HomeMy WebLinkAbout7.0 - Local Coastal Program Implementation Plan - PA2013-001 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 17, 2015 Meeting
Agenda Item No. 7
SUBJECT: Local Coastal Program Implementation Plan (PA2013-001)
PLANNER: Patrick Alford, Planning Program Manager
(949) 644-3235, palford@newportbeachca.gov
INTRODUCTION
The Draft IP is a regulatory document intended to implement the policies of the California
Coastal Act and the City's certified Coastal Land Use Plan. Staff has identified eight (8)
remaining key issues that present potential areas of disagreement with Coastal Commission
staff. These issues are summarized in "LCP Implementation Plan Key Issues" (Attachment No.
PC 1).
ENVIRONMENTAL REVIEW
This item is covered by the general rule that CEQA applies only to projects, which have
potential for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)).
PUBLIC NOTICE
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
Patrick J. Alford, Planning Program Manager *na i,r
ICP, Deputy Director
ATTACHMENTS
PC 1 LCP Implementation Plan Key Issues
The draft LCP Implementation Plan is also available in PDF format at the City of Newport Beach
Internet site at http://www.newportbeachca.gov/trending/projects-issues/other-important-
issues/local-coastal-program-certification/d raft-implementation-plan.
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Attachment No. PC 1
LCP Implementation Plan Key Issues
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LCP IMPLEMENTATION PLAN
Key Issues
ISSUE 1 COASTAL BLUFFS
The Coastal Act requires development to minimize the alteration of natural landforms,
and the City's Coastal Land Use Plan (CLUP) recognizes coastal bluffs as significant
BACKGROUND: scenic and environmental resources that are to be protected.
The City's Bluff (B) Overlay was adopted to implement the landform protection policies
of the General Plan and not those of the CLUP, which are generally morespecific.
Coastal Commission staff comments have generally focused on the B Overlay's three
development zones for principal structures, accessory structures, and minor accessory
structures.
They question whether the minimum bluff edge setbacks for bluff subject to marine
CCC POSITION: erosion are being maintained. They are also concerned about some of the minor
accessory structures that are permitted (e.g., walls, fences, and irrigation systems).
They also do not want these development areas to be perceived as guaranteed; that
development will be further restricted by safety, habitat protection, drainage/water
quality factors and as geologic conditions change over time.
While there may be some variation on individual properties, the B Overlay overall
implements the bluff protection policies of the CLUP. The Draft IP was also revised to
CITY RESPONSE: include cross references to other regulations on coastal/geologic hazards,
landscaping, swimming pools, natural landform projection, protective structures, and
scenic and visual quality protection.
RELEVANT IP 21,28,040
SECTIONS:
ISSUE 2 COASTAL CANYONS
The new Canyon (C) Overlay would apply to properties along Buck Gully and Morning
BACKGROUND: Canyon. The C Overlay based on General Plan Natural Resources Policy NR 23.6. It
would codify the "stringline setback" procedure that has been in practice since 2007.
Earlier Coastal Commission staff comments suggested that they would like to
establish a "canyon edge' setback and that existing development on canyon faces
should be pulled back over time. However, recent Coastal Commission staff
CCC POSITION: comments have been on the appropriateness of the stringline method to limit
development on the bluff face. They also have questioned a provision that would allow
modification or replacement of existing development that extends beyond the stringline
setback with like structures in the same development footprint.
CLUP Policy 4.4.3-18 calls for using the stringline to restrict development from
extending beyond the Predominant Line of Existing Development (PLOED). The
CITY RESPONSE: provision for existing development recognizes that these structures exist and will
continue to be repaired and maintained. Allowing modification and replacement
presents the opportunity to at least implement some LCP standards (i.e., habitat
buffers, appropriate landscaping and irrigation, water quality BMPs, etc.).
RELEVANT IP 21.28.050
SECTIONS:
1
LCP IMPLEMENTATION PLAN
Key Issues
ISSUE 3 PRIORITY LAND USES
The Coastal Act and the City's CLUP require that visitor-serving commercial
recreational and coastal-dependent land uses have priority over other land uses.
These policies are primarily implemented through the CM (Commercial Recreational
and Marine) Coastal Zoning District and the CV (Commercial Visitor-Serving) Coastal
BACKGROUND: Zoning District. The CM District is intended to provide for areas on or near the
waterfront that will encourage the continuation of coastal-dependent and coastal-
related uses. The CV District is intended to provide for areas appropriate for
accommodations, goods, and services intended to serve visitors.
The Draft Implementation Plan (IP) land use tables contain notes stating these uses
will have priority over other uses.
The language in the table notes is not sufficient. They question how the City will
CCC POSITION: respond to projects in these districts that do not provide priority uses. They want to
further narrow the range of allowed land uses (e.g., not allowing offices and other non-
priority uses).
