Chapter 21.30 — PROPERTY DEVELOPMENT STANDARDS

The purpose of this chapter is to ensure that development is consistent with the Coastal Land Use Plan, complies with the standards of this chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

The standards of this chapter apply to all coastal zoning districts. These standards shall be considered in combination with the standards for each coastal zoning district in Part 2 (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) and Part 4 of this Implementation Plan (Standards for Specific Land Uses). Where there may be a conflict, the standards that are most restrictive and/or most protective of coastal resources shall prevail.

All structures, additions to structures, and uses shall conform to the applicable standards of this chapter as determined by the Director. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. Purpose. This section provides general standards for siting and planning development in the coastal zone, as well as more specific standards applicable to development along the waterfront and on bluffs and canyons.

B. Location of New Development. New development shall be located in areas with adequate
public services or in areas that are capable of having public services extended or expanded
without significant adverse effects on coastal resources. Redevelopment and infill
development shall be allowed within and adjacent to the existing developed areas in the
coastal zone subject to the density and intensity limits and resource protection policies of
the Coastal Land Use Plan.

C. Nonresidential Waterfront Development.

1. Applicability. This subsection applies to coastal development permit applications for
development on nonresidential properties, including, but not limited to, coastal-
dependent, marine-related and visitor-serving commercial uses, fronting on the
waterfront of Newport Bay, the Pacific Ocean, the Old Channel of the Santa Ana
River (the Oxbow Loop), or the channels in West Newport. The Coastal Land Use
Plan and the Coastal Act protect coastaldependent, marine-related and visitor-serving
commercial uses as priority commercial uses on properties on or near the shoreline.

2. Considerations. In reviewing a coastal development permit application for
development, the review authority shall consider the following:

a. Whether the development reduces coastaldependent commercial uses and/or
allows coastaldependent uses to remain;

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b. The suitability of the site to accommodate coastal-dependent uses;

c. The development’s ability to accommodate coastal-related uses;

d. The developments ability to create waterfront public spaces and beaches, with
adjacent water access and docking facilities, that serve as the identity and
activity “centers” of Newport Harbor for special events of community/regional
interest;

e. Potential impacts to existing coastal-dependent and coastal-related
developments, both on development site and on adjacent properties;

f. The adequacy of marine-related facilities and the present and foreseeable
demand for such facilities;

g. The compatibility of the proposed development with the height, bulk, scale and building frontages of surrounding development;

h. Whether the development is so sited and designed as to minimize, and where
feasible, avoid shoreline hazards identified in compliance with subsection (E) of
this section, Development in Shoreline Hazardous Areas; and

i. Whether any boating facilities (e.g., piers, pier platforms, gangways and dock
floats) associated with the nonresidential waterfront development are so sited
and designed to protect, and where feasible, expand and enhance public access
to and along shoreline areas.

3. Development Standards.

a. Public Access to Bay Front. Public access and recreational opportunities shall
be protected, and where feasible, expanded and enhanced. The dedication and
improvement of public access to and along the waterfront, in conjunction with
proposed development and new land uses, shall be required pursuant to Chapter
21.30A (Public Access and Recreation).

b. Commercial Development. Development shall be consistent with the specific
district/corridor policies of Chapter 2 of the Coastal Land Use Plan, including,
but not limited to, those policies applicable to West Newport (2.1.3); Mariner’s
Mile (2.1.4); Balboa Peninsula (2.1.5); Balboa Island (2.1.6); Newport Dunes
(2.1.7); and Balboa Bay Club (2.1.8) and for visitor-serving and recreational
development (2.3); and coastal-dependent/related development (2.4).

c. Priority Uses. Protect existing and give priority to new coastal-dependent,
marine-related and visitor-serving commercial uses on properties on or near the
shoreline. For bay-fronting CV and CM District properties, provide new marine-
related and visitor-serving retail, restaurant, hotel/motel, institutional, and
recreational uses, where feasible.

d. Pump-out Facilities Required. On waterfront sites where the proposed use
includes public marinas, yacht clubs, boat charters or rentals, sports fishing
establishments, commercial fishing facilities, boat launching facilities, or other
similar uses, either public or private, boat holding tank pump-out facilities shall
be provided in each case, unless otherwise approved by the review authority as

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part of a coastal development permit. Said pump-out facilities shall have
adequate capacity to accommodate all vessels anticipated at each site. Prior to
the issuance of building permits, the Harbor Resources Manager shall approve
all plans and specifications of pump-out facilities.

e. Newport Harbor. Development in Newport Harbor shall comply with the
development standards of Section 21.48.035 (Newport Harbor).

f. Harbor and Bay Regulations. Development shall comply with development
standards for structures in Newport Bay provided in Chapter 21.30C (Harbor
and Bay Regulations).

g. Development shall comply with subsection (E) of this section, Development in
Shoreline Hazardous Areas, and Section 21.30.030, Natural Landform and
Shoreline Protection, as applicable.

D. Waterfront Development.

1. Applicability. This subsection applies to coastal development permit applications for
development on residential and nonresidential properties fronting on the waterfront of
Newport Bay, the Pacific Ocean, the Old Channel of the Santa Ana River (the Oxbow
Loop), or the channels in West Newport and the shoreline areas identified in Section
IV of Appendix A of this Implementation Plan. These regulations are in addition to
those contained in subsection (C) of this section.

2. Considerations. In reviewing a coastal development permit application for
development along the waterfront, the review authority shall consider the following:

a. The compatibility of the proposed development with the height, bulk, scale and
building frontages of surrounding development;

b. The presence of an existing bulkhead, retaining wall or other similar structure
seaward of the proposed development and whether such structure is located on
private property or State tidelands and in alignment with structures on adjacent
properties;

c. The need for the existing or potential future bulkhead or similar device to protect
the proposed development, and the ability to remove such protective device now
or in the future;

d. The development’s ability to enhance public access to State tidelands and
shoreline areas through project siting and design or conditions of approval;

e. Whether the development is designed and sited so as to minimize, and where
feasible, avoid shoreline hazards identified in compliance with subsection (E) of
this section (Development in Shoreline Hazardous Areas);

f. Whether any boating facilities (e.g., piers, pier platforms, gangways and dock floats) associated with waterfront development are so sited and designed to protect, and where feasible, expand and enhance public access to and along shoreline areas;

g. Whether the structure is nonconforming with regard to setbacks from the

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shoreline, bluff and/or bulkhead; and

h. For improvements to existing structures, whether the proposed improvements
increase the degree of nonconformity or result in replacement of more than fifty
(50) percent of the existing structure.

3. Development Standards.

a. New development shall be designed and sited to assure stability and structural
integrity and avoid destruction of the site and surrounding area by providing
setbacks for principal structures that avoid the need for new or perpetuation of
existing shoreline protective devices to the extent possible;

b. The minimum required top of slab elevation for interior living areas of all new
structures shall be as established by the Flood Insurance Rate Maps recognized
by the Building Division as part of flood safety requirements and maps adopted
by the Council (see Section 21.30.060(B)(3)) or higher where recommended by
the coastal hazards report required by subsection (E)(2) of this section with
acknowledgment of potential need for adaption measures in the future to address
flood potential and sea level rise. Notwithstanding the building elevations
established by the Flood Insurance Rate Maps, the minimum required top of slab
elevation for interior living areas of all new structures shall be at least 9.00
(NAVD 88);

c. The applicant and property owner shall acknowledge any hazards present at the
site, assume the risk of injury and damage from such hazards, unconditionally
waive any claim of damage or liability against the decision authority from such
hazards, and to indemnify and hold harmless the decision making authority
against any and all liabilities, claims, demands, damages, costs, expenses, and
amounts paid in settlement arising from any injury or damage due to such
hazards;

d. All nonconforming structures particularly when located on State tidelands or
beaches available for public use shall be removed;

e. Any existing impediments to public access shall be removed, wherever possible;

f. New development shall protect, and where feasible, expand and complete lateral
public pedestrian access along the waterfront with connectivity to beaches,
street-ends and shoreline areas providing public access (see Chapter 21.30A
(Public Access and Recreation);

g. Development shall comply with subsection (E) of this section, Development in
Shoreline Hazardous Areas, and Section 21.30.030, Natural Landform and
Shoreline Protection, as applicable;

h. New development and/or replacement structures shall be brought into
conformity with current standards for setbacks from the shoreline, bluff and/or
bulkhead.

E. Development in Shoreline Hazardous Areas.

1. Applicability. This subsection shall apply to coastal development permit applications

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for proposed development located in:

a. Shoreline areas identified as hazardous in the most current Local Hazard
Mitigation Plan (LHMP);

b. Shoreline areas identified in Section IV of Appendix A of this Implementation
Plan; and

c. Shoreline areas that are reasonably expected to be impacted by sea level rise
based on the best available science over the lifetime of the new development.

2. Coastal Hazards Report. Coastal development permit applications for development
proposed in shoreline areas subject to current or expected future erosion, flooding/
inundation, wave runup, or wave impacts, including those resulting from sea level
rise, shall include a coastal hazards report. The coastal hazards report shall use the
methodology in Appendix A and include the following:

a. A statement of the preparer’s qualifications;

b. Identification of coastal hazards affecting the site;

c. An analysis of the following conditions:

i. A seasonally eroded beach combined with long-term (seventy-five (75) year) erosion factoring in sea level rise;

ii. High tide conditions, combined with long-term (seventy-five (75) year)
projections for sea level rise;

iii. Storm waves from a one hundred (100) year event or a storm that compares
to the 1982/83 El Niño event;

iv. An analysis of bluff stability; a quantitative slope stability analysis that
shows either that the bluff currently possesses a factor of safety against
sliding of at least 1.5 under static conditions, and 1.1 under seismic
(pseudostatic conditions); or the distance from the bluff edge needed to
achieve these factors of safety; and

v. Demonstration that development will be sited such that it maintains a
factor of safety against sliding of at least 1.5 under static conditions and

In addition to all the other applicable specific provisions of this chapter, the following general provisions shall apply in review of subdivision of land:

A. Compliance with Local Coastal Program Required. Any proposed subdivision lying wholly
or partially within the coastal zone shall be designed to comply with and implement the
goals, policies and various components of the Local Coastal Program. No subdivision of
land shall be approved unless development of all created parcels can occur in compliance
with the applicable provisions of the certified Local Coastal Program.

B. Public Access and Open Space Areas. When the Local Coastal Program indicates the
location of a public accessway or of any permanent open space or conservation area within
the boundaries of a proposed subdivision, such accessway, open space or conservation area
shall be shown on the tentative map and offered for dedication to the City. When an
accessway, open space or conservation area is already in existence at the time a tentative
map is filed, the status of such accessway, open space or conservation area, whether public
or private, shall be identified on the map.

1. Where feasible, dedications shall provide connections to existing and proposed
bikeways and trail systems.

2. Park and recreational facilities shall be adequate to accommodate the needs of new
residents of the subdivision.

3. Where feasible, public trails, recreation areas, and viewing areas shall be provided
adjacent to public coastal view corridors.

4. New planned communities shall dedicate or preserve as open space the coastal bluff
face and an area inland from the edge of the coastal bluff adequate to provide safe
public access and to avoid or minimize visual impacts.

C. Hazardous Areas. Proposed subdivisions shall be designed to avoid current hazardous
areas, as well as areas that may become hazardous due to future changes, such as from sea

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City of Newport Beach, CA § 21.30.025 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.030

level rise, and minimize risks to life and property from coastal and other hazards. No
division of land near the shoreline, including along the shoreline and bluffs, and including
abutting the ocean, bays, lagoons, and other coastal water bodies, unless the new or
reconfigured parcels can be developed safe from geologic and other hazards for a minimum
of seventy-five (75) years, and unless shoreline protective devices are prohibited to protect
development on the resultant parcels.

D. Coastal Resource Protection. Proposed subdivisions shall be designed to minimize impacts
to natural landforms and shall preclude new development within environmentally sensitive
habitat areas (ESHA) and shall prevent impacts (e.g., fencing, vegetation removal, fuel
modification, etc.) that would significantly degrade ESHAs.

E. Alternative Transportation. Proposed subdivisions of one hundred (100) dwelling units or
more shall be designed to facilitate provision or extension of transit service to the new
subdivision. All new subdivisions shall also provide nonautomobile circulation within the
development to the greatest extent possible.

F. Private Streets. New private streets that inhibit public access to and along the shoreline and
to beaches, coastal parks, trails, or coastal bluffs are prohibited.

G. Piers and Docks. The creation of a new water-front lot shall not establish a right to an
accompanying boating facility (e.g., pier, dock, or mooring).
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. Purpose. This section provides regulations for the protection of natural landforms and shoreline features. The intent is to ensure that development is sited and designed to minimize hazards to life and property; to ensure the structural integrity of bluffs and canyons; to neither create nor contribute to erosion or adverse impacts on shoreline sand supply and the shoreline; to maintain a system of harbor bulkheads that are essential to the continued operation of Newport Harbor and to protect public access, public views, and scenic qualities of the coastal zone; and to implement policies of the Coastal Land Use Plan.

B. Applicability. This section applies to coastal development permit applications for
development applications on lots that abut or include bluffs, canyons, beaches, or the
shoreline.

C. Development Standards. Development proposed on coastal bluffs or within coastal canyons
or within shoreline areas identified in Section IV of Appendix A of this Implementation
Plan are subject to the following standards:

1. Bluff and Canyon Setbacks.

a. B Overlay and C Overlay Districts. As provided in Section 21.28.040 (Bluff (B)
Overlay District) and Section 21.28.050 (Canyon (C) Overlay District).

b. Planned Communities. Planned communities established before the January 27,
2006, certification date of the Coastal Land Use Plan (i.e., Bayside Residential,
Bayview Landing, Newport Coast, Newport Ridge, Newporter North (Harbor
Cove), Park Newport, and Upper Castaways) shall maintain the setbacks

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established by the approved site plan.

c. Bluff or canyon development setbacks shall be increased if found to be
necessary to ensure safety and the stability of the development by a coastal
hazard and/or geologic stability report required by Section 21.30.015(E).

d. Other Coastal Zoning Districts. As required by the development standards for
that coastal zoning district.

2. Landscaping and Irrigation. In addition to the standards in Section 21.30.075
(Landscaping), the following standards shall apply:

a. Plant material shall provide a transition area between developed areas and
natural habitats and shall be drought-tolerant and either native or noninvasive to
minimize the need for irrigation beyond initial plant establishment.

b. The selection and siting of landscaping materials shall minimize impacts to public views at maturity.

c. Permanent irrigation shall not be allowed on or near a bluff or canyon protected
by dedication to the Upper Newport Bay Nature Preserve or dedicated as open
space as part of a planned residential development. Temporary irrigation (e.g.,
above ground sprayers, microsprayers, drip irrigation, etc.) may be allowed on a
case-by-case basis as necessary to establish native or naturalized plant materials.
Temporary irrigation shall be removed upon establishment of the plant
materials.

d. Irrigation systems shall be designed to minimize coastal bluff and canyon
erosion. Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar
drip systems) shall be used on bluff and canyon faces and within fifty (50) feet
of a bluff edge or canyon edge. Low-flow sprinkler heads with matched
precipitation rates shall be used when spray or rotor-type heads are specified for
watering shrubs and groundcover areas.

