HomeMy WebLinkAbout20 - LCP Amendment 2007-001CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. X
March 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
valfordO- )city. newport- beach. ca. us
SUBJECT: LCP Amendment No. 2007 -001
CLOP Update (PA 2007 -027)
ISSUE:
Should the Coastal Land Use Plan be updated to reflect the location, type,
densities, and intensities of land uses established by the new Land Use Element
and to incorporate other new polices of the General Plan?
RECOMMENDATION:
Adopt Resolution No. 2007- (Attachment A) approving the Coastal Land
Use Plan and authorizing submittal to the Coastal Commission for formal review
and approval (formal adoption requires a separate action by the City Council
following Coastal Commission approval).
Background
The Coastal Land Use Plan (CLUP) is the policy document of the City's Local
Coastal Program. Pursuant to the California Coastal Act, the CLUP must include
the relevant portion of the City's General Plan that is sufficiently detailed to indicate
the kinds, location, and intensity of land uses and the applicable resource
protection and development policies.
Implementation Program 5.1 of the new General Plan calls for review and revision
of the CLUP for consistency with the General Plan.
On January 17, 2007, the General Plan /LCP Implementation Committee directed
staff to proceed with the CLUP amendment with the goal of submittal to the Coastal
Commission by April 27, 2007.
CLUP Update
March 27, 2007
Page 2
Analysis:
The goals and policies of the General Plan were written in consideration of the
CLUP and many of its policies were directly incorporated into the Land Use, Harbor
and Bay, Natural Resources, Recreation, and Safety Elements. However, the Land
Use Element has a different land use classification and density/intensity system
that needs to be incorporated into the CLUP. The General Plan update also
resulted in a number of land use changes in the coastal zone, including opening
new areas to residential and mixed -use development. Finally, the General Plan
contains a number of development and resource protection policies that expand on
those contained in the CLUP. Therefore, several narratives, policies, and maps of
the CLUP were updated to reflect these changes:
1. Land Use Element's complex system of tables, figures, and maps are
summarized in Section 2.1.1 (Land Use Categories). A more conventional
land use classification hierarchy was used to provide a land use
classification system that is sufficient to meet the Coastal Act land use
plan definition: "the relevant portion of a local government's general plan,
or local coastal element which are sufficiently detailed to indicate the
kinds, location, and intensity of land uses."
2. The Coastal Land Use Plan Map was updated to include the new land
classification hierarchy and provide a graphic representation of the land
use category for each property in the coastal zone. In addition, detail
maps are provided to identify the districts and corridors.
3. Land Use Element district and corridor policies for West Newport,
Mariners' Mile, the Balboa Peninsula, Balboa Island, the Newport Dunes,
and the Balboa Bay Tennis Club were incorporated into new Sections
2.1.2 through 2.1.8 and existing Sections 2.3.1, 2.4.1, and 4.4.1.
4. Section 2.2.5 (Nonconforming Structures and Uses) was updated to reflect
the more generalized Land Use Element policies on nonconforming
structures.
5. The Harbor and Bay Element were incorporated into Sections 2.3 (Visitor -
serving and Recreational Development), 2.4 (Coastal - dependent/related
Development), and 3. 1.1 (Shoreline Access).
6. Historical Resources Element information and policies relating to the
protection of historic resources were incorporated into Section 4.5.2
(Historical Resources).
CLUP Update
March 27, 2007
Page 3
Planning Commission Action
The Planning Commission held a public hearing for the proposed LCP
amendment on March 8, 2007. The Planning Commission voted unanimously (7-
0) to recommend approval of the LCP amendment with only a few minor
revisions. Two policies derived from the Historic Resources Element (HR 1.2
and HR 1.4) that encourage the preservation of historic structures were taken
out. The Commission was concerned that these policies could be misinterpreted
as being mandatory by the Coastal Commission.
Unlike the revisions relating to land use, nonconforming structures, and
Harbor /Bay policies, the proposed historic preservation policies (Policies 4.5.2 -3
to 4.5.2 -7) are not directly applicable to Coastal Act policies. Therefore, they
could be removed, if so desired.
Submittal to the Coastal Commission
Should the City Council approve the LCP amendment, it will be submitted to the
Coastal Commission for approval. The Coastal Commission will review the LCP
amendment for conformity with Chapter 3 of the Coastal Act, which contains
policies relating to development, public access, recreation, and resource
protection. The land use changes involving a change from commercial to
residential or mixed -use present the greatest potential for controversy.
Formal adoption of the LCP amendment will require a separate action by the City
Council following Coastal Commission hearing.
Environmental Review:
Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment
has been found to be within the scope of the project covered by the certified Final
Environmental Impact Report (SCH No 2006011119) for the City of Newport
Beach General Plan 2006 Update. Pursuant to Sections 15162 and 15163 of the
State CEQA Guidelines, no subsequent EIR or supplement to the EIR is required
because, on the basis of substantial evidence in the light of the whole record, (1)
the LCP Amendment is consistent with the General Plan; (2) the LCP
Amendment presents no new effects that could occur that were not examined in
the Program EIR; and (3) there is no new information to suggest that new
mitigation measures are required.
Public Notice:
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. Additionally, the
CLUP Update
March 27, 2007
Page 4
item appeared upon the agenda for this meeting, which was posted at City Hall
and on the City website.
Prepared by:
Patrick J.' I ord
Senior Planner
Attachments:
Submitted by:
David Lepo
Planning Director
A. Draft resolution.
B. Coastal Land Use Plan updated texts (Resolution Exhibit A).
C. Coastal Land Use Plan Map (Resolution Exhibit B).
D. Section 2.1 detail maps (Resolution Exhibit C).
E. Draft 03/08/07 Planning Commission minutes.
F. Draft 03108/07 Planning Commission resolution.
G. 03/08107 Planning Commission staff report.
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ATTACHMENT A
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A
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING LOCAL
COASTAL PROGRAM AMENDMENT NO. 2004 -001
(PA2003 -093) FOR A COMPREHENSIVE UPDATE OF
THE LOCAL COASTAL PROGRAM LAND USE PLAN
WHEREAS, on November 7, 2006, the City of Newport Beach adopted a
comprehensive update of the General Plan; and
WHEREAS, Implementation Program 5.1 of the new General Plan calls for
review and revision of the Local Coastal Program Coastal Land Use Plan for
consistency with the General Plan; and
WHEREAS, a public hearing on the LCP amendment was held by the Planning
Commission on March 8, 2007, in the City Hall Council Chamber, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meetings were given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to and considered by the Planning Commission at
these meetings; and
WHEREAS, a public hearing on the Coastal Land Use Plan was held by the
City Council on May 25, 2004, in the City Hall Council Chamber, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to and considered by the City Council at this meeting;
and
WHEREAS, the City Council finds as follows:
The Local Coastal Program Amendment is necessary to update the
Local Coastal Program Coastal Land Use Plan to reflect the location,
type, densities, and intensities of land uses established by the new
Land Use Element and to incorporate other new polices of the General
Plan.
2. The Local Coastal Program Amendment updates the Coastal Land
Use Plan to include the relevant portion of the General Plan that is
sufficiently detailed to indicate the kinds, location, and intensity of land
uses and the applicable resource protection and development policies.
3. The updated Local Coastal Program Coastal Land Use Plan is
intended to be carried out in a manner fully in conformity with the
California Coastal Act.
4. The updated Local Coastal Program Coastal Land Use Plan meets the
requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200) of the California Coastal Act.
