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HomeMy WebLinkAbout16 - Amendments to Coastal Land Use Plan and Policy L-12 and the Establishment of a Comprehensive Program for Properties Along East Ocean FrontPpRr CITY OF O@� V BEACH °q�,FOR�P City Council Staff Report July 26, 2016 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-949-644-3297 TITLE: Amendments to Coastal Land Use Plan and Policy L-12 and the Establishment of a Comprehensive Program for Properties Along East Ocean . Front to Allow Encroachments and to Remove Unpermitted Development Beyond the Encroachment Area (PA2013-057) ABSTRACT: In 2012, several property owners along East Ocean Front, in the area from E Street to Channel Road, received Notices of Violation from the California Coastal Commission regarding unpermitted development on public properties. A comprehensive encroachment program, similar to the program in place for West Ocean Front, could remedy this issue for unpermitted development in the City's 15 -foot right-of-way. Removal of unpermitted improvements and replacement with appropriate materials would be required for the areas beyond the City's15-foot right-of-way. In order for City Council to approve the proposed program, appropriate amendments to the City of Newport Beach Coastal Land Use Plan and City Council Policy L-12 are required. RECOMMENDATIONS: a) Conduct a public hearing; b) Determine that the Coastal Land Use Plan amendment, per California Public Resources Code Section 21080.9 and California Environmental Quality Act ("CEQA") Regulation Section 15265, exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; 16-1 East Ocean Front Comprehensive Program July 26, 2016 Page 2 c) Determine that the Council Policy L-12 Amendment and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures of the CEQA Guidelines; d) Adopt Resolution No. 2016-92, A Resolution of the City Council of the City of Newport Beach, California, Approving Coastal Land Use Plan Amendment No. LC2013-002, Council Policy L-12 Amendment, and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program (PA2013- 057); and e) Authorize staff to submit the Coastal Land Use Plan Amendment and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program to the California Coastal Commission for review and action. FUNDING REQUIREMENTS: There are funding implications associated with the ultimate implementation of the encroachment program within the City's right-of-way adjacent to East Ocean Front and the removal and replacement of unpermitted development beyond the City's 15 -foot right-of-way. These costs are discussed below in conjunction with these two program components. DISCUSSION: Location The proposed comprehensive program includes the 66 properties located on East Ocean Front, from and including 1400 East Ocean Front to Channel Road (at the Wedge) in the Peninsula Point community. Many of these properties have associated encroachments on the adjacent public property that include landscaping, fences, irrigation, and hardscape, and the improvements have existed beyond the private property lines 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. 16-2 East Ocean Front Comprehensive Program July 26, 2016 Page 3 VICINITY MAP The area proposed for the encroachment plan 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 replacement with appropriate materials would be required for the areas beyond 15 feet. 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 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 indicated to staff that they have identified fifty-eight properties with encroachment violations. 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. Staff also met with 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 requires the City's involvement. To that end, an encroachment plan, similar to the program applied to West Ocean Front, could remedy this issue for the 15 -foot right-of-way. This program allows limited 16-3 East Ocean Front Comprehensive Program July 26, 2016 Page 4 improvements in the City's right-of-way pursuant to the approval of an encroachment permit and the payment of an annual fee. On February 11, 2013, the City Council conducted a study session to consider the issue, and at the regular meeting, City Council initiated an amendment to the Coastal Land Use Plan (CLUP) Policy 3.1.3 Beach Encroachments and City Council Policy L-12 for purposes of establishing an encroachment plan for East Ocean Front. On April 9, 2015, the Planning Commission reviewed the CLUP amendment and recommended the City Council approve the amendment by adoption of a resolution (Attachment B). However, since the Planning Commission's action on the CLUP, staff determined the properties located at 1317, 1319, 1320, 1322, 1324, 1350, 1354, 1358 Balboa Boulevard and 107 G Street were located adjacent to public tidelands, and not the City's right-of-way, as originally thought. Therefore, these properties cannot be included in the proposed encroachment program, and staff has modified the recommended CLUP language amendment to reflect this determination. Fortunately, unpermitted development in this area appears limited, but will require additional evaluation. East Ocean Front Comarehensive Encroachment and Removal/Replacement Proaram The proposed comprehensive program includes two components (Attachment A, Exhibit A-3): The encroachment plan that allows limited improvements within the City's 15 -foot right-of-way in conjunction with obtaining an encroachment permit and paying an annual fee, to be used for other visitor -serving uses. The removal and replacement plan for the unpermitted development beyond the City's public right-of-way. Encroachment Plan Currently, CLUP Policy 3.1.3 Beach Encroachments establishes a policy and mitigation program related to private improvements along the City's oceanfront right-of-way from the Santa Ana River to Channel Road. Specifically, the policy establishes four encroachment zones, permitted encroachments in each zone, permit and fee requirements, and the use of the fees for mitigation related to public beach access. The encroachment zone defined as "E Street to Channel Road" currently prohibits any type of development, with the exception of trees and ground cover. The proposed amendment will apply the same regulations to all the identified zones where there is an oceanfront public right-of-way adjacent to the private property. The proposed amendment language identifies "1400 East Ocean Front to Channel Road" as an encroachment zone where the same limited improvements are allowed (Attachment A, Exhibit A-1 and Attachment D). 