3. Protective Structures. The following standards shall apply to the construction of
protective structures:

a. Limits on Use. The construction of protective structures shall be prohibited,
except to protect coastal-dependent uses, or public beaches in danger from
erosion and when designed to eliminate or mitigate adverse impacts on local
shoreline sand supply, and existing structures that are:

i. Not subject to recorded waivers of future protection.

ii. Threatened by natural hazards, provided that the protective structures are
limited to the minimum required to protect the existing structure and
located on private land, not State tidelands. For purposes of this
subsection, “existing structure” shall consist only of a principal structure
(e.g., residential dwelling, required garage, second residential unit, etc.)
and shall not include accessory structures (e.g., cabanas, decks,
landscaping, patios, pools, stairs, tennis courts, etc.).

b. Enlargement and Expansion of Land Areas. The construction of protective

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City of Newport Beach, CA § 21.30.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.030

structures shall be prohibited for the purpose of enlarging or expanding areas for new development or for new development. However, this shall not preclude the expansion or encroachment into coastal waters to the minimum extent necessary to repair, maintain, or replace an existing protective device that is in general alignment with any adjacent protective device(s). Under no circumstances shall the backfill be used to create new usable land areas.

c. Use of Sand Berms and Sand Dunes. In shoreline areas, temporary sand berms
and/or permanent sand dunes may be installed to protect structures from wave
uprush, provided that their installation minimizes significant impacts to coastal
access and resources. Temporary sand berms shall avoid all areas of existing
southern foredune and southern dune scrub habitat. When feasible, nonstructural
methods (e.g., dune restoration, sand nourishment, etc.) shall be used instead of
shoreline protective structures.

d. Protective devices shall be designed and sited to:

i. Be as far landward as possible and within private property, where feasible;

ii. Eliminate or mitigate adverse impacts to coastal resources;

iii. Minimize alteration of natural shoreline processes;

iv. Provide for public access to State tidelands and recreational areas and
facilities;

v. Minimize visual impacts and maximize the enjoyment of the natural
shoreline environment;

vi. Eliminate or mitigate adverse impacts on local shoreline sand supply;

vii. To have the smallest footprint possible; and

viii. Cause no reduction in public access, use, or enjoyment of the natural
shoreline environment, and preserve or provide access to public
recreational lands and facilities.

e. Mitigation Required. Mitigation shall be required, either through fees or other
actions as applicable and feasible, for adverse impacts on local shoreline sand
supply, for loss of sandy beach and other coastal habitats, and for adverse
impacts to public access, visual, and other coastal resources.

f. Periodic Monitoring Required. Periodic monitoring of the protective device and
surrounding site shall be required to examine excessive scour, erosion, or other
impacts to on-site and adjacent resources, exposure of subsurface elements, as
well as damage to the protective device or movement from its initial footprint.
The landowner shall apply for a coastal development permit to undertake any
necessary repair and maintenance to return the structure to its authorized
condition, including reburial of exposed subsurface elements and/or visual
treatment.

g. Limits on Authorization. Authorization of the protective device shall be limited
to the development being protected. Such permits shall expire when the existing

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City of Newport Beach, CA § 21.30.030 NEWPORT BEACH CODE § 21.30.030

structure requiring protection is redeveloped, is no longer present, or no longer
requires a protective device, whichever comes first. Coastal development
permits shall also be conditioned to require the removal of shoreline protective
devices when they are no longer needed.

h. Removal from State Tidelands Required. Encroachment permits and removal
agreements shall be required for protective structures that are located on State
tidelands and/or subject to potential future removal.

i. Bulkheads for nonresidential and residential waterfront development (as
identified in Section 21.30.015(C) and (D)). In cases where the coastal hazards
report required in Section 21.30.015(E)(2) establishes that an existing bulkhead
on the site cannot be removed and/or an existing or replacement bulkhead is
required to protect existing principal structures and adjacent development or
public facilities on the site or in the surrounding areas, the following shall apply
to new development:

i. The principal structure(s) shall be set back a sufficient distance from the
existing or replacement bulkhead to allow for repair and maintenance of
that bulkhead including access to any subsurface deadman or tiebacks;

ii. The principal structure(s) shall be set back a sufficient distance to allow for realignment of necessary bulkheads as far landward as possible and in alignment with bulkheads on either side;

iii. The development shall be in compliance with subsection (C)(3) of this
section, Protective Structures, to the maximum extent feasible;

iv. As a condition of approval an agreement shall be required between the
landowner, including its successors and assigns, and the City in favor of
the City, in a form approved by the City Attorney, and recorded by the
applicant, waiving rights to future protection, including repair or
maintenance, enhancement, reinforcement, or any other activity affecting
the bulkhead, that results in any encroachment seaward of the authorized
footprint of the bulkhead;

4. Removal or Relocation of Structures.

a. Structures Subject to Waivers. Development subject to a waiver of future
protection recorded in compliance with Section 21.30.015(E)(5) shall be
removed or relocated when threatened by erosion, instability, or other hazards.

b. Unauthorized Structures. Unauthorized structures, including protective
structures, fences, graded pathways and stairways, that encroach into bluffs or
canyons or State tidelands shall be removed.

5. Open Space Dedication for New Planned Communities. Coastal development permit
applications for new planned communities shall dedicate or preserve as open space
the bluff or canyon face and an area inland from the edge of the bluff or canyon
adequate to provide safe public access and to avoid or minimize visual impacts.

6. Swimming Pools. Swimming pools shall incorporate design features that minimize or
avoid leaks, such as use of double wall construction with subdrains between the walls

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City of Newport Beach, CA § 21.30.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.040

and leak detection devices or an equivalent method.

7. Site Planning and Design Techniques. Site design and construction techniques that
minimize adverse impacts on bluffs and canyons to the maximum feasible extent shall
be used.

a. Site Planning Techniques. Site planning techniques include, but are not limited
to, the following:

i. Siting new development on the flattest area of a site, except when an alternative location is more protective of bluff and canyon resources;

ii. Minimizing alteration of the site’s natural topography by blending altered
slopes into the natural site contours and by preserving rock outcroppings;

iii. Locating development within the existing building pads;

iv. Minimizing the removal of native vegetation; or

v. Clustering building sites; and

vi. Avoiding hazardous areas and minimize risks to life and property from
coastal, geologic, seismic, fire, and other hazards, including those resulting
from sea level rise over the life of the development.

b. Design Techniques. Design techniques include, but are not limited to, the
following:

i. Designing structures to conform to the natural contours of the site, and
arranging driveways and patio areas to be compatible with the slopes and
structure design;

ii. Utilizing special foundations (e.g., stepped, split-level, or cantilever
designs; etc.); or

iii. Detaching parts of the development (e.g., detaching a garage from a
dwelling unit); and

iv. Designing structures, as described in Appendix A, to include sea level rise
adaptation measures for an identified sea level rise scenario as well as
allow for the implementation of planned adaptation measures that could be
needed under other sea level rise scenarios in the future.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

This section provides standards for the provision of fences, hedges, walls, and retaining walls for development in all coastal zoning districts.

A. Maximum Height Allowed.

1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown
in Table 21.30-1. Fences, hedges, and walls shall not be allowed or allowed with a
reduced height when necessary to protect coastal resources such as public coastal

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City of Newport Beach, CA § 21.30.040 NEWPORT BEACH CODE § 21.30.040

view, public access, and sensitive habitat.

TABLE 21.30-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS

Location Maximum Height

Front setback areas. 42 inches. See subsection (B) of this section.

Rear and interior side setback areas. 6 feet in residential and commercial coastal
zoning districts.
8 feet in industrial coastal zoning districts
adjacent to residential uses.

Setback areas abutting or adjacent to the 42 inches from existing grade prior to
waterfront of Newport Bay, the shoreline of construction. Setback areas on Balboa Island
the Pacific Ocean, the Old Channel of the and Little Balboa Island that are abutting or
Santa Ana River (the Oxbow Loop), or the adjacent to Newport Bay are regulated by
channels in West Newport. subsection (B) of this section.

At intersections of streets, alleys and See Section 21.30.130 (Traffic Safety
driveways within traffic sight areas. Visibility Area).

2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured
from finished grade at the base of the wall, not including any required guardrails. A
minimum horizontal separation equal to the height of the tallest retaining wall shall
be provided between retaining walls, except that the required separation shall not be
more than six feet. The above requirements shall not apply to retaining walls that are
an integral part of principal structures. An increase in the height of a retaining wall
may be requested in compliance with Chapter 21.52 (Coastal Development Review
Procedures).

B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island,
Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay
Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to
a height of five feet; provided, that any portion of the fence or wall above two feet shall be
constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar
materials so that at least forty (40) percent of the portion of the fence or wall above two
feet is open. See Figure 3-1.

C. Exceptions to Maximum Height.

1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front
setback area is more than twenty-four (24) inches above the adjacent sidewalk (or
curb elevation where no sidewalk exists), a maximum twenty-four (24) inch high
retaining wall shall be allowed to be located at the front property line. Additional
retaining walls shall be allowed to a maximum height of thirty-six (36) inches each,
provided they are set back a minimum distance of twenty-four (24) inches from the
inward face of the previous retaining wall. Additional retaining walls shall be subject
to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed
atop the uppermost retaining wall for safety purposes, provided the guardrail is
constructed of open grillwork, wrought iron, lattice-work, pickets, or similar materials
so that at least forty (40) percent of the fence is open. See Figure 3-1.

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City of Newport Beach, CA § 21.30.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.040

2. Decorative Fence/Wall Details and Lights.

a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be
placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts,
etc.), provided they are secure and do not extend more than twelve (12) inches
above the maximum allowed height.

b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar
items) and light fixtures shall be limited to not more than one item or fixture for
every six lineal feet of fence or wall.

3. Fencing for Pools and Spas.

a. Swimming pools, spas, and other similar features shall provide safety fencing.

b. Fencing and guardrails for ponds, spas, and swimming pools located in a front
setback area or in the rear and side setback areas regulated as front setback areas
on lots with forty-two (42) inch height limitations may be allowed to exceed the
height limit in compliance with the following standards:

i. Fences shall be constructed of open grillwork, wrought iron, latticework,
pickets, or similar materials so that at least forty (40) percent of the fence
or wall is open. In lieu of the above, glass or Plexiglas may be allowed;
and

ii. Fence height shall be limited to the minimum required for safety.

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City of Newport Beach, CA § 21.30.040 NEWPORT BEACH CODE § 21.30.040

Figure 3-1
Grade Differential at Front Property Line

4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent
to nonresidential coastal zoning districts or commercial alleys, fences, walls, or
hedges may be up to eight feet in height in required residential side yards for buffering
and/or sound attenuation.

5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD 88
and Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and
walls within required side and rear yard setback areas may be increased provided the
height does not exceed six feet as measured from the proposed finished grade and

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City of Newport Beach, CA § 21.30.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.050

nine feet as measured from the existing grade prior to construction. Additionally, the
height of fences or walls shall not exceed nine feet as measured from the existing
grade of an abutting lot. The portion of the fence or wall above six feet in height
from the existing grade prior to construction shall be constructed of open grillwork,
wrought iron, latticework, pickets, or similar materials so that at least sixty (60)
percent of the fence or wall is open or is constructed of a transparent material.

6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum
hedge height shall be five feet.

D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located.

E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar
materials shall not be allowed in residential coastal zoning districts.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2022-1 § 1, 2022)

This section provides regulations for establishing the slope and grade of a lot for the purpose of identifying the surface from which to measure structure height to be used in conjunction with the provisions of Section 21.30.060 (Height Limits and Exceptions).

A. Establishment of Slope. In order to determine which of the two methods to use to establish
the grade of the lot from which to measure structure height as provided in subsection (B)
of this section, it is first necessary to determine the slope of the lot as follows:

1. The slope of a lot shall be determined using a four-sided polygon that most closely
approximates the actual footprint of the proposed structure. The area of the four-sided
polygon shall not be smaller than the footprint of the proposed structure and shall be
located entirely within the buildable area of the lot (see Figure 3-2);

2. The slope of the polygon shall be determined using the highest and lowest elevation
at any of the four corners of the polygon and the distance between the respective
corners;

3. If the location of the polygon selected by the applicant is not clearly representative of
the lot’s topography or representative of the prevailing slopes on adjoining lots
because of retaining structures or previous excavation/fill, the Director shall establish
the appropriate area to be used to determine the slope of the lot.

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City of Newport Beach, CA § 21.30.050 NEWPORT BEACH CODE § 21.30.050

Figure 3-2
Areas for Determining Slope

B. Establishment of Grade. The grade of a lot shall be established by one of the following
methods unless the Director establishes the grade in compliance with subsection (C) of this
section (Establishment of Grade by Director):

1. Subdivisions. If the City approves or has approved a grading plan in conjunction with
an approved subdivision, the established grade shall be the finished grade as shown
on the grading plan or final subdivision map.

2. Five Percent or Less Slope. On lots where the slope of the four-sided polygon is five
percent or less, the grade of the surface from which structure height is measured shall
be a plane established using the average of the elevations at each corner of the four-
sided polygon. Example: A + B + C + D = X; X/4 = Established grade elevation from
which to measure structure height.

3. More Than Five Percent Slope.

a. On lots where the slope of the four-sided polygon is greater than five percent, the established grade from which structure height is measured shall be a plane established by determining the elevation of the lot at five evenly spaced points along each of the two side property lines and connecting each of the points along a side property line with the corresponding point on the opposite side property line.

b. The five evenly spaced points along each side property line shall be located so
that one point is located at the intersection of the front setback line with the side
property line and another point is located at the intersection of the rear setback
line with the side property line. The other three points along the side property
line shall be located so that all five points are equidistant from each other (see
Figure 3-3).

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City of Newport Beach, CA § 21.30.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.060

Figure 3-3
Slope Greater Than Five Percent

c. On lots that slope an average of twenty (20) percent or greater, or on irregularly
shaped or sloping lots, the Director may require that additional points of
elevation be provided.

C. Establishment of Grade by Director. If the Director finds that the existing grade on the
subject lot has been previously altered (e.g., contains retaining structures, property line
walls, planters, or excavation/fill), or other conditions are present to the degree that the
existing grade is not representative of the prevailing grades on adjoining lots and/or the
general area and, therefore, is not appropriate for the purpose of establishing the grade of
the subject lot, the Director may establish the grade that is reasonable and comparable with
the grades of adjoining lots and that will not be detrimental or injurious to property and
improvements on adjoining lots.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. This section establishes regulations for determining compliance with the maximum allowable height limits established for each coastal zoning district by Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards).

B. Height of Structures and Measurement.

1. Structure Height Established. Structures shall not exceed the maximum allowable
height for the coastal zoning district in which the structure is located, except as
provided in subsection (C) of this section (Increase in Height Limit) or subsection (D)
of this section (Exceptions to Height Limits).

2. Height Measurement. Height shall be measured as the vertical distance from the
established grade of the pad to the highest part of the structure, including any

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City of Newport Beach, CA § 21.30.060 NEWPORT BEACH CODE § 21.30.060

protective guardrails and parapet walls. Structures with sloping roofs shall be
measured to the highest peak of the roof. Structures with flat roofs shall be measured
to the top of the roof, guardrail, or parapet wall. The established grade of the pad
shall be determined by one of the methods identified in Section 21.30.050 (Grade
Establishment).

3. Flood Hazard Areas.

a. Top of Slab Elevation for Interior Living Areas. The minimum required top of
slab elevation for interior living areas of all new development within flood
hazard areas shall be as established by the Flood Insurance Rate Maps
recognized by the Building Division as part of flood safety requirements and
maps adopted by the Council. Notwithstanding the building elevations
established by the Flood Insurance Rate Maps, the minimum required top of slab
elevation for interior living areas of all new structures/new development shall
be at least 9.00 (NAVD 88).

i. Sea Level Rise. The minimum required top of slab elevation for interior
living areas may be increased as necessary to minimize hazards associated
with long-term sea level rise over the economic life of the structure
identified in the coastal hazards report pursuant to Section
21.30.015(E)(2). To address the uncertainty inherent in sea level rise
projections (see Appendix A), adjustments to the top of slab elevation may
be based on a moderate sea level rise scenario within the projected range
of possible sea level rise amounts identified by the current best available
science, so long as the structure’s design can, if necessary, accommodate
future adaptation measures for the high sea level rise scenario that comply
with the certified LCP and do not result in coastal resource impacts.

b. Height Measurement. The height of a principal structure shall be measured from
the top of slab elevation.

c. Accessory Structures.

i. The height of accessory structures, except fences, hedges, walls, and
retaining walls (see Section 21.30.040) shall be measured from existing
grade of the lot prior to construction.

ii. Exception: When a new principal building is required to have the top of
slab constructed at elevation 9.00 NAVD 88 and when the grade
surrounding the new principal building is proposed to be increased, the
height of accessory structures shall be measured from the proposed
finished grade.

4. Structures on Ocean Boulevard. New structures and additions/changes to existing
structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be
constructed to a height greater than the elevation of the adjacent curb. The top of curb
height limit shall be established by a plane created by the extension of the top of curb
line across each lot.

C. Increase in Height Limit.

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City of Newport Beach, CA § 21.30.060 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.060

1. Procedure. The height limits established in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be increased within specified areas with approval of a coastal development permit when all applicable findings are met in compliance with subsection (C)(3) of this section (Required Findings). 2. Height Limit Areas. The height limit areas shall be as follows: a. R-A, R-1, R-BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-four (24) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a maximum of twenty-eight (28) feet with a flat roof or thirty-three (33) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in all R-A, R-1, R-BI, and R-2 Coastal Zoning Districts as shown on the Coastal Zoning Map. b. RM Coastal Zoning District Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty-seven (37) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map. c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is twenty- six (26) feet and the base height limit for structures with sloped roofs is thirty- one (31) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through the approval of a coastal development permit application as provided above. The shoreline height limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit shall apply to all nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning districts within its boundaries. The nonresidential, nonshoreline height limit area is identified as all of the area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). e. High Rise Height Area. In this height limit area, the maximum height limit shall

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City of Newport Beach, CA § 21.30.060 NEWPORT BEACH CODE § 21.30.060

be three hundred (300) feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential coastal zoning districts within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan).

f. Planned Communities Coastal Zoning District. Height limits established as part
of an adopted planned community shall be as specified in Section 21.26.055
(Planned Community Coastal Zoning District Development Standards). If a PC
District is located within the Shoreline Height Limit Area, per Map H-1, the
height of a structure may be increased through the approval of a coastal
development permit application as provided above, up to a maximum of thirty-
five (35) feet with a flat roof or forty (40) feet with a sloped roof
notwithstanding any other higher height limit identified in a PC District.

