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HomeMy WebLinkAbout2014-67 - Approve GP Amendment GP2013-001 Amend LU Element, Glossary, Implementation Plan, and adopting CEQA Findings, Facts Support of Findings, and Statement of Overriding ConsiderationsRESOLUTION NO. 2014 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2013 -001 TO AMEND THE LAND USE ELEMENT, GLOSSARY, AND IMPLEMENTATION PLAN OF THE GENERAL PLAN, AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS, FACTS IN SUPPORT OF FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS (PA2013 -098) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On May 28, 2013, the Newport Beach City Council initiated an amendment to the 2006 General Plan Land Use Element to review its effectiveness in achieving the community's vision, and to update it to reflect legislative changes, emerging best practices, and changing economic markets (Amendment). 2. On May 28, 2013, the Land Use Element Amendment Advisory Committee (Committee), comprised of two council members, two planning commissioners, and five at -large members, was appointed by the Newport Beach City Council to receive public input, consider options, and develop the amendment in order for the Amendment to be reviewed pursuant to the California Environmental Quality Act Public Resources Code Section 21000, et seq. (CEQA). 3. The Amendment (Project) considered by the Committee and evaluated in the draft Supplemental Environmental Impact Report (SEIR) includes land use changes, policy revisions and related changes to the glossary and Implementation Plan. 4. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on December 5, 2013. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. No requests were received within the 90 days. However, Mr. Andy Salas submitted comments in regards to the draft SEIR and identified his concerns and requests regarding monitoring during ground disturbing activities. No additional requests for consultation were received. 5. City Council Policy A -18 (Guidelines for Implementing Charter Section 423) requires that proposed Amendment be reviewed to determine if a vote of the electorate would be required. A vote of the electorate is required if a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or adds more than 100 dwelling units in a statistical area. The analysis establishes that proposed Amendment requires a vote of the electorate prior to becoming effective. 6. A public hearing was held on June 5, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC"). The draft SEIR, draft Responses to Comments, draft Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at the scheduled hearing. 7. On June 5, 2014, the Planning Commission adopted Resolution No. 1946 by a vote of 4 -0 (1 recusal, 2 absences) recommending certification of the General Plan Land Use Element Amendment Final SEIR (SCH No 2013101064) and approval of the Land Use Element Amendment Project, as amended, to the City Council. 8. The City Council held a public hearing July, 8, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the NBMC. The environmental documents for the Project comprising the SEIR, Responses to Comments, Revisions to Draft SEIR, Mitigation, Monitoring and Reporting Program, Findings and Facts in Support of Findings and Statement of Overriding Considerations, staff report, and evidence, both written and oral, were presented to and considered by the City Council at the scheduled hearing, as the decision - making body of the lead agency, for certification as having been completed in compliance with the provisions of CEQA and State and local guidelines implementing CEQA. 9. At the July 8, 2014 public hearing, following public testimony and deliberation, the City Council directed staff to return to the July 22, 2014 meeting with revised resolutions based on a modified project identified by the City Council during their discussion of the Amendment. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The General Plan Land Use Element Amendment Final Supplemental Environmental Impact Report No. ER2014 -002 (SCH No. 2013101064) was prepared for the Project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. By Resolution No. 2014 -65 the City Council, having final approval authority over the Project, adopted and certified as complete and adequate the General Plan Land Use Element Amendment Final Supplemental Environmental Impact Report (SCH No. 2013101064), and adopted "Mitigation Monitoring and Reporting Program ". Resolution No. 2014 -65 is hereby incorporated by reference. SECTION 3, FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. In adopting the Amendments to the 2006 General Plan, the City Council hereby finds, determines and declares that every reasonable effort has been made to incorporate and consider the potential effects of the Land Use Element Amendments on climate change and sustainability into the amended General Plan. This includes the incorporation of specific provisions, goals, objectives and policies. 3. Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as shown on the in Attachment CC 3, Exhibit "C ", entitled "Findings and Facts in Support of Findings for the General Plan Land Use Element Amendment, Final Supplemental Environmental Impact Report, State Clearinghouse No. 2013101064," which exhibit is incorporated herein by reference. 4. Pursuant to CEQA Guidelines Section 15093, the City Council has reviewed and hereby makes the Statement of Overriding Considerations to adverse environmental impacts, attached also as Exhibit "C" entitled "Statement of Overriding Considerations," which exhibit is incorporated herein by reference. The City Council finds and declares that through its efforts to promote walkability and embrace sustainable technologies, the Amendments are consistent with the Orange County Sustainable Communities Strategy (SCS) and Regional Transportation Plan (RTP). 5. The proposed land use changes, which are detailed in Exhibit B of CC3 (Anomaly table and maps) and Exhibit CC6 (Charter Section 423 Analysis), exceed the established thresholds in Charter Section 423, and therefore, a vote of the electorate is required pursuant to Charter Section 423. 6. The City Council affirms that it considered, to the best of its ability, all public testimony and all relevant information provided to it; and that the Land Use Element amendments adopted by this resolution represents its best effort to accommodate the diverse and competing needs of residents, property owners, and social and economic components of the City's population and workforce. 7. in conformance with City Council Policy K -1, the Planning Commission reviewed and recommended approval of the Land Use Element Amendment Project, as amended, to the City Council by adoption of resolution No. 1946. Furthermore, the City Council has considered the recommendation of the Planning Commission and has determined that the modifications proposed by City Council are not major changes that require referral back to the Planning Commission for its recommendation. SECTION 4. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2013 -001 which consists of: a. Land Use Element amendments, attached hereto as Exhibit A and incorporated herein by reference. b. Land use map revisions and Table LU2 Anomaly Locations revisions, attached hereto as Exhibit B and incorporated herein by reference. The subject Amendment, in its entirety, shall go into effect only if the electorate approves the revisions to the Land Use Map and Table LU2 Anomaly Locations as required by City Charter Section 423. 3. Should the Land Use Element Amendment be approved by the electorate, the City Council herby directs the Community Development Department to prepare applicable zoning code and map amendments, and amendments to the City's Coastal Land Use Plan (CLOP). 4. Staff is hereby directed to correct any typographical or scrivener's errors in compiling the final documentation. 5. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of July, 2014. ATTEST: Rush N. Hill, II, o 9 ft- �/ Leilani 1. Brown, City Clerk 1W 4:11 -3:rt1 AMENDED LAND USE ELEMENT /GENERAL PLAN The amendments to the Land Use Element (narratives, goals, policies, glossary and implementation plan) are shown as strike -outs (deletions) and underlined (inserts). CHAPTER 3 Land Use Element Land Use Element LAND USE Primarily a Residential Community That Businesses, and Visitors, with a Introduction Consistent -,with state law, the Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build -out. As such, it is based on and correlates the policies from all elements into a set of coherent development policies, which serve as the central organizing element Newport Beach Pier in the 1920s Pier in 1921 ®Newport Beach General Plan Land Use Element for the General Plan as a whole. Policies for the conservation of natural resources and protection of residents and businesses from the risks of hazards are reflected in the distribution and densities of uses. The quantity and location of uses are linked to the City's objectives for economic development, jobs generation, and fiscal balance, as well as intentions for urban form and community character. Their capacities are, in turn, correlated with the provision of adequate housing and services to meet the needs of its resident population and transportation, parking, and utility infrastructure that support residents, employees, and visitors. Implicitly, the Land Use Element serves as the final arbiter on how the City of Newport Beach shall evolve and mature over the next 20 years. Its policies are directly correlated and supported by those in all other General Plan elements. Cumulatively, the Land Use Element's policies directly affect the establishment and maintenance of the neighborhoods, districts, corridors, and open spaces that distinguish and contribute to Newport Beach's livability, vitality, and image. Policies for the development of individual parcels are inseparable from those that address how they will fit together to create places that are valued by the City's MOM% 1116111 Balances the Needs of Residents, Conservative Growth Strategy residents —safe and attractive neighborhoods, walkable and active commercial districts, and hillsides, beaches, water, and open spaces that provide recreation and respite from an active lifestyle. As Newport Beach is almost fully developed, the Land Use Element focuses on how population and employment growth can be accommodated and still preserve its distinguishing and valued qualities. It recognizes that most of the City will be conserved with its existing pattern of uses and establishes policies for their protection and long term maintenance. It recognizes that there are limited areas of the City that are not achieving their full potential and establishes strategies for their enhancement and revitalization. It also recognizes the evolving needs of the marketplace and considerable pressures for population growth in the region and proposes creative strategies for the re -use of land to provide Newport Beach in the twenty -first century Newport Beach General Plan Land Use Element opportunities for new housing that will complement and enhance Newport Beach's character and livability. These strategies are carefully considered in context of community objectives for the provision of an efficient transportation system that minimizes congestion for residents, employees, and visitors. At the same time, it recognizes the needs to balance mobility objectives with priorities of Newport Beach's residents for the character of its neighborhoods and commercial districts and corridors. Our Starting Point — Newport Beach's Existing Land Uses Newport Beach has a unique physical setting with many visual, recreational, and environmental resources that has influenced the type and form of land uses within the community. The majority of the community is fully developed with a diverse mixture of residential, institutional, commercial, industrial, and recreational and open space uses. Residential uses represent the largest portion of land uses within the City, characterized by many distinct neighborhoods. Older communities were first developed along the coast line including the Peninsula, West Newport, Balboa Island, and Lido Isle. This early housing is characterized by a diversity of multi- family, single- family and mixed -use housing located within proximity of commercial and visitors serving uses. As development spread further inland and proceeded north and east, the residential pattern changed, becoming more suburban in character and characterized by single - family ranch -style homes on larger lots. While single - family attached and detached homes comprise the majority of housing in the community, the City contains many multi-family homes including condominiums, apartments, duplex, triplex, and fourplex units. These are located in older neighborhoods near the beaches including West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar as well as in the northern portions of the community such as Bonita Canyon Village, and Newport Center. Mobile homes are found along Coast Highway in West Newport, west of Newport Dunes and near the Newport Pier. A variety of retail uses are located throughout Newport Beach including neighborhood shopping centers, commercial strips and villages, and shopping centers. The largest retail center in the City is Fashion Island, a regional attraction that is framed by a mixture of office, entertainment, and residential uses. Newport Beach also has many neighborhood shopping centers that service nearby residential neighborhoods with convenience goods. Many of the older commercial villages located along the coast and harbor include specialty shops, entertainment, and marine uses that serve nearby residents and visitors. These retail villages are located within Balboa Island, Balboa Village, Cannery Village, McFadden Square, and Corona del Mar. Much of the City's office space is located in Newport Center and the Airport Area. Newport Center is an area of both high- and low -rise offices surrounding the Fashion Island retail area. The Airport Area encompasses the properties abutting and east of John Wayne Airport QWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine. This area includes a mixture of low -, medium -, and high -rise office uses as well as research and development and high technology businesses. Industrial uses are primarily located within the West Newport Mesa area east of Banning Ranch. A variety of industrial, manufacturing, and supporting retail uses are located within this area. Research and development uses are clustered in the Airport Area. Government, educational and institutional uses include the City Hall, schools, libraries, museums, and religious uses. IffNewport Beach General Plan Land Use Element The City has approximately 27- 450 acres of developed parks. Newport Beach's parklands range in size from mini -parks such as the Lower Bay Park to the 39 -acre Bonita Canyon Sports Park. Additionally, bikeways, jogging trails, pedestrian trails, recreation trails, and regional equestrian trails are also available in Newport Beach. Numerous open space areas are located within the community, including water front areas such as beaches, Newport Bay, and Newport Harbor. There are also numerous undeveloped areas supporting natural habitats and sensitive biological resources including Banning Ranch, Irvine Coast Marine Life Refuge, Coyote Canyon, Bonita Canyon Creek Watershed, Upper Newport Bay State Marine Park (formally Ecological Reserve) and Upper Newport Bay Nature Preserve. Other resources include the- C-ity's -many undeveloped canyons and hillsides located primarily in the Newport Coast area. Goals and Policies LU 1 A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. Policy LU 1.1 Unique Environment Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. (Imp 1.1.50.31 LU 1.2 Citywide Identity While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region. (Imp 1.1) LU 1.3 Natural Resources Protect the natural setting that contributes to the character and ider+i€y -ident of Newport Beach and the sense of place it provides for its residents and visitors. Preserve open space resources, beaches, harbor, bays channels parks, bkrf€�, preserves, and estuaries as visual, recreational and habitat resources and promote preservation of coastal bluffs. (Imp 1.1 29.3) Newport Beach General Plan Land Use Element LU 1.4 Growth Management Implement a conservative growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of open space and natural resources. (Imp 1. 1, 10.2) LU 1.5 Economic Health Encourage a local economy that provides adequate commercial, office, industrial, and marine - oriented opportunities that provide employment and revenue to support high- quali ty community services. (Imp 1. 1, 24.1) LU 1.6 Environmental Health Promote sustainable land use and development practices that minimize the use of non - renewable resources and reduce greenhouse as emissions. gmP 2.1, 32.1, 33.1) LU 1.7 Healthy Population Promote land use and development practices that contribute to the health and wellness of Newport Beach's residents. aa,�2 2.1. 16.1) LU 441.8 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1) LU 1.9 Compatible Land Uses Require that the scale and massing of new development provide appropriate transitions in building location, height, and bulk at their edges that are sensitive to the physical and visual character of adjoining neighborhoods and districts that have lower development intensities and building heights. am� 2.1) LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, promote public health, and protect its important environmental setting, resources, and quality of life. LU 2.1 Resident- Serving Land Uses Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, rNewport Beach General Plan Land Use Element entertainment, medical and health facilities, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. (Imp 1. 1, 2J. 29.3) LU 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self - sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment. (Imp 1. 1, 24.1) LU 2.3 Range of Residential Choices Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. (Imp 1. 1, S. 1, 25.1) Bonita Canyon, Balboa Island, Cannery Village, and Newport Center residential neighborhoods LU 2.4 Recreational Centers Maintain and enhance a network of recreational facilities and programs to serve all phases of life. (Imp 23.2, 29.3) LU 2-.42_5 Economic Development Accommodate uses that maintain or enhance Newport Beach's fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1. 1, 24.1) Newport Beach General Plan Land Use Element Fashion Island Neighborhood Commercial Balboa Village Knit Center LU 242_6 Harbor and Waterfront Uses Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of Newport Beach and provide needed support for recreational and commercial boaters, visitors, and residents, with appropriate regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5, 5.1, 2J_21.4, 24.1) LU 242_7 Visitor Serving Uses Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while integrating —..-� m te-protectine the quality of fife for neighborhoods and residents. (Imp 1. 1, 2.1, 5.1, 24.1) LU 2.8 Locally -Grown Food Promote the production and distribution of locally erown food by allowing farmers markets, food cooperatives, and neighborhood or community gardens. 8.1 LU 242.9 Oil and Gas Facilities Prohibit the construction of new onshore oil processing, refining, or transportation facilities, including facilities designed to transport oil from offshore tracts, with the exceptions of slant drilling from onshore oil fields or for the consolidation and more efficient production of wells should Banning Ranch be annexed to the City. (Imp 21, 5.1) Newport Beach General Plan Land Use Element LU 22.10 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can he adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, technology cabling and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). (Imp 1. 1, 10.2, 11.1 19.1 22.1 C =.. LU 3 A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. POROWs: LU 3,1 Neighborhoods, Districts, Corridors, and Open Spaces Maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. (Imp 1.1) LU 3.2 Community Connectivity Promote improved connectivity between Newport Beach's key districts through well- landscaped and safe pedestrian corridors, bicycle trails, wayfinding siggn_ee, and similar elements. am 16.11, 20.1) LU 3.23_3 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and /or density /intensity should be considered af4y ia these ftreas to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, reduce greenhouse gas emissions and energy consumption on an overall citywide basis, facilitate walking, bicycling, and transit use, provide places for people to congregate and interact socially. or enhance the values that distinguish Newport Beach as a special place to live and work for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. (Imp 1.1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2) LU 333_4 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: Newport Beach General Plan M Land Use Element • West Newport: consolidation of retail and visitor- serving commercial uses, with remaining commercial areas developed for residential units. • West Newport Mesa: re -use of underperforming or underutilized commercial and industrial properties for offices and other uses that support Hoag Hospital's medical activities, improvement of remaining industrial properties adjoining the City of Costa Mesa, accommodation of non -water dependent marine - related industries, and development of residential in proximity to jobs and services. • Santa Ana Heights: use of properties consistent with the adopted Specific Plan. and Redevelopment Plan • John Wayne Airport Area: re -use of underperforming or underutilized commercial industrial and office properties and development of an urban mixed -use district with resident - serving uses enabling employees to five in proximity to jobs and services. • Fashion Island /Newport Center: expanded retail and office uses and hotel rooms and development of residential in proximity to jobs and services. wh4e • Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's visitor- serving and mixed uses within the core commercial districts; encourage marine - related uses especially in commercial areas along the bay front; integrate residential with retail and visitor- serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited mixed -use and live /work buildings, and teele-eelop underperf;9rming pro €ems resideff". Infill development shall be designed and sited to preserve the historieal and arehiteetural ` °brie character of these districts. • Mariners' Mile: re -use of underperforming or underutilized properties for retail, visitor - serving, and marine- related uses, integrated with residential and eeaand public and private parking_ • Corona del Mar: enhancement of public improvements and expand public and private parking. ([mp 1. 1, 2.1, 5.1 16.10 LU 343_5 Banning Ranch Prioritize the acquisition of Banning Ranch as an open space amenity for the community and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired within a time period and pursuant to terms agreed to by the City and property owner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6- 347.2.1 through 6.5-157.4.6. (Imp 1. 1, 2.1, 5.1, 14.7, 14.11) LU 343_6 Coastal- Dependent and Related Businesses 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- Newport Beach General Plan Land Use Element 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. (Imp 2.1, 5.1, 7.1) LU 343_7 Waterfront Access Use public beaches for public recreational uses and prohibit uses on beaches that interfere with public access and enjoyment of coastal resources. Encourage the expansion and improvement of access to the waterfront and water - related uses that provide important links to waterfront uses such as beaches, launching facilities, public docks, and other similar public water area uses. (Imp 1. 1, 5. 1, 20.2) LU 343.88 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from hazards that pose a threats to life or property. (Imp 2.1, 6.1) LU 33_9 Project Entitlement Review with Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) €c, f Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. (Imp 14.3) Sustainable Development LU 4 Land use development practices that contribute to a sustained natural environment for use by future generations. economy. and well-being of Newport Beach's residents, while reducing greenhouse gas emissions and imlaets on climate change. Policies LU 4.1 Regulating Sustainable Development Promote and, where appropriate, require new development and reconstruction to comply with sustainable building_ practices incorporating a "whole system" aonroach to designing and constructing buildings that consume comparatively less energy, water, and other resources, facilitate natural ventilation, use daylight effectively, and are healthy, safe, comfortable, and durable. amp 1. 1, 32.1, 33.1, 34.1) LU 4.2 Existing Structure Reuse Encourage the retention, adaptive reuse, and renovation of existing buildings with "green" building technologies to retain the structure's embodied energy, increase energy efficiencv, and limit the generation of construction waste. (Imp 7.1) Newport Beach General Plan Land Use Element LU 4.3 Sustainable Sites and Land Development Promote land development practices that reduce energy and water consumption, pollution, greenhouse gas emissions, and waste generation incorporating such techniques as: Concentrating and designing development to promote walking, bicycling, and use of public transit as an alternative to automobile travel: Capturing and re -using stormwater runoff on -site for irrigation and /or groundwater percolation: Managing_ wastewater and using recycled water, including encouraging the use of grey water: Orienting buildings to maximize opportunities for solar energy use, day hdng, and ventilation: Using landscapes that conserve water and reduce ,green waste: Shading of surface parking, walkways, and plazas: and /or Recycling and /or salvagmg for reuse of construction and demolition debris. agi� 2.1. 7.1.8.2 LU 4.4 Revitalization of Obsolete and Underused Properties Encourage the consolidation of small commercial, industrial, and mixed -use parcels to facilitate revitalization and redevelopment. m 2.1. 24.1) LU 4.5 Heat Island Effect Reduce the "heat island effect" by promoting such features as reflective roofing, green roofs, fight - colored paving, and reducing the unshaded extent of parking lots with a tree canopy. amD7.1, 32.1, 33. 1, 34.1) LU 4.6 Orange County Sustainable Communities Strategy Implement practices for infill and mixed -use development. affordable housing, and density to achieve objectives for a reduction of vehicle trips and commute distances, air pollution, greenhouse gas emissions and energy consumption and improvement of public health consistent with applicable policies of the Orange County Sustainable Communities Strategy(SCS). am p S. 1, 32.1, 33.1, 34.1) Newport Beach General Plan Land Use Element LU 45 Management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach's natural setting. LU 4.45_1 Land Use Diagram Accommodate land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities /intensities to be permitted. The permitted densities /intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey magnum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density /intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU15 b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities /intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density /intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. (Imp 2.1, 5.1, 10.2) Newport Beach General Plan Land Use Element VISITOR SERVING The CV designation is intended to provide for Floor area to land area ratio or COMMERCIAL —CV accommodations, goods, and services intended to cumulative development primarily serve visitors to the City of Newport Beach. indicated on Land Use Plan. Newport Beach General Plan Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential The RS -D category applies to a range of detached single- Not applicable Detached —RS -D family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Single Unit Residential The RS -A category applies to a range of attached single- Not applicable Attached —RS -A family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. TWO UNIT The RT category applies to a range of two family Not applicable RESIDENTIAL —RT residential dwelling units such as duplexes and townhomes. MULTIPLE RESIDENTIAL Multiple Residential —RM The RM designation is intended to provide primarily for Units per acre or cumulative multi - family residential development containing attached amount of development as or detached dwelling units. specified on the Land Use Figures Multiple Residential The RM -D designation is intended to provide primarily for Units per acre or cumulative Detached —RM -D multi - family residential development exclusively containing amount of development as detached dwelling units. specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD The CN designation is intended to provide for a limited Floor area to land area ratio or COMMERCIAL —CN range of retail and service uses developed in one or more cumulative development distinct centers oriented to primarily serve the needs of indicated on Land Use Plan. and maintain compatibility with residential uses in the immediate area. CORRIDOR The CC designation is intended to provide a range of Floor to land area ratio or COMMERCIAL —CC neighborhood- serving retail and service uses along street cumulative development frontages that are located and designed to foster indicated on Land Use Plan. pedestrian activity. GENERAL COMMERCIAL— The CG designation is intended to provide for a wide Floor area to land area ratio or CG variety of commercial activities oriented primarily to serve cumulative development citywide or regional needs. indicated on Land Use Plan. RECREATIONAL AND The CM designation is intended to provide for commercial Floor area to land area ratio or MARINE COMMERCIAL— development on or near the bay in a manner that will cumulative development CM encourage the continuation of coastal- dependent and indicated on Land Use Plan. coastal - related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor - serving and recreational uses, 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 designation is intended to provide for Floor area to land area ratio or COMMERCIAL —CV accommodations, goods, and services intended to cumulative development primarily serve visitors to the City of Newport Beach. indicated on Land Use Plan. Newport Beach General Plan Newport Beach General Plan Land Use Element Table LU I Land Use Plan Categories Land Use Category Uses Density/ Intensity REGIONAL The CR designation is intended to provide retail, As specified by Table LU2 COMMERCIAL —CR entertainment, service, and supporting uses that serve local and regional residents. Typically, these are integrated into a multi- tenant development that contains one or more 'anchor uses to attract customers. Automobile sales, repair, and service facilities, professional offices, single- destination, and other highway- oriented uses are not permitted. COMMERCIAL OFFICE DISTRICTS GENERAL COMMERCIAL The CO -G designation is intended to provide for Floor area to land area ratio or OFFICE —CO -G administrative, professional, and medical offices with cumulative development limited accessory retail and service uses. Hotels, motels, indicated on Land Use Plan. and convalescent hospitals are not permitted. MEDICAL COMMERCIAL The CO -M designation is intended to provide primarily for Floor area to land area ratio of OFFICE —CO -M medical - related offices, other professional offices, retail, 0.75, except as specified on the short -term convalescent and long -term care facilities, Land Use Plan. research labs, and similar uses. REGIONAL COMMERCIAL The CO -R designation is intended to provide for As specified by Table LU2 OFFICE —CO -R administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses. INDUSTRIAL DISTRICTS GENERAL INDUSTRIAL —IG The IG designation is intended to provide for a wide range Floor area to land area ratio of of moderate to low intensity industrial uses, such as light 0.75, except as specified on the manufacturing and research and development, and limited Land Use Plan. ancillary commercial and office uses. AIRPORT SUPPORTING DISTRICTS AIRPORT OFFICE AND The AO designation is intended to provide for the Floor area to land area ratio of SUPPORTING USES —AO development of properties adjoining the John Wayne 0.5, except for warehousing Airport for uses that support or benefit from airport which may be developed at a operations. These may include professional offices, floor area to land ratio of 0.75. aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses. MIXED -USE DISTRICTS MIXED USE VERTICAL— The MU -V designation is intended to provide for the Mixed -Use buildings: floor area MU -V development of properties for mixed -use structures that to land ratio of 1.5; where a vertically integrate housing with retail uses including minimum floor area to land ratio retail, office, restaurant, and similar nonresidential uses. of 0.35 and maximum of 0.5 For mixed -use structures, commercial uses characterized shall be used for nonresidential by noise, vibration, odors, or other activities that would purposes and a maximum of 1.0 adversely impact on -site residential units are prohibited. for residential. Sites may also be developed exclusively for retail or office Nonresidential buildings: floor uses in accordance with the CN, CC, CG, or CO -G area to land area ratio of 0.75. designations. Newport Beach General Plan Land Use Element Land Use Category Uses Density/ Intensity MIXED -USE HORIZONTAL— The MU -H designation is intended to provide for the development of areas for a horizontally MU -H distributed mix of uses, which may include general or neighborhood commercial, commercial uses that may include regional commercial office, multi- offices, multi - family residential, visitor - serving and marine - related uses, and/or buildings that vertically integrate residential with commercial uses. uses at a maximum density of 50 Mixed -Use Horizontal 1— The MU -Ht designation provides for a horizontal Commercial or Office only: MU -H1 intermixing of uses. floor area to land ratio of 0.5. For properties located on the inland side of Coast Multi - Family Residential only: Highway in the Mariners' Mile Corridor, (a) the Coast 20.1 -26.7 units per acre. Highway frontages shall be developed for marine - related Mixed -Use Buildings: floor area Mixed -Use Horizontal 3— and highway- oriented general commercial uses in to land ratio of 1.5; where a MU -H3 accordance with CM and CG designations; and minimum floor area to land ratio (b) portions of properties to the rear of the commercial of 0.25 and maximum of 0.5 frontage may be developed for free - standing shall be used for nonresidential neighborhood- serving retail, multi - family residential units, purposes and a maximum of 1.0 or mixed -use buildings that integrate residential with retail for residential. uses on the ground floor in accordance with the CN, RM , CV, or MU -V designations respectively. Properties located in the Dover DrivelWestcliff Drive area may also be developed for professional offices or mixed -use buildings that integrate residential with retail or office uses on the ground floor in accordance with the CO and MU -V designations respectively. Mixed -Use Horizontal 2— The MU -H2 designation applies to properties located in Residential: maximum of 2,200 MU -H2 the Airport Area. It provides for a horizontal intermixing of units as replacement of existing uses that may include regional commercial office, multi- office, retail, and /or industrial family residential, vertical mixed -use buildings, industrial, uses at a maximum density of 50 hotel rooms, and ancillary neighborhood commercial uses. units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Nonresidential Uses: as defined by Table LU2 Mixed -Use Horizontal 3— The MU -H3 designation applies to properties located in Residential: maximum of 450 MU -H3 Newport Center. It provides for the horizontal intermixing units of regional commercial office, hotel, multi - family Hotel: 65 rooms in addition to residential and ancillary commercial uses. Within the those specified in Table LU2 Tennis Club, residential uses may be developed as single- Other: Nonresidential: As family units. specified by Table LU2 Newport Beach General Plan Land Use Element Land Use Category Uses Density/ Intensity Mixed -Use Horizontal 4— The MU -114 designation applies to properties where it is Mixed -Use Buildings: floor area MU -114 the intent to establish the character of a distinct and to land area ratio of 1.5, where a cohesively developed district or neighborhood containing minimum floor area to land area multi - family residential with clusters of mixed -use and/or ratio of 0.25 and maximum 0.5 commercial buildings in such locations as the interior shall be used for retail uses and parcels of Cannery Village and 15th Street on Balboa maximum of 1.0 for residential. Peninsula. Permitted uses include (a) Multi - Family Commercial only: floor area to Residential, (b) General or Neighborhood Commercial, land area ratio of 0.5. and /or (c) Mixed -Use structures, where the ground floor Multi - Family Residential only: shall be restricted to nonresidential uses along the street 20.1 -26.7 units per net acre. 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 and are permissible, but not required, on other parcels. MIXED -USE WATER The MU -W designation is intended to provide for commercial development on or near the bay RELATED —MU -W in a manner that will encourage the continuation of coastal- dependent and coastal- related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed -Use Water 1— The MU -W1 designation is applied to waterfront locations Mixed -Use Buildings: floor area M1J-W1 along the Mariners' Mile Corridor in which marine- to land ratio of 1.25; where a related, visitor - serving, commercial and residential uses minimum floor area to land ratio are intermixed with buildings that provide residential uses of 0.35 and maximum of 0.5 above the ground floor. Permitted uses include those shall be used for nonresidential permitted by the CM, CV, Multi - Family Residential (MFR), purposes and the number of and Vertical Mixed -Use (MU -V) designations. A minimum residential units shall not exceed of 50% of the permitted square footage shall be used for the cumulative total for Multi - the CM or CV land uses. No more than 50% of the Family Residential specified waterfront area between the Arches Bridge and the Boy below. Scout Sea Base may be developed with mixed -use Commercial only: floor area to structures. A master or specific plan shall be required to land area ratio of 0.5. ensure that the uses are fully integrated and impacts from Multi - Family Residential only: their differing functions and activities are fully mitigated. 