HomeMy WebLinkAbout23 - Amending Title 21 of the NBMC Related to Comprehensive Municipal Code Amendments (PA2022-0219)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 22, 2025
Agenda Item No. 23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Ordinance No. 2025-14: Amending Title 21 of the Newport Beach
Municipal Code Related to Comprehensive Municipal Code
Amendments (PA2022-0219)
ABSTRACT:
On November 14, 2023, the City Council authorized the submittal of an amendment to
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code (NBMC) to the California Coastal Commission (CCC). The amendment would clean
up certain provisions consistent with the broader effort to update the NBMC made
effective by Ordinance No. 2023-22.
On May 7, 2025, the CCC denied the submitted amendment but approved it with
suggested modifications. For the City Council's consideration is an ordinance amending
Title 21 and accepting and incorporating the CCC's suggested modifications.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2025-14, An Ordinance of the City Council of the City of Newport Beach, California,
Approving a Local Coastal Program Amendment to Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code as Modified by the
California Coastal Commission Related to Comprehensive Municipal Code
Amendments (PA2022-0219), and pass to second reading on August 26, 2025.
DISCUSSION:
On November 14, 2023, the City Council introduced Ordinance No. 2023-22 (Attachment
B) to update and streamline various NBMC titles. Concurrently, the Council adopted
Resolution No. 2023-76, authorizing submittal of the Local Coastal Program Amendment
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Ordinance No. 2025-14: Amending Title 21 of the Newport Beach Municipal Code
Related to Comprehensive Municipal Code Amendments (PA2022-0219)
July 22, 2025
Page 2
(PA2022-0219) to the CCC to similarly amend Title 21. Ordinance No. 2023-22 was
adopted on November 28, 2023, but Title 21 remained pending CCC approval. The
proposed changes affecting Title 21 included:
• Deletion of Chapter 21.34 (Conversion or Demolition of Affordable Housing), as
the requirements in this Chapter are already provided for in State law and,
furthermore, the City does not meet the criteria for its applicability;
• Creating a coastal development permit exemption for tentative parcel maps
involving the subdivision of airspace within multi -unit dwellings for condominium
purposes;
• Correcting, updating and/or clarifying references to State law throughout;
• Changing references from "Building Director" or "Planning Director" to "Community
Development Director"; and
• Clarifying the definition of "Code" to mean the Newport Beach Municipal Code.
Coastal Commission Action and Acceptance of Suggested Modifications
On February 8, 2024, the City submitted the City Council's authorized Title 21 amendment
to the CCC. On May 7, 2025, the CCC considered and denied the amendment, as
submitted, but approved it with suggested modifications, which are outlined in Attachment
D.
A summary of the suggested modifications include:
• Suggested Modification 5: Modify Subsection 21.52.035(C) regarding Coastal
Act Exemptions to remove the proposed exemption related to tentative parcel
maps for condominium purposes; and
• Suggested Modification 6: Simplify footnotes to Tables 21.18-4, 21.22-3, and
21.22-4 by referencing Chapter 21.32 (Density Bonus); revise California
Government Code references in Section 21.48.200 and update language for
consistency with State law for accessory dwelling units; and revise the definition
of "Density bonus" in Section 21.70.020 (Definitions of Specialized Terms and
Phrases).
"Suggested Modification 5" omits a newly proposed streamlining exemption that would
remove the requirement for a coastal development permit when a tentative parcel map
for condominium purposes is proposed for a property in the Coastal Zone. Coastal
Commission staff found there was no support for such an exemption in the Coastal Act.
Accepting this Suggested Modification will have no impact on the City's current practices.
"Suggested Modification 6" captures the most recent language used from more recent
amendments to Title 21 and other Titles in the NBMC for consistency purposes and
presents no material changes to the City's request. Between the submission of this Local
Coastal Program Amendment and the Coastal Commission hearing, several other
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Ordinance No. 2025-14: Amending Title 21 of the Newport Beach Municipal Code
Related to Comprehensive Municipal Code Amendments (PA2022-0219)
July 22, 2025
Page 3
amendments affecting the same language were adopted, so this Suggested Modification
resulted from City staff's coordination with Coastal Commission staff to ensure previous
changes were not undone by the proposed amendment.
The City Council must accept or reject all the suggested modifications. Partial acceptance
is not permitted and would require resubmittal to the CCC through a new amendment
application. A redline -strikeout version incorporating all CCC modifications is included as
Attachment E.
If introduced, the ordinance would return for a second reading on August 26, 2025, and
take effect 30 days thereafter.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
Local Coastal Program Amendment was made available, and a Notice of Availability was
originally distributed on October 3, 2023, to all persons and agencies on the Notice of
Availability mailing list.
In addition, notice of this amendment was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the NBMC and State law. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City's
website.
Furthermore, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Ordinance No. 2025-14
Attachment B
— Ordinance No. 2023-22
Attachment C
— Resolution No. 2023-76
Attachment D
— Coastal Commission Approval Letter and Suggested Modifications
Attachment E
— Redline -Strikeout Version
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Attachment A
Ordinance No. 2025-14
23-4
ORDINANCE NO. 2025-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING A LOCAL
COASTAL PROGRAM AMENDMENT TO TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE AS MODIFIED BY
THE CALIFORNIA COASTAL COMMISSION RELATED TO
COMPREHENSIVE MUNICIPAL CODE AMENDMENTS
(PA2022-0219)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development
permit -issuing authority on January 30, 2017;
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach certified Local Coastal Program
codified in Title 21 to be initiated by the City Council;
WHEREAS, the City Council adopted Resolution No. 2022-58 on September 13,
2022, forming the Ad Hoc Municipal Code and Council Policy Review Committee
("Council Committee") to review and make recommended revisions to the NBMC and
City Council Policies ("Policies");
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Ordinance No. 2025-14
Page 2 of 5
WHEREAS, the City Council further directed the City's boards and
commissions, including the Planning Commission, to establish ad hoc committees to
review the NBMC and Policies within that body's area of expertise to comprehensively
review and amend the NBMC to reduce regulations, streamline processes, and
generally update/eliminate outdated information;
WHEREAS, the City Council adopted Resolution No. 2023-18 on April 11, 2023,
extending the expiration date of the Council Committee from June 2023 to June 30,
2024;
WHEREAS, the Planning Commission Ad Hoc Committee recommended
revisions to Title 19 (Subdivisions), Title 20 (Planning and Zoning) (collectively "ZC
Amendment") and Title 21 (Local Coastal Program Implementation Plan) ("LCP
Amendment") of the NBMC, at the August 3, 2023, Planning Commission meeting;
WHEREAS, additional revisions were incorporated into the ZC Amendment and
LCP Amendment that eliminate conflicting review authority for reasonable
accommodations and modify the review authority for alcohol sales with late hours;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, Subchapter 2, Article 5 (Public Participation) ("Section 13515"), drafts of the
LCP Amendment were made available and a Notice of Availability was distributed at least
six weeks prior to the anticipated final action date;
WHEREAS, the Planning Commission held a public hearing on October 19,
2023, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and
Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2023-039 by a unanimous vote (5 ayes, 0 nays) recommending
approval of the ZC Amendment and LCP Amendment to the City Council;
WHEREAS, the City Council held a Study Session on October 24, 2023, to
consider the Planning Commission and Council Ad Hoc Committee's recommendations
to modify the NBMC;
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Ordinance No. 2025-14
Page 3 of 5
WHEREAS, after receiving feedback from the City Council and community, an
ordinance and resolution implementing the proposed changes to the NBMC and Policies
were brought back to the City Council for consideration on November 14, 2023;
WHEREAS, the City Council held a public hearing on November 28, 2023, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
Notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing;
WHEREAS, the City Council adopted Resolution No. 2023-76 on November
28, 2023, authorizing the submittal of the LCP Amendment filed as PA2022-0219 to the
Coastal Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, the City Council also adopted Ordinance No. 2023-22 on December
12, 2023, updating all Titles of the NBMC, except for Title 21;
WHEREAS, the California Coastal Commission denied the LCP Amendment
(LCP-5-NPB-24-0004-1 Part C [IP Clean -Up]) on May 7, 2025, as submitted and
approved it with suggested modifications deemed necessary to find consistency with the
California Coastal Act; and
WHEREAS, the City Council held a public hearing on July 22, 2025, in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of
time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The City Council hereby approves the LCP Amendment (PA2022-
0219) and accepts the suggested modifications approved by the Coastal Commission to
amend Title 21 of the NBMC as set forth in Exhibit "A," and based upon the Findings in
Exhibit "B," both of which are attached hereto and incorporated herein by reference.
Section 2: The LCP Amendment (PA2022-0219), will be carried out fully in
conformity with the California Coastal Act.
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Ordinance No. 2025-14
Page 4 of 5
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Executive Director of the Coastal Commission that
this action is legally adequate to satisfy the specific requirements of the Coastal
Commission's May 7, 2025, action on LCP Amendment Request No. LCP-5-NPB-24-
0004-1 Part C (IP Clean -Up).
Section 5: This ordinance shall not become effective for thirty days after
adoption and until the Executive Director of the Coastal Commission certifies that this
ordinance complies with the Coastal Commission's May 7, 2025, action on LCP
Amendment Request No. LCP-5-NPB-24-0004-1 Part C (IP Clean -Up).
Section 6: If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance. The
City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases may be declared invalid or
unconstitutional.
Section 7: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQX) pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective as provided in Section 5 of this ordinance.
Ordinance No. 2025-14
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of July 2025, and adopted on the 26th day of
August 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
JOE STAPLETON, MAYOR
ATTEST:
MOLLY PERRY, INTERIM CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
I �
AAROIN C. HARP, CITY ATTORNEY
Attachments: Exhibit A — LCP Amendment (PA2022-0219)
Exhibit B — Findings in Support of LCP Amendment (PA2022-0219)
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EXHIBIT "A"
LCP AMENDMENT (PA2022-0219)
Section 1: The Table of Contents for Title 21 (Local Coastal Program Implementation
Plan) of the Code is hereby amended to read as follows:
Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District
Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV,
OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St.,
MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and
TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30
Property Development Standards
21.30A
Public Access and Recreation
21.30B
Habitat Protection
21.30C
Harbor and Bay Regulations
21.35
Water Quality Control
21.38
Nonconforming Uses and Structures
21.40
Off -Street Parking
21.44
Transportation and Circulation
21.46
Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
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21.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62
Public Hearings
21.64
Appeals and Calls for Review
21.68
Enforcement
21.70 Definitions
21.80 Maps
Part 7. Definitions
Part 8. Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
Section 2: Subsection (A) of Section 21.10.030 (Authority —Relationship to Coastal
Land Use Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan)
of Title 21 of the Code is hereby amended to read as follows:
A. Authority. This Implementation Plan is adopted pursuant to the authority contained
in Cal. Gov. Code Section 65850 et seq., Division 20 of the Cal. Pub. Resources Code
(California Coastal Act), and 14 CCR Section 13001 et seq. (California Coastal
Commission Regulations).
Section 3: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals
May Be Required) of Chapter 21.16 (Development and Land Use Approval
Requirements) of Title 21 of the Code is hereby amended to read as follows:
(A)(1) Other provisions of this Code (e.g., conditional use permits, minor use permits,
limited -term permits, site development review, zoning clearances, building permits,
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grading permits, other construction permits, live entertainment permit, or a business
license); or
Section 4: Table 21.18-4 Notes (7) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Chapter 21.18 (Residential Coastal
Zoning District (R-A, R-1, R-BI, R-2, and RM)) of Title 21 of the Code is hereby
amended to incorporate the suggested modifications from the California Coastal
Commission and reads as follows:
(7) Density bonuses may be granted in compliance with Chapter 21.32 (Density
Bonus).
Section 5: Footnote (6) of Table 21.22-3 of Section 21.22.030 (Mixed -Use Coastal
Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal
Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 of the
Code is hereby amended to incorporate the suggested modifications from the California
Coastal Commission and reads as follows::
(6) Density bonuses may be granted in compliance with Chapter 21.32 (Density
Bonus).
Section 6: Footnote (7) of Table 21.22-4 of Subsection (C) of Section 21.22.030
(Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22
(Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-
W2)) of Title 21 of the Code is hereby amended to incorporate the suggested
modifications from the California Coastal Commission and reads as follows:
(7) Density bonuses may be granted in compliance with Chapter 21.32 (Density
Bonus).
Section 7: Subsection (C)(2) of Section 21.26.045 (Planned Community Coastal
Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts
(OS, PC, PF, PI, PR, AND TS)) of Title 21 of the Code is hereby amended to read as
follows:
(C)(2) Subject to approval of the Community Development Director after a
determination that the parking provided is adequate to serve demand and that the uses
will not adversely impact other land uses in the area.
Section 8: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park
(MHP) Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning
Districts (MHP, PM, B, C and H)) of Title 21 of the Code are hereby amended to read as
follows:
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(A)(1) Mobile Home Parks. Mobile home parks as regulated by the State of California
pursuant to the Mobile Home Parks Act (Cal. Health & Saf. Code Section 18300) and
the California Coastal Act (Cal. Pub. Resources Code Division 20).
(C)(3) A mobile home park phase out plan and report on the impact of conversion,
closure, or cessation of the use on the displaced residents of the mobile home park has
been prepared, reviewed, and found to be acceptable and consistent with the provisions
of the Cal. Gov. Code.
Section 9: Subsections (13)(1)(b) and (13)(5) of Section 21.30.105 (Cultural Resource
Protection) of Chapter 21.30 (Property Development Standards) of Title 21 of the Code
are hereby amended to read as follows:
(13)(1)(b) A site where evidence of potentially significant historical resources is found in
an initial study conducted in compliance with the California Environmental Quality Act
(CEQA) (Cal. Pub. Resources Code Section 21000 et seq.).
(13)(5) Offer for Relocation of Historic Structure. Before issuance of a permit by the
Community Development Director for the demolition of an historic structure the
applicant shall first offer the structure for relocation by interested parties.
Section 10: Subsection (13)(1) of Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title
21 of the Code is hereby amended to read as follows:
(13)(1) Land Use. The project's impact on use of private lands suitable for visitor -serving
commercial recreational facilities designed to enhance public opportunities for coastal
recreation and other priority uses specified in Cal. Pub. Resources Code Sections
30222 and 30223.
Section 11: Subsection (13)(1) of Section 21.30B.040 (Wetlands, Deepwater Areas,
and Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 of the Code
is hereby amended to read as follows:
(13)(1) Methodology. Wetland delineations shall be conducted in accordance with the
definitions of wetland boundaries contained in 14 CCR Section 13577(b).
Section 12: Subsection (D) of Section 21.30C.070 (Dredging Permits) of Chapter
21.30C (Harbor and Bay Regulations) of Title 21 of the Code is hereby amended to
read as follows:
D. Limits on Development and Uses. Development involving diking, filling, or dredging
of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with
Section 30233 of the Cal. Pub. Resources Code (Coastal Act) and Section
21.30B.040(E)(2).
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Section 13: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of
Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Title 21 of the Code
is hereby deleted in its entirety.
