HomeMy WebLinkAbout2015-02-26 GPLCP_Agenda Packetp��tiwP�� CITY OF NEWPORT BEACH
m GENERAL PLAN/LCP
IMPLEMENTATION COMMITTEE
,P AGENDA
Newport Coast Meeting Room (Bay 2E, Room 2017)
February Meeting
Thursday, February 26, 2015 - 4:30 PM
Committee Members:
Edward Selich, Mayor Pro Tem (Chair)
Diane Dixon, Council Member
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 Program Manager
Michael Torres, Assistant City Attorney
Daniel Campagnolo, Systems and Administration Manager
I. CALL MEETING TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
Approval of January 7, 2015 Meeting Minutes
Recommended Action: Approve January 7, 2015 minutes (attached)
IV. CURRENT BUSINESS
a. Coastal Commission Update
Summary: An update on recent discussions with Coastal Commission staff.
Recommended Action: Recommended Action: Receive information; provide direction to staff.
b. Update on Community Outreach Program
Summary: Discussion of the proposed community outreach program for the Draft Implementation
Program.
Recommended Action: Receive information; provide direction to staff.
C. Draft Implementation Plan Maps
Summary: Discussion on the draft Coastal Development Permit and Appeal Jurisdiction Maps (attached).
Recommended Action: Review draft maps and provide direction to staff as needed.
d. Draft Lower Cost Overnight Visitor Accommodation Program
Summary: A draft of a proposed program intended to encourage new and protect existing lower cost
accommodations.
Recommended Action: Review draft 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).
NEWPORT BEACH
ITEM TITLE: Approval of January 7, 2015 Meeting Minutes
RECOMMENDED Recommended Action: Approve January 7, 2015 minutes (attached)
ACTION:
ATTACHMENTS:
Description
01/07/15 Draft GP/LCPIC Meeting Minutes
S
City of Newport Beach
General Plan/LCP Implementation Committee Minutes
Date: January 7, 2015
Location: Newport Beach Civic Center — 100 Civic Center Drive
Newport Coast Meeting Room (Bay 2E, Room 2017)
Members Edward Selich, Mayor (Chair); Tony Petros, Council Member;
Present: Kory Kramer, Planning Commission Vice Chair; and Michael
Toerge, At -Large Member.
Members Absent: Bradley Hillgren, Planning Commissioner and Jay Myers,
Planning Commission Secretary
Staff: Kimberly Brandt, Community Development Director; Brenda
Wisneski, Deputy Community Development Director; Leonie
Mulvihill, Assistant City Attorney; Daniel Campagnolo, Systems
and Administration Manager; Michael Torres, Assistant City
Attorney; and Patrick Alford, Planning Program Manager
Public: Nancy Gardner, James Mosher, Phillip Bettencourt, Kathy Crum,
and Dorothy Kraus
1) CALL MEETING TO ORDER
The meeting was called to order at 4:31 pm.
2) ROLL CALL
Chair Selich invited those present to introduce themselves. Commissioners Hillgren and Myers
were absent.
3) APPROVAL OF MINUTES
The December 3, 2014, meeting minutes were approved with the revisions offered by Mr.
Mosher on a 3-0 vote, with Mr. Toerge abstaining.
4) CURRENT BUSINESS
A. Draft Implementation Plan Maps
Mr. Alford presented the draft Implementation Plan (IP) Coastal Development Permit and
Appeal Jurisdiction Maps:
• The only IP maps that are not a variation of current Zoning Code maps;
• The map was constructed, layer by layer, using Coastal Act appeal area parameters;
• Additional properties fall outside of the appeal area than the previous version
Mr. Campagnolo went through the methodology used to create the map and presented the
maps' layers depicting the first public road, 300 feet from the mean high tide line, 300 feet from
4
General Plan/LCP Implementation Committee
January 07, 2015, Minutes
Page 2
the inland extent of the beach, 300 feet from the seaward face of coastal bluffs, and 100 feet
from streams and wetlands.
Council Member Petros asked about the level of accuracy in comparison with the original
Coastal Commission maps. Mr. Campagnolo responded that staff used GIS 2 -foot contours, so
the boundary lines were extremely accurate, but that the lines would always be subject to
interpretation.
