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HomeMy WebLinkAboutS20 - Local Coastal Program - LCPITEM S20 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Deputy City Manager Patricia Temple, Planning Director SUBJECT: Resolution 2001 -_ Relating to the City's Intention to Submit and Certify a Local Coastal Program (LCP) for the City of Newport Beach RECOMMENDED Adopt Resolution 2001 -_ relating to the City's intention to submit and certify a ACTION: Local Coastal Program (LCP) for the City of Newport Beach. BACKGROUND: 1972's Proposition 20 established the California Coastal Commission. The Legislature later wrote and adopted the Coastal Act (Public Resources Code §30000 et seq.). The Commission plans for and regulates land and water uses in the coastal zone consistent with the policies of the Act. The Commission is one of two coastal management agencies that administer the federal Coastal Zone Management Act (CZMA) in California. CZMA gives the Commission regulatory control (federal consistency review authority) over all federally permitted activities (like oil and gas leasing, dredging, and sand replenishment). The Commission has this control over all areas of the State within the Coastal Zone except for the San Francisco Bay. The Coastal Zone is specifically mapped statewide (see Attachment B for a map of the Coastal Zone within Newport Beach) and extends from three miles at sea inland to a boundary that varies in depth from several hundred feet in highly urbanized areas up to 16 miles in rural areas with water bodies that extend inland. In certain undeveloped areas of Southern California where there can be considerable impact on coastal resources from inland development, the Coastal Zone extends to a maximum of 5 miles inland from the mean high tide line. The Commission's land use permitting role within the Coastal Zone applies to all private and public entities and covers virtually all coastal development, including any division of land, changes in intensity of uses of state waters, and public access to beaches. The Coastal Act directs the Commission to protect: • Public access and recreation; • Lower cost visitor accommodations • Terrestrial and marine habitat, • Visual resources; • Agricultural lands; • Water quality; and more Newport Beach City Council Page 2 The Commission consists of 12 voting members appointed by the Governor (4 appointments), the Senate Rules Committee (4), and the Speaker of the Assembly (4). Six commissioners are locally elected officials and six represent the public at large. The Commission has four non - voting members representing various State agencies with authority over coastal issues. Coastal Act Responsibilities. All development within the coastal zone requires a Coastal Development Permit (CDP) issued either by the Commission or by a local government that has a Commission - certified Local Coastal Program (LCP). Each of the 15 counties and 58 cities located in whole or in part within the Coastal Zone is required to adopt an LCP: (a) Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction.... (b) Amendments to a local general plan for the purpose of developing a certified local coastal program shall not constitute an amendment of a general plan for purposes of Section 65358 of the Government Code. (c) The precise content of each local coastal program shall be determined by the local government ... in fill consultation with the commission and with fidl public participation. Public Resources Code Section 30500 The Commission reviews and "certifies" each completed LCP. An LCP includes a land use plan (LUP) which is the relevant portion of the local general plan or separate plan consistent with the General Plan. The second half of the LCP is the implementing actions plan (lAP). The lAP includes maps, the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan. The Commission must review each certified LCP at least once every five years. After certification of an LCP, the Coastal Act delegates CDP authority to the local government. The Commission retains original permit jurisdiction over public trust lands like tidelands and has appellate authority over development approved by local government in specified geographic areas. An appealed CDP is stayed until the Commission acts on the appeal. LCPs can apply jurisdiction -wide or to segments of a community. Coastal Commission records produced late last year show that about 37 segments of the Coastal Zone, including the following in Orange County, do not have certified LCPs: • County of Orange - Bolsa Chica • County of Orange - Santa Ana River • County of Orange - Santa Ana Heights • City of Seal Beach • City of Costa Mesa • City of Newport Beach • City of San Clemente The City of Newport Beach has a certified LUP (first approved in May, 1982„ and updated and approved in January, 1990), but we have never completed the Page 3 Implementing Actions Plan associated with our LCP. This is because of factors which have changed over the years, including: • A concern that LCP certification would increase project processing time due to appeals to the Commission; • Potential loss of the City Categorical Exclusion Order (CEO) which allows approximately 100 projects to proceed each year without the requirement of a CDP; and • Insufficient staff resources. In February 1999, Newport Beach sought and obtained a grant from the Coastal Commission to certify our LCP (see Resolution 99 -8, Attachment C). In the Grant Application that we submitted in 1999, we envisioned a $583,140 