No preview available
HomeMy WebLinkAbout22.61 PHASE III- WORK PROGRAM*NEW FILE* 22.67 PHASE III -WORK PROGRAM _-�M STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gommor CALIFORNIA631 �COASTAL COMMISSION fv pa^SAN FRANCISCO, CA 94105 pE♦�mcn"(415) 543-8555 ,n1 (�TDD ONLY (415) 896.1825CiN��� `Fs}CA 14 ctober 8, 1986 TO: STATE COMMISSIONERS AND INTER-ESTE-PARTIES FROM: ROBERT B. LAGLE, Deputy Director for Coastal and Ocean Resources GARY L. HOLLOWAY, LCP ADMINISTRATION SUBJECT: LCP STATUS REPORT This quarterly status report is for the 69 county and city local coastal programs (LCPs) mandated by the Coastal Act of 1976. Each LCP consists of a land use plan (LUP or Phase II) and implementation ordinances (Zoning or Phase III). Most local governments 'prepare these in two separate phases, but some are being prepared simultaneously as a total LCP. An LCP does not become final until both phases are certified, have been formally adopted by the local government, and are then "effectively certified" by the Commission. This means that the Commission concurs with the determination of the Executive Director that the LCP as adopted by the local governing body is legally adequate to meet the provisions of the Coastal Act. Once effective certification has occurred, the local government assumes,coastal permit — issuing authority. The Coastal Act allows local governments, with Coastal Commission approval, to divide their coastal zone into geographic segments, with a separate LCP prepared for each segment. For this reason, there are 129 LCPs being prepared, instead of 69. This figure of 129 is an increase of 3 since the July 1st Status Report, recognizing the new cities of Encinitas and Solana Beach in San Diego County and the recently — segmented Point St. George and Lopez Creek areas (now 2 separate segments) in Del Norte County. in addition, the Certified Port Master Plans are listed on page 7. There is an interim procedure which allows for the transfer of permit authority, whereby local governments may take over coastal permit review responsibilities within 120 days after the LUP portion has been effectively certified. Only the City of Pacifica currently uses this method. Current LCP Status To date, the Commission has reviewed and acted upon 109 land use plans (84% of the 129 LCP segments). Of these, the Commission has certified 90, and denied or certified with suggested modifications the other 19. Twenty—four of these LCPs or LUPs have portions or areas that are uncertified at this time, and are known as "areas of deferred certification". r —2— The Commission has acted upon 78 implementation (zoning) submittals (or 60% of the 129 segments). Of these, 52 have been approved, and the remaining 26 either rejected or approved with suggested modifications. Unlike the LUP portion of the LCP, there will not be 129 different zoning portions, because most local governments will implement their LUP segments using a single zoning ordinance which covers their entire coastal geographic area. To date, 49 total LCP segments (38% of the 129) have been effectively certified and these local governments are now issuing coastal development permits. This is an increase of one since the last Status Report of July 1, 1986, the Capistrano Beach segment of Orange County. Permit Takeover Forecast Current estimates indicate that an additional 3 LCP segments will be effectively certified by January 1st, 1987, meaning that local governments will be issuing coastal permits in 52, or 40% of the 129 segments. Protected LCP Submittal and Review Land Use Plans, Zoning and amendments will constitute most of the Commission's LCP workload during 1986 and 1987. Local Government Post -Certification Permit Activity The Commission, under both the Coastal Act and its federally approved program, has the responsibility to monitor and periodically evaluate local coastal permit activity. Local decisions made pursuant to an effectively certified LCP as well as decisions made by any jurisdiction having interim permit authority are monitored in the Commission's Post —Certification Program. Maintaining information on all coastal permit applications processed by local governments aids in evaluating the effectiveness of the regulatory process in meeting the objectives and goals of the certified programs. Statistics on local decisions Coastal Zone Management on a of 1982. The table below is permit and appeal activity fr Permits Approved have been reported to the federal Office of quarterly basis beginning with the second quarter a cumulative total of statewide local coastal om April 1, 1982 through June 30, 1986. # Appealable To Commission Appeals To Commission 2,678 1,798 63 ti —3— SUMMARY TABLE LCP Status by Jurisdiction (October B. 1986) LAND USE PLAN ZONING2 CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING JURISDICTION! PEND CM CERT PERMITS TOTAL PEND CM CERT PERMITS TOTAL SUMMARY NORTH COAST 2 1 15 0 18 4 1 0 13 18 NORTH CENTRAL COAST 1 0 4 0 5 1 0 0 4 5 CENTRAL COAST 2 3 16 1 22 14 2 0 6 22 SOUTH CENTRAL COAST 0 0 14 0 14 1 2 0 11 14 SOUTH COAST 9 11 22 0 42 24 7 0 11 42 SAN DIEGO COAST 6 4 18 0 28 7 14 3 4 28 TOTAL 20 19 89 1 129 51 26 3 49 129 16% 15% 69% — 40% 20% 2% 38% me TABLE LCP Status by Jurisdiction (October 8. 1986) LAND USE PLAN ZONING2 CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING JURISDICTION! PEND CM CERT PERMITS TOTAL PEND CM CERT PERMITS TOTAL NORTH COAST AREA DEL NORTE COUNTY COUNTY X+ X+ HARBOR X X LOPEZ CREEK X X PT. ST. GEORGE X X CRESCENT CITY* X+ X+ McNAMARA-GILLISPIE X X HUMBOLDT COUNTY NORTHCOAST X+ X+ TRINIDAD X+ X+ MCKINLEYVILLE X X HUMBOLDT BAY X X EEL RIVER X X SOUTH COAST X X TRINIDAD (CITY)* X+ X+ ARCATA X X EUREKA* X X MENDOCINO COUNTY X X FORT BRAGG X+ X+ POINT ARENA* X X TOTAL 2 1 15 0 18 4 1 0 13 18 NORTH CENTRAL COAST AREA SONOMA COUNTY* X X MARIN COUNTY* SOUTH (UNIT I)* X+ X+ NORTH (UNIT II)* X X SAN FRAN CITY/CO. X X OLYMPIC CLUB X X TOTAL 1 0 4 0 5 1 0 0 4 5 CENTRAL COAST AREA SAN MATEO COUNTY* X X DALY CITY* X X PACIFICA X X HALF MOON BAY X X SANTA CRUZ COUNTY X X SANTA CRUZ (CITY) X+ X+ CAPITOLA X X WATSONVILLE X X MONTEREY COUNTY NORTH COUNTY X X -5- TABLE LCP Status by Jurisdiction (October B. 1986) LAND USE PLAN ZONING2 ` CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING JURISDICTION! PEND CM CERT PERMITS TOTAL PEND CM CERT PERMITS TOTAL CENTRAL COAST AREA.(Contd.) DEL MONTE FOREST X X CARMEL AREA X+ X BIG SUR COAST X X MARINA* X X SAND CITY X X SEASIDE X X MONTEREY (CITY) ' LAGUNA GRANDE X X DEL MONTE BEACH X X HARBOR/DOWNTOWN X X CANNERY ROW X X SKYLINE X X PACIFIC GROVE X X CARMEL (City) X+ X TOTAL 2 3 16 1 22 14 2 0 6 22 SOUTH CENTRAL COAST AREA SAN LUIS OBISPO COUNTY X+ X MORRO BAY X X PISMO BEACH X X GROVER CITY* X X SANTA BARBARA COUNTY X+ X+ UCSB (LRDP) X X SANTA BARBARA (CITY) CITY X X AIRPORT X X CARPINTERIA* X X VENTURA COUNTY X X SAN BUENAVENTURA CITY X X HARBOR X X OXNARD X+ X+ PORT HUENEME X X TOTAL 0 0 14 0 14 1 2 0 11 14 SOUTH COAST AREA LOS ANGELES COUNTY MALIBU/MOUNTAINS X X MARINA DEL REY X X STA. CATALINA IS. X X CERRITOS WETLAND X X LOS ANGELES (CITY) PACIFIC PALISADES X X -6- TABLE LCP Status by Jurisdiction (October B. 1986) LAND USE PLAN ZONING2 CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING JURISDICTION! PEND CM CERT PERMITS TOTAL PEND CM CERT PERMITS TOTAL SOUTH COAST AREA (Contd.) VENICE NORTH X X VENICE OAKWOOD X X VENICE CANALS X X DEL REY LAGOON X+ X+ AIRPORT DUNES X X SAN PEDRO X X SANTA MONICA X X EL SEGUNDO* X X MANHATTAN BEACH X+ X HERMOSA BEACH X X REDONDO BEACH X+ X TORRANCE X X P.V. ESTATES X X RANCHO P.V X X LONG BEACH* X X AVALON* X X ORANGE COUNTY N/SUN. BEACH X X N/SUN. AQ. PARKo X X N/BOLSA CHICA X X N/STA ANA RIV.o X X N/NEW. DUNESo X X IRVINE COAST X X ALISO VIEJO X X ALISO CRK. REM. X X S/EM. ALLVIEW X X S/SO. LAGUNA X X S/LAGUNA NIGUEL X X S/DANA POINT X X S/CAP. BCH. X+ X+ SEAL BEACH X X HUNTINGTON BEACH X+ X+ COSTA MESA X X NEWPORT BEACH X X STA. ANA HTS.o X X IRVINE (CITY)* X X LAGUNA BEACH X X SAN CLEMENTE X+ X+ TOTAL 9 11 22 0 42 24 7 0 11 42 -7- TABLE LCP Status by Jurisdiction (October 8. 1986) LAND USE PLAN ZONING2 CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING JURISDICTION! PEND CM CERT PERMITS TOTAL PEND CM CERT PERMITS TOTAL SAN DIEGO COAST AREA SAN DIEGO COUNTY SAN DIEGUITO X+ X+ OCEANSIDE X X CARLSBAD AGUA HEDIONDA X X MELLO I X X MELLO II X X W.BATIQUITOS LAG/SAMMIS X X E.BATIQUITOS LAG/HUNT X X CARLS. VILLAGE RED. AREA X X ENCINITAS X X SOLANA BEACH X X DEL MAR X X SAN DIEGO (CITY) NORTH CITY X+ X+ LA JOLLA X+ X PACIFIC BEACH X+ X MISSION BEACH X X MISSION BAY X X OCEAN BEACH X X PENINSULA X+ X CENTRE CITY X X BARRIO LOGAN X X OTAY MESA X X TIA JUANA R.Y. X X BORDER HIGH. X X CORONADO X X NATIONAL CITY X X CHULA VISTA X X SOUTH BAY IS. X X IMPERIAL BEACH X X TOTAL 6 4 18 0 28 7 14 3 4 28 PORT MASTER PLANS PORT HUENEME* X LOS ANGELES* X LONG BEACH* X SAN DIEGO* X TOTAL 4 4 4, TABLE NOTES 1. Table assumes a total of 129 LCP segments, and includes segments that have not yet been officially approved by the Commission,. (see 5. below) 2. "Zoning" means the Phase III Implementation Program. 3. LCP status. There are four status categories for LUPs: NONE or PEND: NONE means no submittal yet. PEND means submittal filed and under Commission review (also includes LUPs that were withdrawn prior to Commission action). DENY or CM: DENY means denied as submitted (no suggested modifications). CM means submittal denied and then certified with suggested modifications. CERT: Means certified as submitted or suggested modifications accepted by local government. Includes LUPs that were certified in part (i.e. geographic areas (areas of deferred certification) remain uncertified). May or may not be effectively certified per Commission regulations. INTERIM PERMIT: Means LUP effectively certified and jurisdiction has assumed interim permit -issuing authority per AB 385 (Hannigan). Only the City of Pacifica is currently in this category. There are also four status categories for Zoning programs. Three are the same as those for LUPs (NONE or PEND, DENY or CM, and CERT). The fourth, EFFECTIVE CERT and ISSUING PERMITS, means LCP effectively certified and the local government has assumed coastal permit -issuing authority per PRC Section 30519. 4. + Area of deferred certification. 5. o Not officially segmented by the Commission. 6. * Incorporated into the California Coastal Management Program by the Federal Office of Ocean and Coastal Resources Management (OCRM). GLH/btr 0214P , UNTY OF N G E ENVIRONMENTAL MANAGEMENT AGENCY PLANNING March 31, 1986 Tom Crandall, District Director South Coast District California Coastal Commission 243 W. Broadway, Suite 380 Long Beach, CA 90801-1450 MURRAYSTORM DIRECTOR, EMA ROBERT G. FISHER DIRECTOR OF PLANNING LOCATION: 12 CIVIC CENTER PLAZA P.O. BOX 4048 SANTA ANA, CA 92702-4048 MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-4643 FILE Newport Dunes Coastal Development Permit RECEIVED PI, nrnr• D r1,anm'I1t APR2 1986 �- clry NEW/PO,; t' � L ?CH � SUBJECT: Newport Dunes Coastal Development Permit % CAI_I;, A N � Dear /�racl a all: In recen days members of your staff have discussed with Ken Winter the need to request the City of Newport Beach to amend their Local Coastal Program to incorporate the Newport Dunes project as a permitted use. It was indicated that this requirement was a verbal agreement between staffs in our negotiations on the coastal development permit. We do not recall this expressed need to request such amendment by the City of Newport Beach. It is our understanding that since the Newport Dunes development is almost entirely on tidelands and that coastal development permits for such projects are approved by the Coastal Commission, the City's LCP is only advisory. Page 15 of your staff report, dated January 17, 1984, addressed this issue with the finding that the subject Coastal Development Permit was found to be consistent with Chapter 3 of the Coastal Act. In reviewing the conditions on this permit, we find no written requirement for the County to request the City of Newport Beach to amend their LCP to bring it into conformance with the Coastal Development Permit. In addition, the CDP application included two letters from the City of Newport Beach which served as the "Approval in Concept" from the local agency. See letters attached. Although Newport Dunes, Inc. is still negotiating a lease with the County, it is important to resolve this issue to avoid project delays Page 1 of 2 Q in the future. I would appreciate your investigation into this matter. I believe you will find that the Newport Dunes Coastal Development Permit is in order and that no amendment to the Newport Beach LCP is required. Should you have any questions on this, please contact Ken Winter of my staff at (714) 834-5387. Very truly yours, s Ro ert G. Fisher Director of Planning KW:md(UEPlb/053) cc: Jim Hewicker, Planning Director, City of Newport Beach, CA Hal Krizan, Director, EMA Parks & Recreation 1 fEwPORr 0 s CITY OF NEWPORT BEACH t`�[rsppNx' OFFICE OF THE MAYOR (714) 640-2110 Mayor E%vlyn R Hart Mavor Pro Tern Philip R Maurer Council Members Bill Agee .John C Cox Jr. Jackir Heather Ruthtivn Plummer Donald A. Strauss FECEIVED September 27, 1983 SAP 30s:3 COl1RTON I. AS°0 . Mr. Melvin Nutter, Chairperson California Coastal Commission P.O. Box 1450 Long Beach, CA 90801-1450 Dear Mr. Nutter: RE: APPLICATION FOR COASTAL DEVELOPMXINT PERMIT SUBMITTED BY NE-6PORT DUNES, INC. The City of Newport Beach recommends approval of a Coastal Development Permit authorizing the "redevelopment" of Newport Dunes. This project, which is supported by the City of Newport Beach, is described in detail in a Settlement Agreement negoti- ated by the City of Newport Beach, the County of Orange and Newport Dunes, Inc. This document, and the development contem- plated by it, is relatively complex, so we have taken the liberty of enclosing a copy of the agreement. The development authorized, and the conditions imposed thereon" to mitigate the impacts of that development on the City of New- port Beach, represent a delicate balance. Any significant changes to the project could upset that balance and frustrate the unique cooperative efforts which culminated in the approval of the agreement. The provisions of the Coastal Act of 1976 were fully considered by all parties during the negotiations which led to the settle- ment agreement and we hope you share our feeling that the project outlined in the agreement is consistent with the spirit and interest of the Coastal Act. City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH P.O. DUX 1768, NEWPORT BEACH, CA 92663 3894 PLANNING DEPARTMENT October 25, 1963 Lawrence H. Buxton Coulton 6 Associates 3400 Irvine Avenue, Suite 213 Newport Beach, CA 92663 SUBJECT: Newport Dunes Fardly Inn Location Dear Mr. Buxton: The purpose of this letter is to confirr our telephone conversation and meeting related to thf, location of the Far.ily Inn at Newport Dunes. The location of• the Family Inn appears consistent with the concept of the Settlement Agreement between the City and the County as shown in Exhibit III of yo::r submital dated October 20, 1983. It appears that two areas of the Family Inn extend into the sandy beach areas (inside the ten foot contour). This would be acceptable so long as an equal area outside of the contour and in front of the Inn, is devoted to sandy beach. Further, that this area be open and accessible to all visitors of Newport Dunes. Staff understands that further refinements will be• necessary wher. precise building plans become available. We look forward to working with you or, this project. Very truly yours, PLAtT:ING DEPARTMEN7 JAMES D. HEWICKER, Director BYL?%L!C/_ GG �CL Fred Talarico, Environmental Coordinator FT:tn xc: Robert Burnham, City Attorney 3300 Newport Boulevard, Newport Beach a Mr. Melvin Nutter, Chairperson California Coastal Commission Page Two September 27, 1983 A representative of the City of Newport Beach will be present to advise members of the Commission of the reasons why approval of the project, as outlined ir. the agreement, is important to the City of Newport Beach. Sincerely, EVELYN R. HART Mayor ERH/jmb Enclosure State of Ca6fomia, George Deukmefn, Governor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Sufte 380 JA N J 9 P.O. Box 1450 11 Long Beach, California 90B01-1450 (213) 590.5071 COIL:-': vie 8: (714) 846-0648 REGULAR CALENDAR y 12 20 83 / / �L �_ .FILED:-. G:.19th DAY: 2/7/89 :+4 _ 180th,:DAY: 6/-•18/84 STAFFe Gupta ef , 17 ,STAFF REPORT:1/ /84df BEARING nATE: 1/25/84 .' PRELIMINARY STAFF REPORT AND Application: 5-83-962 Applicant: County of Orange, E.M.A. Newport Dunes Inc. P. 0. Box 4048 1131 Back Bay Drive SANTA ANA, CA 92702-4048 NEWPORT BEACH, CA 92660 Redevelopment of and'addition to a 72 ac. Newport Dunes Description: Park. It includes a 275 room family inn, 430 slip marina, 310 unit R.V. Park, 300 unit boat storage, 10 boat launch ramps and marina business building. Lot Area: Building Coverage: Paved..Area: Landscaped Area: Parking: Zoning: Plan Designation: SUMMARY: ± 76 acres t 4 acres t 28 acres 3 acres 1900 spaces "U" Unclassified Recreation/Environmental Open Space The staff recommends that the Commission open the hearing and continue the hearing to a southern California location to give an opportunity to the local concerned citizens to present oral testimony to the Commission. PRELIMINARY STAFF RECOMMENDATION The staff recommends the Commission adopt the following resolution: I. Approval with Conditions The Commission hereby grants a permit for the proposed development, subject to the conditions ow, on the grounds that, as conditioned, the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability Y 5-83-962 Page 2 ��e_�i/% �E/ I,) � of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions: See Appendix X. III. Special Conditions: 1, Public Access. a. Pedestrian Promenade. Prior to transmittal of permit, the.' applicant shall submit revised plans for approval of the Exectutive Direc- tor. The plans shall provide a minimum of 8 feet wide public walkway along the entire waterfront of the project located along the beach lend bulkhead so that no mAjor structure is between the walkway and the beach. This walkway shall be connected to the similar walkway around the adjacent Anthony's Restaurant. The existing feraces_.between-Anthony ;s-Restaurant_ nm to the day use facilities shall be free of any admission or user charges. c. Public Transit System. The applicant shall initiate, in coordination with t e City or Newport Beach and orange County Transit District, investigation of the possibility of providing a public bus stop within the project site for the buses serving this general area. If found feasible, the applicant shall provide a p°nblic bus stop within the project boundary. 2. Water Quality. Prior to transmittal of permit, applicant shall submit plans for an on -site drainage system for the approval of the Executive Director that shall be constructed and maintained to collect roof and surface ✓�noi;r -funaf-f-into_gravel.-f-filled-we1.3s-or-other—retention-devices-that-can handle-the-maximum-recorded-24=hour-rainfa•11;-the-use-of o've�'1'and-stormy 211E 46UY f}t19. 3. auilding Plans. J 4-L' Prior to the construction of ahy building on 'the property, -the applicant shall submit architectural drawings for approval of the Executive Director of the Commission. Any deviation from the approved plan shall require an amendment or a separate coastal development permit. IV. Findings and Declarations: The Commission hereby finds and declares as follows: 1. Project Description. The application is for redevelopment of and addition to a 72 acre Newport Dunes Park. The project includes several family oriented recreation facilities such as a 275-room family inn, 300-space recreation vehicle park, campground, a restaurant, and other.day use activities (tot -lots, paddling pool, gazebos, a bicycle I 5-83-962 Page 3 path, 30 acre swimming lagoon and sun-bathing); and other facilities include a 200 boat slip marina expansion, marina commercial, 300 units dry boat storage, one ramp to accommodate 10 lanes for boat.launch, and an Upper Newport Bay interpretive center. The proposed bicycle path will connect county and city bike trails. The project is primarily on tidelands granted to the County bf Orange by the State of California. The County has leased the property to the Newport Dunes Inc. to provide public recreational facilities. The property presently provides a 230 boat slip marina and the.same amount of R."V. spaces and'day use parking, as proposed. Several day uses are pro- vided and will be maintained and improved where needed. 2. Scope of the Project. A. The Newport Dunes Swimming Lagoon has not been dredged for approximately 20 years. The County is presently conducting studies to ,inalyze sand types along with impacts of dredging on water quality. According to the County of Orange, approximately 200,000 cubic yards of silt and heavy metals needs to be dredged from the lagoon. -However, dredging is not a part of this application and will require additional permit. The project only includes development on approximately 72 acres of land area around the 30 acre lagoon. The applicant has provided only a site plan. Any building, as required by Condition No. 3, needs to be submitted for the Executive Director's approval. B. Project History. In 1980, for the purpose of local coastal program preparation, the County of Orange proposed the area to be consi- dered for a separate county segment and prepared a Land Use Plan for Newport Dunes. It was submitted in 1980;and w}'thdrawh before the Com- mission's public hearing. In 1981, the City of Newport Beach instituted litigation for the County's redevelopment plan claiming that the approval of the EIR by the Board of Supervisors was in violation of the California Environmental Quality Act (CEQA). Subsequently, :the City, the County, and the Newport Dunes Inc. were engaged in a collective discussion to resolve the matter. An agreement was reached in July, 1983, by all the parties concerned (see Exhibit No. A) which includes the intensity and kind of uses along with other conditions and building regulations. The project is consistent with the referenced agreement. C. Standard of Review. Nearly the entire project site is on Newport Dunes which were granted to the County of Orange by the State of California under a tidelands grant. Section 30519 of the Coastal Act states: faction $0519. �i) tacept for appeals to the ocamission, as provided in Sect on 30f03, after a local coastal program, or any portion thereof, has been certified and all implementing actions within the area affected have become effective, the devalopsent review authority provided for in Chapter 7 (ecosencing with Section 30600) shall so longer be exercised b9 the regional cossission or by the eossisalon Were there i• so regional eomsiesion over any new development propoead within the area to which such certified local coastal progras, or any portion thereof, applies and shall at that tI" be delegated to the local government that is Implementing such local coastal program or any portion thereof. 5-83-962 Page 4 10 (b) tabdivision is) shall Not apply to any development �licc �era s, on ttiledmille, os sopac treatl0whether filled as nfld. lying within the coastal Bone• avr shall it apply to any Nwlopment proposed or undertaken within ports covered by ChaLeeaaivessnity or college with � tion 1the 0 taiithin noaefauy ppat oposvme0 oris section undertaken byla portyto or harbordistrict authority an lands at mature ranted by the Legislature to A leseifievelied lltnhtr includes the specific dvooment9lanaot such district cc d authority. (Amended by Ch. 41, state. 1982.1 Since the project is located on tidelands, it is within the Coastal Commission's original permit jurisdiction. The approved Land Use Plan of the City of Newport Beach is advisory only; the standard of review is Chapter 3 of the Coastal Act. 3. Public Access. A. Pedestrian Promenade. Sections 30210, 30212(a) and 30213 of the Coastal Act state: Section 30210. 1n carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, opportunities shall ich shall be pbeuprovidously ed sfor �all dthe crecreational People consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. (Amended by Ch. 1075, state. 1978.) section 30212. shoreline Public access r om the neandalongthecoast shall ebe st provided n new blic roadway ta the development projects except where (1) it is inconsistent with public safety, military security needs, or the .protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency, or private association agrees to accept responsibility for maintenance and liability of the accessway. section 30213. Lover cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Develop- ments providing public recreational opportunities are preferred. I i 5-83-962 Page 5 The project provides public recreation opportunities which is a preferred use under Section 30213. A Family Inn, recreation vehicle park, restaurants, dry boat storage, a marina, children's pool., and other day use facilities are proposed around a horseshoe shaped sandy beach. Family oriented recreation and most of the day use facilities are proposed around the lifeguard station and controlled swimming.,area in the lagoon. A pedestrian promenade is proposed to link the day use facilities and it terminates where the Family Inn starts. Many day use facilities will be retained and improved. The facilities are planned to accommodate needs of groups such as schools, scouts, churches and clubs. Public transit route will be provided access to the facilities. 'A bicycle trail is proposed to run along the property boundary, which will link Back Bay Drive with the Pacific Coast Highway. The trail is separa- ted by a fence from all facilities so that bicyclists can pass through the dunes. The pedestrian promenade, as proposed, will terminate at the south ;end of the Family Inn; therefore, it will not provide a continuous walk- way along the entire waterfront. It will also not connect a similar access way required by the Commission on the adjacent restaurant project (Permit 5-83-334). Thus the project will not provide a continuous public movement along the shoreline; in effect, it will create a private area adjacent to the Family Inn. The waterfront area along the existing marina is presently accessible k&?the'pu)ilia at no charge which will, be. used for the Family Inn and its parking•; thus it will limit public access. Section 30210 of the Coastal Act requires Public access be maximized. Therefore, the project, as proposed, is not consistent with Sections 30210 and 30210 of the Coastal Act. However, Condition No. l(a) requires the applicant to provide a pedestrian promenade between the water and all structures along the entire waterfront.witho t any physical obstruction on the promenade. The condition furthar r4ires that the promenade shall be connected to the easement on the adjacent Anthony's Restaurant and the existing fence between the restaurant and the project be removed. The Commission therefore finds that the project, as conditioned, is consistent with Sections 30210 and 30212 of the Coastal Act. B. Public Transit. Sections 30252 and 30253(4) of the Coastal Act state: Nction 302S2. 4he location and count of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service Mction 302S3. New development shall: (d) minimise energy consumption No vehicle miles traveled. The project, as proposed, will include consideration for public transit access and bus parking. Presently, school, church and other club groups can use the facilities and their buses can be accommodated in the parking area. This facility will be maintained. No public transit facility presently exists. The project proposes to "include consideration for public transit" but does not provide any details of such program. The project, as proposed, anticipates approximately 200% increase in its present use of approximately 250,000 visitors per year. This increase 5-83-962 Page 6 in capacity will have direct impact on vehicle miles travelled. In the r( absence of any program to reduce vehicle miles travelled, the Commission finds that the project is not consistent with Sections 30252 and 30253 of the Coastal Act. However, the Commission further finds that the project, as condi- tioned to study the potential of a public transit access with OCTD and the City of Newport Beach, if found feasible, such program phall be incorporated in the project, is consistent with Sections 30252 and 30253(4) of the Coastal Act. C. Pedestrian Access Section 30210 of the Coastal Act states: in carrying out the requirement of section 0 of Article Y of the California Constitution, maximum access# which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and Natural 'resource areas from overuse. (Amended by Ch. 1075, State. 1974.) The user fee scheduled provided in the application is as follows: Newport Dunes Aguaticlpark gear See Sobodule general Admission current2 adults 2.00 Children (12 and ender) 1.00 Mbes-in-arms hew Launch map ponday-24urs0ay Priday-Sunday Nstra car Coat Storage Dr Not ?screstional vehicle lark Oversight 5.00 7.00 5000 00.00/m0. 6.00/ft. '5.00 7,00 5.00 00.00/mo. 6.50/ft. 419.90 29.00a 12.00-20.004 1 The lease agreement with the County of Orange required that rates be comparable to similar facilities in the Newport Mach and Costa mesa area. , 2 As directed by the Orange County Board of supervisors AM tbi Orange County Narbors, Beaches and Parke Commission. 2 approval subject to future lease condition requirements eatablisMd by the Orange County General Services Agency and the Board of supervisors. d Fates adjusted�todon reflectilities used, Normal seasonalse and site fluctuations. ThenINnd are IN - development Plan will provide full water, sewage and electrical book s: existing facilities provide so or partial hookups with most *eking sewage oonaectioas. .�f J 5-83-962 Page 7 The above fee schedule is designed to use various facilities ancauto autot the mobile. Charges areybasedThe on thelicant numberhof Pe Parking fee for. s in an auto- mobile. Note No. l clearly indicates that these chargesnmust be com- reqires admissionatible ofee mfor rafPedestrian or bicyclist.acilities. No ublic Theh inapplicantoconOrange tendsuthat the user fee is to "provide for maintenance, repairs, security and-life- guards."nder this beach onr theStateTidelands. Financiallwill have y pay to even ment precludes low income families with children to use Financially, -ibis arrange- ment the admission charges are the same; however, a free public access is available to the 15 acre waterfront area along the marina on the west side of the lagoon. There is also no charge for parking in this area. This area will be occupied by the Family Inn and its parking. Other proposed uses will intensify the use of the entire area, as anticipated to increase by 200% This intensification will eliminate low income families to use even the currently available free public waterfront area ,and preclude them from this coastal experience. The development, while {gutting burden on the public, fails to provide benefit to the general public. The Commission therefore finds that the project, as proposed, does not provide opportunities to all the people and is not consistent With Section 30210 of the Coastal Act. Condition l(b) requires applicant to provide free access to pedestrians and bicyclists to the Newport Dunes. The Commission finds that the project, as conditioned, is consistent with Section 30210 of the Coastal Act. 4. Water Quality. Sections 30230, 30231, and 30233(a) of the Coastal Act state: eeetion 30230. Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological Productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231. The biological productivity and the quality of coastal waterer streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, Where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimising alteration of natural Streams. 5-83-962 Page 8 Section 30233. (a) She diking, filling, or dredging of open coastal waters, watlands,.estuaries, and lakes shall be permitted in scordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have ; been provided to minimise adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy,,and-coastal—dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In wetland areas only, entrance channels for new or expanded boating facilitiest and in a degraded wetland, •i identified by the Department of Fish and Came pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland; provided, however, that in no event shall the size of the wetland area used for such boating facility, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, be greater than 25 percent of the total wetland area to be restored. (4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded• boating facilities. (5) Incidental public serviceipurposes, including but not limited to, burying cables and pipes of inspection of piers and maintenance of existing intake and outfall lines. (6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7) Restoration purposes. (8) Nature study, aquaculture, or similar resource dependent activities. The Newport Dunes, the project site, is situated on the southerly end of the Upper Newport Bay State Ecological Reserve. According to the approved Land Use Plan of the City of Newport Beach: V�=%W. Uda 711-om mite Vscsllr Lelasr an d Ym ,par _ .ass aq aoam d wry I21ad and Imre d JYraw aoulwaed. !m tewere SO barn Ideelfud sy wa Rota caattl Commission, state l�itsper y'Imtc d fish atd am, U.S. rid, teed wl]dlib sanlca. ad owdon neliftania aatocistiae of ammasonts as a eatigM ad ndurble state no==. t!r war b0' Is an Integral part of do vm:Mc nrMy. teed the abater mend, bay tatmxa, teed gawds of ai'FmT mogmt amy pmride btbitst for Iss apadr of birds. d Wdt al �aelas era wdieq tr rabsmKciat a birds. muv or mdatpmied bards fRS11r1n9 tfie Ihaetve Lrlade the C111facnis alaet . mall, Wd % tarts In pidAatasd, uego, salt4rams, and kdT%mhl ImMUg's saga;- h 10"ToH, WRIT mots in sdttde I Idghafooted CLNR= meal, 1Ateh ors in pJ&Jwmsd aid cardgraol Calif mla Lout 'lren. WR3e Lys Its "P is tte amd/ end C&Ufoa" New Youcen, WRlt ocoa:nally elaits da tpnr hmy for rugma d rwtilq and fsmditq. also pnsatt In On mmom we is apedr mt the Jmdfxn ahw List, o list ct birds mot ouaidend tan or md,nsexed, but Wdt an a VAM wddwm of MO-c uc VQ1*ti W docu ms ter t� drtar caraoca. e60 ap=Lms atan fish d MW LOW WKdM of aarI ltwera tatee Arne bean tsI in the boy. 5-83-962 Page 9 ntw "debt aw altim ar etntetaI sea Wa trt t wn& 1a WW t e.y. examm of aadiaam ttebde domes had ad enR esrinp. ltaal Bald stalm, landslides, and emeDverim Reject+. we see of floe aetrawly test edaaats putt, IM, ad H") w esadted a eaaa+t War tz—.%.t of saeteat to the Say. tee saw"be atatim teat lee ooaand ems adrsaely atfaetae tta pipe Irpnt an ft�Mts amgl"lleedd: a dwtun eto tc °tom scuTityy ad Ca lmtse . Utc haM adroisaa oI ntcLa Uft=. la cWtZ ttat with On •, ' [ finkie, am axe" of Drat+", and tea eaalaatt Caift W asaeelatian wn�tn, wo city of ta.I wan L WATW*ly eaataed iw sot v eadim to Munn to a ealntiat w 0" sables. The final EIR, dated 12/23/801 prepared by the County of Orange, has described the existing water quality as follows: 1. •�xistinR Ceaditiens upper Newport sap consists of a afeuous mIis channel that spreads into a broad., shallow Dap at its north end. no length of the channel between the Pacific Coast Bighway Bridge on the South to The Narrows on the north is approximately lle(W feet. Depths decrease gradually over the sane length from 12 feet to 3 feet. The total water surface ranges free 300 acres at extreme low tides to 700 acres at extreme high voter. The total tidal pries over a 4-foot range, centered on mean sea level, is about 19S00 acre-feet. The exchange of upper say water with the lower say is Words are to be dredged. placement location of such materials relatively rapid, complete turnover being achieved In a few tidal cycles. $ The Newport Agnes lagoon occupies a total area of 16 acres. its average depth is approximately S lost; it becomes shallow only Within SO fast of the shore. Average annual store runoff into Newport Bay (based on 12-ssch precipitation and 20 percent runoff factors) is 20,000 acre-feet- Nowvers seasonal value* is highly variable and could amount to significant increases over this average in a given year. Sue to aossonal volume temporary effects so pater duality can be extreme. Store runoff carries substantial pollution loads that iselvde alitg organic matter, mile, bury metals, nutrients bad paatiesde residuss.. Wastes generated by boating activities include fool residueso litter, supper and sine released from antifouling bottom paint, and organic matter free illicit use of galleys and heads. Beleasea of organic matter are estimated to be 20 pounds/boat/year; copper estimates are 2 pounds/boat/year. Therefore, the $00 boats vet -stored in the Upper Bay 1pteerste 10,Mfn pounds/year of organic matter and 10000 pounds/year of oxygbn - quantities less then those arriving via San Diego Creek and the Santa Ana -Delhi Channel. Furthermore, the boat - generated pollutants are diluted by tidal exchange. Other sources of organic pollutants include bathers, ambient atmospheres and resident/transient waterfowl. W,. 5-83-962 Page 10 saapling water duality data for Newport sal have been reported ry representatives Of the California wealth Departaent• County of Orange Nealtb Depastaeots California Departsrat of lisb and Case• Oniversity of California9A consultants, cal t ueb dots Vertslas to aetals •• 9a11nitys !hearted Oxygen,y weatbers upper Newport Bay eon sad eooce n ater sal Rusin; dry 91 The rains ocean water salinity to the wfeintin troub3saare+•auehyasn eoncestrations generally are lows except Vest Newport Channels and areas north of the tidal gates. ap" *seetable difference in water clarity exists between she apper te and and lover rays. Generally itar °n�PP�saand lover bay tions of awater$ con - Phosphate recur in the uppere+eseusy and srsenie& tbst areas tale leads ebsosivas sines Coppers _ of the lover ray, are very aeptereBay stations monitored bythe glass of store runoti. All Upper educe high readioss. Orange County wealth Departsent oeeasionaj27 R for ng water "ever be$ %i The State lof CaliforniatalasoTl, stringent ish lltis standard has p been violated consistently viewed he Regional Water BoarditControl is concernedoabout ard tthe water aff has equality tin The project. have no jurisdiction on pollution Newport Bay; however, theyportion from non -point source. They do encourage devicesto anyp control pollution ostorm runoff. illnthe requireuatpermitgfrom the Board. of the upperNewport The pwilict will sencrease.haAdditionallyface rethensite receives storm water from the Pacific Coast Hwy. and other surrounding areas. The applicant has a drainage plan showing how storm - waters will be directed, collected and drained into the lagoon. ts The Plan doss nrtmaintenanceinclude ytechniques.device to coSectintrolons 30230 and except by proper ire to maintain and where feasible, restore 30231 of the Coastal Act regt the water quality for'biological productivity and human health. This swimming lagoon and beach presently lication,serve thisroximately development5will haveanvisitors per year. According to the app quality approximately 200% increase in the number of users. The water he of the lagoon will also impact the biological productivity of the Upper Newport Ecological Preserve. In the absence of any retention devices, the Commission finds that the project,as proposed, is not consistent with Section 30230 and project aseconditionedAct. to submitry the Commission revised drainage further finds that the proj retnetion devices, is consistent with the plans to include necessary referenced sections of the Coastal Act. The project includes an expansion of an existing marina by approxi- mately 200 boat slips, by expanding existing docks and increasing two new docks in the mouth of the lagoon. The new docks will provide approximately 90 boat slips- These docks will be tied to a new pedes- trian willibeeconstructedgofwpilingill n(see Exhibit nect east dNo. 1). west No new es of tseawallsn or bulkheads are proposed in the project. Expansion of the marina and the lagoon shall require maintenance dredging o200,000 f approximately cu. yds. which is not a part of this permit. This dredging shall require 5-83-962 Page 11 an additional coastal development. This portion of the project is in the open wastal waters. Sections 30233 of the Coastal Act provides criterion for development in such areas. Accofding to the Department - of Fish and Game letter dated September 16, 1983, (see Exhibit #3) "The elemination of bulkheading in the marina expansion and the pedestrian bridge reduces the impacts associated with the earliAr•.pro- posals." Expansion of boating facilities is a permitted use, under Section 30233 provided there is no feasible less environmentally damaging alternative and the project provides mitigation measures to -:minimize adverse environmental effects. The project proposes to expend existing docks and proposes two new floating docks in the existing marina. The new docks have access through the pedestrian bridge which is proposed on pilings. As described earlier in the report, the project is adjacent to an ecological preserve and any other location for more boat slips shall have significant adverse environmental effects. The bridge which provides access to the new floating docks is on pilings, thus providing free water circulation. No new bulkheading is proposed. The Commission .therefore finds that the expansion of the marina, as proposed, is least 'environmentally damaging and provides adequate mitigation measures; thus the project is consistent with the referenced sections of the Coastal Act. 5. Paleonthological Resources. Section 30244 of the Coastal Act states: Section 30244. when development would adversely impact archaeological or paleontological resources as Identified by •the s:ats - siatoric !reservation Officer, reasonable mitigation measures shall be required. f An environmental impact report prepared by Westside Services, Inc. in 1980 for the Newport Dunes states: .PALZOWIMMICAL R&SOQSCES The area oo the Dewport Dunes sits known as Coney Island bag fielded abundant fish scales, some forsainifera miero-fossils, and a few scattered whale bone fragments. The thin!y bedded sedimentary rocks exposed in this hill include shale, chart, diatomaceous mudatone, and porc- ellainits representing the lower part of the Monterey Formation of the Middle Miocene age. Vhile the fossil material observed is not highly significant is or of Itself, these occurrences do serve as signboards to the gmsible existence of significant fossils on the tits - a Monterey Formation is coastal Orange County has Melded many significant vertebrate fossils and any individual eutcrop has good potential for producing important fossils. The rwainder of the site (most of which is,presently paved or disturbed) is underlain by alluvial and eolluvial met- srials'wbich on the subject %opert are shall -bearing and contain a diverse molluscan fauna oyf very Late Pleistocene to tolocene age (deposits generally less than about ten thousand Fears old). A small area mapped as Capistrano Formation (Morton and Miller, 1973) is present moor the western boundary of the property within the trailer park. Pleistocene age shell and bone material as well as vert- ebrate and invertebrate fossils from the Miocene to Pliocene age may be present in the Capistrano Formation. 5-83-962 Page 12 The project includes proposes a monitoring Commission therefore 30244 of the Coastal nd the above finding of the aleontologistR'aThe program by a qualified p finds that the project is consistent w44 ith Section Act. 6. Public Recreation Opportunities. Sections 30220, 30221, 30223, 30224 and 30250(c) of the Coastal Act state: aLq 0120. at -oriented recreational coastal areas suited for met activities that cannot readily be Provided at inland meter areas shall be protected for such uses. Mctio-n 3022_1. oceanfront land suitable for reereationantuunlse aehsall be protected for recreational use and development present and forsecable future demand for public or t Could accommodatedeOnetheonal Propertyvisies alr any adequately provided for in the area. (Amended by ch. 380, State. 1978.) section 3• Upland areas necessary to support a era f asiblerecreational uses shall be reserved for such usest wbere leasable. Section-- nn 30224. Increased recreational boating use of coastal meters th this shall be encours=czayene=eeer"increasl:+g public v launching developing dry ndent on such resdurces shall be values, and only uses "ept allow" within such areas, (b) Development in areas sdJacannt" recreations areas shall sensitive habitat areas and pa compatible be sited and designee sueh areas, aevent ndcshallibe would significantly deg with this continuance of such babitot areas. SectJo 3025C (e) visitor -serving loped area that cannot feasibly in locaexisted i existsisolatedeveleope ntsaoraatshall selectteedlPPoints of in attraction for visitors. (Amended by Ch. logo, State. 1979.) d here feasible, The referenced sections require protection, if an w provision of water and coastal oriented recreation opportunities in and near the coastal areas. As discussed above in this report, this project is on tidelands and provides visitor -serving and coastal recreation oriented facilities. The Commission thofethe efinds t Coastal Act - project is tent with ced sectio 5-83-962 Page 13 7. Protection of Environmentally Sensitive Habitat Areas. Section 30240 of the Coastal Act states: section 30240. 11 (a) *nvisoneantally sensitive babitst srass shall be protected against any significant disruption of habitat values, and only uses dependent on such resources shall be �• allowed within such areas. (b) Developoent in areas adjacent to environmentally sensitive hahitat areas and parks and recreation areas shall be sited and designed to Prevent impacts which would significantly continuuanceeof such habitat shall b* compatible According to the Final EIR prepared by Westside Services, Inc. in 111980 for Newport Dunes, Coney Island (within the project boundaries) and a few bluff areas provides habitat to various species. The EIR describes as follows: Sept wnt..atives tealitornio sagebrssh, bockwhest and prickly rear) or the biyhlr-disturbed coastal sage scrub eco.unitr exist on Coney island and an bluffs adjacent to the property on the aaoth. rauae in these areas include OMUn 9 ogoirrels, eottortail rabbits sad pocket qoihrrswll of Which provide., forage for n=,arous reptiles knomA to WAbit 11awport May. shm4ort Dwwa Use adjacint to tht,epper l�lewport'sar 1lildlife be!upe--an area described by the SouthernCalifornia Ocean Studies consortium t1974) as •...the most outstanding estu- arine ecoslaten of southern California' and by the California Degart:.".t of 1•ish and Gams (1970) as •... a vital link in the acclogical system of Southern Calitornia...the last major •aylike body of Water remaining in a fairly pristine condition along 40? riles of coast between Morro say and Zeteta de ►unto Kaaba in Mexico.` The Say is inhabited by over 1,000 areciea of Burins Invartebrates, by nw+craas fish af+eeics, and by tony shorebirds and Waterfowl. riny of such orgsrdmos gas t`.o 1:ev;rrt Danes site. Although the Dunes dcws, not sorctituto a lrirtine aavitcrIMS"t, it provides a valuable buffo *one between a sensitive Wildlife Mfuge and urbanised areas. . Birds observed on the show of the pooa &=led* sandpiperso falls am costs. Dwengered labird species tas classified by the California Departzent of rish six Gams) are seldiag`s• gvsrneb e. arrow, ftlifornie claprr 1`+11, light -rooted e1ar,Ltr r211, brown pelican, Cal:'orria least tern and A-eriean Fcieprine falcon. she California black rail is Classified Y *ar4. • . 5-83-962 A Page 14 The project, as proposed, does not encroach into any of these resource areas. Coney Island is designated as open space, no additional bulkheads are proposed, dredging is not a part of this permit and the pedestrian bridge is proposed on piling. Department of Fish and Game has reviewed the project and offered comments (see Exhibit No. 3).. As indicated by the Fish and Game Department, the project, as proposed, does__ not have significant impacts on environmentally sensitive habitat areas. The Commission therefore finds that the project is consistent with Section 30240 of the Coastal Act. 8. Traffic. section L0254. a" or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the provisions of this divisions provided, however, that it is the intent of the Legislature that state 9ighway Aoute 1 in rural areas of the ts remain srnndue road. Special districts not e frmedoexpaadc pwhe assessment for, and provision of, the service would not Induce new development inconsistent with this division. Whore edeonyatepuaties sen coimoatonllimidmount ofnewdeevelopme services'to coastal dependent land use, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, anddvisitorentrving land uses shall not be The study clearly demonstrates that capacity. In such cases, Section 30254 to coastal dependent uses. The propose 9. ' Parking. d Section 30252 of the Coastal Act requires new development to provide adequate on -site parking facilities for all proposed uses. The applica- tion includes a table indicating required parking as well as number of parking spaces provided (see Exhibit No. 5). The project provides 1793 car parking, 16 bus parking, and 91 boat trailer parking spaces. The number of parking spaces are consistent with the Commission's Interpre- tive Guidelines. The Commission therefore finds that�the project is consistent with Section 30252 of the Coastal Act. *1I 0 5-83-962 Page 15 lo. Local Coastal Program Consistency. The project site is within the limits of the City of Newport Beach. The Land Use Plan (LUP) of the City of Newport Beach has been certified by the Commission on May 19# 1982. in the certified LUP# the project site has been designated as "Recreation and Environmental.Open Space." A trail for "walkway/bikeway/accessway" is also proposed through. the Recreation and Environmental Open Space designated area., The permitted uses under this category is as follows: Ibcr"tiaal and 1I This rA cats9Dzy Includes causes# s, aryons, and beaches. Uses peaniCttl in areas d=M fW arAscreatio:al and MWJrMW ntal QPM ftace an the sites listed en Page 17 of the UM and defined as scvizarnwntallY sensitive an:w (Page 20) are passive rscreation uses eagatible with the sensitive resource nature of these sitsse and InclWe hiking, Picnicking and nature study Mnersver the sating of private property designated as spa+ span in the LCp Lard Use Plan is inconsistent with said plans it is the Intent of the City to seek the agreement of property owners for rezoning to the epwr*nm district# or to seek public acquisition of such open-apsoe areas. No charges in land use an property designated for apen-space PurPoKs shell be pezmitted which are not oansistent with the policies and objectives of the IM Land Use Plan. licaa9a�uy s Liracc ty al flit to maqu mi,d ic is t � the City's or Technically, the proposed uses are not consistent with the permitted uses under the designated land use. Hotaever.� as it has been explained in the standard of review earlier in this report, the project is located on the tidelands; therefore, the City's certified LUP is only advisory. The project has to be found consistent with Chapter 3 of the Coastal Act. The Commission finds that the project# as conditioned, is consistent with Chapter 3 of the Coastal Act and shall not prejudice the ability of the City of Newport Beach to prepare a certifiable Local Coastal Plan. i .e'''0. MAR►KA EXPO r i � •� i r ,, ':IIWA I��WI!1 ,�p • 310 �PACE3 Ral. PF►iLK m W 1 � � tNTeRpgre- WE "tATER. ,MARt SOAX 3EsRviMArAI'M% Or coN�Y ►5iauo •. . t0 f.ANE Bd1T I.RUNGNIN4 RAMP MARINA COM. # RE5TA1 ICr AMILY INN i -275 Rooms -kitchenettes -family services -coffee shop I-meeting room yY01 jua LAdOOM -35 ft. building height -swimming pool �i ry �'L� '• goo PARKIKG SPACS •r pUBt.►G 55AC-14 ;a `• =��. = - 251C 4 TRAIL. 0J 1 N % INTERPRETIVE CENTER amp WARM �n�na �-� FAMLY WNWANNA �� weMca ��r FANN Mfg � RRI SWWNM MOON - ve»acPARK AND CARVORGUND :..:.. , DAY UN Jr aJ �i PAMCM �- ww� X aeiw„oi. CENTER • LVIWNID HEADMAN �' �' LAND USE CONCEPT �.wif Of tAUfpRN1A-TME IESOVRCII AOfN� 046 DE �V/v DEPARTMENT OF FISH AND GAME 245 W. Broadway, Suite 350 -� Long Beach, California 90802 (213) 590-5113 September 16, 1983 RECEIVED SEP ,; 0 1383 . COURTON Lt ASSOC. Mr. Robert Fisher, Director of Planning Orange County Environmental Management Agency P.O. Box 4048 Santa Ana, California 92702-4048 T. Dear Bob: We have reviewed the Newport Dunes Recreation Park and Redevelopment Plan dated August 1, 1983. Following this review and our meeting with you, your staff members and Lawrence Buxton on August 5, 1983s in our Long Beach office, we have the following comments: 1. The proposed interpretive center affords excellent opportunities to expand public recreational activities of both the Newport Dunes Park and the existing recreation along Back Say Drive by walkers, joggers and bikers. We support the proposal. 2. The proposed dredging site will require a determination of the types and amounts of pollutants in the sediment and the potential risk of dredging releasing those contaminants into the Newport Bay waters. 