Section 14: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter
21.38 (Nonconforming Uses and Structures) of Title 21 of the Code is hereby amended
to read as follows:
(D)(3) Any permit required by other titles of this Code (other than this title) shall be
obtained before the initiation or intensification of an accessory use of a landmark
structure;
Section 15: Subsection (C) of Section 21.44.045 (Vacations and Abandonments) of
Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code is hereby
amended to read as follows:
C. Procedure. Vacations and abandonments shall be processed by filing an application
for vacation or abandonment pursuant to Cal. Sts. & Hy. Code Sections 8300 through
8363 and by filing an application for a coastal development permit pursuant to Chapters
21.50 and 21.52.
Section 16: Subsections (A) and (B) of Section 21.44.055 (Temporary Street
Closures) of Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code are
hereby amended to read as follows:
A. General. Temporary closing of portions of any street for celebrations, parades,
local special events, and other purposes when necessary for public safety shall be
permitted pursuant to Section 21101 of the Cal. Veh. Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of
no more than twenty-four (24) hours during the Independence Day holiday shall be
permitted when, in the opinion of the Police Chief, the closure is necessary to protect
the public safety. In no event shall any street closure prevent or interfere with the
public's access to the beach or bay.
Section 17: Subsections (A), (13)(4), and (J) of Section 21.48.200 (Accessory Dwelling
Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 of the Code are
hereby amended to incorporate the suggested modifications from the California Coastal
Commission and read as follows:
A. Purpose. The purpose of this section is to establish the procedures for the creation
of accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(Definitions) of this title and in Cal. Gov. Code Sections 66310 and 66342, or any
successor statute, in areas designated for residential use, including as part of a planned
community development plan or specific plan, and to provide development standards to
ensure the orderly development of these units in appropriate areas of the City.
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(13)(4) Required to correct legally established nonconforming zoning conditions, building
code violations, or unpermitted structures that do not present a threat to public health
and safety and are not affected by the construction of the accessory dwelling unit or
junior accessory dwelling unit. This does not prevent the City from enforcing compliance
with applicable building standards in accordance with Cal. Health & Saf. Code Section
17980.12.
K. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units
proposed on residential or mixed -use properties that are determined to be historic shall
be approved ministerially, in conformance with Cal. Gov. Code Sections 66310 and
66342. However, any accessory dwelling unit or junior accessory dwelling unit that is
listed on the California Register of Historic Resources shall meet all Secretary of the
Interior standards, as applicable.
Section 18: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49
(Wireless Telecommunications Facilities) of Title 21 of the Code is hereby amended to
read as follows:
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary
purpose of supporting antennas used to provide wireless services authorized by the
FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission on a water tower, utility tower, streetlight, or other structures built or rebuilt
or replaced primarily for a purpose other than supporting wireless services authorized
by the FCC, including any structure installed pursuant to Cal. Pub. Util. Code Section
7901, is not a wireless tower for purposes of this definition. For an example only, a
prior -existing streetlight standard which is replaced with a new streetlight standard to
permit the addition of antennas shall not be considered a wireless tower, but rather a
replacement streetlight standard.
Section 19: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050
(General Development and Design Standards) of Chapter 21.49 (Wireless
Telecommunications Facilities) of Title 21 of the Code are hereby amended to read as
follows:
(F)(3)(b) New or replacement vertical structures may be allowed when authorized by
this Code and approved by the Public Works Department. Replacement poles or
streetlights shall be consistent with the size, shape, style, and design of the existing
pole, including any attached light arms. New poles or streetlights may be installed,
provided they match existing or planned poles within the area.
(F)(6)(b)(i) Where existing utilities services (e.g., telephone, power, cable TV) are
located underground, the support equipment shall be placed underground if required by
other provisions of this Code. Flush -to -grade underground vault enclosures, including
flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above
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the finished grade and are screened from public view, may be incorporated. Electrical
meters required for the purpose of providing power for the proposed telecom facility
may be installed above ground on a pedestal in a public right-of-way provided they meet
applicable standards of Title 13 unless otherwise precluded by this Code.
(J)(2) All graffiti on any components of the telecom facility shall be removed promptly in
accordance with this Code.
Section 20: Footnote (7) of Table 21.50-1 (Review Authority) of Section 21.50.020
(Authority for Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of
Title 21 of the Code is hereby amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as
described in Cal. Pub. Resources Code Section 30519(b) and in deferred certification
areas designated by the Local Coastal Program shall require a permit issued by the
Coastal Commission in accordance with procedures specified by the Coastal
Commission, in addition to other permits or approvals required by the City.
Section 21: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by
Jurisdictional Boundaries) of Chapter 21.50 (Permit Application Filing and Processing)
of Title 21 of the Code are hereby amended to read as follows:
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed
development is located within both the Coastal Commission's and City's coastal
development permit jurisdictions, coastal development permits are required by both the
City and the Coastal Commission. Alternatively, if the applicant, the City and the
Coastal Commission agree, the Coastal Commission can process a consolidated
coastal development permit application pursuant to the procedures in Cal. Pub.
Resources Code Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project
straddles the boundaries of the City and another local government, the applicant must
obtain separate coastal permits from each jurisdiction. An exception is possible for
public agencies that, pursuant to Cal. Pub. Resources Code Section 30605, may obtain
one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued
coastal permits.
Section 22: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development
Review Procedures) of Title 21 of the Code is hereby amended to read as follows:
This chapter provides procedures to ensure that all public and private development in
the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the
Cal. Pub. Resources Code) as amended, in accordance with the City's Local Coastal
Land Use Plan and the City's Local Coastal Program. The provisions of this chapter
shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the
provisions of this chapter, and as applicable the Coastal Act and regulations, shall be
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utilized to determine whether or not a proposal in the City's permitting jurisdiction
constitutes development and whether or not that development requires a coastal
development permit or is exempt. No provision contained in any other chapter of the
Implementation Plan, nor in any other City policy or regulations, shall be used in such
determinations.
Section 23: Subsections (13)(1) and (H) of Section 21.52.015 (Coastal Development
Permits) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the
Code are hereby amended to read as follows:
(13)(1) Coastal Development Permit Issued by the Coastal Commission. Developments
on tidelands, submerged lands, and public trust lands as described in Cal. Pub.
Resources Code Section 30519(b) and in deferred certification areas designated by the
certified Local Coastal Program require a permit or exemption issued by the Coastal
Commission in accordance with the procedure as specified by the Coastal Act. Areas of
Coastal Commission permit jurisdiction and deferred certification areas are generally
depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final
local action on an exemption or coastal development permit application and meeting the
requirements of 14 CCR Section 13570, a notice of its final action shall be sent, by first
class mail, to the applicant, the Coastal Commission, and any persons who specifically
request such notice by submitting a self-addressed, stamped envelope to the City. Such
notice shall be accompanied by a copy of the exemption, denial, or coastal development
permit approval with conditions of approval and written findings and the procedures for
appeal of the action to the Coastal Commission.
Section 24: Subsections (C) introductory paragraph, (C)(1)(d)(i), (C)(2)(d)(i), (C)(4)(d),
and (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21
of the Code are hereby amended to read as follows:
C. Coastal Act Exemptions. Developments not located within the Coastal
Commission's permit jurisdiction determined to be exempt from the coastal
development permit requirements pursuant to Cal. Pub. Resources Code Section
30610. The following types of projects shall be so exempted unless they involve a risk
of adverse environmental effects:
(C)(1)(d)(i) An increase of ten (10) percent or more of the floor area of existing
structure(s) on the building site or an additional improvement of ten (10) percent or less
where an improvement to the structure has previously been undertaken pursuant to Cal.
Pub. Resources Code Section 30610(a) and/or this subsection.
(C)(2)(d)(i) An increase of ten (10) percent or more of the internal floor area of existing
structure(s) on the building site or an additional improvement of ten (10) percent or less
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where an improvement to the structure has previously been undertaken pursuant to Cal.
Pub. Resources Code Section 30610(a) and/or this subsection.
(C)(4)(d) Unless destroyed by disaster, the replacement of fifty (50) percent or more of a
single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any
other structure is not repair and maintenance under Cal. Pub. Resources Code Section
30610(d) but instead constitutes a replacement structure requiring a coastal
development permit.
(C)(7) Time -Share Conversions. Any activity anywhere in the coastal zone that involves
the conversion of any existing multiple -unit residential structure to a time-share project,
estate, or use, as defined in Section 11003.5 of the Cal. Bus.& Prof. Code. If any
improvement to an existing structure is otherwise exempt from the permit requirements
of this part, no coastal development permit shall be required for that improvement on
the basis that it is to be made in connection with any conversion exempt pursuant to this
subsection. The division of a multiple -unit residential structure into condominiums, as
defined in Section 783 of the Cal. Civ. Code, shall not be considered a time-share
project, estate, or use for purposes of this subsection.
Section 25: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal
Development Review Procedures) of Title 21 of the Code is hereby amended to read as
follows:
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a
categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub.
Resources Code Sections 30610(e) or 30610.5 and 14 CCR Section 13215 et seq. and
14 CCR Section 240 et seq. Records of such categorical exclusions shall be kept on file
with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal
Commission and to any person who has requested such notice within five (5) business
days of issuance. The notice of exclusion may be issued at the time of project
application but shall not become effective until all other approvals and permits required
for the project are obtained. A copy of all terms and conditions imposed by the City shall
be provided to the Coastal Commission, per 14 CCR Section 13315.
Section 26: Subsection (A) of Section 21.52.075 (Coastal Commission Review of
Recorded Access Documents) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 of the Code introductory paragraph is hereby amended to read
as follows:
A. Standards and Procedures. Upon final approval of a coastal development permit
or other authorization for development, and where issuance of the permit or
authorization is conditioned upon the applicant recording a legal document which
restricts the use of real property or which offers to dedicate or grant an interest or
easement in land for public use, a copy of the permit conditions, findings of approval,
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and drafts of any legal documents proposed to implement the conditions shall be
forwarded to the Coastal Commission for review and approval prior to the issuance of
the permit consistent with the following procedures and 14 CCR Section 13574:
Section 27: Subsection (B) of Section 21.54,030 (Effective Date of Permits — Notice of
Final Action) of Chapter 21.54 (Permit Implementation, Time Limits, and Extensions) of
Title 21 of the Code is hereby amended to read as follows:
B. Notice of Final Action. Final City action on permits for sites located within the
City's coastal zone shall be documented by the notice of final local action which the City
sends to the Coastal Commission within seven days of the City's final action on a CDP
application and compliance with 14 CCR Section 13570.
Section 28: Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 of the Code is hereby amended to read as
follows:
A final action taken by the City on a coastal development permit application for
appealable development as defined in subsection (A) of this section may be appealed to
the Coastal Commission in compliance with this section and 14 CCR Sections 13111
through 13120 and Coastal Act Section 30603. If there is any conflict between the
provisions of this section or 14 CCR Sections 13111 through 13120 and Section 30603
of the Coastal Act, 14 CCR Sections 13111 through 13120 and Section 30603 of the
Coastal Act shall control.
A. Appealable Development —Cal. Pub. Resources Code Section 30603(a). A
decision by the City on a coastal development permit application within the appeal
areas identified in Cal. Pub. Resources Code Section 30603(a) as generally depicted on
the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development
approved or denied by the City on a coastal development permit application for a project
that constitutes a major public works project or energy facility may be appealed to the
Coastal Commission.
B. Status of Appellant.
1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved
person, or two members of the Coastal Commission in compliance with Cal. Pub.
Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. Resources Code
Section 30801, an aggrieved person is any who, in person or through a
representative, appeared at a public hearing held before the Zoning
Administrator, Planning Commission, or Council in connection with the decision
or action appealed, or who, by other appropriate means prior to a hearing,
informed the City of the nature of their concerns or who for good cause was
unable to do either.
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C. Exhaustion of City Appeals Required. An applicant or other aggrieved person
may appeal a City decision on a coastal development permit application to the Coastal
Commission only after exhausting all appeals to the Planning Commission and Council
in compliance with this chapter. Exhaustion of all local appeals shall not apply to any
circumstance identified in 14 CCR Section 13573(a), including, but not limited to, the
following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter
because City notice and hearing procedures did not comply with 14 CCR Section
13573; or
2. The local government jurisdiction changes an appeal for the filing or
processing of appeals.
In addition, in accordance with 14 CCR Section 13573(b), there shall be no requirement
of exhaustion of local appeals when an appeal of a City decision is filed by two
members of the Coastal Commission in compliance with Cal. Pub. Resources Code
Section 30625. Notice of a Coastal Commissioners' appeal shall be transmitted to the
City in compliance with 14 CCR Section 13111(d). The Director may transmit the
Commissioners' appeal to the local appellate body (which considers appeals from the
local body that rendered the final decisions subject to the Commissioner appeal), and
the Commissioners' appeal may be suspended pending a decision on the merits by that
local appellate body. If the final action by an appellate body modifies or reverses the
previous decision, the Coastal Commissioners shall be required to file a new appeal
from that decision.
D. Grounds for Appeal to Coastal Commission —Cal. Pub. Resources Code Section
30603. The grounds for an appeal to the Coastal Commission of a City final action on a
coastal development permit application are as follows:
1. For approval of a coastal development permit as described in subsection (A)
of this section, an allegation that the project does not conform to the
standards of the Local Coastal Program or the public access policies of the
Coastal Act.
2. For denial of a development described in subsection (A) of this section, an
allegation that the project conforms to the standards of the Local Coastal
Program and the public access policies of the Coastal Act.
E. Notice of Final Action on Appeals within the Coastal Zone. Where a local appeal
has been filed and decided on a project that is appealable to the Coastal Commission in
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compliance with this section, the City shall provide notice of the final action (see also
the requirements of Section 21.52.015(H), Notice of Final Action).
F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a
Council decision on an appealable development shall be filed with the Coastal
Commission within ten (10) working days of the receipt by the Coastal Commission of
adequate notice of final City action, in compliance with this chapter and the Coastal Act.
The beginning of the ten (10) working day appeal period shall be established by Coastal
Commission staff.
G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the
applicant, any persons known to be interested in the application and the City of the filing
the appeal. Notification shall be by delivering a copy of the completed notice of appeal
to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such
notification shall be by such means as may reasonably advise said parties of the
pendency of the appeal. Unwarranted failure to perform such notification may be
grounds for dismissal of the appeal by the Commission.
Section 29: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68
(Enforcement) of Title 21 of the Code is hereby amended to read as follows:
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement
provisions contained in this chapter, the provisions of Cal. Pub. Resources Code
Division 20, Chapter 9 shall also apply with respect to violations and enforcement and
the City and the Commission shall have the enforcement powers described therein.
Section 30: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title
21 of the Code is hereby amended to read as follows:
This part provides definitions of terms and phrases used in this Implementation Plan
that are technical or specialized, or that may not reflect common usage. If the definitions
in this part conflict with definitions in other provisions of this Code, these definitions shall
control for the purposes of this Implementation Plan. If a word is not defined in this part,
or elsewhere in this Implementation Plan, the most common dictionary definition is
presumed to be correct.
