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HomeMy WebLinkAboutLC2007-001_Clup Update (PA2007-027)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 March 8, 2007 TO: PLANNING COMMISSION FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(&city. newport- beach. ca. us SUBJECT: LCP Amendment No. 2007 -001 CLUP Update (PA 2007 -027) ISSUE: Should the Coastal Land Use Plan be updated to reflect the location, type, densities, and intensities of land uses established by the new Land Use Element and to incorporate other new polices of General Plan? RECOMMENDATION: Adopt the attached resolution recommending City Council approval of LCP Amendment No. 2007 -001. DISCUSSION: Background: The Coastal Land Use Plan (CLUP) is the policy document of the City's Local Coastal Program. Pursuant to the California Coastal Act, the CLUP must include the relevant portion of the City's General Plan that is sufficiently detailed to indicate the kinds, location, and intensity of land uses and the applicable resource protection and development policies. Implementation Program 5.1 of the new General Plan calls for review and revision of the CLUP for consistency with the General Plan. On January 17, 2007, the General Plan /LCP Implementation Committee directed staff to proceed with the CLUP amendment with the goal of submittal to the Coastal Commission by April 27, 2007. CLUP Update March 8, 2007 Page 2 Analysis: The goals and policies of the General Plan were written in consideration of the CLUP and many of its policies were directly incorporated into the Land Use, Harbor and Bay, Natural Resources, Recreation, and Safety Elements. However, the Land Use Element has a different land use classification and densitylintensity system that needs to be incorporated into the CLUP. The General Plan update also resulted in a number of land use changes in the coastal zone, including opening new areas to residential and mixed -use development. Finally, the General Plan contains a number of development and resource protection policies that expand on those contained in the CLUP. Therefore, several narratives, policies, and maps of the CLUP will have to be updated to reflect these changes. Translating Land Use Classifications The Land Use Element depicts the general distribution of land uses through a set of tables, figures, and maps. For most land use categories, densities and intensities are not identified. Instead the reader is referred to Figure LU4 through Figure LU15 to identify the permitted density, floor area ratio, or cumulative development totals. More precise development limits (e.g., number of hotel rooms, theater seats, tennis courts, etc.) are identified on the Land Use Map by a symbol and refer to the Anomaly Locations Table (Table LU2). Rather than duplicate the Land Use Element's complex system of tables, figures, and maps in the CLUP, this information is summarized in a more conventional land use classification hierarchy. A similar approach was used to translate the lengthy narratives and allocation tables of the former Land Use Element when the CLUP was first adopted. The intent is to provide a land use classification system that is sufficient to meet the Coastal Act land use plan definition: "the relevant portion 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." This approach will avoid the need to amend the CLUP for relatively minor General Plan amendments, such as those required by Policy LU 4.2, which prohibits new residential subdivisions that would result in additional dwelling units. Section 2.1 (Land Use) was revised to replace the current CLUP land use categories with those of the Land Use Element. The names and designators of The City cannot approve a coastal development permit that is inconsistent with a General Plan. Therefore, the CLUP could not be used to approve a development that exceeds the density or intensity limits set forth in the Land Use Element, Furthermore, Policy 1.3 and Policy 2.1.1 -1 each state that "...in no case, shall the policies of the Coastal Land Use Plan be in erpreted to allow a development to exceed a development limit established by the General Plan or its implementing ordinances." These policies insure that the CLUP cannot be used to circumvent the development limits of the Land Use Element. CLUP Update March 8, 2007 Page 3 new CLUP land use categories are the same as those in the Land Use Element. However, these categories are divided into subcategories with residential density ranges identified in terms of the number of dwelling units per net acre and nonresidential intensity ranges identified in terms of floor area to land area ratios (FAR). For example, the General Commercial (CG) category is divided into CG -A (0.50 FAR) and CG -B (0.75 FAR) to reflect the FAR ranges permitted by the Land Use Element. Coastal Land Use Plan Map The Coastal Land Use Plan Map (Exhibit 3) was updated to include