HomeMy WebLinkAbout2007-70 - LCP Land Use PlanRESOLUTION NO. 2007- 70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING LOCAL COASTAL PROGRAM AMENDMENT
NO. 2004 -001 (PA2003 -093) FOR A COMPREHENSIVE UPDATE OF THE
LOCAL COASTAL PROGRAM LAND USE PLAN
WHEREAS, on November 7, 2006, the City of Newport Beach adopted a
comprehensive update of the General Plan; and
WHEREAS, Implementation Program 5.1 of the new General Plan calls for review and
revision of the Local Coastal Program Coastal Land Use Plan for consistency with the General
Plan; and
WHEREAS, a public hearing on the LCP amendment was held by the Planning
Commission on March 8, 2007, 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 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 Amendment was held by
the City Council on March 27, 2007, .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 July 30, 2007, a notice of the availability of a draft amendment of
the City Coastal Land Use Plan was provided in accordance with Section 13515(c) of the
California Code of Regulations; and
WHEREAS, a public hearing on the Coastal Land Use Plan Amendment was held by
the City Council on November 13, 2007, 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, the City Council finds as follows:
1. The Local Coastal Program Amendment is necessary to update the Local Coastal
Program Coastal Land Use Plan to reflect the location, type, densities, and
intensities of land uses established by the new Land Use Element and to incorporate
other new polices of the General Plan.
2. The Local Coastal Program Amendment updates the Coastal Land Use Plan to
include the relevant portion of the General Plan that is sufficiently detailed to indicate
the kinds, location, and intensity of land uses and the applicable resource protection
and development policies.
3. The updated Local Coastal Program Coastal Land Use Plan is intended to be carried
out in a manner fully in conformity with the California Coastal Act.
Revisions to Section 4.5.2
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:
• Old Landino (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.
• 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.
® B K Stone Building —one of the oldest commercial structures in Newport
Beach.
® Balboa Island Firehouse No. 4 —early police and fire station for the Balboa
Peninsula.
Exhibit A
Revisions to Section 4.5.2
Bank of Balboa /Bank of America —Bank of Balboa Bank of America
provided services from 1928 to 1984 (now demolished).
® Our Lady of Mount Carmel Church.
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.
• Wilma's Patio (formally Pepper's Restaurant). Located on Balboa Island,
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.
• 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.
4.5.2 -1. Continue to Maintain and periodically update the Newport Beach
Register of Historical Property for buildings, objects, structures, and
monuments having importance to the history or architecture of
Newport Beach and require photo documentation of inventoried
historic structures prior to demolition.
4.6.22. Allow the applisatien of the State HW-Oea 'UiWRg
Gode
�F
4.5.2 -52. 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 National or State Register or the Newport
Exhibit A
Revisions to Section 4.5.2
Beach Register of Historical Property in exchange for preservation
easements.
4.5.2 -43. 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.
Exhibit A
4. The updated Local Coastal Program 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.
5. Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment has
been found to be within the scope of the project covered by the certified Final
Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach
General Plan 2006 Update. Pursuant to Sections 15162 and 15163 of the State
CEQA Guidelines, no subsequent EIR or supplement to the EIR is required because,
on the basis of substantial evidence in the light of the whole record, (1) the LCP
Amendment is consistent with the General Plan; (2) the LCP Amendment presents
no new effects that could occur that were not examined in the Program EIR; and (3)
there is no new information to suggest that new mitigation measures are required.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned findings, the
City Council hereby approves the Local Coastal Plan Amendment No. 2007 -001 (PA 2007-
027) to update the Local Coastal Program Coastal Land Use Plan as provided in Exhibits A
through C.
BE IT FURTHER RESOLVED, the City Council of the City of Newport Beach hereby
authorizes submittal of the Coastal Land Use Plan to the Coastal Commission for formal
review and approval; and
BE IT FURTHER RESOLVED, formal adoption of the Coastal Land Use Plan by the
City of Newport Beach shall require a separate action by the City Council following Coastal
Commission approval.
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on November 13, 2007, by the following vote, to wit
AYES, COUNCILMEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2007 -70 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
13th day of November 2007, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of November 2007.
City Clerk
Newport Beach, California
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- 9es%matiens Cates jories
Policy 2.1.1 -1 The felkwAng -land use - designations categories in Table 2.1.1 -1
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.
Table . Use '
Residential Neighborhoods
Single Unit Residential
Detached —RSD
The RSD category applies to a range of
detached single - family residential dwelling units
on a single legal lot and does not include
condominiums or cooperative housing.