16-4 East Ocean Front Comprehensive Program July 26, 2016 Page 5 Allowed Improvements: The improvements that would be allowed are currently specified in the CLUP in 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. Encroachment Permit and Annual Fee: In conjunction with a property owner obtaining an encroachment permit, an annual encroachment fee would also be required. Council Policy L-12 establishes the permit requirement and establishes that the fees are based on the average depths of the encroachment. The depths are: 0-5 feet 7-7.5 feet 7.5- 10 feet 10-15 feet The necessary amendments to Council Policy L-12 are contained in Attachment A, Exhibit A-2 and the redlined version is in Attachment D. Fee Establishment: In order to establish an encroachment fee for this area, a market study was conducted in November 2015 to determine encroachment rates reflective of open market value for the project area in accordance with Council Policy F-7, (Attachments C). The study concluded that the annual fee for Peninsula Point would be $6.50 per square foot of encroachment. As an example of the fee range, for Peninsula Point properties, with a lot width of 45 feet, the annual fee would range from $728 to $3,656 depending on the depth of the encroachment. As a comparison, the existing annual fees for the West Newport Encroachment Program range from $345 to $1,037 per property. The West Newport program was initially established in Fiscal Year 1991-92, and the fees have been increased annually based upon the consumer price index. In Fiscal Year 2015-16, the City collected $220,635 in annual fees for West Newport from 277 participating properties. Staff does recommend that the City Council adopt a fee for East Ocean Front that is consistent with Council Policy F-7, but staff does not recommend adopting the fee at this time. Rather staff recommends that the fee be adopted after the program receives all necessary Coastal Commission approvals. Staff expects a lengthy timeframe to 16-5 East Ocean Front Comprehensive Program July 26, 2016 Page 6 process the application because a CLUP amendment is required, and depending on the Commission's action, it may be necessary to update the market study or make adjustments in assumptions. The fees shall be set at fair market value, using one or more appraisals. Public Beach Access Improvements: The CLUP requires that the annual encroachment fees be used to improve public beach access. The mitigation program included in Policy 3.1.3-9 has generally been completed. Therefore, staff is recommending that "transportation alternatives" be added to Policy 3.1.3-9 as an additional method to improve beach access to the West Newport/Balboa Peninsula area. These new transportation alternative amenities could include, but are not limited to: 1. A free shuttle program for Balboa Peninsula. The City has received a grant from the Orange County Transportation Authority and intends to have the program operating in the summer of 2017. The encroachment fees could also serve as funding a source for the long-term operation of the shuttle service. 2. Improving the boardwalk transition at E Street to Ocean Boulevard. 3. Improving pedestrian and bicycle access in the McFadden Square area; 4. Providing additional parking on Balboa Peninsula. This could include increased parking on the Peninsula, such as at the Palm Street lot, or at an off-site location that is tied to the shuttle system 5. Improving the safety of the existing boardwalk for all types of users. 6. Improving ADA access to sandy beach areas. Additionally, the fees could be used to improve beach access by increasing lifeguard hours and presence at the Balboa Peninsula Point beaches, including the Wedge. The use of the encroachment fees for any of the improvements listed above would be subject to appropriate public review and permits, including a coastal development permit if required. Removal and Replacement Plan In respect to the unpermitted development beyond the City's right-of-way, the City retained a biologist to assess the encroachments and to develop a removal plan. The biologist conducted a parcel -level inventory of the unpermitted development on the public beach (Attachment A, Exhibit A-3). The proposed plan would remove the ornamental improvements and invasive vegetation in stages over a three-year period, while encouraging existing native coastal strand vegetation and introducing appropriate groundcover (such as dunes grasses versus non-native iceplant) in the removal areas, so that large areas of sand are not made unstable at any time during the process. The plan also includes a three-year maintenance and monitoring program. 16-6 East Ocean Front Comprehensive Program July 26, 2016 Page 7 Plan Costs: Appendix A of the plan includes a cost estimate of approximately $250,000 for removing the unpermitted development beyond the 15 -foot encroachment area and the three-year monitoring effort. The Plan also provides the costs for each affected parcel which range from less than $100 to over $5,000. To maintain a comprehensive and integrated approach, staff recommends that the City implement the Removal and Replacement Plan and recover all or a portion of the costs from the appropriate adjacent property owners. The specific costs can be determined at the time the City moves forward with the plan. Summary This program provides a comprehensive approach that allows the residents of the East Ocean Front area limited use of the City's 15 -foot right-of-way that is similar to what is currently allowed in West Newport, while also providing a comprehensive plan for the City to remove and replace the unpermitted development on the public beach. The City will use the encroachment fees collected through this plan to further enhance public access to the Balboa Peninsula and West Newport ocean beaches. The proposed program cannot be implemented until the Coastal Commission approval the Coastal Land Use Plan Amendment is final and the appropriate coastal permit for the program is issued. The Council Policy L-12 amendment will become effective once the Coastal Land Use Plan approval is final. ENVIRONMENTAL REVIEW: Staff recommends the City Council find that 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 CLUP 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. Furthermore, staff recommends that the City Council find that the Council Policy L-12 Amendment and the proposed East Ocean Front Comprehensive Encroachment and Removal and Replacement Program are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures of the CEQA Guidelines. 16-7 East Ocean Front Comprehensive Program July 26, 2016 Page 8 NOTICING: 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 notified for the subject hearing. Noticing was also conducted in compliance with California Public Resources Code Section 30514 for the processing of amendments to the CLUP. ATTACHMENTS: Attachment A — Draft Resolution Attachment B — Planning Commission Resolution No. 1978 and Meeting Minutes Attachment C — Council Policy F-7 Attachment D — Redlined Version of Amendments Attachment A Draft Resolution MWO RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL LAND USE PLAN AMENDMENT NO. LC2013-002, COUNCIL POLICY L-12 AMENDMENT, AND THE EAST OCEAN FRONT COMPREHENSIVE ENCROACHMENT AND REMOVAL AND REPLACEMENT PROGRAM (PA2013-057) WHEREAS, on February 12, 2013, the City Council of the City of Newport Beach ("City") initiated an amendment to the City's 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 Ocean Front ("Amendment"); WHEREAS, the Amendment applies the criteria of the existing encroachment program defined in Coastal Land Use Plan Section 3.1.3 Beach Encroachments to the area known as the proposed encroachment zone from 1400 East Ocean Front to Channel Road. The Amendment also expands upon the beach access mitigation program detailed in Coastal Land Use Plan Policy 3.1.3-9; WHEREAS, 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 Amendment will not become effective until it is approved by the California Coastal Commission; WHEREAS, Council Policy L-12 establishes a procedure for approval of permitted encroachments and extent of encroachments, and the Council Policy L-12 Amendment establishes an encroachment zone from 1400 East Ocean Front to Channel Road. The Council Policy L-12 Amendment will become effective at such time the Amendment is effective; WHEREAS, the Planning Commission conducted a public hearing on April 9, 2015, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Following consideration of evidence, both written and oral, the Planning Commission voted to recommend the City Council approve the Amendment by adoption of Resolution No. 1978; and WHEREAS, the City Council conducted a public hearing on July 26, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. 