12 units per acre, with the number of units calculated based on a maximum of 50% of the property. Newport Beach General Plan Land Use Element Land Use Category Uses Mixed -Use Water 2— The MU -W2 designation is applied to waterfront locations MU -W2 in which 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 designations. Free - standing residential shall not be permitted. Density/ Intensity Mixed -Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and maximum of 0.75 for residential. In Lido Marina Village, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential. Nonresidential buildings: floor area to land area ratio of 0.5. Newport Beach General Plan PUBLIC, SEMI- PUBLIC, AND INSTITUTIONAL PUBLIC FACILITIES —PF The PF designation is intended to provide public facilities, Not applicable. including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. PRIVATE INSTITUTIONS— The PI designation is intended to provide for privately Floor to land area ratio or PI owned facilities that serve the public, including places for cumulative development religious assembly, private schools, health care, cultural indicated on Land Use Plan. institutions, museums, yacht clubs, congregate homes, and comparable facilities. OPEN SPACE —OS The OS designation is intended to provide areas for a Open spaces may include range of public and private uses to protect, maintain, and incidental buildings, such as enhance the community's natural resources. maintenance equipment and supply storage, which are not traditionally included in determining intensity limits. OPEN SPACE/ The OS(RV) designation is intended for the preservation Priority: Open spaces, habitat RESIDENTIAL VILLAGE— of Banning Ranch as open space, restoration of wetlands restoration, and parks. OS(RV) and other habitats, development of a community park, and Alternative: Maximum of 1,375 consolidation of oil extraction and processing facilities. residential units, 75,000 sf of Should the property not be acquired, the designation retail commercial, and 75 hotel permits the development of a planned residential rooms. community that integrates a mix of single - family detached, single - family attached, two family, and /or multi - family residential, with supporting schools, parks, community services, local- serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan. Newport Beach General Plan Land Use Element Land Use Category Uses Density/ Intensity PARKS AND The PR designation applies to land used or proposed for Not applicable for public uses. RECREATION —PR active public or private recreational use. Permitted uses Private uses in this category may include parks (both active and passive), golf courses, include incidental buildings, such marina support facilities, aquatic facilities, tennis clubs as maintenance equipment and courts, private recreation, and similar facilities. sheds, supply storage, and restrooms, not included in determining intensity limits. For golf courses, these uses may also include support facilities for grounds maintenance employees. Other types of buildings and developments are limited as specified in Table LU2. TIDELANDS AND The TS designation is intended to address the use, Not applicable. SUBMERGED LANDS —TS management, and protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City of Newport Beach. The designation is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. Calculation of floor area shall not include parking structures. Newport Beach General Plan Land Use Element Table Anomaly Number statistical Area Land Use Designation Development Limit (so Development Limit Other Additional Information 1 L4 M1.1-1-12 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,052,880 2.1 L4 MU -H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 1.4 MU -H2 250,176 5 1.4 MU -H2 32,500 6 L4 MU -H2 46,044 Congregate care use allowed with development limit of 148.000 sq. ft., if project is trio - neutral 7 1.4 MU -H2 81,372 8 L4 MU -1-12 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -1-12 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 1.4 MU -H2 457;880463409 13 1.4 CO -G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU -H2 228,214 16 L4 CO -G 344,231 17 1.4 MU -H2 33,292 384256 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 22&jW 26 910910 21 J6 CO -G 687,000 Office: 660,000 sf; Retail: 27,000 sf Cv 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 1.3 PI 84,585 26 1.3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54;00050 462 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 L1 CO -R 199,09558746 Newport Beach General Plan Land Use Element Table Anomaly Number Statistical Area Land Use Designation Development Limit (so Development Limit Other Additional Information 35.1 Lt MU -H3 32500 36 1-1 CO -R 227,797 37 1-1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 Lt MU -H3 498;084697059 40 1-1 MU -H3 4-02&6341.593.109 42ra295 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 641 -532 Hotel Rooms 44 L1 CR x,6195251.636.025 4,300680 Theater Seats (not included in total square footage) 45 Lt CO -G 162,364 46 L1 MU -H3 /PR 3,725 247 Tennis Courts and 27 Hotel Rooms (not including total square Residential permitted in accordance with MU -1-13. foots e 47 1-1 CG 105,000 48 L1 MU -H3 337;26495 550 524 Dwelling Units 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 it CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247,402 144 Dwelling Units (included in total square footage) 60 N GV 2;660500 1,659,000 2,4501 149 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 6650065534 64 M3 CN 74;00072143 65 M5 CN 80,000 66 J2 CN 436500122986 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 Newport Beach General Plan Land Use Element Table Anomaly statistical Land Use Development Number Area Designation Limit (so Development Limit Other Additional Information 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 56,000 City Hall, and the administrative offices 75 L1 PF of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 77 H4 Cv 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0.3/0.5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design 80 Reserved 81 Reserved 82 N CN 103912 Residential units must be located 83 L4 MU -H2 0.5 FAR outside the 65 CNEL AELUP noise contour Regional Office: 500.000 sf Regional Commercial: 50.000 sf 84 L1 CO -R, CO -M. 550 000 500 Dwelling Units (not included in Allowed in Statistical Area L1 in addition CR. MU -H3 total square footage) to other development limits LU 425.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units exceeding those permitted by the General Plan unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be redeveloped or re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, mid-Multiple Unit Residential and Mixed -Use land use categories. (Imp 6.1) LU 435_3 Transfer of Development Right-RAllocations Permit the transfer of development r*4t!t- allocations from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of open space exceeding standard requirements, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) IF, Newport Beach General Plan Land Use Element consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and /or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development .-Allocations in Newport Center is governed by Policy 6.14.37.13.3 and the Airport Area by Policy 7.14.6 (Imp 2.1, 5.1, 10.2, 2 Newport Beach General Plan Land Use Element Figure l.1.11 General Plan Overview Map IIXI7 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.12 Index Map 11X17 color =Newport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU3 Statistical Area Map 11x17 color WNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.14 Statistical Area D3, D4, E1 -E3 1 1x1 7 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LUS Statistical Area C1, C2, Dl, D2 11 X 17 color ®Newport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.16 Statistical Area B3, B4, B5 I I X 17 color WNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.17 Statistical Area BI, B2 11 X 17 color WNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.18 Statistical Area Al - A3 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure 1.1.19 Statistical Area H1 — H4 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU10 Statistical Area GI, J1 - J5, Kl, K2 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU11 Statistical Area J6, L4 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU12 Statistical Area K3, 1.3, M6 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU13 Statistical Area Fl, LI, 1.2, M1 -M5 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU14 Statistical Area F2 - F8 11 X 17 color MNewport Beach General Plan BLANK Land Use Element Newport Beach General Plan Land Use Element Figure LU15 Statistical Area N 11 X 17 color ®Newport Beach General Plan BLANK Land Use Element Newport Beach General Plan M Land Use Element Goals and policies provide for the maintenance and enhancement of Newport Beach's residential neighborhoods, commercial districts, employment centers, corridors, and open spaces, assuring that new development complements and reinforces these characteristics. In addition to those listed below, community design policies are defined in the section beginning with Policy LU 6:9 --7.1 to reflect the specific community character objectives for a number of the City's districts and corridors. Residential Neighborhoods LU 546.1 Residential neighborhoods that are well- planned and designed contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region. Policies ALL NEIGHBORHOODS LU 51..16.1.1 Compatible but Diverse Development Establish property development regulations for residential projects to create compatible and high - quality development that contributes to and sustains neighborhood character. (Imp 2.1) Moped i Polia LU ra -..36.1.2Neighborhood Identification Encourage and support the identification of distinct residential neighborhoods. (Imp 1. 1, 1.3) LU &-I-A& .3Neighborhood Maintenance Promote the maintenance of existing residential units through code enforcement and promotion of County and local rehabilitation programs and public education. This may include providing information, guidance, and assistance where feasible. (Imp 23.3, 25.1, 26.1, 29.1) Newport Beach General Plan Land Use Element SINGLE - FAMILY DETACHED AND TWO -UNIT NEIGHBORHOODS LU A 156A ACharacter and Quality of Single - Family Residential Dwellings Require that residential units be designed to sustain the high level of architectural design quality that characterizes Newport Beach's neighborhoods in consideration of the following principles: • Articulation and modulation of building masses and elevations to avoid the appearance of "box -like" buildings • Compatibility with neighborhood development in density, scale, and street facing elevations • Architectural treatment of all elevations visible from public places • Entries and windows on street facing elevations to visually "open" the house to the neighborhood • Orientation to desirable sunlight and views (Imp 2.1) Illustrates articulation of single - family residential building volume, variation of rooflines, street orientation, well- defined entries, landscaping, parkways, and minimization of driveway paving. LU 5 I 66.1.5Character and Quality of Residential Properties Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. (Imp 2.1) LU 56.1.6Renovation and Replacement of Existing Residential Units Require that residential units that are renovated and rebuilt in existing single - family neighborhoods adhere to the principles for new developments, as specified by Policy 4- 6.1.4 above- and avoid. significant changes in building scale and character. (Imp 2.1, 8.2) LU 56.1.7Parking Adequacy Require that new and renovated single - family residences incorporate adequate enclosed parking in consideration of its qiiffiber ef hp4feenisfloor area. (Imp 2.1) Newport Beach General Plan Land Use Element Multi - Family Neighborhoods LU 5446.1.8 Character and Quality of Multi- Family Residential Require that multi - family dwellings be designed to convey a high quality architectural character in accordance with the following principles (other than the Newport Center and Airport Area, which are guided by Goals 7.136.14 and 6-4- 57.14, respectively, specific to those areas): Building Elevations Treatment of the elevations of buildings facing public streets and pedestrian ways as the principal facades with respect to architectural treatment to achieve the highest level of urban design and neighborhood quality Architectural treatment of building elevations and modulation of mass to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume Provide street- and path - facing elevations with high- quality doors, windows, moldings, metalwork, and finishes Illustrates multi - family residential infill townhomes, rowhouses, and apartments. Modulation of building volume and heights, articulated elevations, and orientation of residential units to the street. Ground Floor Treatment Where multi - family residential is developed on large parcels stteh as the Airper+ Afeft and West Newpaft Mesa: ■ Set ground -floor residential uses back from the sidewalk or from the right -of- way, whichever yields the greater setback to provide privacy and a sense of security and to leave room for stoops, porches and landscaping Newport Beach General Plan Land Use Element • Raise ground -floor residential uses above the sidewalk for privacy and security but not so much that pedestrians face blank walls or look into utility or parking spaces • Encourage stoops and porches for ground -floor residential units facing public streets and pedestrian ways • Where multi - family residential is developed on small parcels, such as the Balboa Peninsula, the unit may be located directly along the sidewalk frontage and entries should be setback or elevated to ensure adequate security (as shown below). Illustrates multi- tamily residential with lobbies and entry gates located on each street and pedestrian -way frontage. Roof Design ■ Modulate roof profiles to reduce the apparent scale of large structures and to provide visual interest and variety. ParkinP • Design covered and enclosed parking areas to be integral with the architecture of the residential units' architecture. Open Space and Amenity • Incorporate usable and functional private open space for each unit. • Incorporate common open space that creates a pleasant living environment with opportunities for recreation. (Imp 2.1 29.3 Commercial Districts LU 56_2 Commercial centers and districts that are well- designed and planned, exhibit a high level of architectural and landscape quality, and are vital places for shopping and socialization. Policies LU 5-2:1-6.2.1 Architecture and Site Design Require that new development within existing commercial districts centers and corridors eampleffient existing uses and xhibit a high level of architectural and site design in ,.__ ,a. _ .:__ _c.L- accordance with the following principles: Newport Beach General Plan Land Use Element • Seamless connections and transitions with existing buildings, except where developed as a free - standing building • Modulation of building masses, elevations, and rooflines to promote visual interest • Architectural treatment of all building elevations, including ancillary facilities such as storage, truck loading and unloading, and trash enclosures • Treatment of the ground floor of buildings to promote pedestrian activity by avoiding long, continuous blank walls, incorporating extensive glazing for transparency, and modulating and articulating elevations to promote visual interest • Clear identification of storefront entries • Incorporation of signage that is integrated with the buildings' architectural character • Architectural treatment of parking structures consistent with commercial buildings, including the incorporation of retail in the ground floors where the parking structure faces a public street or pedestrian way • Extensive on -site landscaping, including mature vegetation to provide a tree canopy to provide shade for customers • Incorporation of plazas and expanded sidewalks to accommodate pedestrian, outdoor dining, and other activities • Clearly delineated pedestrian connections between business areas, parking, and to adjoining neighborhoods and districts (paving treatment, landscapinge, wayfmding signage, and so on) • Integration of building design and site planning elements that comparatively reduce the consumption of water, energy, and other nonrenewable resources (Imp 2.1) Newport Beach General Plan Land Use Element I' r' T Illustrates pedestrian - activated commercial "village° character with buildings fronting onto wide sidewalks and plazas, outdoor dining, modulation and articulation of building elevations, integrated signage, orientation of storefronts to the pedestrian, and streetscape amenities. LU 3:2-.26.2.2Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: • Incorporation of Iandseapelandsaning, decorative walls, enclosed trash containers, downward focused lighting fixtures, and /or comparable buffering elements; • Attractive architectural treatment of elevations facing the residential neighborhood; • Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. (Imp 2.1) LU 3436.23Alley Design Improve and enhance the aesthetic quality of alleys without impacting service and resident access. (Imp 6.1, 8.1) Mixed -Use Districts and Neighborhoods LU 5.36_3 Districts where residents and businesses are intermixed that are designed and planned to ensure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach. Newport Beach General Plan W Land Use Element Policies LU §..1 -6.3.1 Mixed -Use Buildings Require that mixed -use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in eeasideratierr4accordance with the following principles: • Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts • Visual and physical integration of residential and nonresidential uses • Architectural treatment of building elevations and modulation of their massing • Separate and well- defined entries for residential units and nonresidential businesses • Design of parking areas and facilities for architectural consistency and integration among uses • Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces (Imp 2.1) Illustrates mixed -use buildings that integrate ground floor retail and upper floor residential Modulated building volumes and articulated elevations, separate entries for retail and residential, and orientation of the building to pedestrian- oriented streets. LU 3-.3-.26.3.2Mixed -Use Building Location and Size of Nonresidential Uses Require that 100 percent of the ground floor street frontage of mixed -use buildings be occupied by retail and other compatible nonresidential uses, unless WNewport Beach General Plan Land Use Element specified otherwise by policies for a s ecific district or corridor. (Imp 2.1) LU ra 3 36.3.31'arcels Integrating Residential and Nonresidential Uses Require that properties developed with a mix of residential and nonresidential uses be designed to achieve high levels of architectural quality in accordance with policies LU 5-4 -96.18 and LU S.-2.4 6.2.1 and planned to ensure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with nonresidential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. (Imp 2.1) LU ra 3 46.3.4Districts Integrating Residential and Nonresidential Uses Require that sufficient aereage -area be developed for an individual use located in a district containing a mix of residential and nonresidential uses to prevent fragmentation and ensure each use's viability, quality, and compatibility with adjoining uses. (Imp 2.1, 6.1) All Commercial and Mixed -Use Districts LU 5.3.56.3.5Pedestrian- Oriented Architecture and Streetscapes Require that buildings located in pedestrian- oriented commercial and mixed -use districts (other than the Newport Center and Airport Area, which are guided by Goals Er.1.47.13 and 6- 447.14, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide "eyes on the street" in accordance with the following principles: • Location of buildings along the street frontage sidewalk, to visually form a continuous or semi- continuous wall with buildings on adjacent parcels • Inclusion of retail uses characterized by a high level of customer activity on the ground floor; to insure successful retail-type operations, provide for transparency, elevation of the first floor at or transitioning to the sidewalk, floor -to -floor height, depth, deliveries, and trash storage and collection • Articulation and modulation of street- facing elevations to promote interest and character • Inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible� and • Minimization of driveways that interrupt the continuity of street facing building elevations, prioritizing drivewa , thtir--locations to side streets and alleys where feasible. (Imp 2.1) Newport Beach General Plan Land Use Element Illustrates pedestrian - onented characteristics of commercial and mixed -use projects, with transparent and articulated building elevations, wide sidewalks, and streetscape amenities. LU 5446.3.6 Parking Adequacy and Location Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. (Imp 2.1) Office and Business Parks LGoal LU 3,46.4 Office and business districts that exhibit a high quality image, are attractive, and provide quality working environments for employees. Policies LU 3}6.4.1 Site Planning Require that new and, to the extent feasible, renovated office and retail development projects be planned to exhibit a high- quality and cohesive "campus environment," characterized by the following: • Location of buildings around common plazas, courtyards, walkways, and open spaces • Incorporation of extensive on -site landscaping that emphasizes special features such as entryways • Use of landscape and open spaces to break the visual continuity of surface parking lots Newport Beach General Plan Land Use Element • Common signage program for tenant identification and wayfinding • Common streetscapes and lighting to promote pedestrian activity • Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians (Imp 2.1) Illustrates massing of industrial and commercial buildings around pedestrian- oriented plazas and open spaces, inclusion of extensive landscape, common signage and streetscapes, and modulation of building volumes and articulation of elevations. LU a c:4.26.4.2Development Form and Architecture Require that new development of business park, office, and supporting buildings be designed to convey a unified and high- quality character in eensideratien efaccordance with the following principles: • Modulation of building mass, heights, and elevations and articulation of building • Avoidance of blank building walls that internalize uses with no outdoor orientation to public spaces • Minimize the mass and bulk of building facades abutting streets • Consistent architectural design vocabulary, articulation, materials, and color palette • Clear identification of entries through design elements • Integration of signage with the building's architectural style and character • Architectural treatment of parking structures consistent with their primary commercial or office building (Imp 2.1) Newport Beach General Plan W Land Use Element Industrial Districts I J LU "6.5 Districts that provide for the manufacturing of goods and research, and development that are attractive, compatible with adjoining nonindustrial uses, and well maintained. LU 5.5. 16.5.1 Site Planning and Building Design Require that new and renovated industrial properties and structures be designed to exhibit a high quality of design and maintenance characterized by the following: • Incorporation of extensive on -site landscaping • Incorporation of landscape, decorative walls, and other elements that visually screen areas used for outdoor storage, processing, and other industrial operations from public places • Architectural treatment of all visible building elevations • Consistent and well- designed signage • Control of on -site lighting, noise, odors, vibrations, toxic materials, truck access, and other elements that may impact adjoining nonindustrial land uses. (Imp 2.1) LU &&26.5.2Property Maintenance Encourage and, where subject to redevelopment, require owners of visually unattractive or poorly maintained industrial properties to upgrade existing structures, facades, and properties to improve their visual quality. (Imp 26.1) Public and Institutional Uses and Districts! The City of Newport Beach contains a diversity of public and institutional uses including civic and government administrative facilities (City Hall), corporate yards, fire and police facilities, libraries, cultural institutions, art museum, marine science center, environmental interpretative center, senior and youth facilities, schools, and hospitals. Major public uses include the Civic Center, including City Hall, and Police Department in Newport Center, eight fire stations distributed throughout the community, Central Library in Newport Center and three branches, OASIS Senior Center in Corona del Mar, and community facilities available at various locations for residents for recreational and meeting use. Newport Beach is served by two public and one private high school, one public and one private middle school, and eight public and four private elementary schools. Hoag Hospital is a major medical center that serves the City and region and is supported by numerous medical offices and related facilities. ' NOTE: This section was incorrectly located in the General Plan (listed as Goal 6.1 and Policies 6.1. t through 6.1.5) and has been moved. No text changes have been made, other than those indicated herein. Newport Beach General Plan Land Use Element LU 66_6 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods. Policies LAND USES LU 6.1.16.6.1 Adequate Community Supporting Uses Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses. (Imp 1. 1, 2.1) LU 4-.-V.26.6.2 Siting of New Development Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. (Imp 1. 1, 14.2, 22.1 -23.2) DESIGN AND DEVELOPMENT LU I 36.6.3Architecture and Planning that Complements Adjoining Uses Ensure that the City's public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development, addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. (Imp 22.1 -23.2) LU A 1 46.6.4 Compatibility of Non -City Public Uses Encourage school and utility districts and other government agencies that may be exempt from City land use control and approval to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located and in consideration of the design and development policies for private uses specified by this Plan. (Imp 14.1, 14.15) STRATEGY LU 6�56.6.51loag Hospital Campus Support Hoag Hospital and related medical uses in its -their mission to provide a,eleeluffte sufficient facilities to meet the needs of area residents. Work with the Newport Beach General Plan m Land Use Element Hospital and related medical uses to ensure that future development plans consider i-s—their relationship to and ensure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems. (Imp 24.1) All Neighborhoods, Districts, and Corridors Goal LU "6.7 Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City's environment. 'i LU 5446.7.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. (Imp 2.1) LU S "6.7.2Form and Environment Require that new and renovated buildings and structures be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. (Imp 2.1) LU 5 A 36.7.3Ambient Lighting Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. (Imp 2.1) LU ra A 46.7.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property's topography, landforms, drainage patterns, natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. (Imp 2.1, 8.1) LU 5 A 56.7.5Heliport /Helistop Compatibility Require that all applicants for the construction or operation of a heliport or helistop comply with state permit procedures, file a Form 7480 (Notice of Landing Area Proposal) with the Federal Aviation Administration (FAA), and comply with all conditions of approval imposed by the FAA, Caltrans /Division U' Newport Beach General Plan Land Use Element of Aeronautics and Airport Land Use Commission (ALUC) for Orange County. (Imp 14.9) Goals and policies provide for the maintenance of existing neighborhoods, districts, corridors, and public and civic uses, managing growth and change to ensure that their character, livability, and economic value are sustained. • ' ON ■- ' NOTE: This section was incorrectly located in the General Plan (listed as Goal 6.1 and Policies 6. 1.1 through 6.1.5) and has been moved (renumbered as Goal 6.6 and Policies 6.6.1 through 6.6.5). No text changes have been made, other than those indicated herein. Newport Beach General Plan M ON ' NOTE: This section was incorrectly located in the General Plan (listed as Goal 6.1 and Policies 6. 1.1 through 6.1.5) and has been moved (renumbered as Goal 6.6 and Policies 6.6.1 through 6.6.5). No text changes have been made, other than those indicated herein. Newport Beach General Plan M Land Use Element Residential Neighborhoods Newport Beach is a commuiun- of distinct residential communities formed by the natural landscape and the built environment. Many of the City's older communities are located near the coast, and are characterized by small lots and the close grouping of structures. Newer residential communities, located east of the bay, have been built according to specific regulations to encourage their individual characters. Residential neighborhoods first began to develop on the Peninsula, West Newport, Balboa Island, and Lido Isle. These early neighborhoods following a traditional subdivision pattern of homes on streets designed in a linear grid and are generally pedestrian- oriented and include alleyways. Some of these older residential areas are within close proximity of commercial and visitors serving uses and are impacted by limited parking, noise, and traffic generated by commercial and visitor activities. When development spread further inland and proceeded north and east, the residential pattern changed, becoming less traditional, and more suburban in character with curvilinear streets and ranch style homes on larger lots. Examples of this type of development are the Westcliff community and Cliff Haven. As residential expanded across the bay and to the east, new styles such as attached town homes and gated communities were constructed. The Bluffs and Big Canyon communities illustrate this type of development. Newport Beach General Plan i Residential Neighborhoods Newport Beach is a commuiun- of distinct residential communities formed by the natural landscape and the built environment. Many of the City's older communities are located near the coast, and are characterized by small lots and the close grouping of structures. Newer residential communities, located east of the bay, have been built according to specific regulations to encourage their individual characters. Residential neighborhoods first began to develop on the Peninsula, West Newport, Balboa Island, and Lido Isle. These early neighborhoods following a traditional subdivision pattern of homes on streets designed in a linear grid and are generally pedestrian- oriented and include alleyways. Some of these older residential areas are within close proximity of commercial and visitors serving uses and are impacted by limited parking, noise, and traffic generated by commercial and visitor activities. When development spread further inland and proceeded north and east, the residential pattern changed, becoming less traditional, and more suburban in character with curvilinear streets and ranch style homes on larger lots. Examples of this type of development are the Westcliff community and Cliff Haven. As residential expanded across the bay and to the east, new styles such as attached town homes and gated communities were constructed. The Bluffs and Big Canyon communities illustrate this type of development. Newport Beach General Plan Land Use Element More recent residential development patterns have resulted in numerous distinct neighborhoods with a single builder constructing most or all of the homes. Many of the these communities were designed as master planned communities allowing for unique and specialized development standards, as opposed to the application of traditional, standardized zoning regulations. Examples include Bonita Canyon, Newport Ridge, and Newport Coast. There are approximately 42-5-150 homeowners associations in Newport Beach. These associations govern the maintenance of common areas and the administration of Covenants, Conditions, and Restrictions (CC &Rs). Many of these associations are active in the City's decision- making process and may have unique development standards that are not enforced by the City. Newport Beach includes a variety of residential neighborhoods As the community has approached build -out, little vacant land remains. New development has focused on nontraditional sites such as infill and mixed -use development on smaller vacant and underutilized sites in or near commercial areas. Other residential development issues in the community include the replacement of original single - family homes, duplexes, and triplexes with larger homes. Many of these homes are built to the full limit of the City's development regulations in neighborhoods where many houses are much smaller in scale. The policy framework for neighborhoods is geared toward strengthening and expanding the framework of healthy, cohesive, and identifiable neighborhoods throughout the City. Newport Beach General Plan M Land Use Element LU 67_1 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life. P 011005 LU A 2 17.1.1 Residential Supply Accommodate a diversity of residential units that meets the needs of Newport Beach's population and fair share of regional needs in accordance with the Land Use Plan's designations, applicable density standards, design and development policies, and the adopted Housing Element. (Imp 1. 1, 2.1, 25.1) LU 4447.11Allowing Rebuilding Legal nonconforming residential structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Renovations that improve the physical quality and character of the buildings but are limited in scope may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with the goals of the Land Use Element. (Imp 2.1, 7.1) LU 4-.2-.37.1.3 Residential Affordability Encourage the development of the t =es of residential units that are affordable onsistent with the Housing Element. (Imp 25.1) LU b 2 47.1.4Accessory Units Permit conditionally the construction of one granny unit (accessory age - restricted units for one or two adult persons who are sifif -five years of age or older) per single- family residence within single - family districts, provided that such units meet set back, height, occupancy, and other applicable regulations set forth in the Municipal Code. (Imp 2.1) LU 4-.2-.57.1.5Neighborhood Supporting Uses Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and comparable uses. These uses shall be designed to ensure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. (Imp 2.1) LU A 2 47.1.6Home Occupations Allow for small scale home occupations in Newport Beach's residential neighborhoods provided that they do not adversely impact traffic, parking, noise, lighting, and other neighborhood qualities. (Imp 2.1) Newport Beach General Plan Land Use Element LU 6�77.1.7Care Facilities Regulate Day Care and Residential Care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods prehibif an ever eorteefttration of reeo-eery homes or sober living borne residert6al arefts. (Imp 2.1) LU 6.2$7.1.8Manufactured Housing Permit by right manufactured housing on individual lots in residential zones as per state law. Ensure compatibility with surrounding conventional dwelling uses by adhering to development standards within the Municipal Codes to (Imp 2.1) LU 6�97.1.9Private Open Spaces and Recreational Facilities Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land uses. (Imp 6.1, 13. 1 29.3 LU 6.2.107.1.10 Gated Communities Discourage the creation of new private entry gates in existing residential neighborhoods that currently do not have a gate located at the entrance of the community. (Imp 9.1, 29.1) Districts Districts are uniquely identifiable by their common functional role, mix of uses, density /intensity, physical form and character, and /or environmental setting. Generally, they encompass large areas that often extend equally in length and breadth. They represent common gathering places for commerce, employment, entertainment, culture, and for living. While Newport Beach contains many districts, the General Plan policies in the following sections focus on those that are likely to change over the next 20 years as existing viable districts are enhanced, underperforming properties are revitalized, and opportunities are provided to accommodate the City's fair share of regional housing needs, as shown on Figure LU16. Policies are directed to the management of these changes to ensure that they complement the characteristics that are valued by Newport Beach's residents. Development in each district will adhere to policies for land use type and density /intensity (Policy LU 45_1• Table LU1) and community character (LU 5$6_1), except as amended in this section of the Plan. The goals and policies for each district are preceded by a description of its uses and characteristics in 2005 and public input from the General Plan Update Visioning Process and Public Workshops that was considered in their formulation. Newport Beach General Plan M Land Use Element Banning Ranch Located within the City's Sphere of Influence (SOI), the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (includes 47 acres of water features) are under the jurisdiction of Orange County, and 53 acres within the jurisdiction of the City of Newport Beach. Banning Ranch is located in the western -most portion of the Newport Beach Planning Area, north of Coast Highway and the Newport Shores residential community, immediately east of the Santa Ana River, and west and south of residential and industrial uses. The eastern portion of the site is higher in elevation and contains the western edge of Newport Mesa that slopes gently from east to west. Bluffs form the western edge of the mesa, and are located in the central portion of the Banning Ranch area. The western portion of the site, which is lower in elevation, historically contained a tidal marsh associated with the Semeniuk Slough and Santa Ana River. Aerial view of the Banning Ranch area Currently, the Banning Ranch area is primarily undeveloped with some historic oil extraction infrastructure located in the central and southern portions of the site that includes wells, pipelines, buildings, improved and unimproved roads, and open storage pipes and machinery. Oil extraction activities date back at least 75 years. Although the Banning Ranch site contains an assemblage of diverse habitats that have been historically disturbed, when this area is considered with the contiguous Semeniuk Slough and restored wetlands, it provides wildlife with a significantly large, diverse area for foraging, shelter, and movement. Biological studies performed for Banning Ranch indicate that, while disturbance associated with oil activities diminishes the quality of existing habitat to some extent, overall, the area should be regarded as relatively high- quality wildlife habitat due to its size, habitat diversity, and continuity with the adjacent Semeniuk Slough and federally - restored wetlands. A preliminary field evaluation of Banning Ranch was conducted by a consultant as a general indicator of the presence of habitat and species that may be subject to regulatory review. Based on this analysis, the property is estimated to contain approximately 69 acres with a habitat value rank of "l," which are primarily concentrated in the northwestern portion of the site. These areas are considered to have a high biological resource value, and are likely to require a resource permit from federal and /or state agencies prior to development. Other areas scattered throughout the site may also be of biological value but to a lesser extent. Areas with a rank of "2" (approximately 96 acres) may need a resource permit for development, where additional studies would be required to make this determination. More than likely, areas with a rank of "3" (approximately 118 acres) contain habitat and species that are not likely to require resource permitting for development. Resource permitting would likely result in the need for mitigation measures associated with development such as payment of mitigation fees, habitat INNewport Beach General Plan Land Use Element restoration, or off -site habitat replacement. The actual acreage subject to environmental permitting will be determined in subsequent studies to be conducted in accordance with state and federal regulations. Newport Beach General Plan Land Use Element Figure LU16 Planning Sub -Areas Pg 1- 8.5x11 color =Newport Beach General Plan Pg 2- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element 1 69.. 