As used in this Implementation Plan, the following terms and phrases shall have the
meaning ascribed to them in this part, unless the context in which they are used clearly
requires otherwise.
Section 31: The following definitions in Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 of the Code are hereby
amended to incorporate the suggested modifications from the California Coastal
Commission and read as follows:
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"Aggrieved person" means any person who, in person or through a representative,
appeared at a public hearing held before the Zoning Administrator, Planning
Commission, or Council in connection with the decision or action appealed, or who, by
other appropriate means prior to a hearing, informed the City of the nature of their
concerns or who for good cause was unable to do either (Cal. Pub. Resources Code
Section 30801).
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all
of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for
consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20
(off -sale beer and wine —package store) or License Type 21 (off -sale general —
package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food
products and the display area for alcoholic beverages does not exceed thirty (30)
percent of the net floor area of the use. Illustrative examples include drug stores,
grocery stores, and supermarkets, but do not include convenience markets.
"Review authority" means the individual or official City or State body identified by this
Implementation Plan as having the responsibility and authority to review and approve or
disapprove ministerial and discretionary permit applications described in this
Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning
Commission ("Commission"), the Community Development Director ("Director"), the
Zoning Administrator ("Zoning Administrator'), the Community Development Department
("Department"), the City Traffic Engineer, the Public Works Director and the California
Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated
by man for domestic or commercial purposes but kept for display. Includes an
animal that may be imported, transported, or possessed only by first obtaining a
California Department of Fish and Game Permit, as required in 14 CCR Section
671 (Importation, Transportation and Possession of Live Restricted Animals).
"Area median income" means the median income, adjusted for family size, applicable to
Orange County, established by the U.S. Department of Housing and Urban
Development, and published annually by the California Department of Community
Development in the 25 CCR Section 6932.
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"California Environmental Quality Act (CEQA)" means a State law (Cal. Pub. Resources
Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion
area boundary adopted in compliance with the California Coastal Act (Cal. Pub.
Resources Code Section 30000 et seq.).
"Categorical exclusion order' means a decision issued by the California Coastal
Commission in compliance with the Coastal Act (Cal. Pub. Resources Code Section
30610(e)), in which the Coastal Commission excludes certain categories of
development from requirements to obtain coastal development permits from the Coastal
Commission. A categorical exclusion order automatically terminates upon the effective
date of the delegation of development review authority to a local government in
compliance with 14 CCR Section 13249(b).
"Categorical exemption" means, as defined by 14 CCR Section 15354 of the State
CEQA Guidelines, an exemption from CEQA for a class of projects based on a finding
by the Secretary of Resources that the class of projects does not have a significant
effect on the environment.
"Coastal Commission" means the California Coastal Commission, the State agency
established by State law responsible for carrying out the provisions of the California
Coastal Act of 1976, as amended (Cal. Pub. Resources Code Section 30000 et seq.)
and for appellate review of decisions rendered by a City review authority.
"Coastal Commission exclusion areas" means the boundaries of the areas where a
category of development, or a category of development within a specifically defined
geographic area, is excluded from the coastal development permit requirements
pursuant to Cal. Pub. Resources Code Section 30610, which shall be established by the
terms and conditions applied to each categorical exclusion order by the Coastal
Commission.
"Coastal Commission permit jurisdiction" means the boundaries of tidelands,
submerged lands, and public trust lands described in Section 30519(b) of the Cal. Pub.
Resources Code where the Coastal Commission retains permit jurisdiction.
"Coastal -dependent development or use" means any development or use which
requires a site on, or adjacent to, the sea to be able to function at all (from Cal. Pub.
Resources Code Section 30101).
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"Coastal development permit (CDP)" means a permit for any development within the
coastal zone that is required pursuant to subdivision (a) of Cal. Pub. Resources Code
Section 30600.
"Coastal -related development or use" means any development or use that is dependent
on a coastal -dependent development or use (from Cal. Pub. Resources Code Section
30101.3).
"Coastal zone" means the geographic zone adjacent to the shoreline, the land and
water area boundaries of which are determined by the California Coastal Act of 1976, as
amended (Cal. Pub. Resources Code Section 30000 et seq.).
"Code" means the Newport Beach Municipal Code.
"Condominium" means a form of property ownership providing for individual ownership
of space in a structure together with an individual interest in the land or other parts of
the structure in common with other owners. Includes a condominium project, community
apartment project, or stock cooperative, as defined in Cal. Civ. Code Section 1351.
"Density bonus" means a density increase over the maximum allowable density under
the applicable coastal zoning district and Coastal Land Use Plan as of the date of
application.
"Development" means on land, in or under water, the placement or erection of solid
material or a structure; discharge or disposal of dredged material or of gaseous, liquid,
solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials;
change in the density or intensity of use of land, including, but not limited to, subdivision
in compliance with the Subdivision Map Act (commencing with Cal. Gov. Code Section
66410), and another division of land, including lot splits, except where the land division
is brought about in connection with the purchase of the land by a public agency for
public recreational use; change in the intensity of use of water, or of access thereto;
construction, reconstruction, demolition, or alteration of the size of a structure, including
a facility of a private, public, or municipal utility; and the removal or harvesting of major
vegetation other than for agricultural purposes and kelp harvesting.
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached
to, detached from, or contained within the principal dwelling unit on a site zoned for
residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007.
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"Emergency" means any sudden, unexpected occurrence demanding immediate action
to prevent or mitigate loss of or damage to life, health, property or essential public
services as used in Cal. Pub. Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health & Saf. Code Section
50801(e), a facility with minimal supportive services for homeless persons.
"Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub. Resources
Code Section 30107.5 means an area in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature or role in an ecosystem
and which could be easily disturbed or degraded by human activities and developments.
"Explosives" means a substance defined as an explosive by Cal. Health & Saf. Code
Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf.
Code. See also "Hazardous materials."
"General Plan" means the City of Newport Beach General Plan, and all amendments
thereto, as adopted by the City Council under the provisions of Cal. Gov. Code Section
65300 et seq., and referred to in this Implementation Plan as the "General Plan."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act,
Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4,
Chapter 3 (Cal. Gov. Code Section 66410 et seq.), that is used to complete the
subdivision of five (5) or more lots. See also "Parcel map" and "Tentative map."
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov. Code
Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two
or more existing adjacent lots, where land taken from one lot is added to an adjacent lot
and where no more lots are created than originally existed.
"Major energy facility" means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or
other source of energy which exceeds one hundred thousand dollars ($100,000) in its
estimated cost of construction with an automatic increase in accordance with the
Engineering News Record Construction Cost Index, except for those governed by the
provisions of Cal. Pub. Resources Code Section 30610, 30610.5, 30611 or 30624.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article
3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a
subdivision of four (4) or fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
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2. "Recreation, passive" means a type of outdoor recreation or activity that can
be carried out with little alteration or improvement to existing topography of a site, with
the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking,
jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been
convicted of a federal crime, sentenced to a United States prison, and received
conditional and revocable release in the community under the supervision of a federal
parole officer; (2) any individual who has served a term of imprisonment in a State
prison and who is serving a period of supervised community custody, as defined in Cal.
Pen. Code Section 3000, and is under the jurisdiction of the California Department of
Corrections, Parole and Community Services Division; (3) an adult or juvenile
sentenced to a term in the California Youth Authority and who has received conditional
and revocable release in the community under the supervision of a Youth Authority
Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to
any correctional facility, including County correctional facilities, and is under the
jurisdiction of any federal, State, or County parole or probation officer. For the purposes
of this definition, "felony" means a felony as defined by any California or United States
statute.
"Public trust lands" means all lands subject to the Common Law Public Trust for
commerce, navigation, fisheries, recreation, and other public purposes. Public trust
lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and
historic tidelands and submerged lands that are presently filled or reclaimed and which
were subject to the public trust at any time (14 CCR Section 13577). See "Submerged
lands" and "Tidelands."
"Senior citizen housing development" means a residential development developed,
substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons
fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and
that conforms to Cal. Civ. Code Section 51.3(b)(4).
"Specific plan" means, under Cal. Gov. Code Section 65450 et seq., a policy statement
and implementation tool adopted by the City Council that addresses a single project or
planning problem. A specific plan may include detailed regulations, conditions,
programs, and/or proposed legislation that may be necessary or convenient for the
systematic implementation of a General Plan element(s).
"Subdivision" means the division by any subdivider of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as contiguous
units even if it is separated by roads, streets, utility easement or railroad rights -of -way.
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Subdivision includes a condominium project, as defined in Cal. Civ. Code Section 1351
(f), a community apartment project, as defined in Cal. Civ. Code Section 1351 (D), or the
conversion of five (5) or more existing dwelling units to a stock cooperative, as defined
in Cal. Civ. Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map
Act.]
"Subdivision Map Act" means Division 2, Title 7 of the Cal. Gov. Code, commencing with
Section 66410, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR
Section 13577). See "Public trust lands."
"Supportive housing" means housing with no limit on length of stay, that is occupied by
the target population, as defined by Cal. Health & Saf. Code Section 53260 (d), and that
is linked to on -site or off -site services that assist the tenant to retain the housing,
improve his or her health status, maximize their ability to live and, when possible, to
work in the community. Supportive housing that is provided in single-, two-, or multi-
family dwelling units, group residential, parolee -probationer home, residential care
facilities, or boarding house uses shall be permitted, conditionally permitted or
prohibited in the same manner as the other single-, two- or multi -family dwelling units,
group residential, parolee -probationer home, residential care facilities, or boarding
house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision
Map Act (Cal. Gov. Code Section 66410 et seq.) that specifies the conditions that must
be satisfied and the details that must be provided before approval of a final map. See
also "Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean
low tide (14 CCR Section 13577). See "Public trust lands."
Visitor Accommodations (Land Use).
4. "Hotel' means an establishment that provides guest rooms or suites for a fee
to transient guests for sleeping purposes. Access to units is primarily from interior
lobbies, courts, or halls. Related accessory uses may include conference and
meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or
may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks,
stoves, and ovens). Hotels with kitchen facilities are commonly known as
extended stay hotels. A hotel operates subject to taxation under Cal. Rev. & Tax.
Code Section 7280.
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5. "Motel" means an establishment that provides guest rooms for a fee to
transient guests for sleeping purposes. Guest rooms do not contain kitchen
facilities. A motel is distinguished from a hotel primarily by direct independent
access to, and adjoining parking for, each guest room. A motel operates subject
to taxation under Cal. Rev. & Tax. Code Section 7280.
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EXHIBIT "B"
FINDINGS IN SUPPORT OF LCP AMENDMENT (PA2022-0219)
An amendment to Title 21 (Planning and Zoning) of the NBMC is a legislative act. There
are no required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the LCP Amendment is consistent with the City
Council's initiation and allows for orderly residential development while protecting
property rights, as identified below.
1. The LCP Amendment does not in any way impact coastal access or coastal
resources. The LCP Amendment simply eliminates conflicting provisions,
standardizing provisions throughout, streamlines processes, and generally
eliminates outdated information.
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Attachment B
Ordinance No. 2023-22
This attachment is provided digitally due to bulk at the following link:
https.//ecros. newportbeachca. gov/WEB/DocView. aspx?id=2930074&dbid=0&repo=CNB
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Attachment C
Resolution No. 2023-76
23-31
RESOLUTION NO. 2023-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
THE COMPREHENSIVE MUNICIPAL CODE UPDATE
(PA2022-0219)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a Local Coastal Program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach LCP Coastal
Land Use Plan, as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) ("Title 21") of the City of Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, on September 13, 2022, the City Council adopted Resolution No.
2022-58 establishing the Municipal Code Review Ad Hoc Committee to review and make
recommended revisions to the NBMC and Council Polices;
WHEREAS, the City Council further directed board and commissions, including the
Planning Commission, to establish ad hoc committees to review the NBMC and City Council
Policies within that particular body's area of expertise to comprehensively review and amend
the NBMC to reduce regulations, streamline processes, and generally eliminate outdated
information;
';itv of Ne,wpoft Beat_ 2332
Resolution No. 2023-76
Page 2 of 5
WHEREAS, at its August 3, 2023, meeting, the Planning Commission ad hoc
committee recommended revisions to Title 19 (Subdivisions), Title 20 (Planning and Zoning)
("Zoning Code Amendment") and Title 21 (Local Coastal Program Implementation Plan)
("Local Coastal Program Amendment") of the NBMC in accordance with the Council's
direction which include:
• Report of Residential Building Records — Make the existing mandatory process
voluntary;
• Tentative Parcel Map Review — Eliminate the public hearing requirements for parcel
maps for condominium purposes;
• Bluff Overlay District — Eliminate conflicting code provisions by deleting the bluff
overlay areas in Title 20 that are included in Title 21;
• Take -Out Service — Fast -Casual — Change threshold for when a fast -casual take-out
restaurant with no late hours requires a minor use permit (discretionary review); and
• Conversion or Demolition of Affordable Housing — Eliminate Chapters 20.34 and
21.34 as they are no longer applicable to the City;
WHEREAS, additional revisions were incorporated into the Zoning Code
Amendment and Local Coastal Program Amendment that eliminate conflicting review
authority for reasonable accommodations and modify the review authority for alcohol sales
with late hours;
WHEREAS, the Planning Commission held a duly noticed public hearing on
October 19, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-039 by a unanimous vote (5 ayes, 0 nays)
recommending approval of the Zoning Code Amendment and Local Coastal Program
Amendment to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment
were made available and a Notice of Availability was distributed at least six weeks prior
to the final action date; and
Citvof Npiwpoft Beal 23-33
Resolution No. 2023-76
Page 3of5
WHEREAS, the City Council held a duly noticed public hearing on November 14,
2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit the Local Coastal
Program Amendment as set forth in Exhibit "A," based upon the Facts in Support of Local
Coastal Program Amendment set forth in Exhibit "B," both of which are attached hereto
and incorporated by reference, to the California Coastal Commission.
Section 2: This Local Coastal Program Amendment shall not become effective
until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be
carried out in full conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
City of Newport Beach ,,,,
Resolution No. 2023-76
Page 4 of 5
Section 6: The City Council finds this Local Coastal Program Amendment is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"), because it has no potential for resulting in physical
change to the environment, directly or indirectly. The Local Coastal Program Amendment
simply creates consistency throughout the NBMC by eliminating conflicting provisions,
standardizing provisions throughout, reducing regulations, streamlining processes, and
generally eliminating outdated information.
The City Council also finds this Local Coastal Program Amendment is exempt
categorically from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in
Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment. The Class 5 exemption allows minor alterations in land
use limitations in areas with an average slope of less than twenty percent, which do not
result in any changes in land use or density. As stated above, the Local Coastal Program
Amendment creates consistency throughout the NBMC by eliminating conflicting
provisions, standardizing provisions throughout, reducing regulations, streamlining
processes, and generally eliminating outdated information.