3. The proposed dredge spoil disposal sites, both the primary and alternative, will require the sediment contaminant determination identified in i2 above and the degree of risk of surface runoff causing pollution of the Newport Bay waters. 4. The proposed wash rack in the dry boat storage and marina service area should contain adequate drainage and disposal facilities which would correct the existing problem. 5. The elimination of•bulkheading in the marina expansion and the pedestrian bridge reduces the impacts associated with the earlier proposals. As we mentioned at our meeting, the dredging and disposal portions of the proposal are'the primary environmental subjects of concern to this Department, and adequate sediment samples and analysis should be obtained in that determination, and that the Santa Ana Regional Water Quality Control Board's permit is required. Sincerely, ze fA or hley Jr. .• Regional Manager Region 5 EXH151T 4*3 5 - $3" U2 cc: Being Wilcox, Sunada %rye'• lJ 0 10 Mayor Evelyn R. Hart Mayor Pro Tem Philip R. Maurer Council Members Bill Agee • John C. Cox Jr. Jackie Heather Ruthelyn Plummer Donald A. Strauss September 27, 1983 CITY OF NEWPORT BEACH Mr. Melvin Nutter, Chairperson California Coastal Commission P.O. Box 1450 Long Beach, CA 90801-1450 Dear Mr. Nutter: OFFICE OF THE MAYOR (714) 640-2110 , vgrp�,SstVte j g 19E� dC CAUFCB k 15TR04 soli CODA D SOUTH RE: APPLICATION FOR COASTAL DEVELOPMENT PERMIT SUBMITTED BY NEWPORT DUNES, INC. The City of Newport Beach recommendslapproval of a Coastal Development Permit authorizing the "redevelopment" of Newport Dunes. This project, which is supported by the City of Newport Beach, is described in detail in a Settlement Agreement negoti- ated by the City of Newport Beach, the County of Orange and Newport Dunes, Inc. This document, and the development contem- plated by it, is relatively complex, so we have taken the liberty of enclosing a copy of the agreement. The development authorized, and the conditions imposed thereon to mitigate the impacts of that development on the City of New- port Beach, represent a delicate balance. Any significant changes to the project could upset that balance and frustrate the unique cooperative efforts which culminated in the approval of the agreement. The provisions of the Coastal Act of 1976 were fully considered by all parties during the negotiations which led to the settle- ment agreement and we hope you share our feeling that the project outlined in the agreement is consistent with the spirit and interest of the Coastal Act. EX"15rr #A IF— 83 — 562 City Hall 9 3300 Newport Boulevard, Newport Beach, California 92663 Mr. Melvin Nutter, Chairperson California Coastal Commission Page Two September 27, 1983 A representative of the City of Newport Beach will be present to advise members of the Commission of the reasons why approval of the project, as outlined iri the agreement, is important to the City of Newport Beach. Sincerely, EVELYN R. HART Mayor ERH/jmb Enclosure I I Land Use I EAST SIDE Size Parking Requirements f City `Coastal Comm. Required 4 of Requirements Requirements Parking Spaces(1) marina Business 50,000 s.f. 1/250 s.f. 1/250 a.f. 20 Quality Restaurant 4000 s.f. public area 1/40 O.E. 1/50 s.f. 100 Marina 44 slips .75/slip .75/slip 33 Headquarters/Operation 6000 s.f. public area(2) 1/250 s.f. 1/500 s.f. 96(5) Center Beach Day Use 13 acres 800 ------ 800 Meeting Room 100 seats 1/5 seats 1/2.8 seats 36 TOTAL EAST SIDE 989 NEST SIDE *Marina Anthony's Pier 2 Family inn Restaurant Marina Business Meeting Room 386 slips 5870 s.f. 275 rooms 7,500 s.f. 5,000 s.f. 100 seats im "z 'SP*88 slips @ lagoon entrance > Assume 1/2 park on day use side: '� 88 X 1/2 X .75 = 33 .75/slip .75/slip 290 1/40 s.f. 1/50 a.f. 160(3) 1/2 rooms 1/3 rooms 138 1/40 s.f. 1/50 a.f. 188 1/250 s.f. 1/250 s.f. 20 1/5 seats 1/2.8 seats 36 TOTAL WEST SIDE 832 TOTAL PARKING SPACES REQUIRED(3) 1.821(5) TOTAL PARKING SPACES PIi7VIDED 1900 39 Il Parking Table footnotes (1) The parking requirements set forth in this table are utilized as guidelines for the actual parking which will be provided. (2) The actual building will contain 6,000 s.f. of administrative area and 6,000 s.f. of storage.- Patrons of the Newport Dunes Headquarters will also have parking allocated to their use in other areas of the park once the registration process and other business activities are ccmpleted. (3) 160 spaces are allocated to Anthony's Pier 2 through a sublease agreement with Newport Dunes, Inc. (4) Handicapped and compact car parking will be provided per the standards and regulations of the City of Newport Beach. (5) The Headquarters/Operation Center is designed to serve visitors already on site and therefore represents a duplication in the amount of parking provided. The required spaces would be 1,821 if the Headquarters/Operation Center parking spaces are deleted. 5-83-962 State ofCatdomia,George D&Jm*ji *MW 1/13/84df California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Sufte 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 NOTICE OF PUBLIC HEARING s Date: Wednesday, January 25, 1984 ,BAN 101364 Time: 10:00 a.m. ;�oLt'" Place: State Building, Room 1194 nictf(?/gc`7� 350 McAllister Street SAN FRANCISCO, CA 94102 The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Commission at the time and date indicated above. This item has been tentatively scheduled as follows: 0 Administrative Permit M. Consent Calendar F-1 Extension Request 0 Adoption of Findings r Request for Reconsideration [I kaendwnt ) 1 Hearing and Voting on Regular Calendar Permit Applications I Continued Hearing and voting on Regular Calendar Permit Applications L7 Public Hearing on Regular Calendar Permit Applications 0 Significant Question Determination and Hearing and Voting on APPeals from Local Government Decisions G Continued.Hearing and Voting on Appeals -from Local Government Decisions Other:' Information on Coastal Commission seeting procedures is enclosed on Pages 3 and 4. If, after reading this information and the project. • inforaation on Page 29 you have questions, please contact Staff Analyst Praveen Gupta at the Commission's South Coast District Office at the above address or tali (213) 590-5071 or (714) 846-0648. The file on this project is available for public review at the District Office during regular business hours. The staff report vili be sailed Coast 16 7/81 PROJECT INFORMATION Application No.: 5-83-962 Applicant: County of Orange Agent: Robert Fisher and Newport Dunes Inc. Director of Planning EMA P. 0. Box 4048 SANTA ANA, CA 92702 Project Description: Concept of a 275 room family inn, 430 slip marina, 310 unit RV park, 300 dry boat storage, 10 boat launching ramps, two retail stores and other day use facilities. Project includes development of RV park and day use parking areas. Lot area: ±70 acres Building coverage: +4 acres Pavement coverage: ±28 acres 'Landscape coverage: ±3 acres Parking spaces: 1793 Zoning: 'U' Unclassified designation Plan designation: Recreational/Envir. Project density: Hgt abv finished grade: Site: 11i1 Back Bay Drive Newport Beach, CA Preliminary Calendar: Hearing and Voting on Regular Calendar Applications 0 NOTE: The Staff Report will be mailed upon request. It Coastal Commission Prdesgures for Permits and Appeals Because the State Coastal•Commission now issues all coastal permits for areas without LCps, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. Because - regional commissions no longer exist, the state commission's workload has increased tremendously. The following procedures are intended to speed up the process without neglecting important coastal issues. IF YOU ARE AN APPLICANT: In most cases, your application will be reviewed by the district - staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. ADMINISTRATIVE CALENDAR: Administrative permits may be granted by the executive director for projects which are minor new developments, additions to existing structures (not exceeding $50,000 in cost), single family residences, or multi -family projects of four units or less. The Coastal Act requires that all administrative permits be reported to the Commission at its next meeting before they take effect. Administrative permits will be reported on the administrative calendar. If four or more commissioners request that' an item be held for public hearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. Conditions may be attached to an administrative permit. Applicants and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. CONSENT CALENDAR: Projects considered by staff to be consistent with the Coastal Act but which do not qualify for the administrative calendar may be placed on the consent calendar. Projects on the consent calendar will be approved by the commission with a single vote for the entire calendar. If three or more commissioners wish to pull an item off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached to consent calendar permits. Applicants who accept these conditions need not speak. Opponents should tell the commission why the project is inconsistent with the Coastal Act. Three minutes will be allowed for each side to speak to the carmissior.. If there are several persons wishin; to address an item, efforts should be made to consolidate pre- sentations in order to stay within the time -limits. Interested persons should check with 'the commission staff regarding subsequent hearings. REGULAR CALENDAR PERMIT APPLICATIONS: Projects potentially inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents will be placed an the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the projm:ct should tell the commission why they think the project is or is not consistent with the Act. Testimony must address coastal act policies and environmental impacts of the project and should not be redundant. Each side is allotted 10 minutes, with the applicant speaking first and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be submitted to the staff following the hearing. Projects on the regular calendar. will normally be scheduled for continued hearing and voting at the next regular commission meeting. On some projects, the staff may have enough information to make a preliminary recommen- dation for approval after the public hearing has been held. In that case, the commission may vote that -day and not postpone the decision. When a staff recommendation is presented to the commission, both the applicant and opponents have five minutas each to comment on the recommendations. After the hearing is closed, the commission will discuss the matter and vote. i"="CEIVED -s- JAN 19 3T4 CORN. ON 8 !Tt; ,r'. REQUEST FOR RECONSIDERATION: An applicant may request thothe•commission reconsider its previous action on a permit. The applicant must show that there is relevant new evidence which could not have reasonably been presented at the original hearing or that an error of fact or law occurred. Only the applicant and persons who participated in the original proceedings are eligible to testify. Testimony is limited to three minutes for each side. Should the commissioners vote to grant the reconsideration request, the matter will be scheduled for a public hearing as if it were a new application. PERMIT AMENDMENTS: An applicant may apply for an amendment to a previously approved - pro3ect. The amendment will be scheduled for a public hearing and any person may speak in support of or opposition to the amendment. Five minutes will be`allotted to each side. PUBLIC HEARING PROCEDURES: If the item you are interested in speaking on is scheduled for a public hearing, you must fill out a "Request to Speak" form and give it to a staff person before the hearing starts. Sign-up forms will be available on a table at the back of the hearing room. Time limits for spoken testimony very rrrording to the three different calendars. Because of this limited time, applicants and opponents are encouraged to submit written comments to the commission office at least one week in advance of the hearing. Comments of up to two pages will be copied and forwarded to the commissioners by the staff. If you wish to submit lengthy comments, you must submit 20 copies to the commission office at least one week before the hearing. I: it is convenient, you may also wish to bring 20 copies of your spoken testimony to the hearing for distribution to the commissioners. Speakers may use maps, slides, photographs, models, and other visual materials in their presentations to the commission. Since such materials become part of the public record on the permit, reproductions of the materials shown must be submitted to the commission staff before or during the commission meeting, or the originals will be retained by the commission for 60 days. A carousel slide projector and screen will be available at the meetings. WHE;< WILL AN AGENDA ITEM BE HEARD: Unfortunately, no one can predict how quickly the Commission will complete agenda items. Each session begins at the time noted on the meet- ing notice. Each item is considered in the order listed, except in extraordinary cir- cumstances. The Commission will consider an item even though the interested persons are not present. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. CAMPAIGN CONTRIBUTIONS: To ensure the integrity of the permit process, the Coastal Com- mission has adopted regulations (Sections 13025.2 and 13045) prohibiting a Commissioner from voting on a permit matter if he or she has received a campaign contribution from an interested party. If you intend to speak on a permit matter, please indicate on your speaker slip and/or in your testimony, if you have made campaign contributions in excess of $100 to any Commissioner within the last year, and if so, to which Commissioner your con- tributed. HOW MANY VOTES DOES IT TAKE TO APPROVE AN APPLICATION? Each permit must be approved by a majority of the commissioners who are authorized to vote and who are present in the room. All permits on the consent calendar will be voted upon at one time with just one motion and one roll tall. PUBLIC RECORDSs Public records on matters before the commission will be available for inspection at the meeting and at other times in the commission office. Extra copies of staff reports will also be available at the meeting. ACCESS TO HEARINGS: Commission meetings are in centralized locations and are accessible to persons with disabilities. } To: From: Subject: Attachment X Permit Applicants California Coastal Commission Standard Conditions rECEiVED JAN 191984 CGLUR'FON w A.SROC. The following standard conditions are imposed on all permits issued by the California Coastal Commission. I. STANDARD CONDITIONS 1. Notice of Recei t and Acknowled ement. .The permit is not valid ' and evelopment s a not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. • . 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extenstion of the permit must be made prior to the expiration date. 3. Compliance. All development must occur ip strict compliance with the props set forth in the application for permit. subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission - approval. k. Inter rotation. Any questions of intent or interpretation of 'any Bond tion w e resolved by the Executive Director or the Commission. S. I_n_gecti�ons. The Commission staff shall be allowed -to inspect the s tie ana t—Tie development during construction, subject t^ 24•houT advance notice. 6. Assignment. The permit may be assigned to any qualified person, provl'Fe-d assi knee files with the Commission an affadavit accepting all terms and conditions of the permit. 7. Term and Conditions Run with the Land. These terms and conditions shall —be perpe�ua , and It Is t e &nttnticn of the Commission and the permittee to bind all future ovners and possessors of the subject property to the terms and conditions. WN O 45OUNTY OF 5 ( p 3 A" ).RANG E RECEIVED JAN 19 1?04 • MUn 6TOrIM DIRECTOR OR, EMA ROBERT G. FISHER DIRECTOR OF PLANNING COURT ON & A3S0C. ENVIRONMENTAL MANAGEMENT AGENCY PLANNING January 17, 1983 Dick Hsu Development Planning Orange County Transit District 11222 Acacia Parkway Garden Grove, California 92642 Dear Mr. Hsu: LOCATION: 12 CIVIC CENTER PLAZA P.O. BOX 404E SANTA ANA, CA 92702.4048 MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 , TELEPHONE: I (714)834-4643 FILE: Newport Dunes CDP The County is pursuing a redevelopment plan and Coastal Development Permit on the Newport Dunes property, which is located near the corner of Jamboree Road and Back Bay Drive in Upper Newport Bay (Attachment 1). In review of the Coastal Development Permit application, California Coastal Commission staff has requested that the County and Newport Dunes lessee work with OCTD to develop a bus route to the park site, if feasible. This permit application will be going to hearing before the Coastal Commission on January 25, 1984, and we would like to have your preliminary thoughts on this matter by that time, if possible. Attached for your review is a project prospectus describing the proposed redevelopment of Newport Dunes (Attachment 2). Briefly, the development will include a 275-room family inn, 430-slip marina, 310-unit RV park, 300-unit boat storage, 10-lane boat launch, marina business, an 800-space parking lot and public beach area. Presently, most day use visitors to the park come by private car and are charged a user fee upon entrance. The Coastal Commission staff is supporting free entrance to the park for pedestrians and bicyclists and a parking fee for those visitors entering by car. This fee adjustment might encourage some visitors to utilize alternate means of transportation rather than their private vehicle. In order to address the Coastal staff's concerns, we are requesting at this time a letter documenting the existing OCTD bus routes which serve the park environs and what routes, if any, are anticipated to go into service in the foreseeable future along Jamboree Road. Also, we would like you to comment on the likelihood of the district rerouting an existing line or creating new service to serve this park development. We wish to submit this letter to the Coastal Commission at their upcoming hearing. After the Commission hearing, we would like to meet with you to discuss in more detail the feasibility of additional transit service in the area. THE ORANGE COUNTY REGISTER - 3/28/86 Lands panel OKs proposal to upgrade' Newport Dunes By Jeff Weir The Register SACRAMENTO — The state Lands Commission on Thursday routinely approved Orange Coun- ty's plans to spend $1.5 million on new public facilities, walkways and ramps at the Newport Dunes Aquatic Park in the upper part of Newport Bay. The improvements, designed to expand public access, are part of a redevelopment project for the beach -and -boating area along Coast Highway inland from Balboa Island, said David Rosso, chief of lease development for the county's Environmental Management Agency. The overall project includes con- struction of a hotel, new restau- rants, upgraded beaches, bike paths, dry boat storage and camp- ing facilities for recreational vehi- cles. Newport Dunes, adjacent to the Newporter Inn, is a privately oper- ated recreation complex on lands leased from the county. The pro- ject comes under the purview of the Lands Commission because the area is Part of the Newport Tide- lands region. State law, in addi- tion, requires commission approv- al of any tidelands expenditures exceeding $250,000. As part of the approval process, the state will require the operator, Newport Dunes Inc,, to provide free public pedestrian access to the facilities. The improvements will be subsi- dized by a loan from the county's Harbors, Beaches and Parks Dis- trict to a tidelands trust fund. Rosso said the trust fund, which now operates at a deficit, will PAY off the loan from lease revenues. "The Harbor, Beaches and Parks District gets its money from property -tax funds and also lease and concession revenues from var- ious recreation facilities," said Rosso. "They have a reserve which allows them in this case to loan the money to the Newport Tidelands fund." The Lands Commission action, he added, "gives an overall bless- ing by the state to the concept of spending the money for these pub- lic improvements and the financial concept of one county fund loaning money to another." Rosso also said Newport Dunes Inc: will "pay substantially more" than the county for the overall re- development costs. State officials said there was no known opposition to the project, which has been approved by the state Coastal Commission. RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST (ROADWAY, SURE 390 IONG REACH, CA 90002 (217) SM5071 PERMIT AUTHDRIZATION Newport Harbor Shipyard 223 21st Street Newport Beach, Ca. Dear Applicant: GEORGE DEUKMEJIAN. Gorr r PG:wr x� `n Date: Aueust-22, 1986 Permit NO. 5-86-321 Please be advised that you are herebya�Jlthorized to proceed with development of your project, permit number 5-86-321 Commission on _ July 109 1986 Developwhich was reported to the Development of your project is subject Permit which was sent to ydu on, to compliance with all terms and conJ4ilti0gq sp;g1fied in the Administrative u Y , Should you have any questions please contact our office. L. fRECEIYFD P1cnni $ • Denartnn.nt AUG261986 ER- Crn CF NE1YPt1'-'--CEACFI, CALIF_ V. PETER DOUGLAS Executive Director by: Title: _Staff Analyst RECEIVED 9 Planni�+ OC"9 RJ986 NIEWPORT ;rcACM k �AIIF: y ,1 ,ANIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gawe , JRNIA COASTAL COMMISSION COAST AREA Page 1 of fJ WEST EROADWAY, SUITE 390 _3_ LONG MACH, CA 90802 Permit Application No. 5-86-321 PG:wr (213) HO.5071 Date 6/16/86 ADMINISTRATIVE PERMIT APPLICANT: Newport Harbor Shipyard PROJECT DESCRIPTION: Demolition of an "L" shape sandbags bulkhead which exists on a portion of the lot, and construction of a new approximately 92' long concrete bulkhead which will join adjacent bulkheads on bothsides of the project. PROJECT LOCATION: 223 21st Street, Newport Beach. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, are discussed on subsequent pages. Pursuant to Public Resources Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. Any development located between the nearest public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, July 10, 1986 9:00 a.m. Burton W. Chace Park, West End of Mindanao Way, Marina del Rey, Ca. IMPORTANT - Before You may proceed with development, the following must occur: For this permit to become effective you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgment and evidence of compliance with all special conditions, we will send you an authorization to proceed with development. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH PETER DOUGLAS Executive Director by: I�w�a—w^ , STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The project require approximately 400 cubic yard fill in the lower Newport Bay. Therefore the Executive Director further determines that accumulative impact of this kind of development would have adverse environmental impact on lower Newport Bay. However the proposal will improve coastal dependent recreational uses therefore the Executive Director determines that the project, as conditioned to require the applicant to participate in the mitigation plan for the restoration of the Upper Newport Bay Ecological Reserve is consistent with section 30233 of the Coastal Act. SPECIAL CONDITIONS: See attached RYnnVn....vrr..r... I/We acknowledge that I/we have received a copy o accepted its contents including all conditions. Applicant's Signature s permit and have Date of Signing page 3 5-86-321 SPECIAL CONDITIONS. i Prior to transmittal of permit, the applicant shall have completed financial arrangements with the California Department of Fish and Game which will allow for the applicants participation in the mitigation plan for the restoration of the Upper Newport Bay Ecological Preserve. By accepting this permit, the applicant agrees to provide funds adequate to restore area equivalent of four times the square footage of fill area covered by this project. The amount of the fund shall be determined by the Dept. of Fish and Game and, shall be deposited to the enhancement fee fund account. r pLANS RECEIVED FROM COASTAL COMMISSION - August 26, 1986 Newport Harbor Shipyard - 5-86-321 223 - 21st Street, Newport Beach E' %v i RESOLUTION NO. 1.0 O 2.4 d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE LAND USE PLAN AND DEVELOPMENT POLICIES OF THE LOCAL COASTAL PROGRAM AND THE WORK PROGRAM FOR PHASE III OF THE LOCAL COASTAL PROGRAM WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a Local Coastal Program; and WHEREAS, said Local Coastal Program will set forth the objectives, supporting policies and implementing ordinances which wil guide future development in the coastal zone in the City of Newport Beach; and WHEREAS, the proposed Land Use Plan and Development Policies has been reviewed by the Local Coastal Planning Advisory Committee in 26,public meetings, the Planning Commission in nine public hearings and the.City Council in eight public hearings; and WHEREAS, the City of Newport Beach has prepared a proposed Land Use Plan and Development Policies (Exhibit "A") that reflects the concerns of members of the general public, 'the Local Coastal Citizens Advisory Committee, the Planning Commission, and further reflects the decisions of the City Council on each of the Land Use and Development Policies contain- ed therein; and WHEREAS, the City of Newport Beach has prepared a Work Program for Phase III (Exhibit• "B") of the Local Coastal Program that reflects the work necessary to implement the Land Use Plan and Development Policies. 5 4( Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the proposed Land Use Plan and Development Policies of the Newport Beach Local Coastal Program which is attached to this Resolution, marked Exhibit "A" and incorporated herein by reference as though fully set forth; and BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach does hereby approve the Work Program for Phase III of the Local Coastal Program which is attched to this Resolution marked Exhibit "B" and incorporated herein by reference as though fully set forth; and BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach hereby authorizes submittal of the proposed Land Use Plan and Development Policies of the Newport Beach Local Coastal Program to the Regional Coastal Commission for formal review and approval; and BE IT FURTHER RESOLVED that the City Council of the City of Newport Beach hereby authorizes submittal of the Work Program for Phase III of the Newport Beach Local Coastal Program and a pending application to the Regional Coastal Commission; and BE IT FURTHER RESOLVED that the City Manager of the City of Newport Beach is hereby authorized,and empowered to execute on behalf of the City of Newport Beach, all necessary applications, contracts and agreements and amendments thereto, to E i provide funding assistance for Phase III of the Newport Beach CLocal Coastal Program. ATTEST: C1ty Clerk ADOPTED thisilth day of April , 1981. / ,Mayor 041381 HRC/pr r fRev. 11/SO LOCAL COASTAL PROGRAM APPLICATION FOR FUNDING TOTAL WORK PROGRAM I Name of Applicant: City of Newport Beach Project Director: James D. Hewicker Title: Planning Director Address: 3300 Newport Boulevard Newport Beach, CA 92663 Phone: (714) 640-2137 Fiscal Officer: George Pappas Title: Finance Director Address: 3300 Newport Boulevard , Newport Beach, CA 92663 Phone: (714 640-2256 State tate "J.btrict s Congressional: 40 Senate: 36 Assembly: 74 Months Required to Complete Total Work Program: 12,mont4s: Grant'Requested $" ,000 . for Total Cost of Program: $ 60,000 Grant Period: 1 81 - 10/82 List the Dates of Ado tion or Status of Your General Plan Elements: Open " Scenic Land Use Circulation Housin S ace Conservation Noise Seismic Safet Safet Hi hwa 1973 1974 1974* 1973 1974 1974 1975 1975 1973 *Currently under revision. © 1. Resolution authorizing grant application Q 2. Application form ® 3. Total Work Program ® 4. Products and Other Milestones Description ® 5. Budget y, 6. Statement of Assurances ❑ 7• Clearinghouse Form (submit CA 189 or 424 to Area Clearinghouse and copy of form to Coastal Commission for submission to State Clearinghouse for intitial Phase II grants only. Check with your local area clearinghouse for Phase III grant submittal. Transmit verification of clearing- house review when complete.) Submit two (2) copies of completed application to Coastal Commission; one copy must bear original signatures on items 1, 2 and 6 above. Submit one copy each to the regional and state commission offices. Authorized Official S.igna ur Robert L. Wynn �, Date 8/13/81 it e: City Manager D R A F T City of Newport Beach Local -Coastal Program Phase III - Implementation Work Program March 23, 1981 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2261 INTRODUCTION 0 The Land Use Plan portion of the Local Coastal Program establishes com- munity policies and maps appropriate land uses within the Coastal Zone. Several separate types of actions will be necessary to implement the adopted Land Use Plan. These will include policies and ordinances, inter- governmental coordination, and funding of projects and programs. In addi- tion, administrative procedures for the issuance of coastal permits will need to be established. These procedures will include application require- ments, public hearing requirements, and appeal procedures. This work program outlines the major tasks which need to be completed dur- ing the implementation phase as well as a listing of items for action in the major task areas. These will be refined during the Phase III studies and in the subsequent public hearings. I IMPLEMENTATION PROGRAMS Ongoin4 Proorams and Policies. Many of the policies contained in the Land * Use Plan require continuation*or commencement of ongoing programs and poli- cies rather than a specific action. These include policies relating to maintenance and operation of public facilities, leasing of public lands, and preservation of important coastal resources. Existing City policies and programs which implement the Land Use Plan will be identified. Additional policies and programs will be formulated as necessary and will involve the adoption or revision of the Newport Beach Municipal Code or the Newport Beach City Council Policy Manual. Items in- cluded in this section are: 1)• To permit dinghy launching at all safe street ends and beaches. 2) To designate an area for a public launching facility for small sailboats. 3) To restore electrical service at the Rhine Channel Sea Wall. 4) To establish City maintenance and operation of bay and ocean beaches. 5) To establish City maintenance of streets and walkways. 6) To establish regulations regarding dredging, diking and filling. 7) To preserve vista•points access across public property. 8) To establish regulations regarding the lease of public properties. 9) To establish a policy to work with Orange County Transit District to provide efficient public transit in the City. 10) To establish a policy of City encouragement of the opening of adjoining ocean and waterfront areas to distribute public use. 11) To continue to cooperate with the Orange County Housing z Authority to assist qualified rentals in the City of Newport Beach. T,12 To support the provision of a marina in West Newport. 13) To establish policies to protect archeological and paleon- tological resources. 14) To protect and maintain support facilities for recreation and education facilities. The budget requirements for this task fall into two categories: 1) costs involved in research and formulation of ordinances and City Couhcil poli- cies, and 2) ongoing costs for implementation. 'The first category of costs is estimated below. The second category represents annual costs to the City which cannot be estimated at this time. Man Days City Consultant a) Research and document action 5 of all existing programs and policies. b) Preparation of new policy 15 and ordinances as necessary. c) Prepare detailed cost esti- 5 - mates for full implementation. _ TOTAL 25' - General Plan Amendments. Many of the policies, land use categories and land use designations contained in .the land use plan will require General Plan Amendments. These may take the form of additional General Plan policy lan- guage, additional or revised area descriptions in the text, and revisions to the General Plan map.- Items included in this section are: 1) Establish that development shall not interfere with prescriptive rights. 2) To-encoura-ge maintenance of summer weekly rentals to provide overnight accomodations. 3) To preserve and protect lower -cost visitor serving commercial facilities. 4) To encourage development'of affordable housing by providing incentives. 5) To provide public visual access across private properties. 6) To'regulate the location of structures on vacant sites. j 9 0 7) To require provision of public access in new development. 8) To require implementation of the bikeway system. 9) To encourage ride -sharing and carpooling to minimize traffic demands. 10) To allow joint use of parking of commercial development by coastal visitors. 11) To establish the Land Use Designation for Recreational and Marine Commercial. 12) To establish the Land•Use Designation for Retail and Service Commercial. 13) To establish the Land Use Designation for Recreational an11 d Environmental Open Space. 14) Additions or revisions of Area Descriptions in the Land Use Element. (approximately 38). 15) Revisions to Land Use Maps (approximately 30). The budget requirement$ for this task include: Man Days City Consultant a). Research and prepare all 10 _ General Plan revisions, b) Research and .prepare all .5 _ necessary map revisions. c) Public review and hearing. 6 TOTAL 21 - Zoning. Perhaps the most comprehensive tool available to the City is thet police power to control land uses through zoning. The Land Use Plan of the Local Coastal Program establishes several different land use designa- tions. Some are similar to existing zoning designations, while others have been specifically created for the Local Coastal program. Each desig- nation will have to be carefully reviewed and compared to•existing provi- sions. Existing zoning districts will need to be altered or new districts created in order to implement the Land Use Plan. Once the zoning districts have been prepared, some property within the coastal zone will need to be rezoned in order to implement the land use Plan. This will involve public notice and public hearings. Many of the Policies contained in the land use plan which will be included in the General Plan Amendments will also have to be added to the Municipal Code J 0 i or Zoning Ordinance'to insure their implementation. This may be done by adding or revising chapters in the Municipal Code or Zoning Ordinance to set standard conditions or mitigation measures applied to projects in the Coastal Zone. Existing City policies and ordinances will be researched, and new condi- tions established as necessary. Items included in this section are: 1) Development of a Recrea-fional and Marine Commercial Zoning District. 2) Development•of any special zoning districts or chapters as required. 3) Revisions to existing commercial coning districts as required. 4) Revisions to existing open space'district� as required. 5) Develop a core Planned Community Text to be applied to approxi- mately seven P-C areas. . 6)' Process zone changes (approximately 32 areas). 7) Establish procedures to encourage development of affordable housing by providing incentives. 8) Establish procedures to require public access in new develop- ment.' 9) Establish procedures to require implementation of the bike- way system. 10) Establish procedures to encourage ride -sharing and carpooling to minimize traffic demands. 11) Establish procedures to promote joint use of parking of com- mercial development by coastal visitors. The budget requirements of this task include: Man Days City Consultant a) Research and preparation of 5 - new and revised zoning dis- tricts. b) 'Research and preparation of 5 5 core P-C Text. c) Research and preparation of 1'0 - necessary zone changes. d) Research and preparation of new ordinances. e) Public review and hearings TOTAL 5 10 10 35 30 Development of Planning Documents. In order to implement many of the poli- cies contained in the Land Use Plan, some type of planning study or docu- ment will need to be developed by the City. Items included in this section are: 1) A location and••development plan :for restroom facilites. 2) A location and development plan for marine sanitation facilities. 3) A location and development plan for drinking facilities. 4) A location and development plan for bicycle racks. 5) A location and development plan for commercial fishing facilities. 6) Provision of potable water at the Rhine Channel Sea Wall. The budget requirements for this task fall into two categories: 1) costs involved in research and formulation of plans, and 2) ongoing costs for implementation. The first category of -costs is estimated below. The second category represents substan'tia.l plan implementation costs which - cannot be estimated at this time. Man Days CitVConsultant a) Research and data collection. 5 6 b) Formulation of facilities plans. 10 21 c) Identification -of funding alter- 3 5 natives. d) Development of cost/benefit 5 5 criteria. e) Establishment of priority and 5 5 phasing plan. f) Public review and comment. 10 5 TOTAL 38. 47 Intergovernmental Coordination. Intergovernmental coordination will be 4 vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Re- sources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City'is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. The funding req.uirements for this task include: C i ty a) Coordination of input from 3 other tasks. b) Identification of specific 2 projects and programs involving other agencies. c) Meetings and communication. 8 d) 'Revi'sions to other tasks, 3 TOTAL 16 Man Days Consultant 2 2 4 2 10 funding. Many of the policies in the Land'Use Plan call for the provision of new or expanded public.services and facilities. Methods of providing funding for these will be explored. The funding sources or programs should reflect the "statewide" significance of the coastal resources of Newport Beach. Funding sources to be explored include grants, appropriations, revenue - sharing, user fees, and in -lieu fees. The amount of time allocated to this task should be proportional to the level of funding required to implement the various programs. The following estimates should be considered as a minimum: Man Days City Consultant a) Explore sources of funding. 2 5 b) Determine qualifications for 1 3 funding. c) Prepare all necessary applica- 10 5 tions or budget support infor- mation. TOTAL 13 13 ADMINISTRATIVE PROCEDURES In addition to the implementation programs discussed above, the City is required to establish administrative procedures for the issuance of coastal permits. These procedures should include an application process, review procedure, relliew criteria, public review and input process, public hearing requirements, appeal criteria, and appeal procedure. The adminis- trative procedures should be integrated into existing City procedures and policies to the extent possible. The budget requirements will be as follows: Man Days City Consultant a) Research requirements of Coastal 2 Act and Coastal Commission for local issuance of permits. b) Research requirements of Coastal 2 Act and Coastal Commission for appeal of local decisions. c) Review all existing City proce 3 dures. d) Prepare coastal permit manual 10 containing complete adminis- trative procedure. TOTAL 17 FUTURE ACTIONS NECESSARY. There are some policies contained in the Land Use Plan of the Local Coastal Program which require plan development which cannot be accomplished within the time frame of completion of the Phase III work and certification of the Newport Beach Local Coastal Program. These items include: 1) Development of a Municipal Transit Plan. 2) Development of publicity program for the transit plan. 3) Development of a pool parking management program. 4) Upper Newport Bay Sedimentation Plan. 5) Development of a management plan for Upper Newport Bay Ecological Reserve. These plans will be extremely complex and involve the participation of many jurisdictions and agencies. They will be completed in an expeditious manner as funding becomes available. 0 BUDGET SUMMARY Overall budget requirements for the implementation phase based on the individual tasks outlined above would be: Programs and Policies General Plan Amendments Zoning Development of Plans Intergovernmental Coordination Funding Administrative Procedures TOTAL Man Days City Staff Consultant Staff 25 - 21 - 35 30 38 "47 16 10 13 13 17 - 165 100 Assuming average rates of $35.00 per hour for consultant staff and $20.00 per hour for City staff, plus allowances for printing and miscellaneous expenses, the total budget for the implementation phase would be $60,000. SCHEDULE Implementation of the Land Use Plan will be an ongoing process. However, the policies, ordinances, amendments and programs can be accomplished with- in a reasonable time frame. The specific action items to be addressed in Phase III have been summarized on the following charts. Implementation scheduling has been divided into three time frames. These are (1) Items on which immediate action is possible (1-3 months); (2) Items for which a lengthy procedure is necessary (4-6 months); and(3) Items which will re- quire future action. Action items included in this work program fall into categories 1 and 2 above and involve three main stages: research, prepara- tion, and public review and adoption. ra I P LOCAL COASTAL PROGRAM Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M - Map ACTION ITEM COUNCIL POL- GENERAL PLAN ZONING Y ICMANUAL AMENDMENT DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMATF 1, Adopt an ordinance to permit dinghy launching at A PLAN RESOLUTION RE UIRED DESTREAB CO all safe street ends and beaches. Pa ae 36 Item 9). 1 Yes No . 2. Designate an area for a public launching Ordinance facility for small sailboats. (Page 34 lten 13). I Yes No 3. Restoration of electrical service at the Rhine - Ordinance Channel Sea Hall. 4. Ordinance establishing City maintenance and I - B Ordinance Yes llo operation of bay and ocean beaches accomp lshe Pa a 8, Item 1 Nun. Cd. Sec. No No 5. Urdinance establishing Clty maintenance o 2.12.090 (b) '.. streets and walkways. ' accomp is e Pao I m1 1 Mun. Cd. Sec. No No 6. Establish rent of regulations regarding dredging, 2.12.090 (b) diking, and filling. 7. Establish administrative procedures for issuance I Ordinance Yes No of City coastal permits. 8. Preservation of vista points access across L Code Amend L Ordinance Yes No public property. I 9. Regulations regarding the lease of public Minute Action No No property. I 10. Policy for City to work with OCTO to provide Minute Action No No efficient public transit in the City. I 11. Policy to encourage the opening of adjoining Hinute Action NO No ocean and waterfront areas to distribute public I 12. Th: CiMinute ty shall continue to cooperate with the Action lln, No Orantge County Housing Authorit to assist I ��iral fia�i ra t rc !Part Minute Action No No O ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT TONING DEVELOP A PLAN ORDINANCE/ RESOLUTION HEARING REQUIRED CONSULTANT DESIREABLE ESTIMATED 13. Support the provision of a marinain 1West Newport. I Pa 34 It_em 1 Minute Action No No 14. Policies to protect Archeological and I accomplished Paleontological Resources. (Page 26) Policy K5, K6 No No Protect and maintain support facilities for 15. recreation and education facilities. I L Minute Action (Page 35 Item 5 (Zone Change) r i a No Y Na Development shall not interfere with pre - 16. es scriptive rights. L - T Resolution Yes No 17:-P.olicy to maintain summer weekly rentals to provide overnight accomodations. L - T Resolution pa a 34 item 0. Yes No 18 The City shall preserve and protect lower cost visitor serving commercial facilities. L - T Resolution Yes No 19 City shall encourage development of affordable housing by providing incentives. L - T Resolution Yes Yes P0. Policy to provide public visual access across private properties. L - T Resolution Yes No P1. Policy regulating the location of structures . on vacant sites. L - T Resolution Yes No (Dagn 21__TtPm 1 A 9- D. 41) -Newport. 22. Area description for West (Page 44). L - T Resolution Yes No b. Area description for Caltrans East. .. (Pages 47-48) L - T Resolution Yes No 24. Area description for Coast Hwy/Bayside Drive. (Pages 47-48) L - T Resolution Yes No P LOCAL COASTAL PROGRAM Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text u - nap ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMATED 25, Area description and map for Bayside and A PLAN RESOLUTION RE UIRED DESIREABL COST Marine. (Page 48, map 15) L - T - M Resolution Yes No Howards Restaurant/Coast Hwy Commercial Area change to Retail and Service Commercial L - M (flap 31. Resolution Yes No if•Change Newport Harbor Yacht Club to Open Space L - M designation. 10 Resolution Yes No 28,0asignate walkway at Hest edge of Coves Condos for open space. L - M Resolution Yes No 29,0asignate the Sand Castle condominiums for Multi -Family Residential. L - M Wan 4 Resolution Yes No 30.Provision of public access in new development. L (Page 9, Items 4; 5, 8 6) L - T Resolution (Code Amend.) Ordinance Yes No 31.Require implementation of bikeway system. (Page 12, Item 3). L - T L Resolution (Code Amend Ordinance Yes No 32.Encourage ride -sharing and carpooling to minimize traffic demands. ° L - T L Resolution (Code Amend j Ordinance Yes No 33.Joint use of parking of commercial development L by coastal visitors. L - T Resolution Code Amend) Ordinance Yes Yes 34.Develop a Recreational and Marine Commercial L designation. (Page 35, Iterts 1 8 2, Pages 47-42 L - T Resolution Code Amend. Ordinance Yes Yes 35 Retail and Service Commercial designation. L (Page 42) L - T Resolution Code Amend) Ordinance Yes 36 Recreational and Environmental Open Space Yes designation. 411 L - T L Resolution Code Amend) Ordinance Yes No LOCAL COASTAL PROGRAM METTEIRRE994TATffN Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M - Man ACTION ITEM 37Area description for 32nd Street. (Page 44) 38: Area desription for the Beeco Property. (Page 44) COUNCIL PAL- ICY MANUAL GENERAL PLAN AMENDMENT L - T ZONING L (Zone Change) DEVELOP' A PLAN ORDINANCE/ RESOLUTION Resolution Ordinance HEARING REQUIRED CONSULTANT DESIREABLE ESTIMATE[ Yes No L - T L (P.C. Text) es0 ut on Ordinance Yes Yes 39. Area description for Caltrans West. (Page 45) 40. Area description fI:' I-0ariners' Mile. (Page 45) 41. Area description for Balboa Bay Club. (Page 45) L - T L - T L - T L (Zone Change) F(ZoneChange) Resolution Ordinance Resolution Ordinance Resolution Ordinance Yes Yes Yes No No No 42. Area description and Map for Lido Village. (Page 46, Map 4)- L - T Resolution Ordinance Yes No 43. Area description and Map for Lido Isle. (Page 45, Maps.6 & 7) K. Area description for -Lido Peninsula. (Page 45 & 46) I5• Area description and Map for Cannery Village. (Page 46, Map 8) L - T - M L - T L - T - M L (Zone Change) L (P.C. Text) (Zone Change) LEF_ Resolution Ordinance Resolution Ordinance Yes Yes No Yes Yes No 46. Area description for McFadden Square. (Page 46) L - T L (Zone Change) Yes No �7• Area description and Map for Marinapark. (Page 46, Map 9) L - T - M L (Zone Change) Yes No 8• Area description and Map For Island Avenue. (Page 47, Map 10) L - T - N L (Zone Change) Resolution Ordinance Yes No Y LOCAL COASR6 PROGRAM P { Legend; B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text U ..-- r. ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAR ZONING AMENDMENT L DEVELOP A PLAN E/ HEARING RN RE UIRED OInae CONSULTANT DESIREABLE ESTIMATED COAL 49 Area description and Map for Central Balboa. {Page 47, Map 11) L - T - M Code Amend) tion 50. Area description and flap for Balboa Peninsula Zone Change nce Yes Yes Paint. (Page 47, fap 12) L - T - M (Zone Change) OrdResinance Yes No 51. Area description and tfap for Balboa Island. L (Page 47. F'aps 13 & 14) ion L - T - M (Zone Change) ce Yes No J2• Area description and ttap for the Beacon Bay/ L Dalbaa Yacht BasinL - T - M (Zone Change) ion ce Yes No 53. rea description for Bayside Drive. (Page 48) L - Resolution L - 7 (Zone Change) Ordinance Yes No 94. Area description for Corona del Mar State Beach. L Resolution P a L - T (Zone Change) Ordinance Yes No 55. Area description for Newport Beach Marine Life Refuge. (Page 48) L Resolution L - T (Zone Change) Ordinance Yes No 56. Area description and Map for Corona del Mar/ Coast ltdy Commercial. L Resolution (Pago a L - T - M (Zone Change) Ordinance Yes No 57. Area description for Buck Gully and Morning Canyon. L Resolution L - T (Setbacks) Ordinance Yes No 58. Area description and Map for Newport Center. (Page 49, Maps 37, 48, 49) LL - T - M P.C. Texts.) ion Yes =Resolution No Sg, Area description and Map for Bayviert Landing, (Page 49, Maps 37 & 38) L ce L - T - M (Zone Change) Ordinance Yes No ;0. Area description and Idap for De Anza Bayside Village. L Resolution __(Pane 49 Mao �7 ssl L - T - M (P.C. Text) Ordinance Yes Yes LOCAL COASTAL PROGRAM P Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M _ u— "Y ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTI14ATEE 61. Area description for Newporter Inn - - - - A PLAN RESOLUTION REQUIRED DESIREABLE _ (Page 49) L L Resolution 6P Area description for Newporter North. - T (Zane Change) Ordinance 'Yes No (Page 49) L - T (P.C. Text) Resolution Ordinance Yes Yes 53. Area description and Map for Mouth of Big Canyon. L Resolution (Pao c q & L - T - M (Zone Change) Ordinance Yes No 0 tdao 1 54. Area description and I4ap for Eastbluff Remnant. (Page 50, Map 40) L Resolution L - T - M (Zone Change) Ordinance Yes No 55. Area description and Map for Westbay. (Page 50, Maps 29 & 30) L Resolution L - T - M (P.C. Text) Ordinance Yes Yes i6. Area description for North Star Beach. (Page 57) L Resolution L - T (Zone Change) Ordinance Yes No i7. Area description for Castaways. - L (Page 51) L - T (P.C. Text) Resolution Ordinance Yes No i8. Area description and Map for Upper Bay L Resolution Ecological Reserve (Page 51, Maps 28, 30, 36, L - T - M (Zone Change) Ordinance Yes No ;9. Pacific Electric Right -of --Way between 22nd & 26th Streets, Newport and Balboa Blvds. L - M L (Zone Change) Resolution lM3ne A R Q) Ordinance Yes No 0. 10th Street Beach Area. (fop 10) L Resolution L - M (Zone Change) Ordinance Yes No 1. Bayshores Marina Parking and Beach Areas. (Map 23) L Resolution L - M (Zone Change) Ordinance Yes No 2. Bobby McGee's/Chick Iverson Area. (Map 37) L Resolution L - M (Zone Change) Ordinance Yes No LOCAL COASTAL PROGRAM P WaTERATM Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M — Man ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMATED 73. San Diego Creek Area description and Map. L A PLAN RESOLUTION RE UIRED DESIREABLE COST (Page 50, Yap 44) L - T - M Zone Change) Resolution Ordinance Yes No 74. Jamboree and MacArthur Area description and Map L (Page 50, Map 66) L - T - M (Zone Change) esu Ion Ordinance Yes No 75 Seascout Base and Intercollegiate Rowing Base. (Map 6) L Resolution L - M (Zone Change) Ordinance Yes No 76. Sewage Disposal Plan Area. LResolution (F,ap 22) L - M (Zone Change) Ordinance Yes No 77, Shores Specific Area Plan. L (Page (Page 44) _• _ ___ (Code Amend) Ordinance Yes No 78. Revision to Coastal Bluff Regulations. L (Pages 24-26) (Code Amend.) Ordinance Yes tlo 79. Development of a Municipal Transit Plan. No Yes (Page 15, Itesms 5 b 6) F Resolution BO. Develop a publicity program for the transit No Yes plan. (Page 15. Item 10) F Resolutions 31. Develop a pool parking management program. No Yes (Page 16, Item 11) F Resolution 12. Upper Newport Bay Sedimentation Plan. (Page 21, Item 4) F (1983) Resolution No Yes t3. Development of a management plan for Upper No . Yes14 Newport Bay Ecological Reserve. (4+age 2, Item 5 Resolution Location and development plan for restroom EF No Yes facilities. (Page 33, Items 4 R 51 Resolution r LOCAL COASTAL PROGRAM P 1 I Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text ACTION ITEM 5. Location and development plan for marine sanitation facilities. (Pane 33 Item Location6. and de5 velopment plan for drinking facilities. (Pa a 34, Item ocation and development pan for bicycle racks. Pa 34, Itgm B. Develop a plan to provide commercial fishing facilities. Pa a 35 Item 3 1. rovision of potable water at the Rhine Channel Sea Nall. (Page 36 Im B COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING L - B L - B L - B L L - B DEVELOP A PLAN Resolution Resolution Resolution Resolution Resolution ORDINANCE/ RESOLUTION HEARING REQUIRED No No No No No CONSULTANT DESIREABLE Yes Yes Yes Yes ESTIMATED COST _ No j Month Milestones 1 (30 day) 1. Specific outlines and schedules for completion of all products. 