16-10 Section 2: The City Council does hereby find: 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, Council Policy L-12 Amendment, and the East Ocean Front program will provide consistency with the existing and anticipated use of the public right-of-way located oceanward and parallel to the residential properties on East Ocean Front, establish fees and mitigation measures to maintain public access within the public right-of-way, and remove and replace unpermitted development. Section 3: The City Council of the City of Newport Beach hereby approves Coastal Land Use Plan Amendment No. LC2013-002, as shown on Exhibit A-1, Council Policy L-12 Amendment, as shown on Exhibit A-2, and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program, as shown on Exhibit A-3, which are attached hereto and incorporated by reference. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds that 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 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. Furthermore, the City Council finds that the amendment to Council Policy L-12 and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures of the CEQA Guidelines, because the program only allows minor improvements that have no potential to have a significant effect on the environment. 16-11 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution; however, the amendments and program provided in this resolution shall not become effective until such time the Amendment is approved by the California Coastal Commission and in effect. ADOPTED this day of , 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk Attachments: Exhibit A-1: Coastal Land Use Plan Amendment No. LC2013-002 Exhibit A-2: Council Policy L-12 Amendment Exhibit A-3: East Ocean Front Comprehensive Encroachment and Removal and Replacement Program 16-12 Exhibit A-1 Coastal Land Use Plan Amendments 16-13 City of Newport Beach Coastal Land Use Plan Amendments to Chapter 3.0 Public Access and Recreation Section 3.1.3 Beach Encroachments Policies 3.1.3-3 through 3.1.3-9 "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 107 G Street. No encroachments are permitted from a point 250 feet southeast of E Street to and including 107 G Street, with the exception of landscaping trees existing prior to October 22, 1991 and groundcover. E. 1400 East Ocean Front 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 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. 16-14 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: 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. D. Require a minimum of 85 percent of the fees generated by encroachments will be the beach -going public such as parking spaces, transportation alternatives, restrooms, vertical or lateral walkways along the beach and similar projects." 16-15 Exhibit A-2 Council Policy L-12 16-16 OCEANFRONT ENCROACHMENT POLICY The City Council has approved Amendment No. 23 to the Land Use Plan of the Local Coastal Program, which established specific restrictions and conditions on the installation of private improvements in the public right of way along the oceanfront from t he Santa Ana River Channel to Channel Road. Existing encroachments are located on a very small portion of the sandy beach and do not impact any of the 89 street ends and other public facilities which provide beach access through oceanfront residential communities. However, encroachments could impact access to, and public use of, the beach in the absence of an equitable and enforceable City policy limiting the extent, size and nature of the encroachments. This policy is intended to implement Amendment No. 23 by establishing a procedure for approval of permitted encroachments, removal of prohibited encroachments, limiting the extent of encroachments, and clarification of improvements permitted within each encroachment zone. A. Definitions. 1. For the purpose of this Section, the following words and phrases shall be defined as specified below: a. Existing encroachment shall mean any encroachment or improvement installed or constructed before May 31, 1992. b. New encroachment shall mean any encroachment or improvement installed or constructed after May 31, 1992. C. Improvements or Encroachments shall mean any object or thing: within or oceanward of any encroachment zone described in this policy; ii. within or oceanward of the north edge of the Oceanfront Boardwalk, between 36th Street and A Street; or iii. oceanward of any residential parcel from a point 250 feet southeast of E Street to Channel Road. 16-17 is d. Encroachment p e rm i t shall mean the permit issued by the Public Works Director authorizing the maintenance or installation of encroachments or improvements within the encroachment zones described in this policy. e. Application shall mean any application for an encroachment permit pursuant to the provisions of this policy and the land use plan of the local coastal program. f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean the concrete walkway along the oceanside of ocean front residential properties between 36th Street and a point approximately 250 feet southeast of E Street. Encroachment Zones. Subject to compliance with the provisions of this policy: 1. The owner of any ocean front residential parcel between the Santa Ana River and 52nd Street may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 2. The owner of any oceanfront residential parcel between 52nd Street and 36th Street may install improvements on the ocean side of the parcel up to a maximum of 10 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel 3. The owner of any oceanfront residential parcel between A Street and a point 250 feet southeast of E Street may install improvements up t o the sidewalk and within an oceanward prolongation of the property lines on the side of the parcel. 4. The owner of any oceanfront residential parcel between and including 1400 East Ocean Front and Channel Road may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. Prohibited Encroachments. 1. Encroachments and improvements are prohibited oceanward of private property between 36th Street and A Street provided, however, the northerly edge of Oceanfront Boardwalk in this area is not always coincident with the oceanward private property line and improvements northerly of the north edge of the sidewalk are not considered encroachments or prohibited by this policy. 2. Encroachments, including irrigation systems, and improvements are 16-18 prohibited oceanward of any ocean front parcel from a point 250 feet southeast of E Street to and including 107 G Street, provided existing trees which have been planted and maintained in conformance with City Council policy, and ground cover such as ice plant or indigenous plants are not considered to be an encroachment, and will not require a permit pursuant to this policy, but the City reserves the right to remove, trim or otherwise, control the type and extent of any such landscaping. 