2 96 3 1 118 �[.SF7��l :B1• Additionally, Banning Ranch exhibits distinctive topography that is a physical and visual resource for the community. The property is divided into lowland and highland mesa areas. Bluff faces traverse the property generally in a north -south direction, separating these and forming an important visual backdrop from West Coast Highway. Drainage from upland areas in and adjoining the City of Costa Mesa formed a number of arroyos with riparian habitats. The bluff face geology is highly erodible and has experienced sliding over the years. Figure LU17 illustrates these constraints. During the visioning process, residents were divided in opinion regarding the future of Banning Ranch. Many residents preferred preserving Banning Ranch as open space at the beginning of the public process. However, many participants in the process later indicated their willingness to support some development of the property if it would generate revenue to help fund preservation of the majority of the property as open space. Policy Overview The General Plan prioritizes the acquisition of Banning Ranch as an open space amenity for the community and region. Oil operations would be consolidated, wetlands restored, nature education and interpretative facilities provided, and an active park developed containing playfields and other facilities to serve residents of adjoining neighborhoods. Should the property not be fully acquired as open space, the Plan provides for the development of a concentrated mixed -use residential village that retains the majority of the property as open space. This would contain a mix of housing types clustered around a "village center" of leealresident- serving commercial uses, small boutique hotel, active park, and possibly a school. Buildings would be located and designed and an interconnected street system provided to enhance pedestrian activity and reduce vehicular trips. Development would be concentrated to preserve the majority of the property as open space, while oil operations would be clustered and wetlands restored. An internal trail system would be developed to link uses within its neighborhoods and districts and provide access to adjoining neighborhoods. While the Plan indicates the maximum intensity of development that would be allowed on the property, this will ultimately by determined through permitting processes that are required to satisfy state and federal environmental regulatory requirements. LU "7.2 Preferably a protected open space amenity, with restored wetlands and habitat areas, as well as active community parklands to serve adjoining neighborhoods. WJ Newport Beach General Plan Land Use Element Policies LAND USES (designated as "OS[RV]') LU 4-.347.2.1 Primary Use Open space, including significant active community parklands that serve adjoining residential neighborhoods if the site is acquired through public funding. (Imp 2. 1, 23.1, 23.5, 30.2) STRATEGY LU 6 -.3 27.2.2Acgt isidon for Open Space Support active pursuit of the acquisition of Banning Ranch as permanent open space, which may be accomplished through the issuance of state bonds, environmental mitigation fees, private fundraising, developer dedication, and similar techniques. (Imp 9.1, 14.7, 14.11, 30.2) LU 6,47_3 If acquisition for open space is not successful, a high- quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats. Policies LAND USES LU 6447.3.1 Alternative Use If not acquired for open space within a time period and pursuant to terms agreed to by the City and property owner, the site may be developed as a residential village containing a mix of housing types, limited supporting retail, visitor accommodations, school, and active community parklands, with a majority of the property preserved as open space. The property owner may pursue entitlement and permits for a residential village during the time allowed for acquisition as open space, (Imp 2.1) Newport Beach General Plan Land Use Element Figure LU17 Banning Ranch Development Constraints Pg 1- 8.5x11 color WNewport Beach General Plan Pg 2- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element DEVELOPMENT DENSITY /INTENSITY AND CAPACITY Note. These represent general development capacity estirvates, with the propery's ultimate development footprint and capacity determined through required federal and state regulatory environmental permitting processes and a planned community developmentplan approved by the City ofNervpori Beach. LU 6,447.3.2 Residential Accommodate a maximum of 1,375 residential units, which shall consist of a mix of single - family detached, attached, and multi - family units to provide a range of choices and prices for residents. (Imp 2.1) LU 4447.3.31letail Commercial Accommodate a maximum of 75,000 square feet of retail commercial uses that shall be oriented to serve the needs of local and nearby residents. (Imp 2.1) LU 6 4 47.3.4 Overnight Accommodations Accommodate a maximum of 75 rooms in a small boutique hotel, "bed and breakfast," or other overnight accommodations. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6�"7.3.Wanned Residential Village Require that Banning Ranch, if not retained as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. Establish a development pattern that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements. (Imp 3.1, 4.1) LU &4 67.3.6Approaches for a Livable Neighborhood Site and design development to enhance neighborhood quality of life by: Establishing a pattern of blocks that promotes access and neighborhood identity Designing streets to slow traffic, while maintaining acceptable fire protection and traffic flows Integrating a diversity of residential types within a neighborhood, while ensuring compatibility among different residential types Orienting and designing the residential units to relate to the street frontage Locating and designing garages to minimize their visual dominance from the street Incorporating sidewalks and parkways to foster pedestrian activity Promoting architectural diversity (I)V 3.1, 4.1) LU 64-.77.3.7Neighborhood Structure and Form Establish a "village center" containing local serving commercial, community parks, community meeting facilities, hotel, and /or other amenities as the focal Newport Beach General Plan Land Use Element point. Buildings in the village center shall be designed to enhance pedestrian activity (e.g., visual transparency and facade modulation and articulation), integrating plazas and open spaces for public events. (Imp 3.1, 4.1 21.31 LU 4 487.3.8Open Space Network and Parklands Establish a framework of trails, community parklands, and natural habitats that provide the framework around which the residential village's uses are developed and interconnect residential districts, the village center, other uses, and open spaces. (Imp 3.1, 4.1) LU 6.497.3.9 Circulation Facilitate development of an arterial highway linking Coast Highway with Newport Boulevard to relieve congestion at Superior Avenue, if the property is developed. (Imp 3.1, 4.1, 16.1) LU 64.107.3.10 Sustainable Development Practices Require that any development of Banning Ranch achieve high levels of environmental sustainability that reduce pollution and consumption of energy, water, and natural resources to be accomplished through land use patterns and densities, site planning, building location and design, transportation and utility infrastructure design, and other techniques. Among the strategies that should be considered are the concentration of development, reduction of vehicle trips, use of alternative transportation modes, maximized walkab lity, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, architectural elements that reduce heat gain and loss, and preservation of wetlands and other habitats. (Imp 3.1, 4.1, 7.1, 16.8, 17.1, 19.1) STRATEGY LU 6- .4.117.3.1 1 Comprehensive Site Planning and Design Require the preparation of a master development or specific plan for any development on the Banning Ranch specifying lands to be developed, preserved, and restored, land uses to be permitted, parcelization, roadway and infrastructure improvements, landscape and streetscape improvements, development regulations, architectural design and landscape guidelines, exterior lighting guidelines, processes for oil operations consolidation, habitat preservation and restoration plan, sustainability practices plan, financial implementation, and other appropriate elements. (Imp 3.1, 4.1) Newport Beach General Plan Land Use Element Policies Pertaining to Both Land Use Options (Goals b-47_2 and 6 -47_3) PERMITTED USES LU 67.4.1 Oil Operations Relocate and cluster oil operations. (Imp 3.1, 4.1) LU 6�r 27.4.2Active Community Park Accommodate a community park of 20 to 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and residents of Banning Ranch, if developed. (Imp 3.1, 4.1) LU 6�r 37.4.3Habitat and Wetlands Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies. (Imp 3.1, 4.1, 14.7, 14.11) DESIGN AND DEVELOPMENT LU 6-.5-.47.4.4Relationship of Development to Environmental Resources Development should be located and designed to preserve and /or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces. Exterior lighting shall be located and designed to minimize light trespass from developed areas onto the bluffs, riparian habitat, arroyos, and lowland habitat areas. (Imp 3.1, 4.1) LU 65.57.4.5Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. (Imp 3.1, 4.1) STRATEGY LU 6.5.67.4.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and /or restored and those on which development will be permitted. (Imp 14.7, 14.11) Newport Beach General Plan Land Use Element West Newport Mesa The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Development in the area dates back to the mid- twentieth century. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital's medical activities such as doctors' offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research and development, and business park uses. In many respects, these transition with comparable patterns of development in the Westside Costa Mesa area to the north. A number of Newport Beach's marine - related businesses have relocated to the area over recent decades as coastal land values have escalated. Most of the properties are developed for single business tenants and have little landscape or architectural treatment, typical of older industrial districts of Southern California. Office and commercial buildings in West Newport Mesa The majority of properties between the industrial uses and medical center are developed with multi- family uses, including a few mobile home parks. The latter represents a resource of affordable housing in the City. These are interspersed with a school and other civic uses. Newport Beach General Plan M Land Use Element The area's considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. The 2006 General Plan Vv_isioning process participants indicated that the West Newport Mesa area would benefit from revitalization. The development of additional medical offices and other facilities supporting Hoag Hospital and additional residential units were widely endorsed. Participants were divided in their support for the retention of industrial uses. Policy Overview The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non - water- dependent marine- related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub - districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged. LU 6,67.5 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well- planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas. Policies LAND USES (refer to Figure LU18) LU I A 17.5.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical- related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as "CO -M (0.5)" (Figure LU18, Sub -Area A)] with opportunities for new residential units [areas designated as " RM(18 /ac) "] and supporting general and neighborhood- serving retail services [ "CG(0.75)" and "CN(03) "] respectively. (Imp 2.1) LU A A 27.5.2 Residential Types Promote the development of a mix of residential types and building scales within the densities permitted by the "RM" (Figure LU18, Sub -Area C) designation, which may include single - family attached, townhomes, apartments, flats, and comparable units. Residential densities may be increased on a property as a means of promoting a variety of housing types within West Newport Mesa, provided that the overall average density of 18 units per acre is not exceeded. (Imp 2.1) Newport Beach General Plan Land Use Element STRATEGY LU i, A 337.5.3Cohesive and Integrated Medical Campus Development Work with property owners and encourage the development of a master plan for streetscape, pedestrian, signage, and other improvements that contribute to a definable district. Land use boundaries delineated on the Land Use Diagram may be modified by a specific plan to achieve cohesive districts that integrate a variety of land uses. (Imp 3.1, 4.1) LU 4.."7.5.4Livable Residential Neighborhood Work with property owners and encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide arrieftity-amenities for local residents and enhance the area's identity. (Imp 3.1, 4.1) LU 6 .47_6 A general industrial district that transitions between the Hoag Hospital medical and residential community and industrial uses in the City of Costa Mesa, providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach. Policies LAND USES [designated as "IG(0.75), "refer to Figure LU 18, Sub -Area BI LU 6.7.17.6.1 Primary Uses Encourage the development of small -scale incubator industries. (Imp 2.1, 24.1) LU 6.7.27.6.2Marine Based Businesses Encourage and provide incentives for the relocation of marine -based Newport Beach businesses, including boat storage and recreational vehicles, to properties retained for industrial purposes. (Imp 2.1, 24.1) Balboa Peninsula The Balboa Peninsula comprises a series of districts linked by the Newport Boulevard /Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. Newport Beach General Plan m Land Use Element Figure LU18 West Newport Mesa Pg 1- 8.5x11 color =Newport Beach General Plan Pg 2- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element Lido Village Lido Village is primarily developed with commercial uses including grocery stores, restaurants, salons, home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian - oriented waterfront development that includes visitor - serving commercial uses, specialty stores, and marine uses. Lido Village's southern edge contains specialty retail and restaurants, the Giaie Gerrterformer City Hall complex planned for redevelopment as a boutique hotel, and churches. Lido Marina Village has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated development. Lido Village has a unique location at the turning 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. In 2011. the City Council appointed a Citizen Advisory Panel (CAP) to prepare architectural and landscape design guidelines for the Lido Village. After several CAP meetings, a public open house, and review by the Neighborhood Revitalization Committee. the Lido Village Design Guidelines were approved by the City Council in December 2011. The Design Guidelines establish the vision for the rebirth of Lido Village as the gateway to the Balboa Peninsula. Movie theater in Lido Village Cannery Village Pedestrian- oriented retail use in Lido Village eS, Cannery Village is the historic center of the City's commercial fishing and boating industry and contains a mix of small shops, art galleries, professional offices, and service establishments. Marine - related commercial (boat sales) and marine- related industrial uses (boat repair) are also found in the area. Redevelopment of properties 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. Newport Beach General Plan Land Use Element Cannery Village McFadden Square McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor. It was the center of the City's early shipping industry. Located adjacent to Newport Pier is the Dory Fishing Fleet. The fleet and open -air fish market have operated at this location since the fleet's founding in 1891 by Portuguese fishermen. The last remaining fleet of its type, it is a designated historical landmark. Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards, with residential along the ocean front and marine- related uses fronting the harbor. Numerous visitor- serving uses include restaurants, beach hotels, tourist - oriented shops (t -shut shops, bike rentals, and surf shops), as well as service operations and facilities that serve the Peninsula. There are several bars in the area with some featuring live music, especially along the ocean and Bay. front. Historically, the area has been known for its marine - related industries such as shipbuilding and repair facilities and boat storage on the harbor, some of which have been in continuous operation for over fifty years. Public parking is available in three lots, which primarily serve the beach users, tourists, and the restaurant patrons. Retail use in McFadden Square Residential in McFadden Square Much of the McFadden Square area is pedestrian- oriented, with storefronts facing the street, the presence of sign-age at a pedestrian scale, and outdoor furn tore, providing a pleasant environment for Newport Beach General Plan Land Use Element visitors. However, certain areas present difficulty for pedestrian street crossing. Specifically the intersection of Newport and Balboa Boulevards, known as the "M xmaster," is one such crossing, as the roadway configuration at this location allows traffic flow from different directions and the street is wide. Balboa Village Balboa Village is the historic center for recreational and social activities on the Peninsula. It has had a strong marine heritage, and has attracted fishermen, recreational boaters, summer residents, and beachgoers. Many of the retail uses are visitor- oriented and seasonal in nature, including a "fun zone" along Edgewater Place that contains entertainment uses. Marine- related commercial uses, including ferries to Balboa and Catalina Islands and harbor tours, are present in the area. In general, Balboa Village is pedestrian - oriented with articulated building facades and signage that is pedestrian scale. The Balboa Village core is surrounded by residences, with isolated pockets of commercial uses scattered along Balboa Boulevard. Peninsula Park also serves the area. Balboa Village and the greater Peninsula have experienced a transition to year -round residential occupancy while the visitor uses have continued. Cumulatively, there is more commercial space than can be supported by local residents, and marginal commercial space is used by businesses that are seasonal and do not thrive throughout the year. Visitor - serving retail in Balboa Village Housing in Balboa Village Participants in the 2006 General Plan Vv_isioning process indicated that Lido Village, Cannery Village, McFadden Square, and Balboa Village need continuing revitalization, and the City could be proactive in creating a vision for reinforcement of Lido Village and McFadden Square as primary activity nodes, with the interior of Cannery Village allocated for residential or mixed -use development. The integration of uses in these areas and the harbor and bay was emphasized. While overnight lodging was not MNewport Beach General Plan Land Use Element supported in the Visioning process survey and public meetings, in the opinion of the General Plan Advisory Committee smaller bed and breakfast and boutique hotels could be designed and scaled to complement the pedestrian- oriented village character of Lido Village, McFadden Square, and Balboa Village, as well as help the City's fiscal balance through the revenue that would be contributed. In 2006, Tthe public also supported the concentration of commercial uses in the core of Balboa Village, with the re -use of outlying commercial properties for housing and priority for water - oriented and visitor- serving commercial uses. Additionally, Balboa Village was identified as a suitable location for mixed -use development. The City Council appointed a five - member Citizen Advisory Panel (CAP) in June 2011 to set a new vision and implementation strategy for the revitalization of Balboa Village. Following a several month process which included input from the community, the CAP developed the Balboa Village Master Plan that includes strategies addressing_ parking, zoning, appearance and new commercial investment in Balboa Village. In September 2012, the City Council approved the Balboa Village Master Plan, followed by the formation in September 2012 of the Balboa Village Advisory Committee to oversee implementation of the Master Plan. Policy Overview The General Plan provides for the enhancement of Lido Village, Cannery Village, McFadden Square, and Balboa Village as distinct pedestrian- oriented centers of Balboa Peninsula that would be interconnected through improved streetscapes along Newport /Balboa Boulevard, a waterfront promenade on Newport Harbor, and cross - access between the Harbor and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a mix of visitor- serving, retail, small overnight accommodation facilities, and housing. In Cannery Village, commercial or mixed -use buildings would be developed at street intersections with intervening parcels developed for mixed -use or free- standing housing. Throughout the Peninsula, priority is established for the retention of marine - related uses. Balboa Peninsula Areawide LU 4$7_7 A series of commercial, retail, restaurant, recreation and nisiter sere t marine- related uses, eivie and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics and architectural style, yet integrated by streetscape amenities. Policies LU 4- 847.7.1 Urban Form Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/ nodes and connecting corridors surrounded by and linked to residential neighborhoods whose scale and character are maintained. (Imp 1.1) Newport Beach General Plan M Land Use Element LU 6.8.27.7.2 Component Districts Lido Village, Cannery Villa=. and McFadden Square should be emphasized as the primary activity centers of the northern portion of the Peninsula, linked by corridors of retail, resident and visitor - serving uses along Newport Boulevard and a mix of marine - related and residential uses on the Bay frontage. These surround a residential core in the inland section of Cannery Village. Balboa Village will continue to serve as the primary center of the lower Peninsula, surrounded by residential neighborhoods along and flanking Balboa Boulevard. (Imp 1.1) LU 6.837.7.3Marine- Related Businesses Protect and encourage marine - related businesses to locate and expand on the Peninsula unless present and foreseeable future demand for such facilities is already adequately provided for in the area. (Imp 2.1, 24.1) LU 6.8 47.7.4Skared- Parking Facilities Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. (Imp 16.10) LU 7.7.5 Access to Parking Facilities Prohibit the use of code - required parking spaces for other purposes, except as permitted on a case -by -case basis to accommodate temporary events or emergency operations provided that adequate parking can be assured to support the primary use. a4 16.10 LU 637.7.6 Quality of Place /Streetscapes Develop a plan and work with property owners and businesses to fund and implement streetscape improvements that improve Balboa Peninsula's visual quality, image, and pedestrian character. This should include well- defined linkages among individual districts, between the ocean and Bay, and along the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts. (Imp 20.1) Illustrates streetscape amenities including wide sidewalks, trees providing shade for pedestrians, benches and outdoor seating, and pedestrian- scaled signage and lighting. Newport Beach General Plan Land Use Element LU 6$67.7.7Historic Character Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing historic structures, while allowing opportunities for architectural diversity. (Imp 2.1) LU 4$77.7.8Property Improvement Provide incentives for and work with property owners to improve their properties and achieve the community's vision for the Balboa Peninsula. (Imp 24.1, 29.1) Lido Village (designated as "MU -W2," "CM(0.3)," "RM(20 1ac)," and "PI(0.75), "refer to Figure LU 19] LU 647.88 A vibrant pedestrian- oriented village environment that reflects its waterfront location at the gateway to Newport Beach's historic Balboa Peninsula that provides; providing a mix of uses se nne 3 visitors and-leeal residents. Policies LAND USES LU 67.8.1 Priority Uses Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor - serving and retail commercial, exts4-lodging facilities (bed and breakfasts, itsbouti ue hotels), and mixed -use buildings that integrate residential with retail uses [areas designated as "MU -W2 ", Subarea "A']. A portion of the Harbor frontage and interior parcels (Subarea `B ") may also contain multi- family residential [designated as "BM(20 /ac) "], and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use [designated as "CM(0.3) "]. (Imp 2.1, 24.1) LU 6427.8.2Discouraged Uses Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area's pedestrian character. (Imp 2.1) LU 7.8.3 Vested Uses Allow existing commercial buildings that exceed the maximum floor area and /or that do not provide the minimum number of parking spaces to be re- constructed to their pre - existing floor area provided that no less than the pre - existing number of narking spaces is provided. Im 2.1, 5.1. 16.10) Newport Beach General Plan m Land Use Element DESIGN AND DEVELOPMENT LU 7.8.4 Lido Village Design Guidelines Achieve a distinctive identity and duality for Lido Village through implementing guidelines for design and landscape specified by the Lido Village Design Guidelines. (Imp 2.1 � LU 7.8.5 Multi -Modal Village Enhance Lido Village's accessibility for residents and visitors by providing all common modes of transportation for residents and visitors including walking, bicycling, watercraft, and vehicles. am 16.11. 16.12 LU 7.8.6 Gateway Create a vibrant gateway village in the heart of Newport Beach's historic Balboa Peninsula, with landscaping and streetscape. IV 20.1) LU 7.8.7 Character and Design Maintain a high quality of development design in Lido Village in consideration of the following design objectives, as reflected in the Lido Village Design Guidelines: • Unification: Creating a sense of place through a unifying theme for Lido Village with defined gathering spaces, increased connectivity, and improved wayfmding: • Visual Appeal: Creating a distinct identity for Lido Village by encourag ng Coastal and Mediterranean architecture, creating an attractive gateway, maximizing view corridors and scenic opportunities, and incorporating art and landscaping: • Sustainability: Promoting econorr c and environmental sustainability by encouraging energy and water efficient practices in consideration of economic realities and viability, and celebrating California - friendly landscapes. (Lmp 2.1, 7.1, 20.1, 20.3) Cannery Village Interior Parcels [designated as "MU -H4," Figure LU19, Sub -Area C] Goal LU 6497_9 A pedestrian- oriented residential neighborhood that provides opportunities for live /work facilities and supporting retail uses. Newport Beach General Plan Land Use Element Figure LU19 Balboa Peninsula Lido Village /Cannery Village /McFadden Square Pg 1- 8.5x11 color Newport Beach General Plan M Land Use Element Pg 2- 3.5x11 color WNewport Beach General Plan Land Use Element Policies LAND USES LU A 10 17.9.1 Priority Uses Allow multi - family residential and mixed -use buildings that integrate residential above retail or live -work units throughout Cannery Village. Require mixed -use, live -work, or commercial buildings to be developed on coiner parcels e. e. xceot adiacent to Villa Wav where these are encouraged. (Imp 2.1) DESIGN AND DEVELOPMENT LU 1, 10 27.9.2 Residential Character and Architecture Require that residential buildings be designed to contribute to an overall neighborhood character, locating buildings along the street frontage to form a continuous or semi - continuous building wall. (Imp 2.1) Bayfront Parcels [designated as "MU -W2," Figure LU19, Sub -Area El LU 64-1 -7.10 A water - oriented district that contains uses that support and benefit from its location fronting onto the bay, as well as provides new opportunities for residential. Policies LAND USES LU 6.11.17.10.1 Priority Uses Accommodate water- oriented commercial uses that support harbor recreation and fishing activities, and mixed -use structures with residential above ground - level water- oriented uses. (Imp 2.1, 8.1, 21.2) Newport Beach General Plan Land Use Element McFadden Square, West and East of Newport Boulevard [designated as "MU -W2," Figure LU19, Sub -Area E[ AMMM LU 6-27.11 A pedestrian- oriented village that reflects its location on the ocean, pier, and bay front, serving visitors and local residents. Policies LAND USES LU 6.2:17.11.1 Priority Uses Accommodate visitor- and leeslresident- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale hotel accommodations, as well as mixed -use buildings that integrate residential with ground level retail. (Imp 2.1) Balboa Village LU "7.12 An economically viable pedestrian - oriented village that serves local residents and visitors and provides residential in proximity to retail uses, entertainment, and recreation. Policies PRIORITY USES (refer to Figure LU20) LU 7.12.1 Balance and Mix of Uses- Areawide Accommodate a mix of land uses including residential, restaurants, retail shops and services that cater to both residents and visitors. �Lmp 2.1, 5.12 LU 6.12 1 7.12.2 Village Core [designated as "MU-V" Sub Area `B "J Encourage local- and visitor- serving retail commercial and rr xed -use buildings that integrate residential with ground -level retail or office uses on properties, especiallc adjacent to Balboa Boulevard, Main Street, and Palm Street. (Imp 2.1) Newport Beach General Plan Figure LU20 Balboa Village Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element Pg 2- 8.5x11 color MNewport Beach General Plan Land Use Element LU 613.27.12.3 Bay Frontage /Bayfront Promenade [designated as "CV(0.75)" Sub Area A] Promote access to the Bay and beach and $prioritize water- dependent, marine - related retail and services and visitor - serving retail such as sport fishing, boat rentals, tour boats, and excursion boats. (Imp 2.1, 24.1) LU 6.13.37.12.4 Commercial Properties out of Village Core [designated as "RT" Sub-Area CJ Promote re -use of isolated commercial properties on Balboa Boulevard for residential units. (Imp 2.1) LU 7.12.5 Balboa Village Fun Zone Accommodate a mix of land uses capitalizing on the area's historic identity and character and bayfront setting including restaurants, retail shops and services catering to both residents and visitors. m 2.1. 5.1. 21.3. 29.2) DESIGN AND DEVELOPMENT LU 6.3.47.12.6 Streetscapes and Visual Quality Enhance the visual quality of Balboa Village's streetscapes promoting a pedestrian- oriented environment and offering incentives for owners to improve their properties. (Imp 20.1) LU 7.12.7 Balboa Village Design Guidelines. Require that development exhibits a high quality of site and building design in conformance with the Balboa Village Design Guidelines. � 2.1.5.1) STRATEGY LU A 1 357.12.8 Rebuilding of Nonconforming Structures Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their pre- existing intensity and, at a minimum, pre - existing number of parking spaces. (Imp 2.1) LU A 1 67.12.9 Enhancing Balboa Village's Viability and Character Provide incentives for owners to improve their properties, to develop retail uses that serve adjoining residential neighborhoods, and retain and develop marine- related uses along the harbor frontage. (Imp 24.1) Newport Center /Fashion Island Newport Center /Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and residential in a master planned mixed -use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. Newport Center Drive, a ring road that Newport Beach General Plan M Land Use Element surrounds Fashion Island, connects to a number of interior roadways that provide access to the various sites within the Center and to the four major arterials that service this development. High -rise office and hotel buildings to the north of the Center form a visual background for lower rise buildings and uses to the south and west. Interspersed in the Newport Center area are two hotels, public and semi -public uses including the Newport Beach Police and Fire Departments and Orange County Museum of Art, and entertainment uses (along the perimeter of Newport Center Drive). It is also the location of a transportation center, located at San Joaquin Hills Road and MacArthur Boulevard. Multi - family residential is located east of the Police Department. Lands adjacent to Coast Highway and Jamboree Road are developed for the Newport Beach Country Club and The Tennis Club, with adjoining single -family attached residential uses. The Newport Beach Civic Center and Library expansion were completed in 2013, creating a major civic presence in Newport Center along MacArthur Boulevard. In addition, a new public park and dogl2ark were added, which bring additional pedestrian- oriented opportunities to this area. Newport Center commercial, office, hotel, and residential While master planned, the principal districts of Newport Center /Fashion Island are separated from one another by the primary arterial corridors. Fashion Island is developed around an internal pedestrian network and surrounded by parking lots, providing little or no connectivity to adjoining office, entertainment, or residential areas. Since the 2006 General Plan visioning process' the changing economy, legislative mandates to reduce greenhouse gas emissions, and initiatives to promote a healthier population support the creation of Newport Beach General Plan Land Use Element more compact, denser, and mixed -use development which enable residents to walk and bicycle to local shopping and jobs. As the most intense center of economic activity in Newport Beach, Newport Center /Fashion Island offers opportunities to enhance its mix of uses with infill housing, offices, and retail uses meeting these objectives. Ongoing private investment in the area runs parallel to the civic development and infrastructure improvement being led by the City of Newport Beach, including the building of a new City Hall and Civic Center, parkland expansion, Central Isbrary renovation and roadwav circulation improvements. Policy Overview The General Plan provides for additional retail and office opportunities at Fashion Island and hotel rooms and housing units in Newport Center. Emphasis is placed on the improvement of the area's pedestrian character, by improving connectivity among the "superblocks," installing streetscape amenities, and concentrating buildings along Newport Center Drive and pedestrian walkways and LU 647.13 A successful mixed -use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian- friendly environment. Policies LAND USES [refer to Figure LU21] LU 6. 14:17.13.1 Fashion Island rCR" designation] Provide the opportunity for xx— additional ° --.u__ -eftftftt, , entertainment, ands supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. ^ mftamuffi of 243,25' r _ _s) t_ _..,.n_.......a t__ _.u__ tted ttses _ Newport . G__..._ r!r_e�� .w�e�ess��cvrnwresraeR -n�i . . Newport Beach General Plan M - .. NONE Policy Overview The General Plan provides for additional retail and office opportunities at Fashion Island and hotel rooms and housing units in Newport Center. Emphasis is placed on the improvement of the area's pedestrian character, by improving connectivity among the "superblocks," installing streetscape amenities, and concentrating buildings along Newport Center Drive and pedestrian walkways and LU 647.13 A successful mixed -use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian- friendly environment. Policies LAND USES [refer to Figure LU21] LU 6. 14:17.13.1 Fashion Island rCR" designation] Provide the opportunity for xx— additional ° --.u__ -eftftftt, , entertainment, ands supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. ^ mftamuffi of 243,25' r _ _s) t_ _..,.n_.......a t__ _.u__ tted ttses _ Newport . G__..._ r!r_e�� .w�e�ess��cvrnwresraeR -n�i . . Newport Beach General Plan M Land Use Element 1116.14.27.13.2 Newport Center ["MU -H3," "CO -R," "CO M," and "RM" designations] Provide the opportunity for hffii� retail. residential, hotel, and office development in accordance with the limits specified by Tables LUl and LU2. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.14.37.13.3 Transfers of Development li ightsAllocations Development Tallocations may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. (Imp 2.1) LU 6.14 - .47.13.4 Development Scale Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1) LU 6.14.57.13.5 Urban Form Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1) LU 6.1467.13.6 Pedestrian Connectivity and Amenity Require, where feasible. °_. -_-_ -` pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. (Imp 3. 1, 4.1) LU A 1 77.13.7 Fashion Island Architecture and Streetscapes Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing buildings to provide visual and physical connectivity with adjoining uses, where practical. (Imp 3.1, 4.1) STRATEGY LU A 1487.13.8 Development Agreements (2006) Require the execution of Development Agreements for residential and mixed -use development projects that use the residential 450 units identified in Table LU2 Newport Beach General Plan Land Use Element (Anomaly Locations). Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Imp 13.1) LU 7.13.9 Development Agreements (2014) Require the execution of Development Agreements for residential and mixed -use development projects that use the 500,000 SF of office, 50,000 SF of regional commercial, and 500 dwelling units identified in Table LU2 (Anomaly Location 841. Development Agreements shall define the improvements and benefits to be units. The public improvements and public benefits shall at a minimum include a comprehensive Newport Center Transportation Demand Management Program that pursues the goal of a measurable reduction in vehicle trips, including single - occupancy, through a variety of sustainable components, which shall be verified through an annual report. The program shall promote and provide for alternative transportation and modes of travel to, from, and within Newport Center. Additionally the program shall include a comprehensive pedestrian walkway and bicycle path plan with additional and appropriate amenities and more robust physical linkages to existing and future buildings. New development and uses shall be required to participate in the Newport Center Transportation Demand Management Program m Z3, 13.1) LU 6.4.97.13.10 Fashion Island Parking Structures Require new parking structures in Fashion Island to be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. (Imp 8.2) LU 7.13.11 Corona del Mar Traffic By -Pass Plan T- -Through one or more Development Agreements address funding to analyze a Corona del Mar traffic by-pass plan to divert vehicular traffic and limit traffic congestion in the Corona del Mar area. The by -pass plan shall, among other things, identify traffic measures that divert traffic on surface streets, such as new signage, and also pursues the reduction or elimination of the tolls on the San Joaquin Hills Toll Road from Newport Coast Drive to the west, and be implemented only if it is determined to be consistent with the City's Circulation Element. The by-pass plan shall be seved-considered by the City Council attd s part of the Development Agreement for any project that uses any or all of the 500,000 SF of office, 50,000 SF of regional commercial, and /or 500 dwelling units identified in Table LU2 (Anomaly Location 84).aV 16.2f LU 7.13.12 Newport Center Transportation Center The City will work with the Orange County Transportation Authority and Newport Center stakeholders towards the goal of increasing transit use at the Newport Center Transportation Center, with an emphasis on "last mile" and other appropriate strategies to increase transit ridership. The strategies shall Newport Beach General Plan M Land Use Element complement and support the Newport Center Transportation Demand Management Program. (Lmp 7.3, 14.4) Newport Beach General Plan Figure LU21 Newport Center /Fashion Island Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan EM Land Use Element Pg 2- 8.5x11 color =Newport Beach General Plan Land Use Element Airport Area The Airport Area encompasses the properties abutting and east of (JWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (UCI). This proximity has influenced the area's development with uses that support JWA and UCI, such as research and development, high technology industrial and visitor- serving uses, such as hotel and car rental agencies. A mix of low -, medium -, and high -rise office buildings predominate, with lesser coverage of supporting multi- tenant commercial, financial, and service uses. A number of buildings are occupied by corporate offices for industry and financial uses. Koll Center, at MacArthur Boulevard and Jamboree Road, was developed as a master planned campus office park. Manufacturing uses occupy a small percentage of the Airport Area. Three large hotels have been developed to take advantage of their proximity to JWA, local businesses, and those in the nearby Irvine Business Complex. The area immediately abutting JWA, referred to as the "Campus Tract," contain a diverse mix of low intensity industrial, office, and airport- related uses, including a number of auto - related commercial uses including carwash, auto - detailing, rental, repair, and parts shops. In comparison to properties to the east, this area is underutilized and less attractive. Orfioe in Airport Area Hotel in Airport Area Development in the Airport Area is restricted due to the noise impacts of JWA. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise- sensitive" uses. Additionally, building heights are restricted for aviation safety. Recent development activity in the City of Irvine's Business Complex to the north has included the transfer of development rights, bringing more intense development closer to the Airport Area and resulting in the conversion of office to residential entitlement. This activity is changing the area to a mixed -use center. Through the 2006 Vv_isioning process and preparation of the General Plan, the public preferred revitalization of the Airport Area with income - generating land uses. Generally, a range of development types were acceptable as long as traffic is not adversely affected. However, a majority believed that the Airport Area is urban in character, different than other City neighborhoods. Additional density and traffic congestion were considered more acceptable here than other parts of the City. There was strong support for new hotels and broad consensus on mixed -use development with residential and revenue - generating uses. Newport Beach General Plan Land Use Element Policy Overview The General Plan provides for the development of office, industrial, retail, and airport- related businesses in the Airport Area, as well as the opportunity for housing and supporting services. The latter would be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground -level convenience retail uses and would be developed at a sufficient scale to achieve a "complete" neighborhood. Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher. Over time, commercial and industrial properties located in the Campus Tract would be revitalized including street frontage landscape and other improvements. LU 657.14 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian- oriented amenities that facilitate walking and enhance livability. 1"�sl'c�e URBAN FORM AND STRUCTURE (refer to Figure LU221 LU 615.17.14.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1. 1, 2.1) LU bar 27.14.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, Birch, and Jamboree), except where intended to serve and be integrated with new residential development. (Imp 2.1, 24.1) LU A 15% 37.14.3 37.14.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. (Imp 2.1, 3.1, 4.1, 143) Newport Beach General Plan Figure LU22 Airport Area Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element Pg 2- 8.5x11 color ®Newport Beach General Plan Land Use Element Mixed -Use Districts (Subarea C, "MU -H2" designation) PRIMARY /UNDERLYING LAND USES LU A 1 5547.14.4 Priority Uses Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the "CO -G" designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1) RESIDENTIAL VILLAGES LAND USES LU 6.5.557.14.5 Residential and Supporting Uses Accommodate the development of a maximum of 2,200 multi- family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. For properties designated as M J -H2 in the Airport Area F( igure LU22), the residential units may consist of (a) a maximum of 1.650 units that may be constructed as replacement of permitted non - residential uses provided that the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted allocated nonresidential uses.er and (bl a maximum of 550 units may be developed as infill on surface parking lots or areas not used *s for occupiable buildings Plan Area, depieted eft- Figure T T 122 provided that the parking is replaced on site. The residential units described in this policy include those specified for Anomaly Number 83 in Table LU2 (Anomaly Locations). qmp 2.1) LU 7.14.6 Transfer of Development Allocations Permit transfer of development allocations within the Airport Area Mixed -Use districts subject to the approval of the City with the fording that the transfer is consistent with the intent of the General Plan and the transfer will not result in any adverse traffic impacts. (Imp 2.1) MINIMUM SIZE AND DENSITY LU b I55 67.14.7 Size of Residential Villages [refer to Figure LU23] Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23), The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At Newport Beach General Plan Land Use Element the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The area depicted in the "Airport Area Residential Villages Illustrative Concept ""Gafteeptual Development Plan" area shown on Figure L4422—LU23 shall be exempt from the 5 -acre minimum (Imp 2.1, 3.1, 4.1) LU 7.14.8 Affordable Housing Projects Permit housing projects that include a minimum of 30 percent of the total units for affordable to lower income households and are developed at a minimum density of 30 units per acre to be constructed on parcels of 5 acres or greater as an exception from Residential Village requirements for a minimum 10 acres in lot size and phasing described in Policy LU 7.14.7 to facilitate the development of affordable housing consistent with the Housing Element. (Imo 1.2, 1.3. 21.5) LU 6a- 5.77.14.9 Overall Density and Housing Types Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights -of -way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high -rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. (Imp 2.1, 3.1, 4.1) LU b1r87.14.10 First Phase Development Density Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed -use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. (Imp 2.1, 3.1, 4.1) LU X97.14.11 Subsequent Phase Development Location and Density Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. qmp 2.1, 3.1, 4.1) Newport Beach General Plan Land Use Element STRATEGY AND PROCESS LU A I5 107.14.12 Regulatory Plans Require regulatory plan for each residential village, w1gie shall "- -fair containing a minimum of 10 acres, developed consistent with the landscaping. lighting, walls /fencing, signage. common areas, and comparable element47 plan the location and phasing of buildings. ef—new parks, streets, arTd pedestrian ways, and infrastructure and other facilities; set forth a strategy to accommodate neighborhood- serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. (Imp 2. 1, 3.1, 4.1, 13.1. 31.11 Newport Beach General Plan Land Use Element Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram Pg 1- 8.5x11 color MNewport Beach General Plan Pg 2- 8.5x11 color Land Use Element Newport Beach General Plan Land Use Element LU a '7.14.13 Development Agreements (2006) Require �a Development Agreement shall be tegt -iced for any that includes itsfil�-residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Lmp 2.1, 3.1, 4.1, 13.1) LU 7.14.14 Development Agreements (2014) Require a Development Agreement for an-y project that includes any residential units for properties designated MU -H2 located northwest of the MacArthur Boulevard and Birch Street intersection. (Anomaly Location 83). The number, density, and location of the housing units. amp 2.1, 3.1, 4.1, 13.1) LU 7.14.14.13 Congregate Care Facility in Anomaly Number 6 The development of a congregate care facility in Anomaly Number 6 has an impact on the development of affordable senior housing, and the Citv and the property owner have agreed that the developer of congregate care in Anomaly Number 6 shall contribute the amount of $4.000.00 per independent living unit up to a maximum of $200 - 000.00 towards the development of affordable senior housing in the Cite. The timing of this contribution will be determined at such time the appropriate zoning amendments are considered by the City. An independent living unit will be defined as being designed to be occupied by a single housekeeping unit and it includes facilities for limited food preparation, but the facilities do not necessarIly include an oven or stove 'This and subsequent policies to be re- numbered on final adoption by the City Council. Newport Beach General Plan - ......... ......�...ww.��e.r�en.�. - ----- -- -- - -- - - - -- - -- - - �srazs >rasa:css�ravaa��saa'sa>•' LU a '7.14.13 Development Agreements (2006) Require �a Development Agreement shall be tegt -iced for any that includes itsfil�-residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Lmp 2.1, 3.1, 4.1, 13.1) LU 7.14.14 Development Agreements (2014) Require a Development Agreement for an-y project that includes any residential units for properties designated MU -H2 located northwest of the MacArthur Boulevard and Birch Street intersection. (Anomaly Location 83). The number, density, and location of the housing units. amp 2.1, 3.1, 4.1, 13.1) LU 7.14.14.13 Congregate Care Facility in Anomaly Number 6 The development of a congregate care facility in Anomaly Number 6 has an impact on the development of affordable senior housing, and the Citv and the property owner have agreed that the developer of congregate care in Anomaly Number 6 shall contribute the amount of $4.000.00 per independent living unit up to a maximum of $200 - 000.00 towards the development of affordable senior housing in the Cite. The timing of this contribution will be determined at such time the appropriate zoning amendments are considered by the City. An independent living unit will be defined as being designed to be occupied by a single housekeeping unit and it includes facilities for limited food preparation, but the facilities do not necessarIly include an oven or stove 'This and subsequent policies to be re- numbered on final adoption by the City Council. Newport Beach General Plan Land Use Element DESIGN AND DEVELOPMENT Neighborhood Parks LU'.'..137.14.15 Standards eriRequire dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights -of -way) of the first phase development in each neighborhood, or '/z acre, whichever is greater, as a neighborhood park to recreational and commercial needs of the community within easy walking distance of homes. 44tis requirefnent fnay be waived by the City where it ean be In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet along any edge of the park site, except as may be approved by the Planning Commission. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the required park area or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. (Imp 2.1, 3.1, 4.1, 23.1, 30.2) Newport Beach General Plan Land Use Element Illustrates integration of public parks in high density residential developments. Parks are surrounded by streets and incorporate a diversity of active and passive recreational facilities LU 647.14.16 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on- street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1) LU 637.14.17 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. (Imp 23.2) On -Site Recreation and Open Space LU 667.14.18 Standards Require developers of multi - family residential developments on parcels 8 acres or larger to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used Newport Beach General Plan Land Use Element to develop or upgrade nearby recreation facili ties to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30 percent of the parkland dedication requirements. (Imp 2.1, 3.1, 4.1, 23.2, 23.5. 30.2) Streets and Pedestrian Ways LU 6444-77.14.19 Street and Pedestrian Grid Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. (Imp 3. 1, 4.1, 16.1) LU A IS 1 A7.14.20 Walkable Streets Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short -term parking for visitors and shop customers. (Imp 3.1, 4.1, 16.1, 20.1) Illustrates pedestrian ocented multi - family residential streets with wide sidewalks, on- street packing, parkways, and units fronting onto streets. LU 64-5497.14.21 Connected Streets Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intefided -reasonable connectivity. If traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. (Imp 16.1) LU 6:1- 5.207.14.22 Pedestrian Improvements Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. 'Ps _ °°-'- °-' Newport Beach General Plan Land Use Element I IM 111141. "IM III Parking and Loading LU 646.41-7.14.23 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on- street parking. (Imp 2.1) Relationship of Buildings to Street LU 637.14.24 Sustainable Development Practices Require that development includes measures that comparatively- eves a high le-eel 4 ___:________, ___ _:__t:,: _ _,__ reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs - generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, ands architectural elements that reduce heat gain and loss. (Imp 3.1, 4.1, 16.11, 17.1, 19.1) Campus Tract ] "AO" designation Sub -Area B] LAND USES LU 647.14.25 Primary Uses Accommodate professional office; aviation retail; automobile rental, sales, and service, ; hotels; and ancillary retail, restaurant, and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "AO" designation. (Imp 2.1) STRATEGY LU 657.14.26 Economic Viability Provide incentives for lot consolidation and the re -use and improvement of properties located in the "Campus Tract," west of Birch Street. (Imp 2.1, 24.1) LU A 15 2A7.14.27 Automobile Rental and Supporting Uses 3*erk wi Encourage automobile rental and supporting uses to prernete the gin - consolidate and visually mprovemene e€ auto storage, service, and storage facilities. (Imp 24.1) Mt Newport Beach General Plan Land Use Element LU 677.14.28 Site Planning and Architecture Encourage and, when property improvements are subject to discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with lfftdaeapelandscabin¢, well- designed signage, and other amenities that improve the area's visual quality. (Imp 3.1, 7. 1, 8.1,) Commercial Nodes ] "CG" designation Sub -Area C —part] LU 687.14.29 Priority Uses Encourage the development of retail, fmancial services, dining, hotel, and eel-le uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 24.1) Commercial Office District ] "CO -G" designation Sub -Area C —part] LU 697.14.30 Priority Uses Encourage the development of administrative, professional, and office uses with limited accessory retail and service uses that provide jobs for residents and benefit adjoining mixed -use districts. (Imp 2.1, 24.1) Corridors Corridors share common characteristics of Districts by their identifiable functional role, land use mix, density /intensity, physical form and character, and /or environmental setting. They differ in their linear configuration, generally with shallow -depth parcels located along arterial streets. They are significantly impacted by traffic, often inhibiting access during peak travel periods. Their shallow depths make them unsuitable for many contemporary forms of commercial development that require large building footprints and extensive parking. While the City is crossed by a number of commercial corridors, the General Plan's policies focus on those in which change is anticipated to occur during the next 20 years. Additionally, they provide guidance for the maintenance of a number of corridors in which it is the objective to maintain existing types and levels of development. Development in each corridor will adhere to policies for land use type and density /intensity (LU 4.1, Table LU1) and community character (LU 5.0), except as specified in th s section of the General Plan. LU 667.15 Development along arterial corridors that is compatible with adjoining residential neighborhoods and open spaces, is well designed and attractive, minimizes traffic impacts, and provides adequate parking. Newport Beach General Plan Land Use Element Policies LU 6.1 6.17.15.1 Efficient Parcel Utilization Promote the clustering of retail and hotel uses by the aggregation of individual parcels into larger development sites through incentives such as density bonuses or comparable techniques. (Imp 2.1, 24.1) LU 6.16 27.15.2 Private Property Improvements Work with Encourage the upgrade of existing commercial development including repair and /or repainting of deteriorated building surfaces, well- designed signage that is incorporated into the architectural style of the building, and expanded landscaping. (Imp 24.1) LU 6.16.37.15.3 Property Access Minimize driveways and curb cuts that interrupt the continuity of street- facing building elevations in pedestrian - oriented districts and locations of high traffic volumes, prioritizing their location on side streets and alleys, where feasible. (Imp 2.1) LU 6.16- .47.15.4 Shared Parking Facilities Work with property awners afid Encourage the more efficient use of parcels for parking that can be shared by multiple businesses. (Imp 16.10) LU 637.15.5 Compatibility of Business Operations with Adjoining Residential Neighborhoods w,___ with lee al businesses to Ensure that retail, office, and other uses do not adversely impact adjoining residential neighborhoods. This may include strategies addressing hours of operation, congregaemployees loitering, trash pickup, truck delivery hours, customer arrivals and departures, and other activities. (Imp 8.2) LU 667.15.6 Design Compatibility with Adjoining Residential Neighborhoods Require that building elevations facing adjoining residential units be designed to convey a high -quality character and ensure privacy of the residents, and that properties be developed to mitigate to the maximum extent feasible impacts of lighting, noise, odor, trash storage, truck deliveries, and other business activities. Building elevations shall be architecturally treated and walls, if used as buffers, shall be well - designed and landscaped to reflect the area's residential village character. (Imp 2.1) West Newport The West Newport Coast Highway Corridor extends from Summit Street to just past 60th Street. It is a mixed commercial and residential area, with the former serving the adjoining Newport Shores residential neighborhood, the West Newport residential neighborhood south of Coast Highway, and beach visitors. Commercial uses are concentrated on the north side of Coast Highway at the Orange Newport Beach General Plan Land Use Element Street intersection and east of Cedar Street to the Semeniuk Slough. Intervening areas are developed with a mix of multi - family apartments and, west of Grant Avenue, mobile and manufactured homes. Primary commercial uses include community- related retail such as dry cleaners, liquor store, deli, and convenience stores, as well as a few visitor- serving motels, dine -in, family -style restaurants, and fast - food establishments. Generally, they are developed on shallow parcels of substandard size and configuration due to past widening of West Coast Highway and contain insufficient parking. Many of the commercial buildings appear to have been constructed in the 1960s to 1980s, 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. This area is regulated by an adepted Speeifie Plan, wh�ieh was intetided te pr8ffiete its erderly development arid provide serviee earnmereial ttses for nearby tesidenees. Residential in West Newport Commercial in West Newport The 2006 General Plan visioning process found that the West Newport Corridor is among those that require revitalization. Clustering of commercial uses to enhance their economic vitality and improve the appearance of the area was supported, as was the improvement of the quality of commercial development on the Highway. Redevelopment of the westernmost parcel occupied by a trailer park was a high priority for the neighborhood. In 2011, the City Council appointed a Citizen Advisory Panel (CAP) to develop a preliminary design for December 2011, the City Council approved the landscape design concepts which are intended to enhance the corridor and give it a more welcoming feel for residents and visitors of this part of Newport Beach. Policy Overview The General Plan provides for the improvement of Coast Highway fronting properties in West Newport by concentrating local and visitor- serving retail in two centers at Prospect Street and Orange Street with expanded parking, enhancing existing and allowing additional housing on intervening parcels, and developing a clearly defined entry at its western edge with Huntington Newport Beach General Plan Land Use Element Beach. The latter may include improvements that would support the proposed Orange Coast River Park. LU 4477.16 A corridor that includes a gateway to the City with amenities that support the Orange Coast River Park, as well as commercial clusters that serve local residents and coastal visitors at key intersections, interspersed with compatible residential development. Policies LAND USES [refer to Figure LU241 LU A 17 17.16.1 Western Entry Parcel [designated as "RM(26 1ac)" and "RM/OS(85du)' J _acilitate the acquisition of a portion or all of the property as open space, which may be used as a staging area for Orange Coast River Park with parking, park - related uses, and an underpass to the ocean. As an alternative, accommodate multi- family residential on all or portions of the property not used for open space. (Imp 14.3, 232 29.1) STRATEGY LU A 17 27.16.2 Improved Visual Image and Quality Implement streetscape improvements consistent with the design concepts developed by the 2011 Citizen Advisory Committee to enhance the area's character and image as a gateway to Newport Beach and develop a stronger pedestrian environment at the commercial nodes. (Imp 20.1) LU 637.16.3 Streetscape Require that upgraded and redeveloped properties incorporate landscaped setbacks along arterial streets to improve their visual quality and reduce impacts of the corridor's high traffic volumes. (Imp 2.1) Old Newport Boulevard Old Newport Boulevard was formerly the primary roadway leading into the city from the north, containing a diversity of highway- oriented retail and office uses. Shifting of vehicle trips to the parallel Newport Boulevard reduced the corridor's traffic volumes and economic vitality, resulting in significant changes in its land use mix. IFNewport Beach General Plan Figure LU24 West Newport Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan CM Land Use Element Pg 2- 8.5x11 color =Newport Beach General Plan Land Use Element Ofte and retail on Old Newport Boulevard The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial and professional offices. Secondary uses include personal services, restaurants, and specialty shopping such as home furnishing stores and beauty salons. Most specialty retail appears to occupy converted residential buildings. A number of auto - related businesses and service facilities are located in the corridor. Many of these are incompatible with the predominant pattern of retail service and office uses. Medical office uses have expanded considerably during recent years, due to the corridor's proximity to Hoag Hospital, which is expanding its buildings and facilities. This corridor does not exhibit a pedestrian- oriented character. While there are some walkable areas, Newport Boulevard is wide and there is a mix of uses and lot configurations that do not create a consistent walkway. Newport Beach General Plan m Land Use Element In 2006 lLittle public input was received pertaining to Old Newport Boulevard during the General Plan's preparation. In general, the preservation of the status quo was supported. Although, the public supported the development of mixed -use buildings that integrate residential with ground floor retail and townhomes on the east side of Old Newport Boulevard as a transition with adjoining residential neighborhoods. Policy Overview In the Old Newport Boulevard area, the General Plan provides for the development of professional offices, retail, and other uses that support Hoag Hospital, and retail uses serving adjoining residential neighborhoods. Pedestrian walkways within and connections west to Hoag Hospital would be improved and streetscapes installed. LU "7.17 A corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods. Policies LAND USES [designated as "CO- G(0.5), "refer to Figure LU251 LU 6.18.17.17.1 Priority Uses Accommodate uses that serve adjoining residential neighborhoods, provide professional offices, and support Hoag Hospital. (Imp 2.1) LU A I R 27.17.2 Discouraged Uses Highway- oriented retail uses should be discouraged and new "heavy" retail uses, such as automobile supply and repair uses, prohibited. (Imp 2.1) DESIGN AND DEVELOPMENT LU X37.17.3 Property Design Require that buildings be located and designed to orient to the Old Newport Boulevard frontage, while the rear of parcels on its west side shall incorporate landscape and design elements that are attractive when viewed from Newport Boulevard. (Imp 2.1) LU X47.17.4 Streetscape Design and Connectivity Develop a plan for streetscape improvements and improve street crossings to facilitate pedestrian access to Hoag Hospital and discourage automobile trips. (Imp 20.1) ' Newport Beach General Plan Figure LU25 Old Newport Boulevard Pg 1 -85x11 color Land Use Element Newport Beach General Plan CM Land Use Element Pg 2- 8.5x11 color ®Newport Beach General Plan Land Use Element 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-G66-and-Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain non - marine commercial uses, offices, and a multi-story residential building. Harbor, retail, and visitor - serving uses in Mariners' Mile Inland properties are developed predominantly for highway- oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood- serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free - standing buildings predominate, there are a significant number of multi-tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners' Mile Strategic Vision and Design Plan provides for the area's evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian - friendly retail district. In the western and easternmost segments, the Plan provides for the infill of the auto- Newport Beach General Plan Land Use Element oriented retail and visitor- serving commercial uses. Along the Harbor frontage, the Vision and Design Plan emphasizes the development of Harbor - related uses and proposes a continuous pedestrian promenade to create a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. The 2006 General Plan *visioning process participants identified Mariners' Mile as a location that needs revitalization and suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed -use development integrating residential and commercial or office space. A majority opposed hotel development in Mariners' Mile. Participants were divided on the questions of preserving opportunities for coastal - related uses in Mariners' Mile and whether the City should require or offer incentives to ensure such uses. Property owners noted that high land values and rents limit the number of marine- related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariners' Mile, there was a difference of opinion regarding whether it should be located on the Harbor frontage or limited it to inland parcels. In 2011. the Citv Council also recognized the need to revitalize Mariners' Mile by designer ng it as one of six "revitalization areas." A series of Citizen Advisory Panels were formed to focus on the other revitalization areas which included. Corona del Mar, Balboa Village, Lido Village, West Newport and Santa Ana Heights. The Council's direction indicated a multi - layered approach was required to consider the complex issues within Mariners' Mile. Policy Overview The General Plan provides for the enhanced vitality of the Mariners' Mile corridor by establishing a series of distinct retail, mixed -use, and visitor- serving centers. Harbor - fronting properties would accommodate a rnix of visitor - serving retail and marine - related businesses, with portions of the properties available for housing and mixed -use structures. View and public access corridors from Coast Highway to the Harbor would be required, with a pedestrian promenade developed along the length of the Harbor frontage. 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. Sidewalks would be improved with landscape and other amenities to foster pedestrian activity. Inland properties directly fronting onto Coast Highway and those 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. LU "7.18 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. Iff Newport Beach General Plan Land Use Element Policies STRUCTURE LU X17.18.1 Differentiated Districts Differentiate and create cohesive land use districts for key subareas of Mariners' Mile by function, use, and urban form. These should include (a) harbor- oriented uses with limited residential along the waterfront, (b) highway- oriented commercial corridor (see Figure LU26), and (c) community /neighborhood- serving "village" generally between Riverside Avenue and the southerly extension of Irvine Avenue. (Imp 1. 1, 2.1 20.1 20.2 LAND USES (refer to Figure LU26) LU 6.19.27.18.2 Bay Fronting Properties [designated as "MU -W1" Sub Area AJ Encourage marine- related and visitor- serving retail, restaurant, hotel, institutional_ recreational, and recreational uses, and allow residential uses above the ground floor on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. No more than 50 percent of the waterfront land -area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed -use structures. (Imp 2.1, 5.1, 24.1) LU 61 937.18.3 Marine- Related Businesses 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 uses to locate or expand within existing sites and allow reasonable long- term growth. (Imp 2.1, 5.1, 24.1) LU b 19 47.18.4 Inland side of Coast Highway [designated as "MU -H1," "CG(0.3), "and "CG(0.5) "SubAreas Band CJ Accommodate a mix of visitor- and leealresident- serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as graeefy stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. (Imp 2.1, 5.1) LU 6:x957.18.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor- serving, and other waterfront uses. (Imp 2.1, 5.1) Newport Beach General Plan Cm Land Use Element DESIGN AND DEVELOPMENT Corridor LU 667.18.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariners' Mile Strategic Vision and Design Plan. (Imp 20.1) Harbor - Fronting Properties LU 677.18.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area's setting and nautical history. (Imp 8.1, 8.2) LU 687.18.8 Integrating Residential -Site Planning Principles Permit properties developed for residential to locate the units along the Harbor frontage provided that portions of this frontage are developed for (a) retail, restaurant, or other visitor - serving uses and (b) plazas and other open spaces that provide view corridors and access from Coast Highway to the Harbor. The amount of Harbor frontage allocated for each use shall be determined by the City during the Development Plan review process. (Imp 2.1, 5.1) LU 619- 97.18.9 Harbor and Bay Views and Access Require that buildings be located and sites designed to provide clear views of and access to the Harbor and Bay from the Coast Highway and Newport Boulevard rights -of -way in accordance with the following principles, as appropriate: ■ Clustering of buildings to provide open view and access corridors to the Harbor • 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 WNewport Beach General Plan Figure LU26 Mariners' Mile Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan Cm Land Use Element Pg 2- 8.5x11 color MNewport Beach General Plan Land Use Element A site - specific analysis shall be conducted for new development to determine the appropriate size, configuration, and design of the view and access corridor that meets these objectives, which shall be subject to approval in the Development Plan review process. (Imp 2.1) LU 607.18.10 Waterfront Promenade Require that development on the bay frontage implement amenities that ensure access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. (I)V 2.1, 20.2) LU 7.18.11 Guiding Development of a District Corridor Initiate a process to review and, as appropriate, revise existing development standards and the Mariners' Mile Strategic Vision and Design Framework to (a) encourage less intensity along the Bayfront in exchange for more intensity of inland parcels and (b) ensure they adequately implement the vision for the form and quality of Mariners' Mile's coastal and inland development for such elements as viewshed and resource protection; building location, scale, mass, and heights; architectural character and design: streetscape amenities: site access and parking; traffic and connectivity to the Bayfront. I 2.1. 5.1. 16.10, 20.2) Community /Neighborhood Village LU 617.18.12 Pedestrian- Oriented Village Require that inland properties that front onto internal streets within the Community /Neighborhood Village locate buildings along and forming a semi - continuous building wall along the sidewalk, with parking to the rear in structures or in shared facilities and be designed to promote pedestrian activity. (Imp 2. 1, 16.10) LU 627.18.13 Properties Abutting Bluff Faces Require that development projects that include coastal bluffs locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. (Imp 2.1) STRATEGY LU 637.18.14 Lot Consolidation on Inland Side of Coast Highway Permit development intensities in areas designated as "CG(0.3)" 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. (Imp 2.1, 5.1, 96.10 LU 6.19.147.18.15 Parking Lot Relocation Consider options for the relocation of the City parking lot on Avon Street to better support the corridor's retail uses. (Imp 16.10) Newport Beach General Plan M Land Use Element LU 6.19.167.18.