RSD -A
0.0 - 5.9 DU /AC
RSD-B
6.0- 9.9DU/AC
RSD -C
10.0 –19.9 DU/AC
RSD -D
20.0 – 29.9 DU/AC
Single Unit Residential
Attached —RSA
The RSA category applies to a range of
attached single- family residential dwelling units
on a single legal lot and does not include
condominiums or cooperative housing.
RSA -A
0.0 -5.9 DU /AC
RSA-13
6.0- 9.9DU/AC
RSA-C
10.0 –19.9 DU/AC
RSA -D
20.0 – 29.9 DU/AC
Two Unit
Residential --RT
The RT category applies to a range of two
family residential dwelling units such as
duplexes and townhomes.
RT-A
0.0 – 5.9 DU /AC
RT-B
6.0 – 9.9 DU/AC
RT-C
10.0 –19.9 DU /AC
I RT -D
20.0 – 29.9 DU /AC
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -1
Table 2.1.1-1 Land
Use Plan Categories
RT -E
30.0 - 39.9 DUTAC
Multiple Unit
Residential -RM
The RM category is intended to provide
primarily for multi - family residential
development containing attached or detached
dwelling units.
RM-A
0.0 - 5.9 DU/AC
RM -B
6.0- 9.9DU/AC
RM-C
10.0 -19.9 DUTAC
RM-D
20.0 -29.9 DUTAC
RM-E
30.0 - 39.9 DU /AC
RM -F
40.0 - 52.0 DUTAC
Commercial Districts and Corridors
The CN category is intended to provide for a
limited range of retail and service uses
Neighborhood
developed in one or more distinct centers
0.00 - 0.30 FAR
Commercial -CN
oriented to primarily serve the needs of and
maintain compatibility with residential uses in
the immediate area.
Corridor Commercial-
The CC category is intended to provide a range
CC
of neighborhood- serving retail and service uses
along street frontages that are located and
designed to foster pedestrian activity.
CC-A
0.00 -0.50 FAR
CC-13
0.00 - 0.75 FAR
General Commercial-
CG
The CG category is intended to provide for a
CG -A
wide variety of commercial activities oriented
primarily to serve ci
y citywide or regional needs.
0.00 - 0.30 FAR
CG -B
0.00 - 0.75 FAR
Recreational and
The CM category is intended to provide for
Marine Commercial-
commercial development on or near the bay in
CM
a manner that will encourage the continuation
of ooastaldependent and coastal- related uses,
maintain the marine theme and character,
CM -A
0.00 - 0.30 FAR
encourage mutually supportive businesses,
CM-13
encourage visitor- serving and recreational
encourage
0.00 - 0.50 FAR
and encourage physical and visual
access to the bay on waterfront commercial
and industrial building sites on or near the bay.
Visitor Serving
The CV category is intended to provide for
Commercial -CV
accommodations, goods, and services intended
to primarily serve visitors to the City of Newport
Beach.
CV-A
0.00 - 0.75 FAR
CV -13
0.00 -1.50 FAR
General Commercial
The COG category is intended to provide for
Office --COG
administrative, professional, and medical offices
with limited accessory retail and service uses.
Hotels, motels, and convalescent hospitals are
not permitted.
COG-A
0.00 - 0.30 FAR
COG-13
0.00 - 0.75 FAR
COG -C
0.00 -1.30 FAR
Mixed Use Districts
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -2
Table
Plan Categories
INGRINIONNEM
Mixed -Use Buildings:
The MU-V category is intended to provide for
Floor area to land ratio of
1.5; where a minimum
the development of properties for (a) mixed -use
dof 0.35
area to land ratio of 0.35
structures that vertically integrate housing with
and maximum of 0.5 shall
Mixed Use Vertical—
retail uses, where the ground floor shall be
retail
be used for nonresidential
NUN
restricted to retail and other pedestrian -active
purposes and a maximum
along the street frontage and/or the upper
of 1:0 for residential.
floors used for residential units, or (b) structures
containing nonresidential uses including retail,
Nonresidential Buildings:
office, restaurant, and similar uses.
Floor area to land area
ratio of 0.75.
Mixe6Use Buildings: Fbor
area to land area ratio of 1.5,
The MU-H category is intended to provide for
where a minimum rtio floor 0.25 an
land area ratio and
the development of areas for a horizontally
shall e u
maximum 0.5 shall be used
m
distributed mix of uses, which may include
uses and maximum
Mixed Use Horizontal—
general or neighborhood commercial,
of 1.0afl
of 1.0 for residential.
