Chapter 21.52 — COASTAL DEVELOPMENT REVIEW PROCEDURES

This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the California Public Resources Code) as amended, in accordance with the City’s Local Coastal Land Use Plan and the City’s Local Coastal Program. The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City’s permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations. (Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 22), 2025)

A. Coastal Development Permit Required. Any development in the coastal zone shall require a coastal development permit issued by the City pursuant to Chapter 21.50, or the Coastal Commission, unless exempt or excluded from coastal development permitting requirements. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other articles of this title, other City ordinances or codes or from any state, regional or local agency. If conflicts between this chapter and other city ordinances or codes arise, this chapter shall govern.

B. Permit Jurisdiction. After the effective certification of the LCP and the Coastal
Commission’s delegation of authority to the City, the City shall issue all coastal
development permits for development not located within the Coastal Commission’s permit
jurisdiction.

1. Coastal Development Permit Issued by the Coastal Commission. Developments on
tidelands, submerged lands, and public trust lands as described in California Public
Resources Code Section 30519(b) and in deferred certification areas designated by
the certified Local Coastal Program require a permit or exemption issued by the
Coastal Commission in accordance with the procedure as specified by the Coastal
Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas
are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction
Map.

a. Approval in Concept. All development in areas where the Coastal Commission
retains coastal development permit authority shall require conceptual approval
from the City prior to application to the Coastal Commission. An approval in
concept indicates that the proposed development conforms in concept to all City
land use and development regulations, including any applicable discretionary
actions, and therefore entitles the applicant to apply to the Coastal Commission
for a coastal development permit.

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2. Coastal Development Permit Issued by the City. All development requires a coastal development permit unless specifically exempted or excluded. After certification of the LCP, the City shall issue all coastal development permits and exemptions or exclusions for development not located within the Coastal Commission’s permit jurisdiction.

   C. Application Filing, Processing, and Review. An application for a coastal development permit shall be filed and processed in compliance with Chapter 21.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

   D. Public Notice and Hearing Provisions.

   1. Public Hearing Required. A public hearing shall be required before the decision on
   any coastal development permit application for development that is not exempted or
   excluded.

   2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in
   compliance with Chapter 21.62 (Public Hearings).

   E. Review Authority. The review authority identified in Table 21.50-1 (Section 21.50.020) is designated to approve, conditionally approve, or deny applications for coastal development permits and the modification or revocation thereof, in compliance with the procedures provided in this section. The review authority may not exercise its power to grant or deny applications for coastal development permits in a manner which will take or damage private property for public use, without the payment of just compensation therefor.

   F. Findings and Decision. The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development: 1. Conforms to all applicable sections of the certified Local Coastal Program; 2. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.

G. Conditions of Approval. The review authority may impose such reasonable terms and conditions in connection with the granting of a coastal development permit as deemed necessary ensure that the development will be in accordance with the certified Local Coastal Program and, if applicable, the public access and public recreation policies of Chapter 3 of the Coastal Act, and may require guarantees and evidence that such conditions are being or will be complied with.

H. Notice of Final Action. Within seven calendar days of the date of the City’s final local
action on an exemption or coastal development permit application and meeting the
requirements of 14 CCR Section 13570, a notice of its final action shall be sent, by first
class mail, to the applicant, the Coastal Commission, and any persons who specifically
request such notice by submitting a self-addressed, stamped envelope to the City. Such

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notice shall be accompanied by a copy of the exemption, denial, or coastal development
permit approval with conditions of approval and written findings and the procedures for
appeal of the action to the Coastal Commission.

I. Post-Decision Procedures. The procedures and requirements in Chapter 21.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this Implementation Plan (Implementation Plan Administration) shall apply
following the decision on a coastal development permit application or exemption.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2025-14
§ 1 (Exh. A § 23), 2025)

In the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed.

A. Application. An emergency coastal development permit application shall be made to the
Director in writing, or if, in the opinion of the Director, time does not allow written
application, the application may be made orally in person or by telephone or electronic mail
and shall include the following:

1. A description of the nature or cause of the emergency and location of the emergency;

2. The location of the protective or preventative work required to deal with the
emergency;

3. An explanation of the circumstances during the emergency that justify the action to
be taken, including the probable consequences of failing to take action.