I
Pursuant to Section 15168 of the State CEQA Guidelines, the LCP
Amendment has been found to be within the scope of the project
covered by the certified Final Environmental Impact Report (SCH No
2006011119) for the City of Newport Beach General Plan 2006
Update. Pursuant to Sections 15162 and 15163 of the State CEQA
Guidelines, no subsequent EIR or supplement to the EIR is required
because, on the basis of substantial evidence in the light of the whole
record, (1) the LCP Amendment is consistent with the General Plan;
(2) the LCP Amendment presents no new effects that could occur that
were not examined in the Program EIR; and (3) there is no new
information to suggest that new mitigation measures are required.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned
findings, the City Council hereby approves the Local Coastal Plan Amendment No.
2007 -001 (PA 2007 -027) to update the Local Coastal Program Coastal Land Use
Plan as provided in Exhibits A through C.
BE IT FURTHER RESOLVED, the City Council of the City of Newport Beach
hereby authorizes submittal of the Coastal Land Use Plan to the Coastal
Commission for formal review and approval; and
BE IT FURTHER RESOLVED, formal adoption of the Coastal Land Use Plan
by the City of Newport Beach shall require a separate action by the City Council
following Coastal Commission approval.
This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on March 27, 2007, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
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ATTACHMENT B
Coastal Land Use Plan updated texts
(Resolution Exhibit A)
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0 2.0 Land Use and Development
2.1 Land Use
The Coastal Land Use Plan was derived from the Land Use Element of the General
Plan and is intended to identify the distribution of land uses in the coastal zone. The
Land Use Element may contain more precise development limits for specific
properties. Should a conflict exist, the land use intensity or residential density limit
that is most protective of coastal resources shall take precedence. However, in no
case, shall the policies of the Coastal Land Use Plan be interpreted to allow a
development to exceed a development limit established by the General Plan or its
implementing ordinances.
2.1.1 Land Use Designations Categories
Policy 2.1.1 -1 The fel{ewing land user- designatiens categories in Table 2.1.1 -1
establish the type, density and intensity of land uses within the coastal zone. If there
is a conflict between the development limits of the Land Use Element and the
Coastal Land Use Plan, the provision that is most protective of coastal resources
shall take precedence. However, in no case, shall the policies of the Coastal Land
• Use Plan be interpreted to allow a development to exceed a development limit
established by the General Plan or its implementing ordinances.
Categories Table 2.1.1-1 Land Use Plan
Land Use CaFe—gory I Uses I Densi /tntensit
Residential Neighborhoods
Single Unit Residential
Detached —RSD
The RSD category applies to a range of
detached single - family residential dwelling units
on a single legal lot and does not include
condominiums or cooperative housing.
RSD -A
0.0 – 5.9 DUTAC
RSD -B
6.0 – 9.9 DU/AC
RSD -C
10.0 – 19.9 DU/AC
RSD -D
20.0 – 29.9 DU /AC
Single Unit Residential
Attached —RSA
The RSA category applies to a range of
attached single - family residential dwelling units
on a single legal lot and does not include
condominiums or cooperative housing.
RSA -A
0.0 -5.9 DU /AC
RSA -B
6.0- 9.9DU /AC
RSA -C
10.0 – 19.9 DU /AC
RSA -D
20.0 – 29.9 DU /AC
Two Unit
Residential —RT
The RT category applies to a range of two
family residential dwelling units such as
duplexes and townhomes.
RT -A
0.0 – 5.9 DU /AC
RT -8
6.0 – 9.9 DU/AC
RT -C
10.0 – 19.9 DU /AC
RT -D
20.0 – 29.9 DU/AC
• Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -1
rIL
Table 2.1.1-1 Land
Use Plan Categories
Land Use Cate7o_ry
Uses
Densit Antensit
RT -E
30.0 - 39.9 D U /AC
Multiple Unit
Residential -RM
The RM category is intended to provide
primarily for multi - family residential
development containing attached or detached
dwelling units.
RM -A
0.0 - 5.9 DU /AC
RM -B
6.0- 9.9DU /AC
RM -C
10.0 -19.9 DU /AC
RM -D
20.0 -29.9 DU /AC
RM -E
30.0 - 39.9 DU /AC
RM -F
40.0 - 52.0 DU /AC
Commercial Districts and Corridors
The CN category is intended to provide for a
limited range of retail and service uses
Neighborhood
developed in one or more distinct centers
0.00 - 0.30 FAR
Commercial -CN
oriented to primarily serve the needs of and
maintain compatibility with residential uses in
the immediate area.
Corridor Commercial-
The CC category is intended to provide a range
CC
of neighborhood- serving retail and service uses
along street frontages that are located and
designed to foster pedestrian activity.
CC -A
0.00 - 0.50 FAR
CC -B
0.00 - 0.75 FAR
General Commercial-
The CG category is intended to provide for a
CG
CG -A
wide variety of commercial activities oriented
primarily to serve citywide or regional needs.
0.00 - 0.30 FAR
CG -B
0.00 - 0.75 FAR
Recreational and
The CM category is intended to provide for
Marine Commercial-
commercial development on or near the bay in
CM
a manner that will encourage the continuation
of coastal- dependent and coastal- related uses,
maintain the marine theme and character,
CM -A
0.00 - 0.30 FAR
encourage mutually supportive businesses,
CM -B
encourage visitor - serving and recreational
0.00 -0.50 FAR
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 category is intended to provide for
Commercial --CV
accommodations, goods, and services intended
to primarily serve visitors to the City of Newport
Beach.
CV -A
0.00 - 0.75 FAR
CV -B
0.00 -1.50 FAR
General Commercial
The COG category is intended to provide for
Office -COG
administrative, professional, and medical offices
with limited accessory retail and service uses.
Hotels, motels, and convalescent hospitals are
not permitted.
COG -A
0.00 -0.30 FAR
COG -B
0.00 - 0.75 FAR
COG-C
0.00 -1.30 FAR
Mixed Use Districts
•
•
Local Coastal Program •
Coastal Land Use Plan
Exhibit A 2 -2
P
Table Land
Use Plan
:_'
i,'.,. '.
..
Mixed-Use Buildings:
The MU -V category is intended to provide for
Floor area to land ratio of
the development of properties for (a) mixed -use
1.5; where a minimum floor
structures that vertically integrate housing with
area to land ratio of 0.35
Mixed Use Vertical—
retail uses, where the ground floor shall be
and maximum of 0.5 shall
be used for nonresidential
MU -V
restricted to retail and other pedestrian - active
purposes and a maximum
uses along the street frontage and /or the upper
of 1.0 for residential.
floors used for residential units, or (b) structures
containing nonresidential uses including retail,
Nonresidential Buildings:
office, restaurant, and similar uses.
Floor area to land area
ratio of 0.75.
Mixed -Use Buildings: Floor
area to land area ratio of 1.5,
The MU -H category is intended to provide for
where a minimum floor area
the development of areas fora horizontally
to land area ratio of 0.25 and
maximum 0.5 shall used
distributed mix of uses, which may include
for retail uses and ma >amum
Mixed Use Horizontal—
general or neighborhood commercial,
of 1.0 for residential.
MU -H
commercial offices, multi - family residential,
visitor- serving and marine - related uses, and/or
Nonresidential only: Floor
buildings that vertically integrate residential with
area to land area ratio of 0.5.
commercial uses.
Residential only: 20.1-
26.7 units per net acre.
Mixed -Use Buildings: Floor
area to land ratio of 1.5;
where a minimum floor area
to land ratio of 0.35 and
The MU -W category is intended to provide for
maximum of 0.7 shall be
commercial development on or near the bay in
used for nonresidential
Mixed Use Water
a manner that will encourage the continuation
purposes and a maximum of
Related —MU -W
of coastal - dependent and coastal- related uses
0.8 for residential.
and visitor- serving uses, as well as allow for the
integrated development of residential.
Nonresidential only: Floor
area to land area ratio of 0.5.
Residential only: 15 units
per acre per net acre.
Public, Semi - Public, and Institutional
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -3
13
Table 2. 1.1 -1 Land
Use Plan Categories
Not applicable. School
districts are exempted
from local land use
controls and
development limits are
The PF category is intended to p rovide public
not specified.