3. Required Findings. The review authority may approve a coastal development permit
to allow an increase in the height of a structure above the base height limit only after
first making all of the following findings in addition to the findings required in
Section 21.52.015(F):

a. The project is sited and designed to protect public views to and along the ocean
and scenic coastal areas; and

b. The project is sited and designed to minimize visual impacts and be visually
compatible with the character of surrounding areas; and

c. Where feasible, the project will restore and enhance visual quality in visually
degraded areas.

D. Exceptions to Height Limits. In cases where the exception to a height limit requires the
approval of a coastal development permit, the review authority may approve a coastal
development permit to allow an increase in the height of a structure above the base height
limit as described below only after first making all of the findings in subsection (C)(3) of
this section, in addition to the findings required in Section 21.52.015(F).

1. Assembly and Meeting Facilities. Structures used as places of worship may be
allowed to exceed the height limit subject to the approval of a coastal development
permit in compliance with Chapter 21.52 (Coastal Development Review Procedures).
Where more than one structure exists or is proposed for the site, only the principal
structure shall be eligible for approval to exceed the maximum height limit. No
increase above seventy (70) feet may be authorized within the Shoreline Height Limit
Area.

2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other
decorative rooftop features) of an open nature, but excluding guardrails, parapet
walls, and similar features, may be allowed up to the height limit for a sloped roof.
Architectural features with a height greater than that allowed for a sloped roof shall
be subject to the approval of a coastal development permit in compliance with
Chapter 21.52 (Coastal Development Review Procedures).

3. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented
nonresidential use may be allowed to exceed the maximum height limit up to a

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City of Newport Beach, CA § 21.30.060 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.060

maximum operating height of seventy (70) feet, subject to the approval of a coastal
development permit in compliance with Chapter 21.52 (Coastal Development Review
Procedures).

4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof-mounted
vents shall be allowed to exceed the allowed height limits as follows:

a. Chimneys may extend above the allowed height limit a maximum of two feet or
a greater height if required by the City’s Building Code;

b. Spark arrestors may extend above the top of a chimney a maximum of two feet,
provided they do not exceed a width of two feet and a length of four feet; and

c. Roof-mounted vents may extend above the allowed height limit a maximum of
twelve (12) inches or a greater height if required by the City’s Building Code.

5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that:

a. The total width of the dormer that exceeds the height limit shall not be greater
than thirty-five (35) percent of the length of the side of the structure where the
dormer is located;

b. The roof pitch of the dormer shall not be less than 2:12; and

c. The peak of the dormer shall not be higher than the peak of the roof on which it
is located.

6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by the California Building Code, provided they do not exceed thirty (30) square feet in area, unless a larger elevator is required by the California Building Code and/or the Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by the California Building Code and/or the Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs with a minimum 3/12 pitch. 7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures. 8. Flagpoles. a. Ground-mounted flagpoles shall be allowed in residential coastal zoning districts to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning districts to a maximum height of thirty-five (35) feet. b. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning districts shall be allowed to exceed the maximum height limit by up to twenty (20) feet. 9. Landmark Structure. An alteration or addition to a landmark structure shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall not exceed a maximum of fifty-five (55) feet in height. The coastal development

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City of Newport Beach, CA § 21.30.060 NEWPORT BEACH CODE § 21.30.060

permit may be approved only if all of the following findings are first made in addition
to those findings identified in Section 21.52.015(F):

a. The portion of the structural alteration or addition that exceeds the height of the
existing structure does not significantly impact public views from public rights-
of-way.

b. The portion of the structural alteration or addition that exceeds the height of the
existing structure will not be used in a manner that increases the intensity of the
use of the landmark building.

c. The allowed height of the landmark building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the landmark building.

10. Light Standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a coastal development permit in compliance with Chapter

A. Applicability. This section provides regulations for rooftop and freestanding signs.

B. Prohibited Sign Types. The following signs and sign types shall be prohibited throughout
all coastal zoning districts of the City:

1. Pole signs.

2. Roof signs.

C. Billboard Policy. The City completely prohibits the construction, erection or use of
billboards, other than those that legally exist in the City, or for which a valid permit has
been issued and has not expired, as of the date on which this provision was first adopted.
Permits shall not be issued for billboards that violate this policy, and the City will take
immediate abatement action against billboards constructed or maintained in violation of
this policy. The Council affirmatively declares that it would have adopted this billboard
policy even if it were the only provision in this chapter. The Council intends for this
billboard policy to be severable and separately enforceable even if other provisions of this

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City of Newport Beach, CA § 21.30.065 NEWPORT BEACH CODE § 21.30.065

chapter may be declared, by a court of competent jurisdiction, to be unconstitutional,
invalid, or unenforceable.

D. Standards for Freestanding Signs. Table 21.30-2 provides regulations for permanent
freestanding signs.

Table 21.30-2
Freestanding Signs

Maximum
Allowed Maximum Maximum Sign Location Lighting Additional
Sign Class Sign Types Number Sign Area Height Requirements Allowed Requirements

RESIDENTIAL COASTAL ZONING DISTRICTS

Identification sign Ground sign 1 per multi- 12 sq. ft. Below eave Near main Yes Cabinet signs
Multi-unit uses unit use of roof or entrance not allowed
parapet for
wall sign

Residential Ground 2 per primary 40 sq. ft. 6 ft. At primary Indirect Cabinet signs
community entrance total entrances to only not allowed
identification residential
signs community

Signs for allowed Ground sign 1 per use 12 sq. ft. Below eave Near main Yes Cabinet signs
non-residential of roof or entrance not allowed
uses parapet for
wall sign

COMMERCIAL AND INDUSTRIAL COASTAL ZONING DISTRICTS

On-site sign Free- 1 freestanding 1 sq. ft. of Not to Located on Yes
standing sign allowed sign area exceed 20 street frontage
signs. per site. per lineal ft. in height only. At least
Permitted on May be used foot of for pylon 15 feet from
sites with in primary signs, or 8 any building
minimum 50 combination street ft. sign and 50
ft. of with other frontage, maximum feet from any
frontage. allowed 75 sq. ft. height and freestanding
building max. per 6 ft. sign on an
signs. sign. maximum adjacent site.
Additional average
signs for sites height for
with more monument
than 300 signs.
linear feet of
street frontage
through the
approval of a
comprehensive
sign program.

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City of Newport Beach, CA § 21.30.065 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.070

Table 21.30-2 Freestanding Signs

Maximum Allowed Maximum Maximum Sign Location Lighting Additional Sign Class Sign Types Number Sign Area Height Requirements Allowed Requirements

Business Ground sign 1 per multi- 8 sq. ft. of 8 ft. Near main No
directory tenant site. sign area. maximum. entrance and
Multi-tenant site 6 ft. oriented to
maximum pedestrians.
average.

OS, PI, PR, AND PF COASTAL ZONING DISTRICTS

On-site sign Free- 1 freestanding 1 sq. ft. of 8 ft. Located on Yes
standing monument sign area street frontage
signs. sign allowed per lineal only. At least
Permit-ted per site. May foot of 15 feet from
on sites with be used in primary any building
minimum 50 combination street sign and 50
ft. of with other frontage, feet from any
frontage. allowed 75 sq. ft. freestanding
building max. per sign on an
signs. sign, adjacent site.
Additional
signs for sites
with more
than 300
linear feet of
street frontage
through the
approval of a
comprehensive
sign program.

Directory sign Ground sign. 1 per 8 sq. ft. of 8 ft. Near main No
multitenant sign area. maximum. entrance and
site. 6 ft. oriented to
maximum pedestrians.
average.

(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2021-18 § 1, 2021)

This section establishes outdoor lighting standards in order to reduce the impacts of glare, light trespass, overlighting, sky glow, and poorly shielded or inappropriately directed lighting fixtures, and promote safety and encourage energy conservation.

A. General Outdoor Lighting Standards.

1. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and

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City of Newport Beach, CA § 21.30.070 NEWPORT BEACH CODE § 21.30.075

maintained to shield adjacent properties, and not flood light toward the shoreline,
coastal waters and coastal bluffs and to not produce glare onto adjacent properties,
roadways, the shoreline, coastal waters or coastal bluffs. Parking lot light fixtures and
light fixtures on buildings shall be full cut-off fixtures.

2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited, except if approved as an accessory feature on a temporary
basis in conjunction with a special event.

3. A photometric study may be required as part of an application for a coastal
development permit if it is determined that there is potential for a negative impact to
surrounding land uses or sensitive habitat areas.

4. If in the opinion of the Director existing illumination creates an unacceptable negative
impact on surrounding land uses or sensitive habitat areas the Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.

B. Light Standards within Parking Lots. Light standards within parking lots shall be the
minimum height required to effectively illuminate the parking area and eliminate spillover
of light and glare onto adjoining properties and roadways. To accomplish this, a greater
number of shorter light standards may be required as opposed to a lesser number of taller
standards.

C. Outdoor Lighting Standards for Buildings, Statues, Other Manmade Objects, and
Landscapes. Spotlighting or floodlighting used to illuminate buildings, statues, signs, or
any other objects mounted on a pole, pedestal, or platform or used to accentuate
landscaping shall consist of full cut-off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the object
intended to be illuminated to minimize glare, sky glow, and light trespass. The beam width
shall not be wider than that needed to light the feature with minimum spillover. The lighting
shall not shine directly into the window of a residence or directly into a roadway. Light
fixtures attached to a building shall be directed downward.

D. Environmentally Sensitive Habitat Areas. See Section 21.30B.030(E)(5).
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. Applicability. This section applies to development adjacent to or containing a beach, wetland, or sand dune, coastal bluff, coastal canyon, or within fifty (50) feet of the edge of a coastal bluff or stream, or in an environmentally sensitive habitat area shall provide landscaping in compliance with this section.

B. General Landscape Standards.

1. Impervious Surfaces in R-1 and R-2 Coastal Zoning Districts.

a. Impervious surface areas, excluding driveways, shall not exceed fifty (50)
percent of the front yard area with the remaining area landscaped with plant
material. The use of pervious materials for walkways, porches, and outdoor
living areas is allowed.

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City of Newport Beach, CA § 21.30.075 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.075

b. Where the typical neighborhood pattern of front yards has been developed with
hardscaped outdoor living areas that exceed the fifty (50) percent maximum for
impervious surfaces the Director may waive this requirement.

2. Safety Requirements. Landscape materials shall be located so that at maturity they do
not:

a. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in
compliance with Section 21.30.130 (Traffic Safety Visibility Area);

b. Conflict with overhead utility lines, overhead lights, or walkway lights; or

c. Block roadways, pedestrian access, or bicycle ways.

3. Plant Selection and Grouping. Plant materials appropriate to habitat type shall be
selected for low water demand and drought tolerance; adaptability and relationship to
the Newport Beach environment, and the geological and topographical conditions of
the site; color, form, and pattern; ability to provide shade; and soil retention
capability.

a. Drought Tolerant Species. Landscape designs shall emphasize the use of
drought tolerant plant species (xeriscape).

b. Invasive Plant Species. Invasive plants are generally those identified by the
California Invasive Plant Council and California Native Plant Society in their
publications. Established invasive species shall be removed and the planting of
invasive species shall be prohibited in the following areas:

i. Environmentally Sensitive Habitat Areas (ESHA) and ESHA buffer areas.

ii. Fuel modification zones abutting an ESHA and sites where a biological survey has identified significant natural habitat.

iii. Natural habitat and nonurbanized areas.

iv. Within fifty (50) feet of a designated environmentally sensitive habitat
area.

c. Dune Habitats. Plant materials in southern coastal foredune and southern dune
scrub habitat areas shall be restricted to native plant species.

d. ESHA Buffers. See Chapter 21.30B (Habitat Protection).

e. Deciduous Trees. Landscape designs shall maximize the use of deciduous trees.

f. Grouping of Plants. Plants having similar water use requirements shall be
grouped together in distinct hydrozones.

4. Maintenance.

a. Landscape materials and landscaped areas shall be maintained in compliance
with an approved landscape plan.

b. Landscaped areas shall be maintained in a healthy and growing condition and
shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas

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City of Newport Beach, CA § 21.30.075 NEWPORT BEACH CODE § 21.30.085

shall be exempt from the healthy and growing condition provision when the
City Council has declared a Level Three water supply shortage and all lawn,
landscape, and other vegetated areas shall be exempt from the healthy and
growing condition requirement when the City Council has declared a Level Four
water supply shortage.

c. Landscaped areas shall be kept free of weeds, debris, and other undesirable
materials.

d. Irrigation systems shall be kept in good operating condition, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
Adjustments to eliminate overspray or runoff shall be made on a regular basis.

e. The nonnative and invasive ornamental plant species shall be removed in areas
where such materials are restricted or prohibited by subsection (B)(3)(b) of this
section.

f. Landscape materials and landscaped areas shall be maintained to minimize
impacts to public viewsheds to the greatest extent feasible.

C. Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. Use of recycled/reclaimed water for irrigation instead of potable water is encouraged.

D. Fuel Modification. See Section 21.30.015(E)(6).
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2018-16 § 4 (Exh. A)(part), 2018)

A. Applicability. All planting, irrigation, and landscape-related improvements required by this section shall apply to the following:

1. New landscape installations with a landscaped area equal to or greater than five
hundred (500) square feet or which otherwise require a ministerial permit for a
landscape or water feature;

2. Landscape rehabilitation projects with a landscaped area equal to or greater than two
thousand five hundred (2,500) square feet or which otherwise require a ministerial
permit for a landscape or water feature.

B. Exceptions. This section does not apply to:

1. Landscape rehabilitation projects that consist of replacement plantings with equal or
lower water needs and the irrigation system is designed, operable and programmed to
comply with the City’s water conservation regulations;

2. Registered local, State, or Federal historical sites;

3. Ecological restoration projects that do not require a permanent irrigation system;

4. Existing plant collections, as part of botanical gardens and arboretums open to the
public; or

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City of Newport Beach, CA § 21.30.085 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.100

5. Landscape in hazard reduction and fuel modification zones, where applicable.

C. Landscape Water Use Standards. For new landscape installation or rehabilitation projects
subject to subsection (A) of this section, the estimated applied water use allowed for the
landscaped area shall not exceed the maximum applied water allowance (MAWA)
calculated using an evapotranspiration (ET) adjustment factor of 0.7, except for special
landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or
the design of the landscaped area shall otherwise be shown to be equivalently water
efficient in a manner acceptable to the City.

D. Plant Selection. Plant materials shall be selected for low water demand and drought
tolerance. The planting of invasive species shall be prohibited. Invasive plants are generally
those identified by the California Invasive Plant Council and the California Native Plant
Society in their publications.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. Purpose. The purpose of this section is to ensure that development shall be sited and designed to protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and other scenic coastal areas.

B. Initial Evaluation. Any coastal development permit application for development involving
the construction of a new building or the expansion of an existing building and having one
or more of the characteristics listed below shall be reviewed to evaluate the development’s
impact to a public viewshed or the scenic and visual qualities of the coastal zone.

1. The development site is located between the first public roadway paralleling ocean,
bay, harbor, channels, estuary, marsh, or slough.

2. The development site is located on a coastal bluff or canyon.

3. The development site is adjacent to, or within the viewshed of, a public view point,
coastal view road, public park or beach, or public accessway, as identified on Coastal
Land Use Plan Map 4-3 (Coastal Views).

4. The development site contains significant natural landforms or natural vegetation.

C. Visual Impact Analysis. Where the initial evaluation indicates that a proposed development
has the potential to significantly impact a public view or viewshed, or the scenic and visual
qualities of the coastal zone, a view impact analysis shall be prepared at the project
proponent’s expense. The analysis shall include recommendations to avoid or minimize
impacts to public views from the identified public view points and corridors identified in
Policy 4.4.1-6 and Map 4-3 of the Coastal Land Use Plan.

D. Siting and Design. Development shall be sited and designed in accordance with the
following principles, where applicable in order to meet the purpose of section:

1. Avoid or minimize impacts to public coastal views and, where feasible, restore and
enhance the scenic and visual qualities of the coastal zone.

2. Development on the edges of public coastal view corridors, including those down

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City of Newport Beach, CA § 21.30.100 NEWPORT BEACH CODE § 21.30.100

public streets, shall be designed and sited to frame and accent public coastal views.

3. Clustering of buildings to provide open view and access corridors to the harbor.

4. Modulation of building volume and mass.

5. Variation of building heights.

6. Inclusion of porticoes, arcades, windows, and other “see-through” elements in addition to the defined open corridor. 7. Minimization of landscape, fencing, parked cars, and other nonstructural elements that block views and access to the harbor. 8. Prevention of the appearance of the harbor being walled off from the public right-of- way. 9. Inclusion of setbacks that in combination with setbacks on adjoining parcels cumulatively form functional view corridors. 10. Encourage adjoining property owners to combine their view corridors to achieve a larger cumulative corridor than would be achieved independently. 11. Where feasible, development along coastal view roads shall prevent an appearance of the public right-of-way being walled off from the public viewsheds.

