middle 20% of observations from the last four biannual surveys of eelgrass within the Plan Area. Tier 3: A level at which eelgrass has declined to lower levels and may be experiencing significant environmental stress based on the lower 40% of observations from the last four biannual surveys of eelgrass within the Plan Area. The Tier level applicable will be determined from the most recent Plan Area survey, e.g. the amount of eelgrass present will be compared to the ranges set for each of the Tiers. The impacts to eelgrass allowed in the Stable and Transitional Zones will then be set —up to 5% of the population2/year in Tier 1 and up to 3% of the population/year in Tier 2. However, in no case, shall the total impact to eelgrass in the Stable and Transitional Zones within any year be greater than 1% of the estimated total abundance of eelgrass within Newport Harbor as determined from the most recent full Harbor eelgrass survey. The Tier levels and the actions that the City will undertake are defined in Table 1, and a flow chart demonstrating the process is shown on Figure 1. The Tier levels may be adjusted in the future based on subsequent survey results, but only with approval by the federal and state agencies with permit authority over the maintenance dredging activities. Mitigation for temporary loss of eelgrass, for activities covered under this Plan would be implemented under an approach that includes four elements: (1) City Assumes Lead Responsibility – The City will enforce compliance with the Plan, subject to agency oversight.4 Consistent with its management role, the City, rather than individual property owners, will generally be responsible for surveying and data gathering. This will ensure decisions are made based on the City's reliable, professionally gathered data, while relieving individual property owners of a burden they generally lack the expertise to effectively implement. (2) Biannual Surveys of Eelgrass Abundance – The Plan promotes an ecosystem - based approach; the key metric of eelgrass protection is the maintenance of a 2 The population acreage within each Zone used for this calculation is the average of the four baseline eelgrass surveys conducted between 2003 and 2014. This acreage is 16.78 acres for the Stable Zone and 3.81 acres for the Transitional Zone. ' The full Harbor survey includes the Plan Area and the subtidal areas outside of the Plan Area. The most recent full Harbor survey was conducted in 2013-2014 and was found to be 88.27 acres. 4 The Plan will be implemented in coordination with Regional General Permit 54. Other projects that have temporary impacts to eelgrass that require Individual Permits under Section 404 of the Clean Water Act could qualify, if they occur within the Plan Area in Newport Bay and are within the thresholds established under this Plan. III sustainable shallow water eelgrass population. The focus of the City's management will be to protect and promote shallow water eelgrass populations. Dredging is conditioned on compliance with best management practices (BMPs) for avoiding eelgrass disturbance where possible. If the abundance of eelgrass decreases in the Plan Area, annual allowable impacts to eelgrass under this Plan will also decrease and increased mitigation will be implemented in a phased manner. If additional impacts to eelgrass within the Plan Area are proposed after the annual limit is reached or eelgrass acreage within the Stable or Transitional Zone is at or below Tier 3, the applicant will need to apply mitigation consistent with the California Eelgrass Mitigation Policy (CEMP) with approval from federal and state agencies. (3) Best Management Practices — The City will approve the application of the Plan for projects subject to property owner compliance with BMP standards. BMPs include avoidance and, when appropriate under the Tier levels, active eelgrass establishment techniques, such as seeding using buoy deployed seed bags (BDSB) and/or use of TERFSTM.5 Other transplanting methods may also be used if they are effective in establishing and promoting eelgrass establishment. BMPs will minimize negative impacts to existing eelgrass and encourage additional population growth. (4) Program to Promote Regrowth and Establishment — The City will encourage and support pilot testing of BDSB and TERFTM strategies, begin an education program to encourage the public to view eelgrass as a valuable component of the ecosystem rather than a nuisance weed that restricts boat and dock use, and where appropriate, consider other methods to create areas suitable for eelgrass. The Plan provides an incentive to the City and property owners to promote a healthy eelgrass population in Newport Bay, as the increased eelgrass occurrence will be accommodated by the flexibility of the Plan to allow for greater temporary impacts. The Plan will encourage innovative and effective methods to be used to promote eelgrass establishment throughout the bay, where conditions are suitable, as opposed to limited project -by -project mitigation. Based on the most recent survey (Appendix B) and the Tier levels established under this Plan, the Tier level starting in August 2015 for the Stable Zone is Tier 1 (19.3 acres in Stable Zone Plan area exceeds 17.2 acres) and for the Transitional Zone is Tier 2 (3.45 acres in Transitional Zone Plan area is within the range of < 4.5 to s 3.1 acres). 5 TERFTM refers to "Transplanting Eelgrass Remotely with Frame Systems." Adult plants are transplanted using a frame system to which the plants are attached. iv Table 1. Eeluass Tiers for Activities Occurring in the Plan Area in Newnorr Harhor Shallow Water Eelgrass in Plan Area Allowable Annual Temporary Impacts to Eelgrass in the Plan City of Newport Beach Action Transitional Stable Zone Zone Areal Tier 1 Up to a total of 5% of the The City will develop, test, and/or improve methods to collect and use eelgrass in the Stable Zone Plan eelgrass seeds for deployable seed bagging and to construct or use Area (= 0.84 acreS2) subject to eelgrass TERFSTM devices. This work will be done by the City annual maximum limit below proportional to the amount of routine maintenance undertaken by the dock owners. Up to a total of 5% of the • The City conducts surveys every 2 years to determine extent of Eelgrass extent Eelgrass extent eelgrass in the Transitional eelgrass coverage in the Plan Area and every four years expanded to in Plan Area in Plan Area Zone Plan Area ( =0.19 acres) the full Harbor. subject to annual maximum • Conduct education program to help the public see eelgrass as a z 17.2 acres z 4.5 acres limit below valuable ecosystem component rather than a nuisance weed that restricts boat and dock use Annual maximum for Stable • Encourage owners to minimize the size of docks and floating and Transitional Zone is no structures or use docks and floating structures that maximize light more than 1% of the total penetration eelgrass in the most recent • Continue to update BMP procedures to minimize impacts to eelgrass harbor wide survey. (Currently and to promote eelgrass coverage. = 0.88 acres) Tier 2 Up to a total of 3% of the • The City will require applicants to implement deployable seed Eelgrass extent Eelgrass extent eelgrass in the Stable Zone Plan bagging, TERFSTM , and/or other transplant method BMP at impact in Plan Area in Plan Area Area ( = 0.5 acres) subject to area. annual maximum limit below. • The City conducts surveys every 2 years to determine extent of < 17.2 to z 16.3 < 4.5 to z 3.1 eelgrass coverage in Plan Area and every four years expanded to the acres acres Up to a total of 3% of the full Harbor. eelgrass in the Transitional • Conduct education program to help the public see eelgrass as a Shallow Water Eelgrass in Plan Area Allowable Annual Temporary City of Newport Beach Action Transitional Impacts to Eelgrass in the Plan Stable Zone Zone Areal Zone Plan Area (= 0.11 acres) valuable ecosystem component rather than a nuisance weed that subject to annual maximum restricts boat and dock use limit below. • Encourage owners to minimize the size of docks and floating structures or use docks and floating structures that maximize light Annual maximum for Stable penetration and Transitional Zone is no • Continue to update BMP procedures to minimize impacts to eelgrass more than 1% of the total and to promote eelgrass coverage eelgrass in the most recent harbor wide survey. (Currently = 0.88 acres) Tier 3 • Any impacts to eelgrass will be mitigated using the methods (e.g. transplanting), mitigation ratios, and performance standards in the National Marine Fisheries Service California Eelgrass Mitigation Policy. Eelgrass extent Eelgrass Extent • If shallow water population remains below lowest Tier 3level for in Plan Area is in Plan Area is Eelgrass impacts two consecutive survey periods, the City will work with the agencies only allowed with standard to determine the cause of the decline and, if necessary, initiate < 16.3 acres < 3.1 acres CEMP mitigation additional actions to improve or create habitat suitable for re- establishment of eelgrass populations. • The City conducts surveys every 2 years to determine extent of eelgrass coverage in the Plan Area and every four years expanded to the full Harbor. Notes: 1 If additional impacts to eelgrass are proposed within the Plan Area after the Tier limit is reached during any annual reporting period, mitigation would be provided by the project proponent independent of this Plan and consistent with the CEMP or other applicable mitigation policy. 