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HomeMy WebLinkAbout90-100 - Amendment 23 - Local Coastal Program LandRESOLUTION NO. 90- 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 23 TO THE LOCAL COASTAL PROGRAM LAND USE PLAN ESTABLISHING A POLICY FOR OCEAN FRONT ENCROACHMENTS. • The decision of the Newport Beach City Council to approve Amendment No. 23 to the Local Coastal Program Land Use Plan ( "Amendment No. 23" or "Amendment ") which establishes a policy for the approval of certain improvements on and over public right of way on the oceanside of beachfront private property ( "oceanfront encroachments" or "encroachment ") is based upon the following findings and declarations: 1. Proceedings Preliminary to Decision. The decision to approve Amendment No. 23 was based upon consideration of documents, testimony, reports, studies and other evidence which was generated by, or prepared for the meetings, hearings and workshops, as described in this Section: (a) . In April 1989, the Newport Beach City Council established, and appointed members to, the Oceanfront Encroachment Citizens Advisory Committee ( "Committee "). (Resolution No. 89 -25) The Committee spent one year studying all aspects of the oceanfront encroachments, including the age and nature of the encroachments, the reason for their construction, the legal status of the property underlying the encroachments, the status of similar encroachments in other cities, and the relative interests of the public, adjoining private property owners, the City and the Coastal Commission. The Committee conducted monthly working sessions and two town hall meetings. In April, 1990, the Committee submitted its final report to the City Council. (b). On May 24, 1990, the Newport Beach Planning • Commission recommended initiation of a Local Coastal Program Land Use Plan amendment to establish a policy regarding oceanfront encroachments. The City Council initiated the Amendment on June 11, 1990, and the Planning Commission received testimony regarding proposed Amendment No. 23 on July 5, 1990 and again on August 9, 1990. The recommendation of the Planning Commission and the material the Commission considered was transmitted to the City Council on August 27, 1990. (c). The City Council held public hearings on proposed Amendment No. 23 on October 8th and October 22, 1990. • (d). The City Council received testimony from more than 50 interested persons and considered the following documents prior to approval of Amendment No. 23: 1. The final report of the Newport Beach Oceanfront Encroachment Citizens Advisory Ad Hoc Committee and the attachment to Appendix E of the final report; 2. Planning Department Staff Reports dated May 24, 1990, July 5, 1990, August 9, 1990, August 27, 1990, October 8, 1990 and October 22, 1990; 3. Planning Commission Resolution Number 1233; 4. Minutes of the Planning Commission meetings of May 24, 1990, July 5, 1990 and August 9, 1990; 8, 1990; 5. Minutes of the City Council meeting of October 6. City Staff Report submitted in conjunction with the Planning Department Report of October 22, 1990; 7. The maps, drawings, and letters attached to the Planning Department Staff Reports referenced above; and 8. Correspondence from members of the public, property owners and Coastal Commission staff relative to the oceanfront encroachments received on or before October 22, 1990. 2. History and Status of Encroachments. The following is a summary of facts relating to the encroachments and the underlying City property interests: (a) . Oceanfront encroachments have existed for more than • 30 years and some may have been constructed as early as 1911. The encroachments were first constructed to protect private property from wind -blown sand, high tides and wave action. The size, number and nature of encroachments vary depending upon their location. In K ✓' the area between E Street and the West Jetty ( "Peninsula Point ") there are relatively few encroachments and those which exist are primarily landscaping and pathways. Encroachments between A Street and a point 250 feet southeast of E Street ( "Pier area "), consist of low walls and patios built in the 7 -1/2 feet between the north and from that point to the Santa Ana River ( "West Newport ") encroachments extend up to 27 feet into City right of way and vary from landscaping to extensive patios with barbecues, furniture and other improvements. (b) . The City's interests in the property underlying the oceanfront encroachments also vary from area to area. In Peninsula Point, the City holds both a street easement and fee title to the property. Encroachments in the Pier area are located over a street easement dedicated in May of 1905. West Newport encroachments are located on various street easements, ranging between 35 feet and 45 feet in width, that were dedicated between 1904 and 1911. Property owners in the Pier area and West Newport area hold underlying fee title to the center line of the right of way and have rights to the property distinct from the general public. (c). In West Newport, beach access is available to the public by way of street ends located approximately 200 feet apart. These street ends intersect Seashore Drive, which runs parallel to and approximately 100 feet from the sandy beach. Seashore Drive provides vehicular access to the street ends, public parking spaces and is an official City bicycle path. Within the past 14 years, the City has spent $1,000,000.00 constructing 118 additional parking spaces, two public restrooms, tennis courts, basketball courts, handball /racquetball courts and landscaping in the Pacific Electric right of way which is parallel, and adjacent, to Seashore • Drive. (d). Beach access in the Pier area is provided by five street ends and a continuous twelve foot wide concrete walkway 3 edge of the