   E. Landform Alteration. Development shall be sited and designed to minimize the alteration of gullies, ravines, rock outcroppings, and other natural landforms and the removal of native vegetation. Site design and construction techniques include, but are not limited to, the following: 1. Siting development on the flattest area of the site, except when an alternative location is more protective of coastal resources. 2. Utilizing existing driveways and building pads to the maximum extent feasible. 3. Clustering building sites. 4. Shared use of driveways. 5. Designing buildings to conform to the natural contours of the site, and arranging driveways and patio areas to be compatible with the slopes and building design. 6. Utilizing special foundations, such as stepped, split level, or cantilever designs. 7. Detaching parts of the development, such as a garage from a dwelling unit. 8. Requiring any altered slopes to blend into the natural contours of the site.

   F. Landscape Standards. Landscape improvements shall be installed and maintained to ensure that landscape materials do not unnecessarily obstruct public views at maturity. Landscaping at the edges of roads from which there is an identified public view should be designed, planted and maintained to frame and accent public views.

   G. Utilities. New utility connections and appurtenant and associated utility equipment for proposed new development shall be sited and designed to minimize visual impacts to scenic

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City of Newport Beach, CA § 21.30.100 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.105

and visual qualities of the coastal zone and placed underground, unless the Public Works Director determines that undergrounding is physically infeasible. New major utilities shall be sited and designed to protect public views to and along the ocean and scenic coastal areas and to be visually compatible with the character of surrounding areas.

H. Other Development Features. Freestanding signs, rooftop equipment, antennas, wireless
tele-communication facilities, and other project features shall be sited and designed to
ensure they minimize impacts to public views.

I. View Protection Easement. The review authority shall require applicants to provide public
view protection through deed restriction and/or public view protection easements.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

A. Archaeological/Paleontological Resources.

1. Purpose and Intent. The purpose and intent of this regulation is to ensure that
archaeological/pale-ontological cultural resources are afforded protection on sites
known to contain or are suspected of containing archaeological/paleontological
cultural resources. This regulation provides for the determination of the nature and
extent of on-site archaeological/paleontological cultural resources during the early
stages of planning for the development of the site, thereby allowing for a full range of
mitigation options. Accordingly, development sites with known or high potential for
the presence of archaeological/paleontological cultural resources are required to be
analyzed through a comprehensive archaeological research plan (ARP) and
implemented through a coastal development permit, prior to consideration of a permit
to develop the site. By this process, the ARP is then used to guide any subsequent
development of a site. The ARP, when properly designed and reviewed by qualified
archaeologists, along with consultation with Native American groups with ancestral
ties to the area can establish whether the site was used in prehistoric times by Native
Americans, determine whether evidence of that use remains and provide for the in
situ preservation of intact significant resources and other mitigation options to
otherwise protect significant cultural resources on site. The regulation also provides
procedures for archaeological and Native American monitoring of grading and other
activities during project development in order to ensure that any newly discovered
cultural resources are protected.

2. Applicability. The requirements in this subsection shall apply to all coastal
development permit applications that involve grading, or excavation, or other
development activity that may impact archaeological/paleontological cultural
resources and that have one or more of the following characteristics:

a. Projects located within three hundred (300) feet of an identified paleontological/
archaeological site in the Coastal Resources Information Center database of
California State University, Fullerton, where archaeological/paleontological
cultural resources are reasonably suspected to be present or areas identified by
or otherwise known to the City as having potential paleontological/
archaeological sites.

b. Where evidence of potentially significant paleontological/archaeological

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City of Newport Beach, CA § 21.30.105 NEWPORT BEACH CODE § 21.30.105

resources is found in an initial study conducted pursuant to the California
Environmental Quality Act (CEQA).

3. Procedures. All applicable projects shall comply with the following procedures:

a. Preparation and Implementation of an Archaeological Research Plan (ARP).

i. When an ARP Is Required. When a development is proposed in an area
where there are known or has potential for archaeological or
paleontological resources on the site an Archaeological Research Plan
(ARP) shall be prepared by a qualified archaeologist/paleontologist and
implemented through a coastal development permit before the submittal of
a coastal development permit for the proposed development of the site.
The purpose of the ARP is to determine whether or not significant cultural
resources are present, determine the boundaries of cultural resources, and
provide measures that result in the avoidance and/or minimization of
impact to archaeological or paleontological cultural resources present on
the site. A coastal development permit is required to implement an ARP
since such implementation involves development (e.g., excavating shovel
test pits, trenching, etc.) that has the potential to result in significant
impacts to known or suspected on-site cultural resources.

Subsequent development of the site shall be subject to approval of a coastal
development permit and shall be guided by the results of the approved
ARP.

ii. Elements of the ARP. At a minimum, the ARP shall:

(A) Include a statement of the qualifications of the preparer and shall be prepared in accordance with current professional practice, in consultation with appropriate Native American groups as identified by the Native American Heritage Commission (NAHC), and be reviewed by at least three archaeologists (peer review committee), NAHC, and the State Historic Preservation Officer. The peer review committee shall be convened in accordance with current professional practice and shall be comprised of qualified archaeologists.

(B) Be designed and carried out with the goal of determining the extent
of on-site cultural resources and shall include, but not be limited to,
postulation of a site theory regarding the archaeological/paleonto-
logical cultural history and prehistory of the site, the types and
quantities of resources expected to be encountered, identification of
their significance (which shall not be limited to whether any site is
eligible for listing in the National or State Register of Historic
Places), the potential impacts of development to those resources,
investigation methods to be implemented in order to locate and
identify, in the least destructive manner, all archaeological/
paleontological cultural resources on site.

(C) Include a mitigation plan taking into consideration the
archaeological/cultural resources discovered as a result of the
investigation and shall be based on a full range of mitigation options

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City of Newport Beach, CA § 21.30.105 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.105

including avoidance of impacts to significant resources, measures designed to reduce or eliminate those impacts, including maintaining significant intact cultural resources “in situ.”

(D) Also include recommendations for monitoring and mitigation during any approved subsequent grading or other development activity in order to avoid impacts to additional archaeological/cultural resources should they be discovered. The approved ARP, prepared as specified above, shall be fully implemented prior to submittal of a coastal development permit application for subsequent grading or development of the site.

b. Subsequent Monitoring and Mitigation Plan to Be Implemented in Conjunction
with Approval of a Coastal Development Permit for Project Grading and
Construction Activities.

i. Even after implementation of an approved ARP, prepared in accordance
with the above provisions, there is potential for proposed development
activity to adversely affect archaeological/paleontological resources, a
qualified paleontologist/archeologist shall monitor all grading and/or
excavation activities. Therefore, a coastal development permit application
for any subsequent development at the site shall include the submittal of
evidence that the approved ARP, including all mitigation, has been fully
implemented. Further, the coastal development permit for subsequent
development of the site shall include the requirement for the submittal of a
Monitoring and Mitigation Plan to be implemented during any site
grading, utility trenching or any other development activity that has the
potential to uncover or otherwise disturb archaeological/cultural resources
and shall provide for appropriate mitigation measures for any additional
resources that are found. The elements of the Monitoring and Mitigation
Plan shall be consistent with subsection (A)(3)(ii)(A) of this section and
specify that sufficient archaeological and Native American monitors must
be provided to assure that all activity that has the potential to uncover or
otherwise disturb cultural deposits will be monitored at all times while
those activities are occurring. The Monitoring Plan shall be ongoing until
grading activities have reached sterile soil. The plan shall include at a
minimum:

(A) Procedures for selecting archaeological monitor(s) qualified by the
California Office of Historic Preservation (OHP) standards, and
Native American monitor(s) with documented ancestral ties to the
area, as well as the Native American most likely descendant (MLD),
when State law mandates identification of a MLD, appointed
consistent with the standards of the Native American Heritage
Commission (NAHC), to monitor all grading and/or excavation
activities;

(B) Procedures that shall be followed should grading operations or
excavations uncover paleonto-logical/archaeological resources,
including:

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City of Newport Beach, CA § 21.30.105 NEWPORT BEACH CODE § 21.30.105

(1) A requirement that all development activity within a minimum
fifty (50) feet of the discovery or a greater area to be determined
by the archaeologist or paleontologist shall be suspended and
the Director shall be immediately notified of the discovery to
avoid destruction of resources until a determination can be
made as to the significance of the paleontological/
archaeological resources;

(2) A requirement that compliance with the applicable State and
Federal laws shall occur upon the discovery of any human
remains; and

(3) A requirement that a significance testing plan be undertaken to
determine the significance of the discovery and the procedures
to be followed to allow for recommencement of development
following the significance determination, including the
requirement for a supplemental archaeology plan if the
resources are found to be significant.

ii. The Monitoring and Mitigation Plan shall include demonstration of a good
faith effort to avoid impacts to the resources through measures including
project redesign, in situ preservation/capping, and placing cultural
resource areas in open space; if avoidance of the resource is not feasible, a
recovery and/or relocation plan for mitigating the effect of the
development shall be required.

B. Historical and Architectural Resources.

1. Applicability. The requirements in this subsection shall apply to all coastal
development permit applications involving the expansion, reconstruction, structural
alteration, or demolition of structures or sites having one or more of the characteristics
listed below:

a. A site listed, or containing a building, monument, object, or structure that is
listed, on the:

i. Newport Beach Register of Historical Property;

ii. California Register of Historical Resources; or

iii. National Register of Historic Places.

b. A site where evidence of potentially significant historical resources is found in
an initial study conducted in compliance with the California Environmental
Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.).

2. Initial Evaluation. An application for approval of any project or development activity
involving a historic resource identified in subsection (A) of this section shall be
reviewed to determine whether the project may have a substantial adverse impact as
defined by the California Environmental Quality Act (CEQA), on an historical
resource.

3. Site-Specific Study. If the initial evaluation indicates that the proposed development

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City of Newport Beach, CA § 21.30.105 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.110

may result in significant impacts to historical resources, the Director shall have the authority to require a site-specific study to be performed by a qualified professional. The study shall describe the significance of the resources; discuss the possible adverse impacts; and identify mitigation measures designed to reduce or eliminate those impacts.

4. Rehabilitation Incentives. The following incentives may be available to owners of
historic properties identified in subsection (B)(1) of this section (Applicability):

a. To promote adaptive reuse, the State Historic Building Code may be applied to
buildings or structures; and

b. The Commission may grant reductions or waivers of City application fees, City
permit fees, and/or any liens placed by the City on properties listed in the
Newport Beach Register of Historical Property in exchange for preservation
easements.

5. Offer for Relocation of Historic Structure. Before issuance of a permit by the
Community Development Director for the demolition of an historic structure the
applicant shall first offer the structure for relocation by interested parties.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 9), 2025)

This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards.

A. Setback Requirements.

1. Structures.

a. Principal Structures. Principal structures shall conform with the setback
requirements established for:

i. Each zoning district in Part 2 of this Implementation Plan (Coastal Zoning
Districts, Allowable Land Uses, and Coastal Zoning District Standards);

ii. Any specific uses identified in Part 4 of this Implementation Plan
(Standards for Specific Land Uses);

iii. Any special setback areas established in Section 21.28.040 (Bluff (B)
Overlay District) or Section 21.28.050 (Canyon (C) Overylay District);
and

iv. Any special setback areas established in this Implementation Plan.

b. Accessory Structures. All accessory structures shall comply with the setback
requirements established for:

i. Accessory structures in subsection (D)(2) of this section (Accessory
Structures) and any allowed encroachments;

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City of Newport Beach, CA § 21.30.110 NEWPORT BEACH CODE § 21.30.110

ii. Any specific uses identified in Part 4 of this Implementation Plan
(Standards for Specific Land Uses);

iii. Any special setback areas established in Section 21.28.040 (Bluff (B)
Overlay District) or Section 21.28.050 (Canyon (C) Overlay District); and

iv. Any other special setback areas established in this Implementation Plan.

2. Setback Areas to Be Open. Each required setback area shall be open and unobstructed
from the ground upward, except as provided in this section.

B. Location and Measurement of Setbacks. Setbacks shall be located and measured as follows:

1. General.

a. Measure at Right Angles. The distance/depth of a setback area (i.e., front, side,
or rear) shall be measured at right angles from the nearest property line
establishing a setback area line parallel to that property line.

b. Future Street Right-of-Way. Whenever a future street right-of-way line is officially established, required setback areas shall be measured at right angles from the established future right-of-way line(s).

2. Front Setback Area.

a. General. The front setback area shall extend across the entire width of the lot
frontage.

b. Corner Lots. The front setback area for a corner lot shall be the required distance
parallel to the shortest property line adjoining the street.

3. Side Setback Area. The side setback area shall be established by a line parallel with
the side property line and extending between the front and rear setback areas.

4. Street Side Setback Area. The side setback area on the street side of a corner lot shall
be established by a line parallel with the side property line adjoining the street and
extending between the front and rear setback areas.

5. Rear Setback Area.

a. General. The rear setback area shall extend across the entire width of the rear of
the lot.

b. Irregularly Shaped Lots. Where the side lot lines converge to a point at the rear
of the lot and make an angle ninety (90) degrees or less, a line ten (10) feet long
within the lot, parallel to and at a maximum distance from the front lot line, shall
be deemed to be the rear lot line for the purpose of determining the depth of the
required rear setback area. Where the angle created by the convergence of two
side lot lines at the rear of the lot is greater than ninety (90) degrees, a line ten
(10) feet long measured from the point of convergence and perpendicular to the
front lot line shall establish the location of the required rear setback line. See
Figure 3-4 (Rear Setback Areas on Irregularly Shaped Lots).

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City of Newport Beach, CA § 21.30.110 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.110

Figure 3-4
Rear Setback Areas on Irregularly Shaped Lots

C. Alternative Setback Area Location. In cases where the application of the setback area is not
consistent with the character or general orientation of other lots in the vicinity, the Director
may redefine the location of the front, side, and rear setback areas to be consistent with
surrounding properties. The reorientation of setback areas is not applicable to the Bluff
Overlay District and Canyon Overlay District.

D. Allowed Encroachments into Setback Areas. Encroachments into required setback areas
are allowed in compliance with the standards in this subsection, except as provided in
subsection (D)(1) of this section.

1. General Regulations.

a. Setbacks on Setback Maps. Notwithstanding any requirements in this section,
all setback areas identified on the setback maps shall be regulated as front
setback areas.

b. Overlay Districts. The encroachments allowed by this subsection shall not apply
to designated bluff and canyon setback areas. Refer to Sections 21.28.040 (Bluff
(B) Overlay District) and 21.28.050 (Canyon (C) Overlay District) for setback
regulations and encroachments.

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City of Newport Beach, CA § 21.30.110 NEWPORT BEACH CODE § 21.30.110

c. Alleys. No encroachments at the ground level are allowed within the required
setback area of a lot abutting an alley. Rear setback areas abutting alleys shall
be kept clear of obstructions.

d. Waterfront Areas. Allowed encroachments into required setback areas abutting
or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean,
the Old Channel of the Santa Ana River (the Oxbow Loop), or the channels in
West Newport shall not exceed a height of forty-two (42) inches above the
existing grade.

e. Traffic Safety Visibility Areas. See Section 21.30.130 for restrictions on
encroachments into traffic safety visibility areas.

f. Special Flood Hazard Area (VE) Overlay. Encroachments allowed by this
subsection shall apply to properties within the VE Overlay except as modified
by #st 21.28.070 (VE Overlay). See § 21.28.070 (VE Overlay) for setback
regulations and additional authorized encroachments.

2. Accessory Structures.

a. Accessory structures, including housings for mechanical equipment, not more
than six feet in height and totaling no more than one hundred fifty (150) square
feet per structure, may be located within a required side or rear setback area
other than a rear setback area abutting an alley.

b. Arbors, trellises, and similar garden structures may be allowed to encroach into required front, side, and rear setback areas subject to the following limits:

i. The maximum footprint of the structure shall not exceed sixteen (16)
square feet; and

ii. The maximum height of the structure shall not exceed nine feet.

c. Display areas for new motor vehicles associated with an allowed vehicle sales
facility may encroach into a required front or street side setback area, provided
a setback of at least two feet is maintained from the street adjacent property line.

d. Fences, hedges, and walls may be established within required setback areas in
compliance with the requirements of Section 21.30.040 (Fences, Hedges, Walls,
and Retaining Walls).

e. Decks, landings, patios, platforms, porches, steps, and terraces, and similar
structures not more than eighteen (18) inches in height measured from the
existing grade may be located within a required side or rear setback area other
than those abutting an alley.

3. Architectural Features.

a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30)
inches into a required front, side, or rear setback area, including required third
floor front or rear setbacks; provided, that no architectural feature shall project
closer than twenty-four (24) inches from a side property line and a minimum
vertical clearance of at least eight feet above grade is maintained.

