Tag Archives: coastal bluffs

1113 Kings Road

1113 Kings Road
City Council upholds grant of variances

Project Overview
Why We’re Watching
Background
Regarding the Variances
Other Issues
Upcoming
Recent Events
News Coverage
Helpful Links

Project Overview:  Application to construct a three-level single family residence with 10,803 sf of enclosed living space floor area plus a 1,508 sf garage on the ocean-facing bluff side of Kings Road, a City street high above Newport Harbor, with the Mariners Mile section of Pacific Coast Highway (specifically the Balboa Bay Resort) below.  The new residence (seen as two stories from Kings Road) would replace an existing two-level home (seen as one story from the road) with 3,000 sf of living area and 1,285 sf of garage, including a previously-approved over-height RV garage.  The application came before the Planning Commission for approval because the applicant requested variances  (exceptions) to the City’s building height standards. SPON appealed that decision to the City Council, where it was heard on September 10. as Item 20 on the agenda.  The Council upheld the variances by a 4:3 vote with Council members Avery, Brenner and Dixon voting “no.”

Why We’re Watching:  While the appeal is technically an objection only to the height variances, SPON sees a larger need to call attention to development standards that fail to prevent construction inconsistent with the existing and expected pattern of development in the city. Many SPON members, and other residents, have expressed concern about the increasing “mansionization” of our community, of which this seems an example. Much of that change in character has been accomplished simply by filling lots to the very limits of the building envelope allowed by the City’s current zoning codes.  In the present case, City staff says 29,024 square feet of enclosed floor area is allowed on the lot, yet even the proposed 12,311 square feet seems too much for the neighborhood, and wantonly destructive of the coastal bluffs.

Specific points raised in the appeal include:

  • Opposition by the local homeowners association
  • A possibility of environmental impacts not assessed by City
  • Inconsistency with General Plan policies protecting natural resources, including coastal bluffs
  • The “findings” justifying the variances are not defensible
  • Alternatives to granting the variances were rejected without explanation

An attorney representing SPON has submitted a letter detailing some of the legal reasons for denying the requested variances.

Background

Newport Beach development standards (specifically Municipal Code Sec. 20.18.030 referencing Sec. 20.30.060.C) limit the height of flat roofs and railings on single family homes to a maximum of 24 feet above the grade of the lot, and up to 29 feet for portions with sufficiently sloping roofs.  Deviations require what is referred to as a “variance” from the zoning code (granted per Newport Beach Municipal Code Sec. 20.52.090).

Variances are supposed to be difficult to obtain, and are supposed to be allowed only when due to some unusual physical peculiarity of the property not properly anticipated in the code, and such that a strict application of the standards would deprive the owner of a right enjoyed by other property owners not suffering from that peculiarity.  In this case, the hardship is claimed to be a gully that cuts through lots to the east and the edge of which protrudes into the eastern part of this one.

The present matter came to a public hearing only because of the applicant’s request for some relatively minor deviations from the City’s height standards at a few points on the roofs and decks as shown below, viewing the structure from the east.

By way of explanation, the middle (or street level) portion of the proposed three-level structure begins with a garage (the area with no windows), on the right, followed by an office area and then a patio on the left. Above the garage is “Bedroom 2” of the five-bedroom home, and above the office is a “Teen Room.”

Heights on sloping lots are measured not from the actual land surface, but from a series of “planes” that approximate it.  The surfaces show in yellow, above, are 29 feet above these City-assigned grade planes (which are somewhat arbitrary and do a rather poor job of approximating the true ground surface, which in some places is a much as 4 feet above them and in others as much as 6 feet below the staff-selected planes).

As measured from City staff’s grade planes, the sloping eaves of the patio cover, office, teen room, and “bedroom 2” bath and closet roofs exceed the City’s 29 foot height limit by the amounts shown in blue. In addition, portions of a third level flat deck and rail (hidden behind the 29-foot yellow planes, and serving as the cover for parts of the mid-level living room and office area) exceed the 24 foot height limit for flat roofs

The applicant claims the unusual situation of “having” to build over the edge of a gully justifies these exceedances (click on images to see full size):

Regarding the Variances

The City’s Zoning Code sets minimal standards that construction must comply with and variances from those can be approved only (NBMC Sec. 20.52.090.F) if all of six required “findings” can be made. As detailed in our letter, SPON believes they cannot be made for the following reasons:

  1. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;

Staff claims the unique circumstance is the east-west and north-slopes created by the gully on the eastern edge of the property.