3. Any existing encroachment or improvement for which no application has been filed on or before May 31, 1992, and any new encroachment or improvement for which no application is filed prior to installation is prohibited. 4. Any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this policy is prohibited. 5. Any new or existing encroachment or improvement for which there is no valid permit. D. Permitted Encroachment/Improvements. Subject to compliance with the provisions of this policy, the following improvements are permitted within the encroachment zones described in Section B: 1. Patio slabs or decks no higher than six inches above grade or the finished floor grade of the adjacent residence. The Public Works Director may approve minor dimensional tolerances for patio slabs and decks only upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section J. 2. Walls and/or fences less than 36 inches in height above grade or the finished floor grade of the existing residence. The Public Works Director may approve minor dimensional tolerances for walls and/or fences upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section I 3. Existing improvements which were constructed in conjunction with development for which a building permit was issued may be approved by the Public Works Director upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. 4. In no event shall the Public Works Director approve a permit for an encroachment or improvement that varies more than 12 inches from the horizontal dimensional standards of this policy. 16-19 E. Prohibited Improvements. 1. Except for perimeter walls and/or fences less than 36" in height, any structural, electrical, plumbing or other improvements which require issuance of a building permit. 2. Pressurized irrigation lines and valves. 3. Any object which exceeds 36 inches in height, exclusive of the following: a. trees planted by the City of Newport Beach or private parties pursuant to written policy of the City Council of the City of Newport Beach; or b. any landscaping or vegetation within the encroachment zone subject to the following: i. The vegetation or landscaping was installed prior to the first effective date of this policy; ii. The vegetation or landscaping does not block views from adjoining property; iii. The vegetation or landscaping does not function as screen planting as defined in Title 20 of the Newport Beach Municipal Code; and iv. The vegetation or landscaping does not impair or affect the health, safety or welfare of persons using the oceanfront Walk, nearby property owners, or residents of the area. V. New plant materials that have been approved under a separate California Coastal Commission permit. Notwithstanding the provisions of this Subparagraph, the City reserves the right to reduce the height of any existing landscaping at any time, upon a determination by the Public Works Director, and after notice to the owner of property on which the vegetation or landscaping exists, that a reduction in height is necessary or appropriate given the purposes of this policy. F_ Permit Process. 1. An encroachment permit shall be required for all permitted improvements. The application shall be filed with the Public Works Department on a form provided by the City. The application shall be signed by the owner of the property, or an agent of the owner if the application is accompanied by a document, signed by the owner, granting the agent the power to act for the owner with respect to the property. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. Applications with incomplete information a n d /or i n a d e q u a t e drawings will not be accepted. 16-20 2. Applications for existing encroachments must be filed on or before May 31, 1992. Applications for new encroachments shall be filed before any encroachment or improvement is installed. No new encroachments or improvements shall be installed without an encroachment permit. 3. Upon receipt of the application, the Public Works Director shall, within fifteen (15) days after the date of filing, determine if the application is complete or if additional information is necessary or appropriate to an evaluation of the application. In the event the application is incomplete or additional information is necessary, written notice to that effect shall be sent to the property owner within twenty (20) days after the application is filed. 4. With respect to applications for existing encroachments, an inspection shall be conducted of all improvements within the encroachment zone before a permit is issued by the Public Works Director. With respect to applications for new encroachments, an on site inspection will be conducted after installation of the improvements to insure conformity with provisions of the permit and this policy. 5. The Public Works Director shall approve the permit upon a determination that the encroachments proposed to be constructed, or to remain, are permitted by this policy, the applicant has agreed to abide by all of the terms and conditions imposed on the permit, and the applicant has paid all fees required by this policy. 6. The Public Works Director shall have the authority to condition his/her approval of the encroachment permit as necessary or appropriate to insure compliance with the provisions of this policy. The Public Works Director shall have the specific authority t o condition approval o f an encroachment permit on the removal of nonconforming improvements within a specified period of time. 7. The Public Works Director shall notify the applicant of his/her decision within sixty (60) days after the application is filed and the decision of the Public Works Director shall be final. G. Term. 1. Except as provided in this Section, annual encroachment permits shall expire on June 30 of each calendar year. 2. Encroachment permits issued prior to June 30, 1992 shall expire June 30, 1993. H. Renewal. I- Annual renewal fees shall be due and payable on or before May 31 16-21 preceding the annual term of the permit. For example: Annual renewal fees due on May 31, 2001, are for the period July 1, 2001 through June 30, 2002. 2. The Public Works Director shall approve annual renewal if: a. The applicant has complied with all standard and special conditions of approval; b. The applicant has constructed only those i m p r o v e m e n t s and encroachments authorized by the permit; C. The applicant is in compliance with all of the provisions of this policy. I. Standard Conditions. 1. The Public Works Director shall impose standard conditions of approval on all encroachment permits. These standard conditions shall include, without limitation, the following: a. The obligation of permittee to comply with all of the provisions of this policy and all conditions imposed upon the permit. b. The right of the Public Works Director to revoke any permit after notice and hearing i f the permittee is in violation of this policy or conditions to the permit. C. The right of the City to summarily abate encroachments or improvements which are prohibited by this policy or conditions on the permit upon ten (10) days written notice. d. The obligation of permittee to pay all costs incurred by the City in summarily abating any prohibited improvement. e. The obligation of permittee to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment. f. Permittee's waiver of any right to contest the City's street and public access easement over property within or oceanward of the encroachment zones. g. The right of the Public Works Director or his designee to inspect improvements within the encroachment zone without notice to the permittee. h. The right of the City to cancel or modify any, or all, encroachment permit(s) upon a determination by the City Council to construct a public facility or improvement within or 16-22 adjacent to the encroachment zone. 2. The construction of any seawall, revetment or other device necessary to control erosion, shall occur as close to private property as feasible. Erosion control devices shall not be placed or installed closer to the ocean to protect improvements or encroachments. 