The exceptions to this categorical exemption under Section 15300.2 are not applicable. The
affected location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
City of Newport Beach ,,,,
Resolution No. 2023-76
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of November, 2C��
ATTEST:
Leilani I. Brown
-
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron 6. Harp
City Attorney
Attachment(s): Exhibit A — Local Coastal Program Amendment (PA2022-0219)
Exhibit B — Facts in Support of Local Coastal Program Amendment
(PA2022-0219)
City of Newport Beach ,,,s
Exhibit "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2022-0219)
Section 1: The Table of Contents for Title 21 (Local Coastal Program Implementation
Plan) of the Code is hereby amended to read as follows:
Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District
Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV,
OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St.,
MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and
TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A Public Access and Recreation
21.30B Habitat Protection
21.30C Harbor and Bay Regulations
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off -Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
� o l Nuvvport Beach
23-37
Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62
Public Hearings
21.64
Appeals and Calls for Review
21.68
Enforcement
21.70 Definitions
21.80 Maps
Part 7. Definitions
Part 8. Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
Section 2: Subsection (A) of Section 21.10.030 (Authority —Relationship to Coastal
Land Use Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan)
of Title 21 of the Code is hereby amended to read as follows:
A. Authority. This Implementation Plan is adopted pursuant to the authority contained
in Cal. Gov. Code Section 65850 et seq., Division 20 of the Cal. Pub. Resources Code
(California Coastal Act), and 14 CCR Section 13001 et seq. (California Coastal
Commission Regulations).
Section 3: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals
May Be Required) of Chapter 21.16 (Development and Land Use Approval
Requirements) of Title 21 of the Code is hereby amended to read as follows:
(A)(1) Other provisions of this Code (e.g., conditional use permits, minor use permits,
limited -term permits, site development review, zoning clearances, building permits,
i;it� of Newpoft Bea(,.- 2338
grading permits, other construction permits, live entertainment permit, or a business
license); or
Section 4: Table 21.18-4 Notes (7) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning
District (R-A, R-1, R-BI, R-2, and RM)) of Title 21 of the Code is hereby amended to read
as follows:
(7) Density bonuses may be granted for the development of housing that is affordable
to lower-, low-, and moderate -income households and senior citizens in compliance with
Cal. Gov. Code Sections 65915 through 65917. Any housing development approved
pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent
feasible, and in a manner most protective of coastal resources, with all otherwise
applicable Local Coastal Program policies and development standards.
Section 5: Footnote (6) of Table 21.22-3 of Section 21.22.030 (Mixed -Use Coastal
Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal
Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 of the
Code is hereby amended to read as follows:
(6) Density bonuses may be granted for the development of housing that is affordable
to lower-, low-, and moderate -income households and senior citizens in compliance with
Cal. Gov. Code Sections 65915 through 65917. Any housing development approved
pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent
feasible, and in a manner most protective of coastal resources, with all otherwise
applicable Local Coastal Program policies and development standards.
Section 6: Footnote (7) of Table 21.22-4 of Subsection (C) of Section 21.22.030
(Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22
(Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-
W2)) of Title 21 of the Code is hereby amended to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable
to lower-, low-, and moderate -income households and senior citizens in compliance with
Cal. Gov. Code Sections 65915 through 65917. Any housing development approved
pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent
feasible, and in a manner most protective of coastal resources, with all otherwise
applicable Local Coastal Program policies and development standards.
Section 7: Subsection (C)(2) of Section 21.26.045 (Planned Community Coastal
Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts
(OS, PC, PF, PI, PR, AND TS)) of Title 21 of the Code is hereby amended to read as
follows:
i;it� of Newport Bear 23.39
(C)(2) Subject to approval of the Community Development Director after a determination
that the parking provided is adequate to serve demand and that the uses will not adversely
impact other land uses in the area.
Section 8: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park
(MHP) Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning
Districts (MHP, PM, B, C and H)) of Title 21 of the Code are hereby amended to read as
follows:
(A)(1) Mobile Home Parks. Mobile home parks as regulated by the State of California
pursuant to the Mobile Home Parks Act (Cal. Health & Saf. Code Section 18300) and the
California Coastal Act (Cal. Pub. Resources Code Division 20).
(C)(3) A mobile home park phase out plan and report on the impact of conversion, closure,
or cessation of the use on the displaced residents of the mobile home park has been
prepared, reviewed, and found to be acceptable and consistent with the provisions of the
Cal. Gov. Code.
Section 9: Subsections (13)(1)(b) and (13)(5) of Section 21.30.105 (Cultural Resource
Protection) of Chapter 21.30 (Property Development Standards) of Title 21 of the Code
are hereby amended to read as follows:
(13)(1)(b) A site where evidence of potentially significant historical resources is found in
an initial study conducted in compliance with the California Environmental Quality Act
(CEQA) (Cal. Pub. Resources Code Section 21000 et seq.).
(B)(5) Offer for Relocation of Historic Structure. Before issuance of a permit by the
Community Development Director for the demolition of an historic structure the applicant
shall first offer the structure for relocation by interested parties.
Section 10: Subsection (13)(1) of Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title
21 of the Code is hereby amended to read as follows:
(13)(1) Land Use. The project's impact on use of private lands suitable for visitor -serving
commercial recreational facilities designed to enhance public opportunities for coastal
recreation and other priority uses specified in Cal. Pub. Resources Code Sections 30222
and 30223.
Section 11: Subsection (13)(1) of Section 21.30B.040 (Wetlands, Deepwater Areas, and
Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 of the Code is
hereby amended to read as follows:
(13)(1) Methodology. Wetland delineations shall be conducted in accordance with the
definitions of wetland boundaries contained in 14 CCR Section 13577(b)
('-,it,v of Newpoft Beal, 23_40
Section 12: Subsection (D) of Section 21.30C.070 (Dredging Permits) of Chapter
21.30C (Harbor and Bay Regulations) of Title 21 of the Code is hereby amended to read
as follows:
D. Limits on Development and Uses. Development involving diking, filling, or dredging of
open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the
Section 30233 of the Cal. Pub. Resources Code (Coastal Act) and Section
21.30B.040(E)(2).
Section 13: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Chapter
21.34 (Conversion or Demolition of Affordable Housing) of Title 21 of the Code is hereby
deleted in its entirety.
Section 14: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter
21.38 (Nonconforming Uses and Structures) of Title 21 of the Code is hereby amended
to read as follows:
(D)(3) Any permit required by other titles of this Code (other than this title) shall be
obtained before the initiation or intensification of an accessory use of a landmark
structure,
Section 15: Subsection (C) of Section 21.44.045 (Vacations and Abandonments) of
Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code is hereby amended
to read as follows:
C. Procedure. Vacations and abandonments shall be processed by filing an application
for vacation or abandonment pursuant to Cal. Sts. & Hy. Code Sections 8300 through
8363 and by filing an application for a coastal development permit pursuant to Chapters
21.50 and 21.52.
Section 16: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures)
of Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code are hereby
amended to read as follows:
A. General. Temporary closing of portions of any street for celebrations, parades, local
special events, and other purposes when necessary for public safety shall be permitted
pursuant to Section 21101 of the Cal. Veh. Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of
no more than twenty-four (24) hours during the Independence Day holiday shall be
permitted when, in the opinion of the Police Chief, the closure is necessary to protect the
public safety. In no event shall any street closure prevent or interfere with the public's
access to the beach or bay.
Citv of Newport Bear 23_41
Section 17: Subsections (A), (B)(4), and (J) of Section 21.48.200 (Accessory Dwelling
Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 of the Code are
hereby amended to read as follows:
A. Purpose. The purpose of this section is to establish the procedures for the creation
of accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(Definitions) of this title and in Cal. Gov. Code Sections 65852.2 and 65852.22, in areas
designated for residential use, including as part of a planned community development
plan or specific plan, and to provide development standards to ensure the orderly
development of these units in appropriate areas of the City.
(B)(4) Required to correct a legally established nonconforming zoning condition. This
does not prevent the City from enforcing compliance with applicable building standards
in accordance with Cal. Health & Saf. Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units
proposed on residential or mixed -use properties that are determined to be historic shall
be approved ministerially, in conformance with Cal. Gov. Code Sections 65852.2 and
65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is
listed on the California Register of Historic Resources shall meet all Secretary of the
Interior standards, as applicable.
Section 18: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49
(Wireless Telecommunications Facilities) of Title 21 of the Code is hereby amended to
read as follows:
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary
purpose of supporting antennas used to provide wireless services authorized by the FCC.
A distributed antenna system (DAS) installed pursuant to a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities Commission
on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced
primarily for a purpose other than supporting wireless services authorized by the FCC,
including any structure installed pursuant to Cal. Pub. Util. Code Section 7901, is not a
wireless tower for purposes of this definition. For an example only, a prior -existing
streetlight standard which is replaced with a new streetlight standard to permit the addition
of antennas shall not be considered a wireless tower, but rather a replacement streetlight
standard.
Section 19: Subsections (17)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General
Development and Design Standards) of Chapter 21.49 (Wireless Telecommunications
Facilities) of Title 21 of the Code are hereby amended to read as follows:
(F)(3)(b) New or replacement vertical structures may be allowed when authorized by
this Code and approved by the Public Works Department. Replacement poles or
streetlights shall be consistent with the size, shape, style, and design of the existing pole,
C_Jtv of Ivwport Bea(,.-
23-42
including any attached light arms. New poles or streetlights may be installed, provided
they match existing or planned poles within the area.
(F)(6)(b)(i) Where existing utilities services (e.g., telephone, power, cable TV) are located
underground, the support equipment shall be placed underground if required by other
provisions of this Code. Flush -to -grade underground vault enclosures, including flush -to -
grade vents, or vents that extend no more than twenty-four (24) inches above the finished
grade and are screened from public view, may be incorporated. Electrical meters required
for the purpose of providing power for the proposed telecom facility may be installed
above ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by this Code.
(J)(2) All graffiti on any components of the telecom facility shall be removed promptly in
accordance with this Code.
Section 20: Footnote (7) of Table 21.50-1 (Review Authority) of Section 21.50.020
(Authority for Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of
Title 21 of the Code is hereby amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described
in Cal. Pub. Resources Code Section 30519(b) and in deferred certification areas
designated by the Local Coastal Program shall require a permit issued by the Coastal
Commission in accordance with procedures specified by the Coastal Commission, in
addition to other permits or approvals required by the City.
Section 21: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by
Jurisdictional Boundaries) of Chapter 21.50 (Permit Application Filing and Processing) of
Title 21 of the Code are hereby amended to read as follows:
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed
development is located within both the Coastal Commission's and City's coastal
development permit jurisdictions, coastal development permits are required by both the
City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal
Commission agree, the Coastal Commission can process a consolidated coastal
development permit application pursuant to the procedures in Cal. Pub. Resources Code
Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles
the boundaries of the City and another local government, the applicant must obtain
separate coastal permits from each jurisdiction. An exception is possible for public
agencies that, pursuant to Cal. Pub. Resources Code Section 30605, may obtain one
"Public Works Plan" approval from the Coastal Commission, in lieu of locally issued
coastal permits.
Section 22: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development
Review Procedures) of Title 21 of the Code is hereby amended to read as follows:
itv of Newport Bea.- 23-43
This chapter provides procedures to ensure that all public and private development in the
coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Cal.
Pub. Resources Code) as amended, in accordance with the City's Local Coastal Land
Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply
in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this
chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine
whether or not a proposal in the City's permitting jurisdiction constitutes development and
whether or not that development requires a coastal development permit or is exempt. No
provision contained in any other chapter of the Implementation Plan, nor in any other City
policy or regulations, shall be used in such determinations.
Section 23: Subsections (13)(1) and (H) of Section 21.52.015 (Coastal Development
Permits) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the
Code are hereby amended to read as follows:
(13)(1) Coastal Development Permit Issued by the Coastal Commission. Developments
on tidelands, submerged lands, and public trust lands as described in Cal. Pub.
Resources Code Section 30519(b) and in deferred certification areas designated by the
certified Local Coastal Program require a permit or exemption issued by the Coastal
Commission in accordance with the procedure as specified by the Coastal Act. Areas of
Coastal Commission permit jurisdiction and deferred certification areas are generally
depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local
action on an exemption or coastal development permit application and meeting the
requirements of 14 CCR Section 13570, a notice of its final action shall be sent, by first
class mail, to the applicant, the Coastal Commission, and any persons who specifically
request such notice by submitting a self-addressed, stamped envelope to the City. Such
notice shall be accompanied by a copy of the exemption, denial, or coastal development
permit approval with conditions of approval and written findings and the procedures for
appeal of the action to the Coastal Commission.
Section 24: Subsections (C) introductory paragraph, (C)(1)(d)(i), (C)(2)(d)(i), (C)(4)(d),
and (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21
of the Code are hereby amended to read as follows:
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's
permit jurisdiction determined to be exempt from the coastal development permit
requirements pursuant to Cal. Pub. Resources Code Section 30610. The following types
of projects shall be so exempted unless they involve a risk of adverse environmental
effects:
(C)(1)(d)(i) An increase of ten (10) percent or more of the floor area of existing structure(s)
on the building site or an additional improvement of ten (10) percent or less where an
Citv of Newport Bear-.- 23-44
improvement to the structure has previously been undertaken pursuant to Cal. Pub.
Resources Code Section 30610(a) and/or this subsection.
(C)(2)(d)(i) An increase of ten (10) percent or more of the internal floor area of existing
structure(s) on the building site or an additional improvement of ten (10) percent or less
where an improvement to the structure has previously been undertaken pursuant to Cal.
Pub. Resources Code Section 30610(a) and/or this subsection.
(C)(4)(d) Unless destroyed by disaster, the replacement of fifty (50) percent or more of a
single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any
other structure is not repair and maintenance under Cal. Pub. Resources Code Section
30610(d) but instead constitutes a replacement structure requiring a coastal development
permit.
(C)(7) Time -Share Conversions. Any activity anywhere in the coastal zone that involves
the conversion of any existing multiple -unit residential structure to a time-share project,
estate, or use, as defined in Section 11003.5 of the Cal. Bus.& Prof. Code. If any
improvement to an existing structure is otherwise exempt from the permit requirements
of this part, no coastal development permit shall be required for that improvement on the
basis that it is to be made in connection with any conversion exempt pursuant to this
subsection. The division of a multiple -unit residential structure into condominiums, as
defined in Section 783 of the Cal. Civ. Code, shall not be considered a time-share project,
estate, or use for purposes of this subsection.
Section 25: Subsection (C)(8) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 of the Code is hereby added to read as follows:
(C)(8) Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps
involving the subdivision of airspace within two -unit or multi -unit dwellings for
condominium purposes.
Section 26: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal
Development Review Procedures) of Title 21 of the Code is hereby amended to read as
follows:
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a
categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub.
