HomeMy WebLinkAbout2005-64 - Local Coastal Program Land Use PlanRESOLUTION NO. 2005- 64
._./ A .RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. 2004 -001
(PA2003 -093) FOR A COMPREHENSIVE UPDATE
OF THE LOCAL COASTAL PROGRAM LAND USE
PLAN INCORPORATING COASTAL COMMISSION
MODIFICATIONS
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WHEREAS, the California Coastal Act of 1976 established policies
relating to shoreline public access and recreation, lower cost visitor I
accommodations, terrestrial and marine habitat protection, visual resources,
landform alteration, agricultural lands, commercial fisheries, industrial uses, i
water quality, offshore oil and gas development, transportation, development
design, power plants, ports, and public works; and
WHEREAS, in order to achieve maximum responsiveness to local
conditions, accountability, and public accessibility, the Coastal Act relies heavily on
local government and local land use planning procedures and enforcement through
the preparation of local coastal programs; and
WHEREAS, the Land Use Plan portion of City of Newport Beach Local ;
Coastal Program was adopted in 1981 and certified by the Coastal Commission
in 1982. However, the Implementation Plan of the Local Coastal Program was
never completed; and
WHEREAS, Senate Bill 516 amended the Coastal Act to require the City.
of Newport Beach to submit a local coastal program for all of the geographic area
within the coastal zone and the city's corporate boundaries as of June 30, 2000:
to the Coastal Commission for approval and,certification; and
WHEREAS, a comprehensive update of the Land Use Plan is necessary
before the Implementation Plan can be completed and the Local Coastal Program
certified; and
WHEREAS; the Local Coastal Program Certification Committee reviewed
drafts of the updated Local Coastal Program Land Use Plan (Coastal Land Use
Plan) in seventeen public meetings; and
WHEREAS, public hearings on the Coastal Land Use Plan were held by the
Planning Commission on March 4, 2004, March 18, 2004, and April 22, 2004, in the
City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and .purpose of the aforesaid meetings were given in
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accordance with the Municipal Code. Evidence, both written and oral, was
presented to and considered by the Planning Commission at these meetings; and
WHEREAS, a public hearing on the Coastal Land Use Plan was held by the
City Council on May 25, 2004, in the City Hall Council Chamber, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given in accordance with the Municipal Code. Evidence,
both written and oral, was presented to and considered by the City Council at this
meeting; and
WHEREAS, on May 25, 2004, the City Council approved the Coastal Land
Use Plan and authorized submittal of the Coastal Land Use Plan to the Coastal
Commission for formal review and approval; and
WHEREAS, on October 13, 2005, the Coastal Commission certified the
Coastal Land Use Plan with the modifications contained in Exhibit 1 on grounds
that the Coastal Land Use Plan with suggested modifications will meet the
requirements of, and be in conformity with, the policies of Chapter 3 of the Coastal
Act; and
WHEREAS, the City Council finds as follows:
1. The Coastal Land Use Plan indicates the kinds, location, and
intensity of land uses and applicable resource protection and
development policies.
2. The Coastal Land Use Plan is intended to be carried out in a
manner fully in conformity with the California Coastal Act.
3. The Coastal Land Use Plan meets the requirements of, and is in
conformity with, the policies of Chapter 3 (commencing with Section
30200) of the California Coastal Act.
4. Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the proposal is statutorily
exempt from CEQA pursuant to Section 15265(a) (1) of the
California Code of Regulations, Title 14, and Chapter 3.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned
findings, the City Council hereby adopts the Coastal Land Use Plan with the
modifications approved by the Coastal Commission (Exhibit 1) as contained in
attached Exhibit 2.
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This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on December 13, 2005, by the following vote, to wit:
AYES, COUNCIL MEMBERS Heffernan, Selich,
Ridgeway, Daigle, Mayor Webb
NOES, COUNCIL MEMBERS Nichols
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
EXHIBIT 1
Coastal Commission Modifications
SUGGESTED MODIFICATIONS
N PB- MAJ -1 -04
1. Number the maps included in the Land Use Plan.
CHAPTER 1 (INTRODUCTION)
2. 1.1 Purpose
This document establishes the Coastal Land Use Plan of the Local
Coastal Program of the City of Newport Beach, prepared in accordance
with the California Coastal Act of 1976. The Coastal Land Use Plan sets
forth goals, objectives, and policies that govern the use of land and water
in the coastal zone within the City of Newport Beach and its sphere of
influence, with the exception of Newport Coast and Banning Ranch. The
Physical boundaries of the area to which the Coastal Land Use Plan
applies are shown on the Coastal Land Use Map, included as Map
[Suggested Mod 11. Newport Coast is governed by the previously
certified and currently effective Newport Coast segment of the Orange
County Local Coastal Program. Banning Ranch is a Deferred
Certification Area (DCA) due to unresolved issues relating to land use,
public access and the protection of coastal resources (see Section
2.2.4).
3. 1.3 General Policies
The following policies shall be applied to achieve the goals and objectives
of the Coastal Act in applying the policies of this Coastal Land Use Plan:
The policies of Chapter 3 of the Coastal Act (PRC Sections 30200
— 30263 30265.5) shall be the guiding policies of the Coastal Land
Use Plan.
3-2. Where there are conflicts between the policies set forth in this
Coastal Land Use Plan and those set forth in any element of the City's
General Plan, zoning, or any other ordinance, the policies of the Coastal
Land Use Plan shall take precedence. However, in no case, shall the
policies of the Coastal Land Use Plan be interpreted to allow a
development to exceed a development limit established by the General
Plan or its implementing ordinances.
3. In the event of any ambiguities or silence in this Coastal Land
Use Plan not resolved by (1) or (2) above, or by other provisions of
the City's LCP. the Chapter 3 policies of the Coastal Act shall guide
interpretation of this Coastal Land Use Plan.
5. No provision of the Coastal Land Use Plan or the Coastal Act
is a limitation on any of the following:
A. On the power of the City to declare, prohibit, and abate
nuisances.
B. Except as otherwise limited by state law, on the power of
the City to adopt and enforce additional regulations, not in
conflict with the Coastal Land Use Plan or the Coastal Act,
imposing further conditions, restrictions, or limitations with
respect to any land or water use or other activity which
might adversely affect the resources of the coastal zone.
4. Section 1.4, last paragraph on page 1 -3:
After certification of an LCP, coastal development permit authority is delegated to
the appropriate local government. The Coastal Commission retains original
permit jurisdiction over certain specified lands, such as submerged lands,
tidelands, and public trust lands, and has appellate authority over development
approved by local government in specified geographic areas and for major
Public works proiects and maior energy facilities. In authorizing coastal
development permits, the local government must make the finding that the
development conforms to the certified LCP. Furthermore, after certification of
the LCP. City actions on applications for Coastal Act authority to conduct
certain tvpes of development and development within certain geographic
areas. are appealable to the Coastal Commission.
CHAPTER 2 (LAND USE AND DEVELOPMENT)
5. Section 2.1.1, Planning Study Areas, Planning Study Area 3 (McFadden
Square), Modify second paragraph on page 2 -7 as follows:
Retail and Service Commercial areas are intended to provide for a broad
range of coastal - related and visitor - serving commercial uses. Professional
and business offices not providing goods and services to the public, or not
ancillary to an otherwise permitted use, are allowed only on the second floor
or above. In the primary visitor - serving core, non - priority commercial
uses are prohibited on the -ground floor. The McFadden Square primary
visitor - serving core is bounded to the west by the first row of properties
fronting on 23rd Street, to the north by Balboa Boulevard, to the east by
the first row of properties fronting on McFadden Place, and to the south
by the sandy beach, excluding properties currently designated and
constructed as residential uses.
6. Section 2.1.1, Planning Study Areas, Planning Study Area 4 (Balboa Village),
Modify last paragraph on page 2 -8 as follows:
Although the Balboa Village provides a number of businesses that are
oriented to visitors of the coastal zone, a wide range of commercial uses need
to be permitted in order to maintain year - around economic viability.
However, within the primary visitor - serving core, non - priority
commercial uses are prohibited on the -ground floor. The Balboa Village
primary visitor - serving core is bounded to the west by Adams Street, to
the north by the Newport Harbor, to the east by A Street, and to the
south by the sandy beach, excluding properties currently designated
and constructed as residential uses or as public facilities.
7. Section 2.1.1, Planning Study Areas, Establish new Planning Study Area 7
(Marine Avenue) and insert following text:
Planning Study Area 7 (Marine Avenue). Marine Avenue is a two -block
retail district on Balboa Island. Marine Avenue reflects the unique
characteristics of the Balboa Island community. Balboa Island is known
for its casual and laid -back lifestyle and Marine Avenue serves as its
town square. Marine Avenue has a number of small - scale, locally -
owned businesses, including restaurants, retail shops, art galleries, and
services. This small -town downtown atmosphere has made Marine
Avenue a popular visitor destination.
Although Marine Avenue does not have the typical 'tourist- driven" mix
of shops and businesses, visitors are drawn there to experience a
Southern California coastal island community. The number and variety
of businesses cannot be supported by the local economy alone and
without local support, most of these businesses could not survive year -
round. Therefore, the continued success of the retail economy on
Marine Avenue is contingent on businesses that serve both local
residents and visitors.
The area is designated for Commercial Residential and Public Facilities.
Residential uses are permitted in commercial areas on the second floor
or above where the around floor is occupied by a commercial use. Non-
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priority commercial uses are prohibited on the _ground floor. The
maximum floor area to land area ratio for commercial - residential
development is 1.25.
2.2.1 -1 Continue to allow redevelopment and infill development within and
adjacent to the existing developed areas in the coastal zone subject to the
density and intensity limits and resource protection policies of the Coastal
Land Use Plan.
9. New Policy (2.2.1 -3) _Provide commercial facilities within or adjoining
residential development or in other areas that will minimize the use of
coastal access roads.
10. Section 2.2.2 In order to ensure that development within the coastal zone is
consistent with the LCP and any applicable policies from Chapter 3 of the
Coastal Act, the City will require a coastal development permit prior to
commencement of any development in the coastal zone, with the exceptions
of developments in areas where the Coastal Commission retains permit
jurisdiction, developments where an amendment to a Coastal
Commission - issued permit is required, developments determined to be
categorically excluded according to the categories and standards established
by the Coastal Commission, and developments determined to be excluded
from the coastal development permit requirements pursuant to Public
Resources Code Section 30610 and its implementing regulations.
Development may also be excluded from permit requirements pursuant
circumstances. respectively.
11.2.2.2 -3 Incorporate the terms and conditions of categorical exclusions into
the Zoning Bede Implementation Plan.
12. New Policy (Section 2.2.2) Implement building design and siting
regulations to protect coastal resources and public access through
height, setback, floor area, lot coverage, building bulk, and other
Property development standards of the Zoninq Code intended to control
building placement. height, and bulk.
13.2.2.3 -4. Provide a _graphical Depict representation of the terms of the
categorical exclusion order by depicting the subject properties severed
by eateg9FiGal ex-1- isiens On the ovca�a'S.oi , ncas a Permit and Appeal
Jurisdiction Map and incorporate into the Implementation Plan. In case
a conflict exists between the Permit and Appeal Jurisdiction Map and
the text of the categorical exclusion order, the text of the categorical
exclusion order shall govern the terms of the exclusion.
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14.2.2.4 Banning Ranch shall remain a deferred certification area until such
time as the future land uses for the property are resolved and policies are
adopted to address the future of the oil and gas operations, public access,
and the protection of the coastal resources on the property.
15.2.2.5 -1 Legally established nonconforming structures may be maintained
and repaired, as specified by the terms of this policy. Interior alterations,
structural alterations, and additions shall be limited as follows. Individual
proiect review will determine when a coastal development permit is
required.
Nonstructural interior alterations shall not exceed 50 percent of the
replacement cost of a nonconforming structure.
2. Alteration of more than 25 percent of the structural elements of a
nonconforming structure shall be subject to discretionary review and
approval by the City.
3. Additions shall be permitted to structures that are legally nonconforming
due to reasons other than for parking, open space, resource protection,
floor area, or building bulk. Additions of more than 25 percent of the gross
floor area of a nonconforming structure shall be subject to discretionary
review and approval by the City.
4. No alternations or additions to a nonconforming structure shall increase
the degree of the structure's nonconformity.
5. When proposed development would involve demolition or
replacement of 50 percent or more of the exterior walls of an existing
structure that is legally non - conforming due to a coastal resource
protection standard, the entire structure must be made to conform
with all current development standards and applicable policies of the
Coastal Land Use Plan.
16. New Policy (Section 2.3.1). Protect special communities and
neighborhoods which, because of their unique characteristics, are
popular visitor destination points for recreational uses.
17. New Policy (Section 2.3.1). Where feasible, reserve upland areas
necessary to support coastal recreational uses for such uses.
18. New Policy (Section 2.3.1). Prohibit the following non - priority
commercial uses on the ground floor of commercial properties within
the primary visitor - serving areas of McFadden Square (PSA 3) and
Balboa Village (PSA 4), and along Marine Avenue (PSA 7):
1. Daycare
2. Residential Care
3. Building Materials and Services
4. Funeral and Internment Services
5. Laboratories
6. Health /Fitness Clubs
7. Research and Development
8. SRO Residential Hotels
9. Industry
10. Mininq and Processing
11. Clubs and Lodges
12. Government Offices
13. Religious Assembly
14. Maior Utilities
15. Animal Hospitals
16. Maintenance and Repair Services
17. Offices, Business and Professional (not serving- visitors)
18. Vehicle Sales
19. Vehicle Storage
19.2.3.2 -1. Continue to use public beaches for public recreational uses and
prohibit esmmers+al uses on beaches that interfere with public access and
enjoyment of coastal resources.
20.2.4.1 -5 Protect and €encourage and maintain facilities that serve marine -
related businesses and industries unless the (4RFn2Rd- for ;.,eti F^ ^''ties no
IeRgeF exists present and foreseeable future demand for such facilities
are already adequately provided for in the area. Encourage coastal -
dependent industrial facilities to locate or expand within existing sites
and allowed reasonable Iona -term growth.
21. 2.5.2 -1. Geatiaae-te- aAdminister the use of tidelands and submerged lands
in a manner consistent with the tidelands trust and all applicable laws,
Including Chapter 70 of the Statutes of 1927. the Beacon Bay Bill (Chapter
74, Statutes of 1978), SB 573 (Chapter 317, Statutes of 1997), AB 3139
(Chapter 728, Statutes of 1994), and Chapter 715, Statutes of 1984 and the
Coastal Act.
22.2.5.2 -2. Give full GOR60de-Fatinn te Promote the public's right of access to
the ocean, beach, and bay and to the provision of coastal dependent uses
adjacent to the water in the leasing or re leasing of publicly owned land.
ON
23.2.5.2 -3. Give full Genside; ate„ to Evaluate and ensure the consistency of
the proposed use with the public trust restrictions and the public interest at
the time any tideland lease is re- negotiated or renewed.
24. New Policy (Section 2.6): Where feasible, locate new hazardous
industrial development away from existing developed areas
25. New Policy (Section 2.6): Encourage coastal- dependent industrial
facilities to locate or expand within existing sites and permit reasonable
Iona -term arowth where consistent with the Coastal Land Use Plan
26.2.6 -1 In the areas designated for industrial land uses give priority to
Gcoastal- dependent and coastal - related industrial uses shaI444ave- prieriky
over other industrial uses on or near the shoreline.
27.2.6 -2.
28.2.6 -3. RFehibit the een
29. New Policy (Section 2.8.1): Require new development to assure stability
and structural integrity, and neither create nor contribute significantly to
erosion, geologic instability, or destruction of the site or surrounding
area or in any way require the construction of protective devices that
would substantially alter natural landforms along bluffs and cliffs
30. New Policy (Section 2.8.2): Require overnight visitor - serving facilities in
susceptible areas to provide tsunami information and evacuation plans
31. New Policy (Section 2.8.2): Periodically review and update tsunami
preparation and response policies /practices to reflect current
inundation maps and desiqn standards.
32.2.8.3 -3. Develop and implement shoreline management plans for shoreline
areas subject to wave hazards and erosion. Shoreline management plans
should provide for the protection of private PFeper-ty existing development,
public improvements, coastal access, public opportunities for coastal
recreation, and coastal resources. Plans must evaluate the feasibility of
hazard avoidance, restoration of the sand supply, beach nourishment
and planned retreat.
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33.2.8.6 -5. Permit revetments, breakwaters, groins, harbor channels, seawalls,
cliff retaining walls and other structures altering natural shoreline processes
or retaining walls when required to serve coastal- dependent uses or to protect
existing principal structures or public beaches in danger from erosion and
when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply, unless a waiver of future shoreline protection was required
by a previous coastal development permit.
34.2.8.6 -7. Discourage shoreline protective devices on public land to protect
private property /development. Site and design any such protective devices
as far landward as possible. Such protective devices may be considered
only after hazard avoidance, restoration of the sand supply, beach
nourishment and planned retreat are exhausted as possible alternatives.
35.2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75
years) as a condition of approval of a coastal development permit for new
development on a beach, eF shoreline or bluff that is subject to wave action,
erosion, flooding, landslides, or other hazards associated with development
on a beach or bluff. Shoreline protection may be permitted to protect existing
structures that were legally constructed prior to the certification of the LCP,
unless a waiver of future shoreline protection was required by a previous
coastal development permit.
36.2.8.8 -2. Site and design new development to avoid fire hazards and the
need to extend fuel modification zones into sensitive habitats.
37. New Policy (2.9.3): Prohibit new development that would result in
restrictions on public parking that would impede or restrict public
access to beaches, trails or parklands. (including. but not limited to, the
posting of "no parking" signs, red curbing, and physical barriers),
except where such restrictions are needed to protect public safety and
where no other feasible alternative exists to provide public safety.
38. New Policy (2.9.3): If public parking restrictions are allowed to protect
Public safety, require new development to provide an equivalent
quantity of public parking nearbv as mitigation for impacts to coastal
access and recreation, where feasible.
39.2.9.3 -6. Continue to FRequire new development to minimize curb cuts to
protect on- street parking spaces. Close curb cuts to create public parking
wherever feasible.
40. New Policy (Section 2.9): Require that all proposed development
maintain and enhance public access to the coast by providing adequate
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Parking pursuant to the off - street parking regulations of the Zoning
Code in effect as of !date of Commission actionl.
41. New Policy (Section 2.9): Periodically review and update off - street
parking requirements to ensure that new development provides off -
street parking sufficient to serve approved uses.
CHAPTER 3 (PUBLIC ACCESS AND RECREATION)
42.3.1.1 -1. Protect, and where feasible, expand and enhance public access to
and along the shoreline and to beaches, coastal waters, tidelands, coastal
parks, and trails.
43.3.1.1 -11. Require a direct dedication or an Offer to Dedicate (OTD) an
easement for lateral public access for all new shorefront development causing
or contributing to adverse public access impacts. Such dedication or
easement shall extend from the limits of public ownership (e.-g. mean
huh tide line) landward to a fixed point seaward of the primary extent of
development (e.g. intersection of sand with toe or top of revetment
vertical face of seawall, dripline of deck, or toe of bluffl.
44.3.1.1 -12. Require a direct dedication or an Offer to Dedicate (OTD) an
easement for vertical access in all new development projects causing or
contributing to adverse public access impacts, unless adequate access is
available nearby. Vertical access ways shall be a sufficient size to
accommodate two -way pedestrian passage and landscape buffer and
should be sited alonq the border or side property line of the proiect site
or away from existing or proposed development to the maximum
feasible extent.
45. New Policy (Section 3.1.1) Require all direct dedications or OTDs for
public access to be made to a public agency or other appropriate entity
that will operate the accesswav on behalf of the public. Require
accessways to be opened to the public once an appropriate entity
accepts responsibility for maintenance and liability.
46. New Policy (Section 3.1.1) Implement building design and siting
regulations to protect public access through setback and other property
development regulations of the Zoning Code that control building
placement.
47. New Policy (Section 3.1.1) Require new development on ocean - fronting,
residentially zoned properties located between the Santa Ana River
Jetties and the Newport Harbor West Jetty to conform to the setback
requirements of the Zoning Code in effect as of !date of Commission
actionj to prevent impacts to public access.
48. New Policy (Section 3.1.1) Where there is substantial evidence that
prescriptive rights of access to the beach exist on a parcel,
development on that parcel must be designed, or conditions must be
imposed, to avoid interference with the prescriptive rights that may
exist or to provide alternative, equivalent access.
49. New Policy (Section 3.1.1) Encourage the acceptance, improvement and
opening of OTDs to the public by the City, a public agency, a private
association, or other appropriate entity.
50. New Policy (Section 3.1.1) Encourage the creation of new public vertical
accessways where feasible. including Corona del Mar and other areas of
limited public accessibility.
51. Section 3.1.1 Add new symbol to Coastal Access Map to reflect potential
public access points.
52.3.1.3 -9 (A) Maintain 33 street ends between 36th Street and Summit to
provide an average of 2 parking spaces per street, and additional spaces
where feasible.
53. New Policy (After 3.1.4 -7) Limit bulkhead expansion or encroachment
into coastal waters to the minimum extent necessary to repair, maintain,
or replace an existing bulkhead and do not allow the backfill to create
new usable residential land areas.
54.3.1.5 -1. Prohibit new development that incorporate gates, guardhouses,
barriers or other structures designed to regulate or restrict access where they
would inhibit public access to and along the shoreline and to beaches, coastal
parks, trails, or coastal bluffs when there is substantial °V°-'°^^^ fh^t
PFeSG.;.d;Ve Fights P- st
55.3.1.5 -2. Prohibit new private streets, or the conversion of public streets to
private streets, where such a conversion would inhibit public access to and
along the shoreline and to beaches, coastal parks, trails, or coastal bluffs
when there is L., tantial iden,,e that n .,ti. o Fights ,
56.3.1.6 -1. Prohibit the establishment of new preferential parking districts in the
coastal zone except On areas where such restrictions would not have a direct
impact to coastal access, including the ability to use public parking, r where
ee etherpraetisal er feasible altemative exists to ^-,,;, t the bl aft
safety OF general welfare.
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57.3.1.6 -5. Limit the number of preferential parking permits issued per
household to reduce potential adverse impacts to public access.
58. New Policy (Section 3.2): Provide adequate park and recreational
facilities to accommodate the needs of new residents when allowing
new development.
59. New Policy (Section 3.3.1) Develop and implement a signage program
to assist boat ownersloperators and the public to locate public
launching facilities.
60. New Policy (Section 3.3.2) Provide a variety of berthing opportunities
reflecting State and regional demand for slip size and affordability
throughout Newport Harbor.
61.3.3.3 -5. Develop strategies to preserve uses that provide essential support
for the vessels berthed or moored in the Harbor. The strategies
CHAPTER 4 (COASTAL RESOURCE PROTECTION)
62. Page 4 -2 (First full paragraph) The GalifOfflia DepaFtmeRt of Fish and GaFne
rnm nrtr es that @Fe ,V r spde ed rare been y of the . highly li mrted
ed s The following v V
.ran
terrestrial (non- marine) natural communities are known to occur within the
coastal zone in Newport Beach and the City's sphere of influence:
63. Page 4 -2 (Insert after bulleted list) The California Department of Fish and
provides an inventory of California's natural communities and identifies
those that are considered rare because of their highly limited
distribution. These rare communities may or may not contain individual
species that are rare, threatened, or endangered.
64. Pages 4 -3 through 4 -4 (narrative) In determining whether a habitat area
meets the statutory definition of ESHA contained in Section 30107.5 of the
Coastal Act, the following attributes need to taken into consideration:
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. The
essence of natural communities that have been identified as rare
by the California Department of Fish and Game.
The recorded or potential presence of plant or animal species
designated as rare, threatened, or endangered under State or Federal
law.
The presence or potential presence of plant or animal species
that are not listed under State or Federal law, but for which there
is other compelling evidence of rarity, such as designation as a
1B or 2 species by the California Native Plant Society.
• The presence of coastal streams or wetlands. , -
• The degree of habitat integrity/ and connectivity to other natural
areas.
� 900
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Several of the natural communities that occur in Newport Beach are
designated rare by the CDFG and are easily disturbed or degraded by
human activity and therefore are presumed to meet the definition of
ESHA under the Coastal Act. These include southern dune scrub,
riparian forest, southern arroyo willow forest, southern black willow
forest, southern sycamore alder riparian woodland, and southern
coastal purple needlegrass grassland.
Although not all riparian habitat tvpes are rare throughout the state. in
southern California over 90% of the original riparian habitats had been
lost to development by 1989. All remaining native riparian habitats in
southern California. including southern coast live oak riparian forest,
meet the definition of ESHA both because of their rarity and because of
their important roles in the ecosystem. For example, many species of
birds nest and roost in riparian habitat but forage in adjacent coastal
sage scrub and chaparral.
Another important habitat within the City of Newport Beach is coastal
sage scrub (CSS). Although CSS has suffered enormous losses in
California (estimates are as high as 85%), there are still thousands of
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_ _.
-
..
...
Several of the natural communities that occur in Newport Beach are
designated rare by the CDFG and are easily disturbed or degraded by
human activity and therefore are presumed to meet the definition of
ESHA under the Coastal Act. These include southern dune scrub,
riparian forest, southern arroyo willow forest, southern black willow
forest, southern sycamore alder riparian woodland, and southern
coastal purple needlegrass grassland.
Although not all riparian habitat tvpes are rare throughout the state. in
southern California over 90% of the original riparian habitats had been
lost to development by 1989. All remaining native riparian habitats in
southern California. including southern coast live oak riparian forest,
meet the definition of ESHA both because of their rarity and because of
their important roles in the ecosystem. For example, many species of
birds nest and roost in riparian habitat but forage in adjacent coastal
sage scrub and chaparral.
Another important habitat within the City of Newport Beach is coastal
sage scrub (CSS). Although CSS has suffered enormous losses in
California (estimates are as high as 85%), there are still thousands of
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acres in existence and this community type is no longer listed as rare
by CDFG. Nevertheless. where CSS occurs adiacent to coastal salt
marsh or other wetlands, or where it is documented to support or
known to have the potential to support rare species such as the coastal
California -gnatcatcher, it meets the definition of ESHA because of its
especially valuable role in the ecosystem. CSS is important transitional
or "edge" habitat adjacent to saltmarsh, providing important functions
such as supporting pollinators for wetland plants and essential habitat
for edge- dependent animals like several species of butterflies that
nectar on upland plants but whose caterpillars require wetland
vegetation. CSS also provides essential nesting and foraging habitat
for the coastal California gnatcatcher, a rare species designated
Threatened under the Federal Endangered Species Act.
Wetland habitats with the City of Newport Beach that may meet the
definition of ESHA include coastal brackish marsh, coastal freshwater
marsh, southern coastal salt marsh, southern hardpan vernal pools
freshwater seeps, and alkali meadows.
Areas within the City of Newport Beach that are dominated by one of the
habitats discussed above are presumed to be ESHA, unless there are
strong site - specific reasons to rebut that presumption. Factors that
should be considered when making site - specific assessments include:
Patch size and connectivity. Very small patches of habitat that
dependent upon both the ecological needs of the species of
importance supported by the habitat and the spatial scale of the
habitat. For example, what is isolated for a small mammal may
not be for a bird and what is small for a covote may not be for
some insects.
Dominance by invasive, non - native species. Non - native species
often provide poorer habitat for wildlife than native vegetation
and proliferation of exotic plant species alters ecosystem
processes and may threaten certain native species with
extirpation. However, there are probably no habitats in southern
California that have not been invaded by exotic species, and the
remaining stands of native -grassland are almost always
dominated by non - native annual species. Only where exotic
species are so overwhelmingly dominant that the native
community can no longer perform its functions in the ecosystem
14
should the presence of exotic species rebut the presumption of
ESHA.
Disturbance and proximity to development. Disturbance is the
negative effect of human activities such as dumping, vegetation
removal, development, pollution, etc. Habitat areas bordering
development may be subject to impacts from negative edge
effects, such as lighting, non - native invasive plant species,
domestic animals, and human activity. The negative effects of
disturbance are stronqest immediately adiacent to development
and decline with distance from the edge. However, where very
small patches of habitat are effectively surrounded by
development, these impacts may be severe. In -general,
disturbance by itself is not enouqh to rebut the finding of ESHA.
Disturbance that is clearly reversible (e.g., presence of trash or
illegal dumping) is not determinative.
Fragmentation and isolation. Where there are large areas of
more -or -less continuous development, native communities may
be reduced to small islands of habitat that are distant from other
natural habitats. This fragmentation and isolation can create
barriers to migration reduce wildlife food and water resources
and generally compress territory size to reduce existing wildlife
populations to non - viability. The smaller a particular habitat
patch is, the greater the proportion of its area that experiences
negative edge effects.
Where the habitats discussed above occur in the City of Newport
Beach the presumption is that they are ESHA and the burden of
proof is on the property owner or project proponent to demonstrate
that that presumption is rebutted by site - specific evidence.
However, if quantitative data gathered by a qualified biologist
demonstrates that a habitat area is degraded beyond the point of
restoration, or that it is not rare and is so small and isolated that it no
longer has habitat value or a special nature or role in the ecosystem
the habitat area does not meet the statutory definition of ESHA
contained in Section 30107.5 of the Coastal Act. Therefore, such
habitat areas do not warrant the special land use and development
restrictions established for ESHA in this Coastal Land Use Plan.
65. New Policy (Section 4.1.1): Require development in areas adjacent to
environmentally sensitive habitat areas to be sited and designed to
prevent impacts that would sjgnificantly degrade those areas and to be
compatible with the continuance of those habitat areas.
15
66.4.1.1 -1. Define any 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 as an environmentally sensitive habitat area
(ESHA). Using a site - specific survey and analysis by a qualified biologist,
evaluate the following attributes when determining whether a habitat area
meets the definition of an ESHA:
A. . The presence
of natural communities that have been identified as rare by the
California Department of Fish and Game.
B. The recorded or potential presence of plant or animal species designated
as rare, threatened, or endangered under State or Federal law.
C. The presence or potential presence of plant or animal species that
are not listed under State or Federal law, but for which there is other
compelling evidence of rarity, such as designation as a 1B or 2
species by the California Native Plant Society,
C- D. The presence of coastal streams
F. The degree of habitat integrity/ and connectivity to other natural
areas.
Attributes to be evaluated when determining a habitat's integrity /connectivity
include the habitat's patch size and connectivity, dominance bv4he
presence of invasive /non- native species, the level of disturbance, the
proximity to development, and the level of fragmentation and isolation.
Existing developed areas and existing fuel modification areas required by the
City of Newport Beach Fire Department or the Orange County Fire Authority
for existing, legal structures do not meet the definition of ESHA.
67.4.1.1 -2 Require a site - specific survey and analysis prepared by a qualified
biologist as a filing requirement for coastal development permit applications
where development would occur within or adjacent to areas identified as a
potential ESHA. Identify ESHA as habitats or natural communities listed
in Section 4. 1.1 that possess any of the attributes listed in Policy 4.1.1 -1.
The ESA's depicted on Map (Suggested Mod 11 shall represent a
Preliminary mapping of areas containing potential ESHA.
68.4.1.1 -3. DesigR and site new development, inGluding landsGaping, to
Pprotect ESHAs against any significant disruption of habitat values.
16
69.4.1.1 -5. Limit uses within ESHAs to only those uses that are dependent on
such resources, 4 where li^utie„ of h ^ limitation la t'
taking of pFivate property. if the appkation of ESHA _r.. wrp„� ..�,
ne4ifi ho 0 404' v
of private property, then
g0.011 ho alln..,nrl nn thn n noh.. ..'.1 nrl .l a,.al 4' I' '4 .4 4 th
.....P -d G,, .,,e pFepert , pra
^n
monimum amount ReeessaFy to avoid a taking and the + 'Ctnnt with all other nl'na le PFOteGtiOR V lie ,
70.4.1.1 -6 Limited i?Public access improvements and minor educational,
interpretative and research fadlit;es are activities and development may be
considered resource dependent uses. Measures, including, but not limited
to, trail creation, signage, placement of boardwalks, and fencing, shall
be implemented as necessary to protect ESHA.
71. New Policy (Section 4.1.1) Prohibit new development that would
necessitate fuel modification in ESHA.
72. New Policy (After 4.1.1 -7) Provide buffer areas around ESHAs and
maintain with exclusively native vegetation to serve as transitional
habitat and provide distance and physical barriers to human and
domestic pet intrusion.
73.4.1.1 -8. Maintain a Require buffers areas of sufficient size to ensure the
the biological integrity and preservation of the
habitat they are designed to protect. Terrestrial ESHA shall have a
minimum buffer width of 50 feet wherever possible. Smaller ESHA
buffers may be allowed only where it can be demonstrated that 1) a 50
foot wide buffer is not possible due to site - specific constraints. and 2)
the proposed narrower buffer would be amply protective of the
biological integrity of the ESHA _given the site - specific characteristics of
the resource and of the type and intensitv of disturbance.
74. New Policy (Section 4.1.1) Require mitigation in the form of habitat
creation or substantial restoration for allowable impacts to ESHA and
other sensitive resources that cannot be avoided through the
implementation of siting and design alternatives. Priority shall be given
to on -site mitigation. Off -site mitigation measures shall only be
approved when it is not feasible to fully mitigate impacts on -site.
Mitigation shall not substitute for implementation of the project
alternative that would avoid impacts to ESHA.
75. New Policy (Section 4.1.1) Apply the followinq mitigation ratios for
allowable impacts to upland vegetation: 2:1 for coastal sage scrub • 3:1
for coastal sage scrub that is occupied by California anatcatchers or
17
significant populations of other rare species: 3:1 for rare community
types such as southern maritime chaparral, maritime succulent scrub:
native -grassland and 1:1 for southern mixed chaparral. The ratios
represent the acreage of the area to be restored /created to the acreage
impacted.
76. New Policy (Section 4.1.1) For allowable impacts to ESHA and other
sensitive resources, require monitoring of mitigation measures for a
period of sufficient time to determine is mitigation objectives and
performance standards are being met. Mid - course corrections shall be
implemented if necessary to meet the objectives or performance
standards. Require the submittal of monitoring reports during the
monitoring period that document the success or failure of the
mitigation. To help insure that the mitigation project is self - sustaining,
final monitoring for all mitigation projects shall take place after at least
three years with no remediation or maintenance activities other than
weeding. If performance standards are not met by the end of the
prescribed monitoring period, the monitoring period shall be extended
or the applicant shall submit an amendment application proposing
alternative mitj -gation measures and implement the approved changes.
Unless it is determined by the City that a differing mitigation monitoring
schedule is appropriate, it is generally anticipated that monitoring shall
occur for a period of not less than five years.
77. Section 4.1.3 (Narrative on page 4 -11):
Newport Beach has several relatively large, undeveloped areas that contain
natural habitats and may be capable of supporting sensitive biological
resources. These areas are designated as environmental study areas to
define them geographically, provide an overview of known and potential
biological resources, identify potential threats to those resources, and
propose potential mitigation measures.
The following areas are designated as environmental study areas:
1. Semeniuk Slough (Santa Ana River Marsh)
2. North Star Beach
3. West Bay
4. Upper Newport Bay Marine Park and DeAnza /Bayside Marsh
Peninsula
5. San Diego Creek
6. Eastbluff Remnant
7. Mouth of Big Canyon
8. Newporter North
9. Buck Gully
iu
10. Morning Canyon
11. Newport Beach Marine Conservation Area
12. Castaways
13. Kelp Beds in Newport Harbor Entrance Channel
Most of these study areas are protected as parks, conservation areas, nature
preserves, and other open space areas. Nevertheless, the natural habitats in
each of these study areas are subjected to various potential impacts from the
surrounding urban environment. Potential adverse impacts and mitigation
measures to reduce those impacts are identified in the narratives below and
summarized in Table 4.1 -1 (Environmental Study Area Environmental
Impacts and Mitigation Measures).
(ESHA). As such, they will be subject to more stringent development
controls and resource protection measures. Within these study areas,
those natural communities/habitats identified in Section 4.1.1 are
presumed to be ESHA, unless there is compelling site - specific evidence
to the contrary. As is evident from the descriptions provided below,
large portions of these environmental study areas support one or more
community types that meet the definition of ESHA.
78.4.1.3 -1 Utilize the following mitigation measures to reduce the potential for
adverse impacts to ESA natural habitats from the potential impa sources
including, but not limited to, those identified in Table 4.1.1:...
79. Modify Table 4.1.1 to include "POLICY 4.1.3 -1 (N)" within the column labeled
"Mitigations to Reduce the Potential Impacts of Identified Threats" for each
ESA.
80.4.1.3 -1 (A) Require removal of unauthorized bulkheads, docks and
patios or other structures that impinge upon impact wetlands or other
sensitive habitat areas.
81.4.1.3 -1 (B) Where pedestrian access is permitted,
avoid adverse impacts to sensitive areas from pedestrian traffic through
the use of well - defined footpaths, boardwalks, protective fencing, signage,
and similar methods.
82.4.1.3 -1 (E) Limit encroachments into wetlands to development that is
consistent with the- Section 30233 of the Coastal Act and Policy 4.2.3 -1 of
the Coastal Land Use Plan (see Sestiefl ^��Wetlands and 9eepwate
Afeas� and mitigate aRy wetland6 lesses.
19
83.4.1.3 -1 (N) MARiteF for Prohibit invasive species and require removal
in new development; ^ ''
84.4.1.3 -2 Prepare natural habitat protection overlays for Buck Gully ESA and
Morning Canyon ESA for the purpose of providing standards to ensure both
the protection and restoration of the natural habitats in these areas and e#
Include in the overlays standards for the placement of
structures, native vegetation /fuel modification buffers, and erosion and
sedimentation control structures.
with the uses des gRated 1R SeGtlan 39240
AGt, FeSPeGtively. Routine maintenance of .
basins, facilities, sedimentation
Use Plan.
86.4.1.4 -5 Where applicable Eeatinue to require eelgrass and Caulerpa
taxifolia pretesel surveys to be conducted as a condition of City approval for
projects in Newport Bay in accordance with operative protocols of the
Southern California Ee/grass Mitigation Policv and Cauleroa taxifolia
87. New Policy (Section 4.2.1): Channelizations, dams, or other substantial
alterations of rivers and streams shall incorporate the best mitigation
measures feasible, and be limited to (1) necessary water supply
protection is necessary for public safety or to protect existing
development, or (3) developments where the primary function is the
improvement of fish and wildlife habitat.
88. Section 4.2.2 (Narrative on page 4 -43):
WON
20
89.4.2.2 -1. Define wetlands as areas where the water table is at, near, or above
the land surface long enough to bring about the formation of hydric soils or to
support the growth of hydrophytes. Such wetlands can include areas where
vegetation is lacking and soil is poorly developed or absent as a result of
frequent drastic fluctuations of surface water levels, wave action, water flow,
turbidity or high concentration of salts or other substances in the substrate.
Wetlands do not include areas which in normal rainfall years are permanently
submerged (streams, lakes, ponds and impoundments), nor marine or
estuarine areas below extreme low water of spring tides, ^^• vernally wet
TIM
91.4.2.2 -4. Require buffer areas around wetlands of a sufficient size to ensure
the biological integrity and preservation of the wetland that they are
designed to protect. Wetlands shall have a minimum buffer width of 100
feet wherever possible. Smaller wetland buffers may be allowed only
where it can be demonstrated that 1) a 100 -foot wide buffer is not
possible due to site - specific constraints. and 2) the proposed narrower
type and intensity of disturbance.
92.4.2.3 -1 (B) Construction or expansion of coastal- dependent industrial
facilities, including commercial fishing facilities, haul out boat , and
commercial ferry facilities.
93.4.2.3 -1 (D) In open coastal waters, other than wetlands, including
estuaries and streams, new or expanded boating facilities, including slips,
access ramps, piers, marinas, recreational boating, launching ramps, haul -out
beat yards, and pleasure ferries, and the placement of structural pilings for
21
public recreational piers that provide public access and recreational
opportunities.
94.4.2.3 -5 (C) Dredged material not suitable for beach nourishment or
other permitted beneficial reuse shall be disposed of offshore at a
designated U.S. Environmental Protection Agency disposal site or at an
appropriate upland location.
95.4.2.3 -8. issae Seek permits authorizing maintenance dredging under and
around residential piers and floats subject to compliance with all conditions to
the current Regional General Permit, including grain size requirements,
availability of suitable dredge disposal site, and periodic bioassays.
96.4.2.3 -9. Require the following minimum mitigation measures if a project
involves diking or filling of a wetland:
A. If an appropriate Festefatien mitigation site is available, the applicant
shall submit a detailed resteraiiOR plan which includes provisions for (1)
acquiring title to the mitigation site: (2) "in- kind" wetland restoration
or creation where possible: (3) where "out -of- kind" mitigation is
necessary, restoration or creation of wetlands that are puFGhaseaad
f equal or greater biological productivity
to the wetland that was filled or dredged: and L41 dedication of the
restored or created laad wetland and buffer to a public agency,. or
^'o ;epNise permanently restrictsion of its their use feF to open space
purposes.
Adverse impacts shall be mitigated at a ratio of 3:1 for impacts to
seasonal wetlands, freshwater marsh and riparian areas, and at a
acreage of the area diked or filled), unless the applicant provides
evidence establishing, and the approving authority finds, that
restoration or creation of a lesser area of wetlands will fully mitigate
the adverse impacts of the dike or fill project. However, in no event
shall the mitigation ratio be less than 2:1 unless, prior to the
development impacts, the mitigation is completed and is empirically
demonstrated to meet performance criteria that establish that the
created or restored wetlands are functionally equivalent or superior
to the impacted wetlands. The mitigation shall occur on -site
wherever possible. Where not possible, mitigation should occur in
the same watershed. The mitigation site shall be purchased and
legally restricted and /or dedicated before the dike or fill development
may proceed.
22
B. The applicant may, in some cases, be permitted to open equivalent areas
to tidal action or provide other sources of surface water in place of
creating or restoring wetlands pursuant to paragraph A. This method
of mitigation would be appropriate if the applicant already owns ed or can
acquire, filled; or diked areas which themselves were are not
environmentally sensitive habitat areas but which would become so; if
such areas were opened to tidal action or provided with other sources of
surface water.
C. However, if no appropriate sites under options (A) and (B) are available,
the applicant shall pay an in -lieu fee of sufficient value to an appropriate
public agency for the purchase and restoration of an area of equivalent
productive value, or equivalent surface area.
This third option would be allowed only if the applicant is unable to find a willing
seller of a potential restoration site. The public agency may also face difficulties
in acquiring appropriate sites even though it has the ability to condemn property.
Thus, the in -lieu fee shall reflect the additional costs of acquisition, including
litigation, as well as the cost of restoration. If the public agency's restoration
project is not already approved by the City, the public agency may need to be a
co- applicant for a permit to provide adequate assurance that conditions can be
imposed to assure that the purchase of the mitigation site shall occur prior to
issuance of the permit. In addition, such restoration must occur in the same
general region (e.g., within the same estuary) where the fill occurred.
97. New Policy (after 4.2.3 -10) Where impacts to wetlands are allowed,
require monitoring of mitigation measures for a period of sufficient time
to determine if mitigation objectives and performance standards are
being met. Mid - course corrections shall be implemented if necessary to
meet the objectives or performance standards Require the submittal of
monitoring reports during the monitoring period that document the
success or failure of the mitigation. To help insure that the mitigation
project is self - sustaining, final monitoring for all mitigation proiects
shall take place after at least three nears with no remediation or
maintenance activities other than weeding If performance standards
are not met by the end of the prescribed monitoring period the
monitoring period shall be extended or the applicant shall submit an
amendment application proposing alternative mitigation measures and
implement the approved changes. Unless it is determined by the City
that a differing mitigation monitoring schedule is appropriate it is
generally anticipated that monitoring shall occur for a period of not less
than five years.
23
98.4.2.3 -11, First sentence. Require that any project that includes diking,
filling or dredging of a wetland or estuary, as permitted pursuant to Policy
4.2.3 -1, must maintain the functional capacity of the wetland or estuary.
99.4.2.3 -12 ReqUiFe that , de.,vi,.,....e..t „e the .. atp.r ro .t t„ deG ,.. and site
Require new
development on the waterfront to design and site docking facilities in
relationship to the water's depth and accessibility.
100. New Policy (Section 4.2.3) Require dredging and dredged material
disposal to be planned and carried out to avoid significant disruption to
marine and wildlife habitats and water circulation.
101. Narrative (Section 4.2.4): Erosion control and flood control facilities
constructed on water courses can impede the movement of sediment
and nutrients which would otherwise be carried by storm runoff into
coastal waters. To facilitate the continued delivery of these sediments
to the littoral zone, whenever feasible, the material removed from these
facilities may be placed at appropriate points on the shoreline where
feasible mitigation measures have been provided to minimize adverse
environmental effects. Aspects that shall be considered before issuing
a coastal development permit for such purposes are the method of
placement, time of year of placement, and sensitivity of the placement
area.
102. New Policy (Section 4.2.4) Dredged materials suitable for beneficial
placed in a manner that minimizes adverse effects on the environment.
103. New Policy (Section 4.2.4): Material removed from erosion
control and flood control facilities suitable for beach replenishment
should be transported for such purposes to appropriate beaches or into
suitable long shore current systems.
104. Section 4.2.5, Narrative, page 4 -55, First full paragraph:
The City is developing a conceptual ee /grass mitigation program that
will address the establishment of ee/grass acreage baselines for
Newport Harbor.
+seeded The baseline would be the minimum acreage, based on the
distribution, density, and productivity, necessary for eelgrass meadows to
fulfill their ecological function. Once the baseline is determined, projects
may be granted exemptions to the Southern California Eelgrass Mitigation
Policy mitigation requirements, provided the eelgrass acreage baseline is
maintained. The National Marine Fisheries Service, as the lead agency,
would need to incorporate such a provision into Southern California
24
Eelgrass Mitigation Policy and the U.S. Army Corps of Engineers, the
Coastal Commission, and the Santa Ana Regional Water Quality Control
Board to incorporate the provision into the City's Regional General Permit
and into any individual property owners dredging or dock construction
permit that qualifies under future applications. The establishment of a
baseline for eelgrass meadows will serve to protect their important
ecological function while allowing the periodic dredging that is essential to
protect the Newport Harbor's value as a commercial and recreational
resource. The eelgrass mitigation Program is conceptual in nature
and will need further review and agency approval.
105. 4.2.5 -2
for dredging those ad;acerareas shall not beseqa;red_-.
106. 4.2.5 -4. Aup cf 1 L restoration sites to sep�e as
', 1 d mitigation ti n V aRk from Whi h 1
MitigatiGR Sites
'7- Pr°�T:rcm° -raS- °�T-'r�' j °t` °r vcirnc�'r °' fir✓
i,ip tiOR eFedits will be issued-to priv 4 r pert., 9wReFS f eelpr c
107. New Policy (Section 4.3): Protection against the spillage of crude oil,
pas, petroleum products, or hazardous substances shall be provided in
relation to any development or transportation of such materials.
Effective containment and cleanup facilities and procedures shall be
provided for accidental spills that do occur.
108. 4.3.1 -3. Establish and protect a long -term funding source for the
regular dredging of Upper Newport Bay (inel ,.r^^ the Reba .son SkiRRer
Annuity) and dredging of the Lower Newport Bay so that the City and its
watershed partners achieve the goals and directives of the Sediment and
Nutrient TMDLs adopted for Newport Bay.
109. 4.3.1 -5. Require development on steep slopes or steep slopes with
erosive soils to implement structural best management practices (BMPs) to
prevent or minimize erosion consistent with any load allocation of the
TDMLs adopted for Newport Bay,
110. 4.3.2 -4. Continue to update and enforce the Newport Beach Water
Quality Ordinance consistent with the MS4 Permit.
111. 4.3.2 -14. Whenever possible, divert runoff through planted areas or
sumps that recharge the groundwater dry wells and use the natural filtration
properties of the earth to prevent the transport of harmful materials directly
into reereaiienal receiving waters.
25
112. 4.3.2 -23. Require new development applications to include a Water
Quality Management Plan (WQMP). The WQMP's purpose is to minimize to
the maximum extent practicable dry weather runoff, and runoff from small
storms (less than 3/4" of rain falling over a 24 -hour period) and the
concentration of pollutants in such runoff during construction and post -
construction from the property.
113. 4.3.3 -1. Continue to Develop and implement the c.,weF System
n e r aiangnd +h�cou�nn�. o� sewer system management
plans to replace or reline older wastewater lines and upgrade pump
stations.
114. New Policy (Section 4.4.1): Design and site new development to
minimize alterations to significant natural landforms, including bluffs,
cliffs and canyons.
115. 4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height
Limitation Zone, as -graphically depicted in Map [Suggested Mod 1161.
116. New Map: Add a graphic depicting the Shoreline Height Limitation Zone.
117. New Policy (Section 4.4.2): Implement the regulation of the
building envelope to preserve public views through the height, setback,
floor area, lot coverage, and building bulk regulation of the Zoning Code
in effect as of [date of Commission action] that limit the building profile
and maximize public view opportunities.
118. New Policy (Section 4.4.2): Prohibit projections associated with
new development to exceed the top of curb on the bluff side of Ocean
Boulevard. Exceptions for minor projections may be granted for
chimneys and vents provided the height of such projections is limited to
the minimum height necessary to comply with the Uniform Building
Code.
119. Section 4.4.3 Narrative (pages 4 -69 through 4 -70)
4.4.3 CnaqtaIR'--ffq Natural Landform Protection
Newport Beach coastal zone contains a number of distinctive
topographic features. The central and northwestern portions of the
City are situated on a broad mesa that extends southeastward to join
the San Joaquin Hills, commonly known as Newport Mesa. This
upland has been deeply dissected by stream erosion, resulting in
moderate to steep bluffs along the Upper Newport Bay estuary, one
of the most striking and biolo -gically diverse natural features in
26
Orange County. The nearly flat- topped mesa rises from about 50 to
75 feet above mean sea level at the northern end of the estuary in the
Santa Ana Heights area, to about 100 feet above sea level in the
Newport Heights, Westcliff, and Eastbluff areas.
Along the southwestern margin of the City, sediments flowing from
the Santa Ana River and San Diego Creek, the two major drainage
courses that transect the mesa, have formed the beaches, sandbars,
and mudflats of Newport Bay and West Newport. These lowland
areas were significantly modified during the last century in order to
deepen channels for navigation and form habitable islands. Balboa
Peninsula, a barrier beach that protects the bay, was once the site of
extensive low sand dunes.
In the southern part of the City, the San Joaquin Hills rise abruptly
(also called a terrace) is now elevated well above the water and is
bounded by steep bluffs along the shoreline. The coastal platform
occupied by Corona Del Mar ranges from about 95 to 100 feet above
sea level.
The bluffs, cliffs, hillsides, canvons. and other significant natural
landforms are an important part of the scenic and visual qualities of
the coastal zone and are to be protected as a resource of public
importance.
Coastal Bluffs
Coastal bluffs are formed by a rapid uplift of the shore relative to sea
level. Coastal bluffs are dynamic, evolving landforms. Coastal bluffs
can be impacted by processes at both the bottom and top of the
cliffs. Poundinq bV waves durinq hjgh tide and storm surges can
undercut the base and lead to eventual collapse of the bluff. Bluffs
are also shaped by wind, surface runoff, and ground water erosion
(see Sections 2.8.3. 2.8.5, and 2.8.6).
Coastal bluffs are a prominent landform in Newport Beach. There are
ocean facing coastal bluffs along the shoreline of Corona del Mar,
Shorecliffs, and Cameo Shores. There are also coastal bluffs facing the
wetlands of Upper Newport Bay, Semeniuk Slough, and the degraded
wetlands of the Banning Ranch property. Finally, there are coastal bluffs
surrounding Lower Newport Bay. These can be seen along Coast
Highway from the Semeniuk Slough to Dover Drive and in Corona del Mar
above the Harbor Entrance. These bluffs faced the open ocean before the
27
Balboa Peninsula formed and are now generally separated from the
shoreline. Coastal bluffs are considered significant scenic and
environmental resources and are to be protected.
Most of the coastal bluff top lands have been subdivided and developed
over the years. However, many have been preserved as parkland and
other open space. Also, most of the faces of the coastal bluff surrounding
the Upper Newport Bay have been protected by dedication to the Upper
Newport Bay Nature Preserve or dedicated as open space as part of the
Castaways. Eastbluff, Park Newport, Newporter North (Harbor Cove)
and Bavview Landing planned residential developments. In other areas,
including Newport Heights , Cliff Hwen I T„,,
, Dover Shores.
Corona del Mar, Shorecliffs, and Cameo Shores, the coastal bluffs fall
within conventional residential subdivisions. Development on these lots
occurs mainly on a lot -by -lot basis. As a result, some coastal bluffs
remain pristine and others are physically or visually obliterated by
structures, landform alteration or landscaping.
Pelisies regardiagTOastal buffs need to k diGt'ROOR h ti
whP a the Geastal bluff is essentially w9altered and these in developed
areas where the eeastal bluff has be^^ altered. Development
restrictions, including setbacks, must be established to ensure
geologic stability while addressing current patterns of development.
Where the bluff is subject to marine erosion, development on bluff
top lots must be set back at least 25 feet from the bluff edge. On
of existing development along the bluff edge in each neighborhood.
These bluff edge setbacks may be increased to maintain sufficient
distance to ensure stability, ensure that it will not be endangered by
erosion, and to avoid the need for protective devices during the
economic life of the structure (75 years).
in aFeas with unaltered ^ ^^+a' bluffs7 dDevelopment on the bluff face
sheuld be is generally prohibited, with exceptions for certain public
improvements or private improvements determined to be consistent
with the predominant line of development.,
Corona del Mar is one of the few areas in the coastal zone where
there is extensive development of the bluff face: specifically,
residential development on Avocado Avenue, Pacific Drive,
Carnation Avenue. and Ocean Boulevard. The initial subdivision and
90
development of these areas occurred prior to the adoption of
policies and regulations intended to protect coastal bluffs and other
landforms. Development in these areas is allowed to continue on the
bluff face to be consistent with the existing development pattern and
to protect coastal views from the bluff top. However, development
on the bluff face is controlled to minimize further alteration.
The bluffs along Bayside Drive were at one time exposed to the Lower
Newport Bay. However, these bluffs separated from the shoreline when
abutting tidelands were filled and reclaimed in the 1920s and later
developed into the communities of Promontory Bay, Beacon Bay, and
Bayside. Later development of Irvine Terrace and Promontory Point cut
and filled these bluffs. te ag exteRt that they a R he hest
t the bluffs
Tenn Bay6ide n: ye have fanen that n e nr3 the .es It of eFesieR fa
yltigl
n. fnldiR Rd a e lenne. c h'ent tothey th. did t t
th°c dkQf..':.t.(A.. Pf reastal bluffs and aFe ..nt h e`t to the e"Ges of this
se6t'E)R. -Development in these areas is subject to setbacks
established for bluffs not subject to marine erosion.
Coastal Canyons
There are three significant canyons in the coastal zone, Bjg Canyon,
Buck Gully, and Morning Canyon. The steep slopes and vegetation
of these canyons are distinctive features on the shoreline of the
ocean and bay. Big Canyon is protected as a nature park. However.
Buck Gully and Morning Canyon are under private ownership and
there is extensive residential development on the slopes of both
canyons. Therefore, any effort to protect and enhance the visual
quality of these canyons will require the cooperation of the property
owners.
Other Landforms
Some of the edqes of Newport Mesa and the San Joaquin Hills are
located a considerable distance from the shoreline, but are still
highly visible from public view points, roadways, or the water. These
areas have moderate to steep slopes, accentuated in places by
_-ggullies, ravines, and rock outcroppings. In order to protect the
overall visual quality of the coastal zone, new development in these
areas need to be sited and designed to minimize the alteration of
natural land forms and to be visually compatible with the character
of surrounding areas.
120. 4.4.3 -1. 1^ aFeas :,here the s-eastel buff essential'
^n1a.,a,teFed-,TRequire new development planned communities to dedicate or
preserve as open space the coastal bluff face and an area inland from the
edge of the coastal bluff adequate to provide safe public access and to avoid
or minimize visual impacts.
121. 4.4.3 -2. in area.,°- here the evcetel bluff remains essentially
Una10 �.tered, Rfequire all new development located on a bluff top to be set back
from the bluff edge a sufficient distance to ensure stability, ensure that it will
not be endangered by erosion, and to avoid the need for protective devices
during the economic life of the structure (75 years). Such setbacks must
take into consideration expected long -term bluff retreat over the next 75
years, as well as slope stability. To assure stability, the development
must maintain a minimum factor of safety of 1.5 aqainst landslidinq for
the economic life of the structure.
122. 4.4.3 -3. In ^rc ,here the - - astal . bluff _._.._ essentially
,
unaltered, Pprohibit development on bluff faces, except private development
on coastal bluff faces along Ocean Boulevard Carnation Avenue and
Pacific Drive in Corona del Mar determined to be consistent with the
predominant line of existing development or public improvements
providing public access, protecting coastal resources, or providing for public
safety. Permit such improvements only when no feasible alternative exists
and when designed and constructed to minimize alteration of the bluff face, to
not contribute to further erosion of the bluff face, and to be visually compatible
with the surrounding area to the maximum extent feasible.
123. 4.4.3 -4 IR aFOaS ..here the .,eastal bluff has beeR alteFed, establish
setba Gk I'nec fn PFiRGipal and a t n4 based an th
pFedOMiRaRt the
the setback line downward frem the edge of the bluff and/eF . d- firern the
We- of the hL ff t_n reSt.'nt n .. .. .. development frn. tend' h d the
eder„'p nt "RS of existing Yde ...
elenent
124. 4.4.3 -5. in areas whOF8 the Geastal bluff has beOR altered, des!GR
125. 4.4.3 -6. The cSoastal bluffs along Bayside Drive
that have been cut and filled by the Irvine Terrace and Promontory Point
development aPA are no longer subject to marine erosion. New
development on these bluffs is subject to the setback restrictions
established for blufftop development located on a bluff not subject to
marine erosion.
126. 4.4.3 -8. Employ site design and construction techniques to minimize
alteration of coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site,
except when an alternative location is more protective of coastal
resources.
B. Utilizing existing driveways and building pads to the
maximum extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
E. Designing buildings to conform to the natural contours of the
site, and arranging driveways and patio areas to be compatible
with the slopes and building design.
F. Utilizing special foundations, such as stepped, split level, or
cantilever designs.
G. Detaching parts of the development, such as a garage from
a dwelling unit.
H. Requiring any altered slopes to blend into the natural
contours of the site.
127. New Policy (Section 4.4.3): Require all new blufftop development
_guesthouses and pools. The setback shall be increased where
necessary to ensure safety and stability of the development
128. New Policy (Section 4.4.3): Require all new blufftop development
located on a bluff not subject to marine erosion to be set back from the
bluff edge in accordance with the predominant line of existing
development in the subject area. This requirement shall apply to the
Principal structure and major accessory structures such as
guesthouses and pools. The setback shall be increased where
necessary to ensure safety and stability of the development
31
129. New Policy (Section 4.4.3): On bluffs subject to marine erosion,
require new accessory structures such as decks, patios and walkways
that do not require structural foundations to be sited in accordance with
the predominant line of existing development in the subject area, but
not less than 10 feet from the bluff edge. Require accessory structures
to be removed or relocated landward when threatened by erosion,
instability or other hazards.
130. New Policy (Section 4.4.3): On bluffs not subject to marine erosion,
require new accessory structures such as decks, patios and walkways
that do not require structural foundations, to be set back from the bluff
edge in accordance with the predominant line of existing accessory
development. Require accessory structures to be removed or relocated
landward when threatened by erosion, instability or other hazards.
131. New Policy (Section 4.4.3): Where principal structures exist on
coastal bluff faces along Ocean Boulevard, Carnation Avenue and
Pacific Drive in Corona del Mar, require all new development to be sited
in accordance with the predominant line of existing development in
order to protect public coastal views. Establish a predominant line of
development for both principle structures and accessory improvements.
The setback shall be increased where necessary to ensure safety and
stability of the development.
132. New Policy (Section 4.4.3) Maintain approved bluff edge setbacks for
the coastal bluffs within the planned communities of Castaways,
Eastbluff, Park Newport, Newporter North (Harbor Cove), and Bayview
Landing to ensure the preservation of scenic resources and geologic
stability.
133. New Policy (Section 4.4.3): Require swimming pools located on bluff
properties to incorporate leak prevention and detection measures.
134. New Policv (Section 4.4.3) Establish canyon development setbacks
based on the predominant line of existing development for Buck Gully
and Morning Canyon. Do not permit development to extend beyond the
corners of existing structures on either side of the subject property.
Establish development stringlines for principle structures and
accessory improvements.
32
135. Add note at end of Section 4.4.3: Note: See Sections 2.8.6 and 2.8.7
for technical submittal requirements on beach, bluff and canyon
properties.
136. 4.4.4 -5. Prohibit new billboards and roof
top signs and regulate the bulk and height of other off site freestanding
signs that affect public coastal views. Heritage signs are not subject to
this restriction.