3 1. Development of ordinances for action Items 1, 2, 3, & 6 (reference action item list in Phase III Work Program) 2. Revisions to City Council Policy Manual (Items 8-15) 6 1. Development of all zoning district changes and additions (Items 7, 155 30-76, 78, 84-89) 8 1. General Plan Amendments (Items 16-73) 10 1. Planning Commission Hearings 11 1. City Council Hearings 12 1. Coastal Commission Hearings 11 REV 11/80 , • • LOCAL COASTAL PROGRA14 BUDGET ALLOCATION Grant Applicant: City of Newport Beach Address: 3300 Newport Boulevard Newport Beach, CA Zip Code: •92663 Project Title: Phase III - Implementation, Local Coastal Program Grant Amount Requested: $60,000 Grant Period: 12 months.. 11/81 - 10/82 Current Grant Request" Personal Services Salaries and Wages '23,000- Benefits 3,400 Total Personal Services $ 26,400 Operating Expenses Travel Professional and Consultant Services Indirect Charges (see over) Other (Itemize, use separate sheet if required) office supplies postage printing of reports if an overhead rate is charged, Drovide basis and breakdown) Total Operating Expenses Total Budget 28,000 1,000 600 4,000 $ 33,600 $ 60,000 "Please round off all budget amounts to the nearest dollar. J Statist of Assurances Form STATEMENT OF ASSURANCES The Applicant hereby assures and certifip; that he will comply with the regula- tions, policies, guidelines, and requirviwnts including OMB Circulars Nos. 74-4. A-95, and 74-7, as they relate to the application, acceptance and use of federal funds for this federally assisted project. Also, the Applicant assures and cer- tifies with respect to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, n,..ion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, includ- ing all understandings and assurances contained therein, and directing end authorizing the person identified as the official representative of the appli- cant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights -Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures neces- sary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where, (1) the primary purpose of a grant is to provide employment or, (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the -Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L..91-646) which Provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5- It will comply with the provision of the Hatch Act which limits the poli- tical activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their posi- tions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the grantor agency or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the federal grantor agency concerning special requirements of law, program requirements, and other admi- nistrative requirements approved in accordance with Office of Management and Budget Circular No. 74-7. Signature of Authorized Offi ial i 0 jo to 4 CL J5 ? �WT'3t.4L %ticttfss g-i�f3c�L.-sti ��' I�FitJt�--/1'-�_fO_ �/�' �D ,U 2e�aJ A_) Ct 7p t to-cr d !✓i t-�"�'-jS 3Z C�L �ssstr►ct,S �1A$�cr>. z i 0 JDH M Wynn 3/11 8:45 Council Committee on LCP Phase III Implementation meeting today at 4:00 BE THERE Message: 1, I agree with you that Column I should be more specific. 2. The Code lengthy procedure should be defined in terms of range of months - how'lengthy are we talking about? 1 to 3 months; 2 to 4 months; 3 to 6 months? a) Need to know what wdrds pre -certification and post - certification are. 3< Under zoning LM on the grid - LT - LTM - ghat does the T mean M LU - " u " U u 4. I would suggest going across the grid First item be action item Next Item be ordinance/resolution " policy manual GP amendment zoning consultant desirable - yes or no estimated cost hearing required - yes or no Next column would be time frame - time frame would list I, L, F - with those defined in terms of range of time 5. Isn't clear in the report what the column "Planned Development" means and what the letter F means in that. THIS SHOULD BE REVISED AND READY TO GO BY 4:00 THIS AFTERNOON LOCAL COASTAL PROGRAM SAE: B - Includes Budget Amendment e rc R IMPLEMENTATION- I - Immediate Action Possible (a -`A L--1-� L - Lengthy Procedure/Pre-Certificationt�� ,-5 F - Future Action Needed/Post-Certificat on ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING �PLANDEVELOP*EN+ p Dinghy launching -at all safe I street ends Public launching facility 2 for small sailboats I Restore electrical service 3 at Rhine Channel wall I B . i Maintain and operate bay accomplished and ocean beaches 2.12.090 (b) Street and walkway accomplished i 5 maintenance 2.12.090 (b) I Dredging, diking, filling I Administrative procedures CC`T3c:om;;2 0Z-R,nm L' L (Code Amendment) Vista points access across �! public property I k Public property leaseholds I j I . Work with OCTD I to Encourage opening of tiadjoining ocean areas I 17,Cooperate with Orange County Housing Authority NewpoEt Marina I t�West Protect and maintain ort facilities for rec e, kv L (Code Amendment) •s ,I LOCAL COASTAL PROGRAM CODE: B - Includes Budget Amendment ` IMPLEMENTATION MODES I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification F - Future Action Needed/Post-Certification rt: , r ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT 15. Prescriptive rights L (T) Maintenance of summer weekly rentals L (T) '17. Protect lower cost commercial '.'1visitor serving facilities L (T) • yl'8. Provision of affordable L (T) housing 19. Public visual access across private property L (T) 20. Location of structures L (T) P1. West Newport L (T) 22. Caltrans East L (T) 23. Coast Hwy/Bayside Drive L (T) • 4. Bayside and Marine L Howards Restaurant/ .5. Coast Hwy Commercial L (M 11 6. Newport Harbor Yacht Club L (M) -- -••- - 7. Walkway at West edge of -- - Coves Condominium L (M) 28. Bank of Newport Resident L (M) t+F. LOCAL COASTAL PROGRAM IMPLEMENTATION MODES CODE: B - Includes Budget Amendment { I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification F - Future Action Needed/Post-Certification ,jf� ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT •r; , °9. Public access I L (T) L (Code Amendment) <:30. Implementation of bikeway system L (T) L (Code Amendment) 1. Encourage ride -sharing and carpooling L (T) L (Code Amendment ) . -2: Joint use of parking L (T) L (Code Amendment) .�3. Recreation & Marine commercial .., L (T) L (Code Amendment) ;A. Retail & Service commercial L (T) L (Code Amendment) 35. Recreational and Environmen- t;{; tal open space L (T) L (Code Amendment) t 32nd Street L (T) L (U) - 7. Beeco Property L (T) L (P.C. Text) - $. Caltrans West L (T) L (U) 19. Mariners Mile L (T) L (Specific Amendment) 1 ',40. Balboa Bay Club `e L (T) (M) L (Zone Change) 1. Lido Village L (T) (M) L (Zone Change) 92. Lido Isle L (T) (M) L (Zone Change) LOCAL COASTAL PROGRAM IMPLE ENT TION MODES CODE: B - Includes Budget Amendment I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification. F - Future Action'Needed/Post-Certification j ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT f' 43. Lido Penisula L (T) L (P.C. Text) 44. Cannery Village L (T) (M) L (Zone Change) 45. McFadden Square L (T) L (Zone Change) • 46. Marina park L (T) (M) L (Zone Change) 4 47. Island Avenue L (T) (M) L (Zone Change) 48. Central Balboa_ L (T) (M) L (Code Amendment (Zone Change) ) 49. Balboa Peninsula Point L (T) (M) L (Zone Change) 50. Balboa Island L (T) (M) L (Zone Change) 151. Beacon Bay/Balboa Yacht Basin L (T) (M) L (Zone Change) • 52. Bayside Drive L (T) L (Zone Change) '53. Corona del Mar State Beach L (T) L (U) 54. Newport Beach Marine ' Life Refuge 1 1, L (T) L (R-1) 55. Corona del Mar/Coast Highway Commercial L (T) (M) L (Zone Change) 56. Buck Gully/Morning Canyon L (T) L (Setbacks) LOCAL COASTAL PROGRAM IMPLE ENT TIO MODES i CODE: B - Includes Budget Amendment I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification. F - Future Action Needed/Post-Certification ACTION ITEM. ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT 57. Newport Center L (T) (M) L (P.C. Texts, Zone Change, U t58. Bayview Landing L (T) (M) L (Zone Change, U) I Z 59. De Anza L (T) (M) L (P.C. Text) 60. Newporter Inn L (T) L (U) 61. Newporter North L (T) L (P.C. Text) 62. Mouth of Big Canyon L (T) (M) L (U) k 63. Eastbluff Remnant L (T) (M) L (Zone Change) 64. Westbay L (T) (M) L (P.C. Text) �65, North Star Beach L (T) L (U) • 66. Castaways 167. L (T) L (P.C. Text) Upper Newport Bay Ecological Reserve L (T) (M) L (U) :68. P.E. Right of Way between 23rd & 26th, Newport & Balboa Blvd. L (M) L (Zone Change) L (Zone Change) _ •69. 10th Street Beach L (M) ,70. Balboa Branch Library & Balboa Fire Station L (M) L (Zone Change) e7 LOCAL COASTAL PROGRAM IMPLEMENT TION MODES CODE: B - Includes Budget Amendment I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification F - Future Action Needed/Post-Certificati r ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT 71. Island Avenue Comm. L (M) L (Zone Change) j72. Bayshores Marina Parking L (M) L (U) t 73. Bayshores Beach L (M) L (U) i ,i 74. Bobby McGee's/Chick Iverson L (M) L (U) 75. San Diego Creek L (T) L (U) ;. 76. Jamboree and MacArthur L (T) L (U) 77. Seascourt Base, Intercolligate f Rowing Base L (T) (M) L (Zone Change) 78. Newport Shores S.P.-4 L (Code Amendment) 79. Sewage Disposal Plant Area L (Zone Change) . +; 80. Transit Plan F �81. Publicity Program for , Transit Plan F ' 82. Pool Parking Management Program F - - - 83. Upper Newport Bay ' Sedimentation F 84. Management Plan for Ecological Reserve F LOCAL COASTAL PROGRAM IMPLEMENTATION MODES CODE: B - Includes Budget Amendment. I - Immediate Action Possible L - Lengthy Procedure/Pre-Certification •F - Future Action Needed/Post-Certification ,01 ACTION ITEM ORDINANCES COUNCIL POLICY MANUAL GENERAL PLAN AMENDMENT ZONING PLAN DEVELOPMENT 85. Restroom facilities L B Marine Sanitation facilities i86. L B j87. Drinking fountains • L B :•88. Bicycle racks L B '..89. Commercial fishing facilities 90. Additional Pump -out facilities L B 191. Provide potable water cif at Rhine Channel Wall f� L B �S A• Funding - of course, will remain a question a' throughout the Entire process. i �. City Council*eting March 23, 1981 Agenda Item No. I-2 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Phase III Work Program and Marketing Plan Tor the Local Coastal Pro ram INITIATED BY: The City of Newport Beach Suggested Action If desired, review the Phase III Work Program and continue to the City Council meeting of April 13, 1981 for a report from the City Council Ad Hoc Committee on the Marketing Plan. Background At the meeting of February 23, 1981, the City Council approved the Draft Land Use Plan and Development Policies of the Newport Beach Local Coastal Program. Staff was also directed to draft a Phase III Work Program; and a City Council Ad Hoc Committee was established to study and propose a marketing program for the Local Coastal Program. The draft Phase III Work Program is attached for review as well as the revised Land Use Plan document as approved by the City Council. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director byii'-�� PATRICIA LEE TEMPLE Senior Planner PLT/kk Attachments for City Council Only: 1) Draft Phase III Work Program 2 Local Coastal Program Land Use Plan adopted February 23, 1981 Y t • ATTACHMENT NO. 1 D R A F T City of Newport Beach Local Coastal Program Phase III - Implementation Work Program March 23, 1981 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2261 INTRODUCTION • The Land Use Plan portion of the Local Coastal Program establishes com- munity policies and maps appropriate land uses within the Coastal Zone. Several separate types of actions will be necessary to implement the adopted Land .Use Plan. These will include policies and ordinances, inter- governmental coordination, and funding of projects and programs. In addi- tion,'administrative procedures for the issuance of coastal permits will need to be established. These procedures will include application require- ments, public hearing requirements, and appeal procedures. This work program outlines the major tasks which need to be completed dur- ing the implementation phase as well as a. listing of items for action in the major task areas. These will be refined during the Phase III studies and in the subsequent public hearings. IMPLEMENTATION PROGRAMS Ongoing Programs and Policies. Many of the policies contained in the Land Use Plan require contin.uation or commencement of ongoing programs and poli- cies rather than a. specific action. These include policies relating to maintenance and operation of public facilities, leasing of public lands, and preservation of important coastal resources. Existing City policies and programs which implement the Land Use Plan will be identified. Additional policies and programs will be formulated as necessary and will involve the adoption or revision of the Newport Beach Municipal Code or the Newport Beach City Council Policy Manual. Items in- cluded in this section are: 1) To permit dinghy launching at all safe street ends and beaches. 2) To designate an area for a public launching facility for small s,ai lboats. 3) To restore electrical service at the Rhine Channel Sea Wall. 4) To establish City maintenance and operation of bay and ocean beaches. 5) To establish City maintenance of streets and walkways. 6) To establish regulations regarding dredging, diking and filling. 7) To preserve vista points access across public property. 8) To establish regulations regarding the lease of public properties. 9) To establish a policy to work with Orange County Transit District to provide efficient public transit in the City. 10) To establish a_policy of City encouragement of the opening of adjoining ocean and waterfront areas to distribute public use. 11) To continue to cooperlte with the Orange County Housing z Authority to assist qualified rentals in the City of Newport Beach. 12) To support the provision of a marina in West Newport. 13) To establish policies to protect archeological and.paleon- tological resources: 14) To protect and maintain support facilities for recreation and education facilities. The budget requirements for this task fall into two categories: 1) cos.tIs involved in research and formulation of ordinances and City Couhcil poli- cies, and 2) ongoing costs for implementation. The first category of costs is estimated below. The second category represents annual costs to the City which cannot be estimated at this time. Man Days City Consultant a) Research and document action 5 of all existing programs and policies. b) Preparation of new policy 15 - and ordinances as necessary. c) Prepare detailed cost esti- 5 - mates for full implementation. TOTAL 25 - General Plan Amendments. Many of the policies, land use categories and land use designations contained in the land use plan will require General Plan Amendments. These may take the form of additional General Plan policy lan- guage, additional or revised area descriptions in the text, and revisions to the General Plan map. Items included in this section are: 1) Establish that development shall not interfere with prescriptive rights. 2) To encourage maintenance of summer weekly rentals to provide overnight accomodations. 3) To preserve and protect lower -cost visitor serving commercial facilities. 4) To encourage development of affordable housing by providing incentives. 5) To provide public visual access across private properties. 6) To regulate the location of structures on vacant sites. 3 7) To require provision of public access in new development. 8) To require implementation of the bikeway system. 9) To encourage ride -sharing and carpooling to• minimize traffic demands. 10) To allow joint use of parking of commercial development by coastal visitors. 11) To establish the Land Use Designation for Recreational and Marine Commercial. 12) To establish the Land Use Designation for Retail and Service Commercial. 13) To establish the Land Use Designation for Recreational and Environmental Open Space. 14) Additions or revisions of Area Descriptions in the Land Use Element. (approximately 38). 15) Revisions to Land Use Maps (approximately 30). The budget requirements for this task include: a) Research and prepare all General Plan revisions. b) Research and prepare all necessary map revisions. c) Public review and hearing TOTAL Man Days City Consultant 10 - 5 - 6 21 - Zoning. Perhaps the most comprehensive tool available to the City is the police power to control land uses through zoning. The Land Use Plan of the Local Coastal Program establishes several different land use designa- tions. Some are similar to existing zoning designations, while others have been specifically created for the Local Coastal program. Each desig- nation will have to be carefully reviewed and compared to existing, provi- sions. Existing zoning districts will need to be altered or new districts created in,order to implement the Land Use Plan. Once the zoning districts have been prepared, some property within the coastal zone will need to be rezoned in order to implement the land use plan. This will.involve public notice and public hearings. Many of the policies contained in the land use plan which will be included in the General Plan -Amendments will also have to be added to the Municipal Code 9 0 or Zoning Ordinance to insure their implementation. This may be done by adding or revising chapters in the Municipal Code or Zoning Ordinance to set standard conditions or mitigation measures applied to projects in the Coastal Zone. Existing City policies and ordinances will be researched, and new condi- tions established as necessary. Items included in this section are: 1) Development of a Recrearional and Marine Commercial Zoning District. 2) Development of any special zoning districts or chapters as required. 3) Revisions to existing commercial zoning districts as required. 4) Revisions to existing -open space districts as required. 5) Develop a core Planned Community Text to be applied to approxi- mately seven P-C areas. 6) Process zone changes (approximately 32 areas). 7) Establish procedures to encourage development of affordable housing by providing incentives. 8) Establish procedures to require public access in new develop- ment. 9) Establish procedures to require implementation of the bike- way system. 10) Establish procedures to encourage ride -sharing and carpooling to minimize traffic demands. 11) Establish procedures to promote joint use of parking of com- mercial development by coastal visitors. The budget requirements of this task include: Man Days City Consultant a) Research and preparation of 5 new and revised zoning dis- tricts. b) Research and preparation of 5 5 core P-C Text. c) Research and preparation of 10 - necessary zone changes. S d) Research and preparation of new ordinances. e) Public review and hearings TOTAL 5 10 10 35 30 Development of Planning Documents. In order to implement many of the poli- cies contained in the Land Use Plan, some type of planning study or docu- ment will need to be developed by the City. Items included in this section are: 1) A location and development plan for restroom facilites. 2) A location and development plan for marine sanitation facilities. 3) A location and development plan for drinking facilities. 4) A location and development plan for bicycle racks. 5) A location and development plan for commercial fishing facilities. 6) Provision of potable water at the Rhine Channel Sea Wall. The budget requirements for this task fall into two categories: 1) costs involved in research and formulation of plans, and 2) ongoing costs for implementation. The first category of costs is estimated below. The second category represents substantial plan implementation costs which cannot be estimated at this time. 'Man Days City Consultant a) Research and data collection. 5 6 b) Formulation of facilities plans. 10 21 c) Identification of funding alter- 3 5 natives. d) Development of cost/benefit 5 5 criteria. e) Establishment of priority and 5 5 phasing plan. f) Public review and comment. 10 5 TOTAL 38 47 Intergovernmental Coordination. Intergovernmental coordination will be vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Re- sources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. The funding requirements for this task include: Ci ty a) Coordination of input from 3 other tasks. b) Identification of specific 2 projects and programs involving other agencies. c) Meetings and communication. 8 d) Revisions to other tasks. 3 TOTAL 16 Man Days Consultant 2 2 4 2 10 Funding. Many of the policies in the Land Use Plan call for the provision of new or expanded public services and facilities. Methods of providing funding for these will be explored. The funding sources or programs should reflect the "statewide" significance of the coastal resources of Newport Beach. Funding sources to be explored include grants, appropriations, revenue - sharing, user fees, and in -lieu fees. The amount of time allocated to this task should be proportional to the level of funding required to implement the various programs. The following estimates should be considered as a minimum: Man Days City Consultant a) Explore sources of funding. 2 5 b) Determine qualificai:ions for 1 3 funding. c) Prepare all necessary applica- 10 5 tions or budget support infor- Mation. TOTAL 13 13 ADMINISTRATIVE PROCEDURES In addition to the implementation programs discussed above, the City is required to establish administrative procedures for the issuance of coastal permits. These procedures should include an application process, review procedure, reivew criteria, public review and input process, public hearing requirements, appeal criteria, and appeal procedure. The adminis- trative procedures should be integrated into existingr City procedures and policies to the extent possible. The budget requirements will be as follows: # Man Days City Consultant a) Research requirements of Coastal 2 - Act and Coastal Commission for local issuance of permits. b) Research requirements of Coastal 2 - Act and Coastal Commission for appeal of local decisions. c) Review all existing City proce- 3 - dures. d) Prepare coastal permit manual 10 - containing complete adminis- trative procedure. TOTAL 17 - FUTURE ACTIONS NECESSARY. There are some policies contained in the Land Use Plan of the Local Coastal Program which require plan development which cannot be accomplished within the time frame of completion of the Phase III work and certification of the Newport Beach Local Coastal Program. These items include: n 1) Development of a Municipal Transit Plan. 2) Development of publicity program for the transit plan. 3) Development of a pool parking management program. 4) Upper Newport Bay Sedimentation Plan. 5) Development of a management plan for Upper Newport Bay Ecological Reserve. These plans will be extremely complex and involve the participation of many jurisdictions and agencies. They will be completed in an expeditious manner as funding becomes available. FA BUDGET SUMMARY Overall budget requirements for the implementation phase based on the individual tasks outlined above would be: Man Days City Staff Consultant Staff Programs and Policies 25 - General Plan Amendments 21 - Zoning 35 30 Development of Plans 38 47 Intergovernmental Coordination 16 10 Funding 13 13 Administrative Procedures 17 TOTAL 165 100 Assuming average rates of $35.00 per hour for consultant staff and $20.00 per hour for City staff, plus allowances for printing and miscellaneous expenses, the total budget for the implementation phase would .be $60,000. SCHEDULE Implementation of the Land Use Plan will be an ongoing process. However, the policies, ordinances, amendments and programs can be accomplished with- in a reasonable time frame. The specific action items to be addressed in Phase III have been summarized on the following charts. Implementation scheduling has been divided into three time frames. These are (1) Items on which immediate action is possible (1-3 months); (2) Items for which a lengthy procedure is necessary (4-6 months); and(3) Items which will re- quire future action. Action items included in this work program fall into categories 1 and 2 above and involve three main stages: research, prepara- tion, and public review and adoption. W LOCAL COASTAL PROGRAM P Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monirhs F - Future Action Needed/Post-certification of LCP T - Text M- Man ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMAI 1. Adopt an ordinance to permit'dinghy launching at A PLAN RESOLUTION REQUIRED DESIREABLE C0 all safe street ends and beaches. I Yes No (Page 36 Item 9). Ordinance 2. Designate an area for a public launching facility for small sailboats. I Yes No (Page 34 Item 13 Ordinance 3. Restoration of electrical service at the Rhine Channel Sea Wall. (PAnp I - B Yes No Ir. Ttpm Al. 4. Ordinance establishing City maintenance and Ordinance accomp ishe operation of bay and ocean beaches Mun. Cd. Sec. No No Pa a 8, Item 1 2.12.090 (b) S. Ordinance establishing City maintenance o accomp is e streets and walkways. Mun. Cd. Sec. No No (Pace Item 21, -2.12.090 (b) 6. Establishment of regulations regarding dredging, diking, and filling. I Yes No 7. Establish administrative procedures for issuance Ordinance of City coastal permits. L L Yes No Code Amend Ordinance B. Preservation of vista points access across public property. I No No p Minute Action 9. Regulations regarding the lease of public property. I Minute Action N0 No 0. Policy for City to work with OCTD to provide efficient public transit in the City. I No No Minute Action 1. Policy to encourage the opening of adjoining ocean and waterfront areas to distribute public IMP_ (Page 35, Item 41- I Minute Action 140• No 2. The City shall continue to cooperate with the Orange County Housing Authorit to assist _ lifiad ranterc. (Pao I Minute Action No No I O � LOCAL COASTAL PROGRAM P Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text M - Map ACTION ITEM 37 description for 32nd Street. (Page 44) (Page COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT L - T ZONING _ L (Zone Change) DEVELOP A PLAN ORDINANCE/ RESOLUTION Resolution Ordinance HEARING REQUIRED Yes CONSULTANT DESIREABLE No ESTIMATEC COS db 38. Area desription for the Beeco Property. (Page 44) L - T L (P.C. Text) eso ution Ordinance Yes Yes 39. Area description for Caltrans West. -Page 45) L - T L (Zone,Change) Resolution Ordinance Yes No 40. Area description for Mariners' Mile. (Page 45) L - T L (Code Amend) Resolution Ordinance Yes No 41. Area description for Balboa Say Club. (Page 45) L - T L (Zone Change) Resolution Ordinance Yes No 42. Area description and'Map for Lido Village. (Page 45, Map 4), L - T L (Zone Change) Resolution Ordinance Yes No 43. Area description and Map for Lido Isle. (Page 45, Maps 6 & 7) L - T - M L (Zone Change) Resolution Ordinance Yes No 44. Area description for -Lido Peninsula. (Page 45 & 46) L - T L (P.C. Text) Resolution Ordinance Yes Yes 45. Area description and Map for Cannery Village. (Page 46, Map 8) L - T - M L (Zone Change) Resolution Ordinance Yes No 46. Area description for McFadden Square. (Page 46) L - T L (Zone Change) Resolution Ordinance Yes No 47• Area description and Map for Marinapark. (Page 46, Map 9) L - T - M L (Zone Change) Resolution Ordinance Yes No 48- Area description and Map for Island Avenue. (Page 47, Map 10) L - T - M L (Zone Lhange) Resolution Ordinance Yes No W l l ACTION ITEM 49, Area description and Map for Central Balboa. (Page 47, Map 11) 50. Area description and Map for Balboa Peninsula Point. (Page 47, Map 12) 51. Area description and Map for Balboa Island, (Page-4 -Maps 13 & 14) Area description and Map for the Beacon Bay/ Balboa Yacht Basin 53. rea description for 8ayside Drive. (Page 48) 5q, Area description for Beach. Corona Fe-1 Mar State (�1 55 4rea description for Newport Beach Marine Life Refuge. (Page 48) 56. Area description and Map for Corona del Mar/ Coast Hwy Commercial. IPa np dR. Ma nc lA 17 7R1 57. Area description for Buck Gully and Morning Canyon. —(Paaec 4R S 491 58. 4rea description and Map for Newport Center. (Page 49, Maps 37, 48, 49) 59, Area description and Map for Bayview Landing. (Page 49, Maps 37 & 38) .Go. Area description and Map for De Anza Baysirio vrl1,..- -r- LOCAL COASTAL PROGRAM P M N Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M - Map POL- GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ A PLAN HEARING CONSULT L RESOLUTION RE UIRED DESIREA L - T - M Code Amend) Resolution Zone Chan a Ordinance Yes Yes L - T - M L (Zone Change) Resolution Ordinance Yes No L - T - M (Zone Chan a) 9 OrdiResolution nance Yes No L - T - M (Zone Chan a Change) Resolution Ordinance Yes No L - T L (Zone Change) Resolution Ordinance Yes No L - 7 (Zone Change) Ordinance Yes No L - T L (Zone Change) Resolution Ordinance Yes No L - T - M (Zone Chan a Change) Resolution Ordinance Yes No. L - T (Setbacks) Resolution Ordinance Yes No L - T - M P.C. Texts Resolution Yes No L dinance L - T - M (Zone Change) Resolution Ordinance Yes No L - T - M L (P.C. Text) Resolution Ordinance Yes Yes 61. Area de! (Page 4! i2. Area'de. (Page 4, 53. Area de: Canyon. i4. Area de! (Page 51 i5. Area des (Page 5( i6. Area des (Page 51 i7. Area des (Page 51 i6. Area des Ecologic is, aQ, I9. Pacific 26th Str —Gi3Rs-g 0. 10th Str (Map 10) 1. Bayshore (Map 23) 2. Bobby Mc (Map 37) LOCAL COASTAL PROGRAM PATITTREOMIRN Legend: 8 - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M- Man ACTION ITEM 5. Location and development plan -for -marine marine COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP A PLAN ORDINANCE/ RESOLUTION HEARING REQUIRED CONSULTANT DESIREABLE ESTIMATED COS sanitation facilities. Pa a 33 Item S L - B Resolution No Yes • ocation and development plan for drinking facilities. (Pa a 34, Item L - B Resolution No Yes ' 7. ocation and deve opment plan for bicycle racks. (Page 34, Item L - B Resolution No Yes 3. Develop a plan to provide commercial fishing facilities. Pa a 35 Item 3 L Resolution No Yes 3. rovision of potable water at the Rhine Channel Sea Wall. (Page 36 Item 8 L - B Resolution No No j r %,7'a 0 C� YiSf.'.i�`I%1 ��4:ppu�,i�4♦`�.a �,s; [ ,Ss'. NEWPORT BEACH LOCAL COASTAL PROGRAM PHASE III - IMPLEMENTATION WORK PROGRAM •INTRODUCTION The Land Use Plan portion. of the Local." Coastal, Program establishes com- munity policies and maps appropriate land use designations within the Coastal Zone. Once the -Land Use Plan is adopted,' several separate types of actions Will be necessary to implement, the Plan..;•These will include policies and ordinances, public acquisitions, intergovernmental*coordination, and funding programs. The work program outlines the major tasks which will need to be completed, during the implementation phase. These tasks,will need to be refined during the Phase III studies and in subsequent public hearings. IMPLEMENTATION PROGRAMS •Zonin Perhaps the most comprehensive implementation tool available to the City is the police power to control land uses through zoning. • The Land Use Plan establishes several different land use designations. Many of these are similar to existing zoning designations, while others have been specifi- cally created for the LCP. Each designation will have to be carefully reviewed and compared to existing provisions. Existing zoning districts will need to be altered or new districts created in order to implement the Land Use Plan. Once the zoning districts have Ongoing Programs and Policies. Land Use Plan require continuation policies rather than a specific ac relating to maintenance and operatic lands, preserving important coastal housing. Many of the policies contained in the or commencement of ongoing programs and tion. These would include the policies in of public facilities, leasing of public resources, and the provision of affordable Existing City policies and programs which implement the Land Use Plan will be identified. Additional policies and programs will be formulated as necessary. Transportation Strategies and Programs. In order to implement many of the public access and circulation policies, the City should develop a compre- hensive set of transportation strategies. These would address such issues as public transit, priority parking, remote parking, joint use parking, shuttle service, and traffic control. c 4 •. These strategies could then be translated into transportation programs. Important questions which will need to be resolved prior to implementing the transportation programs will be intergovernmental coordination, funding, pub- lic acquisition, and key target areas or routes. Standard Conditions and Standard Mitigation Measures. Many of the poli- cies contained in the Land Use Plan can best be implemented by developing a set of standard conditions and standard mitigation measures which could be applied to projects within the Coastal Zone. Examples would include dredging permits, grading permits;,use permit applications, and environmental docu- ments. Existing.City policies and,ordinances would be researched and documented, and new conditions established as,necessary. Public Acquisition. In order to implement some of the policies in the Land Use Plan, it may be necessary for the City or some other public agency to acquire sites or facilities. Public acquisition may be necessary to implement some of the policies relating to public views, habitat preservation, parking, and transportation. Intergovernmental Coordination. Intergovernmental coordination will be vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Resources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. Funding Many of the policies in the Land Use Plan call for the provi- sion of new or expanded public services and facilities. Methods of providing funding for these will be explored. The funding sources or programs should reflect the "statewide" significance of the coastal resources of Newport Beach. Funding sources to be explored include grants, appropriations, revenue - sharing, user fees, and in -lieu fees. SCHEDULE Implementation of the Land Use Plan will be an ongoing process. The Plan will never be fully implemented. However, the policies, ordinances, and pro- grams needed for implementation can, for the most part, be established within a reasonable time frame. Formulation of these policies, ordinances, and pro- grams will involve three main stages: research, preparation, and public review and adoption. 0 3 0 The research and preparation phases should take approximately two months each, and the public review and adoption phase will take three to four months. BUDGET Overall budget requirements for the implementation phase are difficult to project at this time. However, a rough estimate would be: City Staff Consultant Research 30 Mandays 20 Mandays Preparation 30 Mandays 20 Mandays Public hearings and adoption 30 Mandays 20 Mandays 90 Mandays 60 Mandays lid Lo z D15 __ JEFF5CT OF c f}tt�� i i A' A, i i 0. D R A F T City of Newport Beach Local Coastal Program Phase III - Implementation Work Program March 23, 1981 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 (714) 640-2261 INTRODUCTION . The Land Use Plan portion of the Local Coastal Program establishes com- munity policies and maps appropriate land uses within the Coastal Zone. Several separate types of actions will be necessary to implement the adopted Land Use Plan. These will include policies and ordinances, inter- governmental coordination, and funding of projects and programs. In addi- tion, administrative procedures for the issuance of coastal permits will need to be established. These procedures will include application require- ments, public hearing requirements, and appeal procedures. This work program outlines the major tasks which need to be completed dur- ing the implementation phase as well as a listing of items for action in the major task areas. These will be refined during the Phase III studies and in the subsequent public hearings. IMPLEMENTATION PROGRAMS 044901n4 Proorams and Policies. Many of the policies contained in the Land Use Plan require continuation or commencement of ongoing programs and poli- cies rather than a specific action. These include policies relating to maintenance and operation of public facilities, leasing of public lands, and preservation of important coastal resources. Existing City policies and programs which implement the Land Use Plan will be identified. Additional policies and programs will be formulated as necessary and will involve the adoption or revision of the Newport Beach Municipal Code or the Newport Beach City Council Policy Manual. Items in- cluded in this section are: 1) To permit dinghy launching at all safe street ends and beaches. 2) To designate an area for a public launching facility for small sailboats. 3) To restore electrical service at the Rhine Channel Sea Wall. 4) To establish City maintenance and operation of bay and ocean beaches. 5) To establish City maintenance of streets and walkways. 6) To establish regulations regarding dredging, diking and filling. 7) To preserve vista points access across public property. 8) To establish regulations regarding the lease of public properties. 9) To establish a policy to work with Orange County Transit District to provide efficient public transit in the City. 10) To establish a policy of City encouragement of the opening of adjoining ocean and waterfront areas to distribute public use. 11) To continue to cooperate with the Orange County Housing z Authority to assist qualified rentals in the City of Newport Beach. 12) To support the provision of a marina in West Newport. 13) To establish policies to protect archeological and paleon- tological resources. 14) To protect and maintain support facilities for recreation and education facilities. The budget requirements for this task fall into two categories: 1) costs involved in research and formulation of ordinances and City Couhcil poli- cies, and 2) ongoi.ng costs for implementation. The first category of costs is estimated below. The second category represents annual costs to the City which cannot be estimated a,t this time. Man Days Ci ty Consultant a) Research and document action 5 of all existing programs and policies. b) Preparation of new policy 15 and ordinances as necessary. c) Prepare detailed cost esti- 5 - . mates for full implementation. TOTAL 25 - General Plan Amendments. Many of the policies, land use categories and land use designations contained in the land use plan will require General Plan Amendments. These -may take the form of additional General Plan policy lan- guage, additional or revised area descriptions in the text, and revisions to the General Plan map.- Items included in this section are: 1) Establish that development shall not interfere with prescriptive rights. 2) To encourage maintenance of summer weekly rentals to provide overnight a.ccomodations. 3) To preserve and protect lower -cost visitor serving commercial facilities. 4) To encourage development'of affordable housing by providing incentives. 5) To provide public visual access across private properties. 6) To'regulate the location of structures on•vacant sites. 3 7) To require provision of public access in new development. 8) To require implementation of the bikeway system. 9) ,To encoura9e ride -sharing and carpooling to minimize traffic demands. 10) To allow joint use of parking of commercial development by coastal visitors. 11) To establish the Land Use Designation for Recreational and Marine Commercial. 12) To establish the Land'Use Designation for Retail and Service Commercial. 13) To establish the Land Use Designation for Recreational and Environmental Open Space. 14) Additions or revisions of Area Descriptions in the Land Use Element. (approximately 38). 15) Revisions to Land Use Maps (approximately 30), The budget requirements for this task include., a) Research and prepare all General Plan revisions. b) Research and .prepare all necessary map revisions. c) Public review and hearing. TOTAL Man Days City Consultant 10 - 6 - 21 - Zoning. Perhaps the most comprehensive tool available to the City is thel police power to control land uses through zoning. The Land Use Plan of the Local Coastal Program establishes several different land use designa- tions. Some are similar to existing zoning designations, while others have been specifically created for the Local Coastal program. Each desig- nation will have to be carefully reviewed and compared to.existing provi- sions. Existing zoning districts will need to be altered or new districts created,in order to implement the Land Use Plan. Once the zohing districts have been prepared, some property within the coastal zone will need to be rezoned in'order to implement the land use plan. This will involve public notice and public hearings. Many of the policies contained in the land use plan which will be included in the General Plan Amendments will also have to be added to the Municipal Code M or Zoning Ordinance'to insure their implementation. This may be done by adding or revising chapters in the Municipal Code or Zoning Ordinance to set standard conditions or mitigation measures applied to projects in the Coastal Zone. Existing City policies and ordinances will be researched, and new condi- tions established as necessary. Items included in this section are: 1) Development of a Recrearional and Marine Commercial Zoning District. 2) Development of any special zoning districts or chapters as required. 3) Revisions to existing commercial honing districts as required. 4) Revisions to existing open space'districts as required. 5) Develop a core Planned Community Text to be applied to approxi- mately seven P-C areas. 6) Process zone changes (approximately 32 areas). 7) Establish procedures to encourage development of affordable housing by providing incentives. 8) Establish procedures to require public access in new develop- ment. 9) Establish procedures to require implementation of the bike- way system. 10) Establish procedures to encourage ride -sharing and carpooling to minimize traffic demands: 11) Establish procedures to promote joint use of parking of com- mercial development by coastal visitors. The budget requirements of this task include: a) Research and preparation of new and revised zoning dis- tricts. b) Research and preparation of core P-C Text. c) Research and pre'paration of necessary zone changes. Man Days City Consultant 5 - S" U d) Research and preparation of new ordinances. e) Public review and hearings TOTAL 5 10 10 35 30 Development of Planning Documents. In order to implement many of the poli- cies contained in the Land' Use Plan, some type of planning study or docu- ment will need to be developed by the City. Items included in this section are: 1) A location and'development plan for restroom facilites. 2) A location and development plan for marine sanitation facilities. 3) A location and development plan for drinking facilities. 4) A location and development plan for bicycle racks. 5) A location and development plan for commercial fishing facilities. 6) Provision of potable water at the Rhine Channel Sea Wall. The budget requirements for this task fall into two categories: 1) costs involved in research and formulation of plans, and 2) ongoing costs for implementation. The first category of costs is estimated below. The second category represents substantial plan implementation costs which cannot be estimated at this time. Man Days City Consultant a) Research and data collection. 5 6 b) Formulation of facilities plans. 10 P1 c) Identification of funding alter- 3 5 natives. d) Development of cost/benefit 5 5 criteria. e) Establishment of priority and 5 5 phasing plan. f) Public review and comment. 10 5 • TOTAL 38 47 Intergovernmental Coordination. Intergovernmental coordination will be 4 vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Re- sources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. The funding requirements for this task include: Man Days City Consultant a) Coordination of input from 3 2 other tasks. b) I•dentification of specific 2 2 projects and programs involving other agencies. c) Meetings and communication. 8 4 d) Revisions to other tasks, 3 2 TOTAL 16 10 Funding. Many of the policies in the Land Use Plan call for the provision of new or expanded public.services and facilities. Methods of providing funding for these will be explored. The funding sources or programs should reflect the "statewide" significance of the coastal resources of Newport Beach. Funding sources to be explored include grants, appropriations, revenue - sharing, user fees, and in -lieu fees. The amount of time allocated to this task should be proportional to the level of funding required to implement the various programs. The following estimates should be considered as a minimum: a) Explore sources of funding b) Determine qualifications•for funding. c) Prepare all necessary applica- tions or budget support infor- mation. Man Days City Consultant 2 5 1 3 10 5 TOTAL • 13 13 1 • 0 ADMINISTRATIVE PROCEDURES In addition to the implementation programs discussed above, the City is required to establish administrative procedures for the issuance of coastal permits. These procedures should include an application process, review procedure, reivew criteria, public review and input process, public hearing requirements, appeal criteria, and appeal procedure. The adminis- trative procedures should be integrated into existing City procedures and policies to the extent possible. The budget requirements will be as follows: Man Day-s City Consultant a) Research requirements of Coastal 2 _ Act and Coastal Commission for local issuance of permits. b) Research requirements of Coastal 2 - Act and Coastal Commission for appeal of local decisions. c) Review all existing City proce- 3 _ dures. d) Prepare coastal permit manual 10 - containing complete adminis- trative procedure. TOTAL 17 _ FUTURE ACTIONS NECESSARY. There are some policies contained in the Land Use Plan of the •Local Coastal Program which require plan development which cannot be accomplished within the time frame of completion of the Phase III work and certification of the Newport Beach Local Coastal Program. These items include: 1) Development of a Municipal Transit Plan. 2) Development of publicity program for the transit plan. 3) Development of a pool ,parking management program. 4) Upper Newport Bay Sedimentation Plan. 5) Development of a management plan for Upper Newport Bay Ecological Reserve. These plans will be extremely complex and involve the participation of many jurisdictions and agencies. They will be completed in an expeditious manner as funding becomes available. 0 BUDGET SUMMARY Overall budget requirements for the implementation phase based on the individual tasks outlined above would be: Man Days City Staff Consultant Staff Programs and Policies 25 - General Plan Amendments 21 - Zoning 35 30 Development of Plans 38 47 Intergovernmental, Coordination 16 10 Funding 13 13 Administrative Procedures 17 TOTAL 165 100 Assuming average rates of $35.00 per hour for consultant staff and $20.00 per hour for City staff, plus allowances for printing and miscellaneous expenses, the total budget for the implementation phase woul-d be $60,000. SCHEDULE Implementation of the Land Use Plan will be an ongoing process. However, the policies, ordinances, amendments and programs can be accomplished with- in a reasonable time frame. The specific action items to be addressed in Phase III have been summarized on the following charts. Implementation scheduling has been divided into three time frames. These are (1) Items on which immediate action is possible (1-3 months); (2) Items for which a lengthy procedure is necessary (4-6 months); and(3) Items which will re- quire future action. Action items included in this work program fall into categories 1 and 2 above and involve three main stages: research, prepara- tion, and public review and adoption. W . P LOCAL COASTAL PROGRAM Legend: B I L F T M - Includes Budget Amendment - Immediate Action Possible/1-3 months - Lengthly Procedure/Pre-certification of LCP/4-6 months - Future Action Needed/Post-certification of LCP - Text - Map ACTION ITEM COUNCIL POL- GENERAL PLAN ZONING DEVELOP ORDINANCE/ ICY MANUAL AMENDMENT HEARING CONSULTANT ESTIMATE 1. Adopt t ordinance to permidinghy launching at A PLAN RESOLUTION RE UIRED DE CO all safean street ends and beaches. Pa I a 36 Item-9 . Yes No • Z. Designate an area for a public launching _ Ordinance facility for small sailboats. Pa a 34 item 13 . I Yes No 3. Restoration of electrical service at the Rhine Ordinance Channel Sea Nall. I - B Yes Ito 4. Ordinance establishing maintenance and Ordinance operation of bay and ocean beaches accomp is e Pa a 8. Item 1 Hun. Cd. Sec. No No 5. Ordinance estab ish ng City maintenance o 2.12.090 (b) streets and walkways. ' accomp is e P a Hun. Cd. Sec. No No 6. Establishment of regulations regarding dredging, 2.12.090 (b) diking, and filling. I Yes No 7. Establish administrative procedures for issuance Ordinance of City coastal permits. L 8. Preservation of vista points access across Cade Amend L Ordinance Yes No . public propertyte I 9. Regulations regarding the lease of public Minute Action do No property. I 10. Policy for City to work with OCTD to provide Minute Action No No ' efficient public transit in the City(Paco I IP. Minute Action No No 11. Policy to encourage the opening of adjoining ocean and waterfront areas to distribute public I Minute Action Ito, No 12. The City shall continue to cooperate with the Orange County Housingq Authori to assist I �qualified re tart (Vaye AG I m P1 Minute Action No No O LOCAL COASTAL PROGRAM PHASE III IMPUERENTAMN Legend: B - Includes Budget Amendment I - Immediate Action .Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text M - Mao ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP A PLAN ORDINANCE/ RESOLUTION NEARING REQUIRED CONSULTANT OESIREABLE ESTIMATE D Glok 13. Support the prOVisiOn of a marina in West Newport. Pa 34 _itm 1 I Minute Action No Na 14. Policies to protect Archeological and I accomplished Paleontological Resources. (Page 26) Policy K5, K6 No No Protect•and maain suort facilities for 15. recreation and edintucationppfacilities. I L (Zone Change) Minute Action No No (Page 35 Item 5. Ordinance Yes Development shall not interfere with pre- 16. scriptive rights. L - T Resolution Yes No 17. Policy to maintain summer weekly rentals + to provide overnight accomodations. L - T Resolution Yes No Pa a 34 Item 18. The City shall preserve and protect lower cost visitor serving commercial' facilities. L - T Resolution Yes No 19• City shall encourage development of affordable housing by providing incentives. L - T Resolution Yes Yes 20• Policy to provide public visual access across private properties. L - T Resolution Yes No 21• Policy regulating the location of structures on vacant sites. L - T Resolution Yes No 22• Area description for West Newport. (Page 44). L - T Resolution Yes No '23• Area description for Caltrans East. .. (Pages 47-48) L - T Resolution Yes No 24• Area description for Coast Hwy/Bayside Drive. (Pages 47-48) L - T Resolution Yes No ACTION ITEM LOCAL COASTAL PROGRAM P Legend, B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text M - Map POL- GENERAL PLAN DEVELOP ORDINANCE/ HEARING enecln -- eeT IIAI eurunuruT ZONING 25. vrea description and map for Sayside and I "" RCJULu11U1Y RE uIRED DESIREAI Marine. (Page 48, Map 15) 6•Ho,vards Restaurant/Coast Hay Commercial_ Area y L - T - Ft Resolution Yes No change to Retail and Service Commercial L - M t!a gj,Change Newport Harbor Yacht Club to Open Space Resolution Yes No designation. .wa 10 L - M Resolution Yes No 28.Designate walkway at 41est edge of Coves Condos for open space. L - M 29.Designate the Sand Castie condominiums for Resolution Yes No Multi -Family Residential L , K 30.Provision of public access in new development. - M Resolution Yes No (Page 9, Items 4; 5, A 6) L _ T L (Code Amend) Resolution 31.Require implementation of bikeway system. Ordinance Yes No (Page 1Z, Item 3). L _ T L (Code Amend) Resolution 32.Encourage ride -sharing and carpooling to Ordinance Yes No minimize traffic demands. 10- 79(Code L _ T L Amend) Resolution 33.doint use of parking of commercial development Ordinance Yes No by coastal visitors. - T LL Resolution Code Amend Ordinance Yes Yes 34.Develop a Recreational and Marine Commercial designation. (Page 35. Items 1 S 2, Pages 41-42 L - T L Resolution 35 Retail and Service Commercial designation. Code Amen d) Ordinance Yes Yes (Page 4Z) - T LL Code Amend ) Resolution Ordinance Yes 36.Recreational and Environmental Open Space Yes designation. L - T L Code Amend Resolution Ordinance Yes No LOCAL COASTAL PROGRAM P I Legend: B - Includes Budget Amendment I - Immediate Action Passible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M - Man ACTION ITEM 37Area description for 32nd Street. '(Page 44) _ 3B: Area desription for the Beeco Property. (Page 44) COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT L - T _ ZONING L (Zone Change) DEVELOP A PLAN ORDINANCE/ RESOLUTION Resolution Ordinance HEARING RE UIRED CONSULTANT DESIREABLE EST Yes No L - T L (P.C. Text) eso ut on Ordinance Yes Yes 39. Area description for Caltrans West. (Page 45] 40. Area description for Mariners' Mile. (Page 45) 41. Area description for Balboa Bay Club. (Page 45) 42. Area description and`Map for Lido Village. (Page 45, Map 4)' 13. Area description and Map for Lido Isle. (Page 45, Maps.6 & 7) 14. Area description for..Lido Peninsula. (Page 45 & 46) 15. Area description and Map for Cannery Village. (Page 46, Map 8) L - T L - T L - T L - T L - T - M L - T L - T - M L (Zone Change) L (Code Amend) L (Zone Change) L (Zone Change) L (Zone Change) L (P.C. Text) L (Zone Change) Resolution Ordinance Resolution Ordinance Resolution Ordinance Resolution Ordinance Resolution Ordinance — Resolution Ordinance Resolution Ordinance Yes Yes Yes Yes Yes Yes Yes No No No No No Yes No 16. Area description for McFadden Square. (Page 46] �7. Area description and Map for Marinapark. (Page 46, Map 9) L - T - T - M L (Zone Change) L (Zone Change) Resolution Ordinance ResolutionL Ordinance Yes Yes No No B• Area description and Map for Island Avenue. (Page 47, Map 10) L - T - M L (Zone Change) Resolution Ordinance Yes No Y LOCAL COASTAL PROGRAM P Legend. 