A discussion ensued about properties bisected by jurisdiction boundaries.
Mr. Toerge asked how the public would determine whether their property is in the coastal zone
or appeal area. Mr. Campagnolo and Mr. Alford explained how the maps would be integrated
into the GIS system and available online.
Commissioner Kramer asked if there were any properties that would be placed in the coastal
zone that are currently outside the coastal zone. Mr. Alford replied that, following the
Committee's direction, the only proposed coastal zone boundary adjustments are those that
would take properties out of the coastal zone.
Mr. Alford went over the public trust lands that the City will request to be placed under its
jurisdiction.
Commissioner Kramer suggested that the Council pursue adjusting the coastal zone boundary
to be co -terminus with the appeal area boundary. Chair Selich stated that this was not
considered because it would require an act of the Legislature, but that it could be pursued after
the Local Coastal Program is certified.
B. Community Outreach Program
Mr. Alford went over the proposed community outreach program, which begins with information
provided on the internet, social media and mailings in January, community workshops in
February, study sessions in March, and public hearings in April and June.
A discussion ensued about the informational brochure. It was decided that each Committee
member would review the brochure and submit comments to staff by January 14tH
Council Member Petros left at 4:54 p.m. and the meeting was adjourned due to the lack of a
quorum.
Edward Selich, Chair
The agenda for the General Plan/LCP Implementation Committee meeting was posted on December 19,
2014, at 1:45 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 December 19, 2014, at 1:42
p.m.
5
NEWPORT BEACH
ITEM TITLE: Update on Community Outreach Program
ITEM SUMMARY: Summary: Discussion of the proposed community outreach program for the
Draft Implementation Program.
RECOMMENDED Recommended Action: Receive information; provide direction to staff.
ACTION:
ATTACHMENTS:
Description
Correspondence Received
0
Comments on LCP Public Outreach Flyer
The following comments on the Public Outreach Flyer (DRAFT, Jan 7, 2015) distributed at the Newport
Beach General Plan/LCP Implementation Committee's January 7 meeting are submitted by:
Jim Mosher ( iimmosher(aD-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229)
1. The only typographic correction I have to offer is at the end of the first paragraph in the right-hand
column on the first page, where it refers to the "Bay Shores community." I thought this was
written Bayshores, as I have seen it on everything I am aware of, including their HOA's website.
2. 1 have lost track of what authorization the Committee has to launch the outreach program. I
would think a Study Session might be in order so the whole Council would be aware of and be
able to give direction on what the community is being asked to review and how such a large
program will be conducted.
3. Some specific comments on the draft flyer:
a. I don't think it makes clear that the City already has a certified Coastal Land Use Plan
which, to the best of my knowledge, the City does not seek to change in connection with
the present certification effort, yet which the Implementation Plan is constrained to
implement.
b. As noted at the Committee meeting, Banning Ranch should probably be described as
having been designated as an area of deferred certification. It might also be helpful to
indicate there is no plan to change or incorporate the Newport Coast LCP at this time.
c. Despite assurances from CCC staff, I think the promise that the 1977 Cat Ex will
continue unchanged may be a bit too definite.
d. In the paragraph at the head of the "Community Meeting Schedule," I would think it
should say "The public is welcome to attend..." rather than just "Property owners
welcome to attend..." The very essence of Coastal Act issues is they potentially effect
everyone, not just those who happen to own property.
7
Alford, Patrick
From: Dorothy Kraus <medjkraus@yahoo.com>
Sent: Sunday, January 11, 2015 10:24 AM
To: Brandt, Kim; Alford, Patrick
Subject: LCP Certification Flyer
Hi Kim and Patrick,
wasn't clear if the public could provide input on the flyer that was circulated at
last week's GP/LCP Implementation Committee meeting but I thought I'd pass
along my feedback:
General question.
- For clarification, does the CNB have a Local Coastal Program and the work
the Committee has done is related to getting certification of the LCP
Implementation Plan? When I read page 1 of the flyer, it leads me to
conclude that we're certifying the LCP. The remaining pages of the flyer talk
about the "LCP Implementation Plan". I find this confusing.
