HomeMy WebLinkAbout2007-20 - LCP Amendment 2004-001RESOLUTION NO. 2007 -20
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING LOCAL
COASTAL PROGRAM AMENDMENT NO. 2004 -001
(PA2003 -093) FOR A COMPREHENSIVE UPDATE OF
THE LOCAL COASTAL PROGRAM LAND USE PLAN
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 on the LCP amendment was held
Commission on March 8, 2007, in the City Hall Council Chamber,
Boulevard, Newport Beach, California. A notice of time, place and
aforesaid meetings were given in accordance with the Municipal Code.
written and oral, was presented to and considered by the Planning
these meetings; and
WHEREAS, a public hearing on the Coastal Land Use Plan �
City Council on May 25, 2004, in the City Hall Council Chamber,
Boulevard, Newport Beach, California. A notice of time, place and
aforesaid meeting was given in accordance with the Municipal Code.
written and oral, was presented to and considered by the City Council
and
WHEREAS, the City Council finds as follows:
by the Planning
3300 Newport
purpose of the
Evidence, both
Commission at
/as held by the
3300 Newport
purpose of the
Evidence, both
at this meeting;
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 the General
Plan.
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.
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.
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.
5. 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. Pursuant to Sections 15162 and 15163 of the State CEQA
Guidelines, no subsequent EIR or supplement to the EIR is required
because, on the basis of substantial evidence in the light of the whole
record, (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.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned
findings, the City Council hereby approves the Local Coastal Plan Amendment No.
2007 -001 (PA 2007 -027) to update the Local Coastal Program Coastal Land Use
Plan as provided in Exhibits A through C.
BE IT FURTHER RESOLVED, the City Council of the City of Newport Beach
hereby authorizes submittal of the Coastal Land Use Plan to the Coastal
Commission for formal review and approval; and
BE IT FURTHER RESOLVED, formal adoption of the Coastal Land Use Plan .
by the .City of Newport Beach shall require a separate action by the City Council
following Coastal Commission approval.
This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on March 27, 2007, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
MAYOR
ATT /T�
CITY CLERK
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 speck
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.
2.1.1 Land Use Categories
Policy 2.1.1 -1 The land use categories in Table 2.1.1 -1 establish the type, density
and intensity of land uses within the coastal zone. If there is a conflict between the
development limits of the Land Use Element and the Coastal Land Use Plan, the
provision that is most protective of coastal resources shall take precedence.
However, 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.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -1
Table 2.1.1-1 Land
Use Plan Categories
RT -E
30.0 - 39.9 DU /AC
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
1 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
CG -A
wide variety of commercial activities oriented
primarily to serve citywide or regional needs.
- 0.30 FAR
CG -B
0.00
.00 - 0.75 FAR
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 -B
encourage visitor - serving and recreational
0.00 -0.50 FAR
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
Local Coastal Program
Coastal land Use Plan
Exhibit A 2-2
Table 2. 1.1 -1 Land
Use Plan Categories
NOMMONIMM
Mixed -Use Buildings:
The MU -V category is intended to provide for
fl of
Floor area to minimum Boor
1.5; where a minimum
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
be used for nonresidential
MU -V
restricted to retail and other pedestrian - active
purposes and a maximum
uses along the street frontage and/or the upper
of 1.0 for residential.
floors used for residential units, or (b) stnactures
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
'gymarearaumfloorarea
ro
the development of areas for a horizontally
ximu 0.5 sh 11 be u edd
maximum 0.5 shall be used
distributed mix of uses, which may include
for
ntial. um
Mixed Use Horizontal—
general or neighborhood commercial,
of1.0drresid
ofl.Oforresidential.
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
Exhibit A 2 -3
Table 2.1.1-1 Land
Use Plan Categories
Not applicable. School
districts are exempted
from local land use
controls and
development limits are
not specified.
The PF category is intended to provide public
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
comparable 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
buildings, such as
The PR category applies to land used or
g �' pp
'public
maintenance
proposed for active or private
equipment sheds,
Parks and Recreation—
recreational use. Permitted uses include parks
supply storage, and
PR
(both active and passive), golf courses, marina
restrooms, not included
support facilities, aquatic facilities, tennis clubs
in determining intensity
and courts, private recreation, and similar
limits For golf
facilities.
courses, these uses
may also include
support facilities for
grounds maintenance
employees.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 24
2.1.2 District/Corridor Policies
Districts are uniquely identifiable by their common functional role, mix of uses,
density /intensity, physical form and character, and /or environmental setting.
