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Home My WebLink About3.0 - Coastal Land Use Plan Amendment unimproved right-of way along Ocean Front w - PA2013-057 CITY OF NEWPORT BEACH PLANING COMMISSION STAFF REPORT April 9, 2015 Agenda Item No. 3 SUBJECT: Coastal Land Use Plan - (PA2013-057) APN 048-310-01 consisting of unimproved right-of-way along West Oceanfront between E Street to Channel Road ■ Land Use Plan Amendment LC2013-002 APPLICANT: City of Newport Beach OWNER: City of Newport Beach PLANNER: Brenda Wisneski, Deputy Community Development Director bwisneski(a-)newportbeachca.gov 949-644-3297 PROJECT SUMMARY A Coastal Land Use Plan amendment is necessary to create an Encroachment Permit Program to allow properties along East Oceanfront, from E Street to Channel Road, to establish limited private improvements within the 15 foot right of way located oceanward of their properties. A similar program is in place along West Oceanfront. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. recommending the City Council adopt the Coastal Land Use Plan amendment No. LC2013-002 establishing an Encroachment Permit Program for East Oceanfront (Attachment No. PC 1). �� QP �� P P�" O� �� \�� Coastal Land Use Plan Amendment Planning Commission, April 9, 2015 Page 2 VICINITY MAP O� ' �— I S. SAY AVEAVEE u! BAY ATVE E�. _ I Y a BALBOA BLVD E a . PLAZA DEL NORTE fC SSR w' W �.••. -\° 1 J N i i � t h o Rf ;yrM ACCfyE - Or `U'FF7ON7 "I ri INTRODUCTION Project Setting Encroachments, such as landscaping, fences, irrigation, and hardscape, have existed along East Oceanfront on the public beach for quite some time. The extent of the improvements vary, some of which include minimal landscaping that is only a few feet beyond the property line, while others are quite extensive and extend up to 65-feet beyond the property line. The area proposed for the encroachment program is limited to the City's 15-foot right of way which parallels the single family homes on East Ocean Front. Removal of the improvements and restoration would be required for the areas beyond 15-feet. Coastal Land Use Plan Amendment Planning Commission, April 9, 2015 Page 3 Prosect Description An encroachment program to allow for limited types of private improvements in the 15 foot right of way along East Oceanfront is proposed, similar to the program in place along West Oceanfront. Background In 2011, the California Coastal Commission (Commission) was notified by an outside party of the encroachments. In 2012, after concluding their investigation, the Commission issued Notices of Violation (NOV) to fifteen property owners. The NOVs state that the encroachments are on City property and are inconsistent with both policies of the Coastal Act and the City's Coastal Land Use Plan, and therefore need to be removed and the beach restored for public use. Commission staff has identified a total of fifty-eighty properties with encroachments and potentially in violation. Recognizing efforts are underway to create a comprehensive solution to this issue, Commission staff has agreed to delay issuance of additional NOVs. City staff facilitated a meeting with the residents and Commission staff to explore potential solutions. However, the number of residents with varying circumstances and positions, as well as the limited flexibility offered by Commission staff, made this approach cumbersome. City staff also met with Coastal Commission staff to advocate for the residents' perspective. Commission staff expressed their desire for a comprehensive solution to the issue. While the City is not a party to the subject NOV(s), it is apparent that the best chance for a comprehensive solution would require the City's involvement. An Encroachment Program, similar to the program applied to West Oceanfront, could remedy this issue for the 15-foot right-of-way. The City retained a biologist to develop a plan to remove the improvements beyond the 15-feet right of way. If an Encroachment Program is created for East Oceanfront, it is recommended that the City implement the restoration plan, the cost of which could be off-set by the Encroachment Program fees. DISCUSSION On February 11, 2013, the City Council conducted a study session to consider the issue and at the regular meeting initiated 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. Coastal Land Use Plan Policy 3.1.3 establishes a policy and mitigation program related to private improvements within the Oceanfront right of way (Attachment PC-2 provides Policy 3.1.3). Specifically, Policy 3.1.3 establishes four encroachment zones, the types of encroachments, permits and fee requirements, and mitigation for the impact to public access. The encroachment zones extend from the Santa Ana River to Channel Road. -4- Coastal Land Use Plan Amendment Planning Commission, April 9, 2015 Page 4 However, the zone defined as E Street to Channel Road prohibits any encroachments. It is the purpose of this amendment to apply the encroachment program to all the zones equally. The existing program limits encroachments as follows (per Policy 3.1.3-4): A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building permit. B. Prohibit pressurized irrigation lines and valves. C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping. D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources. E. Require landscaping to be designed and maintained to avoid impacts to public access and views. F. Restrict landscaping in dune habitat areas to native