However, all the lots on the south side of Kings Road slope down from the road to bottom of the bluff where it ends behind the commercial properties on West Coast Highway and development on sloping lots is a condition anticipated and dealt with in the Code (through provisions such as measuring structure heights from grade). Staff provides no compelling explanation of why an east-west (or steeper) slope is more constraining than a north-south (or shallower) one. Indeed, it says owners of sloping lots are generally able to comply with the code by building terraced two-level structures that follow the grade.

  1. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification;

In an attempt to validate this required finding, staff makes some odd observations. Among them is this: “Modifying the proposed design to eliminate the height variance for enclosed living area would require eliminating an office on the main level, located behind a compliant garage.” Not only does staff not explain where building an office behind a garage is a “privilege” afforded by the Code to other properties, but a few pages later (on handwritten page 17 of the staff report) it observes the proposed garage is deeper than it needs to be to comply with code, and if the garage was reduced in depth, an office could be built behind a compliant garage without any height exceptions. On the same page, staff explains how each of the other uses claimed to require height exceptions could, with redesign, be constructed without the exceptions.

  1. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant;

Staff asserts that because of the east-west slope created by the gully, “Strict compliance with the Zoning Code would deprive the applicant of the substantial property
right of building a residence of uniform height across the subject site” and  “would effectively reduce the buildable width from approximately 90 percent of the lot width to 72 percent of the lot width at those locations.”

Staff does not explain where the “right” to build a residence of uniform height exists in the code, or why the applicant could not enjoy a terraced code-compliant design that follows the grade.

Indeed, as indicated below, treating the “gully feature” as if it doesn’t exist and building over it, far from being a “right,” seems inconsistent with City’s goals and policies. expressed in the Natural Resources Element of its General Plan, to preserve the natural topography, especially coastal bluffs such as this. In fact, in areas where multiple units are allowed on a lot, unusually steep or submerged portions are excluded from the area used to determine how many units are allowed.

  1. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district;

Exemption from the general rule that building heights follow the topography of the lot would appear to be a special privilege.

  1. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and

The opposition of neighbors provides strong evidence that approval of the height variances would be detrimental to the harmonious and orderly growth of the City. And there is a rational basis to their opposition. Neighbors, especially future owners of properties to the immediate east and west, have an expectation that construction at 1113 Kings Road will not protrude beyond the envelope prescribed by the Code. In particular, the lot at 1101 is even more strongly impacted by the “gully feature” and over-height construction at 1113 would incentivize over-height construction at 1101 to restore views blocked by 1113, in a cascading effect contrary to any notion of orderly growth.

  1. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan.

The requested variances clearly do conflict with our General Plan.

Their purpose is to facilitate construction over the “gully feature.”  However, such construction, let alone facilitating it, is completely contrary to the goals and policies of our General Plan.

In particular, Goal NR 23 of Natural Resources Element is that “Development respects natural landforms such as coastal bluffs,” to which end Policy NR 23.1 (“Maintenance of Natural Topography”) was adopted to “Preserve cliffs, canyons, bluffs, significant rock outcroppings, and site buildings to minimize alteration of the site’s natural topography and preserve the features as a visual resource.”

That commitment is echoed in one of the most fundamental “Who We Are” policies of the Land Use Element — Policy LU 1.3 (“Natural Resources”): “Protect the natural setting that contributes to the character and identity of Newport Beach and the sense of place it provides for its residents and visitors. Preserve open space resources, beaches, harbor, parks, bluffs, preserves, and estuaries as visual, recreational and habitat resources. “

Other Issues

While the variances were the reason for a public hearing, and SPON questions the need for them (as explained above), there are a number of other issues with this project.

Environmental Impacts

SPON questions the Planning Commission’s finding that this project qualifies for the Categorical Exemption from environmental analysis found in the CEQA Guidelines — something that normally applies to single-family home construction. The categorical exemptions do not apply  when there an unusual circumstances leading to the possibility of a significant impact (the “exception to the exemptions”). Building on steep slopes is itself unusual and the City staff report identifies this slope in a visually sensitive area as particularly “unusual,” event for Kings Road. In that connection, neighbors have raised concerns, based on both experience and previous geotechnical studies, about the impact of the construction and the weight of the structure on the stability of the the slope. SPON does not feel the possibility of environmental impacts should be dismissed without analysis.

