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Home My WebLink About2014-12-03 GPLCP_Agenda PacketCITY OF NEWPORT BEACH m GENERAL PLAN/LCP IMPLEMENTATION COMMITTEE ��/FORN�P AGENDA 100 Civic Center Drive - Crystal Cove Meeting Room (Bay D, Second Level) Wednesday, December 3, 2014 - 12:30 PM Committee Members: Edward Selich, Mayor Pro Tem (Chair) Tony Petros, Council Member Nancy Gardner, Council Member Bradley Hillgren, Planning Commissioner Kory Kramer, Planning Commission Vice Chair Jay Myers, Planning Commission Secretary Michael Toerge, At -Large Member Staff Members: Kimberly Brandt, Community Development Director Brenda Wisneski, Deputy Community Development Director Patrick Alford, Planning Manager Leonie Mulvihill, Assistant City Attorney Daniel Campagnolo, Systems and Administration Manager CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES Approval of August 27, 2014 Minutes Recommended Action: Approve August 27, 2014 Minutes (attached) IV. CURRENT BUSINESS a. Coastal Commission Update Summary: An update on recent discussions with Coastal Commission staff. Recommended Action: Receive information; provide direction to staff b. Draft Implementation Plan Summary: Discussion on the draft Implementation Plan and proposed schedule (attached). The draft Implementation Plan is available online at http://www.newportbeachca.gov/PLN/GPLCPICDraftIP/ Recommended Action: Review proposed schedule and provide direction to staff. V. COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -DISCUSSION ITEM) VI. PUBLIC COMMENT VII. NEXT MEETING VIII. ADJOURNMENT 1 THIS COMMITTEE IS SUBJECT TO THE RALPH M. BROWN ACT. AMONG OTHER THINGS, THE BROWN ACT REQUIRES THAT THE COMMITTEE'S AGENDA BE POSTED AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE OF EACH REGULAR MEETING AND THAT THE PUBLIC BE ALLOWED TO COMMENT ON AGENDA ITEMS BEFORE THE COMMITTEE AND ITEMS NOT ON THE AGENDA BUT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMITTEE. THE COMMITTEE MAY LIMIT PUBLIC COMMENTS TO A REASONABLE AMOUNT OF TIME, GENERALLY THREE (3) MINUTES PER PERSON. IT IS THE INTENTION OF THE CITY OF NEWPORT BEACH TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA) IN ALL RESPECTS. IF, AS AN ATTENDEE OR A PARTICIPANT AT THIS MEETING, YOU WILL NEED SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED, THE CITY OF NEWPORT BEACH WILL ATTEMPT TO ACCOMMODATE YOU IN EVERY REASONABLE MANNER. PLEASE CONTACT LEILANI BROWN, CITY CLERK, AT LEAST 72 HOURS PRIOR TO THE MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE (949)-644-3005 OR CITYCLERK@NEWPORTBEACHCA.GOV). 2 NEWPORT BEACH ITEM TITLE: Approval of August 27, 2014 Minutes ITEM SUMMARY: RECOMMENDED Recommended Action: Approve August 27, 2014 Minutes (attached) ACTION: ATTACHMENTS: Description Draft 08/27/14 Minutes City of Newport Beach General Plan/LCP Implementation Committee Minutes Date: August 27, 2014 Location: Newport Beach Civic Center — 100 Civic Center Drive Newport Coast Meeting Room (Bay E, Second Level, Room 2017) Members Edward Selich, Mayor Pro Tem (Chair); Nancy Gardner, Council Present: Member; Jay Myers, Planning Commission Secretary; Kory Kramer, Planning Commissioner; and Bradley Hillgren, Planning Commissioner Members Absent: Tony Petros, Council Member and Michael Toerge, Member -At - Large Staff: Kimberly Brandt, Community Development Director; Leonie Mulvihill, Assistant City Attorney; James Campbell, Principal Planner; and Patrick Alford, Planning Program Manager Public: Jim Mosher, Philip Bettencourt, Kathleen Crum, and Donald Schmitz 1) CALL MEETING TO ORDER The meeting was called to order at approximately 12:30 pm. 2) ROLL CALL Council Member Tony Petros and Member -At -Large Michael Toerge were absent. 3) APPROVAL OF MINUTES `Iq The minutes of the June 25, 2014 meeting were approved as amended by a vote of 4-0 with Commissioner Kramer abstaining. 