vegetation. The mitigation program included in Policy 3.1.3 has generally been completed. Therefore, additional public access amenities have been identified (see Policy 3.1 .3-9) focusing on improving the improving ADA access on the existing paved walkways and establishing a shuttle program for the West Newport/peninsula area. The policy amendment is detailed in the draft resolution Attachment PC-1, Exhibit A. The City Council will also consider an amendment to Policy L-12 to maintain consistency with the Coastal LUP. Environmental Review California Public Resources Code Section 21080.9 and California Environmental Quality Act ("CEQA") Regulation Section 15265 exempt local governments from the requirements of preparing an environmental impact report ("EIR") or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program ("LCP"). Instead, certification of an LCP by the Coastal Commission is subject to the requirements of CEQA. The Coastal Commission's regulatory program involving the preparation, approval and certification of local coastal programs has been certified by the Natural Resources Agency under Public Resources Code Section 21080.5 as the functional equivalent of CEQA review. As a result of this certification, the Coastal Commission is exempt from the requirement of preparing an EIR in connection with an LCP. Further, the amendment to the City's Land Use Plan conforms with the policies in Chapter 3 of the Coastal Act and the proposed amendment will not result in significant adverse environmental impacts within the meaning of CEQA. Coastal Land Use Plan Amendment Planning Commission, April 9, 2015 Page 5 Public Notice Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. In addition, a representative of many of the affected homeowners was also notified for the subject hearing. Noticing was also conducted in compliance with California Public Resources Code Section 30514 for the processing amendments to the Coastal Land Use Plan. Prepared/Submitted by: Bren a Wisnes i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution PC 2 Coastal Land Use Plan Policy 3.1.3 Attachment No. PC 1 Draft Resolution �� QP �� P P�" O� �� \�� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF COASTAL LAND USE PLAN AMENDMENT NO. LC2013-002, ESTABLISHING AN ENCROACHMENT PERMIT PROGRAM FOR EAST OCEANFRONT (PA2013-057) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 1, 2013, the City of Newport Beach City Council initiated an amendment to the Coastal Land Use Plan to establish an encroachment permit program for the public right of way located ocean ward and parallel to the residential properties on East Oceanfront. 2. The amendment applies the criteria of existing encroachment program defined on Coastal Land Use Plan Policy 3.1.3 to the subject area, known as the encroachment zone from E Street to Channel Road. The amendment also expands upon the mitigation program detailed in Policy 3.1.3-9 to improve existing walkways to comply with the Americans with Disability Act as well as a shuttle program for West Newport/peninsula area. 3. The subject right of way is designated Park and Recreation (PR) within the General Plan Land Use Element, Coastal land Use Plan and Zoning Code. The requested Coastal Land Use Plan amendment will not become effective until it is approved by the California Coastal Commission. 4. A public hearing was held on April 9, 2015, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. California Public Resources Code Section 21080.9 and California Environmental Quality Act ("CEQA") Regulation Section 15265 exempt local governments from the requirements of preparing an environmental impact report ("EIR") or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program ("LCP"). Instead, certification of an LCP by the Coastal Commission is subject to the requirements of CEQA. The Coastal Commission's regulatory program involving the preparation, approval and certification of local coastal programs has been certified by the Natural Resources Agency under Public Resources Code Section 21080.5 as the functional equivalent of CEQA review. As a result of this certification, the Coastal Commission is exempt from the requirement of preparing an EIR in connection with an Planning Commission Resolution No. XXXX Page 2 of 4 LCP. Further, the amendment to the City's Land Use Plan conforms with the policies in Chapter 3 of the Coastal Act and the proposed amendment will not result in significant adverse environmental impacts within the meaning of CEQA. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The proposed amendment will provide consistency with the existing and anticipated use of the subject right of way and establish fees and mitigation to maintain public access within the subject area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Coastal Land Use Plan Amendment No. LC2013-002, as shown on Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 9t" DAY OF APRIL, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 10 Planning Commission Resolution No. XXXX Page 3 of 4 EXHIBIT "A" 3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones: A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear(ocean facing)property line within the oceanward prolongation of the side property lines. B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear(ocean facing) property line within the oceanward prolongation of the side property lines. C. 36th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the inland edge of the Oceanfront Boardwalk(7 to 8 feet oceanward of the rear property line) and within an oceanward prolongation of the side property lines. D. E Street to Channel Road. No o „hments are eFmitte from a point 250 feet southeast of E Street to Channel Road_, with the exeeption of landseaping t-Fee, existing pito Oeteber-22, 1991 and gfeunQEeven A maximum of 15 feet oceanward of the rear(ocean facing,) property line within the oceanward prolongation of the side property lines. 