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HomeMy WebLinkAbout2015-01-07 GPLCP_Agenda PacketCITY OF NEWPORT BEACH ° GENERAL PLAN/LCP IMPLEMENTATION COMMITTEE ,P AGENDA ��� FO RN Newport Coast Meeting Room (Bay 2E, Room 2017) Wednesday, January 7, 2015 - 4:30 PM Committee Members: Edward Selich, Mayor (Chair) Tony Petros, 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 December 3, 2014 Meeting Minutes Recommended Action: Approve December 3, 2014 minutes (attached) IV. CURRENT BUSINESS a. Draft Implementation Plan Maps Summary: Presentation and discussion on the draft Coastal Development Permit and Appeal Jurisdiction Maps (attached). Recommended Action: Review draft maps and provide direction to staff as needed. b. Community Outreach Program Summary: Discussion of the proposed community outreach program for the Draft Implementation Program (attached). Recommended Action: Review proposed Draft IP Community Outreach Program and provide direction to staff, as needed. 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 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 December 3, 2014 Meeting Minutes RECOMMENDED Recommended Action: Approve December 3, 2014 minutes (attached) ACTION: ATTACHMENTS: Description Draft 12/03/2014 Minutes City of Newport Beach General Plan/LCP Implementation Committee Minutes Date: Location: Members Present: Members Absent: Staff: Public: December 3, 2014 Newport Beach Civic Center — 100 Civic Center Drive Crystal Cove Meeting Room (Bay D, Second Level, Room 2115) Edward Selich, Mayor Pro Tem (Chair); Nancy Gardner, Council Member; Tony Petros, Council Member; Jay Myers, Planning Commission Secretary; Kory Kramer, Planning Commission Vice Chair; and Bradley Hillgren, Planning Commissioner Michael Toerge, Member -At -Large Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; and Patrick Alford, Planning Program Manager More Song, James Mosher, and Thomas Matthews 1) CALL MEETING TO ORDER The meeting was called to order at 12:30 pm. 2) ROLL CALL Member -At -Large Michael Toerge was absent. 3) APPROVAL OF MINUTES The minutes of the August 27, 2014 meeting were approved as amended by a vote of 6-0. 4) CURRENT BUSINESS A. Coastal Commission Update Mr. Alford informed the Committee that the City was awarded a grant in the amount of $62,000 for the community outreach/public hearing phase of the Local Coastal Program (LCP) certification. Director Brandt informed the Committee that she is attempting to meet with Coastal Commission Deputy Director Sherilyn Sarb to discuss how to address sea level rise in the LCP Implementation Plan (IP). She added that the meeting will likely not occur until after the holidays. Deputy Director Wisneski informed the Committee that she will be attending a Coastal Commission workshop on lower cost visitor serving accommodations on December 10. She added that there may be a follow-up workshop in the Spring. Id General Plan/LCP Implementation Committee December 03, 2014, Minutes Page 2 Assistant City Attorney Mulvihill informed the Committee that she participated in a conference call between the Local Government Working Group and the Coastal Commission staff that covered the workshop and the sea level rise guidelines. A brief discussion ensued on how sea level rise is currently addressed in the Draft IP. B. Draft Implementation Plan Mr. Alford gave an introduction to the draft IP. He noted that it is complete, with the exception of Part 8 (Maps) and Appendix C (Eelgrass Mitigation Program). Council Member Gardner presented her comments and suggested edits to the Draft IP: • Section 21.16.040 — incorrect reference to Section 21.50.050; should it be Section 21.52.035? • Section 21.28.050 — confirm that this section uses the current canyon stringline method • Section 21.30.030.C.4. — reword to clarify intent • Section 21.30A.050.A.8.c — reduce the minimum access for vertical access from 10 feet to 6 feet • Section 21.30B.G.2 — add habitat protection to dredging that is to be encouraged • Section 21.30C.050.H.2 — limit floating dry dock provision to non-residential • Section 21.30C.070.C.1 — too restrictive? Check against policies • Section 21.38.070.C.1.b — incorrect reference to subsection D. Is subsection D missing? • Section 21.40.030.D — check to see if it correctly reflects the Zoning Code • Section 21.52.015.E — confirm that notices include mailing and posting Council Member Petros asked staff to make sure that the IP is consistent with the work of the Balboa Village Advisory Committee (i.e., wayfinding, development standards, parking, etc.). Chair Selich asked if the Zoning Code definitions could be used, so future amendments would not have to go to the Coastal Commission. Following a question from Chair