HomeMy WebLinkAbout2014-08-27_GP-LCPIC_Minutes_ApprovedCity 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 Commission Vice Chair; 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
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).
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.
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.