3. The Public Works Director may impose additional standard conditions necessary or appropriate to insure compliance with, or facilitate City administration of this policy. J. Determination of Grade. 1. The nature of the beach makes a precise determination of grade difficult. The level of the sand changes with wind, storm, and tidal conditions. The Public Works Director shall determine the level from which the height of encroachments and improvements is to be measured. In making this determination, the Public Works Director shall consider the following criteria: a. The existing grade in the area; b. Finished floor elevation or grade of the adjacent residence; C. The elevation of existing encroachments on site and on adjacent properties; d. Any data on the historic elevation of the beach in that area. K. Annual Fee. 1. The fees based on the depths of encroachment shown below shall be established by resolution of the City Council and paid annually as a condition of the issuance of encroachment permits: Depth of Encroachment 0-5feet 5-71/2 feet 71/2-10feet 10- 15feet 2. For purposes of determining fees, the average depth of the encroachment shall be used. However, the maximum depth shall not exceed t h e limitations specified in Section B. A dimensional tolerance not to exceed 12 inches may be allowed in determining the appropriate fee to be paid by persons with existing encroachments. 3. The annual fee shall be due and payable upon submittal of the 16-23 application for the initial encroachment permit. Renewal fees shall be due May 31 of each y e a r. The f e shall be considered delinquent thirty (30) days thereafter. Delinquent fees shall be established by resolution of the City Council. 4. The annual fee shall be used t o defray C i t y costs of administration, incidental costs of improvements on street ends along the oceanfront, and incidental costs to enhance public access and use of the ocean beaches. At least eighty-five (85%) percent of the fees shall be used by the City to implement the mitigation plan as required by Amendment No. 23 to the Land Use Plan of the City's Local Coastal Program. (See Section M.) L. Violations/Remedy. 1. The City shall, in addition to any right or remedy provided by law, have the right to do any or all of the following in the event a permittee is in violation of the provisions of this policy or any condition to the permit, or any encroachment or improvement violates the provisions of this policy: a. Revoke the permit after giving the permittee notice and an opportunity to be heard upon a determination that there is substantial evidence to support a violation of this policy. The Public Works Director shall establish the specific procedures designed to insure that permittee receives due process of law. b. Summarily abate any encroachment or improvement violative of this policy after giving the permittee or property owner ten (10) day's written notice of its intention to do so in the event the permittee or property owner fails to remove the encroachment or improvement. The permittee or property owner shall pay all costs incurred by the City in summarily abating the encroachment or improvement. The determination of the Public Works Director with respect to abatement shall be final. M. Land Use Plan of Local Coastal Program Mitigation Plan. To mitigate any impact on beach access resulting from the encroachments the City shall: 1. Reconstruct thirty-three unimproved street ends between 36th Street and Summit to provide additional parking and approved access in accordance with the following: a. The reconstruction shall provide a minimum, where feasible, of two parking spaces per street end and shall proceed in substantial conformance with the standard drawing, attached as exhibit "A." b. The City shall use at least eighty-five percent (85%) of the fees to 16-24 fund reconstruction of street ends until all have been improved. The City will use its best efforts to improve three or more street ends per year (except during the year when vertical handicapped access is constructed), and anticipates that funding will be adequate to do so. C. West Newport street -end parking spaces shall be metered in the same manner as the West Newport Park in order to encourage public use of the spaces. 2. Within three years after Council approval of this Resolution, City shall construct 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. City shall designate at least one other handicapped space at one of the first three street ends improved. 3. Subsequent to the reconstruction of all West Newport street ends, at least eighty-five percent (85%) of the fees generated by encroachments will be used for the construction of improvements which directly benefit the beach going public such as parking spaces, transportation alternatives, rest rooms, vertical or lateral walkways along the beach and similar projects. [Attachment- Exhibit "A"] Adopted- November 26,1990 Amended -July 8, 1991 (Resolution 91-80) Amended- March 9, 1992 Amended- September 28, 1992 Amended -January 24, 1994 Amended- February 27, 1995 Amended- February 26, 1996 Amended- February 24,1997 Amended- March 22, 1999 Amended- May 8, 2001 Amended- October 10, 2006 Amended — Formerly L-14 16-25 f NR MYONAWNRYCYFir-CESS (COW L-12 VxhiW t "A., ! Etf PU;CHFD PREER E IL r� F PRORDI, STA -tut I 41) t-G%.Rl j0t,S kTRT f ROM 551' T4 99° SE���(3�E DRIVE 14 LA4pl ICES 2 7'5' FL I CITY OF NEWPORT BEHC TYPICRL 75 FEET STREET ENDS (DRAFT) EYMBIT 8 JFt rT Jw T£ t/mgl 16-26 Exhibit A-3 East Ocean Front Comprehensive Encroachment and Removal and Replacement Program 16-27 ►c3 Pv-44� �fl-�01 � East Ocean Front Comprehensive Encroachment and Removal and Replacement Program Adopted by Newport Beach City Council , 2016 16-28 East Ocean Front Comprehensive Encroachment and Removal and Replacement Program BACKGROUND Peninsula Point is one of Newport Beach's original residential neighborhoods with the tract maps having been recorded in the early 1920s. Located at the eastern end of Balboa Peninsula, the neighborhood borders the west side of the Newport Harbor jetty along the harbor entrance. The neighborhood is primarily developed with single-family homes, and as indicated in the aerial photograph, homes border the harbor area as well as the ocean beach. Although not developed with any type of improvement, the City owns a 15 -foot wide right-of-way adjacent to the ocean -facing properties from 1400 East Ocean Front to Channel Road (at the Wedge). Unpermitted encroachments into the City's right-of-way and onto the public beach have existed for some time. In 2012, the California Coastal Commission issued notices of violation to 15 property owners. These notices stated that the encroachments were on public property and are inconsistent with policies of the Coastal Act and the City's Coastal Land Use Plan, and therefore the development is required to be removed and the beach restored for public use. A total of 58 properties were identified as potentially in violation. PURPOSE The intent of this program is to create a comprehensive solution to the notices of violation issued by the Coastal Commission, and the program includes two components: • An Encroachment Plan that allows limited improvements within the City's 15 -foot right- of-way in conjunction with obtaining an encroachment permit and paying an annual fee, to be used for other visitor -serving uses; and • A Removal and Replacement Plan for the unpermitted development on the public beach beyond the City's public right-of-way and on other tidelands areas. 