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HomeMy WebLinkAbout2014-01-15_GP-LCP IC Agenda Meeting PacketCity of Newport Beach General Plan/LCP Implementation Committee Agenda Newport Beach Civic Center - 100 Civic Center Drive Newport Coast Meeting Room (Bay E, Second Level, Room 2017) Wednesday, January 15, 2014 - 12:30 p.m. to 2:30 p.m. Committee Members: Staff Members: Edward Selich, Council Member (Chair) Kimberly Brandt, Community Development Director Rush Hill, Mayor Brenda Wisneski, Deputy Community Development Director Nancy Gardner, Council Member Patrick Alford, Planning Manager Bradley Hillgren — Planning Commission Chair Leonie Mulvihill, Assistant City Attorney Fred Ameri — Planning Commissioner Jay Myers — Planning Commissioner Michael Toerge — At -Large Member 1) CALL MEETING TO ORDER 2) ROLL CALL 3) APPROVAL OF MINUTES Recommended Action: Approve November 27, 2013 Minutes (attached) 4) CURRENT BUSINESS A. Coastal Commission Update. A discussion of recent discussions with the Coastal Commission Recommended Action: Informational Item; no action required B. Coastal Canyons. Discussion of draft Canyon Overlay (attached). Note: A draft development area map for Lower Buck Gully is provided. Staff will have the capability to make modifications at the meeting in real-time per the Committee's direction. Recommended Action: Discuss draft Canyon Overlay, provide direction to staff. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -DISCUSSION ITEM) 6) PUBLIC COMMENTS Public comments are invited on agenda and non -agenda items generally considered to be within the subject matterjurisdiction of the Committee. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers' time limit on agenda or non -agenda items, provided the time limit adjustment is applied equally to all speakers. 7) NEXT MEETING Wednesday, January 29, 2014 8) 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. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the City Clerk's Office at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3005 or cityclerkG4newportbeachca.gov. City of Newport Beach General Plan/LCP Implementation Committee Minutes Date: November 27, 2013 Location: Newport Beach Civic Center — 100 Civic Center Drive Newport Coast Meeting Room (Bay E, Second Level, Room 2017) Members Edward Selich, Council Member (Chair); Rush Hill, Mayor Pro Present: Tem; Nancy Gardner, Council Member; Bradley Hillgren, Planning Commission Chair; Fred Ameri, Planning Commissioner; Jay Myers, Planning Commissioner, and Michael Toerge, Member At -Large Members Absent: None Public: Tom Mathews, James Lawson, Jim Mos "Dorothy Kraus, and Don Schmitz 1) CALL MEETING TO ORDER The meeting was called to order at 12:34 p.m. 2) ROLL CALL +*Nklllkb� Chair Selich invited everyone to introduce themselves. 3) APPROVAL OF MINUTES The minutes of the November 27, 2013 meeting were approved as amended. A discussion ensued in response to a question from Mr. Jim Mosher regarding future plans to incorporate Newport Coast in the City's Local Coastal Program (LCP). Staff was directed to report back to the committee. 4) CURRENT BUSINESS A. Coastal Commission Update. Planning Manager Patrick Alford provided an update on the following subjects: 1. California Coastal Commission (CCC) staff has not yet designated a staffer who would be assigned to the City's Implementation Plan. 2. The City submitted a CCC grant application for approximately $138,000 to cover half the cost of the certification project. 3. Staff submitted the proposed boundary adjustments to the CCC Mapping Division, but had not received any response. General Plan/LCP Implementation Committee November 27, 2013 Minutes Page 2 4. In Norberg v. California Coastal Commission, the judge ruled that a coastal bluff remained a coastal bluff regardless of the amount of alteration. Mayor Pro Tem Rush Hill, Council Member Gardner, and Chair Selich commented on approaches to dealing with the CCC and their staff and the importance of having staff attend Committee meetings. Mr. Don Schmitz commented on current "culture" of the CCC and their commitment to working with local jurisdictions. B. Revised Schedule Mr. Alford presented a revised schedule for the certification of the Implementation Plan. He elaborated on Task 3 (Collaboration with CCC Staff). Chair Selich and Mayor Pro Tem Hill commented on the completion date on Task 7 (Coastal Commission Review). In response to a comment from Council Member Gardner, Mr. Schmitz spoke about the CCC's effort to change the "culture" and the timing of Task 7. C. Coastal Canyons. Mr. Alford went over an outline of the proposed Canyon Overlay District. He distributed a copy of earlier attempt at establishing the Predominant Line of Existing Development (PLOED) as an example and described provisions for structures that do not conform to the PLOED. He also outlined provisions for grading, Environmentally Sensitive Habitat Areas (ESHAs), and coastal development permits (CDPs). In response to a question from Chair Selich, Mr. Alford explained that structures that do not conform to the PLOED would be allowed to rebuild if development was confined to the existing footprint and to go beyond that could be addressed through the CDP process. A discussion ensued on how the PLOED would be drawn The Committee directed staff to proceed with the approach outlined by staff Mr. Mosher commented on the proposed ability to rebuild within the existing footprint and how it compared with the City's other restrictions on nonconforming structures. Ms. Dorothy Kraus gave suggestions on CCC staff advanced information on upcoming Committee meetings. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) A discussion ensued on the meeting schedule for the rest of the year. The Committee directed staff to hold two meetings in January. The first meeting would be on January 15, 2014, to work General Plan/LCP Implementation Committee November 27, 2013 Minutes Page 3 on the PLOED for the canyons and one on January 29, 2014, at which CCC staff would be invited to attend. 6) PUBLIC COMMENTS Public comments are invited on agenda and non -agenda items generally considered to be within the subject matter jurisdiction of the Committee. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers' time limit on agenda or non -agenda items, provided the time limit adjustment is applied equally to all speakers. Mr. Mosher commented on responsibility to provide and protect coastal access. 7) NEXT MEETING Wednesday, January 15, 2014. 