HomeMy WebLinkAbout5.0 - Local Coastal Program Implementation Plan - PA2013-001 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 8, 2015 Meeting
Agenda Item No. 5
SUBJECT: Local Coastal Program Implementation Plan (PA2013-001)
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
ABSTRACT
The draft Local Coastal Program (LCP) Implementation Plan is a regulatory document
intended to implement the policies of the California Coastal Act and the City's certified
Coastal Land Use Plan (CLUP).
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. recommending City Council approval of LCP
Implementation Plan (Attachment No. PC 1).
INTRODUCTION
The Coastal Act
The Coastal Zone Conservation Act was established by voter initiative in 1972
(Proposition 20) and made permanent by the Legislature as the California Coastal Act
of 1976 (Coastal Act). The Coastal Act includes specific policies that address issues
such as shoreline public access and recreation, lower cost visitor accommodations,
terrestrial and marine habitat protection, visual resources, landform alteration,
agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and
gas development, transportation, development design, power plants, ports, and public
works.
The California Coastal Commission
The California Coastal Commission (Coastal Commission) is an, independent, quasi-
judicial state agency. It is comprised of twelve (12) voting members, appointed equally
(four each) by the Governor, the Senate Rules Committee, and the Speaker of the
Assembly. Six (6) of the voting commissioners are locally elected officials and six (6)
are appointed from the public at large.
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LCP Implementation Plan
October 8, 2015
Page 2
Local Coastal Programs
Pursuant to the Coastal Act, each local government lying, in whole or in part, within the
coastal zone is required to prepare a local coastal program for that portion of the coastal
zone within its jurisdiction. After a LCP is adopted locally, the LCP must be certified by
the Coastal Commission.
A LCP consists of a land use plan and an implementation plan. A land use plan
indicates the kinds, location, and intensity of land uses, the applicable resource
protection and development policies. The implementation plan consists of the zoning
regulations, maps, and other legal instruments necessary to implement the land use
plan. The first part of the LCP, the Coastal Land Use Plan (CLUP), was certified in 2005
and a major update was certified in 2009.
DISCUSSION
LCP Implementation Plan
The draft LCP Implementation Plan (Draft IP) was drafted by the Planning Division staff
under the direction of the City's General Plan/Local Coastal Program Implementation
Committee (Attachment No. PC 2). The Draft IP contains regulations and procedures on
land use, property development, public access, resource protection, and administration.
Organization
The Draft IP uses the organization and terminology of the Zoning Code. It contains only
those Zoning Code land use and development regulations needed to implement the
policies of the Coastal Act and the CLUP. Other sections of the Municipal Code needed
to implement Coastal Act/CLUP policies were also incorporated; these include
regulations on water quality, landscaping, subdivisions, and harbor operations.
Land Use and Property Development
Zoning Code land use and property development regulations that are needed to
implement CLUP policies are carried over into the Draft IP (Chapters 21.18, 21 .20,
21.22, 21.26, and 21.30). In addition, new regulations for specific land uses, including
visitor accommodations, public beaches, public trust lands, and special events are
provided in Chapter 21.48.
Applicable land use and property development regulations for coastal zone planned
communities are incorporated into the Draft IP. Older planned communities that do not
have development plans have their approved site plans incorporated in Section
21.80.055.
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LCP Implementation Plan
October 8, 2015
Page 3
Coastal Development Permits
The Coastal Act requires a Coastal Development Permit (CDP) for most development
within the coastal zone. However, there are exceptions for common types of
development, such as improvements to existing structures, and repair and maintenance
projects; these exceptions are contained in Section 21.52.035.
The Zoning Administrator would have review authority for all CDPs, unless the project
also requires another discretionary approval (e.g., conditional use permit, variance,
etc.), in which case, the Planning Commission would have review authority. Zoning
Administrator decisions on CDPs can also be appealed to the Planning Commission.
The administrative provisions contained in Chapter 21.50 are summarized in Table 1
below.
TABLE 1
CDD Director Zoning Planning City Council Coastal
Administrator Commission Commission
Waivers for de CDPs within
minimis Appeals Appeals original permit
Waivers for development jurisdiction areas
existing SFDs and
other existing CDPs
structures
Appeals of CDPs
within appeal
CDPs with CDPs with CUPS, areas
modification variances, major CDPs with LCP
permits, minor site development amendments
use permits, review, etc.
Emergency CDPs minor site
development CDPs within
review, etc. deferred
certification areas
Public Access and Recreation
One of the major goals of the Coastal Act is to maximize public access to and along the
coast and maximize public recreational opportunities in the coastal zone.
The Draft IP establishes new standards and procedures for the protection and provision
of public access to and along the shoreline and recreational opportunities. These
standards/procedures are contained primarily in Chapter 20.30A.