137. 4.5.1 -2. Require a qualified paleontologistlarcheologist to monitor all
grading and /or excavation where there is a potential to affect cultural or
paleontological resources. If grading operations or excavations uncover
paleontological /archaeological resources, require the
paleontologistlarcheologist monitor to suspend all development activity to
avoid destruction of resources until a determination can be made as to the
significance of the paleontological / archaeological resources. Ifto be
n'fiGaRt require the cite ror. s) to be er ,pd for a reasonable n rl 'e of 4'm
Sg
If resources are determined to be
relocation. Mitigation plans shall include a -good faith effort to avoid
impacts to cultural resources through methods such as, but not limited
to, project redesign, in situ preservation /capping, and placing cultural
resource areas in open space.
138. 4.5.1 -4. Where in situ preservation and avoidance are not
feasible. Rrequire new development to donate scientifically valuable
paleontological or archaeological materials to a responsible public or private
institution with a suitable repository, located within Orange County, whenever
possible.
139. New Policy (Section 4.5.1): Where there is a potential to affect cultural
or paleontological resources, require the submittal of an
archeological /cultural resources monitoring plan that identifies
monitoring methods and describes the procedures for selecting
archeological and Native American monitors and procedures that will be
followed if additional or unexpected archeological /cultural resources
are encountered during development of the site. Procedures may
include, but are not limited to, provisions for cessation of all -grading
and construction activities in the area of the discovery that has any
potential to uncover or otherwise disturb cultural deposits in the area of
the discovery and all construction that may foreclose mitigation options
to allow for significance testing, additional investigation and mitigation.
33
140. Insert new section 4.6 (Environmental Review)
4.6 Environmental Review
The protection of coastal resources and protection from coastal
hazards requires that applications for new development undergo
appropriate environmental review. In most cases. the City conducts
this review through implementation of the California Environmental
Quality Act.
To ensure consistency with the resource protection policies of the
Coastal Land Use Plan, applications for new development subject to
coastal development permit requirements will be reviewed by
qualified City staff, contracted emploveelconsultant and /or advisory
committee in accordance with the CEQA requirements, as well as
those contained in the Local Coastal Program.
Policies:
4.6 -1. Review all new development subject to California Environmental
4.6 -2. Integrate CEQA procedures into the review procedures for new
development within the coastal zone.
4.6 -3. Require a qualified City staff member, advisory committee
designated by the Cft or consultant approved by and under the
supervision of the City, to review all environmental review
34
documents submitted as part of an application for new development
and provide recommendations to the appropriate decision - making
official or body.
4.6 -4. Require the City staff member(s) and /or contracted employee(s)
responsible for reviewing site specific surveys and analyses to have
technical expertise in biological resources, as appropriate for the
resource issues of concern (e.g. marine%oastal, wetland /riparian
protection and restoration, upland habitats and connectivity) and be
knowledgeable about the City of Newport Beach.
4.6 -5. Where development is proposed within or adjacent to ESHA
wetlands or other sensitive resources, require the City staff
member(s) and /or contracted employee(s) to consider the individual
and cumulative impacts of the development, define the least
environmentaliv damaging alternative, and recommend
modifications or mitigation measures to avoid or minimize impacts.
The City may impose a fee on applicants to recover the cost of
review of a proposed project when required by this policy.
4.6 -6. Where development is proposed within or adjacent to ESHA
wetlands or other sensitive resources, require the City staff
member(s)and /or contracted employee(s) to include the following in
any recommendations of approval: an identification of the preferred
project alternative, required modifications, or mitigation measures
or City Council) shall make findings relative to the project's
conformance to the recommendations of the City staff member(s)
and /or contracted employee(s).
4.6 -7. Require City staff member(s) and /or contracted employee(s) to make
a recommendation to the decision making body as to whether an
area constitutes an ESHA. and if recommended as an ESHA, the
establish the boundaries thereof and appropriate buffers.
4.6 -8. Coordinate with the California Department of Fish and Game. U.S.
Fish and Wildlife Service,_ National Marine Fisheries Service, and
other resource management agencies, as applicable in the review of
development applications in order to ensure that impacts to ESHA
and marine resources, including rare threatened or endangered
species, are avoided or minimized such that ESHA is not
significantly degraded, habitat values are not significantly disrupted
35
4.6 -9.
and the biological productivity and quality of coastal waters is
preserved.
geologic hazards affecting the proposed proiect site, any necessary
mitigation measures, and contains statements that the proiect site is
suitable for the proposed development and that the development will
be safe from geologic hazard for its economic life. For development
on coastal bluffs, including bluffs facing Upper Newport Bay, such
reports shall include slope stability analyses and estimates of the
long -term average bluff retreat rate over the expected life of the
development. Reports are to be signed by an appropriately licensed
Professional and subject to review and approval by qualified citv
staff member(s) and/or contracted employee(s).
CHAPTER 5 (GLOSSARY)
141. New Definition: Appealable Development: After certification of the
Newport Beach Local Coastal Program, an action taken by the City of
Newport Beach on a coastal development permit application may be
appealed to the Coastal Commission for only the following types of
developments:
(1) Developments approved by the City between the sea and the first
public road paralleling the sea or within 300 feet of the inland extent of
any beach or of the mean high tide line of the sea where there is no
beach, whichever is the -greater distance.
(2) Developments approved by the City not included within paragraph
(1) that are located on tidelands, submerged lands, public trust lands.
within 100 feet of any wetland, estuary, or stream. within 300 feet of the
top of the seaward face of any coastal bluff.
(3) Developments approved by the City not included within paragraph
(1) or (2) that are located in a sensitive coastal resource area.
(4) Any development approved by a coastal county that is not
designated as the principal permitted use under the zoning ordinance or
zoning district map approved pursuant to Chapter 6 (commencing with
Section 30500 of the Coastal Act).
(5) Any development which constitutes a maior public works Proiect or
a major energy facility.
36
14Z Bluff: A SGarp OF steep f Of F Gk f _ d k sediment _Seil
ring fr^m ^r f IF'. . f Idi V of the land mass � ' A ' ith 10 F F
m ^�'m^ ^I ^�F ^ ^' A high bank or bold headland wi a broad,
Precipitous, sometimes rounded cliff face overlooking a plain or body of
water. A bluff may consist of a steep cliff face below and a more
sloping upper bluff above.
143. Bluff, Coastal: A bluff overlooking a beach or shoreline or that is subject
to marine erosion. Many coastal bluffs consist of a gently sloping upper
bluff and a steeper lower bluff or sea cliff. The term "coastal bluff'
refers to the entire slope between a marine terrace or upland area and
the sea. The term "sea cliff' refers to the lower, near vertical portion of
a coastal bluff. For purposes of establishing jurisdictional and permit
boundaries coastal bluffs include, (1) those bluffs, the toe of which is now or
was historically (generally within the last 200 years) subject to marine erosion;
and (2) those bluffs, the toe of which is not now or was not historically subject
to marine erosion, but the toe of which lies within an area otherwise identified
as an Appealable Area.
144. Bluff Edge: The upper termination of a bluff, cliff, or seacliff: In cases
where the top edge of the GW bluff is rounded away from the face of the GW
bluff as a result of erosional processes related to the presence of the steep
GW bluff face, the bluff line or edge shall be defined as that point nearest the
GW bluff beyond which the downward gradient of the surface increases more
or less continuously until it reaches the general gradient of the GW bluff. In a
case where there is a steplike feature at the top of the GW bluff face, the
landward edge of the topmost riser shall be taken to be the GW bluff edge.
Bluff edges typically retreat landward due to coastal erosion landslides
development of gullies, or by grading (cut). In areas where the bluff top
or bluff face has been cut or notched by grading the bluff edge shall be
the landwardmost position of either the current of historic bluff edge.In
areas where fill has been placed near or over the historic bluff edge the
original natural bluff edge. even if buried beneath fill shall be taken to
be the bluff edge.
145. BMPs: Best Management Practices. Schedules of activities,
prohibitions of practices, operation and maintenance procedures and
other manaqement practices to prevent or reduce the conveyance of
pollution in stormwater and urban runoff, as well as treatment
requirements and structural treatment devices designed to do the same
146. New Definition: Buffer. A buffer is a development setback that
37
the estimation of habitat boundaries, and provide important auxiliary
habitat that may be used, for example, for foraging, maintenance of
pollinators, or refuge from high tides. Buffers should be measured from
the delineated boundary of an ESHA or wetland or, for streams, from the
top of bank or the landward edge of riparian vegetation, which ever
provides the larger buffer.
147. New Definition: Canyon Edqe: The upper termination of a canyon: In
cases where the top edge of the canyon is rounded away from the face
of the canyon as a result of erosional processes related to the presence
of the canyon face, the canyon edge shall be defined as that point
nearest the canyon beyond which the downward -gradient of the surface
increases more or less continuously until it reaches the general
gradient of the canyon. In a case where there is a steplike feature at the
top of the canyon face, the landward edge of the topmost riser shall be
taken to be the canyon edge.
148. New Definition: Cliff. A high, very steep to perpendicular or
overhanging face of rock.
149. New Definition: Demolition: The deliberate removal or destruction of
the frame or foundation of any portion of a building or structure for the
purpose of preparing the site for new construction or other use.
150. Ephemeral: Short lived (i -e:-, e.g.. an ephemeral stream only flows
immediately after rainfall).
151. ESA: Environmental study area. Relatively large, undeveloped areas
containing natural habitats and may be capable of supporting sensitive
biological resources.
152. GcuA Buffer: Open space that horizontally separates and erote..tS
env;FORMGRtally sensitive habitat a- s from deyelopme.d areas. Q ffer
aFeas should be Gentiguous with the sensitive habitat but are not on
themselves as mart of the P—RVOMRrneRtally c sit \,e habitat o o M be
PFGteGted.
153. Exclusion Area: That portion of the coastal zone within an exclusion area
boundary adopted pursuant to the Coastal Act and approved by the Coastal
Commission after the effective date of the delegation of development
review authority and depicted on the certified Permit and Appeal
Jurisdiction Map. Development within this area is excluded from coastal
development permit requirements if certain criteria identified in the
adopted exclusion are met.
IM
154. New Definition: First Public Road Paralleling the Sea -- shall mean
that road nearest the sea, as defined in this Section, and which meets all
of the following criteria:
1. The road is lawfully open and suitable for uninterrupted use by the
public;
2. The road is maintained by a public agency:
3. The road contains an improved all - weather surface open to motor
vehicle traffic in at least one direction:
4. The road is not subject to any restrictions on use by the public
except during an emergency or for military purposes; and
5. The road connects with other public roads providing a continuous
access system and generally parallels and follows the shoreline of
the sea so as to include all portions of the sea where the physical
features such as bays, lagoons, estuaries and wetlands cause the
waters of the sea to extend landward of the generally continuous
coastline.
155. Groin:
to the- tb�eliRe into tidal waters Rt ended te tF@p and t and d the
.. A_
shoreline protection structure built, usually perpendicular to the
shoreline, to trap nearshore sediment or retard erosion of the shore A
series of groins acting together to protect a section of beach is known
as a -groin system or -groin field.
156. Habitat: The locality, including the physical and biological
environment, in which a plant or animal lives.
157. Local Coastal Program: A local government's (a) land use plans, (b)
zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal
resources areas, other implementing actions, which, when taken together,
meet the requirements of, and implement the provisions and policies of, this
dWision the Coastal Act at the local level.
158. Monitoring: Systematic collection of physical, biological, or economic data
or a combination of these data en a IDPR-Gh POI-WiShMeRt pFojeGt in order to
make decisions regarding project operation or to evaluate project
performance. Monitoring is typically required for beach nourishment
projects and habitat restoration proiects.
39
159. New Definition: Non - conforming structure: A structure that was
lawfully erected, but which does not conform with the propert y
development regulations prescribed in the regulations for the district in
which the structure is located by reason of adoption or amendment of
this code or by reason of annexation of territory to the City.
160. New Definition: Non - conforming use: A use of a structure or land
that was lawfully established and maintained, but which does not
conform with the use regulations or required conditions for the district
in which it is located by reason of adoption or amendment of this code
or by reason of annexation of territory to the City.
161. New Definition: Predominant Line of Development. The most
common or representative distance from a specirted group of structures
to a specified point or line (e.g. topographic line or geographic feature).
For example, the predominant line of development for a block of homes
on a coastal bluff (a specified _group of structures) could be determined
by calculating the median distance (a representative distance) these
structures are from the bluff edge (a specified line).
162. New Definition: Sea cliff. • A vertical or very steep cliff or slope
produced by wave erosion, situated at the seaward edge of the coast or
the landward side of the wave -cut worm, and marking the inner limit
of beach erosion.
163. Scarp (Beach Scarp): An almost vertical slope along the beach caused by
wave erosion. It may vary in height from a few inches to several feet
GeRtiPRRtPF1; ^ ^•8'^ or more, depending on wave action and the nature
and composition of the beach.
164. New Definition: Stream: A topographic feature that at least
periodically conveys water through a bed or channel having banks.
This includes watercourses havinq a surface or subsurface flow that
supports or has supported riparian vegetation.
165. Tidal Epoch (National Tidal Datum Epoch): The specific 19 -year period
adopted by the National Ocean Service as the official time segment over
which tide observations are taken and averaged to form tidal datums, such
as Mean Lower Low Water. The 19 -year period includes an 18.6 year
astronomical cycle that accounts for all significant variations in the
moon and sun that cause slowly varvinq changes in the range of tides.
A calendar day is 24 hours and a "tidal day" is approximately 24.84
hours. Due to the variation between calendar day and tidal day, it takes
19 years for these two time cvc /es to establish a repeatable pattern.
O,
Thus, if the moon is full today, then the moon will be full again on this
day of the year 19 years from today. The present tidal epoch used is 1968
+hr, 1983 - 2001.
166. New Definition: TMDL (Total Maximum Daily Load): The maximum
amount of a pollutant that can be discharged into a water body from all
sources (point and non - point) and still maintain water quality standards.
Under Clean Water Act section 303(d), TMDLs must be developed for all
water bodies that do not meet water quality standards after application
of technology -based controls. TMDL also refers to the written,
quantitative analysis and plan for attaining and maintaining water
duality standards in all seasons for a specific waterbody and pollutant.
167. New Policy (Section 4.2.3): Continue to permit recreational docks and
piers as an allowable use within intertidal areas in Newport Harbor.
168. New Policy (Section 4.1): Prohibit the planting of invasive species in
non - urbanized areas.
169. New Definition: Qualified Biologist. A person who has earned a
minimum of a Bachelor of Science degree in biology or a related field
from an accredited college or university and has demonstrated field
experience evaluating land use impacts on marine or wildlife species
and their habitats. Biologists who conduct wetland delineations shall
have completed the U.S. Army Corps of Engineers' "Reg IV" wetland
delineation training, or the equivalent, and shall have the demonstrated
ab(I(ty to independently conduct wetland delineations.
51
EXHIBIT 2
Coastal Land Use Plan
With CCC Modifications
cc�wc :.. - .,: ,:. -..:. .:.,
_��
CITY OF NEWPORT BEACH
Local Coastal Program
Coastal Land Use Plan
Approved by the California Coastal Commission on October 13, 2005
Adopted December 13, 2005
Resolution No. 2005-**
� L IF O Rl .
City of Newport Beach
Newport Beach, Califomia
Acknowledgements
City Council
Don Webb, Mayor
Steven Rosansky, Mayor Pro Tem
Tod W. Ridgeway, City Council Member
Leslie J. Daigle, City Council Member
Edward D. Selich, City Council Member
Richard A. Nichols, City Council Member
John Heffernan, City Council Member
Garold B. Adams, City Council Member (2004)
Steven Bromberg, City Council Member (2004)
Planning Commission
Michael Toerge, Chairman
Jeffrey Cole, Vice Chairman
Barry Eaton, Secretary
Larry Tucker, Planning Commissioner
Earl McDaniel, Planning Commissioner
Robert Hawkins, Planning Commissioner
Michael Henn, Planning Commissioner
Edward D. Selich, Planning Commissioner (2004)
Steven Kiser, Planning Commissioner (2004)
LCP Certification Committee
Council Member Tod W. Ridgeway, Chairman
Council Member Don Webb
Council Member Edward D. Selich
Planning Commissioner Earl McDaniel
Planning Commissioner Michael Toerge
Planning Commissioner Michael Henn
Council Member Steven Bromberg (2002 -2005)
City taff
Robin Clauson, City Attorney
Sharon W. Wood, Assistant City Manager
Patricia L. Temple, Planning Director
Patrick J. Alford, Senior Planner
Table of Contents
CHAPTER 1 - INTRODUCTION
1.1
Purpose
1 -1
1.2
Organization
1 -1
1.3
General Policies
1 -2
1.4
The Coastal Act
1 -2
1.5
The City of Newport Beach
1 -4
CHAPTER 2 — LAND USE AND DEVELOPMENT
2.1 Land Use
2.1.1 Land Use Designations
2 -1
2.1.2 Coastal Land Use Map
2 -11
2.2
General Development Policies
2.2.1 Location of New Development
2 -12
2.2.2 Coastal Development Review
2 -13
2.2.3 Exclusion Areas
2 -15
2.2.4 Deferred Certification Areas
2 -17
2.2.5 Nonconforming Structures and Uses
2 -18
2.3
Visitor - serving and Recreational Development
2.3.1 Commercial
2 -20
2.3.2 Open Space and Tidelands/Submerged Lands
2 -24
2.3.3 Lower Cost Visitor and Recreational Facilities
2 -26
2.4
Coastal- dependent/related Development
2.4.1 Commercial
2 -28
2.4.2 Public Facilities
2 -29
2.5
Tidelands and Submerged Lands
2.5.1 The Tidelands Trust
2 -30
2.5.2 Tidelands Leases
2 -30
2.6
Industrial Development
2 -34
2.7
Residential Development
2 -36
2.8
Hazards and Protective Devices
2.8.1 General
2 -38
2.8.2 Tsunamis and Rogue Waves
2 -39
2.8.3 Storm Surges and Seiches
2 -42
2.8.4 Hurricanes and Tropical Storms
2 -45
2.8.5 Sea Level Rise
2 -46
2.8.6 Coastal Erosion
2 -47
2.8.7 Geologic and Seismic
2 -53
2.8.8 Fire
2 -56
2.9 Transportation
3.1.2
2.9.1 Public Transit
2 -59
2.9.2 Bikeways and Trails
2 -61
2.9.3 Parking
2 -62
CHAPTER 3 — PUBLIC ACCESS AND RECREATION
3.1 Shoreline and Bluff Top Access
3.1.1
Shoreline Access
3 -1
3.1.2
Bluff Top Access
3 -11
3.1.3
Beach Encroachments
3 -13
3.1.4
Bay/Harbor Encroachments
3 -16
3.1.5
Private /Gated Communities
3 -17
3.1.6
Preferential Parking Districts
3 -20
3.1 .7
Temporary Events
3 -21
3.1.8
Temporary Closures
3 -23
3.2 Recreation and Support Facilities
4 -27
121
Recreational Opportunities
3 -24
3.2.2
Support Facilities and Services
3 -26
3.2.3
Access for Persons with Disabilities
3 -31
3.3 Vessel
Launching, Berthing, and Storage
3.3.1
Vessel Launching
3 -33
3.3.2
Berthing and Storage
3 -34
3.3.3
Harbor Support Facilities
3 -36
CHAPTER 4 — COASTAL RESOURCE PROTECTION
4.1 Biological Resources
4.1.1 Environmentally Sensitive Habitats
4 -1
4.1.2 Marine Resources
4 -8
4.1.3 Environmental Study Areas
4 -14
No, 1 Semeniuk Slough
4 -15
No 2 North Star Beach
4 -16
No, 3 West Bay
4 -17
No 4 Upper Newport Bay Marine Park/DeAnza
4 -18
No. 5 San Diego Creek
4 -20
No. 6 Eastbluff Remnant
4 -22
No 7 Mouth of Big Canyon
4 -23
No 8 Newporter North
4 -24
No 9 Buck Gully
4 -25
No. 10 Morning Canyon
4 -27
No. 11 Newport Beach Marine Conservation Area
4 -29
No. 12 Castaways
4 -30
No. 13 Newport Harbor Entrance Kelp Beds
4 -32
CHAPTER 5 - GLOSSARY
APPENDENCES
Glossary 5 -1
Appendix A: California Coastal Commission Findings
Appendix B: List of Subsequent Amendments
4.1.4 Eelgrass Meadows
4 -40
4.1.5 Coastal Foredunes
4 -42
4.2
Wetlands and Deepwater Areas
4.2.1 Southern California Wetlands
4 -44
4.2.2 Wetland Definition and Delineation
4 -46
4.2.3 Dredging, Diking, and Filling
4 -48
4.2.4 Dredge Spoils Disposal
4 -57
4.2.5 Eelgrass Protection and Restoration
4 -59
4.3
Water Quality
4.3.1 TMDLs
4 -62
4.3.2 NPDES
4 -65
4.3.3 SSOs
4 -69
4.4
Scenic and Visual Resources
4.4.1 Coastal Views
4 -71
4.4.2 Bulk and Height Limitation
4 -73
4.4.3 Natural Landform Protection
4 -75
4.4.4 Signs and Utilities
4 -82
4.5
Paleontological and Cultural Resources
4.5.1 Paleontological and Archaeological Resources
4 -83
4.5.2 Historical Resources
4 -85
4.6
Environmental Review
4 -88
CHAPTER 5 - GLOSSARY
APPENDENCES
Glossary 5 -1
Appendix A: California Coastal Commission Findings
Appendix B: List of Subsequent Amendments
List of Maps
CHAPTER 2 — LAND USE AND DEVELOPMENT
Bikeways and Trails: Map 2
CHAPTER 3 — PUBLIC ACCESS AND RECREATION
Coastal Access and Recreation: Map 3 -1 (3 Maps)
Support Facilities: Map 3 -2
Parks: Map 3 -3
Vessel Launching, Berthing and Storage: Map 3 -4
CHAPTER 4 — COASTAL RESOURCE PROTECTION
Environmental Study Areas: Map 4 -1
Marine Resources: Map 4 -2
Coastal Views: Map 4 -3 (3 Maps)
Historical Resources: Map 4 -4
BACK POCKET
Coastal Land Use Plan (Map 1)
SPECIAL PHOTOGRAPHIC CREDITS
Pages 2 -11, 4 -15, and 4 -41 Copyright (C) 2002 -2005 Kenneth & Gabrielle Adelman,
California Coastal Records Project, wvwv.Califomiacoastline.or4.
1.0 Introduction
1.1 Purpose
This document establishes the Coastal Land Use Plan of the Local Coastal Program
of the City of Newport Beach, prepared in accordance with the California Coastal Act
of 1976. The Coastal Land Use Plan sets forth goals, objectives, and policies that
govern the use of land and water in the coastal zone within the City of Newport
Beach and its sphere of influence, with the exception of Newport Coast and Banning
Ranch. The physical boundaries of the area to which the Coastal Land Use Plan
applies are shown on the Coastal Land Use Map, included as Map 1. Newport
Coast is governed by the previously certified and currently effective Newport Coast
segment of the Orange County Local Coastal Program. Banning Ranch is a
Deferred Certification Area (DCA) due to unresolved issues relating to land use,
public access and the protection of coastal resources (see Section 2.2.4).
1.2 Organization
The Coastal Act contains coastal resources planning and management policies that
address public access, recreation, marine environment, land resources,
development, and industrial development. The Coastal Land Use Plan addresses
these topics under the following chapters:
Land Use and Development. This chapter includes policies for topics in
Sections 30007, 30212.5, 30213, 30221 - 30223, 30235 - 30236, 30250,
30252- 30253, 30255, 30260, 30262, 30600, 30610.5 of the Coastal Act.
Public Access and Recreation. This chapter includes policies for topics in
Sections 30210 - 30214, 30220 - 30224, 30234, 30234.5, 30244, and 30252
of the Coastal Act.
Coastal Resource Protection. This chapter includes policies for topics
covered in Sections 30230 - 30233, 30240, 30244, and 30251 of the Coastal
Act.
Each chapter is divided into sections and subsections. Each section or subsection
begins with the identification of the Coastal Act sections that are relevant to Newport
Beach, followed by a narrative of the local setting and policy direction adopted by the
City to address the requirements of the Coastal Act and a listing of specific policies.
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1.3 General Policies
The following policies shall be applied to achieve the goals and objectives of the
Coastal Act in applying the policies of this Coastal Land Use Plan:
1. The policies of Chapter 3 of the Coastal Act (PRC Sections 30200 -
30265.5) shall be the guiding policies of the Coastal Land Use Plan.
2. Where there are conflicts between the policies set forth in this Coastal
Land Use Plan and those set forth in any element of the City's General
Plan, zoning, or any other ordinance, the policies of the Coastal Land Use
Plan shall take precedence. However, in no case, shall the policies of the
Coastal Land Use Plan be interpreted to allow a development to exceed
a development limit established by the General Plan or its implementing
ordinances.
3. In the event of any ambiguities or silence in this Coastal Land Use Plan
not resolved by (1) or (2) above, or by other provisions of the City's LCP,
the Chapter 3 policies of the Coastal Act shall guide interpretation of this
Coastal Land Use Plan.
4. This Coastal Land Use Plan is not intended, and shall not be construed,
as authorizing the Coastal Commission or City to exercise its power to
grant or deny a permit in a manner that will take or damage private
property for public use, without the payment of just compensation therefor.
This Section is not intended to increase or decrease the rights of any
owner of property under the Constitution of the State of California or the
United States.
5. No provision of the Coastal Land Use Plan or the Coastal Act is a
limitation on any of the following:
A. On the power of the City to declare, prohibit, and abate nuisances.
B. Except as otherwise limited by state law, on the power of the City to
adopt and enforce additional regulations, not in conflict with the
Coastal Land Use Plan or the Coastal Act, imposing further conditions,
restrictions, or limitations with respect to any land or water use or other
activity which might adversely affect the resources of the coastal zone.
1.4 The Coastal Act
In 1972, the United States Congress passed the Coastal Zone Management Act
(Title 16 U.S.C. 1451 - 1464). The CZMA declared a national policy "to preserve,
protect, develop, and where possible, to restore or enhance, the resources of the
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Nation's coastal zone for this and succeeding generations." The CZMA sought to
encourage and assist States to develop and implement management programs for
the use of coastal land and water resources, "giving full consideration to ecological,
cultural, historic, and esthetic values as well as the needs for compatible economic
development."
The Coastal Zone Conservation Act (Proposition 20) was approved by a 55.2
percent vote in 1972. It prohibited development 1,000 yards inland from California's
mean high tide without a permit from a regional or state coastal commission. It
created a temporary California Coastal Zone Conservation Commission and six
regional commissions to develop a statewide plan for coastal protection. The
California Coastal Plan was submitted to the Legislature in 1975 and led to the
passage of the California Coastal Act in 1976.
The Coastal Act established the
permanent California Coastal
Commission. The Coastal
Commission's mandate is to
protect and enhance the
resources of the coastal zone
mapped by the Legislature.
Coastal Commission
membership is composed of
twelve voting members,
appointed equally by the
Governor, the Senate Rules
Committee, and the Speaker of
the Assembly. Half of the voting
commissioners are locally
elected officials and half are
representatives of the public at
large. The Coastal Commission
also has four ex officio (non-
voting) members representing
the Resources Agency, the
Coastal Act Goals for the Coastal Zone
Protect, maintain and, where feasible, enhance and
restore the overall quality of the coastal zone environment
and its natural and artificial resources.
Assure orderly, balanced utilization and conservation of
coastal zone resources taking into account the social and
economic needs of the people of the state. _
Maximize public access to and along the coast and
maximize public recreational opportunities in the coastal
zone consistent with sound resources conservation
principles and constitutionally protected rights of private
property owners.
Assure priority for coastal-dependent and coastal- related
development over other development on the coast.
Encourage state and local initiatives and cooperation in,
preparing procedures to implement coordinated planning
and development for mutually beneficial uses, including
educational uses, in the coastal zone.
Public Resources Code Section 30001.5
Business, Transportation and Housing Agency, the Trade and Commerce Agency
and the State Lands Commission.
The Legislature found that "to achieve maximum responsiveness to local conditions,
accountability, and public accessibility, it is necessary to rely heavily on local
government and local land use planning procedures and enforcement." Therefore,
implementation of Coastal Act policies is accomplished primarily through the
preparation of a Local Coastal Program (LCP), reviewed and approved by the
Coastal Commission. An LCP typically consists of a land use plan and an
implementation plan. The land use plan indicates the kinds, location, and intensity of
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land uses, the applicable resource protection and development policies, and, where
necessary, a listing of implementing actions. The implementation plan consists of
the zoning ordinances, zoning district maps, and other legal instruments necessary
to implement the land use plan. Any amendments to the certified LCP will require
review and approval by the Coastal Commission prior to becoming effective.
After certification of an LCP, coastal development permit authority is delegated to the
appropriate local government. The Coastal Commission retains original permit
jurisdiction over certain specified lands, such as submerged lands, tidelands, and
public trust lands, and has appellate authority over development approved by local
government in specified geographic areas and for major public works projects and
major energy facilities. In authorizing coastal development permits, the local
government must make the finding that the development conforms to the certified
LCP. Furthermore, after certification of the LCP, City actions on applications for
Coastal Act authority to conduct certain types of development and development
within certain geographic areas are appealable, to the Coastal Commission.
1.5 The City of Newport Beach
History
In order to fully understand the relationship between the Coastal Land Use Plan and
the community, it is necessary to understand the community and the historical events
that have influenced it. The history of Newport Beach begins with the bay. It is the
story of how natural forces shaped the land and coast and how people responded to
these changes.
It is believed that Newport Bay formed
about 300,000 years ago when a
precursor of the Santa Ana River
flowed into the northern end of the bay
and carved a deep canyon. Rising sea
levels submerged the bay until about
15,000 to 25,000 years ago. When the
bay reemerged, the Santa Ana River,
as it did throughout its history, had
shifted across the coastal plain and
now flowed into the ocean at Alamitos
Bay.
10,000 to 12,000 years ago, aboriginal Tongva millingston
hunters and gatherers were first drawn
to this area by the rich bounty of the bay and ocean. These original inhabitants
supplemented their diet with a variety of meat from marine resources, including
shellfish, fish, and birds and probably ventured out into the ocean in rafts to fish for
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Sheepshead, Blacksmith, and Giant Kelpfish. The most recent native people were
the Tongva (Gabrielinos) and the Acjachemem (Juanenos), who lived in small
villages around the bay until the beginning of the Mission period in the 1770's.
During the Mission period, the hills above the bay were part of a vast open cattle
range of the Mission San Juan Capistrano. Early Spanish names for the bay were
Bo /sa de Quigara (bay with high banks) or Bo /sa de Gengara, in reference to a
nearby Indian village. After Mexico gained independence from Spain in 1831, the
mission lands were broken up and redistributed through land grants. In 1837, the
bay became a part of Rancho San Joaquin under the ownership of Jose Andres
Sepulveda. Floods and droughts caused Sepulveda to sell the ranch in 1864 and it
eventually became a part of the expansive Irvine Ranch.
The bay at that time was open to the ocean and part of a large estuary that stretched
from Huntington Beach to Corona del Mar. In 1825, unusually heavy floods again
shifted the mouth of the Santa Ana River to the southeast of the Huntington Beach
mesa. Sand carried by the river began to form a peninsula. Over the next thirty
years, the peninsula made steady progress in a southeasterly direction. By 1857,
the eastern tip had reached to approximately where Bay Island is today. Floods
during the winter of 1861 -62 extended the peninsula to the present harbor entrance.
This barrier beach forced the Santa Ana River to flow parallel to the coast. The
accretion of silt made the bay shallower and spread marsh vegetation.
1875 survey map of Newport Bay
In the late 1860's, the bay was used
as a landing to load hides, tallow, hay
and other goods for export. In
September 1870, Captain Samuel S.
Dunnells' steamer Vaquero ventured
into the bay to offload a cargo of
lumber and shingles. Captain
Dunnells soon established "Newport
Landing" by constructing a small
wharf and warehouse near the west
end of the present Coast
Highway /Newport Bay Bridge.
James McFadden and his younger
brother Robert acquired the landing in
1875 and for the next nineteen years
operated a thriving commercial trade
and shipping business. However, the bay was not yet a true harbor and sand bars
and a treacherous bay entrance caused the McFadden Brothers to move the
shipping business to the oceanfront by constructing a large pier on the sand spit that
would become the Balboa Peninsula. The site was ideal because a submarine
canyon (Newport Submarine Canyon), carved along with Newport Bay by the ancient
Santa Ana River, provided calm waters close to the shore. McFadden Wharf was
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completed in 1888 and was connected by rail to Santa Ana in 1891. For the next
eight years, the McFadden Wharf area was a booming commercial and shipping
center and a company town began to grow. However, in 1899, the Federal
Government allocated funds for major improvements to a new harbor at San Pedro,
which would become Southern California's major seaport. The McFadden Wharf
and railroad was sold to the Southern Pacific Railroad that same year, signaling the
end of Newport Bay as a commercial shipping center.
In 1902, James McFadden sold his Newport townsite and about half of the Peninsula
to William S. Collins, who saw Newport Bay's resort and recreation potential. Collins
took on Henry E. Huntington as a partner in the Newport Beach Company.
Huntington had acquired the Pacific Electric railway system and used it to promote
new communities outside of Los Angeles. In 1905, the Pacific Electric "Red Cars"
were extended to Newport and then to Balboa the following year. Also in 1906,
Collins began dredging a channel on the north side of the bay and deposited the
sand and silt on tidelands that would become Balboa Island. Between 1902 and
1907, many of Newport Beaches' waterfront communities were subdivided, including
West Newport, East Newport, Bay Island, Balboa, and Balboa Island. This
established the grid system of small lots and narrow streets and alleys that still exists
today in these areas.
In 1906, the City of Newport Beach, consisting
of West Newport and Balboa Peninsula,
incorporated. In 1916, most of Balboa Island
was annexed, followed by Newport Heights in
1917, Corona del Mar in 1924, and the
balance of Balboa Island in 1927. In 1923, the
dredging and filing of mud flats that would
become Lido Island began. At this time,
Newport Beach was still a beach town, with
most of the homes being constructed as
beach cottages and second homes used for
vacations. However, public safety concerns
would move Newport Beach to embark on a
series of projects to protect and improve the
harbor and ultimately lead to the next stage in
the City's development.
Newport Beach circa 1910
At that time, the channels in the bay were narrow, shallow, and tortuous. Two
massive floods in December 1914 and January 1916 filled the harbor and beaches
with silt and debris. This and an increasing number of drownings at the harbor
entrance prompted Newport Beach voters to approve funds to build the west jetty. In
1919, Orange County voted for funds to extend the jetty and build a dam to divert the
Santa Ana River from the bay and flow directly into the ocean west of the City. The
harbor improvements turned a small colony of fishermen into a major industry. In
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the1920's the sport fishing and commercial fishing would become the major source
of income in Newport Beach. In 1921, the first of four commercial fish canneries was
built on the Rhine Channel. The boatyard industry also began to flourish.
The great increase in the number of commercial and recreational boats in the 1920s
led to calls for further harbor improvements. Also, the consensus gradually changed
from development of a commercial harbor to a recreational harbor. In 1928, Newport
Beach voters approved funds for work on the west and east jetties. In 1933, a
federal grant and matching funds from an Orange County bond measure provided
funds to extend the jetties and dredge the entire Lower Newport Bay. On May 23,
1936, Newport Harbor was dedicated. The completion of the harbor improvements
increased recreational and commercial boating activity. The South Coast Shipyard
produced all types of pleasure craft. With the United States entry into World War II,
the boatyards quickly shifted to the wartime production. South Coast and the new
Lido Shipyard produced minesweepers, sub chasers, and other military vessels. By
the end of the war, the summer beach resort town had become a city of 10,000
people.
The postwar boom in Southern California led to the next stage in the City's
development. The Irvine Company began to open some of its vast land holdings
east of the City to residential development. During the 1950's the City annexed over
4,382 acres, more than tripling its land area. In 1960, the City had a population of
26,565 people. The 1960's saw the development of major employment, commercial,
and educational centers in Orange County. The City annexed another 2,280 acres,
including the Newport Dunes and the future sites of Newport Center and Fashion
Island. In 1970, the City's population had reached 49,442 people.
The expansion and development of the City led to a period of introspection in the
1970's. In 1969, a citizens committee completed work on a set of community goals
titled Newport Tomorrow, which served as the basis for the City's 1973 General Plan.
Newport Tomorrow also served as a catalyst for a series of special studies, which
resulted in new development controls.
In 1970, the Lower Newport Bay Civic District study began to analyze development
around the lower bay, including height limits, the preservation of marine service
facilities, public access, and view corridors. The study resulted in the adoption of the
Shoreline Height Limitation Ordinance in 1972, which established new height and
bulk restrictions around the bay. Height limits along Pacific Coast Highway and other
commercial areas were lowered from 85 to 26 feet. Residential development
standards for Corona del Mar, Balboa Island, West Newport, and the Balboa
Peninsula followed in 1973 and 1974, which set stricter floor area and height limits
and higher off - street parking and open space requirements.
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A proposed land exchange
between the County of Orange
and the Irvine Company cleared
the way for the development of
the Upper Newport Bay with
residential uses and marinas in
the early 1960's. Newport
Beach residents began a
movement to preserve the Upper
Bay, first winning local
government support, then at the
County, then at the State. In
1973, an appellate court ruled
that a proposed land exchange
Upper Newport Bay circa 1952 was unconstitutional. In 1974, a
committee composed of Federal,
State, and local agencies and interested members of the community produced a plan
that recommended preservation of the Upper Bay. The Upper Newport Bay
Ecological Reserve (Upper Newport Bay Marine Park) was created in 1975 as result
of the purchase of 527 acres of land in and around the bay from the Irvine Company
and the transfer of 214 acres of tidal wetlands from the County of Orange to the
State.
The City continued to expand and
develop in the 1980's and 1990's, albeit
at a slower pace. The City's population
was 65,283 in 1980, and increased to
66,643 in 1990. Land use and
development policies continued to be
refined. In 1988, comprehensive
amendments to Land Use and
Circulation Elements of the General
Plan were adopted to establish
reasonable density and intensity limits,
allow for modest growth, and to better
correlate land uses with the circulation
system. Specific plans were adopted
for the older commercial districts on the
Balboa Peninsula, including Cannery
Village, McFadden Square, and Balboa
Village. By the year 2000, the
population had reached 70,032.
Coastal History Notes
1905 Balboa Pier and Balboa Pavilion constructed..
1909 Balboa Island Ferry service established...
1411 Fist yacht club established:in Newport Beach.
1913 * ,Frost Lfe Saving Corps organized:
*1917 First commercial fish cannery opens.. -
1918 Newport to Balboa boardwalk -conshicted.-
1922 Duke Kahanamoku introduces surfeig al Newppit..
1922 City purchases Newport Pier (McFadden .Wharf):
.1923. First public restrooms built at McFadden Place:
1923 First City lifeguard service created. --
1934 Sea salt works dike constricted in Upper Bay.
1938 Fun Zone opens.':
1948 First Newpod- Ensenada Yacht Race.
1958. Newport Dunes opens. ,
1969 Floods breach salt works dikes;:siits Upper Bay.
1971 Fiat Zone saved from corxbminium devektpment
1982 Upper Newport Bay dredgers to dear sift build-up-
1982.. First LCP Land Use Plan certified.
2000 -Upper Newport Bay Interpretative Center opens.
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Newport Beach in 2004
At the beginning of the 21st Century, Newport Beach is a community of 75,662
people covering 25.4 square miles, including 2.5 square miles of bay and harbor
waters. The City has over 30 miles of bay and ocean waterfront. Over 63 percent of
the City is in the coastal zone.
While Newport Beach is no longer a sleepy little beach town, the bay and beach
continue to play an important role in the community's character and economy.
Newport Harbor is the largest small craft harbor in the United States with over 9,000
boats at 2,119 commercial slips and side ties, 1,221 bay moorings, and 1,230 piers.
Beach attendance averages 9.4 million people annually.
Newport Beach continues to be a major visitor destination. In FY 2001, the City
received 7.2 million visitors (people other than those who reside or work here). Over
80 percent of the City's visitors are here for purposes of leisure. The City has 16
hotel properties with 2,977 rooms and 535 seasonal housing units. However, the
vast majority are day visitors.
Aerial view of the Balboa Peninsula
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2.0 Land Use and Development
2.1 Land Use
The Coastal Land Use Plan was derived from the Land Use Element of the General
Plan and is intended to identify the distribution of land uses in the coastal zone. The
Land Use Element may contain more precise development limits for specific
properties. Should a conflict exist, the land use intensity or residential density limit
that is most protective of coastal resources shall take precedence. However, in no
case, shall the policies of the Coastal Land Use Plan be interpreted to allow a
development to exceed a development limit established by the General Plan or its
implementing ordinances.
2.1.1 Land Use Designations
Policy 2.1.1 -1 The following land use designations establish the type, density and
intensity of land uses within the coastal zone. If there is a conflict between the
development limits of the Land Use Element and the Coastal Land Use Plan, the
provision that is most protective of coastal resources shall take precedence.
However, in no case, shall the policies of the Coastal Land Use Plan be interpreted
to allow a development to exceed a development limit established by the General
Plan or its implementing ordinances.
Residential
Estate Residential (RE). The RE designation is intended to provide for very low -
density single - family detached residential development on large lots. Residential
density ranges from 0.5 to 2.5 units per gross acre.
Very Low Density Residential (RVL). The RVL designation is intended to provide
primarily for very low- density single - family detached residential development.
Residential density ranges from 2.6 to 4.5 units per gross acre.
Low Density Residential (RL). The RL designation is intended to provide primarily
for low- density single - family detached residential development. Residential density
ranges from 4.6 to 6 units per gross acre.
Medium Density Residential (RM). The RM designation is intended to provide for
a range of residential development types, including single - family (attached and
detached), two- family, and multi - family residential.
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Medium Density Residential A (RM -A). Residential density ranges from 6.1
to 10 units per gross acre.
Medium Density Residential B (RM -B). Residential density ranges from
10.1 to 15 units per gross acre.
Medium Density Residential C (RM -C). Residential density ranges from
15.1 to 20 units per gross acre.
High Density Residential (RH). The RH designation is intended to provide primarily
for multi - family residential development.
High Density Residential A (RH -A).
Residential density ranges from 20.1 to
30 units per gross acre.
High Density Residential B (RH -B).
Residential density ranges from 30.1 to
40 units per gross acre.
High Density Residential C (RH -C).
Residential density ranges from 40.1 to
50 units per gross acre.
High Density Residential D (RH -D).
Residential density ranges from 50.1 to
60 units per gross acre.
Commercial
General Commercial (CG). The CG designation is intended to provide for a wide
range of commercial activities oriented primarily to serve citywide or regional needs.
General Commercial A (CG -A). Development intensity ranges from a floor
area to land area ratio of 0.00 to 0.30.
General Commercial A (CG -B). Development intensity ranges from a floor
area to land area ratio of 0.50 to 0.75.
General Commercial B (CG -C). Development intensity ranges from a floor
area to land area ratio of 0.50 to 1.00.
Recreational and Marine Commercial (CM). The CM designation is intended to
provide for commercial development on or near the bay in a manner that will
encourage a continuation of coastal- dependant and coastal - related uses, maintain
the marine theme and character, encourage mutually supportive businesses,
encourage visitor - serving and recreational uses, and encourage physical and visual
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access to the bay on waterfront commercial and industrial building sites on or near
the bay.
Recreational and Marine Commercial A (CM -A). Development intensity
ranges from a floor area to land area ratio of 0.00 to 0.30.
Recreational and Marine Commercial A (CM -B). Development intensity
ranges from a floor area to land area ratio of 0.30 to 0.75.
Recreational and Marine Commercial B (CM -C). Development intensity
ranges from a floor area to land area ratio of 0.30 to 1.00.
Commercial Residential (CR). The CR designation is intended to provide for
commercial areas with limited residential development permitted above the first floor.
Development intensity ranges from a floor area to land area ratio of 0.30 to 1.00 for
commercial development and 1.25 with commercial - residential development.
Neighborhood Commercial (CN). The CN designation is intended to provide for a
limited range of retail and service uses oriented to primarily serve the needs of and
maintain compatibility with residential uses in the immediate area. Development
intensity shall not exceed a floor area to land area ratio of 0.30.
Commercial Office (CO). The CO designation is intended to provide for
administrative, medical, and professional offices with limited accessory retail and
service uses. Development intensity ranges from a floor area to land area ratio of
0.25 to 1.25.
Visitor - Serving Commercial (CV). The CV designation is intended to provide for
accommodations, goods, and services intended to primarily serve the needs of
visitors of Newport Beach.
Visitor - Serving Commercial (CV -A). Development intensity ranges from a
floor area to land area ratio of 0.50 to 0.75.
Visitor - Serving Commercial (CV -B). Development intensity ranges from a
floor area to land area ratio of 0.50 to 1.25.
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Industrial
General Industrial (IG). The IG designation is intended to provide for a full range of
manufacturing, industrial processing, and distribution and storage uses.
Development intensity ranges from a floor area to land area ratio of 0.50 to 0.75.
Light Industrial (IL). The IL designation is intended to provide for a wide range of
moderate to low intensity industrial uses, such as light manufacturing and research
and development, and limited ancillary commercial and office uses. Development
intensity ranges from a floor area to land area ratio of 0.50 to 0.75.
Open Space and Public Facilities
Open Space (OS). The OS designation is intended to provide areas for a range of
public and private uses to meet the recreation and open space needs of the
community and to protect, maintain, and enhance the community's natural
resources.
Tidelands and Submerged Lands (TS). The TS designation is intended to address
the use, management and protection of tidelands and submerged lands of Newport
Bay and of the Pacific Ocean immediately adjacent to the City of Newport Beach.
This designation generally is not applied to historic tidelands and submerged lands
that are presently filled or reclaimed.
Public Facilities (PF). The PF designation is intended to provide public and quasi -
public facilities, including educational institutions, cultural institutions, government
facilities, libraries, community centers, hospitals, religious institutions, and utilities.
Development intensity ranges from a floor area to land area ratio of 0.50 to 1.00.
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Planning Study Areas
Planning Study Areas (PS). The PS designation is intended for certain areas of
Newport Beach with unique land use and development characteristics that cannot be
properly addressed through standard land use designations. To address these
characteristics, the following planning study areas are designated:
Planning Study Area 1 (Lido Peninsula). The Lido Peninsula area is
bounded by Lido Park Drive, West Lido Channel, Newport Channel, and the
Rhine Channel. The Lido Peninsula area
is designated for a mixture of Recreational
and Marine Commercial B and Medium
Density Residential B development and is
allocated 250 dwelling units and 156,416
square feet of commercial. Commercial
development is limited to 30 percent of the
total land area and residential
development is limited to 70 percent of the
land area
Lido Peninsula commercial
The Recreational and Marine Commercial
designation is intended to provide the continuation of coastal- dependant and
coastal - related uses, encourage mutually supportive businesses, encourage
visitor - serving and recreational uses, and encourage physical and visual
access to the bay.
Planning Study Area 2 (Cannery
Village). Cannery Village is a mixed -use
area on the bay side of Newport Boulevard
between 32nd Street and 26th Street on
the Balboa Peninsula. The area consists
of commercial, industrial, and residential
uses, including many of the marine
industrial businesses serving the Newport
Harbor area. The Cannery Village area is
intended to serve as an active pedestrian
oriented specialty retail area with a wide
range of visitor serving, neighborhood
commercial, and marine related uses
permitted.
Cannery Village boardwalk
Bayfront areas are designated Recreational and Marine Commercial C and
are intended to encourage a continuation of marine - oriented uses, maintain
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the marine theme and character of the area, and encourage public physical
and visual access to the bay. Professional and business offices are
permitted only in conjunction with a marine - related use.
The General Commercial C area bounded by 32nd Street, 29th Street, Villa
Way, and Newport Boulevard are intended to provide a specialty retail core by
encouraging mutually supportive businesses, establishing a continuity of
shopping and pedestrian orientation, and a high level of pedestrian interest,
comfort and amenity. The General Commercial C area surrounding the
specialty retail core is intended to provide a transition between the specialty
retail core and the Recreational and Marine Commercial areas along the
bayfront. This area is intended to provide a wide range of uses and services
accommodating residents and visitors, and the boating industry. Retail sales,
personal and professional uses that offer direct services to the public, and
marine - related light industrial uses are permitted.
The commercial center located at southwest corner of the intersection of
Newport Boulevard and 32nd Street is designated Neighborhood
Commercial with a maximum floor area to land area ratio of 0.25.
In all commercial areas, with the exception of the Neighborhood Commercial
area, residential uses are permitted on the second floor or above where the
ground floor is occupied by commercial use. The maximum floor area to land
area ratio for commercial - residential development is 1.25.
Cannery Village is highly subject to redevelopment pressures. The Cannery
Village /McFadden Square Specific Plan regulates development in this area.
In order to maintain the particularly "marine" atmosphere of the area, careful
consideration should be given to all proposals for new development,
especially in waterfront areas.
Newport Pier Plaza
Planning Study Area 3 (McFadden
Square). McFadden Square is bounded
by Newport Bay, 19th Street, the
oceanfront beach, the alley between 23rd
and 24th Streets, Newport Boulevard and
26th Street. The area is designated
General Commercial C, Recreational and
Marine Commercial C, and Medium
Density Residential C and High Density
Residential A.
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Newport Pier
Retail and Service Commercial areas are intended to provide for a broad
range of coastal- related and visitor - serving commercial uses. Professional
and business offices not providing goods or services to the public, or not
ancillary to an otherwise permitted use, are allowed only on the second floor
or above. In the primary visitor - serving core, non - priority commercial uses are
prohibited on the ground floor. The McFadden Square primary visitor - serving
core is bounded to the west by the first row of properties fronting on 23rd
Street, to the north by Balboa Boulevard, to the east by the first row of
properties fronting on McFadden Place, and to the south by the sandy beach,
excluding properties currently designated and constructed as residential uses.
Bayfront areas are designated Recreational and Marine Commercial and are
intended to encourage a continuation of marine - oriented uses, maintain the
marine theme and character of the area, and encourage public physical and
visual access to the bay. Professional and business offices are permitted only
in conjunction with a marine - related use.
In all commercial areas, residential uses are permitted on the second floor or
above where the ground floor is occupied by commercial use. The maximum
floor area to land area ratio for commercial - residential development is 1.25.
Planning Study Area 4 (Balboa
Village). Balboa Village is the area
bounded by Newport Bay, A Street, the
oceanfront beach and Adams Street.
This area is a unique mixture of
visitor - oriented and
neighborhood- oriented retail and service
uses, including coastal- dependent visitor
uses such as sport fishing
establishments, day -boat rentals, ferry
service, fishing docks, and the historic
Balboa Pavilion. The area is designated
for General Commercial C, Medium
Balboa Village
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Density Residential C, High Density Residential A, High Density Residential
B and Public Facilities.
Main SVeet
Residential uses are permitted on the second floor or above where the
ground floor is occupied by commercial use. The maximum floor area to land
area ratio for commercial - residential development is 1.25. General
Commercial areas are permitted floor area ratio and density bonuses of 0.05
to 0.10 when existing legal lots are consolidated to provide unified site
design.
Although Balboa Village provides a number of businesses that are oriented to
visitors of the coastal zone, a wider range of commercial uses need to be
permitted in order to maintain year -round economic viability. However, within
the primary visitor - serving core, non - priority commercial uses are prohibited
on the ground floor. The Balboa Village primary visitor - serving core is
bounded to the west by Adams Street, to the north by the Newport Harbor, to
the east by A Street, and to the south by the sandy beach, excluding
properties currently designated and constructed as residential uses or as
public facilities.
Balboa Bay Club
Planning Study Area 5 (Balboa Bay
Club). The Balboa Bay Club is located on
Coast Highway between the Orange
Coast College David A. Grant Collegiate
Rowing Center and the Bayshores
community. The property consists of
approximately 12.6 acres of State
tidelands held in trust by the City of
Newport Beach and leased to the Balboa
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Club, Inc. It is currently developed with many uses, including visitor - serving,
recreational, boating, restaurant and banquet, and residential facilities. The
site is designated for a mixture of Recreational and Marine Commercial and
High Density Residential A and is allowed a floor area ratio of 0.5. Residen-
tial development is allowed in conjunction with commercial development up
to a maximum total floor area ratio of 1.0 and 144 dwelling units.
The use of tidelands for a private club and for private residences is in conflict
with the public trust doctrine. Assembly Bill 3139 (Chapter 728, Statutes of
1994) provided for redevelopment of the private club portion of the property to
allow full public access and the continuation of the residential uses to
December 31, 2044 (see Section 2.6).
Planning Study Area 6 (Newport
Dunes). The Newport Dunes consists of
100 acres of State tidelands property on
the Upper Newport Bay held in trust by the
County of Orange. This area is designated
open space and is intended for recreational
and visitor - serving uses. Land uses and
development limits are established
pursuant to the Newport Dunes Settlement
Agreement. The site is currently
developed with a 406 -space recreational Newport Dunes Aquatic Park
vehicle park, a 450 -slip marina, a
restaurant, dry boat storage, boat
launching facilities, surface parking, and beach day use facilities. This area
also includes an undeveloped site for a 275 -room hotel with up to 500,000
square feet of floor area. 27,500 square feet of floor area for restaurants, and
5.000 square feet of floor area for retail commercial.
The Newport Dunes provides a variety of recreational and visitor - serving
uses. Protection, and if feasible, expansion and enhancement, of the diversity
of these uses should be a part of any new development application.
Particular attention should be given to provision of lower cost uses.
The Newport Dunes is located on the Upper Newport Bay and surrounded by
coastal bluffs. Any application for new development must be given special
consideration to the protection of the water quality of the bay and adjacent
natural habitats. Any new development should be designed and sited to
minimize impacts to public views of the water and coastal bluffs.
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Planning Study Area 7 (Marine
Avenue). Marine Avenue is a two -block
retail district on Balboa Island. Marine
Avenue reflects the unique characteristics
of the Balboa Island community. Balboa
Island is known for its casual and laid -back
lifestyle and Marine Avenue serves as its
town square. Marine Avenue has a
number of small - scale, locally -owned
businesses, including restaurants, retail
Marine Avenue shops, art galleries, and services. This
small -town downtown atmosphere has
made Marine Avenue a popular visitor destination.
Although Marine Avenue does not have the typical "tourist- driven" mix of
shops and businesses, visitors are drawn there to experience a Southern
California coastal island community. The number and variety of businesses
cannot be supported by the local economy alone and without local support,
most of these businesses could not survive year- round. Therefore, the
continued success of the retail economy on Marine Avenue is contingent on
businesses that serve both local residents and visitors.
The area is designated for Commercial Residential and Public Facilities.
Residential uses are permitted in commercial areas on the second floor or
above where the ground floor is occupied by a commercial use. Non - priority
commercial uses are prohibited on the ground floor. The maximum floor area
to land area ratio for commercial - residential development is 1.25.
2.1.2 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use designation for each property
and is intended to provide a graphic representation of policies relating to the location,
type, density, and intensity of all land uses in the coastal zone.
Policy 2.1.2 -1. Land uses and new development in the coastal zone shall be
consistent with the Coastal Land Use Plan Map and all
applicable LCP policies and regulations.
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2.2 General Development Policies
2.2.1 Location of New Development
Coastal Act policies related to the location of new development that are relevant to Newport
Beach include the following:
30250 (a). New residential, commercial, or industrial development, except as otherwise provided in this division, shall be
located within, contiguous with, or in close proximity lo, existing developed areas able to accommodate it or, where such
areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant
adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for
agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area
have been developed and the created parcels would be no smaller than the average size of surrounding parcels.
30252. The location and amount of new development should maintain and enhance public access to the coast by (1)
facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential
development or in other areas that will minimize the use of coastal access roads, (3) providing nonautornobile circulation
within the development, (4) providing adequate parking facilities or piovldmg substitute means of serving the development
with public transportation, (5) assuring the potential for public transit for high intensity uses such as high -rise office buildings,
and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by
correlating the amount of development with local park acquisition and development plans with the provision of onsile
recreational facilities to serve the new development.
The Coastal Act provides for the protection of coastal resources by requiring that
new development be located in areas in close proximity to existing development with
available public services to minimize the impacts associated with the extension of
infrastructure and services. Most of the areas of Newport Beach's coastal zone were
developed during the first half of the 20th Century. Therefore, new development
within the coastal zone will occur in the form of redevelopment or infill development
within or adjacent to existing developed areas. These areas have adequate public
services or are capable of having public services extended or expanded without
significant adverse effects on coastal resources.
Banning Ranch
The only exception is the 505 -acre
Banning Ranch property. Save
for oil field facilities, Banning
Ranch is undeveloped, but is
contiguous to the developed areas
of Newport Beach, Costa Mesa,
and Huntington Beach. Banning
Ranch is designated as a deferred
certification area due to
unresolved land use and resource
protection issues (see Section
2.2.4).
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Policies:
2.2.1 -1. Continue to allow redevelopment and infill development within
and adjacent to the existing developed areas in the coastal
zone subject to the density and intensity limits and resource
protection policies of the Coastal Land Use Plan.
2.2.1 -2. Require new development be located in areas with adequate
public services or in areas that are capable of having public
services extended or expanded without significant adverse
effects on coastal resources.
2.2.1 -3 Provide commercial facilities within or adjoining residential
development or in other areas that will minimize the use of
coastal access roads.
2.2.2 Coastal Development Review
Coastal Act policies related to. development: review that are relevant to Newport Beach
include the following:
3o6w (a). Except as provided in subdivision (e), grid yr addilpri to otitafning any their permit required by law from any local
government or horn any state, regional,. a bcal' agency; any persoif, as defined in Section 21066, wishing. to perform or
undertake any development in the coastal zone, other .than. a facility subject to Section 25500;... shall obtain a coastal
devebgneM permit. .. .:.. .. .. .
30600 (d)., Aber certification of its local coastal program a pursuant to the provisions of$ection 30600.5, a coastal
development permit shall be obtained from the local government as provided fa in section 30519 or section 30600.5.
In order to ensure that development
within the coastal zone is consistent
with the LCP and any applicable
policies from Chapter 3 of the Coastal
Act, the City will require a coastal
development permit prior to
commencement of any development in
the coastal zone, with the exceptions of
developments in areas where the
Coastal Commission retains permit
jurisdiction, developments where an
amendment to a Coastal Commission-
issued permit is required, developments
determined to be categorically excluded Beachfront residential development on the Balboa Peninsula
according to the categories and
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standards established by the Coastal Commission, and developments determined to
be excluded from the coastal development permit requirements pursuant to Public
Resources Code Section 30610 and its implementing regulations. Development
may also be excluded from permit requirements pursuant to Public Resources Code
Sections 30005 (b), 30608 and 30600 (e), which address nuisance abatement,
vested rights and emergency circumstances, respectively.
Policies:
2.2.2 -1. After certification of the LCP, require a coastal development permit for all
development within the coastal zone, subject to exceptions provided for
under the Coastal Act as specified in the LCP.
2.2.2 -2. Incorporate coastal development permit procedures into the
implementation plan to ensure that all public and private development in
the coastal zone is consistent with the LCP.
2.2.2 -3. Prior to approval of any coastal development permit, the City shall make
the finding that the development conforms to the policies and
requirements contained in the Coastal Land Use Plan.
2.2.2 -4. Implement building design and siting regulations to protect coastal
resources and public access through height, setback, floor area, lot
coverage, building bulk, and other property development standards of the
Zoning Code intended to control building placement, height, and bulk.
Beachfront homes in West Newport
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2.2.3 Exclusion Areas
Excerpts from specific Coastal Act sections related to exclusion areas that are relevant to
Newport Beach include the following:
30610. Notwithstanding any other provision of this division; no coastal development permit shall be required pursuant to this
chapter for the following types of development and in the following areas:
(e) Any category of development, or any category of development within a specificalty defined geographic area, that the
commission, after public hearing, and by two-thirds vote of its appointed members, has described or identified and -with
respect to which the commission has found that there is no potential for any significant adverse effect, either irMividually or
cumulatively, on coastal resources or on public access to, or along, the coast and, where the exclusion precedes certification
of the applicable local coastal program, that the exclusion will not impair the ability of local government to prepare a local .
coastal program.
Section 30610 (e) of the Coastal Act provides for a category of development, or a
category of development within a specifically defined geographic area, to be
excluded from the coastal development permit provisions of the Coastal Act provided
there is no potential for any significant adverse effect, either individually or
cumulatively, on coastal resources or on public access to, or along, the coast.
Residential Areas
On June 14, 1977, the Coastal
Commission adopted Categorical
Exclusion Order E -77 -5, at the request of
the City of Newport Beach pursuant to
Section 30610 (e) of the Coastal Act.
The categorical exclusion is for the
demolition and /or construction of all
single - family and two- family residences
and their appurtenant facilities in most
residentially -zoned districts within the
City of Newport Beach within the coastal
zone. The categorical exclusion,
however, does not include the first row of
lots adjacent to the beach, bay or Infill residential developmentin Corona del Mar
wetlands nor is the categorical exclusion
applicable to major undeveloped residential sites within the coastal zone, Planned
Community zoned districts or gated communities within the City. In Resolution No.
9190, the City Council found and determined that the exclusion applies only to
Balboa Island, the Balboa Peninsula, Cameo Highlands, Cameo Shores, Corona del
Mar, Corona Highlands, Irvine Terrace, Lido Isle, Shorecliffs, the Upper Bay and
West Newport. Pursuant to Section 13249 (b) of the California Code of Regulations,
a categorical exclusion order automatically terminates upon the effective date of the
delegation of development review authority to a local government. Therefore,
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Categorical Exclusion Order E -77 -5 will terminate when the LCP is certified and
adopted.