the new land classification hierarchy. This map provides a graphic representation of land use polices by depicting the land use category for each property in the coastal zone. In addition, detail maps (Exhibit 4) are provided to identify the districts and corridors described in Section 2.1. District/Corridor Policies The updated CLUP incorporates the district and corridor policies for West Newport, Mariners' Mile, the Balboa Peninsula, Balboa Island, the Newport Dunes, and the Balboa Bay Tennis Club in new Sections 2.1.2 through 2.1.8. These policies are relevant because they provide additional emphasis on visitor - serving, coastal- dependent, and other priority uses identified by the CLUP and the Coastal Act. In addition, the narratives place the land uses in the context of the overall vision for these areas. This information will support the case for the proposed land use changes, particularly those involving new residential and mixed - use development, when the LCP amendment is submitted to the Coastal Commission. District and corridor policies were also incorporated into Sections 2.3.1, 2.4.1, and 4.4.1. Newport Coast/Banning Ranch General Plan policies relating to Newport Coast were not incorporated into the updated CLUP. Newport Coast is governed by the previously certified and currently effective Newport Coast segment of the Orange County Local Coastal Program. The CLUP designates Banning Ranch as a deferred certification area due to issues relating to land use, the future of oil and gas operations, public access and the protection of coastal resources. Although these issues are addressed in the General Plan, their complexity could significantly prolong the review by Coastal CLUP Update March 8, 2007 Page 4 Commission staff and delay the update of the CLUP. Ultimately, Banning Ranch may be incorporated into the City's LCP as a separate segment. Nonconforming Structures Section 2.2.5 contains policies that outline current Zoning Code limits on the alteration of legally established non- conforming structures and uses. This section was updated to reflect the more generalized polices of the Land Use Element. Updates were also necessary in order to avoid conflict with Land Use Element policies that allow the rebuilding of nonconforming commercial buildings in Corona del Mar and Balboa Village. Harbor and Bay Element Policies The Harbor and Bay Element contains polices intended to preserve existing commercial uses in the Harbor, which are not addressed in the CLUP. These policies have been incorporated into Section 2.3 (Visitor- serving and Recreational Development). The Harbor and Bay Element also contains a policy that is intended to protect coastal- dependent uses. This policy was added as Policy 2.4.1 -3 in Section 2.4 (Coastal- dependentfrelated Development). Finally, the Harbor and Bay Element contains a policy calling for the creation of waterfront public spaces and beaches, with adjacent water access and docking facilities. This policy was added as Policy 3.1.1 -28 in Section 3.1.1 (Shoreline Access). Historic Resource Protection Policies As stated earlier, the many CLUP policies were directly incorporated into the General Plan. However, the Natural Resources Element contains some additional information and policies relating to the protection of historic resources that should be included in the updated CLUP. This information was incorporated into Section 4.5.2 (Historical Resources). Other Policies The General Plan contains numerous polices relating to neighborhood character and community aesthetics. While these policies are important to protecting and enhancing the overall quality of the City, they are not directly applicable to the CLUP and the Coastal Act. Therefore, they were not included in the updated CLUP. CLUP Update March 8, 2007 Page 5 Land Use Element Policy LU 2.7 prohibits the construction of new onshore oil processing, refining or transportation facilities. This policy was originally included in the original CLUP approved by the City. However, the Coastal Commission required its deletion on grounds that the City could not have an outright prohibition on activities permitted under the Coastal Act. Because the Coastal Commission is not likely to change their position, this policy was not included in the updated CLUP. Coastal Commission Issues The Coastal Commission will review the LCP amendment for conformity with Chapter 3 of the Coastal Act, which contains policies relating to development, public access, recreation, and resource protection. The land use changes involving a change from commercial to residential or mixed -use present the greatest potential for controversy. This is particularly true for those areas that were formally designated Recreation and Marine Commercial (CM) or Visitor Serving Commercial (CV). Both the CM and VC categories were intended to provide for the continuation of