Newport Beach's coastal zone districts are in transition as existing viable districts are
enhanced, underperforming properties are revitalized, and opportunities are provided
to accommodate the City's fair share of regional housing needs.
Corridors share common characteristics of districts by their identifiable functional
role, land use mix, density /intensity, physical form and character, and /or
environmental setting. They differ in their linear configuration, generally with shallow
depth parcels located along arterial streets. They are significantly Impacted by
traffic, often inhibiting access during peak travel periods. Their shallow depths make
them unsuitable for many contemporary forms of commercial development that
require large building footprints and extensive parking.
Policy 2.1.2 -1. Development in each district and corridor shall adhere to
policies for land use type and density /intensity contained in
Table 2.1.1 -1, except as modified in Sections 2.1.3 to 2.1.8.
2.1.3 West Newport
The West Newport Coast Highway Corridor extends from Summit Street to just past
60th Street. It is a mixed commercial and residential area, with the former serving
the adjoining Newport Shores residential neighborhood, the West Newport
residential neighborhood south of Coast Highway, and beach visitors. Commercial
uses are concentrated on the north side of Coast Highway at the Orange Street
intersection and east of Cedar Street to the Semeniuk Slough. Intervening areas are
developed with a mix of multi - family apartments and, west of Grant Avenue, mobile
and manufactured homes.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-5
Primary commercial uses include community- related retail such as a dry cleaners,
liquor store, deli, and convenience stores, as well as a few visitor - serving motels,
dine -in, family -style restaurants, and fast -food establishments. Generally, they are
developed on shallow parcels of substandard size and configuration due to past
widening of West Coast Highway and contain insufficient parking. Many of the
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
Corps restored wetlands, while a number of the single - family homes outside the area
are also located along the Slough. A mobile home park containing older units, many
of which appear to be poorly maintained, is located on the westemmost parcels and
a portion of the tidelands. This site serves as the "entry' to the City and as a portal to
the proposed Orange Coast River Park.
Coast Highway fronting properties in West Newport will be improved by
concentrating local and visitor - serving retail in two centers at Prospect Street and
Orange Street with expanded parking, enhancing existing and allowing additional
housing on intervening parcels, and developing a clearly defined entry at the western
edge with Huntington Beach. The latter may include improvements that would
support the proposed Orange Coast River Park.
Policies:
2.1.3 -1. Work with community groups and the County to facilitate the
acquisition of a portion or all of the Western Entry Parcel (designated
RM/OS) as open space, which may be used as a staging area for
Orange Coast River Park with parking, park - related uses, and an
underpass to the ocean. As an alternative, accommodate multi - family
residential on all or portions of the property not used for open space.
2.1.3 -1. Allow local and visitor - serving retail consistent with the CV category in
two centers at Prospect Street and Orange Street.
2.1.4 Mariners' Mile
Mariners' Mile is a heavily traveled segment of Coast Highway extending from the
Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of
highway - oriented retail and marine related commercial uses. The latter are primarily
concentrated on bay- fronting properties and include boat sales and storage, sailing
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
Exhibit A 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
distinct retail, mixed -use, and visitor - serving centers. Harbor - fronting properties
would accommodate a mix of visitor- serving retail and marine - related businesses,
with portions of the properties available for housing and mixed -use structures. View
and public access corridors from Coast Highway to the Harbor would be required,
with a pedestrian promenade developed along the length of the Harbor frontage.
Parcels on the inland side of Coast Highway, generally between Riverside Avenue
and the southerly projection of Irvine Avenue, would evolve as a pedestrian- oriented
mixed -use "village" containing retail businesses, offices, services, and housing.
Sidewalks would be improved with landscape and other amenities to foster
pedestrian activity. Inland properties directly fronting onto Coast Highway and those
to the east and west of the village would provide for retail, marine - related, and office
uses. Streetscape amenities are proposed for the length of Mariners' Mile to
improve its appearance and identity.
Policies:
2.1.4 -1. For properties located on the inland side of Coast Highway in the
Mariners' Mile Corridor (designated as MU -H), (a) the Coast Highway
frontages shall be developed for marine - related and highway - oriented
general commercial uses in accordance with CM and CG categories;
and (b) portions of properties to the rear of the commercial frontage
may be developed for free- standing neighborhood - serving retail, multi-
family residential units, or mixed -use buildings that integrate residential
with retail uses on the ground floor in accordance with the CN, RM ,
CV, or MU -V categories respectively.