2 The allowable maximum acreage within each Zone has been determined from a percentage of the mean of the last four surveys conducted between 2003 and 2014. v1 Newport Bay Eelgrass Protection and Mitigation Plan Eelgrass Survey using Standardized Methods Plar, Area Survey every other year Harbor Wide Survey every four years Determine Tier Level using most recent survey data relative to fi xed Tiers • Stable: grata than or equal to 17 2 ac •Translticrnal: greater than or equal toe.Sac •Stable:1S3to 17.�ac •Transmonat 3.1to45ac • Stable: less than +F 3 ac -Transitional. lez&an 3.1 ac 1 T � er 3 for two s urvey periods; City a nd agenoesconfer on additionalactzris Annual implementation City determinesTier Level thatsers allowable ekru . City provides annua; report on activities to Agencies C.ty assures :ompF ancewith suthoraation and ma : mains database on completed actions Cityimpiemeras general etsof Pl a n to protect and ma, rtta�n EM'' Within allowable annual impact City a uthort: es activstyw th 810s approprmeto Tier level App! rant sutxnrrs Project to City under RGP or Ind iv: dual Permit app cation m City verities Project meetsRGP conditions or, if inciividualPermiL that project is consistent with the Plan C­vdeterm,nes mpactsto eeirass for each project basedonfnost recent survey data and within a: iolivabie Tier Exceed 0 ` Annual \. allowed impact App4ICBM to m itigateurxler CEMP 1191 V•o"M•W The purpose of this document is to describe an Eelgrass Protection and Management Plan (the Plan) for temporary and minor impacts to eelgrass (Zostera marina), associated with maintenance dredging at boat docks typically undertaken by individual property owners and small commercial operators, and include: Minor maintenance dredging to be performed under and adjacent to currently authorized private, public, and commercial docks, floats, and piers. Dredging depth is not to exceed -10 feet mean lower low water (MLLW), plus 2 feet of allowable over depth. The Plan is an outcome of the City of Newport Beach Harbor Area Management Plan (RAMP), as issued in April 2010 and approved by City Council in November 2010. The HAMP established goals and best management practices (BMPs) to ensure a healthy eelgrass population within Newport Harbor, including the development of the Plan. Consistent with its role as Newport Bay's primary steward and the California Eelgrass Mitigation Policy's (CEMP), the City developed this Plan tailored specifically to Newport Bay's shallow waters adjoining residences. The Plan will govern practices related to a portion of Lower Newport Bay's existing eelgrass population—the shallow water eelgrass zone generally found at depths less than 10 feet below MLLW. Much of the shallow water eelgrass population is located in areas occupied by private piers, docks, and small commercial facilities. The Plan focuses on those impacts that are minimal and temporarily associated with maintenance dredging in these shallow waters. Eelgrass is very resilient in these areas and recolonizes areas between dredging events as the areas silt in over time. There appears to be an abundant source of seeds to allow for eelgrass establishment in areas affected by the dredging activity. Based on Newport Harbor -specific data reported by Coastal Resources Management Inc. (2010), the shallow water population of eelgrass is found at depths up to -6 to -15 feet relative to MLLW, with greater depth penetration in the portions of the harbor closest to the ocean inlet and lower penetration within Upper Newport Bay. Because eelgrass impacted by dredging is usually at the edge of a dredged area (i.e., it does not grow under existing docks or boats), the depth of dredging is usually shallower at the sides than within the boat slip, and this slope is within the zone that can be occupied by eelgrass. Additionally, because maintenance dredging is not occurring in all areas at the same time, various stages of eelgrass recovery occur throughout the harbor. The Plan will serve the principal goals of protecting and promoting a long-term sustainable eelgrass population while serving Lower Newport Bay's navigational and recreational N Background beneficial uses. The touchstone of the Plan is an ecosystem -based approach that works by protecting a sustainable eelgrass population in the Lower Newport Bay and enforcing BMPs that will promote eelgrass growth. The approach to managing the Harbor's resources embodied in this Plan is consistent with the California Ocean Protection Council's (COPA Five Year Strategic Plan to implement ecosystem -based management (EBM) (COPC 2006). According to COPC, the goal of EBM is, "to maintain an ecosystem in a healthy, productive, and resilient condition so that it can provide the services humans want and need. Ecosystem -based management differs from current approaches that focus on a single species, sector, activity, or concern." Ecosystem -based management (EMB) recognizes there are multiple objectives and benefits provided by marine systems, rather than single ecosystem or species services. Such benefits include vibrant commercial and recreational fisheries, biodiversity conservation, renewable energy, and coastal protection. In addition, EMB is adaptable to changing conditions and taking into consideration that healthy systems exhibit resilience to disturbances; therefore, management measures should consider and adapt to large and small scale factors that affect ecosystem change. The EMB approach is also consistent with the Final Recommendations of the Interagency Ocean Policy Task Force (CEQ2010), which emphasizes the concept of Coastal and Marine Spatial Planning for management of coastal resources. The National Marine Fisheries Service (NMFS) has taken a lead role in promoting and implementing EMB within its fisheries, coral reef, and marine sanctuaries management programs. The extension of this approach to eelgrass management in Newport Harbor is proposed in this Plan. BACKGROUND The City, as the primary steward of Newport Bay, has invested significant resources to ensure a healthy eelgrass population thrives in the Bay. For instance, the City has retained experts to develop this Plan, conducted eelgrass mitigation banking projects, engaged contractors to conduct bay -wide monitoring and surveying of eelgrass distribution using consistent and repeatable methods, and, most importantly, worked to make the bay more hospitable to eelgrass through the implementation of water quality protection measures. Most recently, the City approved a HAMP that sets an overall goal to, "support a sustainable estuary ecosystem able to be integrated with upstream sustainable watersheds and adjacent coastal area systems." As a result of these extensive efforts, City staff, as well as the scientists and consultants who have been retained to assist the City, have developed considerable data, knowledge, and expertise about eelgrass ecology in Newport Bay. 2 Background The City, as part of its commitment to the 2010 HAMP, developed this Plan for the shallow water eelgrass population in the Lower Bay that promotes a healthy eelgrass habitat and maintains the Bay's navigational, commercial, and recreational uses. The Plan specifically addresses the temporary and minimal impacts to eelgrass resulting from maintenance dredging projects associated with those facilities with the Plan Area. The Plan Area is defined as follows: The bulkhead to pierhead line plus 20 feet bayward and including those exceptions for structures that extend beyond this boundary as of 2013 in conformance with harbor development regulations or policy. The specific boundary of the Plan Area has been established based on harbor surveys of existing docks and is attached as Appendix A of this document. The Stable and Transitional Zones are those areas within the Harbor where eelgrass has been known to occur based on long-term surveys and is scientifically based on known oceanographic factors (e.g., circulation, turbidity, salinity, and