Development
facilities, including public schools, cultural
intensities for other
Public Facilities—PF
institutions, government facilities libraries
public institutions are
community centers, public hospitals: and public'
more appropriately
utilities.
detennined by their
function rather than
floor areas, such as
number of hospital
beds and number of
Private Institutions—PI
The PI category is intended to provide for
privately owned facilities that serve the public,
including places for religious assembly, private
schools, health care, cultural institutions,
PI-A
0.00 – 0.30 FAR
PI-B
0.00 – 0.75 FAR
PI-C
museums, yacht clubs, congregate homes, and
0.00 – 1.00 FAR
comparable facilities.
Open spaces may
include incidental
The OS category is intended to provide areas
buildings, such as
Opens Space—OS
for a range of public and private uses to protect,
maintenance
equipment and supply
maintain, and enhance the community's natu ral
storage, which are not
resources.
traditionally included in
detennining intensity
Not applicable for
public uses. Private
uses in this category
may include incidental
The PR category applies to land used or
buildings, such as
proposed for active public or private
maintenance
equipment sheds,
Parks and Recreation—
recreational use. Permitted uses include parks
supply storage, and
PR
(both active and passive), golf courses, marina
restrooms, not included
support facilities, aquatic facilities, tennis clubs
in detennining intensity
and courts, private recreation, and similar
limits. For golf
facilities.
courses, these uses
may also include
support facilities for
grounds maintenance
I employees.
Local Coastal Program
Coastal Land Use Plan
Exhibit /\ 2-4
2.1.2 DistricVCorridor Policies
Districts are uniquely identifiable by their common functional role, mix of uses,
densityrintensity, phvsical form and character, and /or environmental setting.
Newport Beach's coastal zone districts are in transition 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.
Corridors share common characteristics of districts by their identifiable functional
role, land use mix, density/intensity, physical form and character, and/or
environmental setting. Thev differ in their linear configuration, generally with shallow
depth parcels located alonq arterial streets. Thev 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.
Policy 2.1.2 -1. Development in each district and corridor shall adhere to
policies for land use type and density /intensity contained in
Table 2.1.1 -1. except as modified in Sections 2.1.3 to 2.1.8.
2.1.3 West Newport
The West Newport Coast Hiqhwav Corridor extends from Summit Street to lust past
60th Street. It is a mixed commercial and residential area, with the former servinq
the adloining 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 Street
intersection and east of Cedar Street to the Semeniuk Slouqh. Intervening areas are
developed with a mix of multi - family apartments and, west of Grant Avenue, mobile
and manufactured homes.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -5
15
Primary commercial uses include community- related retail such as a dry cleaners,
liquor store deli and convenience stores, as well as a few visitor - serving motels,
dine -in family -stvle restaurants and fast -food establishments. Generally, they are
developed on shallow parcels of substandard size and configuration due to past
although some motels have been recently upgraded.
A portion of the mobile homes are situated along Semeniuk Slough and the Army
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.
edge with Huntington Beach. The latter may include improvements that would
support the proposed Orange Coast River Park.
Policies:
underpass to the ocean. As an alternative, accommodate multi - family
residential on all or portions of the property not used for open space.
2.1.3-1. Allow local and visitor - serving retail consistent with the CV category in
two centers at Prospect Street and Orange Street.
2.1.4 Mariners' Mile
Mariners' Mile is a heavilv traveled seqment of Coast Highwav 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 - frontinq properties and include boat sales and storage, sailing
schools marinas visitor - serving restaurants and comparable uses. A large site is
developed with the Balboa Bay Club and Resort, a hotel, private club, and
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-6
I
apartments located on City tidelands. A number of properties contain non - marine
commercial uses, offices, and a mufti-story residential building.
The vitality of the Mariners' Mile Corridor will be enhanced by establishing a series of
distinct retail, mixed -use, and visitor - serving centers. Harbor - fronting properties
would accommodate a mix of visitor - serving retail and marine - related businesses,
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.
Policies:
2.1.4 -1. For properties located on the inland side of Coast Highway in the
general commercial uses in accordance with CM and CG categories;
and (b) portions of properties to the rear of the commercial frontage
may be developed for free - standing neighborhood - serving retail, multi-
family residential units or mixed -use buildings that integrate residential
with retail uses on the ground floor in accordance with the CK RM ,
CV, or MU -V cateqories respectively
2.1.4 -2. For bay- fronting properties (designated as MU -W), encourage marine -
related and visitor- servina retail, restaurant, hotel, institutional, and
recreational uses intermixed with residential uses. Permitted uses
include those permitted by the CM, CV, MFR, and MU -V categories. A
minimum of 50 percent of any lot shall be used for the CM or CV land
uses.
2.1.4 -3. Permit development intensities in areas designated as CG to be
increased to a floor area ratio of 0.5 where parcels are consolidated to
accommodate larger commercial development projects that provide
sufficient parking.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -7
11
2.1.5 Balboa Peninsula
Lido Village, Cannery Village, McFadden Square, and Balboa Village are to be
enhanced as distinct pedestrian - oriented centers of Balboa Peninsula that would be
interconnected through improved streetscaws along Newport/Balboa Boulevard, a
waterfront promenade on Newport Harbor, and cross - access between the Harbor
and beachfront. Lido Village, McFadden Square, and Balboa Villaqe would contain a
mix of visitor - serving, retail, small ovemight accommodation facilities, and housing.
Throughout the Peninsula, priority is established for the retention of marine - related
uses.
Lido Villaqe
includes Lido Marina Villaqe, a pedestrian - oriented waterfront development that
includes visitor- servinq commercial uses, specialty stores, and marine uses.
Lido Marina Villaqe has experienced a high number of building vacancies and man
retail stores are underperforming. Parkinq is limited. Multiple property ownerships
have traditionally inhibited cohesive and integrated development.
Lido Villaqe has a unique location at the tuminq basin in Newport Harbor. The
channel is wider than in other locations, providina an opportunity for waterfront
commercial uses that will not negatively impact residential uses across the channel.
Cannery Village
Cannery Villaqe is the historic center of the Citv's commercial fishing and boating
for residential, loft and mixed residential and commercial uses, including live/work
Although the residential component of mixed -use projects has performed well, there
has been less success in attracting the commercial uses envisioned for the area
Particularly on the waterfront.
The goal in Cannery Villaqe is a pedestrian- oriented residential neighborhood that
provides opportunities for live/work facilities and supporting retail uses. Commercial
or mixed -use buildings would be developed at street intersections with intervening
parcels developed for mixed -use or free - standing housing and a mix of marine-
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2-8
19
related, residential uses on the Bay frontage, and retail and visitor - serving uses
along Newport Boulevard Corridor.
McFadden Square
McFadden Square surrounds the Newport Pier and extends between the ocean front
and harbor. Commercial land uses are largely concentrated in the strips along
Balboa and Newport Boulevards, with residential alonq the ocean front and marine -
related uses fronting the harbor. Numerous visitor - serving uses include restaurants,
beach hotels tourist - oriented shops tt -shirt 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 featurinq live music, especially along the ocean 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 Parkinq is available in three
lots, which primarily serve the beach users, tourists, and the restaurant patrons.
The goal in McFadden Square is to revitalized the area as a pedestrian - oriented
village that reflects its location on the ocean, pier, and bav front, serving visitors and
local residents.
Lido Peninsula
The MUM is applied to the Lido Peninsula to provide for the horizontal intermixing of
recreational and marine - related and residential uses, in accordance with CM and RM
categories respectively.
Balboa Village
Balboa Villaqe 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
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
Local Coastal Program
Coastal Land Use Plan
ExhibR A 2 -9
marginal commercial space is used by businesses that are seasonal and do not
thrive throughout the year.