2.1.4 -2. For bay- fronting properties (designated as MU -W), encourage marine -
related and visitor- serving retail, restaurant, hotel, institutional, and
recreational uses intermixed with residential uses. Permitted uses
include those permitted by the CM, CV, MFR, and MU-V categories. A
minimum of 50 percent of any lot shall be used for the CM or CV land
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
accommodate larger commercial development projects that provide
sufficient parking.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-7
2.1.5 Balboa Peninsula
Lido Village, Cannery Village, McFadden Square, and Balboa Village are to be
enhanced as distinct pedestrian - oriented centers of Balboa Peninsula that would be
interconnected through improved streetscapes along Newport/Balboa Boulevard, a
waterfront promenade on Newport Harbor, and cross - access between the Harbor
and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a
mix of visitor- serving, retail, small overnight accommodation facilities, and housing.
Throughout the Peninsula, priority is established for the retention of marine - related
uses.
Lido Village
Lido Village is primarily developed with commercial uses including grocery stores,
restaurants, salons, home furnishings, apparel, and other specialty shops. It also
includes Lido Marina Village, a pedestrian - oriented waterfront development that
includes visitor - serving commercial uses, specialty stores, and marine uses.
Lido Marina Village has experienced a high number of building vacancies and many
retail stores are underperforming. Parking is limited. Multiple property ownerships
have traditionally inhibited cohesive and integrated development.
Lido Village has a unique location at the turning basin in Newport Harbor. The
channel is wider than in other locations, providing an opportunity for waterfront
commercial uses that will not negatively impact residential uses across the channel.
Cannery Village
Cannery Village is the historic center of the City's commercial fishing and boating
industry and contains a mix of small shops, art galleries, professional offices, and
service establishments. Marine - related commercial (boat sales) and marine - related
industrial uses (boat repair) are also found in the area. Redevelopment of properties
for residential, loft, and mixed residential and commercial uses, including live /work
facilities, appears to be an emerging trend. Older developments include some
single - family residential units combined with commercial uses on single lots.
Although the residential component of mixed -use projects has performed well, there
has been less success in attracting the commercial uses envisioned for the area
particularly on the waterfront.
The goal in Cannery Village is a pedestrian - oriented residential neighborhood that
provides opportunities for livetwork facilities and supporting retail uses. Commercial
or mixed -use buildings would be developed at street intersections with intervening
parcels developed for mixed -use or free- standing housing and a mix of marine-
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-8
related, residential uses on the Bay frontage, and retail and visitor - serving uses
along Newport Boulevard Corridor.
McFadden Square
McFadden Square surrounds the Newport Pier and extends between the ocean front
and harbor. Commercial land uses are largely concentrated in the strips along
Balboa and Newport Boulevards, with residential along the ocean front and marine -
related uses fronting the harbor. Numerous visitor - serving uses include restaurants,
beach hotels, tourist- oriented shops (t -shirt shops, bike rentals, and surf shops), as
well as service operations and facilities that serve the Peninsula. There are several
bars in the area with some featuring live music, especially along the ocean front.
Historically, the area has been known for its marine- related industries such as
shipbuilding and repair facilities and boat storage on the harbor, some of which have
been in continuous operation for over fifty years. Public parking is available in three
lots, which primarily serve the beach users, tourists, and the restaurant patrons.
The goal in McFadden Square is to revitalized the area as a pedestrian- oriented
village that reflects its location on the ocean, pier, and bay front, serving visitors and
local residents.
Lido Peninsula
The MU -W is applied to the Lido Peninsula to provide for the horizontal intermixing of
recreational and marine - related and residential uses, in accordance with CM and RM
categories respectively.
Balboa Village
Balboa Village is the historic center for recreational and social activities on the
Peninsula. It has had a strong marine heritage, and has attracted fishermen,
recreational boaters, summer residents, and beachgoers. Many of the retail uses
are visitor - oriented and seasonal in nature, including a 'fun zone" along Edgewater
Place that contains entertainment uses. Marine - related commercial uses, including
ferries to Balboa and Catalina Islands and harbor tours, are present in the area. In
general, Balboa Village is pedestrian - oriented with articulated building facades, and
signage that is pedestrian scale. The Balboa Village core is surrounded by
residences, with isolated pockets of commercial uses scattered along Balboa
Boulevard. Peninsula Park also serves the area.
Balboa Village and the greater Peninsula have experienced a transition to year -
round residential occupancy while the visitor uses have continued. Cumulatively,
there is more commercial space than can be supported by local residents, and
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -9
marginal commercial space is used by businesses that are seasonal and do not
thrive throughout the year.