This clears up my question above. Forgive me....l found this on the City's website
(below). This statement, which the first part is same as the flyer, is much clearer to
me and sets the stage for the rest of the flyer content (what is highlighted in
yellow).
"What is the LCP?
The Local Coastal Program (LCP) is a coastal management plan mandated by the
California Coastal Act of 1976. A LCP contains land use, development, public
access, and resource protection policies and regulations that implement the
Coastal Act at the local level. It is comprised of a Land Use Plan (LUP) and
Implementation Plan (IP). The City has its LUP, known as the Coastal Land Use
Plan (CLUP) and now working on its IP. Every local government in the coastal
zone (61 cities and 15 counties) is required to prepare a LCP and submit it to the
California Coastal Commission for review and approval. The City is one of ten
cities without a certified LCP."
g
What is the Coastal Commission?
think it would be useful to include what the Coastal Commission does/it's
purpose as well as the make-up of it. How about adding: "The Coastal
Commission, in partnership with coastal cities and counties, plans and
regulates the use of land and water in the coastal zone" which is taken of
the CCC website.
The Map
Suggest changing wording on BR to "Banning Ranch is currently under the Coastal
Commission jurisdiction"
The LCP Certification Process
mentioned this to Patrick after the meeting last week. These 3 paragraphs lack
the "How" of the process i.e., what were the `Inputs" to the "Process"? I think
understood from Patrick that the CLUP was an input and the zoning code. I think
some mention of this needs to be included for understanding.
Thanks for all you do!
Dorothy
Z
ITEM TITLE:
ITEM SUMMARY
RECOMMENDED
ACTION:
ATTACHMENTS:
NEWPORT BEACH
Draft Implementation Plan Maps
Summary: 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
Draft IP Permit and Appeal Jurisdiction Maps
10
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ITEM TITLE:
ITEM SUMMARY
RECOMMENDED
ACTION:
ATTACHMENTS:
NEWPORT BEACH
Draft Lower Cost Overnight Visitor Accommodation Program
Summary: A draft of a proposed program intended to encourage new and
protect existing lower cost accommodations.
Recommended Action: Review draft program and provide direction to staff as
needed.
Description
Lower Cost Overnight Visitor Accomodation Program committee draft
19
NEWPORT BEACH
LOWER COST OVERNIGHT VISITOR
ACCOMMODATION PROGRAM
NEWPORT BEACH LOWER COST OVERNIGHT
VISITOR ACCOMMODATION PROGRAM
The Lower Cost Overnight Visitor Accommodation Program was to encourage, protect,
and enhance lower cost visitor and recreational facilities established pursuant to the
following Coastal Land Use Plan policies:
2.3.3-1. Lower-cost visitor and recreational facilities, including campgrounds, recreational vehicle
parks, hostels, and lower-cost hotels and motels, shall be protected, encouraged and, where feasible,
provided. Developments providing public recreational opportunities are preferred. New development
that eliminates existing lower-cost accommodations or provides high-cost overnight visitor
accommodations or limited use overnight visitor accommodations such as timeshares, fractional
ownership and condominium -hotels shall provide lower-cost overnight visitor accommodations
commensurate with the impact of the development on lower-cost overnight visitor accommodations in
Newport Beach or pay an "in -lieu" fee to the City in an amount to be determined in accordance with
law that shall be used by the City to provide lower-cost overnight visitor accommodations.
2.3.3-2. Encourage new overnight visitor accommodation developments to provide a range of rooms
and room prices in order to serve all income ranges. Consistent with Section 30213 of the Coastal
Act, the City shall in no event (1) require that overnight room rental be fixed at an amount certain for
any privately owned and operated hotel, motel, or other similar visitor -serving facility located on either
public or private land; nor (2) establish or approve any method for the identification of low or
moderate income persons for the purpose of determining eligibility for overnight room rentals in any
such facilities.
2.3.3-3. Identify, protect, encourage and provide lower-cost visitor -serving and recreation facilities,
including museums and interpretative centers.