3.1.3-4. Limit encroachments within encroachment zones as follows: A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building permit. B. Prohibit pressurized irrigation lines and valves. C. Prohibit any object that exceeds 36 inches in height,with the exception of landscaping. D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources. E. Require landscaping to be designed and maintained to avoid impacts to public access and views. F. Restrict landscaping in dune habitat areas to native vegetation. 3.1.3-5. Require annual renewal of encroachment permits and a fee. 3.1.3-6. Require encroachment permits to specify that the property owner waives and gives up any right to contest the validity of the oceanfront street easement, and that the encroachment permit is revocable, without cause, if the City proposes to construct public improvements within that zone. 3.1.3-7. Require encroachment permits to specify that the construction of any seawall,revetment or other erosion control devices, if necessary, shall occur within, or as close as feasible to, private property. 3.1.3-8. Incorporate into the implementation plan regulations specifying the types of improvements permitted within encroachment zones, a prohibition on improvements that could impair or restrict public access or views, procedures for the encroachment permit applications, City administration of the policy, and other appropriate provisions. 3.1.3-9. As mitigation for any impact on beach access resulting from the encroachments: Planning Commission Resolution No. XXXX Page 4 of 4 A. Maintain 33 street ends between 36th Street and Summit to provide an average of 2 parking spaces per street, and additional spaces where feasible. B. Meter West Newport street end parking spaces in the same manner as the West Newport Park in order to encourage public use of the spaces. C. Maintain a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway shall extend oceanward a sufficient distance to allow a view of the surfline by an individual seated in a wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end and at least one other handicapped parking space at one other West Newport street end. ED. Modify the existing hard surface walkways located perpendicular to East Ocean Front to comply with the Americans with Disability D.E. Require a minimum of 85 percent of the fees generated by encroachments will be used for the construction and maintenance of improvements which directly benefit the beach- going public such as parking spaces, restrooms, West Newport/peninsula shuttle pro rg am, vertical or lateral walkways along the beach and similar projects. Attachment No. PC 2 Coastal Land Use Plan Policy 3.1.3 i3 �� QP �� P P�" O� �� \�� Orange County, and private organizations to protect, expand and enhance public access to and along coastal bluffs. 3.1.3 Beach Encroachments On June 11, 1991, the Coastal Commission approved the Oceanfront Encroachment Policy (Amendment No. � 23), which established a policy and G ` mitigation program relating to private improvements within the Oceanfront y; public right-of-way. The City Councilor finalized this policy with the adoption of u Resolution No. 91-80 on July 11, 1991. This policy established conditions and restrictions on the nature and extent of F these improvements and a mitigation program involving the reconstruction of West Newport street end 33 unimproved street ends between 36th Street and Summit Street to provide additional parking and improved public access. In 2002, the final five street ends were reconstructed. Pursuant to the mitigation program, a minimum of 85 percent of the encroachment fees will be used for the construction and maintenance of improvements which directly benefit the beach- going public such as parking spaces, restrooms, vertical or lateral walkways along the beach and similar projects. Policies: 3.1.3-1. Continue to maintain and improve the Oceanfront public right-of-way for public access purposes. 3.1.3-2. Continue to restrict the nature and extent of improvements that may be installed over public rights of way on the oceanside of beachfront residences and to preserve the City's right to utilize oceanfront street easements for public projects. 3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones: A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear(ocean facing) property line within the oceanward prolongation of the side property lines. Local Coastal Program Coastal Land Use Plan 3-13 -5 B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. C. 36th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the inland edge of the Oceanfront Boardwalk (7 to 8 feet oceanward of the rear property line) and within an oceanward prolongation of the side property lines. D. E Street to Channel Road. No encroachments are permitted from a point 250 feet southeast of E Street to Channel Road, with the exception of landscaping trees existing prior to October 22, 1991 and groundcover. 