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. qV 16.10) Corona del Mar The Corona del Mar corridor extends along Coast Highway between Avocado Avenue and Hazel Drive. It is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods, with isolated uses that serve highway travelers and coastal visitors. Among the area's primary uses are restaurants, home furnishings, and miscellaneous apparel and professional offices including architectural design services. Almost half of the commercial uses are located in multi - tenant buildings with retail on the ground floor and professional services above. Other uses include the Sherman Library and Gardens, a research library and botanical garden open to the public, and an assisted -living residential complex. Buildings in the Corona del Mar corridor mostly front directly on and visually open to the sidewalks, with few driveways or parking lots to break the continuity of the "building wall" along the street. These, coupled with improved streetscape amenities, landscaped medians, and a limited number of signalized crosswalks, promote a high level of pedestrian activity. Views of Corona del Mar along Pacific Coast Highway The Corona del Mar Vision Plan, developed by the Business Improvement District, is intended to enhance the shopping district through community improvements. These envision a linear park -like environment with extensive sidewalk landscaping, street furniture, pedestrian - oriented lighting fixtures, activated crosswalks, parking lanes, and comparable improvements. The 2006 General Plan Vv_isioning process participants expressed support for protecting Corona del Mar as an important historic commercial center that serves adjoining neighborhoods. Avocado Avenue to Dahlia Avenue. This effort also included the preparation of an Entryway Enhancement Proiect in coordination with the Corona del Mar Business Improvement District. Newport Beach General Plan Land Use Element Policy Overview The General Plan sustains Corona del Mar as a pedestrian- oriented retail village that serves surrounding neighborhoods. New development largely would occur as replacement of existing uses and developed at comparable building heights and scale. Additional parking would be provided by the re -use of parcels at the rear of commercial properties and /or in shared parking lots or structures developed aft near Coast Highway. LU 6:287.19 A pedestrian - oriented "village" serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. Policies LAND USES [designated as "CC," refer to Figure LU271 LU 6.20.17.19.1 Primary Uses Accommodate neighborhood- serving uses that complement existing development. (Imp 2.1) LU 63&27.19.2 Shared Parking Structures Accommodate the development of structures on public or private parcels and other public /private arrangement that provides additional off - street parking ea pareels for multiple businesses along the corridor, provided that the ground floor of the street corridor frontage is developed for pedestrian - oriented retai) -uses. (Imp 2.1, 16.10) LU 63837.19.3 Expanded Parking Accommodate the redevelopment of residential parcels immediately adjoining commercial uses that front onto Coast Highway for surface parking, provided that adequate buffers are incorporated to prevent impacts on adjoining residential (see "Design and Development" below). (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.20.47.19.4 Pedestrian - Oriented Streetscapes Work with business associations, tenants, and property owners to implement Corona del Mar Vision Plan streetscape improvements that contribute to the corridor's pedestrian character. (Imp 20.1) Newport Beach General Plan m Land Use Element STRATEGY LU 6.20.57.19.5 Complement the Scale and Form of Existing Development Permit new commercial development at a maximum intensity of 0.75 FAR, but allow existing commercial buildings that exceed this intensity to be renovated, upgraded, or reconstructed to their pre - existing intensity and, at a minimum, pre- existing number of parking spaces. (Imp 2.1) LU 630.67.19.6 Expanded Parking Opportunities Work with local businesses, residents, and organizations to explore other methods to provide parking convenient to commercial uses, such as a parking district or relocation of the City parking lot at the old school site at 4`' Avenue and Dahlia Avenue. (Imp 16.10) Newport Beach General Plan Figure LU27 Corona Del Mar Pg 1- 8.5x11 color Land Use Element Newport Beach General Plan CM Land Use Element Pg 2- 8.5x11 color MNewport Beach General Plan CHAPTER 14 Glossary 2014 Land Use Element Amendment Retained and modified 2014 Land Use Element Amendment policies will continue to be informed by the definitions outlined in Chapter 14 of the General Plan. The Amendment also established new policies focusing on best planning practices addressing such topics as sustainability, climate change, and healthy communities which have emerged since adoption of the 2006 General Plan. Not all terms defined in the Glossary are used in the General Plan. Definitions apply regardless whether they are capitalized in the text of the General Plan. Access —A way of approaching or entering a property, including ingress (the right to enter) and egress (the right to leave). 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. Acres, Net —The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road right -of -way, public open space, and floodways. ADT —See Average Daily Traffic Air Basin —One of 14 self - contained regions in California minimally influenced by air quality in contiguous regions. Air Pollutant Emissions — Discharges into the atmosphere, usually specified in terms of weight per unit of time for a given pollutant from a given source. Air Pollution —The presence of contaminants in the air in concentrations that exceed naturally occurring quantities and are undesirable or harmful. Airport- related Business —A use that supports airport operations including, but not limited to, aircraft repair and maintenance, flight instruction, and aircraft chartering. Air Quality Standards —The prescribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. Alley —A narrow service way, either public or private, that provides a permanently reserved but secondary means of public access not intended for general traffic circulation. Alleys typically are located along rear property lines. Alluvial —Soils deposited by stream action. Alquist - Priolo Earthquake Fault Zoning Act — California state law that mitigates the hazard of surface faulting to structures for human occupancy. Ambient— Surrounding on all sides; used to describe measurements of existing conditions with Page I 1 respect to traffic, noise, air and other environments Ambient Noise Level– The combination of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. 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. Annexation —The incorporation of a land area into an existing city with a resulting change in the boundaries of that city. Apartment —(1) One or more rooms of a building used as a place to live, in a building containing at least one other unit used for the same purpose. (2) A separate suite, not owner occupied, that includes kitchen facilities and is designed for and rented as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit. Appealable Area —That portion of the coastal zone within an appealable area boundary adopted pursuant to Section 30603 of the California Coastal Act and approved by the Coastal Commission and depicted on the Permit and Appeal Jurisdiction Map. Approach Zone —The air space at each end of a landing strip that defines the glide path or approach path of an aircraft and which should be free from obstruction. Aquifer —An underground bed or layer of earth, gravel, or porous stone that contains water. Area; Area Median Income —As used in California housing law with respect to income eligibility limits established by the U.S. Department of Housing and Urban Development (HUD), "area" means metropolitan area or nonmetropolitan county. In non - metropolitan areas, the "area median income" is the higher of the county median family income. Armor —To fortify a topographical feature to protect it from erosion (e.g., constructing a wall to armor the base of a sea cliff). Arterial —A major street carrying the traffic of local and collector streets to and from freeways and other major streets, with controlled intersections and generally providing direct access to nonresidential properties. 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. Assisted Housing — Generally multi -family rental housing, but sometimes single - family ownership units, whose construction, financing, sales prices, or rents have been subsidized be federal, state, or local housing programs, including, but not limited to, federal Section 8 (new construction, substantial rehabilitation, and loan management set - asides), federal Sections 213, 236, and 202, federal Section 221(d)(3) (below- market interest rate program), federal Section 101 (rent supplement assistance), CDBG, FmHA Section 515, multi- family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs. Page 1 2 Average Daily Traffic (ADT)— Number of vehicles (cars, trucks, etc.) on a road over a 24 -hour period (measured in vehicles per day). A- Weighted Decibel or dB(A) —A numerical method of rating human judgment of loudness. The A- weighted scale reduces the effects of low and high frequencies in order to simulate human hearing. Backbeach (Dry Beach) —The sand area inundated only by storm tides or extreme high tides. These areas supply sands to the dune system. Base Flood Elevation —The highest elevation, expressed in feet above sea level, of the level of flood waters expected to occur during a 100 -year flood (i.e., a flood that has one percent likelihood of occurring in any given year). 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 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. 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. Bed and Breakfast — Usually a dwelling unit, but sometimes a small hotel, that provides lodging and breakfast for temporary overnight occupants, for compensation. 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. Best Management Practices (BMPs)— 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. Bicycle Lane (Class II facility) —A corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use by motorized vehicles. Bicycle Path (Class I facility) —A paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. Bicycle Route (Class III facility) —A facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. Page 1 3 Bikeways —A term that encompasses bicycle lanes, bicycle paths, and bicycle routes Biodiversity —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 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 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 landward most 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. 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 —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. 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. Buffer —A strip of land designated to protect one tape of land use from another incompatible use. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones, such as a multi-family housing zone between single- family housing and commercial uses. Building —Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature. Page 1 4 Building Height —The vertical distance from the average contact ground level of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. The exact definition varies by community. For example, in some communities building height is measured to the highest point of the roof, not including elevator and cooling towers. Buildout; Build- out — Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations. (see "Carrying Capacity (3).'� 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. 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 (riptap) or sand beach between the bulkhead and the water and land areas. Busway —A vehicular right -of -way or portion thereof —often an exclusive lane— reserved exclusively for buses. California Environmental Quality Act (CEQA) —A state law (California Public Resources Code Section 21000 et seq.) requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. General Plans usually require the preparation of a "Program FIR." California Housing Finance Agency (CHFA) —A state agency, established by the Housing and Home Finance Act of 9975, authorized to sell revenue bonds and generate funds for the development, rehabilitation, and conservation of low- and moderate - income housing. California Least Tern —An endangered bird species that nests on beaches and in salt marshes along California; smallest of the terns. Caltrans— California Department of Transportation. 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. Capital Improvement Program (CIP) —A proposed timetable or schedule of all future capital improvements (government acquisition of real property, major construction project, or acquisition of long lasting, expensive equipment) to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means of financing each project. Capital improvement programs are usually projected five or six years in advance and should be updated annually. Carbon Dioxide —A colorless, odorless, non - poisonous gas that is a normal part of the atmosphere Page 1 5 Carbon Monoxide —A colorless, odorless, highly poisonous gas produced by automobiles and other machines with internal combustion engines that imperfectly burn fossil fuels such as oil and gas. 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). Census —The official decennial enumeration of the population conducted by the federal government. 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. City —City, with a capital "C," generally refers to the government or administration of a city. City, with a lower case "c" may mean any city. City Council—The governing board of the City. The €weseven- member elected council is responsible to the electorate for keeping pace with changing community needs, for establishing the quality of municipal services through the open conduct of public affairs, and for encouraging constructive citizen participation. 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 Climate Action Plan (CAP) —A policy document enabling Newport Beach to comply with State requirements for the reduction of greenhouse gas emissions including Executive Order 5 -3 -05: Assembly Bill 32, The California Global Warming Solutions Act of 2006: and Senate Bill 375 and consistency with the Orange County Sustainable Communities Strategy. CAPS provide analyses of the GHG emissions attributable to the community: estimates of how those emissions are expected to increase to 2020 and the horizon year of the General Plan: and recommended policies and actions that can reduce GHG emissions to meet regional and state targets. Climate Change — Changes in average winter and spring temperatures during the past 50 years, with reduction in snowpack coverage, water runoff and supply, and drier vegetative cover, and changes in sea level. Cluster Development — Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area. CNDDB — California Natural Diversity Database. 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 Commission —The California Coastal Commission, the state agency established by state law responsible for carrying out the provisions of the California Coastal Act and for review of coastal permits on appeal from local agencies. Page 1 6 Coastal Development Permit (CDP) —A permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600. 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 Zone —That land and water area 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, not any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. 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 - related Development—Any use that is dependent on a coastal- dependent development or use. Collector —A street for traffic moving between arterial and local streets, generally providing direct access to properties. Collector Roadway —A collector roadway is a two -to -four -lane, unrestricted access roadway with capacity ranging from 7,000 VPD to 20,000 VPD. It differs from a local street in its ability to handle through traffic movements between arterials. Community Care Facility —Any facility, place, or building which is maintained and operated to provide non - medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities. Community Development Block Grant (CDBG) —A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitlement communities, and by the State Department of Housing and Community Development (HCD) for non - entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development. Community Noise Equivalent Level (CNEL) —The average equivalent sound level during a 24- hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night after 10 p.m. and before 7 a.m. See also "A- Weighted Decibel." Community Redevelopment Agency (CRA) —A local agency created under California Redevelopment Law, or a local legislative body that has elected to exercise the powers granted to such Page 1 7 an agency, for the purpose of planning, developing, re- planning, redesigning, clearing, reconstructing, and /or rehabilitating all or part of a specified area with residential, commercial, industrial, and /or public (including recreational) structures and facilities. The redevelopment agency's plans must be compatible with adopted community general plans. Compatibility —The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in zoning districts are intended to achieve compatibility within the district. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre; building heights and mass: architectural design: pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or the presence of hazardous materials. On the other hand, many aspects of compatibility are based on personal preference and are much harder to measure quantitatively, at least for regulatory purposes. Condominium —A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Congestion Management Plan (CMP) —A mechanism employing growth management techniques, including traffic level of service requirements, development mitigation programs, transportation systems management, and capital improvement programming, for the purpose of controlling and /or reducing the cumulative regional traffic impacts of development. AB 1791, effective August 1, 1990, requires all cities, and counties that include urbanized area, to adopt and annually update a Congestion Management Plan. Congregate Care Housing — Generally defined as age - segregated housing built specifically for the elderly that provides services to its residents, the minimum of which is usually an on -site meal program, but which may also include housekeeping, social activities, counseling, and transportation. There is generally a minimum health requirement for acceptance into a congregate facility as most do not offer supportive health care services, thus differing from a nursing home. Residents usually have their own bedrooms and share common areas such as living rooms, dining rooms, and kitchens; bathrooms may or may not be shared. Conservation —The management of natural resources to prevent waste, destruction, or neglect 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. Council of Governments (COG) —A regional planning and review authority whose membership includes representation from all communities in the designated region. The Southern California Association of Governments (SCAG) is an example of a COG in Southern California. Coverage —The proportion of the area of the footprint of a building to the area of the lot on which its stands. Cretaceous —A period of geologic time spanning 136 -64 million years ago. Critical Facility — Facilities housing or serving many people which are necessary in the event of an earthquake or flood, such as hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, such as water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cul -de -sac —A short street or alley with only a single means of ingress and egress at one end and with a turnaround at its other end. Page 1 8 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 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. Day -Night Average Level (LdJ —The average equivalent sound level during a 24 -hour day, obtained after addition of 10 decibels to sound levels in the night after 10:00 P.M. and before 7:00 A.M. See also "Community Noise Equivalent Level." Decibel (dB) —A unit for describing the amplitude of sound, as it is heard by the human ear. See also "A- Weighted Decibel," "Community Noise Equivalent Level," and "Day -Night Average Level." Dedication —The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by a city. Dedication, In lieu of —Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees of in lieu contributions. 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. Density—The number of families, individuals, dwelling units or housing structures per unit of land; usually density is expressed "per acre." Thus, the density of a development of 100 units occupying 20 acres is 5 units per acre. Density Bonus —The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location. Density Transfer —A way of retaining open space by concentrating densities, usually in compact areas adjacent to existing urbanization and utilities, while leaving unchanged historic, environmentally sensitive, or hazardous areas. Developable Acres, Net —The portion of a site that can be used for density calculations. Some communities calculate density based on gross acreage. Public or private road rights -of -way are not included in the net developable acreage of a site. Developable Land —Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas. Developer —An individual who or business which prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, and in which the preparation of the land or the creation of the building space is in itself a business and is not incidental Page 1 9 to another business or activity Development —The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land. Development Impact Fees —A fee or charge imposed on developers to pay for the costs to the city of providing services to a new development. Development Plan —A plan, to scale, showing uses and structures proposed for a parcel or multiple parcels of land. It includes lot lines, streets, building sites, public open space, buildings, major landscape features, and locations of proposed utility services. Development Rights —The right to develop land by a landowner that maintains fee - simple ownership over the land or by a parry other than the owner who has obtained the rights to develop. Such rights usually are expressed in terms of density allowed under existing zoning. For example, one development right may equal one unit of housing or may equal a specific number of square feet of gross floor area in one or more specified zone districts. 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 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. Duplex —A detached building under single ownership that is designed for occupation as the residence of two families living independently of each other. Dwelling —A structure or portion of a structure used exclusively for human habitation. Dwelling Unit —One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of a single family maintaining a household. Dwelling, Multi - family —A building containing two or more dwelling units for the use of individual families maintaining households; an apartment or condominium building is an example of this dwelling unit type. Dwelling, Single - family Attached —A one - family dwelling attached to one or more other one- family dwellings by a common vertical wall; duplexes and townhomes are examples of this dwelling unit type. Dwelling, Single - family Detached —A dwelling which is designed for and occupied by not more Page 1 10 than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWR— California 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). Economic Base —The production, distribution, and consumption of goods and services within a planning area. Eelgrass —A marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate. Elderly Housing — Typically one- and two- bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them. (See "Congregate Care.' 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. Element —A division of the General Plan referring to a topic area for which goals, policies, and programs are defined (e.g., land use, housing, circulation). Embodied Energy —An accounting method which aims to find the sum total of the energy necessary for an entire product life - cycle. Emergency Shelter —A facility that provides immediate and short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See "Homeless" and "Transitional Housing.' Eminent Domain —The authority of a government to take, or to authorize the taking of with compensation, private property for public use. Emission Standard —The maximum amount of pollutant legally permitted to be discharged from a single source, either mobile or stationary. Endangered Species —A species of animal or plant is endangered when its prospects for survival and reproduction are in immediate jeopardy from one or more causes. 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. Environment —The sum of all external conditions and influences affecting the life, development, and survival of an organism. Page 1 11 Environmental Impact Report (EIR) —A report required of general plans by the California Environmental Quality Act and which assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action. (See "California Environmental Quality Act. ") Environmental Study Area (ESA) — Relatively large, undeveloped areas containing natural habitats and may be capable of supporting sensitive biological resources. Environmentally Sensitive Habitat Area (ESHA) —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). 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. Equivalent Sound Level (LEQ) —The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. 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. 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 0.5 parts per thousand during the period of average annual low flow. Estuary —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. Exaction —A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. Exclusion Area —That portion of the coastal zone within an exclusion area boundary adopted pursuant to the California 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. Fast -food Restaurant —Any retail establishment intended primarily to provide short -order food Page 1 12 services for on -site dining and /or take -out, including self -serve restaurants (excluding cafeterias where food is consumed on the premises), drive -in restaurants, and formula restaurants required by contract or other arrangement to offer standardized menus, ingredients, and fast -food preparation. Fault, Active —A fault that has moved within the last 11,000 years and that is likely to move again within the next 100 years. Fault, Inactive —A fault which shows no evidence of movement in the last 11,000 years and no potential for movement in the relatively near future. Fault, Potentially Active —A fault that last moved within the Quaternary Period (the last 2,000,000 to 11,000 years) before the Holocene Epoch (11,000 years to the present); or a fault that, because it is judged to be capable of ground rupture or shaking, poses an unacceptable risk for a proposed structure. 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. FEMA— Federal Emergency Management Agency. Page 1 13 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. FHWA — Federal Highway Administration. Fill—Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area. Findings) —The result(s) of an investigation and the basis upon which decisions are made. Findings are used by government agents and bodies to justify action taken by the entity. Fire Flow —A rate of water flow that should be maintained to halt and reverse the spread of a fire. Fire Hazard Zone —An area where, due to slope, fuel, weather, or other five related conditions, the potential loss of life and property from a fire necessitates special fire protection measures and planning before development occurs. Fire - resistive —Able to withstand specified temperatures for a certain period of time, such as a one- hour fire wall; not fire - proof. First Public Road Paralleling the Sea —The road that is nearest the sea, as defined in this chapter, and that 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 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 Fiscal Impact Analysis —A projection of the direct public costs and revenues resulting from population or employment change to the local jurisdiction(s) in which the change is taking place. Enables local governments to evaluate relative fiscal merits of general plans, specific plans, or projects. Flood Insurance Rate Map (FIRM) —Fox each community, the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to that community. Flood, Regulatory Base —Flood having a one percent chance of being equaled or exceeded in any given year (100 -year flood). Floodplain —A lowland or relatively flat area adjoining the banks of a river or stream which is subject to a one percent or greater chance or flooding in any given year (i.e., 100 -year flood). Page 1 14 Floodway —The channel of a watercourse or river, and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the base flood of the channel. Floor Area Ratio (FAR) —The gross floor area of all buildings on a lot divided by the lot area; usually expressed as a numerical value (e.g., a building having 5,000 square feet of gross floor area located on a lot of 10,000 square feet in area has a floor area ratio of 0.5:1). 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. Frequency —The number of times per second that a sound pressure signal oscillates about the prevailing atmosphere pressure. The unit of frequency is the hertz. The abbreviation is Hz. General Plan —A legal document that takes the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of policies regarding the long -term development of a jurisdiction. The state requires the preparation of seven elements or divisions as part of the plan: land use, housing, circulation, conservation, open space, noise, and safety. Additional elements pertaining to the unique needs of an agency are permitted. Geographic Information System (GIS) —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. Geohazard —A risk associated with geologic processes or events. Giant Kelp —A large brown seaweed (Macrocystispyrifera) that grows primarily on rocky substrate and forms a underwater "forest" in which a diverse group of algae, invertebrates, and fishes are found. Global Positioning System (GPS) —A satellite -based navigational system. Goal —The ultimate purpose of an effort stated in a way that is general in nature and immeasurable; a broad statement of intended direction and purpose (e.g., "Achieve a balance of land use types within the city "). Grade —The degree of rise or descent of a sloping surface. Gravity Walls — Massive, self - supporting walls which resist horizontal wave forces through their sheer mass. Greenbelt —An open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. Greenhouse Gas Emissions (GHG)— Heat - trapping gasses, including water vapor. carbon dioxide C0-1, methane (CH41. and ozone (03). The primary sources of GHG emissions contributing to climate change are the combustion of fossil fuels for energy and transnortation. Greenhouse Gas Emission (GHG) Reduction or Reducing Greenhouse Gas (GHG) Page 1 15 Emissions —GHG emissions shall be considered to have been reduced as mandated or encouraged by a General Plan policy if the level of GHG emissions expected to be generated by a proposed project with GHG reduction measures would be less than the level of GHG emissions that would have been generated had that proposed project been constructed without such measures under standards in effect in 1990, regardless of the existing use of the subject property or area. Grid —City of Newport 2,000 x 3,000 -foot aerial reference grid 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. Ground Failure — Mudslide, landslide, liquefaction (see this Glossary), or the compaction of soils due to ground shaking from an earthquake. Ground Shaking— Ground movement resulting from the transmission of seismic waves during an earthquake. Groundwater — Subsurface water occupying the zone of saturation usually found in porous rock strata and soils. Group Quarters —A dwelling that houses unrelated individuals. Growth Management — Techniques used by government to control the rate, amount, and type of development. Habitat —The physical location or type of environment in which an organism or biological population lives or occurs. 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 Regulations —Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor. 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 Hazardous Materials —An injurious substance, including pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals and nuclear fuels. HCD— California Department of Housing and Community Development Page 1 16 HDC— Nonprofit Housing Development Corporation. Headland (Head) —A high, steep -faced projection extending into the sea, usually marking an area of fairly stable and rigid landform. Heat Island Effect —An urban area having higher average temperature than its rural surroundings due to the greater absorption, retention, and generation of heat by its buildings. _pavements, and human activities. High Occupancy Vehicle — Vehicle transporting more than one person (at least one passenger, in addition to the driver). 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 Preservation —The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition. 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, political, military, or cultural history of the City of Newport Beach and /or California and /or the United States. Holocene —n geologic time, less than 11,000 years ago; also called Recent. HOME —Home Investment Partnership Act. Homeless— Persons and families who lack a fixed, regular, and adequate nighttime residence. Includes those staying in temporary or emergency shelters or who are accommodated with friends or others with the understanding that shelter is being provided as a last resort. California Housing Element law, §65583(c)(1) requires all cities and counties to address the housing needs of the homeless. (See "Emergency Shelter" and "Transitional Housing. ") Hotel —A facility in which guest rooms or suites are offered to the general public for lodging with or without meals and for compensation, and where no provisions is made for cooking in any individual guest room or suite. (See "Motel.' Household — According to the U.S. Census, a household is all persons living in a dwelling unit whether or not they are related. Both a single person living in an apartment and a family living in a house are considered households. Household Income —The total income of all the people living in a household. Households are usually described as very low income, low income, moderate income, and upper income for that household size, based on their position relative to the regional median income. Housing Affordability— Based on state and federal standards, housing is affordable when the housing costs are no more than 30 percent of household income. Housing Unit —A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate Page 1 17 toilet and kitchen facilities. HUD —U.S. Department of Housing and Urban Development. Hydric Soil —A type of soil with characteristics resulting from prolonged saturation and chemically reducing conditions such as occurs under anaerobic conditions. Hydrology —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. Impact —The effect of any direct man -made actions or indirect repercussions of man -made actions on existing physical, social, or economic conditions. Implementation Measure —An action, procedure, program, or technique that carries out general plan policy. In Situ —A Latin phrase meaning "in place." Archaeologically it refers to an artifact or object being found in its original, undisturbed position. Income Categories —Four categories for classifying households according to income based on the median income for each County. The categories are as follows: Very Low (0 -50% of County median); Low (50 -80% of County median); Moderate (80 -120% of County median); and Upper (over 120% of County median). Industrial —The manufacture, production, and processing of consumer goods. Industrial is often divided into "heavy industrial' uses, such as construction yards, quarrying, and factories; and "fight industrial' uses, such as research and development and less intensive warehousing and manufacturing. Infill Development — Building on vacant and underutilized properties within existing development patterns, t�pically but not exclusively in urban areas. Infrastructure —The physical systems and services which support development and population, such as roadways, railroads, water, sewer, natural gas, electrical generation and transmission, telephone, cable television, storm drainage, and others. Intensity —A measure of the amount or level of development often expressed as the ratio of building floor area to lot area (floor area ratio) for commercial, business, and industrial development, or units per acre of land for residential development (also called "density "). Intersection —A location where two or more roads meet or cross at grade. Intertidal— Located between the low and high tide tidal extremes. Invertebrates — Animals without backbones. Issue —A problem, constraint, or opportunity requiring community action. 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. Page 1 18 Jobs /Housing Balance; Jobs /Housing Ratio —The jobs /housing ratio divides the number of jobs in an area by the number of employed residents. A ratio of 1.0 indicates a balance. A ratio greater than 1.0 indicates a net in- commute of employed persons; less than 1.0 indicates a net out - commute of employed persons. 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% area 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. Land Use —A description of how land is occupied or used. 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. Landslide —A general term for a falling or sliding mass of soil or rocks. Launching Facility —A generic term referring to any location, structures (ramps, docks) and equipment (cranes, Efts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. LCP —See Local Coastal Program. LEED Certified — A certification program, in full Leadership in Energy and Environmental Design, devised in 1994 by the U.S. Green Building Council XSGBC) to encourage sustainable practices designn and development by means of tools and criteria for performance measurement. Leeward —The direction toward which the wind is blowing. Liquefaction —A process by which water - saturated granular soils transform from a solid to a liquid state due to groundshaking. This phenomenon usually results from shaking from energy waves released in an earthquake. 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. Page 1 19 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. Littoral —Of or pertaining to a shore, especially of the sea. Liveaboard —Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of California, including permanently or on a temporary basis for a period exceeding 3 days. Local Agency Formation Commission (LAFCO) —A five or seven - member commission within each county that reviews and evaluates all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Each county's LAFCO is empowered to approve, disapprove, or conditionally approve such proposals. 