sidewalk and private property. No encroachments exist • from A Street to 36th Street. The sidewalk ends at 36th Street and from that point to the Santa Ana River ( "West Newport ") encroachments extend up to 27 feet into City right of way and vary from landscaping to extensive patios with barbecues, furniture and other improvements. (b) . The City's interests in the property underlying the oceanfront encroachments also vary from area to area. In Peninsula Point, the City holds both a street easement and fee title to the property. Encroachments in the Pier area are located over a street easement dedicated in May of 1905. West Newport encroachments are located on various street easements, ranging between 35 feet and 45 feet in width, that were dedicated between 1904 and 1911. Property owners in the Pier area and West Newport area hold underlying fee title to the center line of the right of way and have rights to the property distinct from the general public. (c). In West Newport, beach access is available to the public by way of street ends located approximately 200 feet apart. These street ends intersect Seashore Drive, which runs parallel to and approximately 100 feet from the sandy beach. Seashore Drive provides vehicular access to the street ends, public parking spaces and is an official City bicycle path. Within the past 14 years, the City has spent $1,000,000.00 constructing 118 additional parking spaces, two public restrooms, tennis courts, basketball courts, handball /racquetball courts and landscaping in the Pacific Electric right of way which is parallel, and adjacent, to Seashore • Drive. (d). Beach access in the Pier area is provided by five street ends and a continuous twelve foot wide concrete walkway 3 immediately adjacent to the Encroachments. A public parking facility and additional public walkways have been constructed on the oceanside of the walkway immediately adjacent to A Street. (e). In West Newport, the sandy beach has stabilized since the construction of rock groins perpendicular to, and oceanward of, the mean high tide line. While there is some • seasonal fluctuation, the sandy beach in West Newport averages 300 feet in width. The sandy beach on the oceanside of the Pier area encroachments is extremely stable and averages 500 feet in width. The vast majority of beach use occurs within 100 feet, or less, of the then current high tide line. 3. Amendment 23 is Consistent with California Coastal Act. (a) . Amendment No. 23, as it pertains to West Newport encroachments, is consistent with provisions of the California Coastal Act, specifically Sections 30210, 30211, 30212, 30214, 30221, 30251, and 30252 in that: 1. The encroachments, given limitations on location, size and nature of improvements, will have no impact on public access to the ocean, no impact on that portion of the sandy beach commonly used by the public, and no significant impact on the amount of sandy beach available for use by the public (less than 5% of the total beach area could be covered by encroachments). 2. Adoption of a formal policy establishing a maximum fifteen foot width for West Newport encroachments will require removal of encroachments from a portion of the sandy beach, the policy and removal of encroachments beyond fifteen feet will eliminate the precedent used by some property owners to justify oceanward extensions of existing encroachments, and the formal policy will enable the City to effectively enforce limits on the size, nature and extent of encroachments. 3. Permitted encroachments will not have any • impact on the desirability of the sandy beach for use by the public since the encroachments are located far from the water and that portion of the beach most heavily used by the public. Beachgoers typically congregate within 100 feet from the water line and would 4 naturally avoid that portion of the beach closest to homes. 4. The policy does not encourage or facilitate any seaward encroachment of structures on private property and structures requiring building permits are prohibited within the encroachment zone. 5. The proximity of beach access points and • Seashore Drive to oceanfront properties has resulted in public use of private property and the encroachments will protect private property from misuse by the public. 6. Available sandy beach outside the encroachment zone is more than adequate to provide for all present and forseeable future demand for beach use. The City would not utilize the encroachment zone for the construction of any public facility such as a bicycle path or pedestrian walkway because of the potential conflict between the public and private property owners, and the desirability of locating any such facility closer to the shoreline to improve views of the ocean and waves. 7. Encroachments, as restricted and conditioned, will minimize the alteration of natural landforms, will be visually compatible with the sandy beach, and permitted landscaping is likely to enhance the scenic and visual quality of the area. Restrictions on the height of encroachments will ensure no impact on beach or ocean views. (b). The provisions of Amendment No. 23 as they pertain to Pier area encroachments are consistent with the provisions of the California Coastal Act, specifically Sections 30210, 30211, 30212, 30214, 30221, 30251, and 30252 in that: 1. Encroachments, given the limitations on the location, size and nature of improvements, will have no impact on public access to the ocean and no impact on any sandy beach. 2. Permitted encroachments will not have any • impact on the desirability of the sandy beach for use by the public because encroachments are on the inland side of a public sidewalk and are remote from water and waves. 