Neighborhood Compatibility

  • Much of the neighborhood concern about this application has focused on the incompatibility of two-story homes facing the south side of Kings Road being incompatible with the historic character of the street.
  • Promises about preserving the character of neighborhoods are found primarily in the City’s General Plan.  Policy LU 5.1.5 (“Character and Quality of Single-Family Residential Dwellings”) assures the public that “Compatibility with neighborhood development in density, scale, and street facing elevations” will be implemented through revisions to the Zoning Code.
  • However, the Zoning Code does this, if at all, in a very obscure way which makes it extremely difficult for the public to challenge staff’s decisions about the present application which many think — even without the variances — is incompatible in scale and street facing elevations:
    • Without the variances, the present application for development would require a Zoning Clearance from the Director (per NBMC Sec. 20.16.030).
    • In approving the Zoning Clearance the Director makes findings of consistency with the General Plan that can be appealed to the Planning Commission (see NBMC Sec. 20.52.100).
    • However, the fact that the Director has approved a Zoning Clearance, and thus made an appealable finding of consistency, is known only to the applicant making the opportunity for others to appeal essentially meaningless.

Preservation of Natural Resources

  • As noted above, the General Plan also makes promises about how development in Newport Beach will respect the natural topography including preserving coastal bluffs as visual resources for all to enjoy.
    • Again, the General Plan promises these protections will be implemented through provisions in the Zoning Code.
    • However, as currently written, the Bluff Overlay District concept in NBMC Sec. 20.28.040 applies to only selected bluffs, of which this is not one.
  • This project disturbs a large portion of a coastal bluff despite the policy language in the General Plan promoting preservation of coastal bluffs. By extending both the structures and the retaining walls farther out from Kings Road, the amount of the bluff face not modified by substantial development will be reduced to less than half of what it currently is:

Sadly, even where bluffs are supposed to be protected by the City codes, that protection does not seem to be very strong. Here is an example of bluff-face construction currently underway at 124 Kings Place, where Kings Road wraps around above Dover Drive:

Coastal View Roads

The portion of West Pacific Coast Highway below this development is a designated Coastal View Road in both the City’s General Plan (see Figure NR3) and its Coastal Land Use Plan (Map 4-3).

Since views to the harbor and ocean from this stretch of road are already blocked by existing development along PCH, the scenic feature is evidently the coastal bluffs below Kings Road — in this case directly opposite the entrance to the Balboa Bay Resort (which, although privately operated, sits on publicly-owned property):

This provides even stronger reason to be concerned about the destruction noted above.

Errors in Staff Analysis?

The City’s code regulations for residential “third stories” (for which special development restrictions apply per NBMC Sec. 20.48.180), including the definition of what constitutes a third story are fraught with uncertainty.

For residential structures built on slopes, the Zoning Code gives the Community Development Director the discretion to decide which level (if any) counts as a third story.

In the present case, the staff report notes how portions of the structure are seen as three stories when viewed from the east (the “Left Side Elevation” below), and emphasizes how the third floor walls are stepped back from the property line as required. But in Table 1 on handwritten page 9 it regards, without explanation, only 411 sq. ft. as “3rd floor area.”

It inexplicably fails to note that much of the structure is also seen as three stories when viewed from the west (see “Right Side Elevation” above).  Possibly this is because the lowest level, as viewed from that side, is regarded as a “daylighting basement” rather than a first “story” because it is claimed to be partially below “natural” grade. But it seems to be above the existing or at least the finished grade after construction (it will have a door exiting on the west side).

In any event, it appears much of the uppermost level (the one at the top, including the “Master Bedroom” above the red arrow) has two levels below it, qualifying in most people’s estimation as a third floor.

In addition to comprising much more third floor area than reported, the “Master Bedroom” actually steps out closer to the property line than the floor below, rather than back away from the line:

and a portion of it may be closer to the west property line than the minimum setback (4 feet) required even without the additional 2 feet of step back expected for a third floor:

When viewed from the west, this three-story-looking portion of the house will, in addition, loom 37 feet in height as measured from the peak of the roof to the exterior ground, even though because of the City’s peculiar method measuring heights it counts as only “29 feet”  (measured from the slanting line near the bottom, representing “natural grade” — some 9 feet above the actual finished grade):

In summary, SPON feels there is much more problematic about this proposal than just the few height variances which are the technical issue the City allows to be appealed.