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City of Newport Beach, CA § 21.30.110 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.110

b. Decorative architectural features (e.g., belt courses, ornamental moldings,
pilasters, and similar features) may encroach up to six inches into a required
setback area.

4. Awnings and Canopies. Awnings and canopies may encroach into required setback
areas up to a maximum of five feet subject to the following limits:

a. Residential Districts.

i. Front: one-half the depth of the required front setback area.

ii. Side: zero feet, except over doors up to twenty-four (24) inches from
property line, maximum width shall not exceed the standard width of a
door plus twelve (12) inches.

iii. Rear: two and one-half feet.

iv. Vertical clearance: six and one-half feet above grade.

b. Nonresidential Districts, including Mixed-Use Districts.

i. Front: one-half the depth of the required front setback area.

ii. Side: two feet.

iii. Rear: one-half the depth of the required rear setback area.

iv. Vertical clearance: eight feet above grade.

5. Balconies Abutting East Ocean Front and West Ocean Front.

a. Balconies may encroach up to a maximum of thirty-six (36) inches into a
required front setback area along East Ocean Front and West Ocean Front.
Balcony railings shall not exceed a maximum height of forty-two (42) inches
and shall be constructed of either transparent material (except for supports) or
opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is open.

b. Balconies shall be cantilevered so that no underlying support is necessary. Roofs
over balconies shall not be allowed to encroach into required front setback areas
except as provided in subsection (D)(3) of this section (Architectural Features).

6. Bay Windows and Greenhouse Windows. Bay windows and greenhouse windows
shall be allowed to encroach into required setback areas subject to the following
limits:

a. No more than two bay windows or greenhouse windows shall be allowed to
encroach into any one setback area;

b. Bay windows and greenhouse windows shall not exceed eight feet in width or
ten (10) feet in height within the area of encroachment;

c. Bay windows and greenhouse windows shall be cantilevered and shall be
designed to preclude use as a door or entry;

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City of Newport Beach, CA § 21.30.110 NEWPORT BEACH CODE § 21.30.110

d. The exterior bottom surface of a bay window or greenhouse window shall be
elevated a minimum of eighteen (18) inches above the adjacent finished interior
floor surface at the required building setback line;

e. Encroachments into required setback areas shall be limited as follows:

TABLE 21.30-3
BAY AND GREENHOUSE WINDOW ENCROACHMENTS

Allowed
Standard Encroachment Additional Regulations

Front setback (4 ft. to less than 10 16 in. ft.):

Front setback (10 ft. or more): 2 ft.

Side setback: 2 ft. Limited to first floor only.
The encroachment shall be at least
twenty-four (24) inches from the
side property line.

Rear setback: 2 ft. Not allowed when the rear
property line abuts an alley.

Distance between detached 2 ft.
structures:

7. Fireplaces, Barbecues, and Chimneys—Attached.

a. Front and Rear Setback Area. Fireplaces, barbecues, and chimneys attached to
the principal structure that are less than nine feet in width may encroach up to
two feet into a required front or rear setback area that is ten (10) feet or greater
in depth.

b. Side Setback Area. Fireplaces and chimneys attached to the principal structure
that are less than nine feet in width may encroach up to thirty (30) inches into a
required side setback area; provided, that the encroachment shall be at least
twenty-four (24) inches from the side property line.

8. Fireplaces and Barbecues—Freestanding.

a. Front Setback Area. Freestanding fireplaces (gas only) and barbecues with a
maximum height of forty-two (42) inches (not including the barbecue hood)
shall be allowed to encroach into the required front setback area, provided the
total length of the barbecue and counter does not exceed six feet.

b. Side and Rear Setback Area. Freestanding fireplaces (gas only) and barbecues
with a maximum height of six feet shall be allowed to encroach into the required
side or rear setback area, provided a minimum thirty-six (36) inch clear path of
travel is maintained adjacent to any habitable structures.

9. Garages and Carports for Duplexes. Where three parking spaces are located in
garages or carports across the rear of a lot that is less than thirty (30) feet ten (10)
inches wide, one garage/carport wall or support may encroach into the side setback

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City of Newport Beach, CA § 21.30.110 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.110

area subject to the following:

a. Distance to Property Line. The distance from the garage wall or carport support to the nearest side property line shall be not less than twenty-six (26) inches plus the amount that the width of the lot exceeds thirty (30) feet. The other side setback area shall have a clear passageway a minimum of thirty-six (36) inches wide, clear of any obstructions; and

b. Width of Garage/Carport. The width of each garage/carport shall not be greater
than the minimum required by Section 21.40.070 (Development Standards for
Parking Areas).

10. Basement Walls. Basement walls that are located completely below grade may
encroach into a required setback area up to twelve (12) inches.

11. Light Standards. In nonresidential coastal zoning districts, light standards used in
conjunction with the illumination of parking lots and walkways shall be allowed to
encroach into a required setback area, provided all of the requirements of Section

12. Protective Railing. Protective railings around balconies and windows required by the California Building Code may encroach up to six inches into a required setback area. 13. Second Stories Abutting Alleys. In residential districts having alleys to the rear of the lot or development site, a second story may be allowed to encroach into the required setback area subject to the following conditions and exclusions: a. Encroachments shall not extend closer than seven and one-half feet to the center of any alley; b. Encroachments shall not extend closer than two and one-half feet to the rear property line; c. That portion of the building that encroaches into the required rear setback area shall have a minimum ground clearance of eight feet; d. No encroachment shall be allowed on lots having a depth exceeding eighty-five (85) feet; and e. No encroachment shall be allowed on corner lots located at the intersection of two ten (10) foot wide alleys. 14. Shoring. Permanent or temporary shoring may encroach into a required setback area, provided it is located completely below finished grade and at least twelve (12) inches from any property line. 15. Swimming Pools/Spas. Swimming pools, spas, and other similar devices/equipment that are placed directly upon the existing grade and are less than forty-two (42) inches in height may be located within a required front, side, or rear setback area other than those abutting an alley. 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 21.48.200 (Accessory Dwelling Units).

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City of Newport Beach, CA § 21.30.110 NEWPORT BEACH CODE § 21.30.130

(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2019-1 § 3, 2019)

A. Visibility at Corners of Intersections Required. Corner lots in all coastal zoning districts shall be developed in a manner that ensures visibility across the corners of the intersecting streets, alleys, and private driveways.

B. Traffic Safety Visibility Area Described. The traffic safety visibility area shall be described
as a triangular-shaped area on a corner lot formed by measuring the prescribed distance
from the intersection of the front and street side property lines, an intersecting alley, or an
intersecting driveway and connecting the lines diagonally across the property making a
triangular area. See Figure 3-5.

C. Area of Traffic Safety Visibility Area. The dimensions of a traffic safety visibility triangle
shall be as follows and shall be subject to further review and approval of the City Traffic
Engineer:

1. Standard intersection line of sight requirements shall apply at the intersection of
public or private two street rights-of-way and at the intersections of commercial
driveways and streets;

2. Fifteen (15) feet from the intersection of a public or private street right-of-way and an
alley;

3. Ten (10) feet from the intersection of two alleys. See subsection (E) of this section;
and

4. Five feet from the corner of an intersecting street right-of-way and a driveway.

Figure 3-5
Traffic Safety Visibility Area

D. Height Limit. The following height limit requirements shall apply within a traffic safety
visibility area:

1. Fences, walls, signs, accessory structures, mounds of earth, or other visual
obstructions shall not extend above thirty (30) inches in height as measured from

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City of Newport Beach, CA § 21.30.130 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.130

adjacent finished grade;

2. Hedges, shrubbery, and vegetation shall be maintained to a height of twenty-four (24)
inches or less as measured from adjacent finished grade;

3. Only trees with single trunks are allowed and tree canopies shall be maintained at a
minimum height of seven feet above ground level, as measured from adjacent street
curb elevation.

E. Exemptions to Traffic Safety Visibility Height Limit.

1. Alleys. No above ground improvements (e.g., fences, walls, accessory structures,
mounds of earth, vegetation and similar items) shall be allowed within the traffic
safety visibility area required at the intersection of two alleys.

2. City Traffic Engineer Approval. Improvements, structures, or vegetation that exceed the allowed height limit for visibility in the traffic safety visibility area may be approved by the City Traffic Engineer if it is determined that the location and/or height of the existing or proposed hedge, shrubbery, structure, or other obstruction allows for the unobstructed view of oncoming traffic, bicyclists, and pedestrians by a driver approaching an intersection including those with private driveways. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

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City of Newport Beach, CA

CHAPTER 21.30A
PUBLIC ACCESS AND RECREATION

§ 21.30A.010. Purpose.

This chapter provides procedures and standards for the preservation, dedication, and
improvement of public access to and along the shoreline and coastal bluff tops, in conjunction
with development in the coastal zone. The intent is to ensure that public rights of access to
the shoreline are protected as guaranteed by the California Constitution, and achieve the basic
State goals of maximizing public access to the coast and public recreational opportunities, as
set forth in the Coastal Act (Sections 30000 through 30900); to implement the public access
and recreation policies of Chapter 3 of the Coastal Act (Sections 30210 through 30255) and the
applicable policies of the Coastal Land Use Plan; and where feasible, expanded and enhanced;
to ensure public access to coastal bluff tops. The public access procedures and standards of
this chapter shall be carried out in a reasonable manner that considers the equities and that
balances the rights of the individual property owner with the public’s constitutional right of
access pursuant to Section 4 of Article X of the California Constitution.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.020. Applicability.

A. Applicability. This chapter applies to all coastal development permit applications within
the City’s coastal zone.

B. Development between the Nearest Public Road and the Sea. Every coastal development
permit issued for any development between the nearest public road and the sea or the
shoreline of any body of water located within the coastal zone shall include a specific
finding that the development is in conformity with the public access and public recreation
policies of Chapter 3 of the Coastal Act (see Section 21.52.015(F)).
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.030. Protection and Provision of Public Access Required.

A. General. Maximum access shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs, and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.

B. Existing Public Access.

1. Protection of Existing Public Access. Development shall not interfere with public
right of access to the shoreline or coastal bluff tops where the rights have been
acquired through use or legislative authorization, including, but not limited to, the
public accessways identified in the Coastal Land Use Plan. Public access rights may
include, but are not limited to, the use of dry sand and rocky beaches to the first line
of terrestrial vegetation.

2. Maximization of Existing Public Access. Proposed new development shall be
encouraged to provide new and to improve, expand or enhance existing public access
to and along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and
trails. Improvements or enhancements include, but are not limited to:

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City of Newport Beach, CA § 21.30A.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.030

a. Expanding of hours of public use;

b. Widening existing public accessways to and along the shoreline to conform with
current standards or as needed to accommodate present and foreseeable future
demand;

c. Closing curb cutouts to create new on-street parking spaces;

d. Wayfinding signage, consistent with the standards contained in Appendix B,
that encourages public use of the shoreline and recreational facilities; and

e. Prohibiting gates, guardhouses, barriers, or other structures where they would
inhibit public access to and along the shoreline, beaches, coastal parks, trails, or
coastal bluffs.

C. Provision of New Public Access.

1. Applicability. New development projects shall provide public access from the nearest
public roadway to the shoreline and along the coast, except where:

a. It is inconsistent with public safety, military security needs or the protection of
fragile coastal resources; or

b. Adequate access exists nearby; or

c. Agriculture would be adversely affected.

2. New Development Defined. For purposes of this subsection, “new development” does
not include:

a. Single-Unit and Two-Unit Development. The demolition and reconstruction of a single-unit or two-unit residence provided that the reconstructed residence:

i. Does not exceed the floor area, height, or bulk (i.e., total interior cubic
volume as measured from the exterior surface of the structure) of the
destroyed structure by more than ten (10) percent; and

ii. Is sited in the same location on the affected property as the former
structure.

b. Improvements to Structures. Improvements to a structure that do not:

i. Change the intensity of its use;

ii. Increase either the floor area, height, or bulk of the structure by more than
ten (10) percent;

iii. Block or impede existing access; and

iv. Result in a seaward encroachment by the structure.

c. Repair and Maintenance of a Shoreline Protective Device. The reconstruction or
repair of a bulkhead; provided that the reconstructed or repaired bulkhead is not
seaward of the location of the former bulkhead.

d. Repair and Maintenance. A repair or maintenance activity for which the

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City of Newport Beach, CA § 21.30A.030 NEWPORT BEACH CODE § 21.30A.040

Director has determined, pursuant to Section 21.52.035, that a coastal
development permit will be required unless the reviewing authority determines
that the activity will have an adverse impact on lateral public access along the
beach.

3. Offer to Dedicate. An offer to dedicate an easement (or other legal mechanism
pursuant to Section 21.30A.060) for the permanent right of lateral, vertical, and/or
coastal bluff access shall be required as a condition of approval, and prior to issuance,
of a coastal development permit or other authorization for any new development
causing or contributing to adverse impacts to public access, unless excepted by
subsection (B)(2) of this section or the review authority determines that new public
access is not required pursuant to Section 21.30A.050(J).

4. Required Lateral Access. New public accessways for any new development in the
segments identified in Section 21.30A.050(A)(7)(b) shall be required unless excepted
by subsection (C)(2) of this section or the review authority determines that new public
access is not required in pursuant to Section 21.30A.050(J).

D. Recreation. Park and recreational facilities provided for by dedications and/or in-lieu fees shall be required consistent with Section 66477 of the Subdivision Map Act (known as the Quimby Act) as a condition of approval and prior to issuance of a coastal development permit or other authorization for any development causing or contributing to adverse impacts to public recreation. Where feasible, recreational opportunities in the coastal zone shall be expanded and enhanced.

E. Public Trust Lands. Public access on public trust lands shall be provided pursuant to
Section 21.48.085 (Public Trust Lands) and the Common Law Public Trust.

F. Regulation of Beach Use. See Section 21.48.055.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.040. Determination of Public Access/Recreation Impacts.

A. Relationship and Proportionality. The provision of public access shall bear a reasonable
relationship between the requirement and the project’s impact and shall be proportional to
the impact.

B. Methodology. In determining a development’s impact on public access, the City shall
evaluate, at a minimum, the factors listed below. Any access dedication required as a
condition of approval shall be supported by substantial evidence in the record and findings
shall explain how the adverse effects that have been identified will be alleviated or
mitigated by the dedication.

1. Land Use. The project’s impact on use of private lands suitable for visitor-serving
commercial recreational facilities designed to enhance public opportunities for coastal
recreation and other priority uses specified in California Public Resources Code
Sections 30222 and 30223.

2. Demand for Access and Recreation. The project’s impact upon the use and capacity
of the identified access and recreation opportunities, including the ocean, harbor, bay,
channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal
bluffs; the capacity of coastal access roads; public parking; and recreational support

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City of Newport Beach, CA § 21.30A.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.050

facilities and services.

3. Obstructions. Any aspects of the project that would block or impede public access to
and along the sea or shoreline and to coastal parks, trails, or coastal bluffs, including
placement of structures, private streets, shoreline protective structures, barriers,
guardhouses, gates, fences, or signs.

4. Visual Access. The project’s impact on public access to public views to the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal bluffs, and other scenic coastal areas. 5. Vessel Launching, Berthing, and Storage. The project’s impact on vessel launching, berthing, and storage facilities and other facilities providing public access to the ocean, harbor, bay, channels, estuaries, salt marshes, and sloughs. 6. Shoreline Processes. The project’s impact upon shoreline conditions, including beach profile; the character, extent, accessibility and usability of the beach; erosion or accretion; character and sources of sand; wave and sand movement; and any other anticipated changes to shoreline processes that have the potential to adversely impact public access to and along the shoreline and to the harbor, bay, channels, estuaries, salt marshes, sloughs, and coastal bluffs. 7. Other Impacts. Any other aspects of the project, which are likely to diminish the public’s use of the ocean, harbor, bay, channels, estuaries, salt marshes, sloughs, beaches, coastal parks, trails, or coastal bluffs. (Ord. 2010-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 10), 2025) § 21.30A.050. Development Standards. This section provides standards for the location and configuration of public access to ensure public safety and to protect public rights, rights of private property owners and leaseholders, and natural resource areas from overuse. A. Site Planning and Design Criteria. 1. General. It is the intent of these site planning and design criteria to be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public’s constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Public access improvements when required pursuant to Section 21.30A.030 (Protection and Provision of Public Access Required) shall be designed to: a. Maximize public access to and along the shoreline and coastal bluff tops; b. Provide new vertical accessways in areas of limited public accessibility; c. Incorporate pedestrian, hiking, bicycle, and equestrian trails; d. Provide connections to beaches, parks, recreational facilities, bikeways, and trail systems, including the California Coastal Trail;

e. Integrate into project designs, such as restaurants with outdoor waterfront dining areas and boarding areas for charter and excursion vessels;

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City of Newport Beach, CA § 21.30A.050 NEWPORT BEACH CODE § 21.30A.050

f. Provide access to coastal view corridors, where possible;

g. Alternative modes of transportation;

h. Minimize alterations to natural landforms;

i. Account for long-term projections in sea level rise and coastal bluff erosion rates
(see Appendix A, Sea Level Rise);

j. Protect environmentally sensitive habitat areas consistent with Coastal Act
Section 30240;

k. Protect open coastal waters, wetlands, estuaries, and lakes consistent with
Coastal Act Section 30233; and

l. Protect public and private property rights.