coastal- dependant, coastal- related, visitor - serving uses, and other priority uses. The City will need to emphasize that the new mixed -use categories and the district policies provide for the continuation of priority uses. The City can also present the addition of new CV designated areas in West Newport, Cannery Village, and Balboa Village as expanding opportunities for priority uses. Environmental Review: Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment has been found to be within the scope of the project covered by the certified Final Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update because (1) the LCP Amendment is consistent with the General Plan; (2) the LCP Amendment presents no new effects that could occur that were not examined in the Program EIR; and (3) there is no new information to suggest that new mitigation measures are required. Therefore, no new environmental document is required. Public Notice: Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. CLUP Update March 8, 2007 Page 6 Prepared by: Patrick J. Alford Senior Planner Exhibits: Submitted by: David Lepo Planning D' ctor 1. Draft resolution. 2. Coastal Land Use Plan updated texts (Resolution Exhibit A). 3. Coastal Land Use Plan Map (Resolution Exhibit B). 4. Section 2.1 detail maps (Resolution Exhibit C). RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. 2007 -001 TO UPDATE THE COASTAL LAND USE PLAN TO REFLECT NEW GENERAL PLAN POLICIES WHEREAS, on November 7, 2006, the City of Newport Beach adopted a comprehensive update of the General Plan; and WHEREAS, Implementation Program 5.1 of the new General Plan calls for review and revision of the Local Coastal Program Coastal Land Use Plan for consistency with the General Plan; and WHEREAS, a public hearing was held on March 8, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: SECTION 1. The Local Coastal Program Amendment is necessary to update the Local Coastal Program Coastal Land Use Plan to reflect the location, type, densities, and intensities of land uses established by the new Land Use Element and to incorporate other new polices of General Plan. SECTION 2. The Local Coastal Program Amendment updates the Coastal Land Use Plan to include the relevant portion of the General Plan that is sufficiently detailed to indicate the kinds, location, and intensity of land uses and the applicable resource protection and development policies. SECTION 3. The updated Local Coastal Program Coastal Land Use Plan is intended to be carried out in a manner fully in conformity with the California Coastal Act. SECTION 4. The updated Local Coastal Program Coastal Land Use Plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act. SECTION 6. The Local Coastal Plan Amendment will not become effective until approval of the amendment by the California Coastal Commission. 10 City of Newport Beach Planning Commission Resolution No. Page 2 of 2 SECTION 6. Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment has been found to be within the scope of the project covered by the certified Final Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update because (1) the LCP Amendment is consistent with the General Plan; (2) the LCP Amendment presents no new effects that could occur that were not examined in the Program EIR; and (3) there is no new information to suggest that new mitigation measures are required. Therefore, no new environmental document is required. NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach approve LCP Amendment No. 2007 -001 (PA 2007- 027) to update the Local Coastal Program Coastal Land Use Plan as provided in Exhibits A through C. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2007. AYES: NOES: BY: Jeffrey Cole, Chairman BY: Robert Hawkins, Secretary is EXHIBIT 2 Coastal Land Use Plan updated texts (Resolution Exhibit A) 2.0 Land Use and Development 2.1 Land Use The Coastal Land Use Plan was derived from the Land Use Element of the General Plan and is intended to identify the distribution of land uses in the coastal zone. The Land Use Element may contain more precise development limits for specific properties. Should a conflict exist, the land use intensity or residential density limit 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. 1 2.1.1 Land Use- Besignatiens Categories Policy 2.1.1 -1 The feBewing and use-desi^ga#ens categories in Table 2.1.1 -1 establish the type, density and intensity of land uses within the coastal zone. If there is a conflict between the development limits of the Land Use Element and the Coastal Land Use Plan, the provision that is most protective of coastal resources shall take precedence. However, 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. Table 2. 