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 the California CoastalAct at the local level. Local Government —Any chartered or general law city, chartered or general law county, or any city and county. Local Street —A street providing direct access to properties and designed to discourage through - traffic. 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. Longshore — Parallel to and near the shoreline. LOS —Level of Service, a descriptor of traffic operating conditions based on an intersection's volume -to- capacity ratio. Lot—The basic unit of land development. A designated parcel or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Major Arterial —A Major arterial highway is typically a six -lane divided roadway. A Major arterial is designed to accommodate 45,000 to 65,000 vehicles per day. Major arterials carry a large volume of regional through traffic not handled by the freeway system. 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 Page 1 20 providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems 5. Preserve outstanding or unique geological features 6. Provide for sustainable living marine resource harvest Marine Park —A "state marine park," is a nonterrestrial marine or estuarine area that is designated so the managing agency may provide opportunities for spiritual, 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 4. Preserve outstanding or unique geological features Marine Protected Area (MPA) —A named discrete geographic area that has been designated by law, administrative action, or voter initiative to protect or conserve marine life and habitat. Marine Reserve —A "state marine reserve," is a nonterrestrial 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 Marine Sales and Service Uses & Vessels —Uses and vessels, as well as related equipment, which provide repair, maintenance, new construction, parts and supplies, fueling, waste removal, cleaning, and related services to vessels berthed in, or visiting, Newport Harbor. Typical service uses include, but are not limited to, all uses and vessels described under Section 20.05.050 of the City of Newport Beach Municipal Code. 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. 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. Maximum Credible Earthquake (MCE) —The largest possible earthquake that could reasonably occur along recognized faults or within a particular seismic source. Page 1 21 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 semidiumal 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). Median Income —The annual income for each household size which is defined annually by the federal Department of Housing and Urban Development. Half of the households in the region have incomes above the median and half are below. Mesa —An isolated, relatively flat geograph cal feature, often demarcated by canyons (from Spanish mesa, table). MGD— Million gallons per day. Miocene —A period of geologic time spanning 27 -26 million years ago. Mitigate —To ameliorate, alleviate, or avoid to the extent reasonably feasible. Mitigation Measures — Measures imposed on a project consistent with Section 15370 of the State Guidelines for Implementation of the California EnvironmentalQuakiy Act to avoid, minimize, eliminate, or compensate for adverse impacts to the environment. Mitigation —As defined in Section 15370 of the State Guidelines for Implementation of the California EnvironmentalQualityAct, mitigation includes the following: 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." 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 Area —An area designated for a group of moorings. 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. MS4— Municipal Separate Storm Sewer Systems. MWD- Metropolitan Water District of Southern California. Page 1 22 MWDOC— Municipal Water District of Orange County National Flood Insurance Program (NFIP) —The National Flood Insurance Program, managed by FEMA, makes Federally- backed flood insurance available in communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage. 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). National Historic Preservation Act —A 1966 federal law that establishes a National Register of Historic Places and the Advisory Council on Historic Preservation, and that authorized grants -in -aid for preserving historic properties. National Register of Historic Places —The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. 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 Ecological Reserve. Newport Bay Tile terms "Newport Bay" ftrid "Newport llarhoi!" are often ttsed inteleehangeably. fef_�­Vq_ #-H- 8_11 #49-p- -Al�ftfer ftreR wifilift Ine—, N­,–, 9, ftftd wi4-,in file 16t3per Newigaff e'-wittsi-ee NMFS — National Marine Fisheries Service Noise —Any undesired audible sound. Noise Attenuation —The ability of a material, substance, or medium to reduce the noise level from one place to another or between one room and another. Noise attenuation is specified in decibels Noise Exposure Contours —Lines drawn about a noise source indicating constant energy levels of noise exposure. CNEL and Ld„ are the metrics utilized to describe community noise exposure. Noise Referral Zones —Such zones are defined as the area within the contour defining a CNEL level of 60 decibels. It is the level at which either state or federal laws and standards related to land use become important and , in some cases, preempt local laws and regulations. Any proposed noise sensitive development which may be impacted by a total noise environment of 60 dB CNEL or more should be evaluated on a project specific basis. Noise Sensitive Land Use —Those specific land uses which have associated indoor and /or outdoor human activities that may be subject to stress and /or significant interference from noise produced by community sound sources. Such human activity typically occurs daily for continuous periods of 24 hours or is of such a nature that noise is significantly disruptive to activities that occur for short Page 1 23 periods. Specifically, noise sensitive land uses include: residences of all types, hospitals, rest homes, convalescent hospitals places of worship and schools. Non - Attainment —The condition of not achieving a desired or required level of performance. Frequently used in reference to air quality. 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. 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 longshore transport or artificially by the deposition of dredged materials. NPDES — National Pollutant Discharge Elimination System. NPS— National Park Service. NPS — Nonpoint source pollution or polluted runoff. OC— Orange County. OCFCD— Orange County Flood Control District. Offer to Dedicate (OTD) —An OTD is a document, recorded against the title to a property, which is an offer of dedication to the people 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. 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. Oil Seep — Natural springs where liquid hydrocarbons (mixtures of crude oil, tar, natural gas, and water) leak out of the ground. Onshore (Inshore) —The region between the seaward edge of the foreshore and the seaward edge of the breakers or waves. 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. Open Space —Any parcel or area of land or water essentially unimproved and set aside, designated, dedicated, or reserved for public or private use or enjoyment. Ordinance —A law or regulation set forth and adopted by a governmental authority, usually a city or county. Overcrowding —As defined by the California Department of Housing and Community Page 1 24 Development, a household with greater than one person per room, excluding bathrooms, kitchens, hallways, and porches. Overlay —A land use designation on the Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. 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. Para- transit — Refers to transportation services that operate vehicles, such as buses, jitneys, taxis, and vans for senior citizens, and /or mobility - impaired. Parcel —A lot or tract of land. Parking, Shared —A public or private parking area used jointly by two or more uses. Parking Area, Public —An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation. Parking Management —An evolving TDM technique designed to obtain maximum utilization from a limited number of parking spaces. Can involve pricing and preferential treatment for HOVs, non- peak period users, and short -term users. (see "High Occupancy Vehicle" and "Transportation Demand Management.'D Parking Ratio —The number of parking spaces provided per 1,000 square of floor area, e.g., 2:1 or "two per thousand." Permit and Appeal Jurisdiction Map—A map depicting those areas where the Coastal Commission retains permit and appeal jurisdiction. Permit —Any license, certificate, approval, or other entitlement for use granted or denied by any public agency. 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. Pier, Private —A pier used for private recreational purposes by the owner(s) 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. Pier —A fixed structure extending from the shore into a body of water. 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. 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. Page 1 25 Planned Community —A large -scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association. Planning Area —The Planning Area is the land area addressed by the General Plan. Typically, the Planning Area boundary coincides with the Sphere of Influence which encompasses land both within the City limits and potentially annexable land. Planning Commission —A group of people appointed by the city council that administer planning and land use regulations for the city and provide recommendations on a wide array of land use and land use policy issues. 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. Policy — Statements guiding action and implying clear commitment found within each element of the general plan (e.g., "Provide incentives to assist in the development of affordable housing "). The words "shall," "must," "will," "is to," "ensure" and "are to" are always mandatory. "Should," "promote," "Provide," and "encourage," are not mandatory, but is recommended, and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the common meaning of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to." Pollution —The presence of matter or energy whose nature, location, or quantity produces undesired environmental effects. Pollution, Non - Point — Sources for pollution that are less definable and usually cover broad areas of land, such as agricultural land with fertilizers that are carried from the land by runoff, or automobiles. Pollution, Point —In reference to water quality, a discrete source from which pollution is generated before it enters receiving waters, such as a sewer outfall, a smokestack, or an industrial waste pipe. 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). Primary Arterial— Typically a four -lane divided roadway. A Primary arterial is designed to accommodate 30,000 to 40,000 VPD. A Primary arterial's function is similar to that of a Principal or Major arterial; the chief difference is capacity. Principal Arterial — Typically an eight -lane divided roadway. A Principal arterial is designed to accommodate 60,000 to 75,000 vehicles per day (VPD). Principal arterials carry a large volume of regional through traffic not handled by the freeway system. Program —A coordinated set of specific measures and actions (e.g., zoning, subdivision procedures, and capital expenditures) the local government intends to use in carrying out the policies of the Page 1 26 general plan Project 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). 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 View Corridors —The line of sight —as identified as to height, width, and distance —of an observer looking toward an object of significance (e.g., ocean or bay); the route that attracts the viewer's attention. 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 California Coastal Conservancy, and any development by a special district 4. All community college facilities 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. Quaternary—A period of geologic time comprising the past 2 million years; includes the Pleistocene and Holocene ages. Recreation, Active —A type of recreation or activity which requires the use of organized play areas, including, but not limited to: softball, baseball, football and soccer fields, tennis and basketball courts, and various forms of children's play equipment. Recreation, Passive —Type of recreation or activity which does not require the use of organized play areas. Redevelop —To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use. Redevelopment — Redevelopment, under the California Community Redevelopment Law, is a Page 1 27 process with the authority, scope, and financing mechanisms necessary to provide stimulus to reverse current negative business trends, remedy blight, provide job development incentives, and create a new image for a community. It provides for the planning, development, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, and the provision of public and private improvements as may be appropriate or necessary in the interest of the general welfare. In a more general sense, redevelopment is a process in which existing development and use of land is replaced with new development and /or use. Reflection — Redirection of a wave when it impinges on a steep beach, cliff or other barrier; Regional — Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and affecting a broad homogeneous area. Regional Housing Needs Assessment (RHNA) —The Regional Housing Needs Assessment (RHNA) is based on California projections of population growth and housing unit demand and assigns a share of the region's future housing need to each jurisdiction within the SCAG (Southern California Association of Governments) region. These housing need numbers serve as the basis for the update of the Housing Element in each California city and county. Regional Housing Needs Plan —A quantification by a COG or by HCD of existing and projected housing need, by household income group, for all localities within a region. Regional Park —A park typically 150 -500 acres in size focusing on activities and natural features not included in most other types of parks and often based on a specific scenic or recreational opportunity. Rehabilitation —The upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use. Research and Development Use —A use engaged in study, testing, design, analysis, and experimental development of products, processes, or services. Residential —Land designated in the City or County General Plan and zoning ordinance for buildings consisting only of dwelling units. May be improved, vacant, or unimproved. (See "Dwelling Unit.") Restoration —The replication or reconstruction of a building's original architectural features, usually describing the technique of preserving historic buildings. 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. Rezoning —An amendment to the map and /or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and /or on a designated parcel or land area. Right -of -Way —A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. 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 Page 1 28 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. 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. Riprap —A protective layer or facing of rock, concrete blocks, or quarrystone, placed to prevent erosion, scour, or sloughing of an embankment or bluff. Risk —The danger or degree of hazard or potential loss. 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 — 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. SCWC — Southern California Water Company. 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. 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. 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 Page 1 29 revetment. Second Units — Auxiliary residential units on a lot with an existing primary residential unit. Second units may lack full facilities, such as kitchens. Secondary Arterial —A four -lane roadway (often undivided). A Secondary arterial distributes traffic between local streets and Major or Primary arterials. Although some Secondary arterials serve as through routes, most provide more direct access to surrounding land uses than Principal, Major, or Primary arterials. Secondary arterials carry from 20,000 to 30,000 VPD. Section 8 Rental Assistance Program —A federal (HUD) rent- subsidy program that is one of the main sources of federal housing assistance for low- income households. The program operates by providing "housing assistance payments" to owners, developers, and public housing agencies to make up the difference between the "Fair Market Rent" of a unit (set by HUD) and the household's contribution toward the rent, which is calculated at 30 percent of the household's adjusted gross monthly income (GMI). "Section 8" includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. 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. Sediment — Grains of soil, sand, or rock that have been transported from one location and deposited at another. 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. Seismic— Caused by or subject to earthquakes or earth vibrations. 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. 3. Highly scenic areas. 4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer. 5. 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 — Includes those plant and animal species considered threatened or endangered by the U.S. Fish and Wildlife Service and /or the California Department of Fish and Game according to Section 3 of the federal Endangered Species Act. Endangered —any species in danger of extinction throughout all, or a significant portion of, its range. Threatened —a species likely to become an endangered species within the foreseeable future throughout all, or a portion of, its range. These species are periodically listed in the Federal Register Page 1 30 and are, therefore, referred to as "federally listed" species Sewer —Any pipe or conduit used to collect and carry away sewage from the generating source to a treatment plant. 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. 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. 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. 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. Significant Effect —A beneficial or detrimental impact on the environment. May include, but is not limited to, significant changes in an area's air, water, and land resources. Single - family Dwelling, Attached —A building containing two dwelling units with each unit having its own foundation on grade. Single- family Dwelling, Detached —A building containing one dwelling unit on one lot. Site —A parcel of land used or intended for one use or a group of uses and having frontage on a public or an approved private street. A lot. Site Plan —The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority. SLC —State Lands Commission Slope —Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. Slough —To erode the uppermost layer of soil, or to crumble and fall away from the face of a cliff. Solid Waste — Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing, generally disposed of in landfills or incinerated. Southern California Association of Governments (SCAG) —The Southern California Association of Governments is a regional planning agency which encompasses six counties: Imperial, Riverside, San Bernardino, Orange, Los Angeles, and Ventura. SCAG is responsible for preparation of the Regional Housing Needs Assessment (RHNA). Page 1 31 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. Special Needs Groups —Those segments of the population which have a more difficult time finding decent affordable housing due to special circumstances. Under state planning law, these special needs groups consist of the elderly, handicapped, large families, female- headed households, farmworkers and the homeless. Specific Plan —Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and /or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s). Speed, Critical —The speed that is not exceeded by 85 percent of the cars observed. Sphere of Influence (SOI) —The probable ultimate physical boundaries and service area of a local agency (city or district) as determined by the Local Agency Formation Commission (LAFCO) of the County. Spit —A small, naturally formed point of land or a narrow shoal projecting into a body of water from the shore. Standards —(1) A rule or measure establishing a level of quality or quantity that must be complied with or satisfied. The California Government Code (Section 65302) requires that General Plans describe the objectives, principles, "standards," and proposals of the General Plan. Examples of standards might include the number of acres of park land per 1,000 population that the community will attempt to acquire and improve. (2) Requirements in a zoning ordinance that govern building and development as distinguished from use restrictions; for example, site - design regulations such as lot area, height limit, frontage, landscaping, and floor area ratio. Stationary Source —A non -mobile emitter of pollution. 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. Subdivision —The division of a lot, tract or parcel of land that is the subject of an application for subdivision. Subdivision Map Act — Division 2 (Sections 66410 et seq.) of the California Government Code, this act vests in local legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. (See "Subdivision. ") Page 1 32 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). Subsidence —The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Subsidence may be caused by a variety of human and natural activities, including earthquakes. Subsidize —To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the forms of mortgage interest deductions or tax credits from federal and /or state income taxes, sale, or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. 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. 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. Surf Zone —Area between the outermost breaking waves and the limit of wave uprush Page 1 33 Surfgrass —A type of marine flowering plant that forms meadows on rocky shorelines and shallow rocky subtidal reefs. Sustainability -- Development that meets the needs of the present without unduly affecting the ability of future generations to meet their own needs. Consisting of three pillars, sustainable development seeks to achieve, in a balanced manner, economic development, social development and environmental protection 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 data, 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). 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 diurnal 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). Topography — Configuration of a surface, including its relief and the position of natural and man- made features. Page 1 34 Total Maximum Daily Load (TMDL) —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. Page 1 35 Traffic Model —A mathematical representation of traffic movement within an area or region based on observed relationships between the kind and intensity of development in specific areas. Many traffic models operate on the theory that trips are produced by persons living in residential areas and are attracted by various non - residential land uses. Transit —The conveyance of persons or goods from one place to another by means of a local, public transportation system. Transportation Demand Management (TDM) —A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and /or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number in carpools, vanpools, buses and trains, walking, and biking. TDM can be an element of TSM (see below). Transportation Systems Management (TSM) — Individual actions or comprehensive plans to reduce traffic congestion by increasing the efficiency of the transportation system itself. Examples would include improved traffic signal timing, coordination of multiple traffic signals, or spot improvements that increase capacity of the roadway system. Treatment Works —Has the same meaning as set forth in the federal mater Pollution Control Act (33 U.S.C. 1251, at seq.) and any other federal act that amends or supplements the federal Water Pollution Control Act. Trip —A one -way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one origin (often the "production end," sometimes from home, but not always), and one destination ( "attraction end "). 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. Uniform Building Code (UBC) —A standard building code which sets forth minimum standards for construction. Upcoast —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 side of a jetty, groin, or headland, reducing the amount of sediment that is available for transport further downcoast. Updtift —The direction opposite that of the predominant movement of littoral materials Page 1 64 Urban Design —The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture. Urban Open Space —The absence of buildings or development, usually in well- defined volumes, within an urban environment. USACE —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. Warehousing Use —A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive of that present hazards or conditions commonly recognized as offensive. Water Course —Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water. Water Dependent Use —Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht /sailing /boating /fishing clubs, watersports instructional and educational facilities, public and guest docking facilities, and landside support uses, dredging, marine construction, and harbor service and maintenance uses and related equipment. Water Related Use —Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and /or repair, marine- related retail sales, and marine - related industry. Water Transportation Use —This group of uses includes in- harbor and coastal /offshore ferry services, in- harbor water taxi services, docking, parking, offices, and other water and land support facilities. Water- Enhanced Use —Those waterfront or waterfront- adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water -based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. 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. Page 1 65 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. 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 -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, mudflats, 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 2. The substrate is predominantly undrained hydric soil 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 Whole System —Also known as a "Whole System Design" or "WSD" is an integrated approach to sustainable engineering which aims to increase the economic and environmental performance of a designed system throughout its fife. 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. Zoning —A police power measure, enacted primarily by units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within the same district. The zoning ordinance consists of a map and text. Zoning Code —Title 20 of the City of Newport Beach Municipal Code, as amended. Zoning District —A geographical area of a city zoned with uniform regulations and requirements Page 1 66 Zoning Map —The officially adopted zoning map of the city specifying the uses permitted within certain geographic areas of the city. Zostera Marina —See eelgrass. Page 1 67 CHAPTER 13 Implementation Program Addendum 2014 Land Use Element Amendment Retained and modified 2014 Land Use Element Amendment policies will continue to be implemented by the programs in Chapter 13 of the General Plan. The Amendment also established new policies focusing on best planning practices addressing such topics as sustainability, climate change, and healthy communities which have emerged since adoption of the 2006 General Plan. The following implementation policies are intended to implement the new policies. 32. CLIMATE ACTION PLAN Overview A Climate Action Plan (CAP) is a commonly used tool enabling local municipalities to comply with State requirements for the reduction of greenhouse gas emissions (GHG) including Executive Order S -3 -05; Assembly Bill 32, The California Global Warming Solutions Act of 2006; and Senate Bill 375. For Orange County communities, a CAP also enables local consistency with the Orange County Sustainable Communities Strategy ( OCSCS). The California Air Resources Board (CARB) established regional targets for the reduction of GHG emissions in compliance with Senate Bill 375, which are addressed in the Southern California Association of Governments' (SCAG's) SCS. As a SCAG sub - region, Orange County was permitted to prepare its own SCS, which was integrated into the broader SCAG plan. The OCSCS strategies are collectively referred to as "sustainability" strategies and include both land use and transportation improvements. Those related to land use support transit - oriented development, infill housing and mixed -use development, improved jobs- housing ratios, land use patterns that encourage the use of alternatives to single- occupant vehicles, and retention and /or development of affordable housing. While SB 375 and the OCSCS do not regulate land in Newport Beach, many of their objectives and strategies are achieved in this General Plan. Examples include the Plan's designation of properties in Newport Center, the Airport Area, Mariners' Mile, and Lido Peninsula for rr xed -use development and policies for enhanced pedestrian- oriented amenities and walkability. Additionally, the adoption of the Green Building Code, revision of Title 24, Energy Action Plan (EAP), and water conservation and waste diversion requirements are significant elements of a GHG reduction strategy. Cumulatively, these contribute to Newport Beach's compliance with mandates of the California Environmental Quality Act (CEQA), which require analysis of the General Plan's GHG emissions, malting a conclusion regarding their significance, and specification of appropriate mitigation measures to reduce these impacts. A CAP, as a supplement to a general plan, provides analyses of the GHG emissions attributable to the community; estimates of how those emissions are expected to increase to 2020 and the horizon year of the General Plan; and recommended policies and actions that can reduce GHG emissions to meet regional and state targets Programs Imp 32.1 Prepare a Climate Action Plan The General Plan's updated Land Use Element goals and policies were written in consideration of the State's climate change legislation and OCSCS. As described above, many of its goals and policies, coupled with recent regulatory changes, constitute local measures contributing to reduction of GHG emissions and can be incorporated in a CAP for Newport Beach. Additionally, analyses conducted for the Supplemental Environmental Impact Report (SEIR) can be used in describing the existing and future GHG emission inventories. A final CAP will supplement these with a description and analysis of the impacts of contributing State regulations and actions and indirect, external initiatives such as requirements for Southern California Edison for the use of alternative energy- generating systems. 33. ENERGY ACTION PLAN (EAP) Overview As discussed for the previous implementation program, the reduction of energy consumption is a major contributor to the objective of reducing GHG emissions. The Energy Action Plan (EAP) was prepared to facilitate Newport Beach's reduction of energy used in facility buildings and operations and raising the energy conservation awareness of the local community. This includes energy measures that have previously and are currently being implemented. Programs Imp 33.1 Administer the Energy Action Plan (EAP) Continue to implement the actions described in the EAP for conserving energy and reducing the carbon footprint. On development and approval of a CAP, integrate these actions and /or continue to administer independently. 34. Energy Overview Electricity in the City is provided by Southern California Edison. Gas is provided by Southern California Gas Company. In 2011, the City entered into a joint partnership with Southern California Edison (SCE) via the Orange County Cities Energy Leadership Partnership Program. The Partnership allows the City to be incentivized for electricity and natural gas saved for municipal retrofit projects and community outreach efforts and provides a performance -based opportunity for the City to demonstrate energy efficiency leadership in its community through energy saving actions, including retrofitting its municipal facilities as well as providing opportunities for constituents to take action in their homes and businesses. Programs Imp 34.1 Maintain and Implement Energy Management Plans and Encourage Conservation Information regarding the General Plan's development capacities shall be forwarded by the City to the Southern California Edison and the Southern California Gas Company as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. Required facility improvements shall be budgeted by each agency, including, where appropriate, the City's five year and annual Capital Improvement Programs. In addition, the City should encourage cooperative strategies to promote the conservation of energy. These strategies should be reviewed periodically for their effectiveness and updated in the plans to reflect best management practices. EXHIBIT B ANOMALY LOCATIONS TABLE (LU2) AND AFFECTED LAND USE MAPS The anomaly table includes updated information that reflects land use transfers approved since adoption of the 2006 General Plan. The proposed amendments that increase or decrease land use intensity and /or density, do require approval and are highlighted in yellow. Table Anomaly Number Statistical Area Land Use Designation . Development Limit (st) Development Limit (Other) Additional information 1 L4 MU -142 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -1-12 1,052,880 2.1 L4 MU -H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 46,044 Congregate care use allowed with development limit of 148,000 sf if project is tdp- neutral 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -1-12 454 - 463409 13 L4 CO -G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU -1-12 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 304 -256 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 2530226910 21 J6 CO -G 687,000 Office: 660,000 sf; Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 6400050 462 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 Ll CO -R 49484558746 35.1 Ll MU -H3 322 500 Error! No text of specified stvle in document. Table Anomaly Number Anomaly Statistical Area Land Use Designation Development Limit (st) Development Limit (Other) Additional Information 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -H3 408;084697059 40 L1 MU -H3 1,42&,6341.593,109 42295 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 631 -532 Hotel Rooms 44 Lt CR +# #,5251,636.025 4-, 80TheaterSeats(not included in total square footage) 45 Ll CO -G 162,364 46 Lt MU -H3 1PR 3,725 247 Tennis Courts and 27 Hotel Rooms (not included In total square ntial permitted in accordance with M Residential Lo MIA e M 47 L1 CG 105,000 48 L1 MU -H3 3377261-95 550 524 Dwelling Units Residential permitted in accordance with MU -H3. 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 J1 CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross Floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247,402 144 Dwelling Units (included in total square footage) 60 N CV 2;669;8091,659.000 244 149 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 6690065 634 64 M3 CN 7400872143 65 M5 CN 80,000 66 J2 CN -1- 3 122986 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO -G 11,630 ©Newport Beach General Plan Error! No text of specified stvle in document. Table Anomaly Anomaly Statistical Land Use Development Number Area Designation Limit (st) Development Limit (Other) Additional Information 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 56,000 City Hall, and the administrative offices 75 L1 PF of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 157 Hotel Rooms (included in total 77 H4 CV 240,000 square footage) 78 B5 CM 139,840 Development limit of 19,905 sci t. 79 H4 CG 0,310.5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design 80 Reserved 81 Reserved 82 N CN 103912 83 Residential must he located outside the L4 — MU -H2 0.5 FAR 65 CNEL AELUP noise contour Rectorial Office: 500,000 sf CO -R, CO -M, 500 Dwelling Units (not included in Regional Commercial 50,000 sf 84 L1 550,000 Allowed in Statistical Area L1 in addition CR, MU=H3 total square foota(le) to other development limits Newport Beach General Plan FARAD ST ti N Y Existing: O i D U Proposed: I' —1 16TH ST W � BOG I s \ `�9 Ile CO -M PRODUCTION PL RM PF i CO -M i r e °moo �P 15TH ST W ,`4 BLUEFIN CT / , PF �SHELLPRINT CT � v Rq HAVYARD M� vm �a p9 �qV m � aO r FVPOSa`� �O ti OQ. 4 y 11 HOSPITAL RD HOSPITAL RD O HOSPITAL ID RD p N MC NBIL e oho m X00 Feel NOS 0 Map Reference 1 1526 Placentia Ave (King's Liquor) City of Newport Beach GIS Division July 10, 2014 Map_I CCKings_Llquo—d RO 6 %0 CH 9� • Fy,TF H J ryT �� P P J� 110 H O <i 9 v BT H T S,T / I / /• PF 9 / BBiF Qq �9y SR O ST • n.. _ _., n0. • HS T / / 00, sT e 0 ee 0 CN r P 1 " ?) 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July 10, 2014 Map_II CC_Gareway_Park —d 0 yhsE ?, OyO O,L PpQ: aE e t Fm RS -D SFRaR, RS -D �R> +wRq R r Cv fI MU -H3 /PR o � 9S1 ,h 4F -D RS -D . �' +E CO -G R&-D o E <r> Eym s oS'= h E �` y '� o yes sao `Eh RM 9F H -EQR Feet OS ' O! /\ rL /\ as 7777�� WIT-11 zk\s 37 36 Map Reference 18 100 Newport Center Dr MU -H3 a) CO -M a) �3P / 1W 0 J cur T /� 3P S /WY 4 e S" �w R RS -D r� ow Z U S9 <y 1R /v0 t y R O Eh yR�R 2` mip YIFIEOR O. M r'.. City of Newport Beach GIS MAW. July 11, 2014 OS i OS �3P / 1W 0 J cur T /� 3P S /WY 4 e S" �w R RS -D r� ow Z U S9 <y 1R /v0 t y R O Eh yR�R 2` mip YIFIEOR O. M r'.. City of Newport Beach GIS MAW. July 11, 2014 EXHIBIT C FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 201 31 01 064) CEQA FINDINGS OF FACT REGARDING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT of Newport Beach STATE CLEARINGHOUSE NO. 2013101064 INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. General Plan Land Use Element Amendment CEQA Findings of Fact t - M A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta 11).