Part 1. Implementation Plan Applicability

Chapter 21.10


21.10.010    Title.

21.10.020    Purpose.

21.10.030    Authority—Relationship to Coastal Land Use Plan.

21.10.040    Applicability of Implementation Plan.

21.10.050    Responsibility for Administration.

21.10.065    Periodic Review and Update.

21.10.010 Title.

This title shall be known as the “City of Newport Beach Local Coastal Program Implementation Plan” and referred to as the “Implementation Plan.” (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.10.020 Purpose.

The purposes of the Implementation Plan are to:

A.    Implement the policies of the Coastal Land Use Plan and the California Coastal Act of 1976;

B.    Protect, maintain, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources;

C.    Assure orderly, balanced use and conservation of resources within the coastal zone taking into account social and economic needs;

D.    Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners;

E.    Assure priority for coastal-dependent and coastal-related development over other types of development on the coast;

F.    Encourage State and local cooperation in planning and development of mutually beneficial uses in the coastal zone; and

G.    To ensure that any development in the coastal zone preserves and enhances coastal resources; protects and enhances coastal views and access; and ensure that growth, development, and environmental management is conducted a manner consistent with the provisions of the Coastal Land Use Plan. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.10.030 Authority—Relationship to Coastal Land Use Plan.

A.    Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code, Division 20 of the Public Resources Code (California Coastal Act), and Title 14, Division 5.5 of the California Code of Regulations (California Coastal Commission Regulations).

B.    Relationship to Coastal Land Use Plan. This Implementation Plan is the primary tool used by the City to carry out the goals, objectives, and policies of the Coastal Land Use Plan. It is intended that all provisions of this Implementation Plan be consistent with the Coastal Land Use Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the Coastal Land Use Plan, and if the proposed development is located between the first public road and the sea or the shoreline of any body of water located within the coastal zone, any approved development must be in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act.

C.    Relationship to General Plan. Should a conflict exist between the policies set forth in any element of the City’s General Plan, Zoning, or any other ordinance and those of the Coastal Land Use Plan, policies of the Coastal Land Use Plan shall take precedence. However, in no case shall the policies of the Coastal Land Use Plan be interpreted to allow a development to exceed a development limit established by the General Plan or its implementing ordinances. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.10.040 Applicability of Implementation Plan.

The regulations of this Implementation Plan shall apply to all development of land and water in the coastal zone within the City of Newport Beach, hereafter referred to as the “City,” and its sphere of influence, with the exception of Newport Coast uncertified areas, deferred certification areas and original permit jurisdiction areas depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map adopted pursuant to Coastal Act Section 30519. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.10.050 Responsibility for Administration.

A.    Responsible Authority. This Implementation Plan shall be administered by: Newport Beach City Council, hereafter referred to as the “Council”; the Planning Commission, hereafter referred to as the “Commission”; the Community Development Director, hereafter referred to as the “Director”; the Zoning Administrator; and the Community Development Department hereafter referred to as the “Department,” and any other City official or body as specifically identified in this Implementation Plan and the Coastal Commission on appeals of City decisions, resolutions of disputes, and any other matters where the Coastal Commission has authority pursuant to the Coastal Act. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.10.065 Periodic Review and Update.

The Local Coastal Program shall be periodically reviewed and updated to ensure conformity with the policies of the Coastal Act. This review shall be conducted in conjunction with the Coastal Commission’s periodic review of the Local Coastal Program required by Coastal Act Section 30519.5. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)