1.1 -1 Land Use Plan Categories Grid C tse_ Cafe = a EJses = _ �ex±s� Anus._' Ill.:i Residential Neighborhoods Single Unit Residential Detached —RSD The RSD category applies to a range of detached single - family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. RSD -A 0.0 – 5.9 DU/AC RSD -B 6.0 – 9.9 DUTAC RSD -C 10.0 – 19.9 DUTAC RSD -D 20.0 – 29.9 DUTAC Single Unit Residential Attached —RSA The RSA category applies to a range of attached single - family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. RSA -A 0.0 -5.9 DUTAC RSA -B 6.0 – 9.9 DU/AC RSA -C 10.0 – 19.9 DUTAC RSA -D 20.0 – 29.9 DUTAC Two Unit Residential —RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. RT -A 0.0 – 5.9 DUTAC RT -B 6.0 – 9.9 DUTAC RT -C 10.0 –19.9 DUTAC RT -D 20.0 – 29.9 DUTAC LUGdl VUdl LOO rllJylOUI Coastal Land Use Plan 2 -1 13 Locai L;oastai Program Coastal Land Use Plan 2 -2 ,A Multiple Unit Residential -RM The RM category is intended to provide primarily for multi - family residential development containing attached or detached dwelling units. RM -A 0.0 - 5.9 DU /AC RM -B 6.0 - 9.9 DU /AC RM -C 10.0 -19.9 DU /AC RM-D 20.0 - 29.9 DU /AC RM -E 30.0 - 39.9 DU /AC RM -F 40.0 - 52.0 DU /AC Commercial Districts and Corridors The CN category is intended to provide for a limited range of retail and service uses Neighborhood developed in one or more distinct centers 0.00 - 0.30 FAR Commercial -CN oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Corridor Commercial- The CC category is intended to provide a range CC of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. CC -A 0.00 - 0.50 FAR CC -B 0.00 - 0.75 FAR General Commercial- The CG category is intended to provide for a CG wide variety of commercial activities oriented 0.00 - 0.30 FAR CG -A primarily to serve citywide or regional needs. 0.00 - 0.75 FAR CG -B Recreational and The CM category is intended to provide for Marine Commercial- commercial development on or near the bay in CM a manner that will encourage the continuation of coastal- dependent and coastal- related uses, maintain the marine theme and character, CM -A 0.00 - 0.30 FAR encourage mutually supportive businesses, CM encourage visitor - serving and recreational 0.00 - 0.50 FAR -B uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. Visitor Serving The CV category is intended to provide for Commercial -CV accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. CV -A 0.00 - 0.75 FAR CV -B 0.00 -1.50 FAR General Commercial The COG category is intended to provide for Office -COG administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are not permitted. COG -A 0.00 -0.30 FAR COG -B 0.00 - 0.75 FAR COG -C 0.00 - 1.30 FAR Mixed Use Districts Locai L;oastai Program Coastal Land Use Plan 2 -2 ,A Table - Plan Categories Mixed -Use Buildings: Floor area to land ratio of The MU -V category is intended to provide for 1.5; where a minimum floor the development of properties for (a) mixed -use area to land ratio of 0.35 structures that vertically integrate housing with and maximum of 0.5 shall Mixed Use Vertical— retail uses, where the ground floor shall be r be used for nonresidential MU V restricted to retail and other pedestrian - active purposes and a maximu m uses along the street frontage and/or the upper of 1.0 for residential. floors used for residential units, or (b) structures containing nonresidential uses including retail, Nonresidential Buildings: office, restaurant, and similar uses. Floor area to land area ratio of 0.75. Mixed -Use Buildings: Floor area to land area ratio of 1.5, The MU -H category is intended to provide for where a minimum floor area to land area ratio 0. and the development of areas for a horizontally u maximum 0.5 shal1l 1 be u sed distributed mix of uses, which may include for retail uses and maximum Mixed Use Horizontal— general or neighborhood commercial, of 1.0 for residential. MU -H commercial offices, multi - family residential, visitor - serving and marine - related uses, and/or Nonresidential only: Floor buildings that vertically integrate residential with area to land area ratio of 0.5. commercial uses. Residential only: 20.1- 26.7 units per net acre. Mixed -Use Buildings: Floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.35 and The MU -W category is intended to provide for maximum of 0.7 shall be commercial development on or near the bay in used for nonresidential Mixed Use Water a manner that will encourage the continuation purposes and a maximum of Related —MU -W of coastal- dependent and coastal- related uses 0.8 for residential, and visitor - serving uses, as well as allow for the integrated development of residential. Nonresidential only: Floor area to land area ratio of 0.5. Residential only: 15 units per acre per net acre. Public, Semi - Public, and Institutional Local Coastal Program Coastal Land Use Plan 2 -3 6 Table 2.1.1-1 Land - Plan Categories Not applicable. School districts are exempted from local land use controls and development limits are The PF category is intended to provide public not specified. Development facilities, including public schools, cultural