4) CURRENT BUSINESS A. Implementation of CLUP Lower -Cost Visitor Accommodation Policies. Mr. Alford informed the Committee that many of these policies were modified or adopted in 2009 and were addressed by the previous committee or during the Zoning Code Update. A discussion ensued on the interpretation of Coastal Act policies, including: • Whether or not Section 30221 prioritizes recreational uses and the meaning of "oceanfront land suitable for recreational use". • The meaning of "upland areas" in Section 30223. • The meaning of "feasibly" in Section 30250 (c). ld General Plan/LCP Implementation Committee August 27, 2014, Minutes Page 2 Referring to the mitigation of lower-cost visitor accommodations, Council Member Gardner stated that if the City had identified a mitigation program early on, such as redeveloping Crystal Cove, it would be reassuring to a developer. Commissioner Hillgren suggested that mitigation would only apply to less than five properties in the coastal zone. Mr. Campbell agreed, but stated that there is no method of identifying lower-cost units; he noted that the Coastal Commission uses a state-wide average. Mr. Alford reminded the Committee that the City's CLUP policies provide that low, moderate, and high cost are relative to the City's coastal zone. Council Member Gardner suggested that it would be mutually beneficial if mitigation could be applied to properties in non -coastal communities, such as Costa Mesa and Santa Ana. A discussion ensued on how such a program could be implemented. In response to questions from Commissioner Myers, Commissioners Hillgren and Kramer provided their expertise on hotel rates. Mr. Alford reminded the Committee that staff was seeking direction on the basic approach to implementing these policies and that the details will have to be worked out later. Chair Selich stated that the "project by project" approach would offer the City flexibility and the ability to respond to changing market forces. A discussion ensued on how short-term rentals would be factored into the City's inventory of visitor accommodations. The consensus of the Committee was to limit any program to commercial properties. Chair Selich questioned how the definition of impact could be limited to the elimination of lower- cost visitor accommodations, when CLUP Policy 2.3.3-1 requires mitigation for projects providing high-cost units or time shares. Mr. Campbell and Ms. Brandt explained how this issue was address in the analysis of the Lido House project. Ms. Mulvihill further clarified that staff is suggesting the elimination would be recognized as an obvious impact, but that mitigation would only be required for high-cost and time share projects when impacts are established. A discussion ensued on the Coastal Commission's position on visitor accommodations projects that do not provide a low-cost component. Seeing no objections from the Committee, Chair Selich directed staff to use the project by project approach for the identification of lower-cost visitor accommodations, determination of impacts, and mitigation. General Plan/LCP Implementation Committee August 27, 2014, Minutes Page 3 A discussion ensued on requiring a study to determine the feasibility of rehabilitating visitor accommodations pursuant to CLUP Policy 2.3.1-13. Seeing no objections from the Committee, Chair Selich directed staff to use the feasibility study approach to implement CLUP Policy 2.3.1-13. A discussion ensued on time share developments. Chair Selich recommended against including the City's current time share regulations in the Implementation Plan. Mr. Mosher pointed out that Policy 2.3.3-13 was incorrectly identified as Policy 2.3.3-8. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) None. 6) PUBLIC COMMENTS Mr. Bettencourt announced that Coastal Commission Vice Chair Jana Zimmer will be a speaker at a Chamber of Commerce event in October. Mr. Mosher commented on the Land Use Element Amendment ballot arguments. 7) NEXT MEETING The October meeting was cancelled to allow time for staff to complete and conduct an internal review of the draft Implementation Plan. The next meeting will be on Wednesday, October 29, 2014, at 12:30 p.m. 8) ADJOURNMENT The meeting adjourned at approximately 1:45 p.m. Edward Selich, Chair The agenda for the General Plan/LCP Implementation Committee meeting was posted on August 22, 2014, at 2:36 p.m. in the Chambers binder and on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on August 22, 2014, at 2:05 p.m. X ITEM TITLE: SITE LOCATION: NEWPORT BEACH Draft Implementation Plan Site Location: ITEM SUMMARY: Summary: Discussion on the draft Implementation Plan and proposed schedule (attached). The draft Implementation Plan is available online at httD://www.newoortbeachca.aov/PLN/GPLCPICDraftIP/ RECOMMENDED Recommended Action: Review proposed schedule and provide direction to ACTION: staff. CEQA Compliance ATTACHMENTS: Description LCP IP Review Schedule Local Coast Program Draft Implementation Plan Proposed