2. Open and Unobstructed. Public access shall be open and unobstructed.

3. Barriers Prohibited. Development designed to restrict access to and along the
shoreline or coastal bluff tops (i.e., barriers, gates, guardhouses, private streets, etc.)
shall be prohibited.

4. Location in Setback Areas. Public access easements may be provided within required
setback areas.

5. Privacy Buffers. A ten (10) foot wide buffer area between a public accessway and a
residential structure shall be provided on the site when necessary to protect the
landowner’s privacy or security as well as the public’s right to use the accessway. The
review authority may reduce the width of the buffer area where separation is achieved
through landscaping, fences, or changes in grade elevation.

6. Sensitive Areas. Public access improvements shall be sited, designed, and maintained
to avoid or minimize impacts to environmentally sensitive habitat areas (ESHAs),
wetlands, coastal dunes, and other sensitive resource areas in compliance with
Chapter 21.30B (Habitat Protection).

7. Lateral Access Design Features.

a. Location.

i. A lateral accessway shall extend along the entire width of a lot.

ii. A lateral accessway shall be located on land, when feasible. A lateral
accessway that consists of decking and/or boardwalks extending over the
water or floating walkways may be allowed only when existing
development makes onshore lateral access infeasible or as part of a
comprehensive program to provide waterfront access.

b. Required Segments. Lateral accessway segments shall be provided in the
following areas:

i. Lido Marina Village. On all bay front nonresidential and mixed-use lots in
Lido Marina Village.

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City of Newport Beach, CA § 21.30A.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.050

ii. Cannery Village and McFadden Square. On all bay front lots in Cannery
Village and McFadden Square from 31st Street to 19th Street.

iii. Mariners’ Mile. On all bay front lots in Mariners’ Mile from the Coast
Highway/Newport Boulevard Bridge to the Balboa Bay Resort.

c. Alignment. A lateral accessway shall align with existing lateral accessways,
unless an alternative alignment is approved pursuant to subsection (J) of this
section.

d. Minimum Width. Lateral accessways shall be the following minimum widths:

i. Lots with Dry Sand or Rocky Coastal Beaches. For lots with dry sand or
rocky coastal beaches, a lateral accessway shall be a strip of land that
extends landward from the mean high water line the greater of the
following distances:

(A) Ten (10) feet; or

(B) If the width of the beach is greater than ten (10) feet, to a fixed point
at the most seaward of the primary extent of development, the toe of
the bluff, or the first line of terrestrial vegetation. For purposes of this
subsection, the primary extent of development shall mean the
intersection of sand with toe of revetment, the vertical face of a
bulkhead, or other appropriate boundary (e.g., drip line of a deck,
etc.).

ii. Lots with Shoreline Protective Devices. For lots with shoreline protective
devices, a lateral accessway shall be a minimum of ten (10) feet in width
as measured landward from the shoreline protective device.

iii. Lots on Coastal Bluff Tops. For lots on coastal bluff tops, a lateral accessway shall be a minimum of ten (10) feet in width as measured upland from the bluff edge.

e. Construction Design. A lateral accessway may include open or enclosed
unobstructed walkways; exterior decking and/or boardwalks; interior
breezeways and/or walkways with a minimum vertical clearance of eight feet
above grade, provided that the breezeways are located as close as possible to the
water and are designed to provide the most direct, convenient connection
between adjacent existing or potential lateral access. Exterior access is preferred
over interior access.

8. Vertical Access Design Features.

a. Location. Where feasible, a minimum of one vertical accessway at every street
stub, or where there are no street stubs, at every five hundred (500) feet.

b. Linkage. Where feasible, vertical accessways shall link with lateral accessways.

c. Minimum Width. A vertical accessway shall be a minimum of six feet in width.

9. Coastal Bluff Access Design Features.

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City of Newport Beach, CA § 21.30A.050 NEWPORT BEACH CODE § 21.30A.050

a. Lateral Access. See subsection (A)(7) of this section.

b. Street and Trail Connections. Public access to coastal bluff areas shall be
provided through design of the local street system and through the location of
public trails and walkways adjacent to the bluffs.

c. View Parks and Vista Points. Areas adjacent to coastal bluffs having significant
view potential shall be designated for use as view parks or vista points consistent
with parkland dedication requirements.

10. Bay Front Amenities. Nonresidential development along the bay front shall provide
amenities to assure access for coastal visitors. Bay front amenities include, but are not
limited to, seating, trash enclosures, water fountains, lighting, viewing areas, lighting,
and other pedestrian-oriented improvements.

B. Usage Limits. Controls on the time, place, and manner of uses (e.g., limiting access to pass
and repass; restricting hours of use; etc.) may be imposed in compliance with Chapter 21.52
(Coastal Development Review Procedures) and Section 21.30A.090(A) (Controls).

C. Signage. Public accessways shall be identified by signs that conform to the Coastal Access Signing Program contained in Appendix B and any specific sign requirements established in a coastal development permit.

D. Removal of Unauthorized Structures. Unauthorized development including, but not limited
to, signs, landscaping, gates, and fences that inhibit public access shall be removed.

E. Parking.

1. Off-Street Parking Spaces Required. Any required off-street parking spaces shall be
provided in compliance with Chapter 21.40 (Off-Street Parking). However,
modifications to these standards may be permitted pursuant to Chapter 21.32 (Density
Bonus) in situations where reduced parking requirements would not significantly
impact public access to the shoreline.

2. Public Parking Restrictions Prohibited. Restrictions on public parking (e.g., the
posting of “no parking” signs, painting curbs red, installation of physical barriers,
etc.) shall be prohibited.

a. Exception. Where there is substantial documented evidence of a public safety
problem, the reviewing body may waive this standard where such restrictions
are needed to protect public safety and where no other feasible alternative exists
to provide public safety.

b. Mitigation. Development that results in restrictions on public parking shall
provide an equivalent quantity of public parking nearby as mitigation for
impacts to coastal access and recreation, where feasible.

3. Protection of Existing Public Parking. Existing public parking that supports public
access shall be protected. Any development that results in a reduction of public
parking supporting public access shall provide an equivalent quantity of public
parking nearby as mitigation.

4. Use of Parking Areas during Low-Demand Periods. Commercial or institutional

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City of Newport Beach, CA § 21.30A.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.050

development causing or contributing to adverse impacts to public access or recreation
may be conditioned to allow public use of private parking areas for public access
outside of normal business hours (i.e., on weekends and holidays), where feasible.
Parking areas may be used for motor vehicle parking, bicycle parking, or in
conjunction with public transit or shuttles that serve coastal recreational areas.

5. Parking for Vertical Accessways. Parking shall be provided by the developer in
conjunction with new or improved vertical accessways, whenever feasible and
consistent with site constraints, environmental constraints, and safety conditions.

F. Interference with Public Use Prohibited. After making an offer to dedicate public access in
compliance with this chapter, the property owner shall not interfere with use by the public
of the areas subject to the offer before and after acceptance by the responsible entity.

G. Encroachments Prohibited. Encroachments or the installation of non-access-related private
improvements into public accessways shall be strictly prohibited.

H. Vacation of Public Accessways. Vacations of public accessways, including, but not limited
to, easements and public street ends identified as providing public access, shall require a
coastal development permit pursuant to Section 21.44.045 (Vacations and Abandonments).

I. Public Prescriptive Rights.

1. Location of Development Where Public Prescriptive Rights Identified. The design
and siting of development shall not interfere with the potential public rights based on
historic public use; unless the review authority determines that replacement public
access of an equivalent type (i.e., vertical or lateral access), existing intensity of use
by the public, and area will be provided on, or immediately adjacent to, the
development site.

2. Condition Not Determinative of Public Prescriptive Rights. An access condition shall
not serve to extinguish, adjudicate or waive potential public prescriptive rights. The
following language shall be added to the access condition in a permit with possible
public prescriptive rights:

Nothing in this condition shall be construed to constitute a waiver of, or a
determination on, an issue of public prescriptive rights that may exist on the lot
itself or on the designated easement.

J. Modification or Waiver of Public Access Design Standards. The public access design standards specified in subsection (A) of this section may be modified or waived if, based on a feasibility analysis, supported by substantial evidence, it is not feasible to comply with the City-preferred public access requirement.

1. Marine Service Equipment Detours. Where marine service equipment and operations
present security or public safety concerns, waterfront access detours are necessary in
order to maintain facilities and services essential to the operation of the harbor.

2. Coastal Bluff Access. The coastal bluff access design standards specified in Section
21.30A.050(B) may be waived or modified in the following situations:

a. When the design of the existing local street system and/or the location of
existing public trails and walkways cause all or a portion of such access to be

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City of Newport Beach, CA § 21.30A.050 NEWPORT BEACH CODE § 21.30A.050

physically infeasible and there are no design alternatives capable of overcoming
these constraints.

b. When the applicant can demonstrate, based on an engineering analysis,
including slope stability analysis and erosion rate estimates, that all or a portion
of such access is physically infeasible and there are no design alternatives
capable of overcoming topographical or site constraints that jeopardize public
safety or fragile coastal resources.

3. Mitigation. Should public access design standards specified in subsection (A) of this
section be modified or waived, the reviewing authority shall require the applicant to
mitigate for the project’s access impacts in an alternative manner that is roughly
proportional to the project’s impact on public access and in substantial conformance
with the requirements of this section.

K. California Coastal Trail (CCT). The City shall coordinate and collaborate with State
agencies in planning and implementing the Newport Beach segment of the California
Coastal Trail.

1. Goals and Objectives. It is intended that the CCT system shall be designed and
implemented to achieve the following goals and objectives:

a. Provide a continuous walking and hiking trail as close to the ocean as possible;

b. Provide maximum access for a variety of nonmotorized uses by utilizing parallel
trail segments where feasible;

c. Maximize connections to existing and proposed local trail systems;

d. Ensure that the trail has connections to trailheads, parking areas, transit stops, inland trail segments, etc., at reasonable intervals;

e. Maximize ocean views and scenic coastal vistas; and

f. Provide an educational experience where feasible through interpretive
programs, kiosks, and other facilities.

2. Site Planning and Design Standards. In addition to the site planning and design
criteria in subsection (A) of this section, implementation of the CCT shall:

a. Be sited and designed to be located along or as close to the shoreline as is
physically and aesthetically feasible. Where it is not feasible to locate the trail
along the shoreline due to natural landforms or legally authorized development
that prevents passage at all times, inland bypass trail segments located as close
to the shoreline as possible should be utilized. Shoreline trail segments that may
not be passable at all times should be augmented by inland alternative routes.
Special attention should be given to identifying any segments that may need to
be incorporated into water-crossing structures and that necessarily must be
placed within Caltrans right-of way.

b. Where gaps are identified, interim segments should be employed to ensure
continuity of the coastal trail. Interim segments should be noted as such, with
provisions that as opportunities arise, the trail shall be realigned as close as

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City of Newport Beach, CA § 21.30A.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.060

possible to its optimum location. Interim trail segments should meet as many of
the CCT objectives and standards as possible.

c. Be designed and located to minimize impacts to environmentally sensitive
habitat areas and prime agriculture lands to the maximum extent feasible. Where
appropriate, trail access should be limited to pass and repass. Where necessary
to prevent disturbance to sensitive species, sections of the trail may be closed on
a seasonal basis. Alternative trail segments shall be provided where feasible. For
situations where impact avoidance is not feasible, appropriate mitigation
measures should be identified, including but not limited to use of boardwalks,
reducing width of trails, protective fencing and drainage measures along edges
of agricultural land, etc.

d. Be located to incorporate existing oceanfront trails and paths and support
facilities of public shoreline parks and beaches to the maximum extent feasible.

e. Be designed to avoid being located on roads with motorized vehicle traffic
where feasible. In locations where it is not possible to avoid siting the trail along
a roadway, the trail should be located off of the pavement and within the public
right-of-way, and separated from traffic by a safe distance or by physical
barriers that do not obstruct, or detract from, the scenic views and visual
character of their surroundings. In locations where the trail must cross a
roadway, safe under- or over-crossings or other alternative at-grade crossings
should be considered in connection with appropriate directional and traffic
warning signage.

f. To maximize access to the CCT, adequate support facilities, such as parking
areas and trailheads, should be provided.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2024-21 § 1 (Exh. A(8)), 2024)

§ 21.30A.060. Access Title and Guarantee.

Where public coastal accessways are proposed by an applicant or required as a condition of
approval of a coastal development permit or other authorization, a guarantee of the access
through deed restriction, or dedication of right-of-way or easement, shall be required. Prior to
the issuance of a coastal development permit or other authorization, the method and form of the
access guarantee shall be approved by City Attorney, and shall be recorded in the office of the
County Recorder, identifying the precise location and area to be set aside for public access. The
method of access guarantee shall be chosen according to the following criteria:

A. Deed Restriction. A deed restriction shall be used only where an owner, association or
corporation agrees to assume responsibility for maintenance of and liability for the public
access area, subject to approval by the Director.

B. Grant of Fee Interest or Easement. A grant of fee interest or easement shall be used when a
public agency or private organization approved by the City Council is willing to assume
ownership, maintenance and liability for the access.

C. Offer of Dedication. An offer of dedication shall be used when no public agency or private organization is known to be willing to accept fee interest or easement for accessway maintenance and liability. These offers shall not be accepted until maintenance responsibility and liability is established.

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City of Newport Beach, CA § 21.30A.060 NEWPORT BEACH CODE § 21.30A.090

D. Maintenance. A dedicated public accessway shall not be required to be opened to public
use until a public agency or private association approved by the City Council agrees to
accept responsibility for maintenance and liability of the access, except in cases where
immediate public access is implemented through a deed restriction.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.070. (Reserved)
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.080. Timing of Access Requirements.

The type and extent of access to be dedicated, and/or constructed and maintained, as well
as the method by which its continuing availability for public use is to be guaranteed, shall
be established at the time of coastal development permit approval or other authorization, as
provided by this section.

A. Guarantee Precedes Permit Issuance. The guarantee of public access in the form required
in compliance with Chapter 21.52 (Coastal Development Review Procedures) shall occur
before issuance of construction permits or the start of construction activity not requiring a
permit.

B. Construction of Improvements. Construction of improvements shall occur at the same time
as construction of the approved development, unless another time is established through
conditions of coastal development permit approval or other authorization.

C. Interference with Public Use Prohibited. Following an offer to dedicate public access
pursuant to this section, the property owner shall not interfere with use by the public of the
areas subject to the offer before and after acceptance by the responsible entity.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30A.090. Management and Maintenance.

A. Controls. Based on substantial evidence and documentation, submitted in conjunction with
a coastal development permit application, the City may impose controls on the time, place,
and manner of public access when justified by site characteristics, including topographic
and geologic conditions, the intensity of use and the capacity of the site to sustain the use,
the fragility of natural resource areas, the need to protect the privacy or security of
residential development, public safety services access, and the provision of support
facilities. Such controls shall only be imposed with a clause requiring periodic reevaluation
for its continued need.

B. Management and Maintenance Plan. A management and maintenance plan that maximizes
public access may be required in conjunction with a dedication of public access in any case
where there is substantial evidence of potential conflicts between public access use and
other uses on or immediately adjacent to the site. The plan shall be a condition of approval
of the coastal development permit and shall at minimum address:

1. Regular inspections;

2. Vegetation maintenance to ensure accessway remains safe and unobstructed;

3. Regular trash/litter pickup; and

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City of Newport Beach, CA § 21.30A.090 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30A.090

4. Signage.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

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City of Newport Beach, CA

CHAPTER 21.30B
HABITAT PROTECTION

§ 21.30B.010. Purpose.

This chapter is intended to:

A. Protect environmentally sensitive habitat areas against any significant disruption of habitat
values.

B. Maintain and, where feasible, restore the biological productivity and the overall quality of
coastal waters, streams, wetlands, estuaries, and lakes.

C. Protect wetlands for their commercial, recreational, water quality, and habitat value.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30B.020. Initial Site Resource Survey.

A. Applicability. An initial site resource survey, recently prepared (within one year),
identifying the presence or potential for wetlands or sensitive habitat, vegetation or wildlife
species on the site shall be required for coastal development permit applications on a
development site that:

1. Is located within or within one hundred (100) feet of an Environmental Study Area
(ESA) indicated in Map 4-1 (Environmental Study Areas) in the Coastal Land Use
Plan; or

2. Contains southern coastal foredune or southern dune scrub habitats; or

3. Contains or is located within one hundred (100) feet of a delineated wetland,
designated Envi-ronmentally Sensitive Habitat Area (ESHA), ESHA buffer, or
wetland buffer; or

4. Contains or is located within one hundred (100) feet of a habitat area where there is
substantial evidence of the presence of a wetland or ESHA.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30B.030. Environmentally Sensitive Habitat Areas.