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LCP Implementation Plan
October 8, 2015
Page 4
Resource Protection
Another major goal of the Coastal Act is to protect, maintain and, where feasible,
enhance and restore the overall quality of the coastal zone environment and its natural
resources.
The Draft IP contains standards and procedures for the protection of natural habitats
and other coastal resources. Some of them are based on existing regulations, such as
the Bluff Overlay. Others are new, including those protecting environmentally sensitive
habitat areas (ESHAs) and open coastal waters, wetlands, and estuaries. These
standards/procedures are contained primarily in Chapter 20.30B.
The Draft IP includes a new Canyon (C) Overlay District for Buck Gully and Morning
Canyon areas. The C Overlay implements a stringline setback for development that has
been in effect since 2007. The stringline setback limits development on canyon faces by
establishing a development stringline where a line is drawn between the nearest
adjacent corners of existing principal and accessory structures on either side of the
subject property. The C Overlay is contained in Chapter 21.28.
The Draft IP includes a procedure to insure that new development is designed to protect
the scenic and visual qualities of the coastal zone. If an initial evaluation determines that
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. This procedure is contained in Section 21.30.100.
To protect coastal zone historical and cultural resources, the Draft IP requires an initial
evaluation for projects that are located within or near known paleontological,
archaeological, and historical sites. If the initial evaluation determines that there is the
potential for a significant impact, additional site specific studies may be required. These
procedures are contained in Section 21.30.105.
Priority Land Uses
The Coastal Act establishes priority for coastal-dependent, coastal-related, visitor-
serving, and recreational development over other development on the coast.
The Draft IP addresses priority uses primarily through existing zoning districts. The
Commercial Recreational and Marine (CM) Coastal Zoning District provides areas for
commercial development on or near the waterfront that will encourage the continuation
of coastal-dependent and coastal-related uses. The Commercial Visitor-Serving (CV)
Coastal Zoning District provides areas for accommodations, goods, and services
intended to serve primarily visitors to the City. The mixed-use coastal zoning districts
(MU-W2, MU-V, and MU-CV/15t' St) on Balboa Island and on the Balboa Peninsula
also give priority to visitor-serving and recreational land uses.
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LCP Implementation Plan
October 8, 2015
Page 5
Cat Ex
The Coastal Act also allows the Coastal Commission to create categorical exclusion
orders (Cat Ex), which exempts categories of development that do not have the
potential to create a significant adverse effect on coastal resources or on public access.
The City was granted a Cat Ex in 1977 that excludes single-unit and two-unit projects
from CDP requirements, with the exception of the first row of lots on the shoreline. The
terms and conditions of the Cat Ex are contained in Section 21.52.045.
Pursuant to the Coastal Act, the categorical exclusion order will automatically terminate
after the LCP is certified. The Coastal Commission staff has indicated that they will
support reaffirming the categorical exclusion order that would be considered after
certification of the LCP. However, it is uncertain if all areas covered by the current
categorical exclusion will continue post-certification.
Permit and Appeal Jurisdiction
After certification of a LCP, the Coastal Commission retains original permit jurisdiction
over submerged lands, tidelands, and public trust lands and has appellate authority over
development approved by local government in specified geographic areas. The Coastal
Commission is responsible for the preparation of maps depicting where the Coastal
Commission retains permit and appeal jurisdiction. These maps will be adopted by the
Coastal Commission following the certification of the LCP.
Staff has created maps depicting the approximate boundaries of original permit
jurisdiction and appeal areas (Attachment No. PC 3).
Coastal Commission Collaboration
The City worked cooperatively with Coastal Commission staff on the Draft IP. Beginning
in 2012, City and Coastal Commission staff identified key issues and exchanged ideas
on methods to address them. After the public review draft was released in February
2015, a series of meetings were conducted to review Coastal Commission staff
comments specific Draft IP sections and issue topics.
Public Outreach
The Coastal Act calls for maximizing opportunities for the public and all affected
governmental agencies to participate in the preparation and certification of LCPs. To
that end, in January 2015, the City distributed various forms of notice announcing the
availability of draft LCP Implementation Plan and inviting all interested persons to attend
LCP community meetings.
LCP Implementation Plan
October 8, 2015
Page 6
The City conducted four (4) community meetings in February and March, 2015. The
Harbor Commission conducted a study session on May 13, 2015, and the Planning
Commission held study sessions on April 23, September 3, and September 17, 2015.
The General Plan/Local Coastal Implementation Committee meetings were also open to
the public and they met nineteen (19) times over a 28-month period.
