Loading...
HomeMy WebLinkAbout1978 - 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. RESOLUTION NO. 1978 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 12, 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 oceanward 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. 1978 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: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTAIN: None ABSENT: Lawler Larry Tucker, Chairman BrJ J e s, S retary Planning Commission Resolution No. 1978 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 maximwn 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. From a point 250 feet southeast of E Street to Channel Road. , 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 constrict 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: 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. Planning Commission Resolution No. 1978 Page 4 of 4 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. D. Modify the existing hard surface walkways located perpendicular to East Ocean Front to comply with the Americans with Disability Act. E. Remove any unpermitted development beyond the 15 foot area, or development within the 15 foot area which an Encroachment Permit has not been issued, for properties located from a point 250 feet southeast of E Street to Channel Road. F. Require a minimum of 85 percent of the fees generated by encroachments will be used for the constriction and maintenance of improvements which directly benefit the beach- going public such as parking spaces, restrooms, West Newport/peninsula shuttle program, vertical or lateral walkways along the beach and similar projects.