work program (see Attachment D) that would be conducted over a year and a half. We asked for $407,135 from the Commission's grant program to complete the work program. We were awarded about $150,000 for the task. In June 1999, the City decided to reject the Commission's grant award and to return the revenue to the State. We did so for the following reasons: • The grant did not provide funding to allow the City to reconsider certain provisions of the existing LUP; • The grant appeared to require the City to limit private boating facilities; and • The grant appeared to require provision of 100% coastal access with limited sensitivity to existing residential areas. As the annexation of the Newport Coast and Santa Ana Heights approaches, there are several reasons why the City should revisit this issue and again attempt to complete, submit, and certify its LCP. These include: • "Good government" (and the Legislature and the Coastal Commission) suggest(s) that the Newport Coast LCP - developed by the County and certified by the Commission in 1996 - should be transferred to the City at some point after annexation. The City itself must be prepared to include the Newport Coast LCP into the City's own LCP at a future date. • Having our own LCP will enable area residents to process CDPs for structures within the Coastal Zone with the City rather than the Commission, saving area residents travel, time, and expense. • An LCP in Newport Beach will allowing the Commission to focus its efforts more on protecting water quality, habitat, and vital coastal protection measures rather than to address Newport Beach CDP projects one by one. • The Public Resources Code ( §30500) directs that we adopt our own LCP. • Completing our LCP in a manner and time proximate to the City's General Plan Update process will make for a more effective, more timely LCP and General Plan. Page 4 THIS AGENDA This Agenda Item asks the City Council to adopt a resolution (see Attachment A) ITEM: stating the Council's formal intent to submit a final Local Coastal Program for certification by the Commission in as soon a time as practicable. It also asks for the Council's authorization to pursue any grant opportunities available to the City for the LCP's development and certification. ATTACHMENTS: Attachment A - Resolution 2001 -_ Attachment B - Map of the Coastal Zone in Newport Beach Attachment C - Resolution 1999 -5 Attachment D - Workplan for the 1999 Grant and LCP Certification Attachment A Resolution 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE COMPLETION OF A LOCAL COASTAL PROGRAM (LCP) FOR NEWPORT BEACH Page 5 WHEREAS, the Coastal Act (Public Resources Code section 30000 et seq) establishes the Coastal Zone and regulations for protecting coastal resources within the Zone; and WHEREAS, the Coastal Act directs all coastal municipalities to adopt Local Coastal Programs (LCPs) to guide the development, permitting, and coastal access associated with structures and activities within the Coastal Zone; and WHEREAS, the City of Newport Beach, one of 58 cities located along the coast of California is required by the Public Resources Code to adopt an LCP; and WHEREAS, in May 1982 and again in January 1990, the City of Newport Beach completed and adopted a portion of its LCP when it adopted a Land Use Plan for the coastal zone within the City's corporate boundaries; and WHEREAS, adoption of an LCP for Newport Beach would allow area residents and businesses to process coastal development permits through the City and its planning staff, saving such residents and businesses time, energy, and resources; and WHEREAS, adoption of an LCP for Newport Beach would allow the City to effectively administer the existing Newport Coast LCP at such time after annexation as the City is prepared to address the Newport Coast LCP's enforcement; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby directs City staff to establish a public process and to complete the City's Local Coastal Program in a manner and time reasonable to area residents, City staff, and to the Coastal Commission; and be it also RESOLVED by the City Council of the City of Newport Beach that it hereby authorizes City staff to pursue any and all available grant funding opportunities to assist the City in planning, outreach, and development costs associated with submitting and certifying an LCP for Newport Beach; and be it also Page 6 RESOLVED by the City Council of the City of Newport Beach that it hereby directs City staff to submit this Resolution to the California Coastal Commission to inform the Commission of the Council's intention in this regard. ADOPTED this 27th day of March, 2001. Garold Adams MAYOR ATTEST: LaVonne Harkless CITY CLERK Attachment C RESOLUTION No. 99- s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION TO FUND A WORK PROGRAM FOR THE CERTIFCATION OF THE NEWPORT BEACH LOCAL COASTAL PROGRAM WHEREAS, the City of Newport Beach does not have a fully certified Local Coastal Program; and WHEREAS, the City of Newport Beach desires to complete a program leading to certification by the Coastal Commission of its Local Coastal Program; and WHEREAS, the City of Newport Beach has developed an application package setting forth a work program designed to provide for certification of its LCP; and WHEREAS, the City of Newport Beach desires to complete its Local Coastal Program and assume permit issuing authority pursuant to the provisions of the California Coastal Act; and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide planning and financial assistance for such a program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests the California Coastal Commission to provide financial and planning assistance, under the authority of the California Coastal Act, not to exceed the amount of 5407,135. This financial assistance is more fully described in the grant application and work program attached hereto, and made a part of this Resolution as if fully set forth. BE IT FURTHER RESOLVED that the City Manager of the City of Newport Beach is hereby authorized and empowered to execute for the City of Newport Beach all applications, contracts and agreements, and any subsequent amendments, to implement and carry out the purposes specified in this Resolution. ADOPTED this 8" day of February, 1999. - d.