Coastal Zone Boundary Adjustments
The coastal zone boundary was established by the adoption of the Coastal Act;
therefore, to add or remove an area from the coastal zone requires an amendment to
the Coastal Act either by the Legislature or ballot initiative. However, the Coastal Act
does allow the Coastal Commission to make limited adjustments to the boundary of the
coastal zone to avoid bisecting any single lot or parcel or to conform it to readily
identifiable natural or manmade features. Such adjustments are limited to a maximum
distance of two hundred (200) yards.
The City intends to submit a request for boundary adjustments to the Coastal
Commission. Maps depicting the proposed adjustments are provided as Attachment No.
PC 4.
Revisions to the Second Public Review Draft IP
Staff has minor revisions to the Second Public Review Draft IP that should be
incorporated into the City Council public hearing draft. These changes are provided in
redline/strikeout form in Attachment No. PC 5.
Additional maps were also added to the Coastal Zoning Map to provide land use
descriptions and sub-area boundaries per the recommendation of Coastal Commission
staff. These maps are provided in Attachment No. PC 6.
ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality
Act (CEQA), the proposal is statutorily exempt from CEQA pursuant to Section 15265(a)
(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act.
PUBLIC NOTICE
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the
City website; notice of public hearings were mailed to local governments and state and
federal agencies and all property owners in the coastal zone.
LCP Implementation Plan
October 8, 2015
Page 7
Prepared by: Submitted by:
Patrick J. Alford, Planning Program *aWisnesl(i, ICP, Deputy Director
Manager
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Draft LCP Implementation Plan (under separate cover)
Copies of the draft LCP Implementation Plan can be viewed at the Newport
Beach Civic Center, Community Development Department, Planning Division,
and at all branches of the Newport Beach Public Library. The draft LCP
Implementation Plan is also available in PDF format on the City of Newport
Beach Internet site at http://newportbeachca.gov/LCPCert.
PC 3 Approximate Boundaries of Original Permit Jurisdiction and Appeal Areas
PC 4 Proposed Coastal Zone Boundary Adjustments
PC 5 Revisions to the Second Public Review Draft IP
PC 6 Coastal Zoning PC District Maps
2
Attachment No. PC 1
Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL APPROVAL OF THE LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN (PA2013-001)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. 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.
2. In order 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.
3. 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.
4. 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.
5. 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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 Chapter 3 of the Coastal Act
because CEQA does not apply to a local government's preparation and adoption of a
local costal program.
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Planning Commission Resolution No.
Page 2 of 4
SECTION 3. FINDINGS.
1. 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.
a. 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 and inviting all interested persons to attend
upcoming LCP community meetings.
i. A mailer to all property owners in the coastal zone.
ii. Display ads published in the Daily Pilot newspaper.
iii. A news release.
iv. Posting on the City's social media sites.
V. A City E-mail news alert.
vi. A letter mailed to community associations.
vii. Notice of Availability to local governments and state and federal agencies.
viii. Notice to any member of the public who so requested.
b. Community meetings on the Draft Implementation Plan were conducted on
February 11, 2015, February 18, 2015, February 25, 2015, and March 4, 2015.
c. The Harbor Commission held a study session on the Draft Implementation Plan
on May 13, 2015.
d. The Planning Commission held study sessions on the Draft Implementation Plan
on April 23, 2015, September 3, 2015, and September 17, 2015.
e. Notice of the availability of the Public Hearing Draft of the LCP Implementation
Plan and public hearings was mailed to local governments and state and federal
agencies on September 23, 2015.
f. Notice of public hearings was mailed to all property owners in the coastal zone.
g. Notice of the Planning Commission public hearing was published in the Daily Pilot
as an eighth page advertisement, consistent with the provisions of the Municipal
Code.
2. Pursuant to the Coastal Act, the City actively consulted and collaborated with Coastal
Commission staff during the preparation of the LCP Implementation Plan.
3. 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.
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Planning Commission Resolution No.
Page 3 of 4
4. The LCP Implementation Plan conforms with, and is inadequate to carry out, the
provisions of the certified Coastal Land Use Plan.
5. The LCP Implementation Plan will be carried out fully in conformity with the Coastal Act.
6. The LCP Implementation Plan shall not become effective until approval by the Coastal
Commission and adoption by ordinance by the City Council of the City of Newport Beach.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of the Local Coastal Program Implementation Plan as attached in
Exhibit A, and incorporated herein by reference.
2. The Planning Commission recommends City Council authorization for the Community
Development Director to submit the Local Coastal Program Implementation Plan to the
Executive Director of the Coastal Commission for certification.
PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER, 2015.
AYES: NONE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
BY:
Kory Kramer, Chair
BY:
Peter Koetting, Secretary
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Planning Commission Resolution No.