8 - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text M - Man ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMATED 49- Area description and flap for Central Balboa. L A PLAN RESOLUTION Resolution RE UIRED DESIREABLE COS (Page 47, Map 11) L - T - P1 Code Amend) Zone Change) Ordinance Yes Yes 50, Area description and Clap for Balboa Peninsula Point. (Page 47, tap 12) Resolution L - T - M (Zone Change) Ordinance Yes No 57. Area description and Map for Balboa Island. (Page 47, Paps 13 & 14) L Resolution L - T - M (Zone Change) Ordinance Yes No 52. Area description and ttap for the Beacon Bay/ Balboa Yacht Basin L Resolution L - T - M (Zone Change) Ordinance Yes No 53. rea descrip ion for Bayside Drive. (Page 48) L Resolution L - T (Zone Change) Ordinance Yes No 54. Area description for Corona del Mar State L Beach! L - T (Zone Change) - Resolution Ordinance Yes No 55, Area description for Newport Beach Marine Life Refuge. (Page 48) L Resolution L - T (Zone Change) Ordinance Yes No 56. Area description and Map for Corona del Mar/ Coast L Resolution 4R- jaa&LConrierCial. L - T - M (Zone Change) Ordinance Yes No 57. Area description for Buck Gully and Morning Canyon. L Resolution L - T (Setbacks) Ordinance Yes No 58. 4rea description and Map for Newport Center. L (Page 49, Maps 37, 43, 49) L - T - M P.C. Texts) Resolution Yes No 59. Area description and Map for Bayview Landing, (Page 49, Maps 37 & 38) L Ordfinance Resolution L - T - M (Zone Change) Ordinance Yes No ;0. Area description and Map for De Anza Bayside Village. L Resolution Pace __ (49. Maps-37, 6 ) L - T - M (P.C. Text) Ordinance Yes Yes -� 1 ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN ZONING DEVELOP ORDINANCE/ OF HEARING CONSULTANT ESTIMATE[ 61. Area description for Newporter Inri (Pdge 49) AMENDMENT L - T L (Zone A PLAN Resolution RE UIRED 'Yes DESIREABLE — ._ Area description Change) Ordinance No i2. for Newporter North. (Page 49) L - T (P.C. Text) Resolution Ordinance Yes Yes i3. Area description and Map for Mouth of Big Canyon. L - T - M L (Zone Change) Resolution P tAa i4. Area description and flap for Eastbluff Remnant. (Page 50, Map 40) L - T - M L (Zone Change) Ordinance Resolution Ordinance Yes Yes No No s5. Area description and Map for Westbay. (Page 50, Maps 29 & 30) L - T - M L (P.C. Text) Resolution Ordinance Yes Yes i6. Area description for North Star Beach. (Page 51) L - T L (Zone Change) Resolution Ordinance Yes No i7. Area description for Castaways. (Page 51) L - T L (P.C. Text) Resolution Ordinance Yes No ;8. Area description and Map for Upper Bay L Ecological Reserve (Page 51, Maps 28, 30, 36, L - T - M (Zone Change) Resolution Ordinance Yes No • �9. Pacific Electric Right -of -Way between 22nd & 26th Streets, Newport and Balboa Blvds. �f,Ma�eR R0) L - M L (Zone Change) Resolution Ordinance Yes No O. 10th Street Beach Area. (Map 10) L - M L (Zone Change) Resolution Ordinance Yes No 1. Bayshores Marina Parking and Beach Areas. (Map 23) L - M L (Zone Change) Resolution Ordinance Yes _ No 2. Bobby McGee's/Chick Iverson Area. (Map 37) L - M L (Zone Change) Resolution Ordinance Yes No LOCAL COASTAL PROGRAM PTio Legend: B - Includes Budget Amendment I - Immediate Action -Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 months F - Future Action Needed/Post-certification of LCP T - Text M - Map ACTION ITEM COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING DEVELOP ORDINANCE/ HEARING CONSULTANT ESTIMATED 73. San Diego Creek Area description and Map. L A PLAN RESOLUTION REQUIRE DESIREABLE CO (Page 50, Map 44) L - T - M Zone Change) Resolution Ordinance eso u ion Yes No 74. Jamboree and MacArthur Area description and Map (Page 50, Fiap 66) L - T - M (Zone Change) Ordinance Yes No 75 Seaaspco6?t Base and Intercollegiate Rowing Base. L Resolution L - M (Zone Change) Ordinance Yes No 76 Sewage Disposal Plan Area. (Map 22) LResolution L - M (Zone Change) Ordinance Yes No 77. Newport Shores Specific Area Plan. L (Page 44) (Code Amend) Ordinance Yes No 78. Revision to Coastal Bluff Regulations. L (Pages 24 26) (Code Amend.) Ordinance Yes No 79, Development of a Municipal Transit Plan. (Page 15, Itesms 5 & 6) F Resolution No Yes 80, Develop a publicity program for the transit No Yes plan. (Page 15, Item 10) F Resolution 81, Develop a pool parking management program. No Yes (Page 16, Item 11) F Resolution B2, Upper Newport Bay Sedimentation Plan. (Page 21, Item 4) F (1983) Resolution No Yes B3. Development of a management plan for Upper Yes $82,000 Newport Bay Ecological Reserve. (page 2, Item 51 F Resolution 34: Location and development plan for restroomfacilities. EF4, Yes L - B Resolution Pa 1 4 & 51 r LOCAL COASTAL PROGRAM P M IN Legend: B - Includes Budget Amendment I - Immediate Action Possible/1-3 months L - Lengthly Procedure/Pre-certification of LCP/4-6 monbhs F - Future Action Needed/Post-certification of LCP T - Text M - Man ACTION ITEM 5. Location and d evelopment plan -for marine sanitation facilities. Pa a 33 Item 5 ocatian and development plan for drinking facilities. Pa a 34, Item ocation an development plan for bicycle racks. Pa I m 9. Develop a plan to provide commercial fishing facilities. Pa a 35 Item 3 9. Provision -of potable water at the Rhine Channel Sea Wall. Page 36 I m 9 COUNCIL POL- ICY MANUAL GENERAL PLAN AMENDMENT ZONING L - B L - B L - B L L - B DEVELOP A PLAN Resolution Resolution Resolution Resolution Resolution ORDINANCE/ RESOLUTION HEARING REQUIRED No No No No No CONSULTANT DESIREABLE ESTIMATED COS Yes Yes Yes Yes No �e�rt ► fi; 11 LC� --? _ __ � bi I .///��� ��I • •• ♦♦ /� ...///��� ��� L 4� y�-j AL1 Aw // fJ^ QUA LA ''`' a L�GIL�J d f�,rd_,C�.4J mil �✓ �� — -- -- - I Lam ��jjnda �f . rlE r III I T gag Ar-o0A.- i 0 a- - ----- --------------- - i _ :�'�,.' w'� -('•-` 6✓-,[_y.�L.rC �^5.�--0--1tk�-.u.�{- - �2-y(f!�✓�.+- -- ;�n^-�'•-'�"`,�- ��icr�-.-� /�rh�-r�1�'—ram= ��-u��.�. � c,c�� N&4 to 6 0 CALIFORNIA COASTAL COMMISSION 631 Howard Street, San Francisco 94105—(415) 543.8555 JUL2819803' CH July 25, 1980 I TO: Planning Directors of Coastal Cities and Counties Other Interested Persons FROM: Madge Strong, Acting Chief Planner SUBJECT: Supplement to Local Coastal Program MANUAL: Zoning Chapter Enclosed is a draft of the long over -due Zoning Chapter of ahe LCP Manual. We apologize for the long delay in publishing this section of the Manual, but hope that the guidance it provides will, still be useful to many local governments and others who will be participating in the -zoning phase of LCPs. The chapter also contains a section on other implementing actions, most of which are referred to as Phase IP of the LCP and which will require longer range implementation and fungi beyond the July 1, 1981, deadline for LCP completion. The chapter refers to a number of appendices. These are non being sent 'with the chapter, but each is available (or will be shortly) on re uess from the Commission office. Since these are often lengthy documents, please request only those which you need. Each region will also have conies for re raw. The chapter is still a draft document, as it has not undergone review by local govern- ments, other interested persons, or even most of our own Commission staff. Moreover, we are still learning from the early Local Coastal Programs now being completed. We would appreciate any comments and suggestions for changes, additions, or improvements that you have within the next month. If there is considerable new material or revision, we will issue a new, final version. Otherwise, we hone the draft will be immediately useful. NOTE: Also enclosed is the newly revised, updated copy of the Commission's LCP Regulations, including Article 16 regarding LCP implementation procedures for coastal development permits, as. well as rev ed Commission voting procedures on LCPs. 0 1. Scope of Zoning Ordinances Z-1 2. Approaches to Zoning for the LCP Z-2 3. Relationship of Zoning to the Land Use Plan Z-3 B. COMPONENTS OF A ZONING ORDINANCE 1. Intent Z-5 2. Definitions Z-6 3. Permitted Uses Z-6 4. Conditional Uses Z-8 5. General Regulations Z-9 6. Special Regulations Z-9 7. Variances Z-10 8. Procedures Z-11 9. Enforcement Z-12 10. Zoning District Naps Z-13 C. ZONING TECHNIQUES 1. Planned Developments Z-14 2. Transfer of Development Credits Z-16 3. Resource Protection Z-17 4. Hazards Z-19 5. Public Access Requirements Z-20 6. Housing Z-22 7. Agriculture Z-25 8. Recreation and Visitor -Serving Uses Z-26 9. Archaeologic Resources Z-27 10. Scenic Protection and Design Z-28 11. Industrial and Energy Development Z-29 D. OMER IMPLEMENTING ACTIONS E. ADOPTION, CERTIFICATION AND EFFECTUATION OF LCP 1. Local Adoption Z-33 2. Certification Z-35 3. Effectuation Z-36 Z-1 Z-4 Z-14 Z-30 Z-33 DRAFT-7/2580 ZONING A. INTRODUCTION The purpose of this chapter of the LCP Manual is to provide direction both to local governments preparing and submitting the zoning phase of LCP's, and to coastal commission staff and other reviewers of the zoning portion of the LCP. This chapter will provide general guidance on the organization and content of zoning ordinances and discuss the application and usefulness of various zoning techniques available to.implement the land use plan. A Local Coastal Program means the "local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps and (d) within sensitive coastal resources areas, other implementing actions which, when taken together, meet the requirements of, and implement the provisions and policies of, this division at the local level" (Public Resources Code Section 30108.6). (Unless otherwise noted, all references are to the Public Resources Code.) In August 1978 the Commission voted not to designate any sensitive coastal resource areas as provided. in Coastal Act Section 30502; therefore, no "other implementing actions" are required in the zoning phase (Phase III) of the LCP. Most LCPs are being prepared and submitted in two stages:, first the land use plan, then zoning. After the Regional Commission has approved and the Commission has certified the land use plan pursuant to Section 30512 of the Coastal Act, the local government will submit zoning ordinances and zoning district maps in accordance with the requirements and time limits of Section 30513. Procedures for the review, approval, and appeals (if any) of the zoning ordinances and zoning district maps are established in the LCP Regulations, Article 13 - (Sections 00130-00133). If, as allowed in Section'30511(a) of the Coastal Act, both phases of the LCP are submitted together, the time limits and procedures of Section 30512 governing the land use plan apply, while the substantive standards of Section 30513 ('conformity with and adequacy to carry out the certified land use plan") govern the review of the zoning ordinances. 1. Scope of Zoning Ordinances Zoning ordinance is defined in the Coastal Act (Section 30122) to mean "an ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter." Z-1 Section 65850 of the Government Code provides as follows: Pursuant to the provisions of this (Chapter 4 of the Planning and Zoning law) the legislative body of any city or county by ordinance may: (a) Regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment of scenic beauty and.use,of natural resources, and other purposes. (b) Regulate signs and billboards. (c) Regulate location, height, bulk, number of stories and size of buildings and structures, the size and use,of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a buil- ding or structure; the intensity of land use. (d) Establish requirements for offstreet parking and loading. (e) Establish and maintain building setback lines. (f) Create civic districts around divic centers, public parks, public buildings or public grounds and establish regulations thereof. Section 00040(d) (2) of the Commission's LCP Regulations states that: The scope of measures contained in the zoning ordinance and/or district maps shall extend to the authority granted by the planning laws of California... Where applicable and necessary to carry out the policies and provisions of an approved land use plan, these measures may include: exclusive use zonest overlay zones, conditionally permitted uses based on certain findings, sign and/or design controls$ landscaping and grading regulations, hazard or geologic review requirements, open space and lot coverage standards, minimum lot sizes (including minumm acreages for agricultural and timberland conversion), density and timing of development standards based on public service capacities and recreational use needs, and any other similar ordinances within the scope of zoning measures. Zhe Government Code and Commission regulations. thus allow a wide range of land use controls and zoning techniques, including any approaches locally applicable and effective in implementing the land use plan portion of the LCP. 2. Approaches to Zoning for the LCP , The form -and structure of the existing local ordinances will largely de- termine which measures will best implement the.LCP in that,particular local jurisdiction. in many cases, existing zoning regulations may be entirely adequate to implement the land use plan or may need only minor amendments. .The local government may choose to modify and amend selected zoning districts or portions of the regulations or to rezone specific sites in order to conform with the land use plan policies. Z-2 0 0 Certain geographic areas or land uses may require a new zoning district if no existing district provides adequate land use controls. A new zone may be needed, for example, for visitor -serving uses, coastal -dependent industry designations, or special resource protection areas. New overlay districts may also be created to implement coastal zone land use policies that apply to an underlying city wide zone district. An overlay district may be useful, for example, to provide for buffer areas around environmentally sensitive habitat areas or agricultural lands, for special design criteria in scenic corridors, for geologic review or standards in specified hazard areas, for access dedication requirements on shorefront parcels, or for other coastal policies that require application of special standards. Another potential approach where existing ordinances are inadequate is to develop a coastal overlay for the entire coastal zone. The underlying zoning districts would still determine type and intensity of use but all of the uses would be required to meet further criteria and standards of the overlay zone. The overlay district would need to incorporate the land use plan policies into the one ordinance. It would also specify the procedures, requirements, etc. necessary for the processing of all permits. Use of a coastal zone overlay concept may avoid the need to create numerous separate ordinances or zoning districts in the coastal zone. This approach, however, can only be effective if the underlying zoning districts are appropriate to carry out the land use designations. Furthermore, an overlay zone can create overlapping, confusing, and sometimes conflicting standards and procedures. In view of these problems, the use of a coastal overlay zone is generally not encouraged in meeting ICP requirements, except for specific - purposes such as grading, habitat, or hazard overlay zones. local governments, therefore, have several options for developing zoning ordinances to carry out the certified land use plan, local governments may utilize such methods as minor amendments to existing ordinances, re -zoning to allow sites consistent with the land use plan, and the creation of new ordinances (for new districts such as visitor -serving commercial or exclusive agriculture), or overlay zones (for specific purposes such as grading or sensitive habitats, or for the entire coastal zone). 3. Relationship of Zoning to the Land Use Plan Each city and county already has an obligation pursuant to State Planning Z-3 and Zoning law to assure that zoning ordinances are consistent with the local general plan and any general plan element (Government Code Section 65860). Section 30513(a) of the Coastal Act reinforces that requirement but is even more explicit in requiring that zoning ordiaances must conform with and be adequate to carry out the land use plan. It is possible that a zoning ordinance would be "consistent with" a general plan designation but would not conform with and carry out the general plan. For example, an open space zoning ordinance that allows agriculture and also allows other uses such as a golf course may be deemed to be consistent with a general plan designation for agricultural uses, but such an ordinance, under the Coastal Act, might not be considered "in conformity with" or "adequate to carry out" an agricultural protection program established in the lCP land use plan. The development of zoning ordinances to satisfy the Coastal Act, therefore, must begin with the precisely drawn policies in the land use plan, which in turn reflect the specific policies of the Coastal Act. The clearer the land use plan designations and policy statements are, the easier it will be to develop zoning ordinances that provide certainty for decision makers, property owners, and the public. if the land use plan is ambiguous, Coastal Act policies should be considered as the intent of the land useaplan to guide ordinance provisions. The purpose of the zoning ordinance is to translate the land use designations and policies into implementable regulations. B. CONTENTS OF A ZONING ORDINANCE There are a number of different ways in which zoning ordinances have been strgctured,-ranging from a ccirprehesive ordinance which provide every kind of regulation in a particular zone in one ordinance, to overlay zones which provide for common regulations that apply to all zoning districts. (For example, a typical overlay scheme might have an R-1 underlying zone, allowing single family homes, with a Resource Protection overlay zone applying to the R-1 and other zones). Pyramid ,zoning is -another common method of organization. In pyramid zoning, zone 3 allows all the uses which are allowed in zone 2 in addition to the particular uses of zone 3, and zone 2 allows all uses in zone 1. A potential problem with this format is that a zoning ordinance that appears to carry out the underlying land use designation may in fact a'low uses inconsistent with such designation. For Coastal Act purposes, the particular format of a zoning ordinance is not critical. What is essential is that the zoning ordinance carry out the land use designation; the use of pyramid and overlay zoning should be carefully reviewed to assure that the zoning conforms with the land use plan. However zoning ordinances are organized, they will usually contain the following elements: 1) A clear statement of intent or purpose which reflects the underlying land use plan designation; 2) Definitions of key terms used in the ordinances; 3) A statement of the permitted uses(s) which carry out the purpose and intent of the zone; 4) A list of and criteria for conditional uses which would carry out the purpose of the zone under certain circumstances; 5) General regulations, such as development standards; 6) Special regulations, such as access and open space dedication requirements, affordable housing requirements or overlay control standards for resource protection; 7) Variances; 8) Hearing procedures (notices, public hearings, findings, appeals); 9) Enforcement standards and procedures; and 10) Zoning district maps. 1. Intent The intent section of each zoning ordinance should reflect the land use designation of the land use plan and should state the development and resource protection policies which are to be carried out by that particular zoning category. For example, if the ordinance governs steep or highly erodible areas, the intent section might say "the purpose of this chapter is to avoid increased runoff and erosion, to limit alteration of landforms and natural vegetation; and to avoid potential hazards to life and property by limiting site coverage and development in steep slope and watershed protection areas of the coastal zone". The intent sections of an ordinance should amplify and restate the relevant policies of the land use plan. In an exclusive visitor serving recreation zope district, for example, the intent section might say that "the purpose of this zone is to assure that coastal and oceanfront land shall be used for visitor -serving public and Z-5 commercial recreational facilitie's designed to enhance public opportunities for coastal -recreation." Such a statement could be expanded and amplified to provide a more precise purpose - e.g. boating, hotel and motel accommodations, boardwalks, etc. - using the discussion in the land use plan. A precise and complete statement of intent is critical to assuring that the zoning ordinance carries out the land use plan, since it will often be referred to in interpreting the ordinances on specific permit decisions by the local decision -making body, or by the Commission or a court on appeal. 2. Definitions Definitions play an important role in zoning ordinances. Whether open space is defined to include driveways, paved roads, and fenced off private space may be crucial to the Commission's determination'of whether an open space requirement meets the Coastal Act and land use plan policies. Likewise, the definition of "wetlands", "prime agricultural lands", "low and moderate income housing opportunities" and other cords of art from the Coastal Act are significant elements of zoning ordinances. where key words have specific definitions either in the Coastal Act or in the Coastal Commission's Interpretive Guidelines, these should generally be followed in local coastal programs. In all cases, definitions mast be specific and must carry out the definitions and policies of the Coastal Act. 3. Permitted uses The permitted uses section should contain more specific descriptions of the principal use designated in the land use plan. Permitted uses must be limited to those uses which clearly carry out designated land use and the intent and_ purpose of the particular zone. Any use that could conflict with the intent of the zone district should not be included. Uses which may carry out the intent of the zone but only under certain circumstances or conditions are not appropriate as permitted uses, although they may well be listed as conditional uses. Permitted uses are normally allowed as a matter of right. While the permitted uses may be subject to certain types of discretionary review (e.g. design review in visually sensitive areas) prior to final approval, the use itself is regarded as a matter df •right, and•any form of project review should not involve a determination of the appropriateness of the use itself. wo 0 By listing permitted uses, an ordinance encourages the development of appropriate uses while limiting the kinds of uses which are allowed. Thus in a recreation boating zone, intended to carry out the policies of Section 30224 of the Coastal Act encouraging increased recreational boating use of coastal waters, public launching facilities and dry storage areas should be listed as permitted uses, not as conditional uses, in order to encourage their develcpment. Likewise, in a commercial recreation zone, hotel, motel and restaurant uses should be permitted uses to encourage public opportunities for coastal recreation, as required by Section 30222 of the Coastal Act. The number of permitted uses will vary depending on the district. There may be no permitted uses (only conditional uses) in a district designed to protect sensitive habitats, while mixed uses may be appropriate in districts such as PD (planned development) or PC (planned community) districts. Mixed use zones may be established combining commercial recreation and housing or retail commercial and offices. However, in zones which allow mixed uses where some uses are a high priority under the Coastal Act, such as commercial recreation or coastal dependent industry, a percentage of the area to be reserved for the priority uses must be stated, the maximum percentages and intensities for non -priority uses must be defined, and a mechanism must be develcped to assure that project by project development preserves the priority uses. The Coastal Act uses the terns "principal permitted use". In unincorporated areas, the designation of the principal permitted use serves to define all other developments as being subject to appeal to the Commission. In county areas only, "any development that is not designated as the principal permitted use" in the local zoning program is appealable following LCP certification (PRC 30603(a) (4)• "The principal permitted use" must state a category of use such as agriculture (barns, farmhouse, but not houses other than the farm operator's), commercial recreation (hotels, motels, restaurants), or residential (residences with normal appurtenant structures and uses including garages, home occupations, keeping of pets, etc., but not including local coma ercial services). The designation of the principal permitted use for appeals purposes in county areas can take two forms. The preferred alternative is to designate one category of use as the principal permitted use (e.g. agriculture) with a list of specific uses that are part of that category; all other uses should be conditional uses (e.g. dude ranches, country inns). Z-7 0 The alternative is to allow more than one category of development as "permitted" uses, but clearly designate one category of development as the principal permitted use, with other categories indicated as "other permitted uses". If this approach is used the ordinance.should include a statement such as "for purposes of Coastal Act appeals the agricultural category is the principal permitted use and the remaining permitted uses are deemed appealable development categories under PRC 30603(a)(4)." This latter approach provides for multiple permitted uses while still making the necessary designation of appeals categories. The drawback of this approach is that it creates two categories of permitted uses, one category being the principal use; this could be confusing in administering the ordinance and appeal provisions. In any case, multiple permitted uses should not occur where such uses are not designated in the land use plan or where conditional use permit review is required to make the necessary findings for approval of the use under -the LCP (e.g. commercial recreation in an agricultural zone). 4. Conditional uses Government Code Section 65901 provides the basic authority for conditional uses: "The board of zoning adjustment or zoning administrator shall, hear and. decide applications 'for conditional uses ... when the zoning ordinance provides therefore and establishes criteria for determining such matters ..." A conditional use is.a use which, when established pursuant to certain criteria, carries out the underlying purpose of the zone. A commrcial recreation zone, for example, might list financial institutions as conditional uses. Such a use would not be an appropriate permitted use (since a large bank or insurance company would not be a visitor -serving commercial facility), but under certain circumstances or subject to certain conditions would be -an .appropriate use in the zone (as, for example, a walk-up window for cashing checks). The list of conditional uses and the criteria for determining whether a listed use actually carries out the purpose of the zone should be derived from and reflect the designations and policies of the land use plan and the purpose and intent section of the zoning ordinance. Under the Coastal Act, the lists of both permitted and conditional uses must be an exclusive listing, in order for the Local Coastal Program to define "the kinds, location, and intensity of land uses" for the coastal zone (Section 30108.5). This is further reinforced by the language of Section 30514(c), which M specifies that "amendments (to an LCP) which allow changes in uses shall not be designated as minor", and 30514(d), which defines as an amendment to an LCP "any action by the local government which authorizes a use of a parcel of land other than that designated". Thus in order for the Commission to certify the LCP, the uses allowed in a zone must be specified; such common catch-all phrases as "any other use similar to the above", or "any use the Planning Commission finds similar to the above" should be eliminated. Sufficient flexibility should be provided, where appropriate, by framing the list of uses in terms of generic categories of use, such as "retail shops", rather than specific uses, such as "clothing stores", or "ice cream parlors." To provide needed certainty, the generic category should be illustrated with examples to reflect the intensity and scale of development. The conditions or criteria for determining whether a listed use may be found appropriate should be clear and objective. At the least, a finding shall be required that such use be permitted only if it conforms with the land use plan and with the intent of the zone district. More specific finding should be included for each district's conditional uses based on the purpose of that particular zone and the scope of conditional uses. 5. General Regulations General regulations, such as development standards, may reflect land use plan policies which are specific to a particular zone (e.g. a bluff -top set -back provision) or which are applicable throughout the coastal zone. Whether geographically specific or jurisdiction -wide, such regulations must be precise enough to assure that developments do not exceed the limits on intensity and location of development prescribed in the land use plan. Mese regulations - should contain the basic standards on height, setbacks, lot coverage, etc. 6. Special Regulations Special regulations are typically drafted to reflect concerns for particular kinds of development. In the coastal zone, such -special regulations will be directed toward particular Coastal Act policies, as designated in the land use plan. Such special regulations may take the form of overlay zones which address such issues as access dedication requirements, environmentally sensitive habitat protection, grading, scenic resources, archaeologic resources, hazard areas, inclusionary housing requirements, etc. (discussed in zoning techniques sections, below). Z-9 For example, the access component of the land use plan will indicate where and under what conditions public access to and along the shoreline will be required. She special zoning regulations to carry out the access component would define the system for offering and accepting access easements, the standards for such easements, the form of dedication, and the specific circumstances and geographic locations which require such dedications. Another example would be a habitat protection ordinance designed to carry out the land use plan's designation of.areas as riparian corridors, wetlands, blufftops, etc. She zoning ordinance will provide the performance criteria, restrictions on uses, required setbacks and other standards for development in habitat protection areas. In general, most special regulations will be designed as overlay districts. Overlay districts are always in addition to or in combination with the underlying zoning designation. Therefore, the underlying zone (such as residential, etc.) controls the type and general intensity of use, while the overlay district modifies the specific location or intensity of such uses depending on the performance criteria set out in the overlay zone. Overlays may be geographically specific (such as buffer zones, scenic corridors, etc.) or may apply to the entire coastal zone. 7. Variances Most zoning ordinances provide for minor variances for special situations. Government Code Section 65906 provides basic authorization and limitations on the use of variances, as follows: "Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, A Variance shall hot be .granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. She provisions of this section shall not apply to conditional use permits". Most local'governments already have ordinance provisions reflecting these limitations. In addition, to be adequate to carry out the land use plan, the ordinance should specify that no variance be granted that is not in conformity Z-10 with the land plan and the intent of the zoning districts applicable to that development. Thus, for example, variances should not be allowed to reduce required setbacks from streams or wetlands, to reduce the width of accessways, or to vary other substantive standards specifically called for in the LCP. 8. Procedures Zoning ordinances must include procedures to be followed by the local agency in hearing, granting or denying permits according to the standards of the zoning ordinance. There may be different procedures for such actions as conditional uses permits, variances, non -conforming uses, ame-niTents to permits, site plan reviews, tentative tract maps, etc. Normally, the "coastal development permit" should be handled concurrently with one of these existing permit procedures. Developments that requireno local permit or a purely ministerial building permit will be considered for categorical exclusion from coastal permit requirements. Section 00130 of the Commission's LCP Regulations provides that the Commission shall adopt categorical exclusions "for those categories of development which the Commission certifies as being allowed by right in the local jurisdiction, which have specific development standards (as specified in the LCP), which are handled ministerially by the local governments, and which comply with PRC Section 30610(e) and 30610.5." These exclusions will generally be adopted at the same time, or shortly after, Commission certification of the zoning phase of the LCP. As part of its submittal, the local government should indicate which developments are allowed by right in the various zone districts and which are ministerial. Where these meet the above standards, a categorical exclusion request will then be processed by the Commission. For all developments which have been categorically excluded, no permit notice requirements are required, nor are such developments appealable. (However, the initial determination that a project is excluded may be challenged pursuant to the provisions of Section 00184 of the LCP Regulations). The local government is required, by Section 00179 of the LCP Regulations, to maintain a record of such permits issued, to be made available for review on request. Certain types of develcpment that did not previously require a local permit, such as public works projects carried out by special districts or other agencies, may, however, require a coastal permit. A special section should therefore probably be added to the ordinance defining the procedural (and perhaps substantive) requirements applicable to coastal development permits not otherwise covered by permit procedures. Z-11 In all cases, procedures should be provided for applications, public notice, hearings by -the appropriate 'body (such as Planning Commission, City Council or Board of Supervisors, etc.), and other procedures necessary to implement the plans and ordinances of the local government. Such procedures will need to meet both the requirements of the State Zoning Law (Government Code Sections 65800 et seq.) and the Coastal Act. The Commission has adopted LCP implementation regulations which set minimum procedural standards for coastal development permits. These procedures must be incorporated in local regulations. The Commission regulations were designed to be as compatible as possible with most exiting local procedures. Major differences are likely to be: (a) the requirement for notice to residents within 100 feet of a proposed development (in addition to property owners); (b) notice to the Commission, including notice of the final action taken; (c) on appealable developments, waiving of local appeal fees if exhaustion of local appeals is to be required; (d)-a waiting period before a permit becomes valid to allow for potential appeals to the Commission; and (e) procedures for determining whether develgm ent is categorically excluded or appealable. These and other provisions of the LCP implementation regulations can be incorporated into existing local procedures for each type of permit (which will then be noticed as also constituting the "coastal development permit"), or a separate permit process can be established for issuing the coastal development permits, in addition to or instead of the otherwise applicable permit requirements. (A sample coastal permit procedure developed by the City of Long Beach is contained in the appendix.) 9. Enforcement The enforcement section usually includes inspection, revocation hearing, administrative remedies such as stop work orders, penalties, litigation, and any other procedures necessary for the local government to assure compliance with the zoning ordinance. Since the existing code sections on violations and enforcement will usually apply jurisdidtion-wide, but may 'not be the same as the provisions of the Coastal Act regarding violations and enforcement, a provision should be added to indicate that, within the coastal zone for all-develolarents that require a "coastal development permit", the provisions of Chapter 9 of the Coastal Act (PRC Sections 30800 et seq.) shall apply in addition to city or county code with respect to violations and enforcement. 2--12 10. Zoning District Maps As part of the submittal of the zoning phase of the LCP, each local government will need to provide clear maps of all applicable zoning districts within the coastal zone. These mist be at a scale sufficient to determine the zoning of each parcel of land, and must show not only the applicable underlying zone districts but any overlay zones (to the extent these are geographically specific). Some examples of*geographically specific overlay zones (discussed more fully in the following section) are view corridors in which special design standards may be applied, geologic or flood hazard areas, sensitive habitat areas or buffers, areas between the public road and the shoreline where access dedication requirements would be applied, hillside areas where density formulas or PUDs may be required, etc. In general, it is preferable to delineate such overlay zones directly onto the zoning map(s), so that all applicable requirements for each parcel of land can be determined quickly at the time of a development application. Another option is to apply a "coastal overlay" to the entire coastal zone, with a separate coastal zoning map further delineating the areas subject to certain standards, all of which could then be included in a "coastal overlay zoning district". Under this second option, the local government could apply some special review standards throughout the coastal zone, while delineating specific geographic areas for other standards. In addition to the zoning district maps, the Commission's LCP Regulations (Article 16, Part II, Sections 00198-199) define the need, criteria, and Procedures for identifying areas subject to continuing Commission permit - jurisdiction and to appeals of local coastal permit decisions after certification of the LCP. The State Commission will be preparing and adopting maps depicting the permit and appeals jurisdictional areas prior to or at the time of certification of the LCP. These will be on USGS quadrangle maps at a scale of 1":20001. The local government may wish to transfer this information onto larger scale local zoning maps for ease of reference, and if so, the Commission mapping staff and the Commission will review these for consistency as part of the certification of the LCP. The maps should be useful to determine which projects are appealable or which require.a separate Coastal Commission permit at the time of a permit application. However, the maps do not supercede the specific definitional Z,-13 language of the Coastal Act (Section 30603 regarding appealable developments and 30519 regarding ,areas .subject to continuing Coastal Commission permit authority), as amplified by the criteria in the LCP Regulations (Section 00199). The local government's ordinances should contain a provision for resolving any disputes over boundary determinations, following the procedure outlined in Section 00184 of the Commission's LCP Regulations. Finally, if certain categories of development in certain geographic areas are to -be -excluded from coastal development permit requirements pursuant to Coastal Act Section 30610(e), these geographic areas need to be defined. Most such exclusions will be defined geographically by the zone district maps included in the LCP;-thus no new mapping should be involved. The only special mapping required would be the areas not subject to the categorical exclusion, i.e. "tide and submerged lands, beaches, and lots immediately adjacent to the inland extent of ,any beach, or of the mean high tide line of the sea where there is no beach, and all lands subject to the public trust" as provided by Section 30610.5(b). C. ZONING TECHNIQUES In order to carry out the policies and standards of the land use plan it may be necessary 'to develop and apply a variety of zoning techniques beyond the T basic zoning districts. Many of these techniques are already employed by various local goverments. The intent of this section is to discuss the application of some of these techniques so that the local government may choose which are best suited to its needs and best able to carry out the land use plan. 1. Planned Developments The purpose of planned developments (PD) or planned unit developments (PUD) is to allow by regulation a flexible but interrelated site plan which includes housing types, circulation systems, public corks facilities and other non-residential facilities while providing for significant preservation of open space or other resources. Because .a PUD must be flexible by nature, a high degree of administrative discretion is left to planners, commissioners, and other public officials. However, for large parcels in one (or a few) ownership(s), the PUD process allows a wide variety of choices and more site specific design than is provided by -standard .zone districts. Some PUDs are intended primarily for residential developments. A use permit may be required for all uses, with only certain types of residential uses z-14 0 0 allowed (only single family houses, or single family and duplexes). however, the lot sizes, setbacks, height, or other requirements may be variable, with clustering of units preferred or even mandatory. She ordinance should establish minimum requirements for parking, open space etc., and set maximum numbers of units or development square footage standards. She lot or parcel size standards may determine the maximum density of dwelling units per acre, or the ordinance may allow a variable density depending on slopes or other objective criteria. PUD or PD ordinances also may set out other standards such as percentages of affordable housing, how to integrate existing uses into the planned development, or criteria for siting and design based on sensitive habitats, public view, grading, etc. The scope of a PUD ordinance may also 'be broader than residential. She PUD for a large parcel or project may reflect the Planned Cc munity District concept as used by the cities of Irvine and Newport peach. In these cases, the range of Permitted or conditionally permitted uses may include residential, agricultural, cammrcial, office, industrial, or recreational. The PUD or PC ordinance may require minimum acreages (such as 25 acres of vacant land or 10 acres. of Partially improved land) to qualify for this type of zoning. A PUD type ordinance may also be used on larger projects to transfer density from one portion of the development to another. The maxim-= density of the Project does not change, just the placement of the allowed over -ail density in areas most able to acccnmbdate it due to availability of public works facilities and capacities, the lack of environmentally sensitive resources, or other factors. The PUD is often applied as a separate zoning district and designated on specific parcels, usually after application by the developer. Another method may be to designate the PUD as an "overlay zone", with basic uses and densities determined by the underlying zone (R-1 etc.), modified or supplemented by the Provisions of the PUD ordinance. With an overlay zone specifically designating lands subject to the provisions of the PUD ordinance, development within the designated geographic areas is mandated to use the PUD ordinance. A third method is to treat a PUD as a special or conditional use. In this method, conditionally permitted uses in any zone district (R-21 etc.) would be a PUD. If an owner wishes to develop property zoned R-1 with clustered units, he/she may choose to apply for a conditional use permit to develop a PUD as long as the basic R-1 zone allows the PUD as a conditional use. The development is Z-15 then designed to meet the PUD criteria, which may be in a separate PUD ordinance or defined in the conditional use section. It is essential that the PUD ordinance clearly establish application, review and approval procedures. The review process is often divided into a three step process: (1) a preapplication conference; (2) a preliminary development plan; and (3) a final development plan. Preapplication conferences are usually an informal meeting between staff and the project developer to establish the information needs of the local jurisdiction if and when an application is filed, and to inform local government staff of the developer's intent and timing. The application itself must be accompanied by a preliminary development plan, describing the precise uses, locations and densities of the proposal with preliminary grading, design, or other development standards. The preliminary develcpment plan is the most critical step in the process. This is where all data is presented, and substantive changes, if any, will be made. It is.also the stage where public participation in the review is most important. The planning commission is usually the public review body for this stage. The final development is also submitted to the planning commission, with concurrence (or not) by the city council or board of supervisors. The final development plan incorporates all design changes and presents any new information. The review authority must ensure that the PUD as proposed conforms to the intent and standards of the ordinance and that it does not vary substantially from the preliminary development plan unless so approved by the review authority. 2. Transfer of Development Credits The concept of transfer of development rights, or development credits, is one method of distributing development based on limited environmental and service carrying capacities to allow more people to benefit from the ability to develop their parcel. Major constraints of a limited service system capacity or the presence of significant environmentally sensitive resources over large areas and many parcels may trigger the need to apply this type of regulatory control. The major goals of a transfer of development credit or a density transfer program are: 1) To mitigate the adverse cumulative effect of land divisions in areas not able to accommodate it. 2) To provide an incentive to reduce the potential for buildout of existing lots of inappropriate size or locations. Z.-16 0 • 3) Tb encourage use of land and development of areas consistent with the policies of the Coastal Act (or General Plan, etc.). The transfer of development credit (TDC) approach may be applied on a mandatory or voluntary basis depending on the intent and need of the local jurisdiction. It is urged that the TDC type program be applied only where large scale problems exist (such as a large supply of parcels in areas of severe service system capacity or environmental constraints) and where there are nearby potential receiving areas able to accommodate the relocated development. Such areas as the Big Sur in Monterey County and the Santa Monica Mountains, for example, may be appropriate for a transfer program. A transfer of development credit program should contain donor and receiver areas (areas impacted and areas able to accommodate an increase in development from the donor area), local procedures, development credit exchange ratios (determining how much development will be allowed to be transfered to the receiving area), and a process to extinguish development potential on the parcels in the donor area from which the development credit is transfered. The donor and receiver areas should be accurately mapped, and allowable densities in the receiver area identified. A pilot program utilizing transfer of developmnt credits has been established by the Coastal Commission for selected areas in the coastal zone of the Santa,Monica Mountains. For more information on how the TDC program was established and functions, see pp. 15-20 of the Camnission adopted Interpretive Guidelines for the Malibu -Santa Monica Mountains area (June 21, 1979). 3. Resource Protection Essentially, ordinances oriented toward resource protection have three basic functions. First, such ordinances must assure that the type and intensity of use are consistent with the protection and preservation of habitat,values. Regulation of uses must be applied both within and adjacent to the sensitive area. Within the habitat area, only uses that are ccvmatible with habitat values (e.g. certain types of agriculture, passive recreation) should be allowed, excluding any inconsistent uses (e.g. residential). Permitted uses may be defined as "passive or low -intensity recreational uses such as fishing, birdwatching, photography, nature study, natural resource education and enhancement, not including the placement of structures". Conditional uses might include minor structures in conjunction with the principal permitted use, such Z-17 as a,boatdwalk or pier; small boat and equipment storage; apiaries; and truck farming (provided that -the application of pesticides, herbicides and other toxic chemicals is prohibited). Development standards or criteria for allowing uses subject to conditional use ,permit must be clearly set forth as well as data required as part of any development application (see sample ordinance in the Appendix). Similarly in areas adjacent to sensitive habitat areas, intensities of use may need to be regulated both in terms of type of use and duration of use (e.g. a restaurant use may be more easily regulated to prevent human intrusion into nearby habitat areas than overnight uses such as motels or campgrounds). She types of permitted and conditional uses should be defined and the allowable intensity. of use should either be stated explicitly or be defined in terms of objective standards. A second function of a resource protection ordinance should be to assure that no direct adverse impacts result from construction activities. She most effective approach is to designate a buffer area where all construction is precluded or where any construction activity requires a conditional use permit. For example, the draft Santa Barbara County LCP land use plan proposes detailed site analysis for any development proposal to be located within 250 Meet of a designated habitat area. Site analysis requirements should be keyed to the location of the proposed development (e.g. within X feet of designated habitat areas), rather than to parcel size or the scale of proposed development. The thins function of resource protection ordinance provisions is to provide review requirements and criteria to assure that habitat areas are not adversely affected through the cumulative impact of development. Generally, cumulative impact concerns are addressed through siting and grading requirements established in a watershed protection or grading ordinance. Such an ordinance should contain: 1) objective criteria for regulating erosion and runoff (e.g, "rate of runoff shall not exceed natural rates"); 2) precise information requirements to be contained in the grading plan (e.g. hydrology studies, geologic information, contour maps, vegetation maps, maps of areas to be disturbed)-; 3) requirements for an erosion control plan, and 4) special siting . requirements for particularly sensitive areas (e.g. road constrution on ridges adjoining sensitive canyons). An example of criteria'for a watershed protection ordinance is set forth in the Appendix. Ordinances to maintain, protect'and restore natural resources may range from specific grading, stream corridor, wetland, or vegetation protection to more Z-18 comprehensive watershed protection ordinances. Examples of ordinances directed to specific problems would be ordinances on riparian corridor protection, tree protection and planting, and flood protection zones. All of these specific ordinances should contain standards for setbacks, grading controls, permitted uses, intensity of development, and mitigation. When a jurisdiction contains significant habitat areas, at a minimum, the resource protection criteria should be embodied in an overlay zone that applies to all development (permitted uses as well as conditional uses) and that is keyed to the proximity of development to habitat areas. If detailed and site specific data is not available, the ordinance must clearly state the siting objectives with case -by -case analysis of the existing situation required prior to the issuance of any permit. More comprehensive ordinances covering entire watersheds focus on multiple methods of resource protection including grading and erosion control, riparian corridor and vegetation protection, and stream and wetland protection. A draft watershed and habitat protection ordinance developed • by the conmtission staff is -contained in the Appendix. 