B. Limitations. The Director shall not grant an emergency coastal development permit for any
development that falls within an area in which the Coastal Commission retains direct
permit review authority. In such areas and for such developments, a request for an
emergency authorization must be made to the Coastal Commission. In addition, a waiver
for a coastal development emergency permit may be obtained from the Coastal
Commission Executive Director for development that is required to protect life or public
property in accordance with Section 30611 of the Coastal Act.

C. Application Review. The Director is the review authority for emergency coastal
development permit applications. The Director’s determination to approve or deny the
application shall be final. If the Director approves the application, the Director shall submit
a report to the California Coastal Commission and the Planning Commission detailing the
review and approval process, including the nature of the emergency and the remedial,
protective, or preventive work required to deal with the emergency. Before making a
determination, the Director shall verify the facts, including the existence and the nature of
the emergency, insofar as time allows. The Director may grant an emergency permit upon
reasonable terms and conditions, including an expiration date and the necessity for a
regular permit application later, if the local official finds that:

1. An emergency exists that requires action more quickly than permitted by the
procedures for regular permits administered pursuant to the provisions of Chapter
21.50, Permit Application Filing and Processing, and the work can and will be
completed within thirty (30) days unless otherwise specified by the terms of the

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permit; and

2. Public comment on the proposed emergency action has been reviewed, if time allows;
and

3. The work proposed would be consistent with the requirements of the certified Land
Use Plan portion of the local government’s Local Coastal Program; and

4. The work proposed under the emergency permit shall be the minimum amount
necessary to address the emergency.

D. Expiration. An emergency coastal development permit is valid for sixty (60) days from the
date of issuance by the Director. The Director may extend an emergency permit for an
additional sixty (60) days for good cause including but not limited to that a coastal
development permit application is on file.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016)

The following projects, when they are not located within the Coastal Commission’s jurisdiction, are exempt from the requirement to obtain a coastal development permit from the City:

A. Precertification. Any development authorized by a coastal development permit approved
by the Coastal Commission before effective date of certification of the Local Coastal
Program and has not expired.

B. Coastal Commission Permit Jurisdiction Areas. For developments in deferred certification
areas and the Coastal Commission’s original jurisdiction, the Coastal Commission retains
permit jurisdiction. Applicants wishing to perform development in these areas must apply
directly to the Coastal Commission for authorization before commencing development.

C. Coastal Act Exemptions. Developments not located within the Coastal Commission’s
permit jurisdiction determined to be exempt from the coastal development permit
requirements pursuant to California Public Resources Code Section 30610. The following
types of projects shall be so exempted unless they involve a risk of adverse environmental
effects:

1. Existing Single-Unit Residential Buildings. Improvements to existing single-unit
residential buildings, including all fixtures and other exterior structures directly
attached to the residence; ancillary structures normally associated with single-unit
residences, such as garages, swimming pools, fences, storage sheds, but not including
guest houses or self-contained residential units; and landscaping on the lot. The
following classes of development require a coastal development permit, however,
because they involve a risk of adverse environmental effects:

a. Improvements to a single-unit structure where either the structure or the
improvement is located on a beach, in a wetland or stream, seaward of the mean
high tide line, within an environmentally sensitive habitat area, or in an area
designated as highly scenic in the Certified Coastal Land Use Plan, or within
fifty (50) feet of the edge of a coastal bluff.

b. Any significant alteration of landforms including removal or placement of
vegetation on a beach, wetland, or sand dune, or within fifty (50) feet of the edge

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of a coastal bluff or stream, or in an environmentally sensitive habitat area.

c. Expansion or construction of a water well or septic system.

d. Improvements on property that is located between the sea and first public road paralleling the sea, or within three hundred (300) feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission, when such improvements would constitute or result in any of the following:

i. An increase of ten (10) percent or more of the floor area of existing
structure(s) on the building site or an additional improvement of ten (10)
percent or less where an improvement to the structure has previously been
undertaken pursuant to California Public Resources Code Section
30610(a) and/or this subsection.