Selich about referencing the Zoning Code definitions, a discussion ensued about referencing a document that the Coastal Commission has not approved and the potential for the divergence between the Zoning Code and the IP. Following a question from Council Member Petros about segmenting the canyon areas out of the IP, a discussion ensued about the Permit and Appeal Jurisdiction Map and coastal zone boundary adjustments. General Plan/LCP Implementation Committee December 03, 2014, Minutes Page 3 Chair Selich commented on the need for extensive community outreach to canyon and bluff property owners. He then invited members of the public to comment on the Draft IP. Mr. Mosher commented on the availability of the Draft IP; the potential for divergence between the Zoning Code and the IP; and the location of appeal and permit jurisdiction boundaries. Mr. Alford responded to Mr. Mosher's comments. Chair Selich commented on the uncertainty regarding how the IP will be received by the public and the Coastal Commission. A discussion ensued about the relative simplicity of LCPs that were certified soon after the passage of the Coastal Act. Mr. Alford distributed a revised public outreach and hearing schedule, which was requested by Chair Selich. Chair Selich commented that the proposed schedule in the agenda took too long and that he wanted to get the Draft IP before the public and adopted as soon as possible. A discussion ensued about the organization of the community outreach workshops and how they will be noticed. The discussion then turned to methods of promoting the IP and community workshops. Chair Selich supported the revised schedule, but noted that once the IP is submitted to the Coastal Commission, the timing will be out of the City's control. A discussion ensued about the process for submittal and review by Coastal Commission staff. The discussion then turned back to the community outreach process. Chair Selich invited public comments on the schedule. Mr. Mosher asked if there will be general community workshop and if the workshops will be open to the public or by invitation only. He also asked if the Committee will continue to meet during the community outreach process. Council Member Gardner and Chair Selich replied to Mr. Mosher's questions. A discussion ensued about the next meeting. It was agreed that at the next meeting would be in early January in the late afternoon and that the Committee would review the maps and a community outreach program. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) 4 6) PUBLIC COMMENTS None. R General Plan/LCP Implementation Committee December 03, 2014, Minutes Page 4 7) NEXT MEETING Wednesday, January 7, 2015, at 4:30 p.m. 8) ADJOURNMENT The meeting adjourned at approximately 1:40 p.m. Edward Selich, Chair The agenda for the General Plan/LCP Implementation Committee meeting was posted on November 25, 2014, at 3:05 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 November 25, 2014, at 3:06 p.m. ITEM TITLE: ITEM SUMMARY RECOMMENDED ACTION: ATTACHMENTS: NEWPORT BEACH Draft Implementation Plan Maps Summary: Presentation and discussion on the draft Coastal Development Permit and Appeal Jurisdiction Maps (attached). Recommended Action: Review draft maps and provide direction to staff as needed. Description Coastal Permit and Appeal Jurisdiction Maps _=r- 0 "�✓ -- == mm= 1 OF 1i- NEWPORT BEACH ITEM TITLE: Community Outreach Program ITEM SUMMARY: Summary: Discussion of the proposed community outreach program for the Draft Implementation Program (attached). RECOMMENDED Recommended Action: Review proposed Draft IP Community Outreach ACTION: Program and provide direction to staff, as needed. ATTACHMENTS: Description LCP Community Outreach Program 12 LCP Community Outreach Program Digital Print Community Meetings City Web Page www.newportbeachca.gov/lcp GIS Map Shows coastal zone, layers, accessed via web page NBTV Video Brief videos to explain LCP & Process, also accessed via web page Social Media Facebook & Twitter posts to announce mtgs Connect Newport Beach Using MindMixer, hold virtual mtg, respond to questions as needed Brochure Includes map of coastal zone, explains LCP process Direct Mail Piece Mail brochure to coastal zone property owners News Release Announce workshop dates Postcard Mailing Follow-up to mailing. Announces PC & Council dates City Mgr Newsletter Mailed citywide. Include brief explanation of LCP Certification Workshops (4) Commercial, residential: Bluffs & Canyons, CdM, W. Newport, Islands HOA Board Meetings Extend offer to attend board mtg or other, explain LCP certification Business Organizations Extend offer to attend board mtg or other, explain LCP certification 13 1/5/15 Pending 1/9/15 Pending 1/30/15 Not Started As needed Not Started As needed Not Started 1/7/15 Pending 1/14/15 Not Started 1/19/15 Not Started 2/15/15 Not Started 2/15/15 Not Started 2/28/15 Not Started 2/28/15 Not Started 2/28/15 Not Started Additional Materials Received January 7, 2015, GP/LCP Agenda Item Comments The following comments on items on the Newport Beach General Plan/LCP Implementation Committee agenda are submitted by: Jim Mosher (jimmosher(a�yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item III. Approval of December 3, 2014 Meeting Minutes The passages in italics are from the draft, with suggested changes shown in strikeout underline format. 