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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 w 4 SANTA ANAL RIVER JETTY City of Costa Mesa ti City of Irvine Pacific Ocean City of Laguna Beach 0 CE - 1 Categorical Exlusion Areas DRAFT Document Name: CE -1 Categorica l_Exclusion west newport West Newport Area HIGHW ISP oA EWPORT 'VF 141" 0�'T ;� � nnuimnl m/i,/�►ni���1� 1111111►II � _ ►��////�/// I� ////////%�//, �•// 111111111- 111 I/////•j/// I/�I/,) LIDO e, ISLE I` 2,000 Feet Banning Ranch Deferred Certification cmm�� r CO t �4 ,aTH IT aEti ♦♦y Y + O y^♦VMMOj ♦o „r' STIFF, I � 11,rH �- _- _ ITRFET HaooucnoN IT A it � :♦ ♦ ;♦ ,s,H STIFF, WEST p" v : F o �y ii it � o c� ♦ z Rp � RO Hnsvi,IT \__-- ♦ JQ HH �� o Riff G o L77n-� �\ ......'♦'♦"♦..... LErypE \ o •IT / HIGHIn/n.. N a. s DC -1 - Banning Ranch Deferred Certification DRAFT Name: DC-1—Banning Ranch / February 2015 e 0 250 500 1,000 1,500 Feet �.gE,�lr1>k�A e PT -1 Public Trust Lands Delegated to the City DRAFT 0 1,000 2,000 mmmc==3mmK= Feet Name: PTI—Public—Trust—Areas / February 2015 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 ' � h VER, I pE `J Western Entry Parcel NEI.t,P �� , Dar LIDO �a ISLE ` UPPER .�' j NEWPORT BAY LINDA—/ HARBOR ISLAND env I9LANos�2 EWPORT PIER A CM A— A [y o �\ m i BALBOA ISLAND CHANNEL Newport Dunes FASHION ISLAND SHO Beach Coastal Zone Document Name: LCP_IP_visit—ccommodation_progmm NEWPORT BEACH LOWER COST OVERNIGHT IDD 1E ­ VISITOR ACCOMMODATION PROGRAM DRAFT J FAN aDA 41i1� NEWPORT nlsEw vat7a RIDGE � a+ eaf — NEWPORT COAST / — /'/ � / 1 Crystal Cove State Park (within City of Newport Beach) CRYSTAL COVE STATE PARK is Ell