Page 4 of 4
EXHIBIT A
Draft Local Coastal Program Implementation Plan
PC Draft 1
(Available separate due to bulk)
1L4
Attachment No. PC 2
Draft LCP Implementation Plan (under separate cover)
Copies of the draft LCP Implementation Plan can be
viewed at the Newport Beach Civic Center, Community
Development Department, Planning Division, and at all
branches of the Newport Beach Public Library. The draft
LCP Implementation Plan is also available in PDF format
on the City of Newport Beach Internet site at
http://newportbeachca.gov/LCPCert.
15
10
Attachment No. PC 3
Approximate Boundaries of Original Permit
Jurisdiction and Appeal Areas
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I / -_- In some areas parcels are bisected by Post-Local Coastal Pro ram
r ---.---- the appeal jurisdiction boundary.All g
it % development proposed within the appealable Implementation Plan
.I ! area is subject to the Coastal Commission's
I; /f jurisdiction.In addition,if a development is
i! %% proposed partly on the portion of the parcel that Approximate Boundaries of Permit
forms the basis for geographic appeal
jurisdiction,and partly on the remainder Jurisdiction and Appeal Areas
I
P. - -1 - of the parcel and the Coastal Commission decide Map 1 of 3
I -/%--- to hear the appeal,then the Coastal Commission
reviews the action of the City of Newport Beach
j develo(§30603(a)),
men which encompasses all the D RA F T
development that was authorized in the permit.
�'`�• .�\`� / In addition to these geographic areas of appeal
jurisdiction,the following types of development Revision Date: 08/27/2015
are appealable throughout the coastal zone
pursuant to P.R.C.§30603(a)(4)and(a)(5):
�:•• Permit Jurisdiction Land
••�,, f L Any development approved by a county
'•�, / / that is not designated as a principal permittedC3 Permit Jurisdiction Water
'••N. 1 , ! use under zoning approved pursuant to the
applicable LCP; This area includes submerged lands below the
'•�;, I 2. Any development that constitutes a major mean high tide line or lands where the public trust
%\:. 1 Newport Banning Ranch` ! 3 public works project or a major energy facility. may exist.
m
�._ ( n) Appeal Jurisdiction
Deferred Certlficatio -
/
\ L oeP This area includes lands between the sea and
the designated first public road paralleling the
sea or 300'from the inland extent of an Y beach
or of the mean high tide line if there is no beach.
Newp
Shoreo' 1 '- \'� i 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.
/S, ® Legend
— Local Coastal Zone Boundary
iNO,�/
/ O gf
\ ✓ ° y;. — — City Boundary
Blue Line Stream
This map has been prepared to show where the �' / O Defined Extent for Appeal Area
California Coastal Commission retains post-LCP
certification permit and appeal jurisdiction pursuant S - First Public Road
to P.R.C.§30519(b),and§30603(a)1 and(a)2. d �o
300 ft From Beach
30613.(a)The provisions of subdivision(b)of y
Section 30519,subdivision(b)of Section 30600, 300 ft From MHTL
and subdivision(b)of Section30610.5,which _ (Mean Hien Tide anal
apply to lands subject to the public trust shall not j — 100 ft From Stream
apply to any lands which may be subject to the
public trust but which the commission,after •� r� — — — 100 ft From Wetland
consultation with the State Lands Commission,
determines are(1)filled and developed and 300 ft From Bluff Edge
are(2)located within an area which is committed
to urban uses.
In addition,developments may also be appealable KEY MAP
pursuant to P.R.C.§30603(a)(3),(a)(4)and(a)(5). "y or
If questions arise concerning the precise location c°a`a M°aa
of the boundary of any area defined in the above ity or ficvine
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 ePeoifi oar,
lands where post-LCP certification permit and appea city or
jurisdiction is retained by the Coastal Commission. LaWca Beach
City of Newport Beach (West Newport Area) a 2,000
- Feet
oocamem Name:LCP2015_ wash Newport Au,a 2015 N 2
In some areas parcels are bisected by
the appeal jurisdiction boundary.All Post-Local Coastal Program
1 development proposed within the appealable Implementation Plan
'\ area is subject to the Coastal Commission's
jurisdiction.In addition,if a development is
s proposed partly on the portion of the parcel that
N.. ,�• forms the basis for geographic appeal Approximate Boundaries of Permit
�...Y..<; jurisdiction,andpartly on the remainder Jurisdiction and Appeal Areas
the
of the parcel and the Coastal Commission decide
CENTEq \"• m to hear the appeal,then the Coastal Commission Map 2 of 3
opt t, reviews the action ofthe City Newport Beach
encompasses
(§30603(a)),which encompasss es all the
m development that was authorized in the permit. DRAFT R n CT
$ Q In addition to these geographic areas of appeal
jurisdiction,the following types of development Revision Date: 08/27/2015
N? "1 are appealable throughout the coastal zone
7 '•\ pursuant to P.R.C.§30603(a)(4)and(a)(5):
1. Any development approved by a county V./)� Permit Jurisdiction Land
,,`oAsr °r that is not designated as a principal permitted t;Gd Permit Jurisdiction Water
o� use under zoning approved pursuant to the rico
y applicable LCP; This area includes submerged lands below the
Nieh 2. Any development that constitutes a major mean high tide line or lands where the public trust
hq y / tip„
public works project or a major energy facility. maexist.