temperature) that affect eelgrass establishment and growth. Further discussion of these zones and a map showing their occurrence are found on Figure 2. The Plan consists of four main parts: (1) The first part establishes the City as the primary steward of eelgrass habitat in the Bay by placing the responsibility for approving use of the Plan for small maintenance dredging projects, as well as monitoring, surveying, and data gathering on the City rather than on individual property owners. The City would take lead responsibility for initial screening of maintenance dredging projects within the Plan Area and assuring that such projects are consistent with this Plan. In addition, the City would assure compliance with permit conditions and all reporting requirements under the Regional General Permit and any other authorization for maintenance dredging in the Plan Area. (2) The second part establishes a procedure by which various amounts of impact to eelgrass from maintenance dredging may occur with the assumption that natural recolonization will allow for recovery over time. However, at lower abundance levels of eelgrass, increasing direct actions will be undertaken to promote eelgrass recovery. The Tiers represent various acreage levels of eelgrass within the Plan Area. (3) The third part establishes BMPs in order to minimize negative impacts and encourage eelgrass population growth, especially following periods when natural events may reduce eelgrass population levels. 3 Background M The fourth part establishes a program by which the City will implement methods to promote eelgrass growth and promote public education on eelgrass and includes measures to implement adaptive management as new information is developed. The City has met with NMFS in the development of this Plan and has incorporated the Service's comments and recommendations into the Plan. The City has also met with the Los Angeles District of the Corps of Engineers, the Santa Ana Regional Water Quality Control Board, the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife, and the California Coastal Commission during the development of this Plan. Comments received from these agencies have been incorporated into the Plan as well as the compliance with Special Condition 2 contained in the Coastal Development Permit 5-14-020 as approved by the Commission in June 2015. With approval from the federal and state permitting agencies, this Plan will be considered a special management plan area under the CEMP and will be used for maintenance dredging within the Plan Area. Applicants whose maintenance dredging projects qualify will reference the Plan when proposing work in areas containing eelgrass, and the resource agencies will use the Plan as a basis for compliance with eelgrass mitigation. The City will prepare annual reports on its progress in implementing the Plan and will maintain records of projects approved under the Plan. 0 ELEMENTS OF PLAN C= ASSUMES LEAD RESPONSIBIL= The City will have responsibility for implementing the Plan and will comply with all reporting requirements to the permitting agencies. Applicants will be required to submit an application to the City to use the Plan as mitigation for impacts to eelgrass. The City will consider the nature of the project and area of eelgrass impact that would result from the routine maintenance dredging. If the City approves the applicant's use of the Plan, the applicant will reference the Plan in their regulatory permit application, including verification by the City certifying the work. For those projects covered under the Regional General Permit (RGP) issued to the City, the reporting and permitting will be undertaken as specified in the RGP. The City's eelgrass survey and maps will replace the requirement for individual applicants to conduct eelgrass surveys and can be used in support of the agency regulatory approval process. Eelgrass impacts would be calculated by the City using GIS software -by overlaying dredge footprint data with the most recent eelgrass data collected during comprehensive biannual surveys. If eelgrass was present within a dredging footprint during the previous biennial survey, its presence at the time of dredging must be assumed and the size of the presumed eelgrass loss documented. That area shall be examined specifically during all following biennial surveys and the distribution and cover of eelgrass documented to determine recovery time. The City will be responsible for tracking eelgrass distribution in the Plan Area based on the most recent survey completed prior to the proposed work and for reporting those impacts to the agencies in compliance with the RGP. The City will not authorize any maintenance dredging within the Plan area in excess of 8 acres per year in the Stable and Transitional Zones and in accordance with the Tier levels. In addition to the Tier level limitations, the City will not authorize more annual impacts of more than 1% of the total eelgrass found during harbor wide surveys conducted every four years. The City will report to the agencies when the dredging limit has been reached for the year. The designation of the various survey areas is shown on Figure 1. The survey procedure is done using a SCUBA diver and GPS and is very accurate in terms of determining the distribution of eelgrass throughout the Harbor. Both eelgrass extent and turion density are recorded. These data are reported in the biannual survey results. During the initial six year period in which this Plan is in effect, the City will conduct a minimum of three comprehensive eelgrass surveys of the Plan Area. The first and third of these surveys will also cover the area outside of the Plan Area within the entire Newport Harbor. The first survey will begin no later than one year after the issuance of all permits authorizing the use of the Plan. 5 Elements of the Plan Eelgrass vegetation was mapped using a Global Position System (GPS) and a team of biologists consisting of a diver and a surface support biologist in a kayak. To assist in the mapping process, an Ocean Technology Systems (OTS) surface -to -diver communications system was employed. Eelgrass depth ranges were recorded during this phase of the field operations. A Thales Mobile Mapper Wide- Area Augmentation System (WAAS) GPS/GIS Unit was employed to map eelgrass beds and small eelgrass patches. The estimated GPS error of the Thales Mobile Mapper unit, with post -processing differential correction is less than 1 meter with clear open skies; however, in some instances, the error was higher because the team was working near bulkheads, underneath piers, and between docks where a clear view of the sky was not always possible. In these instances, the error was estimated to be 1 to 3 meters. The biologist -diver first located the beginning of an eelgrass bed and marked it with a yellow buoy. The surface support biologist working from a kayak then initiated tracking of the biologist diver with the GPS as the diver swam the perimeter of the individual eelgrass bed. Once the diver returned to the beginning point, the GPS polygon area mapping was terminated. Eelgrass patches that were too small to survey or located in difficult areas to obtain a GPS signal (i.e., behind docks/under piers) were referenced as a GPS "point" and a size of the eelgrass patch was estimated by the diver. In order to assess eelgrass turion density, thirty (30) eelgrass turion counts were made at each of 15 stations throughout the study area by SCUBA -diving biologists that counted the number of live, green shoots at the sediment/shoot interface within replicated 0.07 square meter (sq m) quadrats. These counts were conducted along an underwater transect between the shallow -and -deep edges of eelgrass at each sampling site. Prior to conducting the survey, the team standardized their counting methods to ensure the accuracy of counts between different team members. The survey data will be important in assessing the long-term trends in eelgrass within the Harbor as well as providing regional information to compare with other embayments in the southern California bight. Without the biannual survey, the agencies would not have information on the quantity of eelgrass in the Bay. Under site -by -site permitting, permitting agencies would not know if eelgrass trends were positive, stable, or trending towards significant loss. Natural variation in eelgrass abundance is large as has been seen in Morro Bay, but without knowing the trends occurring over time, it is hard to pinpoint the factors controlling its distribution or when specific problems may be arising to cause large scale declines. The survey data will provide the needed information to reduce maintenance dredging should declines in eelgrass abundance be observed. In addition, regional monitoring programs on subtidal habitats are desired, but hard to fund (SCCWRP 2010). The proposed biannual surveys funded by the City of Newport Beach will fill one critical gap for southern California estuaries. 