Balboa Village will continue to serve as the primary center of the lower Peninsula,
surrounded by residential neighborhoods along and flanking Balboa Boulevard. The
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 -1. For bay- fronting properties (designated as MU -W), marine - related uses
may be intermixed with buildings that provide residential on the upper
floors. Permitted uses include those permitted by the CM, CV, and
MU -V categories. In the MU -W designation, free - standing residential
shall not be permitted in Lido Marina Village, Cannery Village,
McFadden Square, and Balboa Island.
2.1.5 -2. Encourage uses that take advantage of Lido Village's location at the
Harbor's turning basin and its vitality and pedestrian character,
including visitor- serving and retail commercial, small lodging facilities
(bed and breakfasts, inns), and mixed -use buildings that integrate
residential with retail uses.
2.1.5 -3. Discourage the development of new office uses on the ground floor of
buildings in Lido Village that do not attract customer activity to improve
the area's pedestrian character.
2.1.5 -4. In Lido Marina Village (designated as MU -W), marine- related uses
may be intermixed with buildings that provide residential on the upper
floors. Permitted uses include those permitted by the CM, CV, and
MU -V categories. Free - standing residential shall not be permitted.
2.1.5 -5. For interior parcels in Cannery Village and at 150 Street (designated
as MU -H), permit mixed -use structures, where the ground floor shall be
restricted to nonresidential uses along the street frontage such as retail
sales and restaurants and the rear and upper floors used for residential
including seniors units and overnight accommodations (comparable to
MU -V). Mixed -use or commercial buildings shall be required on
parcels at street intersections with intervening parcels developed for
mixed -use or free - standing housing.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 1 2 -10
2.1.5 -6. Allow retail and visitor - serving commercial along the Newport
Boulevard Corridor consistent with the CV category.
2.1.5 -7. Accommodate visitor- and local- serving uses that take advantage of
McFadden Square's waterfront setting including specialty retail,
restaurants, and small scale 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
the total land area and residential development shall occupy 70
percent of the land area. One residential dwelling unit is allowed for
each 2,900 square feet of lot area.
2.1.5 -9. On the Balboa Village bay frontage (designated as CV), prioritize
water - dependent, marine- related retail and services and visitor- serving
retail.
2.1.5 -10. In the Balboa Village core (designated as MLI-V), encourage local- and
visitor- serving retail commercial and mixed -use buildings that integrate
residential with ground level retail or office uses.
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 MLI-W),
marine- related uses may be intermixed with buildings that
provide residential on the upper floors. Permitted uses include
those permitted by the CM, CV, and MLI-V category. Free-
standing residential shall not be permitted.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -11
2.1.7 Newport Dunes
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 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:
2.1.7 -1. Protect, and if feasible, expand and enhance, the variety of
recreational and visitor - serving uses. Particular attention should be
given to provision of lower cost uses.
2.1.7 -2. New development shall provide for the protection of the water quality of
the bay and adjacent natural habitats. New development shall be
designed and sited to minimize impacts to public views of the water
and coastal bluffs.
2.1.8 Balboa Bay Tennis Club
Located in Newport Center, the Balboa Bay Tennis Club is designated MU -H/PR.
This is in recognition of the private recreational tennis courts and the potential
development of short -tern rental bungalows and a limited number of single - family
homes.
Policy 2.1.7 -1. Allow the horizontal intermixing of 27 short -term rental units and
5 single - family homes with the expanded tennis club faculties.
Permitted uses include those permitted by the MU -H and PR
categories.
2.1.9 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each 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.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -12
Policy 2.1.9 -1. Land uses and new development in the coastal zone shall be
consistent with the Coastal Land Use Plan Map and all
applicable LCP policies and regulations.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -13
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.
Limited renovations that improve the physical quality and character of
the buildings may be allowed. Rebuilding after catastrophic damage
or destruction due to a natural event, an act of public enemy, or
accident may be allowed in limited circumstances that do not conflict
with other policies and of the Coastal Land Use Plan.
2.2.5 -2. In 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.
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 -4. The enlargement or intensification of legally established
nonconforming uses shall be limited to only those uses normally
permitted by right or by the approval of a use permit, but which were
made nonconforming by additional regulations of the district 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
Revisions to Section 2.3.1 Policies
2.3.1 -7. Give priority to visitor - serving and recreational uses in the mixed -use
areas of the Balboa Peninsula, and Balboa Island.
2.3.1 -8. In Mariners Mile, require that development on the Bay frontage
implement amenities that assure access for coastal visitors. Pursue
development of a pedestrian promenade along the Bayfront.
2.3.1 -9. Support continued operation of passenger /sightseeing boats,
passengerffishing boats ( "day boats "), and long -term boat rentals and
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.