- MAYOR WEN am CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99 -8, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of February, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Ridgeway, Noyes, Mayor O'Neil Noes: None Absent: Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of February, 1999. 1A f City Clerk of the City of Newport Beach, California (Seal) Attachment D CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM LOCAL IMPLEMENTATION PROGRAM WORK PROGRAM JANUARY, 1999 Goal: To complete the Local Implementation Program to achieve certification of a Local Coastal Program for the City of Newport Beach, resulting in the transfer of coastal permit authority to the City. Objectives: D To complete the program to certify the City of Newport Beach Local Coastal Program in a way which coordinates with ongoing planning activities in the Newport Beach Coastal Zone. ➢ To revise and re- certify the 1990 Newport Beach Local Coastal Program, Land Use Plan to reflect and incorporate recent planning activities in the Newport Beach Coastal Zone, including the Central Balboa Specific Plan and the Balboa Peninsula Revitalization Program. ➢ To assess the various coastal zone commercial districts to identify the unique roles of each district in its provision of services to coastal visitors and residents alike, and to consider adjustments to commercial district size and preferred land uses, including marine incentive use provisions, to promote the viability of each district. ➢ To incorporate into the Land Use Plan a Harbor Element (which may also be adopted as a General Plan Element). The purpose of this element is to comprehensively address issues, objectives, policies and regulations related to utilization of the harbor area. This element will identify how the use of the harbor is integrated with and supports public access, public commercial use, short and long -term water quality, and the provision of public services in the harbor area. ➢ To comprehensively assess the provision of coastal access, including physical access from both land and water, visual access to coastal resources, transportation planning (including public transit), and the provision of services to visitors. This objective is intended to provide the factual and policy basis to allow for certification of all areas of the Coastal Zone in Newport Beach, including those residential areas where direct physical access from land to water is not feasible due to existing subdivision patterns. D To review the development standards provisions of the existing Categorical Exclusion (E -77- 5) for residential areas for possible adjustment prior to re- instatement. Newport Beach Local Implementation Program Grant Apprrarim January 29, 1999 Page 1. ➢ To develop administrative permit procedures for existing categorical exclusion areas which are not eligible for reinstatement as exclusion areas. Anticipated Time - frame: Given the significant size of the program, and the need to coordinate coastal plan implementation activities with other studies and planning programs being undertaken, 18 months is required to complete the work outlined in this grant application. Approach: The City believes the most effective and efficient way to accomplish certification of its Local Coastal Program is through a combined use of consultants and City staff. Generally, it is anticipated that topic specific planning would be done by consultants, while ordinance preparation, public outreach, and coordination with Coastal Commission staff and other agencies should be done by City staff. While specific consultants have not yet been identified, the particular work areas where such assistance is needed are: ➢ Harbor Element D Public Access Policies and Plan ➢ Transportation Planning, including land and water based public transportation ➢ Market Feasibility Analysis of coastal commercial districts ➢ Parking Management Work areas to be completed by City staff are: ➢ Project management and coordination with other agencies ➢ Clerical services and support ➢ Public outreach ➢ Preparation of changes to LCP, Land Use Plan ➢ Preparation of Ordinances, including overlay districts, administrative and permit procedures, revised commercial district designations, and physical and visual access requirements ➢ Preparation of revised LCP Maps in GIS format ➢ Staff reports and public hearings, Coastal Commission processing ➢ Implementation strategies for public transit and parking management Work Program: With the exception of Parking Management, consultants will need to be retained for the special topic studies. A. The Harbor Element will require assembling and assessing the various regulatory mechanisms the City uses in the harbor and beach areas. These are currently found in Newport Beach Local Implementation Program Gf Applic im January 29. 