A. ESHA Designation. Any area in which plant or animal life or their habitats are either rare
or especially valuable because of their special nature or role in an ecosystem and which
could be easily disturbed or degraded by human activities and developments shall be
designated as an environmentally sensitive habitat area (ESHA).

1. Exceptions. ESHAs do not include the following areas:

a. Existing developed areas; and

b. Existing fuel modification areas required by the City of Newport Beach Fire
Department or the Orange County Fire Authority for existing, legal structures.

B. Protection Required. ESHAs shall be protected against any significant disruption of habitat
values, and only uses dependent on those resources shall be allowed (see subsection (F) of
this section (Limits on Land Uses)). Development in areas adjacent to ESHAs shall be sited

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City of Newport Beach, CA § 21.30B.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30B.030

and designed to prevent impacts which would significantly degrade such areas, and shall
be compatible with the continuance of the ESHA.

C. ESHA Report. If the initial site resources survey indicates the presence or potential for
sensitive habitat vegetation or wildlife species on the site, a report shall be required with
recommendations as to whether a habitat area constitutes an ESHA.

1. Evaluation. Using a recently prepared (within one year) site-specific survey and
analysis, the ESHA report shall evaluate the following attributes when recommending
whether a habitat area constitutes an ESHA:

a. The presence of natural communities that have been identified as rare by the
California Department of Fish and Wildlife.

b. The recorded or potential presence of plant or animal species designated as rare,
threatened, or endangered under State or Federal law.

c. The presence or potential presence of plant or animal species that are not listed
under State or Federal law, but for which there is other compelling evidence of
rarity, such as designation as a 1B or 2 species by the California Native Plant
Society.

d. The presence of coastal streams.

e. The degree of habitat integrity and connectivity to other natural areas. Attributes to be evaluated when determining a habitat’s integrity/connectivity include the habitat’s patch size and connectivity, dominance by invasive/nonnative species, the level of disturbance, the proximity to development, and the level of fragmentation and isolation.

2. Recommendation. If an area is recommended as an ESHA, the boundaries of the
ESHA and the appropriate buffers shall be made to the review authority.

D. ESHA Buffers. A protective open space buffer shall be required to horizontally separate
ESHA from development areas and provide distance and physical barriers to human and
domestic pet intrusion.

1. Size. ESHA buffers shall be of a sufficient size to ensure the biological integrity and
preservation of the habitat they are designed to protect. Terrestrial ESHA shall have a
minimum buffer width of fifty (50) feet wherever possible.

a. Exceptions: Smaller ESHA buffers may be allowed only where it can be
demonstrated that:

i. A fifty (50) foot wide buffer is not possible due to site-specific constraints;
and

ii. The proposed narrower buffer would be amply protective of the biological
integrity of the ESHA given the site-specific characteristics of the resource
and of the type and intensity of disturbance.

2. Vegetation.

a. ESHA buffers shall be maintained exclusively with native vegetation to serve as

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City of Newport Beach, CA § 21.30B.030 NEWPORT BEACH CODE § 21.30B.030

transitional habitat.

b. Fuel modification zones shall be maintained outside of ESHA buffers.

c. Invasive plant species shall be prohibited.

E. Design and Siting. Development outside, but within one hundred (100) feet of, an ESHA
shall incorporate the following design and site characteristics:

1. Development adjacent to an ESHA shall be designed and sited to protect ESHA
resources against any significant disruption of habitat values.

2. Development adjacent to an ESHA shall be compatible with the continuance of
ESHA habitat areas.

3. Development adjacent to an ESHA shall be limited to low-impact land uses, such as
open space and passive recreation whenever feasible.

4. Development shall not necessitate fuel modification in an ESHA or ESHA buffer.

5. Development lighting adjacent to an ESHA shall minimize impacts to wildlife.

a. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to direct lighting away from environmentally sensitive habitat areas (ESHA) and ESHA buffers and to minimize glare, sky glow, and light trespass.

b. Buildings shall be designed to minimize light trespass from interior lighting.

c. All lighting shall utilize the best available “dark sky” practices, including the
use of lights with the lowest intensity possible for safety purposes and that
utilize wavelengths that are the most environmentally protective of organisms
active at night and dawn and dusk.

6. Unauthorized structures that impact, or encroach into, ESHA or ESHA buffer shall be
removed.

F. Limits on Land Uses. ESHA shall be protected against any significant disruption of habitat
values. Uses within ESHA shall be limited to only those uses that are dependent on those
resources. Limited public access improvements (e.g., hiking and educational trails and low-
impact camping), minor educational, interpretative and research activities and
development, and habitat restoration projects may be considered resource-dependent uses.
Measures, including, but not limited to, trail creation, signage, placement of boardwalks,
and fencing, shall be implemented as necessary to protect ESHA.

G. Required Findings. No development shall be allowed in an ESHA or ESHA buffer area
unless the following findings are made:

1. The resource as identified will not be significantly degraded or disrupted by the
proposed development and the development will be compatible with the continuance
of the resource.

2. There is no feasible less environmentally damaging alternative.

3. All feasible mitigation measures capable of reducing or eliminating project-related
impacts have been adopted.

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City of Newport Beach, CA § 21.30B.030 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30B.040

(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30B.040. Wetlands, Deepwater Areas, and Other Water Areas.

A. Protection Required.

1. The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes shall be protected, maintained and, where feasible, restored.

2. All uses of the marine environment shall be carried out in a manner that will sustain
the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial,
recreational, scientific, and educational purposes.

3. Marine resources shall be maintained, enhanced, and, where feasible, restored.

   4. Special protection shall be provided to marine resource areas and species of special
   biological or economic significance.

   B. Wetland Delineation. When the initial site resources survey indicates the presence or
   potential for wetland species or indicators, coastal development permit applications shall
   include a recently prepared (within one year) site survey and wetlands delineation analysis.

   1. Methodology. Wetland delineations shall be conducted in accordance with the
   definitions of wetland boundaries contained in 14 CCR Section 13577(b).

   2. Other Factors. Although vegetation is often the most readily observed parameter, sole
   reliance on vegetation or either of the other parameters as the determinant of wetlands
   can sometimes be misleading. Many plant species can grow successfully in both
   wetlands and nonwetlands, and hydrophytic vegetation and hydric soils may persist
   for decades following alteration of hydrology that will render an area a nonwetland.
   Where ambiguities in wetland delineation exist due to the demonstrated presence of
   both upland and wetland characteristics, factors other than the standard field
   indicators of wetland hydrology, wetland vegetation and wetland soils may be
   analyzed as part of the delineation. Such factors may include topography, soil
   permeability, drainage patterns, adjacency to identified wetlands, and comparisons of
   hydrology at the ambiguous site and at nearby upland and wetland reference sites
   following significant rainfall events. The simple lack of field indicators of hydrology
   during a routine delineation is not strong evidence of upland characteristics (Coastal
   Commission findings for approval of the Coastal Land Use Plan, October 13, 2005).

   3. Recommendation. The recommended wetland delineation and the appropriate buffers
   shall be made to the review authority.

   C. Wetland Buffers. A protective open space buffer shall be required to horizontally separate
   wetlands from development areas. Wetland buffers shall be of a sufficient size to ensure
   the biological integrity and preservation of the wetland. Wetlands shall have a minimum
   buffer width of one hundred (100) feet wherever possible.

   1. Exception: Smaller wetland buffers may be allowed only where it can be
   demonstrated that:

   a. A one hundred (100) foot wide buffer is not possible due to site-specific

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City of Newport Beach, CA § 21.30B.040 NEWPORT BEACH CODE § 21.30B.040

constraints; and

b. The proposed narrower buffer would be amply protective of the biological
integrity of the wetland given the site-specific characteristics of the resource and
of the type and intensity of disturbance.

D. Channelizations. Channelizations, dams, or other substantial alterations of rivers and
streams shall incorporate the best mitigation measures feasible, and be limited to:

1. Necessary water supply projects.

2. Flood control projects where no other method for protecting existing structures in the
floodplain is feasible and where such protection is necessary for public safety or to
protect existing development.

3. Developments where the primary function is the improvement of fish and wildlife
habitat.

E. Removal of Unauthorized Structures. All unauthorized structures that impact, or encroach
into, wetlands, deepwater areas, or other water areas shall be removed.

F. Diking, Filling, and Dredging Projects.

1. Limits on Development. Development involving the diking, filling, or dredging of
open coastal waters, wetlands, or estuaries shall only be permitted consistent with
Section 30233 of the Coastal Act and under the following circumstances:

a. Only if there is no feasible, less environmentally damaging alternative.

b. If there is no feasible, less environmentally damaging alternative, mitigation
measures shall be provided to minimize adverse environmental effects.

c. Diking, filling or dredging projects shall sustain the functional capacity of the
wetland, or estuary. In order to establish that the functional capacity is being
maintained, the applicant must demonstrate all of the following:

i. That the project does not alter presently occurring plant and animal
populations in the ecosystem in a manner that would impair the long-term
stability of the ecosystem; i.e., natural species diversity, abundance, and
composition are essentially unchanged as a result of the project.

ii. That the project does not harm or destroy a species or habitat that is rare or
endangered.

iii. That the project does not harm a species or habitat that is essential to the
natural biological functioning of the wetland or estuary.

iv. That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or nonconsumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.

2. Limits on Uses. Development involving diking, filling, or dredging of open coastal
waters, wetlands, and estuaries shall be limited to the following:

a. Construction or expansion of port/marine facilities.

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City of Newport Beach, CA § 21.30B.040 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30B.050

b. Construction or expansion of coastal-dependent industrial facilities, including
commercial fishing facilities, and commercial ferry facilities.

c. In open coastal waters, other than wetlands, including estuaries and streams,
new or expanded boating facilities, including slips, access ramps, piers, marinas,
recreational boating, launching ramps, and pleasure ferries, and the placement
of structural pilings for public recreational piers that provide public access and
recreational opportunities.

d. Recreational docks and piers within the intertidal areas, including wetlands, in
Newport Harbor.

e. Maintenance of existing and restoration of previously dredged depths in
navigational channels, turning basins, vessel berthing, anchorage, and mooring
areas, and boat launching ramps. The most recently updated U.S. Army Corps
of Engineers maps shall be used to establish existing Newport Bay depths.

f. Incidental public service purposes which temporarily impact the resources of the
area, such as burying cables and pipes, inspection of piers, and maintenance of
existing intake and outfall lines.

g. Sand extraction for restoring beaches, except in environmentally sensitive areas.

h. Restoration purposes.

i. Nature study, aquaculture, or similar resource-dependent activities.

j. In the Upper Newport Bay Marine Park, permit dredging, diking, or filling only
for the purposes of wetland restoration, nature study, or to enhance the habitat
values of environmentally sensitive areas.

4. Dredged Material Disposal.

a. Dredged material disposal shall be planned and carried out to limit turbidity and
to avoid significant disruption to marine and wildlife habitats and water
circulation.

b. Dredged material suitable for beneficial reuse shall be transported for such purposes to appropriate areas and placed in a manner that minimizes adverse effects on the environment.

c. Dredged material suitable for beach replenishment should be transported for
such purposes to appropriate beaches or into suitable longshore current systems.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 11), 2025)

§ 21.30B.050. Coastal Dunes.

A. Purpose. This section provides requirements for development in areas with or adjacent to
coastal dunes. The intent of this section is to protect coastal dunes as natural habitats and
for shoreline protection.

B. Applicability. The requirements of this section shall apply to coastal development permit
applications in areas with southern coastal foredune and southern dune scrub habitats.

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City of Newport Beach, CA § 21.30B.050 NEWPORT BEACH CODE § 21.30B.060

C. Earthmoving. Earthmoving of beach sand in dune habitat areas shall be limited to dune
restoration projects necessary for the protection of coastal resources and existing
development.

D. Public Access and Recreation. Public beach access improvements shall be designed, sited,
and maintained in a manner to avoid impacts to dune habitats through the use of well-
defined footpaths, boardwalks, protective fencing, signage, and similar methods.
Recreation improvements shall be designed and sited to avoid dune habitat areas.

E. Restoration of Native Vegetation. Plant materials in southern coastal foredune and southern
dune scrub habitat areas shall be restricted to native plant species appropriate to the habitat
type. The City shall develop a program for the removal of exotic vegetation and restoration
of native vegetation on public beaches.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30B.060. Mitigation and Monitoring.

A. When Required. Mitigation and monitoring programs, including restoration plans and
management programs, shall be submitted with the coastal development permit application.

1. ESHA. Mitigation shall be required for allowable impacts to ESHA and other
sensitive resources that cannot be avoided through the implementation of siting and
design alternatives. Mitigation shall not substitute for implementation of the project
alternative that would avoid impacts to ESHA.

2. Wetlands. Feasible mitigation measures shall be required to minimize adverse environmental effects of diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes where the proposed use is consistent with Section 30233 of the Coastal Act and there is no feasible less environmentally damaging alternative.

   B. Mitigation Programs. Mitigation programs shall include the following components:

   1. Specific mitigation objectives and performance standards designed to measure the
   success of the restoration and/or enhancement.

   2. Provisions for acquiring title or other property interest to the mitigation site.

   3. Provisions for the dedication of the restored or created habitat or wetland and
   associated buffer areas to a public agency or nonprofit entity acceptable to the
   reviewing authority, or permanent restriction of their use to open space purposes.

   4. A monitoring and management program with mitigation objectives and performance
   standards.

   C. Habitat Creation/Restoration.

   1. ESHA. Mitigation for impacts to ESHA and other sensitive resources shall be in the
   form of habitat creation or substantial restoration. The mitigation shall occur on site
   wherever possible. Off-site mitigation measures shall only be approved when it is not
   feasible to fully mitigate impacts on site.

   2. Wetlands. Mitigation shall occur in the same watershed and in the form of in-kind
   wetland restoration or creation whenever possible. Where out-of-kind mitigation is

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City of Newport Beach, CA § 21.30B.060 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30B.060

necessary, restoration or creation of wetlands shall be of equal or greater biological
productivity to the wetland that was filled or dredged. Mitigation may also be
permitted in the form of restoration that includes opening equivalent areas to tidal
action or providing other sources of surface water.

D. Mitigation Ratios. Table 21.30B-1 provides required mitigation ratios of acreage restored/
created to acreage impacted.

Table 21.30B-1 Required Mitigation Ratios HABITAT RATIO Scrub Diegan coastal sage scrub 2:1 A ratio of 3:1 shall be required for coastal sage scrub that is occupied by California gnatcatchers or significant populations of other rare species. Maritime succulent scrub 3:1 Chaparral Southern mixed chaparral 1:1 Southern maritime chaparral 3:1 Native grassland Southern coastal needlegrass grassland 3:1 Southern coastal dunes 3:1 Wetland Seasonal wetlands (other than vernal pools) 3:1 Coastal freshwater marsh 3:1 Riparian habitats 3:1 Southern hardpan vernal pools 4:1 Coastal brackish marsh 4:1 Southern coastal salt marsh 4:1 Eelgrass 1.2:1 Other form of rare community types 3:1

Per Table 21.30B-1, adverse impacts shall be mitigated at a ratio of 3:1 for impacts to
seasonal wetlands, freshwater marsh and riparian areas, and at a ratio of 4:1 for impacts
to vernal pools and salt marsh unless the applicant provides evidence establishing, and the
approving authority finds, that restoration or creation of a lesser area of wetlands will fully
mitigate the adverse impacts of the project. However, in no event shall the mitigation ratio
be less than 2:1 unless, prior to the development impacts, the mitigation is completed and
is empirically demonstrated to meet performance criteria that establish that the created or
restored wetlands are functionally equivalent or superior to the impacted wetlands.

E. Timing. Any off-site mitigation site shall be purchased and legally restricted and/or
dedicated before impacts to the development site can proceed. Restoration plans shall be

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City of Newport Beach, CA § 21.30B.060 NEWPORT BEACH CODE § 21.30B.060

reviewed and approved by a qualified professional pursuant to Section 21.50.070 (Environmental Review) prior to accepting sites for mitigation. Restoration and management plans shall be submitted with the coastal development permit application. At a minimum, a coastal development permit will be conditioned to assure that the restoration/ mitigation will occur simultaneously with construction of the approved development.

F. In-Lieu Fee for Wetland Impacts. An in-lieu fee may be paid to an appropriate public
agency to mitigate wetland impacts, if no appropriate mitigation site can be acquired.
Payment of an in-lieu fee would only be an option if an applicant is unable to find a
potential restoration site. The fee shall be based on the following factors:

1. The habitat type.

2. The costs of acquisition, including litigation.

3. The cost per acre to restore or create a comparable wetland within the region where
the impact occurred.

4. The acreage of the habitat affected, based on the final approved project.

G. Upper Newport Bay Marine Park. The following mitigation measures are required for
dredging projects in the Upper Newport Bay Marine Park:

1. Dredging and spoils disposal must be planned and carried out to limit turbidity and to
avoid significant disruption to marine and wildlife habitats and water circulation.