4. Hazards Regulations to restrict or condition development of hazardous areas have been applied to flood plains, hillsides, earthquake fault zones, bluffs, cliffs and beaches by many local governments. %hen there is a question of health or safety to the public, government has an obligation to protect the public from those hazards, including the prohibition of building structures within those identified areas. Severe losses to public facilities (bridges, roads, sewer lines, etc.) can also be avoided by regulations restricting development in - hazard areas. Regulation of hazards can be done by separate ordinance covering specific hazards (floods only, etc.), all hazards in one ordinance, or even by a comprehensive resource protection ordinance. For example, the San Mateo County Resource Management Zone reviews all development as to hazards to public safety, flood plain criteria, tsunami innundation, seismic fault -fracture criteria, and slope stability criteria. The Coastal Act does not directly specify what types of uses may be allowed in hazard areas. The land use plan must determine what types and intensities (and design) of uses will "minimize risks to life and property in areas of high geologic, flood, and fire hazard" (PRC Section 30253(1)). Areas adjacent to Z-19 streams and other flood prone areas, for example, may be appropriate for parks, golf courses, picnic areas, game preserves, aquifer recharge,. water -related recreation facilities, or other open space uses. In addition to Coastal Act requirements, local and state governments must adopt land use regulations (including zoning, subdivision, grading, health, and any other ordinances) to protect people and property in identified flood plains in order to qualify for federal flood plain insurance (CA Water Code Section 8400 et seq.). the LUP must also plan development so as to "assure stability and structural integrity, and neither contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs" (PRC Section 30253(2)). The degree of hazard (low, moderate, high) may be determined in the LUP, with corresponding types and intensities of uses determined depending on the severity of the hazard. Permitted and conditional uses in the zoning ordinance should follow directly from the LUP policies. Some hazard areas may be so restrictive that no development is allowed. Any ordinance establishing regulations in hazard areas must require adequate site data to be provided by the applicant. Minimum requirements such as setbacks should be specified both in the land use plan and zoning ordinance. If not specified in the land use plan, criteria must be defined that will be used to determine the required setback. On larger parcels, hazardous areas can often be entirely avoided by siting development on a portion of the site not subject to the hazard. 5. Public Access Requirements The public access component of the land use plan should indicate where and under what conditions public access to the shoreline will be required, including lateral access along the beach, bluff top access to and/or along the edge of a bluff, bikeways and coastal trails, vertical access from inland points to thb ocean and other public access improvements or dedications required as a conditions of development. The regulations must precisely define the system for offering and accepting access easements and park dedications, the standards For' easements, the forms for dedication, and other ordinance provisions. (A model public access ordinance is included in the Appendix.) Public access should generally be required in the form of an irrevocable otfer to dedicate a public access easement, although in some circumstances a Z-20 direct grant of a fee interest may be appropriate where a public agency is available to accept the grant. The proposed use of the accessway as well as the type of development proposed should be considered in determining the appropriate mechanism for dedication of the accessway for public use. (See Access Supplement to the LCP Manual, the Commission's Interpretive Guidelines on Shoreline Access, and the model access ordinance in the Appendix for further discussion.) Offers to dedicate must be recorded prior to the issuance of a development permit, and should be irrevocable for a period of 21 years, allowing time for potential accepting agencies to assess the current and future need for such accessways, without burdening the landowner with delay in the use of the rest of the property and without actual public use until the accessway is accepted. (Forms for offers of dedications and specific standards for describing the easement or accessway being dedicated are included in the Appendix.) In a few relatively unusual circumstances, local governments may wish to consider the use of in -lieu fees to acquire and improve vertical accessways rather than (or in addition to) dedications of land or easements. Such circumstances (as, for example, where numerous undeveloped lots all front along one beach and only one vertical access point is needed, yet to require it of only one of the lot owners would be burdensome and inequitable) should be identified and the recommended approach outlined in the land -use plan. The use of in -lieu fees will require a very specific implementing ordinance which must include delineation of the area subject to the in -lieu fees, a method for calculating the amount of the fee, and a standard for acquiring accessways with the fees. The fee must be based both on the effect of the proposed development on the need for access and on the actual cost of acquisition and improvement of accessways when spread among all the parcels or developments that will be paying fees. The property to be acquired by the use of in -lieu fees should be identified and, if possible, secured by acquisition, an option to acquire, or other binding legal agreement prior to approvals of individual developments. The required level of specificity for an access in -lieu fee ordinance should be comparable to Section 30610.3 of the Coastal Act. The local jurisdiction may choose to deal with all of the shoreline access, dedication, and development standards through a coastal zone overlay ordinance or through a specific district for the geographic areas necessary. Such ordinances must provide at a minimum for the finding required by Section 30604(c) of the Coastal Act that "every coastal development permit issued for Z-21 any development between the nearest public road and the sea or the shoreline of any body of water located .within the coastal zone shall include a specific finding that such development is in conformity with the public access and public recreation policies of Chapter 3." (This area between the public road and the sea is also an appealable area of a certified LCP, pursuant to Section 30603(a)(1) of the Coastal Act.) 6. Housing Section 30213 of 'the Coastal Act is a recognition that meaningful access to the coast involves -housing opportunities as well as other forms of access. The locations, intensities, and types of housing will be determined in the land use plan and can normally be 'carried out by existing residential zones. For Coastal Act purposes, however, the land use plan and -zoning ordinances must also implement the Coastal Act policy that "...housing opportunities for persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Cade, shall be protected, encouraged, and, where feasible, provided." Thus, in addition to meeting the requirements of the housing element law (Government Code Section 65302(c)), the ordinances must also address the preservation of existing affordable housing, and the encouragement and provision of new affordable housing opportunities. There are numerous regulatory techniques for meeting the mandate of Section 30213, many of which are discribed in the Housing Directory published by the State Department of Housing and Community Development (HCD), which can also suggest additional source materials and provide techical assistance in preparing ordinances. The most common techniques which have proven effective in the coastal zone are described in the Commission's interpretive Guidelines on New Construction, Condominium and Stock Cooperative Conversions, -and Existing Housing, although these are not the sole methods available to local governments. a. Protection of Existing Housing: Three kinds of zoning ordinances have proven effective in protecting existing affordable housing. First, where a cortmunity has existing mobile home parks, an exclusive mobile home zone can preserve such uses as affordable housing opportunities. Second, the regulation of residential demolitions, coupled with rehabilitation incentive programs using private and public financing to preserve older housing, can serve to maintain existing lower income neighborhoods, while upgrading the housing stock. Demolition ordinances must assure that existing low Z-22 and rmderate income housing cpportunites are rehabilitated where feasible. If demolitions are, allowed, the ordinance should require the provision of comparable replacement housing on a one -for -one basis within the coastal zone. Third, the Commission has found that the conversion of existing rental housing opportunities to condominiums or stock cooperatives tends to eliminate affordable housing opportunities both directly and through its cumulative impacts. If conversions are to be allowed, local conversion ordinances must provide a mechanism to assure that the -conversion provides equal or greater housing opportunities than the existing apartments. The Commission has generally found that in a higher income rental conversion, the provision of at least one-third of the units as new lower incase housing opportunities is one method of assuring that the conversion protects existing housing opportunities. Other mitigation provisions in a condominium conversion ordinance may include moving and relocation expenses for displaced tenants, first right of refusal to current tenants, long-term leases for the elderly, etc. A conversion ordinance could also limit the number of units converted in a year based on the number of new rental units provided in the previous year, or could prohibit conversions entirely in order to preserve the rental housing stock. (An example of a condominium conversion ordinance is included in the Appendix.) b. Provision of New Housing opportunities: There are several methods of encouraging and requiring the provision of new affordable housing. Some of the mast common techniques are "inclusionary requirements" in new developments, density bonus incentive provisions, exclusive imbile home zones, designating publicly owned sites for low and moderate income housing, and strong publicly financed housing programs implemented through local housing authorities and community development departments. "Inclusionary zoning" is one of the most effective techniques. An inclusionary zone requires a certain percentage of the units in a residential project to be affordable to low or low and moderate income persons. (Coastal Commission guidelines call for 25% of new units being affordable and for applying inclusionary requirements to projects of 5 units or more.) A local government's ordinance should specify the percentage of inclusionary units, mechanisms to prevent speculation and assure continued affordability (generally through resale controls, limited equity cooperatives, or HUD contracts), and mechanisms for local administration of the program. (A smrple inclusionary Z-23 ordinance is included in the Appendix, and other examples are available from HCD.) Alternatives to a straightforward on -site inclusionary zone include inclusionary requirements which allow off -site construction of affordable units (within the coastal zone), or on or off site land dedications.as part of a community's land banking program for affordable housing. Density bonuses (or other incentives) have been required under state law when a developer agrees to provide at least 25% of a project as affordable housing (Government Code Section 65915). Density bonuses allow more units to be built than normally allowed under the zoning. Such bonuses could be a permitted or conditionally permitted use in certain residential zones, or could be a "floating zone" or overlay applied only to specific parcels, depending on local needs and circumstances. The criteria and standards for the density bonus should be specified in the land use plan, based on the character of existing, development, public works capacities, site limitations, etc., and carried out in the ordinance provisions. In certain circumstances, such as a community where limited resource capacities limit residential development to very low density, or where existing paper subdivisions in separate ownership preclude the large scale development needed to implement an inclusionary program, the use of fees in lieu of actual provision of housing units may be an appropriate means of providing affordable housing. The ordinance for an "in -lieu" fee program should contain the same kind of specificity required for an access in -lieu fee program, described earlier in this chapter. To assure that the fee charged is directly related to the provision of affordable housing (and not a tax, which would violate the prohibition on new taxes unless passed by a two thirds vote), the local government must establish the cost and availability of affordable housing sites, take steps to acquire the property to fix the actual cost of the land, and spread the actual cost of the purchase of such sites equitably among future development. Numerous other approaches and implementing ordinances may be appropriate means of providing affordable housing in the coastal zone, including the use of second "mother-in-law" units added on to single family homes, or the requirement that new industrial or commercial development provide housing opportunities for its workforce. (For example, the draft LCP for the City of Avalon provides that Z-24 new hotels must provide affordable housing for their emplcyees.) Unless alternative approaches are developed to satisfy Coastal Act requirements, the Commission's interpretive guidelines on housing developments provide a basis for zoning ordinances that adequately protect and provide affordable housing opportunities. In the coastal zone,.it is necessary that zoning ordinances take into account both the need for affordable housing and environmental concerns. Industrial, cc mercial and agricultural uses depend in part on the provision of affordable housing, while resource protection and environmental concerns may impede housing development. Thus new housing development should only be allowed where consistent with coastal environmental policies, but where new residential development is appropriate, it should include provision for affordable housing. 7. Agriculture Coastal Act Sections 30241, 30242, and 30243 contain policies directed at the protection of agricultural resources in the coastal zone. Me land use plan will determine the boundaries between urban and agricultural uses, provide for the maximum amount of prime agricultural land to be maintained in agricultural production, set limits and criteria on any permitted conversion of agricultural lands to non-agricultural uses, and establish minimum parcel sizes to assure the maintenance of long-term agricultural viability. An agricultural zone district for the LCP should clearly state that its purpose is to provide maximum areas and opportunities for agricultural activities and to exclude all other activities which have a detrimental effect upon agricultural use. The principal permitted use should be for the growing and harvesting of crops, including essential agricultural buildings such as barns, animal pens and sheds, equipment storage, and the principal residence of the farm owner or operator. Any conditionally permitted uses, such as farm labor housing, agricultural 'processing or sales, etc., should be supportive of the agricultural uses. The ordinance should establish standards for conditional uses to assure that they will not adversely affect the viability or productivity of the agricultural use. All agricultural landd'(prime and non -prime) must be accurately mapped in appropriate agricultural zone districts and must use definitions for prime land and agricultural products as provided in Government Code Section 51201. In addition, for the State Coastal Conservancy to enter into agricultural Z-25 enhancement or restoration projects, Section 31152 requires that the agricultural lands be "specifically identified in a certified local coastal plan or program as agricultural lands". 2hus the agricultural lands proposed for a Conservancy project must be included in the LCP. Appropriate minimum parcel sizes essential for the maintenance and protection of agricultural lands will have been designated in the LUP and should be specified in the zoning ordinance. Zhe size may vary from region to region, depending on soils, crop types,. climate, markets and existing parcel sizes. Minimum acreages are necessaty, however, to protect a potential range of agricultural uses. It should be noted that the Subdivision Map Act (Section 66424) provides that divisions of land for the purpose of leasing agricultural land for agricultural purposes (cultivation of food or fiber or grazing or pasturing of livestock) are not considered a "subdivision" under that Act. 72nus it is not necessary to divide agricultural land into small parcels only for the purpose of leasing. Buffer areas, established in the land use plan pursuant to Section 30241(a) in order to minimize conflicts between agricultural and urban land uses, should be designated for uses that are compatible with both types of use. Potential buffer land uses include limited industrial (non -air polluting), institutional, low -intensity visitor commercial, or rural residential. Where possible, further buffering from adjacent agricultural uses by the use of setbacks, fences, vegetation barriers and other natural and man-made linear buffers should be provided. Conditions on buffer area uses should be specified in criteria for conditional use permits in the appropriate zone district or in a special buffer area overlay district. Where existing parcel sizes are already marginal for agriculture (generally less than 10,acres) and are located on the periphery of urban development, mixed residential and agricultural uses may be provided, consistent with land use plan recommendations. this may be accomplished through a "rural residential" type zone, allowing, for example, 2-10 acre parcel sizes. Such a zone will usually allow by right the keeping of limited numbers of farm animals and should limit the land coverage of the parcels by development (house, garage, yard, driveway, etc.). Zhe.agricultural use is usually expected to be secondary and intended only as supplementary income to the landowner. 8. Recreation and Visitor -Serving Uses PRC Sections 30220-30224 and 30255 clearly establish waterfront recreation Yr26 and other visitor -serving commercial recreation as priority Coastal Act uses. In most areas, oceanfront land (either in public ownership or designated for lateral access dedications) should be zoned exclusively for water -oriented recreational activities (swimming, surfing, fishing, sun-bathing, etc.). Areas designated for boating facilities may be included in a separate zoning district which allows only those uses (boat slips, launching ramps, dry storage, boat repair yards, chandlery supply stores, etc.). Visitor -serving commercial uses should include hotels, motels, RV and tent camping, restaurants, and visitor -oriented cam-ercial uses such as beachwear or fishing supply stores or surfboard or bicycle rentals. Commercial recreation may also include swimming pools, tennis courts, horseback riding, etc. The ordinance should closely reflect the uses and -intensities called for in the land use plan (number of rooms, square footage of commercial use, total site coverage, etc.). Depending on local circumstances, several sub -districts within this category may be established, one allowing only lower intensity uses (tent camping, open space commercial recreation, etc.), with others allowing more intensive uses (hotels, resort). The zoning ordinance should, where appropriate, apply recreational and visitor -serving uses to both private and publicly owned lands, except for federally owned lands. 9. Archaeologic Resources Coastal Act Section 30244 requires reasonable mitigation measures "where development would adversely impact archeological or paleontological resources asidentified by the State Historic Preservation Officer." The land use plan will identify general geographic areas and/or include policies for the protection of archaeologic resources. The ordinance should require an archaeologic reconnaissance (after the initial determination of probable resources by the use of sensitivity maps), notification of proposed projects to professional archaeologists and native American organizations, and the imposition of standard archaeologic mitigation conditions prior to project approval. The exact types of mitigation necessary may differ from project to project. The ordinance could contain a list of measures to be applied (first preference to last), including: a) Prohibition of any development over or disturbance of an archaeologic resource; b)- Allow open space uses over the sites (limited human use but no structural development); Z-27 c) Locate allowed development on the least sensitive portion of the project site; d) Fill over the archaeologic areas (clean sand) before permitting structures; or e) Conduct a complete salvage archaeologic survey and analysis prior to construction. In addition, an implementing ordinance should require that all discretionary review projects be conditioned to stop work in the event that archeaologic materials are discovered during construction. 10. Scenic Protection and Design In many areas of the coast, the land use plan policies for protecting scenic quality and views of the ocean can be adequately carried out by traditional zoning methods. For example, agricultural zoning wi11 maintain most rural areas in scenic open space. In areas appropriate for urban development but located between a public viewpoint and the sea, BUD zoning with mandatory clustering and retention of view corridors may be needed. Slope -density formulas and PM approaches can also be used to avoid alteration of natural land forms and to reduce grad#g, while concentrating development in more easily buildable areas. In a location with a substantial drop in elevation between the coastal road and the ocean, simple height limits as part of existing zone districts may be sufficient to protect coastal views. In particularly scenic or visually prominent areas where building on existing lots needs to be carefully controlled, the land use plan may include scenic protection policies necessitating other implementing ordinances, such as design review. Design review may also be warranted in "special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses" (PRC Section 30253(5))— areas such as the town of Mendocino, Carmel, or La Jolla. In most urban areas of the coast, however, the type, intensity and perhaps bulk of development (generally regulated through normal zoning districts) are of more concern under the Coastal Act than the design. (Certainly local concern for design quality in many areas may lead to locally -developed design review standards, and these may also be included in the LCP. In most urban areas, however, they are not considered mandatory to meet Coastal Act requirements, and such design review should not preclude priority uses). Z-28 Where design review is important to carrying out coastal land use plan policies, the ordinance will need to spell out: (a) what geographic area and/or types of development require review (e.g. only areas between the coastal road and the sea, or only commercial or multi -family residential developments, etc.); (b) what information needs to be submitted to enable a thorough design review (e.g. drawings to a specified scale with elevations, landscaping, grading, exterior materials, parking, etc. delineated); (c) review procedures (e.g. a separate review board or review handled by the Planning Commission); and (d) standards or criteria on which the review and development decision are based. The criteria established should, of course, reflect the land use plan policies. The ordinance may establish an overall objective or finding that new development be visually compatible with the character of the surrounding area, enhance and restore visual quality in visually degraded areas, and be subordinate to the character of its setting (based on Coastal Act Section 30251). More specific standards or criteria should be defined based on the particular local setting (such as types of building materials, bulk, setback and open space standards, extent of view corridors, landscaping, etc.). Some of these may be objective standards (such as height, setbacks) while others may be discretionary. A design guidebook is an additional tool that some local governments use to illustrate and promote the desired design treatments. 11. Industrial and Energy Da% lognent If coastal -dependent and other major industrial facilities need to be acc=rodated in the LCP, the local jurisdiction will need ordinances with siting and performance standards. An ordinance might contain sections on oil and gas wells, oil and gas processing facilities, marine terminals, on -shore pipelines, electric transmission lines, and piers and staging areas for the industrial activity. Some jurisdictions with extensive on and off -shore oil activities have established an administrative office such as a petroleum administrator. Some coastal -dependent industrial uses, by their very nature (such as - pipelines), may need to be located within other zone districts. A conditional use permit should be required for any of these uses in other zoning districts. The conditions under which the coastal -dependent industrial uses may be allowed' should be clearly spelled out within the ordinance. Certain coastal -dependent industrial uses such as high -voltage transmission lines and onshore oil processing and storage facilities may also be required to obtain conditional use 2r29 0 • permits, as they are hazardous and present potential significant impacts on the surrounding areas. Ordinances should assure that non -coastal dependent industrial uses do not preempt land designated in the land use plan for coastal -dependent uses, probably by developing an exclusive coastal -dependent industry zone. other industrial uses, if shown on the land use plan, should be governed by a separate ordinance, possibly the existing industrial use ordinance. (Contact Coastal Camussion energy division staff for further assistance on specific energy and industrial zoning provisions). As noted in the introduction to this chapter, "other implementing actions" would be a mandatory part of an LCP only in specially -designated "sensitive coastal resource areas," none of which were designated by the Commission. The Coastal Act also specifies that: "Approval of a local coastal program shall not be withheld because•of the inability of the local government to financially support or implement any policy or policies contained in this division; provided, however, that this shall not require the approval of a local coastal program allowing development not in conformity with the policies in Chapter 3." (PRC Section 30516(a)) Thus the Commission cannot require the expenditure of public funds for certain programs, but neither can it approve development that is dependent on other actions to be found consistent with coastal policies. Certain implementing actions may be needed as a part of the over-all zoning scheme to carry out the LCP in some instances, and in others, allowed zoning -my depend on corresponding public actions. In addition.to these types of programs linked directly to the LCP itself, many other implementation measures will be desirable to achieve Coastal Act and LCP goals that can be accanplished only through positive public actions. Each of these types of implementing actions is discussed below. . First, there may be cases where allowable Hew development, as proposed in the land use plan, would have cumulative adverse impacts on coastal resources or access, but where the impact cannot be mitigated through regulatory ordinances (zoning) alone. if the land use plan calls for a special program to enable such developments by using other techniques, these would then become a necessary part Z-30 of the zoning phase, since the Commission would otherwise be unable to find that the LCP meets Coastal Act policies. Such situations might include in -lieu fee systems or formation of special districts, where the implementation program to be undertaken needs to be precisely defined in order for the new development to proceed. In the northern communities of the City of San Diego, for example, urban development on mesas and slopes draining into Los Penasquitos Lagoon contributes to increased runoff, erosion, and sedimentation into this extremely valuable wetland habitat. Lot coverage and drainage control measures are only partial mitigation. Staff is working with the City in this case to explore the possibility of an in -lieu fee system for new development to provide effective on -going management measures for the lagoon and its watershed to mitigate the effects of new development. Another example might be an area where'the formation of a parking district is proposed to develop new consolidated parking opportunities rather than requiring each new development to provide fully for its own needs. in such a case, the details of the parking district, its fees and proposed acquisition and parking development plans would need to be part of the Phase III submittal, since otherwise the Commission would have to require full on -site parking in order to find that the new development would not adversely affect coastal access opportunities. The second type of circumstance is similar, in that allowable -new development is dependent on certain other actions, such as the provision of expanded sewer or water services, or increased public recreation facilities. In these cases, however, the other actions themselves need not be part of Phase III, but the permissible zoning must reflect and be linked to the other necessary actions. Where a land use designation is dependent on future expansion of public services, it is generally preferable not to zone the "urban expansion area" for urban use until the services are in fact available. Rezoning to the ultimate intended use, as defined in the land use plan, could proceed once the public actions or improvements have taken place. This rezoning would require an LCP amendment, but since the zoning is evaluated based on the certified land use plan, certainty would be provided. A second approach is conditional zoning for the ultimate use, with the triggering mechanism for allowing the use clearly specified in the ordinances. Z-31 (This approach may be similar to certain "growth control" techniques being developed.in several communities.) This second approach has the advantage of not requiring rezoning, but the disadvantages of being more complex (requiring very specific standards and review procedures) and potentially misleading landowners who may believe they can proceed with development immediately. Unless the needed public actions can be specifically identified and are imminent, the first approach is recommended. The final category of "other implementing actions" is public actions that are important for carrying out policy objectives, but which are not linked to new development. Examples include acquisition and improvement programs for public access and recreation facilities, restoration and management of degraded wetlands, harbor expansion proposals, etc. These types of programs are called Phase IV. Such programs cannot be mandated by the Commission (even if the LCP calls for them with "shall" language), yet the Ccammmi.ssion recognizes that such actions may often be essential to achieving more positive goals that cannot be accomplished through zoning. Because of the importance of such Phase IV immplementation programs, the Commission in 1980 began making funds available on an incentive basis. Applications for qualified projects that could be completed by December 1980 have already been processed. The Commission's LCP funds at this time are very limited, and its first priority through July 1981 must be the completion of mandatory elements of the LCPs. Thus at this time, no additional Phase Iv funds are available. Depending on actual costs and timing for completing all LCPs, and on amount of state and federal funds available to the Commission, we hope to be able to resume some funding of high priority Phase IV programs during 1981, with increasing allocations for this purpose by 1982. However, LCP funds are in any case relatively limited and, unfortunately, cannot be used for construction, acquisition and improvement types of activities, under federal regulations. Thus the Commission and local governments will need to continue to seek funding from other sources for most iCP implementation programs. Such sources include bond acts, Coastal• Conservancy grants, oil revenues, etc. A manual prepared by the City of Pacifica and available from the Commission offices describes a number of such funding sources, their- limitations and applicability, and whom to contact. Grant funds are available for LOP start-up costs, such as staff training, preparation of final documents, permit forms, etc., and certain increased permit processing costs (specified in AB643) necessary to effectuate the certified LOP. Such costs should be included in Phase III grant applications. Y1-32 E. ADOPTION, CERTIFICATION, AND EFFECTUATION OF LCP 1. Local Adoption As with the land use plan phase of the LCP, the zoning phase will require opportunities for public and governmental agency involvement. However, since all major land use and policy decisions will have been made at the land use plan stage, the forums for citizen involvement may differ from those of the land use phase. In some cases, the public hearings alone may offer adequate opportunity for public involvement. A workshop session and/or continued review by a citizen advisory or technical committee previously involved in the land use plan will undoubtedly be desirable in many cases and such public participation measures should be spelled%out in the local government's Phase III work program. Involvement of the public at the early stages of the implementation program is a requirement of the Coastal Act and of the holding in the Woodland Hills case. The zoning phase of the LCP is exempt from the requirement for an Environmental Impact Report (provided it applies only within the coastal zone), as the Coastal Commission is charged with the responsibility for assuring compliance with CEQA under a "functional equivalency" provision. For the Commission to fulfill this responsibility, it will need to find that alternatives were considered and that the zoning measures as proposed provide for the mitigation of all significant environmental impacts or represent the least environmentally'damaging feasible alternative. In most cases, this finding will elaborate on the alternatives and environmental impacts already considered at the land use plan stage. In addition, the zoning submittal will need to include written responses to significant environmental points raised -during the local process. The local adoption process itself must meet both the minimum public notice provisions of the Commission's LCP Regulations and the requirements of State Planning and Zoning Law, particularly Government Code Sections 65853 et seq. According to the LCP Regulations (Section 00050), notice of the availability of a review draft of the proposed zoning documents must be mailed to all interested persons at least six weeks prior to final local action on them. In addition, notice to interested persons and by general publication shall be given at least 10 working days before public hearings on the zoning. Interested persons includes not only those who have specifically requested to be on the local ?r-33 E government's ICP mailing list, but also adjoining local jurisdictions, special districts, the local COG, and the state and federal agencies listed in Appendix A of the LCP Manual (as periodically updated). Any government agencies ]mown to have a particular interest should be sent a review copy of the document, as well as a notice. (4his certainly should include both the regional and state offices of the Coastal Commission!) It should be emphasized that the "final local action" referred to for purposes of these notices is the adoption of a resolution by the city council or board of supervisors to submit the documents for certification. Pursuant to PRC Section 3O510(a), the resolution, adopted after public hearing, must certify that "the local coastal program is intended to be carried out in a manner fully in conformity with this division [the Coastal Act]." The Camnission's LCP Regulations (Section O0070(b) specify that: "A local government may submit its proposed local coastal program either: (1) as a program that will take effect automatically upon coastal commission approval..., or (2) as a program that will require formal local government adoption after commission approval. Under either of the alternative procedures, the requirements of Section 00140 must be fulfilled following commission approval of the local coastal program." (See discussion of "Effectuation" below.) Alternative (2) is strongly recommended, since that will enable the local government to incorporate any necessary revisions in its final adoption process without undue duplication of effort. However, the public notice and public review period are most important prior to the submittal, as that is the point at which changes can most easily be incorporated. The notice and procedures pursuant to State Planning and Zoning Law include required hearings before both the planning commission and governing body, with notice published in a newspaper of general circulation in the area at least 10 calendar days before the hearing (Government Code Section 65854). Section 65854.5 requires additional notice by mail to all property owners within 300. feet of the property which is subject to the proposed zoning change. However, if the number of people who would need to be so notified is greater than 11000, the county or city may, instead, provide notice by placing an ad of at least 1/4 page in a newspaper of general circulation in the area or by placing an insert in a generalized mailing to county or city property owners in the area, such as billings for county or city services. Such ad or mailing insert must specify Z-34 the type and magnitude of changes proposed, where copies may be obtained, the time and place of the hearing, and the right to appear and cadent. As with Comuission public notice requirements, such Government Code requirements would most effectively fulfill their intent of eliciting public participation during the decision making process if provided prior to the local submittal of proposed zoning to the Coastal Camdssion. Since the Government Code allows continuation of such hearings "from time to time", the final adoption process by the Planning Commission and Council or Board could be continued until after receiving Coastal Commission certification without requiring another round of notices., 2. Certification The zoning portion of the LCP rewires certification by the Camnission but, as noted briefly in the introduction to this chapter, the standard of review and the review process are different than for land use plan certification. Pursuant to PRC Section 30513, the regional camussion or State Commission may reject a zoning ordinance or map only if it finds that the zoning does not conform with or is inadequate to carry out the certified land use plan. A majority vote of appointed membership of the commission is required to reject zoning ordinances. The Comnission's LCP Regulations, Section 00110(b), specifies further voting procedures in the event the commission rejects the zoning as submitted but is able to find the zoning adequate with certain modifications. (As with any conditional action on an LCP, such modifications would became effective only if .agreed to and adopted by the local. government. The local government may choose to submit an alternative proposal for certification if it does not wish to accept the conditions.) The regional camnission has 60 days from the filing of the zoning submittal in which to take action, unless the time limit is waived by the local government. Failure to act within that deadline is deemed an action to approve. After the regional camrdssion has reviewed and approved, conditionally approved, or rejected the zoning portion of the LCP, the regional action may be reviewed by the State Commission if: a) A regional rejection is appealed by the local government (within 10 days after receipt of a notice of such rejection, which must specify the provisions not found in conformity with or adequate to carry out the land use plan and the reasons therefore); Z-35 0 0 z t; b) The regional action (approval or rejection) is appealed by any aggrieved person (within 10 working days of the action); or c) In the absence of an appeal, the State Commission determines, within 30 days of a regional approval, that a substantial issue is presented as to conformity with or adequacy to carry out the certified land use plan. If the State Commission does not find substantial issues, the regional action becomes final (thus deeming a regional approval as a final certification). If the Commission finds substantial issues, it will then review and take final action on the zoning within certain time limits. (The voting requirements and time limits depend on whether the zoning was appealed or not.) All of these procedures are spelled out in Pk Section 30513 and, with more specific elaboration, in Section 00110(b) and Sections 00130-00133 of the LCP Regulations. It should be noted that these procedures apply only if the zoning is submitted after certification of the land use plan. If both are submitted together, the procedures and time limits for the lairs use plan apply to both. After final State Commission action on the zoning, the Executive Director will send a letter forwarding the "certification order" (or in the event of a rejection, a letter explaining the reasons therefore) to the local government and to any other interested person who so requests. 3. Effectuation pursuant to LCP Regulations Section 001401 the certification does not become effective until: Na) The local government with jurisdiction over the area governed by the certified local coastal program, by action of its governing body, acknowledges receipt of the cammission's resolution of certification including any terms or conditions which may have been required as a condition precedent to final certification; accepts and agrees to any such. terms and conditions and takes whatever formal,action is required to satisfy the terms and conditions; and agrees to issue coastal development permits for the total area included in the approved local coastal program unless the ommission determines otherwise; (b) The executive director of the commission determines in writing that the local government's action and the notification procedures for appealable development... are legally adequate to satisfy any specific requirements set forth in the regional commission or commission's certification order; and z-36 w 0 0 (c) The executive director of the cammission reports the executive director's determination to the commission .at its next regularly scheduled public meeting and the commission does not object to the executive director's determination." The local government will need to adopt formally any necessary amendments to its land use plan and ordinances resulting from the Commission's certification action, and will need to have procedures in place for processing of coastal development permits that meet the standards of LCP Regulations, Article 16 (see the section on procedures earlier in this chapter). Upon completion of formal local adoption of such ordinances, they should be submitted to the Executive Director of the C=Mssion, who will review them for legal sufficiency and schedule his/her determination for Commission concurrence at the Commission's next regular meeting, such items will generally be noticed as part of the agenda, and in addition, notice will be sent to anyone who so requests. The item is not a public hearing, but the Commission will be informed if any questions have been raised as to whether the local government's actions do adequately fulfill all conditions of certification. Upon concurrence by the Commission, and once the ordinances have gone through any legally required -waiting period (usually 30 days from the date of final local adoption), the local government will officially take over the coastal permit process pursuant to PRC Section 30519. The ultimate goal of the Coastal Act will (finally) have been achieved, returning regulatory authority to -the local level but with assurance that Coastal Act policies will be carried out. From that point on, the Commission's authority will be limited to the following: a) Continuing to exercise coastal permit authority in the public trust, tide, and submerged lands defined in Section 30519(b). These permits anuld continue to be decided by the regional commission (subject to possible appeal) as long as the regional commissions are in existence. b) Hearing appeals from local coastal permit decisions, but only for the defined types and locations of development that are appealable pursuant to PRC Section 30603. These appeals would go straight to the State Commission, but the Commission would hear such appeals only if it determines that a significant question has been raised as to the development's conformity with the LCP. As stated in PRC Section 30604(b): Z-37 0 a ,a "After certification of the local coastal program, a coastal development permit shall be issued if the issuing agency or the commission on appeal finds that the proposed development is in conformity with the certified LCP." c) Reviewing jand certifying any proposed amendments to the LCP. These will generally be Initiated by the local government, but may be initiated independently for public works or energy facility proposals under certain circumstances, as provided in PRC Section 30515. The Commission will be adopting regulations for processing LCP amendments, which will generally be similar to the procedures for original certification, except that certain amendments may be designated as minor by the Executive birector (PRC Section 30514). In addition, the Commission may review and comment on local coastal permit issues. In any case where the ICP is being violated by a local decision but where such.decision is not appealable to the Commission, the Commission or any other aggrieved person has the right to judicial review, according to PRC Sections 30802-30806. Section 30806 also provides that the State Department of Justice shall provide legal assistance to local governments when they are sued as a result of enforcement or implementation of their certified LCP. Finally, Section 30519.5 of the Coastal Act provides that: "The Commission shall, from time to time but at least once every five years after certification, review every certified local coastal program to determine whether such program is being effectively implemented in conformity with the policies of this division." The Commission will submit any recommendations to the local government and, if the recatmndation5 are not taken by the local government within one year, the Commission may, if appropriate, recammend legislative action. Z-38 AQ,k) Efate of California S R E C E I g E p Pla: •qi�� Memorandum JUL291980�-- \� C„L! . L July 28, 1980 To: L.C.P. Coordinators From: David N. Smith Subject: Long Beach Administrative Procedures for L.C.P. implementation The attached may be helpful to you in developing administrative procedures for implementation of Local Coastal Programs. DNS/sws Att. � 1 N 9 N 00 m d�� Y TOO Cm a 0M'a Cgmm 0 Z5 OONOL O ¢aim N Um1 2 3 4 5 6 7 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 125 26 27 33 follows: •COA-5TAL PERmIT Pr�ocEDV9F5 ORDINANCE NO. C- 5'616 JUL)* 29 Loucko AN ORDINANCE AMENDING ORDINANCE NO. "•, `o C-3600, KNOWN AS THE LONG BEACH MUNICIPAL CODE, BY AMENDING SUBSECTION (b) OF SECTION 9120.1; SUBSECTION (a) OF SECTION 9120.3; SEC- TION 9120.4; ITEM (1) OF SECTION 9120.9(c)4C; AND SUBSECTION (b) OF SECTION 9120.18; ALL RELATING TO THE ZONING REGULATIONS [LCP IMPLEMENTATION] The City Council of the City of Long Beach ordains as Section 1. That Ordinance No. C-3600, as amended, kn as the Long Beach Municipal Code, is hereby amended by amending Subsection (b) of Section 9120.1 to read as follows: (b) Scope. The Zoning Regulations shall apply to all development or use of property within the City, whether public or private, tidal or submerged, except the following excluded properties: 1. Roadways. When dedicated as public free- ways, streets or alleys. However, in the coastal zone, any development or other public works pro- ject in public rights -of -way shall be subject to the local coastal development permit requirements and procedures in Section 9120.4 of this Part; 2. Public Properties. When owned or leased 4.99 NHl1 - 1 - I N 9 AAO � 3 86 � om o0 �JC�N 3 auU � COr Ljt � a �Q3md U o J 111 2 3 4 5 6 7 8 J� 101 11 12 13 14 15 16 17 18 19 21 24II 126 28 by an agency of the Federal, State, County, cities other than the City Of Long Beach, the Long Beach Unified School District or the Long Beach Community College District, and used by such agency for a public purpose. However, in the coastal zone, any government or agency, other than the Federal gov- ernment or agency thereof, shall be subject to the local coastal development permit requirement and procedures in Section 9120.4 of this Part; 3. Oil, Gas and Water. When properties are used for oil or gas extraction and for City water wells and when such uses are regulated by other provisions of the Municipal Code. However, in the coastal zone, all development including drilling, new operating permits, drilling area changes or special condition variances shall be subject to the local coastal development permit requirement and procedures in Section 9120.4 of this Part; 4. Public Utility Transmission, Distribu- tion and Transit Lines. When locating and using such lines only and not when land, air rights, or mineral rights are being utilized for other than transmission, distribution or transit purposes. However, in the coastal zone, all development shall be subject to the local coastal development permit requirement and procedures in Section 9120.4 of this Part; 5. Redevelopment Areas. When Properties are i I V•99 t.'vm - 2 - i 2 3 4 N N 190 Cm Nmfp � 190 m Coco 80 a,� c _N W j, c0U WO _ 0 08^'CL c c02 �mOCO 0 U�J 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 �25 26 27 28 within the boundaries of an approved redevelop- ment project area, the use regulations and dev- elopment standards of the approved redevelopment plan shall supersede the Zoning Regulations. When no applicable use regulations or development stan- dards are a part of the redevelopment plan, the Zoning Regulations shall apply. However, in the coastal zone, all development shall be subject to the local coastal development permit requirement and procedures in Section 9120.4 of this Part; and 6. Submerged Properties. When properties are submerged, only the local coastal development permit requirements and procedures in Section 9120.4 of this Part shall apply, and these shall apply outside the jurisdiction of the certified Port of Long Beach Piaster Plan and implementing procedures. The Zoning Regulations shall be deemed to be minimum requirements to promote and preserve the health, safety, comfort, convenience, prosperity and general welfare of the people. The ordinance amending this Part is not intended to repeal, annul, abrogate, impair or interfere with existing provi- sions of any other ordinance or law; provided, how- ever, that where the provisions of this Part impose greater restrictions than those required by other ordinances or laws, the provisions of this Part shall control. L-99 14't91 - 3 - 11 L1I a 101 Ubm 11 �a0 Y C p•C tp 12 13 14 c `oOma ¢Q3md 15' CUB o 16 17 18 19 20 211 22 23 24 25 1226 27 28 Sec. 2. That Ordinance No. C-3600 is further amended by amending Subsection (a) of Section 9120.3 to read as follows: (a) Violations and Enforcement. Any violation of the Zoning Regulations is a misdemeanor and upon convic- tion is punishable by a fine of not more than Five Hun- dred Dollars, or by imprisonment for a period of not more than six months or by both such fine and imprison- ment. The existence of such a violation for each and every day after the service of a notice of a violation shall be deemed a separate and distinct offense. The City Prosecutor shall prosecute all persons guilty of such violations by continuous prosecutions, if neces- sary, until the violation is abated or removed. Upon discovery of a violation, the Department of Planning and Building shall issue a notice of violation to the owner of the subject property. The owner shall correct such violation or take reasonable action to begin correction and shall diligently pursue completion of such correction within thirty days after notifica- tion of the violation. The Department of Planning and Building shall notify the City Prosecutor of any fail- ure to correct such violation and shall request the City Prosecutor to take appropriate legal action. A repetitive or episodic violation of the same regulation shall be deemed,a failure to correct and the Department of Planning and Building shall so notify the City Pros- ecutor of such failure to correct. Any violation of the Zoning Regulations within the 9 •11 W7m - 4 - I V N UDm A �O Cm N�(p o �90 s rno•E ya6m o �TcoiU� ywO=o a. OOHm6 QQ �m d Una J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 211 22 23 24 �25 26 27 28 Long Beach Coastal Zone shall also constitute a viola- tion of Division 20, Section 30000 et sere . of the Public Resources Code of the State of California and shall be subject to the remedies, fines and penalties provided in Division 20, Chapter 9, Section 30800 et seq. of the Public Resources Code. However, this provision shall not preclude any enforcement under the provisions of the Long Beach Municipal Code. Sec. 3. That Ordinance No. C-3600 is further amended by amending Section 9120.4 to read as follows: SECTION 9120.4 - Administrative Procedures - (a) Pur- pose. The purpose of this Section is to establish pro- cedures for the modification of the Zoning Regulations and for the granting of relief from or special consid- eration under the Zoning Regulations. This Section is established because no regulation can be adopted that will foresee all future changes in the needs, goals, and objectives of the City and that has considered all relevant factors and variations in conditions existing throughout the City. Therefore, the procedures in this Section have been developed to: 1. Provide for a flexible set of Zoning Regulations; 2. Provide for equitable treatment of the rights of all property owners, residents, workers and visitors to the City; 3. Provide for an open and accessible deci- L-99 t✓991 - 5 - N 9 mmtpo Cm-5 "0 om.: m m mow' t 0o OWO m00=o mmmmd ¢I Una J 1 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 25 126 27 28 sion making process; and 4. Provide a minimum of administrative delay and burden. (b) Position of Zoning Administrator. The posi- tion of Zoning Administrator is established primarily to provide a hearing officer to conduct certain public hearings as specified in this Section. The Zoning Ad- ministrator shall be a Planning officer appointed by the Director of Planning and Building with the approval of the Planning Commission. In the absence of the Zon- ing Administrator, the Director of Planning and Build- ing may assume the responsibilities of the Zoning Ad- ministrator or may appoint a substitute from among other Planning Officers. (a) General Procedures. Unless otherwise speci- fied, the following provisions shall apply to all admin- istrative procedures provided in this Section: 1. Right of Application. The owner of any real property in the City, or his authorized agent, may apply to initiate any of the procedures in this Section applicable to his property, unless otherwise prohibited. The Director of Planning and Building may request proof of ownership and/or auth- orization prior to acceptance of any application. M A filing fee as prescribed by City Council resolution shall accompany each application. Such information as is deemed reasonable and necessary by the Director of Planning and Building shall - 6 - S LqS 141761 i accompany each application. The Director of Plan- a ning and Building shall determine when an applica- 3 tion is complete and when further information is 4 required. 