16-29 The program provides a means for property owners along East Ocean Front and a portion of G Street to encroach into the 15 -foot right-of-way at the rear (ocean -facing side) of their properties. It does not permit encroachments beyond this 15 -foot right-of-way and onto the public beach or other tidelands areas. Additionally the removal and replacement plan provides a City -implemented and coordinated approach to removing the unpermitted beyond the 15 - foot public right-of-way. It is important to note that this comprehensive program will require review and approval by the Coastal Commission prior to its implementation. The Encroachment Plan APPLICABILITY The encroachment plan is available to property owners along East Ocean Front from approximately G Street to Channel Road (see exhibits below). Property owners with existing encroachments into the City's right-of-way will be required to participate in the program or remove the unpermitted development in the right -of way. Property owners who do not have any improvements in the City's right-of-way would have no need to participate in the program. 1400 - 1580 East Ocean Front; g P 0 h�' rym 41 75 Fool Right of Way AR n-� n y � �I n 1700 - 2060 East Ocean Front 4 meq N °FFANFRD4. VA.- 15 Four Rlghl 01 1ay11i o� Rom Off R� 2100 - 2172 East Ocean Front - _ 2286 N 29 OCEAN BLVD 2 N N 1Soo 2 01 f oil, OCEAN FRONT ALLFYE o , N N v F � � N N OX/I�ph, ���►hoyQl,l��@p N N N ty°cFaNFW©�vT E 15 Fool Right lhlh of Way 16-30 ALLOWED IMPROVEMENTS The allowed improvements in the City's 15 -foot right-of- way are limited pursuant to the City's Coastal Land Use Plan which indicates the restrictions on the types of improvement allowed: • Any structural, electrical, plumbing or other improvements that require issuance of a building permit are prohibited. • Pressurized irrigation lines and valves are prohibited. • Any object that exceeds 36 inches in height, with the exception of landscaping, is prohibited. • Any encroachments that impact public access, recreation, views and/or coastal resources are Example of a West Newport Encroachment prohibited. • Landscaping must be designed and maintained to avoid impacts to public access and views. • Landscaping in dune habitat areas is restricted to native vegetation. West Newport Example PERMIT PROCESS So as an example, these standards may allow: • Low fences, walls, and/or hedges • Decorative plantings • Play equipment that is 36 inches or under in height • Patio slabs/decks • Stepping stones/paths City Council Policy L-12 details the process for obtaining an encroachment permit. An encroachment permit application will be reviewed and acted upon by the Public Works Department, and the application form shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all 16-31 proposed improvements and objects within the encroachment area. Council Policy L-12 is available on the City's website at www.newportbeachca.gov. FEES The City Council will adopt a fee schedule for the encroachment plan by resolution. Fees shall be set at fair market value, using one or more appraisals. USE OF FEES Coastal Land Use Policy 3.1.3-9 specifies that the fees collected through this encroachment plan will serve as mitigation for any impact on beach access resulting from the encroachments. The fees are to be used for construction and maintenance of improvements which directly benefit the beach -going public. Improving accessibility to the West Newport/Balboa Peninsula through transportation alternatives is one use for the fees. New transportation alternative amenities could include, but are not limited to: 1. A free shuttle program for Balboa Peninsula. The City has received a grant from the Orange County Transportation Authority and intends to have the program operating in the summer of 2017. The encroachment fees could also serve as funding source for the long-term operation of the shuttle service. 2. Improving the boardwalk transition at E Street to Ocean Boulevard. 3. Improving pedestrian and bicycle access in the McFadden Square area; 4. Providing additional parking on Balboa Peninsula. This could include increased parking on the Peninsula, such as at the Palm Street lot, or at an off-site location that is tied to the shuttle system 5. Improving the safety of the existing boardwalk for all types of users. 6. Improving ADA access to sandy beach areas. Additionally, the fees could be used to increase lifeguarding hours and presence at the Balboa Peninsula Point beaches, including the Wedge. The City's expenditures of the encroachment fees for any of the improvements listed above would be subject to appropriate public review and permits, including a coastal development permit if required. The Removal and Replacement Plan The purpose of the plan is to remove the ornamental improvements and invasive vegetation in stages over a three-year period, while encouraging existing native coastal strand vegetation and introducing appropriate groundcover (such as dunes grasses versus non-native iceplant) in the removal areas, so that large areas of sand are not made unstable at any time during the process. The plan also includes a three-year maintenance and monitoring program. The plan is contained in Attachment A. 16-32 Appendix A of the plan includes a cost estimate of approximately $250,000 for removing the unpermitted development beyond the 15 -foot encroachment area and the three-year monitoring effort. The Plan also provides the costs for each affected parcel which range from less than $100 to over $5,000. To maintain a comprehensive and integrated approach, the City will implement the Removal and Replacement Plan and recover all or a portion of the costs from the appropriate adjacent property owners. SUMMARY This program provides a comprehensive approach that allows the residents of the East Ocean Front area limited use of the City's 15 -foot right-of-way that is similar to what is currently allowed in West Newport, while also providing a comprehensive plan for the City to remove the unpermitted development on the public beach and then install appropriate native plantings that will stabilize the sand area. The City will use the encroachment fees collected through this plan to further enhance public access to the Balboa Peninsula and West Newport ocean beaches. ATTACHMENT Attachment A — Encroachment Removal and Replacement Plan 16-33 ATTACHMENT A Encroachment Removal and Replacement Plan 16-34 ENCROACHMENT REMOVAL AND REPLACEMENT PLAN PENINSULA POINT CITY OF NEWPORT BEACH ORANGE COUNTY, CALIFORNIA November 18, 2013 Prepared for: City of Newport Beach Contact: Brenda Wisneski 100 Civic Center Drive Newport Beach, California 92660 Telephone: (949) 644-3297 Prepared by: Glenn Lukos Associates, Inc. Contact: Sheri Asgari 29 Orchard, Lake Forest, CA 92630-8300 Telephone: (949) 837-0404 16-35 TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY..................................................................................... 1 II. PROJECT DESCRIPTION A. Responsible Parties.................................................................................................... 