MU-H
commercial offices, multi- family, residential,
visitor- serving and marine - related uses, and/or
Nonresidential only: Floor
buildings that vertically integrate residential with
area to land area ratio of 0.5.
commercial uses.
Residential only. 20.1 -
26.7 units per net acre.
Mired -Use Buildings: Floor
area to land rho of 1.5;
Mere a minimum floor area
to land ratio of 0.35 and
The MU -W category is intended to provide for
maximum of 0.7 shall be
commercial development on or near the bay in
used for nonresidential
Mixed Use Water
a manner that will encourage the continuation
purposes and a maximum of
Related —MU -W
of coastal-dependent and coastal- related uses
0.8 for residential.
and visitor - serving uses, as well as allow for the
integrated development of residential.
Nonresidential only: Floor
area to land area ratio of 0.5.
Residential only: 15 units
per acre per net acre.
Public, Semi- Public, and Instituttonal
Lail Coastal Program
Coastal Land Use Plan
Exhibit A 2 -3
Table 2.1.1-1 Land
Use Plan Categories
Not applicable. School
districts are exempted
from local land use
controls and
development limits are
The PF category is intended to pro vide public
not specified.
Development
facilities, including public schools, cultural
intensifies for other
Public Facilities —PF
institutions, govemment facilities, libraries,
public institutions are
community centers, public hospitals, and public
more appropriately
utilities.
determined by their
function rather than
floor areas, such as
number of hospital
beds and number of
students.
Private Institutions —PI
The PI category is intended to provide for
privately owned facilities that serve the public,
including places for religious assembly, private
schools, health care, cultural institutions,
PI -A
0.00 – 0.30 FAR
PI -B
0.00 – 0.75 FAR
PI-C
museums, yacht dubs, congregate homes, and
0.00 –1.00 FAR
comparable facilities.
Open spaces may
include incidental
The OS category is intended to provide areas
buildings, such as
Opens Space —OS
for a range of public and private uses to protect,
maintenance
equipment supply
maintain, and enhance the community's natural
geand
, w which are not
storage,
resources.
traditionally included in
determining intensity
limits.
Not applicable for
public uses. Private
uses in this category
may include incidental
The PR category applies to land used or
buildings, such as
proposed for active public or private
maintenance
equipment sheds,
Parks and Recreation—
recreational use. Permitted uses include parks
supply storage, and
PR
(both active and passive), golf courses, marina
restrooms, not included
support facilities, aquatic facilities, tennis dubs
in determining intensity
and courts, private recreation, and similar
limits. For golf
facilities.
courses, these uses
may also include
support facilities for
grounds maintenance
employees.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-4
2.1.2 District/Corridor Policies
to accommodate the City's fair share of regional housing needs.
Corridors share common characteristics of districts by their identifiable functional
role land use mix densib ntensity physical form and character, and /or
traffic often inhibiting access during peak travel periods. Their shallow depths make
Table 2. 1 1 -1. except as modified in Sections 2.1.3 to 2.1.8.
2.1.3 West Newport
The West Newport Coast Highway Corridor extends from Summit Street to lust past
60th Street. It is a mixed commercial and residential area, with the former serving
and manufactured homes.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -5
commercial buildings appear to have been constructed in the 1960's to 1980's,
although some motels have been recently upgraded.
A portion of the mobile homes are situated along Semeniuk Slough and the Army
Corps restored wetlands, while a number of the single - family homes outside the area
are also located along the Slough. A mobile home park containing older units, many
of which appear to be poorly maintained, is located on the westernmost parcels and
a portion of the tidelands. This site serves as the "entry" to the City and as a portal to
the proposed Orange Coast River Park.
Coast Highway fronting properties in West Newport will be improved by
Policies:
2.1.3 -2. Allow local and visitor - serving retail consistent with the CV category in
two centers at Prospect Street and Orange Street.
2.1.4 Mariners' Mile
Mariners' Mile is a heavily traveled segment of Coast Highway extending from the
Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of
highway - oriented retail and marine related commercial uses. The latter are primarily
concentrated on bay- fronting properties and include boat sales and storage, sailing
schools, marinas, visitor - serving restaurants, and comparable uses. A large site is
developed with the Balboa Bay Club and Resort, a hotel, private club, and
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2.6
apartments located on City tidelands. A number of properties contain non - marine
commercial uses, offices, and a multi -story residential building.