2.3.1-13. Any proposal to demolish existing overnight accommodations shall be required to
demonstrate that rehabilitation of the units is not feasible. Any hotel/motel rooms for which a
certificate of occupancy has been issued on or before the effective date of adoption of Coastal Land
Use Plan Amendment No. 2007-001 (NPB-MAJ-1-07) shall not be permitted to convert to a Limited
Use Overnight Visitor Accommodation, except as provided in Policy 2.3.3-7.
Open, Abundant, and Diverse
Visitor -serving and recreational activities are an important part of the character and
economy of Newport Beach. Newport Beach receives millions of visitors each year with
the majority being day visitors. Newport Bay and Harbor are used for a wide variety of
I ecreational activities, including boating,
diving, excursions, fishing, kayaking,
paddle boarding, parasailing, rowing,
sailing, swimming, and windsurfing.
The City also provides two recreational
piers. The 800 -foot Newport Pier is located
at the end of Newport Boulevard in
McFadden Square and the 950 -foot Balboa
Pier is located at the end of Main Street in
Balboa Village. The City also provides ten
public docks in the harbor, which can be
used for boat launching and fishing.
February 2015 1
21
NEWPORT BEACH LOWER COST OVERNIGHT
VISITOR ACCOMMODATION PROGRAM
There are over 8 miles of sandy beaches
that provide opportunities for sunbathing,
volleyball, swimming, surfing, windsurfing
and other recreational activities. The City
provides and maintains approximately 360
acres of public beaches and parks in the
coastal zone, which are available, free of
charge. The 752 -acre Upper Newport Bay y
Marine Park and 140 -acre Upper Newport
Bay Nature Preserve provide opportunities
for canoeing, kayaking, horseback riding,
biking, and hiking. Also, the County's
Upper Newport Bay Nature Preserve and the day use facilities at the County's 100 -acre
Newport Dunes Aquatic Park are available free of charge. Newport Dunes provides
opportunities for camping, boating, canoeing, kayaking, swimming and other water and
beach activities.
Newport Beach currently provides a variety of
overnight visitor accommodations in all price
ranges. In 2015, Newport Beach had 16
hotels, motels, timeshares, recreational
vehicle spaces, camping, and bed & breakfast
inns in the coastal zone and 20 citywide.
These facilities provide a total of 2,709 rooms
in the coastal zone and 3,943 rooms citywide.
In addition to these totals, the City has
issued short-term lodging permits
allowing 935 residential units to be
rented as overnight visitor
accommodations on a weekend, weekly
or monthly basis. Most of these short-
term lodging units have beach or bay
front locations or are located within
walking distance to the water. Because
they typically provide additional
sleeping accommodations and fully equipped kitchens, they provide an accommodation
option comparable to or less expensive than staying in hotels and going out to
restaurants for meals.
February 2015 2
22
NEWPORT BEACH LOWER COST OVERNIGHT
VISITOR ACCOMMODATION PROGRAM
The purpose of this program is: 1) to encourage new lower cost overnight
accommodations, 2) to preserve, to the extent practical, existing lower cost overnight
accommodations, and 3) to mitigate any impacts to existing lower cost
accommodations.
1. Development applications involving the development of new overnight visitor
accommodations or the demolition, conversion, closure, or cessation of existing
lower cost overnight visitor accommodations shall be reviewed in consideration of
the following:
a. The development's ability to protect, encourage, or provide lower-cost
overnight visitor -serving and recreational facilities on the project site and in
the immediately adjacent area; and
b. The development's ability to provide public recreational opportunities; and
c. The range of room types and room rates in the City's Coastal Zone.
2. For purposes of this program, visitor accommodations shall be defined as lower,
moderate, or higher cost as follows:
a. Lower Cost — The average daily room rate is 80 percent or lower of the
median average daily room rate in the City's Coastal Zone.
b. Moderate Cost — The average daily room rate is 81 percent to 120 percent of
the median average daily room rate in the City's Coastal Zone.
c. Higher Cost — The average daily room rate is above 120 percent of the
median average daily room rate in the City's Coastal Zone.
3. An analysis a development's impact on lower cost visitor accommodations shall be
required for any application involving:
a. The demolition, conversion, closure, or cessation of existing lower cost visitor
accommodations; or
b. The development of new higher cost visitor accommodations; or
c. The development of a limited -use overnight visitor accommodation (LUOVA).