0 Elements of the Plan Basis for City Responsibility for Surveys Since 2003, the City has been conducting routine surveys throughout the harbor on eelgrass distribution and density (Table 2). The data have been entered into a Geographic Information System (GIS) Database maintained by the City's Harbor Resources Division. This information is among the most detailed long-term data set on eelgrass distribution available in Southern California. For portions of the northwestern harbor (e.g., Newport Channel west of Bay Island and portions of Lido Isle), no eelgrass has been found during any of the surveys, whereas in other areas, it thrives from year to year. The distribution of eelgrass in the Lower Newport Bay is related primarily to light availability and tidal flushing times. Those areas with the most rapid tidal flushing times and best light availability are most likely to be colonized by eelgrass. Based on the detailed studies completed by the City's consultant, Coastal Resources Management (CRM), there are three eelgrass zones within the Lower Bay (Figure 2). • Stable Eelgrass Zone — A zone where eelgrass distribution appears relatively stable from year to year. This zone is located primarily within the Lower Bay and includes the channel entrance, the southern and eastern portions of Balboa Island and Grand Canal, Corona del Mar, and lower Balboa Peninsula. This zone is also characterized by a tidal flushing time of less than 6 days, which contributes to the higher water clarity. • A Transitional Eelgrass Zone — A zone where eelgrass is susceptible to year-to-year variation in extent and density. This zone is largely found in the central part of the Lower Bay in areas such as Harbor Island, Linda Isle, the northern and western portions of Balboa Island, and the northern side of the Lido Channel. This zone is characterized by a tidal flushing time of 7 to 14 days and is located in a zone that is influenced by turbidity from San Diego Creek discharge during winter months. • An Unvegetated Zone— A zone where eelgrass has not been found or is rarely found. This zone is primarily within the western portion of the Lower Bay and also areas of the Upper Bay north of Castaways Park. These areas are characterized by a tidal flushing time of greater than 14 days. The survey data provides a depiction of the eelgrass dynamics in the Lower Bay and, because of their detail, can be used as a substitute for the current site-specific survey requirements contained in the CEMP. The City will conduct these surveys once every 2 years. 7 W O �/.l � PnawOa pro x�di�6 /14 6o ti� ��~ �d t u �• m 0g 0 � do ee f SAblina o%�,�o� O \o ` fid ~ / O ahZ SIA Vo•op ti 5 �� 4 �� r �• a J s C o X19 r pp ' i O ony sua�egy t'+ eJ F tS / v,cup p htboc°o 'ud 1 a' ts�, 1 0 p a_ lS3 S ewy Aq"u m -ot � *b +S +S W o �� f � c S •y r /bd a i r J Q w of � � en e,° uoJrl A Isyl!) E+O Pn\e F' , all/9?I •.,� ts4ty ' 4 m 1 oir l0 4!6 nb PN otelJd c it n` 4p� / Q �MOj/'Yb Ju Y •t� � %a �j� l /�.� T 4 n Q E / c �� BJp�pJIJ/` � tS yJ�i / e4e VO + t N µO` vpn IS Ir1N1 o Q,� CL r vee it Z41 t9 i olJodp c $r U fi d N S S $ y9p A @ A Im Table 2. City -Sponsored Shallow Water Eelgrass Surveys in Newport Harbor NO Beach P -- Beach \—-- -_ Legend Eelgrass Zones N - StAlo Eolgrass Zono Transitional Eelgrass Zone 9 69a i 20a Feet _ Umegetated Eelgross Zone Figure 2. Location of Stable, Transitional, and unvegetated eelgrass zones based on CRM (2010). I Eelgrass in the Plan Area Survey Dates (Acres) Notes December Largest shallow water eelgrass population recorded in the 2003 to August 24.51 harbor to date. Water quality conditions ideal with low 2004 winter rainfall. December ece b 18.87 Decline in eelgrass area, primarily around north Balboa October 2007 Island, Harbor Island, Linda Isle, and Upper Newport Bay. December 2009 to Decline in transitional zones attributed to strong winter November 16.20 storms, which contributed to high turbidity. 2010 March 2012 to Overall increase in eelgrass observed in Stable and April 2014 22'76 Transitional Zones and additional survey conducted in the deep channel NO Beach P -- Beach \—-- -_ Legend Eelgrass Zones N - StAlo Eolgrass Zono Transitional Eelgrass Zone 9 69a i 20a Feet _ Umegetated Eelgross Zone Figure 2. Location of Stable, Transitional, and unvegetated eelgrass zones based on CRM (2010). I TIER LEVELS BASED ON EELGRASS SURVEYS The Tier level concept is an ecosystem -based approach designed to take advantage of years of data, research, and knowledge on eelgrass in Newport Bay. The Tier levels will allow for greater impacts to occur when eelgrass is most abundant and environmental conditions are favorable for its recovery into temporarily disturbed areas. As eelgrass abundance decreases due to natural variation, more active restoration actions are implemented with the goal of accelerating the recovery of eelgrass. Combined with the eelgrass populations in other areas of the harbor, the limitations on eelgrass impacts under the Plan would allow for eelgrass to persist throughout Newport Bay, while accommodating maintenance needs arising from the Bay's other recognized beneficial uses such as navigation and recreation. BMPs that will promote eelgrass growth and establishment will minimize potentially deleterious consequences of maintenance projects via avoidance measures, and in the event the eelgrass declines below specific population levels, will promote the continued proliferation of eelgrass through seeding and other measures. Maintenance dredging within the Stable and Transitional Zones of the Plan Area will be limited to a maximum of 8 acres per year'. On an ecosystem -basis, the total of 8 acres of dredging within the areas occupied by eelgrass on an annual basis represents a small percentage of the total harbor area. The Plan Area covers approximately 240 acres and the Stable and Transitional Zones where eelgrass occurs is approximately 170 acres. Within the 170 acres, the total acreage of eelgrass is 20.5 acres or approximately 12%. Therefore, in most instances, the dredging activity will have limited direct impacts on eelgrass, and some projects will have no direct impact on eelgrass. The maximum of 8 acres of dredging in the Stable and Transitional Zones represents only 3% of the Plan Area and provides for sufficient areas available for the spread of the eelgrass. The Plan establishes Tier levels that determine the BMPs that will be implemented. The Tiers were established using the 2003-2014 survey data and assumed that the observations obtained can be described using a normal distribution. Tier 1 was determined by the acreage that represented the upper 40% of observations, Tier 2 by the middle 20% of observations, and Tier 3 by the lower 40% of observations. Tier levels are set independently for each of the eelgrass zones. Tier 1 applies when the Stable Zone above 17.2 acres and the Transitional Zone is above 4.5 acres. Up to 5% of the eelgrass population may be temporarily impacted in the Stable zone 6 There is no limit established for dredging within the unvegetated zone except for those established under the Regional General Permit and/or any applicable Individual Permit authorization for activities not covered under the RGP. 10 (=0.84 acres') and Transitional zone (=0.19 acres) using the baseline survey data. However, the total limit on annual eelgrass impacts cannot exceed 1% of the harbor wide survey (=0.88 acres). Tier 2 applies if the shallow water eelgrass population, based on the most recent survey in the Plan Area, drops below 17.2 acres, but remains at or above 16.3 acres in the Stable Zone or at or above 3.1 acres in the Transitional Zone. In Tier 2, allowable temporary impacts to eelgrass will be set at 3 % of the average eelgrass present in each zone. Using the mean of the 2003 to 2014 survey data, the allowable impacts in the Stable Zone are 0.5 acres and 0.11 acres within the Transitional Zone. Tier 3 applies if the shallow water eelgrass population drops below the Tier -2 levels. During Tier 3, maintenance dredging resulting in any temporary impacts to eelgrass will require the applicant to mitigate pursuant to the CEMP, including retaining responsibility to meet the performance criteria after 5 years of monitoring. Five years of monitoring and reporting would be completed by the applicant independent of the City's biannual monitoring, and reporting by the applicant to the agencies on an annual basis for the five year duration of the required monitoring period. Consistent with the CEMP, if the