Balboa Village will continue to serve as the primary center of the lower Peninsula,
surrounded by residential neighborhoods along and flanking Balboa Boulevard. The
goal is an economically viable pedestrian oriented village that serves local residents,
visitors, and provides residential in proximity to retail uses, entertainment, and
recreation.
Policies:
2.1.5 -1. For bav- fronting properties (designated as MU -N, 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
McFadden Square, and Balboa Island.
2.1.5 -2. Encourage uses that take advantage of Lido Village's location at the
Harbor's turning basin and its vitality and pedestrian character,
residential with retail uses.
2.1.5 -3. Discourage the development of new office uses on the ground floor of
buildings in Lido Village that do not attract customer activity to improve
the area's pedestrian character.
2.1.5 -4. In Lido Marina Village (designated as MU-1M, marine - related uses
may be intermixed with buildings that provide residential on the upper
floors. Permitted uses include those permitted by the CM. CV. and
MU -V categories. Free - standing residential shall not be permitted.
restricted to nonresidential uses along the street frontage such as retail
sales and restaurants and the rear and upper floors used for residential
including seniors units and ovemight accommodations (comparable to
MU -V). Mixed -use or commercial buildings shall be required on
parcels at street intersections with intervening parcels developed for
mixed -use or free-standing housing.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -10
)a
2.1.5 -6. Allow retail and visitor - serving commercial alona the Newport
Boulevard Corridor consistent with the CV category.
2.1.5 -7. Accommodate visitor- and local - serving uses that take advantage of
McFadden Square's waterfront setting including specialty retail,
restaurants, and small scale overnight accommodations, as well as
mixed -use buildings that integrate residential with around level retail.
2.1.5-8. On the Lido Peninsula, CM development shall occupy 30 percent of
the total land area and residential development shall occupy 70
Percent of the land area. One residential dwelling unit is allowed for
each 2,900 square feet of lot area.
2.1.5 -9. On the Balboa Village bay frontage (designated as CV), prioritize
water- dependent, marine - related retail and services and visitor - serving
retail.
2.1.5 -10. In the Balboa Village core (designated as MU -V), encourage local- and
visitor - serving retail commercial and mixed -use buildings that integrate
residential with ground level retail or office uses.
2.1.6 Balboa Island
Marine Avenue is a two -block retail district on Balboa Island. Marine Avenue reflects
the unique characteristics of the Balboa Island community. Balboa Island is known
for its casual and laid -back lifestyle and Marine Avenue serves as its town square.
Marine Avenue has a number of small - scale, locally -owned businesses, including
restaurants, retail shops, art galleries, and services. This small -town downtown
atmosphere has made Marine Avenue a popular visitor destination.
Although Marine Avenue does not have the typical "tourist- driven" mix of shops and
businesses, visitors are drawn there to experience a Southern California coastal
island community. The number and variety of businesses cannot be supported by
the local economy alone and without local support, most of these businesses could
not survive year- round. Therefore, the continued success of the retail economy on
Marine Avenue is contingent on businesses that serve both local residents and
visitors.
Policy 2.1.6 -1. On Marine Avenue and Agate Avenue (desiqnated as MU -W
marine - related uses may be intermixed with buildings that
provide residential on the upper floors. Permitted uses include
those permitted by the CM. CV, and MU-V category. Free-
standinq residential shall not be permitted
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -11
a�
2.1.7 Newport Dunes
The Newport Dunes consists of 100 acres of State tidelands property on the Upper
Newport Bay held in trust by the County of Orange. This area is designated epeR
space -PR and is intended for recreational and visitor - serving uses. Land uses and
development limits are established pursuant to the Newport Dunes Settlement
Agreement. The site is currently developed with a 406 -space recreational vehicle
park, a 450 -slip marina, a restaurant, dry boat storage, boat launching facilities,
surface parking, and beach day use facilities. This area also includes an
undeveloped site for a 275 -room hotel with up to 500,000 square feet of floor area,
27,500 square feet of floor area for restaurants, and 5,000 square feet of floor area
for retail commercial.
Policies:
2.1.7 -1. Protect, and if feasible, expand and enhance, the variety of
recreational and visitor - serving uses. Particular attention should be
given to provision of lower cost uses.
2.1.7 -2. New development shall provide for the protection of the water quality of
the bay and adjacent natural habitats. New development shall be
designed and sited to minimize impacts to public views of the water
and coastal bluffs.
2.1.8 Balboa Bay Tennis Club
Located in Newport Center, the Balboa Bay Tennis Club is designated MU -H /PR.
This is in recognition of the private recreational tennis courts and the potential
development of short -term rental bungalows and a limited number of single - family
homes.
Policy 2.1.7 -1. Allow the horizontal intermixing of 27 short -term rental units and
5 single - family homes with the expanded tennis club faculties.
Permitted uses include those permitted by the MU -H and PR
categories.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -12
A).
Will— ov
IN
2 2.1.9 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land us e designation category for each
property and is intended to provide a graphic representation of policies relating to the
location, type, density, and intensity of all land uses in the coastal zone.
I. Land uses and new development in the coastal zone
shall be consistent with the Coastal Land Use Plan Map and all
applicable LCP policies and regulations.
Local Coastal Program
Coastal Land Use Plan
Exhibit A 2 -20
W2
Revisions to Section 2.2.5
2.2.5 Nonconforming Structures and Uses
As one of the older coastal communities, Newport Beach has land uses and
improvements that do not conform to the standards of the LCP or other policies and
regulations that have been adopted over the years. This section is intended to
establish policies to limit the expansion of nonconforming structures and uses to the
maximum extent feasible and to bring these structures and uses into conformity in a
timely manner, without infringing upon the constitutional rights of property owners.
Policies:
2.2.5 -1. Legal nonconforming structures shall be brought into conformity in an
equitable reasonable and timely manner as rebuilding occurs.
with other policies and of the Coastal Land Use Plan.
m
�-
reconstructed to their pre- exlstlno intensity when appropriate to
complement the scale and form of existing development.
Exhibit A
3�
Revisions to Section 2.2.5
2.2.5 -3. When proposed development would involve demolition or
replacement of 50 percent or more of the exterior walls of an existing
structure that is legally non - conforming due to a coastal resource
protection standard, the entire structure must be made to conform
with all current development standards and applicable policies of the
Coastal Land Use Plan.
2.2.5 -24. The enlargement or intensification of legally established
nonconforming uses shall be limited to only those uses normally
permitted by right or by the approval of a use permit, but which were
made nonconforming by additional regulations of the district in which
they are located. Such enlargement or intensification shall be subject
to discretionary review and approval by the City and shall not
increase the degree of the use's nonconformity.
Exhibit A
3)-
Revisions to Section 2.3.1 Policies
2.3.1 -7. F ^"^ • ^^ Give riority to visitor - serving and recreational
uses in the mixed -use areas of
ground floor of n al eedies 4hin the pFirnaFy visider
cen.ine a of MGFadde Squa a (PSA 3) and the Balboa
Peninsula "" A-T;, and Balboa Island.
i°
2.3.1 -8. In Mariners Mile, require that development on the Bay frontage
implement amenities that assure access for coastal visitors. Pursue
development of a pedestrian promenade along the Bayfront.
sales.
quality, reduced visual quality, excessive noise, unsafe street traffic
conditions, or parking shortages on the environment and land uses
surrounding the harbor.
Exhibit A
3�
Revisions to Section 2.4.1
2.4.1 Commercial
Newport Harbor supports a wide range of coastal- dependent and coastal- related
commercial uses. These include passenger /sightseeing boats, passengertfishing
boats, boat rentals and sales, recreational equipment rentals, entertainment boats,
boat/ship repair and maintenance, and harbor maintenance facilities. These uses
play an important role in the character of the harbor and provide the services
necessary to sustain one of the world's great small boat harbors.