5 2. Public Hearings. A public hearing shall 6 be held for each procedure authorized in this Sec- 7 tion, unless otherwise specified. 8 3. Hearing Notice. 9 A. Notices Required. Notice shall be 10 given for all public hearings not less than �Em 11 ten days nor more than forty-five days prior CCOR 12 to the hearing date by all of the following 2 rOM Eo a. `n=� 13 means, unless otherwise specified: 'FO 14 (1) The mailing of a notice to oWO o-Qa ¢Zmrn~ 15 the owner of the property or duly auth- Umo 16 orized agent; 17 (2) The mailing of a notice to 18 all city libraries to, be posted or kept 19 in a public file; 20 (3) The mailing of a notice to 21 all property owners within three hun- 22 dyed feet of the subject property an 23 in addition, when the property is in 24 the coastal zone, mailing notice to all 125 residents within one hundred feet of the 26 property; provided: 27 (aa) Not less than a minimum 28 of ten nearest property owners are - 7 - �•99 14'»1 a w 0 � O1o'c`P �p �61 r0 Go o c—'= aoma c t10 m C UM o J 1 notified; 2 (bb) If more than two hundred 3 notices are required, this notice 4 requirement becomes unduly burden- s some, so mailed notice shall only 6 be required to the nearest ten prop- 7 erty owners provided a legal notice 8 is also published in a newspaper of 9 general circulation in the City; or 10 (cc) If the project is City 11 initiated involving a zoning remap- 12 ping program, notices shall be sent 13 to all property owners within three 14 hundred feet, regardless of number, 15 but such notice may be for the first 16 meeting of the zoning remapping pro- 17 gram or for the public hearing and 18 need not be sent for both. However, 19 if notices are only sent for the 20 first fleeting of the zoning remap- 21 ping program, notices shall also 22 be sent for the public hearing to 23 any person requesting such notice 24 if it is requested within five days 25 after the first meeting. If notice �26 is provided for only the first 27 meeting of the zoning remapping pro- 28 gram, such notice shall state that - 8 - 1 I �.99 u'7ei additional notices will not be sent 1 unless requested. 2 (4) When a project is located in 3 4 the coastal zone: (aa) The mailing of a notice 5 6 to the Coastal Commission; and 7 (bb) The mailing of a notice g to all persons requesting notice 9 for the individual project or all 10 coastal zone hearings. (5) The posting of a notice on the tao ii 12 site. The posting and maintenance of em;�o `°,°._9 i0pmg� a� °ivi such notice shall be the responsibility �9 3:003, 13 v00r0 14 of the applicant. Such notices shall any° 00002 ¢<�mF be posted in a manner prescribed by the =� 15 a Um� 16 Director of Planning and Building. Fail- 17 ure to adequately post or maintain the 1g notice shall be cause for the continuance 19 of the hearing. 20 B. Notice Contents. All notices shall 21 contain, as a minimum, the following informa- 22 t ion : 23 (1) The applicant's name; 24 (2) The filing date; 25 (3) The case number for the pro- 26 ject; 27 (4) The location of the project, 28 whether it is in the coastal zone and - 9 - L•99 {✓96� I whether it is appealable to the Coastal 2 Commission; r. 3 (5) A description of the project; 4 (6) The reason for the public 5 hearing; 6 (7) The date, time and place of 7 the public hearing; 8 (8) The general procedures for the 9 hearing and receipt of public comments; and 10 (9) The means for appeal, includ- m 11 ing appeal to the Coastal Commission, 0 MG °rn� 12 when applicable. mom=a 13 4. Action. Following the completion of tes- e0QrJ a=°mot 14 timony at a public hearing, action shall be taken o omma ma3md �- 15 to approve, conditionally approve, partially ap- 'U�o J 16 prove, deny, continue or take under advisement the 17 subject of the public hearing. If the action taken 18 is to continue or take under advisement, any sub8e- 19 quent hearing shall be renoticed unless the date, 20 time and place of such hearing is specifically 21 stated with the action; or unless the date, time 22 and place of such hearing is specifically stated 23 with the original notice, and such subsequent 24 hearing is set within forty-five days of the orig- 25 inal hearing (except when a zoning remapping pro- j26 gram is involved). 27 5. Right to Comment. Prior to the time set 28 for any public hearing, any person having any - 10 - L•9i l�"111 1 interest affected by the pending application may 2 file with the Department of Planning and Building 3 a written statement either approving or objecting 4 to the application. Any person may also appear at 5 the hearing to present oral testimony. 6 6. Conditions. Reasonable and necessary 7 conditions shall be attached to all decisions to 8 adhere to the purposes of the Zoning Regulations. 9 7. Appeals. 10 A. Any aggrieved person may appeal a 11 decision on a project that required a pub- m�o x Coco 12 lic hearing. � om o0 Sod"� ° 13 B. Time to File Appeal. An appeal must u U Lt a-c8H'a oovM 14 be filed within ten days after the decision a:y��� 15 [in addition, there may be an appeal to the 16 Coastal Commission under Section 9120.4(1)]. 17 C. Filing. An appeal shall be filed 18 with the Department of Planning and Building 19 on a form provided by that Department. 20 D. Public Hearing. A public hearing on 21 an appeal shall be held within thirty days 22 after the Department of Planning and Building 23 receives a completed appeal form. 24 E. Public Notice. A notice of the pub- j25 lic hearing on the appeal shall be mailed by 26 the Department of Planning and Building to 27 the applicant and any known aggrieved person 28 not less than ten days prior to the hearing. L.oc W7m N -cc m ym� Cm mo RomC. u mOra U ¢$mym g3mm J ill 2 3 4 5 6 7 81 9 10 1I 12 13 14 15 16 17 18 19 20 21 25 i 26 28 Such notice shall contain the same information as the original notice except that it shall also give the appellant's name and state that the hearing is an appeal. F. Jurisdiction on Appeal. The Plan- ning Commission shall have jurisdiction on appeals from decisions of the Zoning Adminis- trator and the City Council shall have juris- diction on appeals from the Planning Commis- sion. G. Limitation on Appeals. Except for appeals to the Coastal Commission for pro- jects located seaward of the appealable area boundary and appeals to the City Council of local coastal development permits on develop- ments regulated under the City's Oil Code, there shall be no further appeals after a decision on appeal. a. Findings. All decisions on appeal shall be based upon the same findings of fact required in the original proceeding. I. Fees. A fee shall be charged for filing an appeal as established by Council resolution; provided that no fee shall be charged for the filing of an appeal by an aggrieved person other than the applicant, and no fee shall be charged for filing an appeal in connection with a local coastal N - 12 - N V O m romp cm v° m 3To Y O p•CO 10 Coco EO aJ c 9N 3:0 mi Mc m mOto O 81.L a a:I W O cn) rn~ UFO J 2 3 4 I 10 14i 151' 16 17 18 19 20 211 24 25 �6 27 28 development permit. 8. Effective Date. All decisions shall be final after the time for filing an appeal has ex- pired if no appeal has been filed; or, if appealed, when the appeal is decided, provided that no de- cision shall be final until the required findings of fact have been adopted; except that decisions on local coastal development permits seaward of the appealable area boundary shall not be final until the procedures specified in Section 9120.4(1) are completed. 9. Limiting Resubmission. Whenever a re- quest under the provisions of this Section has been denied and such denial has become final, no new application for the same or similar request may be accepted within one year of the denial date, unless the Zoning Administrator finds that a sufficient change in circumstances has occurred to warrant a new application. 10. Continuing Jurisdiction. The Director of Planning and Building shall have continuing juris- diction over all permits issued under the provisions of this Section in order to monitor compliance with the provisions and conditions of approval. 11. Revocation of Permits. Except as other- wise provided, upon determination that there has been a violation of the conditions of any permit or approval provided by this Section, the Zoning L.99 WM - 13 - 11 2 3 4 5 G 7 III 91' 101 Vbm it m Ell 12 Y 0)p•`.D �m QO 13 3�,cdiU� 14 oom�d ¢a3m� 15 U�o 16 17 18 19 20 21 72 26 28 Administrator shall schedule a Alic hearing be- fore the City Council, Planning Commission or Zon- ing Administrator, whichever granted the permit, to determine if such permit or approval should be revoked. At such hearing, the Zoning Administra- tor shall present evidence of such violation. I£ the hearing body or hearing officer finds that the conditions have been violated and that the prop- erty owner has not made a good faith effort to comply, the permit or approval shall be revoked. The property owner shall have the same right of appeal as would have been applicable if the in- itial application had been denied by the person or body granting the permit. 12. Expiration of permits. Except as other- wise provided in the conditions of approval, every right or privilege authorized under this Section shall terminate one year after the granting of the request if such right or privilege has not been exercised in good faith within that year. Such 1 termination will take effect without further City action if a timely request for extension of time has not been made or is denied. Any interruption or cessation that is beyond the control of the property owner shall not result in the termination 1 of such right or privilege. Upon written request received prior to the ex- piration of the permit, a one year extension of such - 14 - i 1 2 3 4 5 6 7 8 9 N mAo m dim c Imo mom �o aJ c °pj _>o y wopo O U X mI3 oil UMo J 10 11 12 13 14 15 16 17 18 19 20 21i 26 27 28 • right or privilege may be granted by the City Coun- cil, Planning Commission or Zoning Administrator, whichever granted the permit. Such request may be granted upon a finding that no substantial change of circumstances has occurred and that such exten- sion would not be detrimental to the purpose of the Zoning Regulations. Notice of hearing on the requested extension shall be given to any person determined by the Zoning Administrator to have been aggrieved at the original hearing. 13. Amendments to Permits. A permit or other zoning exception may be amended at a pub- lic hearing. Notice of hearing on the requested amendment shall be given to any person determined by the Zoning Administrator to have been aggrieved at the original hearing. Such amendment may be approved if it is found that: A. It will be in furtherance of the pur- poses of the Zoning Regulations; and B. It will not significantly alter the approved action. An amendment will be considered not more than thirty days after receipt of a written re- quest by the applicable body which granted the approval, be it the City Council, Planning Com- mission or Zoning Administrator, and they may approve or deny the proposed amendment. 14. Statute of Limitations. Any legal - 15 - �•so iv oei �� � i action or proceeding to attack, review, set aside, 2 void or annul any decision of matter or proceed- 3 ings provided in this Part shall be commenced with- 4 in thirty days after the decision becomes final; 5 except that legal action on developments in the 6 coastal zone taken under the provisions of Divi- 7 sion 20, Chapter 91 Section 30000 et seq., of the I 8 Public Resources Code shall be commenced within 9 sixty days after the decision becomes final. ! 10 i Thereafter, all persons are barred from bringing �Em 11 such action or proceeding or from raising any issue xao`� 12 of invalidity or unreasonableness of such decision. room T c-� 13 No person shall maintain such legal action until he 3 °0U Mo = 14 has exhausted all administrative remedies. oomAd ¢Q3mm I �- 15 15. Processing Fees. Processing fees, as Um o J 16 established by Council resolutions shall be 17 charged for any request for City action under the is procedures established by this Section. 19 (d) Rezoning and Ordinance Change Procedure. 20 1. Title, Purpose and Applicablity. The pro- 21 visions of this Subsection shall be known as the 22 Rezoning and Ordinance Change Procedure. The pur- 23 pose of these provisions is to prescribe the pro- 24 cedure to change the text of the Zoning Regulat- 25 ions or to rezone property. 25 2. Jurisdiction. The authority to change 2' the text of the Zoning Regulations or to rezone 28 property shall be solely that of the City Council. - 16 - Ewa �rve� I However, the City Council shall not act to change 2 the text of the Zoning Regulations or to rezone prop- 3 erty prior to receiving, pursuant to this Part, a 4 recommendation thereon from the Planning Commission. 5 3. Initiation. Authority to initiate a 6 change in the text of the Zoning Regulations or 7 to initiate a rezoning shall be vested in the City 8 Council (by minute order), in the Planning Com- 9 mission (by minute order) and in the Director of 10 Planning and Building (by transmittal to the Plan- $Em 11 ning Commission). Any owner of private property, mmo c03.5� 12 or his authorized agent, may initiate a rezoning ;9 om Ea a�=°0 13 coo of such property. oLo 0 0. 14 4. Timely Action. The Department of Planning y P mQ3mF 15 and Building shall take all necessary steps so that J 16 the Planning Commission may hear a proposal for a 17 change in the text of the Zoning Regulations or for 18 a rezoning within one hundred twenty days of the 19 receipt of a request from the City Council, the 20 Planning Commission, or from a private property 21 owner. Any proposal initiated by the Director of 22 Planning and Building shall be scheduled for Plan- 23 ning Commission hearing at the discretion of the 24 Director of Planning and Building. 25 (26 5. Public Notice. A. Change in the Text of the Zoning 27 Regulations. Notice for public hearings 28 before the Planning Commission on changes in - 17 - L•99 W 781 MI 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' IB 19 20 26 27 28 �_ • n the text of the Zoning Regulations shall be limited to mailing notice of the hearing, and all of the proposed changes, additions, modi- fications or deletions to all City libraries and to anyone requesting such notice. B. Rezoning. Public notice for a rezon- ing shall be provided as required under Sec- tion 9120.4(c)3. 6. Planning Commission Action. Within thirty days following a Planning Commission action to recommend a change in the text of the Zoning Regulations or a rezoning, that recommendation shall be transmitted by the Department of Planning and Building to the City Clerk for presentation to the City Council. Such recommendation shall give reasons for it and shall also disclose wheth- er the decision was concurred in by all the mem- bers of the Planning Commission in attendance at the hearing; and in the event the decision was not unanimous, the view of the minority members shall also be disclosed. Any action to deny a proposed change in the text of the Zoning Regula- tions or a rezoning request need not be trans- mitted unless such request was initiated by the City Council. A recommendation to deny a rezon- ing may be appealed to the City Council. 7. Council Action. Upon receipt of the recommendation of the Planning Commission for a - 18 - I _.2s (a+al 1 change in the text of the Zoning Regulations or 2 rezoning or notice of the appeal of a denial of 3 a rezoning, the City Clerk shall set a time for 4 consideration of the matter by the City Council. 5 The City Clerk shall notify the Planning Commis- 6 sion, through the Director of Planning and Build- 7 ing, and the property owner, where applicable, of 8 the date and time of such meeting. The Planning 9 Commission may delegate to the Director of Plan- 10 ning and Building authority to orally present the 11 Planning Commission recommendation. The decision d dm-- x 12 of the City Council shall be final except when an 8omEo aJmc='wo h 13 approved change in the text of the Zoning Regulations = a ci U c WO ne— fo 14 or a rezoning affects properties in the coastal ¢4M rn� 15 zone. Any action by the City Council which con- U�9 0 J i6 curs with the Planning Commission shall require a 17 simple majority of the Council members present. 18 Any action by the City Council which overrules a 19 Planning Commission recommendation shall require 20 a simple majority of the Councilmembers present 21 when considering changes in the text of the Zon- 22 ing Regulations, but shall require a two-thirds 23 majority of the full Council when considering a 24 rezoning of property. If the Council fails to 25 arrive at a decision, the proposal or request 26 shall automatically be continued to the next reg- 27 ularly scheduled Council meeting. The Failure of 28 the Council to reach a decision at the subsequent - 19 - L•99 u•7ei N L90 NCO Cm _� p Y C p'C tG 23 C�o� N �Om�'IU Ct pppmma ¢63m� OnJ 1 hearing shall be deemed an approval of the Plan- 2 ning Commission's recommendation. 3 when an approved change in the text of the 4 Zoning Regulations or a rezoning affects proper- 5 ties in the coastal zone, the change or rezoning 6 shall be transmitted to the Coastal Commission for 7 a determination of consistency with the certified 8 Local Coastal Program or an amendment thereto. 9 Such change in the text or rezoning shall not be 10 effective in the coastal zone until after Coastal 11 Commission approval. 12 8. Required Findings. In all cases the 13 Planning Commission and City Council shall be 14 required to make the following findings of fact 15 before rezoning a parcel: 16 A. The proposed change will not adverse- 17 ly affect the character, livability or approp- 18 riate development of the surrounding prop- 19 erties; and 20 S. The proposed change is consistent with 21 the goals, objectives and provisions of the 22 General Plan. , 23 (e) Variance Procedure. 24 1. The purpose of this Subsection is to pre- 25 scribe the procedure for relaxing provisions of 126 the Zoning Regulations, under specified conditions, 27 so that the public welfare is secured and substan- 28 tial justice done most nearly in accord with the I .so 41,741 - 20 - 1 intent and purpose of the Zoning Regulations. A 2 variance is a permanent grant of privilege that is 3 affixed to the land and shall be valid unless speci- 4 fically limited in the conditions of approval or 5 until amortized under the provisions of this Part. 6 2. Subject Matter. A variance shall grant 7 relief from specific development standards of the 6 Zoning Regulations within a district and shall be 9 known as a standards variance. Any modification 10 to the development standards of a special use per- 11 mit or modification permit shall require an appli- mmo ,M0 xCoaY 12 cation for a variance. 13 3. Jurisdiction. The Zoning Administrator 3'0M� 000OMZOMn 14 shall be the hearing officer for requests for stan- WQ3m �mc 15 dards variances and may approve, conditionally ap- 16 prove, or deny such requests. The Planning Com- 1'' mission shall be the appellate body for a stan- la dards variance and may sustain or overrule the 19 Zoning Administrator. 20 4. Timely Action. The Zoning Administrator 21 shall hold a public hearing on any request for a 22 standards variance in not less than thirty days �3 from the receipt of a complete application. 24 5. Public Notice. Notice of public hearing 25 e for a standards variance shall be provided as speci- 2G feed in Section 9120.4(c)3, except that mailed 2: notice is required only to all property owners 28 within one hundred feet of the lot(s) seeking a - 21 - 4.09 U19l1 N Sao MAO 75 pN, Jm am C7N m cUrc n ion �a3mm UFO J I _•00 14110 1 variance. 2 6. Findings Required. A variance may be 3 granted by the Zoning Administrator, or by the 4 Planning Commission on appeal, only if the follow- 5 ing findings of fact are made: 6 A. That strict compliance with the spec- 7 ified regulation would result in unnecessary 8 hardship inconsistent with the purposes of the 9 Zoning Regulations due to unique physical or 10 topographical circumstances or unique factors 11 of existing improvements; 12 B. That strict compliance with the 13 regulation would deprive the applicant of 14 substantial property rights enjoyed by own- 15 ers of similarly zoned property; 16 C. That the variance will not adversely 11 affect the character, livability, or appro- 18 priate development of abutting properties or 19 the surrounding area and will not be detrimen- Z0 tal to the public welfare or be contrary to 21 adopted plans or development policy; 22 D. That the variance will not constit- 23 ute a grant of special privilege inconsistent 24 with limitations imposed on similarly zoned 25 properties or inconsistent with the purposes 26 of the Zoning Regulations; and 12 E. That in the coastal zone, the var- 28 iance will not adversely affect access to or -22- N c=iam moo cm d°'m 70•mo Y O c0 LJCO m mOto OmL n MOM mO~ UMo J 1 along the shoreline, including physical, 2 visual or psychological qualities of access 3 and will carry out the Local Coastal Program. 4 7. Action. In addition to the actions pro- s vided for in Section 9120.4(c)41 the Zoning Admin- 6 istrator may also refer a standards variance appli- 7 cation to the Planning Commission for consideration 8 without taking any action thereon. In such cases 9 the hearing before the Planning Commission shall 10 be held within ninety days after the application 11 is filed. 12 (f) Conditional Use Permit. 13 1. Intent. Certain types of land uses, 14 referred to in this Part as conditional uses, 15 are hereby declared to possess distinct character- 16 istics which require individual review and apprai- 17 sal by the Planning Commission in order to deter- 18 mine whether the particular use in the proposed 19 location, when considered in relation to the pur- 20 poses of the Zoning Regulations, will properly 21 relate to and be compatible with other land uses 22 in the vicinity. 23 It is the intent of this Subsection to estab- 24 lish a procedure whereby the Planning Commission 25 may issue a conditional use permit if such use will �26 be beneficial to the public health, safety and wel- 27 fare and will carry out the purposes of the Zoning 2811 Regulations. - 23 - N Uam d C�tD Y FOC� 7 OD p0 �J G,_n N 3oe"i�"m y mOt o 06 ¢UO3 w U o J 2 3 4 5 6 7 �-31 oil 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 125 27 28 2. Application. The right to apply for a conditional use permit shall be limited to prop- erty owners or their agents for property located in a use district for which the Zoning Regulations have specified conditional uses. An application for a conditional use permit shall be limited to those conditional uses specified for the applic- able District in the Zoning Regulations. 3. Jurisdiction. An application for a Condi- tional Use Permit shall be considered by the Plan- ning Commission. The Zoning Administrator, upon acceptance of a complete application, shall set the matter for public hearing within ninety days. 4. Criteria to Granting. The Planning Commission, or City Council on appeal, may grant a conditional use permit when it makes findings on all of the following criteria: A. The proposed plan for the use com- plies with all applicable development stan- dards for the conditional use in that dis- trict; if the request has also been noticed as a standards variance, the findings required in Section 9120.4(e)6 shall also be made; B. The proposed use at the particular location is desirable to provide a service or facility which will contribute to the general well-being of the neighborhood, community or the City at large; — 24 — 1 C. The proposed use will not be detri- ' 2 mental to the public health, safety or gen- 3 eral welfare of persons residing or working 4 in the vicinity or be injurious to property 5 or improvements in the vicinity; 6 D. Establishment of the proposed use 7 will not impede normal and orderly develop- 8 ment and improvement of surrounding property 9 for uses permitted in the District, and is 10 proper in relation to adjacent uses and to �•po 11 the development of the community. =m;,o 12 E. The use will carry out the intent x mo•�� ro om oo 13 of the zoning for that District and the var- v=="ott 14 ious elements of the General Plan including oo"ma 15 the Local Coastal Program. UMo J 16 F. Adequate utilities, access roads, 17 drainage, landscaping and necessary faci- 18 lities exist or will be provided to serve 19 the proposed use; and 20 G. The special conditions for the con- 21 ditional use shall be complied with and var- 22 iance from those conditions will not conflict 23 with the other findings of fact required by 24 the Criteria to Granting. 25 1 (g) Special Setback Line Procedures. 26 1. Purpose. Certain unmarked lines across 27 property, designated as special setback lines, 28 may be established by ordinance as provided and 8 - 25- �•sa ��•on I� � 1 2 3 4 51 6 7 8 9 101 $9m 11 12 5f95 ma 's rno•-m om oc J;=2 13 $E �= 14' sa�dd 15 UCH o 17 18 19 20 21 22 23 24 25 i 26 V 28 regulated in this Part. The purpose of establish- ing a special setback line is to provide for open space of uniform depth on such property between the building and the street lot line, independent of and superseding the requirement of the particu- lar district as to depth of yard, thereby adjust- ing the District requirements to local conditions and neighborhood standards and practices. 2. Effect. Whenever a special setback line 1 is established pursuant to these regulations, the setback area shall be deemed to be a required yard. The special setback line and setback area shall supersede the otherwise applicable yard requirements for the District. 3. Procedure. The procedure for establishing or changing a setback line may be initiated by a properly prepared petition filed by interested prop- erty owners, by action of the Planning Commission, or by action of the City Council requesting a recom- mendation and report from the Planning Commission. If initiated by petitions such petition shall not be accepted for filing unless it is signed by the owners of at least fifty percent of the affected frontage. Not less than one block face shall be considered in any action to establish or change a setback line. The procedures, except appeals, established for rezoning shall apply to establish- ing or changing a setback line. - 26 - 1 4. Action by the Commission. After com- .2 pleting its investigation and after holding the 3 required public hearing, the Commission shall file 4 with the City Council a written recommendation and 5 report thereon recommending approval or denial in 6 whole or in part, or recommending an alternate 7 special setback line; provided, however, that the 8 Commission may not recommend the establishment or 9 change of any special setback line on any prop- 10 erty not included or proposed in the original 11 action or petition. 5m;,o 12 5. Action by the Council. Within thirty Y C p•CD tp OCm DO a';=n 13 days after receipt of the Planning Commission's 00 ya— o nEyU= 14 recommendation, the City Council shall act upon dym �°3a Tm I 15 such recommendation. The establishment or change U�c 16 of a special setback line by the City Council 17 shall be by ordinance. 18 6. Recordation of Setbacks. Notation shall 19 be made on the section map of every setback line 20 established by ordinance and of every change in 21 any established setback line. 22 7. No Variance. Once a special setback line �3 is established by ordinance, no variance therefrom 24 shall be granted. �5 8. Nonconformities. Whenever a structure 26 was erected prior to the establishment of a special 27 setback and projects into a required yard area 28 established by that special setback, it shall be -27- 499 44178 1 considered nonconforming subject to the provisions 2 of this Part relating to nonconformities, except: 3 A. Vertical additions to the nonconform- 4 ing portions of the structure are permitted 5 within the height limit applicable to the 6 district; and 7 B. Existing fences exceeding three feet 8 in height, when located in a setback adjacent 9 to a side or rear lot line, may be replaced 10 with a fence up to six feet six inches in �?m 11 height. Otag 0 MG =_m;,o 12 9. Permitted structures. The following Y C o'C� n �o om 13 structures only shall be permitted in, over or o 4) � do gay;$ 14 under established setback areas, except as pro- .9 15 vided above: 16 A. A fence, planter, porch, patio, 17 deck, or wall not more than three feet in 18 height; 19 B. A roof eave, balcony, oriel window 20 or similar projection provided such projec- 21 tion is not less than eight feet above the 22 ground at the lowest point between the pro- 23 perty line and the structure and provided 24 that it does not project more than four feet 25 beyond the setback line; and 126 C. on -premises or off -premises signs as 27 regulated by this Part. 28 (h) Classification of Uses. - 28 - ..•i9 1�)�1 I 1 1. Purpose. In developing and adopting the 2 Zoning Regulations, the City Council has recognized 3 and established that certain use characteristics 4 are comparable, compatible or similar to other uses 5 set forth in this Part. Therefore, the City Coun- 6 cil has established a general character and type 7 of land use classification permitted for each of 8 the various use districts. Because it is not 9 possible to enumerate and classify every use to 10 which land may be devoted, either now or in the 11 future, because ambiguities and uncertainties may m>m� sm;�o s oV9 12 occur with reference to the appropriate and consis- mom6o °:'b 13 tent classification of any use, and because dis- t ac�iU a= °u= 14 agreements maI' occur as to whether a proposal is 00y MC ¢¢3m.R ��0 15 consistent with the applicable use restrictions or 16 development standards, this classification of uses 17 procedure is established. 18 2. Application. Any person desiring to 19 ascertain the proper zone in which a use may be 20 located or desiring to contest a determination as 21 to whether an application complies with the provi- 22 sions of the applicable district shall file an 23 application for classification of use. 24 3. Jurisdiction. An application for classi- 25 fication of use shall be considered by the Zoning 26 Administrator. 27 4. Timely Action. The Zoning Administrator 28 shall hold a public hearing on any request for - 29 - N �mmW� Y m 3 mfD A pm QO =0 m m0_tm U o 1 rA 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 67 2B classification of use within thiarly days of receipt of a complete application. S. Notice. Notice of -public hearing for actions classifying uses shall be provided as speci- fied in section 9120.4(d)5A (Notice For Change in Text of Zoning Regulations) and shall be mailed to the applicant not less than ten days prior to the hearing. 6. Findings Required. A use shall be deter- mined to be a permitted use in a zone if it is found that: A. Permitting the use in the zone will carry out the intent of the zone; B. Permitting the use in the zone will carry out the General Plan, including the Local Coastal Program when applicable; C. The use is not a use specifically listed as a permitted, conditional, or pro- hibited use in another zone generally con- sidered to be less restrictive than the zone under consideration; and D. The use is similar in scale, inten- sity of use and environmental impacts to uses permitted in the zone under consideration. 7. Action. The Zoning Administrator shall determine if the use should be a permitted use in the zone under consideration; or in the case of a dispute over the application of a zoning regulation, - 30 - •*0 „17u 1 the correct application shall be specified. 2 8. Notice of Action. The Zoning Administra- 3 for shall make a written summary of the action. 4 A. If the action is to classify a use 5 to a zone, the summary shall include the re- 6 quired findings and shall be transmitted to 7 the Director of Planning and Building, the 8 Planning Commission, the applicant, any per- 9 son requesting such notification and, when 10 the zone under consideration is located in .Co 11 the coastal zone, the Coastal Commission, as m Ao v>m^ cm��o .r o,o•�m 12 a notice of the action. �oo]oo a,3c=uOi 13 B. If the action is to interpret a pro- 3oUU0 �> C ac°ter oymy 14 vision of the Zoning Regulations, the summary �8M 15 shall include the reason for it and shall be m Vmo J 16 mailed to the applicant as a notice of the 17 action. 18 9. Effective Date of Action. The action on 19 the determination classifying a use shall be 20 effective at the conclusion of the thirtieth day 21 after decision unless: 22 A. It is appealed; 23 B. If notices of action were not trans- 24 mitted within ten days of the action, then j25 the action shall not be effective until twenty 26 days after transmittal; 27 C. There is a request by the Director 28 of Planning and Building or the Planning - 31 - _•99 14,701 1 Commission for consideration by the planning 2 Commission; or 3 D. When a zone under consideration for 4 use classification is located in the coastal 5 zone and the Zoning Administrator receives G notice from the Executive Director of the 7 Coastal Commission that the notice was not 8 received by the Coastal Commission at least 9 fourteen days prior to the effective date or 10 was incomplete or inadequate or was deter- li mined to constitute an amendment to the Local ='m d° em 12 Coastal Program. x rno�� a�=T 13 10. Effect of Determination. After the 3oOn 14 effective date, a determination to classify a use oo�mn ¢a3md � 15 in a zone shall thereafter apply to all other rn 16 requests to establish that use in that zone. 17 11. Publication. A current list of all uses 18 classified pursuant to this subsection shall be 19 maintained in the Department of Planning and Build- 20 ing and made available for public review. 21 (i) Planned Development. 22 1. Intent. A Planned Development (PD) Dis- 23 trict is created to establish development 24 policies and controls for areas of the City which 25 may be developed under a flexible plan which per- 1215 mits compatible mixing of land uses and housing 27 styles not otherwise possible under conventional 28 zoning controls. some of the purposes of the -32- �•99 I��fl • 1 0 1 Planned Development District are to foster a var- 2 iety of housing styles and densities, planned com- 3 mercial areas, and/or business and industrial park 4 uses. The PD District also seeks to ensure com- 5 patibility between those areas yet to be developed 6 and the established uses in the surrounding areas. 7 2. Exceptions from Lot Size Requirements. 8 In order to further the purpose of this Part, 9 properties within the PD District may deviate 10 from standards pertaining to minimum lot size and N Ago 11 frontage. 12 s rno�� 3. Types of Planned Developments. For maxi- mocm00 a� c _M 13 3 „8i mum flexibility, two types of planned development WO et 14 08 a procedures are established as set forth below: CCU 02 15 A. Planned Development, Specific Plan Imo f 16 (PD-1). 17 (1) Intent. To provide for maxi- 18 mum flexibility and public guidance for 19 the implementation of community plans. 20 (2) Qualifying Standard. In order 21 to qualify for Planned Development, 22 Specific Plan (PD-1) District classifica- 23 tion, the property involved must be an 24 area for which a specific land use plan 25 has been adopted as part of the General 26 Plan; 27 (3) Establishment. In order to 28 establish a PD-1 District classification -33- '.99 14,79t 11 2 3 4 5 6 7 S 9I 10 �bm 11 c_m Ao 12 :YCp CtO N om �O 13 = y66 14 OYUyVL N b Q 15 U�J 16 17 18 19 20 24 25 126 27 26 the following actions must be taken: (aa) A specific land use plan indicating goals, objectives, land uses, population densities, resi- dential housing types, circulation routes, open space requirements and general use and development stan- dards shall be prepared; (bb) The Planning Commission shall review and hold a public hear- ing on such plans and standards as an amendment to the General Plan according to the procedures of the State Planning Act; in addition, the proposed Planned Development District designation shall be re- viewed as a rezoning matter pur- suant to the procedures of this Part; (cc) The City Council shall review and act upon such plans and standards as an amendment to the General Plan and upon the proposed Planned Development designation as a rezoning, and (dd) If the City Council approves a change of classification to the PD-1 District, general dev- elopment and use standards shall be -34- 4iY 14,70) - -- • 1 adopted as the applicable land use 2 regulations. Copies of the general 3 development and use standards shall 4 be available in the Department of 5 Planning and Building for distribu- 6 tion to the public. 7 (4) Development Permission. The 8 following procedure is established to 9 assure that all development in the PD-1 10 District shall comply with the intent and $?m 11 provisions of the adopted Specific Plan: 12 (aa) Preliminary Plan. An YO p•C� `a cw �o a-�tm 13 application shall be filed for pre- r�.�Uc oo��a 14 liminary plan review and shall in- ¢a3m 15 clude a preliminary site plan which Umo - 16 must be approved by the Planning 17 Commission. The Planning Commission 18 may approve the preliminary plan if 19 it finds: 20 That the plan complies 21 with the applicable general 22 development and use standards; �3 That the plan represents 24 a development in harmony with- k5 in itself and with adjacent 26 areas; and 27 That the plan is consis- 28 tent with and carries out the - 35 - w wve, N O mAo Cm NOi0 Mamoo n..+ c =00 OW eo of ML a sQ3md �o J III 8I9 to 11 12 13 14 15 16 17 18 19 20 25 26 27 28 0 General Plan or any applicable Specific P-lan, including the Local Coastal Program. A preliminary plan shall expire one year after its approval if a final plan is not subbmitted within that period, unless the Planning Commission grants an extension not to exceed an additional six months. The Planning Commission may attach conditions to preliminary site plan approval if it is deemed necessary for compliance with the specific plan. (bb) Final Plan. In the PD-1 District, no construction or develop- ment shall be permitted until a final plan for a proposed development is approved by the Planning Commission and a planned development permit is issued. A tentative subdivision map, if required, shall be submitted prior to or with a final plan action. If the Planning Commis- sion finds that"the final plan is in substantial compliance with the previously approved preliminary plan, it shall approve said final I! -36- I ' I plan, with conditions if necessary. 2 Subsequent to the approval of the 3 final plan, the Planning Commission 4 may permit minor modifications to 5 the approved final plan. 6 (cc) Filing a Combined Pre- 7 liminary and Final Plan. A COM- B bined preliminary and final plan 9 may be filed if any one of the 10 following conditions apply: �Em 11 The subject area is less mmo d>rn^ -sw 12 than five contiguous acres in .Y TO 219 mom_o 13 size; C o VU c °r0 a �y oa 14 Less than twenty percent cc 0 0 15 of the subject area is to be U�o J 16 developed with structures; or 17 The proposed development 18 is in accord with a previously 19 approved final plan which has 20 expired. 21 (dd) Failure to Utilize Plan- 22 ned Development Permit. A planned �3 development permit shall expire 24 three years after its approval if B construction thereunder is not com- 26 menced and diligently pursued with- 27 in that period. 26 (ee) Exemptions. The following -37- III FA 3 4 5 G 7 191 9 10 11 12 13 14 15 1G, 18 19 20 22 23 24 126 28 ! • development proposals shall be exempt from public hearing for plan plan review provided they conform to the specific Plan and the General Use and Development Standards: Construction of five or less single family detached dwelling units; and Additions to commercial, industrial or institutional uses not to exceed one hun- dred percent of the existing gross floor area or ten thousand square feet, which- ever is less. B. Planned Development, Unified Develop- ment Program (PD-2). (1) Intent. This District is es- tablished to provide for the maximum unity and coordination in private dev- elopment concepts and to encourage the highest quality in private development planning. (2) Qualifying Standards. In order to qualify for a PD-2 District classi- fication, the property involved must: (as) Contain not less than forty thousand square feet; or - 38 - I (bb) Be located in an area 2 bounded on all sides by public 3 rights -of -way or other public 4 property. 5 (3) Establishment. in order to G establish a PD-2 District classification, 7 the following action must be taken: 8 (aa) A specific development 9 plan shall be submitted to the 10 Director of Planning and Building 11 containing all the use and develop- s ^ =m3Rrno 12 ments standards that are typically s rno•,R_O L Cgm ate;°� 13 'provided in the applicable use e t'U co°�Q 14 district; Cr am �- 15 (bb) The Director of Planning 16 and Building shall thereafter initiate 17 proceedings established in this Part 18 for rezoning; 19 (cc) If the specific develop- 20 ment plan is designated as a PD-2 21 District, use and development stan- 22 dards approved by the City Council 23 shall serve as the applicable zon- 24 ing regulations. 125 (4) Development Permission. After 2' the PD-2 designation, development permi- 27 ssion shall be granted by the ministerial 28 review of building permit applications - 39 - L•C9 1✓1!1 0 ' 1 by the Director of Planning and Building 2 for conformance with the adopted use and 3 development standards. Any variance in 4 use from the adopted development plan 5 shall be by a rezoning and plan amendment; 6 any variance in standards from the adopt- 7 ed plan shall be by the standards variance 8 procedure provided in this Part. 9 4. Reliance on Zoning Regulations. Where the 10 general or specific development and use standards �Em 11 do not contain a provision relating to an aspect m , 12 of a proposed development, the applicable provi- x mo-"� to 13 sion of the Zoning Regulations shall apply. 300.80 C �i0 0 c 14 (j) Incentive Zoning. ¢N�� 15 1. Intent. The intent of this procedure is U�o J 16 to establish a system of incentives to preferred 17 development standards whereby density bonuses will 18 be granted for residential projects in exchange 19 for added development amenities or for providing 20 affordable housing. 21 2. Qualifying Standards. In order to qualify 22 for density incentives, the property involved must 23 comply with the requirements specified in Section 24 9120.8(b) for the applicable district. 25 3. Establishment. Development incentives 126 are included for some geographical areas in the 27 Land Use Element of the General Plan and are 28 established by that Plan. The minimum amenities - 40 - L-99 la•7e1 I 1 required in exchange for the density bonus incen- 2 tives are established for each use district in 3 the applicable sections of the Zoning Regulations. 4 4. Development Permission. Permission to 5 build according to the density incentives pro- 6 vided in the Land Use Element of the General Plan 7 shall be granted only after site plan review pur- 8 suant to Section 9120.4(k) and only if the Plan- 9 ning Commission finds that the proposal is com- 10 patible with the surrounding uses. The Planning 11 Commission shall have the discretion to grant S rno.m 12 density bonuses, and their judgment shall be 73c80 -_,nS 13 guided b the extent to which the proposed amen- 4 Y 300WO y 0Oto aEy�t 14 ities will benefit or contribute to the neighbor- s a: W- : 15 hood or to the City. mq 16 (k) Site Plan Review. 17 1. Intent. Site plan review procedures are 18 instituted to assure the highest quality of land 19 planning for individual projects and to assure 20 that all projects that engender significant public 21 interest are designed to conform to the public in- 22 terest. Site Plan Review is also intended to pro- �3 vide public policy input and citizen participation 24 in authorizations for incentive zoning density 125 bonuses. 26 2. Application. The following projects shall 27 require site plan review prior to the issuance of a 28 building or grading permit: - 41 - Pu w7ai N �Cf7 mAa Cma�o Imo s C m•CtD p mm �a m moto 001MCL ¢<mm U�o J 1 A. Residential projects with one or 2 more of the following characteristics: 3 (1) Projects of fifty or more 4 units; 5 (2) Projects of sixty or more 6 units per acre; 7 • (3) Projects fifty-five feet or 8 more in height; or 9 (4) Projects applying for incen- 10 tive zoning bonuses. 11 B. Commercial projects with one or 12 more of the following characteristics: 13 (1) Projects with twenty thou- 14 sand or more square feet of gross floor 15 or lot area; 16 (2) Projects with buildings forty- i 17 five feet or more in height or one hun- 18 dred fifty feet or more in length; or 19 (3) Projects with new construction 20 or building additions of two thousand 21 five hundred square feet or more in the 22 central business (CB) District. 23 C. Industrial projects with one or more 24 of the following characteristics: 25 (1) Projects with fifty thousand or i 1 more square feet of gross floor or lot 17 area; or 28 (2) Projects with buildings or -42- _ dv W ru I structures forty-five feet or more in 2 height or two hundred feet or more in 31 length. 4 D. Public assembly or use projects with 5 one or more of the following characteristics: G (1) Projects with fifty thousand or more square feet of gross flo6r or 8 lot area; 9 (2) Projects with seating capacity i 10 in a single assembly area or in a complex 090 11 of assembly areas greater than five hun- mmo d>m— =m;,o x rno•�m 12 dred persons; °j; 13 (3) Projects with a building or r0c0iU0 g 14 buildings forty-five feet or more in OO�A� m;o3io~ 15 height or over one hundred fifty feet _ Umo J 16 in length; or 1' (4) Projects on City land other 18 than roadway maintenance and improve- 19 ments and utility maintenance and im- 20 provements. 21 3. Jurisdiction. An application for site 22 plan review, when authorization for incentive 23 zoning density bonuses is included, shall be con- 24 sidered by the Planning Commission. An applica- j`5 tion for site plan review, when incentive zoning 25 density bonuses is not included, shall be con- 2' sidered by the Site Plan Review Committee. The 28 Site Plan Review Committee shall consist of the - 43- �•o0 1✓sei N moa Cm m°'ic o s way ay ? � om o0 °•^' a =u°'i ra QU0 „mono oo"na m4�+ Um� I 2 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 22 23 24 126 M_ i • Director of Planning and Building, the Superin- tendent of Building and Safety, and one Planning officer. Action on site plan review shall be taken within sixty days after acceptance of a completed application when incentive zoning density bonuses are requested, otherwise within fifteen days. 4. Authority. A. The Planning Commission shall have authority to approve or deny a site plan or to approve the site plan with conditions, provided such conditions are limited to: (1) Changes in the layout and site plan of the proposed project; (2) Changes in the exterior design of the proposed project; (3) 'Changes in the landscaping of the proposed project; (4) Changes in the open space and recreational facilities of the proposed project; and (5) Changes in the number of dwelling units between the maximum den- sity provided as the "P" density on the Land Use Element of the General Plan, and the density permitted on the site by the zoning Regulations. B. The Site Plan Review Committee shall have authority to require technical design - 44- I L.w weu • 2 3 4 5 6 7 10 d° em :srnoc� 12 mom-o 13, 3amf0m t r�U c oo°�L 14 a ¢Zm mm �o 15 UM J 16 171 26 27 m modifications to the proposed design, pro- vided the modifications are limited to: (3) Changes in the layout and site plan of the proposed project; (2) Changes in the exterior design of the proposed project; (3) Changes in the landscaping of the proposed project; and (4) Changes in the open space and recreational facilities of the pro- posed project. C. The Site Plan Review Committee shall refer to the Planning Commission for noticed public hearing any site plan which has engen- dered significant public controversy or com- ment. In addition, other site plans shall be referred to the Planning Commission pursuant to guidelines established by the Commission. Any site plan review referred to the Planning Commission, without other action by the Site Plan Review Committee, shall be reviewed by the Commission using the procedures establish- ed for site plan review with incentive zoning density bonuses, except that the authority of the Commission in this regard shall be limited to that of the Site Plan Review Committee. (1) Local Coastal Development Procedures. 