ii. The construction of an additional story or loft or increase in building height
of more than ten (10) percent.

iii. The construction, placement or establishment of any significant
nonattached structure such as a garage, fence, shoreline protective works
or docks.

e. In areas that the Coastal Commission has declared by resolution after a public
hearing to have a critically short water supply that must be maintained for the
protection of coastal resources or public recreational use, the construction of any
specified major water using development not essential to residential use such as,
but not limited to, swimming pools or the construction or extension of any
landscaping irrigation system.

f. Any improvement to a single-unit residence where the coastal development
permit issued for the original structure indicates that any future improvements
would require a coastal development permit.
In any particular case, even though an improvement falls into one of the classes
set forth in this subsection (C)(1), the Director may, upon finding that the impact
of the development on coastal resources or coastal access to be insignificant, waive
the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis
Development).

2. Other Existing Structures. Improvements to existing structures, other than single-unit
residences or public works facilities, including all fixtures and other structures
directly attached to the structure and landscaping. The following classes of
development, however, require a coastal development permit because they involve a
risk of adverse environmental effect, adversely affect public access, or involve a
change in use contrary to the Coastal Act:

a. Improvements to any structure where either the structure or the improvement is
located on a beach, in a wetland or stream, or seaward of the mean high tide line,
in an area designated as highly scenic in the certified Coastal Land Use Plan, or
within fifty (50) feet of the edge of a coastal bluff.

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City of Newport Beach, CA § 21.52.035 NEWPORT BEACH CODE § 21.52.035

b. Any significant alteration of landforms, including removal or placement of
vegetation, on a beach or sand dune; in a wetland a stream; or within one
hundred (100) feet of the edge of a coastal bluff or stream, in a highly scenic
area; or in an environmentally sensitive habitat area.

c. Expansion or construction of a water well or septic system.

d. Improvements on property that is located between the sea and first public road
paralleling the sea, or within three hundred (300) feet of the inland extent of any
beach or of the mean high tide of the sea where there is no beach, whichever is
the greater distance, or in significant scenic resources areas as designated by the
Coastal Commission, when such improvements would constitute or result in any
of the following:

i. An increase of ten (10) percent or more of the internal floor area of existing
structure(s) on the building site or an additional improvement of ten (10)
percent or less where an improvement to the structure has previously been
undertaken pursuant to California Public Resources Code Section
30610(a) and/or this subsection.

ii. The construction of an additional story or loft or increase in existing
structure’s height by more than ten (10) percent.

iii. The construction, placement or establishment of any significant
nonattached structure such as a garage, fence, shoreline protective works
or docks.

e. In areas that the Coastal Commission has declared by resolution after a public
hearing to have a critically short water supply that must be main-tained for the
protection of coastal resources or public recreational use, the construction of any
specified major water using development not essential to residential use such as,
but not limited to, swimming pools or the construction or extension of any land-
scaping irrigation system.

f. Any improvement where the coastal development permit issued for the original
structure indicates that any future improvements would require a coastal
development permit.

g. Any improvement to a structure that changes the intensity of use of the structure.

h. Any improvement made pursuant to a conversion of an existing structure from
a multiple unit rental use or visitor-serving commercial use to a use involving a
fee ownership or long-term leasehold including but not limited to a
condominium conversion, stock cooperative conversion or motel/hotel
timesharing conversion.
In any particular case, even though an improvement falls into one of the classes
set forth in this subsection (C)(2), the Director may, upon finding that the impact
of the development on coastal resources or coastal access to be insignificant, waive
the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis
Development).