The categorical exclusion was adopted in recognition that the residential areas in
question contained little vacant land and that new development consisted primarily of
the conversion of single - family dwellings to two- family dwellings and the replacement
and improvement of existing single - family and two- family residences. These
residential areas consist of well - established neighborhoods. Development in the 27
years since the adoption of the categorical exclusion has continued to be in the form
of redevelopment or infill projects. The permitted residential unit type and maximum
density of the Coastal Land Use Plan reflect the predominant form of development in
these areas. Residential floor areas and building heights have been strictly
controlled since the early 1970's to insure that the scale, size, and character of new
development is compatible with existing development in the surrounding area.
Therefore, the City will seek a new categorical exclusion for these residential areas
concurrently with certification of the LCP.
Commercial Areas
The Corona del Mar commercial area
is generally located along Coast
Highway between Avocado Street
(including the southwest corner) and
Hazel Drive. Only the south side of
Coast Highway is located within the
coastal zone. It has been zoned for
commercial uses since 1936 and
developed as a business district for
over 75 years. The commercial area is
completely urbanized and new
development is limited to a maximum
floor area to land area ratio of 0.75. Coast Highway in Corona del Mar
Unlike other coastal commercial areas
that largely serve the visitor market, Corona del Mar has the broadest base of local -
serving retailers. The portion of the Corona del Mar commercial area located in the
coastal zone is located 1,000 to 2,500 feet from the shoreline. Given this
commercial area's considerable distance from the shoreline and minimal use by
coastal zone users, there is no potential for significant adverse effects, either
individually or cumulatively, on public access to the coast or on coastal resources.
Therefore, the City should seek a categorical exclusion for this commercial area
concurrently with certification of the LCP.
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Policies:
2.2.3 -1. Pursuant to Section 30610 (e) of the Coastal Act, request a categorical
exclusion for the residential areas: Balboa Island, the Balboa Peninsula,
Cameo Highlands, Cameo Shores, Corona del Mar, Corona Highlands,
Irvine Terrace, Lido Island, Newport Center, Newport Heights, Newport
Shores, Shorecliffs, Upper Newport Bay, and West Newport.
2.2.3 -2. Pursuant to Section 30610 (e) of the Coastal Act, request a categorical
exclusion for the portion of the Corona del Mar commercial area located
in the coastal zone, which consists of all commercial properties on the
south side of Coast Highway between Avocado Street (including the
southwest corner) and Hazel Drive.
2.2.3 -3. Incorporate the terms and conditions of categorical exclusions into the
implementation plan.
2.2.3 -4. Provide a graphical representation of the terms of the categorical
exclusion order by depicting the subject properties on a Permit and
Appeal Jurisdiction Map and incorporate into the implementation plan. In
case a conflict exists between the Permit and Appeal Jurisdiction Map
and the text of the categorical exclusion order, the text of the categorical
exclusion order shall govern the terms of the exclusion.
2.2.4 Deferred Certification Areas
Deferred Certification Area (DCA) refers to an area which has not been officially
segmented for purposes of LCP preparation and where both the land use plan and
implementation plan have been deferred to some future date in order to avoid delay
in certifying the balance of the LCP. The Coastal Commission retains permit
jurisdiction in all deferred certification areas.
Banning Ranch. Banning Ranch consists of 505 acres located north of the
Semeniuk Slough and Coast Highway West and east of the Santa Ana River. Nearly
all of Banning Ranch (454 acres) is located within the City's sphere of influence in
unincorporated Orange County. Oil and gas operations are conducted throughout
the County portion of the property (West Newport Oil Field) pursuant to California
Coastal Commission Exemption E -144. These operations consist of 483 producing,
idle, injection, and abandoned well sites and related service roads, pipelines,
storage, and other facilities. The property contains a number of sensitive habitat
types, including southern coastal bluff scrub, alkali meadow, southern coastal salt
marsh, southern black willow forest, coastal brackish marsh, and vernal pools. The
property also contains steep coastal bluffs along the southern and western edges of
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the mesa. The bluff faces have
been eroded in some areas to form
a number of gullies and ravines.
Future land uses for Banning Ranch
are currently under review as part of
a comprehensive update of the City
of Newport Beach General Plan.
Banning Ranch shall remain a
deferred certification area until such
time as the future land uses for the
property are resolved and policies
are adopted to address the future of
the oil and gas operations, public
access, and the protection of the
coastal resources on the property.
Policies:
Banning Ranch
2.2.4 -1. Designate the Banning Ranch property as an area of deferred
certification until such time as the future land uses for the property are
resolved and policies are adopted to address the future of the oil and
gas operations and the protection of the coastal resources on the
property.
2.2.4 -2. Depict the boundaries of deferred certification areas on the Coastal
Land Use Plan Map and other applicable LCP maps.
2.2.4 -3. The Coastal Commission shall retain permit jurisdiction in all deferred
certification areas.
2.2.5 Nonconforming Structures and Uses
As one of the older coastal communities, Newport Beach has land uses and
improvements that do not conform to the standards of the LCP or other policies and
regulations that have been adopted over the years. This section is intended to
establish policies to limit the expansion of nonconforming structures and uses to the
maximum extent feasible and to bring these structures and uses into conformity in a
timely manner, without infringing upon the constitutional rights of property owners.
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Policies:
2.2.5 -1. Legally established nonconforming structures may be maintained and
repaired, as specified by the terms of this policy. Interior alterations,
structural alterations, and additions shall be limited as follows.
Individual project review will determine when a coastal development
permit is required.
A. Nonstructural interior alterations shall not exceed 50 percent of the
replacement cost of a nonconforming structure.
B. Alteration of more than 25 percent of the structural elements of a
nonconforming structure shall be subject to discretionary review
and approval by the City.
C. Additions shall be permitted to structures that are legally
nonconforming due to reasons other than for parking, open space,
resource protection, floor area, or building bulk. Additions of more
than 25 percent of the gross floor area of a nonconforming
structure shall be subject to discretionary review and approval by
the City.
D. No alternations or additions to a nonconforming structure shall
increase the degree of the structure's nonconformity.
E. When proposed development would involve demolition or
replacement of 50 percent or more of the exterior walls of an
existing structure that is legally non - conforming due to a coastal
resource protection standard, the entire structure must be made to
conform with all current development standards and applicable
policies of the Coastal Land Use Plan.
2.2.5 -2. The enlargement or intensification of legally established
nonconforming uses shall be limited to only those uses normally
permitted by right or by the approval of a use permit, but which were
made nonconforming by additional regulations of the district in which
they are located. Such enlargement or intensification shall be subject
to discretionary review and approval by the City and shall not increase
the degree of the use's nonconformity.
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2.3 Visitor - serving and Recreational Development
Coastal Act policies related to visitor- serving and recreational development that are relevant
to Newport Beach include the following:
30213. Lower. cost ,visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided.
Developments providing public recreational opportunities are preferred.
30221. Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present
and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property
is already adequately provided for in the area. .. -
30222. *The use of private lands' suitable for visitor- serving commercial recreational facilities designed to enhance public
opportunities 'for coastal recreation shall have priority over private residential, general industrial, or general commercial
development, but not over agncu)ture or coastal-dependent industry. - -
30223. Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.
30250 (c) Visitor - serving, facilities that cannot feasibly be located in existing developed areas-shall be" located in ewstirg
isolated develognents or,atselected points of attraction . for visitors.
2.31 Commercial
Newport Beach has thirty -seven distinct
commercial areas within the coastal zone. These
areas range from small strip commercial areas to
large hotel complexes. Most of the coastal zone's
commercial development is in the City's older
business districts. These business districts were
originally developed to serve harbor - related
businesses and industries and to serve the City's
original residential areas. Over the years, portions
of these business districts have been redeveloping
to visitor - oriented retail, water - related businesses,
recreational uses, and mixed
commercialfresidential projects. The Coastal Land
Use Plan allows for the continuation of this trend,
while continuing to provide businesses that serve
the needs of residents and are essential to the
harbor operations.
Oceanfront Boardwalk near Newpon Pier
Visitor - serving and recreational activities are an important part of the character and
economy of Newport Beach. In 2003, Newport Beach had 14 hotels, motels,
timeshares, and bed & breakfast inns in the coastal zone and 18 citywide. These
facilities provide a total of 2,287 rooms in the coastal zone and 3,520 rooms citywide.
In FY 2001, Newport Beach received 7.2 million visitors (people other than those
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who reside or work here). Over 80 percent of the City's visitors are here for
purposes of leisure and the vast majority are day visitors.
Other visitor - serving and recreational
facilities located within commercial areas
include restaurants, snack bars, boat
rentals, sports equipment rentals, boat
tours of the harbor, boat launching facili-
ties, amusement and recreation facilities,
and numerous shops selling specialized
merchandise. Many of these facilities
have become tourist attractions in their
own right, such as the Balboa Pavilion,
the Fun Zone, Balboa Ferry, the entire
Marine Avenue area on Balboa Island,
and certain restaurants.
Edgewater boardwalk in Balboa Village
Most of the lands suitable for visitor - serving and recreational uses are in the
commercial areas surrounding and adjacent to the west end of Newport Harbor.
Most of the waterfront land in this area has been designated for recreational and
marine uses. Also, individual hotel and motel sites on the Balboa Peninsula, in West
Newport, and adjacent to the Upper Newport Bay and other open space areas are
designated for visitor - serving uses.
A 2002 retail commercial market analysis verifies that the City's main coastal zone
commercial areas largely serve the visitor market. In Balboa Village, Balboa Island,
McFadden Square, and Mariner's Mile, visitors (people from outside each study
area) account for the vast majority of retail sales. On Balboa Island, retail sales are
dominated by apparel stores, specialty retail stores, and restaurants, which generally
sell to tourists and other non - residents. In McFadden Square and Balboa Village,
which are adjacent to beaches, restaurants are the single most prominent retail sales
category, followed by apparel and sporting goods stores that primarily cater to
visitors.
Visitor Spending in Coastal Zone
Commercial Area Percentage of Retail
Spending By Visitors
Balboa Island 85.1%
Balboa Village 80.9%
Corona del Mar 75.8%
Lido - Cannery 48.0%
McFadden Square 86.0%
Mariner's Mile 96.6%
Source: Newport Beach General Plan Update Retail commercial
Market Analysis, December 2002.
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The lower percentage of retail spending by visitors in Lido - Cannery is due primarily
to the presence of two large grocery stores that serve West Newport, Lido Isle, and
the Balboa Peninsula and constitute over half of the retail sales. The extremely high
percentage of retail spending by visitors in Mariner's Mile is due primarily to the high
concentration of restaurants, entertainment boat operations, automobile and boat
dealers, and marine - related retail stores.
While the coastal zone commercial areas are
heavily oriented to the visitor market, some
commercial areas are also underperforming
economically. McFadden Square and Balboa
Village have sales per square foot that are below
national averages in nearly every retail category.
Many businesses have to drastically reduce their
hours of operation or close down completely
during the winter months. This often gives an
impression of economic stagnation and can
detract from the ability of the commercial district to
attract customers. Therefore, these areas should
continue to be permitted a wider range of
commercial uses in order to maintain year- around
economic viability.
While a high proportion of spending in Corona del
McFadden Square shops on the Oceanfront Mar is by visitors, many of the categories
Boardwalk represented are not necessarily visitor - oriented.
About half of the retail sales are generated by grocery stores and furniture, home
furnishings, and home improvement stores. This indicates that much of the retail
spending in Corona del Mar is from customers from neighboring communities, but
who are not necessarily coastal zone visitors. This is to be expected since the
portion of the Corona del Mar commercial area located in the coastal zone is 1,000
to 2,500 feet from the shoreline.
Policies:
2.3.1 -1. Permit visitor - serving retail and eating and drinking establishments in
all commercially designated areas.
2.3.1 -2. Continue to provide waterfront - oriented commercial uses, including
eating and drinking establishments and recreation and entertainment
establishments, as a means of providing public access to the
waterfront.
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2.3.1 -3. On land designated for visitor - serving and /or recreational uses, give
priority to visitor - serving commercial recreational facilities designed to
enhance public opportunities for coastal recreation over other
commercial uses, except for agriculture and coastal- dependent
industry.
2.3.1 -4. Protect oceanfront land designated for visitor - serving and /or
recreational uses for recreational use and development unless present
and foreseeable future demand for public or commercial recreational
activities that could be accommodated on the property is already
adequately provided for in the area.
2.3.1 -5. Protect special communities and neighborhoods which, because of
their unique characteristics, are popular visitor destination points for
recreational uses.
2.3.1 -6. Where feasible, reserve upland areas necessary to support coastal
recreational uses for such uses.
2.3.1 -7. Prohibit the following non - priority commercial uses on the ground floor
of commercial properties within the primary visitor - serving areas of
McFadden Square (PSA 3) and Balboa Village (PSA 4), and along
Marine Avenue (PSA 7):
A. Daycare
B. Residential Care
C. Building Materials and Services
D. Funeral and Internment Services
E. Laboratories
F. Health /Fitness Clubs
G. Research and Development
H. SRO Residential Hotels
I. Industry
J. Mining and Processing
K. Clubs and Lodges
L. Government Offices
M. Religious Assembly
N. Major Utilities
O. Animal Hospitals
P. Maintenance and Repair Services
Q. Offices, Business and Professional (not serving visitors)
R. Vehicle Sales
S. Vehicle Storage
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2.3.2 Open Space and Tidelands /Submerged Lands
Newport Beach's open space designated
areas in the coastal zone include beaches,
parks, golf courses, yacht clubs, and
environmentally sensitive habitat areas and
other natural resources. These areas
provide a wide range of recreational and
visitor - serving uses and facilities.
Nearly all of the oceanfront land, including
the entire Balboa Peninsula, is public beach.
In total, there are over 276 acres of public
beaches on the shoreline. There are also
approximately 415 acres of recreational and
view parks on or adjacent to the shoreline.
Rowing in the Upper Newporl Bay
Tidelands and submerged lands are State lands held in trust by the City of Newport
Beach, the County of Orange or State resource agencies. These lands are subject
to the public trust doctrine and are limited to public trust uses, such as navigation,
fisheries, commerce, public access, water- oriented recreation, open space and
environmental protection. The waters of Newport Bay and of the Pacific Ocean
adjacent to Newport Beach are used for a wide variety of recreational activities,
including boating, diving, excursions, fishing, kayaking, paddle boarding, parasailing,
rowing, sailing, surfing, swimming, and wind surfing. Development in the form of
marinas, moorings, piers, and equipment rentals provide recreational opportunities
and access to the water.
The Newport Dunes Aquatic Park is on 100 acres of State tidelands property held in
trust by the County of Orange. The park is leased to a private operator and provides
a recreational vehicle park, campgrounds, a marina, boat launching and storage
facilities, beach day use facilities, and a swimming lagoon.
Policies:
2.3.2 -1. Continue to use public beaches for public recreational uses and
prohibit uses on beaches that interfere with public access and
enjoyment of coastal resources.
2.3.2 -2. Continue to designate lands to provide visitor - serving and recreational
facilities and view parks on or adjacent to the shoreline.
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Pirate's Cove
2.3.2 -3. Cooperate with the County of Orange to continue to provide a variety
of visitor - serving and recreational uses at the Newport Dunes,
including recreational vehicle park and campground areas as a means
of providing alternative and lower cost overnight accommodations.
2.3.2 -4. Continue to administer the use of tidelands and submerged lands in a
manner consistent with the tidelands trust.
2.3.3 Lower Cost Visitor and Recreational Facilities
Camping at Newport Dunes
Newport Beach currently provides a
variety of overnight visitor
accommodations in all price ranges. In
2003, Newport Beach had 14 hotels,
motels, timeshares, and bed & breakfast
inns in the coastal zone providing 2,287
rooms. Peak summer rates ranged from
$69 to $750 per night. The Newport
Dunes provides a 406 -space
recreational vehicle park, with tent
camping permitted. In 2003, peak
summer rates ranged from $42 to $139
per night.
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A significant number of single - family
homes, condominiums, and apartments
serve as overnight visitor
accommodations. Each year, hundreds
of dwelling units in coastal zone
residential areas are rented on a
weekend, weekly or monthly basis. Most
of these dwelling units have beach or bay
front locations or are located within
walking distance to the water. Because
they typically provide additional sleeping
accommodations and fully equipped
kitchens, they provide an accommodation
option comparable to or less expensive
than staying in hotels and going out to Nest NewpoA motel
restaurants for meals. Particularly for
large families, these dwelling units provide an affordable alternative to hotels and
motels. In 2003, weekly rates are as low as $900. The City requires short-term
lodging permits for dwelling units rented for 30 days or less to insure that
overcrowding and public nuisances do not result in adverse impacts to residential
areas, coastal access, and coastal resources (see Section 2.7). In 2003, the City
issued over 800 short-term lodging permits.
The City provides approximately 360 acres of public beaches and parks in the
coastal zone, which are available free of charge. Also, the County's Upper Newport
Bay Nature Preserve and the day use facilities at the County's Newport Dunes
Aquatic Park are available free of charge. These areas offer a variety of free or
lower cost recreational opportunities and are discussed further in Section 32.
The City, County, and private organizations also provide several coastal - related
educational and interpretative facilities and programs that are either free or have a
nominal charge. These include the Muth Interpretative Center in the Upper Newport
Bay Nature Preserve, the Back Bay Science Center on Shellmaker Island, the
Newport Aquatic Center at North Star Beach, and the Newport Harbor Nautical
Museum.
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Policies:
2.3.3 -1. Protect, encourage and provide lower -cost visitor accommodations,
including campgrounds, recreational vehicle parks, hostels, and lower -
cost hotels and motels.
2.3.3 -2. Encourage new overnight visitor accommodation developments to
provide a range of rooms and room prices in order to serve all income
ranges. Consistent with Section 30213 of the Coastal Act, the City
shall in no event (1) require that overnight room rental be fixed at an
amount certain for any privately owned and operated hotel, motel, or
other similar visitor - serving facility located on either public or private
land; nor (2) establish or approve any method for the identification of
low or moderate income persons for the purpose of determining
eligibility for overnight room rentals in any such facilities.
2.3.3 -3. Identify, protect, encourage and provide lower -cost visitor - serving and
recreation facilities, including museums and interpretative centers.
2.3.3 -4. Encourage visitor - serving and recreational developments that provide
public recreational opportunities.
2.3.3 -5. Continue to provide and
protect public beaches
and parks as a means of
providing free and lower -
cost recreational
opportunities.
2.3.3 -6. Continue to issue short-
term lodging permits for
the rental of dwelling
units as a means of
providing lower -cost
overnight visitor
accommodations while
Montero Avenue Beach
continuing to prevent
conditions leading to increase demand for City services and adverse
impacts in residential areas and coastal resources.
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2.4 Coastal - dependent/related Development
Coastal Act policies related to coastal- dependent and coastal - related development that are
relevant to Newport Beach include the following:
30255. Coastal- dependent developments shall have priority over other developments on or near the shoreline. Except as
provided elsewhere in this division, coastal- dependent developments shag not be sited in a wetland. When appropriate,
coastal- related developments should be accommodaled within reasonable proximity, to the wastal- dependent uses they
support.
2.4.1 Commercial
Newport Harbor supports a wide range of coastal -
dependent and coastal - related commercial uses.
These include passenger /sightseeing boats,
passenger - fishing boats, boat rentals and sales,
recreational equipment rentals, entertainment
boats, boat/ship repair and maintenance, and
harbor maintenance facilities. These uses play an
important role in the character of the harbor and
provide the services necessary to sustain one of the
world's great small boat harbors.
Coastal-de pe n de nt1- related
Coastal-dependent refers to -a
development or use that requires a site on,
or adjacent to, the sea to be aWe to
function at all. Coastal- related refers to a
development or use that is dependent on a
coastal- dependent development or use.
Over the past 20 years, a number of
marine - related businesses and
industries in Newport Beach have
moved to inland areas. This is
reflective of a regional trend, largely
due to increased environmental
regulation in California affecting
fiberglass manufacturing processes,
as well as real estate price inflation
in coastal communities.
The Recreational and Marine
Commercial (CM) designation is the
V method of providing for the
Basin Marine Shipyard continuation of coastal- dependent
and coastal - related commercial uses
on or near the bay. The CM designation is applied to areas that have historically
provided marine - related businesses and industries and visitor - serving and
recreational areas.
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Policies:
2.4.1 -1. Give priority to coastal- dependent uses over other uses on or near the
shoreline.
2.4.1 -2. When appropriate, accommodate coastal - related developments within
reasonable proximity to the coastal- dependent uses they support.
2.4.1 -3. Design and site new development to avoid impacts to existing coastal -
dependent and coastal - related developments. When reviewing
proposals for land use changes, give full consideration to the impact
on coastal- dependent and coastal - related land uses including not only
the proposed change on the subject property, but also the potential to
limit existing coastal- dependent and coastal - related land uses on
adjacent properties.
2.4.1 -4. Maintain the Recreational and Marine Commercial designation in
areas on or near the bay to encourage a continuation of coastal -
dependent and coastal - related uses.
2.4.1 -5. Protect and encourage facilities that serve marine - related businesses
and industries unless present and foreseeable future demand for such
facilities is already adequately provided for in the area. Encourage
coastal- dependent industrial facilities to locate or expand within
existing sites and allowed reasonable long -term growth.
2.4.2 Public Facilities
Kerckhoff Marine Laboratory in Corona del Mar
Lands designated for public facilities that are on
or adjacent to the shoreline are primarily used for
public parking, public safety facilities, and
educational facilities. These include coastal -
dependent/related institutional uses, such as the
Orange Coast College David A. Grant Collegiate
Rowing Center, the Sea Scout Base, and the
Kerckhoff Marine Laboratory.
Policy 2.4.2 -1. Continue to designate lands for coastal- depen den thelated
educational and recreational uses.
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2.5 Tidelands and Submerged Lands
Coastal Act policies related to tidelands and submerged lands that are relevant to Newport
Beach include the following:
30213. Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided_
Developments providing public recreational opportunities are preferred.
30221. oceanfront land suitable for recreational use shall be protected for recreational use and development unless present
and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property
is already adequately provided for in the area
30223. Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible
2.5.1 The Tidelands Trust
Tidelands and submerged lands are
subject to a public trust that, among
other things, limits their use to
navigation, fishing, commerce, public
access, water- oriented recreation,
open space and environmental
protection. Tidelands and submerged
lands within the corporate limits of
Newport Beach are, with very limited
exceptions, owned by the State. The
vast majority of tidelands and
submerged lands in Newport Beach
have been granted to the City or the
County of Orange to administer in a
Balboa Yacht Basin manner consistent with the public
trust limitations relative to use of the property and revenue derived from that use.
The tideland boundary in Newport Harbor has been, for virtually all of the properties,
established by court judgments stemming from a series of lawsuits filed in the 1920's
and 1930's. Newport Beach tidelands also include large portions of the City's ocean
beaches and land covered by the Pacific Ocean from the shoreline three miles out to
sea and between the Santa Ana River and the east end of the Cameo Shores tract.
2.5.2 Tidelands Leases
Chapter 494 of the Statutes of 1919 granted to the City of Newport Beach all
tidelands and submerged lands that were within its corporate limits at that time.
Additional tidelands were granted by Chapter 70 of the Statutes of 1927. These
tidelands and submerged lands consist primarily of the land bayward of the bulkhead
and portions of bay beaches in the Lower Bay. The Beacon Bay Bill (Chapter 74,
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Statutes of 1978) regranted to the City of Newport Beach all tidelands and
submerged lands that were within its corporate limits on July 25, 1919. The Beacon
Bay Bill established limitations on the use of tidelands and submerged lands to those
in which there is a general statewide purpose, including the establishment,
improvement and conduct of a public harbor, recreational facilities open to the public,
and the preservation and enhancement of the lands in their natural state. The
Beacon Bay Bill also modified some of the public trust restrictions on certain
properties, such as portions of Beacon Bay and the Balboa Bay Club, subject to a
requirement that revenue generated by these properties be used for public trust
purposes.
Beacon Bay
Beacon Bay refers to an area located
between Promontory Bay and the i`$3
Balboa Island Channel. This area
was tidelands that were filled and k �1
reclaimed in the 1920s as the result
of an improvement plan, which
included the development of a harbor
facility that would become the Balboa
Yacht Basin. Chapter 200 of the
Statutes of 1931 allowed the area
west of the Balboa Yacht Basin
(designated as Beacon Bay) to be
leased for residential purposes. A °
72 -unit residential subdivision was
developed in the 1930s, which Publicbeachal Beacon Bay
included 35 homes located on approximately 4 acres of State tidelands
As indicated above, the Beacon Bay Bill released the residential lots of Beacon Bay
located within State tidelands from the public trust land use limitations and allows
existing leases to continue. These leases are limited to terms not to exceed 50
years and lease revenues have to be deposited into tidelands trust funds. Senate
Bill 573 (Chapter 317, Statutes of 1997) revised the Beacon Bay Bill to require the
residential lease revenue be deposited into specific tidelands trust funds. The current
lease runs to June 27, 2043.
In Fiscal Year 2002 -03, the City of Newport Beach received over $729,000 in lease
revenues from Beacon Bay, which were deposited in tidelands trust funds and State
Lands Commission Land Bank Fund.
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Balboa Bay Club
The Balboa Bay Club and Resort is on
approximately 12.6 acres of State
tidelands held in trust by the City of
Newport Beach and leased to the
Balboa Bay Club, Inc. The property is
located on the south side of the 1200
block of West Coast Highway and was
filled and reclaimed in the 1920s as
part of a public project to develop the
Lower Bay as a harbor. The property
is currently developed with a 132 -
room resort hotel, restaurant, spa,
private club facilities, and 144 -unit
Bayfront walkway at the Balboa Bay Club and Resort apartment complex. The State Lands
Commission has determined that the
use of tidelands for private residential purposes is in conflict with the public trust
limitations on use. This conflict was first addressed in the Beacon Bay Bill (Chapter
74 of the Statutes of 1978) and later in Assembly Bill 3139 (Chapter 728, Statutes of
1994). AB 3139 recognized that the lease of the apartment complex (identified as
Parcel D) for residential purposes provides fiscal and economic benefits to the public
trust and a means of improving public access. Under the provisions of AB 3139,
lease revenues are placed in tidelands trust funds to provide facilities and services
that directly support public use of tidelands and submerged lands. Income from the
apartments provides an income stream that allowed the lessee to finance the
redevelopment of the club to transition it from a private membership facility to visitor -
serving commercial land uses. AB 3139 therefore allows Parcel D to be leased for
residential purposes until no later than December 31, 2044.
In Fiscal Year 2002 -03, the City of Newport Beach received over $1,870,000 in lease
revenues from Parcel D, which were deposited in tidelands trust funds and State
Lands Commission Land Bank Fund. The redevelopment of the Balboa Bay Club
was completed in 2003 and provides public access to the hotel, restaurant, spa, the
main parking lot, and a public walkway to and along the bulkhead.
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Harbor Island
Developed in 1926, Harbor Island is a 35 -lot single - family community on a private
island located between Linda Isle and Collins Island. Portions of tidelands
surrounding Harbor Island have been filled or reclaimed and are no longer
submerged or below the mean high tide line. Harbor Island residents have
improved these lands with landscaping and other improvements. The State,
through the adoption of Chapter 715, Statutes of 1984, found that these lands are
generally inaccessible to the public and, in their present condition, are not suitable
for public trust uses. Both the County of Orange (most of the subject lands are
County tidelands) and City of Newport Beach are authorized to allow the Harbor
Island tidelands to be used for non - permanent recreational and landscaping uses.
These leases are limited to terms of 49 years or less and lease revenues have to be
deposited into tidelands trust funds.
Policies:
2.5.2 -1. Administer the use of tidelands and submerged lands in a manner
consistent with the tidelands trust and all applicable laws, including
Chapter 70 of the Statutes of 1927, the Beacon Bay Bill (Chapter 74,
Statutes of 1978), SB 573 (Chapter 317, Statutes of 1997), AB 3139
(Chapter 728, Statutes of 1994), and Chapter 715, Statutes of 1984
and the Coastal Act.
2.5.2 -2. Promote the public's right of access to the ocean, beach, and bay and
to the provision of coastal- dependent uses adjacent to the water in the
leasing or re- leasing of publicly owned land.
2.5.2 -3. Evaluate and ensure the consistency of the proposed use with the
public trust restrictions and the public interest at the time any tideland
lease is re- negotiated or renewed.
2.5.2 -4. Negotiate or renegotiate tidelands leases at the fair market value
based on the uses authorized in the lease and use the funds as
required by law or the public trust.
2.5.2 -5. Require public access in a manner consistent with the policies of the
Coastal Act and this LCP when the City issues new leases of public
land, or renew existing leases. This requirement shall be understood
to apply to all other public leaseholds in the coastal zone, including
beaches leased to the Lido Isle Association.
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2.6 Industrial Development
Coastal Act policies related to industrial development that are relevant to Newport Beach
include the following:
30250 (b) Where feasible, new hazardous industrial development shall be located away from existing developed areas.
30260. Coastal- dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be
permitted reasonable long -term growth where consistent with this division. However, where new or expanded coastal -
dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may
nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (1) alternative locations are
infeasible or more environmentally damaging; (2) to do otherwise would adversely affect the public welfare; and (3)
adverse environmental effects are mitigated to the maximum extent feasible.
30262. Oil and gas development shall be permitted in accordance with Section 30260,...
None of the City's industrial areas are
located within the coastal zone. However,
portions of Cannery Village (SP -3) are
designated for a mixture of general
commercial and light industrial uses to
encourage marine - related business.
When Newport Beach adopted its charter
in 1954, oil and gas exploration, drilling, " >;;
production, and refining was banned in the
City. However, one oil field operation
existed prior to the ban. The Newport Oil
Field is located in the western portion of Comme cial and light industrial uses in Cannery Village
Newport Beach. The field was divided into two areas known as the Cagney and
Beach areas. The Beach Area discovery well was drilled in 1922 and discovery well
in the Cagney Area was drilled in 1947. The Beach Area has been abandoned, but
there were still 3 gas - producing wells in the Cagney Area.
Oil and gas operations are also conducted throughout the County portion of the
Banning Ranch property (West Newport Oil Field) pursuant to California Coastal
Commission Exemption E -144. Banning Ranch is a deferred certification area due
to unresolved issues relating to land use, the future of the oil and gas operations, and
the protection of the coastal resources on the property (see Section 2.2.4).
The City of Newport Beach and other coastal communities in Southern California
have long opposed the federal government's offshore oil leasing programs. Newport
Beach residents and visitors rely heavily on the bay and oceanfront beaches for
recreation, and much of the City's economy is based upon its natural resources.
Development of offshore tracts creates visual impacts and poses the threat of
significant oil spills and resulting environmental damage.
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Policies:
2.6 -1. In the areas designated for
industrial land uses, give
priority to coastal- dependent
and coastal - related industrial
uses over other industrial
uses on or near the
shoreline.
2.6 -2. Continue to monitor the
federal government's
offshore oil leasing programs
to insure the City and its
citizens are fully aware of all
proposed offshore activities,
which could adversely affect
the coastal environment,
including participation in the
other similar programs.
West Newport Oil Field operations
Local Government Coordination Program or
2.6 -3. Oppose and lobby against proposed lease sales off the coast of Orange
County and elsewhere in the Southern California region, which could
adversely affect the environment or the economy of the City of Newport
Beach.
2.6 -4. Assist jurisdictions in other areas of the state that are opposed to offshore
lease sale programs in their vicinity.
2.6 -5. Where feasible, locate new hazardous industrial development away from
existing developed areas.
2.6 -6. Encourage coastal- dependent industrial facilities to locate or expand within
existing sites and permit reasonable long -term growth where consistent with
the Coastal Land Use Plan.
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2.7 Residential Development
Coastal Act policies related to residential development that are relevant to Newport Beach
include the following:
30007.. Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with
respect to providing low -and moderate- income housing, replacement housing, rdocatlon benefits, a any other. obligation
related to housing imposed by existing law or any law hereafter enacted.
30222. The use of private lands suitable for visitor- serving commercial recreational facilities designed to enhance public
opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial
development, but not over agriculture or coastal-dependent industry.
Newport Beach has a wide variety of residential development types in the coastal
zone, ranging from low- density single - family detached subdivisions to high- density
high -rise condominiums. Most of the residential areas in the coastal zone were
originally subdivided in the early 20th Century, with many developments marketed as
vacation home sites. This established the grid system of small lots and narrow
streets and alleys that still exists today. These subdivision characteristics and the
development of two- family and multi - family development have resulted in relatively
high residential densities in Newport Beach's coastal neighborhoods.
Coastal zone residential areas are almost completely built out, with the exception of
the Banning Ranch area (see Section 2.2.4). Most residential building activity
consists of remodeling and /or the total reconstruction of existing dwelling units.
Newport Beach's proximity to major employment markets and its desirable coastal
setting have led to steadily increasing land costs. In 2001, Newport Beach was one
of the ten California communities with the highest median home prices. This high
market demand is manifest in a number of development issues facing the City,
including development on odd- shaped or physically constrained properties, trends
towards larger dwelling units, and proposals to allow residential development in
commercial areas.
Hundreds of dwelling units in coastal zone residential areas are rented for 30 days or
less. The vast majority of these rentals occur during the summer when the demand
for parking and City services is greatest. Overcrowding and public nuisances
associated with these short-term rentals have resulted in adverse impacts to
residential areas, coastal access, and coastal resources. Since 1992, the City has
required short-term lodging permits to assist in controlling overcrowding and unruly
behavior. Short-term lodging permits require the owner of the short-term rental to
agree to limit overnight occupancy of the unit to a specific number of occupants not
exceeding that permitted by the Building Code. Short-term rental owners are also
required to use best efforts to insure that the occupants and guests are law abiding,
do not create unreasonable noise or disturbances, or engage in disorderly conduct.
Short-term rental owners are also required to use best efforts to insure compliance
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with all health and sanitation regulations.
Policies:
2.7 -1. Continue to maintain appropriate setbacks and density, floor area, and height
limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
2.7 -2. Continue the administration of provisions of State law relative to the
demolition, conversion and construction of low and moderate - income dwelling
units within the coastal zone.
2.7 -3. Continue to authorize short-term rental of dwelling units pursuant to permits
and standard conditions that ensure the rentals will not interfere with public
access and enjoyment of coastal resources.
2.7 -4. Continue to require Report of Residential Building Records inspections prior
to the sale of residential properties to reduce and prevent violations of building
and zoning codes by providing prospective owners of residential property with
information as to permitted and illegal uses and construction.
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2.8 Hazards and Protective Devices
Coastal Act policies related to hazards and protective devices that are relevant to Newport
Beach include the following:
30235. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters
natural shoreline processes small be permitted when required to serve coastaWependeid uses or to protect existing structures
or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand
supply. Existing marine structures causing water stagnation contributing to pollution problems and fishkills should be phased
out or upgraded where feasible.
30253. New development shall: .
(1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard.
(2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the constriction of protective devices that would substantially
alter natural landforms along bluffs and cliffs. -
(3):Be consistent with requirements unposed by an air pollutiori control district or the State Air Resources Control Board as to .
each particular development.
(4) Minimize energy consumption and vehicle miles traveled.
(5) Where appropriate, protect,speGial:communities and neighborhoods which; because of their unique characteristics; are
popular visitor destination points for recreational uses.
30230: Channelizations, dams; or other substantial alterations of rivers and'..strearris shall incorporate the best mitigation
measures feasible, and be limited.to (1) necessary water supply projects;. (2) flood control projects where no other method
for protecting existing structures in the flood pladn.is feasible artd where su6ii`protectioq is necessfor pubfc sety or to ry
protect existing development; or (3)' developments where )fie primary functiorrris the improvement of fish and wildlife
habitat. .
2.8.1 General
Newport Beach is susceptible to hazards, including, storm surges, beach and bluff
erosion, landslides and slope failure, and wildland fires. Newport Beach is also
susceptible to low- probability but high -risk events like earthquakes and tsunamis. It
is the mandate of the Coastal Act to reduce potential risks to life and property and to
avoid substantial alteration of natural landforms. In reviewing coastal development
permits, the emphasis needs to be placed on siting and designing new development
to avoid hazardous areas rather than relying on protective devices.
Policies:
2.8.1 -1. Review all applications for new development to determine potential
threats from coastal and other hazards.
2.8.1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
2.8.1 -3. Design land divisions, including lot line adjustments, to avoid
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hazardous areas and minimize risks to life and property from coastal
and other hazards.
2.8.1 -4. Require new development to assure stability and structural integrity,
and neither create nor contribute significantly to erosion, geologic
instability, or destruction of the site or surrounding area or in any way
require the construction of protective devices that would substantially
alter natural landforms along bluffs and cliffs.
2.8.2 Tsunamis and Rogue Waves
Tsunamis
A tsunami is a sea wave caused by any large -scale disturbance of the ocean floor
that occurs in a short period of time and causes a sudden displacement of water.
Tsunamis can travel across the entire Pacific Ocean basin, or they can be local.
Large -scale tsunamis are not single waves, but rather a long train of waves. The
most frequent causes of tsunamis are shallow underwater earthquakes and
submarine landslides; however, underwater volcanic explosions, oceanic meteor
impacts, and even underwater nuclear explosions can also cause tsunamis. The
highest elevation that the water reaches as it runs up on the land is referred to as
wave runup, uprush, or inundation height. Inundation refers to the horizontal
distance that a tsunami wave penetrates inland.
The historical tsunami record for California suggests that the tsunami hazard in the
Southern California region, from the Palos Verdes Peninsula south to San Diego, is
moderate. However, the Southern California historical record is very short and it is
possible that Southern California has been impacted by tsunamis for which there is
no record. More significantly, there are several active faults immediately offshore of
the Southern California area, and any of these could generate a future earthquake
that could have a tsunami associated with it. Finally, several submarine landslides
and landslide - susceptible areas have been mapped offshore, within 3.5 to 14 km (2.2
8.7 mi) to of the coastline. For the Orange County coastline particularly, near -shore
tsunamis should be considered worst -case scenarios, as these have the potential to
cause high runups that would impact the coastline with almost no warning.
The Channel Islands and Point Arguello protect Newport Beach from most distantly
generated tsunamis (teletsunamis) spawned in the Pacific Ocean, except for those
generated in the Aleutian Islands, off the coast of Chile, and possibly off the coast of
Central America. Nevertheless, since the early 1800's, more than 30 tsunamis have
been recorded in Southern California, and at least six of these caused damage in the
area, although not necessarily in Newport Beach. Tsunamis generated in the
Alaskan region take approximately 6 hours to make it to the Southern California
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area, while tsunamis generated off the Chilean coast take 12 to 15 hours to reach
Southern California. Given those time frames, coastal communities in Southern
California can receive adequate warning, allowing them to implement evacuation
procedures. Alternatively, very little warning time, if any, can be expected from
locally generated tsunamis. Locally generated tsunamis caused by offshore faulting
or landsliding (including earthquake- induced landsliding) immediately offshore from
Newport Beach are possible, and these tsunamis have the potential to be worst -case
scenarios for the coastal communities in Orange County. Modeling off the Santa
Barbara coast suggests that locally generated tsunamis can cause waves between 2
and 20 m (6 to 60 feet) high, and that these could impact the coastline with almost no
warning, within minutes of the causative earthquake or slump.
The tsunami inundation maps were prepared based on several sea water levels
scenarios for 100- and 500 -year tsunamis. The findings are summarized below:
Tsunami Inundation at Mean Sea Level. In this scenario, Newport Bay and most of
the harbor would be inundated with the potential to damage small vessels and docks.
Some of the properties adjacent to the Bay would also be impacted, especially the
northwestern section of Balboa Island, which is predicted to be inundated. The water
level in Upper Newport Bay is anticipated to rise some but the data available are
insufficient to quantify the hazard in this area.
Tsunami Inundation at Mean High Water. In this scenario, Most of the harbor area,
including the inland, developed portion of the Balboa Peninsula, Balboa Island, and
Upper Newport Bay could be inundated during such an event. Near -shore sections
of Lido Isle and Linda Isle would also be impacted, and Lido Isle would be cut off
from the mainland due to flooding along Newport Boulevard and 32 "' Street. This
scenario is expected to cause considerable damage to homes in the low -lying areas
and to all moored boats.
Tsunami Inundation at Extreme High Tide. In this scenario, a significant portion of
Newport Harbor and the low -lying areas south of Coast Highway would be inundated
by both the 100- and 500 -year wave runups. The 100 -year event shows that except
for a small sliver of Lido Isle, the entire Newport Bay area would flood. Flooding is
also anticipated in the area where Newport Dunes Resort is located. In the 500 -year
event, all of Lido Isle is expected to flood. The probability of a tsunami occurring
during extreme high tide is highly improbable and represents the worst -case
scenario. However, these tsunami runups are possible if a tsunami occurs
immediately offshore of Newport Beach, whether as a result of faulting or landsliding.
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Roque Waves
Rogue waves are very high waves, as much as tens of meters high, but compared to
tsunamis, they are very short from one crest to the next, typically less than 2 km
(1.25 mi) long. Rogue waves arise unexpectedly in the open ocean and their
generating mechanism is a source of controversy and active research. Some
theories on rogue wave formation include:
• Strong currents that interact with existing swells making the swells much
higher;
• A statistical aberration that occurs when a number of waves just happen to be
in the same place at the same time, combining to make one big wave;
• The result of a storm in the ocean where the wind causes the water surface to
be rough and choppy, creating very large waves.
Rogue waves are unpredictable and therefore making planning nearly impossible.
Nevertheless, some high waves that have historically impacted the Orange County
coastline may be best explained as rogue waves. If this is the case, rogue waves
have the potential to impact the Newport Beach area in the future.
Policies:
2.8.2 -1. Review local and distant tsunami inundation maps for Newport Beach
and adjacent coastal communities as they are developed to identify
susceptible areas and plan evacuation routes.
2.8.2 -2. Periodically review and update tsunami preparation and response
policies /practices to reflect current inundation maps and design
standards.
2.8.2 -3. Participate in any regional effort to develop and implement workable
response plans that the City's emergency services can adopt
immediately for evacuation in the case of a tsunami warning.
2.8.2 -4. Prepare and deploy a system of tsunami detection and early warning
systems.
2.8.2 -5. Include tsunami evacuation route information as part of any overall
evacuation route sign program implemented in the City. Evacuation
routes off of the peninsula and islands in the Bay should be clearly
posted. An evacuation route traffic monitoring system that provides
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real -time information on the traffic flow at critical roadways should be
considered.
2.8.2 -6. Continue projects like the Surfside- Sunset/West Newport Beach
Replenishment program to maintain beach width. Wide beaches
provide critical protection against tsunami runup for structures along
the oceanfront.
2.8.2 -7. Develop and implement a tsunami educational program for residents,
visitors, and people who work in the susceptible areas.
2.8.2 -8. Require overnight visitor - serving facilities in susceptible areas to
provide tsunami information and evacuation plans.
2.8.2 -9. Encourage the Newport-Mesa School District to include in their
earthquake - preparedness curriculum information specifically related to
the natural hazards that Newport Beach's citizens could face, and what
to do about them.
2.8.2 -10. Support tsunami research in the Newport Beach offshore and Newport
Bay areas.
2.8.3 Storm Surges and Seiches
Two common coastal flooding processes include storm surges and seiches.
Storm Surges
A storm surge is an abnormal rise in
sea water level associated with
hurricanes and other storms at sea.
Surges result from strong on -shore
winds and/or intense low- pressure
cells associated with ocean storms.
Water level is controlled by wind,
atmospheric pressure, existing
astronomical tide, waves and swell,
local coastal topography and
bathymetry, and the storm's proximity
to the coast.
Most often, destruction by storm
surge Is attributable to: Storm berm al The Wedge
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• Wave impact and the physical shock on objects associated with the passing
of the wave front. The water may lift and carry objects to different locations.
• Direct impact of waves on fixed structures. This tends to cause most of the
damage.
• Indirect impacts, such as flooding and the undermining of major infrastructure
(such as highways and railroads).
Storm surges affect primarily ocean front property, and the low -lying areas of
Newport Bay just inland from the jetties. Newport Bay is less affected by storm
surge. Unlike tsunamis, which can occur anytime, storm surges are associated
with bad weather. Given that during bad weather fewer people are expected to be
at the beach, storm surges are more likely to impact residents than tourists, and
the potential number of casualties can be expected to be significantly less.
The most common problem associated
with storm surges is flooding of low -lying
areas, including structures. Coastal
flooding in Newport Beach occurred in the
past when major storms, many of these
...., ENSO (El Nino Southern Oscillation)
E events, impacted the area. This is often
1 a j, compounded by intense rainfall and
t 4 strong winds. If a storm surge occurs
during high tide, the flooded area can be
significant. In the Southern California
area, including Newport Beach, localized
Balboa Peninsula houses destroyed by stone surge from the flooding and accelerated rates of coastal
1939 tropical storm erosion have occurred when storms are
combined with high tides. This occurred during the 1977 -1978 storms, when the
combination of high waves, local storm surges and high tides damaged several
coastal structures in southern California. During the storms in 1988, the high water
extended to the first row of houses behind the groin field at Newport Beach causing
minor flood damage to these structures. Storm surging associated with a tropical
storm has been reported only once in the history of Newport Beach, in 1939. This
suggests that the hazard of cyclone- induced storm surges has a low probability of
occurrence. Nevertheless, the one incident in 1939 caused millions of dollars in
damage to Newport Beach.
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Seiches
A seiche is defined as a standing wave oscillation in an enclosed or semi - enclosed,
shallow to moderately shallow water body or basin, such as lake, reservoir, bay or
harbor. Seiches continue (in a pendulum fashion) after the cessation of the
originating force, which can be tidal action, wind action, or a seismic event. Seiches
are often described by the period of the waves (how quickly the waves repeat
themselves), since the period will often determine whether or not adjoining structures
will be damaged. The period of a seiche varies depending on the dimensions of the
basin. Whether an earthquake will create seiches depends upon a number of
earthquake - specific parameters, including the earthquake location (a distant
earthquake is more likely to generate a seiche than a local earthquake), the style of
fault rupture (e.g., dip -slip or strike - slip), and on the configuration (length, width and
depth) of the basin.
Amplitudes of seiche waves associated with earthquake ground motion are typically
less than 05 m (1.6 feet high), although some have exceeded 2 m (6.6 ft). A seiche
in Hebgen Reservoir, caused by an earthquake in 1959 near Yellowstone National
Park, repeatedly overtopped the dam, causing considerable damage to the dam and
its spillway. The 1964 Alaska earthquake produced seiche waves 0.3 m (1 ft) high in
the Grand Coulee Dam reservoir, and seiches of similar magnitude in fourteen
bodies of water in the state of Washington.
Upper Newport Bay, the harbor and some of the reservoirs in Newport Beach could
be susceptible to seiches. However, there is no record of seiches impacting the area
after both local and distant earthquakes. Wind - generated seiches in Newport Bay
also have not been reported. Due to the small surface area of Newport Bay and
Upper Newport Bay, the probability that damaging seiches would develop in these
bodies of water is considered low and are not considered a significant hazard in
Newport Beach. If a seiche developed in Newport Bay, the waves are expected to
be low, impacting primarily moored boats.
Policies
2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to
wave action to assess the potential for flooding or damage from
waves, storm surge, or seiches, through a wave uprush and impact
reports prepared by a licensed civil engineer with expertise in coastal
processes. The conditions that shall be considered in a wave uprush
study are: a seasonally eroded beach combined with long -term (75
years) erosion; high tide conditions, combined with long -term (75
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year) projections for sea level rise; storm waves from a 100 -year
event or a storm that compares to the 1982/83 El Nino event.
2.8.3 -2. Prepare and periodically update (every 5 years) comprehensive
wave uprush and impact reports for shoreline and coastal bluff areas
subject to wave action that will be made available to applicants for
new development on a beach or coastal bluff property for use in
fulfilling the requirement of Policy 2.8.3 -1 above.
2.8.3 -3. Develop and implement shoreline management plans for shoreline
areas subject to wave hazards and erosion. Shoreline management
plans should provide for the protection of existing development,
public improvements, coastal access, public opportunities for coastal
recreation, and coastal resources. Plans must evaluate the
feasibility of hazard avoidance, restoration of the sand supply, beach
nourishment and planned retreat.
2.8.3 -4. Continue to utilize temporary sand dunes in shoreline areas to
protect buildings and infrastructure from wave uprush, while
minimizing significant impacts to coastal access and resources.
2.8.3 -5. Encourage the use of sand dunes with native vegetation as a
protective device in beach areas.
2.8.3 -6. Encourage the use of non - structural methods, such as dune
restoration and sand nourishment, as alternatives to shoreline
protective structures.
2.8.4 Hurricanes and Tropical Storms
Most hurricanes that affect the southern California region are generated in the
southern portion of the Gulf of California. Though no hurricane - strength storms have
reportedly hit the Los Angeles basin area in modern times, damage from wave swell
and weather related to hurricanes that develop in the Baja California area has been
reported throughout southern California. Swells caused by offshore storms and
hurricanes in Baja California can cause localized flooding and erosion of the
southern California coastline. Only one tropical- strength storm has ever been
recorded as actually hitting California. Near the end of September 1939, a tropical
storm with sustained winds of 80.5 km /hr (50 mi /hr) came ashore at Long Beach.
The storm generated five inches of rain in the Los Angeles basin on September 25'h,
and between 15 and 30.5 cm (6 and 12 inches) of rain in the surrounding mountains.
In Newport Beach, this storm produced 30 -foot high waves (as high as a three -story
building) that tore away half of Newport Pier and destroyed most of Balboa Pier,
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damaged portions of the jetties, several homes and small vessels, and caused
numerous drownings. Other less severe but still significant storms that impacted the
southern California coastline occurred during 1927, 1938 -1939, 1941, 1969, 1977-
1978, 1983, 1988 and even more recently in 1995, and 1997 -1998. Many of these
wet winters have been associated with ENSO (El Nino Southern Oscillation) events.
The main hazards associated with
tropical cyclones, and especially
hurricanes, are storm surge, high winds,
heavy rain, flooding, and tornadoes.
The greatest potential for loss of life
related to a hurricane for coastal
communities is from the storm surge,
which if combined with normal tides can
increase the mean water level by 4.6 m
(15 ft) or more. Waves that high would
breach or extend over the Balboa
Peninsula and impact all development
adjacent to the coastline, including areas
along Corona del Mar.
Hal(the Newport Pier was destroyed by heavy surf From the
1939 tropical storm
2.8.5 Sea Level Rise
The level of the oceans has always fluctuated with changes in global temperatures.
The last ice age ended approximately eighteen thousand years ago, and since then
the world has been experiencing global warming - most of the ice caps have melted,
most of the glaciers have retreated, and the sea level has risen. Until about 5,000
years ago, sea level rose rapidly at an average rate of nearly 0.4 in (1 cm) a year.
Since then, sea levels have continued to rise but at a slower pace. We are currently
in an interglacial period, meaning "between glacial' periods, and as a result, sea
levels are relatively high. However, during the last major interglacial period
(approximately 100,000 years ago), temperatures were about 1°C (2 °F) warmer than
today and sea level was approximately 6 meters (20 feet) higher than today.
Global sea level trends, therefore, have generally been estimated by combining the
trends at tidal stations around the world. These records suggest that during the last
century, worldwide sea level has risen 10 to 25 cm (4 to 10 inches), much of which
has been attributed to global warming. Although sea level rise by itself does not
cause substantial changes in the landform, several processes associated with sea
level rise can have dramatic effects on our environment. For example, a significant
rise in sea level would inundate coastal wetlands and lowlands, and the increased
surges and swells associated with this rise in sea level would accelerate coastal
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erosion and exacerbate coastal flooding, thereby threatening local structures and
habitat. Other related processes include higher water tables, increased sea -water
intrusion into fresh water aquifers, and increased salinity of rivers, bays, and
aquifers. The warmer climate may also result in a much higher probability of
extremely warm years with increased precipitation in some areas, and drought in
other areas. It is clear that global changes in climate will occur, but the local impacts
are still being debated. In fact, recent studies have moved away from the global
doomsday predictions to predictions at the local scale. Much work yet needs to be
done in this area.
Previous studies suggest that a 1 m (39 in) rise in sea level would generally cause
beaches to erode 200 to 400 m (650 to 1,300 ft) along the California coast. Given
that the width of the beaches in Newport Beach varies between 15 and 190 m (50
and 600 ft), a sea level rise of as little as 15 cm (6 in) could have a negative impact
on the low lying areas around Newport Bay that are not protected by bulkheads and
seawalls. Sea level rise would also cause increased sea -cliff retreat in the southern
portion of the City where the beaches are narrow, and the surf pounds at the base of
the bluffs, eroding away the soft bedrock that forms the cliffs.
The record of sea level rise in the last century is poorly constrained in this region,
however. Gauge records up and down the Pacific Coast show substantial variations
in relative sea level rise. Based on the historical records from the two gauges closest
to Newport Beach, in Los Angeles and San Diego, a 15 -cm rise in sea level in the
Newport Beach area may take anywhere between 70 and 180 years, assuming that
global warming does not accelerate in the next few decades. These estimates are
too poorly constrained to engender policy changes and development of appropriate
mitigation strategies. However, sea level rise would lead to the permanent
inundation of low -lying areas, with potentially significant changes in land use, so it is
not too soon to develop longer -term strategies that can be implemented to cope with
these changes.
2.8.6 Coastal Erosion
Beach Erosion
Both natural processes and humans have modified the Newport Beach coastline
extensively for over the past 180 years. The Balboa Peninsula did not begin to form
until 1825. The wide sandy beaches that we associate with West Newport Beach
are actually the result of shoreline stabilization programs that began as early as the
1920's, and beach sand nourishment programs that began in earnest in the 1960's.
The "natural" beaches that characterized the southern California coastline prior to
significant anthropogenic intervention were narrow strips of dry beaches on a sand-
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starved coast. These beaches would be unable to support the present -day demands
for coastal access and recreation.
In an undeveloped area, the availability of sand to replenish the beaches is
dependent on floodwaters that bring sediment down from the mountains and into the
littoral drift zone offshore. However, with the increase in dams and other flood
control structures upstream, significantly less quantities of sediment reach the coast.
Therefore, the sediments lost by natural near -shore processes are not being
replaced. This is certainly the case in southern California, where most of the major
streams have been dammed, or are lined in concrete, significantly reducing their
sediment load. In the Newport Beach area, sand was historically delivered to the
local beaches by the San Gabriel and Santa Ana Rivers, and to a limited extent, as a
result of coastal bluff erosion. With the construction of dams and channelization of
portions of the Santa Ana and San Gabriel Rivers, there was a substantial reduction
in the volume of sediment reaching the coastline. Construction of harbors, jetties,
and other coastal barriers further reduced the amount of sand moved by along -shore
currents.
Beach sands occur from south of the
Santa Ana River to the north
entrance to Newport channel. Some
of these deposits support dune
vegetation, especially the sands
forming the Balboa and Newport
beaches. When the dune vegetation
is well established, erosion of these
sediments is minimal. However, foot
or vehicular traffic and the burrowing
action of rodents can easily
compromise the health of this
vegetation cover, exposing the near-
surface sediments to erosion. Sand
is easily transported during storms Beach erosion in West Newport in the late I %Ors
and can erode quickly if up -drift sand
sources are cut off.
The narrow beaches south of the channel entrance are especially vulnerable to high
waves caused by tsunamis or storm surge. Beach erosion may be a problem south
of the channel entrance due to the impedance of sediment redistribution via
longshore flow by seawalls and rocky bluffs to the north. The area north of the jetties
is also vulnerable to inundation due to low beach relief and erosion of coastal dunes
(see Section 4.1 .4 for dune habitat protection).
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Bluff Erosion
South of the channel entrance to
Newport Bay, to the south of the
beach nourishment project area, the
coastline is defined by steep coastal
bluffs with a narrow basal wavecut
platform that is covered by a thin
veneer of beach sand. The bluffs
form steep cliffs, especially at points.
The Newport Beach coastal bluffs
consist of siliceous marine shales,
marine sandstone, and siltstone of
the Monterey Formation. The
sandstone beds are resistant and cliff
forming, while the siltstone beds are
less resistant and form steep talus -
covered slopes.
Erosion of coastal bluffs due to increased water application
The bedrock of the Monterey Formation is folded, and dips primarily to the east,
away from the bluff face. Overlying the Monterey Formation are Pleistocene marine
terrace deposits. These deposits are massive to crudely bedded, consist of medium
to coarse sand with a trace of pebble -sized gravel, and are friable and locally loose.
A resistant shell bed marks the base of the terrace deposits.
At the base of the bluffs is a mantle of colluvium. It consists of angular, pebble- to
boulder -size clasts of sandstone and siltstone. In some areas, this colluvial cover
buries the bluffs almost to the top, and in some areas, the material is reworked and
forms a low terrace with weak soil development. The colluvium is heavily vegetated
and appears to protect the base of the cliffs against normal wave action.
The elevated 100,000 -year old marine terrace deposits are prone to landslides along
steep cuts (such as those along Coast Highway) and are susceptible to significant
erosion by stream incision, including filling and gullying along bluff tops. Several
streams are cutting through the coastal bluffs, forming steep narrow gorges and
undermining the bluffs where they emerge along the coastline. The cap of marine
terrace deposits overlying bedrock of the Monterey Formation is heavily rilled along
stream cuts and along the face of the bluffs; so it is retreating faster than the
underlying bedrock.
The shaley and silty parts of the Monterey Formation is very fissile and fractured.
Sliding and slumping of this unit appears to be the primary mechanism for current
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bluff retreat, with these processes occurring primarily along slopes that have been
oversteepened by wave action (along rocky bluffs) or stream incisions.
The more sandy parts of the Monterey Formation is the most resistant bluff- forming
unit in the area. This geologic unit is prone to landsliding or mass wasting where
undercut by wave action, especially at rocky bluffs or points, failing primarily as large
blocks.
A concern with urbanization of the bluff areas is that the bluff- forming materials
become saturated when shallow ground water rises in response to the increased
watering of lawns, generally in an attempt to grow non - native vegetation. Agricultural
irrigation, septic tanks and leach lines also contribute to the increased water content
of these deposits. This over - watering increases the weight of the sediments,
lubricates any joints or fractures that can act as planes of weakness, and increases
the chemical dissolution of the underling rocks. All of these processes can contribute
to slope instability along the bluffs.
Artificial Coastal Protection
The use of artificial coastal protection
structures was favored 30 to 50 years
ago, when the groin field in West
Newport was constructed. Other
structures intended to protect the
coast, such as concrete and wooden
seawalls and bulkheads, riprap and
rock aprons are located in and around
Newport Harbor and the adjacent
shoreline. However, it has been long
observed that where such protective
structures extend seaward beyond
Rock groin along Newport Beach adjacent unprotected lots, immediate
erosion and notching may occur down drift, especially during large storms and
periods of high tide. As beach sand levels fall, storm waves tend to converge on
projecting structures (i.e. groins) and the waves refract toward unprotected areas of
the beach. Therefore given that improperly located artificial protective devices can
have negative impacts that far outweigh their benefits, beach nourishment has
emerged as the preferred method of shoreline stabilization in recent decades.
Structures built perpendicular to the shoreline tend to slow the long -shore drift of
sediments and thus starve the down -drift area of beach - nourishing sediments. This
is seen on a larger scale with the system of groins in the West Newport. The area
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east of the jetties has an erosional notch due to the blockage of littoral drift from the
north. On a smaller scale, groins can have the same effect. In the case of West
Newport Beach, eight rock groins were installed in the late 1960's and early 1970's
to help maintain the beach. The effect of this groin field on the width of the beach is
readily apparent (the beach on the northwest side of the groin field is wider than the
beach where the groins are located). Southeast of the groin field, sand is being
trapped by the west jetty at the harbor entrance, which stabilizes the Balboa
Peninsula. The effect of these structures is complemented and augmented by
regular beach sand replenishment. The protection of the beaches provides more
than just a wider beach for recreational purposes and real- estate development; it
serves as a buffer zone that provides protection from tsunami runup or storm surges,
especially in areas where there are no dune deposits in front of residential or
commercial development.
Erosion stabilization measures that have been implemented in the Corona del Mar
area include concrete covering on one unstable slope, vegetation along the tops and
bases of bluffs, boulders at the base of bluffs, where no .colluvial cover exists, and
channelization of the streams to prevent further downcutting of the terrace and
bedrock units.
Policies:
2.8.6 -1. Prepare and periodically update comprehensive studies of seasonal
and long -term shoreline change, episodic and chronic bluff retreat,
flooding, and local changes in sea levels, and other coastal hazard
conditions.
2.8.6 -2. Continue to monitor beach width and elevations and analyze
monitoring data to establish approximate thresholds for when beach
erosion or deflation will reach a point that it could expose the
backshore development to flooding or damage from storm waves.
2.8.6 -3. Develop and implement a comprehensive beach replenishment
program to assist in maintaining beach width and elevations. Analyze
monitoring data to determine nourishment priorities, and try to use
nourishment as shore protection, in lieu of more permanent hard
shoreline armoring options.
2.8.6 -4. Maintain existing groin fields and jetties and modify as necessary to
eliminate or mitigate adverse effects on shoreline processes.
