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HomeMy WebLinkAbout16 - Local Coastal Program Amendment 2007-001 - PA2007-027CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department James Campbell, Senior Planner (949)644 -3210 i cam pbell(a)city. nenort- beach.ca.us SUBJECT: LCP Amendment No. 2007 -001 CLUP Update (PA 2007 -027) On March 27, 2007, the City Council approved the Local Coastal Program Amendment No. 2007 -001 by adopting Resolution No. 2007 -20. The amendment reflected the location, type, densities, and intensities of land uses established by the new Land Use Element and other new polices of the General Plan. The amendment was submitted to the California Coastal Commission in late April of 2007 and the application was deemed incomplete due to the fact that the draft of the amendment was not made available 6 weeks prior to adoption pursuant to Section 13515(c) of the California Code of Regulations. Re- adoption of the amendment, with proper notice of the availability of the draft amendment, is necessary 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, CLUP Update (LC2007 -001) November 5, 2007 Page 2 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. 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. Several narratives, policies, and maps of the CLUP were updated to reflect these changes: Land Use Elements 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 use 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 included in the General Plan. 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 policies 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 (LC2007 -001) November 5, 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 concemed 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 Upon re- adoption of LCP amendment at the conclusion of the public hearing, staff will submit the approval to the Coastal Commission at the earliest possible convenience. 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 action. 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. CLUP Update (LC2007 -001) November 5, 2007 Page 4 Public Notice Notice of the availability of the draft amendment was make available to a list of interested parties and agencies 6 weeks in advance of this hearing. Notice was provided on July 30, 2007, and it is attached to this report. 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. Prepared by: 'w 64 James Campbell Senior Planner Attachments: Submitted by: David Lepo Planning Di ector A. Draft resolution. Coastal Land Use Plan updated texts (Resolution Exhibit A). Coastal Land Use Plan Map (Resolution Exhibit B). Section 2.1 detail maps (Resolution Exhibit C). B. Planning Commission Record Minutes, Resolution & Staff report (03108107). C. Notice of Availability & mailing list Intentionally Blank 5 Attachment A Draft resolution Coastal Land Use Plan updated texts (Resolution Exhibit A) Coastal Land Use Plan Map (Resolution Exhibit B) Section 2.1 detail maps (Resolution Exhibit C) 19 Intentionally Blank I 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 Amendment was held by the City Council on March 27, 2007, in the City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, on July 30, 2007, a notice of the availability of a draft amendment of the City Coastal Land Use Plan was provided in accordance with Section 13515(c) of the California Code of Regulations; and WHEREAS, a public hearing on the Coastal Land Use Plan Amendment was held by the City Council on November 13, 2007, in the City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the City Council finds as follows: 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. El 4. The updated Local Coastal Program Coastal Land Use Plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act. 5. Pursuant to Section 15168 of the State CEQA Guidelines, the LCP Amendment has been found to be within the scope of the project covered by the certified Final Environmental Impact Report (SCH No 2006011119) for the City of Newport Beach General Plan 2006 Update. Pursuant to Sections 15162 and 15163 of the State CEQA Guidelines, no subsequent EIR or supplement to the EIR is required because, on the basis of substantial evidence in the light of the whole record, (1) the LCP Amendment is consistent with the General Plan; (2) the LCP Amendment presents no new effects that could occur that were not examined in the Program EIR; and (3) there is no new information to suggest that new mitigation measures are required. NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned findings, the City Council hereby approves the Local Coastal Plan Amendment No. 2007 -001 (PA 2007- 027) to update the Local Coastal Program Coastal Land Use Plan as provided in Exhibits A through C. BE IT FURTHER RESOLVED, the City Council of the City of Newport Beach hereby authorizes submittal of the Coastal Land Use Plan to the Coastal Commission for formal review and approval; and BE IT FURTHER RESOLVED, formal adoption of the Coastal Land Use Plan by the City of Newport Beach shall require a separate action by the City Council following Coastal Commission approval. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on November 13, 2007, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS I�IFilG1 ATTEST: CITY CLERK 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 Us° Desi atian- Cateeaones Policy 2.1.1 -1 The following land use- designatkms categories in Table 2.1.1 -1 establish the type, density and intensity of land uses within the coastal zone. If there is a conflict between the development limits of the Land Use Element and the Coastal Land Use Plan, the provision that is most protective of coastal resources shall take precedence. However, in no case, shall the policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a development limit established by the General Plan or its implementing ordinances. Table Categories LatdUe,Cafe —' . Usas,_ = lea '%lllf7slfy,..:„ Residential Neighborhoods Single Unit Residential Detached —RSD The RSD category applies to a range of detached single- family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. RSD -A 0.0 – 5.9 DU/AC RSD-B 6.0 – 9.9 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-13 6.0- 9.9DU/AC RSA -C 10.0 –19.9 DU/AC RSA -D ZO .0 – 29.9 DU/AC Two Unit Residential —RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. RT -A 0.0 – 5.9 DU /AC RT -B 6.0 – 9.9 DU /AC RT -C 10.0 –19.9 DU/AC RT -D 1 20.0 – 29.9 DU/AC Local Coastal Program Coastal Land Use Plan Exhibit A 2 -1 to Table 2.1.1-1 Land Use Plan Categories Land (1se.Ca fj§ wn efisdk.. eAw- RT-E 300 - 39.9 DU/AC Multiple Unit Residential--RM The RM category is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. i RM-A 0.0= 5.9 DU/AC RM-B 6.0 -9.9 DU/AC RM-C 10.0 -19.9 DU/AC RM-D 20.0 - 29.9 DU/AC RM-E DU /AC 30!9 DU/AC :3 RM-F 45 0:9-9 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. VIsItorServing 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 Table 2.1.1-1 Land Use Plan Categories Law Cate 'o {lses, peR '' Ante 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 area to land ratio of 0.35 structures that vertically integrate housing with and maximum of 0. shall Mixed Use Vertical— retail retail uses, where the ground floor shall be be used for nonresi dential MU -V 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 to land area ratio of 0.25 and the development of areas for a horizontally maximum 0.5 shall be used distributed mix of uses, which may include for retail uses and maximum 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 we. Mired -Use Buildings: Floor area to land ratio of 1.5; where a minimum floor am 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 not acre. Public, Semi - Public and Institutional Local Coastal Program Coastal Land Use Plan Exhibit A 2 -3 J2 Table Categories Lana?I'Use Cat = °' tsar D Ihrtatrs Not applicable. School districts are exempted from local land use controls and development limits are The PF category is intended to provide public not specified. f�velities facilities, including public schools, cultural intensities for other f Public Facilities —PF institutions, government facilities, libraries, public institutions are community centers, public hospitals, and public more appropriately utilities. determined by their function rather than floor areas, such as number of hospital beds and number of students. Private Institutions —PI The PI category is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, PI -A 0.00 – 0.30 FAR PI -B 0.00 – 0.75 FAR PVC museums, yacht dubs, congregate homes, and 0.00 –1.00 FAR comparable facilities. Open spaces may include incidental The OS category is intended to provide areas buildings, such as Opens Space —OS for a range of public and private uses to protect, maintenance dui and supply maintain, and enhance the community's natural storagge e, , which are not resources. traditionally included in determining intensity limits. Not applicable for public uses. Private uses in this category may include incidental The PR category applies to land used or buildings, such as proposed for alive 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 determining intensity and courts, private recreation, and similar limits. For golf facilities. courses, these uses may also include support facilities for grounds maintenance employees. Local Coastal Program Coastal Land Use Plan Exhibit A 2-4 13 Table Plan Categories LarriitJsaCate 17f3ns''1lntans The TS category is intended to address the use, management, and protection of tidelands Tidelands and and submerged lands of Newport Bay and the Submerged Lands —TS Pacific Ocean immediately adjacent to the City Not applicable. of Newport Beach. The category is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. Notes.' Residential densities are calculated on net acreage, exclusive of existing and new dghts -of -way, public pedestrian ways, and neighborhood parks. Floor area ratios (FAR) are calculated by the gross floor area of all buildings on a lot divided by the lot area, but do not include floor areas of parking structures. 2.1.2 DistrieVCorridor Policies Districts are uniqueiv identifiable by their common functional role, mix of uses, densityfintensity, physical form and character,,-. andlor 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 housinq heeds. 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 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 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 Highway Corridor extends from Summit Street to just past residential neighborhood south of Coast Highway, and beach visitors. Commercial 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 19 although some motels have been recently upqraded. are also located along the Slough. A mobile home park containing older units, many the proposed Orange Coast River Park. Coast Highway fronting properties in West Newport will be improved by support the proposed Orange Coast River Park. Policies: residential on all or portions of the property not used for open space. 2.1.32. 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 Local Coastal Program Coastal Land Use Plan Exhibit A 2f 15 apartments located on City tidelands. A number of properties contain non - marine commercial uses offices and amulti -story residential building The vitality of the Mariners' Mile Corridor will be enhanced by establishing a series of distinct retail, mixed -use and visitor - serving centers. Harbor- fronting properties would accommodate a mix of visitor - serving retail and marine - related businesses, with Portions of the properties available for housing and mixed -use structures. View 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. mixed -use "village' containing retail businesses, offices, services and housing. Sidewalks would be improved with landscape and other amenities to foster, Pedestrian activily. Inland properties directly frontinq 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. and V portions of properties to the rear of the commercial frontage may be developed for free - standing neiqhborhood - serving retail, multi- CV, or MU -V categories respectively. 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 16 VARM-BIM mix of visitor - serving, retail small overnight accommodation facilities and housing. Throughout the Peninsula priority is established for the retention of marine - related uses. Lido Village includes visitor - serving commercial uses specialty stores and marine uses. Lido Marina Village has experienced a high number of building vacancies and many Cannen+ Village facilities, appears to be an emerging trend. Older developments include some single - family residential units combined with commercial uses on single lots. particularly on the waterfront. The goal in Cannery Village is a pedestrian - oriented residential neighborhood that parcels developed for mixed -use or free- standing housing and a mix of madne- Local Coastal Program Coastal Land Use Plan Exhibit A 2-8 J--I 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 related uses fronting the harbor. Numerous visitor - serving uses include restaurants. beach hotels, tourist - oriented shops (t-shirt shops bike rentals and surf shops), as well as service operations and facilities that serve the Peninsula. There are several shipbuilding and repair facilities and boat storage on the harbor, some of which have been in continuous operation for over fiftyyears. Public parking 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 bay front, serving visitors and Local residents. Lido Peninsula categories respectively. recreational boaters. summer residents and beachgoers. Many of the retail uses 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 ssignage 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 Exhibit A 2 -9 IIE 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 Igl8tM Peninsula . recreation. the area's pedestrian character. MU -V categories. Free - standing residential shall not be permitted. 2.1.5 -5. For interior parcels in Cannery Village and at 15"' Street (designated as MU -H), permit mixed -use structures where the ground floor shall be restricted to nonresidential uses along the street frontage such as retail sales and restaurants and the rear and upper floors used for residential including seniors units and 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 19 2.1.5 -6. Allow retail and visitor - serving commercial along 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 ground level retail. percent of the land area. One residential dwelling unit is allowed for each 2.900 square feet of lot area. 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 around level retail or office uses. 2.1.6 Balboa Island Marine Avenue is a two -block retail district on Balboa Island. Marine Avenue reflects the unique characteristics of the Balboa Island community. Balboa Island is known for its casual and laid -back lifestyle and Marine Avenue serves as its town square. Marine Avenue has a number of small - scale, locally -owned businesses, including restaurants, retail shops, art galleries, and services. This small -town downtown atmosphere has made Marine Avenue a popular visitor destination. Although Marine Avenue does not have the typical "tourist- driven" mix of shops and businesses, visitors are drawn there to experience a Southern California coastal island community. The number and variety of businesses cannot be supported by the local economy alone and without local support, most of these businesses could not survive year- round. Therefore, the continued success of the retail economy on Marine Avenue is contingent on businesses that serve both local residents and visitors. Policy 2.1.6 -1. On Marine Avenue and Agate Avenue (designated as MU-Wi 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 cateaorv. Free- standing residential shall not be permitte d Local Coastal Program Coastal Land Use Plan Exhibit A 2 -11 1 4• 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 apex+ spaGe-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 and coastal bluffs. +, i6. homes. categories. W .- .. OtIC .. . _.. ... s Local Coastal Program Coastal Land Use Plan Exhibit A 2 -12 ZI Coastal Land Use Plan Map The Coastal Land Use Plan Map depicts the land use - 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. Policy-24-.24_2.1.9-1. Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. Local Coastal Program Coastal Land Use Plan Exhibit A 2 -20 Z? 