1. Page 1, header: "Public: More Song, James Mosher, and Thomas Matthews Mathews" [note: Mathews spelled with a single 'T' is how it appears on CAA Planning website] 2. Page 2, bullet 5: "Section 21.308.060.G.2 — add habitat protection to dredging that is to be encouraged" Item W a. Draft Implementation Plan Maps 1. In line 8 of the upper white text box on each map, should "and partly on the reminder of the parcel' be "and partly on the remainder of the parcel'? 2. In the same box, what is the significance in numbered item 1 of the reference to "development approved by a county'? Does Orange County have a separate LCP with designated uses for land they own within the boundaries of Newport Beach? Or does this refer to County projects that do not conform to the zoning identified in the City's LCP? 3. In line 6 of the lower white text box on all maps, should "pursuent to P.C.R." be "pursuant to P.R. C."? In line 10, should "Exective Director" be "Executive Director"? 4. The definition of "Permit Jurisdiction" in the gray legend box on all three maps would seem clearer and more accurate if it simply quoted Public Resources Code Subsection 30519(b): the Coastal Commission retains post -certification permit jurisdiction over "any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands." believe the mean high tide line is used in the definition of the appeal area but is not necessarily part of how the CCC's original jurisdiction area is defined. 5. With regard to the Coastal Commission's "Permit Jurisdiction" area, whatever definition is correct the only areas shaded on the maps appear to be areas below the mean high tide line. Are there not any public trust lands within the City's Coastal Zone? How about Beacon Bay and the Balboa Bay Club? Or Big Corona State Beach? Wasn't there negotiation about part of Marina Park being public trust land. And weren't the Balboa Pier Parking Lot revenues said to be generated in a public trust area? If so, why are these public trust areas not shaded as part of the appeal area? 6. On Map 1 of 3, the name "NEWPORT SHORES" seems awkwardly placed to me. To the uninitiated it would appear to be the designation for a portion of "NEWPORT BANNING RANCH." Additional Materials Received January 7, 2015, GP/LCP Agenda Item Comments The following comments on items on the Newport Beach General Plan/LCP Implementation Committee agenda are submitted by: Jim Mosher (jimmosher(a�yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item III. Approval of December 3, 2014 Meeting Minutes The passages in italics are from the draft, with suggested changes shown in strikeout underline format. 1. Page 1, header: "Public: More Song, James Mosher, and Thomas Matthews Mathews" [note: Mathews spelled with a single 'T' is how it appears on CAA Planning website] 2. Page 2, bullet 5: "Section 21.308.060.G.2 — add habitat protection to dredging that is to be encouraged" Item W a. Draft Implementation Plan Maps 1. In line 8 of the upper white text box on each map, should "and partly on the reminder of the parcel' be "and partly on the remainder of the parcel'? 2. In the same box, what is the significance in numbered item 1 of the reference to "development approved by a county'? Does Orange County have a separate LCP with designated uses for land they own within the boundaries of Newport Beach? Or does this refer to County projects that do not conform to the zoning identified in the City's LCP? 3. In line 6 of the lower white text box on all maps, should "pursuent to P.C.R." be "pursuant to P.R. C."? In line 10, should "Exective Director" be "Executive Director"? 4. The definition of "Permit Jurisdiction" in the gray legend box on all three maps would seem clearer and more accurate if it simply quoted Public Resources Code Subsection 30519(b): the Coastal Commission retains post -certification permit jurisdiction over "any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands." believe the mean high tide line is used in the definition of the appeal area but is not necessarily part of how the CCC's original jurisdiction area is defined. 