Over the past 20 years, a number of marine - related businesses and industries in
Newport Beach have moved to inland areas. This is reflective of a regional trend,
largely due to increased environmental regulation in California affecting fiberglass
manufacturing processes, as well as real estate price inflation in coastal
communities.
The Recreational and Marine Commercial (CM) designaiier� land use category is
the primary method of providing for the continuation of coastal- dependent and
coastal- related commercial uses on or near the bay. The CM designation is applied
to areas that have historically provided marine - related businesses and industries
and visitor - serving and recreational areas. CM uses are also permitted in the
Mixed Use (MU -V. MU -H, and MU -W) land use categories located on or near the
bay to encourage the continuation of coastal- dependent and coastal- related uses,
as well as allow for the integrated development of residential.
Policies:
2.4.1 -1. Give priority to coastal- dependent uses over other uses on or near
the shoreline.
2.4.1 -2. When appropriate, accommodate coastal- related developments
within reasonable proximity to the coastal- dependent uses they
support.
2.4.1 -3. Discouraqe re -use of properties that result in the reduction of coastal-
dependent commercial uses. Allow the re -use of properties that
assure coastal- dependent uses remain, especially in those areas with
adequate infrastructure and parcels suitable for redevelopment as an
integrated project.
2.4.1 -34. Design and site new development to avoid impacts to existing
coastal- dependent and coastal- related developments. When
reviewing proposals for land use changes, give full consideration to
the impact on coastal- dependent and coastal- related land uses
including not only the proposed change on the subject property, but
also the potential to limit existing coastal- dependent and coastal -
related land uses on adjacent properties.
Exhibit A
31
Revisions to Section 2.4.1
2.4.1 -45. Maintain the Recreational and Marine Commercial (CM1 desigaatiea
land use category and allow CM uses in the Mixed Use land use
categories (MU-V, MU -H, and MU -1M in areas on or near the bay to
encourage a continuation of coastal- dependent and coastal- related
uses.
2.4.1 -56. Protect and encourage facilities that serve marine - related businesses
and industries unless present and foreseeable future demand for
such facilities is already adequately provided for in the area.
Encourage coastal- dependent industrial facilities to locate or expand
within existing sites and allowed reasonable long -term growth.
Exhibit A
35
Revisions to Section 3.1.1 Policies
3.1.1 -27. Implement public access policies in a manner that takes into account
the need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but
not limited to, the following:
■ Topographic and geologic site characteristics;
■ Capacity of the site to sustain use and at what level of intensity;
■ Fragility of natural resource areas;
■ Proximity to residential uses;
■ Public safety services, including lifeguards, fire, and police
access;
■ Support facilities, including parking and restrooms;
■ Management and maintenance of the access;
■ The need to balance constitutional rights of individual property
owners and the public's constitutional rights of access.
3.1.1 -28. Encourage the creation of waterfront public spaces and beaches,
community/regional interest.
Exhibit A
3e
Revisions to Section 4.4.1 Policies
4.4.1 -7. Design and site new development, including landscaping, on the
edges of public coastal view corridors, including those down public
streets, to frame and accent public coastal views.
4.4.1 -8. Require that buildings be located and sites designed to provide
clear views of and access to the Harbor and Bay from the Coast
■ 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.
■ Encouragement of adlloining properties to combine their view
■ 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 coastal development plan
review process.
4.4.149. Design and maintain
improvements in public
coastal views at maturity.
parkway and median landscape
rights -of -way so as not to block public
4.4.1 -810. Where feasible, provide public trails, recreation areas, and viewing
areas adjacent to public coastal view corridors.
Exhibit A 1
3
Revisions to Section 4.4.1 Policies
4.4.14811. Restrict development on sandy beach areas to those structures
directly supportive of visitor- serving and recreational uses, such as
lifeguard towers, recreational equipment, restrooms, and showers.
Design and site such structures to minimize impacts to public
coastal views.
Exhibit A
3Y
Revisions to Section 4.5.2
4.5.2 Historical Resources
Newport Beach has a number of buildings and sites in the coastal zone that are
representative of the history of the community and the region. Some of these
historical resources have been recognized as being of statewide or national
importance. There are four properties in Newport Beach that are listed as
California Historical Landmarks:
• Old Landing (No. 198). Established by Captain Dunnells in the
1870's, it was the site of the first shipping business in Newport Bay.
• Site Of First Water -To -Water Fliaht (No. 775). Commemorates the
May 10, 1912 flight of Glenn L. Martin from the waters of the Pack
Ocean at Balboa to Catalina Island, the first water -to -water flight.
• McFadden Wharf (No. 794). The site of the original wharf built in
1888 by the McFadden brothers.
• Balboa Pavilion (No. 959). Built in 1905, it is one of California's last
surviving examples of the great waterfront recreational pavilions from
the turn of the century.
There are also three properties that are listed in the National Register of Historic
Places:
• Balboa Inn. Built in 1929, the Balboa Inn is representative of Spanish
Colonial Revival architecture and beachfront tourist development.
• Balboa Pavilion. Built in 1905, the Balboa Pavilion is one of
California's last surviving examples of the great waterfront
recreational pavilions from the turn of the century.
Lovell Beach House. Built in 1926, the Lovell Beach House was
designed by Rudolf Schindler and is considered the first pure
International Style house built in America.
Four additional properties are also listed as historic or potentially historic in the
California Historic Resources Information System (CHRIS) maintained by
the Office of Historic Preservation:
■ B.K. Stone Building —one of the oldest commercial structures in Newport
Beach.
■ Balboa Island Firehouse No. 4 —early police and fire station for the Balboa
Peninsula.
Exhibit A
3�
Revisions to Section 4.5.2
■ Bank of Balboa /Bank of America —Bank of Balboa, Bank of America,
Provided services from 1928 to 1984 (now demolished).
■ Our Lady of Mount Carmel Church.
The City of Newport Beach has also listed seven properties in the Newport
Beach Register of Historical Property in recognition of their local historical or
architectural significance. In addition to the Balboa Pavilion and the Balboa Inn,
the Newport Beach Register of Historical Property includes:
■ Rendezvous Ballroom Site. Destroyed by fire in 1966, the Rendezvous
Ballroom was a popular Balboa dance hall that featured numerous famous
Big Bands of the 1930's and 1940's.
■ Wilma's Patio (formally Pepper's RestauranU. Located on Balboa Island,
the exposed structural components of Pepper's Restaurant are timbers
used in the original Balboa Island Bridge and McFadden Wharf.
■ Balboa Theater. Built in 1928, the Balboa Theater is a former vaudeville
theater that one time housed an infamous speakeasy during Prohibition.
■ Balboa Saloon. The 1924 building is representative of Newport's nautical
history and Main Street commercial masonry style.
■ Dory Fishing Fleet. The Dory Fishing Fleet is located adjacent to Newport
Pier. The fleet and open -air fish market has operated there since its
founding by a Portuguese fisherman in 1891. The last remaining fleet of
its type, it is a historical landmark designated by the Newport Beach
Historical Society. It is a general policy of the City that an area
immediately west of the Newport Pier be reserved for the Newport Dory
Fishing Fleet.
4.5.2 -1. Geat+rue4e.-0ilaintain and periodically update the Newport Beach
Register of Historical Property for buildings, objects, structures, and
monuments having importance to the history or architecture of
Newport Beach and require photo documentation of inventoried
historic structures prior to demolition.
4.5.242. Provide incentives, such as granting reductions or waivers of
applications fees, permit fees, and /or any liens placed by the City to
properties listed in the National or State Register or the Newport
Exhibit A
IS
Revisions to Section 4.5.2
Beach Register of Historical Property in exchange for preservation
easements.