Y
a ESE vor
Appeal Jurisdiction
� 1
y'- � `"•�:._ ��, This area includes lands between the sea and
oP the designated first public road paralleling the
O Fe ' -! sea or 300'from the inland extent of any beach
F'i - 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.
9
Legend
— Local Coastal Zone Boundary
OffieN City Boundary
- '—' Blue Line Stream
This map has been prepared to show where the �l_ Defined Extent for Appeal Area
California Coastal Commission retains post-LCP First Public Road
o-
certification permit and appeal jurisdiction pursuant � ,�, ,j/
to P.R.C.§30519(b) and§30603(a)1 and(a)2. ` � _ 300 ft From Beach
30613.(a)The provisions of subdivision(b)of �(�
Section 30519,subdivision(b)of Section 30600, , - 300 ft From MHTL
and subdivision(b)of Section30610.5,which d2 - �` % )Mean High ride Lire)
apply to lands subject to the public trust shall not 100 ft From Stream
apply to any lands which may be subject to the >.� e V"
public trust but which the commission,after �' �'� — — — 100 ft From Wetland
consultation with the State Lands Commission, -
determines are(1)filled and developed and 300 ft From Bluff Edge
are(2)located within an area which is committed
to urban uses. 1
In addition,developments may also be appealable KEY MAP
pursuant to P.R.C.§30603(a)(3),(a)(4)and(a)(5). C111 I.
If questions arise concerning the precise location
of the boundary of any area defined in the above -e�onNme
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. •_•_•_t
This map may be updated and may not include all Peoific or
lands where post-LCP certification permit and appea
jurisdiction is retained by the Coastal Commission. r j' Lae`"a Beach
City of Newport Beach (Harbor Area) a 2,000
_ Feet
oowmem N me:LCP2015_ A.,n 015 N �O
'� •'�• p h In some areas parcels are bisected by
4 the appeal jurisdiction boundary.All Post Local Coastal Program
development proposed within the appealable Implementation Plan
't7q area is subject to the Coastal Commission's
i FF, P jurisdiction.In addition,if a development is
proposed partly on the portion of the parcel that
forms the basis for geographic appeal Approximate Boundaries of Permit
Jurisdiction and Appeal Areas
jurisdiction,and partly on the remainder pp
of the parcel and the Coastal Commission decideE Map 3 of 3
to hear the appeal,then the Coastal Commission
t
reviews the action of the City of Newport Beach
development
which encompasses all the DRAFT
l' development that was authorized in the permit.
In additionto these geographic areas of appeal
jurisdiction,the following types of development Revision Date: 08/27/2015
\ %'""'� are appealable throughout the coastal zone
j �� o pursuant to P.R.C.§30603(a)(4)and(a)(5):
i }
1. Any development approved by a county V10 Permit Jurisdiction Land
that is not designated as a principal permitted C3 permit Jurisdiction Water
/% use under zoning approved pursuant to the
applicable LCP; This area includes submerged lands below the
2. Any development that constitutes a major mean high tide line or lands where the public trust
? >Pz�<+� / public works project or a major energy facility. may exist.
JN\Ne ! Appeal Jurisdiction
ry j 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
�� 1I 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
C '.t face of any coastal bluff.
Legend
Local Coastal Zone Boundary
fiICity Boundary I
Blue Line Stream
s, I
AVENUE % �.