intensities for other Public Facilities —PF institutions, government facilities, libraries, public institutions are community centers, public hospitals, and public more appropriately utilities. determined by their function rather than floor areas, such as number of hospital beds and number of students. Private Institutions —PI The PI category is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, PI-A 0.00 – 0.30 FAR PI -g 0.00 -0.75 FAR PI -C museums, yacht clubs, congregate homes, and 0.00 –1.00 FAR com arable facilities. Open spaces may include incidental buildings, such as The OS category is intended to provide areas maintenance Opens Space —OS for a range of public and private uses to protect, equipment and supply maintain, and enhance the community's natural storage, which are not resources. traditionally included in determining intensity limits. Not applicable for public uses. Private uses in this category may include incidental The PR category applies to land used or buildings, such as maintenance proposed for active public or private equipment sheds, Parks and Recreation— recreational use. Permitted uses include parks supply storage, and PR (both active and passive), golf courses, marina not included support facilities, aquatic facilities, tennis clubs in determining in determining intensity and courts, private recreation, and similar limits. For golf facilities. courses, these uses may also include support facilities for grounds maintenance em to ees. Local Coastal Program Coastal Land Use Plan 2-4 2.1.2 DistrictlCorridor Policies to accommodate the City's fair share of regional housinq needs. Corridors share common characteristics of districts by their identifiable functional require large building footprints and extensive parking. Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8. 2.1.3 West Newport residential neighborhood south of Coast Highway, and beach visitors. t;ommerclal developed with a mix of multi - family apartments and west of Grant Avenue, mobile and manufactured homes. Local Coastal Program Coastal Land Use Plan 2 -5 tI Widening of West Coast Highway and contain insutticient parKma many or me commercial buildings appear to have been constructed in the 1960's to 1980's. although some motels have been recently upgraded. A portion of the mobile homes are situated along Semeniuk Slough and the Army Policies: residential on all or portions of the property not used for open space. 2.1.4 Mariners' Mile schools marinas visitor - serving restaurants and comparable uses. A large site is developed with the Balboa Bay Club and Resort a hotel, private club, and Local Coastal Program Coastal Land Use Plan 2-6 apartments located on City tidelands A number of properties contain non - marine commercial uses, offices, and a multi -story residential building. The vitality of the Mariners' Mile Corridor will be enhanced by establishing a series of Policies: CV, or MU -V categories respectively. uses. 2.1.4-3. Permit development intensities in areas designated as CG to be increased to a floor area ratio of 0.5 where parcels are consolidated to 2.1.5 Balboa Peninsula Local Coastal Program Coastal Land Use Plan 2 -7 �a uses. Lido Village have traditionally inhibited cohesive and integrated development. Lido Village has a unique location at the turning basin in Newport Harbor. The Cannery Village service establishments Marine - related commercial (boat sales) and marine- related has been less success in attracting the commercial uses envisioned for the area Particularly on the waterfront. parcels developed for mixed -use or free - standing housing and a mix of manne- Local Coastal Program Coastal Land Use Plan 2 -8 !'1 McFadden Square local residents. Lido Peninsula categories respectively. Balboa Village Balboa Village is the historic center for recreational and social activities on the residences with isolated pockets of commercial uses scatterea along rsalpoa Boulevard. Peninsula Park also serves the area. there is more commercial space than can be supported by local residents, and Local Coastal Program Coastal Land Use Plan 2 -9 ttt marginal commercial space is used by businesses that are seasona6 and do not thrive throughout the year. goal is an economically viable pedestrian oriented village that serves local residents, visitors and provides residential in proximity to retail uses, entertainment, and recreation. Policies: 2.1.5-2. Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character. residential with retail uses. 2.1.5-3. Discourage the development of new office uses on the around floor of buildings in Lido Village that do not attract customer activity to improve the area's pedestrian character. 2.1.6-5. For interior parcels in Cannery Village and at 15th Street (designated mixed -use or free-standing housina. 