4.5.2 -3. Encouraqe the placement of historical landmarks, photographs
markers or plaques at areas of historical interest or value. Create
a Landmark Plan that will recognize and designate culturally
important heritage sites that are eligible for the placement of
historical landmarks or plaques. The Plan will also identify funding
Funds.
4.5.2-5. Require that proposed development that is located on a historical
site or structure incorporate a physical link to the past within the site
or structural design if preservation or adaptive reuse is not a
feasible option.
4.5.2-6. Require that prior to the issuance of a demolition or grading permit,
developers of a property that contains an historic structure as
defined by CEQA retain a qualified consultant to record the
4.5.2-7. Require that prior to the demolition of a historic structure,
developers offer the structure for relocation by interested parties.
4.5.2 -48. Continue to allow the Dory Fishing Fleet to be launched and stored
and to sell fish on the public beach adjacent to Newport Pier within
reasonable limits to protect the historical character of the fleet, the
coastal access and resources, and the safety of beach users in the
vicinity.
Exhibit A
L�i
ATTACHMENT C
Coastal Land Use Plan Map
(Resolution Exhibit B)
Attached separately
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q3
ATTACHMENT D
Section 2.1 Detail Maps
(Resolution Exhibit C)
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Coastal Land Use Plan
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ATTACHMENT E
Draft 03/08/07
Planning Commission minutes
5`t
0 0
•
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•
•
Planning Commission Minutes 03/08/2007 Page 11 of 13
loeffic
does not feel this is appropriate. Since this is a legislative act, there is no
treamline constraints and you can continue this item until whenever.
i was made by Commissioner McDaniel, and seconded by Commissic
to not recommend the General Plan Amendment 2005 -003 and deny
Map No. 2005 -135 (PA2005 -158).
hairman Cole noted that this is a tough decision. This situation could potentially
:t worse and suggests compromise. Absent the history, this is a reasonable
quest as it is a lot split that does not result in a larger density than adjacent lots,
is a unique comer lot with access, they are not asking to change the land use
mignation, and it has been determined that it is not a coastal bluff. The potential
iansionization" is a valid concern but with the approval of a development, the
anning Commission can condition the project. He asked if this could be
mtinued to allow time for the homeowner and neighbors to address their
mcems.
Dmmissioner Peotter noted his support of a continuation.
r. Lahijani noted his support of a continuation and would like to have a dialogue.
Dmmissioner Toerge noted we continued this a year ago, and look at what wei
)t. He is not supportive of a continuation. The neighborhood, not staff, shoul
Drk with the applicant.
ier Eaton noted the threshold issue is a policy issue that needs to
by City Council.
r. Lepo noted if this application is denied, it does not go on to City Council, only
is appealed either by the applicant or a member of the Council.
lowing a discussion on the legislative nature of the General Plan Amendr
cess and process of the applicant and or a member of the City Council to
this matter, substitute motion was made.
titute Motion was made by Commissioner Peotter, and seconded
nissioner Hawkins, to continue this item indefinitely to give the applicant
tunity to meet with staff to come up with a development agreement or sc
form to further condition the progress.
Eaton, Hawkins, McDaniel, Toerge and Hillgren
ain: None
on the original motion.
Ayes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren
Noes: Peotter
Abstain: None
ITEM NO.4
OBJECT: Local Coastal Plan Amendment No. 2007 -001 PA2007 -027
Coastal Land Use Plan Update (PA2007 -027) Recommended
Update the Coastal Land Use Plan to reflect the location, type, densities, and for approval
intensities of land uses established by the new Land Use Element and t
incorporate other new policies of General Plan. tj(0
file: //F: \Users\PLMShared\Gvarin\PC min etal\2007\03082007.htm 03/13/2007
Planning Commission Minutes 03/08/2007
Alford gave an overview of the staff report noting that this Amendment is par
the General Plan Implementation Program and is intended to update the LCF
astal Land Use Plan to reflect the relevant policies of the new General Plan.
)st of the changes are to the Land Use Section including a new land use
;rarchy, changes in land use on specific properties, and a new set of land use
licies. There are also changes to policies and narratives dealing with non
nforming structures, Harbor and Bay Element policies that are incorporated in
Hous sections of the Land Use Plan and Policies dealing with historic resource
then referenced a handout noting correction and clarifications. Section 2.1.
rrative designation is to be MU -W; the second is clarification of Policy 2.1.5 -
ding language so that the statement of the prohibition of free - standing residents:
limited to the MU -W areas in Lido Marina Village, Cannery Village, McFadde
juare, and Balboa Island. Additionally, there is revised language in the dra
>olution in Section 6 that cites specific State CEQA Guidelines. Additionally, th
id policies dealing with historic preservation, on pages 42 and 43, staff ha
termined that policies that 'encourage' preservation and policies 4.5.2 -2, 4.5.2 -
d 4.5.2 -4 should be eliminated as they are not necessary to implement thi
ction of the Coastal Act; staff originally put them there to supplement an
hance the existing section of the policy.
)mmissioner Hawkins noted his agreement with the proposals to eliminate 4.5.
and 4.5.2 -4, but doesn't agree about 4.5.2 -3. He suggested keeping it in as
fers to "encourage" the placement of historical landmark and not "require ". F
plauded staffs effort.
Eaton asked about the clarification language in the last sentence of
1.5 -1
Alford noted this is similar to what is in the Land Use Element. We wanted
ier clarify that we are not talking about the MU -W areas in Lido Peninsula a
iner's Mile.
missioner Eaton suggested to add, ....'in the MU -W classification." at the end.
agreed.
issioner Hawkins proposed to put it in the start of that last sentence so that
read, "In the MU -W designation, free - standing residential shall not k
led in Lido Marina Village, Cannery Village, McFadden Square, and Balbc
" so that it is clear that it applies to all those areas. It was agreed upon.
Toerge asked if the Policy 2.1.5 -8 ratio is new.
Alford answered no, it was in the old General Plan and is in the current LCP.
Toerge asked why the Committee did not go through this?
Alford noted this was presented at the first meeting of the committee and
=d for direction on how to proceed; it was indicated that it did not need to cc
k for review. (He read the excerpt from the General Plan).
comment was opened
comment was closed.
Eaton, Peotter, Hawkins, Cole,
None
and
Page 12 of 13
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ATTACHMENT F
Draft 03/08/07
Planning Commission Resolution
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•
•
5°,
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH
RECOMMENDING THAT THE CITY COUNCIL
APPROVE LOCAL COASTAL PROGRAM
AMENDMENT NO. 2007 -001 TO UPDATE THE
COASTAL LAND USE PLAN TO REFLECT NEW
GENERAL PLAN POLICIES
WHEREAS, on November 7, 2006, the City of Newport Beach adopted a
comprehensive update of the General Plan; and
WHEREAS, Implementation Program 5.1 of the new General Plan calls for
review and revision of the Local Coastal Program Coastal Land Use Plan for
consistency with the General Plan; and
WHEREAS, a public hearing was held on March 8, 2007, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS
FOLLOWS:
SECTION 1. The Local Coastal Program Amendment is necessary to update
the Local Coastal Program Coastal Land Use Plan to reflect the location,
type, densities, and intensities of land uses established by the new Land Use
Element and to incorporate other new polices of the General Plan.
SECTION 2. The Local Coastal Program Amendment updates the Coastal
Land Use Plan to include the relevant portion of the General Plan that is
sufficiently detailed to indicate the kinds, location, and intensity of land uses and
the applicable resource protection and development policies.
SECTION 3. The updated Local Coastal Program Coastal Land Use Plan is
intended to be carried out in a manner fully in conformity with the California
Coastal Act.
SECTION 4. The updated Local Coastal Program Coastal Land Use Plan
meets the requirements of, and is in conformity with, the policies of Chapter 3
(commencing with Section 30200) of the California Coastal Act.