3.1.3-4. Limit encroachments within encroachment zones as follows: A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building permit. B. Prohibit pressurized irrigation lines and valves. C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping. D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources. E. Require landscaping to be designed and maintained to avoid impacts to public access and views. E. Restrict landscaping in dune habitat areas to native vegetation. 3.1.3-5. Require annual renewal of encroachment permits and a fee. 3.1.3-6. Require encroachment permits to specify that the property owner waives and gives up any right to contest the validity of the oceanfront street easement, and that the encroachment permit is revocable, without cause, if the City proposes to construct public improvements within that zone. 3.1.3-7. Require encroachment permits to specify that the construction of any seawall, revetment or other erosion control devices, if necessary, shall occur within, or as close as feasible to, private property. Local Coastal Program Coastal Land Use Plan 3-14 3.1.3-8. Incorporate into the implementation plan regulations specifying the types of improvements permitted within encroachment zones, a prohibition on improvements that could impair or restrict public access or views, procedures for the encroachment permit applications, City administration of the policy, and other appropriate provisions. 3.1.3-9. As mitigation for any impact on beach access resulting °. from the encroachments: ,t A. Maintain 33 street ends between 36th Street and Summit to provide an average of 2 parking spaces per street, and additional spaces where WR feasible. _. B. Meter West Newport street West Newport street end improvements end parking spaces in the same manner as the West Newport Park in order to encourage public use of the spaces. C. Maintain a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway shall extend oceanward a sufficient distance to allow a view of the surfline by an individual seated in a wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end and at least one other handicapped parking space at one other West Newport street end. D. Require a minimum of 85 percent of the fees generated by encroachments will be used for the construction and maintenance of improvements which directly benefit the beach-going public such as parking spaces, restrooms, vertical or lateral walkways along the beach and similar projects. Local Coastal Program Coastal Land Use Plan 3-15 NA { w `•:�fi rrrr¢. C7. .... AVE E e . •+/f /)r�f��' Lfi` �,. � t-. �a'T �l .. - 'f��•� :-L.�i k- L�_ i, t � h� K - - BALBOA BLVD E f,. ''. '- %'�a fir'� .1' - Y •i � 's SEk �l ,•.• II ZUN Q T PLAZA DEL NORTE A W i CA24 r O• rJ yC S�/ J W 7 a� t �AD'4 4t,- 0c, V-O t � r I - 1 I f OCrA r • ; .%P� i ent FqN FRp NTE J O � Planning CommissionV April • C9��FOFz�`P • '+.�� `( 1 �• . _� �.� �� j .. �,' '% ••v, ;�fir, �:�, \. !c � L y fes.•, 1,,._ /' .. � ' 1 , �,i � 'R'? ;.:.... `�,e ,.`1W-19 Planning Commission - April 9, 2015 Item No. 3a: Additional Materials Prese t Meeting Coastal Land Use Plan and City Council Policy L-12 Amendment: Oceanfront Encroachment Progr 3-057) Encroachment Tes v /► ' SIM : A-mM , r _rz 1�, �\�A ,% Ir• � it 1 •,,, �`L �`�• ,�- ~',y 07/13/2012 Community Developr Planning Commission - April 9, 2015 Item No. 3a: Additional Materials Presented at Meeting Coastal Land Use Plan and City Council Policy L-12 Amendment: Oceanfront Encroachment Program (PA2013-057) Encroachment Tes rl I ' L It A. 1 r r`'.. ,.�r� y.��.�.'.` »• �' w"�" �, , '.C�!S .. •• ••ter!�.r� . � � ice,;,... - t..•.'a .ny. ,.q s�. ,:,C_. ` k - ' :' � P �.�� 1 w r 07/13/2012 Community Development Depart Planning Commission - April 9, 2015 ■ Item No, 3a: Additional Materials Presented at Meeting E x' .-.p-Ling Flan UPcflolci cyn ga&Vnent: Oceanfront Encroachment Program (PA2013-057) E Street to Channel Road Coastal Land Use Plan POlicY 3 . 1 . 3 -3 No encroachments are permitted Exceptions : Trees existing prior to October 22, 1991 Groundcover Planning Commission - April • Program , 2015 Item 3a: Additiona laterials Presented at Meeting rfMC M g3j�nent_ (h (PA2013-057) Program uWO `��e•'�, fes, 1. Co .Va rf Planning Commission - April 9, 2015 Item No. 3a: Additional Materials Presented at Meeting Coastal Land Use Plan and City Council Policy L-12 Amendment: Oceanfront Encroachment Program (PA2013-057) :L5 =foot R -Way r y XIj. ,f J, .(r H . t � l _ r I/ y" 07/13/2012 Community Development Department- Planning Division Planning Commission - April 9, 2015 ■ Item No. 3a: Additional Materials Presented at Meeting Provwsedn LUP ci �CY n=: Oceanfront Encroachment Program (PA2013-057) E Street to Channel Road Coastal Land Use Plan POlicY 3 . 1 . 3 -3 Prohibit anything that requires a building permit No pressurized irrigation No objects above 36 inches No impacts to public access No landscaping in dune habitat Planning Commission - April 9, 2015 Item No. 3a: Additional Materials Presented at Meeting Coastal Land Use Plan and City Council Policy L-12 Amendment: Oceanfront Encroachment Program (PA2013-057) Potential Solut "ion Create Encroachment Program Removal and Replacement Plan for area beyond 15 -feet v. i -- rte► L '-- .. ------------ ......------- I � �. �_ I ~ r Aac ♦ � F. r 4 � r �- 07/13/2012 Community _ - Planning Commission - April 9, 2015 Item No. 3a: Additional Materials Presented at Meeting Coastal Land Use Plan and City Council Policy L-12 Amendment: Oceanfront Encroachment Program (PA2013-057) • � 1 J i 1 