215-6 Allow retail and visitor - serving commercial along the Newport Boulevard Corridor consistent with the CV category. Local Coastal Program Coastal Land Use Plan 2 -10 AI restaurants and small scale overnight accommodations as well as mixed -use buildings that integrate residential with ground level retail. 2.1.5-8. On the Lido Peninsula CM development shall occupy 30 percent of each 2,900 souare feet of lot area. retail. 2.1.6 Balboa Island Marine Avenue is a two -block retail district on Balboa Island. Marine Avenue reflects the unique characteristics of the Balboa Island community. Balboa Island is known for its casual and laid -back lifestyle and Marine Avenue serves as its town square. Marine Avenue has a number of small - scale, locally -owned businesses, including restaurants, retail shops, art galleries, and services. This small -town downtown atmosphere has made Marine Avenue a popular visitor destination. Although Marine Avenue does not have the typical "tourist- driven" mix of shops and businesses, visitors are drawn there to experience a Southern California coastal island community. The number and variety of businesses cannot be supported by the local economy alone and without local support, most of these businesses could not survive year- round. Therefore, the continued success of the retail economy on Marine Avenue is contingent on businesses that serve both local residents and visitors. Policy 2.1.6-1. On Marine Avenue and Agate Avenue !designated as MU -W1, 2.1.7 Newport Dunes Local Coastal Program Coastal Land Use Plan 2 -11 a5 The Newport Dunes consists of 100 acres of State tidelands property on the Upper Newport Bay held in trust by the County of Orange. This area is designated epeR space -PR and is intended for recreational and visitor - serving uses. Land uses and development limits are established pursuant to the Newport Dunes Settlement Agreement. The site is currently developed with a 406 -space recreational vehicle park, a 450 -slip marina, a restaurant, dry boat storage, boat launching facilities, surface parking, and beach day use facilities. This area also includes an undeveloped site for a 275 -room hotel with up to 500,000 square feet of floor area, 27,500 square feet of floor area for restaurants, and 5,000 square feet of floor area for retail commercial. Policies: given to provision of lower cost uses. 2.1.7-2. New development shall provide for the protection of the water quality of 2.1.8 Balboa Bay Tennis Club homes. categories. Local Coastal Program Coastal Land Use Plan 2 -12 �A property and is intended to provide a graphic representation of policies relating to the location, type, density, and intensity of all land uses in the coastal zone. Policy-2A-.24_L.1 .9 -1. Land uses and new development shall be consistent with the Coastal Land applicable LCP policies and regulations. in the coastal zone Use Plan Map and all Local Coastal Program Coastal Land Use Plan 2 -20 P. Revisions to Section 2.2.5 2.2.5 Nonconforming Structures and Uses As one of the older coastal communities, Newport Beach has land uses and improvements that do not conform to the standards of the LCP or other policies and regulations that have been adopted over the years. This section is intended to establish policies to limit the expansion of nonconforming structures and uses to the maximum extent feasible and to bring these structures and uses into conformity in a timely manner, without infringing upon the constitutional rights of property owners. Policies: 2.2.5 -1 Legal nonconforming structures shall be brought into conformity in an equitable reasonable and timely manner as rebuilding occurs. I MAIM ERE" i 2.2.5-2. In older commercial districts allow existing commercial buildings that exceed current intensity limits to be renovated, upgraded, or reconstructed to their pre - existing intensity when appropriate to complement the scale and form of existing development. Exhibit A 33 Revisions to Section 2.2.5 2.2.5 -3. When proposed development would involve demolition or replacement of 50 percent or more of the exterior walls of an existing structure that is legally non - conforming due to a coastal resource protection standard, the entire structure must be made to conform with all current development standards and applicable policies of the Coastal Land Use Plan. 2.2.5 -24. The enlargement or ' intensification of legally established nonconforming uses shall be limited to only those uses normally permitted by right or by the approval of a use permit, but which were made nonconforming by additional regulations of the district in which they are located. Such enlargement or intensification shall be subject to discretionary review and approval by the City and shall not increase the degree of the use's nonconformity. Exhibit A 3`� Revisions to Section 2.3.1 Policies 2.3.1 -7. Prmhehffit Give priority to visitor - serving and recreational uses in the mixed -use areas of of nn c dd c e (ocn 3) the Balboa Peninsula ""4;, and Balboa Island.