mitigation success is not met after five years, the applicant (not the City) would be responsible for providing additional mitigation to meet the success criteria. Based on the most recent survey (Appendix B) and the Tier levels established under this Plan, the Tier level starting in August 2015 for the Stable Zone is Tier 1 (19.3 acres in Stable Zone Plan area exceeds 17.2 acres) and for the Transitional Zone is Tier 2 (3.45 acres in Transitional Zone Plan area is within the range of < 4.5 to z 3.1 acres). In the future, the Tier levels and associated allowable impacts may be updated with subsequent survey information, but any change is subject to review and approval by the City and the permitting agencies based on data and information collected in Newport Bay. If additional impacts to eelgrass are proposed within the Plan Area, after the annual limit imposed at the specific tier level is reached, mitigation would be provided by the project proponent independent of this Plan and consistent with the CEMP. Basis for Tier Level Approach for each Zone The areas with stable eelgrass populations are influenced by ocean water as they are subject to the higher flushing rates in the portion of the Harbor nearest the inlet channel (Figure 3). As a result, they are less affected by turbidity reduction from inflow of the San Diego Creek into the Upper Bay. There has been little to no dredging for private docks within eelgrass 7 The allowable impacts in each Zone of the Plan Area has been determined by multiplying the mean of the eelgrass abundance determined from four surveys conducted between 2003 to 2014 by the appropriate percentage under the applicable Tier. 11 areas during the period covered by the surveys; so, it is expected these numbers represent the baseline conditions.' In the Stable Zone, the amount of eelgrass averaged approximately 16.8 acres for the Plan Area in the four survey periods with a 95% confidence limit of 1.9 acres. l luslting time scale (days) �a za 21, ]0 la tE ie 1_ tfi fl 6 a 0 Figure 3. Tidal flushing in days for the Lower and Upper Newport Bay area. Everest Consulting (from CRM 2005). The Transitional Zone is strongly influenced by reductions in light penetration and perhaps lowered salinities during normal to above normal rainfall years.9 The significant decline observed from 2003 to 2010 is likely the result of higher rainfall years during the sampling events. Eelgrass in some areas within the Transitional Zone has disappeared during years of high runoff and low light penetration. This is particularly true when strong winter storms in 2009 to 2010 contributed to high turbidity throughout the Harbor. The cooler water temperatures observed in the summer of 2010 may have also stalled recovery by slowing growth (R. Ware, pers. comm.). During the most recent survey, rainfall was lower and therefore turbidity was reduced. For the Transitional Zones, the average within the Plan 8 According to the dredging permit activity log maintained by the City, minimal to no dredging of eelgrass has occurred during this analysis period due to the difficulty and cost of completing mitigation associated with eelgrass impacts. So, it is assumed the eelgrass population as measured represents a natural variation from periods of high growth (2003 to 2004 data) and lower growth due to higher turbidity (most recent data). 9 CRM has found that very small differences in mean light intensity can affect whether eelgrass will establish and grow at specific locations (CRM 2010). Based on light measurements taken in 2008 to 2009, CRM observed the mean light intensity in eelgrass occupied areas was 354 pmol M-2 s1 compared to 294 pmol M-2 s1, and that generally light energy in eelgrass beds was greater by approximately 100-200 pmol M-2 s-1. 12 Area was 3.8 acres with 95% confidence limits of the mean at ± 2.6 acres. The variation observed over the four sampling periods is larger than that seen in the Stable Zones. The inter -annual variation in the transitional areas contributes to most of the variation of shallow water eelgrass as this area is most influenced by variation on turbidity associated with outflows from San Diego Creek and Upper Newport Bay (CRM 2010). Primary emphasis on sustaining eelgrass populations in the Harbor should be placed on maintenance of acreage within the Stable Zone (from which seeds are likely produced to re-establish eelgrass in transitional zones). In addition to restrictions on the amount of dredging that could occur within the Stable and Transitional Zones each year, the location of those impacts would be restricted. Because dredging requires substantial pre -project planning and the cost of dredging for small projects is high, adjoining landowners may wish to combine their efforts and conduct dredging over several properties. This may have an impact on the local population of eelgrass; therefore, it is proposed that no contiguous properties will impact more than 25% of the allowable annual eelgrass impacts under the Tier currently in effect for that Zone. Because there are some areas of the bay, such as Carnation Cove and portions of Balboa Island and Channel, where this restriction may present an economic hardship, especially as the eelgrass population increases, should any eelgrass impacts exceed these restrictions, written approval from NMFS and Coastal Commission would be obtained to exceed these levels. Maintaining the eelgrass population at various Tiers With a healthy eelgrass population, there will be ample seeds available in this well -mixed tidal system that most viable areas will be supplied with seeds naturally, such that seeding would be unnecessary. When eelgrass is in Tier 1, the dock owner has no mitigation responsibilities but the City institutes eelgrass seeding and planting activities proportional to the amount of routine maintenance dredging undertaken by dock owners and pursues an educational program to increase the understanding of the ecological importance of eelgrass and encourage practices that contribute to eelgrass health. The City will begin an education program to assist property owners in coming to view eelgrass as a valuable ecological resource rather than a nuisance weed that impedes navigation and recreation. If the shallow water eelgrass population in the Plan Area is within the Tier -2 level, the allowable impacts to eelgrass would decrease to 3% of the population within each Zone. In addition, the City will require those property owners who undertake maintenance dredging in the Stable or the Transition Zones to implement active regrowth efforts at the impact site by deploying seed bags or by using TERFS off their docks in the areas of suitable depth within their lot(s). 13 If the population falls within the Tier -3 level, any temporary impacts to eelgrass would need to be mitigated pursuant to the CEMP. If population within the Plan Area remains in Tier 3 for two consecutive survey periods, the City will evaluate, in conjunction with the permitting agencies, the field data to determine if the cause is related to natural events such as consecutive heavy rainfall years. If no natural causes for this decline can be determined, the City will consider options to increase eelgrass habitat within the Harbor in consultation with the agencies. BEST MANAGEMENT PRACTICES The City will require the use of BMPs as part of the review process when owners propose maintenance dredging within the Plan Area appropriate to the tier level. Approvals determined by the City will be conditioned on individual property owner's compliance with the BMPs. The type of dredging equipment would be determined by the contractor(s) on a per project basis; this flexibility is necessary given the variety to potential project locations, placement sites, and volumes. Dredging would be conducted on a performance-based requirement (e.g. dredge footprint and depths) that the contractor is required to follow, which would be confirmed through pre -and post -dredge surveys. Regardless of the method of dredging employed by the project, the contractor will be required to comply with the terms and conditions of the RGP 54. Basis for the BMPs The purpose of the BMPs is to avoid and minimize the temporary impacts to eelgrass to the extent practicable and, where possible, to implement measures to promote eelgrass establishment. The overall plan provides incentives to property owners and the City to promote eelgrass establishment, as it will reduce costs and time associated with the current permitting and mitigation requirements. The BMPs allow the City and the property owners to address maintenance needs while promoting eelgrass stewardship. Depending on site-specific conditions, the BMPs would include the following: • When Shallow Water Eelgrass