Upcoming

(no future actions expected)

Recent Events

  • September 10, 2019:  SPON’s appeal was heard as Item 20 on the City Council agenda.  Despite an attorney representing SPON submitting a letter detailing some of the legal reasons for denying the requested variances, the Council voted 4:3 to uphold the variances, with Council members Avery, Brenner and Dixon voting “no.”
  • June 5, 2019: SPON appealed the Planning Commission decision for a new hearing before the City Council.  It has been scheduled for September 10.
  • May 23, 2019:  As Item 4 on their agenda, the City’s Planning Commission approved the variance request.

News Coverage

  • none yet

Helpful Links

Banning Ranch Development Project

Image of Banning Ranch shared by another organization against its development
(Nature Commission)

Breaking news: March 30, 2017

The California Supreme Court has concluded the litigation described below by issuing a unanimous finding that the City’s environmental analysis was inadequate and misleading.

This effectively invalidates the project approvals granted by the City in 2012.

The courts ruling can be read here (PDF).

Latest Update: September 10, 2016
Great news!  With much anticipation, the California Coastal Commission met in Newport Beach on September 7th to consider the application for development on the Banning Ranch property.   After lengthy debate in a packed City Council Chambers, the Commission, with 1 of its 12 members (Chair Steve Kinsey) recused and another (Wendy Mitchell) absent, voted 9:1 to reject the application – even though it was significantly scaled back from what the City had OK’d in 2012.

According to press reports, if the developer wishes to pursue their project, they will have to wait a minimum of six months, after which they can start over with an entirely new application to the Coastal Commission.  Whether that would require a new City approval is unclear.

Meanwhile, a legal challenge to the City’s original approval, brought by the Banning Ranch Conservancy, remains to be decided by the California Supreme Court (Case S227473, details here).  The conservancy contends the City violated its General Plan in 2012 by granting an approval without first working with state agencies (including the Coastal Commission) to delineate which portions of the property were developable and which were not.

We understand the Sierra Club Banning Ranch Park & Preserve Task Force and Banning Ranch Conservancy – two groups which have for years led the charge on environmental issues related to Banning Ranch development proposals – will be meeting on September 21 and 28, respectively, to review the September 7th Coastal Commission action and consider their next steps (details here).  SPON supports their efforts.

Press reports:

Is Banning Ranch developer’s environmental marketing the real deal? (OC Register, September 17, 2016)

How ordinary folks waged battle against money and power (Steve Lopez, LA Times, September 10, 2016)

Despite vote, Banning Ranch development could still be built (KPPC, September 9, 2016)

Is the Banning Ranch proposal really dead? A look at where the OC coastal project goes from here (LA Times, September 8, 2016)

After rejection of development plan, Banning Ranch owner weighs next move (LA Times, September 8, 2016)

A good day for the Coastal Commission, and conservation, in Newport Beach (Steve Lopez, LA Times, September 10, 2016)

After development rejected at Banning Ranch, activists see a possibility to preserve (OC Register, September 7, 2016)

Banning Ranch project denied by Coastal Commission, ending 20-year battle — for now (OC Register, September 7, 2016)

Coastal Commission Denies Banning Ranch (Newport Beach Independent, September 8, 2016)

More from Google…

Background

Banning Ranch is the last and the largest parcel of privately owned coastal open space remaining in Orange County. It is located at the mouth of the Santa Ana River, nestled between Newport Beach, Huntington Beach and Costa Mesa. It consists of more than 400 acres of coastal wetlands and adjacent coastal mesa. Having served for oil production for the last 70 years, Banning Ranch has escaped the dense residential development characteristic of the surrounding cities. Over time it has evolved into a private wildlife preserve.

In 2006, the voters of Newport Beach approved a General Plan that made preservation of the entire property as open space the highest priority for Banning Ranch. Yet in July of 2012, Newport Beach City Council approved a Project of development resorting to a “Statement of Overriding Considerations” to rationalize away the “significant and unavoidable” impacts cited throughout the EIR.

In October 2015, the Coastal Commission staff identified the correct acreage of 11.5 acres available for development and recommended denial of the Coastal Development Permit for Banning Ranch. But rather than deny the project the Coastal Commission instructed the developer to work with Coastal staff to work together to come up with a reduced project.