^' e "n,.;,e n.,enr_ fPSA sales. 2.3.1-10. Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft. conditions or parking shortages on the environment and land uses surrounding the harbor. Exhibit A 35 Revisions to Section 3.1.1 Policies Implement public access policies in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: ■ Topographic and geologic site characteristics; • Capacity of the site to sustain use and at what level of intensity; • Fragility of natural resource areas; • Proximity to residential uses; • Public safety services, including lifeguards, fire, and police access; • Support facilities, including parking and restrooms; • Management and maintenance of the access; • The need to balance constitutional rights of individual property owners and the public's constitutional rights of access. community /reoional interest. Exhibit A 310 Revisions to Section 2.4.1 2.4.1 Commercial Newport Harbor supports a wide range of coastal- dependent and coastal- related commercial uses. These include passenger /sightseeing boats, passenger/fishing boats, boat rentals and sales, recreational equipment rentals, entertainment boats, boattship repair and maintenance, and harbor maintenance facilities. These uses play an important role in the character of the harbor and provide the services necessary to sustain one of the world's great small boat harbors. Over the past 20 years, a number of marine - related businesses and industries in Newport Beach have moved to inland areas. This is reflective of a regional trend, largely due to increased environmental regulation in California affecting fiberglass manufacturing processes, as well as real estate price inflation in coastal communities. The Recreational and Marine Commercial (CM) desionatieR- land use cateaory is the primary method of providing for the continuation of coastal- dependent and coastal- related commercial uses on or near the bay. The CM designation is applied to areas that have historically provided marine - related businesses and industries and visitor- seivinq and recreational areas. CM uses are also permitted in the Policies: 2.4.1 -1. Give priority to coastal- dependent uses over other uses on or near the shoreline. 2.4.1 -2. When appropriate, accommodate coastal- related developments within reasonable proximity to the coastal- dependent uses they support. 2.4.1 -34. Design and site new development to avoid impacts to existing coastal- dependent and coastal - related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal- dependent and coastal- related land uses including not only the proposed change on the subject property, but also the potential to limit existing coastal- dependent and coastal - related land uses on adjacent properties. Exhibit A 3A Revisions to Section 2.4.1 2.4.1 -45. Maintain the Recreational and Marine Commercial (CM) designat+ew land use category and allow CM uses in the Mixed Use land use categories (MU -V. MU -H. and MU-W) .in areas on or near the bay to encourage a continuation of coastal- dependent and coastal- related uses. 2.4.1 -56. Protect and encourage facilities that serve marine - related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal- dependent industrial facilities to locate or expand within existing sites and allowed reasonable long -term growth. Exhibit A 3� Revisions to Section 4.4.1 Policies 4.4.1 -7. Design and site new development, including landscaping, on the edges of public coastal view corridors, including those down public streets, to frame and accent public coastal views. 4.4.1 -8. Require that buildings be located and sites desjgned to provide ■ Clustering of buildings to provide open view and access corridors to the Harbor. ■ Modulation of building volume and masses. ■ Variation of building heights. Harbor. ■ Encouragement of adjoining properties to combine their view corridors that achieve a larger cumulative corridor than would have been achieved independently. ■ A site - specific analysis shall be conducted for new development to determine the appropriate size configuration and design of the view and access corridor that meets these objectives, which shall be subiect to approval in the coastal development plan review process. 4.4.1 -89. Design and maintain parkway and median landscape improvements in public rights -of -way so as not to block public coastal views at maturity. 