1. Intent. Coastal development procedures '_49 W701 - 45 - 1 2 3 4 51 6 7 B 9I 10 11 12 13 14 15 16 17 is 19 20 25 126 27 2B • are established to insure that all puulic and private development in the coastal zone of Long Beach is con- sistent with the City's certified Local Coastal Plan. 2. Application. In addition to any other permits or approvals required by the City, a local coastal development permit shall be required prior to commencement of any development in the coastal zone of the City, except: (A) Developments on tidelands or sub- merged lands, which require a permit from the Coastal Commission; (B) Developments determined to be cat- egorically excluded according to the categor- ies and standards established by the Coastal Commission; and (C) Developments determined to be ex- cluded from the coastal permit requirements as established in Division 20, Section 30610 of the Public Resources Code. The types of projects so excluded are summarized to be: (1) Improvements to existing single family dwellings; except: addi- tions of more than ten percent of the internal floor area of the structure, or of an additional story or loft, on prop- erties that abut or are adjacent to the inland extent of any beach or abut or are adjacent to the tidelands boundary -46- _4a (.•vep I as recognized by the City and State (see 2 Chapter 6, Subchapter 6, Section 13250 3 of the California Administrative Code, 4 and Division 20, Chapter 7, Section 5 30610(a) of the Public Resources Code); 6 (2) Improvements to existing struc- 7 tures, other than single family dwellings 8 and public works facilities; except: 9 additions of more than ten percent of 10 the area of the structure, or of an addi- �Em 11 tional story or loft, or of an improve- d 12 ment that changes the intensity of use cm5mo ,;OcmE6 ,�omoo S 13 of the structure, or of an improvement 3OVV0 M�- 14 related to a conversion from multiple 0o roa ¢M 15 unit rental use or commercial visitor U�o 1 16 serving use to a use involving fee owner- 17 ship or long term leasehold, or on any 18 properties that abut or are adjacent to 19 the inland extent of any beach or abut 20 or are adjacent to the tidelands boundary 21 as recognized by the City and State (see 22 Chapter 6, Subchapter 7.5, Section 13253 23 of the California Administrative Code); 24 (3) Repair or maintenance acti- ?5 vities that do not result in an addition 26 to or an enlargement or expansion of the 27 object being repaired or maintained; ex- 28 cept: repair and maintenance of a seawall, - 47 - L •99 1119 �1 y'� N U9m W ICO Gm W �tG o10.�m em �jcOUdl m a10=a C x VG ONM Cr J ! 0 �. 1 revetment, bluff retaining wall, break- I . 2 water, groin, or similar shoreline work' I( 3 where this is a substantial alteration of 4 the foundation; where there is placement 5 of solid material on a beach, coastal 6 waters, streams, wetlands, estuaries or 7 shoreline protective work; where there is 8 replacement of twenty percent or more of 9 the material of the existing structure 10 with material of a different kind, where 11 there is placement of mechanized equipment 12 or construction material on any sand area, 13 bluff or within twenty feet of any coastal 14 waters; and where there is replacement of 15 fifty percent or more (see Division 20, 16 Chapter 71 Section 30610(a) of the Public 17 Resources Code and Chapter 6, Subchapter 7, 1a Section 13252 of the California Administra- 19 tive Code); and 20 (4) The installation, testing and 21 placement in service or the replacement of 22 any necessary utility connection between an 23 existing service facility and any approved 24 development (see Division 20, Chapter 7, } 25 Section 30610(e) of the Public 'Resources 126 Code). 27 3. Issuance of Local Coastal Development Per- 28 mits. The following procedures shall be required -48- 499 1*•9U I for local coastal development permits prior to the 2 issuance of such permit; provided that such permits 3 may be considered concurrently with or subsequent 4 to any procedures authorized by this Section or 5 the subdivision regulations of the City. 6 A. Jurisdiction. An application for a 7 local coastal development permit for a dev- 8 elopment requiring a tract map, parcel map, 9 lot line adjustment, conditional use permit 10 or planned development permit shall be con- 11 sidered by the Planning Commission. All � =mdvm;,o 12 other local coastal development permits shall x mo•�� MO �o °-�;gmn 13 be considered by the zoning Administrator. =b,c61iU� as°ter 14 B. Hearing Required. A public hearing o oy�d ¢amMM M Z.m= 15 shall be required prior to approval of a lo- V� 16 cal coastal development permit. 17 C. Findings Required. A local coastal 18 development permit shall be granted only upon 19 specific factual findings supporting the con- 20 clusion that: 21 (1) The proposed development con- 22 forms to the certified Local Coastal 23 Plan; and 24 (2) For all development.seaward of 125 the nearest public highway to the shore- 26 line: the proposed development conforms 27 to the public access and recreation 28 policies of Chapter 3 of the Coastal Act. -49- b4 u•vu M �goa� ono- Jm °m #O88P m�'ozo ooam� s<3mm 1 D. Date of Final Local Action. The 2 date when the appeal period on all local 3 actions on the development has expired with- 4 out a local appeal, or the date of action on 5 the local appeal(s), provided that no action 6 to approve shall become final without adop- 7 tion of the required findings of fact, or the 8 date when the City is notified by the appli- 9 cant that the application is approved by 10 operation of law pursuant to Sections 65950 - 11 65957.1 of the Government Code. 12 E. Notice of Final Local Action. With- 13 in seven calendar days of the date of the 14 final local action on a local coastal develop- 15 ment permit, a notice shall, be sent to the 16 Coastal Commission, and to any persons who 17 specifically request such notice by submitting 18 a self-addressed, stamped envelope. Such not- 19 ice shall include the written findings of fact 20 required to approve the local coastal develop- 21 ment permit and the conditions imposed on the 22 approval, if the permit is approved. Any 23 notice of final local action shall include 24 the procedures for appeal of the action to 25 r the Coastal Commission and an indication as 126 to whether the development is in an appealable 2% area. 28 F. Appeals to Coastal Commission. All -50-- "-ss W791 I actions on local coastal development permits 2 seaward of the appealable area boundary may 3 be appealed by any aggrieved person to the 4 Coastal Commission according to the procedu- 5 res of the Coastal Commission provided that: 6 (1) All local appeals of City 7 actions provided for by this Section 8 have been exhausted and no fee was 9 charged the appellant for such appeal; 10 and 11 (2) Any Coastal Commission appeal c-po 12 by two or more Coastal Commissioners, x rno"� a�mgg ro_� 13 when the local appeals of City actions �TUVC aE��L 14 provided for by this Section have not ood�d 15 been exhausted, shall constitute a local U�o - �' 16 appeal to the City for any local appeal 17 which has not been exhausted. Any 18 local action to modify or reverse the 19 appealed action shall require that a 20 new Coastal Commission appeal by two or 21 more Coastal Commissioners be filed in 22 order to constitute a complete Coastal 23 Commission appeal. 24 G. Determination That a Proposed Dev- j25 elopment is Seaward of the Appealable Area 26 Boundary. 27 (1) Jurisdiction. Determination 28 that a proposed development is seaward - 51 - •_ • 1 of the appealable area boundary shall` be made by the Zoning Administrator or 2 3 his designee. 4 (2) Means of Determination. Deter- s mination shall be made by locating the 6 development on the appealable area bound- 7 ary map certified as part of the local 8 coastal program. 9 (3) Appeal of Determination. Any 10 person may appeal the Zoning Adminis- �vm it trator's determination by requesting a m no m >o— �m 12 referral of the matter to the Executive Y Ol p�t0 N mac a'; S 13 Director of the Coastal Commission. If r TuU C oo°fir 14 the determination of the Executive Direc- CL MQ302 15 for of the Coastal Commission differs 16 from that of the Zoning Administrator, 17 then the matter shall be resolved by a is hearing before the Coastal Commission. 19 ff. Effective Date of a Local Coastal 20 Development Permit. A local coastal develop- 21 ment permit shall be effective as follows: 22 (1) Outside Appealable Area. On 23 final local action. 24 (2) Within Appealable Area. At 25 the conclusion of the twenty-first day P after final local action; unless: 27 (aa) It is appealed - then 28 the permit shall become effective - 52 - t _•a2 W761 .. ... 1 after action on the appeal by the 2 Coastal Commission; 3 (bb) Notice to the Coastal 4 Commission is not mailed by the 5 City within seven days after final 6 local action - then permit shall 7 become effective at the conclusion 8 of the.fourteenth day after a com- soo�ar 9 plete notice is mailed but not i#.arr 10 than at the conclusion of the twenty- o9m 11 first day after final local action; om5M ;crno�m 12 or A om �o °2 M2 13 (cc) The Coastal Commission DEo�t 14 notifies the City and the applicant 080MO6 �¢3mm 1 15 that notice was not received or dis- Umo f 16 tributed in a timely manner or that 17 the notice was not complete or does 18 not adequately describe the develop- 19 ment - then the permit becomes effec- 20 tive at the conclusion of the four- 21 teenth day after receipt of such a 22 notice from the Coastal Commission 23 or on the date specified by the 24 Coastal Commission. 25 i 4. Determination of a Categorically Ex- 26 cluded Development. 27 A. Jurisdiction. Determination that a 28 proposed development is categorically excluded -53- _•99 141991 .. .0 h i shall be made by the Zoning Administrator or 2 his designee. 3 B. Means of Determination. Determina- 4 tion that a proposed development is categor- y ically excluded shall be made by checking 6 the proposed development with the certified '• local coastal program including all maps, 8 land use designations, implementing zoning 9 regulations and guidelines for categorical to exclusion. �cm li C. No Local Coastal Development Permit mmo d ©coo 12 Hearing or Notice Required. No public hear- momEo 13 ing or notice shall be required for a develop- ;�uU� a=°ter 14 ment determined to be categorically excluded. oamma m¢3mm 15 D. Effect of Determination. All develop- Umo 16 ment determined to be categorically excluded 17 shall not require a local coastal development is permit. 19 E. Appeal of Determination. Any per- 20 son may appeal the Zoning Administrator's 21 determination by requesting a referral of 2 the matter to the Executive Director of the 23 Coastal Commission. If the determination of 24 the Executive Director of the Coastal Com- 25 mission differs from that of the Zoning Ad- 126 ministrator, then the matter shall be re- 2-7 solved by a hearing before the Coastal Com- 28 mission. -54- ri9 i�HU I i 1, ►► 0 _ 0 N UDm ttl N O Cm N�Ip Y O1OO OC mO a a_g=In =,00� y oo,� o 00 .a a: um m s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 125 26 27 28 F. Record Kept. A public record, in- cluding the applicant's name, the location and brief description of the development shall be kept for all developments deter- mined to be categorically excluded. G. Effective Date of Determination. A determination that a development is cate- gorically excluded shall be effective when made by the Zoning Administrator or his designee unless questions or objections are raised at that time. Sec. 4. That Ordinance No. C-3600 is further amended by amending Item (1) of Section 9120.9(c)4C to read as follows: (1) Residential use shall be limited to one unit per each eight hundred square feet of lot area, and shall comply with the standards of the nearest residen- tial district; except that: (aa) Residential use shall be limited to the second and third story except required residential parking; (bb) Commercial use on the first story shall not be less than four hundred fifty square feet, excluding commercial parking; (cc) Not less than fifty percent of the ground level front lot line on interior lots (or the parallel lot line on corner lots in the same district) shall be occupied by commercial uses, I •99 14,]91 - 55 - 0 �. '1 or not less than eighty percent of front street 2 lot line of interior lots (or the parallel lot 3 lines on corner lots in the same district) shall 4 be occupied by commercial uses, commercial park- s ing spaces, driveways, or lobby, stairwell or 6 elevator areas; and 7 (dd) Setbacks on the residential portion of 8 a building need not exceed the setbacks of the com- 9 mercial portion. 10 Apo 11 Sec. 5. That Ordinance No. C-3600 is further amended Sa500 12 by amending Subsection (b) of Section 9120.18 by adding thereto � om oa °-'A=ER 13 the definition of "Aggrieved Person," "Appealable Area," "Cate- =acmiU � ca°uQ 14 gorical Exclusion," "Coastal Zone," "Development," and "Public m¢3cm �,;- 15 Works Project" to read as follows: 16 Aggrieved Person_. Any person who testified per- 17 sonally or through a representative at a public hear- 18 ing or who informed the staff of the Zoning Division 19 of the Department of Planning and Building prior to a 20 hearing of an interest in the subject of a hearing; 21 or who, for good cause, was unable to do either. 22 Appealable Area. That portion of the coastal 23 zone seaward of the appealable area boundary as estab- 24 lished on a map adopted as part of the Long Beach 25 Coastal Program. 126 Categorical Exclusion. Those types of development 27 excluded from a coastal development permit requirement 28 pursuant to Public Resources Code Sections 30610(d) and - 56 - 0 0 N mAo vdm� s mo c6 Como c=N ar 3: 0 1 0 T:Voe0 DE �t moo�yd Q3md U�o 1 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 1C� 2( 2 24 125 26 27 28 Section 00130(c) and 00132(b) of the Local Coastal Pro- gram implementation Regulations. f Long Beach Coastal That area of the City o the Statutes of 1976 of as designated in Section 17 of the State of Californa, exclusive of the area of the Port of Long Beach as included in the Port of Long Beach Master Plan. never meet• This shall mean, on land in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged mat- erial or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extrac- tion of any materials; change in the density or inten- sity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (com- mencing with Section 66410 of the Government Code), and any other division of land, including lot splits, ex- cept where the land division is brought about in con- nection with the purchase of such land by a public agency for public recreational use; change in the in- tensity of use of water, or of access thereto; con- struction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber har- operations which are in accordance with a timber edly vesting plan submitted pursuant to the Z'berg- j - 57 - N 9 Cm a—�im�p YCpC� CL-j �mOto 0 0'" nLa ¢.-t3m o U 7O 11 2 3 4 5 6 7 g19 10 11 12 13 14 15 16 17 18 19 201 23 24 25 �26 27 28 0 0 Forest Practice Act of 1973 (commencing with Section 4511). As used in this Section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and elec- trical power transmission and distribution line. Public Storks Project. Any action undertaken by the City or under contract to the City to construct, alter, repair or maintain any City structure, utility or right-of-way including the erection of public signs, the painting or removing of street lines, parking space designations, or the painting or removing, paint from curbs. f i Sec. 6. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach, and it shall take effect on the 31st day after) its final passage. I hereby certify that the foregoing ordinance was adopted -by the City Council of the City of Long Beach at its meeting of , 1980, by the following vote: Ayes: Councilmembers: Noes: Councilmembers: 58 - 1 1. TO: FROM: SUBJECT: CALIFORNIA COASTAL COMMISSION 631 Howard Street, San Francisco 94105—(415) 543.8555 STATE COMMISSIONERS AND INTERESTED PARTIES JAMES W. BURNS, DEPUTY DIRECTOR FOR LAND USE GARY L. HOLLOWAY, LCP ADMINISTRATION LCP STATUS REPORT January 1, 1985 RECEIVED Y Planning Depa011t JAN 151985 "°' CITY DE ijeWFDRT BEACH, CALIF - This This quarterly status report is for the 67 county and city local coastal programs Ps) mandated by the Coastal Act of 1976. Each LCP consists of a land use plan LCPs) or Phase II) and implementation ordinances (Zoning or Phase III). Most local governments prepare these in two separate phases, but some are being prepared simultaneously as a total LCP. An LCP does not become final until both phases are certified, have been formally adopted by the local government, and are then "effectively certified" by the Commission. This means that the Commission concurs with the determination of the Executive Director that the LCP as adopted by the local governing body is rovisions of the t. Once effective certification lhas doccurred, the equate to tlocal the pgovernment assumes ocoastal astal cpermit- issuing authority. The Coastal Act allows local governments, with Coastal Commission approval, to divide their coastal zone into geographic segments, with a separate LCP prepared for each segment. For this reason, there are 123 LCPs being prepared, instead of 67. There is an interim procedure which allows for the transfer of permit authority, whereby local governments may take over coastal permit review responsibilities within 120 days after the LUP portion has been effectively certified. Current LCP Status To date, the Commission has reviewed and acted upon 104 land use plans (85% of the 123 LCP segments). Of these, the Commission has certified 730 and denied or certified with suggested modifications the other 31. Twenty-four of these LCPs or LUPs have portions or areas that are uncertified at this time, and are referred to as "white holes". The Commission has acted upon 65 implementation (zoning) submittals (or 53% of the 123 segments). Of these, 36 have been approved, and the remaining 29 either rejected or approved with suggested modifications. Unlike the LUP portion of the LCP, there will not be 123 different zoning portions, because most local governments will implement their LUP segments through a single zoning ordinance which covers their entire coastal geographic area. To date, 32 total LCP segments (26% of the 123) have been effectively certified and these local governments are now issuing coastal development permits. Also, local governments have assumed interim permit authority for an additional seven segments, and all of these have issued permits. AW i. -2- Permit Takeover Forecast Current estimates indicate that an additional 2 LCP segments will be effectively certified by April 1st, bringing the total number of LCP segments where local governments will be issuing coastal permits to 34, or 28% of the 123 segments. Projected LCP Submittal and Review Land Use Plan certifications and amendment reviews will continue to be a large portion of the Commission's LCP workload during the coming year, with an increasing number of Zoning submittals occupying the Commission's attention during 1985. Local Government Post -Certification Permit Activity The Commission, under both the Coastal Act and its federally approved program, has the responsibility to monitor and periodically evaluate local coastal permit activity. Local decisions made pursuant to an effectively certified LCP as well as decisions made by any jurisciction having interim permit authority are monitored in the Commission's Post -Certification Program. Maintaining information on all coastal permit applications processed by local governments aids in evaluating the effectiveness of the regulatory process in meeting the objectives and goals of the certified programs. Statistics on local decisions have been reported to the federal Office of Coastal Zone.Management on a_quarterly basis, beginning with the second quarter of 1982. The table below is a cumulative totar'of statewide local' coastal permit'anO appeal activity from April 1, 1982 through September 30, 1984. Permits # Appealable Appeals Approved To Commission To Commission 19329 912 24 TABLE LCP Status by -3- Jurisdiction (January 1, 1985) ZONING2 LAND USE PLAN CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND 1 JURISDICTION or PEND or CM CERT INTERIM PERMITS TOTAL or PEND or CM CERT ISSUING PERMITS TOTAL SUMMARY NORTH COAST 2 1 8 6 17 9 0 2 6 17 NORTH CENTRAL COAST 1 1 3 0 1 5 22 i 14 1• 3 0 0 3 5 5 22 CENTRAL COAST SOUTH CENTRAL COAST 2 0 6 0 13 13 1 14 5 0 0 9 14 SOUTH COAST 11 15 16 0 42 24 11 0 7 42 SAP! DIEGO COAST 3 8 12 0 23 5 14 2 2 23 15% 25% 53% 7% -- 47% 24% 3% 26% NORTH COAST AREA DEL NORTE COUNTY X+ COUNTY X+ HARBOR X X PT. ST. GEORGE X X CRESCENT CITY X X X McNAMARA-GILLISPIE X HUMBOLDT COUNTY NORTHCOAST X+ X TRINIDAD X+ X MCKINLEYVILLE X X HUMBOLDT BAY - EEL RIVER X X SOUTH COAST X+ X TRINIDAD (CITY) X X ARCATA X X EUREKA X X MENDOCINO COUNTY X X X+ FORT BRAGG X+ X POINT ARENA X NORTH CENTRAL COAST AREA— SONOMA COUNTY X X MARIN COUNTY X SOUTH (UNIT I) X NORTH (UNIT II) X+ X+ SAN FRAN CITY/CO. X • X OLYMPIC CLUB X X -TOTAL 1 1 3 0 -4- TABLE LCP Status by Jurisdiction (January 1, 1985) LAND USE PLAN ZONING2 CER7 & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND , or or INTERIM or or ISSUING CENTRAL COAST AREA SAN MATEO COUNTY X X DALY CITY X X PACIFICA X X HALF MOON BAY X X SANTA CRUZ COUNTY X X SANTA CRUZ (CITY) X+ X CAPITOLA X X WATSONVILLE X X MONTEREY COUNTY NORTH COUNTY X X DEL MONTE FOREST X+ X CARMEL AREA X+ X BIG SUR COAST X X MARINA X X SAND CITY X+ X+ SEASIDE X X MONTEREY (CITY) LAGUNA GRANDE X X DEL MONTE BEACH X X HARBOR/DOWNTOWN X X CANNERY ROW X X SKYLINE X X PACIFIC GROVE X X CARMEL (City) X+ X TOTAL 2 6 13 1 22 14 3 0 5 22 SOUTH CENTRAL SAN LUIS OBISPO COUNTY X+ X MORRO BAY X X PISMO BEACH X X GROVER CITY X X SANTA BARBARA COUNTY X+ X+ UCSB (LRDP) X X SANTA BARBARA (CITY) CITY X X AIRPORT X X CARPINTERIA X X -5- TABLE LCP Status by Jurisdiction (January 1, 1985) LAND USE PLAN CERT & ZONING2 EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND , or or _ INTERIM or or ISSUING -1.1n nu wrn• nrnUTTc arnT111 JUU I n UCIY I AmL. WnJ 1 VENTURA COUNTY X X SAN BUENAVENTURA X CITY X X HARBOR X OXNARD X+ X X PORT HUENEME X TOTAL 0 0 13 SOUTH COAST AREA LOS ANGELES COUNTY MALIBU/MOUNTAINS X MARINA DEL REY X STA. CATALINA IS. X CERRITOS WETLAND X LOS ANGELES (CITY) PACIFIC PALISADES X VENICE NORTH X VENICE OAKWOOD X VENICE CANALS X+ DEL REY LAGOON X+ AIRPORT DUNES X SAN PEDRO X SANTA MONICA X EL SEGUNDO X MANHATTAN BEACH X+ HERMOSA BEACH X REDONDO BEACH X+ TORRANCE X P.V. ESTATES X RANCHO P.V X LONG BEACH X AVALON X ORANGE COUNTY N/SUN. BEACH X N/SUN. AQ. PARK* X N/BOLSA CHICA* X N/STA ANA RIV.* X N/STA ANA HTS.* X N/NEW. DUNES* X IRVINE COAST X ALISO VIEJO X 1 14 5 • 0 0 9 14 X X X X X X X X+ X+ X X X X X X X X X X X X X X X X X X X -6- TABLE LCP Status'by Jurisdiction (January 1, 1965 LAND USE PLAN ZONING CERT & EFFECTIVE NONE DENY ISSUING NONE DENY CERT & AREA AND or or INTERIM or or ISSUING ..........w�.nul nrun nu nrnT nrnuTTc TnTAI nrkin rU PCOT OCOUTTC 'rnTAl ALISO CRK. REM. X X S/EM. ALLVIEW. X X S/SO. LAGUNA X X S/LAGUNA NIGUEL X X S/DANA POINT X X S/CAP. BCH. X X SEAL BEACH X X HUNTINGTON BEACH X+ X COSTA MESA X X NEWPORT BEACH X X IRVINE (CITY) X x LAGUNA BEACH X X SAN CLEMENTE X X __ TOTAL SAN DIEGO MWST-m SAN DIEGO COUNTY SAN DIEGUITO SOUTH BAY IS. OCEANSIDE CARLSBAD AGUA HED. MELLO I MELLO SI DEL MAR SAN DIEGO (CITY) NORTH CITY LA JOLLA PACIFIC BEACH MISSION BEACH MISSION BAY PENINSULA OCEAN BEACH CENTRE CITY BARRIO LOGAN OTAY MESA TIA JUANA R.Y. BORDER HIGH. CORONADO NATIONAL CITY CHULA VISTA 11 15 16 0 42 24 11 0 7 42 X X X X X+ X X X X x X x X X X+ X+ X+ X X+ X X x X X X+ X+ X X X+ X X X x x X X X X X x X X X X -7- TABLE NOTES 1. Table assumes a total of 123 LCP segments, and includes five Orange County segments that do not yet have official status. 2. "Zoning" means the Phase III Implementation Program. 3. LCP'status. There are four status categories for LUPs: NONE or PEND: NONE means no submittal yet. PEND means submittal filed and under Commission review (also includes LUPs that were withdrawn prior to Commission action).. DENY or CM: DENY means denied as submitted (no suggested modifications). CM means submittal denied and then certified with suggested modifications. CERT: Means certified as submitted or suggested modifications accepted by local government. Includes LUPs that were certified In part (i.e. geographic areas remain uncertified). May or may not be effectively certified per Commission regulations. INTERIM PERMIT: Means LUP effectively certified and jurisdiction has assumed interim permit authority per AB 385 (Hannigan). There are also four status categories for Zoning programs. Three are the same as those for LUPs (NONE or PEND, DENY or CM, and C RT). The fourth, EFFECTIVE CERT and ISSUING PERMITS, means LCP effectively certified and the local government has assumed coastal permit authority per PRC Section 30519. 4. + Portion uncertified at this time ("white holes"). 5. * Not officially segmented by the Commission. lgu GARYL A20 The Orange County Register Sunday, July 21, 1985 4 Coastal Commission failing on hard times By Don Skinner The Register When times were better for the California Coastal Commission, its members thought nothing of zip- ping down to San Diego or up near the Oregon line for a hearing on a coastal development issue. The 15-member commission, based in San Francisco, has made such out-of-town forays every oth- er week for most of its 12 years, to accommodate residents of those areas. The trips are likely to come to an end next month — the latest victim of a war of attrition with Republi- can Gov. George Deukmejian, who has declared open season on the commission. The Coastal Commission was formed during the administration of Deukmejian's predecessor, Democratic Gov. Edmund G. Brown Jr., in 1973. Its purpose: to protect California's coastline from development until cities and coun- ties had time to develop their own local plans to regulate coastline construction. But today, only 36 of the 123 juris- dictions along the coast have com- pleted those plans — known as lo- cal coastal plans — even though the Legislature set a 1981 deadline. Deukmejian is using the budget ax to put pressure on the commis- sion to complete its work, and the agency's operating dollars contin- ue to shrink. Its annual budget has plummeted from a 1981-82 figure of S10.5 million to $7.7 million this year. The governor now has cut more than $1.1 million from the agency's budget for fiscal year 1985-86. Those cuts included $640,000 in fed- eral funds. Fewer dollars have meant closed office doors and staff reductions. This month, 14 Coastal Commis- sion employees lest dtelr jobs. el by commission members. The commission expects next month to accept a staff recommendation that meetings be restricted to San Francisco and Los Angeles, and that they be held only once a month, instead of twice. Deukmejian blames the commis- sion for not meeting the legislative deadline for coastal plan develop- ment. But some other observers blame individual communities and counties, contending many are dragging their feet on the plans, with knowledge the commission may be abolished. Melvin Nutter, a Long Beach lawyer who is chairman of the commission, said he is twilling to accept some of the blame. But, he said, "In hindsight, everyone agrees the legal deadlines were un- realistic. I share the responsibility, but some of the difficulty has been with this governor. Over the course of his term he has cut our staff by half and made it clear he wants to abolish the commission." In a June 6 meeting he had with Deukmejian, Nutter said, the gov- ernor was specific. "He said, 'If I had the votes I'd get rid of you today.' ' The governor "has not masked his dissatisfaction with the com- mission," said Deukmejian spokesman Bob Taylor. "He feels the commission had a responsibil- ity to meet certain deadlines and missed those on a couple of occa- sions. Now it's time for them to get on with it." Taylor said the governor be- lieves the responsibility of deter- mining where development occurs should rest not with the Coastal Commission, but with city councils and county supervisors along the coast. "The governor simply believes it should be closer to the people, to the responsible agencies who man- ity except for areas involving wet- lands and beachfront,`which re- main under Coastal Commission control. Until local plans are completed, construction in the costal zone — which tuns from three mr7es Out at Masih, Sae Mateo —are in Northern others are Santa Barbara and Ven- tura counties. Orange County's coastal region has been divided into 21 areas, wapat of which still are wonting dh coastal plans. only four a said. Commission coastal planner Gary Holloway said work has pro- gressed faster in Northern Califor- nia because counties there tend to have smaller populations and op- pose state intervention. "Orange County has a history of submitting things, then taking them back for reconsideration," Holloway said. "Some have gone back and forth for three or four years." Peter Douglas, formerly chief deputy of the Coastal Commission, became executive director last week when Michael Fischer, the director for seven years, resigned to take a job in private industry. Douglas said the staff cuts have made it more difficult to complete the agency's work. "We're going to do the best we can," he said. "One of the problems is that it means we are less accessible to the public." Already, said Holloway, "there have been lots of screams" from citizens who learned they will have to travel to San Francisco when their construction applications are heard by the commission. Environmentalists say the com- mission has successfully balanced development and environmental concerns. "A lot of the problem is, local governments think they can wait and stall and miss deadlines," said Gordon Smith, who watches the commission for the Angeles chap- ter of the Sierra Club. "And pretty soon, there won't be a commission to contend with and planning will revert to local governments — which is what the governor wants. "The city of Los Angeles has done a dandy job of stalling, ' Smith said. "It should have had a plan years ago." Laguna Beach, which is virtually all in the coastal zone, has been waddag on -its local plawt Al said lie fair1111B< 'Liar coo ana wsm �al1e �IIbRiC81," asid- *rT" is kns or ratixen par Dorian. Sdamthing 41se that is important is we have had Coastal Commission staff working with us and then suddenly they were trans- ferred to another section and we got someone new who was unfamil- iar with the history." Developers whose plans can flourish or die at the hands of the Coastal Commission believe the agency often has been heavy-hand- ed, said John Erskine, executive director of the Orange County Re- gion of the Building Industry Asso- ciation. "It has probably helped in pre- serving some sensitive areas, such as wetlands, that might have been ignored by local government," he said. "But it's been more of a nui- sance in the southern half of the state ... taking a higher -handed ap- proach to property rights than lo- cal governments would have." The Coastal Commission was created because some state offi- cials felt cities and counties weren't doing enough to preserve the coastline, said commission Chairman Nutter. "Local governments were taking a parochial view of coastline pro- tection. Estuaries were being filled in — there were Miami Beaches proposed and Chinese Walls, cut- ting off the coast from people who lived here or visited the state," he said. "Frequently local government has to worry about its tax base, and it looks at its piece of coast out of context. Access to the coast was becoming harder." Of the commission's 15 mem- bers, all serve two-year terms and 12 have voting rights. Those 12 are selected by the speaker of the As- sembly, the governor and the Sen- ate Rules Committee. Donald McInnis, of Fallbroek, is one of four Deukmejian appointees on the commission. He said he ex- pects the agency to survive despite "i N74 VoW 94a Lave to .ask boor bad is good enough. and slog passing the paper back and forth. How many fly specks do you pick out of the pepper?" State of California, 4 George Dsukme(ion, California Coastal Commission South Coast District 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590.5071 February 10, 1983 To: Commissioners and Interesta&-4y6rsons From: Robert Brown, Deputy Director for Land Use; Joan Lundstrom, LCP Grants Administrator; Dave Loomis, Chief Planner, South Coast District; Gary Gleason, Coastal Analyst Subject: City of Newport Beachr Phase III (Local Coastal Program Zoning and Implementation) Work Program and Grant Request (for public hearing and possible action at the Commission Hearing of February 22-25, 1983) Funding Request The City of Newport Beach requests approval of a Phase III Work Program and Grant for $56,953.50 Staff Recommendation Staff recommends approval of the Phase III Work Program and approval of a grant not to exceed $33,000 subject to the following conditions: 1. The budget is amended to reflect a reduction in the dollar amounts allocated to City staff time and consultant time as indicated in Exhibit A. The Work Program is also amended to reflect an increase in the dollar amount allocated to operating expenses as indicated in Exhibit A. A maximum of $33,000 has been allocated to the City of Newport Beach for their Phase III (Zoning) Work Program under the Commission's grant priority program. 2. The Work Program is amended to specifically indicate the period of time for which the Work Program is in effect is limited to January 11 1983 through December 31, 1983. Should the City's Phase III Work Program extend beyond December 31, 1983, it is possible that work performed beyond that date may not be reimbursed due to federal grant deadlines. 3�. The Phase III Work Program is amended to delete references to the preparation of policy statements and the establishment ofCr policy language. The emphasis of the City's Phase III Work Program is the development of ordinances and regulations to carry out the provisions of the City's certified land use plan. 4. The Phase III Work Program is amended to delete the proposed Coastal Circulation System Study. 5. The Phase III Work Program is amended to delete Phase IV Work Tasks such as the preparation of a coastal permit procedures manual. 6. The Work Program is amended to delete Work Tasks not mandated as Phase III Work Tasks, such as the preparation of cost estimates for ordinance implementation. Background The City of Newport Beach Land Use Plan (LUP) was conditionally certified by the Commission in November, 1981. The LUP, as conditionally certified, was later adopted by the City of Newport Beach City Council in February, 1982. Subsequently, in May, 1982, the City received final certification for its land use plan. Analysis In order to implement the policies of its certified coastal land use plan, the Coastal Act in Section 30513 requires the City of Newport Beach to submit zoning ordinances, zoning district maps and where necessary, other implementing mechanisms to execute the policies of the City's land use plan. A major emphasis of the City's Phase III Work Program will be the evaluation of LUP policies in order to determine the most appropriate method of implementation. In addition, each land use designation in the City's LUP will have to be carefully reviewed in order to ensure that a corresponding zoning designation either exists or will be developed during Phase Ill. The following section evaluates each of the City staff's work task requests by category. In those areas where the Commission staff has recommended a reduction of City staff time requested, a justification has been pro- vided. Policy Implementation EVALUATION: This is the work task category where the City will develop regulations which will address diking, dredging and filling, lease of public properties, standards to protect archaeological and paleontological resources, require the ,provision of public access in new development, es- tablish ride sharing procedures as well as procedures to allow for joint use of parking in commercial development. The City has requested 37 staff days for Phase III work to be completed in this work task category. - 2 - 0 4 Staff time allocated to this category will also be provided in order to enable the City to review existing policies and determine where modifica- tions are necessary, draft revisions to ordinances as necessary and pre- pare for public review and City hearings. The Commission staff recommends the City be funded approximately 35 staff days in order to complete work in the policy implementation category. The Commission staff has also recommended conditions which are aimed at eliminating references to the preparation of policy statements or the establishment of new policy language. The development of policy language is not a Phase III work task. Commission staff has also recommended a limited reduction in the amount of City Attorney staff time proposed for this work task. Zoning EVALUATION: This is the work task category wherein the City proposes to do most of the work necessary to create new zone districts and amend existing zone districts in order to carry out the policies of the City's certified land use plan. The City has requested a total of 138 staff days (including) consultant time for the preparation of the work tasks in this category. Most of the work tasks proposed in this category are appropriate; however, the City has in this category, requested a total of 71 staff days of consultant time for the preparation of a Coastal Circulation System Study. Such a circulation study, although desirable, is further land use planning and is simply not eligible for reimbursement under a Phase III Work Program, the primary purpose of which is the de- velopment of ordinances. Therefore the Commission staff recommends that the 71 days of consultant time recommended fox t' _s work task be deleted. The City has identified specific zone districts which, will need to be modified as part of this work task category, in addition, the City has cited those new zone districts which may have to be created in order to execute the policies of the City's certified land use plan. The City has proposed to utilize the services of a consultant to assist in the development of new and amended zoning ordinances. The Commission staff does not usually recommend the use of consultants in preparation of LCPs when City staff is available, because of the higher costs asso- ciated with consultant time. However, in this instance, the City has indicated that a consultant is proposed to perform some work tasks in this work category due in part to the consultant's expertise in the de- velopment of zoning ordinances. Therefore, the Commission staff recom- mends approval of 40 days of consultant staff time for use in this work category. A reduction in time has been recommended in this work task category to delete work task d) in this category (prepare cost estimates for implementation of the ordinances)since this is not a mandated cost in the -Phase III Work Program. Also, a small reduction in the amount of City Attorney time requested for this task has been recommended. Commission staff recommends 64 staff days for completion of the work tasks in this category. - 3 - Intergovernmental Coordination EVALUATION: This is the work task category where the City will coordi- nate with other governmental agencies in implementing land use plan poli- cies. The City has requested a total of 12 staff days to complete work tasks in this category. However, after reviewing the amount of time requested for this work task category, the Commission staff has recommended a 50% reduction in the amount of staff time requested. Most of the work involving intergovernmental coordination should have been completed pre- viously as a Phase II Work task, and the Commission staff therefore rec- ommends a total of 6 staff days for completion of this work task category. Administrative Procedures EVALUATION: This is the work task category wherein the City will pre- pare procedures for the issuance of coastal development permits. These procedures will include among other tasks, a system for accepting, re- viewing and processing coastal permits as well as public hearing and notification requirements, appeal criteria and appeal procedures. The City has requested a total of 21 staff days for completion of this work task category. In addition to the above identified tasks, the City also proposes 10 staff days for the preparation of a coastal permit pro- . cedures manual (Work task d). This is a Phase IV work task and funding for this type of work task is available under a separate grant program. Therefore, the Commission staff has recommended a reduction in the amount of staff days necessary to complete this task to approximately 10 days. Administration EVALUATION:. The City has requested a small amount of staff time (4) days to administer the Phase III Grant Program. The Commission staff recom- mends approval of the time requested for this work task category. Coastal Commission Hearings EVALUATION: The City has requested a total of 11 staff days for this work task category which will include review of the Commission's staff report on implementation, meetings with the Coastal Commission staff, and at- tendance at Commission hearings. The Commission staff recommends approval of 11 staff days for this work category as requested by the City. Operating Expenses EVALUATION: The City has requested only $1,800 for funding this category. The Commission staff recommends funding for this category be increased by $1,320. The City's request of $400 for copying and $200 for supplies appears extremely low. sws l - 4 - 0 0 +6 CITE tYr aHO(IK • v altala-Ilt aUb.ai• C S YI•IT a bMI,r aau]I - L .lt5 Ct[ ht Nun. Iiui.T s.nmr 7i_-r 4a1a[ut lTu Ebro CI:eTtt Oellutlut Tubl Lw�i1 tebt OTa_=tu 73_In� i 3Ta 5 7.1 P=m L"J Atim gal •a- 1101 3• (16) 16 INI fa Ilf•1 lA ltst N INI t• IN11 no 7,435Ja1 0.113l17 W71 Nf 1]7.US.aN 3•.H1.37 Will l•al[C ill) 'a' II•) a3 UN A Its) la fill 78 lal a Il)) 13 It" O N.N6{a) l.N•.A Iq{aaW{IaalbltLL C30011. NI 3 1131 It 1641 32 /tl ) a IRaI st.S /a.fl3.fN J.iN.lf •wta. Iliatl•ttal PI t lie) 7.5 tel a $ill 33 /INl aslal 1331 17 INldq lf).3a awlauT{any IN { 122) )l It) a Itl /Q • • Pal It17.11blfl L1L.7{ maa)LL cvM1Y{0a M a /N) 74 INI N a4iLla SafaL or gal) a= Ialp 22.5 134) Its 416111" fast) 351 fill ]3 fall N 4111,11 320 1171171 19]63 Star" mNa fa.afl.Sal •a- 14,449.341 3.f83.13 11.271d0l 1.116.112 14.340.76120311 1147N.1q 9.18S.32 017.40 317.44 6f1.3{I {st.ft U3.3a31 llr]M /stNl Ista.S IfS.iif.Sal Rf.a•a.M �ttrl7 t37ti34 1faa7ai (W) •fa m+s1K Half Na _ sO to IIN) Na POMIALLMUM aN aN fafY.- i1I7� fatalist SOfaLa, diYiq lill.l!].N1 a7f.aaa paaatLlC Wfl1aY 1 .•1.•) 1. 3•� p4A5)d0)y i13.4418 • I rlaaaaa IS, be to taaaraat altT tafawt. ) a 0 CITY OF NEWPORT BEACH. PLANNING DEPARTMENT (714) 640-2261 October 28, 1982 Ms. Joan Lundstrom California Coastal Commission 631 Howard Street, Fourth Floor San Francisco, CA 94105 Dear Ms. Lundstrom: Enclosed please find the revised Phase III Work Program for the Newport Beach Local Coastal Program. A copy has also been sent to Gary Gleason at the South Coast District. Thank you for your help in this matter. If you have any questions please give me a call. Thanks again, PLANNING DEPARTMENT JAMES/SD. HEWICKER, Director PATRICIA L. TEMPLE Senior Planner PLT:nma xc: "Gary Gleason South Coast District City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 City of Newport Beach Local Coastal Program Phase III - Zoning and Implementing Ordinances Work Program April 16, 1982 City of Newport Beach Planning Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663-3884 (714) 640-2261 Introduction The Land Use Plan portion of the Local Coastal Program establishes community policies and appropriate land uses within the Coastal Zone. Several separate types of actions will be necessary to implement the adopted Land Use Plan. These will include policies, ordinances, and intergovernmental coordination. in addition, administrative procedures for the issuance of coastal permits will need to be established. These procedures will include application requirements, public hearing requirements, and appeal procedures. This work program outlines the major tasks which need to be completed during the implementation phase as well as a listing of items for action in the major task areas. These will be refined during the Phase III studies and in .the subsequent public hearings. Policy Implementation. Many of the policies contained in the Land Use Plan are statements of the City's intentions and do not require development of a specific implementing ordinance or land use regulation. These statements of policy will by incorporated into a single ordinance entitled "Coastal Zone Policy Statement" for adoption. Other specific policies will require the development of p�specific regulations which will be included in the Newport Beach Municipal Code. Items included in this section are: 1. Establish regulations regarding dredging, diking,fand filling. 2. Establish regulations regarding the lease of public properties. ` 3. Establish policies to protect archeological and paleontological resources. r�/c� 4. Require provision of public access in new development. 5. Establish procedures to encourage ride -sharing and car-pooling to minimize traffic demands. 6. Establish procedures ko �a-110 joint use 'of parking of commercial development by coastal visitors. The budget requirements of this task include: Man Days City Consultant a) Research and document existing policies and ordinances; determine items requiring additional implementing actions 7 --- b) Preparation of new and revisions to existing ordinances 15 --- c) City Attorney Review 5 d) Prepare cost estimates for implementation of the ordinances 5 e) Public review and hearings 5_ TOTAL 37 3 Zoning Zoning. Perhaps the most comprehensive tool available to the City is the police power to control land uses through zoning. The Land Use Plan of the Local Coastal Program establishes several different land use designations. Some are similar to existing zoning designations, while others have been specifically created for the Local Coastal Program. Each designation will have to be carefully reviewed and compared to existing provisions. Existing zoning districts will need to be altered or new districts created in order to implement the Land Use Plan. The most significant segment of the development of the zoning districts for implementation of the policies of the certified land use plan will be the determination of appropriate levels of intensity of development. visitor serving commercial uses generate the greates amount of traffic. The priority of visitor serving uses in the LUP combined with deletion of University Drive from the LCP Master Plan of Streets and Highway results in a need to complete a detailed analysis of the coastal portions of the Circulation System in order to implement.the policies of the certified Land Use Plan. Some of the policies contained in the land use plan can only be implemented by revisions or additions to the zoning code. Each of these will also have to be reviewed and compared to existing provisions and existing districts altered or new districts created. Items included in this section are: 1) Development of a Recreational and Marine Commercial Zoning District. 2) Revisions to existing Commercial Zoning Districts as required. 3) Revisions to existing Open Space Zoning Districts as required. 4) Develop a core Planned Community Text or revision to existing Planned Community District. 5) Regulation of the location of structures on vacant parcels. 6) Requirements for the provision of public access in new development. 7) Development of any special zoning districts or chapters as required. Budget requirements of this task include: ✓a) Coastal Circulation System Study b) Research and preparation of new and revised zoning districts c) Research and preparation of P-C Text d) Research and preparation of ordinances e) City Attorney Review f) Public Review and Hearings TOTAL Man Days City Consultant 0 71 0&4,,`. 6 15 2 10 4 15 7.5 7.5 0 27 111 . 4 • Intergovernmental Coordination. Intergovernmental coordination will be vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Resources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. The funding requirements for this task include: Man Days City Consultant a) Coordination of input from other tasl s. 3 0 b) Identification of specific projects and programs involving other agencies 2 0 c) Meetings and communication 4 0 d) Revisions to other tasks 3 0 TOTAL 12 0 Administrative Procedures. In addition to the implementation programs discussed above, the City is required to establish administrative procedures for the issuance of coastal permits. .These procedures should include an application process, review procedure, review criteria, public review and input process, public hearing requirements, appeal criteria, and appeal procedure. The administrative procedures should be integrated into existing City procedures and policies to the extent possible. The budget requirements will be as follows: Man Days City Consultant a) Research requirements of Coastal Act and Coastal Commission for local issuance of permits 2 --- b) Research requirements of Coastal Act and Coastal Commission for appeal of local decisions 2 --- c) Review all existing City procedures 2.75 /d) Prepare coastal permit manual containing complete administrative procedure 10 --- . 5 • e) City Attorney Review 2.25 --- f) Public Review and Hearings 2 TOTAL 21 0 Administration. Staff time will be required to administer the Phase III Zoning and Implementing Ordinances Grant. Budget requirements will be as follows: Man Days City Consultants a) Administration of LCP Phase III Grant 4 0 TOTAL 4 0 Coastal Commission Hearings. Upon completion of the Zoning and Implementing ordinances phase of the Local Coastal Program, the documents will have to be reviewed and approved by the California Coastal Commission. Budget requirements will be as follows: Man Days City Consultants a) Review of Coastal Staff Report on Implementation Program 4 0 b) Meetings with Coastal Commission Staff 1 0 c) Preparation of City responses to Coastal Commission concerns 5 0 d) Attendance at Coastal Commission hearings 1 0 TOTAL 11 0 Summary Requirements for the implementation phase based on the individual tasks outlined above are: Man Days City Consultant Policy Implementation 37 0 Zoning 27 ill Intergovernmental Coordination 12 0 Administrative Procedures 21 0 Administration 4 0 Coastal Commission Hearings _11 0 TOTAL 112 ill Phase III - Budget Salaries: Benefits & $/hr. overhead/hr.l Total # of hours TOTAL City Manager 34.50 15.31 49.81 22 1,095.82 City Attorney 29.40 13.05 42.45 110 4,669.50 Planning Director 24.50 10.88 35.38 56 1,981.28 Advance Planning Administrator 18.24 8.10 26.34 161 4,240.74 Senior Planner 16.15 7.17 23.32 463 10,797.16 Assistant Planner 11.20 4.97 16.17 32 517.44 Steno Clerk II 8.68 3.85 12.53 52 651.56 Consultant 35.00 320 11,200.00 Consultant (circulation) 35.0 1 571 20,000.00 1. Benefits include: City contribution to PERS (Retirement), Group Life and Health Insurance, Group Disability, Education, Workers Compensation, Vacation, Sick Leave, Unemployment Insurance and Overhead. SUBTOTAL: $55,153.50 Operating Expenses (In excess of normal overhead): Telephone @ $75 x 8 = 600 Copying @ $50 x 8 = 400 Stationery + Supplies @ $25 x 8 = 200 Postage + Mailing @ $75 x 8 = 600 SUBTOTAL: _ $1,800 $ 1,800.00 TOTAL: $56,953.50 PT:nma 10/28/82 BUDGET BREAKDOWN Advance City City Planning Planning Senior Assistant Steno Total Total Manager Attorney Director Adminis. Planner Planner Clerk II Consul. Hours Costs ($) Policy Implementation 8 40 16 50 150 116 16 296 7,936.76 20 26 78 8 12 891 1107 37.835.84 Intergovernmental Coordination 4 22 64 6 96 2,288.� Administrative Procedures 2 10 8 35 105 8 168 4,277.90 Administration 4 22 9 KVA�- *IIN6 1 Coastal Commission Hearings 8 24 44 8 4 88 2,120.76 Total Hours 22 110 56 161 463 32 52 320 1216 Total Costs ($) 1,095.82 4,669.50 1,981.28 4,240.74 10,797.16 517.44 651.56 11,200.00 65,153.50 • PT:nma 10/28/82 BUDGET BREAKDOWN Advance City City Planning Planning Senior Assistant Steno Total Total Manager Attorney Director Adminis. Planner Planner Clerk II Consul. Hours Costs ($) �S Policy Implementation O 8 3040 16 50 150 16 16 a}$ 296 7,936.76 3�- zoning n 12 Lf5-60 20 26 78 8 12 2IW91SO41107 37.835.84 Intergovernmental Coordination o{ 4 r/ 22 52 64 �3 6 96 2.288.M Administrative Procedures n 2 7.S 10 8 35. 25-105 8 K3.S 168 4,277.90 Administration 4 22 6 32 693.58 Coastal Commission 8 24 44 8 4 88 2.120.76 Total Hours 0 22 W.5110 $q 56 /5-0161 3S / 463 32 qq 52 32o ORO 1216 -3f5-o?