2.8.6 -5. Permit revetments, breakwaters, groins, harbor channels, seawalls,
cliff retaining walls and other structures altering natural shoreline
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processes or retaining walls when required to serve coastal- dependent
uses or to protect existing principal structures or public beaches in
danger from erosion and when designed to eliminate or mitigate
adverse impacts on local shoreline sand supply, unless a waiver of
future shoreline protection was required by a previous coastal
development permit.
2.8.6 -6. Design and site protective devices to minimize impacts to coastal
resources, minimize alteration of natural shoreline processes, provide
for coastal access, minimize visual impacts, and eliminate or mitigate
adverse impacts on local shoreline sand supply.
2.8.6 -7. Discourage shoreline protective devices on public land to protect
private property /development. Site and design any such protective
devices as far landward as possible. Such protective devices may be
considered only after hazard avoidance, restoration of the sand supply,
beach nourishment and planned retreat are exhausted as possible
alternatives.
2.8.6 -8. Limit the use of protective devices to the minimum required to protect
existing development and prohibit their use to enlarge or expand areas
for new development or for new development. "Existing development'
for purposes of this policy shall consist only of a principle structure, e.g.
residential dwelling, required garage, or second residential unit, and
shall not include accessory or ancillary structures such as decks,
patios, pools, tennis courts, cabanas, stairs, landscaping etc.
2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the
structure (75 years) as a condition of approval of a coastal
development permit for new development on a beach, shoreline, or
bluff that is subject to wave action, erosion, flooding, landslides, or
other hazards associated with development on a beach or bluff.
Shoreline protection may be permitted to protect existing structures
that were legally constructed prior to the certification of the LCP, unless
a waiver of future shoreline protection was required by a previous
coastal development permit.
2.8.6 -10. Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75
years).
Note: See Section 4.4.3 for Coastal bluff policies.
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2.8.7 Geologic and Seismic
Geologic
The Newport Mesa and San Joaquin Hills areas of the City include slopes that are
surficially unstable and can become a problem during intense or sustained rainfall.
Many of the geologic units underlying these areas are also easily erodible. Cuts
made into these high relief areas may be unstable if planes of weakness are
exposed. In addition to posing a hazard to life and property, landslides and slope
failure can impact traffic flow along major routes, such as Coast Highway. Mudslides
and debris flows also have the potential to impact development at the mouths of
canyons and at the base of the hills.
Compressible soils are characteristic of areas underlain by poorly consolidated
stream and colluvial deposits. These soils have a moderate to high potential for
differential settlement when a large load, such as a building, is applied to them.
Compressible soils underlie a significant part of the City. Areas of the City where
compressible soils are most likely to occur are active and recently active stream
channels, estuary deposits, beach and dune deposits, and young alluvial fan
deposits. In the San Joaquin Hills, compressible soils are commonly found in
canyon bottoms, swales, and at the base of natural slopes.
Fine - grained soils, such as silts and clays, may contain variable amounts of
expansive clay materials. These materials can undergo significant volumetric
changes as a result of changes in moisture content. The upward pressure induced
by the swelling of expansive soils can have significant harmful effects upon
structures and other surface improvements. Thick soil profiles developed on the
older marine deposits west of Newport Bay are typically clay -rich and will probably
fall in the moderately expansive range. Potentially expansive bedrock may be
exposed on natural slopes and ridges in the San Joaquin Hills, or may be uncovered
by grading cuts made for developments. Man -made fills can also be expansive,
depending on the soils used to construct them.
Seismic
The Newport- Inglewood fault extends across Newport Beach in a northwesterly
direction. The southern portion of the City is underlain by the San Joaquin Hills fault,
a recently discovered fault that does not extend to the surface but that could have
associated, secondary faults at or near the surface. A major earthquake along any
of these faults could result in substantial casualties and damage resulting in
collapsed buildings, damaged roads and bridges, fires, flooding, and other threats to
life and property.
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The San Joaquin Hills blind thrust was only
discovered in the late 1990s and its geometry and
behavior are not well constrained. However, an
earthquake on this fault, due to its blind thrust
geometry and location has the potential to be more
damaging to Newport Beach than rupture of the
Newport- Inglewood fault. Typically, earthquakes on
thrust faults produce greater vertical accelerations
than comparably sized strike -slip earthquakes (such
as one on the Newport- Inglewood fault) and vertical
motions are more damaging to structures.
Scientists suggest the San Joaquin Hills blind thrust
fault could produce a magnitude 6.8 to 7.3
earthquake.
The Newport- Inglewood fault is considered the
second most active fault in California. Prior to the
discovery of the San Joaquin Hills fault, the
Newport- Inglewood fault was thought to pose the
greatest threat to Newport Beach because of its
close proximity to the City, historic activity, and its
Damage to a home and Park Avenue on
recurrence interval. It tufts from the City Of Balboa Island caused by the 1933 Long
Inglewood through Newport Beach where it extends Beach earthquake
out into the Pacific Ocean. This fault is capable of producing earthquakes in the
range of 6.3 to 7.5 magnitudes. The 1933, 6.5 magnitude Long Beach earthquake
occurred on the Newport- Inglewood fault, causing 120 deaths and severe damage.
Unreinforced masonry buildings collapsed leaving people trapped beneath the
rubble. Schools collapsed. The Long Beach earthquake epicenter was in the
Newport Harbor area of Newport Beach. Buildings were damaged in the City as a
result of this earthquake. The low population and development of the time attributed
to decreased damage in the Newport Beach area.
The San Andreas fault is located approximately 70 miles northeast of the City. This
fault is capable of producing earthquakes in the magnitude 8+ range. Current
estimates are that major earthquakes on this fault occur approximately every 145
years. The last major earthquake on the Southern San Andreas fault occurred in
1857.
The Whittier fault is the northern extension of the Elsinore fault and is located
approximately 20 miles north of the City. No major historical earthquakes have been
attributed to the Whittier fault. However, trenching studies have documented
recurrent movement of this fault in the last 17,000 years. The Southern California
Earthquake Center determined there is a five percent chance of an earthquake
occurring on the Whittier fault by 2024. The Whittier fault is thought capable of
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producing a magnitude 6.8 maximum magnitude earthquake, although some
investigators propose an even larger magnitude 7.1 quake.
In addition to the four fault systems mentioned above, there are several other known
potential sources of strong ground shaking within 60 miles of Newport Beach. These
include the Peralta Hills, Santa Monica - Hollywood, Puente Hills and Cucamonga
faults. These faults could also affect Newport Beach, though not as severely. There
are still many uncharted earthquake faults throughout California and several active
offshore faults posing possible impacts for Newport Beach.
Poorly consolidated sediments and shallow groundwater underlie portions of
Newport Beach, particularly from West Newport to the tip of the Balboa Peninsula
and in the areas in and around Newport Bay. These areas have a high susceptibility
to liquefaction during earthquakes. Liquefaction is a geologic process that causes
various types of ground failure. When liquefaction occurs, the sediments involved
have a total or substantial loss of shear strength, and behave like a liquid or semi -
viscous substance. Liquefaction can cause structural distress or failure due to
ground settlement, a loss of bearing capacity in the foundation soils, and the buoyant
rise of buried structures. The excess of hydrostatic pressure generated by ground
shaking can result in the formation of sand boils or mud spouts, and /or seepage of
water through cracks.
The areas with the liquefaction potential are densely populated and possess
considerable commercial property. It is likely that a nearby moderate to strong
earthquake will cause extensive damage to buildings and infrastructure. Newport
Beach requires the properties in these areas to be built on compacted soils, which
should lessen the liquefaction potential.
Other secondary affects of earthquakes include
• Fires. A high probability of fire following an earthquake results from the
number of broken gas lines typically occurring during shaking. Water mains
and lines often break as well, due to ground movement. The combination of
fires and a water shortage seriously complicates the response to earthquakes
and their secondary affects.
• Dam Failure. Flooding caused by earthquake induced dam failure of the
Prado Dam could impact Newport Beach. However, the probability of
flooding due to dam failure is low since the Prado Dam is rarely full. Flooding
could also result from the failure of the Big Canyon Reservoir.
• Hazardous Chemical Spills. The north end and west side of the Newport
Beach house a large percentage of the City's industries with large quantities
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of hazardous chemicals. This area would be most affected by hazardous
chemical spills and hazardous chemical fires resulting from earthquakes.
Oil Spills and Pipeline Breakage. Oil fields and oil storage tanks can be seen
on the west side of Newport Beach. Although the tanks are diked, a major
earthquake could damage the tanks and dikes causing vast amounts of oil
spillage. There are numerous underground pipelines traversing the City. An
earthquake could easily cause a pipeline breakage, releasing either natural
crude oil or refined petroleum products.
Policies:
2.8.7 -1. Conduct hydrological studies of Big Canyon, Buck Gully and Morning
Canyon to develop methods to control water quality, sedimentation,
erosion, and slope failure and to protect downstream areas from debris
flows.
2.8.7 -2. Require new development to provide adequate drainage and erosion
control facilities that convey site drainage in a non - erosive manner in
order to minimize hazards resulting from increased runoff, erosion and
other hydrologic impacts to streams.
2.8.7 -3. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologiclsoilslgeotechnical study that identifies any geologic hazards
affecting the proposed project site, any necessary mitigation
measures, and contains a statement that the project site is suitable for
the proposed development and that the development will be safe from
geologic hazard. Require such reports to be signed by a licensed
Certified Engineering Geologist or Geotechnical Engineer and subject
to review and approval by the City.
2.8.7 -4. Continue to regularly update building and fire codes to reflect the best
available standards for seismic safety design.
2.8.8 Fire
Due to its weather, topography and native vegetation, the entire southern California
area is at risk from wildland fires. The extended droughts characteristic of
California's Mediterranean climate result in large areas of dry vegetation that provide
fuel for wildland fires. Furthermore, the native vegetation typically has a high oil
content that makes it highly flammable. The area is also intermittently impacted by
Santa Ana winds; the hot, dry winds that blow across southern California in the
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spring and late fall, often igniting and /or spreading fires. Combine these conditions
with the fact that more people than ever are living and playing in wildland areas, and
the potential for major wildland fires to occur increases even further.
Fires usually last only a few hours or days,
but their effects can last much longer. An
intense wildland fire may destroy all the
vegetation. The fire also destroys most of
the roots that hold the soil in place, allowing
running water to wash the soil away. In
addition, the organic material in the soil may
be burned away or decompose into water -
repellent substances that prevent water
from percolating into the soil. As a result,
even normal rainfall can cause exceptional
1993 Laguna Canyon fire advancing towards Newport erosion, flooding and debris flows from a
Beach burned area. The 1993 Laguna Canyon
wildland fire burned 17,000 acres, destroyed
366 homes, and forced the evacuation of Laguna Beach's 24,000 residents. In
1997, wildland fires charred many areas of southern California, leaving them barren
before the next winter's heavy El Nino rainfall. Of the 25 large southern California
wildland fires that occurred that year, ten produced debris flows after the first major
winter storm, and flooding plagued eight other areas. Only four burn areas showed
little erosion or runoff.
Flood control facilities may be severely taxed by the increased flow from the
denuded hillsides and the resulting debris that washes down. Recreation areas that
have been affected may also be forced to close or operate at a reduced scale. In
addition, the buildings that are destroyed by fire are usually eligible for
reassessment, which reduces income to local governments from property taxes.
In the aftermath of the 1993 Laguna Canyon fire, Newport Beach fire officials, in
cooperation with federal, state, county, and other local officials, began analyzing the
conditions that allowed this fire and others to occur. The areas at greatest risk of
wildland fires are homes and structures in and around the urban wildland interface
areas. These areas include lower Buck Gully, Morning Canyon, the mouth of Big
Canyon, and Spyglass Canyon.
Newport Beach employs two different methods for reducing the risk of fire in these
urban wildland interface areas: hazard reduction and fuel modification. Both
methodologies use the principle of reducing the amount of combustible fuel
available, which reduces the amount of heat, associated flame lengths, and the
intensity of the fire that would threaten the adjoining structures. Hazard reduction
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reduces the amount of fuel within 100 feet of any structure, thus creating a
defensible space used to slow the rate and intensity of an advancing wildfire and to
create an area for firefighters to suppress the fire and save the structure. Fuel
modification zone establishes a ribbon of land surrounding the homes designed to
diminish the intensity of a wildfire as it approaches the homes. A fuel modification
zone differs from a hazard reduction zone through a combination of methodologies,
including the removal of native vegetation replaced with fire resistive plant species,
as well as the reduction of amount of native combustible vegetation.
In addition to reduction of the vegetation hazards, areas regulated by fuel
modification requirements are also required to "harden" the structures immediately
adjacent to the wildland area. This "hardening" is done by providing automatic fire
sprinkler protection, installation of class "A" roof assemblies, installation of dual
glazed windows, one -hour fire resistive construction on sides of the structure facing
the wildland area, and the elimination of any combustible exterior structural
elements, such as patio covers.
Policies:
2.8.8 -1. Apply hazard reduction, fuel modification, and other methods to reduce
wildfire hazards to existing and new development in urban wildland
interface areas.
2.8.8 -2. Site and design new development to avoid fire hazards and the need
to extend fuel modification zones into sensitive habitats.
2.8.8 -3. Use fire- resistive, native plant species from the City- approved plant list
in fuel modification zones abutting sensitive habitats.
2.8.8 -4. Prohibit invasive ornamental plant species in fuel modification zones
abutting sensitive habitats.
2.8.8 -5. Continue to maintain a database of parcels in urban wildland interface
areas.
2.8.8 -6. Continue annual inspections of parcels in the urban wildland interface
areas and, if necessary, direct the property owner to bring the property
into compliance with fire inspection standards.
2.8.8 -7. Continue to regularly update building and fire codes to reflect the best
available standards for fire safety design.
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2.9 Transportation
Coastal Act policies related to transportation that are relevant to Newport Beach include the
following:
30212.5, wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed
throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of
any single area.
30252. The location and amount of new development should maintain and enhance public access to the coast by it)
facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential
development:or in other areas that will minimize the use of coastal access roads, (3) provding nonautomobile circulation
within the.eevelopment, (4) providing adequate, parking facilities or providing substitute means of serving the development
with public transportation, (5) assuring the potential for public transit for high intensity uses such as high -rise office buildings,
and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by
correlating the amount of development with local park acquisition and development plans with the provision of onsite
recreational facilities to serve the new development.
2.9.1 Public Transit
The City's Transportation Demand Management Ordinance requires new
nonresidential developments that are estimated to employ 100 or more employees to
reduce the number of peak - period vehicle trips, promote and encourage the use of
alternative modes of transportation, and provide support facilities for alternative
modes of transportation.
Bus Transportation
Public transportation services in Newport
Beach are provided by the Orange County
Transportation Authority District (OCTA) and
consist of regular fixed -route service. OCTA
operates the Newport Beach Transportation
Center at Avocado and San Joaquin Hills
Road. Demand for bus service from the inland
areas to Newport Beach is intensified during
the summer peak months. OCTA adds buses
to beach routes most in demand to offset the
increased load.
The City's Subdivision Code provides for the
dedication of transit facilities, such as bus
turnouts, benches, shelters and similar
facilities, by new development. The City's
Public Works Department coordinates with
OCTA on the location of transit facilities.
Bus parking area in Balboa Village
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Water Transportation
Balboa Island Feay
The Balboa Island Ferry has been
providing ferry service from Balboa
Island to the Balboa Peninsula since
1906. Three ferries shuttle automobiles,
pedestrians, and bicyclists across the
Newport Channel, an average of one
thousand people a day.
The 500 - passenger Catalina Flyer
provides daily passenger service from
Newport Beach to Avalon on Catalina
Island, transporting an average of
81,700 people each year.
The City supports expanded use of water transportation uses linking the Harbor with
other visitor- serving and recreation destinations and providing cross - Harbor service.
Polices:
2.9.1 -1. Continue to implement the Transportation Demand Management
Ordinance.
2.9.1 -2. Continue to require new development to dedicate transit facilities, such as
bus turnouts, benches, shelters and similar facilities, where appropriate.
2.9.1 -3. Locate and design larger commercial and residential developments to
facilitate provision or extension of transit service and provide non -
automobile circulation within the development to the greatest extent
possible.
2.9.1 -4. Encourage the use of commercial and institutional parking areas for use
as public parking during weekends and holidays in conjunction with public
transit or shuttles to serve coastal recreational areas.
2.9.1 -5. Encourage OCTA to continue and expand summer bus service to coastal
recreational areas.
2.9.1 -6. Maintain and enhance existing public water transportation services and
encourage and provide incentives for expansion of these uses and land
support facilities.
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2.9.2 Bikeways and Trails
Newport Beach provides an extensive system
of bikeways and trails to serve bicyclists,
equestrians, and pedestrians (see Bikeways
and Trails Map). In addition to providing coastal
access and recreational opportunities, these
bikeways and trails also facilitate alternative
modes of transportation.
Policies:
2.9.2 -1. Maintain, expand, and encourage
the use of bikeways and trails as
alternative circulation routes.
2.9.2 -2. Continue to cooperate with state,
federal, county and local agencies
to coordinate bikeways and trails
throughout the region.
Bicycle racks at 32' Street end
2.9.2 -3. Develop and implement a uniform
signing program to assist the public in locating, recognizing, and
utilizing public bikeways and trails.
2.9.2 -4. Design and site new development to provide connections to existing
and proposed bikeways and trail systems.
2.9.2 -5. Where appropriate, provide bicycle racks and hitching posts at public
beaches and parks.
2.9.2 -6. Require new non - residential developments with floor areas of 10,000
square feet or more to provide bicycle racks for use by customers.
2.9.2 -7. Require new non - residential developments with a total for 100 or more
employees to provide bicycle racks, lockers, and showers for use by
employees and tenants who commute by bicycle.
Note: See Section 3.1 for public access policies.
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2.9.3 Parking
Parking in the coastal zone is a major issue in Newport Beach. Surveys indicate that
the current supply is generally adequate in the winter for both residents and visitors.
During the summer the demand for parking increases. During peak summer
weekends, parking demand associated with beach and bay uses is virtually
unlimited.
Commercial
All of the commercial areas in the coastal zone were originally developed at a time
when little or no off- street parking was required. Therefore, a number of properties
do not conform to current off - street parking requirements. In many coastal zone
commercial areas, commercial parking demand is accommodated by on- street
parking spaces and in public lots. This has created conflicts between commercial
uses, residential uses, and coastal zone visitors.
The City's off - street parking regulations are consistent with other coastal
communities and are adequate to meet land use demands. Therefore, new
development will be required to provide adequate off- street parking.
The coastal zone's main commercial areas were studied during the summer of 2002
to determine if there is adequate parking. Field observations and analysis were
conducted to inventory and review current parking conditions. A forecast of future
parking adequacy was also conducted using a parking analysis model.
West Newport commercial
West Newport. West Newport is a
commercial strip on the north side of
West Coast Highway between the
Semeniuk Slough and the city limits.
Of the 258 parking spaces, there are
slightly more private off - street spaces
(57 %) than public on- street spaces.
There are also 174 public spaces on
the south side of West Coast Highway
in the West Newport Park lots and on
Seashore Drive. The 2002 field
observations indicate there is
adequate parking on the north side of
West Coast Highway to meet land use
demands. Public spaces along the
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south side were occupied with residential vehicles in the early morning and were
replaced with beach traffic in the afternoon until the evening when residential
vehicles returned.
The parking analysis model indicates that parking in this area should be adequate to
accommodate demand. Beach users mainly use the parking on the south side and it
is anticipated that none of these spaces are needed to serve demand from the north
side of the highway.
Mariner's Mile. The Mariner's Mile commercial area is located on Coast Highway
between Newport Boulevard and Dover Drive. Marine - related, visitor serving, and
entertainment businesses dominate the Mariner's Mile waterfront. Therefore, most
coastal zone visitors in this area are patrons of these businesses. The vast majority
(87 %) of 3,245 parking spaces in Mariner's Mile are private spaces designated for
use by business patrons. The 2002 field observations indicate there is adequate
parking during daytime hours, but that parking facilities reach effective capacity
during evening hours, due to the concentration of restaurants and entertainment
establishments.
The parking analysis model indicates that a parking shortage should be experienced
in the Mariner's Mile area during the weekday midday hours. This discrepancy with
the 2002 field observations indicate that the area is experiencing a higher than
normal amount of multi- purpose trips, and /or trips by alternative mode than
estimated in the parking requirements or that some land uses may not be open
during the weekday midday hours as anticipated in the parking estimates.
Balboa Peninsula. Lido /McFadden includes the
Lido, Civic Center, Cannery Village, and Newport
Pier commercial areas. The majority (56 %) of
5,393 parking spaces in Lido /McFadden are in
public lots and on- street. In Balboa Village, the vast
majority (73 %) of 1,267 parking spaces are in public
lots and on- street. The 2002 field observations
indicate that on both weekdays and weekends,
public lots are used more heavily than any other
type of parking and private lots have the lowest
occupancy. Parking analysis indicates parking
shortfalls in both Lido /McFadden and Balboa
Village.
Balboa Pier parking lot
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Marine Avenue. Marine Avenue is a
retail district on Balboa Island that is
popular with residents and coastal
zone visitors. Of the 134 parking
spaces, there are slightly more public
on- street spaces (57 %) than private
off - street spaces. The 2002 field
observations indicate that parking is
routinely at or above capacity and that
parking demand extends well beyond
the blocks immediately surrounding
the business area.
Manne Avenue on Balboa Island The model indicates a significant latent
demand for parking in this area. The
density of development along Marine Avenue and the pedestrian - oriented character
of the development create a unique condition in this area. Land uses in the area
generate trips with a much higher than normal amount of multi - purpose stops. In
addition, many of the existing land uses cater to the needs of the local residents who
walk to and from the sites, as well as to visitors. Therefore, the actual parking
demand is less than the model is predicting. However, the demand is still much
higher than the current supply.
Corona del Mar. Corona del Mar is a commercial strip along East Coast Highway
between Avocado Avenue and Hazel Drive. Only the south side of this commercial
area is located within the coastal zone. The vast majority (88 %) of 2,031 parking
spaces in Corona del Mar are private spaces designated for use by business
patrons. The 2002 field observations indicate there is adequate parking to meet land
use demands.
The parking analysis model indicates that existing supply is more than adequate for
the existing uses. Overestimated demand may be caused by a higher than expected
number of multi - purpose trips or differences in the anticipated split of modes of
transportation. Because of the amount of private parking in this area versus public
spaces, it is less likely to have a large amount of shared parking occurring because
of temporal differences in parking demand.
Residential
Most of the residential areas in the coastal zone were also developed at a time when
there was little need for automobile parking. However, unlike commercial areas, high
market demand has resulted in continual remodeling and reconstruction of
residential properties. New dwelling units and remodels resulting in an increase in
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the number of habitable rooms are required to meet current off- street parking
requirements.
Sheet parking on the Balboa Peninsula
While remodels and reconstruction have increased
the amount of off - street parking, parking problems
continue in coastal zone residential areas.
Residential dwelling units with nonconforming
parking continue to exist. Also, some garages are
used for purposes other then parking, including
storage, office space, or living areas. The
popularity and demographics of the coastal zone
sometimes leads to dwelling units with more people
and automobiles than in inland areas. Illegal
dwelling units also add to parking demand. Finally,
some people simply prefer to use curbside parking
due for convenience, particularly in areas where
garages are accessed via narrow alleys. As a
result, a significant number of coastal zone
residents use public street parking or public lots
instead of private off - street parking.
Policies:
2.9.3 -1. Site and design new development to avoid use of parking
configurations or parking management programs that are difficult to
maintain and enforce.
2.9.3 -2. Continue to require new development to provide off - street parking
sufficient to serve the approved use in order to minimize impacts to
public on- street and off - street parking available for coastal access.
2.9.3 -3. Require that all proposed development maintain and enhance public
access to the coast by providing adequate parking pursuant to the off -
street parking regulations of the Zoning Code in effect as of October
13, 2005.
2.9.3 -4. Periodically review and update off- street parking requirements to
ensure that new development provides off- street parking sufficient to
serve approved uses.
2.9.3 -5. Continue to require off - street parking in new development to have
adequate dimensions, clearances, and access to insure their use.
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2.9.3 -6. Prohibit new development that would result in restrictions on public
parking that would impede or restrict public access to beaches, trails or
parklands, (including, but not limited to, the posting of "no parking"
signs, red curbing, and physical barriers), except where such
restrictions are needed to protect public safety and where no other
feasible alternative exists to provide public safety.
2.9.3 -7. If public parking restrictions are allowed to protect public safety, require
new development to provide an equivalent quantity of public parking
nearby as mitigation for impacts to coastal access and recreation,
where feasible.
2.9.3 -8. Continue to require properties with nonconforming parking to provide
code - required off - street parking when new uses, alterations or
additions result in increased parking demand.
2.9.3 -9. Approve no application for a modification or waiver of off - street parking
requirements that are found to impact public parking available for
coastal access.
2.9.3 -10. Require new development to minimize curb cuts to protect on- street
parking spaces. Close curb cuts to create new public parking
wherever feasible.
2.9.3 -11. Continue to require alley access to parking areas for all new
development in areas where alley access exists.
2.9.3 -12. Provide incentives to encourage lot consolidation where lots are of
insufficient size to accommodate on -site parking and sufficient
commercial intensity of development.
2.9.3 -13. Encourage commercial and institutional development located near
beaches and other coastal resources to provide parking for public
access during weekends and holidays.
2.9.3 -14. Develop parking management programs for coastal zone areas that
achieve the following:
• Provides adequate, convenient parking for residents, guests,
business patrons, and visitors of the coastal zone;
■ Optimizes use of existing parking spaces;
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• Provides for existing and future land uses;
• Reduces traffic congestion;
• Limits adverse parking impacts on user groups;
• Provides improved parking information and signage;
• Generates reasonable revenues to cover City costs;
• Accommodates public transit and alternative modes of
transportation.
2.9.3 -15. Set in -lieu parking fees commensurate with actual market value for the
provision of off- street parking.
2.9.3 -16. Continue to rigorously enforce parking ordinances.
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3.0 Public Access and Recreation
3.1 Shoreline and Bluff Top Access
Coastal Act policies related to shoreline and bluff top access that are relevant to Newport
Beach include the following:
30210. In carrying out the requirement of section 4 of Article X of the California Constitution, maximum access, which shall
be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety
needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
30211. Development shall Trot interfere with the publics right of access to the sea where acquired through use or legislative
authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial
vegetation.
30212.. (a) Public access from the nearest public roadwaylo the shoreline and along.the'mast shall be provided in new
development projects except where: (1) it is inconsistent with public safety, military security needs, or the protection.of
fragile . coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated
accessway shall not be required to be opened to public use u_ nfit a public agency or private association agrees to accept
responsibility for maintenance and liability of the accessway.
30214. (a) The public access policies of this article shall be implemented in a manner that takes :into account the need to
regulate the time, place, and manner of public access depending on the facts and circumstances in each case including,.but
not limited to, the following: .,
(1) Topographic and geologic site characteristics... .. .
(2) The capacity of the site to sustain use and at what level of intensity..
(3) The appropriateness of limiting public access to the right to pass and repass depending cm such factors as
the fragility of the natural resources in the area and the proximity of the access area to adjacent residential
USES. .. .
(4) The need to provide for the management of access areas so as to protect the privacy, of adjacent property
owners and to protect the aesthetic values of the area by providing for the collection of titter.
(b) It is the intent of the Legislature that the public access policies of this article be cariied.out in a reasonable manner that
considers the equities and that balances the rights of the individual property owner with'the public's cons Wit owl right.of
access pursuant to Section 4 of Article X of the Califon a Constitution;. Nothing in this section or any amendment thereto shall
be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constd bon.
(c) In carrying out the public access policies of this article, the commission and any other responsble.pubhc agency shall
consider and encourage the utilization of Innovative access management techniques„ including, but not limited to,
agreements with private organizations which would minimize management costs and encourage the use of volunteer
programs.
3.1.1 Shoreline Access
In terms of implementing the Coastal Act, there are two basic types of public access:
vertical access, or access to the shoreline, and lateral access, or access along the
shoreline. Newport Beach has developed an extensive system of access to ocean
beaches and the bay (see Coastal Access Map). Virtually all of the Pacific Ocean
shoreline beaches are public and the bay is accessible via public beaches, parks,
shoreline trails, walkways and boardwalks. The City will continue to require all new
development, causing or contributing to adverse public access impacts, to provide
easements or dedications in areas where public access is inadequate.
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Pacific Ocean Beaches
West Newport/Balboa Peninsula. West
Newport and the Balboa Peninsula
have over 5 miles of wide, sandy
beaches. Vertical access to these
beaches is provided by 89 street ends,
which occur every 200 to 500 feet. The
Oceanfront Boardwalk runs along the
beach for approximately 3 miles from
36th Street in West Newport to F Street
on the Peninsula. This multi -use
concrete walkway is 12 to 22 foot wide
and is popular with pedestrians,
bicyclists, and skaters.
Oceanfront Boardwalk at 15" Street
Corona del Mar. City- operated Corona del Mar State Beach (Big Corona) is a half
mile -long sandy beach located southerly of the Newport Harbor entrance. Vertical
access to this beach is provided by an access road near the intersection of Ocean
Boulevard and Jasmine Avenue and by walkways at Lookout Point and Inspiration
Point view parks on Ocean Boulevard.
Little Corona Beach is a small sandy cove with rocky intertidal platform reefs. The
Newport Beach Marine Conservation Area is offshore. Vertical access is provided by
a walkway at Poppy Avenue (Glen Drive). The Newport Beach Marine Conservation
Area contains natural habitats and the provision of additional public access on Little
Corona Beach must be consistent with the protection of these resources.
Big Corona
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Lower Newport Bay /Harbor
Waterfront commercial areas also provide
vertical and lateral access to Lower Newport
Bay. Commercial developments in Lido Village,
Cannery Village, McFadden Square, and
Balboa Village and on the Lido Peninsula
provide public access easements to and along
the waterfront. In most cases, these easements
have been integrated into the project's design,
such as restaurants with outdoor waterfront
dining areas and boarding areas for charter and
excursion vessels.
New development will present additional
opportunities to extend and enhance waterfront
access in these areas. Particular attention
should be given to extending the Lido Marina
Village boardwalk across all of the waterfront
commercial properties in Lido Village and to
provide a continuous waterfront walkway along
the Rhine Channel to connect the Cannery Lido Marina Village boardwalk
Village and McFadden Square waterfront commercial areas with Las Arenas Beach
at 19th Street. A connection from Lido Village to Mariner's Mile should also be
provided, if feasible.
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Mariner's Mile. The Mariner's Mile is a
commercial area with a shoreline
consisting of bulkheads. Commercial
and institutional developments in
Mariner's Mile provide public access
easements to and along the waterfront.
Although the easements are
fragmented, with new development,
there is an opportunity to provide a
continuous waterfront walkway from the
Coast Highway /Newport Boulevard
Bridge to the Balboa Bay Club.
Bayside. The Bayside area shoreline Mariners Mile
consists mainly of bulkheads, with a few small beaches. Beacon Bay Beach (Lot 1) is
accessible from Beacon Bay Drive via walkways at the Cape Cove, Shelter Cove,
and Reef Cove Street ends. Bayside Drive County Beach is accessible from
Bayside Drive via the Orange County Harbor Patrol facility. Lateral access to
Promontory Bay is provided by a walkway along Bayside Drive and a public access
easement along the bulkhead adjacent to Newport Marina Apartments. This public
access easement connects to a quarter mile walkway on a floating dock in the
Balboa Island Channel. Lateral access is also provided around the Balboa Yacht
Basin.
Pirate's Cove
Corona del Mar. Corona del Mar's bayside
shoreline is at the harbor entrance and is
characterized by high coastal bluffs with a few
small sandy coves. China Cove is accessible from
Cove Street and Shell Street. Rocky Point (Pirate's
Cove) is accessible by a trail at Lookout Point on
Ocean Boulevard and Corona del Mar State
Beach. There is also a small pocket park in an
unnamed street end off of the 2300 block of
Bayside Drive that provides access to Carnation
Cove.
Lido Isle. On Lido Isle, vertical access to the Lower
Bay is provided by walkways within 13 street end
easements. These street ends are leased to Lido
Isle Association with the condition that the
association maintain and operate all walkways in a
manner that allows for open public access. There
are also public beaches at Via Genoa (Parcel B)
and at Via Trieste (Parcel C).
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Balboa Island. All of Balboa Island's beaches are public. There are 33 street ends
that provide vertical access and the Bay Front Boardwalk that circles the island
enhances lateral access. There are also 4 street ends that provide access to the
Grand Canal.
Upper Newport Bay
The Upper Newport Bay is coastal
wetlands bordered by 40 to 100 -foot high
bluffs. Most of the Upper Newport Bay
area is in the Upper Newport Bay Marine
Park. Due to the steep coastal bluffs and
high number of sensitive environmental
resources within the marine park, access
is more restricted than other coastal
areas. Still, ample public access is
available.
The 752 -acre Upper Newport Bay Marine
Park preserves one of the largest coastal Upper Newport Bay Marine Park
wetlands in Southern California. In
addition to protecting its diverse habitats, the marine park provides canoe, kayak,
and walking tours. Shellmaker Island in the marine park serves as a staging area
for tours of the Upper Newport Bay. Shellmaker Island is only open to the public
when programs and tours are scheduled and is accessible from Back Bay Drive.
The marine park is also accessible from University Drive and Back Bay Drive.
The Upper Newport Bay Nature Preserve is
located on the bluffs on the north and northwest
sides of the Upper Newport Bay Marine Park.
This 140 -acre regional park provides hiking, bike,
equestrian trails to and along the marine park.
The Upper Newport Bay Nature Preserve is
accessible from University Drive and Bayview
Way.
Access to and along the Upper Newport Bay is
also provided by Back Bay Drive, a 3.5 -mile multi -
model road that runs along the base of the bluff on
the easterly side of the bay. Back Bay Drive
begins at Jamboree Road and ends at East Bluff
Drive, where it connects with a trail that continues
west of Jamboree Road and along San Diego
Creek into central Orange County. The Lookout at
Back Bay Drive
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the corner of Back Bay Drive and East Bluff Drive serves as a staging area for tours
of the bay.
On the west side of the bay, access is provided via North Star Beach. North Star
Beach has a sandy beach and is the site of the Newport Aquatics Center, a public
recreation and launching facility. North Star Beach is accessible from White Cliffs
Drive, off of Polaris Drive. The area north of the Newport Aquatics Center contains
natural habitats and the provision of additional public access in this area must be
consistent with the protection of these resources.
On the east side of the bay, access is provided by Big Canyon Nature Park. Big
Canyon Nature Park is a passive open space area that provides hiking trails from
Jamboree Road to the Upper Newport Bay Marine Park. The mouth of Big Canyon
contains natural habitats and the provision of additional public access must be
consistent with the protection of these resources.
Semeniuk Slough
Semeniuk Slough, also referred to as the Oxbow Loop, is a coastal salt marsh, The
slough is accessible via 9 street ends in Newport Shores and the Newport Shores
View Park. The provision of public access must be consistent with the protection of
the adjacent natural resources.
Policies:
3.1.1 -1. Protect, and where feasible, expand
and enhance public access to and
along the shoreline and to beaches,
coastal waters, tidelands, coastal parks,
and trails.
3.1.1 -2. Protect and enhance all existing public
street ends providing public access to
the shoreline, beaches, coastal parks,
and trails.
3.1.1 -3. Develop and implement a uniform
coastal access signing program to
assist the public in locating,
recognizing, and utilizing public access
trails. Where appropriate, include
information advising the public of
environmentally sensitive habitats,
safety hazards, and to respect adjacent
Boardwalk through coastal sage scrub habitat
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private property.
3.1.1 -4. Identify and remove all unauthorized structures, including signs and
fences, which inhibit public access.
3.1.1 -5. Allow public access improvements in environmentally sensitive habitat
areas (ESHA) when sited, designed, and maintained in a manner to
avoid or minimize impacts to the ESHA.
3.1.1 -6. Continue to cooperate with the State Department of Parks and
Recreation, the State Department of Fish and Game, the State Coastal
Conservancy, Orange County, and private organizations to protect,
expand and enhance public access to and along the shoreline and to
beaches, coastal parks, and trails.
3.1.1 -7. Continue to protect the public's right of access to the sea where acquired
through historic use or legislative authorization. Where substantial
evidence of prescriptive rights exists, actively pursue public acquisition
or require access easements as a condition for new development.
3.1.1 -8. Where there is substantial evidence that prescriptive rights of access to
the beach exist on a parcel, development on that parcel must be
designed, or conditions must be imposed, to avoid interference with the
prescriptive rights that may exist or to provide alternative, equivalent
access.
3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• Includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors;
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
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Does not violate private property rights.
3.1.1 -10. Cooperate with state agencies in planning and implementing the
Newport Beach segment of the California Coastal Trail.
3.1.1 -11. Require new development to
minimize impacts to public
access to and along the
shoreline.
3.1.1 -12. Implement
building design
and siting
regulations to
protect
public access
through setback and other
property
development
regulations
of the Zoning
Code that
control building
placement.
Walkway and bikeway along Promontory Bay
3.1.1 -13. Require a direct dedication
or an Offer to Dedicate (OTD) an easement for lateral public access for
all new shorefront development causing or contributing to adverse public
access impacts. Such dedication or easement shall extend from the
limits of public ownership (e.g. mean high tide line) landward to a fixed
point seaward of the primary extent of development (e.g. intersection of
sand with toe or top of revetment, vertical face of seawall, dripline of
deck, or toe of bluff).
3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or
contributing to adverse public access impacts, unless adequate access
is available nearby. Vertical accessways shall be a sufficient size to
accommodate two -way pedestrian passage and landscape buffer and
should be sited along the border or side property line of the project site
or away from existing or proposed development to the maximum feasible
extent.
3.1.1 -15. Encourage the acceptance, improvement and opening of OTDs to the
public by the City, a public agency, a private association, or other
appropriate entity.
3.1.1 -16. Require all direct dedications or OTDs for public access to be made to a
public agency or other appropriate entity that will operate the accessway
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on behalf of the public. Require accessways to be opened to the public
once an appropriate entity accepts responsibility for maintenance and
liability.
3.1.1 -17. Require new development in waterfront commercial areas to provide
public access easements to and along the waterfront. Where
appropriate, integrate public access easements into the project designs,
such as restaurants with outdoor waterfront dining areas and boarding
areas for charter and excursion vessels.
3.1.1 -18. Require new development
on ocean - fronting,
residentially zoned properties
located between the Santa
Ana River Jetties and the
Newport Harbor West Jetty
to conform to the setback
requirements of the Zoning
Code in effect as of October
13, 2005 to prevent impacts
to public access.
3.1.1 -19.
Uevelop anal implement a
long -range plan for public 15 "street Beach
trails and walkways to
access all appropriate commercial areas of the harbor.
3.1.1 -20. Extend the Lido Marina Village boardwalk across all of the waterfront
commercial properties in Lido Village.
3.1.1 -21. Provide a continuous waterfront walkway along the Rhine Channel
connecting Cannery Village and McFadden Square waterfront
commercial areas with Las Arenas Beach at 19th Street.
3.1.1 -22. Provide a walkway connecting the Lido Village area with Mariner's Mile,
if feasible.
3.1.1 -23. Provide a continuous walkway along the Mariner's Mile waterfront from
the Coast Highway /Newport Boulevard Bridge to the Balboa Bay Club.
3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public
accessibility.
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3.1.1 -25. Where marine sales and service equipment and operations present
security or public safety concerns, waterfront access detours may be
necessary in some areas in order to maintain facilities and services
essential to the operation of the harbor.
3.1.1 -26. Consistent with the policies above, provide maximum public access from
the nearest public roadway to the shoreline and along the shoreline with
new development except where (1) it is inconsistent with public safety,
military security needs, or the protection of fragile coastal resources or
(2) adequate access exists nearby.
3.1.1 -27. Implement public access policies in a manner that takes into account the
need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but
not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners
and the public's constitutional rights of access.
Balboa Pier
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3.1.2. Bluff Top Access
In addition to direct access to and along the shoreline, Newport Beach has worked to
preserve a number of prominent bluff top locations for public viewing of the shoreline
(see Coastal Access and Recreation Map).
Castaways View Park
West Newport. The Sunset View Park provides an ocean view trail along the bluff
top above the lower campus of Hoag Hospital. This park is accessible from Superior
Avenue. The planned extension of this park to Superior Avenue will provide a
connection to a bluff top trail in a park planned on the undeveloped CalTrans West
property. Connections to future bluff top trails and parks developed in conjunction
with future development in the Banning Ranch property present the opportunity for a
continuous bluff top trail through West Newport.
Lookout Point
Newport Heights/Cliff Haven. Cliff Drive Park,
Ensign Park, and Kings Road Park are located on
the bluff top above Mariner's Mile and Coast
Highway. These parks provide views of the
Lower Bay and the Pacific Ocean. Cliff Drive
Park and Ensign Park are accessible from Cliff
Drive. Kings Road Park is accessible from Kings
Road.
Corona del Mar. A half -mile linear view park that
provides spectacular views of the harbor entrance
and Pacific Ocean is located along the bluff top
above Corona del Mar State Beach. The park
begins at Lookout Point above Pirate's Cove and
runs along Ocean Boulevard to Inspiration Point
at the end of Orchid Avenue.
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Upper Newport Bay. Castaways
Park is a 17.4 -acre view park.
Castaways Park has bike and hiking
trails and overlooks that provide
panoramic views of the Newport
Bay and the Pacific Ocean.
Castaways Park is accessible from
Dover Drive and Polaris Drive.
Castaways Park contains natural
habitats, which are separated and
protected from public recreation and
viewing areas.
Westcliff Park, Galaxy Park, and
Bayview Park are bluff top parks Bluff habitat protected at Castaways Park
that provide views of the Upper
Newport Bay. Westcliff Park is accessible from Polaris Drive. Galaxy Park is
accessible from Galaxy Drive. Bayview Park is accessible from Mesa Drive.
The Upper Newport Bay Nature Preserve is a 140 -acre regional park that surrounds
the Upper Newport Bay Marine Park. The park provides hiking, bike, and equestrian
trails and is accessible from Irvine Avenue, University Drive and Bayview Way.
Newporter Knoll is a 12 -acre passive open space area located on the bluff above
Shellmaker Island. The 4 -acre Newporter North View Park is adjacent and provides
a bluff top trail and overlook. The Newporter North View Park is accessible from San
Joaquin Hills Road. Both areas contain natural habitats and the provision of
additional public access must be consistent with the protection these resources.
A 10.74 -acre passive open space and view park is planned for the bluff above the
Newport Dunes. The Upper Bayview Landing park site is located at the northwest
corner of the intersection of Coast Highway and Jamboree Road. This park will
provide views of the bay and serve as a staging area for bicyclists and pedestrians.
Policies:
3.1.2 -1. Protect, and where feasible, expand and enhance public access to and
along coastal bluffs.
3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs (see Section 4.4.3).
3.1.2 -3. Continue to cooperate with the State Department of Parks and Recreation,
the State Department of Fish and Game, the State Coastal Conservancy,
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Orange County, and private organizations to protect, expand and enhance
public access to and along coastal bluffs.
3.1.3 Beach Encroachments
On June 11, 1991, the Coastal +r 4 �_: 4� ,
Commission approved the Oceanfront
Encroachment Policy (Amendment No.
23), which established a policy and
mitigation program relating to private
improvements within the Oceanfront
public right -of -way. The City Council
finalized this policy with the adoption of
Resolution No. 91 -80 on July 11, 1991.
This policy established conditions and
restrictions on the nature and extent of
these improvements and a mitigation
program involving the reconstruction of West Newportstreetend
33 unimproved street ends between 36th
Street and Summit Street to provide additional parking and improved public access.
In 2002, the final five street ends were reconstructed. Pursuant to the mitigation
program, a minimum of 85 percent of the encroachment fees will be used for the
construction and maintenance of improvements which directly benefit the beach -
going public such as parking spaces, restrooms, vertical or lateral walkways along
the beach and similar projects.
Policies:
3.1.3 -1. Continue to maintain and improve the Oceanfront public right -of -way for
public access purposes.
3.1.3 -2. Continue to restrict the nature and extent of improvements that may be
installed over public rights of way on the oceanside of beachfront
residences and to preserve the City's right to utilize oceanfront street
easements for public projects.
3.1.3 -3. Limit the maximum oceanward extent of encroachments to the following
encroachment zones:
A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of
the rear (ocean facing) property line within the oceanward prolongation
of the side property lines.
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B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the
rear (ocean facing) property line within the oceanward prolongation of
the side property lines.
C. 36th Street to E Street. Between A Street and a point 250 feet
southeast of E Street, up to the inland edge of the Oceanfront
Boardwalk (7 to 8 feet oceanward of the rear property line) and within
an oceanward prolongation of the side property lines.
D. E Street to Channel Road. No encroachments are permitted from a
point 250 feet southeast of E Street to Channel Road, with the
exception of landscaping trees existing prior to October 22, 1991 and
groundcover.
3.1.3 -4. Limit encroachments within encroachment zones as follows:
A. Prohibit any structural, electrical, plumbing or other improvements
that require issuance of a building permit.
B. Prohibit pressurized irrigation lines and valves.
C. Prohibit any object that exceeds 36 inches in height, with the
exception of landscaping.
D. Prohibit any encroachments that impact public access, recreation,
views and /or coastal resources.
E. Require landscaping to be designed and maintained to avoid impacts
to public access and views.
F. Restrict landscaping in dune habitat areas to native vegetation.
3.1.3 -5. Require annual renewal of encroachment permits and a fee.
3.1.3 -6. Require encroachment permits to specify that the property owner waives
and gives up any right to contest the validity of the oceanfront street
easement, and that the encroachment permit is revocable, without cause,
if the City proposes to construct public improvements within that zone.
3.1.3 -7. Require encroachment permits to specify that the construction of any
seawall, revetment or other erosion control devices, if necessary, shall
occur within, or as close as feasible to, private property.
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3.1.3 -8. Incorporate into the implementation plan regulations specifying the types
of improvements permitted within encroachment zones, a prohibition on
improvements that could impair or restrict public access or views,
procedures for the encroachment permit applications, City
administration of the policy, and other appropriate provisions.
3.1.3 -9. As mitigation for any impact
on beach access resulting
from the encroachments:
A. Maintain
33
street ends
between
36th
Street and
Summit
to
provide an
average
of
2 parking
spaces
per
street, and
additional spaces where
feasible.
B. Meter West Newport street
West Newport
end parking spaces in the
Newport streeteM improvements
same manner as the West
Newport Park in order to encourage public use of the spaces.
C. Maintain a hard surface walkway perpendicular to Seashore Drive at
Orange Avenue. The walkway shall extend oceanward a sufficient
distance to allow a view of the surfline by an individual seated in a
wheelchair. At least one handicapped parking space shall be
designated at the Orange Avenue street end and at least one other
handicapped parking space at one other West Newport street end.
D. Require a minimum of 85 percent of the fees generated by
encroachments will be used for the construction and maintenance of
improvements which directly benefit the beach -going public such as
parking spaces, restrooms, vertical or lateral walkways along the
beach and similar projects.
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3.1.4 Bay /Harbor Encroachments
Shore connected structures, such as
piers, floats, and bulkheads have long
been permitted in the bay and harbor.
Newport Beach, in conjunction with
Federal, State, and County agencies, has
established a set of Harbor Lines to
define bayward limits for various types of
structures. Harbor Lines and other
regulations were originally established to
insure navigable channels and safe
harbor operations and to minimize
conflicts with adjacent properties.
However, such regulations are
increasingly used as a means of
protecting public views and public access.
Policies:
Residential piers
3.1.4 -1. Continue to regulate the construction of bay and harbor structures
within established Bulkhead Lines, Pierhead Lines, and Project Lines.
3.1.4 -2. When applicable, continue to require evidence of approval from the
County of Orange, Coastal Commission, U.S. Army Corps of
Engineers, and other resource management agencies, prior to issuing
permits.
3.1.4 -3. Design and site piers, including remodels of and additions to existing
piers so as not to obstruct public lateral access and to minimize
impacts to coastal views and coastal resources.
3.1.4 -4. In residential areas, limit structures bayward of the bulkhead line to
piers and floats. Limit appurtenances and storage areas to those
related to vessel launching and berthing.
3.1.4 -5. Encourage the joint ownership of piers at the prolongation of common
lot lines as a means of reducing the number of piers along the
shoreline.
3.1.4 -6. Continue to prohibit private piers at street ends.
3.1.4 -7. Design and site bulkheads to protect the character of the existing
shoreline profiles and avoid encroachment onto public tidelands.
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3.1.4 -8. Limit bulkhead expansion or encroachment into coastal waters to the
minimum extent necessary to repair, maintain, or replace an existing
bulkhead and do not allow the backfill to create new usable residential
land areas.
3.1.5 Private /Gated Communities
Throughout Southern California, access to the shoreline is restricted to the public
due to private residential communities. Exclusive gated communities in some cases
totally circumvent public access to the shoreline. Such communities present a major
issue in terms of protecting, expanding, and enhancing coastal access.
Most of the shoreline in Newport Beach is publicly owned and accessible. However,
there are a few private residential communities that impede public access to and
along the shoreline. These communities are Balboa Coves, Bay Island, Bayshores,
Bayside Place, Collins Island, De Anza Bayside Village, Linda Isle, and Harbor
Island. Some of these communities are on small private islands. They do not impede
access to public beaches, coastal parks, trails, or coastal bluffs; however, they do
block public access to and along their immediate shoreline. Balboa Coves, Bayside
Place, Bayshores and De Anza Bayside Village are on the mainland, but are situated
so as not to block public access other than to their immediate shoreline. In all of
these areas, the shoreline consists mainly of bulkheads with a few small and isolated
sandy beaches.
De Anza Bayside Village
Balboa Coves. Balboa Coves is a 68 -lot single - family gated community located on
the Newport Island Channel southwest of the Newport Boulevard /Coast Highway
Bridge. The community is accessible from Coast Highway via Balboa Coves, a
private street. The shoreline is on the south side of the community and consists of a
series of manmade coves with narrow sandy beaches.
Bay Island. First developed around 1904, Bay Island is a 25 -unit (currently
developed with 24 units, including one caretaker's unit) single family cooperative on
a private island in the Newport Channel. A gated pedestrian bridge at the end of
Island Avenue connects Bay Island with the Balboa Peninsula. Motor vehicles are
prohibited on the island. Off - street parking for residents is provided at a 48 -space
parking structure located at 501 West Bay Avenue. The shoreline consists mainly of
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bulkheads, with the exception of the east side of the island, which has a relatively
wide sandy beach.
Bayshores. Developed in 1941, Bayshores is a 258 -lot single - family gated
community located on the Lido Channel southwest of the Coast Highway /Newport
Bay Bridge. The 39 -unit Anchorage Apartments is also located within the
community. The community is accessible from Coast Highway via Bay Shores
Drive, a private street. The shoreline is on the south and east sides of the
community and consists of bulkheads and two small sandy beaches.
Bayside Place. Bayside Place is a 7 -lot single - family gated community located off of
the 2300 block of Bayside Drive. The community is accessible from Bayside Drive
via Bayside Place, a private street. The shoreline (Carnation Cove) consists of
bulkheads and rocky beaches. Public access to the shoreline is available at an
adjacent street end pocket park.
Collins Island. Created in 1906, Collins Island is a 7 -lot single - family community on a
private island in the Balboa Island Channel. A gated bridge at the end of Park
Avenue connects Collins Island with Balboa Island. The shoreline consists of
bulkheads.
De Anza Bayside Village. De Anza Bayside Village is a 343 -space mobile home
park located on the Upper Newport Bay adjacent to the Newport Dunes. The
community is accessible to Bayside Drive via Bayside Way, a private street. The
shoreline is on the north side of the community and consists of bulkheads and a
small sandy beach at the community center. The community includes the
undeveloped De Anza / Bayside Marsh Peninsula.
Harbor Island. Developed in 1926,
Harbor Island is a 35 -lot single - family
community on a private island located
between Linda Isle and Collins Island. A
gated bridge connects Harbor Island to
the mainland at the end of Harbor Island
Road. The shoreline consists mainly of
bulkheads. The State, through the
adoption of Chapter 715, Statues of
1984, found that tidelands surrounding
Harbor Island are generally inaccessible
to the public and not suitable for public
trust uses (see Section 2.5.2).
Harbor Island
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Linda Isle. Created in 1933 and developed in the 1960s, Linda Isle is a 107 -lot
single - family community on a private island southwest of the Coast Highway Bridge.
A gated bridge connects Linda Isle to the mainland at Bayside Drive. The shoreline
consists of bulkheads and a small sandy beach.
All of these communities are long established. New development is generally of a
type and scale that does not have a direct adverse impact on existing public access.
Such new development generally consists of additions or demolition and subsequent
reconstruction of existing structures. Requiring public access under such
circumstances would not present a reasonable relationship between the exaction
and a project and would be disproportionate to the impact. However, new
development resulting in significant increases in land use density or intensity would
have the potential to have a direct adverse impact on public access. Similarly, new
development that limits or eliminates private recreational facilities within such
communities could place additional demand on public recreational facilities, including
beaches. Under such circumstances, public access mitigation in a manner
consistent with the public access policies of the Coastal Land Use Plan would be
required.
Policies:
3.1.5 -1. Prohibit new development that incorporate gates, guardhouses, barriers or
other structures designed to regulate or restrict access where they would
inhibit public access to and along the shoreline and to beaches, coastal
parks, trails, or coastal bluffs.
3.1.5 -2. Prohibit new private streets, or the conversion of public streets to private
streets, where such a conversion would inhibit public access to and along
the shoreline and to beaches, coastal parks, trails, or coastal bluffs.
3.1.5 -3. Require public access consistent with public access policies for any new
development in private /gated communities causing or contributing to
adverse public access impacts.
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3.1.6 Preferential Parking Districts
Newport Island
In Newport Beach, there is only one
preferential parking district in the
coastal zone. It was established for
Newport Island in 1981 due to
impacts associated with vehicle
parking on streets and alleys by
nonresidents for extended periods of
time. The establishment of the
Newport Island preferential parking
district was determined not to
adversely impact coastal access
and recreation due to the island's
isolated location, lack of beaches
and swimming areas, and narrow
streets.
The establishment of additional preferential parking districts may be necessary
where no other practical or feasible alternative exists to protect the public health,
safety, and general welfare. Under such circumstances, if there is a direct impact to
coastal access or recreation, preferential permit parking fees could be established to
fund mitigation programs.
Policies:
3.1.6 -1. Prohibit the establishment of new preferential parking districts in the
coastal zone except where such restrictions would not have a direct
impact to coastal access, including the ability to use public parking.
3.1.6 -2. Require a coastal development permit to establish new, or modify
existing, preferential parking districts.
3.1.6 -3. Use preferential parking permit fees to fund programs to mitigate
impacts to coastal access.
3.1.6 -4. Where appropriate, establish a graduated preferential parking permit
fee schedule where progressively higher fees are required for each
permit for households with multiple permits.
3.1.6 -5. Limit the number of preferential parking permits issued per household
to reduce potential adverse impacts to public access.
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3.1.7 Temporary Events
22"0 Street Beach
Newport Beach's coastal areas have
long been the venue for temporary
events, including film production,
surfing contests, volleyball
tournaments, runs, races, concerts,
boat shows, and other such
competitions, exhibitions, and
events. Also, a number of view
parks have become popular
locations for large private
gatherings. The nature and
frequency of such events has raised
concerns relating to their impact to
coastal resources, public access,
and on adjacent residential areas,
during these events.
Newport Beach regulates temporary events by requiring special event permits. It is
City policy that athletic contests using City streets are not permitted during the
summer (June 15 - September 15). Surfing contests are not permitted during the
Memorial Day weekend or during the summer. There are also limits on the number
of such events that can be conducted each year and a minimum number of weeks
between each surfing contest. However, exceptions can be granted.
Inspiration Point and Lookout Point have become popular locations for weddings and
other events. Peninsula Park is also a popular location for weddings, as well as
company picnics and other private gatherings. Excessive reservations for the use of
these parks has seriously limited public access. Furthermore, the use of these parks
by caterers, parry rental companies, professional party, event, or wedding planners
for private parties presented the appearance of commercialization of public parks.
This prompted the establishment of a policy placing restrictions on reservations from
the Memorial Day weekend to the Labor Day weekend. The number of attendees or
participants at any one time is also restricted.
Policies:
3.1.7 -1. Continue to require special event permits for temporary events and
continue to require applications to provide details on event
characteristics, including duration (including set up /assembly and
break down /dismantle start and completion times), event hours, per
day estimated attendance, parking arrangements, traffic control,
noise control, waste removal, insurance, equipment to be used, food
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service, entertainment, sponsorships, and advertising and marketing
plans.
3.1.7 -2. Condition special event permits for temporary uses in the coastal
zone to minimize impacts to public access, recreation and coastal
resources.
3.1.7 -3. Continue to limit the number and frequency of temporary events in
the coastal zone held from the Memorial Day weekend to Labor Day.
3.1.7 -4. Require a coastal development permit for temporary events held in
the coastal zone that meet all of the following criteria:
1. Held between the Memorial Day weekend and Labor Day;
2. Occupy any portion of a public sandy beach area; and
3. Involve a charge for general public admission where no fee is
currently charged for use of the same area.
A coastal development permit shall also be required for temporary
events that do not meet all of these criteria, but have the potential to
result in significant adverse impacts to public access, recreation
and /or coastal resources.
Peninsula Park
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3.1.8 Temporary Closures
For many years, large crowds have
been drawn to the streets of West
Newport during the Independence
Day holiday. The party
atmosphere that pervades the area
attracts these crowds. Large
parties are held at many of the
rental homes in the area, which
often extend into the front yards
and balconies, and even onto
rooftops. The large crowds, the
consumption of alcohol and the
interaction between partygoers and
Independence Day crowds in West Newport the crowds in the streets has
resulted in an average of over 170 arrests and over 1,350 citations each year. The
potential for a serious outbreak of violence exists throughout the daylight hours and
increases dramatically in the evening. This environment dissuades visitors and
residents from enjoying the beach or bay during Independence Day.
The City has tried to reduce illegal drinking and minimize the potential for violence by
significantly increasing the number of police and temporarily closing certain streets to
pedestrians and visitors. The street closures do not restrict access to the beach but
do function to fragment the crowds and reduce the number of people parading along
Seashore Drive — an area where most arrests are made. The street closures are
temporary — typically lasting less than twenty -four hours.
Policies:
3.1.8 -1. Pursuant to the Section 21101 of the Vehicle Code, the City may adopt
rules and regulations regarding the temporary closing of portions of any
street for celebrations, parades, local special events, and other purposes
when necessary for public safety.
3.1.8 -2. The City may temporarily close certain streets in West Newport for a
period of no more than twenty -four hours during the Independence Day
holiday 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.
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3.2 Recreation and Support Facilities
Coastal Act policies related to recreation and support facilities that are relevant to Newport
Beach include the following;
30212.5. Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed
throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public
of any single area.
30213. Lower cost visitor and recreational facilities shall be pmtecled, encouraged, and, where feasible, provided.
Developments providing public recreational opporlur ities are preferred.
30220. Coastal areas suited for wateroriented recreational activities that cannot readily be provided at inland water areas
shall be protected for such uses.
30221. Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present
and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property
is already adequately provided for in the area.
30222. The use of private lands suitable for visitor- serving commercial recreational facilities designed to enhance public
opportunities for. coastal redeaflon shall have priority over private residential, general industrial, or general commercial
development:. but not over agriculture; or coastal-dependent industry. - - -
30221 : Upland -areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.
30252 - -The location and amount of new development should maintain and enhance public access to the mast by (1)
facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential
development or: in other areas thatwill minimize the use of coastal amess roads_(3) providing nonautomobile circulation
within the development, (4) providing . adequate: parking facilities or providing substitute means of serving the development
with public transportation, (5) assuring the - potential for public transit for high intensity uses such as high -rise office buildings,
and by (6) assuring that, the recreational. needs of new residents will not overload nearby coastal recreation areas by
correlating, the - amount of. development with local, park acquisition and development plans with the provision of onsile
recreational facilities to serve the new development. -
3.2.1 Recreational Opportunities
Throughout its history, Newport Beach has been a
major recreational center. There are over 8 miles of
sandy beaches that provide opportunities for
sunbathing, volleyball, swimming, surfing, windsurfing
and other recreational activities. Beach attendance
averages 9.4 million people annually. Newport Bay
and Harbor are used for a wide variety of recreational
activities, including boating, diving, excursions,
fishing, kayaking, paddle boarding, parasailing,
rowing, sailing, swimming, and windsurfing.
The City provides approximately 180 acres of public
parks in the coastal zone (see Coastal Access and
Recreation Map). These parks provide areas and
facilities for a variety of recreational activities. The
City also provides two recreational piers. The 800 -
foot Newport Pier is located at the end of Newport
Boulevard (McFadden Place) in McFadden Square.
Beach near Balboa Pier
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The 950 -foot Balboa Pier is located at the end of Main Street in Balboa Village.
The City also provides ten public docks in the harbor, which can be used for boat
launching and fishing. The City and County also co -own the Newport Aquatic
Center. Located on Northstar Beach, the Newport Aquatic Center provides an
opportunity for the public and members to kayak and canoe in Upper Newport Bay
as well as advanced training facilities for world -class athletes.