4.4.1 -810. Where feasible, provide public trails, recreation areas, and viewing areas adjacent to public coastal view corridors. Exhibit A 0 Revisions to Section 4.4.1 Policies 4.4.14811. Restrict development on sandy beach areas to those structures directly supportive of visitor - serving and recreational uses, such as lifeguard towers, recreational equipment, restrooms, and showers. Design and site such structures to minimize impacts to public coastal views. Exhibit A ME Revisions to Section 4.5.2 4.5.2 Historical Resources Newport Beach has a number of buildings and sites in the coastal zone that are representative of the history of the community and the region. Some of these historical resources have been recognized as being of statewide or national importance. There are four properties in Newport Beach that are listed as California Historical Landmarks: • Old Landing (No. 198). Established by Captain Dunnells in the 1870's, it was the site of the first shipping business in Newport Bay. • Site Of First Water- To-Water Flight (No. 775). Commemorates the May 10, 1912 flight of Glenn L. Martin from the waters of the Pacific Ocean at Balboa to Catalina Island, the first water -to -water flight. • McFadden Wharf (No. 794). The site of the original wharf built in 1888 by the McFadden brothers. • Balboa Pavilion (No. 959). Built in 1905, it is one of California's last surviving examples of the great waterfront recreational pavilions from the turn of the century. There are also three properties that are listed in the Natrona! Register of Historic Places: • Balboa Inn. Built in 1929, the Balboa Inn is representative of Spanish Colonial Revival architecture and beachfront tourist development. Balboa Pavilion. Built in 1905, the Balboa Pavilion is one of California's last surviving examples of the great waterfront recreational pavilions from the turn of the century. Lovell Beach House. Built in 1926, the Lovell Beach House was designed by Rudolf Schindler and is considered the first pure International Style house built in America. Four additional properties are also listed as historic or potentially historic in the B I< Stone Building —one of the oldest commercial structures in Newport Beach. ■ Balboa Island Firehouse No 4 —early police and fire station for the Balboa Peninsula. Exhibit A q� Revisions to Section 4.5.2 ■ Our Lady of Mount Carmel Church. The City of Newport Beach has also listed seven properties in the Newport Beach Register of Historical Property in recognition of their local historical or architectural significance. In addition to the Balboa Pavilion and the Balboa Inn, the Newport Beach Register of Historical Property includes: • Rendezvous Ballroom Site. Destroyed by fire in 1966, the Rendezvous Ballroom was a popular Balboa dance hall that featured numerous famous Big Bands of the 1930's and 1940's. • Wilma's Patio (formally Pepper's Restaurant). Located on Balboa Island, the exposed structural components of Pepper's Restaurant are timbers used in the original Balboa Island Bridge and McFadden Wharf. • Balboa Theater. Built in 1928, the Balboa Theater is a former vaudeville theater that one time housed an infamous speakeasy during Prohibition. • Balboa Saloon. The 1924 building is representative of Newport's nautical history and Main Street commercial masonry style. • Dory Fishing Fleet. The Dory Fishing Fleet is located adjacent to Newport Pier. The fleet and open -air fish market has operated there since its founding by a Portuguese fisherman in 1891. The last remaining fleet of its type, it is a historical landmark designated by the Newport Beach Historical Society. It is a general policy of the City that an area immediately west of the Newport Pier be reserved for the Newport Dory Fishing Fleet. 4.5.2 -1. GeRt+rue4-e- Maintain and periodically update the Newport Beach Register of Historical Property for buildings, objects, structures, and monuments having importance to the history or architecture of Newport Beach and require photo documentation of inventoried historic structures prior to demolition. 4.5.2 -32. Landmarks and /or the Newport Beach Register of Historical Exhibit A qa' Revisions to Section 4.5.2 Property. Provide incentives, such as granting reductions or waivers of applications fees, permit fees, and /or any liens placed by the City to properties listed in the National or State Register or the Newport Beach Register of Historical Property in exchange for preservation easements. 4.5.2 -3. Encourage the placement of historical landmarks, photographs, markers, or plaques at areas of historical interest or value. Create a Landmark Plan that will recognize and designate culturally important heritage sites that are eligible for the placement of Funds. 4.5.2 -4. Encourage alternatives to demolition of historical sites or structures by promoting architecturally compatible rehabilitation or adaptive person(s) qualified in historical preservation. 4.5.2 -5. Require that proposed development that is located on a historical feasible option. 4.5.2 -6. Require that, prior to the issuance of a demolition or grading permit, 4.5.2 -48. Continue to allow the Dory Fishing Fleet to be launched and stored and to sell fish on the public beach adjacent to Newport Pier within reasonable limits to protect the historical character of the fleet, the coastal access and resources, and the safety of beach users in the vicinity. 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