3. Maintenance Dredging. Maintenance dredging of existing navigation channels or

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City of Newport Beach, CA § 21.52.035 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.52.035

moving dredged materials from those channels to a disposal area outside of the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

4. Repair and Maintenance. Repair or maintenance activities, with the exception of the following activities that involve a risk of substantial adverse environmental impacts: a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: i. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; or ii. The placement, whether temporary or permanent, of riprap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works; or iii. The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind; or iv. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty (20) feet of coastal waters or streams. b. Any method of routine maintenance dredging that involves: i. The dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period; or ii. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, or within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty (20) feet of coastal waters or streams; or iii. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. c. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty (20) feet of any coastal waters and streams that include: i. The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials; ii. The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit; iii. All repair and maintenance activities governed by this subsection (C)(4)

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City of Newport Beach, CA § 21.52.035 NEWPORT BEACH CODE § 21.52.035

shall be subject to the permit regulations promulgated pursuant to the
Coastal Act, including but not limited to the regulations governing
administrative and emergency permits. The provisions of this subsection
(C)(4) shall not be applicable to those activities specifically in the
document entitled Repair, Maintenance and Utility Hookups, adopted by
the Commission on September 5, 1978, unless a proposed activity will
have a risk of substantial adverse impact on public access, environmentally
sensitive habitat area, wetlands, or public views to the ocean.

d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a
single-family residence, seawall, revetment, bluff retaining wall, breakwater,
groin or any other structure is not repair and maintenance under California
Public Resources Code Section 30610(d) but instead constitutes a replacement
structure requiring a coastal development permit.
In any particular case, even though an improvement falls into one of the classes
set forth in this subsection (C)(4), the Director may, upon finding that the impact
of the development on coastal resources or coastal access to be insignificant, waive
the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis
Development).

5. Utility Connections. The installation, testing and placement in service or the
replacement of any necessary utility connection between an existing service facility
and any development approved pursuant to the Coastal Act or the certified LCP;
provided, however, that the City or the Coastal Commission may, where necessary,
require reasonable conditions to mitigate any adverse impacts on coastal resources,
including scenic resources.

6. Replacement of Structures Destroyed by Disaster. The replacement of any structure,
other than a public works facility, destroyed by a disaster, provided the following
requirements are met:

a. The use of the replacement structure is the same as the use of the destroyed
structure;

b. The replacement structure does not exceed either floor area, height, or bulk of
the destroyed structure by more than ten (10) percent; and

c. The replacement structure is sited in the same location on the affected property
as the destroyed structure.

7. Time-Share Conversions. Any activity any-where in the coastal zone that involves the
conversion of any existing multiple-unit residential structure to a time-share project,
estate, or use, as defined in Section 11003.5 of the California Business and
Professions Code. If any improvement to an existing structure is otherwise exempt
from the permit requirements of this part, no coastal development permit shall be
required for that improvement on the basis that it is to be made in connection with
any conversion exempt pursuant to this subsection. The division of a multiple-unit
residential structure into condominiums, as defined in Section 783 of the Cal. Civ.
Code, shall not be considered a time-share project, estate, or use for purposes of this
subsection.

D. Special and Temporary Events. Special and other temporary events that meet all of the

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City of Newport Beach, CA § 21.52.035 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.52.055

following criteria may also be exempt from coastal development permit requirements:

1. The event will not occur on and between Memorial Day weekend and Labor Day or if proposed in this period will be of less than one day in duration including setup and take-down or will not significantly impact public use of roadways or parking areas or otherwise impact public use or access to coastal waters; and 2. The event will not occupy any portion of a public sandy beach or the location is remote with minimal demand for public use; and 3. There is no potential for adverse effect of sensitive coastal resources; and 4. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use or event of the same area (not including booth or entry fees); or, if a fee is charged, it is for preferred seating only and more than seventy-five (75) percent of the provided seating capacity is available free of charge for general public use; and 5. Does not involve permanent structures or structures that involve grading or landform alteration for installation; or 6. The event has previously received a coastal development permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously approved event. The Director may determine that a temporary event shall be subject to coastal development permit review, even if the criteria in subsections (D)(1) through (6) of this section are met, if the Director determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. (Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2025-14 § 1 (Exh. A § 24), 2025)

A. Post-Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after certification of this Implementation Plan pursuant to California Public Resources Code Section 30610(e) or 30610.5 and 14 CCR Sections 240 et seq. and 13215 et seq. Records of such categorical exclusions shall be kept on file with the Department.