SECTION S. The Local Coastal Plan Amendment will not become effective
until approval of the amendment by the California Coastal Commission.
�0Q
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 2
SECTION 6. Pursuant to Section 15168 of the State CEQA Guidelines, the
LCP Amendment has been found to be within the scope of the project
covered by the certified Final Environmental Impact Report (SCH No
200601 1 1 1 9) for the City of Newport Beach General Plan 2006 Update.
Pursuant to Sections 15162 and 15163 of the State CEQA Guidelines, no
subsequent EIR or supplement to the EIR is required because, on the basis
of substantial evidence in the light of the whole record, (1) the LCP
Amendment is consistent with the General Plan; (2) the LCP Amendment
presents no new effects that could occur that were not examined in the
Program EIR; and (3) there is no new information to suggest that new
mitigation measures are required.
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of
the City of Newport Beach approve LCP Amendment No. 2007 -001 (PA 2007-
027) to update the Local Coastal Program Coastal Land Use Plan as provided in
Exhibits A through C.
PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2007.
BY:
Jeffrey Cole, Chairman
n
Robert Hawkins, Secretary
AYES:
NOES:
ATTACHMENT F
03/08/07
Planning Commission Staff Report
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THIS PAGE INTENTIONALLY LEFT BLANK
•
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
March 8, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford(&city. newport- beach.ca.us
SUBJECT: LCP Amendment No. 2007 -001
CLUP Update (PA 2007 -027)
ISSUE:
Should the Coastal Land Use Plan be updated to reflect the location, type,
densities, and intensities of land uses established by the new Land Use Element
and to incorporate other new polices of General Plan?
RECOMMENDATION:
Adopt the attached resolution recommending City Council approval of LCP
Amendment No. 2007 -001.
DISCUSSION:
Background:
The Coastal Land Use Plan (CLUP) is the policy document of the City's Local
Coastal Program. Pursuant to the Califomia Coastal Act, the CLUP must include
the relevant portion of the City's General Plan that is sufficiently detailed to indicate
the kinds, location, and intensity of land uses and the applicable resource
protection and development policies.
Implementation Program 5.1 of the new General Plan calls for review and revision
of the CLUP for consistency with the General Plan.
On January 17, 2007, the General Plan/LCP Implementation Committee directed
staff to proceed with the CLUP amendment with the goal of submittal to the Coastal
Commission by April 27, 2007.
U�
CLUP Update
March 8, 2007
Page 2
Analysis
The goals and policies of the General Plan were written in consideration of the
CLUP and many of its policies were directly incorporated into the Land Use, Harbor
and Bay, Natural Resources, Recreation, and Safety Elements. However, the Land
Use Element has a different land use classification and density/intensity system
that needs to be incorporated into the CLUP. The General Plan update also
resulted in a number of land use changes in the coastal zone, including opening
new areas to residential and mixed -use development. Finally, the General Plan
contains 'a number of development and .resource protection policies that expand on
those contained in the CLUP. Therefore, several narratives, policies, and maps of
the CLUP will have to be updated to reflect these changes.
Translating Land Use Classifications
The Land Use Element depicts the general distribution of land uses through a set of
tables, figures, and maps. For most land use categories, densities and intensities
are not identified. Instead the reader is referred to Figure LU4 through Figure LU15
to identify the permitted density, floor area ratio, or cumulative development totals.
More precise development limits (e.g., number of hotel rooms, theater seats, tennis
courts, etc.) are identified on the Land Use Map by a symbol and refer, to the
Anomaly Locations Table (Table LU2).
Rather than duplicate the Land Use Element's complex system of tables, figures,
and maps in the CLUP, this information is summarized in a more conventional land
use classification hierarchy. A similar approach was used to translate the lengthy
narratives and allocation tables of the former Land Use Element when the CLUP
was first adopted. The intent is to provide a land use classification system that is
sufficient to meet the Coastal Act land use plan definition: "the relevant portion of
a local government's general plan, or local coastal element which are sufficiently
detailed to indicate the kinds, location, and intensity of land uses." This approach
will avoid the need to amend the CLUP for relatively minor General Plan
amendments, such as those required by Policy LU 4.2, which prohibits new
residential subdivisions that would result in additional dwelling units'.
Section 2.1 (Land Use) was revised to replace the current CLUP land use
categories with those of the 'Land Use Element. The names and designators of
1 The :City cannot approve a coastal development permit that is inconsistent with the General
'Plan. Therefore, the CLUP could not be used to approve a development that exceeds the density
or intensity limits set forth in the:Land Use Element. Furthermore, Policy 1.3 and Policy 2.1.1 -1
each state that "...in no case, shall the policies of the Coastal Land Use Plan be interpreted to
allow a development to exceed a development limit established by the General Plan or its
"implementing ordinances." These ,policies insure that the CLUP cannot be used to circumvent
the development limits of the Land .Use Element.
(0rD
CLUP Update
March 8, 2007
: Page 3
new CLUP land use categories are the same as those in the Land Use Element.
However, these categories are divided into subcategories with residential density
ranges identified in terms of the number of dwelling units per net acre and
nonresidential intensity ranges identified in terms of 'floor area to land area ratios
(FAR). For example, the General Commercial (CG) category is divided into CG-A
(0.50 FAR) and CG -B (0.75 FAR) to reflect the FAR ranges permitted by the Land
Use Element.
Coastal Land Use Plan Map
The'Coastal Land Use Plan Map (Exhibit 3) was updated to include the new land
classification hierarchy. This map provides a graphic representation of land use
polices by depicting the land use category for each property in the coastal zone.
In addition, detail maps (Exhibit 4) are provided to identify the districts and
corridors described in Section 2.1.
District/Conidor Policies
The updated CLUP incorporates the district and corridor policies for West
Newport, Mariners' Mile, the Balboa Peninsula, Balboa Island, the Newport
Dunes, and the Balboa Bay Tennis Club in new Sections 2.1.2 through 2.1.8.
These .policies are relevant because they provide additional emphasis on visitor -
serving, coastal- dependent, and other priority uses identified by the CLUP and
the Coastal Act. In addition, the narratives place the land uses in the context of
the overall vision for these areas. This information will support the case for the
proposed land use changes, particularly those involving new residential and mixed -
use development, when the LCP amendment is submitted to the Coastal
Commission.
District and corridor policies were also incorporated into Sections 2.3.1, 2.4.1, and
4.4.1.
Newport CoasbBanning Ranch
General :Plan .policies relating to
updated CLUP. Newport Coas t
currently effective Newport Coast
!Program.
Newport Coast were not incorporated into the
is governed by the .previously certified and
segment of the Orange County Local Coastal
The CLUP designates Banning Ranch as a deferred certification area due to issues
relating to land use, .the future of oil and gas .operations, :public :access and the
;protection of coastal resources. Although these 'issues are addressed in the
General -:Plan, their complexity could significantly prolong the review by Coastal
00
CLOP Update
March 8, 2007
Page 4
Commission staff and delay the update of the CLUP. Ultimately, Banning Ranch
may be incorporated into the City's LCP as a separate segment.
Nonconforming Structures
Section 2.2.5 contains policies that outline current Zoning Code limits on the
alteration of legally .established non- conforming structures and uses. This
section was updated to reflect the more generalized polices of the Land Use
Element. Updates were also necessary in order to avoid conflict. with Land Use
Element policies that allow the rebuilding of nonconforming commercial buildings
in Corona del Mar and Balboa Village.
Harbor and Bay Element Policies
The Harbor and Bay Element contains polices intended to preserve existing
commercial uses in the Harbor, which are not addressed in the CLOP. These
policies have been incorporated into Section 2.3 (Visitor- serving and Recreational
Development).
The Harbor and Bay Element also contains a policy that is intended to protect
coastal- dependent uses. This policy was added as Policy 2.4.1 -3 in Section 2.4
(Coastal - dependent/related Development).