The County and the State also operate recreational areas in Newport Beach. The
County's 100 -acre Newport Dunes Aquatic Park provides opportunities for
camping, boating, canoeing, kayaking, swimming and other water and beach
activities. The 752 -acre Upper Newport Bay Marine Park and 140 -acre Upper
Newport Bay Nature Preserve provide opportunities for canoeing, kayaking,
horseback riding, biking, and hiking.
Commercial areas adjacent to beaches and the bay play an important role in
providing and enhancing recreational activities in the coastal zone. A large number
of businesses provide recreational services to residents and visitors of the coastal
zone. These include charter, entertainment and excursion vessels, sports equipment
rentals, launching facilities, amusement facilities, and shops and restaurants.
Policies:
3.2.1 -1. Protect, and where feasible, expand and enhance recreational
opportunities in the coastal zone.
3.2.1 -2. Continue to provide opportunities for a wide range of recreational
activities at City parks and beaches.
3.2.1 -3. Provide adequate park and recreational facilities to accommodate the
needs of new residents when allowing new development.
3.2.1 -4. Continue to cooperate with the State Department of Parks and
Recreation, the State Department of Fish and Game, and Orange
County to protect, expand and enhance opportunities for
recreational activities at County and State beaches and parks.
3.2.1 -5. Continue to allow recreational commercial uses in commercial areas
adjacent to beaches and the bay.
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3.2.2 Support Facilities and Services
Newport Beach provides abundant coastal access and recreational opportunities.
However, it is equally important to provide adequate support facilities and services to
enable the public to fully avail themselves of these opportunities. Support facilities
include parking, restrooms and showers. Support services include lifeguard services
and instruction and education programs. It is also important that such facilities and
services be well distributed throughout the area to avoid overcrowding or overuse by
the public (see Support Facilities Map).
The lack of informational signage to direct the public to support facilities can
impede public access. Many of Newport Beach's smaller beaches are difficult to
find and access to some coastal areas is not easily apparent due to intervening
topography or development. Furthermore, coastal visitors seeking support
facilities can impact residents and coastal resources. For example, coastal visitors
searching for parking areas contribute to traffic congestion and noise. Visitors
sometimes damage habitats and bluffs to reach coastal areas when paths or trails
are not clearly identified. A comprehensive coastal access signing program will
reduce these impacts and ease conflicts between property owners and coastal
visitors.
Parking
West Newport. West Newport has over a
mile and a half of wide sandy public
beaches. Public parking is provided
primarily by 240 spaces at West Newport
Park and by on- street parking in the
residential neighborhoods, including an
average of two on- street parking spaces
at beach street -ends between 36th Street
and Summit Street.
Balboa Island. Balboa Island has approximately 8 acres of public beaches around
the island. Public parking is provided exclusively by on- street spaces.
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Corona del Mar. Corona del Mar has the Corona del Mar State Beach and Little
Corona, China Cove, and Rocky Point beaches. Public parking is provided primarily
by the 540 -space parking lot at the Corona del Mar State Beach and on- street
parking on Ocean Boulevard.
Upper Newport Bay. Public parking for the Upper Newport Bay area is provided at
various recreation areas around the bay. The North Star Beach facility provides an
80 -space parking lot. The Upper Newport Bay Nature Preserve provides a parking
area with approximately 103 spaces and on- street parking is also available on
University Drive and Bayview Way. The parking for The Lookout at the corner of
Back Bay Drive and Eastbluff Drive is provided on- street at Eastbluff Drive. The
Newport Dunes Aquatic Park provides 784 day use parking spaces; approximately
70 spaces are planned at the Back Bay Science Center at Shellmaker Island.
Recreation and Convenience Facilities
Newport Beach provides a number of
recreational facilities to enhance the
enjoyment of the beaches, bay, and
coastal parks. At the beaches, between 65
and 75 beach volleyball courts are typically
provided and play courts and /or sports
fields are provided at West Newport Park,
Channel Place Park, Newport Island Park,
38"' Street Park, Las Arenas Park, Newport
Elementary School, and at the Balboa
Island Community Center. Turf areas
and /or playground equipment are also
provided at most coastal parks. The
County's Newport Dunes Aquatic Park also
provides recreational facilities.
Picnic tables near Newport Pier
Newport Beach provides a number of facilities for the convenience of residents and
coastal visitors. At the beaches, picnic facilities are provided at West Newport Park,
the Newport Pier area, 15'" Street Beach, the Balboa Pier area, West Jetty Park, Las
Arenas Park, and Corona del Mar State Beach. Barbecues are provided at Channel
Place Park, Newport Island Park, Veteran's Memorial Park, Peninsula Park, and
Corona del Mar State Beach. In addition, approximately 70 fire rings are provided in
the Balboa Pier area and Corona del Mar State Beach.
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Beach restrooms are provided at
Newport Pier, 15fb Street Beach, Balboa
Pier, Balboa Village, Las Arenas,
Corona del Mar State Beach, and Little
Corona Beach. On Balboa Island,
restrooms are provided at the ferry
landing, the community center, and at
the fire station on Marine Avenue.
Restroom facilities are also provided at
most active coastal parks. Most beach
restroom facilities include showers.
Additionally, freestanding showers are
provided at Newport Pier and 15th Street
Restroom and shower facilities at Balboa Pier Beach. Restroom and /or shower
facilities are also provided at the County's Upper Newport Bay Nature Preserve, and
at the Newport Dunes Aquatic Park.
Services and Programs
Newport Beach is regarded as having one of the finest lifeguard services in the
world. In 2003, Newport Beach provides 16 fulltime lifeguards and 180 seasonal
lifeguards operating out of up to 40 lifeguard towers. The lifeguard fleet consists of
13 trucks and 3 rescue boats. Newport Beach lifeguards average 4,100 rescues,
83,000 preventative actions, 3,400 medical aid calls, and 570 lost person calls each
year.
The Junior Lifeguard Program continues
to be the most popular program during the
summer months, drawing about 1,200
participants each year. It has provided
invaluable training in water safety
practices and rescue techniques to over
20,000 youths since its inception in 1983,
and is a prime source for identifying future
lifeguards.
Newport Beach offers "beach camps' for
children in the summer months, allowing
children from all communities to enjoy a
week at the beach. Also countless day Junior lifeguard training
camps visit the beaches for their field trips. Newport Beach also provides instruction
in a number of coastal recreation activities, including volleyball, surfing, and sailing.
In 2003, Newport Beach has a fleet of 14 Sabots and 3 Lidos, which are used to
teach over 200 children a year to sail. Newport Beach also conducts volleyball and
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surfing tournaments.
Educational and Interpretative Facilities
The City, County, and private organizations provide several coastal - related
educational and interpretative facilities and programs.
Located in the Upper Newport Bay Nature Preserve, the Muth Interpretative Center
is a 10,000 square foot educational facility, which provides exhibits and programs on
the ecology of the Upper Newport Bay. The Back Bay Science Center planned for
Shellmaker Island will include exhibits for water quality education and research
programs and ecological interpretive stations.
Located on a replica of a Delta paddlewheeler, the Newport Harbor Nautical
Museum Marine provides exhibits and programs on the nautical heritage of Newport
Harbor, Southern California and the Pacific Region.
Tide pool excursion at Little Corona
The Little Corona tide pools in the
Newport Beach Marine Conservation Area
receives thousands of visitors each year.
The Little Corona tide pools are managed
by the Newport Beach's Tidepool Ranger
program. Tidepool Rangers are trained
volunteers who educate and interact with
visitors to the tide pools. Tidepool
Rangers inform visitors of the rules and
regulations of the Marine Conservation
Area and protect tide pool resources.
The great number and variety of support facilities and services reflects Newport
Beach's commitment to protecting and enhancing public coastal access and
recreational opportunities. However, changes in demographics and recreational
interests have and will continue to alter the public's demand for support facilities and
services. Therefore, it is important that Newport Beach continue to have the ability to
respond to these changes while continuing to provide comparable facilities and
levels of service.
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Policies:
3.2.2 -1. Continue to protect public coastal access recreational opportunities
through the provision of adequate support facilities and services.
3.2.2 -2. Distribute support facilities and services in coastal areas to avoid
overcrowding and overuse by the public.
3.2.2 -3. Maintain the ability to distribute, remove and relocate support facilities
and services in coastal areas in response to changes in demographics
and recreational interests while continuing to provide comparable
facilities and levels of service.
3.2.2 -4. Develop parking management programs for coastal zone areas to
minimize parking use conflicts between commercial uses, residential
uses, and coastal zone visitors during peak summer months.
3.2.2 -5. Continue to cooperate with the State Department of Parks and
Recreation, the State Department of Fish and Game, Orange
County, and private organizations to protect, expand and enhance
support facilities and services at County and State beaches and
parks.
3.2.2 -6. As part of a uniform coastal access signing program, provide
information to direct the public to parking areas, restrooms, and other
support facilities.
Newport Pier Park
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3.2.3 Access for Persons with Disabilities
People with disabilities that limit their mobility require special improvements in order
to be afforded access to coastal resources. Newport Beach is working to ensure that
persons with disabilities have access to coastal areas through the retrofitting of
existing public facilities or the construction of new facilities.
West Newport/Balboa Peninsula. With relatively level
terrain, West Newport and the Balboa Peninsula
provide a good point of coastal access for people with
disabilities. Parking spaces for the disabled are
provided at West Newport Park, the Newport Pier,
and the Balboa Pier. Accessible restrooms are also
provided at these locations. The Oceanfront
Boardwalk provides a smooth level pathway along
the beach for almost the entire length of the
peninsula. Newport Pier and Balboa Pier are also
accessible and have smooth concrete decks.
Hard surface pathways are provided at 11th Street,OEM 12 Street, Orange Street, and Island Avenue. These pathways extend oceanward to allow a view of
the surfline by persons in wheelchairs. Sidewalks Island Avenue disabled access
along the perimeter of parking lots at Newport Pier
and Balboa Pier and at the Newport Elementary School playground also provide
access near the surfline. Newport Beach also provides beach wheelchairs at the
lifeguard headquarters at Newport Pier.
Upper Newport Bay. Castaways Park is accessible, with parking spaces and
restrooms for the disabled provided at Bob Henry Park. Castaways Park has trails
and overlooks that provide panoramic views of the Newport Bay and the Pacific
Ocean. Parking spaces for the disabled are provided at the Newport Aquatic Center.
The Newport Aquatics Center provides recreation and launching facilities.
At the Upper Newport Bay Nature Preserve, parking spaces and restrooms for the
disabled are provided at the Muth Interpretative Center. The Muth Interpretative
Center also hosts many wheelchair - accessible programs, including walks with local
naturalists and campfire events for families.
The Newport Dunes Aquatic Park also provides access to the Upper Newport Bay.
Parking spaces and restrooms for the disabled are provided and all buildings and
boardwalks are accessible.
The Upper Newport Bay is also accessible via Back Bay Drive, which provides
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access to and along the easterly side of the bay. Parking spaces and restrooms
for the disabled are provided at the Newport Dunes Aquatic Park.
Balboa Island. Public parking is limited to on- street spaces. The Bay Front
Boardwalk is accessible most of the way around the island; however, a low sea
wall separates the walkway from the beaches. Accessible public restrooms are
provided at the Balboa Island Fire Station on Marine Avenue and the ferry landing.
Corona del Mar. Parking spaces for
the disabled are provided at Corona
del Mar State Beach parking lot. A
paved pathway is provided on top of
the East Jetty and allows views of
the harbor entrance and the ocean.
Both restroom buildings are
accessible. A beach wheelchair is
also provided at the lifeguard
facility.
Lookout Point and Inspiration Point Inspiration Point
view parks are also accessible and
provide spectacular views of the harbor entrance and Pacific Ocean.
Policies:
3.2.3 -1. Ensure that planned public facilities include provisions for adequate
access for the persons with disabilities and that existing facilities are
appropriately retrofitted to include such access as required by the
Americans with Disabilities Act in a manner consistent with the
protection of coastal resources.
3.2.3 -2. Continue to provide beach wheelchairs commensurate with demand.
3.2.3 -3. Design guardrails on piers, trails, and public viewing areas to take into
consideration the views at the eye level of persons in wheelchairs.
3.2.3 -4. Encourage the State Department of Parks and Recreation, the State
Department of Fish and Game, and Orange County to provide
accessible facilities at County and State beaches and parks.
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3.3 Vessel Launching, Berthing, and Storage
Newport Harbor is the largest small craft harbor in the United States with over 9,000
boats at 2,119 commercial slips and side ties, 1,221 bay moorings, and 1,230 piers.
Newport Beach recognizes the importance of protecting and enhancing services and
facilities that are essential to a working harbor.
3.3.1 Vessel Launching
Vessel launching refers to areas or facilities where
vessels may be placed into and retrieved from the
water. This could be as simple as hand - carried
boat launching at a beach, or involve structures,
such as ramps and docks, or equipment such as
cranes, lifts, and hoists.
Newport Harbor provides a variety of locations and water area.*Nn Lower. Newport Bay?
facilities for vessel launching. public trailer Vedlin"I'� ' "'p0"� ON sae°f
9 • P the Upper Newport Bay trianre Park
launching facility with 7 lanes is located at the
Newport Dunes Aquatic Park. Hand carried boat
launching is permitted at Newport Aquatic Center at North Star Beach, the Orange
County Harbor Patrol facility, and at 21 street end beaches on the Balboa Peninsula
and 22 street end beaches on Balboa Island.
Vessel launching facilities are provided at the Orange Coast College David A. Grant
Collegiate Rowing Center and the Boy Scout Sea Base in association with their
programs. Private vessel launching sites are also provided at commercial marinas
and boat yards. Yacht clubs and boating associations also provide vessel launch
sites for their members.
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Policies:
3.3.1 -1. Protect, and where
feasible, expand and
enhance vessel -
launching facilities in
Newport Harbor.
3.3.1 -2.
Protect, and where
feasible, expand and
enhance low -cost public
launching facilities, such
as trailer launch ramps,
boat hoists, commercial I? Street public dock
landing facilities, and
organized recreational boating launch facilities.
3.3.1 -3. Develop and implement a signage program to assist boat
owners /operators and the public to locate public launching facilities.
3.3.2 Berthing and Storage
Berthing refers to areas or facilities intended for the storage of a vessel in water.
These can involve anchorage and mooring areas, marinas, or individual slips. In
addition to the simple docking or mooring of vessels by their owners, berthing can
also be associated with boat rentals, vessels used in the charter boat industry,
brokered vessels stored for sale, yacht and sailing clubs, and vessels staged for
entry into upland shipyards.
Offshore moorings
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Newport Beach provides over 1,200 bay moorings in the harbor. Approximately 450
are onshore moorings (moorings linked to the beach) and 750 are offshore moorings
(moorings anchored into the Harbor floor). The County Harbor Department provides
a guest mooring area offshore of the Harbor Patrol facility.
Anchorages are water areas outside of navigation channels designated for the
temporary anchorage of vessels, using their own anchoring tackle. A free public
anchorage area is provided off of Lido Isle.
Newport Harbor has 16 marinas providing over 2,100 slips. The 172 -slip Balboa
Yacht Basin is city -owned and operated. Guest slips are provided at the Orange
County Harbor Patrol facility and at several commercial marinas.
Newport Beach also provides 5 public docks on the Balboa Peninsula and 5 public
docks on Balboa Island for loading and unloading passengers, supplies, and boating
gear and for similar purposes. A guest dock is also planned for the Rhine Wharf.
A large number of vessels are berthed at piers. Most of Newport Harbor's over
1,200 piers are connected to residential properties. Commercial piers are used
primarily to berth charter, entertainment, and excursion vessels and vessels for sale
or rent.
The Rhine Channel
Policies:
Dry storage of vessels is on -land
storage of vessels including vessels
normally stored in open or enclosed rack
structures, on trailers, on cradles, on
boat stands, or by other means.
Commercial dry storage facilities are
provided at the Newport Dunes Aquatic
Park and at some boat yards. Some
yacht clubs, boating associations, and
community associations provide dry
storage for their members.
3.3.2 -1. Provide a variety of berthing opportunities reflecting State and regional
demand for slip size and affordability throughout Newport Harbor.
3.3.2 -2. Protect, and where feasible, enhance and expand marinas and dry
boat storage facilities.
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3.3.2 -3. Continue to provide shore moorings and offshore moorings as an
important source of low -cost public access to the water and harbor.
3.3.2 -4. Provide anchorages in designated areas, which minimize interference
with navigation and where shore access and support facilities are
available.
3.3.2 -5. Continue to enforce the
ordinances that require
moored and docked
vessels to be seaworthy
and navigable and thereby
preserve the positive image
of the harbor and promote
public use of the water.
3.3.2 -6. Protect,
and where
feasible,
enhance and
expand
guest docks at
public facilities, yacht clubs
and at
privately owned -
marinas,
restaurants and
other appropriate locations.
10 Street boat launch and onshore rn onngs
3.3.2 -7. Protect, and where feasible, expand and enhance facilities and
services for visiting vessels, including public mooring and docking
facilities, dinghy docks, guest docks, club guest docks, pump -out
stations and other features, through City, County, and private means.
3.3.3 Harbor Support Facilities
Harbor support facilities are uses, equipment, and vessels that provide repair,
maintenance, new construction, parts and supplies, fueling, waste removal, cleaning,
and related services to vessels berthed in, or visiting the harbor. Harbor support
facilities are considered essential to maintaining a working harbor.
Increased environmental regulation and real estate price inflation in coastal
communities have impacted a number of harbor support businesses. Those
businesses that do not have to be on the water have moved to inland locations.
Those that are more water dependent have been involved in land use conflicts with
residential and other land uses. Newport Beach has used land use controls as the
primary method to provide for the continuation of harbor support uses and minimize
land use conflicts. However, additional strategies and incentives may be necessary
to protect these facilities.
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Marine service station
Policies:
3.3.3 -1. Protect, and where feasible, expand and enhance facilities necessary
to support vessels berthed or moored in the harbor, such as boat haul
out facilities.
3.3.3 -2. Protect, and where feasible, expand and enhance existing harbor
support uses serving the needs of existing waterfront uses,
recreational boaters, the boating community, and visiting vessels.
3.3.3 -3. In considering the essential nature of land uses that support the
harbor, consider whether or not such support uses can be relocated to
inland locations and /or if technological advances will eliminate the
need such support uses in the foreseeable future.
3.3.3 -4. Support private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are
not provided by the public sector and that are essential to the operation
of a working harbor.
3.3.3 -5. Develop strategies to preserve uses that provide essential support for
the vessels berthed or moored in the Harbor.
3.3.3 -6. Develop and implement a signing program to assist owners /operators
of visiting vessels to locate harbor support facilities.
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4.0 Coastal Resource Protection
4.1 Biological Resources
Coastal Act policies related to biological resources that are relevant to Newport Beach
include the following:
30230. Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be
given to areas and species of special biological or economic significance. Uses of the marine environment shall be
carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for ,long -term commercial, recreational, scientific, and
educational purposes.
30231. The biological productivity and the quality of coastal, waters, streams, wetlands, estuaries,. and lakes
appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be
maintained and, where feasible, restored through, among other. means,_ minimizing adverse effects of waste water
discharges and entrainment, controlling runoff, preventing; depletion, of ground water suppliesi and substantial
interference with surface waterflow, encouraging waste water, reclamation, maintaining natural vegetation buffer areas
that protect riparian habitats, and minimizing alteration of natural streams.
30240. (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat
values, and only uses dependent on those resource 'shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive . habitat areas and parks and recreation
areas shall be sited and designed to prevent impacts which Would significantly degrade tfwse areas; and shall be
compatible with the continuance of those habitat and recreation-areas.
4.1.1 Environmentally Sensitive Habitats
Section 30107.5 of the Coastal Act
defines "environmentally sensitive
area" as "any 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." Section
30240 of the Coastal Act requires that
environmentally sensitive habitat
areas (ESHAs) be protected against
any significant disruption of habitat
values. Only uses dependent on
those resources are allowed within
ESHAs and adjacent development mu:
that would significantly degrade the
continuance of the ESHA.
Upper Newport Bay Marine Park
t be sited and designed to prevent impacts
ESHA and must be compatible with the
The Coastal Act criteria for determining whether an area qualifies as an ESHA are
based upon ecological importance, including the rarity or function of the habitat,
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and the habitat's sensitivity. Rarity relates to either the natural limited occurrence
of the habitat in the region or of the diminishment of what was an extensive habitat
due to cumulative losses. Function relates to the importance of the habitat to the
ecosystem, such as functioning as a migration corridor for wildlife. Sensitivity
relates to the habitats tolerance to disturbance or degradation.
The following terrestrial (non- marine) natural communities are known to occur
within the coastal zone in Newport Beach and the City's sphere of influence:
• Dune habitats, including southern coastal foredunes and southern dune
scrub.
• Scrub habitats, including southern coastal bluff scrub, maritime succulent
scrub, and Diegan coastal sage scrub.
• Chaparral habitats, including southern mixed chaparral and southern
maritime chaparral.
• Riparian habitats, including southern willow scrub, southern coast live oak
riparian forest, southern cottonwood willow riparian forest, southern arroyo
willow forest, southern black willow forest, and southern sycamore alder
riparian woodland.
• Marsh habitats, including coastal brackish marsh, coastal freshwater marsh,
and southern coastal salt marsh.
• Southern coastal needlegrass grassland.
Southern hardpan vernal pools.
Freshwater seeps.
• Alkali meadows.
The California Department of Fish and Game's (CDFG) "List of California
Terrestrial Natural Communities Recognized by the California Natural Diversity
Database' (CNDDB) provides an inventory of California's natural communities and
identifies those that are considered rare because of their highly limited distribution.
These rare communities may or may not contain individual species that are rare,
threatened, or endangered.
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In determining whether a habitat area meets the statutory definition of ESHA
contained in Section 30107.5 of the Coastal Act and should be designated as an
ESHA, the following attributes need to taken into consideration:
• The presence of natural communities that have been identified as rare by
the California Department of Fish and Game.
• The recorded or potential presence of plant or animal species designated
as rare, threatened, or endangered under State or Federal law.
• The presence or potential presence of plant or animal species that are not
listed under State or Federal law, but for which there is other compelling
evidence of rarity, such as designation as a 1B or 2 species by the
California Native Plant Society.
• The presence of coastal streams.
The degree of habitat integrity and connectivity to other natural areas.
Several of the natural communities that occur in Newport Beach are designated
rare by the CDFG and are easily disturbed or degraded by human activity and
therefore are presumed to meet the definition of ESHA under the Coastal Act.
These include southern dune scrub, southern coastal bluff scrub, maritime
succulent scrub, southern maritime chaparral, southern willow scrub, southern
cottonwood willow riparian forest, southern arroyo willow forest, southern black
willow forest, southern sycamore alder riparian woodland, and southern coastal
purple needlegrass grassland.
Although not all riparian habitat types are rare throughout the state, in southern
California over 90% of the original riparian habitats had been lost to development
by 1989. All remaining native riparian habitats in southern California, including
southern coast live oak riparian forest, meet the definition of ESHA both because
of their rarity and because of their important roles in the ecosystem. For example,
many species of birds nest and roost in riparian habitat but forage in adjacent
coastal sage scrub and chaparral.
Another important habitat within the City of Newport Beach is coastal sage scrub
(CSS). Although CSS has suffered enormous losses in California (estimates are
as high as 85 %), there are still thousands of acres in existence and this
community type is no longer listed as rare by CDFG. Nevertheless, where CSS
occurs adjacent to coastal salt marsh or other wetlands, or where it is documented
to support or known to have the potential to support rare species such as the
coastal California gnatcatcher, it meets the definition of ESHA because of its
especially valuable role in the ecosystem. CSS is important transitional or "edge'
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habitat adjacent to saltmarsh, providing important functions such as supporting
pollinators for wetland plants and essential habitat for edge- dependent animals
like several species of butterflies that nectar on upland plants but whose
caterpillars require wetland vegetation. CSS also provides essential nesting and
foraging habitat for the coastal California gnatcatcher, a rare species designated
threatened under the Federal Endangered Species Act.
Wetland habitats with the City of Newport Beach that may meet the definition of
ESHA include coastal brackish marsh, coastal freshwater marsh, southern coastal
salt marsh, southern hardpan vernal pools, freshwater seeps, and alkali meadows.
Areas within the City of Newport Beach that are dominated by one of the habitats
discussed above are presumed to be ESHA, unless there are strong site - specific
reasons to rebut that presumption. Factors that should be considered when
making site - specific assessments include;
• Patch size and connectivity. Very small patches of habitat that are
effectively isolated from other natural areas may lose many of their natural
ecological functions. Functional patch size is dependent upon both the
ecological needs of the species of importance supported by the habitat and
the spatial scale of the habitat. For example, what is isolated for a small
mammal may not be for a bird and what is small for a coyote may not be for
some insects.
• Dominance by invasive, non- native species. Non - native species often
provide poorer habitat for wildlife than native vegetation and proliferation of
exotic plant species alters ecosystem processes and may threaten certain
native species with extirpation. However, there are probably no habitats in
southern California that have not been invaded by exotic species, and the
remaining stands of native grassland are almost always dominated by non-
native annual species. Only where exotic species are so overwhelmingly
dominant that the native community can no longer perform its functions in
the ecosystem should the presence of exotic species rebut the presumption
of ESHA.
• Disturbance and proximity to development. Disturbance is the negative
effect of human activities such as dumping, vegetation removal,
development, pollution, etc. Habitat areas bordering development may be
subject to impacts from negative edge effects, such as lighting, non - native
invasive plant species, domestic animals, and human activity. The negative
effects of disturbance are strongest immediately adjacent to development
and decline with distance from the edge. However, where very small
patches of habitat are effectively surrounded by development, these
impacts may be severe. In general, disturbance by itself is not enough to
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rebut the finding of ESHA. Disturbance that is clearly reversible (e.g.,
presence of trash or illegal dumping) is not determinative.
• Fragmentation and isolation. Where there are large areas of more -or -less
continuous development, native communities may be reduced to small
islands of habitat that are distant from other natural habitats. This
fragmentation and isolation can create barriers to migration, reduce wildlife
food and water resources and generally compress territory size to reduce
existing wildlife populations to non - viability. The smaller a particular habitat
patch is, the greater the proportion of its area that experiences negative
edge effects.
Where the habitats discussed above occur in the City of Newport Beach the
presumption is that they are ESHA and the burden of proof is on the property
owner or project proponent to demonstrate that that presumption is rebutted by
site - specific evidence. However, if quantitative data gathered by a qualified
biologist demonstrates that a habitat area is degraded beyond the point of
restoration, or that it is not rare and is so small and isolated that it no longer has
habitat value or a special nature or role in the ecosystem, the habitat area does
not meet the statutory definition of ESHA contained in Section 30107.5 of the
Coastal Act. Therefore, such habitat areas do not warrant the special land use
and development restrictions established for ESHA in this Coastal Land Use Plan.
Policies:
4.1.1 -1. Define any 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 as an
environmentally sensitive habitat area (ESHA). Using a site - specific
survey and analysis by a qualified biologist, evaluate the following
attributes when determining whether a habitat area meets the
definition of an ESHA:
A. The presence of natural communities that have been
identified as rare by the California Department of Fish and
Game.
B. The recorded or potential presence of plant or animal species
designated as rare, threatened, or endangered under State or
Federal law.
C. The presence or potential presence of plant or animal species
that are not listed under State or Federal law, but for which
there is other compelling evidence of rarity, such as
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designation as a 1B or 2 species by the California Native
Plant Society.
D. The presence of coastal streams.
E. The degree of habitat integrity and connectivity to other
natural areas.
Attributes to be evaluated when determining a habitat's
integrity /connectivity include the habitat's patch size and
connectivity, dominance by invasive /non- native species, the level of
disturbance, the proximity to development, and the level of
fragmentation and isolation.
Existing developed areas and existing fuel modification areas
required by the City of Newport Beach Fire Department or the
Orange County Fire Authority for existing, legal structures do not
meet the definition of ESHA.
4.1.1 -2. Require a site - specific survey and analysis prepared by a qualified
biologist as a filing requirement for coastal development permit
applications where development would occur within or adjacent to
areas identified as a potential ESHA. Identify ESHA as habitats or
natural communities listed in Section 4.1.1 that possess any of the
attributes listed in Policy 4.1.1 -1. The ESA's depicted on Map 4 -1
shall represent a preliminary mapping of areas containing potential
ESHA.
4.1.1 -3. Prohibit new development that would necessitate fuel modification in
ESHA.
4.1.1 -4. Protect ESHAs against any significant disruption of habitat values.
4.1.1 -5. Design land divisions, including lot line adjustments, to preclude new
development within and minimize impacts to ESHAs.
4.1.1 -6. Require development in areas adjacent to environmentally sensitive
habitat areas to be sited and designed to prevent impacts that would
significantly degrade those areas, and to be compatible with the
continuance of those habitat areas.
4.1.1 -7. Limit uses within ESHAs to only those uses that are dependent on
such resources.
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Limited public access improvements and minor educational,
interpretative and research activities and development may be
considered resource dependent uses. Measures, including, but not
limited to, trail creation, signage, placement of boardwalks, and
fencing, shall be implemented as necessary to protect ESHA.
Where feasible, confine development adjacent to ESHAs to low
impact land uses, such as open space and passive recreation.
4.1.1 -10. Require buffer areas of sufficient size to ensure the biological
integrity and preservation of the habitat they are designed to protect.
Terrestrial ESHA shall have a minimum buffer width of 50 feet
wherever possible. Smaller ESHA buffers may be allowed only
where it can be demonstrated that 1) a 50 -foot wide buffer is not
possible due to site - specific constraints, and 2) the proposed
narrower buffer would be amply protective of the biological integrity
of the ESHA given the site - specific characteristics of the resource
and of the type and intensity of disturbance.
4.1.1 -11. Provide buffer areas around ESHAs and maintain with exclusively
native vegetation to serve as transitional habitat and provide
distance and physical barriers to human and domestic pet intrusion.
4.1.1 -12. Require the use of native vegetation and prohibit invasive plant
species within ESHAs and ESHA buffer areas.
4.1.1 -13. Shield and direct exterior lighting away from ESHAs to minimize
impacts to wildlife.
4.1.1 -14. Require mitigation in the form of habitat creation or substantial
restoration for allowable impacts to ESHA and other sensitive
resources that cannot be avoided through the implementation of
siting and design alternatives. Priority shall be given to on -site
mitigation. Off -site mitigation measures shall only be approved when
it is not feasible to fully mitigate impacts on -site. Mitigation shall not
substitute for implementation of the project alternative that would
avoid impacts to ESHA.
4.1.1 -15. Apply the following mitigation ratios for allowable impacts to upland
vegetation: 2:1 for coastal sage scrub; 3:1 for coastal sage scrub that
is occupied by California gnatcatchers or significant populations of
other rare species; 3:1 for rare community types such as southern
maritime chaparral, maritime succulent scrub; native grassland and
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1:1 for southern mixed chaparral. The ratios represent the acreage
of the area to be restored /created to the acreage impacted.
4.1.1 -16. For allowable impacts to ESHA and other sensitive resources,
require monitoring of mitigation measures for a period of sufficient
time to determine if mitigation objectives and performance standards
are being met. Mid - course corrections shall be implemented if
necessary to meet the objectives or performance standards.
Require the submittal of monitoring reports during the monitoring
period that document the success or failure of the mitigation. To
help insure that the mitigation project is self- sustaining, final
monitoring for all mitigation projects shall take place after at least
three years with no remediation or maintenance activities other than
weeding. If performance standards are not met by the end of the
prescribed monitoring period, the monitoring period shall be
extended or the applicant shall submit an amendment application
proposing alternative mitigation measures and implement the
approved changes. Unless it is determined by the City that a
differing mitigation monitoring schedule is appropriate, it is generally
anticipated that monitoring shall occur for a period of not less than
five years.
4.1.2 Marine Resources
Marine Habitats
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Open estuary and salt marsh habitats occur in the Upper Newport Bay and the
Semeniuk Slough. The Upper Newport Bay is one of the largest coastal wetlands
remaining in southern California and is an ecological resource of national
significance. The Semeniuk Slough is a relatively large, uninterrupted open
estuary/coastal salt marsh that provide wildlife with a relatively large, diverse area
for foraging, shelter, and movement. The habitats of the Semeniuk Slough and
the Upper Newport Bay are discussed further in Section 4.1.3 (Environmental
Study Areas).
Eelgrass (Zostera marina) is a marine plant that grows in Newport Harbor at
depths below the low tide line and into the navigational channels. This true marine
grass forms meadows and attracts many invertebrates and fishes that use the
vegetation as foraging and nursery habitat. Eelgrass is discussed in more detail in
Section 4.1.4 (Eelgrass Meadows) and Section 4.2.5 (Eelgrass Protection and
Restoration).
The Newport Beach Marine Conservation Area is located along the Corona del
Mar shoreline and extends 200 feet offshore. Numerous types of invertebrates,
algae, seagrass, fishes, and seabirds occur within the limits of the refuge, and
marine mammals occasionally pass through. The Newport Beach Marine
Conservation Area is discussed further in Section 4.1.3 (Environmental Study Area
11).
The Newport Submarine Canyon is a
unique coastal feature that begins
immediately seaward of the Newport
Pier at a depth of 8 meters (25 feet).
Bottom depths rapidly increase to
nearly 30 meters (100 feet) within
400 meters (1,200 feet) from shore
and 100 meters (300 feet) deep
within 1,300 meters (3,900 feet) from
shore. This geological feature is
believed to have been formed by the
ancestral Santa Ana River, and it is
the exit pathway for southward -
moving sands transported through Representation of the Newport Submarine Canyon
littoral drift currents at the end of the San Pedro Littoral Cell. In an effort to reduce
the sand loss, the U.S. Army Corps of Engineers constructed six groins along
West Newport to hold the sand. The groins have been partially successful.
Biologically, the submarine canyon is unique because it acts as a pathway for
cold, nutrient -rich waters that upwell from deeper offshore waters to the shallower
nearshore shelf. Additionally, the canyon acts as a pathway through which deeper
water species of fish, squid, shark, and jellyfish, sometimes can be found close to
shore. The canyon is also an important fishing zone for the Dory Fishing Fleet.
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Sensitive Marine Species
Several species of marine mammals frequent the nearshore waters along the
Newport Beach coastline. All marine mammals are protected by the Marine
Mammal Protection Act. Several whales are federally listed endangered species.
The marine mammals that have the greatest potential to occur locally are
California sea lion (Zalophus californicus), harbor seal (Phoca vitulina), California
gray whale (Eschrichthius robustus), killer whale (Orcinus orca), common dolphin
(Delphinus delphis), bottlenose dolphin (Tursiops truncates), Pacific white sided
dolphin (Lagenorhynchus obliquidens), and Dall's porpoise (Phocenoides dalli).
The most common, the California gray whale, was delisted as an endangered
species in 1994 because of significant increases in its population numbers in
recent years. California gray whales
are common between December 4
and April, as they migrate between
their summer feeding grounds in the
Bering Sea and their Baja California
calving lagoons. Individuals'
sometimes enter the Newport
Harbor Entrance Channel. Pods of
bottlenose dolphin are occasionally
observed swimming in the surf zone z
or immediately outside the surf zone
along the Newport coastline.
California sea lions are frequently
observed within Newport Harbor, Sea lion on the West Jetty
particularly in the vicinity of the
sports fishing boats near the Balboa
Pavilion.
Although giant kelp (Macrocystis pyrifera) beds do not have official status as a
sensitive habitat or resource, kelp forests afford protection and cover for many
marine invertebrates and fishes. Giant kelp currently is rare within the Newport
Beach and Irvine Coast Marine Conservation Areas, although historically it has
occurred along the coastline between Coronal del Mar and the Newport Coast.
Diebacks of kelp have occurred periodically along the southern California Coast
primarily during warm water El Nino periods. However, kelp beds along the
Newport to northern Laguna coastline have failed to regenerate in recent years
and the reasons for this occurrence are not clear. Increases in sediment loads
along the coast due to urban runoff may be a contributing factor, along with
periodic large storm events that dislodge plants, sustained warmer waters
temperatures during El Nino periods, and over fishing. During 2002, there were
excellent conditions for giant kelp in southern California. Mild winters and cold,
nutrient -rich waters enabled many kelp beds to recover naturally and rapidly.
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However, Orange County saw very
little natural recovery. A number of
giant kelp reforestation projects are
being attempted in southern
California, including one in the
Crystal Cove State Underwater
Park.
Despite the substantial declines in
the distribution of giant kelp cover
along the shoreline between
Corona del Mar and Laguna Beach,
a stand of giant kelp has
maintained itself within Newport
Harbor Entrance Channel, along
the west jetty. The giant kelp
(Environmental Study Area 13).
Kelp beds and associated reef organisms in the Newport Harbor
Entrance Channel
bed is discussed further in Section 4.1.3
Surfgrass (Phyllospadix spp.) is a sensitive marine resource that occurs in rocky
shoreline and rocky subtidal habitats at depths to approximately —20 feet MLLW.
Its sensitivity is related to its use by invertebrates and fishes as nursery habitat
and its susceptibility to long -term damage because it is a very slow growing
species. Revegetation occurs naturally through seeding and eventually spreading
of roots and rhizomes over surfaces of rocks. Surfgrass is located within the
Newport Beach Marine Conservation Area, along the outer fringes of the intertidal
reefs and the tops of shallow subtidal reefs.
California grunion (Leuresthes tenuis) are fish that are associated with many
beaches in southern California. Grunion lay their eggs in the wet beach sands
during the highest spring tides between late February or early March, to as late as
early September. Historically, these grunion "runs" have occurred on west - facing
beaches upcoast of Newport Pier, where the beach slopes tend to be more
gradual rather than south facing beaches downcoast of Newport Pier. However,
there has been no recent grunion activity observed on these beaches. Grunion
run activity has also occurred on Corona del Mar State Beach and Rocky Point
Beach, in the Harbor Entrance mouth.
Although California halibut (Paralichthys californicus) does not have a formal
special species status, the California halibut is considered a sensitive species by
resource agencies because of its commercial value and a continued region -wide
reduction of its nursery habitat in bays and wetlands. California halibut spawn at
sea and the larval stages are planktonic. After several months, the larval fish
settle to the bottom, and migrate into shallow coastal waters, including Newport
Bay. Halibut are distributed throughout the waters of Lower and Upper Newport
Bay, primarily as juveniles, although larger individuals are caught near the ocean
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entrance and offshore. Young -Of- The -Year (YOTY) prefer shallow waters
between about —0.45 meter (1.5 feet) and —1.0 meter (3.5 feet) Mean Lower Low
Water (MLLW), whereas juveniles prefer deeper channel bottoms to a maximum
depth of approximately 4.5 meters (15 feet) MLLW. After spending nearly nine
months in Newport Bay, juveniles will move out into the open coastal environment.
Invasive Marine Species
The ecological consequences of the spread of this invasive algae can be
extremely serious and can result in a significant loss of plant and animal
productivity. Therefore, the spread of this species is being closely monitored and
areas that have become infested are being treated chemically to eradicate any
growth. The management, control, and eradication of this species is the
responsibility of the Southern California Caulerpa Action Team (SCCAT).
Newport Bay is not currently known to be infested by this species, however,
continued surveillance for undetected or new infestations is a high priority to the
SCCAT. Project site surveys for the presence of Caulerpa taxifolia are required
by NOAA and CDFG prior to bottom - disturbing projects such as dredging, dock
replacement, bulkhead repair.
Assembly Bill 1334 (Chapter 338, Statutes of 2001) prohibits the sale, possession,
and transport of Caulerpa taxifolia throughout California. The Bill also bans
species of Caulerpa that look similar to C. taxifolia and are believed to have the
capability to become invasive. The importation of the Mediterranean strain of
Caulerpa taxifolia into the United States and interstate trade, including via the
Internet, is also a federal offense under the Federal Noxious Weed Act of 1999
and the Plant Protection Act of 2000.
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Water Quality
Runoff from the surrounding watershed threatens the biological diversity and
functionality of Newport Bay and the surrounding coastal waters. This runoff
includes various pollutants, such as fecal material from pets, oil and grease,
fertilizers, and other urban -based pollutants. In addition, increased sediment loads
decrease the extent of tidal inundation, diminish water quality, degrade habitat for
endangered species, migratory water birds, and marine and estuarine fishes, and
contribute to the decline of kelp forests. Water quality and sedimentation issues
are discussed further in Section 4.2 (Wetlands and Deepwater Areas) and Section
4.3 (Water Quality).
Policies:
4.1.2 -1. Maintain, enhance, and, where feasible, restore marine resources.
4.1.2 -2. Provide special protection to marine resource areas and species of
special biological or economic significance.
4.1.2 -3. Require that uses of the marine environment be carried out in a
manner that will sustain the biological productivity of coastal waters
and that will maintain healthy populations of all species of marine
organisms adequate for long -term commercial, recreational,
scientific, and educational purposes.
4.1.2 -4. Continue to cooperate with the state and federal resource protection
agencies and private organizations to protect marine resources.
4.1.2 -5. Continue to require Caulerpa protocol surveys as a condition of City
approval of projects in the Newport Bay and immediately notify the
SCCAT when found.
Rocky intertidal reefs of Little Corona
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4.1.3 Environmental Study Areas
Newport Beach has several relatively large, undeveloped areas that contain
natural habitats and may be capable of supporting sensitive biological resources.
These areas are designated as environmental study areas to define them
geographically, provide an overview of known and potential biological resources,
identify potential threats to those resources, and propose potential mitigation
measures.
The following areas are designated as environmental study areas:
1. Semeniuk Slough (Santa Ana River Marsh)
2. North Star Beach
3. West Bay
4. Upper Newport Bay Marine Park and DeAnza /Bayside Marsh Peninsula
5. San Diego Creek
6. Eastbluff Remnant
7. Mouth of Big Canyon
8. Newporter North
9. Buck Gully
10. Morning Canyon
11. Newport Beach Marine Conservation Area
12. Castaways
13. Kelp Beds in Newport Harbor Entrance Channel
Most of these study areas are protected as parks, conservation areas, nature
preserves, and other open space areas. Nevertheless, the natural habitats in
each of these study areas are subjected to various potential impacts from the
surrounding urban environment. Potential adverse impacts and mitigation
measures to reduce those impacts are identified in the narratives below and
summarized in Table 4.1 -1 (Environmental Study Area Environmental Impacts and
Mitigation Measures).
Portions of the environmental study areas listed above are known to contain
habitat that constitutes Environmentally Sensitive Habitat Area (ESHA). As such,
they will be subject to more stringent development controls and resource
protection measures. Within these study areas, those natural
communities /habitats identified in Section 4.1.1 are presumed to be ESHA, unless
there is compelling site - specific evidence to the contrary. As is evident from the
descriptions provided below, large portions of these environmental study areas
support one or more community types that meet the definition of ESHA.
Eelgrass meadows within Newport Bay and coastal foredunes on the Balboa
Peninsula are not included in the list of environmental study areas since their
locations shift due to fluctuations in growing conditions. Eelgrass meadows and
coastal foredune habitats are discussed in Section 4.1.4 and Section 4.1.5,
respectively.
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Study Area No. 1: Semeniuk Slough
Semeniuk Slough is a remnant channel of the Santa Ana River from the time when
the river emptied into Newport Bay; it forms a loop around the Newport Shores
residential area in West Newport. The 103 -acre Semeniuk Slough Environmental
Study Area (ESA) includes the main slough channel immediately north of Newport
Shores and the coastal salt marsh habitat to the north, including a narrow sliver of
salt marsh habitat in the far north of the ESA, flanked by the Santa Ana River on
the west and Banning Ranch on the east. Several smaller interconnected channels
and inundated depressions are located throughout the salt marsh habitat.
The Semeniuk Slough ESA is characterized by open estuarine, southern coastal
salt marsh, and ornamental plant communities. The S -curved channel, also
referred to as Oxbow Loop, is bordered to the north by southern coastal salt marsh
vegetation, which is dominated by pickleweed (Salicornia sp.) and salt grass.
Most of the natural areas occur to the west of the parcel. Sea fig has invaded
some of the upland portions of the parcel. Other ornamental plant species are
found along the margin of the Slough, primarily in the eastern portions of the
parcel and include myoporum (Myoporum sp.), acacia (Acacia sp.), Mexican fan
palm, pine (Pious sp.), and eucalyptus.
Many houses in the Newport Shores development bordering the slough have small
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docks and patios that encroach into the slough. The proximity to the Newport
Shores residential development has introduced numerous ornamental and non-
native species to the eastern perimeter of the site, and also allows use of the
slough for recreational use. A few oil -well related structures are located in the
southern part of the ESA, immediately north of the main slough channel. The land
surrounding these structures has been cleared. Two roads bisect the study area -
one leading from the Santa Ana River levee to the Banning Ranch area, and the
other leading to the oil well structures.
Potential impacts to this area include water quality degradation, human activity,
encroachment, invasive species, and uncontrolled public access.
Study Area No. 2: North Star Beach
Located at White Cliffs Drive and
North Star Lane, North Star Beach is
bordered by the main channel of
Upper Newport Bay to the east,
Galaxy Drive to the north, and
residential development to the south
and west of the site.
The 11.6 -acre North Star Beach ESA
supports a small riparian areat ",
composed of southern willow scrub.
Southern willow scrub is considered a
sensitive habitat, and is listed as rare Southern coastal bluff scrub habitat (in the background) at North
or threatened or is otherwise Star Beach
protected by the United States Fish and Wildlife Service (USFWS), CDFG, or local
agencies. Southern willow scrub is utilized by many species of vertebrates,
including birds, amphibians, and mammals. Sensitive species, such as the least
Bell's vireo and southwestern willow flycatcher, have the potential to occur within
this site.
The beach parcel located south of the Newport Aquatics Center (NAC) consists of
dredged sand material and supports predominately ruderal plant species including
cheeseweed (Malva pariflora), red - stemmed filaree (Erodium cicutarium), sea
rocket, and black mustard (Brassica nigra). The bluff located to the west of the
beach and the NAC facilities, and east of the adjacent residential area supports
several non - native ornamental trees and shrubs including acacia, myoporum, and
pine. Several saltbush shrubs are located throughout the sandy beach and bluff
areas within this parcel. A small wetland supported by nuisance water runoff (from
the western bluffs and residential area) is located just north of the NAC facilities.
This area mainly supports willow (Salix spp.), palm (Phoenix sp.), and sedge.
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North of where the wetland reaches the bay, native saltwater marsh and southern
coastal bluff scrub habitat is found that lacks the exotic species present in the
southern portion of the study area.
Potential impacts to the natural habitats in this study area include erosion,
increased human activity, ambient noise, invasive species, and uncontrolled public
access.
Study Area No. 3: West Bav
The 84.4 -acre West Bay ESA is located
along Irvine Avenue from University
Drive south along the east side of
Galaxy Drive. It is bordered by the
Upper Newport Bay Marine Park to the
east, residential development to the
north and west, and the North Star
Beach ESA to the south.
This parcel consists of four
characteristic plant communities,
including Diegan coastal sage scrub,
Non-native ppeNewport Bay and re Pre coastal sage scrub habitat southern coastal bluff scrub, disturbed
at Upper Newport Bay Nature Preserve
southern willow scrub, and non - native
grassland. Much of the non - native grassland was most likely remnant coastal
sage scrub habitat prior to being cleared. The Dieagan coastal sage scrub habitat
is located primarily near the bay, with a few stands that border Irvine Avenue, and
is primarily composed of California sagebrush, coyote brush, prickly pear
(Opuntia sp.), coast goldenbush (Isocoma menziesii var. menziesil), and
lemonadeberry.
The southern section of the study area overlooking the bay supports southern
coastal bluff scrub vegetation. Plant species associated with this area include
saltbush, tree lupine (Lupines arborous), prickly pear, coyote brush, California
buckwheat, coastal goldenbush, and California bush sunflower. This area is
contiguous with the bluff habitat along North Star Beach.
A small drainage located near 23rd Street (the remnant of Indian Springs)
transports nuisance water runoff from the residential area located west of Irvine
Avenue, and crosses the southern portion of the West Bay ESA before reaching
the bay. This drainage supports a disturbed southern willow scrub plant
community dominated by willow, eucalyptus, and giant reed. Several coastal sage
scrub restoration areas, revegetated with young native shrubs, are located along
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the gradual slopes located north of the drainage. Black mustard and wild oats
dominate the non - native grassland plant community, which is found throughout the
parcel and most often bordering Irvine Avenue.
This site is used as open space as well as for recreational opportunities and
includes the Muth Interpretive Center operated by the County of Orange. A paved
bike and pedestrian trail is located along the crest of the West Bay parcel. Several
dirt trails transect the north end of the parcel.
Potential impacts to the natural habitats in this study area include erosion,
increased human activity, ambient noise, invasive species, and uncontrolled public
access.
Study Area No. 4: Upper Newport Bay Marine Park /DeAnza Bayside Marsh
Peninsula
Upper Newport Bay, one of the largest coastal wetlands remaining in southern
California, is an ecological resource of national significance. Sensitive natural
habitats within Upper Newport Bay include estuarine marine open water, coastal
freshwater marsh, intertidal mudflat, salt panne, Diegan coastal sage scrub, and
southern coastal salt marsh. Salt marsh habitat within Upper Newport Bay
includes cordgrass- dominated low salt marsh, pickleweed- dominated mid salt
marsh, and high salt marsh.
This ESA supports several listed bird species and an endangered plant. The
resident population of the state and federal endangered light- footed clapper rail
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(Rallus longirostris levipes) in Upper Newport Bay represents about 65 percent of
the California population of this species. Upper Newport Bay has consistently
supported the highest numbers of rails of any southern California wetland, and is
believed to be the only viable subpopulation remaining in the United States. The
highest number of breeding clapper rails during the 1990s in Upper Newport Bay
was 158 pairs in 1996. The 1999 census recorded 104 pairs. Low salt marsh
dominated by cordgrass is the species' preferred nesting habitat, but it has been
known to breed in brackish and even freshwater marsh. Clapper rails are found
throughout the Upper Bay, heavily utilizing cordgrass marsh for nesting at several
locations, including Shellmaker Island, Middle Island, Upper Island, and salt marsh
habitat above the Main Dike.
The state endangered Belding's
savannah sparrow is a year -round
resident and breeder in Upper Newport
Bay. Its preferred nesting habitat is
pickleweed- dominated mid salt marsh. In
1996, the population in Upper Newport
bay was 252 pairs.
The federally threatened coastal California gnatcatcher nests in coastal sage scrub
along the margins of Upper Newport Bay. There are at least 10 pairs breeding in
upland habitat surrounding Upper Newport Bay.
Other listed bird species that occur in Upper Newport Bay on a seasonal basis but
do not breed there include the state and federal endangered California brown
pelican, the federal threatened western snowy plover, and the state endangered
American peregrine falcon.
The state and federal endangered plant salt marsh bird's beak occurs at several
sites in high salt marsh habitat in Upper Newport Bay. It is the only listed plant
species confirmed to occur in the Upper Newport Bay Marine Park.
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In addition to these listed species, a number of bird species that are Federal
Species of Concern and /or State Species of Special Concern use the Upper
Newport Bay Marine Park. The California brackish water snail, a Federal Species
of Concern, is common around freshwater discharges to the Upper Bay.
Because of its diversity of habitats and its location on the Pacific Flyway, Upper
Newport Bay supports an impressive number and diversity of birds, particularly
during fall and winter when shorebirds and waterfowl arrive from their northern
breeding grounds. There are approximately 182 bird species that regularly occur
in Newport Bay over a calendar year. Only about 18 percent of these are year
round residents. The large number of non - resident bird species indicates Newport
Bay's value not only to the local resident bird community, but also to a large
number of migratory gulls, terns, raptors, shorebirds and waterfowl that are key
species in ecosystems in other areas of the continent.
At least 78 fish species have been identified in various studies of Upper Newport
Bay. Newport Bay is an important habitat for resident estuarine species, as well
as a spawning and nursery ground for a variety of marine species including
California halibut (Paralichthys californicus), yellowfin croaker, white seabass
(Atractoscion nobilis) and barred sandbass.
The ecological diversity and functionality of the Upper Newport Bay Marine Park
has been threatened by sedimentation from the surrounding watershed. The
primary source of freshwater and sediment loads to Upper Newport Bay is San
Diego Creek. Sediment from the San Diego Creek watershed has filled open
water areas within the Bay. This sedimentation has decreased the extent of tidal
inundation, diminished water quality, degraded habitat for endangered species,
migratory water birds, and marine and estuarine fishes. Heavy sedimentation
during the 1998 El Nino required dredging in 1998 and 1999. Recently, a long-
term management plan was developed to control sediment deposition in the Upper
Bay to preserve the health of Upper Newport Bay's habitats. That plan identified
basin configurations and depths to control sedimentation in the Upper Bay.
The slopes of the bluffs along Upper Newport Bay are unstable and have required
stabilization devices and bluff repairs. Irrigation practices on the tops of the bluffs
have contributed to both erosion and eutrophication problems in the Upper Bay.
Study Area No. 5: San Diego Creek
The 37.3 -acre San Diego Creek ESA is bordered by Jamboree Road to the west,
Bayview Way and a commercial automobile dealership to the north, MacArthur
Boulevard to the east, and the residential area adjacent to University Drive on the
south. The San Diego Creek site is contiguous with the Upper Newport Bay
Marine Park, and merges with the bay in the vicinity of Jamboree Road. This
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study area includes two main parcels: the main channel of San Diego Creek and
an adjacent saltwater marsh mitigation area located to the north.
The marsh site is separated from the main channel by an earthen levee, but is
hydraulically recharged by San Diego Creek during high water events through an
existing culvert. The marsh site consists of two primary habitat types: southern
coastal salt marsh (aquatic) and southern willow scrub. The middle of the site is
inundated with low -to- moderate amounts of water, and is dominated by salt marsh
and emergent wetland vegetation including pickleweed, salt grass, and bulrush
(Scirpus sp.). Portions of this area have been revegetated with native plants. The
eastern portion of the site gives rise to southern willow scrub and primarily
consists of willow (Salix sp.), mule fat, and cattails. The upland areas of this site
support a mixture of habitat types and consist of shrub species, including
California bush sunflower, saltbush, and mule fat.
The main channel is characterized by southern willow scrub. This area is
dominated by willow and mule fat, and supports a few isolated cottonwood trees
(Populus sp.). Two exotic species, giant reed and brass buttons, are commonly
found throughout the riparian zone.
Potential impacts to the natural habitats in this study area included human activity,
ambient noise, invasive species, and uncontrolled public access.
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Study Area No. 6: Eastbluff Remnant
southern coastal bluff scrub at Eastbluff Remnant
The 36.5 -acre Eastbluff Remnant
ESA extends along the eastern side
of Back Bay Drive from Jamboree
Road to Eastbluff Drive, and is
bordered by Upper Newport Bay to
the north and west, residential
development to the east, and San
Joaquin Hills Road to the south.
This study area consists of three
main plant communities, including
southern coastal bluff scrub, Diegan
coastal sage scrub, and southern
willow scrub.
Most of the study area consists of steeply sloped west- facing bluffs. The areas
support mainly southern coastal bluff scrub vegetation with some evidence of
Dieagan coastal sage scrub species. Plant species associated with this area
include saltbush, tree lupine, coastal goldenbush, California bush sunflower,
coyote brush, California buckwheat, prickly pear, cholla (Opuntia sp.), California
sagebrush, and lemonadeberry.
There are varying degrees of previous disturbance, mostly resulting from the
adjacent residential area to the east. Several non - native species are found
throughout these areas, including sea fig, tree tobacco, sweet fennel (Foeniculum
vulgare), black mustard, and castor bean.
The Dieagan coastal sage scrub habitat dominates the upper, less steep portions
of the parcel, and is primarily composed of California sagebrush, coyote brush,
prickly pear, and Mexican elderberry, poison oak, and lemonadeberry.
Southern willow scrub vegetation may be found within several tributaries to
Newport Bay and along the eastern edge of Back Bay Road, where water
accumulates before entering the bay. These areas are dominated by willow and
mule fat. Dense stands of Mexican elderberry, willow, and poison oak dominate
the north - facing slopes in the northeastern portion of the East Bluff parcel.
Potential impacts to the natural habitats in this study area include erosion,
increased human activity, ambient noise, invasive species, and uncontrolled public
access.
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Study Area No. 7: Mouth of Big Canyon
The 52.0 -acre Big Canyon ESA is
located on the east side of Newport
Bay, between Back Bay Drive and
Jamboree Road. The Mouth of Big
Canyon site is bordered by Upper
Newport Bay to the west and
residential development to the east,
north, and south of the site.
Many trails throughout this area
provide good access for the public to
observe the variety of habitats and
Freshwater marsh at the mouth of Big Canyon plant communities. The backbone
routes for these trails are utility access
roads needed to provide access for maintenance vehicles that service the utilities
that have been installed in this site. This site provides an opportunity to establish
an interpretive area that allows public access to a broad range of habitats and
plant community areas that should be reestablished as a destination for the public.
Seven plant communities characterize this site, including southern willow scrub,
Diegan coastal sage scrub, non - native grassland, southern coastal bluff scrub,
southern coastal salt marsh, southern cottonwood willow riparian forest, and
coastal freshwater marsh.
Big Canyon is oriented perpendicular to the bay. The upper (eastern) portion of
the creek supports native plants characteristic of southern willow scrub
communities dominated by densely growing willows and mule fat. The upland
areas within the eastern region contain a mixture of disturbed Diegan coastal sage
scrub and non - native grassland. Plant species found in this area include coyote
brush, lemonadeberry, black mustard, and sweet fennel. The canyon is outlined
by intermittent stands of ornamental trees and shrubs including eucalyptus and
acacia, which are located next to the adjacent residential zones.
The mouth of the canyon widens towards the bay and supports a mixture of
southern coastal bluff scrub and Diegan coastal sage scrub along both the north
and south - facing slopes. These areas are dominated by California sagebrush,
California buckwheat, prickly pear, saltbush, lemonadeberry, and Mexican
elderberry.
The western reach of the canyon creek forms a pond, while supporting a mature
southern cottonwood willow riparian forest and coastal freshwater marsh. Fremont
cottonwood (Populus fremontii spp. fremontff), western sycamore, and willow
dominate the overstory of the riparian forest. Stinging nettle (Urtica diocia) can be
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found amongst the herbaceous layer. The northern margins of the riparian forest
show evidence of dryer climates and supports revegetated species such as holly -
leaf redberry and jojoba (Simmondsia chinensis). The coastal freshwater marsh is
surrounded by cattail and sedge.
Remnants of the southern coastal salt marsh habitat are evident on the dredge sand
deposits located immediately south of the freshwater marsh, where pickleweed is
the dominant plant species.
Potential impacts to the natural habitats in this study area include erosion, creek
water quality runoff, sedimentation, erosion, increased human activity, ambient
noise, invasive species, and uncontrolled public access.
Study rea No. 8: Newporter North
The Newport North is located in bluff
and mesa habitats along Back Bay
Drive and San Joaquin Hills Road
adjacent to Upper Newport Bay.
The 49.2 -acre Newporter North ESA
is bordered by Upper Newport Bay
to the west, the Hyatt Newporter
Hotel to the south, Jamboree Road
to the east, and residential
development to the east and north of
the site.
The Newporter North ESA is
characterized by five plant Diegan coastal scrub on the slopes of Newporter North
communities, including southern
willow scrub (disturbed), coastal freshwater marsh, Diegan coastal sage scrub,
southern coastal bluff scrub, and non - native grassland.
A drainage (John Wayne Gulch) runs east to west from Jamboree Road to the
bay. The upper (eastern) portion of the drainage supports native plant species that
are characteristic of southern willow scrub communities including willows, mule fat,
and Mexican elderberry. This drainage also supports many exotic species
including myoporum, tree tobacco, eucalyptus, pampas grass (Cortaderia
selloana), and sweet fennel. The lower (western) portion of the drainage widens
into a coastal freshwater marsh before reaching the bay. This area is thickly
vegetated and dominated by cattail, sedge, and brass buttons. Additionally, there
is a wetland restoration area located in the far northeast portion of this parcel,
which is dominated by willows, mule fat, and cattails.
Diegan coastal sage scrub occurs at higher elevations within the parcel along the
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south and north - facing slopes. Plant species associated within this area include
California sagebrush, coyote brush, California bush sunflower, California
buckwheat, Mexican elderberry, coastal goldenbush, and deerweed. An area
located just south of San Joaquin Hills Road supports densely growing coastal
sage scrub vegetation. A small square parcel of coastal sage scrub bordered by
Newporter Way and Jamboree Road is found within this section of the study area.
The steeper west- facing slopes, located above Back Bay Drive to the north and
south of the main canyon, support southern coastal bluff scrub vegetation. Plant
species associated with this area include saltbush, tree lupine, prickly pear,
coyote brush, California buckwheat, coastal goldenbush, and California bush
sunflower.
Historically, most of the upland areas located in the southwestern portion of the
parcel most likely supported coastal sage scrub communities; however land
modification and clearing has disturbed these areas, leaving many sections
supporting only non - native grasslands. Common species found within the non-
native grassland community include black mustard, white sweetclover (Melilotus
alba), artichoke thistle (Cynara cardunculus), and pampas grass.
Potential impacts to the natural habitats in this study area include erosion,
increased human activity, ambient noise, invasive species, and uncontrolled public
access.