m b Defined Extent for Appeal Area
This map has been prepared to show where the
California Coastal Commission retains post-LCP
certification permit and appeal jurisdiction pursuant First PUhIIC Road
to P.R.C.§30519(6),and§30603(a)1 and(a)2. e
j A �Dqp 300 it From Beach
30613.(a)The provisions of subdivision(b)of do ( \••. ��ti
Section 30519,subdivision(b)of Section 30600, N 300 ft From MHTL
(Mean High Tide Line)
and subdivision(b)of Section30610.5,which
apply to lands subject to the public trust shall not ` _ 100 ft From Stream
apply to any lands which may be subject to the
public trust but which the commission,after 100 ft From Wetland
consultation with the Slate Lands Commission,
r
determines are(1)filled and developed and p Ep - 1 From U
are(2)located within an area which is committed 30 Edge
OftF Bluff
to urban uses F j
In addition,developments may also be appealable \ .�..� .`Nrrq /
KEY MAP
pursuant to P.R.C.§30603(a)(3),(a)(4)and(a)(5). •� N• ao �: osiN City crr•—•—
If questions arise concerning the precise location �, - c "`rsa
coa,a
of the boundary of any area defined in the above et `'•. �• qN 4Ory j •cuy cf Iml„e
sections,the matter should be referred to the City —
of Newport Beach Community Development
Department and/or the Executive Director of the t \ •—
Coastal Commission for clarification and information. �-r�
This map may be updated and may not include all O `�-i-� P" f °crvar
lands where post-LCP certification permit and appeal T city of
jurisdiction is retained by the Coastal Commission. LaWca Beach
1
City of Newport Beach (Upper Newport Bay) 2,000
— Feet
oowme,n Name.LCP2015_aopeeiywmit upperNar-Ap taums N �2
" 1 A
-90
Attachment No. PC 4
Proposed Coastal Zone Boundary
Adjustments
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Document Name:CZe IP Upper Beck unwanifty
30
Attachment No. PC 5
Revisions to the Second Public Review
Draft IP
31
V�
QP
�P
Revisions to the Second Public Review Draft IP
Section 21.26.045 (Planned Community Coastal Zoning District Land Uses)
Newport Harbor Lutheran Church(PC-2).North Ford(PC-5),Sea Island(PC-21),
Westcliff Grove(PC-22),Corona del Mar Homes(PC-29),Villa Point Apartments(PC-
TABLE 21.26-3 30)
ALLOWED USES A Allowed
— Not allowed*
Land Use
See Part 7 of this Implementation Plan for land PC-2 PC-21 PC-22 PC-29 PC-30 PC-5 Specific Use
use definitions. Regulations
See Chapter 21.12 for unlisted uses. 4 4A
• , : .. _. o ..e..
Assembly/Meeting Facilities A
Section 21.48.065
Marine and Wildlife Preserves _ — A — — — — Section 21.48.075
Chapter 21.30B
Parks and Recreational Facilities
Active — — — — A —
Passive — A — — A —
Schools,Public and Private A(1)
Residential
Single-Unit Dwellings—Attached — A — A — A A
Single-Unit Dwellings—Detached — — — — A A —
Two-Unit Dwellings — A — A — A A
Multi-Unit Dwellings — A — A — — A
Home Occupations — A — A A A A
Visitor Accommodations, Residential
Short-Term Lodging — 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
Other
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).
Attachment No. PC 5
October 8, 2015
33
Revisions to the Second Public Review Draft IP
Newport Harbor Lutheran Church IPC-2), North Ford(PC-5),Sea Island(PC-21),
Westcliff Grove(PC-22),Corona del Mar Homes(PC-29),Villa Point Apartments(PC-
TABLE 21.26.3 30)
ALLOWED USES A Allowed
— Not allowed'
Land Use
See Part 7 of this Implementation Plan for land PC-2 PC-5 Specific Use
use definitions. PC-21 PC-22 PC-29 PC-30 Regulations
See Chapter 21.12 for unlisted uses. 4 4A
(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.
Section 21.26.055 (Planned Community Coastal Zoning District Development Standards)
B. Newport Harbor Lutheran Church (PC-5)
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.
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.
Attachment No. PC 5
October 8, 2015
34
Revisions to the Second Public Review Draft IP
4. Parking. Uses shall not generate parking needs beyond the 163 spaces
provided.
Section 21.28.050.D (Canyon Overlay— Existing Structures)
D. Existing Structures. Existing principal and accessory structures that extend beyond the
development stringline setback maybe modified or replaced with alike principal and
accessory structures PFG-ded d8-819P Me Rt FeMaIRS WithiR the fGStPF Rt Of the IRA Sit Rg
deFAGI t GA OF Feplaeement 9f A MGFe than fifty(59)peFGeAt Of the ei(48F OF Walls �thin any
ten (19) yeaF
deVelOpMeRt OF A91 Re se%baGk pursuant to Section 21.38.040 (H) (Nonconformity with
Coastal Resource Protection Regulations).
Section 21.30.110.0 (Setback Regulations and Exceptions - Alternative Setback Area
Location)
C. Alternative Setback Area Location. In cases where '..,. aptat QR Qf_p '-'
an4-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 consistent with surrounding properties. The
reorientation of setback areas is not applicable to the Bluff Overlay District and Canyon
Overlay District.
Section 21.44.045 (Vacations and Abandonments — Coastal Development Permit
Required)
B. Coastal Development Permit Required. The following types of .Vv_acations and
abandonments in the Coastal Zone shall require a coastal development permit-;
1. Conversion to Private Streets. The conversion of public streets to private
streets iq I;Fohibitad 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.