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 nonconforminq structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, accident may be allowed in limited circumstances that do not conflict with other policies and of the Coastal Land Use Plan. 1 0:11 2.2.5 -2. In older commercial districts, allow existing commercial buildings that exceed current intensi limits to be renovated upgraded. or reconstructed to their pre - existing intensity when appropriate to complement the scale and form of existing development. Exhibit A 30 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 3I 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. community/regional interest. Exhibit A 3Z Revisions to Section 2.4.1 2.4.1 Commercial Newport Harbor supports a wide range of coastal- dependent and coastal- related commercial uses. These include passenger /sightseeing boats, passenger /fishing boats, boat rentals and sales, recreational equipment rentals, entertainment boats, boat/ship repair and maintenance, and harbor maintenance facilities. These uses play an important role in the character of the harbor and provide the services necessary to sustain one of the world's great small boat harbors. Over the past 20 years, a number of marine - related businesses and industries in Newport Beach have moved to inland areas. This is reflective of a regional trend, largely due to increased environmental regulation in California affecting fiberglass manufacturing processes, as well as real estate price inflation in coastal communities. The Recreational and Marine Commercial (CM) des igraatiera -land use categoN 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 -W1 land use categories located on or near the Policies: 2.4.1 -1. Give priority to coastal- dependent uses over other uses on or near the shoreline. 2.4.1 -2. When appropriate, accommodate coastal - related developments within reasonable proximity to the coastal- dependent uses they support. 2.4.1 -3. Discourage re -use of properties that result in the reduction of coastal- dependent commercial uses. Allow the re -use of proper8es that assure coastal- dependent uses remain. especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated proiect. 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 33 Revisions to Section 2.4.1 2.4.1 -45. Maintain the Recreational and Marine Commercial (CNt7 desigaafion land use cats ory and allow CM uses in the mixed Use land use categories (MU-V, MU -H. and.MU -VeO 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 3� 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 with adiacent water access and docking facilities that serves as the identity and activity ` "aenters" of �lewpart Harbor for special events of community /regional interest. Exhibit A 36 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 Cie ar 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. M Modulation of building volume and masses. Variation of building heights. • Minimization of landscape, fencing, parked cars and other nonstructural elements that block views and access to the Harbor. shall be subject to approval in the coastal development plan review process. 4.4.1 -89. 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 -910. Where feasible, provide public trails, recreation areas, and viewing areas adjacent to public coastal view corridors. Exhibit A 3C Revisions to Section 4.4.1 Policies 4.4.1 -4011. 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 3'7 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 Flight (No. 775). Commemorates the May 10, 1912 flight of Glenn L. Martin from the waters of the Pacific Ocean at Balboa to Catalina Island, the first water -to -water flight. • McFadden Wharf (No. 794). The site of the original wharf built in 1888 by the McFadden brothers. • Balboa Pavilion (No. 959). Built in 1905, it is one of California's last surviving examples of the great waterfront recreational pavilions from the turn of the century. There are also three properties that are listed in the National Register of Historic Places: • Balboa Inn. Built in 1929, the Balboa Inn is representative of Spanish Colonial Revival architecture and beachfront tourist development. • Balboa Pavilion. Built in 1905, the Balboa Pavilion is one of California's last surviving examples of the great waterfront recreational pavilions from the turn of the century. • Lovell Beach House. Built in 1926, the Lovell Beach House was designed by Rudolf Schindler and is considered the first pure International Style house built in America. 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 Buildino --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 3s Revisions to Section 4.5.2 ® Bank of Balboa/Bank of America --Bank of Balboa Bank of America. provided services from 1928 to 1984 (now demolished }. ® Our Lady of Mount Carmel Church. The City of Newport Beach has also listed seven properties in the Newport Beach Register of Historical Property in recognition of their local historical or architectural significance. In addition to the Balboa Pavilion and the Balboa Inn, the Newport Beach Register of Historical Property includes: • Rendezvous Ballroom Site. Destroyed by fire in 1966, the Rendezvous Ballroom was a popular Balboa dance hall that featured numerous famous Big Bands of the 1930's and 1940's. • Wilma's Patio (formally Pepper's Restaurant). Located on Balboa Island, the exposed structural components of Pepper's Restaurant are timbers used in the original Balboa Island Bridge and McFadden Wharf. • Balboa Theater. Built in 1928, the Balboa Theater is a former vaudeville theater that one time housed an infamous speakeasy during Prohibition. • Balboa Saloon. The 1924 building. is representative of Newport's nautical history and Main Street commercial masonry style. • Dory Fishing Fleet. The Dory Fishing Fleet is located adjacent to Newport Pier. The fleet and open -air fish market has operated there since its founding by a Portuguese fisherman in 1891. The last remaining fleet of its type, it is a historical landmark designated by the Newport Beach Historical Society. It is a general policy of the City that an area immediately west of the Newport Pier be reserved for the Newport Dory Fishing Fleet. 4.5.2 -1. GaatOue-te- Maintain and periodicaliv update the Newport Beach Register of Historical Property for buildings, objects, structures, and monuments having importance to the history or architecture of Newport Beach and require photo documentation of inventoried historic structures prior to demolition. 4 .6.2 2. 11, therr l ti8rt 0f the State al Building r� ro e,St2Fi�a, afig h3 ildiRg . StFUGNIPPS listed iR the w3on. paFt Beach Reg ster of kf+stafieal Pmperty 4.5.2 -32. 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 3; Revisions to Section 4.5.2 Beach Register of Historical Property in exchange for preservation easements. 4.5.2 -43. Continue to allow the Dory Fishing Fleet to be launched and stored and to sell fish on the public beach adjacent to Newport Pier within reasonable limits to protect the historical character of the fleet, the coastal access and resources, and the safety of beach users in the vicinity. Exhibit A yD i� M M. • PewYben lY. M1,v Nn •••. .•. r m / r.mw e.rc¢.e., n... -rn .os�� m emn PMOb� - , / �/�. a•ll i ..n.YC�,.,nmm yam+ +od City of Newport Beach, California Local Coastal Program Coastal Land Use Plan /t Ii .mnn, Coastal Land Use Plan Map 7 N .m.w.n. u....m Yp.k mllluYmYN.ROrpN -NO "NF . u M4Mml,m_At� rre.a.mn�w ®mu ... s� GM101SUNIWiW.4c Wmay �smmnMr�Ca yG�uypN�dlN�laAmmn, W cm Sv ry N,q,MYMCaaseeM_GV ae M Z Z Pe 0®I�v1lpC - "LOO YLssYYU N�ru PM1LfilYU 1. wn,ro M.Pn.ownn. M pe..af un. ;.r ._..c. -..I N, Drift PR RT-D PR CV -A 1 - _ PF _ ' / .0 j RT -D _ � i , , C� Rr -D - f RT D_; - RT -D i lL _`bP; l PF - Tr / ( t M PR V;i tl;c UfCJl1 I a9una Reath 15th Street ;. Figure 2.1.5 -2 ."A Local Coastal Program Coastal Land Use Plan Icp_lu amantl_151n_streeLmxtl FeEmaryl20W w E) p 125 250 500 Foe1 TS 1 IJPIIJVP IJIPrrV vv����••v•v..... Figure 2.1.6 -1 `•� Local Coastal Program Coastal Land Use Plan .N N Balboa Bay Tennis Club Figure 2.1.8 -1 Local Coastal Program Coastal Land Use Plan f t� .—d Rama term ..e FMN.,13007 0 260 60o 1.000 0 MU -v i I RTE -.. .. cny w Layune aexh Balboa Village Figure 2.1.5 -3 Local Coastal Program Coastal Land Use Plan nwinoa A..e .d FeMu.n 007 V� PF V Q-J �v TS - -RT -E - Cmla _ C C Irvine h y �� PecTC OCean� � Balboa Village Figure 2.1.5 -3 Local Coastal Program Coastal Land Use Plan nwinoa A..e .d FeMu.n 007 V� PF V Q-J �v TS - -RT -E - -�RS --ter TURNING BASIN Paclfin Ocean Cfty . �gun a Lido Village / Cannery Lido Peninsula ! McFadden Figure 2.1.5 -1 LocalC oastal Program Coastal Land Use Plan ,\�—kp_W_amend bGO_ran y mdadden.MAF eUUa =7 i TS e 0 250 500 1.000 Feel A H PR M PF TURNING MU_W- M MU BASIN TS ���MU -W /:..._ oc a caya Cmb Neaa Pacak Ocean L e cay erkhn. r 9u. Ciryor r+. ,�.;Feanna Baacn +.J C Mariner's Mariner's Mile �.' Figure 2.1.4 -1 _ Local Coastal Program Coastal Land Use Plan Icp_lu amentl weelmarlian mlb.mre FeWn QC Coastal Zone Boundary -W e 0 266 510 1.010 Feel IDS I RS !; cxy m — _......... Newport Dunes Figure 2.1.7 -1 Local Coastal Program Coastal Land Use Plan Icp_lu eMend _newpou_ dune.. mA Feemer,0007 _L TS PR NEWPORT DUNES YACHT BASIN G 0 250 500 1,000 Feat i � os f t _ �l City Boundary RS� \ ;i Banning Ranch j C \ / Deferred Certification Area PR Ciry ellrvinr J � \ �\ r-� Paciec OCean cm .fi v V PR B C ym,e.acr - West Newport e Figure 2.1.3 -1 °rte --ter o 25s 510 Local Coastal Program t,o20 fee Coastal Land Use Plan I,JL.m.nd were n.P.rt_.