1999 Page 2. various places of the City's General Plan, LCP Land Use Plan, Municipal Code and Council Policy. Additionally, a wide variety of City departments have regulatory responsibilities, including Planning, Building, Public Works, Fire & Marine and Administrative Services. There is currently little coordination of policy or regulatory activities. The scope of this project is to compile and review all relevant policy and regulatory components in this area, review for internal consistency, identify policy and regulatory gaps, and prepare a Harbor Element. Preparation of this element will require significant coordination with other agencies, including the U.S. Coast Guard, the County Sheriff (Harbor Patrol), and the Regional Water Quality Control Board. The City Council has already appointed a citizens committee to assist in the preparation of this element. Key areas requiring significant study are the level of commercial utilization of the harbor areas by private entities, the interface of harbor uses with upland activities, the effects of commercial activities on water quality, an assessment of what commercial uses are appropriate within the harbor, strategies to preserve and improve the environmental quality of the harbor, and the provision of public conveniences such as waste disposal, rest rooms and pump -out facilities. The anticipated cost of this component is $80,000. B. The Public Access Policies and Plan will be a later part of the program, with a goal of coordinating the public access strategy between upland land use regulation and the programs and policies of the Harbor Element. It will include a complete inventory of public access opportunities in the City. This component will also include an evaluation of where public access should be managed to preserve unique environmental resources, such as the Upper Newport Bay Ecological Reserve, the off -shore Marine Life Refuge, and bay or ocean beaches of a sensitive nature. The anticipated cost of this component is $50,000. C. The Transportation Planning component will be conducted integrally with a comprehensive, City -wide transportation analysis. Short, mid and long -range circulation system capacity analysis will be conducted using the City's Transportation Analysis Model for all areas of the City, including the coastal zone. Recommendations for transportation improvements will be made, including those necessary to facilitate vehicular access in the Coastal Zone. Specific analysis and proposals will be requested on opportunities for land and water based public transit in the coastal area. The anticipated cost of this component is $150,000, with $75,000 attributable to the coastal transportation and circulation issues. D. The Market Feasibility Analysis component will assist the City and the Coastal Commission to understand the unique roles the many geographically diffuse commercial districts in the Newport Beach Coastal Zone play in serving visitors. Currently, most coastal zone business districts are experiencing deterioration stemming from high vacancy rates and seasonal uses. This deterioration makes the coastal commercial areas less attractive for use by visitors and residents alike. If these areas could become more focused in terms of viable uses and sustainable size, improvement to visitor services could be achieved. This study would assist in refining the Land Use Plan. ($60,000) Newport Beach Local Implementation Program Gcml AppliOdon January 29, 1999 Page 3. E. The Parking Management Program is nearly complete as part of the Balboa Peninsula Revitalization Program. The City has committed $117,290 for consultant services to complete this study, with additional costs for internal staffing associated with the project. The work program of City staff is outlined below: A. Project Management and Coordination: Under the general oversight of the Assistant City Manager (4 hours per month - $6,225), the Planning Director will provide overall project management for the LCP Certification program. This includes management of consultants and staff, and coordination with Coastal Commission staff and other agencies. 10% of the Director's time will be allocated to the management of this project for the duration of the program. ($21,875) The Transportation and Development Services Manager will manage the transportation planning effort. ($11,250) The Fire & Marine Chief and the Deputy Chief for Marine Environmental Management will manage the Harbor Element project with the assistance of the Planning Director. ($1,500) B. Clerical service and support: Clerical support for this program will require 15% of one secretarial position for the duration of the program. ($11,000) C. Public Outreach: Public outreach, including citizen steering committees and community meetings, will be the joint responsibility of the Assistant City Manager and the Planning Director. An average of 24 hours per month per position for a nine month period is required for this activity. ($33,900) Additionally, the Fire & Marine Chief and Deputy Chief for Marine Environmental Management will staff the steering committee for the Harbor Element at 6 hours per month each, for a period of 9 months. ($9,100) D. Preparation of Changes to LCP, Land Use Plan: All LUP changes will be prepared by a Senior Planner in the Planning Department. This activity will require 25% of the Senior Planner's time for a period of 6 months. ($12,600) E. Categorical Exclusion