The vitality of the Mariners' Mile Corridor will be enhanced by establishing a series of
distinct retail, mixed -use, and visitor - serving centers. Harbor - fronting properties
would accommodate a mix of visitor - serving retail and marine- related businesses,
with portions of the properties available for housing and mixed -use structures. View
Parcels on the inland side of Coast Highway. generally between Riverside Avenue
and the southerly projection of Irvine Avenue, would evolve as a pedestrian- oriented
mixed -use "village" containing retail businesses, offices, services, and housing.
to the east and west of the village would provide for retail, marine - related, and office
uses. Streetscape amenities are proposed for the length of Mariners' Mile to
improve its appearance and identity.
Policies:
2.1.4 -2. For bay- frontina properties (designated as MUM). encourage marine
related and visitor - serving retail, restaurant, hotel, institutional, and
minimum of 50 percent of any lot shall be used for the CM or CV land
uses.
2.1.4 -3. Permit development intensities in areas designated as CG to be
increased to a floor area ratio of 0.5 where parcels are consolidated to
accommodate larger commercial development projects that provide
sufficient parking,
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -7
2.1.5 BilIboa Peninsula
Lido Village, Cannery Village, McFadden Square, and Balboa Village are to be
and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a
mix of visitor- serving, retail, small overnight accommodation facilities, and housing.
Throughout the Peninsula, priority is established for the retention of marine - related
uses.
Lido Village
includes visitor -service commercial uses. specially stores, and marine uses.
Lido Village has a unique location at the tuming basin in Newport Harbor. The
channel is wider than in other locations, providing an opportunity for waterfront
commercial uses that will not negatively impact residential uses across the channel.
Cannery Village
for residential, loft, and mixed residential and commercial uses, including live/work
facilities, appears to be an emerging trend. Older developments include some
single - family residential units combined with commercial uses on single lots.
Although the residential component of mixed -use projects has performed well, there
has been less success in attracting the commercial uses envisioned for the area
particularly on the waterfront.
The goal in Canneryy Village is a pedestrian- oriented residential neighborhood that
provides opportunities for livetwork facilities and supporting retail uses. Commercial
or mixed -use buildings would be developed at street intersections with intervening
Parcels developed for mixed -use or free - standing housing and a mix of marine-
Loral Coastal Program
Coastal Land Use Plan
Exhibit A 2-
related, residential uses on the Bay frontage, and retail and visitor - serving uses
along Newport Boulevard Corridor.
McFadden Sguare
McFadden Souare surrounds the Newport Pier and extends between the ocean front
beach hotels, tourist -oriented shops (t -shirt shops, bike rentals, and surf shop, as
Lido Peninsula
The MU -W is applied to the Lido Peninsula to provide for the horizontal intermixing of
recreational and marine - related and residential uses, in accordance with CM and RM
categories respectively.
Balboa Village
Balboa Village is the historic center for recreational and social activities on the
Place that contains entertainment uses. Marine - related commercial uses. including
Boulevard. Peninsula Park also serves the area.
there is more commercial space than can be supported by local residents, and
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-9
marginal commercial space is used by businesses that are seasonal and do not
thrive throughout the year.
Balboa Village will continue to serve as the primary center of the lower Peninsula
surrounded by residential neighborhoods along and flanking Balboa Boulevard. The
goal is an economically viable pedestrian oriented village that serves local residents,
Visitors. and provides residential in proximity to retail uses, entertainment, and
recreation
Policies:
McFadden Sguare, and Balboa Island.
residential with retail uses.
2.1.5 -3. Discourage the development of new office uses on the ground floor of
buildings in Lido Village that do not attract customer activity to improve
the area's pedestrian character.
2.1.5 -4. In Lido Marina Village (designated as MUM). marine - related uses
may be intermixed with buildings that provide residential on the Upper
floors. Permitted uses include those permitted by the CM, CV, and
MU-V categories. Free - standing residential shall not be permitted.
2.1.5 -5. For interior parcels in Cannery -llage and at 15"' Street (designated
as MU -H , permit mixed -use structures, where the ground floor shall be
restricted to nonresidential uses along the street frontage such as retail
sales and restaurants and the rear and upper floors used for residential
including seniors units and overnight accommodations (comparable to
MU-V). Mixed -use or commercial buildings shall be required on
Parcels at street intersections with intervening parcels developed for
mixed -use or free - standing housing
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -10
2.1.5 -8. On the Lido Peninsula. CM development shall occupy 30 percent of
the total land area and residential development shall occupy 70
percent of the land area. One residential dwelling unit is allowed for
each 2.900 square feet of lot area.