&Md FeE .q=7 Intentionally Blank 5v Attachment B Planning Commission Record Minutes, Resolution & Staff Report from 03/08/07 S-1 Intentionally Blank Planning Commission Minutes 03/08/2007 Page 12 of 15 M . ahijani noted his support of a continuation and his desire for dialogue. Commiss er Toerge noted we continued this application a year ago, and look a hat we go . e is not supportive of a continuation. The neighborhood, not staff, hould work wit a applicant. Commissioner Eaton d the threshold for General Plan Amendment lot splill issue is a policy issue tha eds to be determined by City Council. Mr. Lepo noted if this applicatio 's denied, it does not go on to City Council, unless it is appealed either by the ap ant or a member of the Council. Following a discussion on the legislative n re of the General Plan Amendmen process and process by which applicant or a ber of the City Council can call p this matter, substitute motion was made. ubstitute Motion was made by Commissioner Pe r, and seconded by ommissioner Hawkins, to continue this item indefinitely to i e the applicant the pportunity to meet with staff to come up with a development a ement or some ther form to further condition the progress. Ayes: Peotter and Cole Noes: Eaton, Hawkins, McDaniel, Toerge and Hillgren Abstain: None Vote on the original motion. Ayes: Eaton, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: Peotter Abstain: None �L OBJECT: Local Coastal Plan Amendment No, 2007 -001 ITEM N0.4 PA2007 -027 Coastal Land Use Plan Update (PA2007 -027) Update the Coastal Land Use Plan to reflect the location, type, densities, and Recommended for approval by intensities of land uses established by the new Land Use Element and to City Council incorporate other new policies of General Plan. Mr. Alford gave an overview of the staff report noting that this Amendment is part of the General Plan Implementation Program and is intended to update the LCP Coastal Land Use Plan to reflect the relevant policies of the new General Plan. Most of the changes are to the Land Use Section including a new land use hierarchy, changes in land use on specific properties, and a new set of land use policies. There are also changes to policies and narratives dealing with non- conforming structures, Harbor and Bay Element policies that are incorporated in various sections of the Land Use Plan, and Policies dealing with historic resourc protection. Mr. Alford then referenced a handout noting corrections and clarifications. Section .1.5 narrative, designation is to be MU -W; the second is clarification of Policy .1.5 -1 adding language so that the statement of the prohibition of free - standing residential is limited to the MU -W areas in Lido Marina Village, Cannery Village, McFadden Square, and Balboa Island. Additionally, there is revised language in r http: / /www. city. newport- beach. ca.usIP1nAgendas /mn03- 08- 07.htm 11/05/2007 Planning Commission Minutes 03/08/2007 draft resolution in Section 6 that cites specific State CEQA Guidelines. Iditionally, relative to the land use policies dealing with historic preservation, or ges 42 and 43, staff has determined that policies that 'encourage' preservatior d policies 4.5.2 -2, 4.5.2 -3 and 4.5.2 -4 should be eliminated as they are no cessary to implement this section of the Coastal Act; staff originally put them it supplement and enhance the existing policy section. )mmissioner Hawkins noted his agreement with the proposals to eliminate 4.5. and 4.5.24 but doesn't agree about 4.5.2 -3. He suggested keeping it in as fens to "encourage" the placement of historical landmarks and not "require ". F tplauded 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. nissioner Eaton suggested to add: " ....in the MU -W classification." at Staff agreed. ssioner 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 t Bd 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 sl asked for direction on how to proceed; it was indicated that it did not need to back for review. (He read the excerpt from the General Plan). comment was opened comment was closed. .was made by Commissioner Hawkins and seconded by Commission to recommend City Council approval of LCP Amendment No. 2007 -001 and amend the Coastal Land Use Plan to reflect the new General PI as modified. Hawkins noted this should be reviewed by the Eaton, Peotter, None None Page 13 of 15 5Y http: / /www.city.newport- beach. ca.usiP1nAgendas /mnO3- 08- 07.htm 11/05/2007 I,Sa HLE COPY RESOLUTION NO. 1716 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 5. The Local Coastal Plan Amendment will not become effective until approval of the amendment by the California Coastal Commission. SS City of Newport Beach Planning Commission Resolution No. _ Page 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 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 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. AYES: Eaton, Peotter, Hawkins Cole McDaniel. Toeme and Hiilgren NOES: None W4 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 polLord@city.namort-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? 1 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 poky document of the City's Local Coastal Program. Pursuant to the California Coastal Act, the CLUP must holude 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 8, 2007 Page 2 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 arid Bay, Natural Resources, Recreation, and Safety Elements. However, the Land Use Element has a different land use classification and densityfintensiity 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 to 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 Anomaiy Locations Table (Table LU2). Rather than duplicate the Land Use Elements 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 ' 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 intently limits set forth in the Land Use Element Furthermore, Policy 1.3 and Policy 21.1 -1 each statethat "...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 .b circumvent the development limits of the Land Use Element -CLU. P 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 iderrtified in terms of floor area to land area ratios IFAR). 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. DisfricbCorfidor Porrcies 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 Rang General 'Plan .policies relating to Newport Coast were not incorporated into the Updated CLUP. Newport Coast is governed by the previously certified and currently effective Newport Coast segment of the Orange County Local Coastal P.rogram. 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 0 CLUP )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 LOP as a separate segment. Alonconihn ing Structures Section 2.2.6 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 Poixties The Harbor and Bay Element contains polies intended to preserve emoting commercial uses in the Harbor, which are not addressed in the CLUP. These policies have been incorporated into Section 2.3 (Visitor- serving and Recreational Development). The Harbor and Bay Element also contains .a poky that is intended to protect coastaklependent uses. This policy was added as Policy 2.4.1 -3 in Section 2.4 (Coastakiependentlrelated 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 (ShorreCme Access). Historic Resource Protbdw Policles 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 historic resources that should be included in the updated CLUP. This information was incorporated into Section 4.5.2 (Historical Resources). 0awpolicles The 'General Plan contains numerous polies relating to neighborhood character and community aesthetics. 'Hllhile these :policies are important 3o ;protecting and enhancing the overall quality of the City, they are not direccYyy applicable to the CLUP 'and the Coastal Act. Therefore, they were clot induded in the •updated CLUP. .• CLUP Update March 8, 2007 Page 5 Land Use dement 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. ftblic Notice: Notice of this hearing was published in the Dally Pilot a minimum df 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 websfte. 61 Prepared by: Patrick J. Alf rd Senior Planner Exhibits: • • GLUP Update March 8, 2009 Page 6 Submitted by: i �. -.. F 1. Draft resdutlon. 