Section 21.70.020.0 (Definitions of Specialized Terms and Phrases — "C" Definitions)
"Change in the Intensity of Use of Land44om+&sWsn#W'means a change in the intensity of
use of land that FeElm Fes a PaFk Rg Fate 9f MeFe thaR eRe spaee peF W'G IRWAdled fifty(259)661waFe
feat of gi:nss bw Id R9 aFea n;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.
Attachment No. PC 5
October 8, 2015
35
Revisions to the Second Public Review Draft IP
Appendix A.II (Sea Level Rise — Introduction)
Th@ 2912 Wat.
:.._ti_g 6.,2052 .,..a...,.,.._r....p t....:..'...,.:., 47. cc,:R Q14QR by 24nn e.61.:�.:�n ��...,.,.. ...e....
Attachment No. PC 5
October 8, 2015
30
Attachment No. PC 6
Coastal Zoning PC District Maps
37
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Planning Commission - October 8, 2015
Item No. 5a: Additional Materials Received
Local Coastal Program Implementation Plan (PA2013-001 )
Subject: Additional Materials Received - 10/08/2015 PC Meeting
Attachments: 10_8_15 Comment Letter on LCPIP.pdf
From: Skov, Suzanne rmailto:sskovCaldaspinaument.coml
Sent: Thursday, October 08, 2015 12:57 PM
To: Alford, Patrick; Brandt, Kim
Subject: FW: PUBLIC COMMENTS: City of Newport Beach 10/8/15 Hearing on Local Coastal Program Implementation
Plan (PA2013-001)
Mr. Alford,
Attached please public comments regarding the LCPIP to be included in the record for consideration by the Planning
Commission.
Best regards,
Suzanne Skov
Suzanne E. Skov, Esq.
Daspin &Aument, LLP
120 Birmingham Drive, Suite 240D
Cardiff, CA 92007
Cell: (949)547-2638
Fax: (760)635-1475
sskov@daspinaument.com
www.daspinaument.com
This e-mail is intended solely for the use of the individual to whom it is addressed and may contain information that is
privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this e-mail is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient you are
hereby notified that any dissemination, distribution or copying of this communication, including any attachments
thereto, is strictly prohibited. If you received this communication in error, please immediately notify us by telephone,
return the original message to us at the listed e-mail address and delete the message from your system. Thank you.
1
Planning Commission - October 8, 2015
Item No. 5a: Additional Materials Received
Local Coastal PrograImplementat'on Plan (PA2013-001 )
120 Birmingham Drive, Suite 240 DASPIN AUMENT
Cardiff-by-the-Sea, California 92007 L L 1'
760.635.1465 ph 760.635.1475 fx
www.daspinaument.com Suzanne E. Skov
949.547.2638
sskov@daspinaument.com
October 8, 2015
Mr. Patrick Alford, Planning Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
palford@,newnortbeachca.gov
Via E-Mail
Re: Public Comments: Local Coastal Program Implementation Plan (PA2013-001)
Dear Mr. Alford
This firm represents Sabahoon Good Land Holdings, LLC and Kamari Bauer Land Holdings,
LLC ("Land Owner"). Land Owner respectfully requests that you include this letter in the
public comments for the City of Newport Beach ("City") Local Coastal Program Implementation
Plan (PA 2013-001) ("Plan") for consideration by the Planning Commission at the October 8,
2015 hearing concerning the Plan.
Land Owner is the owner of two vacant parcels in the City of Newport Beach identified as
Assessor Parcel Nos. 114-170-09 and 114-170-70 ("Property") and which are located within the
Banning Ranch Development Area. The land use designation for the Property in accord with the
City of Newport Beach General Plan ("General Plan") Figure LU8 is Open Space —Residential
Village. Under the Open Space —Residential Village designation, the Property may be developed
for residential uses.
According to Draft Map 1 of 3 of the Plan, the Banning Ranch Development Area is an area
designated as "Deferred Certification" and is thus not included in the Plan. However, the
Property is shown as within California Coastal Commission "Appeal Jurisdiction." Land Owner
requests that this inconsistency with the General Plan designation be corrected in the final map
prepared for the City Council's consideration because it does not take into account the Open-
Space—Residential Village General Plan land use designation.
The final Plan must show the Property as within the Newport Banning Ranch Deferred
Certification area and not within the "Appeal Jurisdiction" area . Otherwise the City would be
amending the General Plan causing a decrease in the value of the Property without due process
afforded to Land Owner and in violation of the State of California and City land use and zoning
statutes and regulations. Further, an amendment of the General Plan requires certain
200185.00001.22981247.1
Planning Commission - October 8, 2015
Item No. 5a: Additional Materials Received
Local Coastal Program Implementation Plan (PA2013-001 )
October 8, 2015
Page 2
statutes and regulations. Further, an amendment of the General Plan requires certain
procedures be followed and certain findings be made by the City, none of which are part of the
recommendations to the Planning Commission as set forth in the staff report prepared for the
Planning Commissions' consideration. In addition, an amendment to the General Plan requires
the City undertake review of the project pursuant to the California Environmental Quality Act,
which has not been done.
