1.1 under seismic (pseudostatic) conditions for its

seventy-five (75) years). This generally means that the setback necessary to achieve a factor of safety of 1.5 (static) and 1.1 (pseudostatic) today must be added to the expected amount of bluff erosion over the economic life of the development (generally seventy-five (75) years);

d. On sites with an existing bulkhead, a determination as to whether the existing
bulkhead can be removed and/or the existing or a replacement bulkhead is
required to protect existing principal structures and adjacent development or
public facilities on the site or in the surrounding areas; and

e. Identification of necessary mitigation measures to address current hazardous
conditions such as siting development away from hazardous areas and elevating
the finished floor of structures to be at or above the base flood elevation

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 21.30.015 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.015

including measures that may be required in the future to address increased
erosion and flooding due to sea level rise such as waterproofing, flood shields,
watertight doors, moveable floodwalls, partitions, water-resistive sealant
devices, sandbagging and other similar flood-proofing techniques.

3. Bulkhead Condition Report. Where a coastal hazards report shows that an existing
bulkhead on the site cannot be removed and/or an existing or replacement bulkhead
is required to protect existing principal structures or public facilities, the applicant
shall submit a bulkhead condition report that includes the following:

a. A statement of the preparer’s qualifications;

b. An analysis of the condition of any existing bulkhead including whether the top
elevation meets current City standards, the condition of the sheetpiles or panels,
the condition of existing tiebacks and/or deadmen or similar, and any other
relevant conditions;

c. Recommendations regarding the need for repair, augmentation or replacement
of the bulkhead or any parts thereof;

d. If augmentation or replacement in the existing alignment is necessary,
recommendations that will avoid seaward encroachment of the bulkhead;

e. If replacement is necessary and the existing bulkhead is not in alignment with adjacent bulkheads, recommended alternatives that will relocate the bulkhead in as much in alignment with adjacent bulkheads, and as far landward, as possible.

4. Geologic Stability Report. In addition to the coastal hazards report required above,
coastal development permit applications for development proposed in shoreline areas
of known or potential geologic or seismic hazards shall include a geologic/soils/
geotechnical report. The geologic/soils/geotechnical report shall use the methodology
in Appendix A and include the following:

a. A statement of the preparer’s qualifications;

b. Identification of geologic hazards affecting the site;

c. Identification of necessary mitigation measures;

d. A certification that the:

i. Site is suitable for the proposed development;

ii. Development will have no adverse effect on the stability of the bluff,
canyon, or shoreline;

iii. Development is expected to be reasonably safe from failure and erosion
over its economic lifetime without reliance on existing or future protective
structures for stability;8 and

iv. Adaptation options and mitigation measures have been incorporated to
address potential risk without having to rely on existing protective

8. This standard shall not apply to development along Newport Bay with an existing bulkhead.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 21.30.015 NEWPORT BEACH CODE § 21.30.015

structures or the need to install additional protective structures in the
future;9

e. An analysis of the following factors:

i. Slope geometry and site topography, extending the surveying work beyond
the site as needed to depict unusual geomorphic conditions that might
affect the site;

ii. Identification of the coastal bluff or canyon edge, where applicable;

iii. Historic, current, and foreseeable erosion, including changes in shore
configuration and sand transport;

iv. Geologic conditions (e.g., soil, sediment, rock types and characteristics, etc.) in addition to structural features (e.g., bedding, joints, faults, etc.). The analysis shall include slope stability/failure analyses (i.e., analyses of the possibility that bluff retreat may occur suddenly and catastrophically through slope failure) and erosion rate estimates (i.e., estimates of the possible rate at which bluff retreat may occur over time);

v. Evidence of past or potential landslide conditions, the implications of the
condition for the proposed development, and the potential effects of the
development on landslide activity;

vi. Impact of construction activity on the stability of the site and adjacent area;

vii. Ground and surface water conditions and variations, including hydrologic
changes caused by the development;