in the Plan Area is in Tier 1: Avoidance Where Practicable — The City will review proposed maintenance dredging projects to ensure avoidance of existing eelgrass beds is maximized to the extent practicable. Avoidance measures may include reducing the proposed dredging area or shifting the dredging area. 14 City Restoration Actions -- When eelgrass is in Tier 1, the dock owner has no mitigation responsibilities but the City will institute eelgrass seeding and planting activities proportional to the amount of routine maintenance dredging undertaken by dock owners. Educate Property Owners — The City will develop a public education program on the importance of eelgrass beds and the reasons they should be protected, so boat owners and property owners view the establishment of eelgrass as a positive outcome. The program will likely consist of information on the City's web site and a fact sheet attached to permit application packages. • When Shallow Water Eelgrass in the Plan Area is in Tier 2: Promote Population Growth — After maintenance dredging is concluded for projects that impact eelgrass, the City will require the property owners to use either of the following means: ♦ Buoyed Deployed Seed Bags (BDSB) — These will be used to improve seeding adjacent to the disturbed area (Pickerell et al. 2006; Boyer et al. 2008). This method will allow for natural re -seeding of the temporarily disturbed areas and will likely be more successful than transplanting adult plants, because viable seed will be spread throughout the area and will germinate and survive in those areas best suited for eelgrass. It does not require significant expertise, intensive and expensive site - selection studies, or the use of divers, all of which are needed for transplanting. Seeds may be collected from the area prior to disturbance or from donor beds in the Stable Eelgrass Zone. ♦ TERFSTM — These are designed to allow for the stable transplanting of adult plants and will be deployed by the property owners if sufficient suitable area is available in the area surrounding the dredging activity. This would allow for re-establishment within its most suitable habitat area. TERFS will be deployed by the property owner who undertook the routine maintenance dredging. Over time and through biennial monitoring, the City will be able to determine those methods that are most effective. As part of the annual reporting commitment, the City will include an appendix that includes detailed images of areas that were previously dredged under the proposed RGP 54, which would allow the City and agencies to track the success and re -growth of eelgrass and the effectiveness of the best management practices (BMPs; such as buoyed deployed seed bags) applied during Tier 2. It is expected that BMPs will 15 evolve or additional ones will be adopted over time, as the City continues its efforts to acquire more information about the ecology, light requirements, and seedling survival rates of eelgrass. If the shallow water eelgrass population in the Plan Area is within the Tier -3 category for two survey periods, the City will undertake a rigorous adaptive management program. The City will examine the field data collected in conjunction with its survey program to determine if the decline is the result of natural causes, e.g. consecutive years of high runoff, or is caused by anthropogenic causes. The City will also work with the regulatory and resource agencies to consider more transplanting or seeding methods or creation of suitable areas for eelgrass colonization. The permitting agencies will meet to discuss possible causes for the decline, determine actions that should be taken, and if necessary, reduce or cease maintenance dredging authorization under their permitting authorities until eelgrass recovery occurs. PROGRAM TO PROMOTE EELGRASS GROWTH AND ESTABLISHMENT The City will test eelgrass propagation methods in order to ensure eelgrass is maintained through the use and development of restoration techniques, such as BDSBs (Pickerell eta]. 2006) and TERFSTM (Short and Coles 2001). The City is committed to minimizing temporary impacts to eelgrass by individual property owners through BMPs in the Plan Area. The City has undertaken an extensive monitoring program within the Harbor to assess light levels, salinity, and temperature throughout the year. It is expected these data can be useful not only in explaining inter -annual differences in eelgrass populations but to also determine areas most feasible for methods that can best promote eelgrass growth. The City will promote expanding eelgrass habitat within the Bay through the use of the following techniques: Use BDSBs to disperse seeds into Transitional Eelgrass Zone areas when population levels decline to promote more rapid recovery of eelgrass (Pickerell et al. 2006). BDSBs are mesh bags that contain inflorescences (with ripened seeds) that are deployed over the area where eelgrass has a potential to grow but has been eliminated by some natural cause such as seasonally low light levels caused by storm events. This method could also be used to improve eelgrass regeneration in areas temporally impacted by dredging that have suitable conditions for eelgrass growth. In San Francisco Bay, BDSBs have been found to also increase genetic diversity over transplant techniques (Boyer et al. 2008). 16 • Use TERFS to establish eelgrass in areas of high wave action but with suitable light and substrate conditions. The purpose would be to test the ability of TERFS to provide stable structures for the initial establishment of eelgrass in more wave -prone areas. It is expected that these programs will be undertaken in Stable and Transitional Zones to determine their effectiveness. IlVITIAL PROGRAM ACTIONS The City will undertake several program actions once the Plan is approved by the permitting agencies. While eelgrass does re-establish itself rapidly in areas subject to temporary disturbance, some initial temporal losses may occur during the initial period of plan implementation. These measures will have the effect of promoting eelgrass growth in the Newport Harbor immediately upon approval of the management plan by the agencies and are in addition to the measures to be implemented as part of the overall plan. The measures proposed include: An annual $10,000 contribution to the CoastKeeper or other appropriate non-profit organization over 3 years that will be directed toward a program to benefit eelgrass in Newport Bay10. In 2008, the Coastkeeper initiated a partnership with the Bay Back Science Center and the California Department of Fish and Game. It includes an educational program for life science and biology classes and provides teachers with training and classroom materials on eelgrass protection. The program includes an eelgrass cultivation and research program that is directed toward answering critical questions on the future conservation, management, and restoration of eelgrass in Newport Bay. Experimental tanks have been installed to test hypotheses on how best to establish eelgrass in the Upper Bay. The donation will be used to support these programs and to encourage the experimental transplantation of eelgrass in Newport Bay. The City will promote the use of dock designs that may improve light intensity below and adjacent to docks. While the City is not in a position to require that dock owners retrofit dock and piers, they can provide information to dock owners who are seeking changes or modifications on methods that could be employed that would improve dock design, such as translucent or grated deck materials, light concentrators, or other materials that may be suitable for use in areas where eelgrass is present. The City will work with NMFS and the California Department of Fish 10 The City has already made its first contribution to the Coastkeeper to test various planting methods in the Upper Newport Bay. 17 and Wildlife to identify those materials or modifications that have been proven effective and do not compromise safety and structural strength. REPORTING AND ADAPTIVE MANAGEMENT The City will prepare annual reports, due by July 1 (starting in 2016) of each year, on the activities undertaken to implement and manage the Plan. The report will document individual maintenance dredging projects that have been approved to use the Plan and the amount of eelgrass that has been impacted during that year. The report will include: (a) estimates of the time required for eelgrass recovery with and without on-site restoration activities, (b) estimates of the total temporal loss of eelgrass due to dredging (acres and acre - years), (c) estimates of the total area of off-site eelgrass restoration accomplished, and (d) the net mitigation accomplished. The report will be