3. The policy does not encourage or facilitate any 5 seaward encroachment of structures on private property and structures requiring building permits are prohibited within the encroachment zone. 4. The proximity of the oceanfront walk and beach access points to parcels in the Pier area have resulted in public use of private property and the encroachments will protect private • property from misuse by the public. (c) . Amendment No. 23, as it pertains to Peninsula Point encroachment, is consistent with the provisions of the California Coastal Act, specifically Sections 30210, 30211, 30212, 30214, 30221, 30251 and 30252 in that: 1. Encroachments are limited to landscaping and ground cover which will have no impact on public access to the ocean, no impact on that portion of the sandy beach used by the public, and no impact on the amount of sandy beach available for use by the public. 2. The prohibition of encroachments other than landscaping will require removal of encroachments from a portion of the sandy beach, eliminate the precedent used by some property owners to justify construction of new, or extension of existing, encroachments and enable the City to treat all property owners equally. 3. Low landscaping near residential structures will enhance the scenic and visual quality of the area, minimize the alteration of natural landforms, and represents an appropriate transition zone between the sandy beach and residential structures. 4. Prohibition of encroachments other than landscaping is appropriate given City ownership of the underlying fee interest in the property and provisions of the City Charter which prevent the sale or lease of oceanfront property owned by the City, absent voter approval. • (d). Amendment No. 23, as it pertains to all encroachments, is consistent with the Coastal Act in that: 1. A portion of the annual fee will be used by the City to enhance access to the beach from and across street ends, 0 sign beach access points, and fund other projects which will encourage or facilitate public use of the beach. 2. Use of a portion of the annual fee to enhance beach access is the maximum mitigation appropriate since the encroachments will not, individually or cumulatively, reduce the number of locations available for beach access, reduce the size of • any specific access area, nor reduce the public's desire to use the beach on the oceanside of the encroachments. 3. Mitigation more extensive than proposed in the policy cannot reasonably be related to permitted encroachments given the absence of any impact on the public's right of access to, and use of, the beach. 4. The policy and encroachments do not create any need for, and are not reasonably related to, construction of any hard surface path or walkway between the ocean and residential structures, the construction of such a pathway would destroy the peace, quiet and serenity which draws members of the public to West Newport and Peninsula Point beaches, and the City maintains an existing 2 mile long oceanfront sidewalk which provides ample opportunity for bicycling, walking, jogging and other activities. 5. Oceanfront property owners support of Amendment No. 23 is crucial to the City's ability to effectively and timely enforce encroachment restrictions and that support would be lost if the City Council or other public agency were to condition approval of the encroachment policy on the construction of an oceanfront sidewalk. NOW, THEREFORE BE IT RESOLVED: Amendment No. 23 to the local Coastal Program Land Use Plan is hereby approved as follows: 1. PURPOSE. • The purpose of this policy is to establish conditions and restrictions on the nature and extent of improvements which may be installed over public rights of way on the oceanside of beachfront residences. Y] 2. PERMITTED ENCROACHMENTS. (a). Encroachments in West Newport (from 36th Street to the Santa Ana River) may extend up to fifteen feet; provided, the property owner obtains an encroachment permit and the improvements are consistent with this Amendment and any formal policy adopted by the City. (b). Encroachments in the Pier area (from A Street to a point 250 feet southeast of E Street) may extend to the north edge of oceanfront walk; provided, an encroachment permit is obtained and the improvements are consistent with this Amendment and any formal policy adopted by the City. (c). Encroachments on Peninsula Point (from a point 250 feet south of E Street to the West Jetty) are prohibited except for landscaping. 3. PROHIBITED ENCROACHMENTS. (a). No encroachments are permitted between 36th Street and A Street. (b) . No encroachments are permitted which would interfere with access to the beach or ocean. (c) . Encroachments out of conformance with this Amendment are prohibited on October 22, 1991 and shall be removed prior to that time. 4. FEES. (a) . An annual fee of Six Hundred Dollars ($600.00) shall be required prior to issuance of encroachment permits for West Newport encroachments and an annual fee of Three Hundred Dollars ($300.00) shall be required as a condition to the issuance of encroachment permits for Pier area encroachments. (b) . The fees shall be used by the City to defray the • costs of administering this Amendment or any related policy, for maintaining or enhancing beach access, or for projects which facilitate public use of the beach. (c) . Annual fees shall be increased to reflect changes in 91 the Consumer Price Index and may be modified by resolution of the City Council. 5. IMPLEMENTING POLICY. The City Council shall adopt a formal policy specifying, in detail, the types of improvements permitted within encroachment • zones, a prohibition on improvements that could impair or restrict public access or views, procedures for encroachment permit applications, City administration of the policy, and other appropriate provisions. ADOPTED, this 22nd day of October? , 1990. MAYOR • ATTEST: �F ;�Rr City Clerk U o cq�rFOa�'�P 9