B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission
and to any person who has requested such notice within five business days of issuance. The
notice of exclusion may be issued at the time of project application but shall not become
effective until all other approvals and permits required for the project are obtained. A copy
of all terms and conditions imposed by the City shall be provided to the Coastal
Commission, per 14 CCR Section 13315.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 25), 2025)

A. Authority. The Director may issue a written waiver from the coastal development permit

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City of Newport Beach, CA § 21.52.055 NEWPORT BEACH CODE § 21.52.055

requirements of this chapter for any development that is de minimis.

B. Determination of Applicability. A proposed development is de minimis if the Director
determines, based on a review of an application for a coastal development permit, that the
development satisfies all of the following requirements:

1. The proposed development is within the coastal zone and not located within an appeal
area and not within an area where the Coastal Commission retains permit jurisdiction
and no local public hearing is required.

2. The proposed development involves no potential for any adverse effect, either
individually or cumulatively, on coastal resources and that it will be consistent with
the certified Local Coastal Program. The determination shall be made in writing and
based upon factual evidence.

C. Applicability. The Director may consider the following types of development for possible
permit waivers:

1. Projects that would have been placed on the consent calendar of the City Council
agenda without special conditions;

2. Projects fully consistent with the certified LCP and for which all applicable policies
of the LCP are objective in nature, such that staff does not have to exercise its
judgment as to satisfaction of subjective criteria; and

3. Projects located in areas where similar projects have been approved as a routine
matter without conditions or opposition.

The following projects will not be considered for possible waivers:

1. Projects that involve questions as to conformity with the certified LCP, or that
may result in potential impacts on coastal resources and public access;

2. Projects with known opposition or probable public controversy; and

3. Projects that involve divisions of land including condominiums.

D. Public Notice. If, upon review of the coastal development permit application, the Director determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed development within ten (10) calendar days of accepting an application for a de minimis waiver or at least seven calendar days prior to the decision on the application. The Director shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within three hundred (300) feet of the perimeters of the parcel on which the development is proposed, and to the Coastal Commission.

E. Content of Public Notice. The notice shall contain the following information:

1. A general description of the proposed project and location;

2. A statement that the development is within the coastal zone;

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3. The date of filing of the application and the name of the applicant;

4. The number assigned to the application;

5. The date at which the waiver may become effective;

6. The general procedure concerning the submission of public comments either in
writing or orally prior to the decision; and

7. A statement that a public comment period of sufficient time to allow for the
submission of comments by mail will be held prior to the decision.

F. Report to the City Council. The Director shall report to the City Council at its next available public hearing those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director shall be available for public inspection at the public counter of the Community Development Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director makes his/her report to the City Council. If two members of the City Council so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of this chapter. (Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2018-16 § 4 (Exh. A)(part), 2018)

A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and 14 CCR Section 13574:

1. The Executive Director of the Coastal Commission shall review and approve all legal
documents specified in the conditions of approval of a coastal development permit for
public access and conservation/open space easements.

a. Upon completion of permit review, and prior to the issuance of the permit, the
City shall forward a copy of the permit conditions, findings of approval, and
copies of the legal documents to the Executive Director of the Coastal
Commission for review and approval of the legal adequacy and consistency with
the requirements of potential accepting agencies;

b. The Executive Director of the Coastal Commission shall have fifteen (15)
working days from receipt of the documents in which to complete the review
and notify the City of recommended revisions if any;

c. The City may issue the permit upon expiration of the fifteen (15) working day
period if notification of inadequacy has not been received by the City within that
time period;

d. If the Executive Director has recommended revisions to the City, the permit

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City of Newport Beach, CA § 21.52.075 NEWPORT BEACH CODE § 21.52.090

shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director; or

2. At the time of coastal development permit approval, if the City requests, the Coastal Commission shall delegate to the City the authority to process the recordation of the necessary legal documents pertaining to the public access and open space conditions. Upon completion of the recordation of the documents the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the Executive Director of the Coastal Commission. (Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2025-14 § 1 (Exh. A § 26), 2025)

A. Purpose. The purpose of this section is to provide relief from the development standards of this Implementation Plan when so doing is consistent with the purposes of the certified Local Coastal Program and will not have an adverse effect, either individually or cumulatively, on coastal resources.