viii. The erosion potential of the site and mitigation measures to be used to
ensure minimized erosion problems before and after proposed construction
(i.e., landscape and drainage design);

ix. Effects of marine erosion factoring in long-term (seventy-five (75) year)
coastal bluff retreat projections for sea level rise;

x. Potential effects of seismic forces resulting from a maximum credible
earthquake;

xi. Any other factors that might affect bluff, canyon, or shoreline stability; and

xii. Identification of the geologic setback line (GSL) necessary to assure a 1.5
factor of safety (static) and 1.1 factor (pseudostatic) for seventy-five (75)
years without reliance upon any deepened foundation system (e.g.,
caissons).

5. Waiver of Future Protection. As a condition of approval of new development, the
review authority shall require an agreement between an applicant, 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 any potential right to future
protection to address situations in the future in which development is threatened with

9. This standard shall not apply to development along Newport Bay with an existing bulkhead.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 21.30.015 LOCAL COASTAL PROGRAM IMPLEMENTATION § 21.30.015

damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. The applicant shall agree to:

a. Never construct structures or features over the economic life of the development
to protect the development; and

b. Remove and relocate all portions of a development, including associated fallen
debris at the base of a bluff or canyon and/or State tidelands, if a government
agency determines that the development is hazardous or a threat to the public.
Bulkheads are subject to the requirements and limitations in Section
21.30.030(C)(3)(i).

6. Fuel Modification.

a. Applicability. This subsection provides standards for development within and
adjacent to wildland fire hazard areas.

b. New development in urban-wildland interface areas shall be sited and designed
to avoid fire hazard areas, minimize required fuel modification zones, and avoid
the need to extend fuel modification zones into sensitive habitats and areas of
visual prominence to the maximum extent feasible. Alternative means to
thinning and/or vegetation removal of native vegetation for fire hazard
management, such as minimizing the building envelope, and/or siting of the
structure(s) away from hazard areas, and/or use of fire retardant design and
materials are preferable.

c. Fire risk reduction shall be determined on a case-by-case basis and may include
the following, but is not limited to:

i. Compliance with Building Code and Fire Code requirements for project;

ii. Tile roof treatments;

iii. Irrigated buffer zones;

iv. Installation of masonry or other noncombustible, fire-resistant walls;

v. Boxed eaves;

vi. Reduced landscaping; and

vii. Other such alternative construction methods.

d. Fuel modification zones abutting sensitive habitats shall consist of fire-resistive,
native plant species from the City-approved plant list.

e. Invasive ornamental plant species shall be prohibited in fuel modification zones
abutting sensitive habitats.

f. Fuel modification zones shall be located within the site being developed. Fuel modification performed by private property owners cannot go beyond property lines without agreement by the adjacent property owners.

g. Fuel modification on public land to protect existing private development shall

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 21.30.015 NEWPORT BEACH CODE § 21.30.025

be avoided whenever feasible; if avoidance isn’t feasible, measures must be
employed to minimize the amount of fuel modification necessary on public land.

h. No new division of land shall be allowed that would require new fuel
modification (e.g., vegetation removal) or new fuel breaks in environmentally
sensitive habitat areas (ESHA) or on public open space or park lands to protect
new development within the resultant lots.

7. Erosion Control Plan. Applications for development located within one hundred (100)
feet of a bluff or canyon edge involving substantial alterations to existing buildings or
site design, or construction of new buildings, shall include a site-specific erosion
control plan. The plan shall be prepared by a registered engineer qualified in
hydrology and soil mechanics, and shall incorporate drainage improvements,
irrigation systems, and/or native or drought-tolerant vegetation into the design to
minimize bluff or canyon recession and will eliminate or mitigate any adverse
impacts on local shoreline sand supply to the maximum extent feasible.
(Ord. 2016-19 § 9 (Exh. A)(part), 2016; Ord. 2019-5 § 2, 2019)