2. Coastal Land Use Plan updated Wds (Resolution Exhibit A). 3. Coastal Land Use Plan Map (Resolution Exhibit B). 4. Section 2.1 detall maps (Resolution Exhibit C). 10 0 621, Attachment C Notice of Availability & mailing list 63 Intentionally Blank bq CITY OF NEWPORT BEACH Notice of Availability Local Coastal Program Coastal Land Use Plan Update The City of Newport Beach is in the process of updating its Local Coastal Program (LCP). Pursuant to the Coastal Act, each local government lying, in whole or in part, within the coastal zone is required to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. After a LCP is adopted locally, the LCP must be certified by the California Coastal Commission. After certification of an LCP, coastal development permit authority is delegated to the local govemment. The Coastal Commission retains original permit jurisdiction over certain specified lands (public trust lands such as tidelands) and has appellate authority over development approved by local govemment in specked geographic areas. The Coastal Act and the California Coastal Commission were established by voter initiative in 1972 (Proposition 20) and made permanent by the Legislature in 1976. The Coastal Act includes speck policies that address issues such as shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. A LCP consists of a land use plan and an implementation plan. The land use plan indicates the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions. The implementation plan consists of the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan. The first part of the LCP, the Coastal Land Use Plan, was prepared by the City and certified by the California Coastal Commission on October 13, 2005. The implementation plan was not prepared, however. Since that time, the City of Newport Beach adopted a comprehensive update of its General Plan. Due to the changes in the kinds, location, intensity of land uses as a result of the 2007 General Plan, an update of the Coastal Land Use Plan is necessary to make it consistent with the new General Plan. The City of Newport Beach will be holding public hearings on the proposed amendment of the Coastal Land Use Plan in the coming weeks. The second part of the LCP, the implementation plan, will be prepared after the amended Coastal Land Use Plan is certified by the Coastal Commission. Pursuant to the Coastal Act, the City of Newport Beach seeks to provide maximum opportunities for the participation of the public and all affected governmental agencies in the preparation and certification of the Coastal Land Use Plan. Copies of the draft amendment of the Coastal Land Use Plan can be viewed at the Planning Department office at City Hall and at all branches of the Newport Beach Public Library. A limited number of copies are also available at the Planning Department office for a two -week loan. Copies are also available for purchase at a nominal cost. The Coastal Land Use Plan and the pending amendment to the plan are also available in PDF format at the City of Newport Beach Internet site at htto://www.city.newport- beach.ca.usiPlniLCP/LCP.htm. If you have any questions, please call James Campbell, Senior Planner at (949) 644 -3210 or e- mail to JCamobelICcDcity.newport- beach.ca.us. Date: July 30, 2007 &'5� City of Costa Mesa Development Services Department Mike Robinson 77 Fair Drive, 2nd Floor Costa Mesa, CA 92628 City of Laguna Beach Community Development John Montgomery 505 Forest Avenue Laguna Beach, California 92651 Army Corps of Engineers 911 Wilshire Blvd Los Angeles, CA 90017 University of California Irvine Campus and Environmental Planning 750 University Tower, Irvine, CA 92697 -2325 California Dept. of Toxic Substances Control Environmental Review P.O. Box 806 Sacramento, CA 95812 -0806 State of California Office of Historic Preservation P.O. Box 942896 Sacramento, CA 94269 Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 South Coast Air Quality Management District 21865 E. Copley Dr. Diamond Bar, CA 91765 Orange County Fire Authority Attn: Chip Prather, Chief P. O. Box 57115 Irvine, CA 92619 -7115 City of Huntington Beach Planning Department Scott Hess, Director of Planning 2000 Main Street Huntington Beach, CA 92648 County of Orange Planning and Development Tim Neely 300 North Flower Street Santa Ana, CA 92705 US Coast Guard 1911 Bayside Drive Corona Del Mar. CA 92625 Cal. Environmental Protection Agency P.O. Box 2815 Sacramento, CA 95812 -2815 California Department of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 California Department of Water Resources P. O. Box 942836, Sacramento, CA 94236 California Department of Boating and Waterways 2000 Evergreen Street, Suite 100 Sacramento, CA 95815 -3888 Airport Land Use Commission Karl A. Rigoni 3160 Airway Avenue Costa Mesa, California 9262E Community Development Department City of Irvine Tina Christiansen One Civic Center Plaza P.O. Box 19575 Irvine, CA 92623 -9575 U. S. Fish and Wildlife Service Carlsbad Office 6010 Hidden Valley Road Carlsbad, CA 92009 California State Parks Department Chiefs Office Steven B. Treanor 700 North Alameda Street, 5th Floor Los Angeles, CA 90012 Santa Ana Regional Water Quality Control Board 3737 Main St., Suite 500 Riverside, CA 92501 California Coastal Commission South Coast District Office 200 Oceangate, 10th Floor Long Beach, CA 90802 -4416 State Dept. of Transportation District 12 3377 Michelson Drive, Suite 380 Irvine, CA 92612 -9984 Southern California Association of Governments 818 West Seventh St, 12`h Floor Los Angeles, CA 90017 -3435 Orange County Sheriff Harbor Patrol Division 1901 Bayside Drive Corona Del Mar, CA 92625 Orange County Transportation Authority Arthur T. Leahy Coast Community College District 550 S. Main St. 1370 Adams Avenue P.O. Box 14184 Costa Mesa, CA 92626 -5429 Orange, CA 92863 -1584 Irvine Ranch Water District Mesa Consolidated Water District Newport-Mesa Unified School District P.O. Box 57000 Robert R. McVicker, P.E. Education Center Irvine, CA 92619 -7000 1965 Placentia Ave. 2985 Bear Street Costa Mesa, CA 92627 Costa Mesa, CA 92626 640 Orange County Sanitation District Southern California Edison Southern California Gas Company P. O. Box 8127 Mike Bohen Attn: Kris Keas Fountain Valley, CA 92708 -8127 7333 Bolsa Avenue 1919 South State College Blvd. Westminster CA 92683 Anaheim, CA 92805 Newport Beach Public Library Newport Beach Public Library Newport Beach Public Library Central Branch Balboa Branch Mariner's Branch 1000 Avocado Ave. 100 East Balboa Blvd. 1300 Irvine Ave. Newport Beach, CA 92660 Balboa, CA 92661 Newport Beach, CA 92660 Newport Beach Public Library Daily Pilot Orange County Register Corona del Mar Branch Alicia Robinson David Whiting 420 Marigold Ave. 1375 Sunflower Avenue 625 N. Grand Ave. Corona Del Mar, CA 92625 Costa Mesa, California 92626 Santa Ana, CA 92701 Brian C. Adams Martha Durkee Rob Fox John S. Adams & Associates, Inc. PO Box 988 4675 Macarthur Court, Suite 220 Newport Beach, CA 92661 100 Birch Street, 2nd Floor Newport Beach, CA 92660 Newport Beach, CA 92660 Phillip Bettencourt Hoag Hospital The Irvine Company 110 Newport Center Drive, Suite 150 Langston Trigg, Exec. V.P. Robyn Uptegraff, Vice President Newport Beach, to 92660-6907 Suite One Hoag Drive 550 Newport Center Drive Newport Beach, CA 92658 Newport Beach, CA 92660 -7011 R. A. Nichols Engineering Larry Porter Sandra Ges R 519 Iris Avenue 1501 Westcliff Drive #201 Planning Resources Corona del Mar, CA 92625 Newport Beach, CA 92660 1586 M Mesa, Costa Mesa, A CA 92626 Calif Coastal Conservancy National Marine Fisheries Service Newport Bay Naturalists & Friends 1330 Broadway 11th Flr 501 W Ocean Blvd. 600 Shellmaker Rd Oakland, CA 94612 Long Beach, CA 90802 -4213 Newport Beach, CA 92660 to 1 Monica Twitchell Bradley H. Carroll Suzanne Chamberlain Logistical Development Team Senior Director 260 Cagney, Unit 304 Glidewell Laboratories Tishman Speyer Newport Beach, CA 92663 4141 Macarthur Blvd. 18301 Von Karmen Ave, Suite 328 Newport Beach, CA 92660 Irvine, CA 92612 Peri Murreta Greenlight Jan D. Vandersloot, M.D. 3 Regalo Drive P.O. Box 3362 2221 East 16TH Street Mission Viejo, CA 92692 Newport Beach, CA. 92659 Newport Beach, CA 92663 Rick Dayton Newport Banning Ranch LLC Stop Polluting Our Newport (SPON) Chairman, PAC Development Review 3030 Saturn Street, Suite 101 P.O. Box 102 2900 Silver Lane Brea, CA 92821 Balboa Island, CA 92662 Newport Beach, CA 92660 Phillip Bettencourt Hoag Hospital The Irvine Company 110 Newport Center Drive, Suite 150 Langston Trigg, Exec. V.P. Robyn