Review Schedule Januarv-February 2015 — Review by GP/LCPIC Committee 1. Meeting 1 — Resource Protection Chapters/Sections • Section 21.28.040 Bluff (B) Overlay District • Section 21.28.050 Canyon (C) Overlay District • Section 21.30.030 Natural Landform and Shoreline Protection • Section 21.30.075 Landscaping • Section 21.30.100 Scenic and Visual Quality Protection • Section 21.30.105 Cultural Resource Protection • Section 21.30.135 Water Quality Control • Chapter 21.30B Habitat Protection • Section 21.48.065 Environmentally Sensitive Habitat Areas • Section 21.48.075 Wetlands and Deepwater Areas 2. Meeting 2 — Public Access Chapters/Sections • Chapter 21.30A — Public Access and Recreation • Section 21.40.145 Preferential Parking Zones • Section 21.48.025 Visitor Accommodations • Section 21.48.055 Public Beaches • Appendix A Oceanfront Encroachment Policy • Appendix B Coastal Access Signing Program 3. Meeting 3 — Permit and Appeal Jurisdiction/Coastal Maps • Chapter 21.14 — Coastal Maps • Part 8 Maps 4. Meeting 4 — Administration Chapters • Chapter 21.10 — Purpose and Applicability of the Implementation Plan • Chapter 21.12 — Interpretation of Implementation Plan Provisions • Chapter 21.16 — Development and Land Use Approval Requirements • Chapter 21.50 — Permit Application Filing and Processing • Chapter 21.52 — Coastal Development Review Procedures • Chapter 21.54 — Permit Implementation, Time Limits, and Extensions • Chapter 21.62 — Public Hearings • Chapter 21.64 — Appeals • Chapter 21.66 — Amendments • Chapter 21.70 — Definitions n. February 2015 — Distribution Notice of Intent March -April 2015 — Community Workshops ril-Mav 2015 — Commission/Council Studv Sessions June -August 2015 — Final Implementation Plan September -October 2015 — Public Hearings November 2015 — Submittal to Coastal Commission June 2016 — Coastal Commission hearing(s) August 2016 — Adoption by City Council November 2016 — Certification Additional Materials Received at Meeting by Staff GP/LCP Implementation Committee - 12/03/2014 ID Task Mode 5e oil> 5 '` 5 4 3e ", 3 AP, 6S AP, S Sll, All, 3 3 3° Task Name Duration Distribute Notice of Intent 5 days Community Workshops 15 days Commercial Property 5 days Owners Residential Property 5 days Owners (including bluff areas) Canyon Property Owners 5 days Study Sessions 59 days PC Study Session 1 1 day Harbor Commission Study 1 day Session PC Study Session 11 1 day CC Study Session 1 1 day Finalize Public Hearing Draft 1 day Public Hearings 49 days PC Hearing 1 1 day PC Hearing 11 1 day CC Hearing 1 day Finalize IP 13 days Submittal to CCC 1 day Deemed Complete 30 days CCC Staff Review 45 days CCC Hearing 5 days Council 1 day Acceptance/Rejection Certification 5 days Start Finish Predecessors _ Mon 01/05/1-1 Fri 01/09/15 Mon 01/19/1! Fri 02/06/15 Mon Fri 01/23/15 01/19/15 Mon Fri 01/30/15 01/26/15 Mon Fri 02/06/15 02/02/15 Thu 01/22/15 Tue 04/14/15 Thu 01/22/15 Thu 01/22/15 Wed Wed 02/11/15 02/11/15 Thu 02/19/15 Thu 02/19/15 Tue 04/14/15 Tue 04/14/15 Wed Wed 04/15/15 04/15/15 Thu 03/05/15 Tue 05/12/15 Thu 03/05/15 Thu 03/05/15 Thu 03/19/15 Thu 03/19/15 Tue 05/12/15 Tue 05/12/15 Wed 05/27/1-1 Fri 06/12/15 Fri 06/12/15 Fri 06/12/15 Mon 06/15/1-1 Fri 07/24/15 Mon 07/27/1-1 Fri 09/25/15 Mon 10/12/1-1 Fri 10/16/15 Tue 11/10/15 Tue 11/10/15 Mon 01/11/1E Fri 01/15/16 November 01 January 01 1 March 01 1 May 01 July 01 10/26 11/23 12/2 01/18 02/15 03/15 04/12 05/10 06/07 07/05 1 C57 X X C� a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Project: 2014-16 LCP Certification Date: Mon 12/01/14 Task Split Milestone Summary F i Project Summary .............. External Tasks O External Milestone Inactive Task _ Inactive Milestone 1 Inactive Summary Manual Task Duration -only Manual Summary Rollup Deadline 3 ' ' Manual Summary Progress i T7lTfffC1 I l lJ Start -only Q 11 1! I I 1 1 1 1 1 1 Finish -only a Page 1 Additional Materials Received at Meeting by Staff GP/LCP Implementation Committee - 12/03/2014 September 01 1 November 01 1 January 01 1 March 01 1 Mav 01 1 July 01 1 September 01 1 November 01 1 Project: 2014-16 LCP Certification Date: Mon 12/01/14 Task Split Milestone Summary X F_ Project Summary .......... , , , . External Tasks O External Milestone Inactive Task Inactive Milestone Inactive Summary 0 Manual Task . _ .. _ .... _ .. _ Duration -only Page 2 C> Manual Summary Rollup Deadline ' Manual Summary Progress Start -only Q 11 1!! I 1 1 1 1 1 1 Finish -only a