Resources Code Sections 30610(e) or 30610.5 and 14 CCR Section 13215 et seq. and
14 CCR Section 240 et seq. Records of such categorical exclusions shall be kept on file
with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal
Commission and to any person who has requested such notice within five (5) business
days of issuance. The notice of exclusion may be issued at the time of project application
but shall not become effective until all other approvals and permits required for the project
i;itv of Newport Bear 23_45
are obtained. A copy of all terms and conditions imposed by the City shall be provided to
the Coastal Commission, per 14 CCR Section 13315.
Section 27: Subsection (A) of Section 21.52.075 (Coastal Commission Review of
Recorded Access Documents) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 of the Code introductory paragraph is hereby amended to read as
follows:
A. Standards and Procedures. Upon final approval of a coastal development permit
or other authorization for development, and where issuance of the permit or authorization
is conditioned upon the applicant recording a legal document which restricts the use of
real property or which offers to dedicate or grant an interest or easement in land for public
use, a copy of the permit conditions, findings of approval, and drafts of any legal
documents proposed to implement the conditions shall be forwarded to the Coastal
Commission for review and approval prior to the issuance of the permit consistent with
the following procedures and 14 CCR Section 13574:
Section 28: Subsection (B) of Section 21.54.030 (Effective Date of Permits — Notice of
Final Action) of Chapter 21.54 (Permit Implementation, Time Limits, and Extensions) of
Title 21 of the Code is hereby amended to read as follows:
B. Notice of Final Action. Final City action on permits for sites located within the City's
coastal zone shall be documented by the notice of final local action which the City sends
to the Coastal Commission within seven days of the City's final action on a CDP
application and compliance with 14 CCR Section 13570.
Section 29: Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 of the Code is hereby amended to read as
follows:
Afinal action taken by the City on a coastal development permit application for appealable
development as defined in subsection (A) of this section may be appealed to the Coastal
Commission in compliance with this section and 14 CCR Sections 13111 through 13120
and Coastal Act Section 30603. If there is any conflict between the provisions of this
section or 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act,
14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development —Cal. Pub. Resources Code Section 30603(a). A
decision by the City on a coastal development permit application within the appeal areas
identified in Cal. Pub. Resources Code Section 30603(a) as generally depicted on the
Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development
approved or denied by the City on a coastal development permit application for a project
that constitutes a major public works project or energy facility may be appealed to the
Coastal Commission.
B. Status of Appellant.
i;it�r of Newport Bea(.
23-46
1. Who May Appeal. An appeal maybe filed by an applicant, an aggrieved person,
or two members of the Coastal Commission in compliance with Cal. Pub.
Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. Resources Code Section
30801, an aggrieved person is any who, in person or through a representative,
appeared at a public hearing held before the Zoning Administrator, Planning
Commission, or Council in connection with the decision or action appealed, or who,
by other appropriate means prior to a hearing, informed the City of the nature of
their concerns or who for good cause was unable to do either.
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may
appeal a City decision on a coastal development permit application to the Coastal
Commission only after exhausting all appeals to the Planning Commission and Council
in compliance with this chapter. Exhaustion of all local appeals shall not apply to any
circumstance identified in 14 CCR Section 13573(a), including, but not limited to, the
following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter
because City notice and hearing procedures did not comply with 14 CCR Section
13573; or
2. The local government jurisdiction changes an appeal for the filing or processing
of appeals.
In addition, in accordance with 14 CCR Section 13573(b), there shall be no requirement
of exhaustion of local appeals when an appeal of a City decision is filed by two members
of the Coastal Commission in compliance with Cal. Pub. Resources Code Section 30625.
Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance
with 14 CCR Section 13111(d). The Director may transmit the Commissioners' appeal to
the local appellate body (which considers appeals from the local body that rendered the
final decisions subject to the Commissioner appeal), and the Commissioners' appeal may
be suspended pending a decision on the merits by that local appellate body. If the final
action by an appellate body modifies or reverses the previous decision, the Coastal
Commissioners shall be required to file a new appeal from that decision.
D. Grounds for Appeal to Coastal Commission —Cal. Pub. Resources Code Section
30603. The grounds for an appeal to the Coastal Commission of a City final action on a
coastal development permit application are as follows:
1. For approval of a coastal development permit as described in subsection (A)
of this section, an allegation that the project does not conform to the standards
of the Local Coastal Program or the public access policies of the Coastal Act.
';itv of N e-wport Bear 23_47
2. For denial of a development described in subsection (A) of this section, an
allegation that the project conforms to the standards of the Local Coastal
Program and the public access policies of the Coastal Act.
E. Notice of Final Action on Appeals within the Coastal Zone. Where a local appeal
has been filed and decided on a project that is appealable to the Coastal Commission in
compliance with this section, the City shall provide notice of the final action (see also
the requirements of Section 21.52.015(H), Notice of Final Action).
F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a
Council decision on an appealable development shall be filed with the Coastal
Commission within ten (10) working days of the receipt by the Coastal Commission of
adequate notice of final City action, in compliance with this chapter and the Coastal Act.
The beginning of the ten (10) working day appeal period shall be established by Coastal
Commission staff.
G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the
applicant, any persons known to be interested in the application and the City of the filing
the appeal. Notification shall be by delivering a copy of the completed notice of appeal to
the domicile(s), office(s), or mailing address(es) of said parties. In any event, such
notification shall be by such means as may reasonably advise said parties of the
pendency of the appeal. Unwarranted failure to perform such notification may be grounds
for dismissal of the appeal by the Commission.
Section 30: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68
(Enforcement) of Title 21 of the Code is hereby amended to read as follows:
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions
contained in this chapter, the provisions of Cal. Pub. Resources Code Division 20,
Chapter 9 shall also apply with respect to violations and enforcement and the City and
the Commission shall have the enforcement powers described therein.
Section 31: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title
21 of the Code is hereby amended to read as follows:
This part provides definitions of terms and phrases used in this Implementation Plan that
are technical or specialized, or that may not reflect common usage. If the definitions in
this part conflict with definitions in other provisions of this Code, these definitions shall
control for the purposes of this Implementation Plan. If a word is not defined in this part,
or elsewhere in this Implementation Plan, the most common dictionary definition is
presumed to be correct.
('-,itv of Newport Bear 23_4e
As used in this Implementation Plan, the following terms and phrases shall have the
meaning ascribed to them in this part, unless the context in which they are used clearly
requires otherwise.
Section 32: The following definitions in Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 of the Code are hereby
amended to read as follows:
"Aggrieved person" means any person who, in person or through a representative,
appeared at a public hearing held before the Zoning Administrator, Planning Commission,
or Council in connection with the decision or action appealed, or who, by other appropriate
means prior to a hearing, informed the City of the nature of their concerns or who for good
cause was unable to do either (Cal. Pub. Resources Code Section 30801).
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all
of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption
off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20
(off -sale beer and wine —package store) or License Type 21 (off -sale general —
package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products
and the display area for alcoholic beverages does not exceed thirty (30) percent
of the net floor area of the use. Illustrative examples include drug stores, grocery
stores, and supermarkets, but do not include convenience markets.
"Review authority" means the individual or official City or State body identified by this
Implementation Plan as having the responsibility and authority to review and approve or
disapprove ministerial and discretionary permit applications described in this
Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning
Commission ("Commission"), the Community Development Director ("Director"), the
Zoning Administrator ("Zoning Administrator"), the Community Development Department
("Department"), the City Traffic Engineer, the Public Works Director and the California
Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated
by man for domestic or commercial purposes but kept for display. Includes an
animal that may be imported, transported, or possessed only by first obtaining a
C itv of N eAwpoft Bea(,.- 23_49
California Department of Fish and Game Permit, as required in 14 CCR Section
671 (Importation, Transportation and Possession of Live Restricted Animals).
"Area median income" means the median income, adjusted for family size, applicable to
Orange County, established by the U.S. Department of Housing and Urban Development,
and published annually by the California Department of Community Development in the
25 CCR Section 6932.
"California Environmental Quality Act (CEQA)" means a State law (Cal. Pub. Resources
Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion
area boundary adopted in compliance with the California Coastal Act (Cal. Pub.
Resources Code Section 30000 et seq.).
"Categorical exclusion order" means a decision issued by the California Coastal
Commission in compliance with the Coastal Act (Cal. Pub. Resources Code Section
30610(e)), in which the Coastal Commission excludes certain categories of development
from requirements to obtain coastal development permits from the Coastal Commission.
A categorical exclusion order automatically terminates upon the effective date of the
delegation of development review authority to a local government in compliance with 14
CCR Section 13249(b).
"Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA
Guidelines, an exemption from CEQA for a class of projects based on a finding by the
Secretary of Resources that the class of projects does not have a significant effect on the
environment.
"Coastal Commission" means the California Coastal Commission, the State agency
established by State law responsible for carrying out the provisions of the California
Coastal Act of 1976, as amended (Cal. Pub. Resources Code Section 30000 et seq.) and
for appellate review of decisions rendered by a City review authority.
"Coastal Commission exclusion areas" means the boundaries of the areas where a
category of development, or a category of development within a specifically defined
geographic area, is excluded from the coastal development permit requirements pursuant
to Cal. Pub. Resources Code Section 30610, which shall be established by the terms and
conditions applied to each categorical exclusion order by the Coastal Commission.
"Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged
lands, and public trust lands described in Section 30519(b) of the Cal. Pub. Resources
Code where the Coastal Commission retains permit jurisdiction.
i;itv of Newport Beac- 23-50
"Coastal -dependent development or use" means any development or use which requires
a site on, or adjacent to, the sea to be able to function at all (from Cal. Pub. Resources
Code Section 30101).
"Coastal development permit (CDP)" means a permit for any development within the
coastal zone that is required pursuant to subdivision (a) of Cal. Pub. Resources Code
Section 30600.
"Coastal -related development or use" means any development or use that is dependent
on a coastal -dependent development or use (from Cal. Pub. Resources Code Section
30101.3).
"Coastal zone" means the geographic zone adjacent to the shoreline, the land and water
area boundaries of which are determined by the California Coastal Act of 1976, as
amended (Cal. Pub. Resources Code Section 30000 et seq.).
"Code" means the Newport Beach Municipal Code.
"Condominium" means a form of property ownership providing for individual ownership of
space in a structure together with an individual interest in the land or other parts of the
structure in common with other owners. Includes a condominium project, community
apartment project, or stock cooperative, as defined in Cal. Civ. Code Section 1351.
"Density bonus" means, as defined by Cal. Gov. Code Section 65915 et seq., an increase
over the maximum density otherwise allowed by the applicable zoning district that is
granted to the owner/developer of a housing project who agrees to construct a prescribed
percentage of dwelling units that are affordable to very low- and low-income households.
See "Very low-income household" and "Low-income household."
"Development" means on land, in or under water, the placement or erection of solid
material or a structure; discharge or disposal of dredged material or of gaseous, liquid,
solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials;
change in the density or intensity of use of land, including, but not limited to, subdivision
in compliance with the Subdivision Map Act (commencing with Cal. Gov. Code Section
66410), and another division of land, including lot splits, except where the land division is
brought about in connection with the purchase of the land by a public agency for public
recreational use; change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of a structure, including a facility of a
private, public, or municipal utility; and the removal or harvesting of major vegetation other
than for agricultural purposes and kelp harvesting.
C.Jtv of N e-wpoft Bear 23.51
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to,
detached from, or contained within the principal dwelling unit on a site zoned for
residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007.
"Emergency" means any sudden, unexpected occurrence demanding immediate action
to prevent or mitigate loss of or damage to life, health, property or essential public services
as used in Cal. Pub. Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health & Saf. Code Section
50801(e), a facility with minimal supportive services for homeless persons.
"Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub. Resources Code
Section 30107.5 means an area in which plant or animal life or their habitats are either
rare or especially valuable because of their special nature or role in an ecosystem and
which could be easily disturbed or degraded by human activities and developments.
"Explosives" means a substance defined as an explosive by Cal. Health & Saf. Code
Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf. Code.
See also "Hazardous materials."
"General Plan" means the City of Newport Beach General Plan, and all amendments
thereto, as adopted by the City Council under the provisions of Cal. Gov. Code Section
65300 et seq., and referred to in this Implementation Plan as the "General Plan."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act,
Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4,
Chapter 3 (Cal. Gov. Code Section 66410 et seq.), that is used to complete the
subdivision of five (5) or more lots. See also "Parcel map" and "Tentative map."
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov. Code
Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two
or more existing adjacent lots, where land taken from one lot is added to an adjacent lot
and where no more lots are created than originally existed.
"Major energy facility" means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or
other source of energy which exceeds one hundred thousand dollars ($100,000) in its
estimated cost of construction with an automatic increase in accordance with the
C itv of N e-wport Bea(,.- 23-52
Engineering News Record Construction Cost Index, except for those governed by the
provisions of Cal. Pub. Resources Code Section 30610, 30610.5, 30611 or 30624.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article
3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a
subdivision of four (4) or fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can
be carried out with little alteration or improvement to existing topography of a site, with
the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking,
jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been
convicted of a federal crime, sentenced to a United States prison, and received
conditional and revocable release in the community under the supervision of a federal
parole officer; (2) any individual who has served a term of imprisonment in a State prison
and who is serving a period of supervised community custody, as defined in Cal. Pen.
Code Section 3000, and is under the jurisdiction of the California Department of
Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced
to a term in the California Youth Authority and who has received conditional and revocable
release in the community under the supervision of a Youth Authority Parole Officer; or (4)
any individual who has been convicted of a felony, sentenced to any correctional facility,
including County correctional facilities, and is under the jurisdiction of any federal, State,
or County parole or probation officer. For the purposes of this definition, "felony" means a
felony as defined by any California or United States statute.
"Public trust lands" means all lands subject to the Common Law Public Trust for
commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands
include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic
tidelands and submerged lands that are presently filled or reclaimed and which were
subject to the public trust at any time (14 CCR Section 13577). See "Submerged lands"
and "Tidelands."
"Senior citizen housing development" means a residential development developed,
substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-
five (55) years of age or older) that has at least thirty-five (35) dwelling units and that
conforms to Cal. Civ. Code Section 51.3(b)(4).
"Specific plan" means, under Cal. Gov. Code Section 65450 et seq., a policy statement
and implementation tool adopted by the City Council that addresses a single project or
planning problem. A specific plan may include detailed regulations, conditions, programs,
,Citv of Ne,wpoft Bea.-
23-53
and/or proposed legislation that may be necessary or convenient for the systematic
implementation of a General Plan element(s).
"Subdivision" means the division by any subdivider of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as contiguous units
even if it is separated by roads, streets, utility easement or railroad rights -of -way.
Subdivision includes a condominium project, as defined in Cal. Civ. Code Section 1351
(f), a community apartment project, as defined in Cal. Civ. Code Section 1351 (D), or the
conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in
Cal. Civ. Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.]
"Subdivision Map Act" means Division 2, Title 7 of the Cal. Gov. Code, commencing with
Section 66410, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR Section
13577). See "Public trust lands."