3 B. Project Location......................................................................................................... 3 C. Summary of Encroachments...................................................................................... 3 D. Local Coastal Program/Land Use Plan...................................................................... 4 E. Existing Native Plant Communities........................................................................... 5 F. Special -Status Wildlife Species................................................................................. 6 III. PROJECT GOALS A. Project Goals.............................................................................................................. 6 B. Schedule of Work...................................................................................................... 6 C. Responsible Parties.................................................................................................... 7 D. Biological Monitoring................................................................................................ 8 E. Contractor Education................................................................................................. 8 F. Cost Estimate............................................................................................................. 9 IV. WORK PLAN DURING ENCROACHMENT REMOVAL [PHASE 1] A. Responsible Parties.................................................................................................... 9 B. Survey/Staking........................................................................................................... 9 C. Baseline Data Collection............................................................................................ 10 D. Removal of Encroachments....................................................................................... 10 E. Erosion Control......................................................................................................... 11 F. Native Seed................................................................................................................ 11 V. WORK PLAN DURING THREE-YEAR MAINTENANCE [PHASE 2] A. Responsible Parties.................................................................................................... 12 B. Non -Native Vegetation Suppression.......................................................................... 12 C. Native Plant Establishment........................................................................................ 13 D. Trash Removal........................................................................................................... 14 E. Maintenance Schedule............................................................................................... 14 VI. MONITORING PLAN A. Performance Standards.............................................................................................. 15 B. Monitoring Methods.................................................................................................. 15 C. Monitoring Schedule.................................................................................................. 17 D. Annual Monitoring Reports....................................................................................... 17 Peninsula Point Encroachment Removal and Replacement Plan i November 18, 2013 16-36 TABLES 1. Cost Estimate............................................................................................................. 9 2. Coastal Strand Seed Mix............................................................................................ 12 3. Coastal Strand Supplemental seed Mix..................................................................... 13 4. Maintenance Schedule............................................................................................... 14 5. Monitoring and Reporting Schedule.......................................................................... 17 EXHIBITS 1. Regional Map 2. Vicinity Map 3. Encroachment Area Map 4. Encroachment Photograph Exhibit 5. Snowy Plover Critical Habitat Map APPENDICES A. Encroachment Type and Recommended Maintenance by Property B. Recommended Phasing Plan for Removals and Maintenance Peninsula Point Encroachment Removal and Replacement Plan November 18, 2013 ii 16-37 PENINSULA POINT ENCROACHMENT REMOVAL AND REPLACEMENT PLAN CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA I. EXECUTIVE SUMMARY This proposed Encroachment Removal and Replacement Plan (Plan/Project) addresses private improvements on an area of beach located along the southern (oceanfront) side of Balboa Peninsula between F Street and Channel Road, also known as Peninsula Point, in the City of Newport Beach (City), Orange County, California. Improvements consist of private landscaping elements including irrigated lawns, shrubs, trees, and groundcovers that have expanded beyond private property lines and onto City -owned public right-of-way and the public beach. The improvements are varied in terms of type and extent, and in some cases have occurred over several decades, and have been passed on through several owners to current owners. In some cases, improvements may predate the current City Land Use Plan (LUP) and ordinances governing permissible improvements oceanward. A few properties have no improvements on the beach, while other properties have improvements that extend up to 65-70 feet oceanward from the property lines. There is also variety in level of maintenance currently being performed on the landscaping, ranging from minimal or no maintenance leading to a "natural" appearance, to irrigated and mowed lawns, resembling well- maintained yards. In several cases, native coastal strand vegetation is interspersed with the ornamental vegetation, or beginning to establish in areas of less profuse ornamental vegetation. In addition to lawns and other ornamental landscape features, a significant component of the vegetation consists of hottentot fig "iceplant" (Carpobrotus edulis), an invasive exotic species that has historically been planted in coastal areas for erosion control purposes and currently occurs throughout areas of coastal strand, including areas outside of the encroachment zones above the high tide mark. Local residents are concerned that removal of the iceplant would jeopardize their property since unvegetated sand is highly vulnerable to movement and erosion from natural processes such as wind and flooding during high tides and storm events. To date, fifteen property owners have received Notices of Violation (NOV) from the California Coastal Commission (CCC) alleging unpermitted development under the Coastal Act. The NOV letters highlight that in addition to violation of the Coastal Act, the private encroachments are inconsistent with the City of Newport Beach LUP and thus the encroachments must be removed and the beach restored for public use. To resolve the encroachment issue raised by private encroachments, the City is considering a program consisting of. The establishment of a permitted 15 -foot encroachment zone from the back of the property lines oceanward consistent with the existing public right-of-way, in which the existing improvements would remain intact provided they satisfy the specified