provisions: Research and recommendations on potential changes to the residential development standards related to the categorical exclusions areas will require 80 Senior Planner hours, working with a study group already established by the Planning Commission to review residential development standards in Corona del Mar. ($3,900). F. Preparation of Ordinances: All ordinances will be prepared by a Senior Planner in the Planning Department. This activity will require 207o of the Senior Planner's time for the 2nd and 3rd quarter, with an increase to 75% during the 4th quarter of the project. ($29,000) G. Preparation of Maps and Exhibits: All maps and exhibits will be prepared by an Associate Planner in the Planning Department. This activity will require 3 months of concentrated effort once all mapping requirements are identified. ($22,500) Newport Beach Local Implementation Program Gram Application January 29. 1999 Page d. H. Implementation strategies: A strategy for implementation of public transit, public access and parking management programs is required. These strategies will include capital improvement requirements and identification of grant funding sources. In the area of public transit, the City would need to identify and successfully compete for Coastal Access Grants, Coastal Conservancy Grants, AQMD Grants (electric vehicles), and any other funds available from County, State or Federal programs. Public access implementation would include acquiring or improving easements, improvements to public docks, providing dinghy storage and launching areas, etc. Parking management implementation could include meter changes, shared use parking areas, establishment of bus layover areas, parking for commercial marinas, special enforcement programs, etc. Staff responsible for the development of implementation strategies are the City Engineer, the Deputy Chief for Marine Environmental Management, the Transportation and Development Services Manager, the Assistant City Manager and the Planning Director. ($10,000) I. Staff reports and hearings, Coastal Commission processing: The formal review process will be the responsibility of the Senior Planner (equivalent of 6 weeks) and Planning Director (equivalent of 4 weeks). Additional staffing requirements can also be anticipated for the City Manager, Assistant City Manager, Assistant to the City Manager, City Attorney, City Clerk, Fire and Marine Chief, and Public Works Director (estimated at 10 miscellaneous hours per person). ($28,000) Based upon this work program and the cost estimates above, the total cost of this certification program is $583,140, of which the City has already committed to fund $117,290 (Parking Management Plan) through other City resources. Key milestones: I" Quarter, April through June, 1999 ➢ Circulate RFPs, select and retain consultants ➢ Initial staff meeting with Coastal Commission staff to identify key issues and develop implementation format 2nd and 3d Ouarters. Julv through December, 1999 ➢ Initial public outreach activities ➢ Coordination with other agencies ➢ Meetings with steering committees D Completion of consultant reports ➢ Draft changes to Land Use Plan ➢ Development of initial formats for ordinances 4th Quarter, January through March, 2000 ➢ Preparation of implementation ordinances D Preparation of maps and exhibits ➢ Preparation of implementation strategies for parking management and public transit Newport Beach Local Implementation Program Grant Application January 29, 1999 Page 5. ➢ Public outreach 5'h Ouarter, April through June, 2000 ➢ Preparation of staff reports and public hearings before Planning Commission and City Council 6'h Quarter, July through September, 2000 ➢ Submittal to Coastal Commission for staff report and hearing ➢ Follow -up changes to implementation program and final certification Newport Beach Local Implementation Program Grant Appli=im Janaay 29.1999 Page 6. Budget I" Ouarter, April through June, 1999 ➢ Prepare and circulate RFPs. select and retain consultants $10.325 ➢ Meeting with Coastal Commission staff $800 ➢ Develop implementation format $3.100 TOTAL I" QUARTER: $14.225 2nd and 3`d Ouarters, July through December, 1999 ➢ Public outreach activities (includes Cat. Ex. Work) $31.680 ➢ Completion of consultant reports $265.000 ➢ Draft changes to Land Use Plan $12.600 ➢ Development of initial formats for ordinances $8.200 ➢ Administrative activities $20.330 TOTAL 2nd and 3`d QUARTERS: $337.810 4`h Ouarter. January through March. 2000 ➢ Preparation of implementation ordinances $20.800 ➢ Preparation of maps and exhibits $22.500: ➢ Preparation of implementation strategies $10.000 ➢ Public outreach $14.355 ➢ Administrative activities $9.080 TOTAL 4'h QUARTER: $76.735 5`h Quarter, April through June. 2000 ➢ Preparation of staff reports and public hearings $22.000 ➢ Administrative activities $9.080 TOTAL 5`h QUARTER: $31.080 6`h Quarter, July through September. 2000 ➢ Submittal to Coastal Commission for staff report and hearing $4.000 ➢ Follow -up changes to implementation program and final certification $2,000 TOTAL 6`h QUARTER: $6.000 Local Matching Funds: Local matching funds are proposed to be comprised of the following: ➢ Funding of parking management study ➢ Funding of I" Quarter work program ➢ Funding of 6d' Quarter work program ➢ Funding of administrative activities TOTAL MATCHING FUNDS: $117.290 $14.225 $6.000 $38.49 $176,005 (30 %) TOTAL GRANT REQUEST: $407,135 (70 %) Newport Beach Local Implementation Program Grant Application January 29. 1999 Page 7.