Uptegraff, Vice President Newport Beach, to 92660-6907 Suite One Hoag Drive 550 Newport Center Drive Newport Beach, CA 92658 Newport Beach, CA 92660 -7011 R. A. Nichols Engineering Larry Porter Sandra Ges R 519 Iris Avenue 1501 Westcliff Drive #201 Planning Resources Corona del Mar, CA 92625 Newport Beach, CA 92660 1586 M Mesa, Costa Mesa, A CA 92626 Calif Coastal Conservancy National Marine Fisheries Service Newport Bay Naturalists & Friends 1330 Broadway 11th Flr 501 W Ocean Blvd. 600 Shellmaker Rd Oakland, CA 94612 Long Beach, CA 90802 -4213 Newport Beach, CA 92660 to 1 Raymond M. Halowski Orange County Coastkeeper Heal the Bay Surfrider Foundation 3151 Airway Ave. Suite F -110 1444 9th Street Newport Beach Chapter Costa Mesa, Ca 92626 Santa Monica, CA 904017 320 Evening Canyon Road Corona del Mar, CA 92625 US Environmental Protection Agency 75 Hawthorne St. San Francisco, CA 94105 Philllip & Lynne Butterfield 3401 Ocean Blvd Newport Beach, Ca 92661 Banning Ranch Park & Preserve Task Force P.O. Box 2122 Newport Beach, CA 92659 Mark Murrel 2439 W Coast Hwy, Ste 200 Newport Beach, CA 92663 Scott S Bernard Bernard ventures 5100 Birch St, First Floor Newport Beach, CA 92660 John E Allen Thorpe Technologies Inc 9905 Painter Ave, Suite D Whittier, Ca 90605 Carol Boice 2945 Catalpa St Newport Beach, CA 92660 Sierra Club Angeles Chapter 3435 Wilshire Blvd #320 Los Angeles CA 90010 -1904 Louise S Greeley 16 Swift Ct Newport Beach, CA 92663 -2357 Lucille Kuehn 1831 Seadrift Dr Corona del Mar CA 92625 Phil Arst 2601 Lighthouse Ln Corona del Mar ca 92625 Laura Curran Greg Whol Miocean 437 Dahlia C/o Wolh Investment Co Corona Del Mar, CA 92625 2402 Michelson, Suite 170 Irvine, CA 92612 Carol McDermott 230 Newport Center Dr, Ste 210 Newport Beach, CA 92660 ME PUBLIC NOTICE Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -001 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 purpose of the amendment is to update the narratives, policies, and maps of the Local Coastal Program (LCP) 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 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 November 13. 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. If you have any questions, please call James Campbell, Senior Planner at (949) 644- 3210 or e-mail to JCampbellOcitv.newport- beach.ca.us. LaVonne M. Harkless, City Clerk SEE REVERSE SIDE FOR SECOND PUBLIC HEARING NOTICE PUBLIC NOTICE Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -003 NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed amendment of Coastal Land Use Plan. Current policies presently allow limited development on coastal bluffs that are located on Pacific Drive, Carnation Avenue and Ocean Boulevard. The draft amendment would modify Policy 4.4.3 -8 and Policy 4.4.3 -9 of the Coastal Land Use Plan to clarify the maximum extent of possible development allowable on the bluff face. Currently, development is limited to be within the predominant line of existing development and this limitation is not proposed to be eliminated. The proposed language changes would eliminate possible conflicting interpretations and application of the policies that could lead to conflicts with the implementation of other coastal resource protection policies. In addition to these changes, the amendment includes a new policy that provides that the predominant line of existing development is not the only factor in determining the extent of possible development on coastal bluffs. Lastly, the proposed amendment includes a minor change to the definition of "predominant line of development' by simply renaming it the "predominant line of existing development" The changes to Policies 4.4.3 -8 and 4.4.3 -9 would affect possible coastal bluff face development for lots located on Pacific Drive, Carnation Avenue and Ocean Boulevard only and the remaining changes would affect potential located on or adjacent to a coastal bluff within the Coastal Zone. The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure - making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Pursuant to the Coastal Act, the City of Newport Beach seeks to provide maximum opportunities for the participation of the public and all affected governmental agencies in the preparation of this amendment of the Coastal Land Use Plan. Copies of the draft amendment are available at the Planning Department office located in City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663. The draft amendment is also available in PDF format at the City of Newport Beach website site at hUi)://www.city.newport- beach.ca.ustPIn/LCP/LCP.htm. Notice is hereby further given that said public hearing will be held on the Ile day of November, 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 -3210. If you have any questions, please call James Campbell, Senior Planner at (949) 644 -3210 or e-mail to JCamppbbelll - city.newaort- beach.ca.us. LaVonne M. Harkless, City Clerk PUBLIC NOTICE Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -001 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 purpose of the amendment is to update the narratives, policies, and maps of the Local Coastal Program (LCP) 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 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) then: 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 November 13. 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. If you have any questions, please call James Campbell, Senior Planner at (949) 644 3210 or e-mail to JCampbellt@city.newport-beach.ca.us. 10/50 C4 M. A�,&, , "a -fp P )o LaVonne M. Harkless, City Clerk D S ate N ct E i-1 L -r0 p 10 ft) L-ED PUBLIC NOTICE Local Coastal Program Coastal Land Use Plan Amendment No. 2007 -003 NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding a proposed amendment of Coastal Land Use Plan. Current policies presently allow limited development on coastal bluffs that are located on Pacific Drive, Carnation Avenue and Ocean Boulevard. The draft amendment would modify Policy 4.4.3 -8 and Policy 4.4.3 -9 of the Coastal Land Use Plan to clarify the maximum extent of possible development allowable on the bluff face. Currently, development is limited to be within the predominant line of existing development and this limitation is not proposed to be eliminated. The proposed language changes would eliminate possible conflicting interpretations and application of the policies that could lead to conflicts with the implementation of other coastal resource protection policies. In addition to these changes, the amendment includes a new policy that provides that the predominant line of existing development is not the only factor in determining the extent of possible development on coastal bluffs. Lastly, the proposed amendment includes a minor change to the definition of "predominant line of development" by simply renaming it the "predominant line of existing development." The changes to Policies 4.4.3 -8 and 4.4.3 -9 would affect possible coastal bluff face development for lots located on Pacific Drive, Carnation Avenue and Ocean Boulevard only and the remaining changes would affect potential located on or adjacent to a coastal bluff within the Coastal Zone. The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure- making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Pursuant to the Coastal Act, the City of Newport Beach seeks to provide maximum opportunities for the participation of the public and all affected governmental agencies in the preparation of this amendment of the Coastal Land Use Plan. Copies of the draft amendment are available at the Planning Department office located in City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663. The draft amendment is also available in PDF format at the City of Newport Beach website site at htto://www.city.newport- beach.ca.us/PINLCP/LCP.htm. Notice is hereby further given that said public hearing will be held on the 13`h day of November, 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 - 3210. If you have any questions, please call James Campbell, Senior Planner at (949) 644 -3210 or e-mail to JCampbell _ city newnort-beach ca us. LaVonne M. Harkless, City Clerk Impression antlbourrage et a s6chage rapide www.avery.com tg�t AVERY® 5160® Utilisez le gabark 51600 1-800 -GO -AVERY 111 City of Costa Mesa Development Services Department Mike Robinson 77 Fair Drive, 2n° Floor Costa Mesa, CA 92628 City of Laguna Beach Community Development John Montgomery 505 Forest Avenue Laguna Beach, California 92651 Army Corps of Engineers 911 Wilshire Blvd Los Angeles, CA 90017 University of