Finally, the Harbor and Bay Element contains a policy calling for the creation of
waterfront public spaces and beaches, with adjacent water access and docking
facilities. This policy was added as Policy 3.1.1 -28 in Section 3.1.1 (Shoreline
Access).
Historic Resource Protection Policies
As stated earlier, the many CLUP policies were directly incorporated into the
General Plan. However, the Natural Resources Element contains some additional
information and policies relating to the protection of.histodc resources that should
be included in the updated CLUP. This information was incorporated into Section
4.5.2 (Historical Resources).
Other,Policies
The 'General Plan contains :numerous polices mating to neighborhood character
and community aesthetics. 'While these :policies are important 4o, ;protecting and
enhancing the overall quality of the City, they are not directly applicable to the
CLUP and the Coastal Act. Therefore, they were not included in the updated
CLUP.
U'A
CLUP Update
March 8, 2007
Page 5
Land 'Use Element Policy 'LU '2.7 prohibits the construction of new onshore oil
processing, refining or transportation facilities. This policy was originally included in
the original CLUP approved 'by the City. However, the Coastal Commission
required its deletion on grounds that the City could not have an outright prohibition
on activities permitted under the Coastal Act. Because the Coastal Commission is
not likely to change their position, this policy was not included in the updated CLUP.
Coastal Commission Issues
The Coastal Commission will review the LCP amendment for conformity with
Chapter 3 of the Coastal Act, which contains policies relating to development,
public access, recreation, and resource protection. The land use changes
involving a change from commercial to residential or mixed -use present the
greatest potential for controversy. This is particularly true for those areas that
were formally designated Recreation and Marine Commercial (CM) or Visitor
Serving Commercial (CV). Both the CM and VC categories were intended to
provide for the continuation of coastal- dependant, coastal - related, visitor - serving
uses, and other priority uses.
The City will need to emphasize that the new mixed -use categories and the
district policies provide for the continuation of priority uses. The City can also
present the addition of new CV designated areas in West Newport, Cannery
Village, and Balboa Village as expanding opportunities for priority uses.
Environmental Review:
Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment
has been found to be within the scope of the project covered by the certified Final
Environmental Impact Report (SCH No 2006011119) for the City of Newport
Beach General Plan 2006 Update because (1) the LCP Amendment is consistent
with the -General Plan; (2) the LCP Amendment presents no new effects that
could occur that were not examined in the Program EIR; and (3) there is no new
information to suggest that new mitigation measures are required. Therefore, no
new environmental document is required.
'Public Notice:
Notice of this hearing was published in the Daily Pilot a .minimum of 10 days in
advance of this :hearing consistent with the .Municipal •Code. Additionally, the
item appeared upon the agenda for this meeting, which was posted at City Hall
and on the City website.
�q
n
U
Prepared by:
atrick J. AP' rd
Senior Planner
.Exhibits:
• CLOP Update
March 8, 2007
Page 6
Submitted by:
David Lepo
Planning D ctor
1. Draft resolution.
2. Coastal Land Use Plan updated texts (Resolution Exhibit A).
3. Coastal Land Use Plan Map (Resolution Exhibit B).
4. Section 2.1 detail maps (Resolution Exhibit Q.
•
•
hi
PUBLIC HEARING
LCP Amendment No. 2007 -001
(PA2007 -027)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold
a public hearing on the application of the City of Newport Beach for Local Coastal Plan
Amendment No. 2007 -001.
The narratives, policies, and maps of the'Local Coastal Program (LCP) Coastal Land
Use Plan will be updated to reflect that location, type, densities, and intensities of land
uses established by the new Land Use Element and to incorporate other new polices of
General Plan adopted on November 7, 2006.
On July 25, 2006, the City Council of the City of Newport Beach adopted Resolution No.
2006 -005 certifying the Final Environmental Impact Report (SCH No 2006011119)' for
the City of Newport Beach General Plan 2006 Update. General Plan 2006 Update EIR
is a program EIR. Pursuant to Section 15168 of the State CEQA Guidelines, the LCP
Amendment has been found to be within the scope of the project covered by the
certified Program EIR because (1) the LCP Amendment is consistent with the General
Plan; (2) the LCP Amendment presents no new effects that could occur that were not
examined in the Program EIR; and (3) there is no new information to suggest that new
mitigation measures are required. Therefore, no new environmental document is
required.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on
March 27. 2007, at the hour of 7:00 p.m. in the Council Chambers of the Newport
Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time
and place any and all persons interested may appear and be heard thereon. If you
challenge this project in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City at, or prior to, the public hearing. For information
call (949) 644 -3200.
Vodka 3N 67,
ed
a -0
I
"I. M
LaVomie M. Harkless, City Clerk
City of Newport Beach
311y1 O
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number AR�O F IVE D
September 29, 1961, and A -24831 June l 1, 1963. L 1-
2a7 I-IAJ ?6 N 9: _t3
PROOF OF PUBLICATION
LaVDnne M. Harkless.
City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot March 17, 2007
Sa702
PUBIK HUM
UP Aimilti n A M7,
20W41 ft=W
S HEREBY
STATE OF CALIFORNIA)
''6ht`ENIC that the
Council of the City of
ss.
Newport Beach will hold
a public hearing on the
application of the City
COUNTY OF ORANGE )
of Newport Beach For
Local Coastal Plan
Amendment Na. 2007
001.
I am a Citizen of the United States and a
The narratives, poli-
ties, and maps of the
Local Coastal Program
resident of the County aforesaid; I am
(LCP) Coastal Land Use
Plan will be updated to
over the age of eighteen years, and not a
type. t that °aatl in.
pe. densities, and in
parry to or interested in the below entitled
tensilies of land uses
established by the new
matter. I am a principal clerk of the
Land p Element and
to inccur or orate other
new polices of General
NEWPORT BEACH - COSTA MESA
Plan adopted on Novem
her 7, 2006.
DAILY PILOT, a newspaper of general
On July 25. 2006. the
City Council of the City
circulation, printed and published in the
of Newport Beach
adopted Resolution No.
City of Costa Mesa, County of Orange,
2006.005 certifying the
Final Environmental Im
pact Report (SCH No
California,
State of and that attached
2006011119) for the
City of Newport Beach
Notice is a true and complete copy as
date'Ge e'rral PIlaann 2006
was printed and published on the
Update EIR is a program
EIR. Pursuant to Section
following dates:
15168 Guide ofthe State CEQA
Guidelines. the LCP
Amendment has been
found to be within the
scope of the project
covered by the certified
Program EIR because
(1) the LCP Amendment
MARCH 17,2007
is consistent with the
General Plan: (2) the
LCP Amendment
presents no new effects
that could occur that
were not examined in
the Program EIR; and
I declare, under penalty of perjury, that
(nf there it no
information to suggest w
the foregoing is true and correct.
that -new mitigation
measures are
Therefore, no new envy
new en ,
ronmental document is
eT .
Executed on MARCH 17y 2007
NOTI CE
NOTICE IS HEREBY
IFURTHER GIVEN that
at Costa Mesa California.
said public hearing will
be held on
+
March 27. 2007. at the
hour of 7:00 p.m. in the
/j
Coun""I Chambers of the
Newport Beach City
Hall, 3300 Newport
Beach,
California. Newport Beach,
Califo at which time
and place any and all
Signature
persons interested may
appear and be heard
thereon. If you challenge
this project in court,
you may be limited to
raising only those issues
you or someone else
raised at the public
hearing described in this
notice or in written cor-
respondence delivered
to the City at, or prior
to, the public. hearing.
For information call
(949) 644 -3200.
LaVDnne M. Harkless.
City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot March 17, 2007
Sa702
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See file 68 for
Local Coastal Program
Coastal Land Use Plan
Dated March 2007