5. With regard to the Coastal Commission's "Permit Jurisdiction" area, whatever definition is correct the only areas shaded on the maps appear to be areas below the mean high tide line. Are there not any public trust lands within the City's Coastal Zone? How about Beacon Bay and the Balboa Bay Club? Or Big Corona State Beach? Wasn't there negotiation about part of Marina Park being public trust land. And weren't the Balboa Pier Parking Lot revenues said to be generated in a public trust area? If so, why are these public trust areas not shaded as part of the appeal area? 6. On Map 1 of 3, the name "NEWPORT SHORES" seems awkwardly placed to me. To the uninitiated it would appear to be the designation for a portion of "NEWPORT BANNING RANCH." Additional Materials Received January 7, 2015, GP/LCP agenda item comments - Jim Mosher Page 2 of 2 7. In Map 3 of 3, along Irvine Avenue from Santa Isabel to Mesa, is the Coastal Zone boundary shown correctly as coinciding with the City Boundary? Shouldn't some of Costa Mesa adjacent to the Nature Reserve be in the Coastal Zone, similar to the case on the City of Irvine side? 8. In Map 3 of 3, on the west side of Upper Newport Bay, where is the assumed seaward bluff face along Irvine Avenue north of Santiago? 9. Also in Map 3 of 3, on the west side of Upper Newport Bay, isn't there a major stream feeding into the Bay at 23rd Street? Isn't Cherry Lake (north of 23rd Street and inland of Heather Lane) part of this, and shouldn't it be indicated as a watercourse/wetland with an appeal area around it? Item IV.b. Community Outreach Program 1. Under "Connect Newport Beach," the MindMixer software seems to have been used to seek input on the Westside Community Center and the CdM Library rebuild. Was it effective? Are there better platforms or better ways to use MindMixer? 2. Under "Community Meetings," the plan calls for four Workshops but five interest groups are mentioned (one commercial plus four residential). How will the interest groups be divided among the workshops? Additional Materials Received January 7, 2015, GP/LCP agenda item comments - Jim Mosher Page 2 of 2 7. In Map 3 of 3, along Irvine Avenue from Santa Isabel to Mesa, is the Coastal Zone boundary shown correctly as coinciding with the City Boundary? Shouldn't some of Costa Mesa adjacent to the Nature Reserve be in the Coastal Zone, similar to the case on the City of Irvine side? 8. In Map 3 of 3, on the west side of Upper Newport Bay, where is the assumed seaward bluff face along Irvine Avenue north of Santiago? 9. Also in Map 3 of 3, on the west side of Upper Newport Bay, isn't there a major stream feeding into the Bay at 23rd Street? Isn't Cherry Lake (north of 23rd Street and inland of Heather Lane) part of this, and shouldn't it be indicated as a watercourse/wetland with an appeal area around it? Item IV.b. Community Outreach Program 1. Under "Connect Newport Beach," the MindMixer software seems to have been used to seek input on the Westside Community Center and the CdM Library rebuild. Was it effective? Are there better platforms or better ways to use MindMixer? 2. Under "Community Meetings," the plan calls for four Workshops but five interest groups are mentioned (one commercial plus four residential). How will the interest groups be divided among the workshops? qS,T rOO °eP Additional Materials Received - Staff Presentation GP/LCP Implementation Meeting 01-07-2015 Th / � w a a OR U ° Newport Aquatic Center s 15TH ST W , y'y �9T t / FORD ,JQ HOSPITAL a h Newport Dunes e / HIGMWAy iiO v /� //ii�//�/i// Balboa Bay Resort DR Z F m i Harbor Island (Boat Basin Parking Lot) Beacon Bay / �j '�i os, cog T o � ,. S a P /s, Coast Guard oPPcility Marina Park /G/ PP PARK AVE Bq�eo jjj/ Big Corona State Beach 4 j PeO P . G ° O OO-gH PCO e`O Post LCP Certification Permit and Appeal Jurisd ction Cwtty of o,arve (� Cny of Newport aeacn C� Permit an dtcahlornia Coastal Commiss,on _N. 100' IrOm uftlarvJ i t / / \ F rst Pt bk Rd. , Additional Materials Received - Staff Presentation GP/LCP Implementation Meeting 01-07-2015 id Appeal Jurisdiction � Mappings Methodology r IN auewc as f(q' fran straam �•.i fid � /T C- %F..'A?CRT PEACH f,� fa / n _� i �� Q REGULATORY AND JURISDICTIONAL BOUNDARIES Cky of Redwido Basch Hermosa Beach ' Sea H" Shdi— Additional Materials Received - Staff Presentation GP/LCP Implementation Meeting 01-07-2015 nL. TN Ce��bme Coasbi Comnu.a1an� • ,. Exhibit 3 MA -2013-001 Map each Distance Parameter Separately First Public Road Paralleling the Sea 300 feet from Mean High Tide line 300 feet from inland extent of Beach Lands within 300 feet of the top of the seaward face of Coastal Bluff. Lands within 100 feet of Streams and Wetlands Combine layers Dissolve Layers to Form Appeal Areas