"Supportive housing" means housing with no limit on length of stay, that is occupied by
the target population, as defined by Cal. Health & Saf. Code Section 53260 (d), and that
is linked to on -site or off -site services that assist the tenant to retain the housing, improve
his or her health status, maximize their ability to live and, when possible, to work in the
community. Supportive housing that is provided in single-, two-, or multi -family dwelling
units, group residential, parolee -probationer home, residential care facilities, or boarding
house uses shall be permitted, conditionally permitted or prohibited in the same manner
as the other single-, two- or multi -family dwelling units, group residential, parolee -
probationer home, residential care facilities, or boarding house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision
Map Act (Cal. Gov. Code Section 66410 et seq.) that specifies the conditions that must
be satisfied and the details that must be provided before approval of a final map. See also
"Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean
low tide (14 CCR Section 13577). See "Public trust lands."
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee
to transient guests for sleeping purposes. Access to units is primarily from interior
lobbies, courts, or halls. Related accessory uses may include conference and
meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or
i;itv of Ne,port Bear 23_54
may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks,
stoves, and ovens). Hotels with kitchen facilities are commonly known as extended
stay hotels. A hotel operates subject to taxation under Cal. Rev. & Tax. Code
Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to
transient guests for sleeping purposes. Guest rooms do not contain kitchen
facilities. A motel is distinguished from a hotel primarily by direct independent
access to, and adjoining parking for, each guest room. A motel operates subject
to taxation under Cal. Rev. & Tax. Code Section 7280.
City of Newport Beach ,,,,
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-76 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 14th day of November, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of November, 2023.
P". 2.
Leilani I. Brown
City Clerk
Newport Beach, California
NE.W
City of Newport Beach 2356
Attachment D
Coastal Commission Approval Letter and Suggested Modifications
23-57
May 28, 2025
City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request
No. LCP-5-NPB-24-0004-1, Parts A, B, and C
Dear Councilpersons:
You are hereby notified that, at its May 7, 2025 meeting in Half Moon Bay, the Coastal
Commission approved with suggested modifications Parts A, B, and C of
Implementation Plan (IP) Amendment Request No. LCP-5-NPB-24-0004-1.
Part A of the subject request was submitted for Commission certification by City Council
Resolution No. 2023-83 on February 8, 2024 and pertains to short-term rentals. Part B
of the subject request was submitted for Commission certification by City Council
Resolution No. 2023-71 on February 8, 2024 and pertains to the Newport Beach
Country Club. Part C of the subject request was submitted for Commission certification
by City Council Resolution No. 2023-76 and consisted of a general IP clean-up.
Pursuant to the Commission's action on May 7, 2025, certification of Parts A, B, and C
of the subject amendment request are subject to the attached suggested modifications
(Attachment 1). Therefore, all three parts of IP Amendment No. LCP-5-NPB-24-0004-1
will not be effective for implementation in the City's coastal zone until:
1) The City Council adopts the Commission's suggested modifications,
2) The City Council forwards the adopted suggested modifications to the
Commission by resolution, and
3) The Executive Director certifies that the City has complied with the Commission's
May 7, 2025 action.
The Coastal Act requires that the City's adoption of the suggested modifications be
completed within six months of the Commission's action (i.e. by November 3, 2025).
Thank you for your cooperation and we look forward to working with you and your staff
in the future. Please contact Chloe Seifert at chloe.seifert(a)_coastal.ca.gov with
questions regarding the modifications required for effective certification of Parts A, B,
and C of IP Amendment No. LCP-5-NPB-24-0004-1.
Sincerely,
Chloe Seifert
Coastal Program Analyst
23-58
Attachment 1—Suggested Modifications
The City's proposed new text is shown in underlined text.
The City's proposed deleted text is shown in�le striket"Trnvugh.
The Commission's proposed new text is shown in bold underline.
The Commission's proposed deleted text is shown in held strike through
A. PART A (STRS IN MIXED -USE ZONES)
Suggested Modification 1: Preserve the overall 1,550-permit cap on STRs throughout
the coastal zone.
21.48.115 Short --Term Lodging.
...C. Permits within Mixed -Use Water Zoning District (MU-W2) and Mixed -Use
Cannery Village and 15th Street Zoning District (MU-CV/15th St.).
...3. As set forth in Section 5.95.042 of Chapter 5.95, the maximum number of
short term lodging permits shall be limited to a total of seventy-five (75) permits
within the Mixed -Use Water (MU-W2) and Mixed -Use Cannery Village and 15th
Street (MUCV/ 15th St.) districts at any time. No new permit shall be issued to
any person on the waiting list, as described in Section 5.95.042(F), until the total
number of permits is less than seventy-five (75). Notwithstandincv the
oreneinn the seventy-five (75) w.rnit rv»virnurn shall net apply to a short
term lodqanq unat that was leqally established as of November 2-, ----
a let wmthin a Mixed- Ice Coastal Zoninn District Provided the owner
maintains a valad short term lodqanq Permit that ms not subse
revoked or abandoned-.
...D. Permits in the Coastal Zone. At no point shall the total number of short-
term lodging permits in the City's coastal zone exceed one -thousand five -
hundred and fifty (1,550).
Suggested Modification 2: Re -alphabetize the three subsections ("Operational
Standards", "Additional Requirements for Newport Island...", and "Additional
Requirements for the Mixed -Use..." following the new Subsection D of IP Section
21.48.115 to reflect the corrected alphabetical order.
Suggested Modification 3: Specify unclear language and protect public parking used
for coastal access.
21.48.115 Short --Term Lodging.
...-FG. Additional Requirements for the Mixed -Use Water Zoning District (MU-
W2) and Mixed -Use Cannery Village and 15th Street Zoning District (MU-
CV/15th St.
23-59
1. Prior to issuance of a short term lodging permit, a management plan
shall be submitted for review and approval by the Community
Development Director. The manaaement plan shall include the followin
...e. Parking management plan ensuring all available on -site
parking remain free of obstructions and available for use by the
short term lodging user. For short term lodging units that are non-
conforming due to number of parking spaces provided, there shall
be sufficient data to indicate that parking demand will be'e�R
the required satisfied by the provided number of spaces or that
ether parkiniv is alternate modes of transportation are available
(e.g., COW parkiinn lot located „rearhvi on -street narking
�, vrr-zcra, c�purrcrrrc�
aa-ble; bicycles and e-bikes, bus and trolley routes,
rideshare services, private offsite parking lots, greater than
normal walk in trade, alternative transportation, etc.) such that
use or operation of the short term lodging permit will not rely on
the City's stock of public on -street and off-street parking or
reduce availability of parking in nearby residential neighborhoods.
B. PART B (1602 E. COAST HWY.)
Suggested Modification 4: Protect public views from an LUP-designated coastal view
road.
Section 21.26.055, Planned Community Coastal Zoning District Development
Standards.
...S. Newport Beach Country Club (PC-47).
...3. Residential.
...b. Attached Residential (Condominiums)
...iii. Height: forty-six (46) feet (to be located atop of
the 2-story hotel buildings in a manner that does not
obstruct blue -water coastal views from LUP-
designated coastal view roads.
C. PART C (IP CLEAN-UP)
Suggested Modification 5: Reject the City's proposed new exemption criteria.
21.52.035.C. Coastal Act Exemptions.
Developments not located within the Coastal Commission's permit jurisdiction
determined to be exempt from the coastal development permit requirements
pursuant to California Public Resources Code Section 30610. The following
23-60
types of projects shall be so exempted unless they involve a risk of adverse
environmental effects:
Suggested Modification 6: Retain certified IP language as previously amended.
Table 21.18-4, Development Standards for Multi -Unit Residential Zoning
Districts.
...(7) Density bonuses may be granted for the development of housing that is
affordable to lower-, low-, and rnoderate-incorne households and senio
citizens in corpliance with Governrnent Cal Gov Code Sections 65915
through 65917. Any housing developrnent approved pursuan
Governrnent Cal rove Corte Section 65915 shall be consistent to the
resources, with all otherwise applicable Local Coastal Program policies
and development standards in compliance with Chapter 21.32 (Density
Bonus).
Table 21.22-3, Development Standards for Vertical and Horizontal Mixed -Use
Zoning Districts.
...(6) Density bonuses may be granted for the development of housing that is
affordable to lower-, 1=an�
� Qe��e� moderate -income households and c�
e
citizens On compliance with Government Cal. Gov. Code Sections 65915
through Any housingdevelopment improve I . 4
consistent,Government Cal. Gov. Code Sectaon 65915 shall be
to the
mavirr.,�rrntand in manner most protective of coastal
rrr�crrrrpTrrfeasible,manner protec ive of coastal
f
resourceswath all otherwise applicable Local Coastal Program policies
aniJ .t^„e. . cent staniJarrls in compliance with Chapter 21.32 (Density
Bonus).
Table 21.22-4, Development Standards for Waterfront Mixed -Use Zoning
Districts.
...(7) Density bonuses may be granted for the development of housing that is
affordable to lower-, low-, and moderate -income households and senio
citizens in compliance with Government Cal Gov Code Sections 65915
through 65917.AAny housing
development approvpursuaan��e
Government Cal rove Corte Section 65915 shall be consistent to the
extent feasn' a rnanner most protective of coastal
resources, with all otherwise applicable Local Coastal Program policies
and development standards in compliance with Chapter 21.32 (Density
Bonus).
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21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the
creation of accessory dwelling units and junior accessory dwelling units, as
defined in Part 7 (Definitions) of this title and in Galifnrnia Government Cal. Gov.
Code Sections 65852.2 and 65852.2 66310 through 66342, or any successor
statute, in areas designated for residential use, including as part of a planned
community development plan or specific plan, and to provide development
standards to ensure the orderly development of these units in appropriate areas
of the City.
...B. Effects of Conforming....
...4. Required to correct a legally established nonconforming zoning
conditions, building code violations, or unpermitted structures that do
not present a threat to public health and safety and are not affected
by the construction of the accessory dwelling unit or junior
accessory dwelling unit. This does not prevent the City from enforcing
compliance with applicable building standards in accordance with
S,afifer Cal. Health -a -Rd & Safety_ Code Section 17980.12.
...JK. Historic Resources. Accessory dwelling units and/or junior accessory
dwelling units proposed on residential or mixed -use properties that are
determined to be historic shall be approved ministerially, in conformance with
California Government Cal. Gov. Code Sections 65852.2 and 65852.22 66310
through 66342. However, any accessory dwelling unit or junior accessory
dwelling unit that is listed on the California Register of Historic Resources shall
meet all Secretary of the Interior standards, as applicable.
21.70.020 Definitions of Specialized Terms and Phrases.
"Density bonus" means, as .definer! by Government Cal Gov. Code Sectoon
65915 et se , -eager the maV,m ,rn densky-othe.M.A.1im allowed by
housing project who agrees to construct a prescribed percentage o
dwelling units that are affordable to very low- and low-income househo
See "Very low-income household" "L I household-.-' a density
increase over the maximum allowable density under the applicable coastal
zoning district and Coastal Land Use Plan as of the date of application.
23-62
Attachment E
Redline -Strikeout Version
23-63
REDLINE -STRIKEOUT VERSION
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AMENDMENT
Section 1: The Table of Contents for Title 21 (Local Coastal Program Implementation
Plan) of the Code is hereby amended to read as follows:
Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District
Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV,
OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St.,
MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and
TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30
Property Development Standards
21.30A
Public Access and Recreation
21.30B
Habitat Protection
21.30C
Harbor and Bay Regulations
21.35
Water Quality Control
21.38
Nonconforming Uses and Structures
21.40
Off -Street Parking
21.44
Transportation and Circulation
21.46
Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
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Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62
Public Hearings
21.64
Appeals and Calls for Review
21.68
Enforcement
Part 7. Definitions
21.70 Definitions
21.80 Maps
Part 8. Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
Section 2: Subsection (A) of Section 21.10.030 (Authority —Relationship to Coastal
Land Use Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan)
of Title 21 of the Code is hereby amended to read as follows:
A. Authority. This Implementation Plan is adopted pursuant to the authority contained
in SeGtinn 65850 et Corti of the California Cal. Gov.ernmer;t Code Section 65850 et seq.,
Division 20 of the Cal. Pub.4G Resources Code (California Coastal Act), and T+tle-14 CCR;
liniioien Section 1 3001 et seq. of the California Cal Code of Reg§ i �latinns (California
Coastal Commission Regulations).
Section 3: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals
May Be Required) of Chapter 21.16 (Development and Land Use Approval
Requirements) of Title 21 of the Code is hereby amended to read as follows:
(A)(1) Other provisions of the MURO .inalthis Code (e.g., conditional use permits, minor use
permits, limited -term permits, site development review, zoning clearances, building
23-65
permits, grading permits, other construction permits, live entertainment permit, or a
business license); or
Section 4: Table 21.18-4 Notes (7) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning
District (R-A, R-1, R-BI, R-2, and RM)) of Title 21 of the Code is hereby amended to
incorporate the suggested modifications from the California Coastal Commission and
reads as follows:
(7) Density bonuses may be granted for the deVelOpMeRt Of hGWSiRg that 06 affer
..3e.
_ r .
• •
•ter 21. 32( DensitV : •
Section 5: Footnote (6) of Table 21.22-3 of Section 21.22.030 (Mixed -Use Coastal
Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal
Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 of the
Code is hereby amended to incorporate the suggested modifications from the California
Coastal Commission and reads as follows:
(6) Density bonuses may be granted fer the deVelGPFneRt of hGUSiRg that is affor
•,
corn •
ChapterD- :•
Section 6: Footnote (7) of Table 21.22-4 of Subsection (C) of Section 21.22.030
(Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22
(Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-
W2)) of Title 21 of the Code is hereby amended to incorporate the suggested
modifications from the California Coastal Commission and reads as follows:
(7) Density bonuses may be granted fer the deVel0PFneRt of housing that is affer
•
feasible, and in a manner most PrOteGt!Ve Of Geastal_with all_r,
os
Pregrarn PeliGies and develepment standardsin compliance
. •(Density: •
23-66
Section 7: Subsection (C)(2) of Section 21.26.045 (Planned Community Coastal
Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts
(OS, PC, PF, PI, PR, AND TS)) of Title 21 of the Code is hereby amended to read as
follows:
(C)(2) Subject to approval of the DlanniRg Diro^+^rCommunity Development Director after
a determination that the parking provided is adequate to serve demand and that the uses
will not adversely impact other land uses in the area.
Section 8: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park
(MHP) Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning
Districts (MHP, PM, B, C and H)) of Title 21 of the Code are hereby amended to read as
follows:
(A)(1) Mobile Home Parks. Mobile home parks as regulated by the State of California
pursuant to the Mobile Home Parks Act (Cal. Health ate& Saf.ety Code Section 18300)
and the California Coastal Act (Cal. Pub.4G Resources Code Division 20).
(C)(3) A mobile home park phase out plan and report on the impact of conversion, closure,
or cessation of the use on the displaced residents of the mobile home park has been
prepared, reviewed, and found to be acceptable and consistent with the provisions of the
Galifnrnia GOV8rnmoniCal. Gov. Code.