B. Applicability. Any development standard of this Implementation Plan may be modified or
waived through the approval of a coastal development permit, except: allowed and
prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions
(for example, prohibitions intended to protect coastal resources, prohibited barriers to
public access, limits on the use of protective structures, prohibited materials, prohibited
plant species, prohibited signs, etc.); or procedural requirements.

1. Modifications. Minor deviations for the following development standards may be
permitted when practical difficulties associated with the property and the strict
application of the Implementation Plan result in physical hardships:

a. Height modifications from exceptions identified in Part 3 of this title (Site
Planning and Development Standards). The following modifications are limited
to not more than a ten (10) percent deviation from the standard being modified:

i. Chimneys, rooftop architectural features, and vents in excess of the
exception to the allowed height limits identified in Part 3 of this title (Site
Planning and Development Standards);

ii. Flag poles in excess of the exception to the allowed height limits; and

iii. Heights of fences, hedges, or walls (except retaining walls).

b. Setback Modifications. The following modifications are limited to not more
than a ten (10) percent deviation from the standard being modified:

i. Encroachments in front, side, or rear setback areas while still maintaining
the minimum clearances required by Section 21.30.110 (Setback
Regulations and Exceptions). Exceptions include the following:

(A) Modifications shall not be allowed for encroachments into alley
setbacks; and

(B) Modifications shall not be allowed for encroachments into bluff

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City of Newport Beach, CA § 21.52.090 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.52.090

setback areas.

ii. Structural appurtenances or projections that encroach into front, side, or rear setback areas.

c. Sign Modifications. Modifications shall be allowed for an increase in allowed
number and area of signs and an increase in allowed height modifications for
pylon signs up to a maximum of twenty-four (24) feet, and up to a maximum of
eight feet for monument signs.

d. Retaining Wall Modifications. Modifications shall be allowed for an increase in
the allowed height of retaining walls up to a maximum of ten (10) feet.

e. Other Modifications. Except as otherwise provided, the following modifications
are not limited in the amount of deviation from the standard being modified:

i. Distances between structures located on the same lot;

ii. Landscaping standards in compliance with Section 21.30.075
(Landscaping), except for subsection (B)(3);

iii. Size or location of parking spaces, access to parking spaces, and
landscaping within parking areas, provided the modification does not
result in an adverse impact to public on-street parking spaces;

iv. Increase in allowed floor area of additions for uses that have
nonconforming parking; provided required parking for the additional
square footage is provided and other requirements per Section 21.38.060
(Nonconforming Parking).

2. Variances. Waiver or modification of certain standards of this Implementation Plan
may be permitted when, because of special circumstances applicable to the property,
including location, shape, size, surroundings, topography, or other physical features,
the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in
the vicinity and in the same coastal zoning district.

3. Modifications and Waivers Authorized Elsewhere. This section is not applicable
when a modification or waiver to a development standard is specifically authorized
elsewhere in this Implementation Plan.

C. Considerations. In reviewing a coastal development permit application for development
requesting a modification or variance, the review authority shall consider the following:

1. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and 2. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources. D. Findings and Decision. The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings:

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City of Newport Beach, CA § 21.52.090 NEWPORT BEACH CODE § 21.52.090

1. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Implementation Plan results in
physical hardships; or

2. The granting of the variance is necessary due to special circumstances applicable to
the property, including location, shape, size, surroundings, topography, and/or other
physical features, the strict application of the development standards otherwise
applicable to the property denies the property owner privileges enjoyed by other
property owners in the vicinity and in the same coastal zoning district; and

3. The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F);

4. The modification or variance will not result in development that blocks or
significantly impedes public access to and along the sea or shoreline and to coastal
parks, trails, or coastal bluffs;

5. The modification or variance will not result in development that blocks or
significantly impairs public views to and along the sea or shoreline or to coastal bluffs
and other scenic coastal areas;

6. The modification or variance will not result in development that has an adverse effect,
either individually or cumulatively, on coastal resources, including wetlands,
sensitive habitat, vegetation, or wildlife species; and

7. The granting of the modification or variance will not be contrary to, or in conflict
with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program.
(Ord. 2019-5 § 6, 2019)

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City of Newport Beach, CA