All coastal development permits (CDPs) will be reviewed for consistency with the
purpose and intent of the zoning district. CDPs for physical development will be
CITY RESPONSE: reviewed to ensure that the design can accommodate the uses intended for the zoning
district. CDPs for land uses will be reviewed on a case by case basis to determine if
the proposed use is consistent with the purpose and intent of the zoning district.
RELEVANT IP Table 21.20-1 (Note 4), Table 21.20-2 (Note 6), Table 21.22-2 (Note 5), Table 21.20-1,
SECTIONS: Table 21.20-1, Table 21.22-1, and Table 21.22-2
ISSUE 4 PREFERENTIAL PARKING DISTRICTS
The City has only existing preferential parking zone (Newport Island established in
BACKGROUND: 1981) in the Coastal Zone. CLUP Policy 3.1.6 -2 requires a CDP to establish a new, or
modify an existing, referential parking zone.
CCC POSITION: Coastal Commission staff wants the Draft IP to require a LCP amendment in order to
establish a new preferential parking district.
Requiring a LCP amendment for a new or modified preferential parking zone is not
consistent with CLUP Policy 3.1.6-2.
The section of preferential parking was revised to include a finding that the
establishment of the preferential parking zone will not have a direct impact to coastal
CITY RESPONSE: access. In order to make this finding, the Draft IP now requires that there be
substantial evidence in the record that the public's rights of access to, and along the
shoreline and coastal blufftops are not directly impacted, including impacts to the use
and capacity of public parking. There must also be substantial evidence in the record
that that consideration was given to the availability of, and opportunities for, alternative
modes of transportation.
2
LCP IMPLEMENTATION PLAN
Key Issues
RELEVANT IP 21.40.145
SECTIONS:
ISSUE 5 BEACH CURFEWS
The City has restricted public use of the beaches since 1947.
BACKGROUND: The Coastal Commission's 1994 guidance document recognizes curfews adopted
prior to February 1, 1973 as grandfathered and allows for the adoption of new
regulations pursuant to the guidance document.
Coastal Commission staff wants language on current beach closure regulations (i.e.,
curfews) incorporated in the Draft IP along with a requirement that any changes to
existing regulations would require a CDP.
CCC POSITION:
NOTE: A CDP modifying beach curfew would certainly be appealable to the Coastal
Commission or have to be approved by the Coastal Commission, if they retain original
permit jurisdiction on the beaches.
CITY RESPONSE: The current beach closure regulations are grandfathered and, therefore, not subject to
Coastal Commission review.
RELEVANT IP 21.48.055.E (New)
SECTIONS:
ISSUE 6 PERMIT AND APPEAL JURISDICTION MAPS
The Permit and Appeal Jurisdiction Maps establish the boundaries of the Coastal
BACKGROUND: Zone, appeals areas, exclusion areas, deferred certification areas, and other coastal-
related areas within the Coastal Zone in the City.
CCC POSITION: Coastal Commission staff maintains that their Mapping Unit is responsible for the
preparation of these maps.
The City provided the Mapping Unit with all the GIS data used to produce the Permit
CITY RESPONSE: and Appeal Jurisdiction Map in February 2015. As of this time (Sept. 2015), the City
has not received any substantive response.
RELEVANT IP 21.12.020 and 21.14.045
SECTIONS:
ISSUE 7 CONTINUATION OF THE CATEGORICAL EXCLUSION ORDER
The Coastal Act allows the Coastal Commission to create categorical exclusion
orders, which exempt types of projects that do not have the potential to create a
significant adverse effect on coastal resources or on public access. The City was
BACKGROUND: granted a categorical exclusion order (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.
Pursuant to the Coastal Act, the Cat Ex will automatically terminate after the LCP is
3
LCP IMPLEMENTATION PLAN
Key Issues
certified. Coastal Commission staff has indicated that they will support reaffirming the
categorical exclusion order that would be considered after certification of the LCP.
It is uncertain if all areas covered by the current categorical exclusion will continue to
CCC POSITION: be exempted under a new categorical exclusion order. For example, Coastal
Commission staff has stated that continuation of the Cat Ex for Buck Gully and
Morning Canyon would be "problematic."
CITY RESPONSE: No changes to the Cat Ex are proposed.
RELEVANT IP 21.52.045
SECTIONS:
ISSUE 8 SEA LEVEL RISE
In the ten years since the CLUP was certified, sea level rise has emerged has
emerged as a significant Coastal Commission issue. While the CLUP does have
BACKGROUND: several policies that address sea level rise, it does not address the issue to the extent
suggested by the Coastal Commission Sea Level Rise Guidance document, which
was adopted on August 12, 2015.
