HomeMy WebLinkAbout2013-04-24_GPLCP_Approved_MinutesCity of Newport Beach
General Plan/LCP Implementation Committee Minutes
Date: April 24, 2013
Location: Newport Beach Civic Center — 100 Civic Center Drive
Corona del Mar Meeting Room — Bay E - Room 1016
Members Present: Edward Selich, Council Member (Chair)
Nancy Gardner, Council Member
Michael Toerge, Planning Commission Chair
Fred Ameri, Planning Commission Secretary
Members Absent: Rush Hill, Mayor Pro Tem
Bradley Hillgren, Planning Commission Vice Chair
Staff: Kimberly Brandt, Community Development Director
Brenda Wisneski, Deputy Community Development Director
Patrick Alford, Planning Manager
Leonie Mulvihill, Assistant City Attorney
Public: Steve Ray
Thomas Mathews
Dorothy Kraus
James Mosher
I. Call Meeting to Order
The meeting was called to order at 3:30 p.m.
II. Introductions
Chair Selich presented background on the Committee and the tasks completed to date. He noted that the LCP
certification was postponed until after the Zoning Code was adopted.
Members of the Committee, staff, and members of the public introduced themselves.
III. Public Comment on Non-Agendized Items
None
IV. Local Coastal Program Certification
i. Introduction by staff
Community Development Director Brandt summarized the work staff had completed since the Zoning Code was
adopted, freeing staff to again work on LCP certification. She stated that staff had already started discussions
with Coastal Commission staff, but were still waiting for responses to staffs initial inquiries.
ii. Implementation Plan
Proposed incorporation into the Zoning Code
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April 24, 2013 Minutes
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Planning Manager Alford summarized the previous LCP certification efforts. He then explained staffs
recommendation to incorporate the LCP Implementation Plan into the Zoning Code.
Chair Selich questioned this approach, noting that the Committee had previously rejected it. He expressed
concern about the level of involvement by Coastal Commission staff in non -coastal issues. He recognized
problems associated with redundancies in having two codes, but stated that it would be prudent to develop an
implementation plan for only coastal zone properties.
Responding to a question from Council Member Gardner about the experience of other cities, Deputy
Community Development Director Wisneski summarized internal staff discussions and those with the Coastal
Commission staff on the various approaches. A general discussion ensued regarding the level of ongoing
Coastal Commission involvement after certification, how to differentiate between coastal regulations and non -
coastal regulations, and the pros and cons of two separate documents.
Chair Selich reiterated his objections to the prospect of all Zoning Code amendments requiring Coastal
Commission approval, even if they are deemed de minimus. He suggested that the Committee consider the
separate document approach, and return to a single document if need be.
Community Development Director Brandt stated that staff had received their direction and would proceed with
drafting a separate document.
1. Proposed segmentation of selected areas of the City
Planning Manager Alford explained staff's proposal to create a LCP segment for those areas of the City with
issues that might delay certification for the rest of the City.
A brief discussion ensued regarding a future Newport Coast segment.
Community Development Deputy Director Wisneski described the proposed segment, which includes the bluff
and canyons areas of Irvine Terrace and Corona del Mar.
Planning Manager Alford explained that Phase I would allow the bulk of the City to be certified relatively quickly;
afterward, staff could focus on resolving the more difficult issues, such as Phase Il.
Council Member Gardner asked if the segment was intended to address bluff and canyon issues, why all the
other areas were included. Planning Manager Alford responded that staff wanted to define a unified geographic
area and included all of the problem areas.
In response to questions by the Committee, staff presented an overview of the current Categorical Exclusion
Order, current procedures, and how it may be extended and administered following certification. Staff also
answered questions regarding post -certification appeals to the Coastal Commission.
Chair Selich directed staff to use segmentation as a fallback option.
At the request of Council Member Gardner, Assistant City Attorney Mulvihill gave an update on the work she is
doing with the League of California Cities' Coastal Cities Group.
Review of key issues/update on discussions with Coastal Commission staff
Staff reported that the City's bluff development regulations had been submitted to Coastal Commission staff for a
formal review, but no comments had been received. Staff commented on the Coastal Commission
recommendations on projects approved by the City using the Bluff Overlay and how there are no examples of
Coastal Commission action on canyon properties due to the Categorical Exclusion Order.
A general discussion ensued regarding the previous attempt at drafting a canyon overlay, recent examples of
applying canyon policies, erosion hazards, methods of establishing canyon development limits, and issues
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April 24, 2013 Minutes
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associated with the Irvine Terrace bluffs. Staff was directed to prepare canyon development standards that are
as clear and objective as possible.
iv. Preliminary project schedule
Planning Manager Alford stated that the drafting of the implementation plan as directed could still proceed under
the project schedule, but that additional time may be necessary for the coastal resource protection section since
the coastal bluff and canyon issues would have to be addressed in Phase I.
V. Schedule Future Meetings
The Committee agreed to meet at 3:30 p.m. on Wednesdays following the second City Council meeting.
VI. Public Comment
Jim Mosher inquired about meeting minutes and commented on bluff protection.
Steve Ray commented on the Committee's discussions, segmentation, categorical exclusions, and consistency with
the land use plan.
VII. Adjournment Next Meeting Date: May 29, 2013, at 3:30 p.m.
The agenda for the Regular Meeting was posted on April 19, 2013, at 2:30 p.m., on the City Hall Bulletin Board
located in the entrance of the Council Chambers at 100 Civic Center Drive.