Land Owner appreciates the opportunity to comment on the Plan. Please include this firm, in
care of the undersigned, on the distribution list for any future notices concerning the Plan or the
Property.
S'; y,el
Suzanne E. ov
SES:
CC: Ms. Kimberly Brandt, AICP, Community Development Director
Kory Kramer, Planning Commission Chair
Tim Brown, Planning Commission Vice Chair
Peter Koetting, Planning Commission Secretary
Bradley Hillgren, Planning Commissioner
Ray Lawler, Planning Commissioners
Erik Weigand, Planning Commissioner
Peter Zak, Planning Commissioner
200185.00001.22981247.1
Subject: Additional Materials Received - 10/08/2015 PC Meeting
PLANNING COMMISSION —OCTOBER 8, 2015
ITEM NO. 5b: ADDITIONAL MATERIALS RECEIVED
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001)
From: Jim Mosher rmailto:jimmosher(&yahoo.coml
Sent: Monday, October 05, 2015 11:11 AM
To: Alford, Patrick
Subject: Comment on PC Agenda Item 5: LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001)
Patrick,
It seems very unlikely I will have a chance to review the LCP IP in any more than an extremely cursory fashion prior to
Thursday's Planning Commission hearing, but in glancing through the latest staff report:
htto://novusagendaoubl ic.newi)ortbeachca.gov/Attach mentViewer.ashx?AttachmentI D=8556&Item I D=7738
I noticed that in the changes to the previous draft, on handwritten page 34, in the proposed new Section 21.26.055.13
heading, Newport Harbor Lutheran Church is referred to as TC-5".
As indicated at numerous places in the preceding table it is actually"PC-2".
--Jim
t
UI
Local Coastal
Program Certification
Planning Commission
Public Hearing '
October 8, 2015
Planning Commission - October 8, 2015
ting
01 )
2014 CDPs
Projects subject to 145 NOTICE
CDPs
PENDING PERMIT
Cat Ex -57
A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS
PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION.
No. requiringPROPOSED DEVELOPMENT: Re-aradina of the existing grass
88
CDPs area south of Newport Elementary, the installation of CMU walls
with a decorative cap and fence where indicated on plans,and the
installation of two concrete stairs to access the grass area.
LOCATION:Newport Elementary School, 1327 W.Ocean Fron
Q Q t
CDPs V V APPLICANT: City of Newport Beach
APPLICATION NUMBER: CD2014-001
Waivers* -30 DATE NOTICE POSTED:
FOR FURTHER INFORMATION, PLEASE PHONE OR WRITE THE
V OFFICE LISTED BELOW BETWEEN 8 A.M.AND 5 P.M.,WEEKDAYS.
TOTAL 5R
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
2EA 10'"FLOOR
milk LONG
BEACH,CH,CA CA 90502-4402
(562)5905071
PRINT ON YELLOW STOCK CARO
10/08/15 Community Development Department- Planning Division 2
Planning Commission - October 8, 2015
ting
01 )
For More Information $ r,e
.c:.ente i �4 B ,: ,�.�,.,,�.mar, p Y� � City of Newport Beach
100 CNIC Center Drive,Newport Beach,CA 92660 Y � ;`"0° � � 3 q}
Z 1 LOCAL COASTAL
Local Coastal Program «c `'�1F�aN'' PROGRAM
Public Hearings CERTIFICATION
Opp>rtumoes to cwoto' r {
The
lementiconduct public hearings on d tes:he draftLCP
Implementation Plan on the following dates:
Thursday,October 8,2015
6:30 p.m.
Tuesday,November 10,2015
7 p.m.
Public hearings will be held in the Council Chambers at
100 Civic Center Drive,Newport Beach,92660.
Q aEW PDT
Public Participation U T
9�/FO FtN
Planning Commission - October 8, 2015
ting
01 )
Community Outreach
19 GP/LCP Committee Notice of Availability
meetings Press release
4 Community Meetings News Splash
Flyer mailed to all coastal
4 Study Sessions zone property owners
Informational brochure
Draft IP
City Hall
Public libraries
City website
10/08/2015 Community Development Department- Planning Division q
•X • • • - 1
UI
r
•
a
ti
4
M
I -
For more information contact: -
Patrick J. Alford, Planning Manager
949-644-3235
PAlford@newportbeachca.gov
www.newportbeachca.gov