Coastal Commission staff will review the Draft IP for consistency with Sea Level Rise
CCC POSITION: Guidance. The Draft IP should incorporate as much of Sea Level Rise Guidance as is
possible.
The Draft IP requires that sea-level rise as a factor in coastal hazard reports, in slope
stability analyses and erosion rate estimate reports, and in public access design. In
addition, a Sea Level Rise Appendix was added that outlines what the City has done
to date and an action plan for addressing sea level rise in the future.
CITY RESPONSE:
It would be unfair and inappropriate to require the City to stop the LCP certification
process at this late stage in order to conduct the significant and extensive data
collection, technical analyses, risk assessment, and policy reassessments necessary
to address sea level rise.
RELEVANT IP 21.30.015.C, 21.30A.050.A, and Appendix A (New).
SECTIONS:
4
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Local Coastal
Program Certification
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Planning Commission �Q e
Study Session
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
SFW POkT
Keyissues
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Coastal Bluffs City of Newport Beach
Coastal Canyons Local Coastal Program
Priority Land Uses
Preferential Parking
Beach Closures
Jurisdiction Maps
Cat Ex Implementation Plan
PUBLIC REVIEW DRAFT 2
September 2015
Sea Level Rise
09/17/15 Community Development Department- Planning Division 2
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Coastal Bluffso.
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Issues
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Development Areas
Accessory structures (Areas C)
Starting point, not guaranteed
Bluff Edge Setbacks
25-ft for principal structures
10-ft for accessory structures
09/17/15 Community Development Department- Planning Division 4
Issue :
Development Areas
09/17/15 Community Development Department- Planning Division
Issue :
Development Areas ( Cont . )
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09/17/15 Community Development Department- Planning Division
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
SFW POkT
Development O�` �^
If)4iN
Adjustment ,
Safety
Erosion rates
F
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Protective devices
Compatibility
Public view impacts
Sensitive habitats
09/17/15 Community Development Department- Planning Division 7
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Bluff 17. dge Setbacks
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09/17/15 Community Development Department- Planning Division 8
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Bluff Edge Setbacks ( Cont . )
09/17/15 Community Development Department- Planning Division 9
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
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Proposed
Overlay Map
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Name c-t canyon Ovenzy_iPI February 2015
09/17/15 Community Development Department- Planning Division ii
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Coastal Canyons :
Issues
Stringline Setback Method
Structures Extending Beyond the
Stringline
09/17/15 Community Development Department- Planning Division lz
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Development S •
Method
Bluff edge setback? �<
Contour lines?
fir
PLOED?
Stringline?
n
09/17/15 Community Development Department- Planning Division 13
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Existing Structures
Development beyond _ 4
the stringline
May be replaced with
like structures
50% exterior wall limit ra.
yy 261
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09/17/15 Community Development Department- Planning Division 14
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Priority Uses
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
SFW POkT
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Coastal -Dependent/Coastal- Related
Commercial Recreational/Marine (CM ) District
Visitor-Serving/Recreational
Commercial Recreational/Marine (CM ) District
Commercial Visitor-Serving (CV) District
Mixed-use Districts on Peninsula/Balboa Is .
09/17/15 Community Development Department- Planning Division 16
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
CM District
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09/17/15 Community Development Department- Planning Division 17
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
CV District
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09/17/15 Community Development Department- Planning Division i8
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Peninsula/Balboa •
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09/17/15 Community Development Department- Planning Division 19
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Land Use Regulations
Implementing priory requirements through CDPs
Allowing non-priority uses
Public/private schools
Financial institutions
Business offices
Medical/dental offices
PC Districts
Bayview
Balboa Bay Club
Lido Peninsula
09/17/15 Community Development Department- Planning Division 20
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
OR
RESIDENTS AND
GUESTS ONLY
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Preferential
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Preferential Parking
Districts
Only one currently
Newport Island
_71 -
New Districts
CDP required }
r
Protect quality of life
r, s
alleviate traffic, noise,
etc. .
No direct impact to
coastal access
09/17/2015 Community Development Department- Planning Division 22
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Future Districts
CCC Comments
Identify all proposed districts and provide
justification or
Require a LCP amendment
CLUP Policy 3 . 1 . 6-2
CDP to approve or modify a district
09/17/2015 Community Development Department- Planning Division 23
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Balboa
s! :-i-
9
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09/17/2015 Community Development Department- Planning Division 24
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
k.
IRKING LOT '
8
BEACH
CLOSED
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SEW PO�,T
Beach ~ n
Cq</FO RN P
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Existing Regulations
CCC Comments
Incorporate current regulations
Future changes require a CDP
09/17/2015 Community Development Department- Planning Division 26
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Beach Closures
1994 CCC Guidance Document
Beach curfew enacted/enforced prior to 1973
not subject to Coastal Act review
City has regulated the use of the public
beaches at night since 1947
09/17/2015 Community Development Department- Planning Division 27
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
NOTICE F
PENDING PERMIT
A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS
PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION.