The applicant, Newport Banning Ranch LLC is a partnership between AERA Energy, LLC, a wholly owned subsidiary of Exxon-Mobil and Shell, and Cherokee Investment Partners, a $2.2 Billion developer from the East Coast. A revised application that has been submitted to the Coastal Commission (hearing May 12) consists of 895 residential units, commercial space and a hotel to be built on the mesa portion of the property in areas where oil wells will be decommissioned. Separately, their oil and gas proxy, Horizontal Development has a filed for a separate Coastal Development Permit for a new Oil Production facility, up to 100 new oil and gas wells and truck bearing maintenance road along the scenic and environmentally sensitive Semeniuk Slough.

The partial list of impacts:

  • Destruction and permanent loss of natural habitats and open space: The property has 200 acres of degraded wetlands with no development potential and 200 acres of coastal mesas and bluffs. This site has more than 225 acres of Environmentally Sensitive Habitat Areas (ESHA). It is a nesting and wintering ground to endangered and threatened species (listed at http://savenewportbanningranch.org under Biology).
  • Destruction and permanent loss of sacred cultural sites: California’s Native American Heritage Commission listed Banning Ranch as a sacred site
  • Unknown and unsafe impacts to our environment: The developer plans to excavate and stockpile 2.8 million cubic yards of soil over 10 years to prepare the land for development, destroying the environment and exposing the public to unknown levels of contaminants.
  • Air pollution: Air pollution from construction and traffic will exceed state standards. Greenhouse gas emissions will contribute considerably to the Greenhouse Gas Inventory, accelerating global climate change and rising sea levels.
  • Noise Pollution: Construction and traffic noise will double allowable noise thresholds.
  • Traffic: 15,000+ more car trips on our roads, daily! Expect double and triple commutes, gridlocked intersections.

We urge you to reiterate that this development permit should be denied at the Coastal Commission Hearing at the Newport Beach City Hall May 12, 2016!  The goal for Banning Ranch should be the preservation, acquisition, conservation, restoration and maintenance of the site as a permanent public open space, park and coastal nature preserve.

Banning Ranch Conservancy Information:
Website
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Questions for SPON:
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Past Update History

Update August 23, 2016: Coastal Commission Hearing & Vote Scheduled for September 7 here in Newport Beach
The Coastal Commission will meet and vote on the Banning Ranch project at its Newport Beach meeting on September 7. The Coastal Commission, the City of Newport Beach and the developer have all agreed on the timing and the location. The Banning Ranch hearing will be heard as Item 14d (Agenda here).  Hearing procedure available here.  For more information, visit the Banning Ranch Conservancy website.

Here are a few immediate and important action items for you to consider:

  • Like and share the newly released Banning Ranch video
  • Read the last Coastal Commission Staff Report from May 2016 when the item was postponed
  • Submit comments to the California Coastal Commission staff using this special email address:  BanningRanchComments@coastal.ca.gov
  • Email, text or call in questions or offers to volunteer to the Banning Ranch Conservancy: Email Address: Info@BanningRanchConservancy.org  or Text/Call 714-719-2148
  • Spread the Word using your personal networks

Newport Banning Ranch Project Documents as of July 2016
All the following documents are available for viewing and/or downloading here.

  • Final Project Transmittal and all attachments
    • Project Description
    • Site Plan
    • Coastal Commission Staff Recommendation
    • Site Conditions
    • Coastal Commission Staff Land Use Recommendations
    • Features

Developer Seeks More Space to Build . . .
Daily Pilot Article: June 29, 2016

Newport Beach Fire Department Analysis for Coastal Commission
“Fire and the resulting products of combustion are a continual threat to the community . . . ” The complete analysis can be read here.

Acreage Comparison Report
Provided to Coastal Commission by Newport Banning Ranch

The full report can be read here.


Update April 28, 2016:  Coastal Commission Hearing on May 12, 2016
The Coastal Commission hearing will be held on May 12, 9:00 am, at the Newport Beach Civic Center, 100 Civic Center Drive, Newport Beach.   This hearing could very well decide the fate of the Banning Ranch. A standing-room-only turnout is needed!  The Coastal Commission Staff Report for the proposed project at Banning Ranch can be downloaded here.