2.3.1 -11. Support continued operation of entertainment and tour boats subject
to reasonable regulations designed to ensure the operations don't
have an adverse impact, such as unsafe navigation, impaired water
quality, reduced visual quality, excessive noise, unsafe street traffic
conditions, or parking shortages on the environment and land uses
surrounding the harbor.
Exhibit A
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,
boat/ship 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 Califomia affecting fiberglass
manufacturing processes, as well as real estate price inflation in coastal
communities.
The Recreational and Marine Commercial (CM) land use category 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 -
serving and recreational areas. CM uses are also permitted in the Mixed Use (MU-
V, MU -H, and MU -W) land use categories located on or near the bay to encourage
the continuation of coastal- dependent and coastal- related uses, as well as allow for
the integrated development of residential.
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 -3. Discourage re -use of properties that result in the reduction of coastal -
dependent commercial uses. Allow the re -use of properties that
assure coastal- dependent uses remain, especially in those areas with
adequate infrastructure and parcels suitable for redevelopment as an
integrated project.
2.4.1 -4. Design and site new development to avoid impacts to existing
coastal- dependent and coastal- related developments. When
reviewing proposals for land use changes, give full consideration to
the impact on coastal- dependent and coastal- 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
Revisions to Section 2.4.1
2.4.1 -5. Maintain the Recreational and Marine Commercial (CM) land use
.category and allow CM uses in the Mixed Use land use categories
(MU -V, MU -H, and MU -W) in areas on or near the bay to encourage
a continuation of coastal- dependent and coastal - related uses.
2.4.1 -6. Protect and encourage facilities that serve marine - related businesses
and industries unless present and foreseeable future demand for
such facilities is already 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
Revisions to Section 3.1.1 Policies
3.1.1 -27. Implement public access policies in a manner that takes into account
the need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but
not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police
access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property
owners and the public's constitutional rights of access.
3.1.1 -28. Encourage the creation of waterfront public spaces and beaches,
with adjacent water access and docking facilities that serves as the
identity and activity "centers" of Newport Harbor for special events of
community /regional interest.
Exhibit A
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 designed to provide
clear views of and access to the Harbor and Bay from the Coast
Highway and Newport Boulevard rights -of -way in accordance with
the following principles, as appropriate:
■ Clustering of buildings to provide open view and access
corridors to the Harbor.
• Modulation of building volume and masses.
■ Variation of building heights.
■ Inclusion of porticoes, arcades, windows, and other "see -
through" elements in addition to the defined open corridor.
• Minimization of landscape, fencing, parked cars, and other
nonstructural elements that block views and access to the
Harbor.
■ Prevention of the appearance of the public right -of -way being
walled off from the Harbor.
■ Inclusion of setbacks that in combination with setbacks on
adjoining parcels cumulatively form functional view corridors.
■ Encouragement of adjoining properties to combine their view
corridors that achieve a larger cumulative corridor than would
have been achieved independently.
■ A site - specific analysis shall be conducted for new development
to determine the appropriate size, configuration, and design of
the view and access corridor that meets these objectives, which
shall be subject to approval in the coastal development plan
review process.
4.4.1 -9. Design and maintain parkway and median landscape
improvements in public rights -of -way so as not to block public
coastal views at maturity.
4.4.1 -10. Where feasible, provide public trails, recreation areas, and viewing
areas adjacent to public coastal view corridors.
Exhibit A
Revisions to Section 4.4.1 Policies
4.4.1 -11. Restrict development on sandy beach areas to those structures
directly supportive of visitor- serving and recreational uses, such as
lifeguard towers, recreational equipment, restrooms, and showers.
Design and site such structures to minimize impacts to public
coastal views.
Exhibit A
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 Pack
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 National 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
California Historic Resources Information System (CHRIS) maintained by
the Office of Historic Preservation:
■ B.K. 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
Revisions to Section 4.5.2
■ Bank of Balboa/Bank of America —Bank of Balboa, Bank of America,
provided services from 1928 to 1984 (now demolished).
■ 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. 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 -2.. Provide incentives, such as granting reductions or waivers of
applications fees, permit fees, and/or any liens placed by the City to
properties listed in the National or State Register or the Newport
Beach Register of Historical Property in exchange for preservation
easements.
Exhibit A
EXHIBIT B FULL SIZE DRAWING AVAILABLE IN CITY CLERK'S OFFICE
SEE FILE 68 AND GRANICUS
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -20 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
27th day of March 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of March 2007.
(Seal)
bee "o -
City Clerk
Newport Beach, California