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ORDINANCE NO. 2016-19 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, ADDING TITLE 21 TO THE <br />NEWPORT BEACH MUNICIPAL CODE AND APPROVING THE <br />LOCAL COASTAL' PROGRAM IMPLEMENTATION PLAN, AS <br />MODIFIED BY THE CALIFORNIA COASTAL COMMISSION <br />WHEREAS, the California Coastal Act of 1976 (Coastal Act) established policies relating <br />to shoreline public access and recreation, lower cost visitor accommodations, terrestrial and <br />marine habitat protection, visual resources, landform alteration, agricultural lands, commercial <br />fisheries, industrial uses, water quality, offshore oil and gas development, transportation, <br />development design, power plants, ports, and public works; <br />WHEREAS, to achieve maximum responsiveness to local conditions, accountability, and <br />public accessibility, the Coastal Act relies heavily on local government and local land use <br />planning procedures and enforcement through the preparation of Local Coastal Programs <br />(LCP); <br />WHEREAS, an LCP is comprised of two parts that may be adopted together or <br />separately, a Land Use Plan and an Implementation Plan; <br />WHEREAS, the Land Use Plan portion of the City of Newport Beach's (City) LCP was <br />adopted in 2005 and certified that same year by the California Coastal Commission (Coastal <br />Commission); however, the Implementation Plan of the LCP was not completed; <br />WHEREAS, in 2001, the California Legislature approved Senate Bill 516, which <br />amended the Coastal Act to allow the County of Orange to exercise review authority pursuant to <br />its certified LCP over annexed areas until such time as the City receives approval and <br />certification from the Coastal Commission for its LCP; <br />WHEREAS, a public hearing was held on November 10, 2015, in the Council Chambers <br />located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the <br />hearing was given in accordance with the Newport Beach Municipal Code and California Public <br />Resources Code Section 30503. Evidence, both written and oral, was presented to, and <br />considered by, the City Council at this hearing. The City Council adopted Resolution No. 2015- <br />99, approving the LCP Implementation Plan and authorized City staff to submit the applications <br />for LCP Implementation Plan, adjustments to the inland boundary of the coastal zone and an <br />extension of the terms and conditions of Categorical Exclusion Order E-77-5 to the California <br />Coastal Commission for review and approval; <br />WHEREAS, on April 14, 2016, at the California Coastal Commission hearing in Santa <br />Rosa, California, the California Coastal Commission approved Minor Boundary Adjustment <br />2016-001. This action adjusted the coastal zone boundary in the City within the Buck Gully, <br />Amigos Way, Dover Shores, and Hoag Hospital areas, as well as in the following areas of <br />Upper Back Bay: The Bluffs, University Drive, La Salud, Bayview Commercial, Bayview <br />Residential, Mesa Drive, and along Private Road; <br />