PROPOSED DEVELOPMENT: Re m0ft of the exisdna amss
N M Elemenlary.the inslallptq,I f CMU walls
_w_Ith a decorative can and fence where Indicated on Dlans.and the
Installabon fM to stairs to acoess the
LOCATION:Newport Elementary 50ool 1327 W.Ocean Front
APPLICANT: CIN of Newport Beach
APPLICATION NUMBER: CD2014,001
DATE NOTICE POSTED:
FOR FURTHER INFORMATION, PLEASE PHONE OR WRITE THE
OFFICE LISTED BELOW BETWEEN 8 A.M.AND 6 R.M.,WEEKDAYS.
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFOE
200 OCEANGATE.10^FLOOR
LONG BEACH,CA 9W024IM
(6e2)590-m,
wuxrax mLowsrocxuxo
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Permit U
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Permit and Appeal •
Jurisdiction Maps
11
Issue :
First Public Road
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Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
CA Code of Regulations
Section
First Public Road Paralleling the Sea
Lawfully open to uninterrupted public use and is suitable
for such use;
Publicly maintained ;
Is an improved , all-weather road open in at least one
direction ;
Is not subject to any restrictions; and
■ Does in fact connect with other public roads providing a
con inuous access s s em , and generally parallels an
tol lows TF3-775751 ine of the sea.
09/17/2015 Community Development Department- Planning Division 31
Balboa Island/Coronado
Comparison
BALBOA ISLAND CORONADO
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CA OA ISLAND
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09/17/15 Community Development Department- Planning Division 32
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Permit Jurisdiction
eay
i
300from bluff 300' from bluff
1. L ,.•.r�
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it First Public Rtl� • • ' r' a' m
First Public Rd.
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300' from bliff
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! ` CITY OF NEWPORT BEACH
onurot CWx , c<uroxxin
DO' from beach /
First Public Rd.
09/17/15 Community Development Department- Planning Division 33
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Draft 1111
ost
Certification
,
IIEOI ATORY AND JUMSMPONAL lWMO}WSS
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09/17/15 Community Development Department- Planning Division 34
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
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C'9CI FOR��P
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Irvine Terrace
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09/17/15 Community Development Department- Planning Division 36
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Canyon Areas
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09/17/15 Community Development Department- Planning Division 37
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Sea Level Rise
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
SL1. 11111 • / e is
Follows Coastal Act polices
Minimize hazards (avoidance) ft
',, CALIFORNIA COASTAL COMMISSION
IDANCE
Maximize protection of public SEA LEVEL RiSEPOLICYGUssing
Interpretive Guidelines for Addressing
access, recreation , and resources andSea CostaLevel l Din LocalCoastalPer Programs
and Coastal Development Permits
" Best Available Science"
Assumes 5.5 ft. rise by 2100
■ Addressing SLR i n L C P s and NANIMOus�r AUOMD-Au un 12 2 1
� n OS
CDPs
■ Adaptation Strategies
09/17/15 Community Development Department- Planning Division 39
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Adaptation Strategies
Protect Protect,
• Hard protection
• Soft protection/living shorelines
Accommodate:
Accommodate Protea otelculturol barriers for
• Siting and design standards flood protection
• Retrofit existing structures
• Stormwater management Hybrid.
'a ommodate over short-term,
cate over
Update land use designations and
Retreat zoning- R ordinances
• Redevelopment restrictions
• Permit conditions
Retreat:
Limit new development in
Y r I d hazardous areas and areas adjacent
\,,/ to wetlands,FSH 4"other habitats
• Removal of vulnerable development
• Promote preservation and
conservation of open space
09/17/2015 Community Development Department- Planning Division 40
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Projected
Flooding
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Longer gooddUmhrn one dwpe,food mpns im the e.m..l N.nm.
09/17/15 Community Development Department- Planning Division 41
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
Scope of Work
Data/Modeling
Multi-scenario Impact Analysis
Flooding and inundation
Wave impacts
Erosion
Sediment supply
Saltwater Intrusion
LCP Update
09/17/2015 Community Development Department- Planning Division 42
Planning Commission - September 17, 2015
Item No. 7a: Additional Materials Presented at Meeting
001 )
LCP Update
Land uses
Development regulations
Public access
Views and visual quality
■ Habitats
09/17/2015 Community Development Department- Planning Division 43
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For more information contact:
Patrick J. Alford, Planning Manager
949-644-3235 ipp
PAlford@newportbeachca.gov
www.newportbeachca.gov