Here are a few immediate and important action items for you to consider:


Update August 1, 2015: Coastal Commission Meeting October 7/8, 2015:
The Banning Ranch Conservancy and the Quality of Life Coalition are urging everyone to attend the California Coastal Commission hearing on the Banning Ranch October 7/8 at the Long Beach City Council Chambers. This Commission could decide the fate of the Banning Ranch. This is it . . . a large turnout is needed! Let this Commission know that the community opposes the Banning Ranch development.

Sign up now for a seat on the bus.   Transportation will be provided.

Sign the online letter to the Coastal Commission.  Better yet, personalize the message to your liking. It only takes 30 seconds!

Don’t trust the Trust! The Newport Banning Land Trust was created and is supported by the developers of the Banning Ranch. Watch this short video to learn more.


Update March 18, 2015:  Presentation to the Newport Beach Women’s Democratic Club by Banning Ranch Conservancy and SPON:   The Banning Ranch:  Fact vs. Fiction was presented in partnership by Banning Ranch Conservancy and SPON at the March monthly meeting of the Women’s Democratic Club.  A copy of the presentation is here.


Update March 17, 2015:  Caring People, United in a Worthy Cause, Can Make Things Happen! By Suzanne Forster:   On Thursday, March 12, at the California Coastal Commission Enforcement Hearing in Chula Vista, the Commission reached a Settlement Agreement (http://www.banningranchconservancy.org/index.html) with Newport Banning Ranch LLC (NBR), the developer, regarding violations of the Coastal Act charged by the Commission against the developer.  Without admitting guilt, NBR agreed to stop committing the alleged violations and perform actions (restoration, mitigation and dedication of permanent open space) to correct them. The heart of the victory was that the annual mowing of 40 to 50 acres of critical habitat has been stopped allowing coastal sage scrub to return to these areas.

Over 60+ people rode the bus to Chula Vista and many other supporters drove down to carry tables, banners and supplies. This large turn-out sent a powerful message to both the Commissioners and the developer demonstrating that citizens can and do make a difference.

We will never be able to outspend the developer, but with help from supporters, existing and new, we can show that citizens working together will make a difference.  Here’s how —


Original Post February 2015: Petition to Halt Habitat Destruction at Banning Ranch by Suzanne Forster:  The California Coastal Commission Enforcement Staff has cited the owners of Banning Ranch—Newport Banning Ranch LLC and West Newport Oil Company, the oil field operator—with two major violations of the Coastal Act.  The violations are unpermitted habitat destruction and unpermitted oil field operations. The Banning Ranch Conservancy has initiated a petition asking the California Coastal Commission to permanently halt this habitat destruction and to ensure permanent restoration and protection of the degraded habitat on Banning Ranch.  The petition will be presented to the commissioners at the March Enforcement Hearing (details below).  A large number of signatures will tell the commissioners that the public is serious about protecting our finite coastal resources.

Please sign the petition here.

The Enforcement Hearing is expected to be scheduled during the regular monthly Coastal Commission hearing on March 11-13 at the Chula Vista Council Chambers in Chula Vista (meeting information here); South Coast District (future agenda items here).  The exact date of the hearing will also be posted to the Banning Ranch Conservancy website when it’s available.

Newport Banning Ranch LLC and West Newport Oil Company (the oil field operator) were recently cited for two major violations of the Coastal Act. The violations are for unpermitted habitat destruction and unpermitted oil field operations.  The CCC staff’s enforcement action against the Banning Ranch owners could result in a consent order or a unilateral hearing.

A consent order is an agreement between staff and the owners regarding the appropriate restoration and mitigation orders for the violations. Fines can also be levied. If no agreement is reached prior to the hearing, a unilateral hearing will be held, during which the Coastal Enforcement staff will present their case against the owners and the owners’ attorneys or representatives will respond. Interested parties, such as the Banning Ranch Conservancy and other environmental organizations can also make presentations that include expert witnesses. The Coastal Commissioners will hear all the testimony and make their decision.