California Irvine Campus and Environmental Planning 750 University Tower, Irvine, CA 92697 -2325 California Dept. of Toxic Substances Control Environmental Review P.O. Box 806 Sacramento, CA 95812 -0806 State of California Office of Historic Preservation P.O. Box 942896 Sacramento, CA 94269 City of Huntington Beach Planning Department Scott Hess, Director of Planning 2000 Main Street Huntington Beach, CA 92648 County of Orange Planning and Development Tim Neely 300 North Flower Street Santa Ana, CA 92705 US Coast Guard 1911 Bayside Drive Corona Del Mar, CA 92625 Cal. Environmental Protection Agency P.O. Box 2815 Sacramento, CA 95812 -2815 California Department of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 California Department of Water Resources P. O. Box 942836, Sacramento, CA 94236 Native American Heritage Commission California Department of Boating and 915 Capitol Mall, Room 364 Waterways Sacramento, CA 95814 2000 Evergreen Street, Suite 100 Sacramento, CA 95815 -3888 South Coast Air Quality Management Airport Land Use Commission District Kari A. Rigoni 21865 E. Copley Dr. 3160 Airway Avenue Diamond Bar, CA 91765 Costa Mesa, California 92626 Orange County Fire Authority Attn: Chip Prather, Chief P. O. Box 57115 Irvine, CA 92619 -7115 Irvine Ranch Water District P.O. Box 57000 Irvine, CA 92619 -7000 Orange County Transportation Authority Community Development Department City of Irvine Tina Christiansen One Civic Center Plaza P.O. Box 19575 Irvine, CA 92623 -9575 U. S. Fish and Wildlife Service Carlsbad Office 6010 Hidden Valley Road Carlsbad, CA 92009 California State Parks Department Chiefs Office Steven B. Treanor 700 North Alameda Street, 5th Floor Los Angeles, CA 90012 Santa Ana Regional Water Quality Control Board 3737 Main St., Suite 500 Riverside, CA 92501 California Coastal Commission South Coast District Office 200 Oceangate, 10th Floor Long Beach, CA 90802 -4416 State Dept. of Transportation District 12 3377 Michelson Drive, Suite 380 Irvine, CA 92612 -9984 Southern California Association of Governments 818 West Seventh St, 12'" Floor Los Angeles, CA 90017 -3435 Orange County Sheriff Harbor Patrol Division 1901 Bayside Drive Corona Del Mar, CA 92625 Arthur T. Leahy Coast Community College District 550 S. Main St. 1370 Adams Avenue P.O. Box 14184 Costa Mesa, CA 92626 -5429 Orange, CA 92863 -1584 Mesa Consolidated Water District Newport-Mesa Unified School District Robert R. McVicker, P.E. Education Center 1965 Placentia Ave. 2985 Bear Street Costa Mesa, CA 92627 Costa Mesa, CA 92626 ®J1213AV l ®1 A113A"9- 008-11• 009 �S atmdwat �+aAv asn 115 WM- LiaAa'MMM Fnxnui b. • sAnn.n.. w.....u... Impression antibourrage et h s6chage rapide www.averycom p AVERY 5160 Utilisez le gabarit 51600 1- 800-GO -AVERY Orange County Sanitation District Southern California Edison Southern California Gas Company P. O. Box 8127 Mike Bohan Attn: Kris Kees Fountain Valley, CA 92708 -8127 7333 Bolsa Avenue 1919 South State College Blvd. Westminster CA 92683 Anaheim, CA 92805 Newport Beach Public Library Newport Beach Public Library Newport Beach Public Library Central Branch Balboa Branch Mariner's Branch 1000 Avocado Ave. 100 East Balboa Blvd. 1300 Irvine Ave. Newport Beach, CA 92660 Balboa, CA 92661 Newport Beach, CA 92660 Newport Beach Public Library Daily Pilot Orange County Register Corona del Mar Branch Alicia Robinson David Whiting 420 Marigold Ave. 1375 Sunflower Avenue 625 N. Grand Ave. Corona Del Mar, CA 92625 Costa Mesa, California 92626 Santa Ana, CA 92701 Martha Durkee Brian C. Adams Rob Fox PO Box 988 John S. Adams &Associates, Inc. 4675 Macarthur Court, Suite 220 Newport Beach, CA 92661 100 Birch Street, 2nd Floor Newport Beach, CA 92660 Newport Beach, CA 92660 Monica Twitchell Bradley H. Carroll Suzanne Chamberlain Logistical Development Team Senior Director 260 Cagney, Unit 304 Glidewell Laboratories Tishman Speyer Newport Beach, CA 92663 4141 Macarthur Blvd. 18301 Von Karman Ave, Suite 328 Newport Beach, CA 92660 Irvine, CA 92612 Peri Murreta Greenlight Jan D. Vandersloot, M.D. 3 Regalo Drive P.O. Box 3362 2221 East 16TH Street Mission Viejo, CA 92692 Newport Beach, CA. 92659 Newport Beach, CA 92663 Rick Dayton Newport Banning Ranch LLC Stop Polluting Our Newport (SPON) Chairman, PAC Development Review 3030 Saturn Street, Suite 101 P.O. Box 102 2900 Silver Lane Brea, CA 92821 Balboa Island, CA 92662 Newport Beach, CA 92660 Phillip Bettencourt Hoag Hospital The Irvine Company 110 Newport Center Drive, Suite 150 Langston Trigg, Exec. V.P. Robyn Uptegraff, Vice President Newport Beach, CA 92660-6907 One Hoag Drive 550 Newport Center Drive Newport Beach, CA 92658 Newport Beach, CA 92660 -7011 R. A. Nichols Engineering Larry Porter Sandra Genis Planning Resources 519 Iris Avenue 1501 Westcliff Drive #201 1586 Myrtiewood Corona del Mar, CA 92625 Newport Beach, CA 92660 Costa Mesa, CA 92626 Calif Coastal Conservancy National Marine Fisheries Service Newport Bay Naturalists & Friends 1330 Broadway 11th Flr 501 W Ocean Blvd. 600 Shellmaker Rd Oakland, CA 94612 Long Beach, CA 908024213 Newport Beach, CA 92660 Ul3Atl 09 008 L eons 31VmmusAientlesn ®o9L5 ®J1213Atj W�]]ilaAR'MMM - Rums... impression antibourrage et h s6chage rapide Utilisez le gabarit 51600 Orange County Coastkeeper 3151 Airway Ave. Suite F -110 Costa Mesa, Ca 92626 US Environmental Protection Agency 75 Hawthorne St. San Francisco, CA 94105 Philliip & Lynne Butterfield 3401 Ocean Blvd Newport Beach, Ca 92661 Banning Ranch Park & Preserve Task Force P.O. Box 2122 Newport Beach, CA 92659 Mark Murrel 2439 W Coast Hwy, Ste 200 Newport Beach, CA 92663 Scott S Bernard Bernard ventures 5100 Birch St, First Floor Newport Beach, CA 92660 www.averycom 1- 800 -GO -AVERY Heal the Bay 1444 9th Street Santa Monica, CA 904017 John E Allen Thorpe Technologies Inc 9905 Painter Ave, Suite D Whittier. Ca 90605 Carol Boice 2945 Catalpa St Newport Beach, CA 92660 Sierra Club Angeles Chapter 3435 VVilshire Blvd #320 Los Angeles CA 90010 -1904 Laura Curran 437 Dahlia Corona Del Mar, CA 92625 Carol McDermott 230 Newport Center Dr, Ste 210 Newport Beach, CA 92660 V AVERY® 5160® Raymond M. Halowski Surfrider Foundation Newport Beach Chapter 320 Evening Canyon Road Corona del Mar, CA 92625 Louise S Greeley 16 Swift Ct Newport Beach, CA 92663 -2357 Lucille Kuehn 1831 Seadrift Dr Corona del Mar CA 92625 Phil Arst 2601 Lighthouse Ln Corona del Mar ca 92625 Greg Who] Miocean C/o Wolh Investment Co 2402 Michelson, Suite 170 Irvine, CA 92612 e09L5 ®Jl?l3Ar/ A113AV-OD-008-t e09 LS 31V1dVJ31etiaAV 6sn wm- Ajmp -M m Rein...., anew Impression antibourrage et h s66age rapide www.averycorn AVERY® 5160® Utilisez le gabarlt 51600 1460040 -AVERY HALFACRE FAMILY TRUST 3425 OCEAN BLVD CORONA DEL MAR, CA 92625 RICHARD JOSEPH BATTAGLIA 3366 VIA LIDO NEWPORT BEACH, CA 92663 ANTHONY HUYNH 7409 SEASHORE DR NEWPORT BEACH, CA 92663 MARK; WHITEHEAD 9 OCEAN RIDGE DR NEWPORT COAST, CA 92657 NORMAN F SPRAGUE III CORONA COVE PARTNERS 111726 SAN VICENTE BLVD #625 11726 SAN VICENTE BLVD LOS ANGELES, CA 90049 LOS ANGELES, CA 90049 VALLEJO JOSEPH THOMASILISA MARIE CO TRST JOHN R MCINTOSH 2501 OCEAN BLVD 2495 OCEAN BLVD CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 BARBARA A DAWKINS ANTHONY J JR & JONI E DAMATO 2329 PACIFIC DR 25212 DERBYHILL DR CORONA DEL MAR, CA 92625 LAGUNA HILLS, CA 92653 MICHAEL E TRUST A BAYER PAULA MOSES 2235 PACIFIC DR 2231 PACIFIC DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 PHYLLIS M RODEFFER WALTER W CRUTTENDEN III 11770 WARNER AVE #129 2209 PACIFIC DR FOUNTAIN VALLEY, CA 92708 1 CORONA DEL MAR, CA 92625 JUDITH R HODGES HANS P WILD 2200 BAYSIDE DR 2219 PACIFIC DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 GREGORY CHARLES BETZLER MARSH DEVELOPMENT COMPANY PO BOX 858 400 WESTCHESTER PL SIERRA MADRE, CA 91025 FULLERTON, CA 92835 COWAN FAMILY TRUST RAMONA C WARD 3030 BREAKERS DR 775 W 17TH ST #C CORONA DEL MAR, CA 92625 COSTA MESA, CA 92627 ®09&5 AN2AV 1�1 Aa3AV -09.0 L _.. wm- [.awe -wwww LINDA MARTIN 239 CARNATION AVE CORONA DEL MAR, CA 92625 FRANCOIS & PAMELA BADEAU 9.100 VISTA GREENS WAY #202 LAS VEGAS, NV 89134 R JOSEPH COLLINS 301 CARNATION AVE CORONA DEL MAR, CA 92625 CAROLYN S PAUTSCH 2204 WATERFRONT DR CORONA DEL MAR, CA 92625 FABRICANT FAMILY TRUST 2315 PACIFIC DR CORONA DEL MAR, CA 92625 PHYLLIS M RODEFFER 11770 WARNER AVE #129 FOUNTAIN VALLEY, CA 92708 BETTINGEN 99 TRUST 2753 VISTA UMBROSA NEWPORT BEACH, CA 92660 FRANK A POWERS 1 HUGHES CENTER DR #1604 LAS VEGAS, NV 89169 JACK BARTON LARSON 3024 BREAKERS DR CORONA DEL MAR, CA 92625 TOD H PARROTT PO BOX 243 LARCHMONT, NY 10538 ®09L5 undiNu agueAtl ash