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HomeMy WebLinkAbout22 - Encroachment Program for East Oceanfront= CITY OF _ R C Clay Council Staff Report Agenda Item No. 22 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director APPROVED: cA � � 11, AA TITLE: Initiation of an Amendment to the Coastal Land Use Plan and Council Policy Establishing an Encroachment Program for East Oceanfront ABSTRACT: A request to initiate an amendment to the Coastal Land Use Plan and City Council Policy L -12 to create an Encroachment Program for West Oceanfront. This will also require an amendment to City Council Policy L -12. RECOMMENDATION: Initiate an amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council Policy L -12 establishing an Encroachment Program for East Oceanfront. FUNDING REQUIREMENTS: There are no direct funding obligations related to initiating the amendment to create an Encroachment Program. Limited funding may be required to develop the restoration plan to determine the appropriate landscape palette to be used beyond the encroachment area. An encroachment program would also generate annual fees to improve coastal access in the area. A mitigation plan would be created detailing the use of these funds. The West Oceanfront Encroachment Program dedicates 85% of its fees to improving the street ends to create additional parking and access. The details of funding issues will be presented with the proposed amendments. DISCUSSION: Landscaping, fences, irrigation, and hardscape maintained by private property owners encroach along East Oceanfront onto the public beach. The City's Coastal Land Use 2 Initiation of an Amendment to the Coastal Land Use Plan and City Council Policy February 12, 2013 Page 2 Plan and City Council Policy L -12 limit encroachments to trees existing prior to 1991 and groundcover. A 15 -foot public right -of -way exists ocean ward of the residential properties. An encroachment program, similar to program in place for West Oceanfront, could be developed to allow limited encroachments within the public right -of -way. Encroachment fees could contribute towards a mitigation program designed to improve public access in the area. Additional background regarding this issue was provided in the February 12, 2013 City Council Study Session staff report. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the action is to direct staff to begin the process of amending City Council Policy L -12 and the Coastal Land Use Plan which has physical change to the environment, directly or indirectly. At said time when the amendments and related Encroachment Program are considered for adoption, the environmental affect of that action will be evalauted. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: I /,. Wa4l, - Kimberly Director .O. 2