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001 [ "an alternative 'may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record "'].) An alternative may also be rejected because it "would not 'entirely fulfill' [a] project objective." Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 314 -315.) "[F]easibility" under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable' its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta 11, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: (a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, independently reviewed, and considered the Draft Supplemental Environmental Impact Report (Draft SEIR) and the Final Supplemental Environmental Impact Report (Final SEIR) for the General Plan Land Use Element Amendment project, SCH No. 2013101064 (collectively, the SEIR), as well as all other information in the record of proceedings on this matter, the following Findings and Facts General Plan Land Use Element Amendment CEQA Findings of Fact - 2 - in Support of Findings (Findings) and Statement of Overriding Considerations (SOC) are hereby adopted by the City of Newport Beach (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Land Use Element Amendments. This action includes the approval of the following for the General Plan Land Use Element Amendment: ■ Supplemental Environmental Impact Report SCH No. 2013101064 A. Document Format These Findings have been organized into the following sections: 1) Section 1 provides an introduction. 2) Section 2 provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. 3) Section 3 provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section 4 sets forth findings regarding the environmental impacts that were determined to be —as a result of the Initial Study, Notice of Preparation (NOP), and consideration of comments received during the NOP comment period— either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed General Plan Land Use Element Amendments. 5) Section 5 sets forth findings regarding significant or potentially significant environmental impacts identified in the Draft SEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of Project Design Features, standard conditions, and /or mitigation measures. In order to ensure compliance and implementation, all of these measures will be included in the Mitigation Monitoring and Reporting Program (MMRP) for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to Project Design Features and standard conditions, these findings specify how those impacts were reduced to an acceptable level. Section 5 also includes findings regarding those significant or potentially significant environmental impacts identified in the Draft SEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section 6 sets forth findings regarding alternatives to the proposed project. B. Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: • The NOP and all other public notices issued by the City in conjunction with the proposed project • The Draft SEIR for the proposed project • The Final SEIR for the proposed project • All written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR General Plan Land Use Element Amendment CEQA Findings of Fact - 3 - ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft SEIR and Final SEIR ■ The Resolutions adopted by the City of Newport Beach in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Newport Beach, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Newport Beach Community Development Department. The custodian for these documents is the City of Newport Beach. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. Custodian and Location Of Records The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Newport Beach Community Development Department, 100 Civic Center Drive, Newport Beach, California 92660. The City's Community Development Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Community Development Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e). II. PROJECT SUMMARY A. Project Location Located on the southwestern boundary of Orange County, the City of Newport Beach is approximately 40 miles southeast of downtown Los Angeles and 10 miles southwest of Irvine. The surrounding cities include Costa Mesa to the north, Huntington Beach to the northwest, Irvine to the northeast, and unincorporated areas of Orange County to the southeast. The Pacific Ocean abuts the City's entire southwestern boundary. Regional access to the City is provided by Interstate 405 (1 -405) and State Route 55 (SR -55), which both run north to south through Orange County. SR -55 ends in the City of Costa Mesa, just north of Newport Beach. In addition, State Route 73 (SR -73) runs along the northwestern boundary of the City and connects with Interstate 5 (1 -5) just south of Newport Beach in Laguna Beach. Highway 1 also provides access to the City since it runs along the entire California coast. General Plan Land Use Element Amendment CEQA Findings of Fact - 4 - B. City Council Proposed Project The 2006 City of Newport Beach General Plan includes ten elements: Land Use, Harbor and Bay, Housing, Historical Resources, Circulation, Recreation, Arts and Cultural, Natural Resources, Safety, and Noise. The proposed project is an amendment to the Land Use Element (LUE) (also referred to as the Amendment or Project). The amendment is intended to shape future development in the City and involves the alteration, intensification, and redistribution of land uses in certain subareas of the City, including major areas such as Newport Center /Fashion Island, Newport Coast, and the Airport Area near John Wayne Airport. The City Council considered the project on July 8, 2014 and modified the project that was analyzed in the draft SEIR. The proposed land use map designation changes include increases and /or reductions in development capacity in various subareas. The proposed land use changes are summarized below and analyzed in further detail in a memorandum prepared by the project's environmental consultant, PlaceWorks (see Attachment CC1, Exhibit C, Environmental Summary Regarding Proposed City Council Changes to the General Plan Land Use Element Amendment (per City Council Public Hearing, July 8, 2014). The memorandum was prepared to determine whether potential environmental impacts of the Land Use Element Amendment as revised by the City Council would be within the scope of the Final EIR as publicly reviewed and presented to the Council. Specific subareas proposed for change are: • Airport Area Saunders Properties LAP Companies • Newport Coast Area • Newport Coast Hotel • Newport Ridge • Newport Coast Center ■ Newport Center /Fashion Island • Newport Center /Fashion Island • 100 Newport Center Drive ■ Bayside Center ■ The Bluffs ■ Gateway Park ■ Westcliff Plaza ■ 1526 Placentia Avenue (Kings Liquor) The City Council modified the project as follows • Area 2, 813 East Balboa Boulevard (eliminate this land use change as proposed from Two -Unit Residential (RT) to Mixed Use Vertical [MU -V], allowing 0.75 FAR) • Area 4, Airport Area: 4A (Saunders Properties) — eliminate the increase in commercial square footage ( +238,077 SF) and provision for residential units ( +329 units). Change the land use designation from Airport Office and Supporting Uses (AO) to Mixed Use Horizontal (MU -1­12). This site would not be granted additional entitlement for commercial or residential uses, but would become eligible to apply for residential units (capped at 2,200 for the Airport Area) under the MU- H2 designation. • 4B (The Hangars)— eliminate this land use change proposing increased development capacity of 11,800 SF Retail General Plan Land Use Element Amendment CEQA Findings of Fact -5 - • 4C (Lyon Companies) — eliminate this land use change proposing increased development capacity of 85,000 SF Retail, 850 Replacement Units, and 150 hotel rooms • Area 17, 150 Newport Center Drive (eliminate land use change allowing development of 125 hotel rooms) The General Plan Land Use Element Amendment also includes new and modified Land Use Element policies related to land use changes, in support of recent Neighborhood Revitalization efforts, and, as appropriate, updates /refinements to policies. Some of the policies apply City -wide and others are community specific. Subsequent amendments to the Newport Beach Coastal Land Use Plan (LUP), the Newport Coast Local Coastal Program (LCP), and Zoning Code and Map will be necessary to reflect the amendment to the General Plan LUE. The memorandum concluded that in comparison to the project description as analyzed in the Final SEIR, City Council changes would result in reduced or similar impacts for all environmental topics. Further, the changes would be within the scope of the analyzed project, no new significant impacts would occur, and the revisions would not trigger recirculation of the Draft SEIR in accordance with the criteria in CEQA Guidelines Section 15088.5 C. Discretionary Actions Implementation of the project within the City of Newport Beach will require several actions by the City, including ■ Supplemental Environmental Impact Report SCH #201 31 01 064. Certification of the Supplemental Environmental Impact Report (SEIR) evaluating the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Sections 21000 et sec.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Sections 15000 et sec.). ■ Adoption of the LUE Amendments and updated zoning code and Coastal Plan amendments to ensure consistency. The Final SEIR provided environmental information to responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City of Newport Beach as a part of project implementation. These agencies include, but are not limited to: ■ Airport Land Use Commission of Orange County (ALUC). The project is within the boundaries of the Airport Environs Land Use Plan (AELUP). The overseeing agency, ALUC, must review the proposed project and determine its consistency with the AELUP. The ALUC considered the project at its April 17, 2014, public meeting and voted to find the project inconsistent with the Commission's AELUP. Approval of the project would require the Newport Beach City Council to override this determination with a two - thirds vote. ■ California Coastal Commission (CCC). The project would change land use designations in areas of the City that are within the Newport Beach Coastal Land Use Plan. Designations under the Coastal Land Use Plan take precedent over any provisions in the City's General Plan, zoning, or other ordinances. Thus, the CCC must review the proposed project and certify an amendment to the Coastal Land Use Plan in order to maintain land use designation consistency. D. Statement of Project Objectives The statement of objectives sought by the project and set forth in the Final SEIR is provided as follows: General Plan Land Use Element Amendment CEQA Findings of Fact - 6 - 1. Preserve and enhance Newport Beach's character as a beautiful, unique residential community. 2. Reflect a conservative growth strategy that a. Balances needs for housing, jobs and services. b. Limits land use changes to a very small amount of the City's land area. c. Directs land use changes to areas where residents have expressed a willingness to consider change and where sustainable development can occur. d. Protects natural resources, open space, and recreational opportunities. 3. Protect and enhance water quality. 4. Protect and enhance recreational opportunities and public access to open space and natural resources. 5. Modify land uses, densities, and intensities so that traffic generation is controlled. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION In conformance with CEQA, the State CEQA Guidelines, and the City of Newport Beach CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Newport Beach determined that an SEIR would be required for the proposed project and issued a Notice of Preparation (NOP) and Initial Study on October 22, 2013. The NOP was sent to all responsible agencies, trustee agencies, and the Office of Planning Research and posted at the Orange County Clerk- Recorder's office and on the City's website on October 22, 2013. The 30 -day public review period extended from October 22, 2013, to November 21, 2013. ■ Based upon the Initial Study and Environmental Checklist Form, the City of Newport Beach staff determined that a Draft Supplemental EIR (Draft SEIR) to the 2006 General Plan EIR should be prepared for the proposed project. (Pub. Resources Code, § 21166; CEQA Guidelines, §§ 15162- 15163.) A scoping meeting was held during the NOP review period to solicit additional suggestions on the scope of the Draft SEIR. Attendees were provided an opportunity to identify verbally or in writing the issues they felt should be addressed in the Draft SEIR. The scoping meeting was held on Tuesday, November 5, 2013, of the Newport Beach Central Library at 1000 Avocado Avenue, Newport Beach, CA 92660. The notice of the public scoping meeting was included in the NOR • The scope of the Draft SEIR was determined based on the City's Initial Study, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City on November 5, 2013. Section 2.3 of the Draft SEIR describes the issues identified for analysis in the Draft SEIR. • The City of Newport Beach prepared a Draft SEIR, which was made available for a 45 -day public review period beginning March 17, 2014, and ending April 30, 2014. The Draft SEIR consists of three volumes: Volume I contains the text of the Draft SEIR and analysis of the General Plan Land Use Element Amendment project and Appendix A, Initial Study and Notice of Preparation. Volume II contains Appendices B through I. In addition, a continuation of the full appendices was provided in two separate binders, Full Appendices — Part 1 and Part 2. The Notice of Availability (NOA) for the Draft SEIR was sent to all interested persons, agencies and organizations. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk- Recorder's office on March 17, 2014. Copies of the Draft SEIR were made available for public review at the City of Newport Beach Community Development Department, Newport Beach Central Library, Newport Beach Balboa Branch General Plan Land Use Element Amendment CEQA Findings of Fact - 7 - Library, Newport Beach Mariners Branch Library, and Newport Beach Corona del Mar Branch Library. The Draft SEIR was made available for download via the City's website: http://www.newportbeachca.gov. Two study sessions were held by the Planning Commission on May 8, 2014 and May 22, 2014 in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. Notices of time, place, and purpose of the aforesaid meetings were provided in accordance with CEQA and the City's Municipal Code. The draft General Plan Land Use Element Amendment, findings of the Draft SEIR, project alternatives, general topics of public review comments received, staff report, and evidence, both written and oral, were presented to the Planning Commission at these study sessions. Additionally, the items appeared on the agenda for these study sessions, which was posted at City Hall and on the City's website. Preparation of the Final SEIR includes comments on the Draft SEIR, responses to those comments, clarifications /revisions to the Draft SEIR, and appended documents. The Final SEIR was released on May 30, 2014 and posted on the City's website. A Planning Commission Public Hearing was held on June 5, 2014 in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of time, place, and purpose of the aforesaid meeting was provided in accordance with CEQA and the City's Municipal Code. The Draft and Final SEIR, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing. Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with the proposed Land Use Element Amendment), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Public Hearing was a one - eighth page display ad in the May 24, 2014, Daily Pilot. Additionally, notices were mailed to over 1,500 affected property owners which included property owners, and property owners within 300 feet of properties designated for amendment; HOAs and interested parties; and subscribers to the City's Select Alert/Newsplash System. The mailing and notifications occurred at a minimum 10 days in advance of the meeting, consistent with the provisions of the City of Newport Beach Municipal Code. The environmental review process has also been consistent with the California Environmental Quality Act. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. • In compliance with Section 15088(b) of Title 14 of the California Code of Regulations (State CEQA Guidelines), the City has met its obligation to provide written Responses to Comments to public agencies at least 10 days prior to certifying the Final SEIR. • The City Council public hearing was held on July 8, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the City's Municipal Code. The Final SEIR, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this hearing. Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with the proposed Land Use Element Amendment), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Public Hearing was a one - eighth page display ad in the Daily Pilot. Additionally, notices were mailed to over 1,500 affected property owners which included property owners, and property owners within 300 feet of properties designated for amendment; HOAs and interested parties; and subscribers to the City's Select Alert/Newsplash System. The mailing and notifications occurred at a minimum 10 days in General Plan Land Use Element Amendment CEQA Findings of Fact - 8 - advance of the meeting, consistent with the provisions of the City of Newport Beach Municipal Code. The environmental review process has also been consistent with the California Environmental Quality Act. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Section 15088.5 of the CEQA Guidelines states that an EIR would require recirculation if "significant new information" is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification. "Significant new information" requiring EIR recirculation includes: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described above, environmental impacts associated with the proposed City Council changes would be reduced or similar to impacts under the proposed General Plan Land Use Element Amendment SEIR. Thus, impacts associated with the proposed City Council changes are within the scope of the SEIR and no new significant environmental impacts would result. Therefore, the proposed City Council changes do not meet the conditions for EIR recirculation per Section 15088.5 of the CEQA Guidelines and no changes to the analysis contained in the SEIR are required. IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. Impacts Determined To Be Less Than Significant in the Initial Study As a result of the project scoping process including the NOP circulated by the City on October 22, 2013, in connection with preparation of the Draft SEIR, the preparation of the Initial Study, and the Public Scoping meeting, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues, and therefore, determined that these potential environmental issues would not be addressed in the Draft SEIR. Based upon the environmental analysis presented in the Draft SEIR, and the comments received by the public on the Draft SEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Aesthetics: The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, or create a new source of substantial light or glare. (b) Agriculture and Forestry Resources: The project area does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No portion of the project area is covered by a Williamson Act Contract. Additionally, the project site does not include forest resources, including timberlands, and is not zoned for agriculture. (c) Air Quality: The project would not create objectionable odors affecting a substantial number of people. General Plan Land Use Element Amendment CEQA Findings of Fact 9 - (d) Biological Resources: The project would not have a substantial adverse effect on any sensitive species, riparian habitats or other sensitive natural communities, or federally protected wetlands. It would not interfere with the movement of native resident or migratory wildlife species, impede wildlife nursery sites, conflict with local policies protecting biological resources (e.g., tree preservation policy), or conflict with provisions of an adopted local, regional, or state habitat conservation plan. (e) Cultural Resources: The project would not impact historic resources or disturb any known human remains. (f) Geology and Soils: The project would not expose people or structure to potential substantial adverse effects involving rupture of a known earthquake fault as delineated on the most recent Alquist - Priolo Earthquake Zoning Map or based on other substantial evidence of a known fault, or expose people or structures to landslides. It would not have any significant impacts related to rupture of a known earthquake fault, strong seismic ground shaking, seismic - related ground failure (e.g., liquefaction), landslides, soil erosion, or soil subsidence. The proposed project would not use septic systems or alternative waste water disposal systems. (g) Hazards and Hazardous Materials: The project would not create a significant hazard to the public or environment through transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions. The project also would not handle or operate hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. It would not be located near the vicinity of a private airstrip, impair implementation of an adopted emergency response /evacuation plan, or expose people to wildland fire hazards. (h) Hydrology and Water Quality: The project would not violate water quality standards or waste discharge requirements, substantially deplete groundwater supplies or interfere with recharge, alter existing drainage patterns causing erosion or flooding, add substantial sources of polluted runoff, or otherwise degrade water quality. The project would not place housing or structures within a 100 -year flood hazard area, or expose people or structures to flood hazards or inundation by seiche, tsunami, or mudflow. (i) Land Use and Planning: The project would not divide an established business community or conflict with any applicable habitat conservation plan or natural community conservation plan. Q) Mineral Resources: The project would not result in the loss of availability of a known mineral resource or locally important mineral resource recovery site. (k) Noise and Vibration: The project traffic would not be located within the vicinity of a private airstrip. (1) Population and Housing: The project would not displace any housing or people. (m) Public Services: The project would not create significant impacts related to other public facilities aside from fire, police, schools, and parks. (n) Recreation: The project would meet the City's parkland dedication requirements, and physical impacts to recreational and park spaces would not be significant. (o) Transportation and Traffic: The project would not result in a change in air traffic patterns, substantially increase hazards due to design features or incompatible uses, or result in inadequate emergency access. (p) Utilities and Service Systems: The project would not exceed waste water treatment requirements of Santa Ana Regional Water Quality Control Board. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft SEIR. General Plan Land Use Element Amendment CEQA Findings of Fact _10- B. Impacts Determined To Be Less Than Significant in the Draft SEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project- specific mitigation measures. This determination, however, does assume compliance with Existing Regulations and relevant General Plan policies as detailed in each respective topical section of Chapter 5 in the Draft SEIR. (a) Aesthetics: The project would not have a substantial adverse effect on scenic vistas or degrade the existing visual character or quality of the area. (b) Air Quality: Similar to the 2006 General Plan, the project would not be consistent with the applicable air quality management plan, and would generate short-term emissions and criteria air pollutant emissions in exceedance of SCAQMD's threshold criteria. However, the incremental change associated with the project would be less than significant. (c) Cultural Resources: The project would not adversely affect archaeological or paleontological resources. (d) Greenhouse Gas Emissions: The project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. (e) Hazards and Hazardous Materials: The project would not be located on a site included on a list of hazardous materials, result in a safety hazard for people residing or working in the project area per the Airport Environs Land Use Plan for John Wayne Airport, or expose people or structures to significant hazards from wildland fires. (f) Hydrology and Water Quality: The project would not violate any water quality standards or waste discharge requirements, or otherwise substantially degrade water quality. (g) Land Use and Planning: The project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. (h) Noise and Vibration: The project traffic would not expose persons to or generate noise levels in excess of standards established by the City, increase permanent or temporary ambient noise levels, or cause a substantial increase in noise levels due to proximity to the John Wayne Airport. (i) Public Services: The project would not create significant impacts related to fire protection, police protection, school, or park services. Q) Transportation and Traffic: The project would not conflict with an applicable congestion management program or conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. (k) Utilities and Service Systems: Project - generated wastewater would not exceed the capacity of existing sewer pipelines and treatment plants; the project would be adequately served by existing water supply and delivery systems; stormwater flow would be adequately served by existing drainage systems; the Frank R. Bowerman, Olinda Alpha, and Prima Deshecha landfills would have sufficient capacity to accommodate project - generated solid waste; and the project demand for electricity and natural gas would be nominal. V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the Draft SEIR, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures (together referred herein as the Mitigation Program), General Plan Land Use Element Amendment CEQA Findings of Fact li - some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1) —that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the City has determined — pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2) —that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and /or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3" A. Impacts Mitigated To Less Than Significant The following summary describes impacts of the proposed project and the project proposed by the City Council that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft SEIR, the impacts would be considered less than significant. 1. Air Quality Environmental Impact: Placement of new residents and other sensitive land uses proximate to State Route 73 and major stationary source emitters in the Airport Area would expose sensitive receptors to substantial pollutant concentrations. Finding 1 – Mitigation Measure AQ -1 would reduce pollutant concentration impacts to sensitive receptors. Thereby, the City makes Finding 1, and impacts are mitigated to less than significant levels. Facts in Support of Finding Mitigation measure AQ -1 would require project applicants for sensitive land uses to prepare a health risk assessment (HRA) to the City prior to future discretionary project approval. The HRA would indicate any potential health risks (e.g., cancer risks, air quality) on the project site and provide mitigation measures, which would be incorporated into the development plan as a component of the proposed project. Thus, future sensitive land use developments near State Route 73 and major stationary source emitters in the Airport Area would be protected from potential health risks. Impacts would be less than significant. City Council Proposed Project The proposed City Council changes would substantially reduce development intensity changes in comparison to the proposed General Plan LUE Amendment as analyzed in the SEIR. The elimination of additional housing units, hotel rooms, and square feet of commercial use would reduce criteria air pollutants generated by transportation, energy, and area sources in the City. The substantial reduction of land use changes in the Airport Area would reduce the sensitive land uses (residential) that would be introduced proximate to major sources of air pollution (State Route 73 and Airport Area industrial sources). As with the proposed project, this impact would be mitigated to less than significant. Mitigation Measures The following mitigation measure was included in the Draft and Final SEIR, and is applicable to the proposed project and the project proposed by City Council. General Plan Land Use Element Amendment CEQA Findings of Fact -12- AQ -1 The City of Newport Beach shall evaluate new development proposals for sensitive land uses (e.g., residential, schools, day care centers) within the City for potential incompatibilities with regard to the California Air Resources Board's Air Quality and Land Use Handbook: A Community Health Perspective (2005). Applicants for sensitive land uses that are within the recommended buffer distances shall submit a health risk assessment (HRA) to the City of Newport Beach prior to future discretionary project approval. The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment ( OEHHA) and the South Coast Air Quality Management District. The latest OEHHA guidelines shall be used for the analysis, including age sensitivity factors, breathing rates, and body weights appropriate for children age 0 to 6 years. If the HRA shows that the incremental cancer risk exceeds ten in one million (10E -06), the appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard exceeds 2.5 ug /m3, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer, noncancer, and ambient air quality risks to an acceptable level (i.e., below ten in one million, a hazard index of 1.0, or particulate matter concentrations exceed 2.5 pg /m), including appropriate enforcement mechanisms. Measures to reduce risk may include but are not limited to: • Air intakes away from high - volume roadways and /or truck loading zones. Heating, ventilation, and air conditioning systems of the buildings provided with appropriately sized maximum efficiency rating value (MERV) filters. Mitigation measures identified in the HRA shall be identified as mitigation measures in the environmental document and /or incorporated into the site development plan as a component of the proposed project. The air intake design and MERV filter requirements shall be noted and /or reflected on all building plans submitted to the City and shall be verified by the City's Planning Department. Citv of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to air quality that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to future development proposed under the amended LUE during the discretionary approval process for those projects (site development review, tentative tract map, etc.), subsequent design, and /or construction process. B. Significant Unavoidable Adverse Impacts The following summary describes the significant, unavoidable adverse impacts of the proposed project and the project proposed by City Council: 1. Greenhouse Gas Emissions Environmental Impact: Although compared to the 2006 General Plan, the proposed project would achieve South Coast Air Quality Management District's efficiency metric by decreasing GHG emissions on a per capita basis, similar to impacts under the 2006 General Plan EIR, the City would not achieve the long -term GHG reductions goals under Executive Order S -03 -05 if the proposed project were implemented. Finding 3 —The City hereby makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. General Plan Land Use Element Amendment CEQA Findings of Fact -13- Facts in Support of Finding The draft SEIR concluded that the project would result in a substantial increase in the total magnitude of GHG emissions emitted Citywide from those originally identified as part of the 2006 General Plan EIR, but would decrease GHG emissions on a per capita basis due to increased plan efficiency, including locating housing to employment centers. City Council Proposed Proiect Development intensity in the City would be reduced by eliminating a substantial amount of proposed residential, hotel, and retail development in the Airport Area and at 150 Newport Center Drive. Thus, greenhouse gas emissions would be reduced under the proposed City Council changes; however, the significant and unavoidable GHG impact related to reducing GHG emissions to 80 percent of 1990 levels by 2050 (Executive Order S- 03 -05) would remain. Although the General Plan LUE Amendment incorporates planning measures and policies to minimize GHG emissions, additional statewide measures would be necessary to reduce GHG emissions under the proposed project to meet the long -term GHG reduction goals under Executive Order S- 03 -05, which identified a goal to reduce GHG emissions to 80 percent of 1990 levels by 2050. At this time, there is no plan past 2020 that achieves the long -term GHG reduction goal established under Executive Order S -03- 05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, the impact is significant and unavoidable and would require a Statement of Overriding Considerations. Citv of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to greenhouse gas emissions that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to future development proposed under the amended LUE during the discretionary approval process for those projects (site development review, tentative tract map, etc.), subsequent design, and /or construction process. 2. Noise and Vibration Environmental Impact: Construction activities as a result of higher development intensity would have the potential to result in substantial vibration impacts to uses adjacent to the sites identified for changes in land uses and intensities. Finding 3 — The City hereby makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding New development in accordance with the proposed project would increase groundborne vibration related to construction activities. Grading and demolition activities typically generate the highest vibration levels during construction activities. In particular, pile driving and rock blasting can generate high levels in excess of 100 PPV at 25 feet away. Typical construction projects do not require these methods, or if necessary, can usually be mitigated with alternative methods such as non - explosive rock breaking (instead of rock blasting) and drilled piles (instead of impact pile driving), which do not exceed the thresholds for architectural damage, and do not reach levels that are considered annoying at distances greater than 200 feet. However, since construction equipment for subsequent projects are unknown as of now, there would be no feasible mitigation available to eliminate potential vibration impacts if receptors are located in close proximity and pile driving /rock blasting equipment or other activities that generate high levels are necessary for future developments. Furthermore, intensification of land uses at some of the proposed project's subareas could result in vibration impacts greater than the 2006 General Plan. Therefore, this impact is significant and unavoidable. General Plan Land Use Element Amendment CEQA Findings of Fact -14- Citv Council Proposed Proiect Eliminating a majority of the proposed land use changes to the Airport Area would reduce the number of new sensitive uses to the subarea, and also reduce potential noise compatibility impacts. The redesignation of the Saunders Properties from AO to MU -H2 would make this property eligible for residential development (up to 1,650 replacement units within the overall MU -H2 designation). As with the analysis in the SEIR, therefore, this site would be subject to compliance with the AELUP and residential development would be restricted to portions of the site outside of the airport's 65 dBA CNEL noise contour. The City Council also proposes to exclude 125 hotel rooms proposed at 150 Newport Center Drive from the project, which would reduce vehicular traffic noise in the Newport Center /Fashion Island area. Therefore, short- and long -term noise impacts (i.e., construction and operations) would be reduced and would remain less than significant. Construction vibration impacts related to the LUE Amendment, although reduced, would remain significant and unavoidable and would require a Statement of Overriding Considerations. City of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to noise and vibration that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to future development proposed under the amended LUE during the discretionary approval process for those projects (site development review, tentative tract map, etc.), subsequent design, and /or construction process. 