Section 9: Subsections (B)(1)(b) and (B)(5) of Section 21.30.105 (Cultural Resource
Protection) of Chapter 21.30 (Property Development Standards) of Title 21 of the Code
are hereby amended to read as follows:
(13)(1)(b) A site where evidence of potentially significant historical resources is found in
an initial study conducted in compliance with the California Environmental Quality Act
(CEQA) (Cal. Pub.4G Resources Code Section 21000 et seq.).
(13)(5) Offer for Relocation of Historic Structure. Before issuance of a permit by the
Building Diron+erCommunity Development Director for the demolition of an historic
structure the applicant shall first offer the structure for relocation by interested parties.
Section 10: Subsection (13)(1) of Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title
21 of the Code is hereby amended to read as follows:
(13)(1) Land Use. The project's impact on use of private lands suitable for visitor -serving
commercial recreational facilities designed to enhance public opportunities for coastal
recreation and other priority uses specified in California Cal. Pub.4G Resources Code
Sections 30222 and 30223.
23-67
Section 11: Subsection (B)(1) of Section 21.30B.040 (Wetlands, Deepwater Areas, and
Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 of the Code is
hereby amended to read as follows:
(B)(1) Methodology. Wetland delineations shall be conducted in accordance with the
definitions of wetland boundaries contained in 14 CCR Section 13577(b) of the Galifernia
Code of Regulations.
Section 12: Subsection (D) of Section 21.30C.070 (Dredging Permits) of Chapter
21.30C (Harbor and Bay Regulations) of Title 21 of the Code is hereby amended to read
as follows:
D. Limits on Development and Uses. Development involving diking, filling, or dredging of
open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the
Section 30233 of the GalifeFRia Cal. Pub.4G Resources Code (Coastal Act) and Section
21.30B.040(E)(2).
Section 13: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Chapter
21.34 (Conversion or Demolition of Affordable Housing) of Title 21 of the Code is hereby
deleted in its entirety.
Section 14: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter
21.38 (Nonconforming Uses and Structures) of Title 21 of the Code is hereby amended
to read as follows:
(D)(3) Any permit required by other titles of the MunT^paTthis Code (other than this title)
shall be obtained before the initiation or intensification of an accessory use of a landmark
structure;
Section 15: Subsection (C) of Section 21.44.045 (Vacations and Abandonments) of
Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code is hereby amended
to read as follows:
C. Procedure. Vacations and abandonments shall be processed by filing an application
for vacation or abandonment pursuant to Cal. Streets and HighwaysSts. & Hy. Code
Sections 8300 through 8363 and by filing an application for a coastal development permit
pursuant to Chapters 21.50 and 21.52.
Section 16: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures)
of Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code are hereby
amended to read as follows:
A. General. Temporary closing of portions of any street for celebrations, parades, local
special events, and other purposes when necessary for public safety shall be permitted
pursuant to Section 21101 of the Cal. Veh.+o4e Code.
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B. West Newport. Temporarily closing certain streets in West Newport for a period of
no more than twenty-four (24) hours during the Independence Day holiday shall be
permitted when, in the opinion of the Police Chief or his designee the closure is
necessary to protect the public safety. In no event shall any street closure prevent or
interfere with the public's access to the beach or bay.
Section 17: Subsections (A), (13)(4), and (J) of Section 21.48.200 (Accessory Dwelling
Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 of the Code are
hereby amended to incorporate the suggested modifications from the California Coastal
Commission and read as follows:
A. Purpose. The purpose of this section is to establish the procedures for the creation
of accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(Definitions) of this title and in GalifeMia GeVeF ,, eF#Cal. Gov. Code Sections 65952.2
and 65952.` 266310 through 66342, or any successor statute, in areas designated for
residential use, including as part of a planned community development plan or specific
plan, and to provide development standards to ensure the orderly development of these
units in appropriate areas of the City.
(13)(4) Required to correct a legally established nonconforming zoning conditions, building
code violations, or unpermitted structures that do not present a threat to public health and
safety and are not affected by the construction of the accessory dwelling unit or junior
accessory dwelling unit. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with GafifeMia Cal. Health ate& Saf_.ety
Code Section 17980.12.
KJ. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units
proposed on residential or mixed -use properties that are determined to be historic shall
be approved ministerially, in conformance with GalifOrnia GeyeMmen#Cal. Gov. Code
Sections 65852.2 and 65852.2266310 through 66342. However, any accessory dwelling
unit or junior accessory dwelling unit that is listed on the California Register of Historic
Resources shall meet all Secretary of the Interior standards, as applicable.
Section 18: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49
(Wireless Telecommunications Facilities) of Title 21 of the Code is hereby amended to
read as follows-
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary
purpose of supporting antennas used to provide wireless services authorized by the FCC.
A distributed antenna system (DAS) installed pursuant to a Certificate of Public
Convenience and Necessity (CPCN) issued by the California Public Utilities Commission
on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced
primarily for a purpose other than supporting wireless services authorized by the FCC,
including any structure installed pursuant to California Cal. Pub.4G UtilAy Code Section
7901, is not a wireless tower for purposes of this definition. For an example only, a prior -
existing streetlight standard which is replaced with a new streetlight standard to permit
23-69
the addition of antennas shall not be considered a wireless tower, but rather a
replacement streetlight standard.
Section 19: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General
Development and Design Standards) of Chapter 21.49 (Wireless Telecommunications
Facilities) of Title 21 of the Code are hereby amended to read as follows:
(F)(3)(b) New or replacement vertical structures may be allowed when authorized by
the "uniGipalthis Code and approved by the Public Works Department. Replacement
poles or streetlights shall be consistent with the size, shape, style, and design of the
existing pole, including any attached light arms. New poles or streetlights may be
installed, provided they match existing or planned poles within the area.
(F)(6)(b)(i) Where existing utilities services (e.g., telephone, power, cable TV) are located
underground, the support equipment shall be placed underground if required by other
provisions of the Municip lthis Code. Flush -to -grade underground vault enclosures,
including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches
above the finished grade and are screened from public view, may be incorporated.
Electrical meters required for the purpose of providing power for the proposed telecom
facility may be installed above ground on a pedestal in a public right-of-way provided they
meet applicable standards of Title 13 unless otherwise precluded by the MUROGnpa4this
Code.
(J)(2) All graffiti on any components of the telecom facility shall be removed promptly in
accordance with the MURiGipathis Code.
Section 20: Footnote (7) of Table 21.50-1 (Review Authority) of Section 21.50.020
(Authority for Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of
Title 21 of the Code is hereby amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described
in California o„hrGCal. Pub. Resources Code Section 30519(b) and in deferred
certification areas designated by the Local Coastal Program shall require a permit issued
by the Coastal Commission in accordance with procedures specified by the Coastal
Commission, in addition to other permits or approvals required by the City.
Section 21: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by
Jurisdictional Boundaries) of Chapter 21.50 (Permit Application Filing and Processing) of
Title 21 of the Code are hereby amended to read as follows:
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed
development is located within both the Coastal Commission's and City's coastal
development permit jurisdictions, coastal development permits are required by both the
City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal
Commission agree, the Coastal Commission can process a consolidated coastal
23- 70
development permit application pursuant to the procedures in Cal. Pub.lie Resources
Code; Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles
the boundaries of the City and another local government, the applicant must obtain
separate coastal permits from each jurisdiction. An exception is possible for public
agencies that, pursuant to California Cal. Pub.4G Resources Code Section 30605, may
obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally
issued coastal permits.
Section 22: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development
Review Procedures) of Title 21 of the Code is hereby amended to read as follows:
This chapter provides procedures to ensure that all public and private development in the
coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Cal.
Pub.4c- Resources Code) as amended, in accordance with the City's Local Coastal Land
Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply
in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this
chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine
whether or not a proposal in the City's permitting jurisdiction constitutes development and
whether or not that development requires a coastal development permit or is exempt. No
provision contained in any other chapter of the Implementation Plan, nor in any other City
policy or regulations, shall be used in such determinations.
Section 23: Subsections (13)(1) and (H) of Section 21.52.015 (Coastal Development
Permits) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the
Code are hereby amended to read as follows:
(13)(1) Coastal Development Permit Issued by the Coastal Commission. Developments
on tidelands, submerged lands, and public trust lands as described in Cal. Pub_4G
Resources Code Section 30519(b) and in deferred certification areas designated by the
certified Local Coastal Program require a permit or exemption issued by the Coastal
Commission in accordance with the procedure as specified by the Coastal Act. Areas of
Coastal Commission permit jurisdiction and deferred certification areas are generally
depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local
action on an exemption or coastal development permit application and meeting the
requirements of Title-14 Cali#erRia CCR Cal. Code Regs.elattens-Section 13570, a
notice of its final action shall be sent, by first class mail, to the applicant, the Coastal
Commission, and any persons who specifically request such notice by submitting a self-
addressed, stamped envelope to the City. Such notice shall be accompanied by a copy
of the exemption, denial, or coastal development permit approval with conditions of
approval and written findings and the procedures for appeal of the action to the Coastal
Commission.
23-71
Section 24: Subsections (C) introductory paragraph, (C)(1)(d)(i), (C)(2)(d)(i), (C)(4)(d),
and (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21
of the Code are hereby amended to read as follows:
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's
permit jurisdiction determined to be exempt from the coastal development permit
requirements pursuant to SatifeFria Cal. Pub_4G Resources Code Section 30610. The
following types of projects shall be so exempted unless they involve a risk of adverse
environmental effects:
(C)(1)(d)(i) An increase of ten (10) percent or more of the floor area of existing structure(s)
on the building site or an additional improvement of ten (10) percent or less where an
improvement to the structure has previously been undertaken pursuant to GalifGFRia
PubliGCal. Pub. Resources Code Section 30610(a) and/or this subsection.
(C)(2)(d)(i) An increase of ten (10) percent or more of the internal floor area of existing
structure(s) on the building site or an additional improvement of ten (10) percent or less
where an improvement to the structure has previously been undertaken pursuant to
GalifGFRia Cal. Pub. Resources Code Section 30610(a) and/or this subsection_
(C)(4)(d) Unless destroyed by disaster, the replacement of fifty (50) percent or more of a
single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any
other structure is not repair and maintenance under GalifGFRia PubliGCal. Pub. Resources
Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal
development permit.
(C)(7) Time -Share Conversions. Any activity anywhere in the coastal zone that involves
the conversion of any existing multiple -unit residential structure to a time-share project,
estate, or use, as defined in Section 11003.5 of the Cal. Business and& Prof. �
Code. If any improvement to an existing structure is otherwise exempt from the permit
requirements of this part, no coastal development permit shall be required for that
improvement on the basis that it is to be made in connection with any conversion exempt
pursuant to this subsection. The division of a multiple -unit residential structure into
condominiums, as defined in Section 783 of the Cal. Civ.4 Code, shall not be considered
a time-share project, estate, or use for purposes of this subsection.
Section 25: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal
Development Review Procedures) of Title 21 of the Code is hereby amended to read as
follows:
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a
categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub.
Resources Code Sections 30610(e) or 30610.5_ of the Publin QeseurGes Code and 14
CCR
6 ref Doyocion 5.5 of Title 14 of the California Cede of Regulations (Sections 13215 et seg.
23-72
- 35 and 14 CCR Section 240 et seg-249-). Records of such categorical exclusions shall
be kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal
Commission and to any person who has requested such notice within five
businessg days of issuance. The notice of exclusion may be issued at the time of
project application but shall not become effective until all other approvals and permits
required for the project are obtained. A copy of all terms and conditions imposed by the
City shall be provided to the Coastal Commission, per 14 CCR Cal. Code of Recis-.-Section
13315 of the California Code of Regulations.
Section 26: Subsection (A) of Section 21.52.075 (Coastal Commission Review of
Recorded Access Documents) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 of the Code introductory paragraph is hereby amended to read as
follows:
A. Standards and Procedures. Upon final approval of a coastal development permit
or other authorization for development, and where issuance of the permit or authorization
is conditioned upon the applicant recording a legal document which restricts the use of
real property or which offers to dedicate or grant an interest or easement in land for public
use, a copy of the permit conditions, findings of approval, and drafts of any legal
documents proposed to implement the conditions shall be forwarded to the Coastal
Commission for review and approval prior to the issuance of the permit consistent with
the following procedures and 14 CCR Galifnrnia redo "f Re UlatiORsGal Cede of Qo
Section 13574:
Section 27: Subsection (B) of Section 21.54.030 (Effective Date of Permits — Notice of
Final Action) of Chapter 21.54 (Permit Implementation, Time Limits, and Extensions) of
Title 21 of the Code is hereby amended to read as follows:
B. Notice of Final Action. Final City action on permits for sites located within the City's
coastal zone shall be documented by the notice of final local action which the City sends
to the Coastal Commission within seven days of the City's final action on a CDP
application and compliance withTitle 14 California Code ef RegulatiORsCCIR Gak-Bede
S—Section 13570.
Section 28: Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 of the Code is hereby amended to read as
follows:
Afinal action taken by the City on a coastal development permit application for appealable
development as defined in subsection (A) of this section may be appealed to the Coastal
Commission in compliance with this section and Title14
Reg latinncCCR Gal. Code of Regs.-Sections 13111 through 13120 and
of the Coastal
Act Section 30603. If there is any conflict between the provisions of this
�
section or Ti�14 California Code of Reg latinncCCR rah Code of Rees. Sections 13111
23- 73
through 13120 and Section 30603 of the Coastal Act, Title14
Regulati^ncCCR Cal. rode of Regs. Sections 13111 through 13120 and Section 30603
of the Coastal Act shall control.
A. Appealable Development —Cal. Pub.4c Resources Code Section 30603(a). A
decision by the City on a coastal development permit application within the appeal areas
identified in Cal. Pub.4c Resources Code Section 30603(a) as generally depicted on the
Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development
approved or denied by the City on a coastal development permit application for a project
that constitutes a major public works project or energy facility may be appealed to the
Coastal Commission.
B. Status of Appellant.
1. Who May Appeal. An appeal maybe filed by an applicant, an aggrieved person,
or two members of the Coastal Commission in compliance with Cal. Pub.
Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub.4G Resources Code
Section 30801, an aggrieved person is any who, in person or through a
representative, appeared at a public hearing held before the Zoning Administrator,
Planning Commission, or Council in connection with the decision or action
appealed, or who, by other appropriate means prior to a hearing, informed the City
of the nature of their concerns or who for good cause was unable to do either.
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may
appeal a City decision on a coastal development permit application to the Coastal
Commission only after exhausting all appeals to the Planning Commission and Council
in compliance with this chapter. Exhaustion of all local appeals shall not apply to any
circumstance identified in Cal. Code of Reg§iula14 CCR Section 13573(a), including,
but not limited to, the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter
because City notice and
+hearing
� procedures did not comply with T44-e-14; DOVOSOOR
5.5, Chapter 8,, SubGh-apter 2, A1zir�.le 17 f the California Ged^ of C?^^�atiOn-rsCCR
Section 13573 .; or
2. The local government jurisdiction changes an appeal for the filing or processing
of appeals.