submitted to the National Marine Fisheries Service, the Corps of Engineers, the Santa Ana Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the California Coastal Commission. Restoration undertaken by the City and Orange County Coastkeeper (with funding from the City) under Tier 1 and Tier 2, and restoration undertaken by dock owners under Tier 2, will be documented and reported annually, including time and duration of restoration activities and types of activities undertaken. If Orange County Coastkeeper restoration activities are funded through sources in addition to the City, annual reporting will document these additional funds and sources and include an estimate of the proportion of total restoration that can be attributed entirely to funding provided by the City. The annual reports will also evaluate the success of the restoration in terms of eelgrass bed size, cover, and turion density. As new information is made available on eelgrass distribution and ecology in the Plan Area, the City will, in concert with agency review and input, may propose revisions to the Plan and the Tier levels. In addition, new technology related to eelgrass ecology will also be incorporated into possible revisions. The resource and permitting agencies will review any new proposals and will provide consent to implement changes. Given the investment made by the City and the commitments to prospective individuals wishing to dredge, the Plan will remain in effect for 6 years and may be revised by the City in consultation with the agencies. The final report for the six-year trial period of the Regional General Permit 54 program and Eelgrass Protection and Mitigation Plan shall assess the net effect of dredging and restoration activities on the presence of eelgrass within the Plan Area in the context of natural trends. The agencies may seek modifications to the Plan following review of the biennial eelgrass survey data or should there be a precipitous drop in the eelgrass populations in the Bay. Should eelgrass populations fall precipitously or remain at Tier 3 for two sampling periods, the City and the agencies will meet to review actions needed to preserve and protect eelgrass in the lower Bay. The City and the agencies will 18 work together to resolve implementation issues that were unforeseen when the Plan was developed. However, any proposed changes to the approved final plan shall be reported to the Executive Director of the Coastal Commission. No changes to the approved final plan shall occur without a Commission amendment to the Coastal Development Permit and a new consistency certification unless the Executive Director determines that no amendment and consistency certification is legally required. As part of its reporting, the City will designate reference sites to be used for long term assessment of the eelgrass variation over time. The reference sites will be located within the Stable and Transitional Zones and will designated by the City in the first annual report. The City will provide the basis for its selection of these sites and report on the trends observed in these sites since 2003 to demonstrate that they reflect Harbor wide trends. For example, reference sites could be based the four `clusters' of eelgrass distributions present within the Harbor (2 within the Stable Zone and 2 within the Transitional Zone) (see Figure 19 of CRM 2014). Four areas of approximately 300 ft long by 100 feet wide will be designated within the selected regions in which eelgrass populations will be tracked over time. Should a maintenance dredging activity occur within any of the selected reference areas, an alternate area will be selected. The eelgrass distribution within these reference sites will then be plotted over time to determine long-term trends and compared to Harbor wide trends in which dredging activities have occurred. Harbor wide trends will be considered similar to reference sites as long as the Harbor wide trends are no worse than the lowest performing reference site. Should there be a decline in overall eelgrass abundance at the end of six years in the Plan Area, the City, the California Coastal Commission, the California Department of Fish and Wildlife, and the National Marine Fisheries Service will evaluate the causes of such decline and use that information collected at reference sites and other information to revise the Plan going forward for subsequent authorization by the agencies, however, there will not be any requirement placed on the City to retroactively mitigate for any adverse conditions occurring to eelgrass during the initial six years of the Plan. OTHER CONDITIONS APPLICABLE TO THIS PLAN 1. If invasive algae (Caulerpa taxifolia) are found within the Plan Area, the City and anyone with a legal right to dredge or dispose of dredged material shall immediately (within 5 days) report it to the Executive Director of the Coastal Commission, the National Marine Fisheries Service, and the Surveillance Subcommittee of the Southern California Caulerpa Action Team. The City and anyone with a legal right to dredge or dispose of dredged material shall not proceed with any dredging or disposal of dredged material in the Plan Area until the City has provided evidence to the Executive Director that all Caulerpa taxifolia discovered within the Plan Area has been eliminated in a manner 19 that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act. 2. The demolition, repair and in-kind replacement of docks (including piers, gangways, floats, and piles), bulkheads, and piles with similar structures is excluded from the current approved Regional General Permit 54 program. These activities shall require a separate coastal development permit from the California Coastal Commission. 3. Eelgrass impacts as a result of beach replenishment or disposal of dredged material in front of an existing bulkhead are not covered under this Plan. If an unexpected impact to eelgrass occurs during disposal of dredged material, such impact shall be documented and reported to the Coastal Commission in the same manner that dredging impacts on eelgrass are documented and reported. If an impact was detected (as defined above), the report will include a summary of how the California Eelgrass Mitigation Policy will be complied with. Implementation of mitigation shall require a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. The following implementation measures shall be applied: i. If eelgrass was present within 15 feet (in any direction) of a potential dredged material disposal site (in any direction) at the time of the most recent comprehensive eelgrass survey, that site shall be assumed to support eelgrass and cannot be used as a disposal site; ii. If eelgrass was present between 15-30 feet from a potential dredged material disposal site (in any direction) at the time of the more recent comprehensive eelgrass survey, then monitoring of the site for potential eelgrass impacts from disposal operations shall be required. Monitoring shall consist of pre- and post dredging transects placed perpendicular to the shoreline and spaced five feet apart which map the eelgrass bed. Enough transects shall be used to extend the length of the dredging footprint. Along each transect, the extent of eelgrass shall be measured. Any decrease in eelgrass extent along any transect (pre -dredging vs. post -dredging) will constitute an impact. The pre -dredging transects shall be conducted no sooner than 60 days prior to the start of dredging and the post dredging transects shall be conducted no later than 30 days following the completion of dredging. Should the monitoring identify an impact to a mapped eelgrass bed as a result of beach replenishment disposal of dredged material in front of an existing bulkhead, then mitigation consistent with the provisions of the California Eelgrass Mitigation Policy shall apply. An eelgrass monitoring report shall be submitted to the Army Corps of Engineers, National Marine Fisheries Service, and California Coastal Commission no later than 90 days following completion of disposal of dredged material on a beach or in front of an existing bulkhead(s). 20 ACKNOWLEDGEMENTS This Plan was prepared by WRA, Inc., for the City's Harbor Resources Division. Dr. Michael Josselyn of WRA, Inc. was the primary preparer of the Plan. Larry Paul of Larry Paul and Associates, Don Schmitz, of Schmitz and Associates, Inc., Adam Gale of Anchor QEA, LLC, City of Newport Beach Harbor Commissioner Doug West and City of Newport Beach Harbor Resources Manager Chris Miller participated in the revisions of the Plan. Rick Ware of Coastal Resources Management, Inc, provided technical support for this Plan. The participation of the National Marine Fisheries Service during the review and revision of the Plan, especially that of Bryant Chesney, is greatly appreciated. REFERENCES Boyer, K.E., Wyllie-Echeverria, S., Cohen, S., and Ort, B. 2008. Evaluating buoy -deployed seeding for restoration of eelgrass (Zostera marina) in San Francisco Bay. Final Report. . California Ocean Protection Council. 