8) ADJOURNMENT The meeting adjourned at approximately 1:31 p.m. Edward Selich, Chair 21.28.XXX – Canyon (C) Overlay District A. Applicability. This section applies to lots located in the Canyon (C) Overlay District as indicated on the Coastal Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this section the most restrictive standard shall prevail. B. Uses Allowed. Land uses allowed in the C Overlay District are all those uses allowed in the underlying coastal zoning district. C. Development Area Defined. For the purpose of this section the development area of a lot is an area delineated for the purpose of regulating the placement and location of structures. Each lot within the C Overlay District shall be divided into two or more development areas. Development areas are delineated on the Development Area Maps attached to the ordinance codified in this title and are consistent with the development areas listed in subsection (D) of this section. The setbacks provided in Tables 2-2 and 2-3 in Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) are not used to determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable. Development Area A — Principal and Accessory Structures. Area A allows for the development and use of principal and accessory structures. Accessory structures allowed in Areas B and C are allowed in Area A. 2. Development Area B — Accessory Structures. Area B allows for the development and use of accessory structures listed below. Principal structures are not allowed. a. Allowed Accessory Structures. The following accessory structures are allowed in Area B: Accessory structures allowed in Area C are allowed within Area B. ii. Barbecues. iii. Decks. iv. Detached or attached patio covers (solid or lattice). V. Fences, walls, and retaining walls in compliance with Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). vi. Fireplaces and fire pits. Newport Beach LCP Implementation Plan — Jan 2014 Draft Page 1 vii. Gazebos. viii. Outdoor play equipment. ix. Patios. X. Platforms. A. Porches. xii. Spas and hot tubs. xiii. Swimming pools. xiv. Terraces. xv. Similar structures. b. Development standards for accessory structures. The following development standards apply to Area B: i. Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not exceed twelve (12) feet in height from existing grade or finished grade or exceed four hundred (400) square feet in cumulative total area. ii. Retaining walls shall comply with Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). 3. Development Area C—Limited Accessory Structures. Area C allows for the development and use of limited accessory structures. The following accessory structures are allowed in Area C: a. Benches. b. Drainage devices. C. Guardrails and handrails required by building code. d. Landscaping/irrigation systems. e. On -grade trails. f. On -grade stairways. g. Property line fences and walls, not including retaining walls. Newport Beach LCP Implementation Plan — Jan 2014 Draft Page 2 h. Underground utilities. i. Similar structures. 4. Development Area D –Resource Protection. Area D allows only for the development and use of structures necessary for the protection of the canyon resource. D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibits adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibits C -X through C -Y, attached to the ordinance codified in this title.) All contour lines refer to NAVD88 contours. E. Basements. Basements are allowed in Area A and may be constructed at an elevation (NAVD88) below any specified contour elevation. Basements shall not daylight on the canyon face beyond Area A. F. Grading—All Development Areas. A. Grading shall minimize alteration of those portions of the canyon face with slopes in excess of 50 percent (2:1 slope) with a minimum elevation differential of 25 feet. Development shall employ site design and construction techniques, including those identified in Section 21.XX.XXX, to minimize alteration of the canyon face. G. Encroachments. 1. Above Grade Encroachments. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A into Area B without limitation, provided they do not require ground support. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C, provided they do not require ground support and encroach no farther than five feet into Area C and comply with any required minimum setbacks. 2. Subterranean Structural Encroachments. Foundations, basement walls, structural supports, and shoring for principal structures may encroach a maximum of twenty-four (24) inches into an adjacent development area (B or C). 3. Existing Structures. Existing principal and accessory structures that extend beyond the boundaries of a canyon development area maybe modified or replaced with alike principal and accessory structures provided Newport Beach LCP Implementation Plan — Jan 2014 Draft Page 3 development remains within the footprint of the existing structure. Adjustment of Development Area Boundary. 1. Reduced Development Area(s). A canyon development area shall be reduced whenever necessary to: a. Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a development. At a minimum, the development area shall be adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the canyon or a factor of safety greater than or equal to 1.1 for the seismic condition of the canyon, whichever is further landward; and b. Ensure that the principal structures are safe from hazards due to erosional factors for the economic life of the building; or C. To protect, restore, or enhance public coastal views, sensitive habitat areas. or other coastal resources. 2. Increased Development Area(s). A development area's boundaries may be adjusted through the approval of a coastal development permit in compliance with Section 21.52.040 (Coastal Development Permits) to allow structures and grading not otherwise allowed. In addition to the coastal development permit findings, all of the following findings shall also be made: a. The increased canyon development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the canyon or a factor of safety greater than or equal to 1.1 for the seismic condition of the canyon, whichever is farther landward; b. The increased canyon development area will provide adequate protection from erosion factors for the economic life of the development; C. The increased canyon development area will be compatible and consistent with surrounding development; d. The increased canyon development area will not have an impact on public views, sensitive habitat areas, or other coastal resources; and e. The increased canyon development area is not otherwise detrimental to the general public health and welfare. Newport Beach LCP Implementation Plan — Jan 2014 Draft Page 4 r ' � o 1` s C R w 9 A 4 O *4'N 2 IN' t �F �� A O_ z O r Q r Draft Canyon Overlay r' ° • Wok°�n Development Areas .1p o c B C JY + B )ocument Name: buck qully IP PLOED