Study Area No. 9: Buck Gully
Buck Gully is a natural feature extending between Little Corona Beach and the
San Joaquin Hills. The 74.2 -acre Buck Gully ESA does not include the sections of
the canyon that are located outside of the coastal zone or within Newport Coast.
The ESA is bordered by the Pacific Ocean to the southwest, and residential and
commercial development to the southeast, northwest, and north of the site. Pacific
Coast Highway bisects the canyon. Drainage from Buck Gully empties on to Little
Corona Beach. The portion of Buck Gully between the extension of Fifth Avenue
and Little Corona is under private ownership.
The Buck Gully ESA is dominated by Diegan coastal sage scrub and southern
mixed chaparral, with southern willow scrub, annual grassland, and coastal
freshwater marsh occurring as smaller components of the community. Diegan
coastal sage scrub and southern mixed chaparral encompass the majority of the
gully - from the upper rims to the alluvial bottoms. A narrow ribbon of southern
willow scrub riparian habitat is supported by an unnamed creek that flows along
the canyon bottom the length of the gully. Patches of annual grassland occur
throughout the chaparral and coastal sage scrub habitats and also in areas where
native vegetation has been cleared for fire prevention. The narrow, western reach
of the canyon is largely encroached upon by the adjacent residential areas to the
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southeast and northwest. The upper
slopes in this area of the canyon
support a mix of disturbed southern
mixed chaparral, a small patch of
coastal sage scrub, and non - native
ornamental vegetation originating
from the surrounding homes.
Typical chaparral species in this
area include toyon (Heteromeles
arbutifolia), laurel sumac (Malosma
laurina), and ceanothus ( Ceanothus
sp.) Non - native and ornamental
species include giant reed (Arundo
Buck Gully southwest fmm Coast Highway donax), acacia, eucalyptus,
myoporum, Mexican fan palm,
Brazilian pepper tree (Schinus terebinthifolius), Peruvian pepper tree (Schinus
molle), castor bean (Ricinus communis), tree tobacco (Nicotiana glauca), pampas
grass (Cortaderia sp.), and fennel (Foeniculum vulgare). The canyon bottom in this
area is dominated by riparian vegetation including willows (Salix spp.), blackberry
(Rubus sp.), cattail (Typha sp.), and bulrush (Scirpus sp.). A small freshwater
marsh comprised almost exclusively of cattail is situated at the mouth of the gully
adjoining Little Corona Beach.
The central section of the canyon immediately northeast of the Coast Highway,
while closely confined by residential development, contains fewer ornamental plant
species than the coastal portion and supports southern mixed chaparral and
southern willow scrub habitats with species compositions similar to the lower
canyon. The chaparral in this area supports toyon, laurel sumac, ceanothus,
chamise (Adenostoma fasciculatum), lemonadeberry (Rhus integrifolia), scrub oak
(Quercus berberidifolia), southern honeysuckle (Lonicera subspicata), redberry
(Rhamnus crocea), bush monkey flower (Mimulus aurantiacus), and sugar bush
(Rhus ovata).
Approximately adjacent to the intersection of 5th Avenue and Poppy Avenue, the
gully veers east and opens into a broader canyon. The southern slopes of the
canyon in this area support dense stands of southern mixed chaparral, while the
northern slopes support disturbed annual grassland, possibly established as
chaparral and coastal sage scrub, but subsequently cleared for fire prevention by
homeowners. At present, the annual grassland contains black mustard (Brassica
nigra), tocalote (Centaurea melitensis), artichoke thistle (Cynara cardunculus), wild
oats (Avena fatua), soft chess (Bromus hordeaceus), barley (Horedum sp.), ripgut
brome (Bromus diandrus), and fennel. Diegan coastal sage scrub becomes more
dominant as the canyon slopes on the upper portions of the canyon veer
eastward. This community is composed of California sagebrush (Artemisia
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
4 -26
californica), California buckwheat (Eriogonum fasciculatum), white sage (Salvia
apiana), prickly pear (Optunia sp.), coyote brush (Baccharis pilularis), blue
elderberry (Sambucus mexicana), laurel sumac, lemonadeberry, and California
bush sunflower (Encelia californica).
The canyon floor of Buck Gully supports a southern willow scrub community,
dominated by willows and mule fat (Baccharis salicifolia), with occasional western
sycamore (Platanus racemosa) and cottonwood (Populus fremontii). Associated
plant species include cattail, blue elderberry, poison oak (Toxicodendron
diversilobum), rush (Juncus spp.), and nutsedge (Cyperus sp.).
The upper canyon is broader than the lower canyon and is therefore less impacted
by adjacent development. Vegetation in this area is primarily Diegan coastal sage
scrub and southern mixed chaparral, interrupted by occasional patches of annual
grassland, and southern willow scrub associated with the creek at the canyon
bottom.
The lower (western) portion of Buck Gully is isolated from the upper Buck Gully by
the Coast Highway. This area is closely confined by residential development on
the south and north. The proximity to development, accessibility by local residents
and their pets, and abundance of non - native ornamental plant species detract from
the quality of habitat for wildlife species in this area. The upper (eastern) portion of
Buck Gully is a broad, open, relatively undisturbed canyon. Coastal sage scrub
and mixed chaparral dominate much of the area, except for the riparian corridor
along the canyon bottom and the tops of the canyon, which are influenced by the
adjacent residential development. Much of the native vegetation near the rim of
the canyon has been removed to reduce wildfire hazard.
Ornamental and non - native plant species from the adjacent residential
development have encroached into Buck Gully, especially in the lower, narrow
portions. Annual grasslands in Buck Gully consist of nonnative annual grasses and
forbs. Some non - native inclusions were also observed in the Diegan coastal sage
scrub, southern mixed chaparral, and southern willow scrub habitats.
Potential impacts to the natural habitats in this study area include erosion,
contaminated urban runoff, increased human activity, ambient noise, invasive
species, and uncontrolled public access.
Studv Area No. 10: Morning Canyon
Morning Canyon is oriented perpendicular to the coastline between Corona
Highlands and Cameo Highlands. The 11.2 -acre study area is bordered by the
Pacific Ocean to the west, Pelican Hills Golf Course to the east, and residential
development to the north and south of the site. Morning Canyon is under private
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
4 -27
ownership.
Morning Canyon is characterized by
disturbed, remnant, southern mixed
chaparral vegetation on the canyon
floor and along the upland slopes.
This area, however, contains few
remaining native species and is
dominated by non - native and
ornamental species that have invaded
the canyon from adjacent residential
areas located immediately to the
northwest and southeast. Native plant
species in the remnant southern
mixed chaparral community include Mom"g Canyon near Pelican Bay Golf Course
coyote brush, toyon, mountain
mahogany (Cercopcarpus betuloides), lemonadeberry, and blue elderberry. Non-
native species include fennel, pampas grass, acacia, date palm (Phoenix sp.), fig
(Ficus sp.), hottentot fig (Carpobrotus edulis), Himalayan blackberry (Rubus
discolor), tree tobacco, pittosporum (Pittosporum sp.), and castor bean.
The canyon bottom once supported a southern willow scrub and willows, mule fat,
and mugwort (Artemisia douglasiana) can still be observed growing among the
dominant non - native vegetation, though these species are no longer common
enough to consider this habitat to be southern willow scrub. Nonnative plant
species now dominate the bottom and lower slopes of the canyon and include
giant reed, acacia, hottentot fig, eucalyptus, myoporum, Mexican fan palm,
Brazilian pepper tree, Peruvian pepper tree, pampas grass, ivy (Hedera sp.), and
fennel.
Although most of the native riparian- associated species have been displaced by
non - native and ornamental species, the area is still used by riparian wildlife, such
as American crow (Corvus brachyrhyncus), northern mockingbird (Mimus
polyglottos), mourning dove (Zenaida macroura), cedar waxwing (Bombycilia
garrulous), English sparrow (Passer domesticus), raccoon (Procyon lotor), and
opossum (Didelphis virginiana). The presence of a perennial watercourse along
with a structurally diverse woody vegetation community provides the necessary
habitat attributes that are essential to riparian- associated species.
The lower, southwestern section of Morning Canyon is separated from the upper
section of Morning Canyon by the Coast Highway. The entire canyon is very
narrow and closely bordered by residential development on the northwest and
southeast, the Pacific Ocean to the southwest, and the Pelican Hills Golf Course
at the northeastern edge of the area. Ornamental species have completely
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
4 -28
displaced native vegetation in much of canyon and now dominate throughout the
majority of this ESA. Pets from the adjacent residences likely use the area and
further discourage wildlife use of the canyon.
Potential impacts to the natural habitats in this study area include increased human
activity, ambient noise, invasive species, erosion, sedimentation, and uncontrolled
public access.
Study Area No. 11: Newport Beach Marine Conservation Area
The 85.8 -acre Newport Beach Marine
Conservation Area extends from
Little Corona Beach to Cameo
Shores Road. The refuge's coastline
length is 0.6 miles (mi). It extends a
distance of 200 feet (ft) offshore and
to depths of about 18 ft Mean Lower
Low Water (MLLW). This refuge is
significant because it is the first
section of rocky intertidal and rocky
subtidal habitat south of Point
Fermin, along with the Irvine Coast
Marine Conservation Area. While
Arch Rock in the Newport Beach Marine Conservation Area sections of the refuge are within high
visitor use areas (Little Corona Tide
Pools) and have exhibited declines in biodiversity related to public use as well as
natural processes, the downcoast section of the refuge in the vicinity of Cameo
Shores is relatively inaccessible and exhibits less human -use disturbances. The
beach is fronted by a sandstone bluff mixed with native coastal scrub and
introduced vegetation. Intertidal areas consist of platform intertidal reefs and
pocket sandy beaches, with conspicuous offshore rocks, stacks, and arches.
Subtidally, the seafloor is a mixture of sand bottom and reefs. The siltstone reefs
extend seaward of the limits of the refuge to depths of about 50 ft. Numerous
types of plants, invertebrates, fishes, and seabirds occur within the limits of the
refuge, and marine mammals (sea lions, bottlenose dolphin, and gray whales) will
occasionally pass through. Tide pools use at Little Corona is managed by the
City's tide pool ranger program, which includes docent -led tours of more than
3,000 students annually.
Runoff from the surrounding watershed and streets enter the refuge at several
points, the largest being Buck Gully, which drains across the sandy beach into the
refuge. This runoff consists of various pollutants, such as fecal material from pets,
oil and grease, fertilizers, and other urban -based pollutants. In addition, Buck
Gully runoff contributes to high- suspended sediment loads to the refuge,
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
a -29
particularly during years of high rainfall and runoff, which increases water turbidity
and reduces submarine light levels. Water quality in the refuge is also likely
influenced by the quality of the tidal waters flushed from Newport Bay on the
outgoing tides, which tend to move downcoast oriented longshore currents.
Heavy human use of the refuge has a major impact on the refuge's intertidal
marine resources, resulting from illegal collecting and trampling of intertidal plants
and invertebrates. Party boats and commercial and sport fishing vessels, as well
as skin divers and scuba divers frequent the waters of the refuge for fishing and
collecting. Commercial lobster fishermen also utilize the nearshore reefs within
the refuge. These activities have a potential to reduce the productivity of the
nearshore fishery.
The Irvine Coast Marine Conservation Area will expand to include the Newport
Beach Marine Conservation Area and parts of the Laguna Beach Marine
Conservation Area, and will be named the Crystal Cove State Marine Reserve
under the Marine Life Protection Act (MLPA). The goal of the MLPA (Chapter
1015, Statutes of 1999) is to set up a system for evaluating and coordinating
Marine Protected Areas (MPAs) in the state. The MLPA states that "marine life
reserves" are essential elements of an MPA system because they "protect habitat
and ecosystems, conserve biological diversity, provide a sanctuary for fish and
other sea life, enhance recreational and educational opportunities, provide a
reference point against which scientists can measure changes elsewhere in the
marine environment, and may help rebuild depleted fisheries." The CDFG is
required to develop a comprehensive master plan that combines ecosystem
management with protection and public outreach for the state's MPAs, including
the Newport Beach Marine Conservation Area. Under state marine reserve status,
commercial and recreational fishing could be further restricted or prohibited to
protect marine resources.
Study Area No. 12: Castaways
The 23.3 -acre Castaways ESA is located east of Dover Drive and south of
Castaways Lane along Upper Newport Bay. A church and offices are located to
the north, residential developments are located immediately west and Lower
Castaways is located between the study area and the Coast Highway Bridge.
Several trails cross throughout the site and can be accessed via Castaways Lane.
The Castaways site is designated as a view park. The existing trail system
encourages and directs the public to locations where the views of the coast,
harbor and bay can be enjoyed with minimal impacts to the natural habitats.
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
4 -30
The Castaways site is characterized
by four plant communities: southern
willow scrub, Diegan coastal sage
scrub (a restoration area), southern
coastal bluff scrub, and non - native
grassland.
The center of the site is characterized
by non - native grassland, which
comprises the majority of the site.
Plant species associated with this
community include black mustard,
Russian thistle, and Bermuda grass
(Cynodon dactylon). Several dirt trails
and paved routes transect the parcel.
coastal bluff scrub at Castaways
A drainage runs north -to -south from the church parking lot parallel to Dover Drive.
This drainage is dominated by native plant species that are characteristic of
southern willow scrub communities including willows, mule fat, western sycamore,
cattail, and Mexican elderberry. A second ephemeral drainage runs east -to -west
from the hilltop near Dover Drive. This feature supports mainly upland and non-
native vegetation including Brazilian pepper tree, Peruvian pepper tree, acacia,
eucalyptus, myoporum, tree tobacco, and lemonadeberry.
The eastern portion of the site located along the east - facing slopes that overlook
the bay support southern coastal bluff scrub vegetation. Saltbush, tree lupine,
prickly pear, coyote brush, California buckwheat, and coastal goldenbush, and
California bush sunflower dominate the vegetative cover. The bluff area is fenced
and protected from direct disturbance. Bluff habitat within this study area is
continuous with the bluff habitat that stretches north to Polaris Drive.
A Diegan coastal sage scrub restoration area is located within the northwest
portion of the parcel, immediately east of the riparian area. Plant species
associated with this area include California sagebrush, coyote brush, California
buckwheat, black sage (Salvia mellifera), and coastal goldenbush.
The Diegan coastal sage scrub restoration area is the first phase of Castaways
Park Revegetation Project. The project will remove the non - native and ruderal
vegetation and replace it with new native vegetation to create a view park for
passive recreation and nature observation.
Potential impacts to the natural habitats in this study area include increased human
activity, ambient noise, invasive species, and uncontrolled public access.
CCC Approved 10/13/05 Local Coastal Program
Coastal Land Use Plan
4 -31
Study Area No.13: Newport Harbor Entrance Channel Kelp Beds
The giant kelp (Macrocystis
pyrifera) bed within the Newport
Harbor Entrance Channel is one of
the only giant kelp bed habitats
currently existing between Seal
Beach and South Orange County.
Giant kelp beds, once found
abundantly along the coastline
between Corona del Mar and
Laguna Beach are now extremely
sparse. Warming trends, El Nino
storm events, ecological
imbalances due to over fishing, and
Giant kelp bed habitat at Newport Harbor Entrance extensive grading of lands around
drainages adjacent to kelp beds that increase suspended sediment loads to the
ocean are important contributors to the decline of kelp beds in southern California
and have likely resulted in the decline of kelp beds within the Newport Beach
Marine Conservation Area and the Irvine Coast Marine Conservation Area /Crystal
Cove State Park. Giant kelp currently is rare within these refuges. Giant kelp
reforestation is being attempted in Crystal Cove State Underwater Park. However,
it is still too early to evaluate the success of this project.
Occurring along nearly half of the length of the west jetty and extending from
depths of 10 to 30 feet, the Newport Harbor Entrance giant kelp bed, while
relatively small, has maintained itself over a period of several years while other
kelp beds along the Newport Beach and Laguna Beach have declined. Two
separate kelp beds are present. The largest bed is located along the outermost
half of the west jetty, while a second and smaller bed is located along inner third of
the west jetty. The total acreage of kelp is approximately 1.16 acres. It is a
productive and viable resource and supports over 70 species of plants,
invertebrates, and fishes. During subtidal reconnaissance dives of underwater
habitats along the Newport coastline in 2002, the marine life associated with the
Newport Harbor Entrance Channel jetty quarry rock and within the kelp bed was
second only to the 200 Meter Reef, located in the Crystal Cove Underwater Park,
in species richness.
Dredging activity and jetty reconstruction projects have a potential to reduce the
viability of the kelp beds located within the Harbor Entrance Channel. Future
projects conducted within the Entrance Channel should include protection
measures to avoid long -term impacts to kelp bed resources.
CCC Approved 10/13105 Local Coastal Program
Coastal Land Use Plan
4 -32
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Policies:
4.1.3 -1. Utilize the following mitigation measures to reduce the potential for
adverse impacts to ESA natural habitats from sources including, but
not limited to, those identified in Table 4.1.1:
A. Require removal of unauthorized bulkheads, docks and patios or
other structures that impact wetlands or other sensitive habitat
areas.
B. Where pedestrian access is permitted, avoid adverse impacts to
sensitive areas from pedestrian traffic through the use of well -
defined footpaths, boardwalks, protective fencing, signage, and
similar methods.
C. Prohibit the planting of non - native plant species and require the
removal of non - natives in conjunction with landscaping or
revegetation projects in natural habitat areas.
D. Strictly control encroachments into natural habitats to prevent
impacts that would significantly degrade the habitat.
E. Limit encroachments into wetlands to development that is
consistent with Section 30233 of the Coastal Act and Policy
4.2.3 -1 of the Coastal Land Use Plan.
F. Regulate landscaping or revegetation of blufftop areas to
control erosion and invasive plant species and provide a
transition area between developed areas and natural habitats.
G. Require irrigation practices on blufftops that minimize erosion of
bluffs.
H. Participate in implementation of Total Maximum Daily Loads
(TMDLs) — see Section 4.3 (Water Quality).
I. Participate in programs to control sedimentation into and within
Upper Newport Bay.
J. Use docent programs to actively manage and enforce CDFG
regulations in marine protected areas regarding the taking of
intertidal and subtidal plants and animals and to minimize
incidental trampling.
CCC Approved 10/13/05 Local Coastal Program
Coastal Land Use Plan
4 -36
K.
Manage public access as required to minimize damage to tide
pools.
L.
Control upstream pollution sources from Buck Gully, Morning
Canyon and storm drain runoff from local streets to the maximum
extent practical to reduce sediment, nutrient, fecal coliform, and
toxic pollutant loads.
M.
Implement TMDLs into Newport Bay and local watersheds to
minimize water quality problems along the coastline.
N.
Prohibit invasive species and require removal in new
development.
O.
Implement and enforce TMDLs in watershed and Upper Newport
Bay to improve water quality in Newport Harbor.
P.
Require dredging and jetty reconstruction projects conducted
within the Entrance Channel to include protection measures to
avoid long -term impacts to kelp bed resources.
Q.
Continue to require Cauferpa protocol surveys as a condition of
City approval for projects in Newport Bay and immediately notify
the SCCAT when found.
4.1.3 -2. Prohibit the planting of invasive species in non - urbanized areas.
4.1.3 -3. Prepare natural habitat protection overlays for Buck Gully ESA and
Morning Canyon ESA for the purpose of providing standards to
ensure both the protection and restoration of the natural habitats in
these areas. Include in the overlays standards for the placement of
structures, native vegetation /fuel modification buffers, and erosion
and sedimentation control structures.
4.1.3 -4. Continue to work within the Newport Bay Watershed Executive
Committee structure to address sedimentation, nutrient loading, and
bacteria and toxins from runoff. The Committee includes
representatives from the cities of Costa Mesa, Huntington Beach,
Irvine, Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin,
in addition to the Irvine Ranch Water District, the California Regional
Water Quality Control Board (Santa Ana Region), the California
Department of Fish and Game, the U.S. Army Corps of Engineers,
the County of Orange, and the Irvine Company. The Watershed
Executive Committee, in implementing four separate "total maximum
CCC Approved 10113105 Local Coastal Program
Coastal Land Use Plan
4 -37
daily loads" for Newport Bay, has developed and is implementing
plans to control sediment, nutrients, bacteria, and toxic materials in
the Bay's watershed.
4.1.3 -5. Coordinate with the California Department of Fish and Game and
the County of Orange in developing a management plan for the
Upper Newport Bay Marine Park and the Upper Newport Bay
Nature Preserve.
4.1.3 -6. Maintain public use of the Upper Newport Bay Marine Park to the
extent such use is consistent with the preservation of sensitive
resources.
4.1.3 -7. Coordinate with County and State resource agencies to monitor
ecological conditions within the Newport Beach Marine Conservation
Area and to implement management programs to protect this marine
conservation area. Maintain public use of the refuges to the extent it
is consistent with the preservation of intertidal and subtidal
resources.
4.1.3 -8. Support the construction of tide pool exhibits at the Back Bay
Science Center on Shellmaker Island to provide an educational
alternative to the tide pools at Corona del Mar and Crystal Cove
State Park beaches.
4.1.3 -9. Support giant kelp reforestation programs.
4.1.3 -10. Remove unauthorized structures that encroach into Semeniuk
Slough, the Upper Newport Bay Marine Park, or other wetland areas.
Prohibit future encroachment of structures into these areas unless
structures are absolutely necessary for public well being. Minimize
any necessary encroachment into wetland habitats to the extent
feasible and permanent loss of wetlands habitat shall be mitigated.
4.1.3 -11. Routine maintenance of drainage courses and facilities,
sedimentation basins, trails, access roads, public infrastructure, and
other related facilities may be allowed if carried out in accordance
with the resource protection policies of the Coastal Land Use Plan.
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4.1.4 Eelgrass Meadows
Eelgrass can be found worldwide in quiet, temperate -water mud or sand habitats.
In Southern California, eelgrass can be found in coastal wetlands, bays, and
harbors at depths between +1 feet Mean Lower Low Water (MLLW) to about —25
feet MLLW and on nearshore coastal sand bottoms to depths of 50 to 80 feet
MLLW. The conditions favorable for the growth of this plant are periods of low
rainfall, runoff and sedimentation, good light penetration, optimum temperature
range (50 to 68 degrees Fahrenheit), moderate dissolved oxygen concentration,
limited algal growth and good water quality. Once established, eelgrass patches
can expand through vegetative growth along extended rhizomes to form vast
meadows.
At present (2003), eelgrass is abundant in several sections of Newport Harbor and
has been expanding its distribution in both Lower and Upper Newport Bay over the
last several years due to favorable growing conditions, lack of heavy rainfall,
minimal runoff, and more stringent water quality regulations. The lowest recorded
eelgrass coverage occurred in 1993 with less than 3 acres. A 2002 survey found
approximately 35 acres of eelgrass coverage. Its depth range in Newport Bay is
from 0.0 ft Mean Lower Low Water (MLLW) to —28 ft. On the average, however,
most eelgrass in the Bay grows to a depth of about —8 to —10 ft MLLW. It grows
deepest in the Newport Harbor Entrance Channel.
Eelgrass grows extensively within the Harbor Entrance Channel, where it covers
approximately 20 acres of underwater sandy bottom habitat. Other sections of
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Newport Bay that currently support extensive eelgrass beds include the eastern
shoreline of the Bay between Carnation Cove to the Coast Guard Base, Balboa
Island (and in the Grand Canal), along the eastern end of the Balboa Peninsula,
around Harbor Island, within the Linda Isle Basin, and in the channels around its
perimeter. Eelgrass is currently expanding its distribution. Locations where
smaller beds have become established within the last few years include the
southern edge of the Bayshores development, a shoal immediately south of the
Coast Highway Bridge near the Swales Marina; Lido Isle, and on the north side of
Lido Reach between the Bayshores community west to the Balboa Bay Club.
July 2002 observations indicate eelgrass is recolonizing shallow subtidal habitat in
Upper Newport Bay between the Coast Highway Bridge and Dover Shores along
both sides of the Main Channel after a long -term absence.
Some of the eelgrass currently growing in Newport Harbor is the result of previous
eelgrass transplants conducted during dredging of the Entrance Channel in the
early 1980s, and in the Grand Canal on Balboa Island in 1999. These transplant
programs were conducted as mitigation for Newport Harbor projects that resulted
in the loss of eelgrass habitat. A large -scale eelgrass restoration program is
currently being planned for Newport Harbor by the U.S. Army Corps of Engineers,
the County of Orange, and the City of Newport Beach with the goal of enhancing
between 5 and 10 acres of eelgrass to the Harbor within eight 1 pilot project
restoration sites starting in May 2004. This will add a significant amount of
biological value to the Harbor. Once established, these restoration sites will be
enhanced by further plantings and serve as eelgrass mitigation sites for the loss of
eelgrass habitat for small harbor dredging projects (500 to 1000 cubic yards).
Dredging and dock and bulkhead construction projects have a potential to impact
eelgrass bed resources within several areas of Newport Bay through direct habitat
loss or secondary effects of turbidity or vessel anchor scarring. However, ongoing
maintenance of harbor structures and periodic dredging is essential to protect the
Newport Harbor's value as a commercial and recreational resource. A
comprehensive and balanced management plan is necessary in order to maintain
the recreational and commercial uses of the harbor while protecting its natural
marine resources (see Section 4.2.5 — Eelgrass Protection and Restoration).
Policies
4.1.4 -1. Continue to protect eelgrass meadows for their important ecological
function as a nursery and foraging habitat within the Newport Bay
ecosystem.
4.1.4 -2. Implement eelgrass restoration and enhancement programs in
Newport Harbor.
4.1.4 -3. Site and design boardwalks, docks, piers, and other structures that
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extend over the water to avoid impacts to eelgrass meadows.
Encourage the use of materials that allow sunlight penetration and
the growth of eelgrass.
4.1.4 -4. Provide for the protection of eelgrass meadows and mitigation of
impacts to eelgrass meadows in a comprehensive harbor area
management plan for Newport Bay.
4.1.4 -5. Where applicable require eelgrass and Caulerpa taxifolia surveys to
be conducted as a condition of City approval for projects in Newport
Bay in accordance with operative protocols of the Southern California
Eelgrass Mitigation Policy and Caulerpa taxifolia Survey protocols.
4.1.5 Coastal Foredunes
In Newport Beach, southern coastal foredune habitat extends southwest along the
ocean side of the Balboa Peninsula from 10th Street to the tip of the peninsula.
The vegetation in this community is generally sparse with overall cover ranging
from 20 to 70 percent in some areas, while other areas are completely devoid of
vegetation. Areas of open sand fragment this habitat. Dominant plant species
include non - native species such as purple sand - verbena (Abronia umbellata), sea
rocket (Cakile maritima), beach evening primrose (Camissonia cheiranthifolia),
sea -fig (Carpobrotus chiliensis), hottentot fig (Carpobrotus edulis), beach morning
glory (Calystegia soldanella), and beach bur (Ambrosia chamissonis).
Ornamental and non - native species, likely introduced from the adjacent
residences, dominate much of the southern coastal foredune habitat. Numerous
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residences use the beach area as an extension of their backyards. Some
residents have planted and irrigated the ornamental species, which have replaced
native species in these areas. Increased human activity and uncontrolled public
access also adversely impact these dune habitats, as evidenced by the numerous
trails bisecting the dunes. Many areas are almost completely covered by sea -fig
and hottentot fig. If dune habitat losses cannot be avoided, then mitigation
programs to restore dune habitat within Newport Beach should be implemented.
Policies:
4.1.5 -1. Require the removal of exotic vegetation and the restoration of native
vegetation in dune habitat.
4.1.5 -2. Direct public access away from dune habitat areas through the use
of well - defined footpaths, boardwalks, protective fencing, signage,
and similar methods.
4.1.5 -3. Design and site recreation areas to avoid impacts to dune habitat
areas.
4.1.5 -4. Require a coastal development permit for earthmoving beach sand in
dune habitat areas.
4.1.5 -5. Limit earthmoving of beach sand in dune habitat areas to projects
necessary for the protection of coastal resources and existing
development.
Iceplant encroachment into southern coastal fomdunes
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4.2 Wetlands and Deepwater Areas
Coastal Act policies related to wetlands and deepwater areas that are relevant to Newport
Beach include the following:
30231. biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes
_appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be
'maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water
discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial
interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas
that protect riparian habitats, and minimizing alteration of natural streams.
The Coastal Act distinguishes wetlands from other types of water areas, such as
estuaries and open coastal waters. Section 30121 of the Coastal Act defines
"wetlands" as 'lands within the coastal zone which may be covered periodically or
permanently with shallow water and include saltwater marshes, freshwater
marshes, open or closed brackish water marshes, swamps, mudflats, and fens."
Therefore, the interpretation of the term "shallow water' can be used to distinguish
wetlands from other submerged areas. The U.S. Fish and Wildlife Service defines
the boundary between wetland and deepwater habitat as the elevation of extreme
low -water of spring tide for areas subject to tidal influence. Therefore, for
purposes of the Coastal Act, wetlands can be interpreted as beginning at extreme
low -water of spring tide and "estuary" or "open coastal water" is anything deeper.
4.2.1 Southern California Wetlands
Wetlands are transitional lands between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is often covered by shallow
water during some parts of the year. Wetlands can be categorized according to
specific habitat and type of vegetation. In Southern California, wetlands generally
fall into four categories: estuarine wetlands, such as the Upper Newport Bay and
Semeniuk Slough; freshwater marshes, which can be found in Big Canyon, Buck
Gully, and San Diego Creek; riparian wetlands, which occur along creeks and
streams or bodies of water; and vernal pools, which can be found on Banning
Ranch.
Southern California coastal wetlands and watersheds have been dramatically
altered or destroyed by human activities over the past 150 years. Wetlands have
been filled and rivers, streams, and creeks have been rerouted, dammed,
channelized, and paved. Estimates of historic wetland acreages compiled from
the literature and U.S. Coast and Geodetic Survey maps created between 1851
and 1893 indicate a loss of 70 percent reduction in coastal wetlands in Southern
California.
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Wetlands are recognized as very important ecosystems with the following multiple
values and functions:
• Biological Diversity. Wetlands provide important habitat for diverse
communities of plants and animals, including federally listed threatened or
endangered species.
• Waterfowl Habitat. Wetlands provide the principal habitat for migratory
waterfowl. California provides critical wintering habitat for millions of
waterfowl migrating along the Pacific Flyway, which extends from Canada
to Mexico.
• Fisheries. Wetlands provide direct spawning and rearing habitats and food
supply that supports both freshwater and marine fisheries.
• Flood Control. Wetlands detain flood flows, reducing the size and
destructiveness of floods.
• Water Quality. Wetlands absorb and filter pollutants that could otherwise
degrade ground water or the water quality of rivers, lakes, and estuaries.
Ground Water Recharge. Some wetlands recharge aquifers that provide
urban and agricultural water supplies.
• Recreation. Wetlands support a multi - million - dollar fishing, hunting, and
outdoor recreation industry nationwide.
The Coastal Act requires the projection of wetlands. Development or alteration of
coastal wetlands is primarily regulated by Section 30233 of the Coastal Act, which
provides that the diking, filling, or dredging of open coastal waters, wetlands, or
estuaries may only be permitted where there is no less environmentally damaging
alternative and must be restricted to a narrow range of allowable uses. The
Coastal Act also requires the protection of biological productivity and quality of
coastal waters, streams, wetlands, estuaries, and lakes. Water quality issues are
discussed in detail in Section 4.3 (Water Quality).
Two federal statutes provide the primary regulatory authority over wetlands. The
Clean Water Act (Section 404(b)) regulates disposal of dredge and fill materials
into waters of the United States, including all streams to their headwaters, lakes
over 10 acres, and contiguous wetlands, including those above the ordinary high
water mark in non -tidal waters and mean high tide in tidal waters. The River and
Harbors Act of 1899 (Section 10) regulates the diking, filling, and placement of
structures in navigable waterways. The U.S. Army Corps of Engineers is primarily
responsible for the implementation and enforcement of rules and regulations
pertaining to both sections of these statutes. The Environmental Protection
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Agency, the Natural Resources Conservation Service, the National Marine
Fisheries Service (NMFS), and the Fish and Wildlife Service (FWS) review
applications for Section 404 permits and can provide the Corps with comments
and recommendations reflecting agency concerns.
Policies:
4.2.1 -1. Recognize and protect wetlands for their commercial, recreational,
water quality, and habitat value.
4.2.1 -2. Protect, maintain and, where feasible, restore the biological
productivity and the quality of coastal waters, streams, wetlands,
estuaries. and lakes.
4.2.1 -3. Chan nelizations, dams, or other substantial alterations of rivers and
streams shall incorporate the best mitigation measures feasible, and
be limited to (1) necessary water supply projects, (2) flood control
projects where no other method for protecting existing structures in
the floodplain is feasible and where such protection is necessary for
public safety or to protect existing development, or (3) developments
where the primary function is the improvement of fish and wildlife
habitat.
4.2.2 Wetland Definition and Delineation
Due to semi -arid Mediterranean climate of Southern California, some wetlands can
remain dry for one or more seasons. This presents problems for the identification
and delineation of wetlands. Section 30121 of the Coastal Act defines "wetlands"
as 'lands within the coastal zone which may be covered periodically or
permanently with shallow water and include saltwater marshes, freshwater
marshes, open or closed brackish water marshes, swamps, mudflats, and fens."
However, a more specific definition is provided in Section 13577 (b -1) of the
California Code of Regulations:
"...land where the water table is at near, or above the land surface long enough
to promote the formation of hydric soils or to support the growth of hydrophytes,
and shall also include types of wetlands where vegetation is lacking and soil is
poorly developed or absent as a result of frequent drastic fluctuations of surface
water levels, wave action, water flow, turbidity or high concentration of salts or
other substances in the substrate. Such wetlands can be recognized by the
presence of surface water or saturated substrate at some during each year and
their location within, or adjacent to vegetated wetland or deepwater habitats."
The boundary line between the wetland and adjacent upland area is determined
by the extent of one or more key wetland characteristics: hydrology (frequency,
duration, and timing of inundation or saturation), hydric soils (soil with
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characteristics resulting from prolonged saturation), and hydrophytic vegetation
(plants adapted to life in water, or in periodically flooded and /or saturated
anaerobic soils). Positive wetland indicators of all three characteristics are
normally present in wetlands. However, the presence of only one of these
characteristics (e.g., hydrology, hydric soils, or hydrophytic vegetation) is needed
for an area to qualify as a wetland, pursuant to the California Code of Regulations.
Hydrology is the key characteristic because it drives the formation of hydric soils
and allows hydrophytic vegetation to establish dominance. However, hydrology is
the most difficult of the three wetland characteristics to quantify. Many of the
hydrology indicators are subjective and often it is difficult to determine the timing
and duration of hydrology without visual observation. Therefore, the Coastal
Commission considers a predominance of hydrophytes or a predominance of
hydric soils as evidence that the land was "wet enough long enough" to develop
wetland characteristics.
Policies:
4.2.2 -1. Define wetlands as areas where the water table is at, near, or above
the land surface long enough to bring about the formation of hydric
soils or to support the growth of hydrophytes. Such wetlands can
include areas where vegetation is lacking and soil is poorly
developed or absent as a result of frequent drastic fluctuations of
surface water levels, wave action, water flow, turbidity or high
concentration of salts or other substances in the substrate.
Wetlands do not include areas which in normal rainfall years are
permanently submerged (streams, lakes, ponds and impoundments),
nor marine or estuarine areas below extreme low water of spring
tides.
4.2.2 -2. Require a survey and analysis with the delineation of all wetland
areas when the initial site survey indicates the presence or potential
for wetland species or indicators. Wetland delineations will be
conducted in accordance with the definitions of wetland boundaries
contained in section 13577(b) of the California Code of Regulations.
4.2.2 -3. Require buffer areas around wetlands of a sufficient size to ensure
the biological integrity and preservation of the wetland that they are
designed to protect. Wetlands shall have a minimum buffer width of
100 feet wherever possible. Smaller wetland buffers may be allowed
only where it can be demonstrated that 1) a 100 -foot wide buffer is
not possible due to site - specific constraints, and 2) the proposed
narrower buffer would be amply protective of the biological integrity
of the wetland given the site - specific characteristics of the resource
and of the type and intensity of disturbance.
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4.2.3 Dredging, Diking, and Filling
Coastal Act policies related to dredging, diking, or filling that are relevant to Newport
Beach include the following:
30233. (a) The diking. filling, or dredging of open coastal waters, wetlands, estuaries, and takes shall be permitted in
accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging
alternative. and where feasible mitigation measures have been provided to minimize adverse environmental effects,
and shall be limited to the following:
(1) New or expanded port. energy, and coastal -dependent industrial facilities, including commercial fishing facilities.
(2) Maintaining exisUng, or restoring previously dredged, depths in existing navigational channels, turning basins,
vessel berthing and mooring areas, and boat launching ramps.
(3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, .
identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411; for boating facilities
If, in conjunction with such boating facilities, a substantial portion of the degraded wetland is, restored and.,
maintained as a biologically productive wetland. The sire of the wetland area used for boatingJacililies, including.
berthing space, turning basins, necessary navigation channels, and any necessary support service facilities shall
not exceed 25 percent of the degraded wetland.
(4) In open coastal waters, other than wetlands, including streams, estuaries. and lakes, new or expanded boating
facilities and the placement of structural pilings for public recreational piers that provide public access and
recreational opportunities.
(5) Incidental public service purposes, including, but not limited to, burying cables and, pipes, or inspection of piers
and maintenance of exisUng intake and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive. areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource -dependent activities.
(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife
habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes
to appropriate beaches or into suitable longshore current systems.
(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall
maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by
the Department of fish and Game. including, but not limited to, the 19 coastal wetlands identified in its report entitled,
"Acquisition Priorities for the Coastal. Wetlands of California ", shall be limited to very minor incidental public facilities,
restorative measures, nature study, commercial fishing facilities in Bodega . Bay, and development in already
developed parts of south San Diego Bay, if otherwise in accordance with this division. For the purposes of this
section, 'commercial fishing facilities in Bodega Bay' means that not less than 80 percent of all boating facilities
proposed to be developed or improved, where such improvement would create additional berths in Bodega Bay, shall
be designed and used for commercial fishing activities.
Upper Newport Bay
Newport Bay is an estuary, an embayment along the coast where inland fresh
water mixes with salt water from the ocean. Newport Bay's main source of fresh
water is San Diego Creek. Historically only about 15 square miles of land drained
into the bay via San Diego Creek. However, San Diego Creek was channelized in
1968 so that peak floods and sediment could be efficiently routed to the bay. This
increased the drainage area to about 118 square miles. In 1969, heavy storm
runoff poured hundreds of thousands of tons of sediment into the bay.
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Subsequent storm season
sedimentation events in 1978 and
1980 caused shallowing of the
Upper Bay. Intertidal saltmarsh
vegetation became established and
expanded rapidly. This would have
eventually filled the bay with
sediment and turned it into a
meadow.
In 1985, 85 acres of the Upper Bay9
were dredged out to create the Unit I
Sediment Control Basin (depths —3
to —7 feet MSL). A second dredging San Diego Creek near Back Bay Drive
project in 1988 created the 37 -acre
Unit II Sediment Control Basin, just south of the Main Dike (depth —14 feet MSL).
Both basins have worked well, collecting large volumes of coarser grained
sediment from periodic flood runoff, principally down San Diego Creek. However,
these require extensive on -going maintenance dredging. The last major dredging
activity in the bay occurred in 1998 -99. This project cleared about 900,000 cubic
yards of sediment from the bay. As the 1998 -99 project was completed, Newport
Beach, Orange County, the Irvine Ranch Water District, the Santa Ana Regional
Water Quality Control Board, The Irvine Company, the California Department of
Fish and Game, and the watershed cities of Irvine, Costa Mesa, Tustin, Lake
Forest, and Laguna Woods, began planning a larger, more significant project with
the U.S. Army Corps of Engineers to complete the restoration of the Upper
Newport Bay.
The Upper Newport Bay Ecosystem Restoration Project was developed to restore
and maintain tidal movement in the bay. The project would dredge more than 2.7
million cubic yards from the Upper Bay, restore deteriorated habitat, increase blue -
water views, move the Least Tern islands, and open up several island channels in
mid -Upper Bay.
Upper Newport Bay
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Lower Newport Bay /Harbor
Since Lower Newport Bay was
dredged between 1934 and 1936 to
create the navigation channels, the
U.S. Army Corps of Engineers has
dredged the Lower Bay on only three
occasions. In 1941 they deepened
the turning basin at the west end of
the harbor (Lido Village area). In
1981, 85,000 cubic yards of sand
were dredged from the harbor
entrance adjacent to Big Corona. In
1998, 204,000 cubic meters of
sediment are removed from just
The Turning Basin below the Pacific Coast Highway
Bridge at the junction of the Main
and Upper Bay Channels in the area of Harbor and Linda Islands. Except for
these three projects, maintenance dredging by the Corps to maintain the federally
authorized harbor channels has not been undertaken. As part of their
maintenance responsibility, the Corps does annual Newport Bay condition surveys
of the navigational channels to ascertain whether the channels are at or near their
design depth and whether additional dredging is necessary.
There are approximately 1,200 harbor permits for both residential and commercial
docks within Newport Harbor. It is general policy that the responsibility for
dredging around and under private docks rests with the private property owner. In
the past, the City has secured a Regional General Permit in order to expedite
property owners' permit processing with the Corps and the California Coastal
Commission. The Regional General Permits' term is typically 5 to 10 years.
Policies:
4.2.3 -1. Permit the diking, filling, or dredging of open coastal waters,
wetlands, estuaries, and lakes in accordance with other applicable
provisions of the LCP, where there is no feasible less
environmentally damaging alternative, and where feasible mitigation
measures have been provided to minimize adverse environmental
effects and limited to the following:
A. Construction or expansion of port/marine facilities.
B. Construction or expansion of coastal- dependent industrial
facilities, including commercial fishing facilities, and
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commercial ferry facilities.
C. In wetland areas only, entrance channels for new or expanded
boating facilities; and in a degraded wetland, identified by the
Department of Fish and Game pursuant to subdivision (b) of
Section 30411, for boating facilities if, in conjunction with such
boating facilities, a substantial portion of the degraded
wetland is restored and maintained as a biologically
productive wetland. The size of the wetland area used for
boating facilities, including berthing space, turning basins,
necessary navigation channels, and any necessary support
service facilities shall not exceed 25 percent of the degraded
wetland.
D. In open coastal waters, other than wetlands, including
estuaries and streams, new or expanded boating facilities,
including slips, access ramps, piers, marinas, recreational
boating, launching ramps, and pleasure ferries, and the
placement of structural pilings for public recreational piers that
provide public access and recreational opportunities.
E. Maintenance of existing and restoration of previously dredged
depths in navigational channels, turning basins, vessel
berthing, anchorage, and mooring areas, and boat launching
ramps. The most recently updated U.S. Army Corps of
Engineers maps shall be used to establish existing Newport
Bay depths.
F. Incidental public service purposes which temporarily impact
the resources of the area, such as burying cables and pipes,
inspection of piers, and maintenance of existing intake and
outfall lines.
G. Sand extraction for restoring beaches, except in
environmentally sensitive areas.
H. Restoration purposes.
I. Nature study, aquaculture, or similar resource - dependent
activities.
J. In the Upper Newport Bay Marine Park, permit dredging,
diking, or filling only for the purposes of wetland restoration,
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nature study, or to enhance the habitat values of
environmentally sensitive areas.
4.2.3 -2. Continue to permit recreational docks and piers as an allowable use
within intertidal areas in Newport Harbor.
4.2.3 -3. Continue support of the Upper Newport Bay Ecosystem Restoration
Project to restore the Upper Newport Bay to its optimal ecosystem.
4.2.3 -4. Require dredging and dredged material disposal to be planned and
carried out to avoid significant disruption to marine and wildlife
habitats and water circulation.
4.2.3 -5. Secure federal funding for the Upper Newport Bay Ecosystem
Restoration Project.
4.2.3 -6. Secure permanent use designation for the LA -3 sediment disposal
site for future dredging projects.
4.2.3 -7. Require the following mitigation measures for dredging projects in
the Upper Newport Bay Marine Park:
A. Dredging and spoils disposal must be planned and carried out
to limit turbidity and to avoid significant disruption to marine
and wildlife habitats and water circulation.
B. Maintenance dredging shall be encouraged where the
dredging enhances commercial or recreational use of the Bay.
When dredged material is of an appropriate grain size and
grain percentage, this material may be used to restore or
replace natural sandy sloping beaches in order to retain the
current profiles of Newport Bay. Maintenance dredging
activity shall have the approval of the U.S. Army Corps of
Engineers and shall meet applicable U.S. Environmental
Protection Agency standards.
C. Dredged material not suitable for beach nourishment or other
permitted beneficial reuse shall be disposed of offshore at a
designated U.S. Environmental Protection Agency disposal
site or at an appropriate upland location.
D. Temporary dewatering of dredged spoils may be authorized
within the Bay's drainage if adequate erosion controls are
provided and the spoils are removed. A bond or a contractual
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arrangement shall be a precondition to dredging of the
material, and final disposal of the dewatered material on the
approved dump site shall be accomplished within the time
period specified in the permit.
E. Dredged spoils shall not be used to fill riparian areas,
wetlands, or natural canyons.
Other mitigation measures may include opening areas to tidal
action, removing dikes, improving tidal flushing, restoring salt
marsh or eelgrass vegetation, or other restoration measures.
G. Dredge spoils suitable for beach nourishment should be
transported for such purposes to appropriate beaches or into
suitable longshore current systems provided that the
placement is permitted by a Section 404 permit.
4.2.3 -8. Continue to cooperate with the U.S. Army Corps of Engineers in their
maintenance and delineation of federal navigational channels at
Newport Harbor in the interest in providing navigation and safety.
4.2.3 -9. Continue to secure Regional General Permits through the U.S. Army
Corps of Engineers and the California Coastal Commission to
expedite permit processing for residential and commercial dock
owners in the Bay.
4.2.3 -10. Seek permits authorizing maintenance dredging under and around
residential piers and floats subject to compliance with all conditions
to the current Regional General Permit, including grain size
requirements, availability of suitable dredge disposal site, and
periodic bioassays.
4.2.3 -11. Require the following minimum mitigation measures if a project
involves diking or filling of a wetland:
A. If an appropriate mitigation site is available, the applicant shall
submit a detailed plan which includes provisions for (1)
acquiring title to the mitigation site; (2) "in- kind" wetland
restoration or creation where possible; (3) where `but -of -kind"
mitigation is necessary, restoration or creation of wetlands
that are of equal or greater biological productivity to the
wetland that was filled or dredged; and (4) dedication of the
restored or created wetland and buffer to a public agency, or
permanent restriction of their use to open space purposes.
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Adverse impacts shall be mitigated at a ratio of 3:1 for impacts
to seasonal wetlands, freshwater marsh and riparian areas,
and at a ratio of 4:1 for impacts to vernal pools and saltmarsh
(the ratio representing the acreage of the area to be
restored /created to the acreage of the area diked or filled),
unless the applicant provides evidence establishing, and the
approving authority finds, that restoration or creation of a
lesser area of wetlands will fully mitigate the adverse impacts
of the dike or fill project. However, in no event shall the
mitigation ratio be less than 2:1 unless, prior to the
development impacts, the mitigation is completed and is
empirically demonstrated to meet performance criteria that
establish that the created or restored wetlands are functionally
equivalent or superior to the impacted wetlands. The
mitigation shall occur on -site wherever possible. Where not
possible, mitigation should occur in the same watershed. The
mitigation site shall be purchased and legally restricted and /or
dedicated before the dike or fill development may proceed.
B. The applicant may, in some cases, be permitted to open
equivalent areas to tidal action or provide other sources of
surface water in place of creating or restoring wetlands
pursuant to paragraph A. This method of mitigation would be
appropriate if the applicant already owns, or can acquire, filled
or diked areas which themselves are not environmentally
sensitive habitat areas but which would become so if such
areas were opened to tidal action or provided with other
sources of surface water.
C. However, if no appropriate sites under options (A) and (B) are
available, the applicant shall pay an in -lieu fee of sufficient
value to an appropriate public agency for the purchase and
restoration of an area of equivalent productive value, or
equivalent surface area.
This third option would be allowed only if the applicant is unable to
find a willing seller of a potential restoration site. The public agency
may also face difficulties in acquiring appropriate sites even though it
has the ability to condemn property. Thus, the in -lieu fee shall reflect
the additional costs of acquisition, including litigation, as well as the
cost of restoration. If the public agency's restoration project is not
already approved by the City, the public agency may need to be a
co- applicant for a permit to provide adequate assurance that
conditions can be imposed to assure that the purchase of the
mitigation site shall occur prior to issuance of the permit. In addition,
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such restoration must occur in the same general region (e.g., within
the same estuary) where the fill occurred.
4.2.3 -12. All preferred restoration programs would remove fill from a formerly
productive wetland or estuary that is now biologically unproductive
dry land and would establish a tidal prism necessary to assure
adequate flushing. Since restoration projects necessarily involve
many uncertainties, restoration should precede the diking or filling
project. At a minimum, permits will be conditioned to assure that
restoration wilt occur simultaneously with project construction.
Restoration and management plans shall be submitted with the
permit application.
4.2.3 -13. Where impacts to wetlands are allowed, require monitoring of
mitigation measures for a period of sufficient time to determine if
mitigation objectives and performance standards are being met.
Mid - course corrections shall be implemented if necessary to meet
the objectives or performance standards. Require the submittal of
monitoring reports during the monitoring period that document the
success or failure of the mitigation. To help insure that the mitigation
project is self - sustaining, final monitoring for all mitigation projects
shall take place after at least three years with no remediation or
maintenance activities other than weeding. If performance standards
are not met by the end of the prescribed monitoring period, the
monitoring period shall be extended or the applicant shall submit an
amendment .application proposing alternative mitigation measures
and implement the approved changes. Unless it is determined by
the City that a differing mitigation monitoring schedule is appropriate,
it is generally anticipated that monitoring shall occur for a period of
not less than five years.
4.2.3 -14. Require that any project that includes diking, filling or dredging of a
wetland or estuary, as permitted pursuant to Policy 4.2.3 -1, maintain
the functional capacity of the wetland or estuary. Functional capacity
means the ability of the wetland or estuary to be self- sustaining and
to maintain natural species diversity. In order to establish that the
functional capacity is being maintained, the applicant must
demonstrate all of the following:
A. That the project does not alter presently occurring plant and
animal populations in the ecosystem in a manner that would
impair the long -term stability of the ecosystem; i.e., natural
species diversity, abundance, and composition are essentially
unchanged as a result of the project.
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B. That the project does not harm or destroy a species or habitat
that is rare or endangered.
C. That the project does not harm a species or habitat that is
essential to the natural biological functioning of the wetland or
estua ry.
D. That the project does not significantly reduce consumptive
(e.g., fishing, aquaculture and hunting) or non - consumptive
(e.g., water quality and research opportunity) values of the
wetland or estuarine ecosystem.
4.2.3 -15. Require new development on the waterfront to design and site
docking facilities in relationship to the water's depth and accessibility.
4.2.3 -16. Design and site all structures permitted to encroach into open
coastal waters, wetlands, and estuaries to harmonize with the natural
appearance of the surrounding area.
4.2.3 -17. Continue to limit residential and commercial structures permitted to
encroach beyond the bulkhead line to piers and docks used
exclusively for berthing of vessels. However, this policy shall not be
construed to allow development that requires the filling of open
coastal waters, wetlands or estuaries that would require mitigation
for the loss of valuable habitat in order to place structures closer to
the bulkhead line or create usable land areas.
4.2.3 -18. Require restoration plans to be reviewed and approved by a qualified
professional prior to accepting sites for mitigation.
Balboa Island Channel
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4.2.4 Dredge Spoils Disposal
Coastal Act policies related to dredge spoils disposal that are relevant to Newport Beach
include the following:
30233. (b) Dredging and spoils disposal shall be planned.and carried out to avoid significant disruption to marine and
wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such
purposes to appropriate beaches or into suitable longshore current, systems.
(d) Erosion control and flood control facilities constructed '. on watercourses can impede the movement of sediment
and nutrients which would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery
of these sediments to the littoral zone, whenever feasible, the material removed from these facilities may be placed at
appropriate points on the shoreline in accordance vnth other,. applicable provisions of this division, where feasible
mitigation measures have been provided to minimize adverse environmental effects, Aspects that shall be considered
before issuing coastal development permit_for such purposes are the method of. placement, time of year of
placement, and sensitivity of the placement area.
Section 30233(b) of the Coastal Act
requires that dredge spoils be disposed
of in a manner that avoids disruption to
habitats. The selection of a disposal
site for dredged sediments is dependent
upon the physical and chemical
characteristics of the material. Material
free of chemical contamination and
consisting primarily of sand of an
acceptable grain size (usually
approximately 80 percent sand) is
generally suitable for beach
nourishment and placed on appropriate
beaches or within suitable longshore
currents. Material of appropriate grain Dredging project in Balboa Island Channel
size and with minimal contamination may be disposed of at unconfined, openwater
disposal sites authorized by the U.S. Environmental Protection Agency (EPA) and
U.S. Army Corps of Engineers. Dredged material that is physically suitable, but is
chemically unsuitable for aquatic disposal due to of elevated levels of certain
contaminants, may be used as fill, or in certain wetland construction and habitat
improvement projects, provided the contaminated materials are confined (e.g.,
parking lots, container piers, etc.).
Periodic maintenance dredging and habitat restoration projects in Newport Bay
require an environmentally acceptable disposal site. However, due to grain size
incompatibility, most of this material will not be suitable for beach nourishment.
Upland disposal is generally cost - prohibitive and harbor landfill and habitat
improvement projects occur too infrequently to be a reliable disposal option.
Therefore, the most practical solution is a nearby offshore disposal site. The LA -3
Ocean Dredged Material Disposal Site (ODMDS) is located approximately 4 miles
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Disposal of dredge material off of West Newport
off the coast of Newport Beach. The
LA -3 site has been historically used for
the disposal of dredged material from
Newport Bay and for material not
suitable for beach nourishment at
Newport Beach due to grain size
incompatibility. The LA -3 ODMDS was
designated as an interim site for the
disposal of dredged material by the
EPA. Securing LA -3 ODMS as a
permanently designated disposal site is
therefore essential to the projection of
Newport Bay as a commercial,
recreational and ecological resource.
Erosion control and flood control facilities constructed on water courses can
impede the movement of sediment and nutrients which would otherwise be carried
by storm runoff into coastal waters. To facilitate the continued delivery of these
sediments to the littoral zone, whenever feasible, the material removed from these
facilities may be placed at appropriate points on the shoreline where feasible
mitigation measures have been provided to minimize adverse environmental
effects. Aspects that shall be considered before issuing a coastal development
permit for such purposes are the method of placement, time of year of placement,
and sensitivity of the placement area.
Monitoring dredging projects within the region can provide opportunities to reduce
disposal costs and utilize dredge spoils for beach nourishment. By placing the
sediment on the beach, offshore disposal costs are eliminated and the
nourishment project provides a tangible benefit from the dredging operation. In
1992, a nourishment project was devised to reduce disposal costs and to take
advantage of the large quantities of beach -grade sand from the Lower Santa Ana
River Flood Control Channel Expansion Project. Nearly 1.3 million cubic yards of
dredged material were deposited offshore of Newport Beach, which migrated to
West Newport beaches under the influence of waves and currents.
Policies:
4.2.4 -1. Cooperate with the U.S. Environmental Protection Agency and the
U.S. Army Corps of Engineers to secure LA -3 ODMDS as a
permanently designated disposal site.
4.2.4 -2. Monitor dredging projects within the region to identify opportunities to
reduce disposal costs and utilize dredge spoils for beach
nourishment.
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4.2.4 -3. Dredged materials suitable for beneficial reuse shall be transported
for such purposes to appropriate areas and placed in a manner that
minimizes adverse effects on the environment.
4.2.4 -4. Participate in regional sediment management by maintaining records
of the number of channelized streams, miles of channelization in
streams, volumes of sediment extracted from stream channels and
debris basins, and the grain size distribution of the extracted
sediments.
4.2.4 -5. Material removed from erosion control and flood control facilities
suitable for beach replenishment should be transported for such
purposes to appropriate beaches or into suitable long shore current
systems.
4.2.5 Eelgrass Protection and Restoration
Eelgrass (Zostera marina) is an
important underwater plant that is "
indicative of and supports ai �' r
healthy and diverse marine "= a!,
environment (see Section 4.1.4 — 3�t
Eelgrass Meadows). Dredging '
projects in the Lower Bay have
the potential to impact eelgrass
bed resources. The loss of
eelgrass as a result of coastal
development is considered to be
a significant environmental
impact, and any potential impacts
to this resource must be avoided,
minimized, or mitigated. Eelgrass in the Newport Harbor Entrance Channel
Currently, mitigation requires an
expensive and time - consuming
procedure that requires the eelgrass to be replanted, monitored, and maintained
per the Southern California Eelgrass Mitigation Policy. This policy was developed
in 1991 by the National Marine Fisheries Service, U.S. Fish and Wildlife Service,
and the California Department of Fish and Game in order to standardize and
maintain a consistent policy regarding mitigating adverse impacts to eelgrass
resources. The policy typically requires that for every square foot of eelgrass
removed, 1.2 square feet must be planted and maintained. Eelgrass mitigation
monitoring is required for a period of 5 years for most projects.
The City, the County of Orange, and the U.S. Army Corps of Engineers have
worked with various resource agencies (including the U.S. Fish and Wildlife
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Service, the National Marine Fisheries Service, and the California Department of
Fish and Game) to develop a plan whereby the City and the County of Orange
would establish, monitor, and maintain eelgrass beds. The eelgrass restoration
program is intended to enhance between 5 and 10 acres of eelgrass to the Harbor
within eight pilot restoration sites. Once deemed successful, these eight sites will
serve as eelgrass mitigation sites for City projects and as a mitigation bank from
which eelgrass mitigation credits will be issued to private property owners for
eelgrass removal resulting from dock and channel dredging projects.
The Southern California Eelgrass Mitigation Policy provides detailed procedures
for mitigating adverse impacts to eelgrass resources. However, the policy
contains no provision for post- recovery conditions. The policy was drafted at a
time when eelgrass coverage was near a low point in Newport Harbor. At present
(2003), eelgrass is abundant in several sections of Newport Harbor and has been
expanding its distribution in both Lower and Upper Newport Bay. The policy
requires all eelgrass patches to be protected or replaced, regardless of its size,
location, or habitat value or the extent of eelgrass coverage within the harbor.
Eelgrass protection, mitigation, and monitoring complicate and substantially
increase the cost of dredging maintenance projects, which are essential to
protecting the Newport Harbor's value as a commercial and recreational resource.
The City is developing a
conceptual eelgrass mitigation
program that will address the
establishment of eelgrass acreage
baselines for Newport Harbor. The
baseline would be the minimum
acreage, based on the distribution,
density, and productivity,
necessary for eelgrass meadows
to fulfill their ecological function.
Once the baseline is determined,
projects may be granted
exemptions to the Southern
Eelgrass restoration California Eelgrass Mitigation
Policy mitigation requirements,
provided the eelgrass acreage
baseline is maintained. The National Marine Fisheries Service, as the lead
agency, would need to incorporate such a provision into Southern California
Eelgrass Mitigation Policy and the U.S. Army Corps of Engineers, the Coastal
Commission, and the Santa Ana Regional Water Quality Control Board to
incorporate the provision into the City's Regional General Permit and into any
individual property owner's dredging or dock construction permit that qualifies
under future applications. The establishment of a baseline for eelgrass meadows
will serve to protect their important ecological function while allowing the periodic
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dredging that is essential to protect the Newport Harbor's value as a commercial
and recreational resource. The eelgrass mitigation program is conceptual in
nature and will need further review and agency approval.
Policies:
4.2.5 -1. Avoid impacts to eelgrass (Zostera marina) to the greatest extent
possible. Mitigate losses of eelgrass at a 1.2 to 1 mitigation ratio and
in accordance with the Southern California Eelgrass Mitigation
Policy. Encourage the restoration of eelgrass throughout Newport
Harbor where feasible.
4.2.5 -2. Continue to cooperate with the County of Orange, the U.S. Army
Corps of Engineers, and resource agencies to establish eelgrass
restoration sites.
4.2.5 -3. Conduct studies to establish an eelgrass acreage baseline for
Newport Harbor based on the distribution, density, and productivity,
necessary for eelgrass meadows to fulfill their ecological function.
4.2.5 -4. Cooperate with the National Marine Fisheries Service to incorporate
a provision into the Southern California Eelgrass Mitigation Policy
that would allow exemptions to mitigation requirements for harbor
maintenance projects for provided the eelgrass acreage baseline is
maintained.
4.2.5 -5. Cooperate with the U.S. Army Corps of Engineers, the Coastal
Commission, and the Santa Ana Regional Water Quality Control
Board to incorporate the eelgrass acreage baseline exemption
provision into the City's Regional General Permit and into any
individual property owner's dredging or dock construction permit that
qualifies under future applications.
4.2.5 -6. Perform periodic surveys of the distribution of eelgrass in Newport
Bay in cooperation with the National Marine Fisheries Services to
insure that the eelgrass baseline is maintained.
4.2.5 -7. Cooperate with resource agencies to conduct a comprehensive
evaluation of biological, recreational, commercial and aquatic
resources of Newport Harbor and to develop a Harbor Area
Management Plan (HAMP) that will maintain all of the intended
beneficial uses of the harbor.