Banning Ranch Conservancy Information:
Website
Petition

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Save Newport Banning Ranch Information:
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Questions for SPON:
Contact Us  

 

Back Bay Landing Project

Back Bay Landing & Balboa Marina Projects: Update by Seychelle Cannes August 2015:  The Back Bay Landing Project is proposed as a mixed-use waterfront development on seven acres at 300 East Coast Highway (PCH and Bayside Drive).  This site now functions as a parking lot and recreational vehicle storage area.  The Newport Beach City Council approved the project entitlement on February 11, 2014 for over 82,742 square feet of office, restaurant and dry-stack boat storage.  The approved footage for the project does NOT include the propose 49 individual residential units, a three-story parking lot (partially under-ground) nor a 65 foot viewing tower.  These additions are being requested by the developer through an amended Conditional Land Use Plan (CLUP).  This parcel is currently zoned for marine use only.  The architect for the Back Bay Landing project is the same architect that designed the Mariner’s Pointe retail and restaurant development located on West Coast Highway at Dover Drive.

For more information

The Balboa Marina is slated for a development project as well.

BalboaMarinaOnly one block away from the proposed Back Bay Landing Project, just west of Bayside Drive, is the expanded development proposed by the Irvine Company at the West Balboa Marina.  Located at 201 West Coast Highway, this project will expand the existing Balboa Marina by constructing a 19,400 square foot marine commercial building for a yacht brokerage office, public restrooms and a restaurant.  It is essentially at the site of the former Ruben E. Lee.

For more information: The Log – Boating & Fishing News

With higher density plans for Mariner’s Mile, traffic grid-lock is still in our future, despite the overwhelmingly opposition and defeat of Ballot Measure Y in November 2014.

* * * * * *

Article by Seychelle Cannes (2/2015): A mix-use waterfront development project on 7 acres at 300 East Coast Highway (PCH and Bayside Dr.) which changes the current parking lot and recreational vehicle storage area to more than 82,742 square feet of office, restaurant and dry-stack boat storage.

With higher density plans for Mariner’s Mile, traffic grid-lock is still in our future, despite the overwhelmingly opposition and defeat of the 2014 Ballot Measure Y.

Newport Beach City Council approved the project entitlement on February 11, 2014 for over 82,742 square feet of office, restaurant and dry-stack boat storage.  The total approved square feet of 82,742 for the project does not include the propose 49 single residential units, 3 story parking lot (partly under-ground) nor a 65 foot viewing tower that the developer is requesting through  an amended Conditional Land Use Plan (CLUP).  Presently the parcel is zoned for marine use only.  The architect for the Back Bay Landing project is the same architect that designed the Mariner’s Pointe retail and restaurant development located on West Coast Highway at Dover Drive. For more information, read this article about the December 2014 Coastal Commission Meeting, as well as the project write up on the Newport Beach City website.

Another development, adjacent to this project, is the expanded development proposed by The Irvine Company at the West Balboa Marina, located at 201 East Coast Highway (West Coast Highway and Bayside Dr.).   The project will expand on the existing Balboa Marina and construct a 19,400 square foot marine commercial building for a yacht brokerage office, public restrooms and a restaurant.   For more information on the Balboa Marina project, read the article here.

Questions for SPON:
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Local Coastal Plan

 

Local Coastal Plan: Article by City of Newport Beach (2/2015): A proposal to govern land use, public access, and resource protection policies and regulations for all development within the coastal zone of Newport Beach.

The City of Newport Beach (City) is in the process of creating its first Local Coastal Program (LCP), a planning document that sets land use, public access, and resource protection policies and regulations for all development within the community’s coastal zone. A draft of the associated implementation plan is now available for public review here.

The Coastal Development Act of 1976 requires all California cities with land area within the coastal zone to have an LCP certified by the California Coastal Commission. The Act also requires a Coastal Development Permit (CDP) for most development within the coastal zone. Currently, residents and business owners with projects within Newport Beach that require a CDP must apply to the Coastal Commission for permit approval. After certification, the majority of CDP applications can be reviewed and approved by the City rather than the Coastal Commission. For a property owner, this change will provide greater accessibility to staff assistance, faster permit processing, and lower permit costs.

LCP certification is a multi-step process with numerous opportunities for community participation. The City is hosting a series of community workshops to explain what a certified LCP would mean to those who own property, operate a business, or reside within the Newport Beach coastal zone and to receive community input on the draft implementation plan. In addition to the four community workshops planned, the draft plan will be reviewed by the Newport Beach Harbor Commission, Planning Commission and City Council during public meetings. It will also be reviewed and eventually certified by the Coastal Commission during a public meeting. Public comment on the draft plan will be welcomed at each meeting.

City Contact:
Patrick Alford, Planning Program Manager
By Email
(949) 644-3235

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