-1.z 1,910.57- 3,qv. w,Im3A 613.47 a4, SFo• Total Costs ($) /7 1,095.82 4,669.50 1,981.28 4,240.74 10,797.16 517.44 651.56 11,200.00 A5,153.50 • PT:nma 10/28/82 Salaries: 0 0 Phase III - Budget Benefits & $/hr. Overhead/hr. l Total # of hours TOTAL City Manager 34.50 15.31 49.81 22 1,095.82 City Attorney 29.40 13.05 42.45 110 4,669.50 Planning Director 24.50 10.88 35.38 56 1,981.28 Advance Planning Administrator 18.24 8.10 26.34 161 4,240.74 Senior Planner 16.15 7.17 23.32 463 10,797.16 Assistant Planner 11.20 4.97 16.17 32 517.44 Steno Clerk II 8.68 3.85 12.53 52 651.56 Consultant 35.00 320 11,200.00 Consultant (circulation) 35.0 571 20,000.00 1. Benefits include: City contribution to PERS (Retirement), Group Life and Health Insurance, Group Disability, Education, Workers Compensation, Vacation, Sick Leave, Unemployment Insurance and Overhead. SUBTOTAL: $55,153.50 Operating Expenses (In excess of normal overhead): Telephone @ $75 x 8 = 600 Copying @ $50 x 8 = 400 Stationery + Supplies @ $25 x 8 = 200 Q(,p Postage + Mailing @ $75 x 8 = 600 SUBTOTAL: _ $1,800.217a0 $ 1,800.00 TOTAL: $56,953.50 PT:nma 10/28/82 r PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 1. Ordinance establishing maintenance and Accomplished No operation of bay and ocean beaches. Municipal Code (Page 7, Item 1) Sec. 2.12.090(b) 2. Ordinance establishing City maintenance Accomplished No of streets and walkways. Municipal Code (Page 7, Item 2) Sec. 2.12.090(b) 3. Protect and maintain existing vista x No points on public property. (Page 8, Item 3) 4. Public Access in coastal areas maximized Public No consistent with the protection of natural Access resources, public safety, and private Ordinance property rights. (Page 8, Item 4) 5. Lateral access to be provided in new Public No development. Access (Page 8, Item 5) Ordinance 6. Vertical access to be provided in new Public No development. Access (Page 8, Item 6) Ordinanc 7. Public access provisions. Public No (Page 9, Item 7) Access Ordinance B. City maintenance of a comprehensive signing x No program of City Coastal resources. (Page 9, Item 8) 9. Development shall not interfere with x No prescriptive rights. (Page 9, Item 9) • ACTION ITEM NO ACTION REQUIRED ZONING ORDINANCE COASTAL IMPLEMENTATION ORDINANCE SEPARATE ORDINANCE CONSULTANT DESIREABLE DEVELOP A PLAN ZONE CHANGE 10. In leasing of public owned land, consideration Public No of public's right of access. Lease (Page 9, Item 1) Ordinanc 11. In leasing of public owned land, consideration Public No shall be given to consistency of the proposed Lease use with the public interest. Ordinance (Page 9, Item 2) 12. All leases of public land shall be considered Public No by the City Council at a public hearing Lease (Page-9, Item 3) Ordinance 13. Tidelands leases shall be at full market Public No value and used consistent with tidelands Lease trust provisions. Ordinance (Page 9, Item 4) . 14. Public access shall be required in leases. Public No (Page 10, Item 5) Lease Ordinance 15. Local Coastal Program Circulation System Plan .. x lze- es 16. The City shall require a ridesharifig and x No carpooling plan in non-coastally related developments of 10,000 sq.ft. or more. (Page 12, Item 2) 17. The City shall insure implementation x No of the bikeway system. (Page 12, Item 3) 18. Work with the OCTD. x No Request OCTD to institute summer bus letter from service serving the entire Balboa City Council, Peninsula. minute action (Page 12, Item 4) PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 19. Develop a municipal transit plan. Yes x (Page 15, Item 5) 20. Balboa Peninsula Shall be studied for a means of Yes x easing traffic congestion and improving circulation in transit plan. (Page 15, Item 6) 21. All development shall provide adequate x No parking per Newport Beach Zoning Code. (Page 15, Item 7) 22. The City shall locate and develop new public x Yes x parking. (Page 15, Item 8) 23. In -lieu parking fees shall be deposited into a x No specifically identified public parking fund. (Page 15, Item 9) 24. Parking program on Newport Island. Revision No (Page 15a, Item 10) to exist 9 ordinance 25. Joint use parking. x No (Page 15, Item 11) 26. Publicity for remote parking and transit x No program. (Page 16, Item 12) 27. Pool Parking Management Plan Yes x (Page 16, Item 13) 28. Designation of types of Environmentally x No Sensitive Habitat Areas. (Page 20, Item A.1) 29. Location of Structures x No (Page 20, Item A.2) i i NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED - ORDINANCE IMPLEMENTATION ORDINANCE ORDINANCE DESIREABLE A PLAN CHANGE 30. Maintenance of drainage courses and x No facilities, sedimentation basins, etc. (Page 21, Item A3) 31. Cooperation with agencies re: Existing Yes sedimentation of Upper Newport Bay. Planning (Page 21, Item A4) Program 32. Coordination with Fish and Game Dept. Existing NO in developing a management plan for Planning No Upper Newport Bay. Program No (Page 21, Item A5) 33. Dredging, Diking, and Filling Policies Dredging, No (Pages 21-24, Item B) Diking, Filling Ordinanc ...d 34. Coastal Bluff Policies. Amend No (Pages 24-27, Item C) Existing Code 35. Archeological, Paleontological, and x No Historical Resources. (Page 27, Item D) 36. Coastal Views. x No (Pages 27-29, Item E) 37. The City shall preserve the ocean beaches and x No proposals for construction of anti -erosion structures, off shore breakwaters, or future marinas shall be examined in this light. (Page 32, Item 1) 38. The City shall preserve and enhance x Yes Upper the upper bay and marine coastal preserves. Newport Blay (Page 32, Item 2) Sedimental ion Control P an PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 39. Encourage and protect water -oriented x No recreational and entertainment facilities. (Page 33, Item 3) 40. Location and development plan for restroom Yes x facilities. (Page 33, Item 4) 41. Location and development plan for marine Yes x sanitation facilities. (Page 33, Item 5) 42. Location and development plan for drinking Yes x fountains, outdoor showers. (Page 33, Item 6) 43. Location and development plan for bicycle racks. Yes x (Page 33, Item 7) 44. Encourage provision of guest slips, moorings, x No and anchorages. (Page 33, Item 8) 45. Encourage maintenance of overnight x No accommodations in all price ranges. (Page 33, Item 9) 46. Encourage the County of Orange to x No provide additional recreational vehicle camp areas in the Newport Dunes. (Page 34, Item 10) 7. Coordinate development of Bayview Landing P-C Yes with Newport Dunes. District - (Page 34, Item 11) 48. Protect and Encourage Visitor -Serving Area Zoning, Yes Facilities. RMC (Page 34, Item 12) • • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 49. The City shall actively pursue the provision x No x of a public launching facility for small sail boats on lower Newport Bay. (Page 34, Item 13) 50. Provisions of small craft harbor in x No West Newport. (Page 34, Item 14) 51. Coastal dependent development shall have Area zoning Yes priority over other developments on or districts, near the shoreline. RMC (Page 35, Item 1) 52. Commercially and Industrially zoned areas Area zoning Yes shall be designated for coastal dependent, RMC, RSC coastal -related, and visitor -serving uses as priority uses. (Page 35, Item 2) 53. Commercial Fishing facilities shall be x No encouraged. (Page 35, Item 3) 54. City shall encourage the opening and x No development of adjoining ocean and water- front areas outside of Newport Bay. (Page 35, Item 4) 55. Protect and maintain support facilities SP-5 x Yes x and services for marine recreation and amendment education. Area zoning (Page 35, Item 5) RMC. 56. Protect and enhance public visual access. x No (Page 35, Item 6) 57. Designate a site for eventual provision of Yes x additional boat pump out facilities. (Page 35, Item 7) • • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 58. Restore electrical service, provide x No potable water at Rhine Channel. (Page 35., Item 8) 59. Allow dinghy launching at all safe Amend No street ends and beaches. Existing (Page 35, Item 9) Ordinance 60. Land Use Designations: Residential x No (Page 36) 61. Buildable acreage x No (Page 36) 62. Location of Structures x No (Page 37) 63. Recreation and Marine Commercial Area zones, Yes x (Pages 37-38) RMC 64. Retail and Service Commercial Area zones, Yes x (Page 38) C-1, C-2 65. Administrative, Professional, and x No Financial Commercial (Page 38) 66. Governmental, Educational, and x No Institutional Facilities. (Page 39) 67. Recreational and Environmental Open Space Amendment Yes x (Page 39) 68. Industrial. x No (Page 39) 69. West Newport. x No (Page 40) • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 70. 32nd Street x No (Page 40) 71. BEECO P-C No x (Page 40) District 72. CalTrans West x No (Page 40) 73. CalTrans East x No (Page 41) 74. Mariners Mile Amend No (Page 41) SP-5 75. Balboa Bay Club RMC Yes x (Page 41) 76. Lido Village RMC Yes x (Page 41) 77. Lido Isle x No (Page 41) 78. Lido Peninsula P-C Yes x (Pages 41-42) District 79. Cannery Village Area zone Yes x (Page 42) 80. McFadden Square Bayfront Area zone Yes x (Page 42) 81. McFadden Square Area zone Yes x '(Page 42) 82. Marinapark Area zone Yes x (Page 42) 83. Island Avenue x No (Page 42) • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 84. Central Balboa Area zone Yes x (Page 43) 85. Balboa Peninsula Point x No (Page 43) 86. Balboa Island Area zone Yes x (Page 43) 87. Coast Highway/Bayside Drive RMC Yes x (Page 43) 88. Beacon Bay RMC Yes x (Page 43) 89. Bayside and Marine. RMC Yes x (Page 43) 90. Corona del Mar State Beach x No (Page 44) 91. Newport Beach Marine Life Refuge x No (Page 44) 92. Inspiration Point No x (Page 44) 93. Corona del Mar/Coast Highway Commercial Area zone Yes x (Page 44) 94. Buck Gully/Morning Canyon No x (Page 44) 95. Newport Center Area zone Yes x (Page 44) 96. Bayview Landing_ P-C Yes x (Page 45) District 9 ACTION ITEM NO ACTION REQUIRED ZONING ORDINANCE COASTAL IMPLEMENTATION ORDINANCE SEPARATE ORDINANCE CONSULTANT DESIREABLE DEVELOP A PLAN ZONE CHANGE 97. De Anza Mobile Home Park x No x (Page 45) Accomplished Mobile Home Overlay zone 98. Newporter Inn RMC Yes x (Page 45) 99. Newporter North P-C Yes x (Page 45) District 100. Mouth of Big Canyon. P-C No x (Page 45) District 101. East Bluff Remnant No x (Page 46) 102. San Diego Creek P-C Yes x (Page 46) District 103. Jamboree and MacArthur P-C Yes x (Page 46) District 104. Westbay P-C Yes x (Page 46) District 105. North Star Beach No x (Page 47) 106. Castaways P-C Yes x (Page 47) District 107. Upper Newport Bay Ecological x No Managemen Reserve Plan (Page 47) State of California, Edmund G. BOA, Governor California Coastal Commission 631 Howard Street, 4th floor San Francisco, California 94105 (415) 543-8555 Patricia L. Temple Senior Planner City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Phase III Work Program Dear Pat: 19 R�pE �n i� Novl�19a2`� / NENP NON, CAktf� November 9, 1982 This is to acknowledge receipt of the City's revised Phase III (zoning implementation) Work Program. As requested with the initial work program, a work schedule must be submitted showing the completion dates for each work task, and for local and Commission hearings. Since initial application requested that the grant period be from November 1981 to October 1982, the City also needs to update the grant period requested. Please send me this information as soon as you can. As you are aware, the Commission has limited LCP funding due to federal cutbacks in the local assistance program. Beginning in 1981 the Commission set maximum amounts for each grant program in order to establish a basic level of funding to complete LUPs and LCPs statewide. A maximum of $30,000 was established for the City of Newport Beach to complete a basic zoning implementation program. This amount was set in early 1981, so allowing for inflation, the present maximum would be $33,000. The Commission staff is now reviewing your program in relation to these budget constraints, as some tasks may not be necessary for a certified LCP. You have shown City Manager costs being charged to the grant. These costs may not be charged to the grant program nor to SB 90 as this is an ongoing cost of local government. Also the Commission has discouraged use of consultants for developing a zoning program if the City staff is available since the local staff will be administering the ordinances and the cost is much ht4her. Please explain the reason a consultant is proposed. The City's Work Program and grant request is scheduled to be heard at the December 14-17 Commission hearing in Los Angeles. Gary Gleason will be working with you on the work program. Sincerely„` Joan Lundstrom LCP Grants Administrator cc: District: Gary Gleason J CITY OF NEWPORT BEACH. PLANNING DEPARTMENT (714) 640-2261 October 28, 1982 Ms. Joan Lundstrom California Coastal Commission 631 Howard Street, Fourth Floor San Francisco, CA 94105 Dear Ms. Lundstrom: Enclosed please find the revised Phase III Work Program for the Newport Beach Local Coastal Program. A copy has also been sent to Gary Gleason at the South Coast District. Thank you for your help in this' matter. If you have any questions please give me a call. Thanks again, PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY�%��C�%C PATRICIA L. TEMPLE Senior Planner PLT:nma xc: 'Gary Gleason South Coast District 9 City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 City of Newport Beach Local Coastal Program Phase III - Zoning and Implementing Ordinances Work Program April 16, 1982 City of Newport Beach Planning Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663-3884 (714) 640-2261 • 2 • Introduction The Land Use Plan portion of the Local Coastal Program establishes community policies and appropriate land uses within the Coastal Zone. Several separate types of actions will be necessary to implement the adopted Land Use Plan. These will include policies, ordinances, and intergovernmental coordination. In addition, administrative procedures for the issuance of coastal permits will need to be established. These procedures will include application requirements, public hearing requirements, and appeal procedures. This work program outlines the major tasks which need to be completed during the implementation phase as well as a listing of items for action in the major task areas. These will be refined during the Phase III studies and in the subsequent public hearings. Policy Implementation. Many of the policies contained in the Land Use Plan are statements of the City's intentions and do not require development of a specific implementing ordinance or land use regulation. These statements of policy will bp incorporated into a single ordinance entitled "Coastal Zone Policy Statement" for adoption. Other specific policies will require the development of a specific regulations which will be included in the Newport Beach Municipal Code. Items included in this section are: 1. Establish regulations regarding dredging, diking,'and filling. 2. Establish regulations regarding the lease of public properties. 3. Establish policies to protect archeological and paleontological resources. 4. Require provision of public access in new development. 5. Establish procedures to encourage ride -sharing and car-pooling to minimize traffic demands. 6. Establish procedures to allow joint use of parking of commercial development by coastal visitors. The budget requirements of this task include: Man Days City Consultant a) Research and document existing policies and ordinances; determine items requiring additional implementing actions 7 --- b) Preparation of new and revisions to existing ordinances 15 --- c) City Attorney Review 5 d) Prepare cost estimates for implementation of the ordinances 5 e) Public review and hearings 5 TOTAL 37 --- 3 Zoning Zoning. Perhaps the most comprehensive tool available to the City is the police power to control land uses through zoning. The Land Use Plan of the Local Coastal Program establishes several different land use designations. Some are similar to existing zoning designations, while others have been specifically created for the Local Coastal Program. Each designation will have to be carefully reviewed and compared to existing provisions. Existing zoning districts will need to be altered or new districts created in order to implement the Land Use Plan. The most significant segment of the development of the zoning districts for implementation of the policies of the certified land use plan will be the determination of appropriate levels of intensity of development. Visitor serving commercial uses generate the greate&amount of traffic. The priority of visitor serving uses in the LUP combined with deletion of University Drive from the LCP Master Plan of Streets and Highway results in a need to complete a detailed analysis of the coastal portions of the Circulation System in order to implement.the policies of the certified Land Use Plan. Some of the policies contained in the land use plan can only be implemented by revisions or additions to the zoning code. Each of these will also have to be reviewed and compared to existing provisions and existing districts altered or new districts created. Items included in this section are: 1) Development of a Recreational and Marine Commercial Zoning District. 2) Revisions to existing Commercial Zoning Districts as required. 3) Revisions to existing Open Space Zoning Districts as required. 4) Develop a core Planned Community Text or revision to existing Planned Community District. 5) Regulation of the location of structures on vacant parcels. 6) Requirements for the provision of public access in new development. 7) Development of any special zoning districts or chapters as required. Budget requirements of this task include: Man Days City Consultant a) Coastal Circulation System Study 0 71 b) Research and preparation of new and revised zoning districts 6 15 c) Research and preparation of P-C Text 2 10 d) Research and preparation of ordinances 4 15 e) City Attorney Review 7.5 f) Public Review and Hearings 7.5 0 TOTAL 27 ill 4 Intergovernmental Coordination. Intergovernmental coordination will be vitally important in implementing many of the policies of the Land Use Plan. Local, State, and Federal agencies will all be involved. These include the Cities of Newport Beach, Huntington Beach, Costa Mesa, and Irvine; the County of Orange; State Departments of Transportation, Fish and Game, and Water Resources; and Federal agencies including Fish and Wildlife and the Army Corps of Engineers. The City is currently working with all of these agencies and has a good relationship with most of them. Methods of continuing and improving relations with other agencies at both the staff and political levels will be explored in order to achieve mutual goals and establish programs of mutual benefit. The funding requirements for this task include: Man Days City Consultant a) Coordination of input from other tasks. 3 0 b) Identification of specific projects and programs involving other agencies 2 0 c) Meetings and communication 4 0 d) Revisions to other tasks 3 0 TOTAL 12 0 Administrative Procedures. In addition to the implementation programs discussed above, the City is required to establish administrative procedures for the issuance of coastal permits. ,These procedures should include an application process, review procedure, review criteria, public review and input process, public hearing requirements, appeal criteria, and appeal procedure. The administrative procedures should be integrated into existing City procedures and policies to the extent possible. The budget requirements will be as follows: Man Days City Consultant a) Research requirements of Coastal Act and Coastal Commission for local issuance of permits 2 --- b) Research requirements of Coastal Act and Coastal Commission for appeal of local decisions 2 --- c) Review all existing City procedures 2.75 --- d) Prepare coastal permit manual containing complete administrative procedure 10 --- • 5 • e) City Attorney Review 2.25 --- f) Public Review and Hearings 2 --- TOTAL 21 0 Administration. Staff time will be required to administer the Phase III - Zoning and Implementing Ordinances Grant. Budget requirements will be as follows: Man Days City Consultants a) Administration of LCP Phase III Grant 4 0 TOTAL 4 0 Coastal Commission Hearings. Upon completion of the Zoning and Implementing ordinances phase of the Local Coastal Program, the documents will have to be reviewed and approved by the California Coastal Commission. Budget requirements will be as follows: Man Days City Consultants a) Review of Coastal Staff Report on Implementation Program b) Meetings with Coastal Commission Staff c) Preparation of City responses to Coastal Commission concerns d) Attendance at Coastal Commission hearings 4 0 1 0 5 0 1 0 TOTAL 11 0 Summary Requirements for the implementation phase based on the individual tasks outlined above are: Man Days City Consultant Policy Implementation 37 0 Zoning 27 ill Intergovernmental Coordination 12 0 Administrative Procedures 21 0 Administration 4 0 Coastal Commission Hearings 11 0 TOTAL 112 ill • i_ Phase III - Budget Salaries: Benefits & $/hr. Overhead/hr. l Total # of hours TOTAL City Manager 34.50 15.31 49.81 22 1,095.82 City Attorney 29.40 13.05 42.45 110 4,669.50 Planning Director 24.50 10.88 35.38 56 1,981.28 Advance Planning Administrator 18.24 8.10 26.34 161 4,240.74 / Senior Planner 16.15 7.17 23.32 463 10,797.16 Assistant Planner 11.20 4.97 16.17 32 517.44 Steno Clerk II 8.68 3.85 12.53 52 651.56 Consultant 35.00 320 11,200.00 Consultant (circulation) 35.0 571 20,000.00 1. Benefits include: City contribution to PERS (Retirement), Group Life and Health Insurance, Group Disability, Education, Workers Compensation, Vacation, Sick Leave, Unemployment Insurance and Overhead. SUBTOTAL: $55,153.50 Operating Expenses (In excess of normal overhead): Telephone @ $75 x 8 = 600 Copying @ $50 x 8 = 400 Stationery + Supplies @ $25 x 8 = 200 Postage + Mailing @ $75 x 8 = 600 SUBTOTAL: _ $1,800 $ 1,800.00 TOTAL: $56,953.50 PT:nma 10/28/82 BUDGET BREAKDOWN Advance City City Planning Planning Senior Assistant Steno Total Total Manager Attorney Director Adminis. Planner Planner Clerk II Consul. Hours Costs ($) Policy Implementation 8 40 16 50 150 16 16 296 7,936.76 8 12 891 1107 37.835.84 Intergovernmental Coordination 4 22 64 6 96 2 288.W Administrative Procedures 2 10 8 35 105 8 168 4,277.90 Administration 4 22 6 32 693.58 Coastal Commission Hearings 8 24 44 8 4 88 2,120.76 Total Hours 22 110 56 161 463 32 52 320 1216 Total Costs ($) 1,095.82 4,669.50 1,981.28 4,240.74 10,797.16 517.44 651.56 11,200.00 65,153.50 C] PT:nma 10/28/82 PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 1. Ordinance establishing maintenance and Accomplished No operation of bay and ocean beaches. Municipal Code (Page 7, Item 1) Sec. 2.12.090(b) 2. Ordinance establishing City maintenance Accomplished No of streets and walkways. Municipal Code (Page 7, Item 2) Sec. 2.12.090(b) 3. Protect and maintain existing vista x No points on public property. (Page 8, Item 3) 4. Public Access in coastal areas maximized Public No consistent with the protection of natural Access resources, public safety, and private Ordinance property rights. (Page 8, Item 4) 5. Lateral access to be provided in new Public No development. Access (Page 8, Item 5) Ordinance 6. Vertical access to be provided in new Public No development. Access (Page 8, Item 6) Ordinanc 7. Public access provisions. Public No (Page 9, Item 7) Access Ordinance 8. City maintenance of a comprehensive signing x No program of City Coastal resources. (Page 9, Item 8) 9. Development shall not interfere with x No prescriptive rights. (Page 9, Item 9) Is 1• ACTION ITEM NO ACTION REQUIRED ZONING ORDINANCE COASTAL IMPLEMENTATION ORDINANCE SEPARATE ORDINANCE CONSULTANT DESIREABLE DEVELOP A PLAN ZONE CHANGE 10. In leasing of public owned land, consideration Public No of public's right of access. Lease (Page 9, Item 1) Ordinanc 11. In leasing of public owned land, consideration Public No shall be given to consistency of the proposed Lease use with the public interest. Ordinance (Page 9, Item 2) 12. All leases of public land shall be considered Public No by the City Council at a public hearing Lease (Page 9, Item 3) Ordinance 13. Tidelands leases shall be at full market Public No value and used consistent with tidelands Lease trust provisions. Ordinance (Page 9, Item 4) 14. Public access shall be required in leases. Public No (Page 10, Item 5) Lease Ordinance 15. Local Coastal Program Circulation System Plan x No 16. The City shall require a ridesharing and x No carpooling plan in non-coastally related developments of 10,000 sq.ft. or more. (Page 12, Item 2) 17. The City shall insure implementation x No of the bikeway system. (Page 12, Item 3) 18. Work with the OCTD. x No Request OCTD to institute summer bus letter from service serving the entire Balboa City Council, Peninsula. minute action (Page 12, Item 4) PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 19. Develop a municipal transit plan. Yes x (Page 15, Item 5) 20. Balboa Peninsula Shall be studied for a means of Yes x easing traffic congestion and improving circulation in transit plan. (Page 15, Item 6) 21. All development shall provide adequate x No parking per Newport Beach Zoning Code. (Page 15, Item 7) 22. The City shall locate and develop new public x Yes x parking. (Page 15, Item 8) 23. In -lieu parking fees shall be deposited into a x No specifically identified public parking fund. (Page 15, Item 9) 24. Parking program on Newport Island. Revision No (Page 15a, Item 10i to existing ordinance 25. Joint use parking. x No (Page 15, Item 11) 26. Publicity for remote parking and transit x No program. (Page 16, Item 12) 27. Pool Parking Management Plan Yes x (Page 16, Item 13) 28. Designation of types of Environmentally x No Sensitive Habitat Areas. (Page 20, Item A.1) 29. Location of Structures x No (Page 20, Item A.2) • • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 30. Maintenance of drainage courses and x No facilities, sedimentation basins, etc. (Page 21, Item A3) 31. Cooperation with agencies re: Existing Yes sedimentation of Upper Newport Bay. Planning (Page 21, Item A4) Program 32. Coordination with Fish and Game Dept. Existing No in developing a management plan for Planning No Upper Newport Bay. Program No (Page 21, Item A5) 33. Dredging, Diking, and Filling Policies Dredging, No (Pages 21-24, Item B) Diking, and Filling II Ordinanc 34. Coastal Bluff Policies. Amend No (Pages 24-27, Item C) Existing Code 35. Archeological, Paleontological, and x No Historical Resources. (Page 27, Item D) 36. Coastal Views. x No (Pages 27-29, Item E) 37. The City shall preserve the ocean beaches and x No proposals for construction of anti -erosion structures, off shore breakwaters, or future marinas shall be examined in this light. (Page 32, Item 1) 38. The City shall preserve and enhance x Yes Upper the upper bay and marine coastal preserves. Newport Bay (Page 32, Item 2) Sedimental ion Control P an • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 39. Encourage and protect water -oriented x No recreational and entertainment facilities. (Page 33, Item 3) 40. Location and development plan for restroom Yes x facilities. (Page 33, Item 4) 41. Location and development plan for marine Yes x sanitation facilities. (Page 33, Item 5) 42. Location and development plan for drinking Yes x fountains, outdoor showers. (Page 33, Item 6) ' 43. Location and development plan for bicycle racks. Yes x (Page 33, Item 7) 44. Encourage provision of guest slips, moorings, x No and anchorages. (Page 33, Item 8) 45. Encourage maintenance of.overnight x No accommodations in all price ranges. (Page 33, Item 9) 46. Encourage the County of Orange to x No provide additional recreational vehicle camp areas in the Newport Dunes. (Page 34, Item 10) 7. Coordinate development of Bayview Landing P-C Yes with Newport Dunes. District (Page 34, Item 11) 48. Protect and Encourage Visitor -Serving Area Zoning, Yes Facilities. RMC (Page 34, Item 12) 1- 9 r1 U PHASE III PHASE IV • • NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 49. The City shall actively pursue the provision x No x of a public launching facility for small sail boats on lower Newport Bay. (Page 34, Item 13) 50. Provisions of small craft harbor in x No West Newport. (Page 34, Item 14) 51. Coastal dependent development shall have Area zoning Yes priority over other developments on or districts, near the shoreline. RMC (Page 35, Item 1) 52. Commercially and Industrially zoned areas Area zoning Yes shall be designated for coastal dependent, RMC, RSC coastal -related, and visitor -serving uses as priority uses. (Page 35, Item 2) 53. Commercial Fishing facilities shall be x No encouraged. (Page 35, Item 3) • 54. City shall encourage the opening and x No development of adjoining ocean and water- front areas outside of Newport Bay. • (Page 35, Item 4) 55. Protect and maintain support facilities SP-5 x Yes x and services for marine recreation and amendment education. Area zoning (Page 35, Item 5) RMC. 56. Protect and enhance public visual access. x No (Page 35, Item 6) 57. Designate a site for eventual provision of Yes x additional boat pump out facilities. (Page 35, Item 7) PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 58. Restore electrical service, provide x No potable water at Rhine Channel. (Page 35, Item 8) 59. Allow dinghy launching at all safe Amend No street ends and beaches. Existing (Page 35, Item 9) Ordinance 60. Land Use Designations:- Residential x No (Page 36) 61. Buildable acreage x No (Page 36) 62. Location of Structures x No (Page 37) 63. Recreation and Marine Commercial Area zones, Yes x (Pages 37-38) RMC 64. Retail and Service Commercial Area zones, Yes x (Page 38) C-1, C-2 65. Administrative, Professional, and x No Financial Commercial (Page 38) 66. Governmental, Educational, and x No Institutional Facilities. (Page 39) 67. Recreational and Environmental Open Space Amendment Yes x (Page 39) 68. Industrial. x No (Page 39) 69. West Newport. x No (Page 40) • • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 70. 32nd Street x No (Page 40) 71. BEECO P-C No x (Page 40) District 72. CalTrans West x No (Page 40) 73. CalTrans East x No (Page 41) 74. Mariners Mile Amend No (Page 41) SP-5 75. Balboa Bay Club RMC Yes x (Page 41) 76. Lido Village RMC Yes x (Page 41) 77. Lido Isle x No (Page 41) 78. Lido Peninsula P-C Yes x (Pages 41-42) District 79. Cannery Village Area zone Yes x (Page 42) 80. McFadden Square Bayfront Area zone Yes x (Page 42) 81. McFadden Square Area zone Yes x (Page 42) 82. Marinapark Area zone Yes x (Page 42) 83. Island Avenue x No (Page 42) • PHASE III PHASE IV NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 84. Central Balboa Area zone Yes x (Page 43) 85. Balboa Peninsula Point x No (Page 43) 86. Balboa Island Area zone Yes x (Page 43) 87. Coast Highway/Bayside Drive RMC Yes x (Page 43) 88. Beacon Bay RMC Yes x (Page 43) 89. Bayside and Marine. RMC Yes x (Page 43) 90. Corona del Mar State Beach x No (Page 44) 91. Newport Beach Marine Life Refuge x No (Page 44) 92. Inspiration Point No x (Page 44) 93. Corona del Mar/Coast Highway Commercial Area zone Yes x (Page 44) 94. Buck Gully/Morning Canyon No x (Page 44) 95. Newport Center Area zone Yes x (Page 44) 96. Bayview Landing P-C Yes x (Page 45) District • • PHASE III PHASE IV ' NO ACTION ZONING COASTAL SEPARATE CONSULTANT DEVELOP ZONE ACTION ITEM REQUIRED ORDINANCE IMPLEMENTATION ORDINANCE DESIREABLE A PLAN CHANGE ORDINANCE 97. De Anza Mobile Home Park x No x (Page 45) Accomplished Mobile Home Overlay zone 98. Newporter Inn RMC Yes x (Page 45) 99. Newporter North P-C Yes x (Page 45) District 100. Mouth of Big Canyon. P-C No x (Page 45) District 101. East Bluff Remnant No x (Page 46) 102. San Diego Creek P-C Yes x (Page 46) District 103. Jamboree and MacArthur P-C Yes x (Page 46) District 104. Westbay P-C Yes x (Page 46) District 105. North Star Beach No x (Page 47) 106. Castaways P-C Yes x (Page 47) District 107. Upper Newport Bay Ecological x No Managemen Reserve Plan (Page 47) of% • City Council Meeti*October 12, 1982 Agenda Item No. D-2 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Interim Coastal'Develo ment Permit Procedures (Public Hearing) An ordinance of the City of Newport Beach establishing interim Coastal Development Permit procedures. Suggested Action Hold hearing; close hearing; if desired, a) Adopt Ordinance No. 82-21 establishing interim Coastal Development Permit procedures; or b) Modify Ordinance No. 82-2,1, reintroduce and pass to second reading and public hearing on October 25, 1982; or c) Disallow the adoption of Ordinance No. 82-21. Background Effective January 1, 1982, the California Coastal Act of 1976 was amended, deleting references to the Regional Coastal Commissions and revising procedures for Local Coastal Programs. This amendment (AB 385 - Hannigan) also permits local government assumption of coastal 'development permit jurisdiction subsequent to certification of the Land Use Plan portion of the Local Coastal Program, as follows: 1130600(b). Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone..., establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. "30600.5(b)... The authority for issuance of coastal development permits provided for in Chapter 7 shall be delegated to the respective local governments within 120 days after the effective date of certification of a land use plan..." The City of Newport Beach Local Coastal Program Land Use Plan was certified by the California Coastal Commission on May 19, 1982. Consistent with the provisions of Public Resources Code Section 30600.5 and the Administrative Regulations adopted by the Coastal Commission governing local government assumption of permit authority, the attached ordinance has been drafted. � I TO: City Council& • On June 28, 1982 the City Council reviewed and approved in concept the Interim Coastal Development Permit Procedures. Staff was directed to bring this item back to the City Council for public hearing subsequent to completion of the review of the proposed procedures by the Coastal Commission Staff. On August 17, 1982, the Planning Department received a letter from the Coastal Commission Staff indicating general compliance of the City's proposed procedures with the minimum standards adopted by the Coastal Commission. Minor modifications suggested by the Coastal Commission staff have been incorporated into the proposed ordinance. Description of the Interim Coastal Development Procedures Ordinance Development permits within the Coastal Zone in the City of Newport Beach are in four categories. Categorically exempt projects (pursuant Public Resources Code 30610(a)) require no coastal development permits. Development subject to the City of Newport Beach Categorical Exclusion Order E-77-5 (single family dwellings and duplexes not on the waterfront and conforming to specific criteria) will stay subject to the categorical exclusion process. As described below, development permits for some areas will remain subject to the original permit authority of the California Coastal Commission. All other regular, administrative and emergency Coastal Development Permit Authority is eligible to be assumed by the City pursuant to Section 30600.5 of the Coastal Act. The interim Coastal Development Procedures Ordinance will establish the procedures necessary for the City to commence issuing these permits. Primary components of the ordinance are discussed below, particularly in relation to how the proposed procedures differ from existing City procedures. Coastal Development Permits Required. The City will process Coastal Development Permits for all development except those which are categorically exempt (pursuant to Public Resources Code 30610(a)), which are subject to Categorical Exclusion Order E-77-5, or which will remain subject to the original permit authority of the California Coastal Commission. Areas which remain under the authority of the Coastal Commission are: 1. Development between the first public road and the sea or within 300 ft. of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. 2. Developments located on tidelands, submerged lands, public trust lands, within 100 ft. of any wetland, estuary, stream, or within 300 ft. of the top of the seaward face of any coastal bluff. 3. Any development which constitutes a major public works project or major energy facility. 4. Any development proposed or undertaken within ports covered by Chapter 8 of the Coastal Act of 1976 (commencing with Public Resources Code Section 30700) or within any state university or college within the coastal zone. 5. Any development propose by any state agency. .1 TO: City Council • The Planning Director shall determine which type of permit a development proposal requires (exclusion, City CDP, or Coastal Commission CDP). Additionally, the Planning Director may reject an application for a Coastal Development Permit, in which case the applicant will be required to receive a CDP from the Coastal Commission. Notice. Within ten (10) calendar days of accepting an application and at least ten (10) days prior to the public hearing, the site shall be posted with a public hearing notice. Additional notice shall be provided to the nearest public library, each applicant, all persons who have requested such notification, all property owners and residents within 100 feet, and the City Council. The provisions of this section differ from current City procedures as follows: 1) The City posts property 10 days before the public hearing on an item. Since the proposed ordinance requires properties to be posted within 10 days of the acceptance of an application, the posting procedures for Coastal Development Permits will have to be handled differently from normal City procedures. Additionally, this requirement will result in notices being posted for a longer period of time for these permits. 2) Currently, the City does not provide notices of public hearing to public libraries, residents within 100 ft. of a proposed development, or to the City Council. These noticing requirement will have to be added to the normal City procedures for Coastal Development Permits. The City Council may wish to consider a clarification of Part A.3. of Section 1.030 (Notice) as follows: 113. all property owners and residents within 100 feet of the perimeter of the parcel, excluding dedicated rights -of -way, on which the development is proposed..." (Additional language underlined). This' language is consistent with the City's existing procedures regarding notice for public hearings. Contents of Public Hearing Notice. The public hearing notice is required to state the same information which is currently provided by the City of Newport Beach standard notices, but also requires a description of the system for local Coastal Development appeals, including any fees required, which will have to be added to public hearing notices for Coastal Development Permits. Public Hearing. At least one public hearing shall be held on each Coastal Development Permit application, except administrative applications, by the Planning Director or his designated representative. Appeals. The decision of the Planning Director may be appealed to the Planning Commission, the City Council and the Coastal Commission (in that order). An appeal may be filed directly to the Coastal Commission if the local notice and hearing procedures did not comply with the adopted provisions, if an appeal fee is charged, if the project is appealed by two (2) TO: City Council •4 • members of the Coastal Commission, or where the Planning Commission or City Council refuses to hear an appeal. These provisions differ from standard City requirements in that appeal hearings by the Planning Commission and City Council can be avoided if the City charges an appeal fee. Currently the City does charge appeal fees to partially offset the costs of processing an appeal. Amendments. An amendment to a Coastal Development Permit may be approved by the Planning Director if the amendment will not lessen or avoid the intended effect of an approved permit and is consistent with the certified Land Use Plan. This provision applies only to City processed Coastal Development Permits. An amendment which substantially alters the effect of a permit must be reviewed in the normal public hearing process. Administrative Permits. Administrative Permits may be issued by the Planning Director provided: 1) the site is posted with a notice of intent to issue the administrative permit, 2) the permit does not become effective until the Planning Commission has reviewed the application and decision, and 3) the permit is subject to the same appeal procedures as a regular permit. This process differs from current City procedures in that this section requires Planning Commission review of non -discretionary permits. This will add a "consent calendar" item to the Planning Commission agenda for each meeting. Additionally, it will be difficult to defer or cancel a Planning Commission meeting because regular building permits may be held up for from two to three weeks if a Planning Commission meeting is deferred or cancelled. Emergency Permits. Emergency permits may be issued by the Planning Director provided: 1) an emergency exists that requires action more quickly than permitted by regular or administrative permit procedures, 2) public comment on the emergency action has been reviewed, if time allows, and 3) the work is consistent with the certified Land Use Plan. Effective Dates. This ordinance is adopted as an interim ordinance and shall be effective only until such time as the complete Local Coastal Program for the City of Newport Beach is certified. Discussion The Interim Coastal Development Permit Procedures Ordinance has been drafted consistent with the Coastal Commission regulations regarding local government assumption of Coastal Development Permit Authority. The regulations require the establishment of notice, public hearing and appeal procedures similar to those currently required by the California Coastal Commission. As indicated in the description of the ordinance above, the City will be establishing procedures which differ significantly from existing City procedures. Below are discussed: assumption of the permit authority by other jurisdictions, what permits the City will gain authority to issue, and timing for City issued versus Coastal Commission issued Coastal Development Permits. Assumption of Coastal Permit Authority by Other Jurisdictions All jurisdictions with certified Land Use Plan are eligible to assume interim Coastal Development permit authority pursuant to Section 30600.5 of the Public TO: City Council* • Resources Code. To date only one jurisdiction in the state, the City of Pacifica, has adopted the procedures necessary for local government assumption of permit authority. Discussion with the Coastal Commission staff indicates that most jurisdictions find the required procedures too difficult to administer for the number of permits they may issue. Additional Permits the City May Issue Under This Ordinance Currently, the City issues coastal permits for single family dwelling and duplexes conforming to certain criteria under the provisions of Categorical Exclusion Order E-77-5. The adoption of these procedures will allow the City to issue the following additional: 1) Residential developments of 3 or more units not within 300 feet of the beach or bay, 100 feet of a wetland, or 300 feet of the top of the seaward face of a coastal bluff. This is not expected to be a significant number of permits in that most of the multiple -family residential areas in the coastal zone are on the Balboa Peninsula, and are within 300 feet of the beach or bay. 2) Residential developments of one or two units, not within 300 feet of the beach or bay, 100 feet of a wetland, or 300 feet of the top of the seaward face of a coastal bluff which do not conform to the criteria of Categorical Exclusion Order E-77-5. 3) Commercial development not within 300 feet of the beach or bay, 100 feet of a wetland or 300 feet of the top of the seaward face of a coastal bluff. Areas affected are Corona del Mar, Newport shores, and portions of inland Mariners Mile and Cannery Village/McFadden Square. In the City of Newport Beach, 66 projects were required to get Coastal Development Permits in 1981, and 30 projects have been so required to date in 1982. Since a portion of these are developments for which the City will not gain permit authority, the City will not be issuing a great number of Coastal Development Permits beyond those currently issued under the Categorical Exclusion. Permit Timing Administrative coastal permits which are not appealed will receive approval quicker if the City assumes permit authority. Administrative permits issued by the City will be processed in three to five weeks as compared to four to seven weeks at the Coastal Commission. Regular coastal permits not subject to any other discretionary review and not appealed will be processed by the City in an identical four to seven week time frame as the Coastal Commission. Any permit which is appealed, however, will encounter a significant increase in the time needed to receive a coastal permit due to the additional appeal layers at the City level. Coastal Development Permit decisions by the Coastal Commission are not appealable in that the Coastal Commission is its own final TO: City Counci-*6 • appeal body. A coastal permit processed through each appeal layer could take as long as 243 days to receive a final decision. Summary in summary, the adoption of the Interim Coastal Development Procedures will allow the City to issue certain Coastal Development Permits which currently must receive approval from the Coastal Commission. Administrative permits can be processed quicker by the City than by the Coastal Commission. Regular permits can be issued in a similar time frame. Permits which are appealed will take a significantly longer period of time to process. Adoption of the interim ordinance will establish procedures for Coastal Permits which differ from typical City permit and hearing procedures. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �" AA,Gf�//.t / a5 •,bs6 `dy/�t? PATRICIA L. TEMPLE Senior Planner PLT:nma Attachment: 1) Permit Timing Example 2) Ordinance 82-21 ._ 41 • EXAMPLE • PERMIT TIMING Application for permit filed 10 days Notice of Hearing and Post Property 14 - 20 days Public Hearing (Modifications Committee) 10 days Notice of Action Planning Director Hearing 10 days Total 44 - 50 days Appeal to P.C. 16 - 23 days Determination by P.C. 14 - 21 days Public Hearing by P.C. Planning Commission Hearing 10 days Total 84 - 104 days Appeal to C.C. 18 - 25 days Determination by C.0 14 - 21 days Public Hearing by C.C. 5 days Notice of Action City Council Hearing 20 working days Total 149 -183 days (28 days) Appeal to Coastal Commission 45 - 60 days Final Action Coastal Commission Hearing Total 194 - 243 days PT:nma 10/5/82 Mate of California, Edmund G. BROr., Governor • California Coastal Commission 631 Howard Street, 4th floor San Francisco, California 94105 (415)543-8555 October 8, 1982 Bob Lennard Advance Planning Administrator City of Newport Beach 3300 W. Newport Blvd. Newport Beach, CA 92660-3884 Re: LCP Phase III (Zoning) Work Program In September, the Coastal Commission sent a letter to all coastal communities with incomplete LCP's outlining upcoming program and grant deadlines. Of major importance, the federal government has indicated to the Commission that no LCP grants may be extended beyond�June 30, 1983. The Commission has requested that this be extended to,the end of 1983 in order to coincide with the state man- dated deadline of LCP submittal by December 31, 1983. So at this time the LCP grant program expires in nine months. Because of the uncertainty of the grant program continuing, the Commission's September 15 letter to the City established a deadline of October 31 for submittal of the proposed Zoning Work Program. Although the City formally submitted a grant application on August 31, 1981, the work program was a draft and has subsequently been revised. This is a reminder that the complete revision should therefore be submitted to the Commission by October 31 in order to be considered by the Commission. We strongly urge you to meet this deadline so that funding for the City's Zoning Program will not be jeopardized. Please call me a (415) 543-8555 if you have any questions. Joan L. Lur/dst:Xom V LCP Grant Administrator JLL:jm cc: District: Garl Gleason 'State of California, Edmund G. Ion Jr., Gouernor n California Coastal Commission 631 Howard Street, 4th floor San Francisco, California 94105 (415) 543-8555 Pat Temple, Senior Planner City of Newport Beach 3300 Newport Blvd Newport Beach-, California 92663 Subject: LCP Phase III (Zoning) Dear Ms. Temple August The City is proposing to use a consultant to prepare the zoning implementation Work Program and has provided the necessary budget breakdown information for Commission review. Once the Phase III Work Program has been approved by the Commission, it will be necessary for the Commission to approve the consultant's contract if it exceeds $10,000 and to confirm that a competitive bidding process was used to select the consultant. These provisions are contained in all LCP contracts. Review of Consultant Contract: The agreement is reviewed for conformity to the LCP Work Program approved by the Commission. Also, since this grant is partially funded by the federal govern- ment, the following federal provisions Credits and Citations, Federal Grant Con- ditions and Fair Employment Practices must be included, which are attached for your use. When the City has a consultant contract ready for approval, please submit one copy to me and one to Gary Gleason, South Coast District Office. Review of the document should take a short time so as not to delay the work program. Competive Bidding: In order to ensure that a competitive bidding process has been used, the City should provide the Commission with a list of the consulting firms contacted for a request for proposal and a statement regarding the process of selection, i.e. a summary of the firm's qualifications relative to other consultants. The City's statement should at the most be a page or two. Again the Commission review will be expeditious. I will be reviewing the City's revised Phase III Work Program with Gary Gleason and would like to schedule Commission review as soon as possible. As discussed • Mc with you, the federal and state governments have set June 30, 1983 as the termination date for all Local Coastal Program grants. In order for the City of Newport Beach to receive grant reimbursement to complete its coastal program, it is essential that the program be underway in the near future. Your City will receive a letter concerning the deadline dates of the grant program in the latter part of August. If you have any questions regarding the contract, please call me. Sincerely, JLL/lgu Attachment: Federal i cc: District Gary G1i ' Sh:-�ndard Agrucnxant• IJo�r xxxOxxxx Xxxxxxxxxx Xxxxxxxxxx Page J 12. rrlx;IW, CItAIIT COHDI1']C> S a. Because This Agreement: i:; par•tialLy funded from National Oceanic and Atmospheric A0hninistrat ion Graht• No. NA-81-AA-D-CZ064, .it is subject: to all conditions of that- grant applicable to third party participation, and, in particular, t:ho following: b. o Nondiscrimination. '171e Contractor assures that the work carried out: under this Agreement will Ix, conducted in canpliance with Title VS of. the Civil Riyht , Acl• of: .1964 (42 U.!,.C. 2000d-4) and tho r(xplircmentc; imlx:med by the ru(•1u•lol•iona of Iho U:part•JPUIlI: oL CUIIII)C 0 (J(? (_,dI Iic•g__a05a_15 Clgi 1a J.-ftl,• issued pursuant 1:0 that Title, applic"''16 and appropriate to the, work supported by this AgJ:eenlenl . TO ensu'ke non-discrim.inai:ion, the ati.ached "Stat:cnent of Assurances it an integral part of this Agreement. C. o Officials Not to Banef•it. Ho menli mr or delegate, 1-0 Congress or rosident: F'ederial Cciiuiii:;rioilers :;li<i11 Ix: X110it-ted I:o any share or parr: of this Tvjreelnent or to any Ix•nefil• that- may arise t-hcrel:rom. d. o Access to Rucor(ln, vtd RLOIit: Io Audits. 'Ltic Contractor agrees that: the Canj>ircil li_r re iv r;il if, i �i� thli l (:(1 States or any nl his/hor duly aul horized J:cpJ:c:;enlatives, thn N(rcretnr/ rot Cmullerce or ally of his/Ix:r duly authorized rehr::;enialivc:; and Lho (IUIv aulhorizecl represenLat.ives Of the St: to shall, until t•he expiration of 1-11r0e yr:nrs aft -or exlx:nditure of the Federal funds raider Hlis Agrecirn:nt•, h,lve !X(_Q:;:; to aW the right, to examine any directly px:rtAnrnt Ix)ol::;, clucunxnll•r;, p•Jnpr-o: •, and recor(ls•uf: the Contractor involving 1•ran-ii1C.t•iOnS M1,11-eci to lhi:i Agroumr_nt. e. The Contractor agrees that paymiont•(s) made uncler this Agrement: shall be subject to recluct:ion for am(Junts chargod thereto which are fount on the — txisis of audit- examination nut- to constitute allwable costs under this Agreenx:nl•. 't7ie Con(r l(.t-ol: :;ha11 roCund the neces7ary amount- by check pa gable I•r) Lhe Ctali f.omjirl C(ca:;l,ll cc ilunission. f. o Maintenance of kecordnr A] L r(yuir-ed records shall- ho iltiiintained until an au(iit i , c(.miplei iiiJ (iiicl ,ll l clue;f i(>n:; arising f:huref ran are resolved or three years af;hel he t(:Jminat kin of tl(J:; Agreement, whiuhever is sooner. Standard Agreement No. xxxx xx xxxxr. page 5 11. CREDITS AND CITATIONS The cover or title page of any publication resulting from this Agreement shall include the following credit•: This publication was prepared with financial assistance from the State of California under the provisions of the Coastal Act of 1976, as amended. Reasonable credit for the Contractor's work uUa kl also be permitted on such publications.