Impression antlbourrage et it s6chage rapide www.averycom /I,VERY® 5160® Utilisez le gabarlt 51600 1- 800 -GO -AVERY 1J LEONARD PIONTAK 3150 BREAKERS DR CORONA DEL MAR, CA 92625 RITA P GUARRIELLO 7141 E TANGLEWOOD TRL ORANGE, CA 92869 SC LLC MULLER 23521 PASEO DE VALENCIA #20 LAGUNA HILLS, CA 92653 LORETTA G EVENSEN 860 FLINTRIDGE AVE FLINTRIDGE, CA 91011 RICHARD J LIVONI SECOND FAMILY .: PHILIP A BUTTERFIELD PO BOX 218 PO BOX 787 CRYSTAL BAY, NV 89402 CHINO, CA 91708 DANIEL D SISEMORE 3301 OCEAN BLVD CORONA DEL MAR, CA 92625 SALVATORE PALERMO 3317 OCEAN BLVD CORONA DEL MAR, CA 92625 EVE L BROOKE 3110 BREAKERS DR CORONA DEL MAR, CA 92625 BAR FRANKHOUSE 3000 BREAKERS DR CORONA DEL MAR, CA 92625 GROSS W/S FAMILY TRUST 144 MONTE CARLO DR LAGUNA BEACH, CA 92651 WADE G ELLIS 2741 OCEAN BLVD . CORONA DEL MAR, CA 92625 KINSALE FAMILY TRUST 2901 OCEAN BLVD CORONA DEL MAR, CA 92625 a,09M15 �A21�AM 4�1 ROGER G MCKINNON 3207 OCEAN BLVD CORONA DEL MAR, CA 92625 G BERK KELLOGG 3309 OCEAN BLVD CORONA DEL MAR, CA 92625 CIRCLE D R/J A 1984 TRUST 10252 CAMDEN CIR VILLA PARK, CA 92861 LORETTA G EVENSEN GEORGE M MCNAMEE 860 FLINTRIDGE AVE 3329 OCEAN BLVD FLINTRIDGE, CA 91011 CORONA DEL MAR, CA 92625 BREAKERS LLC DONAHUE ROBERT H MCALLISTER 3100 BREAKERS DR 3116 BREAKERS DR CORONA DEL MAR, CA 92625, CORONA DEL MAR, CA 92625 LAWRENCE TABAK 8 SOUTHWIND IRVINE, CA 92614 CANARIO DORADO INVESTS HELGA PRALLE 1582 QUAIL RUN 2727 OCEAN BLVD SANTA ANA, CA 92705 CORONA DEL MAR, CA 92625 MARIA YACOEL NANCY L CALDWELL 2701 OCEAN BLVD 2711 OCEAN BLVD CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 JOHN W HAMILTON MARY JANICE WALLACE 100 NEWPORT CENTER DR 539 FOREST HIGHLANDS NEWPORT BEACH, CA 92660 FLAGSTAFF, AZ 86001 BENZ DOUGLAS W JACKSON 3625 OCEAN BLVD 97 OLD COURSE DR CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92660 M13AVO9-009 -L gns 31V1dwu gkoV asn Impression antibourrage et a s6chage rapide www.averycom AVERYO 5160® Utilisez Is gabarit 51600 14100-GO -AVERY GARY E FELDMAN CHARLES B SLACK 3709 OCEAN BLVD 3729 OCEAN BLVD CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 A L& L B NIETO II D DIANE ANDERSON DAVID L WILLIAMS 3601 OCEAN BLVD 3611 OCEAN BLVD 3713 OCEAN BLVD CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 MARK E HURWITZ ASHE FAMILY TRUST CHASE 2005 QUALIFIED PERSONAL 3719 OCEAN BLVD 11907 OAKLAND HILLS DR 2525 OCEAN BLVD #2A CORONA DEL MAR, CA 92625 LAS VEGAS, NV 89141 CORONA DEL MAR, CA 92625 PATRICIA V ZORN JAMES W JR & PATRICIA A 2525 OCEAN BLVD #3A BEAZLEY CORONA DEL MAR, CA 92625 2525 OCEAN BLVD #5A CORONA DEL MAR, CA 92625 CLIFFORD B HUGHES FITTERER FAMILY TRUST ANDREAE 2003 TRUST 2525 OCEAN BLVD #6A 2525 OCEAN BLVD #1 B 12833 MAXWELL DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 TUSTIN, CA 92782 BRUCE & KRISTINE M CHANDLER DEBRA ANN HUMMERT EDWARD H WILLITS 2525 OCEAN BLVD #313 2525 OCEAN BLVD 2525 OCEAN BLVD #613 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 ROBERT G VAUGHN GEORGE AFFLECK STEWART PATRICIA F PARSONS 2525 OCEAN BLVD #1C 2525 OCEAN BLVD #2C 2525 OCEAN BLVD #3C CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 EDWARD H WILLITS 2525 OCEAN BLVD #613 CORONA DEL MAR, CA 92625 ROBERT G VAUGHN 2525 OCEAN BLVD #1C CORONA DEL MAR, CA 92625 RICHARDINE J CONNOLLY 15937 ALTA VISTA DR #A LA MIRADA, CA 90638 ALAN MARSH 2525 OCEAN BLVD #5C CORONA DEL MAR, CA 92625 STEWART FAMILY TRUST 2525 OCEAN BLVD #2C CORONA DEL MAR, CA 92625 SEVIGNY FAMILY TRUST 2525 OCEAN BLVD #5D CORONA DEL MAR, CA 92625 JAMES H PARKINSON 2525 OCEAN BLVD #6C CORONA DEL MAR, CA 92625 BERNARD HOROWITZ 2525 OCEAN BLVD #6D CORONA DEL MAR, CA 92625 ®09LS m���/ lei A113AV-O9.008 -1, ®09L5 uvicinu �a^V asn ...mvi mwo•uiwww f.......... �.. uf........' .........— Impression antibourrage et a sechage rapide www.averycom Q AVERY® 5160® Utilisez le gabarit 51600 14M"O -AVERY REEF COMMUNITY CHANNEL PO BOX 4708 IRVINE, CA 92616 FLORIAN FAMILY TRUST 2525 OCEAN BLVD #4E CORONA DEL MAR, CA 92625 DEBRA ANN HUMMERT 2525 OCEAN BLVD CORONA DEL MAR, CA 92625 MICHAEL ANGEL CHULMAN 2525 OCEAN BLVD #2E CORONA DEL MAR, CA 92625 MARGARETE C GEHRIG 17 LANDPORT NEWPORT BEACH, CA 92660 GREGG SMITH 2525 OCEAN BLVD #2F CORONA DEL MAR, CA 92625 LEZLIE J GUNN 4045 S BUFFALO DR LAS VEGAS, NV 89147 KATHRYN M JOHNSON 1857 ASHLEY VALLEY LN SANDY. UT 84092 RIFFEL 1237 LONGVIEW DR FULLERTON, CA 92831 FRED E SIEGEL RONALD C & MARY P MICHELSON BRANCH DENNIS R/JOANN 2475 S COAST HWY 2525 OCEAN BLVD 2525 OCEAN BLVD #6F LAGUNA BEACH, CA 92651 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 RONALD C MICHELSON 2525 OCEAN BLVD #1G CORONA DEL MAR, CA 92625 WILLIAM J JR MCCAFFREY 2525 OCEAN BLVD #4G CORONA DEL MAR, CA 92625 RONALD CARROLL MALONE 9953 E BALANCING ROCK RD SCOTTSDALE, AZ 85262 ROBERT D & MARGERY M CAMPBELL 2525 OCEAN BLVD #4H. CORONA DEL MAR, CA 92625 HANSON FAMILY TRUST PO BOX 547 CORONA DEL MAR, CA 92625 DANIEL J JR LEONARD 1018 DOUGLAS AVE MODESTO, CA 95350 ROBERT W CRANE PO BOX 1017 CORONA DEL MAR, CA 92625 SALES FAMILY TRUST 1978 HOMEWOOD DR ALTADENA, CA 91001 EDWIN A JR BARNES 2525 OCEAN BLVD #2H CORONA DEL MAR, CA 92625 THOMAS O PHILLIPS 2525 OCEAN BLVD #5H CORONA DEL MAR, CA 92625 FRANCIS & BARBARA PETERS 3018 BREAKERS DR CORONA DEL MAR, CA 92625 JEFFREY & MARILYN BECK 303 CARNATION AVE CORONA DEL MAR, CA 92625 D & BAUGHAN -WHITE M WHITE 3 IMPERIAL PROMENADE #510 SANTA ANA, CA 92707 BARBARA J PANNIER 2525 OCEAN BLVD #6H CORONA DEL MAR, CA 92625 BRIAN B BENNETT 1230 SANDKEY CORONA DEL MAR, CA 92625 BARBARA J PANNIER 2525 OCEAN BLVD #6H CORONA DEL MAR, CA 92625 DANIEL J JR LEONARD 1018 DOUGLAS AVE MODESTO, CA 95350 HARLEY J BROVIAK II 307 CARNATION AVE CORONA DEL MAR, CA 92625 �� AN3Atl O'� 008 L ®09L5 3lVldW91 �SAV esn m09L5 wAN3Atl 1�l ...m•:.�.e• .:... a ... ,..... ».. sa ... Impression antibourrage et a s6chage rapide Utilisez le gabarit 51600 WASEEM M IBRAHIM 6909 ROYAL HUNT RIDGE DR RIVERSIDE, CA 92506 THOMAS L PHILLIPS 626 CHAIN BRIDGE RD MCLEAN, VA 22101 wwwavery.com 1- 800-GO -AVERY SYLVIA M BURNETT 309 CARNATION AVE CORONA DEL MAR, CA 92625 LINDA A HANCOCK 315 CARNATION AVE #3 CORONA DEL MAR, CA 92625 CREEK HOLDINGS LLC DEER ROBERT & LINDA SANMIGUEL 2001 KIRBY DR #1111 221 CARNATION AVE HOUSTON, TX 77019 CORONA DEL MAR, CA 92625 AVERY® suo® THOMAS L PHILLIPS 1 MASSACHUSETTS AVE NW #610 WASHINGTON, DC 20001 GINSBERG FAMILY TRUST 317 CARNATION AVE CORONA DEL MAR, CA 92625 MARSH DEV CO INC 400 WESTCHESTER PL FULLERTON, CA 92835 TASSEY FAMILY TRUST 2525 OCEAN BLVD # 4B CORONA DEL MAR, CA 92625 ®09&5 31V1dW31 gAaav asn Authorized to Publish Advertisements of all kinds including public notices IjX Decree of the Superior Court of Orange County, California. Number A-6214- September 29, 1961, and A -24831 June It, 1963. __ y,. 7� PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 3, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 5, 2007 Costa Mesa, California. 'hc1 /1 Signatur PUBLIC NOTICE Lord Coastal Program (cosld Land Use Plan AmeldmonB No. 2007401 NOTICE IS HEREBY GIV- EN 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 purpose of the amendment is to update the narratives, policies, and maps of the Local Coastal Program (LCP) Coastal Land Use Plan to reflect the location, type, densities, and intensities of land uses established by the new Land Use Element and to inca. poste other new polices of General Plan adopted city Of Newport Beach adopted Resolution No. 2006-OM certifying the Final Envi. ronmental Impact Report (SCH No 2006911119) 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 CEQAI Guidelines, the LCP Amendment has been found to be within the scope of the project coo- ered by the certified Pro- gram EIR because (1) the LCP Amendment is consis. tent with the General Plan; (2) the LCP Amendment presents no new effects that could occur that were not ex- amined in the Program EIR; and (3) there is no new information to sug- gest that new mitigation measures are required. Therefore, no new envi. ronmental document is re- quired. NOTICE IS HEREBY FUR- THER GIVEN that said public hearing will be held on November 13, 2007, at the hour of 7.00 pm. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boule- vard, 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 de- scribed in this notice or in written correspondence delivered to the City at, or prior to. the public hearing, For information call (909) 60643200. If you have any questions, please call James Camp- bell, Senior Planner at (949) 644 -3210 or e-mail to J C am p b e ll@elty. newport-kieadr <a.us. LaVonne M. Harkless, City Clerk Published Newport Beach/ Costa Mesa Daily Pilot November 3. 2007 WIN