2006. "A Vision for Our Ocean and Coast. Five Year Strategic Plan." COPC, Sacramento, CA. City of Newport Beach. 2010. Harbor Area Management Plan. Prepared for: Harbor Resources Division, City of Newport Beach. p. 99. Coastal Resources Management (CRM). 2005. "Distribution and Abundance of Eelgrass in 2003-2004." Coastal Resources Management (CRM). 2008. "Distribution and Abundance of Eelgrass in 2006-2007." Coastal Resources Management (CRM). 2010. Results of the Second Newport Bay Eelgrass (Zostera marina) bay -wide habitat mapping survey: Status and Distribution between 2006 and 2008 and Oceanographic Conditions in Newport Bay Between 2008 and 2009. Prepared for the City of Newport Beach Harbor Resources Division. 126 pp. Coastal Resources Management (CRM). 2014. Results of the Fourth Newport Bay Eelgrass (Zostera marina) Bay -wide Habitat Mapping Survey: Status and Distribution between 2012-2014. Prepared for the City of Newport Beach Harbor Resources Division. 63 PP. 21 Council on Environmental Quality (CEQ). 2010. Final Recommendations of the Interagency Ocean Policy Task Force. July 19, 2010. Pickerell, C., Schott, S., and Wyllie-Echeverria, S. (2006). "Buoy -deployed seeding: A new low-cost technique for restoration of submerged aquatic vegetation from seed." SAV Technical Notes Collection (ERDC/TN SAV -06-2), U.S. Army Engineer Research and Development Center, Vicksburg, MS. httl2://el.erdc.usace.army.mil/sav/­index.html Sabol, B. Shafer, and Lord, E. 2005. Dredging effects on eelgrass (Zostera marina) distribution in a New England small boat harbor. US Army Corps of Engineers, Engineer Research and Development Center, Environmental Laboratory. Technical Report ERDC/EL TR -05-8 31pp. Short, F.T. and R.G. Coles (eds.). 2001. "Global Seagrass Research Methods." Elsevier Science, Amsterdam. Page 473. Southern California Coastal Water Research Program and Merkel Associates. 2010. Recommendations for a Southern California Regional Eelgrass Monitoring Program. Submitted to the National Marine Fisheries Service. 44pp. 22 APPENDIX A MAPBOOK SHOWING PROJECT AREA COVERED BY PLAN This Page Left Intentionally Blank Legend Project Area Boundary L Newport Beach Harbor Eelgrass Survey - Index N WE S City of Newport Beach o 1,200 2,400 Orange County, California Feet Date: 3 Map Byy::CChdshris Zumwalt, WRA, Inc. Path: L:\Acad 2000 Files\17000\17169\gis\ArcMap\Eelgrass Mapbook Index. mxd Legend Project Area Boundary �,� ays:� =tom_ - t �^' � , •r Je- 4 Newport Beach Harbor Eelgrass Survey - Page 1 City of Newport Beach Orange County, California Path: L:\Acad 2000 Files\17000\17169\gis\ArcMap\Eelgrass Mapbook.mxd N T S t1-lvo'AlV 0 300 600 Feet Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. Legend Project Area Boundary 4�k Z !1-4 AW,�Z� x q, 7 A' <Z Y Newport Beach Harbor Eelgrass Survey - Page 2 N W E S City of Newport Beach 0 300 600 Orange County, CaliforniaFeet Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. Path: L:\Acad 2000 Files\17000\17169\_qis\NcMap\Eelqrass Mapbook.mxd Legend Project Area Boundary ., • a wt �� C,>�3 7L f r "tom p 1 y�i L 1 Newport Beach Harbor Eelgrass Survey - Page 3 " City of Newport Beach Orange County, California Path: UAcad 2000 Files\17000\17169\gis\ArcMap\Eelgrass Mt W + E S 0 300 600 Feet Dale: May 2013 Map By: Chris Z Fa � mwalt, WRA, Inc. qx r iN G "WOO a ^fix 7L f r "tom p 1 y�i L 1 Newport Beach Harbor Eelgrass Survey - Page 3 " City of Newport Beach Orange County, California Path: UAcad 2000 Files\17000\17169\gis\ArcMap\Eelgrass Mt W + E S 0 300 600 Feet Dale: May 2013 Map By: Chris Z Fa � mwalt, WRA, Inc. Legend Project Area Boundary V r ''A i f tip S h f ry� gam+, A "Y77 IMF A. .p, � r K�` 'tie' f�� �/ f� gg� •�`�:�a'v� sp�� ��� � a ' ��. �� �Sg,A 95;"+. `• a {t~I� ;?� '2'.i P� �F 5 a' iP �T -S�`- t ��.' 1. • t trj`f 41c t•, rye r ? �f - v' �": n v`: k AI t b; fat x`+� ; A4 ���Nyle'''-: ,x —49 is S: 1 N . tea`^a �t b �t • 2 �.. er h, t' Newport Beach Harbor Eelgrass Survey - Page 4 N ,," r � WE S City of Newport Beach 0 300 600 Orange County, CaliforniaFeet Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. rain: L:Wcacl ZUUU riles\l tuuu\l / 1 wgisWrcMap\tel grass MapbbbK.mxd Legend Project Area Boundaryo !yam' ` 3 ry l�. ��.+� -T �• n � 4v, - Y4 1 M+rj`1.- � w ,� r �` + g i �'���F'c,` ` � ^�,v �:.{. e�ea:..._ .' �. �t ..:a q ��:'+•7 �� � `w r\'y',��t t � ^ ��i [ s 4rQ`+ y % ti .\ :i r 9•i- It x41 / •z x�' . �' tVV J t �fVIW Newport Beach Harbor Eelgrass Survey - Page 6 City of Newport Beach Orange County, California Mapbook.mxd Lt N � � W llvfvf// ;J S �. `.. 0 300 600 Feet Date: May 2013 Map By: Chris Zumwalt, WR4, Inc. Legend t' Project Area Boundary Newport Beach Harbor Eelgrass Survey - Page 7 City of Newport Beach Orange County, California Path: LAAcad 2000 FIIes\l 7000\1 7169\gis\AfcMap\EeIgrass ME 0 N W +E s 300 600 Feet Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. 4L 110 Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. Legend - Project Area Boundary /moi` � �` ��t✓� ). "•, ON Newport Beach Harbor Eelgrass Survey - Page 8 City of Newport Beach Orange County, California Path: L:\Acad 2000 Files\17000\17169\ais\ArcMan\Eelarass W N O� W E J a > S Cif /FURN,` 0 300 600 Feet Date: May 2013 Map By: Chris Zumwalt, WRA, Inc. Legend Project Area Boundary 41. !fit +y++t 2 � T Newport Beach Harbor Eelgrass Survey - Page 9 City of Newport Beach Orange County, California the LAAcad 2000 Files\17000\17169\gisWrcMap\Eelgrass M; N W+E 1115 0 300 600 Feet Date: May 2013 Map By: Chris Z WRA, Inc. Project Area Boundary4 V .' / / / ✓ � ✓ /� ;�y ���. a \'+A I✓ Gym Y ti fir. i.'? -x« C, , e k_,%`w� : �: z.�i�:d,.�'���Ilb�i�.... � h•a.::1�' �'���'��'<. �_ _r :x.. 0 This Page Left Intentionally Blank APPENDIX B EELGRASS SURVEY DATA FOR PLAN AREA SUMMARY OF SURVEY DATA FROM 2003 TO 2014 FOR THE PLAN AREA DATA FROM COASTAL MARINE RESOURCES SHALLOW WATER EELGRASS WITHIN PLAN AREA 2003-2004 2006-2007 2009-2010 2012-2014 MEAN (acres) STANDARD DEVIATION STABLE ZONE Balboa Island/Collins Isle 4.16 3.43 2.40 3.34 3.33 0.72 Bay Island 0.11 0.05 0.04 0.27 0.12 0.11 Corona del Mar (Bayside) 8.36 8.13 8.49 9.90 8.72 0.80 East Balboa Peninsula 1.58 1.52 1.38 2.22 1.67 0.37 Grand Canal 0.9 1.14 0.62 1.06 0.93 0.23 Linda Isle Inner 0.05 0.51 0.30 0.98 0.46 0.39 Yacht Club/Basins 1.68 1.42 1.53 1.53 1.54 0.11 STABLEZONE WITHIN PLAN AREA 16.84 16.20 14.76 19.30 16.78 1.90 TRANSITIONAL ZONE Balboa Island/Collins Isle 1.88 0.94 0.58 1.13 1.13 0.55 Bay Island 0.01 0.00 0.00 0.02 0.01 0.01 Bayshores 0.74 0.65 0.00 0.15 0.39 0.36 Castaways 0.00 0.00 0.00 0.01 0.00 0.00 Dover Shores 0.00 0.00 0.00 0.01 0.00 0.00 Dunes Marina 0.00 0.00 0.00 0.00 0.00 0.00 Harbor Island 2.22 0.62 0.40 0.90 1.04 0.82 Lido Isle 0.02 0.00 0.00 0.02 0.01 0.01 Inner DeAnza Peninsula 0.00 0.00 0.00 0.00 0.00 0.00 Linda Isle Inner 0.04 0.03 0.03 0.07 0.04 0.02 Linda Isle Outer 1.29 0.11 0.07 0.37 0.46 0.57 Mariner's Mile 0.23 0.07 0.07 0.31 0.17 0.12 North Balboa Channel and Yacht Basin 0.61 0.11 0.12 0.12 0.24 0.25 West Balboa Peninsula 0.03 0.03 0.01 0.10 0.04 0.04 Outer DeAnza Peninsula 0 0.00 0.00 0.00 0.00 0.00 Yacht Club/Basins 0.6 0.11 0.16 0.24 0.28 0.22 TRANSITIONAL ZONE IN PLAN AREA 7.67 2.67 1.44 3.45 3.81 2.70 TOTAL FOR PLAN AREA 24.51 18.87 16.20 22.76 20.58 3.75 EXHIBIT B Coastal Zone Boundary Adjustment Maps � m a oLL m c � _ W N N a N V ca J Q CL N 0 0 v a Q o 0 y d EL m m d 0 0 M Co / w y 0 0 U U ............. ........ •••••�••. \ 10 ZI V6) V •.,• �; aas. � 2 . $ z om u` U o� o OU C N Q C U R od a 0 d 0 a a�� �a as o Q o r a o CL s E V qr� o z wo O �O LL 0 0 y 0 0 m m o0 c c G N N N NN CO fl Co p w b I i na noHas kd�o- c 2 om U a s U `of p Flu �A CL - - 0 c k of Q J C 2 a 0 :? 0 a N y0 o0 ca d` m m a a LL N 0 0 „ 0 0 m m 0 c c a m ni 0 0 -0 N N 3 N ca "d 0O 0 O I � Q J j U ys yA i r � Y � � h W h ^ LL 9 • to, OV � �m U i `\ o �3� Q- SO / -d 1.. t6 \ 3 � U v., Q c L a v � a n 0 N \ c m m 0 o m ,• 0 0 m' M m o � N N �of m o o Q U o E � U U U -- N 111111 11111111111111111 ......111111......V O _ O O - _ Q a �cn so _ 00 U a a m C 3 Q N J a C � O o O 2 om v a 2 U v Z Z o R m $ 05 0 0 m m o m c c m c N N o .q m 8g V o co O O c 0 o o a a STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } " I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-99 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of November, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of November, 2015. City Clerk � Newport Beach, California (Seal) NEWp� U �