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4.3 Water Quality
Coastal Act policies related to water quality that are relevant to Newport Beach include the
following:
30230. Marine resources shall be maintained, enhanced, and, where feasible, restored. special protection shall be
given to areas and species of special biological or economic significance . Uses of the marine environment shall be
carried out in a manner that will sustain the biological producWhy of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long -term commercial, recreational, sclentific, and
educational purposes.
30231. The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes
appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be
maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water
discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial
interference with surface waledlow, encouraging waste water reclamation, maintaining natural vegetation buffer areas
that protect riparian habitats, and minimizing alteration of natural streams.
30232. Protection against the spillage of crude oil, gas,. petroleum products, or hazardous substances.shall be
provided in relation to any development or transportation of such materials. Effective containment and cleanup
facilities and procedures shall be provided for accidental spills. that do occur
Newport Beach's greatest resources are
its coastline and bay. They have drawn
people here since prehistoric times, were
the preeminent factor in the community's
founding and development, and continue
to provide the community with
employment, recreation, natural habitat,
and a beautiful physical setting. With
these great gifts come great
responsibilities for the protection and
enhancement of these resources.
Newport
greatly a
Newport
shoreline
quality.
Beach has traditionally cared
out the quality of the water in
Bay and along the ocean
and has embarked on a number of programs to improve the water
Shoreline near Balboa Pier
4.3.1 TMDLs
Newport Bay receives urban runoff from the Newport Bay watershed, an area that
includes unincorporated County territory and areas within the cities of Costa Mesa,
Laguna Woods, Lake Forest, Irvine, Newport Beach, Orange, Santa Ana, and
Tustin. The primary tributaries to Newport Bay are the Santa Ana /Delhi Channel
(draining the cities of Costa Mesa and Santa Ana), San Diego Creek (draining the
cities of Irvine, Laguna Woods, Lake Forest, portions of Newport Beach, Orange,
and Tustin), and Big Canyon Creek (draining Newport Beach).
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Newport Bay is designated as "water quality - limited" for four impairments under
the Federal Clean Water Act's Section 303(d) List, meaning that it is "not
reasonably expected to attain or maintain water quality standards" due to these
impairments without additional regulation. As a water quality - limited body, the
California Regional Water Quality Control Board, Santa Ana Region ( "Regional
Board ") and the U.S. Environmental Protection Agency ( "U.S. EPA ") have
developed total maximum daily loads ( "TMDLs ") for the following substances:
sediment, nutrients, fecal coliform, and toxic pollutants. The Board included these
TMDLs in the Regional Board's Basin Plan for the region.
Sediment. Adopted on October 9, 1998, the Sediment TMDL requires local
partners (stakeholders in the watershed) to survey the Bay regularly and to reduce
annual sediment coming into the Bay from 250,000 cubic yards to 125,000 cubic
yards (a 50% reduction) by 2008. The TMDL's goal is to reduce dredging
frequency in Upper Newport Bay to once every 20 years. Part of the TMDL
includes a proposed Upper Newport Bay Ecosystem Restoration Project, a U.S.
Army Corps of Engineers -led ecosystem restoration project that attempts to
restore the Upper Bay to its optimal habitat.
Nutrients. Approved by U.S. EPA on April 16, 1999, the Nutrient TMDL limits
nitrogen and phosphorus inputs to the Bay. The Nutrient TMDL attempts to
reduce the annual loading of nitrogen by 50% -- from 1,400 pounds per day today
to approximately 850 to 802 pounds per day at San Diego Creek — by 2012.
Phosphorus loading must fall from 86,912 pounds per year in 2002 to 62,080
pounds by 2007.
Fecal Coliform. Approved in December 1999, the Fecal Coliform TMDL attempts
to reduce the amount of fecal coliform inputs to the Bay enough to make the Bay
meet water contact recreation (RECD standards (swimming, wading, surfing) by
2014 and shellfish harvesting (SHEL) standards (where waters support shellfish
acceptable for human consumption) by 2020.
Toxic Pollutants. Adopted by U.S. EPA on June 14, 2002, the Toxic Pollutants
TMDL addresses Bay inputs like heavy metals (chromium, copper, lead, cadmium,
zinc) and priority organics like (endosulfan, DDT, Chlordane, PCBs, Toxaphene,
diazinon, chlorpyriphos, more). It may lead to the reduction or elimination of
pesticide use by residents, businesses, and municipal services in the watershed.
Some controls will be placed on heavy metals. The Toxic Pollutants TMDL also
addresses existing toxic deposits in sediments in Rhine Channel and other areas
in the Lower Bay.
To implement the obligations of the TMDLs and to partner on related water quality
issues, Newport Beach, the Regional Board, the California Department of Fish and
Game, the County of Orange, and the other cities in the Newport Bay watershed
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have established the Newport Bay Watershed Executive Committee as advised by
the Watershed Management Committee (WEC and WMC).
The WMC typically meets quarterly to comply with the TMDLs established by the
Regional Board. Generally, all the TMDLs established by the Regional Board
require that watershed- based solutions be developed by the watershed
stakeholders, and then the stakeholders jointly fund and implement these projects
throughout the watershed.
Policies:
4.3.1 -1. Continue to develop and implement the TMDLs established by the
Regional Board and guided by the Newport Bay Watershed
Executive Committee (WEC).
4.3.1 -2. Secure funding for the Upper Newport Bay Ecosystem Restoration
Project.
4.3.1 -3. Establish and protect a long -term funding source for the regular
dredging of Upper Newport Bay and dredging of the Lower Newport
Bay so that the City and its watershed partners achieve the goals
and directives of the Sediment and Nutrient TMDLs adopted for
Newport Bay.
4.3.1 -4. Preserve, or where feasible, restore natural hydrologic conditions
such that downstream erosion, natural sedimentation rates, surface
flow, and groundwater recharge function near natural equilibrium
states.
4.3.1 -5. Require development on steep slopes or steep slopes with erosive
soils to implement structural best management practices (BMPs) to
prevent or minimize erosion consistent with any load allocation of the
TMDLs adopted for Newport Bay.
4.3.1 -6. Require grading /erosion control plans to include soil stabilization on
graded or disturbed areas.
4.3.1 -7. Require measures be taken during construction to limit land
disturbance activities such as clearing and grading, limiting cut -and-
fill to reduce erosion and sediment loss, and avoiding steep slopes,
unstable areas, and erosive soils. Require construction to minimize
disturbance of natural vegetation, including significant trees, native
vegetation, root structures, and other physical or biological features
important for preventing erosion or sedimentation.
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4.3.1 -8. Protection against the spillage of crude oil, gas, petroleum products,
or hazardous substances shall be provided in relation to any
development or transportation of such materials. Effective
containment and cleanup facilities and procedures shall be provided
for accidental spills that do occur.
4.3.2 NPDES
The City of Newport Beach operates a
municipal separate storm sewer system
(MS4). The City's MS4 is permitted by
the Regional Board under the National
Pollutant Discharge Elimination System
( NPDES). The City's MS4 permit is
extensive in its obligation to keep
waterways clean by reducing or
eliminating contaminants from stormwater
and dry- weather runoff. MS4 permits
require an aggressive Water Quality
Ordinance (Ord. 97 -26), specific
Catch basin screens and fillers municipal practices to maintain city
facilities like the MS4, and the use of
"best management practices" (BMPs) in many residential, commercial, and
development - related activities to further cut runoff. MS4 permits also require local
agencies to cooperatively develop a public education campaign to let more people
know about what they can do at home and at work to protect water quality.
Policies:
4.3.2 -1. Promote pollution prevention and elimination methods that minimize
the introduction of pollutants into coastal waters, as well as the
generation and impacts of dry weather and polluted runoff.
4.3.2 -2. Require that development not result in the degradation of coastal
waters (including the ocean, estuaries and lakes) caused by changes
to the hydrologic landscape.
4.3.2 -3. Support and participate in watershed -based runoff reduction and
other planning efforts with the Regional Board, the County of
Orange, and upstream cities.
4.3.2 -4. Continue to update and enforce the Newport Beach Water Quality
Ordinance consistent with the MS4 Permit.
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4.3.2 -5. Develop and maintain a water quality checklist to be used in the
permit review process to assess potential water quality impacts.
4.3.2 -6. Implement and improve upon best management practices (BMPs) for
residences, businesses, new development and significant
redevelopment, and City operations.
4.3.2 -7. Incorporate BMPs into the project design in the following
progression:
Site Design BMPs.
Source Control BMPs.
Treatment Control BMPs.
Include site design and source control BMPs in all developments.
When the combination of site design and source control BMPs are
not sufficient to protect water quality as required by the LCP or
Coastal Act, structural treatment BMPs will be implemented along
with site design and source control measures.
4.3.2 -8. To the maximum extent practicable, runoff should be retained on
private property to prevent the transport of bacteria, pesticides,
fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons,
brake dust, tire residue, and other pollutants into recreational waters.
4.3.2 -9. To the maximum extent practicable, limit the use of curb drains to
avoid conveying runoff directly to the City's street drainage system
without the benefit of absorption by permeable surfaces and natural
treatments such as landscaped areas and planters.
4.3.2 -10. Provide storm drain stenciling and signage for new storm drain
construction in order to discourage dumping into drains.
4.3.2 -11. Require new development to minimize the creation of and increases
in impervious surfaces, especially directly connected impervious
areas, to the maximum extent practicable. Require redevelopment to
increase area of pervious surfaces, where feasible.
4.3.2 -12. Require development to protect the absorption, purification, and
retention functions of natural drainage systems that exist on the site,
to the maximum extent practicable. Where feasible, design drainage
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and project plans to complement and utilize existing drainage
patterns and systems, conveying drainage from the developed area
of the site in a non - erosive manner. Disturbed or degraded natural
drainage systems should be restored, where feasible.
4.3.2 -13. Site development on the most suitable portion of the site and design
to ensure the protection and preservation of natural and sensitive
site resources by providing for the following:
A. Protecting areas that provide important water quality benefits,
areas necessary to maintain riparian and aquatic biota and /or
that are susceptible to erosion and sediment loss;
B. Analyzing the natural resources and hazardous constraints of
planning areas and individual development sites to determine
locations most suitable for development;
C. Preserving and protecting riparian corridors, wetlands, and
buffer zones;
D. Minimizing disturbance of natural areas, including vegetation,
significant trees, native vegetation, and root structures;
E. Ensuring adequate setbacks from creeks, wetlands, and other
environmentally sensitive habitat areas;
F. Promoting clustering of development on the most suitable
portions of a site by taking into account geologic constraints,
sensitive resources, and natural drainage features
G. Utilizing design features that meet water quality goals
established in site design policies.
4.3.2 -14. Whenever possible, divert runoff through planted areas or sumps
that recharge the groundwater dry wells and use the natural filtration
properties of the earth to prevent the transport of harmful materials
directly into receiving waters.
4.3.2 -15. Where infiltration of runoff would exacerbate geologic hazards,
include equivalent BMPs that do not require infiltration.
4.3.2 -16. Require structural BMPs to be inspected, cleaned, and repaired as
necessary to ensure proper functioning for the life of the
development. Condition coastal development permits to require
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ongoing application and maintenance as is necessary for effective
operation of all BMPs (including site design, source control, and
treatment control).
4.3.2 -17. Utilize permeable surfaces that permit the percolation of urban runoff
in non - sidewalk areas within the City's parkway areas, to the
maximum extent practicable.
4.3.2 -18. Condition coastal development permits to require the City, property
owners, or homeowners associations, as applicable, to sweep
permitted parking lots and public and private streets frequently to
remove debris and contaminated residue.
4.3.2 -19. Require parking lots and vehicle traffic areas to incorporate BMPs
designed to prevent or minimize runoff of oils and grease, car battery
acid, coolant, gasoline, sediments, trash, and other pollutants to
receiving waters.
4.3.2 -20. Require commercial development to incorporate BMPs designed to
prevent or minimize the runoff of pollutants from structures,
landscaping, parking areas, loading and unloading dock areas, repair
and maintenance bays, and vehicle /equipment wash areas.
4.3.2 -21. Require service stations, car washes and vehicle repair facilities to
incorporate BMPs designed to prevent or minimize runoff of oil and
grease, solvents, car battery acid, coolant, gasoline, and other
pollutants to stormwater system from areas including fueling areas,
repair and maintenance bays, vehicle /equipment wash areas, and
loading /unloading dock areas.
4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal
waters.
4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to
the maximum extent practicable dry weather runoff, runoff from small
storms (less than 3/4" of rain falling over a 24 -hour period) and the
concentration of pollutants in such runoff during construction and
post- construction from the property.
4.3.2 -24. To further reduce runoff, direct and encourage water conservation
via the use of weather- and moisture -based irrigation controls, tiered
water consumption rates, and native or drought - tolerant plantings in
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residential, commercial, and municipal properties to the maximum
extent practicable.
4.3.2 -25. Effectively communicate water quality education to residents and
businesses, including the development of a water quality testing lab
and educational exhibits at the Back Bay Science Center on
Shellmaker Island.
4.3.3 Sanitary Sewer Overflows
The City of Newport Beach owns and
operates a wastewater collection
system that collects residential and
commercial wastewater and transports
it, using a system of 20 pump stations,
for treatment by the Orange County
Sanitation District. Residences and
businesses -- when permitted by the
City -- hook up private lateral lines to
the City's collection lines. Private and
public lines and the City's pump stations
have the potential to cause sanitary
sewer overflows (SSOs).
Main Channel
SSOs lead to several beach closures in and around Newport Beach each year.
State law (AB 411, Wayne) requires local health officials to close receiving waters
to recreational uses when health officials know of or suspect that an SSO could
reach recreational waters. As such, SSOs in Newport Beach and in inland cities
can cause closures to Newport Beach's waters.
Most SSOs in the area are caused by line blockages. The primary causes of line
blockages are grease and root clogs. Newport Beach has adopted regulations for
the disposal of grease and other insoluble waste discharges from commercial food
preparation facilities to prevent blockages of the sewer system and is investigating
alternative grease control methods.
As a part of the City's Sewer System Management Plan (SSMP), the City's Utilities
Department follows a defined Sewer Master Plan to replace or reline older
wastewater lines. Newport Beach also uses remote cameras in sewer lines to
look for pipe cracks, root intrusion, and grease buildup to assist in prioritizing the
line replacement program.
Maintenance failures of plumbing associated with pump stations are another
leading cause of SSOs. Newport Beach's Sewer Master Plan includes upgrades
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of its pump stations, including replacing pump stations with gravity systems where
possible. Upgraded pump stations also include spill- warning systems with multiple
communication methods (radio, telephone, pager, and direct line to the City's
Utilities yard) to inform Utilities staff of any malfunction.
Public education plays an important role in preventing and controlling SSOs.
Through water billing and other means, the City reminds the public -- and
especially restaurants -- to clean sewer laterals often, maintain private grease
control systems, keep roots under control, and to immediately report SSOs.
Policies:
4.3.3 -1. Develop and implement sewer system management plans to replace
or reline older wastewater lines and upgrade pump stations.
4.3.3 -2. Conduct additional public education reminding property owners and
food preparation facilities to clean sewer laterals often, maintain
private grease control systems, keep roots under control, and to
immediately report SSOs.
4.3.3 -3. Require waste discharge permits with all food preparation facilities
that produce grease and require such permits to include:
Agreements to follow appropriate BMPs;
Maximum grease intrusion levels;
Maintenance /posting of appropriate educational material;
Maintenance log for laterals (at least quarterly);
Maintenance of a log for any grease control device or vat;
Funding for regular compliance inspections;
• Acknowledgement of City's ability to fine for non - compliance.
4.3.3 -4. Monitor food preparation facilities via waste discharge permits and
monitor spill reduction progress.
4.3.3 -5. Participate with other sewer collection and treatment agencies to
investigate alternatives to grease interceptors.
4.3.3 -6. Continue to renovate all older sewer pump stations and install new
plumbing according to most recent standards.
4.3.3 -7. Comply with the Regional Board's Waste Discharge Requirements
(WDRs) associated with the operation and maintenance of a sewage
collection system.
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4.4 Scenic and Visual Resources
Coastal Act policies related to scenic and visual resources that are relevant to Newport Beach
include the following.
30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance.
Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to
minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where
feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as
those designated in the California Coastline. Preservation and Recreation Plan prepared by the Department of Parks and
Recreation and by local government shall be subordinate to the character of its setting.
4.4.1 Coastal Views
Newport Beach is located in a unique physical setting that provides a variety of
spectacular coastal views, including those of the open waters of the ocean and
bay, sandy beaches, rocky shores, wetlands, canyons, and coastal bluffs. The
City has historically been sensitive to the need to protect and provide access to
these scenic and visual resources and has developed a system of public parks,
piers, trails, and viewing areas. Coastal views are also provided from a number of
streets and highways and, due to the grid street pattern in West Newport, Balboa
Peninsula, Balboa Island, and Corona del Mar, many north -south tending streets
provide view corridors to the ocean and bay.
Little Corona
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Policies:
4.4.1 -1. Protect and, where feasible, enhance
the scenic and visual qualities of the
coastal zone, including public views to
and along the ocean, bay, and harbor
and to coastal bluffs and other scenic
coastal areas.
4.4.1 -2. Design and site new development,
including landscaping, so as to
minimize impacts to public coastal
views.
4.4.1 -3. Design and site new development to
minimize alterations to significant
natural landforms, including bluffs,
cliffs and canyons.
Oceanfront Boardwalk at 25" Street Beach
4.4.1 -4. Where appropriate, require new development to provide view
easements or corridors designed to protect public coastal views or to
restore public coastal views in developed areas.
4.4.1 -5. Where feasible, require new development to restore and enhance
the visual quality in visually degraded areas.
4.4.1 -6. Protect public coastal views from the following roadway segments:
• Backbay Drive.
• Balboa Island Bridge.
• Bayside Drive from Coast Highway to Linda Island Drive.
• Bayside Drive at Promontory Bay.
• Coast Highway /Santa Ana River Bridge.
• Coast Highway /Newport Boulevard Bridge and Interchange.
• Coast Highway from Newport Boulevard to Marino Drive.
• Coast Highway /Newport Bay Bridge.
• Coast Highway from Jamboree Road to Bayside Drive.
Eastbluff Drive from Jamboree Road to Backbay Drive.
• Irvine Avenue from Santiago Drive to University Drive.
• Jamboree Road from Eastbluff Drive /University Drive to State
Route 73.
• Jamboree Road in the vicinity of the Big Canyon Park.
• Jamboree Road from Coast Highway to Bayside Drive.
• Lido Island Bridge.
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• Newport Boulevard from Hospital Road/Westwinster Avenue to
Via Lido Drive.
• Newport Center Drive from Newport Center Drive E/W to Farallon
Drive /Granville Drive.
Ocean Boulevard.
• State Route 73 from Bayview Way to University Drive.
• Superior Avenue from Hospital Road to Coast Highway.
• University Drive from Irvine Avenue to the Santa Ana — Delhi
Channel.
4.4.1 -7, Design and site new development, including landscaping, on the
edges of public coastal view corridors, including those down public
streets, to frame and accent public coastal views.
4.4.1 -8. Design and maintain parkway and median landscape improvements
in public rights -of -way so as not to block public coastal views at
maturity.
4.4.1 -9. Where feasible, provide public trails, recreation areas, and viewing
areas adjacent to public coastal view corridors.
4.4.1 -10. Restrict development on sandy beach areas to those structures
directly supportive of visitor - serving and recreational uses, such as
lifeguard towers, recreational equipment, restrooms, and showers.
Design and site such structures to minimize impacts to public coastal
views.
4.4.2 Bulk and Height Limitation
Homes on the Balboa Peninsula
Concern over the intensity of
development around Lower
Newport Bay led to the adoption
of a series of ordinances in the
early 1970s that established more
restrictive height and bulk
development standards around
the bay. The intent was to
regulate the visual and physical
mass of structures consistent with
the unique character and visual
scale of Newport Beach. As a
result, new development within
the Shoreline Height Limitation
Zone is limited to a height of 35
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feet. Residential development is limited to a height of 24 to 28 feet and non-
residential development is limited to a height of 26 to 35 feet. Outside of the
Shoreline Height Limitation Zone, heights up to 50 feet are permitted within the
planned community districts. There are also two properties in the coastal zone
that are within the High Rise Height Limitation Zone, which are permitted heights
up to 375 feet. The first is the site of Newport Beach Marriott Hotel in Newport
Center; the other is an undeveloped office site northeast of the Jamboree
Road /State Route 73 interchange.
Floor areas are strictly limited citywide. In the coastal zone, residential
development is limited to floor areas ranging from 1.5 to 2.0 times the buildable
area of the parcel (the land minus required setback yards), which typically
translates to actual floor area ratios of 0.95 to 1.35. Nonresidential development
floor area ratios range from 0.30 to 1.25.
Policies:
4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height
Limitation Zone, as graphically depicted on Map 4 -3.
4.4.2 -2. Continue to regulate the visual and physical mass of structures
consistent with the unique character and visual scale of Newport
Beach.
4.4.2 -3. Implement the regulation of the building envelope to preserve public
views through the height, setback, floor area, lot coverage, and
building bulk regulation of the Zoning Code in effect as of October
13, 2005 that limit the building profile and maximize public view
opportunities.
4.4.2 -4. Prohibit projections associated with new development to exceed the
top of curb on the bluff side of Ocean Boulevard. Exceptions for
minor projections may be granted for chimneys and vents provided
the height of such projections is limited to the minimum height
necessary to comply with the Uniform Building Code.
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4.4.3 Natural Landform Protection
Newport Beach coastal zone contains a number of distinctive topographic
features. The central and northwestern portions of the City are situated on a
broad mesa that extends southeastward to join the San Joaquin Hills, commonly
known as Newport Mesa. This upland has been deeply dissected by stream
erosion, resulting in moderate to steep bluffs along the Upper Newport Bay
estuary, one of the most striking and biologically diverse natural features in
Orange County. The nearly flat- topped mesa rises from about 50 to 75 feet above
mean sea level at the northern end of the estuary in the Santa Ana Heights area,
to about 100 feet above sea level in the Newport Heights, Westcliff, and Eastbluff
areas.
Along the southwestern margin of the City, sediments flowing from the Santa Ana
River and San Diego Creek, the two major drainage courses that transect the
mesa, have formed the beaches, sandbars, and mudflats of Newport Bay and
West Newport. These lowland areas were significantly modified during the last
century in order to deepen channels for navigation and form habitable islands.
Balboa Peninsula, a barrier beach that protects the bay, was once the site of
extensive low sand dunes.
In the southern part
of
Joaquin r
abruptly from '
sea se arated from
t:
a
• • • • _ 'w-
The bluffs, cliffs, hillsides, canyons, and other significant natural landforms are an
important part of the scenic and visual qualities of the coastal zone and are to be
protected as a resource of public importance.
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Coastal Bluffs
Coastal bluffs are formed by a
rapid uplift of the shore relative to
sea level. Coastal bluffs are
dynamic, evolving landforms.
Coastal bluffs can be impacted by
processes at both the bottom and
top of the cliffs. Pounding by
waves during high tide and storm
surges can undercut the base and
lead to eventual collapse of the
bluff. Bluffs are also shaped by
wind, surface runoff, and ground
water erosion (see Sections 2.8.3,
2.8.5, and 2.8.6).
Coastal bluffs are a prominent Upper Newport Bay coastal bluffs
landform in Newport Beach. There
are ocean facing coastal bluffs along the shoreline of Corona del Mar, Shorecliffs,
and Cameo Shores. There are also coastal bluffs facing the wetlands of Upper
Newport Bay, Semeniuk Slough, and the degraded wetlands of the Banning
Ranch property. Finally, there are coastal bluffs surrounding Lower Newport Bay.
These can be seen along Coast Highway from the Semeniuk Slough to Dover
Drive and in Corona del Mar above the Harbor Entrance. These bluffs faced the
open ocean before the Balboa Peninsula formed and are now generally separated
from the shoreline. Coastal bluffs are considered significant scenic and
environmental resources and are to be protected.
Most of the coastal bluff top lands have been subdivided and developed over the
years. However, many have been preserved as parkland and other open space.
Also, most of the faces of the coastal bluff surrounding the Upper Newport Bay
have been protected by dedication to the Upper Newport Bay Nature Preserve or
dedicated as open space as part of the Castaways, Eastbluff, Park Newport,
Newporter North (Harbor Cove), and Bayview Landing planned residential
developments. In other areas, including Dover Shores, Corona del Mar,
Shorecliffs, and Cameo Shores, the coastal bluffs fall within conventional
residential subdivisions. Development on these lots occurs mainly on a lot -by -lot
basis. As a result, some coastal bluffs remain pristine and others are physically or
visually obliterated by structures, Iandform alteration or landscaping.
Development restrictions, including setbacks, must be established to ensure
geologic stability while addressing current patterns of development. Where the
bluff is subject to marine erosion, development on bluff top lots must be set back
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at least 25 feet from the bluff edge. On bluff top lots where the bluff is not subject
to marine erosion, the setback from the bluff edge should be based on the
predominant line of existing development along the bluff edge in each
neighborhood. These bluff edge setbacks may be increased to maintain sufficient
distance to ensure stability, ensure that it will not be endangered by erosion, and
to avoid the need for protective devices during the economic life of the structure
(75 years).
Development on the bluff face is generally prohibited, with exceptions for certain
public improvements or private improvements determined to be consistent with the
predominant line of development.
Corona del Mar is one of the few areas in the coastal zone where there is
extensive development of the bluff face; specifically, residential development on
Avocado Avenue, Pacific Drive, Carnation Avenue, and Ocean Boulevard. The
initial subdivision and development of these areas occurred prior to the adoption of
policies and regulations intended to protect coastal bluffs and other landforms.
Development in these areas is allowed to continue on the bluff face to be
consistent with the existing development pattern and to protect coastal views from
the bluff top. However, development on the bluff face is controlled to minimize
further alteration.
The bluffs along Bayside Drive were at one time exposed to the Lower Newport
Bay. However, these bluffs separated from the shoreline when abutting tidelands
were filled and reclaimed in the 1920s and later developed into the communities of
Promontory Bay, Beacon Bay, and Bayside. Later development of Irvine Terrace
and Promontory Point cut and filled these bluffs. Development in these areas is
subject to setbacks established for bluffs not subject to marine erosion.
Little Corona sea cave and bluffs
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Coastal Canyons
There are three significant canyons in the coastal
zone, Big Canyon, Buck Gully, and Morning
Canyon. The steep slopes and vegetation of
these canyons are distinctive features on the
shoreline of the ocean and bay. Big Canyon is
protected as a nature park. However, Buck Gully
and Morning Canyon are under private ownership
and there is extensive residential development on
the slopes of both canyons. Therefore, any effort
to protect and enhance the visual quality of these
canyons will require the cooperation of the
property owners.
Other Landforms
Some of the edges of Newport Mesa and the San
Joaquin Hills are located a considerable distance Buck Gully development
from the shoreline, but are still highly visible from
public view points, roadways, or the water. These areas have moderate to steep
slopes, accentuated in places by gullies, ravines, and rock outcroppings. In order
to protect the overall visual quality of the coastal zone, new development in these
areas need to be sited and designed to minimize the alteration of natural land
forms and to be visually compatible with the character of surrounding areas.
Policies:
4.4.3 -1. Require new planned communities to dedicate or preserve as open
space the coastal bluff face and an area inland from the edge of the
coastal bluff adequate to provide safe public access and to avoid or
minimize visual impacts.
4.4.3 -2. Maintain approved bluff edge setbacks for the coastal bluffs within
the planned communities of Castaways, Eastbluff, Park Newport,
Newporter North (Harbor Cove), and Bayview Landing to ensure the
preservation of scenic resources and geologic stability.
4.4.3 -3. Require all new bluff top development located on a bluff subject to
marine erosion to be sited in accordance with the predominant line of
existing development in the subject area, but not less than 25 feet
from the bluff edge. This requirement shall apply to the principal
structure and major accessory structures such as guesthouses and
pools. The setback shall be increased where necessary to ensure
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safety and stability of the development.
4.4.3 -4. On bluffs subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require
structural foundations to be sited in accordance with the predominant
line of existing development in the subject area, but not less than 10
feet from the bluff edge. Require accessory structures to be
removed or relocated landward when threatened by erosion,
instability or other hazards.
4.4.3 -5. Require all new bluff top development located on a bluff not subject
to marine erosion to be set back from the bluff edge in accordance
with the predominant line of existing development in the subject
area. This requirement shall apply to the principal structure and
major accessory structures such as guesthouses and pools. The
setback shall be increased where necessary to ensure safety and
stability of the development.
4.4.3 -6. On bluffs not subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require
structural foundations, to be set back from the bluff edge in
accordance with the predominant line of existing accessory
development. Require accessory structures to be removed or
relocated landward when threatened by erosion, instability or other
hazards.
4.4.3 -7. Require all new development located on a bluff top to be setback
from the bluff edge a sufficient distance to ensure stability, ensure
that it will not be endangered by erosion, and to avoid the need for
protective devices during the economic life of the structure (75
years). Such setbacks must take into consideration expected long-
term bluff retreat over the next 75 years, as well as slope stability.
To assure stability, the development must maintain a minimum factor
of safety of 1.5 against landsliding for the economic life of the
structure.
4.4.3 -8. Prohibit development on bluff faces, except private development on
coastal bluff faces along Ocean Boulevard, Carnation Avenue and
Pacific Drive in Corona del Mar determined to be consistent with the
predominant line of existing development or public improvements
providing public access, protecting coastal resources, or providing
for public safety. Permit such improvements only when no feasible
alternative exists and when designed and constructed to minimize
alteration of the bluff face, to not contribute to further erosion of the
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bluff face, and to be visually compatible with the surrounding area to
the maximum extent feasible.
4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar,
require all new development to be sited in accordance with the
predominant line of existing development in order to protect public
coastal views. Establish a predominant line of development for both
principle structures and accessory improvements. The setback shall
be increased where necessary to ensure safety and stability of the
development.
4.4.3 -10. The coastal bluffs along Bayside Drive that have been cut and filled
by the Irvine Terrace and Promontory Point developments are no
longer subject to marine erosion. New development on these bluffs
is subject to the setback restrictions established for bluff top
development located on a bluff not subject to marine erosion.
4.4.3 -11. Require applications for new development to include slope stability
analyses and erosion rate estimates provided by a licensed Certified
Engineering Geologist or Geotechnical Engineer.
4.4.3 -12. Employ site design and construction techniques to minimize
alteration of coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except
when an alternative location is more protective of coastal
resources.
B. Utilizing existing driveways and building pads to the maximum
extent feasible.
C. Clustering building sites.
D. Shared use of driveways.
E. Designing buildings to conform to the natural contours of the
site, and arranging driveways and patio areas to be
compatible with the slopes and building design.
F. Utilizing special foundations, such as stepped, split level, or
cantilever designs.
G. Detaching parts of the development, such as a garage from a
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dwelling unit.
H. Requiring any altered slopes to blend into the natural contours
of the site.
4.4.3 -13. Require new development adjacent to the edge of coastal bluffs to
incorporate drainage improvements, irrigation systems, and /or native
or drought - tolerant vegetation into the design to minimize coastal
bluff recession.
4.4.3 -14. Require swimming pools located on bluff properties to incorporate
leak prevention and detection measures.
4.4.3 -15. Design and site new development to minimize the removal of native
vegetation, preserve rock outcroppings, and protect coastal
resources.
4.4.3 -16. Design land divisions, including lot line adjustments, to minimize
impacts to coastal bluffs.
4.4.3 -17. Identify and remove all unauthorized structures, including protective
devices, fences, and stairways, which encroach into coastal bluffs.
4.4.3 -18. Establish canyon development setbacks based on the predominant
line of existing development for Buck Gully and Morning Canyon. Do
not permit development to extend beyond the predominant line of
existing development by establishing a development stringline where
a line is drawn between nearest adjacent corners of existing
structures on either side of the subject property. Establish
development stringlines for principle structures and accessory
improvements.
Note: See Sections 2.8.6 and 2.8.7 for technical submittal requirements on
beach, bluff and canyon properties.
Corona del Mar coastal bluffs
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4.4.4 Signs and Utilities
The City has adopted special sign
regulations for the Mariner's Mile
commercial district and for the Balboa
Peninsula. These sign regulations
include limitations on freestanding and
roof signs, which have the greatest
potential to impact coastal scenic and
visual resources.
In some of the older neighborhoods,
electrical, telephone, cable television,
and other utility lines are still located
above ground. The City requires overhead 0%eswere placed underground in Balboa Village
utilities to be placed underground in all
new developments and has ongoing programs to remove and underground
overhead utilities through the establishment of underground utility districts.
Policies:
4.4.4 -1. Design and site signs, utilities, and antennas to minimize visual
impacts to coastal resources.
4.4.4 -2. Continue to implement the special sign regulations in Mariner's Mile
and on the Balboa Peninsula.
4.4.4 -3. Update sign regulations for the West Newport, Marine Avenue, and
Corona del Mar commercial areas.
4.4.4 -4. Implement programs to remove illegal signs and amortize legal
nonconforming signs.
4.4.4 -5. Prohibit new billboards and roof top signs and regulate the bulk and
height of other freestanding signs that affect public coastal views.
Heritage signs are not subject to this restriction.
4.4.4 -6. Continue to require new development to underground utilities.
4.4.4 -7. Continue programs to remove and underground overhead utilities.
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4.5 Paleontological Cultural Resources
Coastal Act policies related to paleontological, archaeological, and historical Resources
that are relevant to Newport Beach include the following:
30244. Where development would adversely impact archaeological or paleontological resources as identified by the
State Historic Preservation Officer, reasonable mitigation measures shall be required..
4.5.1 Paleontological and Archaeological Resources
Orange County's geologic history began 175 - 145 million years ago, in the Middle
to Late Jurassic Period. The oldest rocks in Orange County are located in the
central Santa Ana Mountains and contain fossils such as radiolarians, ammonites
and bivalves. These types of rocks and fossils indicate that this area was under
the ocean. Therefore, for most of its geologic history, Orange County was
underwater.
During the Miocene Epoch (26 — 7 million years ago) tectonic forces produced
mountain uplifts, initiated movement on the nascent San Andreas fault system,
and formed numerous coastal marine basins, including the Los Angeles Basin, of
which most of Orange County is a part. Orange County became a shallow bay as
the sea retreated. Miocene fossils are from both marine and land organisms, as
the area was a shallow sea surrounded by jungles and savannas.
Tectonic forces began to uplift the land during the Pliocene (7 - 2.5 million years
ago). The sea began to slowly recede from the coast. Each successive shoreline
is represented today by a marine terrace and can be seen in Corona del Mar
today. Three marine terraces can be seen north of Corona del Mar by driving
toward the beach on MacArthur Boulevard. Sandstone deposited in the Newport
Beach area in the late Pliocene contains a wealth of marine mammals, sea birds
and a variety of seashells.
The seas continued to regress during the cooler Pleistocene (2.5 million — 15,000
years ago), and tectonic forces continued to uplift the land. Although the
Pleistocene Epoch is called the "Ice Age," glacial ice never reached Southern
California. A heavily vegetated, marshy area extended inland beyond the
shoreline, and a great variety of vertebrate Ice Age animals lived in the area.
Fossils of Ice Age horses, elephants, bison, antelopes and Dire wolves have been
found at sites near the Castaways.
The first generally accepted period of human occupation of the Southern California
began around the end of the Pleistocene, about 10,000 to 12,000 years ago.
Some of the evidence of the earliest human occupation in Orange County was
found at archaeological sites around the Upper Newport Bay.
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Tongva steatAe bowl recovered from a development site
Policies:
These and other archaeological sites
in Newport Beach present evidence
that highly mobile and resourceful
people lived here as far back as 9,500
years ago. A village site excavated in
Newporter North was occupied at
various times over 5,500 years.
Archaeological excavations indicate
that the earliest people followed the
seasonal migration of animals and
collected a wide variety of wild plant
resources. Later inhabitants were
more sedentary, hunting sea
mammals, small and large terrestrial
mammals, fish, bird, and shellfish.
4.5.1 -1. Require new development to protect and preserve paleontological
and archaeological resources from destruction, and avoid and
minimize impacts to such resources. If avoidance of the resource is
not feasible, require an in situ or site - capping preservation plan or a
recovery plan for mitigating the effect of the development.
4.5.1 -2. Require a qualified paleontologist/archeologist to monitor all grading
and /or excavation where there is a potential to affect cultural or
paleontological resources. If grading operations or excavations
uncover paleontological /archaeological resources, require the
paleontologist/archeologist monitor to suspend all development
activity to avoid destruction of resources until a determination can be
made as to the significance of the paleontological / archaeological
resources. If resources are determined to be significant, require
submittal of a mitigation plan. Mitigation measures considered may
range from in -situ preservation to recovery and /or relocation.
Mitigation plans shall include a good faith effort to avoid impacts to
cultural resources through methods such as, but not limited to,
project redesign, in situ preservation /capping, and placing cultural
resource areas in open space.
4.5.1 -3. Notify cultural organizations, including Native American
organizations, of proposed developments that have the potential to
adversely impact cultural resources. Allow qualified representatives
of such groups to monitor grading and /or excavation of development
sites.
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4.5.1 -4. Where in situ preservation and avoidance are not feasible, require
new development to donate scientifically valuable paleontological or
archaeological materials to a responsible public or private institution
with a suitable repository, located within Orange County, whenever
possible.
4.5.1 -5. Where there is a potential to affect cultural or paleontological
resources, require the submittal of an archeological /cultural
resources monitoring plan that identifies monitoring methods and
describes the procedures for selecting archeological and Native
American monitors and procedures that will be followed if additional
or unexpected archeological /cultural resources are encountered
during development of the site. Procedures may include, but are not
limited to, provisions for cessation of all grading and construction
activities in the area of the discovery that has any potential to
uncover or otherwise disturb cultural deposits in the area of the
discovery and all construction that may foreclose mitigation options
to allow for significance testing, additional investigation and
mitigation.
4.5.1 -6. Continue to protect Upper Newport Bay cliff faces to serve as a
reference section for micropaleontological studies.
4.5.2 Historical Resources
Newport Beach has a number of
buildings and sites in the coastal
zone that are representative of
the history of the community and
the region. Some of these
historical resources have been
recognized as being of statewide
or national importance. There
are four properties in Newport
Beach that are listed as
California Historical Landmarks:
Early photograph of the Balboa Pavilion
Old Landing (No. 198). Established by Captain Dunnells in the
1870's, it was the site of the first shipping business in Newport Bay.
Site Of First Water -To -Water Flight (No. 775). Commemorates the
May 10, 1912 flight of Glenn L. Martin from the waters of the Pacific
Ocean at Balboa to Catalina Island, the first water -to -water flight.
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• McFadden Wharf (No. 794). The site of the original wharf built in 1888
by the McFadden brothers.
• Balboa Pavilion (No. 959). Built in 1905, it is one of California's last
surviving examples of the great waterfront recreational pavilions from
the turn of the century.
There are also three properties that are listed in the National Register of Historic
Places:
• Balboa Inn. Built in 1929, the Balboa Inn is representative of Spanish
Colonial Revival architecture and beachfront tourist development.
• Balboa Pavilion. Built in 1905, the Balboa Pavilion is one of
California's last surviving examples of the great waterfront recreational
pavilions from the turn of the century.
• Lovell Beach House. Built in 1926, the Lovell Beach House was
designed by Rudolf Schindler . and is considered the first pure
International Style house built in America.
The City of Newport Beach has also listed seven properties in the Newport Beach
Register of Historical Property in recognition of their local historical or architectural
significance. In addition to the Balboa Pavilion and the Balboa Inn, the Newport
Beach Register of Historical Property includes:
• Rendezvous Ballroom Site. Destroyed by fire in 1966, the Rendezvous
Ballroom was a popular Balboa dance hall that featured numerous famous
Big Bands of the 1930's and 1940's.
• Pepper's Restaurant. The exposed structural components of Pepper's
Restaurant are timbers used in the original Balboa Island Bridge and
McFadden Wharf.
• Balboa Theater. Built in 1928, the Balboa Theater is a former vaudeville
theater that one time housed an infamous speakeasy during Prohibition.
• Balboa Saloon. The 1924 building is representative of Newport's nautical
history and Main Street commercial masonry style.
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l•- � 'Y'.v` �.«e vr. e"�'k..^YA at4v .vrvr -. -... .e .a ..
Dory Fishing Fleet
The Dory Fishing Fleet is located adjacent to Newport Pier. The fleet and open -air
fish market has operated there since its founding by a Portuguese fisherman in
1891. The last remaining fleet of its type, it is a historical landmark designated by
the Newport Beach Historical Society. It is a general policy of the City that an area
immediately west of the Newport Pier be reserved for the Newport Dory Fishing
Fleet.
Policies:
4.5.2 -1. Continue to maintain the Newport Beach Register of Historical
Property for buildings, objects, structures, and monuments having
importance to the history or architecture of Newport Beach.
4.5.2 -2. Allow the application of the State Historical Building Code to
buildings or structures listed in the Newport Beach Register of
Historical Property.
4.5.2 -3. Provide incentives, such as granting reductions or waivers of
applications fees, permit fees, and /or any liens placed by the City to
properties listed in the Newport Beach Register of Historical Property
in exchange for preservation easements.
4.5.2 -4. Continue to allow the Dory Fishing Fleet to be launched and stored
and to sell fish on the public beach adjacent to Newport Pier within
reasonable limits to protect the historical character of the fleet, the
coastal access and resources, and the safety of beach users in the
vicinity.
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4.6 Environmental Review
The protection of coastal resources and
protection from coastal hazards
requires that applications for new
development undergo appropriate
environmental review. In most cases,
the City conducts this review through
implementation of the California
Environmental Quality Act.
The California Environmental Quality
Act (CEQA) requires the state to review
the environmental impacts of projects
that require state or local government
coastal bluff revegetation at inspiration Point approval. CEQA requires appropriate
mitigation of projects that contain
significant environmental impacts.
Specifically, CEQA states that agencies must identify potential environmental
impacts, alter projects to avoid such impacts where feasible, seek alternatives that
will minimize unavoidable impacts, and require mitigation for any unavoidable
impacts that are necessary. CEQA mandates that the responsible agencies
consider a reasonable range of project alternatives that offer substantial
environmental advantages over the project proposal. CEQA adds that the agency
responsible for the project's approval must deny approval if there would be
"significant adverse effects" when feasible alternatives or feasible mitigation
measures could substantially lessen such effects.
To ensure consistency with the resource protection policies of the Coastal Land
Use Plan, applications for new development subject to coastal development permit
requirements will be reviewed by qualified City staff, contracted
employee /consultant and /or advisory committee in accordance with the CEQA
requirements, as well as those contained in the Local Coastal Program.
Policies:
4.6 -1. Review all new development subject to California Environmental Quality Act
(CEQA) and coastal development permit requirements in accordance with
the principles, objectives, and criteria contained in CEQA, the State CEQA
Guidelines, the Local Coastal Program, and any environmental review
guidelines adopted by the City.
4.6 -2. Integrate CEQA procedures into the review procedures for new
development within the coastal zone.
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4.6 -3. Require a qualified City staff member, advisory committee designated by
the City, or consultant approved by and under the supervision of the City, to
review all environmental review documents submitted as part of an
application for new development and provide recommendations to the
appropriate decision - making official or body.
4.6 -4. Require the City staff member(s) and /or contracted employee(s)
responsible for reviewing site specific surveys and analyses to have
technical expertise in biological resources, as appropriate for the resource
issues of concern (e.g. marine /coastal, wetland /riparian protection and
restoration, upland habitats and connectivity) and be knowledgeable about
the City of Newport Beach.
4.6 -5. Where development is proposed within or adjacent to ESHA, wetlands or
other sensitive resources, require the City staff member(s) and /or
contracted employee(s) to consider the individual and cumulative impacts of
the development, define the least environmentally damaging alternative,
and recommend modifications or mitigation measures to avoid or minimize
impacts. The City may impose a fee on applicants to recover the cost of
review of a proposed project when required by this policy.
4.6 -6. Where development is proposed within or adjacent to ESHA, wetlands or
other sensitive resources, require the City staff member(s) and /or
contracted employee(s) to include the following in any recommendations of
approval: an identification of the preferred project alternative, required
modifications, or mitigation measures necessary to ensure conformance
with the Coastal Land Use Plan. The decision making body (Planning
Director, Planning Commission, or City Council) shall make findings relative
to the project's conformance to the recommendations of the City staff
member(s) and /or contracted employee(s).
4.6 -7. Require City staff member(s) and /or contracted employee(s) to make a
recommendation to the decision making body as to whether an area
constitutes an ESHA, and if recommended as an ESHA, then establish the
boundaries thereof and appropriate buffers.
4.6 -8. Coordinate with the California Department of Fish and Game, U.S. Fish and
Wildlife Service, National Marine Fisheries Service, and other resource
management agencies, as applicable, in the review of development
applications in order to ensure that impacts to ESHA and marine resources,
including rare, threatened, or endangered species, are avoided or
minimized such that ESHA is not significantly degraded, habitat values are
not significantly disrupted, and the biological productivity and quality of
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coastal waters is preserved.
4.6 -9. Require applications for new development, where applicable, to include a
geologic /soils /geotechnical study that identifies any geologic hazards
affecting the proposed project site, any necessary mitigation measures, and
contains statements that the project site is suitable for the proposed
development and that the development will be safe from geologic hazard for
its economic life. For development on coastal bluffs, including bluffs facing
Upper Newport Bay, such reports shall include slope stability analyses and
estimates of the long -term average bluff retreat rate over the expected life
of the development. Reports are to be signed by an appropriately licensed
professional and subject to review and approval by qualified city staff
member(s) and /or contracted employee(s).
CCC Approved 10113105 Local Coastal Program
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5.0 Glossary
Accrete: To add new material gradually to pre- existing material; opposite of erode
Accretion: Enlargement of a beach area caused by either natural or artificial means.
Natural accretion on a beach is the build -up or deposition of sand or sediments by
water or wind. Artificial accretion is a similar build -up due to human activity, such as
the accretion due to the construction of a groin or breakwater, or beach fill deposited
by mechanical means.
Anaerobic Soil: Soil that is devoid of interstitial oxygen. In wetlands this condition
most normally occurs because of the sustained presence of water, which limits
contact with the atmosphere.
Anchorage Area: A water area outside of navigation channels designated for the
temporary anchorage of vessels, using their own anchoring tackle.
Appealable Area: That portion of the coastal zone within an appealable area
boundary adopted pursuant to Section 30603 of the Coastal Act and approved by the
Coastal Commission and depicted on the Permit and Appeal Jurisdiction Map.
Appealable Development: After certification of the Newport Beach Local Coastal
Program, an action taken by the City of Newport Beach on a coastal development
permit application may be appealed to the Coastal Commission for only the following
types of developments:
Developments approved by the City between the sea and the first public
road paralleling the sea or within 300 feet of the inland extent of any beach
or of the mean high tide line of the sea where there is no beach, whichever
is the greater distance.
2. Developments approved by the City not included within paragraph (1) that
are located on tidelands, submerged lands, public trust lands, within 100
feet of any wetland, estuary, or stream, within 300 feet of the top of the
seaward face of any coastal bluff.
3. Developments approved by the City not included within paragraph (1) or
(2) that are located in a sensitive coastal resource area.
4. Any development approved by a coastal county that is not designated as
the principal permitted use under the zoning ordinance or zoning district
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map approved pursuant to Chapter 6 (commencing with Section 30500 of
the Coastal Act).
5. Any development which constitutes a major public works project or a
major energy facility.
Aquaculture: A form of agriculture as defined in Section 17 of the Fish and Game
Code. Aquaculture products are agricultural products, and aquaculture facilities and
land uses shall be treated as agricultural facilities and land uses in all planning and
permit- issuing decisions governed by this division.
Aquifer: An underground layer of porous rock, sand, or other earth material
containing water, into which wells may be sunk.
Armor: To fortify a topographical feature to protect it from erosion (e.g., constructing
a wall to armor the base of a sea cliff).
Armor Rock (armor stone): Natural or man -made rock or rock -like structures that are
used for shoreline protection. Commonly, armor rock is used as the outermost layer
of a groin or revetment. Many forms of these rocks are utilized; their overall stability
depends largely on the type of mechanical interlock between the units, and in -place
fitting.
Artificial Hard Structure: Docks, floats, boat bottoms, bulkheads, seawalls, and other
hard surfaces that provide attachment surfaces for marine organisms.
ASBS: Area of Special Biological Significance designation by the California Water
Resources Control Board for a coastal habitat that is susceptible to the effects of
waste discharge.
Backbeach (Dry Beach): The sand area inundated only by storm tides or extreme
high tides. These areas supply sands to the dune system.
Bathymetrv: Related to submarine contours or topography; also refers to depth
measurements.
Beach: The expanse of sand, gravel, cobble or other loose material that extends
landward from the low water line to the place where there is distinguishable change
in physiographic form, or to the line of permanent vegetation. The seaward limit of a
beach (unless specified otherwise) is the mean low water line.
Beach Nourishment Program: Plan for conducting a series of beach nourishment
projects at a specific location, typically over a period of 50 years. The program would
be based on establishing the technical and financial feasibility of beach nourishment
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for the site and would include plans for obtaining funding and sources of sand for its
duration.
Beach Nourishment Project: Placement of sand on a beach to form a designed
structure in which an appropriate level of protection from storms is provided and an
additional amount of sand (advanced fill) is installed to provide for erosion of the
shore prior to the anticipated initiation of a subsequent project. The project may
include dunes and /or hard structures as part of the design.
Bedrock: Solid rock underlying soil and younger rock layers; generally the oldest
exposed geological unit.
Berm: A nearly horizontal portion of the beach or backshore formed by the deposit
of material by wave action. Some beaches have no berms and others may have one
or several.
Berth: A generic term defining any location, such as a floating dock, slip, mooring
and the related water area (berthing area) adjacent to or around it, intended for the
storage of a vessel in water.
Biodiversitv: A term used to quantitatively or qualitatively describe the species
richness and abundance of plants and animals within an ecosystem.
Biological Community: A naturally occurring group of different plant and animals
species that live in a particular environment.
Bluff: A high bank or bold headland with a broad, precipitous, sometimes rounded
cliff face overlooking a plain or body of water. A bluff may consist of a steep cliff face
below and a more sloping upper bluff above.
Bluff. Coastal: A bluff overlooking a beach or shoreline or that is subject to marine
erosion. Many coastal bluffs consist of a gently sloping upper bluff and a steeper
lower bluff or sea cliff. The term "coastal bluff" refers to the entire slope between a
marine terrace or upland area and the sea. The term "sea cliff' refers to the lower,
near vertical portion of a coastal bluff. For purposes of establishing jurisdictional and
permit boundaries coastal bluffs include, (1) those bluffs, the toe of which is now or
was historically (generally within the last 200 years) subject to marine erosion; and
(2) those bluffs, the toe of which is not now or was not historically subject to marine
erosion, but the toe of which lies within an area otherwise identified as an Appealable
Area.
Bluff Edge: The upper termination of a bluff, cliff, or seacliff: In cases where the top
edge of the bluff is rounded away from the face of the bluff as a result of erosional
processes related to the presence of the steep bluff face, the bluff line or edge shall
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be defined as that point nearest the bluff beyond which the downward gradient of the
surface increases more or less continuously until it reaches the general gradient of
the bluff In a case where there is a steplike feature at the top of the bluff face, the
landward edge of the topmost riser shall be taken to be the bluff edge. Bluff edges
typically retreat landward due to coastal erosion, landslides, development of gullies,
or by grading (cut). In areas where the bluff top or bluff face has been cut or notched
by grading, the bluff edge shall be the landwardmost position of either the current of
historic bluff edge. In areas where fill has been placed near or over the historic bluff
edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be
the bluff edge.
Bluff Face: The portion of a bluff between the bluff edge and the toe of the bluff.
Bluff Top Retreat (or cliff top retreat): The landward migration of the bluff or cliff
edge, caused by marine erosion of the bluff or cliff toe and subaerial erosion of the
bluff or cliff face.
BMPs (Best Management Practices): Schedules of activities, prohibitions of
practices, operation and maintenance procedures, and other management practices
to prevent or reduce the conveyance of pollution in stormwater and urban runoff, as
well as, treatment requirements and structural treatment devices designed to do the
same.
Buffer: A buffer is a development setback that provides essential open space
between development and protected habitat. Buffers keep disturbance at a distance,
accommodate errors in the estimation of habitat boundaries, and provide important
auxiliary habitat that may be used, for example, for foraging, maintenance of
pollinators, or refuge from high tides. Buffers should be measured from the
delineated boundary of an ESHA or wetland or, for streams, from the top of bank or
the landward edge of riparian vegetation, which ever provides the larger buffer.
Breach: A breakthrough of part, or all, of a protective wall, beach sand barrier, beach
berm, or the like by ocean waves, river or stream flow, mechanical equipment, or a
combination of these forces. Breaching is sometimes purposefully done to protect a
region from river overflow.
Breakwater: A structure or barrier protecting a shore area, harbor, anchorage, or
basin from waves, usually constructed as a concrete or riprap (rock wall) structure.
Bulkhead: Vertical walls built into and along the Harbor shoreline preventing the
erosion of land into the water and to protect the land from wave, tide and current
action by the water, similar to a "retaining wall" on land. Bulkheads may be directly
bordered by water, or may have sloped stones (riprap) or sand beach between the
bulkhead and the water and land areas.
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Bulkhead Line: Harbor land /water perimeter lines established in Newport Harbor by
the federal government, which define the permitted limit of filling or solid structures
that may be constructed in the Harbor.
California Least Tern: An endangered bird species that nests on beaches and in salt
marshes along California; smallest of the terns.
Canyon Edge: The upper termination of a canyon: In cases where the top edge of
the canyon is rounded away from the face of the canyon as a result of erosional
processes related to the presence of the canyon face, the canyon edge shall be
defined as that point nearest the canyon beyond which the downward gradient of the
surface increases more or less continuously until it reaches the general gradient of
the canyon. In a case where there is a steplike feature at the top of the canyon face,
the landward edge of the topmost riser shall be taken to be the canyon edge.
Caulerpa algae: An invasive Mediterranean seaweed introduced to southern
California in 2000 that has a potential to cause severe ecological damage to coastal
and nearshore waters.
CDFG: California Department of Fish and Game (also known as DFG).
CNDDB: California Natural Diversity Database.
Channel: A water area in Newport Harbor designated for vessel navigation, with
necessary width and depth requirements, and which may be marked or otherwise
designated on federal navigation charts, as well as in other sources.
Charter Vessel: A vessel used principally for charter purposes, a "charter" being a
rental agreement, generally for a period of one day or more.
Clast: An individual constituent, grain, or fragment of a sediment or rock, produced
by the mechanical weathering (disintegration) of a larger rock mass.
Cliff: A high, very steep to perpendicular or overhanging face of rock.
Coastal Access: The ability of the public to reach, use or view the shoreline of
coastal waters or inland coastal recreation areas and trails.
Coastal- dependent Development or Use: Any development or use which requires a
site on, or adjacent to, the sea to be able to function at all.
Coastal Development Permit (CDP): A permit for any development within the
coastal zone that is required pursuant to subdivision (a) of Section 30600.
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Coastal Commission: The California Coastal Commission, the state agency
established by state law responsible for carrying out the provisions of the Coastal Act
and for review of coastal permits on appeal from local agencies.
Coastal Plan: The California Coastal Zone Conservation Plan prepared and adopted
by the California Coastal Zone Conservation Commission and submitted to the
Governor and the Legislature on December 1, 1975, pursuant to the California
Coastal Zone Conservation Act of 1972 (commencing with Section 27000).
Coastal - related Development: Any use that is dependent on a coastal- dependent
development or use.
Coastal Zone: That land and water area of the State of California from the Oregon
border to the border of the Republic of Mexico, specified on the maps identified and
set forth in Section 17 of that chapter of the Statutes of the 1975 -76 Regular Session
enacting this division, extending seaward to the state's outer limit of jurisdiction,
including all offshore islands, and extending inland generally 1,000 yards from the
mean high tide line of the sea. In significant coastal estuarine, habitat, and
recreational areas it extends inland to the first major ridgeline paralleling the sea or
five miles from the mean high tide line of the sea, whichever is less, and in
developed urban areas the zone generally extends inland less than 1,000 yards. The
coastal zone does not include the area of jurisdiction of the San Francisco Bay
Conservation and Development Commission, established pursuant to Title 7.2
(commencing with Section 66600) of the Government Code, nor any area contiguous
thereto, including any river, stream, tributary, creek, or flood control or drainage
channel flowing into such area.
Contour: A line on a topographic map or bathymetric (depth) chart representing
points of equal elevation with relation to a datum (point or set of points). Contour
lines are usually spaced into intervals for easier comprehension and utilization.
Cretaceous: A period of geologic time spanning 136 -64 million years ago.
Cumulative Effect (Cumulative Impacts): The incremental effects of an individual
project shall be reviewed in connection with the effects of past projects, the effects of
other current projects, and the effects of probable future projects.
Current: A flow of water in a particular direction. Such flows can be driven by wind,
temperature or density differences, tidal forces, and wave energy. Currents are often
classified by location, such as longshore current, surface current, or deep ocean
currents. Different currents can occur in the same general area, resulting in different
water flows, for example, a rip current can flow perpendicular to the shore through
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the surf zone, a long shore current may flow southerly, parallel to the coast and a
seasonal deep water current may flow to the north.
Demolition: The deliberate removal or destruction of the frame or foundation of any
portion of a building or structure for the purpose of preparing the site for new
construction or other use.
Development: On land, in or under water, the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any
gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or
extraction of any materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the Subdivision Map Act
(commencing with Section 66410 of the Government Code), and any other division
of land, including lot splits, except where the land division is brought about in
connection with the purchase of such 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 any structure, including any
facility of any private, public, or municipal utility; and the removal or harvesting of
major vegetation other than for agricultural purposes, kelp harvesting, and timber
operations which are in accordance with a timber harvesting plan submitted pursuant
to the provisions of the Z'berg - Nejedly Forest Practice Act of 1973 (commencing with
Section 4511).
Disturbed: A term used to identify a biological habitat that has been altered by
natural or man -made events.
Dock: A structure generally linked to the shoreline, to which a vessel may be
secured. A dock may be fixed to the shore, on pilings, or floating in the water.
Dominant: The major plant or animal species in a community.
Downcoast: In the United States usage, it is the coastal direction generally trending
toward the south; also the way in which current flows.
DPR: California State Department of Parks and Recreation.
Dry Storage: Dry storage of vessels includes all on -land storage of vessels including
vessels normally stored in open or enclosed rack structures, on trailers, on cradles,
on boat stands, or by other means.
Dune: Ridges or mounds of loose, wind -blown material usually sand. A dune
structure often has a back and foredune area. Stable dunes are often colonized by
vegetation.
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DWR: California State Department of Water Resources
Easement: A limited right to make use of a land owned by another, for example, a
right of way across the property.
Ebb Tide: The period of tide between high water and the succeeding low water; a
falling tide (opposite = flood tide).
Eelgrass: A marine flowering plant (Zostera marina) that is found primarily in coastal
bays and estuaries on soft substrate.
El Nino: A term used to describe a cyclic weather pattern caused by changes in
tropical ocean current patterns that result in worldwide changes in weather patterns.
Energy Facility: Any public or private processing, producing, generating, storing,
transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other
source of energy.
Entertainment/Excursion Vessels: Commercial vessels engaged in the carrying of
passengers for hire for hire for the purposes of fishing, whale watching, diving,
educational activities, harbor and coastal tours, dining /drinking, business or social
special events and entertainment.
Eocene: A period of geologic time spanning 54 -38 million years ago.
Ephemeral: Short-lived (e.g, an ephemeral stream only flows immediately after
rainfall).
Equilibrium Beach Width: The mean distance between the shoreline and backbeach
line at which sand contributions and losses are balanced.
Erode: The gradual wearing away and removal of land surface by various agents
such as waves; opposite of accrete.
Erosion: The wearing away of land by natural forces. On a beach, the carrying away
of beach material by wave action, currents or the wind.
ESA (Environmental Study Area): Relatively large, undeveloped areas containing
natural habitats and may be capable of supporting sensitive biological resources.
ESHA (Environmentally Sensitive Habitat Area): Any area in which plant or animal
life or their habitat 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 development (PRC 30107.5).
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Estuarine System: Deepwater tidal habitats and adjacent tidal wetlands that are
usually semi - enclosed by land but have open, partly obstructed, or sporadic access
to the ocean, with ocean water at least occasionally diluted by freshwater runoff from
the land. The upstream and landward limit is where ocean - derived salts measure
less than 05 parts per thousand during the period of average annual low flow.
Estua : The region near a river mouth in which the fresh water of the river mixes
with the salt water of the sea.
Evaluation: Process by which a project's performance is determined relative to
criteria developed for this purpose.
Exclusion Area: That portion of the coastal zone within an exclusion area boundary
adopted pursuant to the Coastal Act and approved by the Coastal Commission after
the effective date of the delegation of development review authority and depicted on
the certified Permit and Appeal Jurisdiction Map. Development within this area is
excluded from coastal development permit requirements if certain criteria identified in
the adopted exclusion are met.
Exclusion Areas Map: A map depicting those areas where specified development
types are excluded from the coastal development permit requirements.
Fault: A rock fracture accompanied by displacement.