In addition, in accordance with 14 CCR Cal. Code of Reg§ '^+�TSection 13573(b),
there shall be no requirement of exhaustion of local appeals when an appeal of a City
decision is filed by two members of the Coastal Commission in compliance with Cal.
Pub.4c- Resources Code Section 30625. Notice of a Coastal Commissioners' appeal shall
23-74
be transmitted to the City in compliance with Title-14 Galif„r„ia Cap Code ef Reg,g
CCR.u's Section 13111(d). The Director may transmit the Commissioners' appeal to
the local appellate body (which considers appeals from the local body that rendered the
final decisions subject to the Commissioner appeal), and the Commissioners' appeal may
be suspended pending a decision on the merits by that local appellate body. If the final
action by an appellate body modifies or reverses the previous decision, the Coastal
Commissioners shall be required to file a new appeal from that decision.
D. Grounds forAppeal to Coastal Commission —Cal. Pub.4c- Resources Code Section
30603. The grounds for an appeal to the Coastal Commission of a City final action on a
coastal development permit application are as follows:
1. For approval of a coastal development permit as described in subsection (A)
of this section, an allegation that the project does not conform to the standards
of the Local Coastal Program or the public access policies of the Coastal Act.
2. For denial of a development described in subsection (A) of this section, an
allegation that the project conforms to the standards of the Local Coastal
Program and the public access policies of the Coastal Act.
E. Notice of Final Action on Appeals within the Coastal Zone. Where a local appeal
has been filed and decided on a project that is appealable to the Coastal Commission in
compliance with this section, the City shall provide notice of the final action (see also
the requirements of Section 21.52.015(H), Notice of Final Action).
F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a
Council decision on an appealable development shall be filed with the Coastal
Commission within ten (10) working days of the receipt by the Coastal Commission of
adequate notice of final City action, in compliance with this chapter and the Coastal Act.
The beginning of the ten (10) working day appeal period shall be established by Coastal
Commission staff.
G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the
applicant, any persons known to be interested in the application and the City of the filing
the appeal. Notification shall be by delivering a copy of the completed notice of appeal to
the domicile(s), office(s), or mailing address(es) of said parties. In any event, such
notification shall be by such means as may reasonably advise said parties of the
pendency of the appeal. Unwarranted failure to perform such notification may be grounds
for dismissal of the appeal by the Commission.
Section 29: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68
(Enforcement) of Title 21 of the Code is hereby amended to read as follows:
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C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions
contained in this chapter, the provisions of Cal. Pub. Resources Code Division 20,
Chapter 9 of Divisionr20 of the P bli^ Qec^ rGes GeQe shall also apply with respect to
violations and enforcement and the City and the Commission shall have the enforcement
powers described therein.
Section 30: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title
21 of the Code is hereby amended to incorporate the suggested modifications from the
California Coastal Commission and reads as follows:
This part provides definitions of terms and phrases used in this Implementation Plan that
are technical or specialized, or that may not reflect common usage. If the definitions in
this part conflict with definitions in other provisions of the MYROGnpalthis Code, these
definitions shall control for the purposes of this Implementation Plan. If a word is not
defined in this part, or elsewhere in this Implementation Plan, the most common dictionary
definition is presumed to be correct.
As used in this Implementation Plan, the following terms and phrases shall have the
meaning ascribed to them in this part, unless the context in which they are used clearly
requires otherwise.
Section 31: The following definitions in Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 of the Code are hereby
amended to read as follows:
"Aggrieved person" means any person who, in person or through a representative,
appeared at a public hearing held before the Zoning Administrator, Planning Commission,
or Council in connection with the decision or action appealed, or who, by other appropriate
means prior to a hearing, informed the City of the nature of their concerns or who for good
cause was unable to do either (Cal. Pub.k--Resources Code Section 30801).
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all
of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption
off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20
(off -sale beer and wine —package store) or License Type 21 (off -sale general —
package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products
and the display area for alcoholic beverages does not exceed thirty (30) percent
of the net floor area of the use. Illustrative examples include GGRyenionno maFkets
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drug stores, grocery stores, and supermarkets, but do not include convenience
markets.
"Review authority" means the individual or official City or State body identified by this
Implementation Plan as having the responsibility and authority to review and approve or
disapprove ministerial and discretionary permit applications described in this
Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning
Commission ("Commission"), the DlaRRiRg Dir^ntGFCommunity Development Director
("Director"), the Zoning Administrator ("Zoning Administrator"), the Community
Development Department ("Department"), the City Traffic Engineer, the Public Works
Director and the California Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated
by man for domestic or commercial purposes but kept for display. Includes an
animal that may be imported, transported, or possessed only by first obtaining a
California Department of Fish and Game Permit, as required in 14 CCR GafiferRia
Gede of Regulat,eRsCal. Code of Section 671 (Importation,
Transportation and Possession of Live Restricted Animals).
"Area median income" means the median income, adjusted for family size, applicable to
Orange County, established by the U.S. Department of Housing and Urban Development,
and published annually by the California Department of Community Development in the
25 CCR Oarralif^r„ia Gode ^o RegsIatieRsTitle Section 6932 (^r its SUGGesse
Provision).
"California Environmental Quality Act (CEQA)" means a State law (California Cal. Pub_4G
Resources Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion
area boundary adopted in compliance with the California Coastal Act (Cal. Pub_4G
Resources Code Section 30000 et seq.).
"Categorical exclusion order" means a decision issued by the California Coastal
Commission in compliance with the Coastal Act (Cal. Pub.4G Resources Code Section
30610(e)), in which the Coastal Commission excludes certain categories of development
from requirements to obtain coastal development permits from the Coastal Commission.
A categorical exclusion order automatically terminates upon the effective date of the
delegation of development review authority to a local government in compliance with 14
Cafifernia-CCR Cal Cede ^f Reg „latiens Section 13249(b).
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"Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA
Guidelines(Title 14, California ray Code of aeg� „l -&), an exemption from CEQA for
a class of projects based on a finding by the Secretary of Resources that the class of
projects does not have a significant effect on the environment.
"Coastal Commission" means the California Coastal Commission, the State agency
established by State law responsible for carrying out the provisions of the California
Coastal Act of 1976, as amended (Cal. Pub_tc- Resources Code Section 30000 et seq.)
and for appellate review of decisions rendered by a City review authority.
"Coastal Commission exclusion areas" means the boundaries of the areas where a
category of development, or a category of development within a specifically defined
geographic area, is excluded from the coastal development permit requirements pursuant
to Cal. Pub. Resources Code Section 30610, which shall be established by the terms
and conditions applied to each categorical exclusion order by the Coastal Commission.
"Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged
lands, and public trust lands described in Section 30519(b) of the Cal. Pub.4G Resources
Code where the Coastal Commission retains permit jurisdiction.
"Coastal -dependent development or use" means any development or use which requires
a site on, or adjacent to, the sea to be able to function at all (from pia Cal. Pub_.4G
Resources Code Section 30101).
"Coastal development permit (CDP)" means a permit for any development within the
coastal zone that is required pursuant to subdivision (a) of Cal. Publ_.ie_ Resources Code
Section 30600.
"Coastal -related development or use" means any development or use that is dependent
on a coastal -dependent development or use (from California Cal. Pub_ G Resources Code
Section 30101.3).
"Coastal zone" means the geographic zone adjacent to the shoreline, the land and water
area boundaries of which are determined by the California Coastal Act of 1976, as
amended (Cal. Pub_4G Resources Code Section 30000 et seq.).
WUROGipal Code" means the Newport Beach Municipal Code of the Gity of Nowrmnrf
Beach, as amended
"Condominium" means a form of property ownership providing for individual ownership of
space in a structure together with an individual interest in the land or other parts of the
structure in common with other owners. Includes a condominium project, community
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apartment project, or stock cooperative, as defined in Gafifernia Cal. Civ_.4 Code Section
1351.
"Density•. 05915 et
Ow N -.
households. See 'N ry, low .. dincrease over the maximum allowable densitV under the applicable coastal zonin d istri
and Coastal Land Use Plan as of the date of aDDlication.
ensi
means on land, in or under water, the placement or erection of solid
material or a structure; discharge or disposal of dredged material or of gaseous, liquid,
solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials;
change in the density or intensity of use of land, including, but not limited to, subdivision
in compliance with the Subdivision Map Act (commencing with GGVeFRFne4# Cal. Gov.
Code Section 66410), and another division of land, including lot splits, except where the
land division is brought about in connection with the purchase of the land by a public
agency for public recreational use; change in the intensity of use of water, or of access
thereto; construction, reconstruction, demolition, or alteration of the size of a structure,
including a facility of a private, public, or municipal utility; and the removal or harvesting
of major vegetation other than for agricultural purposes and kelp harvesting.
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to,
detached from, or contained within the principal dwelling unit on a site zoned for
residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in S8GtieR 17958.1 of the GalifGFRia Cal. Health ate&
Safety Code Section 17958.1,
2. A manufactured home, as defined in SeGtieR 18007 of the GalifeFnia Cal. Health
ate& Safety Code Section 18007,
"Emergency" means any sudden, unexpected occurrence demanding immediate action
to prevent or mitigate loss of or damage to life, health, property or essential public services
as used in Cal. Pub.4G Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health &and Safety Code
Section 50801(e), a facility with minimal supportive services for homeless persons.
"Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub.4G Resources
Code Section 30107.5 means an area in which plant or animal life or their habitats are
23-79
either rare or especially valuable because of their special nature or role in an ecosystem
and which could be easily disturbed or degraded by human activities and developments.
"Explosives" means a substance defined as an explosive by Cal. Health and& Saf.ety
Code Section 12000 et seq., and for which a permit is required by the Cal. Health and&
Safety Code. See also "Hazardous materials."
"General Plan" means the City of Newport Beach General Plan, and all amendments
thereto, as adopted by the City Council under the provisions of Cal. Gov_eFRMeRt Code
Section 65300 et seq., and referred to in this Implementation Plan as the "General Plan."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act,
Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4,
Chapter 3 (Cal. Gov.GE)VeFnmon+ Code Section 66410 et seq.), that is used to complete
the subdivision of five for more lots. See also "Parcel map" and "Tentative map."
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal.
Gov.Gever^mon+ Code Section 66412(d)), a lot line adjustment that relocates one or
more lot lines between two or more existing adjacent lots, where land taken from one lot
is added to an adjacent lot and where no more lots are created than originally existed.
"Major energy facility" means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or
other source of energy which exceeds one hundred thousand dollars ($100,000) in its
estimated cost of construction with an automatic increase in accordance with the
Engineering News Record Construction Cost Index, except for those governed by the
provisions of Cal. GafifGFRia Pubfio Pub. Resources Code Section 30610, 30610.5, 30611
or 30624.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article
3, Chapter 2 (Cal. Geyernrne.,+ Gov. Code Section 66410 et seq.), which is required to
complete a subdivision of four for fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can
be carried out with little alteration or improvement to existing topography of a site, with
the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking,
jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been
convicted of a federal crime, sentenced to a United States prison, and received
conditional and revocable release in the community under the supervision of a federal
parole officer; (2) any individual who has served a term of imprisonment in a State prison
23-80
and who is serving a period of supervised community custody, as defined in Cal. Pen.af
Code Section 3000, and is under the jurisdiction of the California Department of
Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced
to a term in the California Youth Authority and who has received conditional and revocable
release in the community under the supervision of a Youth Authority Parole Officer; or (4)
any individual who has been convicted of a felony, sentenced to any correctional facility,
including County correctional facilities, and is under the jurisdiction of any federal, State,
or County parole or probation officer. For the purposes of this definition, "felony" means a
felony as defined by any California or United States statute.
"Public trust lands" means all lands subject to the Common Law Public Trust for
commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands
include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic
tidelands and submerged lands that are presently filled or reclaimed and which were
subject to the public trust at any time (14 Gafi#e riaCCR Cal Gede of Re „latieRs
Section 13577). See "Submerged lands" and "Tidelands."
"Senior citizen housing development" means a residential development developed,
substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-
five (55) years of age or older) that has at least thirty-five (35) dwelling units and that
conforms to Cal. Civ.+4 Code Section 51.3(b)(4).
"Specific plan" means, under Cal. GeveMmon+ Gov. Code Section 65450 et seq., a policy
statement and implementation tool adopted by the City Council that addresses a single
project or planning problem. A specific plan may include detailed regulations, conditions,
programs, and/or proposed legislation that may be necessary or convenient for the
systematic implementation of a General Plan element(s).
"Subdivision" means the division by any subdivider of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as contiguous units
even if it is separated by roads, streets, utility easement or railroad rights -of -way.
Subdivision includes a condominium project, as defined in subdivision (F) of Section 1351
of the Cal. CivJ4 Code Section 1351 (f), a community apartment project, as defined in
subdivision (D) of Qontion 1351 of the Cal. Civ.+4 Code Section 1351 (D), or the conversion
of five aor more existing dwelling units to a stock cooperative, as defined in subdivision
() of of 1351 of the Cal. Civ_.+4 Code Section 1351 (M) . [Note: same meaning as in
the Subdivision Map Act.]
"Subdivision Map Act" means Division 2, Title 7 of the California Cal. Government Gov.
Code, commencing with Section 66410, as amend o�, regarding the subdivision of real
property.
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"Submerged lands" means lands that lie below the line of mean low tide (14 CCR frGm
GaInfornma Cal Code of Regulations Roos Section 13577). See "Public trust lands."
"Supportive housing" means housing with no limit on length of stay, that is occupied by
the target population, as defined by co„+ion 53260(d) of the Calif„r„ia Cal. Health aft&
Safety-Saf. Code Section 53260 (d), and that is linked to on -site or off -site services that
assist the tenant to retain the housing, improve his or her health status, maximize their
ability to live and, when possible, to work in the community. Supportive housing that is
provided in single-, two-, or multi -family dwelling units, group residential, parolee -
probationer home, residential care facilities, or boarding house uses shall be permitted,
conditionally permitted or prohibited in the same manner as the other single-, two- or
multi -family dwelling units, group residential, parolee -probationer home, residential care
facilities, or boarding house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision
Map Act (Cal. Geyern„- ep Gov. Code Section 66410 et seq.) that specifies the conditions
that must be satisfied and the details that must be provided before approval of a final
map. See also
"Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean
low tide (14 CCR from California (col Cede of Rove nations Roca. Section 13577). See
"Public trust lands."
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee
to transient guests for sleeping purposes. Access to units is primarily from interior
lobbies, courts, or halls. Related accessory uses may include conference and
meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or
may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks,
stoves, and ovens). Hotels with kitchen facilities are commonly known as extended
stay hotels. A hotel operates subject to taxation under Cal. Revenue—ana
TaxatnenRev. & Tax. Code Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to
transient guests for sleeping purposes. Guest rooms do not contain kitchen
facilities. A motel is distinguished from a hotel primarily by direct independent
access to, and adjoining parking for, each guest room. A motel operates subject
to taxation under Cal. Revenue and Taxatm in Rev. & Tax. Code Section 7280.
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