3. Population and Housing Environmental Impact: Buildout of the General Plan LUE Amendment would directly result in an estimated population increase of up to 3,532 persons in comparison to buildout of the 2006 General Plan (approximately 3.4 percent increase). This increase would exceed the 2035 SCAG population projections for the City by almost 18 percent, but slightly improve the jobs- housing balance. Finding 3 — The City hereby makes Finding 3 for both the General Plan LUE Amendment and proposed City Council changes, and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding The incremental change between buildout of the 2006 General Plan and the proposed General Plan LUE Amendment is an additional 3,532 persons, which totals to a population of 105,891 by 2035. This exceeds the 2035 Southern California Association of Governments population projection for Newport Beach of 90,030 by 15,861 persons (approximately 18 percent). There are no feasible mitigation measures to reduce population growth. Thus, the impact would be significant and unavoidable and would require a Statement of Overriding Considerations. City Council Proposed Proiect In comparison to the proposed project, the proposed elimination of the majority of Airport Area changes would reduce the number of housing units. Based on the City -wide household size of 2.22, this would generate an estimated additional 306 persons in the City, compared to 3,838 persons under the proposed project analyzed in the SEIR. The proposed City Council changes would also reduce retail development capacity and hotel rooms. Compared to the proposed project, this would slightly increase the existing jobs- housing balance City -wide. Increasing the jobs- housing would be a negative impact in comparison to the project as analyzed in the SEIR, because the City is already jobs -rich. Overall, the population growth impact would be slightly reduced in comparison to the proposed project, but the jobs- housing balance impact would be greater. Impacts would therefore be considered similar to General Plan Land Use Element Amendment CEQA Findings of Fact 15 - the analyzed project. Further, as with the analyzed project, population growth impacts would remain significant because the population increase would still exceed the 2035 SCAG population projection for the City. 4. Traffic and Transportation Environmental Impact: Vehicular traffic from the proposed project in conjunction with the amendment of the Airport Settlement Agreement could result in significant impacts at study -area intersections. Findings 2 & 3 — This impact has been determined to be potentially significant and unavoidable pending the results of the JWA Airport Settlement Agreement extension. It is not possible at the time of the Final SEIR to know the probable cumulative impacts of the proposed project in combination of possible impacts of the Airport Settlement Agreement because the terms of any potential extension of the Agreement are not yet known. The County has only released a Draft EIR of the proposed extension and alternatives to the extension for review and comment. The City therefore hereby makes Finding 2 to address potential traffic impacts that could be the responsibility of another jurisdiction (e.g., cumulative impacts on intersections /roadways within Cities of Irvine, Costa Mesa, or on Caltrans facilities). The City hereby also makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding The Airport Settlement Agreement NOP was released to the public in October 2013 and the Draft EIR was released May 23, 2014 after preparation of the Draft SEIR for the General Plan LUE Amendment. The EIR analysis for the amendment of the Airport Settlement Agreement had therefore not been released for public review at the time of the Draft SEIR. Therefore, it was not possible to identify with precision all potential cumulative environmental impacts of the proposed project and Airport Settlement Agreement as they relate to traffic. At the time of the writing of these Findings, no feasible mitigation measures can be identified to reduce significant impacts at potentially affected intersections. Vehicular traffic from the proposed General Plan LUE Amendment in conjunction with cumulative traffic would result in significant impacts to the following freeway main line segments: SB 1 -405, North of SR -55 Freeway NB SR -73, North of Jamboree Road NB SR -55, Dyer Road to MacArthur Boulevard NB SR -55, MacArthur Boulevard to 1 -405 Freeway NB SR-55,1405 Freeway to SR -73 NB SR -55, SR -73 Freeway to Mesa Drive And the following freeway ramps: 1 -405, SB Loop Off -Ramp at MacArthur Boulevard 1405, NB Off Ramp at MacArthur Boulevard Finding 2 — The City hereby makes Finding 2. Changes or alterations that could mitigate this impact are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Therefore, this impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. General Plan Land Use Element Amendment CEQA Findings of Fact -16- Facts in Support of Finding Caltrans has not adopted a fee program that can ensure that locally contributed impact fees will be tied to improvements to freeway main lines and ramps, and only Caltrans has jurisdiction over freeway main line and ramp improvements. No feasible mitigation measures that can be implemented by the City of Newport Beach have been identified. City Council Proposed Proiect In comparison to buildout of the 2006 General Plan, the LUE Amendment as proposed to be amended by City Council would result in a decrease of 2,922 average daily trips (ADT). This estimate of -2,922 ADT is a decrease in total trip generation from the proposed project (which would result in an increase of 8,537 ADT in comparison to the 2006 GP), and has similar ADT generation as the No Airport Area Alternative (- 2,234 ADT). See Table 1. Table 1 Average Daily Trips Comparison Source: Urban Crossroads 2014. As described in the Urban Crossroads memorandum comparing traffic impacts of the City Council proposed project to the SEIR analyzed project (see attachment to PlaceWorks memorandum, July 16, 2014), the same intersection and freeway system impacts analyzed for the No Airport Alternative —six freeway mainline segments and one freeway ramp location —would be anticipated under the proposed City Council scenario. The significant impact to the 1 -405 NB off -ramp at MacArthur Boulevard would be eliminated under the City Council proposed project. Furthermore, although not required to mitigate CEQA identified traffic impacts, the City Council proposes new policies related to transportation management in Corona del Mar and Newport Center. LU 7.13.11 would require implementation of a Corona del Mar (CDM) traffic by -pass plan to divert traffic and limit congestion in the CDM area. LU 7.13.12 requires the City to coordinate with the Orange County Transportation Authority and Newport Center stakeholders to increase use of the Newport Center Transportation Center, and to support the Newport Center Transportation Demand Management Program. Overall, the land use changes proposed by the City Council would reduce ADT, and the new policies related to CDM traffic and the Newport Center Transportation Center would further supplement a reduction in traffic impacts. Traffic impacts would be reduced in comparison the LUE Amendment as analyzed in the SEIR and also be reduced in comparison to buildout of the 2006 GP. City of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to traffic and transportation that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to future development proposed under the amended LUE during the discretionary approval process for those projects (site development review, tentative tract map, etc.), subsequent design, and /or construction process. VI. FINDINGS REGARDING ALTERNATIVES The City Council modifications to the project represent a hybrid of the SEIR proposed project and the No Airport Alternative as analyzed in the SEIR and concluded to be the environmentally superior alternative. Section B provides a comparison of the City Council modified project to the No Airport Alternative as evaluated in the SEIR. General Plan Land Use Element Amendment CEQA Findings of Fact -17- Proposed No Airport Area Proposed City Project Alternative Council Changes Average Daily Trips +8,537 2,234 2,922 (ADT) Source: Urban Crossroads 2014. As described in the Urban Crossroads memorandum comparing traffic impacts of the City Council proposed project to the SEIR analyzed project (see attachment to PlaceWorks memorandum, July 16, 2014), the same intersection and freeway system impacts analyzed for the No Airport Alternative —six freeway mainline segments and one freeway ramp location —would be anticipated under the proposed City Council scenario. The significant impact to the 1 -405 NB off -ramp at MacArthur Boulevard would be eliminated under the City Council proposed project. Furthermore, although not required to mitigate CEQA identified traffic impacts, the City Council proposes new policies related to transportation management in Corona del Mar and Newport Center. LU 7.13.11 would require implementation of a Corona del Mar (CDM) traffic by -pass plan to divert traffic and limit congestion in the CDM area. LU 7.13.12 requires the City to coordinate with the Orange County Transportation Authority and Newport Center stakeholders to increase use of the Newport Center Transportation Center, and to support the Newport Center Transportation Demand Management Program. Overall, the land use changes proposed by the City Council would reduce ADT, and the new policies related to CDM traffic and the Newport Center Transportation Center would further supplement a reduction in traffic impacts. Traffic impacts would be reduced in comparison the LUE Amendment as analyzed in the SEIR and also be reduced in comparison to buildout of the 2006 GP. City of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to traffic and transportation that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to future development proposed under the amended LUE during the discretionary approval process for those projects (site development review, tentative tract map, etc.), subsequent design, and /or construction process. VI. FINDINGS REGARDING ALTERNATIVES The City Council modifications to the project represent a hybrid of the SEIR proposed project and the No Airport Alternative as analyzed in the SEIR and concluded to be the environmentally superior alternative. Section B provides a comparison of the City Council modified project to the No Airport Alternative as evaluated in the SEIR. General Plan Land Use Element Amendment CEQA Findings of Fact -17- A. Alternatives Considered and Rejected During the ScopinglProject Planning Process The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the Draft SEIR. Alternative Project Location CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines Section 15126.6[f][2][A]). An evaluation of an alternative to the project location is appropriate for a site - specific development project. This Draft Supplemental EIR is prepared for a General Plan LUE Amendment that applies to the entire City of Newport Beach. An "alternative location" to the City is not a feasible alternative. However, the land use alternative evaluated in this chapter (No Airport Area Alternative) does evaluate an alternative that eliminates development within one of the subareas of the City. B. Alternatives Selected for Further Analysis In accordance with CEQA Guidelines Section 15163, a Supplemental EIR "need only contain the information necessary to make the previous EIR adequate for the project as revised." The following alternative has been determined to represent a reasonable range of alternatives to supplement the alternatives previously considered in the 2006 General Plan EIR that could potentially attain most of the basic objectives of the project and has the potential to avoid or substantially lessen one or more of the significant effects of the project. The alternative analyzed in detail in addition to the No Project Alternative included the: ■ No Airport Area Alternative An EIR must identify an "environmentally superior" alternative, and where the No Project Alternative is identified as environmentally superior, the EIR is required to identify as environmentally superior an alternative from among the others evaluated. Each alternative's environmental impacts are compared to the proposed project and determined to be environmentally superior, neutral, or inferior. However, only significant and unavoidable impacts are used in making the final determination of whether an alternative is environmentally superior or inferior to the proposed project. Only the impacts involving greenhouse gas emissions, construction noise, population growth, and traffic were found to be significant and unavoidable. Section 7.4 of the Draft SEIR identifies the environmentally superior alternative. No Project Alternative The City Council rejects the No Project Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) Description: The No Project alternative is implementation of the existing 2006 General Plan. The Draft SEIR evaluates the incremental environmental impact of buildout of the 2006 General Plan in comparison to buildout of the proposed General Plan LUE Amendment. As such, the analysis throughout the Draft SEIR represents the impacts of the proposed project relative to the No Project Alternative. Environmental Effects: The No Project alternative would eliminate the significant impacts of the proposed project, including significant, unavoidable impacts related to greenhouse gas emissions, noise and vibration (construction - related vibration), population and housing (population growth), and transportation and traffic (freeway main line and ramp impacts and potentially significant cumulative impact related to Airport Settlement Agreement trip generation). The No Project alternative would also General Plan Land Use Element Amendment CEQA Findings of Fact -18- eliminate a significant air quality impact related to placing sensitive receptors (housing and congregate care) proximate to high pollutant concentrations in the Airport Area. This impact, however, would be mitigated to less than significant under the proposed project. Note that although the No Project alternative would eliminate the significant unavoidable impact of the incremental increase in GHG emissions, construction vibration, population and air quality related to health risks to proximity to sensitive resources, these impacts would also be significant for the existing 2006 General Plan (No Project). The No Project alternative would not have the benefit of the new and /or modified Land Use Element policies. The updated policies reflect State of California legislation subsequent to adoption of the 2006 General Plan and new best planning practices since 2006 addressing sustainability, climate change, and healthy communities. Ability to Achieve Project Objectives: The No Project Alternative would continue to attain the project objectives detailed in Section II(D), in particular objectives Nos. 1, 3, 4, and 5. Compliance with 2006 General Plan policies would preserve and enhance the City's character; protect and enhance water quality; protect and enhance recreational opportunities and public access to open space and natural resources; and control traffic generation. In comparison to the General Plan LUE Amendment, however, the No Project alternative would not be as effective in achieving balancing needs for housing, jobs, and services. The proposed project is in response to changing demand for housing and commercial uses; therefore, the project would add housing and slightly improve the City's jobs- housing balance (from 1.83 to 1.76). Since the City is considered to be "jobs rich," this is a benefit of the proposed project that would not be realized under the No Project alternative. The No Project alternative may also not be as responsive to Project Objective 2.c, regarding "directing land use changes to areas where residents have expressed a willingness to consider change...... The proposed project's land use changes are in response to property owners' request for change. This may or may not, however, reflect "resident" willingness. The No Project alternative would not change land uses in comparison to the proposed project and so would not generate additional vehicle trips in comparison to the proposed General Plan LUE Amendment. Therefore, it may be considered more effective in achieving Project Objective No. 5. Feasibility: The No Project Alternative would be physically feasible but would not be as economically, legally or technologically as feasible or as desirable as the proposed LUE Amendment. The proposed LUE Amendment is needed to reflect to recent legislation (compliance with AB 32 and furtherance of the Orange County Sustainable Communities Strategy, for example), the economy and market, and emerging best practices. The reasoning behind decreasing and increasing development capacity in certain subareas of Newport Beach under the proposed project is to reflect current changing demands for housing and commercial uses, particularly near public transit. Finding: In comparison to the proposed project, the No Project Alternative would reduce impacts to aesthetics, air quality, hazards and hazardous materials, public services, transportation and traffic, and utilities and service systems. In addition, significant unavoidable impacts to construction vibration, air quality (sensitive receptors), population growth, and transportation and traffic (cumulative impacts to freeway main line and ramps and trip contribution to a potential, cumulative traffic impact associated with the Airport Settlement Agreement) would be avoided under this alternative. Further, the No Project Alternative would not require an amendment to the Coastal Land Use Plan because no changes would occur to coastal zone land use designations. Cultural resources, greenhouse gas emissions, hydrology and water quality, and land use and planning impacts would be similar to the proposed project. Overall, the No Project Alternative would have fewer environmental impacts than the proposed project and would eliminate significant, unavoidable impacts, making it the environmentally superior alternative. However, from a policy perspective, this alternative would maintain its existing 2006 Land Use Element policies and designations, which would not reflect updated state legislation (AB 32 and SB 375), best practices related to sustainability, climate change, and healthy communities, or support recent Neighborhood Revitalization efforts. Further, the No Project Alternative fails to meet the following project objectives: No. 2(a) achieving balancing needs for housing, jobs, and services, and No. 2(c) directing land use changes to areas where residents have expressed a willingness to consider change and where sustainable development can occur. Therefore, it has been rejected by the City in favor of the proposed project, as amended. General Plan Land Use Element Amendment CEQA Findings of Fact _19- No Airoort Area Alternative The City Council rejects the No Airport Area Alternative on the basis of policy and economic factors. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Description: This alternative would eliminate the proposed land uses changes in the Airport Area subareas, including changes to the Saunders Properties, The Hangars, Lyon Communities, and LAP Companies. The proposed changes for these properties under the General Plan LUE Amendment are summarized in Table 3 -1, Proposed Land Use Changes, and shown on Figure 3 -4, Airport Area Proposed Changes in the Draft SEIR. It was selected for evaluation based on its potential to reduce or eliminate each of the impacts identified as significant for the General Plan LUE Amendment as proposed. This alternative would substantially reduce the overall intensity of land uses proposed. Therefore, it would reduce both construction - related vibration impacts, and greenhouse gas impacts. It was selected in particular for its potential to reduce impacts related to the proximity to the John Wayne Airport. Avoiding intensification of land uses within this subarea has the potential to reduce or eliminate the significant traffic impacts related to freeways and intersections proximate to this subarea as well as potential cumulative impacts associated with the Airport Settlement Agreement. And finally, although the significant air quality impact associated with placing sensitive receptors (housing and congregate care) proximate to major air pollutant sources would be mitigated to less than significant under the proposed project, this alternative would be reduced for this alternative. The No Airport Area Alternative would include the same changes to the General Plan LUE policies as the proposed project, with the exception of any policies specifically altered to accommodate the proposed Airport Area land uses changes under the proposed project. Such policies would not be included in this alternative (e.g., LU 6.15.5 Residential and Supporting Uses, regarding the maximum number of replacement units). Environmental Effects: A full discussion of the No Airport Area Alternative's environmental impacts compared to the proposed projects is set forth in Section 7.3 of the Draft SEIR, which is hereby incorporated by reference. In comparison to the proposed project, the No Airport Area Alternative would reduce impacts to aesthetics, air quality, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise and vibration, population and housing, public services, transportation and traffic, and utilities and service systems. Cultural impacts under this alternative would be similar to the proposed project. This alternative would eliminate a significant impact at one 1 -405 freeway ramp but would not eliminate any other unavoidable impacts of the LUE Amendment as proposed. It would, however, reduce all of the significant, unavoidable impacts of the proposed project. It would reduce population growth, greenhouse gas emissions, and construction - vibration impacts. These impacts, however, would remain significant and unavoidable for this alternative. The alternative would substantially reduce trip generation relative to the proposed General Plan LUE Amendment by 10,771 average daily trips (ADTs). The alternative would not eliminate the number of main line freeway segments impacted, but would eliminate an impact to one of two freeway ramps (1 -405, NB off -ramp at MacArthur Boulevard would no longer be impacted). Ability to Achieve Project Objectives: The No Airport Area alternative would be consistent with most of the proposed project's objectives, detailed in Section 7.1.2 of the Draft SEIR. The alternative would not jeopardize the potential to preserve and enhance the city's character (No. 1); protect and enhance water quality (No. 3); and protect and enhance recreational opportunities and public access to open space. This alternative would be more successful in achieving project objective No. 5, "modify land uses, densities and intensities so that traffic generation is controlled." It would not eliminate significant traffic impacts, but would reduce them relative to the proposed project. The extent to which this alternative would achieve Project Objective No. 2 is less apparent. Compared to the proposed project, it would more successfully "limit land use changes to a very small amount of the City's land area" but would be considered less successful in balancing need for housing, jobs and services. It would provide fewer housing opportunities General Plan Land Use Element Amendment CEQA Findings of Fact -20- and new jobs and slightly increase the jobs- housing balance in the City, which is already jobs -rich. Moreover, only some of the property owners have requested the Airport Area changes. Feasibility: The No Airport Area Alternative would be physically feasible but may not be as responsive to the project objectives with respect to economic, considerations as the proposed project. Some of the Airport Area property owners requested the proposed changes in the subarea to respond to current changes in demand for residential and commercial uses. Table 2 outlines the substantial reduction in allowable residential, hotel, commercial, and office use under the No Airport Area Alternative. This would result in fewer residents, visitors, and employment opportunities and associated economic benefits to the City of Newport Beach in comparison to the proposed project. Finding: The No Airport Area Alternative would reduce impacts to aesthetics, air quality, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, public services, and utilities and service systems. Cultural resource and housing impacts would be similar. Significant unavoidable impacts related to greenhouse gas emissions, population growth, transportation and traffic, construction vibration would also be reduced, but not eliminated under this alternative. More specifically, the alternative would substantially reduce trip generation relative to the proposed General Plan LUE Amendment by 10,771 ADTs and would eliminate significant impacts to one of two freeway ramps significantly impacted by the project. It would not, however, eliminate significant impacts to main line freeway segments or one freeway ramp. Further, it would not eliminate the potentially significant impact associated with the Airport Settlement Agreement. The No Airport Area Alternative would have fewer environmental impacts than the proposed project. The alternative would achieve most of the project objectives with the exception of Objective No. 2(a) since the alternative would provide fewer housing opportunities compared to jobs, increasing the jobs- housing balance in an already "jobs- rich" City. In summary, the No Airport Area Alternative would eliminate the significant impact to one of two freeway ramps significantly impacted by the project, and would reduce but not eliminate any of the other significant traffic impacts or other significant impacts (air quality, construction vibration, and population) of the project as proposed. In addition, the No Airport Area Alternative would reduce or eliminate impacts that are directly related to the proposed land use changes within the Airport Area, including: ■ Cumulative impacts associated with the Airport Settlement Agreement (including the uncertainty related to changes in hazards and noise zones) ■ Land use compatibility with industrial uses in Airport Area (including health risk) ■ Cumulative traffic impacts (although detailed, cumulative analysis of Airport Settlement Agreement traffic and LUE Amendment traffic has not been conducted, it is anticipated that cumulative impacts could be expected proximate to the John Wayne Airport and Airport Area land use changes) ■ ALUC determination of the proposed project inconsistency with AELUP (ALUC concluded in its Draft SEIR comment letter that ALUC's preferred project is the No Airport Area Alternative) Further, similar to the proposed project, it would be consistent with most of the 2006 General Plan's objectives. For these reasons, the City finds that the No Airport Area Alternative is preferred over the proposed project. Comparison of No Airport Alternative and City Council Modified Project Similar to the No Airport Alternative, the City Council proposed project eliminates the land use changes to the Lyon Communities and Hangars properties completely. As with the No Airport Alternative, the City Council proposal also eliminates the entitlement for additional dwelling units and office square footage for the Saunders properties. The City Council proposal, however, would redesignate the Saunders Properties to MU -1­12 which would make it eligible for housing development in the future. However any residential units would be within the existing cap of 2,200 units of residential units allocated for the MU -1­12 designated properties in the Airport Area, so this change would not increase the total number of housing General Plan Land Use Element Amendment CEQA Findings of Fact -21- units in the airport area. Unlike the No Airport Alternative, the City Council proposal would retain the land use changes to the LAP Companies properties and permit congregate care (trip neutral). The City Council modification would also eliminate land use changes to 150 Newport Center Drive, a change not included in the No Airport Alternative, and thus reduce hotel uses by 125 rooms. As with the No Airport Alternative, the City Council project would substantially reduce land use intensity in comparison to the proposed project as analyzed in the SEIR. In addition to the Airport Area changes, the City Council proposal would reduce 125 hotel rooms in Newport Center and additional development potential at 813 East Balboa Boulevard. As described in the environmental review memorandum (as referenced above), elimination of the changes to the 150 Newport Center and 813 East Balboa Boulevard land use changes would further reduce environmental impacts. The proposed project changes as recommended by the City Council, therefore, would reduce project impacts relative to the No Airport Alternative (and thereby represent an environmentally superior alternative). General Plan Land Use Element Amendment CEQA Findings of Fact -22- Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The City is the Lead Agency under CEQA responsible for preparation, review, and certification of the Final Supplemental EIR for the General Plan Land Use Element Amendment (the "Project'). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed Project and which of those impacts are significant, and can be mitigated through imposition of feasible mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination, the City is guided by State CEQA Guidelines Section 15093 which provides as follows: CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region - wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the Project against the following unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the Project, none of which both meet most of the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City of Newport Beach City Council, the Lead Agency for this project, having reviewed the Final Supplemental EIR prepared for the General Plan Land Use Element Amendment, and reviewed all written materials within the City's public record and heard all oral testimony Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the proposed project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project, as modified by the City Council. Sianificant Unavoidable Adverse Environmental Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some Project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency, however, even with implementation of the measures, the City finds that the impact cannot be reduced to a level of less than significant. The impacts and alternatives are described below and were also addressed in the Findings. The SEIR identified the following unavoidable adverse impacts of the proposed Project. The City Council modified the Project, as evaluated in the draft SEIR. The Findings and Facts in Support of Findings evaluate the environmental changes that would result from these modifications. Environmental impacts associated with the proposed City Council changes would be reduced or similar to impacts under the proposed General Plan Land Use Element Amendment SEIR. Thus, impacts associated with the proposed City Council changes are within the scope of the SEIR and no new significant environmental impacts would result: Greenhouse Gas Emissions EIR Impact 5.4 -1: The proposed Project would achieve SCAQMD's efficiency metric and would not conflict with plans adopted for the purpose of reducing GHG emissions. Compared to the 2006 General Plan, the Project would result in a substantial increase in the total magnitude of GHG emissions but would decrease GHG emissions on a per capita basis (i.e., increase plan efficiency by allowing increased density in certain areas located near public transit stops). The policies and implementation actions in the City's General Plan would ensure that GHG emissions from buildout of the proposed General Plan LUE Amendment would be minimized to the extent practicable. However, additional statewide measures would be necessary to reduce GHG emissions under the proposed project to meet the long -term GHG reduction goals under Executive Order S- 03 -05, which identified a goal to reduce GHG emissions to 1990 levels by 2020 and 80 percent of 1990 levels by 2050. At this time, there is no plan past 2020 that achieves the long -term GHG reduction goal established under S- 03 -05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, Impact 5.4 -1 would remain significant and unavoidable. Noise and Vibration EIR Impact 5.8.6: Similar to the 2006 General Plan, development in accordance with the proposed project would increase groundborne vibration related to construction activities. Grading and demolition activities typically generate the highest vibration levels during construction activities. In particular, pile driving and rock blasting can generate high levels in excess of 100 peak particle velocity at 25 feet away. Typical construction projects do not require these methods, or if necessary, can usually be mitigated with alternative methods such as nonexplosive rock breaking (instead of rock blasting) and drilled piles (instead of impact pile driving), which do not exceed the thresholds for architectural damage and do not reach levels that are considered annoying at distances greater than 200 feet. However, as discussed in the 2006 General Plan EIR, since construction equipment for subsequent projects is unknown, there would be no feasible mitigation available to eliminate potential vibration impacts to nearby 2 Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations receptors if pile driving /rock blasting equipment or other activities that generate high levels are necessary for future developments. Furthermore, intensification of land uses at some of the proposed project's subareas could result in greater vibration impacts than the 2006 General Plan. Therefore, impacts would be significant and unavoidable. Population and Housing EIR Impact 5.9 -1: Buildout of the General Plan LUE Amendment would directly result in an estimated population increase of up to 306 persons in comparison to buildout of the 2006 General Plan. This population increase would exceed the 2035 SCAG population growth projections for the City and is a significant and unavoidable impact. Traffic and Transportation EIR Impact 5.11 -3: The County of Orange prepared a Draft EIR to analyze the potential impacts associated with the proposed amendment of the John Wayne Airport Settlement Agreement. The proposed amendment for the Airport Settlement Agreement would expand the number of annual passengers and average daily departures from January 1, 2021, to December 31, 2035 which would result in a greater number of automobiles and buses providing access to JWA. The increased number of vehicles may result in traffic congestion and deterioration of level of service on the roadways and intersections surrounding JWA. The Settlement Agreement Draft EIR was not available at the time of preparation of the LUE Amendment Draft SEIR (it was released for public review on May 23, 2014). The Draft SEIR, therefore does not include a detailed analysis of the future plus project traffic impacts of the proposed project with the JWA Settlement Agreement, in part because it is not clear what project the County will approve related to the Settlement Agreement amendment. Because it could not be determined if significant impacts would occur and, if so, if mitigation measures would be feasible, impacts were concluded to be potentially significant and unavoidable. EIR Impact 5.11 -5: Project - related trip generation would contribute trips to six existing and forecast deficient main line segments of the 1 -405, SR -73, and SR -55 freeways and contribute to deficient ramp operations at two 1 -405 off - ramps. Caltrans does not have an adopted fee program that can ensure that locally contributed impact fees will be tied to improvements, and such improvements would be out of the control of the City of Newport Beach. These freeway main line and ramp impacts would be a cumulatively considerable and are significant and unavoidable. Alternatives In addition, the EIR evaluated the No Project alternative and one modified General Plan Amendment alternative (No Airport Area Alternative). The Supplemental EIR analyzed whether these alternatives could avoid or substantially lessen the unavoidable, significant environmental impacts of the proposed Project. While the No Project Alternative would lessen and avoid some of the unavoidable impacts of the proposed Project, it would not achieve most of the project objectives. The No Airport Area Alternative would reduce environmental impacts and would eliminate the significant impact at one 405 freeway ramp but would not eliminate any of the remaining significant, unavoidable impacts of the proposed Project. As stated in Section 6 of the Facts and Findings, the No Airport Alternative was determined to be feasible and preferable to the LUE Amendment as proposed. The No Airport Alternative was determined to be preferable to the proposed project for the following reasons: • This alternative would clearly be consistent with most of the 2006 General Plan's objectives. Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations • It would reduce environmental impacts to every topical area including each of the significant, unavoidable impacts of the proposed project. • It would eliminate the significant impact at one 405 off ramp (at MacArthur Boulevard) • It would substantially reduce or eliminate impacts that are directly related to the proposed land use changes within the Airport Area, including: Cumulative impacts associated with the Airport Settlement Agreement (including the uncertainty related to changes in hazards and noise zones) o Land use compatibility with industrial uses in Airport Area (including health risk) o Cumulative traffic impacts (particularly those that are within the airport area) ALUC determination of project inconsistency with AELUP (ALUC concluded in their Draft SEIR comment letter that they preferred No Airport Area project alternative). As described in the CEQA Findings of Fact, the City Council rejected the No Project and No Airport Area Alternatives on the basis of policy and economic factors. Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits including region -wide or statewide environmental benefits, of the proposed Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed Project, in accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this Section, and in the documents found in the Record of Proceedings. Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations Reduction in vehicle miles travelled and associated greenhouse gas emissions by designating compact, concentrated mixed -use development in Newport Center /Fashion Island. Increase in use of non - motorized transportation such as walking and biking by locating land uses such as housing, essential neighborhood - serving retail, and employment together to reduce distances between destinations and to facilitate use of public transportation. 2. Consistency with the following strategies outlined in the Orange County Council of Government's 2011 Sustainability Communities Strategy: - Support mixed -use development and thereby improve walkability of communities - Promote land use patterns that encourage the use of alternatives to single- occupant automobile use 3. Proposed General Plan Land Use Element Amendment goals and associated policies that address citywide and neighborhood- specific sustainability and healthy communities' strategies. 4. Reflect changes in the economy and the market to benefit the overall financial health of the City. 5. Proposed General Plan Land Use Element Amendment policies that address development agreements and corresponding public improvements and public benefits to be contributed by the developer. 6. Proposed General Plan Land Use Element Amendment policies that address development agreements and corresponding public improvements and public benefits to be contributed by the developer. 7. Proposed General Plan Land Use Element land use changes that reduces citywide average daily vehicle trips at build -out conditions by 2,922 when compared to build -out conditions without this Project. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -67 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 22 n day of July, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Nays: Council Member Gardner Absent: Council Member Henn, Council Member Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of July, 2014. .... A-A i6n�'`---"' City Clerk Newport Beach, California (Seal)