4. The analysis shall be prepared at the applicant's expense and shall identify any
impacts to existing lower cost accommodations on-site or within the City's Coastal
Zone. If the development involves the conversion to another use, demolition, or
cessation of existing lower cost overnight visitor accommodations, the analysis shall
determine the feasibility of rehabilitating the units. The analysis shall also include
recommendations for mitigation of the identified impacts.
February 2015 3
2S
NEWPORT BEACH LOWER COST OVERNIGHT
VISITOR ACCOMMODATION PROGRAM
5. If the reviewing body determines that the development will impact existing lower cost
overnight visitor accommodations, mitigation shall be provided commensurate with
the impact. Mitigation measures may include, but not be limited to, providing lower
cost overnight visitor accommodations on or off site within the City's Coastal Zone or
payment of a fee in -lieu of providing lower cost overnight visitor accommodations
consistent with Government Code §66000-§66008.
6. In no event shall mitigation require a development to:
a. Provide overnight room rental be fixed at an amount certain; or
b. Establish any method for the identification of lower or moderate income
persons for the purpose of determining eligibility for overnight room rentals in
any such facilities.
7. The conversion of any hotel or motel unit for which a certificate of occupancy has
been issued on or before July 14, 2009, to a limited -use overnight visitor
accommodations (LUOVA) shall be prohibited, except as allowed by Coastal Land
Use Plan.
8. The City will establish a special capital improvement fund, to be known as the Lower
Cost Visitor and Recreational Facility Reserve (Reserve).
9. Funds designated by the City or California Coastal Commission and in -lieu fees
collected pursuant to this program shall be deposited into the Reserve.
10. The Reserve shall be used for the purpose of expanding or enhancing lower cost,
overnight visitor accommodations and recreational programs and facilities within the
City or Crystal Cove State Park. Eligible projects include:
a. New or expanded lower cost, overnight visitor accommodations, including
camping sites, recreational vehicle parks, hostels, motels, or hotels.
b. Interior or exterior renovations to existing lower cost overnight visitor
accommodations.
c. Conversion of existing structures to lower cost overnight visitor
accommodations, provided that conversions involving existing lower-income
housing units are replaced in accordance with the Mello Act.
d. Recreational amenities accessory to lower cost overnight visitor
accommodations.
e. Feasibility or planning studies identifying opportunities sites or studies related
to the establishment of new lower cost overnight visitor accommodations.
February 2015 4
24
NEWPORT BEACH LOWER COST OVERNIGHT
VISITOR ACCOMMODATION PROGRAM
11. In -lieu funds deposited into the Reserve shall be used consistent with Government
Code §66000-§66008. Funds deposited into the Reserve that are not in -lieu of an
impact are not subject to Government Code §66000-§66008.
12. Facilities supported by the Reserve shall be guaranteed and available for their
intended purpose for a minimum duration of time commensurate with the level of
support provided.
13.The City Manager (or designee) shall administer the program consistent with the
Local Coastal Program and applicable laws and report program accomplishments
including finances to the City Council on a regular basis.
14. Project Concepts:
a. Provide financial incentives, possibly through a matching grant, and work
cooperatively with property owners and operators of existing or proposed
overnight visitor accommodations to expand opportunities for lower cost
accommodations.
b. Create new or expanded camping, recreational vehicle or hostel facilities at
Crystal Cove State Park, the Dunes Resort, the Western Entry Parcel or other
suitable location in the City's Coastal Zone (see map) by working in
cooperation with community stakeholders, State Parks, the Dunes Resort,
and property owners. Facilities could include a reduced cost recreational
vehicle rental/subsidy program available through a partnership with public
service agencies that serve low and moderate -income populations.
c. Create opportunities or public/private partnerships for the creation of hostels
on the Balboa Peninsula or other appropriate locations within the City's
Coastal Zone (see map) by modifying zoning (if necessary) and/or providing
financial incentives. The City would use a request for qualifications and/or
request for proposals process to identify potential sites and partners.
February 2015 5
25
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