2.1.5 -9. On the Balboa Village bay frontage designated as CV), prioritize
water - dependent, marine - related retail and services and visitor - serving
retail.
2.1.5 -10. In the Balboa Village core (designated as MU -Vl, encourage local- and
visitor-serving retail commercial and mixed -use buildings that intqgrate
residential with ground level retail or office uses.
2.1.6 Balboa Island
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.
Policy 2.1.6 -1. On Marine Avenue and Agate Avenue (designated as MU -W
marine- related uses may be intermixed with buildings that
provide residential on the upper floors. Permitted uses include
those permitted by the CM. CV. and MU-V category. Free -
standing residential shall not be permitted
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -11
2.1.7 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 epee
spase -PR 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 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,
Policies:
2.1.7 -1. Protect, and if feasible, expand and enhance, the variety of
recreational and visitor- serving uses. Particular attention should be
given to provision of lower cost uses.
2.1.7 -2. New development shall provide for the protection of the water guality of
the bay and adjacent natural habitats. New development shall be
designed and sited to minimize impacts to public views of the water
and coastal bluffs.
2.1.8 Balboa Bay Tennis Club
Located in Newport Center, the Balboa Bay Tennis Club is designated MU -H /PR.
homes.
Policy 2.1.8 -1. Allow the horizontal intermixing of 27 short-term rental units and
categories.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -12
1 2.1:2 -1.1.9 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land u.....-deskjnatien cateoory 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 - 24.2411.9 -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.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -20
Revisions to Section 2.2.5
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.
Policies:
2.2.5 -1.
Legal nonconforming structures shall be brought into conformity in an
gguitable, reasonable, and timely manner as rebuilding occurs.
Limited renovations that improve the physical gualily and character of
the buildings may be allowed. Rebuilding after catastrophic damage
e
2.2.5 -2. In older commercial districts, allow existing commercial buildings that
exceed current intensity limits to be renovated, upgraded, or
reconstructed to their pre - existing intensity when appropriate to
complement the scale and form of existing development.
Exhibit A
Revisions to Section 2.2.5
2.2.5 -3. 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 -24. 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.
Exhibit A
Revisions to Section 3.1.1 Policies
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.
Exhibit A
Revisions to Section 2.4.1
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.
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 -land use category is
the primary method of providing for the 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. CM uses are also permitted in the
as well as allow for the integrated development of residential
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. Discourage re -use of properties that result in the reduction of coastal-
adeguate infrastructure and parcels suitable for redevelopment as an
integrated project.
2.4.1 -34. 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.
Exhibit A
Revisions to Section 2.4.1
2.4.1 -45. Maintain the Recreational and Marine Commercial
categories (MU -V, MU -H. and MU -W) in areas on or near the bay to
encourage a continuation of coastal- dependent and coastal- related
uses.
2.4.1 -66. 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.
Exhibit A
Revisions to Section 3.1.1 Policies
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.
identity and activity "centers" of Newport Harbor for special events of
communibv&Mional interest.
Exhibit A
Revisions to Section 4.4.1 Policies
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. Require that buildings be located and sites designed to provide
the following principle% as appropriate:
Modulation of building volume and masses.
Variation of building heights.
® Inclusion of porticoes, arcades, windows, and other "see-
through" elements in addition to the defined open corridor.
Minimization of landscape, fencing, parked cars, and other
nonstructural elements that block views and access to the
Harbor.
Prevention of the appearance of the public right -of -way being
walled off from the Harbor.
® Inclusion of setbacks that in combination with setbacks on
adjoining parcels cumulatively form functional view corridors.
® Encouragement of adjoining_ properties to combine their view
corridors that achieve a larger cumulative corridor than would
have been achieved independently.
the view and access corridor that meets these objectives, which
shall be subject to approval in the coastal development plan
review process.
4.4.1 -99. Design and maintain
improvements in public
coastal views at maturity.
parkway and median landscape
rights -of -way so as not to block public
4.4.1 -810. Where feasible, provide public trails, recreation areas, and viewing
areas adjacent to public coastal view corridors.
IM11171i_1
Revisions to Section 4.4.1 Policies
4.4.1 4911. 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.
Exhibit A
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