2. Maintenance dredging shall be encouraged where the dredging provides habitat
protection or enhances commercial or recreational use of the bay. When dredged
material is of an appropriate grain size and grain percentage, this material may be
used to restore or replace natural sandy sloping beaches in order to retain the current
profiles of Newport Bay. Maintenance dredging activity shall have the approval of
the U.S. Army Corps of Engineers and shall meet applicable U.S. Environmental
Protection Agency standards.

3. Dredged material not suitable for beach nourishment or other permitted beneficial
reuse shall be disposed of offshore at a designated U.S. Environmental Protection
Agency disposal site or at an appropriate upland location.

4. Temporary dewatering of dredged spoils may be authorized within the bay’s drainage
if adequate erosion controls are provided and the spoils are removed. A bond or a
contractual arrangement shall be a precondition to dredging of the material, and final
disposal of the dewatered material on the approved dump site shall be accomplished
within the time period specified in the permit.

5. Dredged spoils shall not be used to fill riparian areas, wetlands, or natural canyons or
any native vegetation community.

6. Other mitigation measures may include opening areas to tidal action, removing dikes, improving tidal flushing, restoring salt marsh or eelgrass vegetation, or other restoration measures. 7. Dredge spoils suitable for beach nourishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems provided that the

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City of Newport Beach, CA § 21.30B.060 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30B.060

placement is permitted by a Section 404 permit and by any other agencies with
jurisdiction over the project.

H. Monitoring. Monitoring of mitigation measures shall be for a period of sufficient time to
determine if mitigation objectives and performance standards are being met. Midcourse
corrections shall be implemented if necessary to meet the objectives or performance
standards.

1. Period. Monitoring shall be conducted a period of not less than five years following
completion, unless the Director determines that a longer mitigation monitoring
schedule is appropriate. If performance standards are not met by the specified
monitoring period, the monitoring period shall be extended until the standards are met
or the applicant shall submit an amendment application proposing alternative
mitigation measures and implement the approved changes.

2. Reports. Monitoring reports that document the success or failure of the mitigation
shall be provided to the Department annually and at the conclusion of the monitoring
period.

3. Completion. The restoration shall be considered successful after the success criteria
have been met for a period of at least three years with no remediation or maintenance
activities other than weeding.

I. Review and Approval. Mitigation programs, restoration plans, and monitoring programs
shall be reviewed and approved by a qualified professional pursuant to Section 21.50.070
(Environmental Review).

J. Easements and Dedications. Where on-site or off-site preservation of an ESHA, wetland, stream, or mitigation area and buffers to each are required as a condition of approval of a coastal development permit or other authorization, a guarantee of protection through direct dedication, offer to dedicate, or conservation easement shall be required. The protection guarantee shall identify the precise location and area to be set aside for preservation along with evidence of the legal ability over that area to restrict that area and/or convey a property interest in that area.

1. Timing. Prior to the approval of a coastal development permit, the method and form
of the protection guarantee shall be approved by City Attorney. The protection
guarantee shall be recorded in the office of the County Recorder prior to the issuance
of any development permits.

2. Management and Funding. A management plan and funding plan shall be required to
ensure appropriate management of the habitat area in perpetuity.

3. Method of Protection Guarantee. A method of access guarantee shall be chosen
according to the following criteria:

a. Deed Restriction. A deed restriction shall be used only where an owner,
association or corporation agrees to assume responsibility for maintenance of
and liability for the habitat area, subject to approval by the reviewing authority.

b. Grant of Fee Interest or Easement. A grant of fee interest or easement shall be
used when a public agency or private organization approved by the reviewing
authority is willing to assume ownership, maintenance and liability for the

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habitat.

c. Offer of Dedication. An offer of dedication shall be used when no public
agency, private organization or individual is willing to accept fee interest or
easement for habitat maintenance and liability. These offers shall not be
accepted until maintenance responsibility and liability is established.

4. Inventory. The City shall maintain an inventory of open space deed restrictions,
dedications of lands or easements and offers to dedicate to ensure such areas are
known to the public and are protected through the coastal development permit
process.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

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City of Newport Beach, CA

CHAPTER 21.30C HARBOR AND BAY REGULATIONS

§ 21.30C.010. Purpose.

This chapter provides regulations and procedures for development and uses within the harbor
and other tidelands and submerged lands.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.020. Applicability.

This chapter applies to development on and within Newport Harbor waters and all tidelands
and submerged lands. Where these tidelands and submerged lands remain within the Coastal
Commission’s area of retained coastal development permit jurisdiction (per Section 30519(b) of
the Coastal Act), the policies of Chapter 3 of the Coastal Act remain the standard of review and
these regulations will serve as guidance.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.030. General Provisions.

A. Establishment of Channels and Harbor Lines. All channels, turning basins, anchorage
areas, and project, pierhead, and bulkhead lines in Newport Harbor shall be as established
by the Federal Government or by the City Council upon recommendation of the Harbor
Commission. A map thereof shall be kept on file in the offices of the City Clerk and the
Harbor Resources Division for public inspection.

B. Review of Applications. Harbor development permit applications shall be reviewed by the
Harbor Resources Division and Building Division to ensure conformity with the policies of
the Coastal Land Use Plan. Coastal development permit applications shall be reviewed by
the Coastal Commission to ensure conformity with the policies of Chapter 3 of the Coastal
Act.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.040. Vessel Berthing and Storage.

A. Anchorage and Mooring Location. No person having charge of any vessel shall berth or
anchor the same in Newport Harbor except within the designated areas. In the designation
of mooring areas and anchorage areas, consideration shall be given to the needs of
commerce, the utilization of turning basins, the use of channels for navigation, and the
economy of space.

B. Vessel Condition. Vessels assigned must be maintained in an operable and seaworthy
condition.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.050. Harbor Development Regulations.

A. Protection of Coastal Access and Resources. All harbor structures, including remodels of,
additions to, or replacement of existing structures, and new structures, shall be designed
and sited so as not to obstruct public access and to minimize impacts to coastal views and
coastal resources.

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City of Newport Beach, CA § 21.30C.050 NEWPORT BEACH CODE § 21.30C.050

B. Protection of Vessel Launching Facilities. Existing vessel-launching facilities shall be protected, unless replaced with facilities with equal or greater vessel-launching capabilities.

C. Appearance. All structures permitted to encroach into open coastal waters, wetlands, and
estuaries shall be designed and sited to harmonize with the natural appearance of the
surrounding area.

D. Eelgrass and Marine Habitat Protection. Pier, pier platform, gangway and dock design shall
be designed and sited and make use of materials that will minimize and, where feasible,
avoid impacts to eelgrass and marine habitat. Where possible, design structures to avoid
any net increase in overall water coverage, and wherever possible reduce the overall water
coverage.

E. Docking Facilities. Docking facilities shall be designed and sited in relationship to the
water’s depth and accessibility.

F. Pollution Control. The permittee shall maintain the area delineated on the harbor
development permit free and clear from beached or floating rubbish, debris or litter at all
times. Adequate safeguards shall be maintained by the permittee to avert any other type of
pollution of Newport Harbor from recreational and/or commercial use of the tidelands.

G. Piers.

1. Limits on Use. Only piers, floats and patio decks and their appurtenances pursuant to
subsection (G)(5) of this section shall be permitted bayward of the bulkhead.

2. Street Ends. No private piers shall be permitted at street ends.

3. Setbacks.

a. All piers and slips for residential properties shall be set back a minimum of five
feet from the prolongation of the property line.

b. With the prior approval of the City, piers and slips for commercial properties
may extend past the prolongation of the property line.

c. The prolongation of the property line bayward of the same bearing from the
bulkhead shall generally be used in determining the allowable setbacks for piers
and slips. Because there are certain physical conditions which preclude the strict
application of this policy without prejudice to adjoining properties, special
consideration will be given to areas where precise prolongation of the property
line has not been determined and the following conditions exist:

i. Where property lines are not approximately perpendicular to the bulkhead
line;

ii. Where curves or angles exist in the bulkhead line;

iii. Where bridges, topography, street ends or publicly owned facilities adjoin
the property.

d. Setbacks apply to joint ownership piers with the exception that the slips, floats and piers may extend over the common property line.

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City of Newport Beach, CA § 21.30C.050 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30C.050

4. Joint Ownership. Permits may be granted for joint ownership piers at the prolongation
of common lot lines. The permit for joint ownership piers shall provide that all parties
shall have equal rights under the permit and shall be held jointly responsible for
compliance with all rules, regulations, and conditions set forth in the permit.

5. Patio Decks. Patios are not permitted to extend over the waters of Newport Harbor
unless the waters are adjacent to the upland property and outside the areas described
in the tidelands trust, and provided the patio complies with the following conditions:

a. The maximum projection of patio decks encroachments beyond the bulkhead
line shall be limited to five feet.

b. The minimum setbacks from the prolongations of the side property lines shall
be five feet.

c. No float shall be permitted within one foot of the decks.

d. No permanent structure shall be permitted on the projecting portion of the patios
except:

i. Planters and benches not over sixteen (16) inches in height;

ii. Railings not over forty-two (42) inches in height with approximately
ninety-five (95) percent open area.

e. A harbor and building permit has been obtained.

6. Storage Lockers. Storage lockers and boat boxes may be installed on shore-connected
piers and floats subject to the following limitations:

a. The overall height shall not exceed thirty (30) inches when located bayward of
residential property zones.

b. The overall height shall not exceed thirty (30) inches when located bayward of
commercial and industrial property zones where the piers and floats are used
primarily for the mooring of pleasure boats.

c. The overall height shall not exceed sixty (60) inches when located on facilities
bayward of commercial and industrial zoned property where the use is not
primarily for the mooring of pleasure boats.

d. The overall height shall be measured from the deck of the pier or float to the top of the storage locker and overall height to include the enclosed portion of the locker or box.

H. Other Structures.

1. Race Committee Platforms. Race committee platforms and instruction platforms may
be constructed bayward of the bulkhead line at recognized yacht clubs and recognized
sailing schools. All work shall require issuance of a Harbor Development Permit.

2. Floating Dry Docks. Permits for nonresidential floating dry docks may be approved
by the Harbor Resources Division, subject to the following conditions:

a. The location is in waters bayward of commercial, manufacturing or unclassified

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City of Newport Beach, CA § 21.30C.050 NEWPORT BEACH CODE § 21.30C.060

zones;

b. The prior approval of a harbor use permit by the Harbor Commission;

c. Permits for floating dry docks are issued for one location only. A new permit
must be obtained to move a floating dry dock from one location to another
location within the harbor.

I. Bulkheads.

1. All bulkheads shall be installed within established bulkhead lines or at a location
behind the bulkhead line that would preserve the design profile of the harbor. Any
retaining or ornamental wall installed landward of the bulkhead line shall be
considered a bulkhead if it also serves to contain the waters of the harbor and shall be
processed in the same manner as if it were on the bulkhead line. The establishment of
bulkhead lines does not necessarily allow the property owner to build to the limits of
the bulkhead line, due to the potential environmental considerations established by
the State of California and/or the Federal Government.

The Harbor Resources Division may approve bulkheads located between U.S.
Bulkhead Station Nos. 112 and 109, not to exceed the bayward side of the “Vacated
East Bay Avenue.” U.S. Bulkhead Station No. 104 for the addresses at 2209, 2223,
2227, 2231 and 2233 Bayside Drive: staff recommendation for a bulkhead at these
properties shall not exceed a point bayward of the average high tide line established
at a point forty (40) feet landward of the face of the bulkhead at the property at 2137
Bayside Drive, and then on a straight line from that point to the bayward-most point
of the bulkhead at the property at 2301 Bayside Drive.

2. Bulkheads shall be designed and sited to protect the character of the existing shoreline
profiles and avoid encroachment onto public tidelands.

3. Maintenance or replacement of existing bulkheads is permitted when expansion or
encroachment into coastal waters is limited to the minimum extent necessary to
repair, maintain, or replace an existing bulkhead and the backfill is not used to create
new usable residential land areas.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.060. Harbor Development Permits.

A. Application. Harbor development permit applications, plans and specifications shall be
reviewed by the Harbor Resources Division and Building Division to determine whether
the proposed work meets all the requirements of the Local Coastal Program and any
standards and policies adopted by the City Council for such construction or work.

B. Approval in Concept. An approval in concept of the proposed development pursuant to
Section 21.52.015 (Coastal Development Permits) shall be issued by the City prior to
application to the Coastal Commission for a coastal development permit for any
development located in the Coastal Commission’s area of retained jurisdiction.

C. Approval by Other Agencies.

1. Coastal Commission. Proof of prior approval, when applicable, from the California
Coastal Commission shall be required before any development may commence.

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City of Newport Beach, CA § 21.30C.060 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30C.070

2. U.S. Army Corps of Engineers. Proof of prior approval of the U.S. Corps of Engineers
will be required.

3. County of Orange. Proof of prior approval and/or lease agreement from the County
of Orange will be required when work extends over County tidelands.

D. Rendering of Decision.

1. Approval. The Department is authorized to approve and issue new harbor
development permits and revisions to existing harbor development permits that
conform to the design criteria and all applicable standards and policies in conjunction
with plan reviews by the Harbor Resources Division.

2. The application shall be denied if:

a. The application does not conform to the provisions of this Implementation Plan;
or

b. The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners.

c. The proposed application does not conform to the policies and regulations of the
Local Coastal Program.

E. Harbor Development Permit Conditions.

1. In granting any such application, the Harbor Resources Manager shall issue the harbor
development permit to the owner or long-term lessee of the abutting upland property
and may impose conditions in the permit which are deemed necessary to protect
commerce, navigation or fishing, or the use, operation or development of Newport
Harbor.

2. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys shall be required as
a condition of City approval of projects in the Newport Bay. The Southern California
Caulerpa Action Team (SCCAT) shall be immediately notified if Caulerpa taxifolia
is found.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

§ 21.30C.070. Dredging Permits.

A. Permit Required.

1. Dredging bayward of residential and commercial property shall be the responsibility
of the harbor permittee for the area delineated by the bayward prolongations of upland
side property lines and the U.S. project line. All such dredging will require a dredging
permit from the Harbor Resources Division and other approvals from agencies with
jurisdictional authority and may be subject to engineering approval by the Public
Works Department.

2. Dredging outside the established harbor lines will require prior approval by the
Harbor Resources Division and the U.S. Army Corps of Engineers.

B. Required Materials. Applications shall be accompanied by all plans, maps, and other

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City of Newport Beach, CA § 21.30C.070 NEWPORT BEACH CODE § 21.30C.070

materials required by the prescribed forms, unless specifically waived by the Harbor
Resources Manager. Applications shall include the following:

1. Authorization to proceed from the Coastal Commission and the U.S. Army Corps of
Engineers;

2. Eelgrass (Zostera marina) and Caulerpa taxifolia protocol surveys;

3. Grain size analysis;

4. Identification of the dredge disposal site and dredge quantities;

5. Any other materials the Harbor Resources Manager deems necessary to support the
application.

C. Limits on Development. Development involving the diking, filling, or dredging of open coastal waters, wetlands, or estuaries shall only be permitted under the following circumstances:

1. Only if there is no feasible, less environmentally damaging alternative.

2. If there is no feasible, less environmentally damaging alternative, mitigation measures
shall be provided to minimize adverse environmental effects.

3. Dredged materials suitable for beneficial reuse shall be transported for such purposes
to appropriate areas and placed in a manner that minimizes adverse effects on the
environment.

The permittee shall be encouraged to work with the City in making sure materials are
available for harbor beach replenishment.

4. Diking, filling or dredging projects shall sustain the functional capacity of the
wetland, or estuary. In order to establish that the functional capacity is being
maintained, the applicant must demonstrate all of the following:

a. That the project does not alter presently occurring plant and animal populations
in the ecosystem in a manner that would impair the long-term stability of the
ecosystem; i.e., natural species diversity, abundance, and composition are
essentially unchanged as a result of the project;

b. That the project does not harm or destroy a species or habitat that is rare or
endangered;

c. That the project does not harm a species or habitat that is essential to the natural
biological functioning of the wetland or estuary;

d. That the project does not significantly reduce consumptive (e.g., fishing,
aquaculture and hunting) or nonconsumptive (e.g., water quality and research
opportunity) values of the wetland or estuarine ecosystem.

5. Dredging and dredged material disposal shall avoid significant disruption to marine
and wildlife habitats and water circulation.

D. Limits on Development and Uses. Development involving diking, filling, or dredging of
open coastal waters, wetlands, and estuaries shall be limited to uses consistent with Section

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30233 of the California Public Resources Code (Coastal Act) and Section 21.30B.040(F). (Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 12), 2025)

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City of Newport Beach, CA