Feasible: Capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social, and
technological factors.
Federal Coastal Act: The Federal Coastal Zone Management Act of 1972 (16
U.S.C. 1451, et seq.), as amended.
Fen: A unique type of wetland characterized by a saturated substrate dominated by
organic material in which acidic conditions (pH < 7) prevail. Contrast with a bog,
which has a saturated substrate dominated by organic material in which basic
conditions (pH > 7) prevail.
Fill: Earth or any other substance or material, including pilings placed for the
purposes of erecting structures thereon, placed in a submerged area.
First Public Road Paralleling the Sea: The road nearest the sea, as defined in this
Section, and which meets all of the following criteria:
1. The road is lawfully open and suitable for uninterrupted use by the public;
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2. The road is maintained by a public agency;
3. The road contains an improved all- weather surface open to motor vehicle
traffic in at least one direction;
4. The road is not subject to any restrictions on use by the public except
during an emergency or for military purposes; and
5. The road connects with other public roads providing a continuous access
system and generally parallels and follows the shoreline of the sea so as
to include all portions of the sea where the physical features such as bays,
lagoons, estuaries and wetlands cause the waters of the sea to extend
landward of the generally continuous coastline.
Forebeach (Wet Beach): The sand area affected regularly by tides and wave action.
Foreshore (or Beach Face): Region of the coast extending from the berm crest (or
the highest point of wave wash at high tide) to the low -water mark that is measured
at low tide.
Formation: A unit of rock that is distinctive and persistent over a large area.
Fossiliferous: Rock units containing fossils.
Geohazard: A risk associated with geologic processes or events.
Giant Kelp: A large brown seaweed (Macrocystis pyrifera) that grows primarily on
rocky substrate and forms a underwater "forest" in which a diverse group of algae,
invertebrates, and fishes are found.
GIS (Geographic Information System): A GIS is a computer system capable of
assembling, storing, manipulating, and displaying geographically referenced
information. A GIS allows analysis of spatial relationships between many different
types of features based on their location in the landscape.
Global Positioning System (GPS): A satellite -based navigational system.
Gravity-Walls: Massive, self- supporting walls which resist horizontal wave forces
through their sheer mass.
Grid: City of Newport 2000'X 3000' aerial reference grid
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Groin: A shoreline protection structure built, usually perpendicular to the shoreline,
to trap nearshore sediment or retard erosion of the shore. A series of groins acting
together to protect a section of beach is known as a groin system or groin field.
Groundwater: Subsurface water occupying the zone of saturation usually found in
porous rock strata and soils.
Habitat: The locality, including the physical and biological environment, in which a
plant or animal lives.
Hardscape Habitat: Hard surfaces of pilings, docks, floats, wharves, seawalls,
bulkheads, jetties, and rock groins, and natural intertidal and subtidal reefs that are
colonized by marine organisms
Harbor Lines: All established Bulkhead, Pierhead, and Project Lines as defined
within Newport Harbor by the federal, state, county and city governments.
Harbor Maintenance Uses, Equipment, and Facilities: All uses, and their related
equipment, vessels, docking and land storage facilities and access which provide:
dredging and beach replenishment; demolition, repair and new construction of docks,
piers, bulkheads and other in- and - over -water structures; mooring maintenance and
repair; waterborne debris and pollution control, collection and removal. This category
also includes environmental, survey or scientific vessels and related equipment
based, or on assignment, in Newport Harbor: All vessels under this definition may
also be referred to as "work boats."
Harbor Permit Policies: City of Newport Beach City Council Policy Manual Section
H -1, governing permits for structures bayward of the bulkhead line, and related
parking, sanitary, utility and related support requirements
Harbor Requiations: Title 17 of the Newport Beach Municipal Code governing
structures, uses and activities within the Harbor.
Headland (Head): A high, steep -faced projection extending into the sea, usually
marking an area of fairly stable and rigid landform.
Historic Building or Structure: See Historic Resource.
Historic District: A geographic area which contains a concentration of historic
buildings, structures, or sites united historically, culturally, or architecturally.
Historic Resource: Any object, building, structure, site, area, place, record, or
manuscript which is historically or archeologically significant, or which is significant in
the architectural, engineering, scientific, economic, agriculture, educational, social,
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political, military, or cultural history of the City of Newport Beach and /or California
and /or the United States.
Holocene: In geologic time, less than 11,000 years ago; also called Recent.
Hydric Soil: A type of soil with characteristics resulting from prolonged saturation
and chemically reducing conditions such as occurs under anaerobic conditions.
Hvdroloov: The dynamic processes of the water within an environment including the
sources, timing, amount, and direction of water movement.
Hydrophytic Vegetation: Plants that have adapted to living in aquatic
environments. These plants are also called hydrophytes. In wetlands, hydrophytic
species occur where at least the root zone of the plant is seasonally or continually
found in saturated or submerged soil.
Implementing Actions: The ordinances, regulations, or programs which implement
either the provisions of the certified local coastal program or the policies of Chapter 3
of the Coastal Act which are submitted pursuant to Section 30502.
In Situ: A Latin phrase meaning "in place." Archaeologically it refers to an artifact or
object being found in its original, undisturbed position.
Intertidal: Located between the low and high tide tidal extremes.
Invertebrates: Animals without backbones.
Jetty: On open seacoasts, a structure extending away from the shore, which is
designed to prevent shoaling of a channel and to direct and confine the stream or
tidal flow. Jetties are built at the mouths of rivers, harbors, or tidal inlets to help
deepen and stabilize the access channel.
Lacustrine System: Wetlands and deepwater habitats (1) situated in a topographic
depression or dammed river channel; (2) lacking trees, shrubs, persistent emergents,
emergent mosses, or lichens with greater than 30% areal coverage; and (3) whose
total area exceeds 8 hectares (20 acres); or area less than 8 hectares if the
boundary is active wave- formed or bedrock or if water depth in the deepest part of
the basin exceeds 2 meters (6.6 ft) at low water. Ocean - derived salinities are always
less than 0.5 parts per thousand.
Lagoon: A shallow body of water, such as a pond or lake, usually located near or
connected to the sea.
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Land Use Plan: The relevant portions of a local government's general plan, or local
coastal element which are sufficiently detailed to indicate the kinds, location, and
intensity of land uses, the applicable resource protection and development policies
and, where necessary, a listing of implementing actions.
Launching Facility: A generic term referring to any location, structures (ramps,
docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into,
and retrieved from the Harbor waters.
LCP: See Local Coastal Program.
Leeward: The direction toward which the wind is blowing.
Liquefaction: The process of becoming liquid, especially applied to sand that loses
its bearing strength due to strong shaking.
Littoral: Of or pertaining to a shore, especially of the sea.
Littoral Cell: A region that encompasses most features affecting sediment transport.
The boundaries of the cell are usually delineated by river drainage areas, promontory
headlands, or submarine canyons on the periphery, the continental shelf - continental
slope boundary on the seaward side and by inland ridges and river inlets on the
landward side. Sediment within these cells generally travel seaward by river
drainage, southward (downcoast) by longshore currents, and are eventually lost to
the continental slope area or submarine canyon.
Littoral Drift: The sedimentary material moved in the littoral zone under the influence
of waves and currents; consisting of silt, sand, gravel, cobbles, and other beach
material.
Littoral Transport: The movement of sediment in the littoral zone by waves, currents,
and tides. This includes movement parallel (longshore transport) and perpendicular
(on- offshore transport) to the shore.
Littoral Zone: The region where waves, currents, and winds interact with the land
and its sediments. This region comprises a backshore, foreshore, inshore, and
offshore and is broken down into littoral cells.
Live - aboard: Any person who uses a vessel as a domicile as that term is defined in
Section 200 of the Elections Code of the State of California, including permanently or
on a temporary basis for a period exceeding 3 days.
Local Coastal Program: A local government's (a) land use plans, (b) zoning
ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas,
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other implementing actions, which, when taken together, meet the requirements of,
and implement the provisions and policies of, the Coastal Act at the local level.
Local Government: Any chartered or general law city, chartered or general law
county, or any city and county.
Longshore: Parallel to and near the shoreline.
Longshore Current: A flow of water in the breaker zone, moving essentially parallel
to the shore, usually generated by waves breaking at an angle to the shoreline.
LUP (Land Use Raw): Land use plan means the relevant portion of a local
government's general plan, or local coastal element which are sufficiently detailed to
indicate the kinds, location, and intensity of land uses, the applicable resource
protection and development policies and, where necessary, a listing of implementing
actions.
Marina: A berthing facility (other than moorings or anchorage) in which five or more
vessels are wet- stored (in water) and/ or dry- stored (on land /racks or on floating
docks).
Marine Conservation Area: A "state marine conservation area," is a non - terrestrial
marine or estuarine area that is designated so the managing agency may achieve
one or more of the following:
1. protect or restore rare, threatened or endangered native plants,
animals or habitats in marine areas;
2. protect or restore outstanding, representative or imperiled marine
species, communities, habitats and ecosystems;
3. protect or restore diverse marine gene pools;
4. contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative or imperiled marine habitats
or ecosystems;
5, preserve outstanding or unique geological features; or
6. provide for sustainable living marine resource harvest.
Marine Park: A "state marine park," is a non - terrestrial marine or estuarine area
that is designated so the managing agency may provide opportunities for spiritual,
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scientific, educational, and recreational opportunities, as well as one or more of
the following:
1. protect or restore outstanding, representative or imperiled marine
species, communities, habitats and ecosystems;
2. contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative or imperiled marine habitats
or ecosystems,
3. preserve cultural objects of historical, archaeological and scientific
interest in marine areas: or
4. preserve outstanding or unique geological features.
Marine Reserve: A "state marine reserve," is a non - terrestrial marine or estuarine
area that is designated so the managing agency may achieve one or more of the
following:
1. protect or restore rare, threatened or endangered native plants,
animals or habitats in marine areas;
2. protect or restore outstanding, representative or imperiled marine
species, communities, habitats and ecosystems;
3. protect or restore diverse marine gene pools; or
4. contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative or imperiled marine habitats
or ecosystems.
Marine System: Open ocean overlying the continental shelf and coastline exposed
to waves and currents of the open ocean shoreward to (1) extreme high water of
spring tides; (2) seaward limit of wetland emergents, trees, or shrubs; or (3) the
seaward limit of the Estuarine System, other than vegetation. Salinities exceed 30
parts per thousand.
Marine Terrace: A flat or gentle seaward sloping wave -cut bench, which is a
remnant of an old coastline. Marine terraces are conspicuous along most of the
California coast where uplift has occurred.
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Market Value: For purposes of determining "substantial improvement ", the
replacement cost as determined by its replacement value according to the valuation
figures established by the City of Newport Beach.
Mean High Water: The 19 -year average of all high water heights (if the tide is either
semidiurnal or mixed) or the higher high water heights if the tide is diurnal. For
diurnal tides high water and higher high water are the same.
Mean Higher High Water: The 19 -year average of only the higher high water
heights.
Mean Low Water: The 19 -year average of all low water heights (if the tide is either
semidiurnal or mixed) or the lower low water heights if the tide is diurnal. For diurnal
tides low water and lower low water are the same.
Mean Lower Low Water: The 19 -year average of only the lower low water heights.
Mean Sea Level: The 19 -year average height of the surface of the sea for all stages
of the tide, usually determined from hourly height readings (see NGVD of 1929).
Mesa: An isolated, relatively flat geographical feature, often demarcated by canyons
(from Spanish mesa, table).
Miocene: A period of geologic time spanning 27 -26 million years ago.
Mitigation: As defined in Section 15370 of the State Guidelines for Implementation of
the California Environmental Quality Act, mitigation includes:
1. Avoiding the impact altogether by not taking a certain action or parts of
an action.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the
impacted environment.
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing substitute
resources or environments.
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Mitigation Measures: Measures imposed on a project consistent with Section 15370
of the State Guidelines for Implementation of the California Environmental Quality
Act to avoid, minimize, eliminate, or compensate for adverse impacts to the
environment.
Monitoring: The systematic collection of physical, biological, or economic data or a
combination of these data in order to make decisions regarding project operation or
to evaluate project performance. Monitoring is typically required for beach
nourishment projects and habitat restoration projects.
Mooring: A device consisting of a floating ball, can or other object that is secured
permanently to the Harbor bottom by an anchor system for purposes of securing a
vessel.
Mooring Area: An area designated for a group of moorings.
MPA (Marine Protected Area): A named discrete geographic area that has been
designated by law, administrative action, or voter initiative to protect or conserve
marine life and habitat.
MS4: Municipal Separate Storm Sewer Systems
National Geodetic Vertical Datum of 1929 (NGVD): A fixed reference for elevations,
equivalent to the 1929 Mean Sea Level Datum. The geodetic datum is fixed and
does not take into account the changing stands of sea level. NGVD should not be
confused with mean sea level (see Mean Sea Level).
Nearshore Zone: An indefinite zone extending seaward from the shoreline well
beyond the breaker zone; it defines the area of nearshore currents.
Newport Bay: The terms "Newport Bay" and "Newport Harbor" are often used
interchangeably. However, Newport Bay is an estuary consisting of the Lower
Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of
Pacific Coast Highway). Newport Harbor generally refers to all the water area within
Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper
Newport Bay Marine Park.
NMFS: National Marine Fisheries Service.
Non - conforming Structure: A structure that was lawfully erected, but which does not
conform with the property development regulations prescribed in the regulations for
the district in which the structure is located by reason of adoption or amendment of
this code or by reason of annexation of territory to the City.
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Non - conforming Use: A use of a structure or land that was lawfully established and
maintained, but which does not conform with the use regulations or required
conditions for the district in which it is located by reason of adoption or amendment of
this code or by reason of annexation of territory to the City.
Nourishment: The process of replenishing or enlarging a beach. It may be brought
about naturally by Iongshore transport or artificially by the deposition of dredged
materials.
NPDES: National Pollutant Discharge Elimination System
NPS: National Park Service.
Open Coastal Waters: The area composed of submerged lands at extreme low -
water of spring tide extending seaward to the boundaries of the Exclusive Economic
Zone (12 -200 miles). This includes navigation channels, turning basins, vessel
berthing, anchorage, and mooring areas of Newport Bay.
NPS: Nonpoint source pollution or polluted runoff.
Offshore: Off or away from the shore. This area extends from beyond the breaker
zone to the outer limit of the littoral zone and beyond.
Onshore (Inshore): The region between the seaward edge of the foreshore and the
seaward edge of the breakers or waves.
OTD (Offer to Dedicate): An OTD is a document, recorded against the title to a
property, which is an offer of dedication to the people of the State of California of an
easement over the property or a portion of the property. Generally, an OTD allows
for specific uses in of the area of the property involved (for example, allowing the
public to walk across the area). The offer conveys an easement in perpetuity only
upon its acceptance on behalf of the people by a public agency or by a nonprofit
private entity approved by the executive director of the Coastal Commission.
Palustrine System: All non -tidal wetlands dominated by trees, shrubs, persistent
emergents, emergent mosses, or lichens, and all such tidal wetlands where ocean -
derived salinities are below 0.5 parts per thousand. This category also includes
wetlands lacking such vegetation but with all of the following characteristics: (1) area
less than 8 hectares (20 acres); (2) lacking an active wave - formed or bedrock
boundary; (3) water depth in the deepest part of the basin less than 2 meters (6.6 ft)
at low water; and (4) ocean - derived salinities less than 0.5 parts per thousand.
Permit: Any license, certificate, approval, or other entitlement for use granted or
denied by any public agency.
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Permit and Appeal Jurisdiction Map: A map depicting those areas where the Coastal
Commission retains permit and appeal jurisdiction.
Person: Any individual, organization, partnership, limited liability company, or other
business association or corporation, including any utility, and any federal, state, local
government, or special district or an agency thereof.
Pile: A long, heavy timber or section of concrete or metal driven or drilled into the
earth or seabed to serve as a support or protection.
Pier: A fixed structure extending from the shore into a body of water.
Pier, Private: A pier used for private recreational purposes by the owners) or
occupant(s) of the abutting upland property without payment of a separate rental or
lease fee, except for permit fees to City.
Pier, Public: A pier used for public recreational purposes provided by a public
agency.
Pierhead Line: Harbor water area perimeter lines established in Newport Harbor by
the federal government that define the permitted limit of fixed pier, floating dock and
other in -water structures which may be constructed in the Harbor.
Pleistocene: A period of geologic time spanning 2 million - 11,000 years ago.
Pliocene: A period of geologic time spanning 7 -2 million years ago.
Pocket Beach: A small beach formed between two points or headlands, often at the
mouth of a coastal stream. Pocket beaches are common throughout the California
coastline.
Predominant Line of Development: The most common or representative distance
from a specified group of structures to a specified point or line (e.g. topographic line
or geographic feature). For example, the predominant line of development for a
block of homes on a coastal bluff (a specified group of structures) could be
determined by calculating the median distance (a representative distance) these
structures are from the bluff edge (a specified line).
Proiect Lines: Harbor water area channel lines of the improvements constructed by
the federal government in 1935 -1936, and as shown on navigation charts of Newport
Harbor. Also referred to as the "Federal Channel." (see Newport Beach City Design
Criteria and Standard Drawings for Harbor Construction).
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Public Trust Lands: Public Trust lands shall be defined as 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
(from California Code of Regulations, Section 13577; see tidelands and submerged
lands).
Public works:
1. All production, storage, transmission, and recovery facilities for water,
sewerage, telephone, and other similar utilities owned or operated by any
public agency or by any utility subject to the jurisdiction of the Public
Utilities Commission, except for energy facilities.
2. All public transportation facilities, including streets, roads, highways, public
parking lots and structures, ports,. harbors, airports, railroads, and mass
transit facilities and stations, bridges, trolley wires, and other related
facilities. For purposes of this division, neither the Ports of Hueneme, Long
Beach, Los Angeles, nor San Diego Unified Port District nor any of the
developments within these ports shall be considered public works.
3. All publicly financed recreational facilities, all projects of the State Coastal
Conservancy, and any development by a special district.
4. All community college facilities.
Quaternary: A period of geologic time comprising the past 2 million years; includes
the Pleistocene and Holocene ages.
Qualified Biologist: A person who has earned a minimum of a Bachelor of Science
degree in biology or a related field from an accredited college or university and has
demonstrated field experience evaluating land use impacts on marine or wildlife
species and their habitats. Biologists who conduct wetland delineations shall have
completed the U.S. Army Corps of Engineers' "Reg IV' wetland delineation training,
or the equivalent, and shall have the demonstrated ability to independently conduct
wetland delineations.
Riparian: Consists of trees, shrubs, or herbs that occur along watercourses or water
bodies. The vegetation is adapted to flooding and soil saturation during at least a
portion of its growing season.
Reflection: Redirection of a wave when it impinges on a steep beach, cliff or other
barrier;
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Retaining Wall: A wall used to support or retain an earth embankment or area of fill.
Revetment: A sloped retaining wall; a facing of stone, concrete, blocks, rip -rap, etc.
built to protect an embankment, bluff, or development against erosion by wave action
and currents.
Rill: The channel of a small stream or gully
Rip Current: A strong surface current flowing seaward from the shore. It usually
appears as a visible band of agitated water and is the return movement of water
piled up on the shore by incoming waves and wind. With the seaward movement
concentrated in a limited band its velocity is accentuated. Rip currents can pull
inexperienced swimmers and waders into deeper water away from the shore. Since
a rip current is usually quite narrow, the most effective way to get out of it is to swim
perpendicular to the direction of the flow (in most cases, parallel to the beach). Rip
currents can often develop adjacent to a jetty or groin.
Ri ra : A protective layer or facing of rock, concrete blocks or quarrystone, placed
to prevent erosion, scour, or sloughing of an embankment or bluff.
Riverine System: All wetlands and deepwater habitats contained within a channel
except those wetlands (1) dominated by trees, shrubs, persistent emergents,
emergent mosses, or lichens, and (2) which have habitats with ocean - derived
salinities in excess of 0.5 parts per thousand.
RWQCB: State of California Regional Water Quality Control Board.
Sand Source: Resource of sand that can be economically used for beach
nourishment. The sand must meet the requirements for size distribution and
cleanliness and its removal and transfer must not create unacceptable environmental
effects. The source may be on land, offshore, in a nearby inlet, or in a navigational
channel, a shoal, or other area in which sand accumulates.
Sandstone: A rock composed predominantly of sand grains that have undergone
cementation.
Santa Ana Regional Water Quality Control Board: California Regional Water Quality
Control Board, Santa Ana Region.
Scarp (Beach Scarp): An almost vertical slope along the beach caused by wave
erosion. It may vary in height from a few inches to several feet or more, depending
on wave action and the nature and composition of the beach.
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Sea: The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes,
sloughs, and other areas subject to tidal action through any connection with the
Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood
control and drainage channels. Sea does not include the area of jurisdiction of the
San Francisco Bay Conservation and Development Commission, established
pursuant to Title 7.2 (commencing with Section 66600) of the Government Code,
including any river, stream, tributary, creek, or flood control or drainage channel
flowing directly or indirectly into such area.
Sea Cliff: A vertical or very steep cliff or slope produced by wave erosion, situated at
the seaward edge of the coast or the landward side of the wave -cut platform, and
marking the inner limit of beach erosion. .
Sea Level: The height of the ocean relative to land; tides, wind, atmospheric
pressure changes, heating, cooling, and other factors cause sea -level changes.
Seas (Waves): Waves caused by wind at the place and time of observation. (see
swell).
Seawall: A structure separating land and water areas, primarily designed to prevent
erosion and other damage due to wave action. It is usually a vertical wood or
concrete wall as opposed to a sloped revetment.
Second Units: Auxiliary residential units on a lot with an existing primary residential
unit. Second units may lack full facilities, such as kitchens.
Sediment: Grains of soil, sand, or rock that have been transported from one location
and deposited at another.
Sediment Budget: An account of the sand and sediment along a particular stretch of
coast; the sources, sinks, rates of movement, or the supply and loss of sediment.
Seiche: A standing wave oscillation in an enclosed waterbody that continues (in a
pendulum fashion) after the cessation of the originating force. Seiches can be
caused by tidal action or an offshore seismic event.
Sensitive Coastal Resource Areas: Those identifiable and geographically bounded
land and water areas within the coastal zone of vital interest and sensitivity. Sensitive
coastal resource areas include the following:
1. Special marine and land habitat areas, wetlands, lagoons, and estuaries
as mapped and designated in Part 4 of the coastal plan.
2. Areas possessing significant recreational value
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3. Highly scenic areas.
4. Archaeological sites referenced in the California Coastline and Recreation
Plan or as designated by the State Historic Preservation Officer.
S. Special communities or neighborhoods that are significant visitor
destination areas.
6. Areas that provide existing coastal housing or recreational opportunities
for low- and moderate - income persons.
7. Areas where divisions of land could substantially impair or restrict coastal
access.
Sensitive Species: Taxa that are biologically rare, very restricted in distribution,
declining throughout their range, or have a critical, vulnerable stage in their life cycle
that warrants monitoring.
Shore: Narrow strip of land in immediate contact with the sea, including the zone
between high and low water. A shore of unconsolidated material is usually called a
beach.
Shore Mooring: A mooring for small boats that is located in the nearshore perimeter
of the Harbor and its islands, perpendicular to the shoreline. One end of the mooring
line is attached to a point on or adjacent to the perimeter bulkhead, and the other
end is attached to a mooring buoy located in the water, inside the pierhead line.
Shore Protection: Structures or sand placed at or on the shore to reduce or
eliminate upland damage from wave action or flooding during storms.
Shoreline: Intersection of the ocean or sea with land; the line delineating the
shoreline on National Ocean Service nautical charts and surveys approximates the
mean low water line from the time the chart was prepared.
Shoreline Armoring: Protective structures such as vertical seawalls, revetments,
riprap, revetments, and bulkheads built parallel to the shoreline for the purposes of
protecting a structure or other upland property.
SLC: State Lands Commission
Slough: To erode the uppermost layer of soil, or to crumble and fall away from the
face of a cliff.
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Special District: Any public agency, other than a local government, formed pursuant
to general law or special act for the local performance of governmental or proprietary
functions within limited boundaries. Special district includes, but is not limited to, a
county service area, a maintenance district or area, an improvement district or
improvement zone, or any other zone or area, formed for the purpose of designating
an area within which a property tax rate will be levied to pay for a service or
improvement benefiting that area.
Sit: A small, naturally formed point of land or a narrow shoal projecting into a body
of water from the shore.
Storm Surge: A rise above normal water level on the open coast due to the action of
wind stress on the water surface. Storm surge resulting from a hurricane also
includes the rise in level due to atmospheric pressure reduction as well as that due to
wind stress.
Stream: A topographic feature that at least periodically conveys water through a bed
or channel having banks. This includes watercourses having a surface or
subsurface flow that supports or has supported riparian vegetation.
Structure: Includes, but is not limited to, any building, road, pipe, flume, conduit,
siphon, aqueduct, telephone line, and electrical power transmission and distribution
line.
Submarine Canyon: A steep -sided underwater valley commonly crossing the
continental shelf and slope.
Submerged Lands: Submerged lands shall be defined as lands which lie below the
line of mean low tide (from California Code of Regulations, Section 13577; see
Public Trust Lands).
Substantial Damage: Damage of any origin sustained by a structure whereby the
cost of restoring the structure to the condition existing before damage would equal or
exceed 50 percent of the market value before the damage occurred.
Substantial Repair: Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure
before such repair, reconstruction, or improvement. This term includes structures
that have incurred "substantial damage" regardless of the actual repair work
performed. For purposes of coastal development permitting, a substantial
improvement to a structure qualifies the proposed development as new
development.
Subtidal: Marine habitat that is permanently below the extreme low tide line.
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Summer Season: Begins the day before the Memorial Day weekend and ends the
day after the Labor Day weekend; alternatively, June 15th to September 15th.
Surfgrass: A type of marine flowering plant that forms meadows on rocky shorelines
and shallow rocky subtidal reefs.
Surf Zone: Area between the outermost breaking waves and the limit of wave
uprush.
SWRCB: State Water Resources Control Board.
Talus: A pile of rock debris at the base of a cliff.
Tectonic: Related to the earth's surface.
Temporary Event: An activity or use that constitutes development as defined in this
LCP but which is an activity or function which is or will be of limited duration and
involves the placement of non - permanent structures; and /or involves the use of
sandy beach, parkland, filled tidelands, water, streets, or parking areas which are
otherwise open and available for general public use.
Terrace: A gently sloping platform cut by wave action.
Terrestrial: Land - related.
Tidal Epoch (National Tidal Datum Epoch): The specific 19 -year period adopted by
the National Ocean Service as the official time segment over which tide observations
are taken and averaged to form tidal datums, such as Mean Lower Low Water. The
19 -year period includes an 18.6 year astronomical cycle that accounts for all
significant variations in the moon and sun that cause slowly varying changes in the
range of tides. A calendar day is 24 hours and a "tidal day" is approximately 24.84
hours. Due to the variation between calendar day and tidal day, it takes 19 years for
these two time cycles to establish a repeatable pattern. Thus, if the moon is full
today, then the moon will be full again on this day of the year 19 years from today.
The present tidal epoch used is 1983 - 2001.
Tidal Prism: The total amount of water that flows into a harbor or estuary or out
again with movement of the tide, excluding any freshwater flow.
Tidal Range: Difference between consecutive high and low (of higher high and lower
low) waters. (see Tides).
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Tidal Wave: Wave movement of the tides. Often improperly used for tsunamis (see
Tsunami).
Tide: The periodic rising and falling of the water that results from gravitational
attraction of the moon and sun, and other astronomical bodies, acting upon the
rotating earth. The California coast has a mixed tidal occurrence, with two daily high
tides of different elevations and two daily low tides, also of different elevations. Other
tidal regimes are diumal tides, with only one high and one low tide daily, and
semidiurnal, with two high and two low tides daily, with comparatively little daily
inequality between each high or each low tide level
Tidelands: Tidelands shall be defined as lands that are located between the lines of
mean high tide and mean low tide (from California Code of Regulations, Section
13577; see Public Trust Lands).
TMDL (Total Maximum Daily Load): The maximum amount of a pollutant that can be
discharged into a water body from all sources (point and non - point) and still maintain
water quality standards. Under Clean Water Act section 303(d), TMDLs must be
developed for all water bodies that do not meet water quality standards after
application of technology -based controls. TMDL also refers to the written,
quantitative analysis and plan for attaining and maintaining water quality standards in
all seasons for a specific waterbody and pollutant.
Treatment Works: Has the same meaning as set forth in the Federal Water Pollution
Control Act (33 U.S.C. 1251, et seq.) and any other federal act that amends or
supplements the Federal Water Pollution Control Act.
Tsunami: A long period wave, or seismic sea wave, caused by an underwater
disturbance such as a volcanic eruption or earthquake. Commonly misnamed a Tidal
Wave.
Turbidity: A measure of the extent to which water is stirred up or disturbed, as by
sediment; opaqueness due to suspended sediment.
Turning Basin: An area, often designated on nautical charts, connected to a channel
that is large enough to allow vessels to maneuver or turn around.
Undertow: A seaward current near the bottom on a sloping inshore zone, caused by
the return, under the action of gravity, of the water carried up on the shore by waves.
Commonly misnamed a Rip Current.
Uocoast: In the United States usage, the coastal direction, generally trending toward
the north, from which a current comes. Sediment will often deposit on the upcoast
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side of a jetty, groin, or headland, reducing the amount of sediment that is available
for transport further downcoast.
Updrift: The direction opposite that of the predominant movement of littoral
materials.
USACOE: U.S. Army Corps of Engineers.
USC: United States Code.
USFWS: United States Fish and Wildlife Service (also known as FWS)
Vernal Pools: Vernal pools are low depressions that typically are flooded and
saturated above a hardpan or claypan for several weeks to a few months in the
winter and spring.
Vessel: Watercraft, such as boats, ships, small craft, barges, etc. whether
motorized, sail - powered or hand - powered, which are used or capable of being used
as a means of transportation, recreation, safety /rescue, service or commerce on
water. This includes all vessels of any size (other than models) homeported,
launched /retrieved, or visiting in Newport Harbor, arriving by water or land, and
registered or unregistered under state or federal requirements.
Watershed: The geographical area drained by a river and its connecting tributaries
into a common source. A watershed may, and often does, cover a very large
geographical region.
Wave: A ridge, deformation, or undulation of the surface of a liquid. On the ocean,
most waves are generated by wind and are often referred to as wind waves.
Wave Climate: The range if wave parameters (Height, period and direction)
characteristic of a coastal location.
Wave Height: The vertical distance from a wave trough to crest
Wave Length (Wavelength): The horizontal distance between successive crests or
between successive troughs of waves.
Wave Period: The time for a wave crest to traverse a distance equal to one
wavelength, which is the time for two successive wave crests to pass a fixed point.
Wave Run -up: The distance or extent that water from a breaking wave will extend
up a beach or structure.
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Wave -cut Platform: The near - horizontal plane cut by wave action into a bedrock
formation at the shoreline.
Wetland: Land which may be covered periodically or permanently with shallow water
and includes saltwater marshes, freshwater marshes, open or closed brackish water
marshes, mudfiats, and fens. Wetlands are lands transitional between terrestrial and
aquatic systems where the water table is usually at or near the surface or the land is
covered by shallow water. For purposes of this classification, wetlands must have
one or more of the following attributes:
1. At least periodically, the land supports predominantly hydrophytes; or
2. The substrate is predominantly undrained hydric soil; or
3. The substrate is non -soil and is saturated with water or covered by shallow
water at some time during the growing season of each year.
Wildlife Corridor: The concept of habitat corridors addresses the linkage between
large blocks of habitat that allow the safe movement of medium to large mammals
from one habitat area to another. The definition of a corridor is varied but corridors
may include such areas as greenbelts, refuge systems, underpasses, and
biogeographic landbridges, for example.
Windward: The direction from which the wind is blowing.
Zoninq Code: Title 20 of the City of Newport Beach Municipal Code, as amended
Zostera marina: See eelgrass.
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APPENDIX A
California Coastal Commission Findings
Findings for the Approval
City of Newport Beach Land Use Plan Amendment 1 -04
Adopted By the California Coastal Commission
October 13, 2005
San Diego, California
The Commission hereby certifies the Land Use Plan Amendment NPB- MAJ -1 -04 for the
City of Newport Beach if modified as suggested and adopts the findings set forth below
on the grounds that the Land Use Plan amendment with suggested modifications will
meet the requirements of and be in conformity with the policies of Chapter 3 of the
Coastal Act. Certification of the land use plan amendment if modified as suggested
complies with the California Environmental Quality Act because either 1) feasible
mitigation measures and /or alternatives have been incorporated to substantially lessen
any significant adverse effects of the plan on the environment, or 2) there are no further
feasible alternatives or mitigation measures that would substantially lessen any
significant adverse impacts which the Land Use Plan Amendment may have on the
environment.
C. Findings for Approval with Suggested Modifications
Coastal Resources
Chapter 4 of the Land Use Plan (LUP) inadequately addresses the protection of
biological, scenic and paleontological resources in the coastal zone of Newport Beach.
The Commission's findings for denial of the LUP as submitted are herein incorporated
by reference. The document must be modified as follows in order to be found
consistent with the resource protection policies of the Coastal Act.
ESHA
As submitted, the LUP generally defines, but does not designate, environmentally
sensitive habitat areas (ESHA). Sensitive habitat types have not been identified, nor
have their boundaries been depicted. In order for the LUP to provide maximum
protection of ESHA consistent with the Coastal Act, modifications must be made to the
policies dealing with ESHA identification and designation. Primarily, the LUP must
establish specific parameters for establishing the type, location and extent of ESHA.
The LUP must be revised to reflect the presence of specific habitat types that are
considered ESHA when they are deemed to have certain attributes. Preliminary
mapping of potential ESHA boundaries must also be provided. These changes are
accomplished through Suggested Modifications 62 through 67.
Suggested Modification 64 provides the supporting narrative which specifies that areas
within the City of Newport Beach dominated by one of the habitats discussed in Section
4.1.1 are presumed to be ESHA, unless there are strong site - specific reasons to rebut
that presumption. These include southern dune scrub, southern coastal bluff scrub,
maritime succulent scrub, southern maritime chaparral, southern willow scrub, southern
cottonwood willow riparian forest, southern arroyo willow forest, southern black willow
forest, southern sycamore alder riparian woodland, and southern coastal purple
needlegrass grassland. Wetland habitats within the City of Newport Beach that may
meet the definition of ESHA include coastal brackish marsh, coastal freshwater marsh,
southern coastal salt marsh, southern hardpan vernal pools, freshwater seeps, and
alkali meadows. This modification, and the policy language of Suggested Modification
66, provides greater accuracy and specificity than the LUP submitted in identifying the
habitat types that are considered ESHA. To illustrate where these natural communities
may occur, Suggested Modification 77 explains that portions of the Environmental Study
Areas (ESA) listed in the LUP narrative are known to contain community types that
meet the definition of ESHA. As provided for in Suggested Modification 67, the ESAs
are to represent a preliminary mapping of areas containing potential ESHA. As
modified, the LUP provides a clearer understanding of the way in which ESHA is
identified, which habitat types are presumed to be ESHA, and where ESHA may be
found.
Once ESHA has been identified, it is necessary to limit development within ESHA to
only those uses that are dependent on the resource, consistent with 30240 of the
Coastal Act. Moreover, even uses that meet the standard must not cause significant
disruption of habitat values. Development adjacent to ESHA must also be sited to
prevent impacts that would significantly degrade those areas. In denying the proposed
LUP, the Commission found that more stringent policies were needed to address the
siting and design of development impacting ESHA. As modified by Suggested
Modification 68, it is made clear that development adjacent to ESHA must be sited and
designed to prevent impacts that would disrupt or degrade those areas. Suggested
Modification 69 explicates which uses can be considered "resource dependent' to
ensure that only those uses are allowed within ESHA. These include limited public
access improvements and minor educational, interpretive and research activities and
development. Suggested Modification 71 prohibits new development that would
necessitate fuel modification in ESHA.
In denying the proposed LUP, the Commission found that modifications are also
necessary to provide development standards such as mitigation ratios and buffers to
protect ESHA and other sensitive habitat. Suggested Modifications 72 and 73 require
the provision of buffers and establish a minimum buffer size for ESHA. Suggested
Modifications 74 through 76 address mitigation for allowable impacts to ESHA and other
sensitive resources. Specific mitigation ratios are established for upland vegetation,
coastal sage scrub and rare community types such as southern maritime chaparral,
maritime succulent scrub, native grassland and southern mixed chaparral. The
establishment of minimum mitigation standards is necessary given the difficulties of
creating, restoring and maintaining functionally valuable habitat communities. In
addition, direct mitigation furthers the goal of no net loss of coastal habitat resources.
These modifications to the LUP ensure that impacts to ESHA are avoided wherever
possible and mitigated in cases where resource - dependent impacts are permitted.
Suggested Modification 74 references mitigation in the form of habitat creation or
substantial restoration. "Creation" means that habitat will be newly established in an
area that does not currently contain that functional habitat type, but where the soils,
topography, etc. are appropriate for long -term viability and may have supported the
habitat in the past. "Restoration" means that habitat which is recognizable as belonging
to a specific vegetation community, but which has been previously disturbed and /or
contains exotic invasive species so as to reduce its functional value, will be enhanced to
return the habitat area to overall health and typical functional value. "Substantial
restoration" is applicable to highly- degraded areas where the effective function of the
habitat type has been lost, but which still contains remnant plants of the identified
habitat. "Revegetation" means replanting with appropriate species, as is applicable to
both restoration efforts in existing habitat, and to creation where habitat does not
currently exist. These terms have been defined to provide further clarification of the
intent of the new policy.
Furthermore, the Commission can only approve the LUP if a detailed process is
incorporated to identify the location of ESHA and conduct a site - specific analysis at the
time of an application for development. Suggested Modification 140 outlines the
necessary review procedure and clarifies how decisions regarding biological resources
are to be made. A clearly established environmental review process ensures that
projects are properly evaluated by qualified professionals and considered by the
decision - making body. This modification also requires coordination with other resource
agencies to ensure that impacts to ESHA are avoided or minimized. As revised through
the Suggested Modifications discussed herein, ESHA and other sensitive resources are
protected in accordance with Section 30240 of the Coastal Act.
Natural Landforms /Coastal Bluffs
In denying the LUP, the Commission found the City's method of defining coastal bluffs
inadequately protective of coastal resources and inconsistent with past Commission
practice. The City's approach differentiates between altered and unaltered landforms
when applying setback standards. This was done to provide a basis for applying
differing setbacks for new development on bluff lots. Development on an unaltered bluff
lot would require a greater setback than development on a bluff lot that had been
previously graded and developed. Additionally, bluff face development would be
allowed to continue where the bluff had been altered and a clear pattern of development
had been established. For example, in areas like Ocean Boulevard in Corona del Mar,
development has historically occurred down the bluff face to protect public views from
the frontage street above. However, the Commission does not regulate development
on coastal bluffs differently depending on whether or not the site has been previously
graded. Coastal bluffs, as defined in the California Code of Regulations and in the
City's LUP Glossary, include bluffs that were subject to marine erosion within the last
200 years. The conditions on the ground at the time a project is proposed constitute the
natural landform. Development standards must be applied based on geologic stability
and scenic resource impacts. Suggested Modifications 119 through 133 address
coastal bluff identification and provide standards for new development in order to
protect natural landforms.
The policies of the LUP have been modified in a manner that acknowledges the
difference between coastal bluffs currently subject to marine erosion and those that are
not. Suggested Modification 127 requires all new blufftop development located on a
bluff subject to marine erosion to be set back at least 25 feet from the bluff edge, while
Suggested Modification 128 requires all new blufftop development located on a bluff not
subject to marine erosion to be set back in accordance with the predominant line of
existing development in the subject area. Accessory improvements are subject to
analogous restrictions through Suggested Modifications 129 and 130. It is made clear
that all of these bluff setbacks shall be increased where necessary to ensure safety and
stability of the development. Additionally, Suggested Modification 133 requires
swimming pools located on bluff properties to incorporate leak prevention and detection
measures.
Suggested Modification 122 clarifies that only private development on Ocean Boulevard
determined to be consistent with the predominant line of development and necessary
public improvements will be allowed on bluff faces. Any further alteration of bluff faces
will be prohibited. The Commission makes these modifications to ensure stability and
protect coastal views, while recognizing past alteration and development patterns in the
City. It is not necessary or appropriate to distinguish between altered and unaltered
bluffs or to say that bluffs are no longer considered "coastal bluffs" because they have
been significantly graded.
As modified, the policies allow development to occur in much the same manner it
currently does in infill areas. Suggested Modification 132 maintains approved bluff edge
setbacks for the coastal bluffs within the planned communities of Castaways, Eastbluff,
Park Newport, Newporter North (Harbor Cove), and Bayview Landing. Suggested
Modification 120 requires more stringent public access /setback requirements for new
planned communities.
Development that currently exists on the bluff face on Ocean Boulevard will be allowed
to continue in accordance with the predominant line of development if deemed
geologically feasible, as addressed in Suggested Modification 131. Similarly,
Suggested Modification 125 specifies that the bluffs along Bayside Drive that have been
cut and filled by the Irvine Terrace and Promontory Point development will be subject to
the setback restrictions established for bluffs not subject to marine erosion. As such,
the "predominant line of development' standard will apply there.
Coastal canyon development will be regulated in much the same way. Where there
was previously no setback for development on canyon lots, there is now a requirement
to comply with the "predominant line of development." Suggested Modification 134
provides this new standard for development along Buck Gully and Morning Canyon.
The addition of a canyon setback regulation in these areas will prevent significant
landform alteration and limit encroachment into natural habitats.
As modified, more conservative setback standards would be applied to potentially
hazardous lots, thereby providing better assurance of long -term stability. When
development is properly sited, the need for construction of protective devices to support
new development is avoided. Therefore, the Suggested Modifications ensure
conformance with Sections 30253 and 30251 of the Coastal Act.
Marine Resources
Wetlands
In denying the LUP as submitted, the Commission found that the wetland policies
containing guidance for defining and delineating wetlands were inconsistent with past
Commission decisions. Also lacking were development standards and procedures for
the establishment of buffers, mitigation ratios and monitoring programs. Suggested
Modifications 88 through 93 correct these deficiencies and clarify any inconsistencies
between the LUP and past Commission action, thereby ensuring consistency with the
Coastal Act.
Suggested Modifications 89 and 90 deal with the definition of wetland and the manner in
which wetlands are delineated. As submitted, Policy 4.2.2 -1 of the LUP contains a
statement that wetlands do not include vernally wet areas where the soils are not hydric.
However, the Commission has previously found these types of vernally wet areas
generally to qualify as wetlands, especially where there is a preponderance of wetland
vegetation. This statement has been stricken from the policy in order to ensure that the
wetland definition is not improperly limited in the LUP.
To further avoid the application of an unduly narrow definition of wetlands, Policy 4.2.2-
2 has been stricken through Suggested Modification 90. This policy addresses
ambiguity in wetlands delineation. As written, the policy allows a variety of factors to be
considered along with the presence or absence of more than one wetland parameter to
determine whether an area meets the definition of a wetland and to delineate wetland
boundaries. The City's approach to defining and delineating wetlands is inconsistent
with the California Code of Regulations definition of wetland, which only requires the
presence of one parameter to constitute a wetland.
Although vegetation is often the most readily observed parameter, sole reliance on
vegetation or either of the other parameters as the determinant of wetlands can
sometimes be misleading. Many plant species can grow successfully in both wetlands
and non - wetlands, and hydrophytic vegetation and hydric soils may persist for decades
following alteration of hydrology that will render an area a non - wetland. Where
ambiguities in wetland delineation exist due to the demonstrated presence of both
upland and wetland characteristics, factors other than the standard field indicators of
wetland hydrology, wetland vegetation and wetland soils may be analyzed as part of the
delineation. Such factors may include topography, soil permeability, drainage patterns,
adjacency to identified wetlands, and comparisons of hydrology at the ambiguous site
and at nearby upland and wetland reference sites following significant rainfall events.
The simple lack of field indicators of hydrology during a routine delineation is not strong
evidence of upland characteristics.
The elimination of Policy 4.2.2 -2 is necessary to prevent misinterpretation of the
Commission's one parameter test. The corresponding narrative has been stricken
through Suggested Modification 88. As modified, the LUP will contain appropriate
protections for wetlands, consistent with Section 30233 of the Coastal Act.
Suggested Modification 91 establishes minimum buffer sizes for wetlands to ensure that
wetlands are adequately protected from potential impacts of adjacent development.
The modification requires a minimum 100 -foot wide buffer, but creates a two -part test in
which a smaller buffer could be accepted. Smaller wetland buffers may be allowed only
where it can be demonstrated that 1) a 100 -foot wide buffer is not possible due to site -
specific constraints, and 2) the proposed narrower buffer would be amply protective of
the biological integrity of the wetland given the site - specific characteristics of the
resource and of the type and intensity of disturbance. Allowing for the application of a
narrower buffer is necessary to accommodate development on shallow lots where
development cannot be sited any further inland, such as bulkheaded properties along
the Bay and those along the Semeniuk Slough. Even when a narrower buffer is
allowed, the buffer must be proven to be amply protective of the resource.
Establishment of wetland buffer standards is necessary to protect wetland resources
consistent with Section 30231 of the Coastal Act.
Suggested Modifications 92 and 93 clarify that haul -out boat yards are not an allowable
use in wetlands and open coastal waters. These facilities could be accommodated
immediately adjacent to open coastal waters and their existence is not dependent on
being located in wetlands or open coastal waters. As such, the policy modification is
necessary to ensure that only uses consistent with Section 30233 of the Coastal Act are
allowed in coastal waters and wetlands.
To further protect wetland resources, Suggested Modifications 96 and 97 provide
standards for mitigation and monitoring when wetland impacts are permitted. As
modified, adverse impacts must be mitigated at a ratio of 3:1 for impacts to seasonal
wetlands, freshwater marsh and riparian areas, and at a ratio of 4:1 for impacts to
vernal pools and saltmarsh (the ratio representing the acreage of the area to be
restored /created to the acreage of the area diked or filled), unless the applicant provides
evidence establishing, and the approving authority finds, that restoration or creation of a
lesser area of wetlands will fully mitigate the adverse impacts of the dike or fill project.
The policy specifies that the mitigation ratio can not be less than 2:1 unless, prior to the
development impacts, the mitigation is completed and is empirically demonstrated to
meet performance criteria that establish that the created or restored wetlands are
functionally equivalent or superior to the impacted wetlands. The mitigation shall occur
on -site wherever possible. Where not possible, mitigation should occur in the same
watershed.
The mitigation ratios established by the Suggested Modification are consistent with past
Commission action. The success rate of wetlands restoration is less than 100 %. To
compensate for the potential that a wetlands creation or restoration project is not
successful, the Commission has traditionally required more than a 1:1 mitigation ratio
(i.e. the creation of more than one acre of wetlands for every one acre of wetland which
is filled). Creating more wetlands than would be lost increases the potential that the
number of acres of created wetlands which successfully establish, in the end, is at least
equal to the number of wetlands filled. Furthermore, a wetland mitigation ratio in excess
of one to one can compensate for wetland acreage and functional capacity lost during
the establishment and maturation of the mitigation area. Many actions by the
Commission have required a mitigation ratio of four to one (e.g. 5 -90 -913, 5 -92 -408, 5-
93 -276, among others).
If an appropriate restoration site is unavailable, Policy 4.2.3 -9 (C) allows applicants to
pay an in -lieu fee to a public agency for the purchase and restoration of a wetland area
within the same general region (e.g. same estuary). The use of in -lieu fees is only
allowed for small projects with minor amounts of fill where mitigation for such fill by an
individual would be impractical and excessive. The in -lieu fee approach is only
appropriate in cases where fill cannot be avoided, such as the construction of a
bulkhead to protect an existing development.
Eelgrass
The LUP presents a conceptual eelgrass mitigation program for establishing a baseline
of eelgrass and then allowing projects that impact eelgrass to occur so long as the
baseline is maintained. The narrative of Suggested Modification 104 makes clear that
the program has yet to be fully reviewed and will require approval from various
resources agencies. Specifically, any eelgrass program will require Commission review,
as the eelgrass meadows are located within the Commission's area of original
jurisdiction. Chapter 3 of the Coastal Act will be the standard of review for such a
program.
Policy 4.2.5 -2 specifies that mitigation is not required where eelgrass migrates from a
mitigation area into an area that did not previously contain eelgrass. This is inconsistent
with standard NMFS practice under the Southern California Eelgrass Mitigation Policy.
Eelgrass that migrates commands the same level of protection as that in the mitigation
area. As such, Suggested Modification 105 strikes this policy. The protection of
eelgrass is necessary to ensure biological productivity of coastal waters, consistent with
Section 30231 of the Coastal Act.
As submitted, Policy 4.2.5 -4 allows successful eelgrass restoration sites to serve as
mitigation sites for City projects and as a mitigation bank for private dredging impacts.
The mitigation program has not yet been reviewed. This policy has been stricken
through Suggested Modification 106. The removal of this policy ensures that all
eelgrass restoration sites will be reserved until such time as a mitigation program is
reviewed and approved.
Water Quality
The LUP includes policies that address preserving and restoring natural hydrologic
conditions on site, such as retention and infiltration; pollution prevention and source
control practices; post- construction phase runoff control and Best Management
Practices (BMPs); reduction of impervious surfaces; construction phase runoff control;
BMP maintenance; water quality education; and waste discharge systems. These
policies, as submitted, were deemed adequate as submitted to carry out Sections
30230, 30231 and 30232 of the Coastal Act.
However, not all of the policies included in the LUP were sufficiently detailed to protect
water quality in Newport Beach's coastal zone, especially with regards to specific
references to state and regional restrictions and goals. These policies have been
expanded to include references to the specific load allocation for Newport Harbor and
the Municipal Stormwater permit approved by the Regional Water Quality Control
Board. Suggested Modifications 110 through 113 provide additional detail, thereby
ensuring conformance with Sections 30230, 30231 and 30232 of the Coastal Act.
Dredging and Beach Nourishment
Suggested Modifications 94, 100, 101, 102 and 103 address appropriate dredging
methods and the placement of dredged material. Suggested Modification 100 makes
clear that dredging must be carried out in a manner that avoids disruption to marine and
wildlife habitats and water circulation. Material placement must also be placed in a
manner that minimizes adverse impacts on the environment, as specified by Suggested
Modification 101. Lastly, Suggested Modifications 102 and 103 are necessary to
explicate that the material removed from erosion control and a flood control facilities that
is deemed suitable for beach replenishment should be transported to appropriate
beaches or into suitable long shore currents. The incorporation of these additions and
changes ensures consistency with Sections 30230, 30231 and 30233.
Archaeological Resources
Section 4.5.1 of the LUP addresses Paleontological and Archaeological Resources. In
denying the LUP, the Commission found the policies did not contain sufficient direction
for the preparation and submittal of monitoring and mitigation plans. Suggested
Modification 137 requires submittal of a mitigation plan. Mitigation measures
considered in the plan may range from in -situ preservation to recovery and /or
relocation. Suggested Modification 138 requires in situ preservation and avoidance to
be considered before paleontological or archaeological materials are donated to a public
or private institution. Suggested Modification 139 requires the submittal of an
archeological /cultural resources monitoring plan. As modified, the LUP offers adequate
protection of archaeological resources consistent with Section 30244 of the Coastal Act.
Conclusion
Therefore, as revised through the suggested modifications, the Commission finds that
the Coastal Resource Protection chapter of the LUP is in conformance with and
adequate to carry out the resource protection policies of the Coastal Act.
2. Land Use and Development
Visitor - servinq and Recreational Development
In denying the LUP, the Commission found that many of Newport Beach's tourist
destinations, including the Newport Pier, Balboa Pier and Balboa Island, have not been
designated as visitor - serving areas. Section 30222 of the Coastal Act prioritizes use of
private lands suitable for visitor - serving commercial recreational facilities designed to
enhance public opportunities for coastal recreation over private residential, general
industrial, or general commercial development. The LUP must carry forward this
requirement.
Suggested Modifications 5, 6 and 7 include narrative revisions that clearly identify the
boundaries of clearly visitor - serving areas within the City, including the core areas of
McFadden Square at the Newport Pier, Balboa Village at the Balboa Pier, and Marine
Avenue on Balboa Island. Suggested Modification 18 specifies that non - priority
commercial uses must be prohibited on the ground floor within these primary visitor -
serving cores. As modified, the land use designations remain unchanged, but a policy
specifies which types of commercial uses will not be permitted. These include Daycare;
Residential Care; Building Materials and Services; Funeral and Internment Services;
Laboratories; Health /Fitness Clubs; Research and Development; SRO Residential
Hotels; Industry; Mining and Processing; Clubs and Lodges; Government Offices;
Religious Assembly; Major Utilities; Animal Hospitals; Maintenance and Repair
Services; Offices, Business and Professional (not serving visitors); Vehicle Sales and
Vehicle Storage. Without a specific restriction, the aforementioned commercial uses
would be permitted under the RSC designation. The restrictions on non - priority
commercial uses are intended to apply to proposals to construct facilities for the
enumerated uses. Thus, the restriction on religious assembly, for example, is not
intended to, and does not, restrict the actual act of assembly (which is also likely to be
exempt as a "temporary event "); it is intended only to prohibit the construction of
permanent facilities designated exclusively for religious use in the visitor - serving areas.
A lot -by -lot land use survey conducted in the summer of 2005 shows that the majority of
these non - priority uses are not currently in existence in the visitor serving cores. As
such, the policy change will not result in significant change in the existing land use
pattern. The policy change is intended to maintain the uses there now and retain
visitor - serving cores within the City. As modified, the LUP ensures that certain
inappropriate uses are prohibited, thereby ensuring the continued provision of visitor -
serving uses in prime areas. To further ensure the provision of these uses, Suggested
Modification 16 requires the protection of popular visitor destination points for
recreational uses.
Suggested Modification 17 requires upland areas to be reserved for coastal recreation
uses. Suggested Modification 19 makes clear that any use, not just commercial uses,
on a beach that interferes with public access or enjoyment of coastal resources shall be
prohibited. Suggested Modification 20 protects and encourages facilities that serve
marine related businesses and industries. As modified, visitor - serving destinations and
recreational uses are protected in accordance with the Coastal Act.
Planning Study Areas
As described in the preceding section, Suggested Modifications 5, 6 and 7 expand the
policy narrative of 2.1.1 -1 to include a geographic description of primary visitor - serving
cores within the City. These modifications also outline inappropriate land uses for
primary visitor - serving cores. Suggested Modification 18 adds a new policy that
reiterates which uses are prohibited in these areas.
Development Standards
Suggested Modification 12 provides a reference to the development standards of the
City's Zoning Code in the General Development Policies of the LUP. This modification,
suggested by the City, establishes a link to the Zoning Code standards related to
building placement, height and bulk. Suggested Modification 40 requires parking to be
provided in accordance with the standards established in the Zoning Code. Height
limits are established through Suggested Modification 117, which also references the
Zoning Code. The height limits currently allowed in the coastal zone are deemed
appropriate to maintain community character and protect views. Nonetheless,
Suggested Modification 118 is required to restrict projections above curb height on
Ocean Boulevard to protect public views. A change to the standards affecting the
coastal zone would require an LUP amendment.
As modified, the LUP provides adequate development standards to allow for clear
interpretation and accurate implementation of the policies.
Industrial Development
New policies have been added to address the siting of industrial development in the
coastal zone. Suggested Modification 24 requires new hazardous industrial
development to be located away from existing developed areas. Suggested
Modifications 25 and 26 encourage coastal dependent industrial uses to locate or
expand within existing sites and prioritizes coastal dependent industrial uses over other
industrial uses on or near the shoreline. These modifications are necessary to find the
LUP consistent with Sections 30250(b) and 30260 of the Coastal Act.
Suggested Modifications 27 and 28 strike the City's prohibition of onshore oil facilities
because they are in direct conflict with Section 30262 of the Coastal Act. Nevertheless,
omitting this ban in the LUP has no effect on the content or implementation of the City
Charter.
Hazards
The hazard policies of Section 2.8 have been revised and supplemented through
Suggested Modifications 29 through 36. Suggested Modification 29 offers a reiteration
of Section 30253 of the Coastal Act, requiring new development to assure stability to
avoid the need for a protective device. This policy would apply to all development in
potentially hazardous sites, including bluff and beachfront lots.
Suggested Modification 30 addresses the provision of tsunami information and
evacuation plans at overnight visitor - serving facilities. As modified, coastal visitors
would be provided the information necessary to safely leave the area if necessary. To
further protect against hazards resulting from tsunamis, Suggested Modification 31
requires the City to periodically update its policies to reflect current tsunami data,
including inundation maps and design standards.
Suggested Modification 32 addresses shoreline management plans for areas subject to
wave hazards and erosion. This modification makes clear that management plans must
evaluate the feasibility of hazard avoidance, restoration of sand supply, beach
nourishment and planned retreat before considering any other method of protection.
Similarly, Policy 2.8.6 -7 has been modified through Suggested Modification 34 to clarify
that protective devices should only be considered after the methods listed above.
Suggested Modification 33 makes policy language changes to clarify that protective
devices should only be considered to protect principal structures and only affords such
protection unless a waiver of future shoreline protection was required by a previous
coastal development permit. As modified, the policy reflects the Commission's
interpretation and application of Section 30235 of the Coastal Act. Lastly, Suggested
Modification 35 makes clear that owners of bluff properties (not only beach and
shoreline) are required to record waivers of future shoreline protection when new
development is approved. As modified, the policies are in conformance with Sections
30253 and 30235 of the Coastal Act.
Conclusion
Therefore, as modified through the suggested modifications, the Commission finds that
the Land Use and Development chapter of the LUP is in conformance with and
adequate to carry out the development policies of the Coastal Act.
3. Public Access and Recreation
In denying the LUP as submitted, the Commission found the policies of the LUP
insufficient to carry out the public access and recreation requirements of the Coastal
Act. Suggested Modifications 42 through 61 address inadequacies and offer additional
language to maximize public access opportunities.
Suggested Modification 42 clarifies that public access to coastal waters and tidelands is
protected. Suggested Modifications 43, 44 and 45 deal with direct dedication and offers
to dedicate (OTD) public accessways. Policies 3.1.1 -11 and 3.1.1 -12 have been
modified to clarify the siting and sizing requirements of dedicated accessways. More
specificity has also been added to these policies to encourage the acceptance,
improvement and opening of OTDs to ensure that impacts to public access are truly
mitigated at the time of development. As addressed in the Commission's denial of the
LUP, the LUP relies only on the acquisition of OTDs to mitigate for development
impacts to public access. Therefore, policy revisions have been made to encourage
direct dedications where feasible. These additions ensure that public access is
provided in accordance with Sections 30210 and 30212 of the Coastal Act.
To further ensure the maximum provision of public access, Suggested Modification 50
adds a policy encouraging the creation of new public accessways to ensure that access
opportunities are at least considered when new development is proposed. This policy
applies in areas such as the Shorecliffs community, where the streets are public but all
accessways to the beach are private. Opportunities for future accessways must also be
reflected on the access map, as required by Suggested Modification 51.
The policies regarding the protection and expansion of boating facilities in Newport
Beach have been supplemented by Suggested Modification 60. To ensure that the
needs of all boat users are addressed, additional guidance has been included to
encourage the provision of a variety of slip types. As modified, lower cost recreational
opportunities are protected, consistent with Section 30213 of the Coastal Act.
The inadequate provision of parking and the creation of private gated communities can
adversely impact public access. Suggested Modifications 54, 55, 56 and 57 prohibit the
establishment of new gated communities and preferential parking districts that will
impact public access. These modifications are required to ensure the protection of
public access consistent with Sections 30210 and 30212 of the Coastal Act.
Conclusion
Therefore, as modified through the suggested modifications, the Commission finds that
the Public Access and Recreation chapter of the LUP is in conformance with and
adequate to carry out the public access and recreation policies of the Coastal Act.
4. Standards, Procedures and Definitions
Various corrections and changes that did not fall within the issue areas cited above are
addressed here. Suggested Modification 1 requires that all maps within the document
be numbered. This will provide easier reference within the LUP document.
Modifications have been made to the introductory chapter of the LUP to clarify
procedural matters. Suggested Modification 2 describes the physical boundaries to
which the LUP applies. Suggested Modification 3 removes the provision that would
allow the City to resolve conflicts between policies in the LUP through "balancing." As
discussed in the Commission's denial of the LUP, balancing is used to resolve conflicts
between Coastal Act policies. Suggested Modification 4 makes clear how coastal
development permits will be considered after certification. The paragraph now makes
clear that after certification of an LCP, coastal development permit authority is
delegated to the appropriate local government. In approving coastal development
permits, the local government must make the finding that the development conforms to
the certified LCP. The paragraph also makes clear that the Commission will retain
permit jurisdiction in certain areas and have appeal authority under certain
circumstances.
Glossary changes are addressed in Suggested Modifications 141 through 166.
Definitions have been expanded and clarified so that they are consistent with the
Coastal Act, California Code of Regulations or the Commission's use of the word or
term to ensure interpretation of policies in accordance with the Coastal Act.
Conclusion
Therefore, as modified through the suggested modifications, the Commission finds that
the Introduction and Glossary of the LUP are in conformance with and adequate to carry
out the policies of the Coastal Act.
APPENDIX B
List of Subsequent Amendments
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