criteria; and Peninsula Point Encroachment Removal and Replacement Plan November 18, 2013 16-38 2. The removal of encroachments beyond the 15 -foot encroachment zone oceanward to restore the area to sandy beach with vegetation appropriate for the coastal strand and use of the beach by the public. This Plan focuses on Part 2 of the program, outlining a strategy to perform the encroachment removals beyond the proposed 15 -foot encroachment zone in a phased manner, removing ornamental improvements and invasive vegetation in stages over a three-year period, while encouraging existing native coastal strand vegetation and introducing appropriate native groundcover in removal areas, such that large areas of sand are not left completely devoid of vegetation and unstable at any time during the process. This Plan also entails a three-year maintenance and monitoring program. Peninsula Point Encroachment Removal and Replacement Plan November 18, 2013 2 16-39 II. PROJECT DESCRIPTION A. Responsible Parties City of Newport Beach Contact: Brenda Wisneski 100 Civic Center Drive Newport Beach, California 92660 Telephone: (949) 644-3297 B. Project Location This proposed Encroachment Removal and Replacement Plan ( Plan) addresses unpermitted improvements on an area of beach located along the southern (oceanfront) side of Balboa Peninsula between F Street and Channel Road, also known as Peninsula Point, in the City of Newport Beach, Orange County, California [Exhibit 1]. The areas addressed within this Plan consist of 68 properties located between F Street (latitude 33.59836, longitude -117.892115) and Channel Road (latitude 33.595346, longitude -117.882098) [Exhibit 2]. C. Summary of Encroachments Existing improvements include landscape improvements by private property owners on sandy beach areas owned by the City and within the jurisdiction of the California Coastal Commission (CCC). Improvements include ornamental shrubs, trees, and groundcovers, lawns, irrigation valves and components, stepping stones and walking paths, patio furniture, and other similar decorative landscape elements ranging from a few feet from the property line to 65-70 feet oceanward. These encroachments have developed over several decades, in some cases by previous property owners, and some may predate the current City Land Use Plan (LUP) and ordinances governing permissible improvements oceanward. At least 11 properties have no encroachments, while several properties have extensive encroachments that extend up to 65-70 feet oceanward from the property lines. There is a variety in the level of maintenance currently being performed on the landscaping, ranging from minimal or no maintenance leading to a "natural" appearance, to irrigated and mowed lawns, resembling well-maintained yards. In several cases, native coastal strand vegetation is interspersed with the ornamental vegetation, or beginning to establish in areas of less profuse ornamental vegetation. In addition to lawns and other ornamental landscape features, a significant component of the encroachments consists of hottentot fig "iceplant" (Carpobrotus edulis), an invasive exotic species that has historically been planted in coastal areas for erosion control purposes and currently occurs throughout areas of coastal strand, including areas outside of the encroachment zones above the high tide mark. Appendix A provides a measurement of encroachments by type at each property between F Street and Channel Road. Exhibit 3 provides a map of encroachments by type, and Exhibit 4 provided photographs of encroachments. Local residents are concerned that removal of the iceplant would jeopardize their property since unvegetated sand is highly vulnerable to movement and erosion from natural processes such as 16-40 wind and flooding during high tides and storm events. Several property owners have voiced strong apprehensions about removing the existing iceplant groundcover to the City due to concerns regarding erosion and sand movement. To date, fifteen property owners have received Notices of Violation (NOV) from the California Coastal Commission alleging unpermitted development under the Coastal Act. D. Existing Local Coastal Program/Land Use Plan The City proposes to resolve the encroachments issue through a program consisting of: The establishment of a permitted 15 -foot encroachment zone from the rear of the property lines oceanward within the existing public right-of-way, in which the present improvements would remain intact if they satisfy the criteria of the encroachment program; and 2. The removal of encroachments beyond the 15 -foot encroachment zone oceanward to reinstate the area to sandy beach with vegetation appropriate for the coastal strand, and facilitate use of the beach by the public. The existing Oceanfront Encroachment Policy (Amendment No. 23), which was approved by the CCC on June 11, 1991, established a policy and mitigation program to address private improvements within the oceanfront public right-of-way within the City of Newport Beach. The City Council finalized this policy with the adoption of Resolution No. 91-80 (Resolution) on July 11, 1991. Under the Resolution, four oceanfront encroachment zones were established between the outlet of the Santa Ana River (at the western terminus) and Channel Road (at the eastern terminus), with a disparate range of permissible encroachments along the oceanfront. Specifically, the Resolution permits a 15 -foot encroachment zone along the western section of oceanfront in West Newport between the Santa Ana River and 52nd Street, while no encroachment zone is identified between E Street and Channel Road at Peninsula Points. The City is considering resolving the discrepancy through the establishment of a 15 -foot encroachment zone from the rear of property lines oceanward between E Street and Channel Road, consistent with allowable encroachment in the zone from the Santa Ana River to 52nd Street. The City would include the establishment of an encroachment permit and annual fee program administered by the City for the 15 -foot encroachment zone, allowing certain private improvements subject to issuance of annual encroachments permits E. Existing Native Plant Communities Coastal Strand/Coastal Beach 1 See, Coastal Land Use Plan Section 3.1.3-3 limiting the maximum oceanward extent of encroachments. 2 Munz, Philip A. (2003). Introduction to Shore Wildflowers of California, Oregon, and Washington (p.13-14). 16-41 The existing native plant community on the Balboa Peninsula in the vicinity of the encroachment areas consists of Coastal Strand, a plant community that is found along the Pacific Coast in loose sand just above the high tide line and before soil -based scrub plant communities occur. In southern California, this plant community is the most adjacent to public beach use and provides important functions in terms of protection from sand erosion and providing scenic and visual qualities. Due to its position in areas of high recreational use, this plant community is often disturbed. The coastal strand is characterized by low plant density (often less than 20 -percent cover by vegetation) and low species diversity, as few species can withstand the harsh conditions characteristic of this environment including wind, sand and salt spray, low soil nutrients, lack of soil moisture retention, high summer temperatures, and human disturbance. Typical coastal strand plants are perennial, have gray or succulent leaves (or both), have prostrate or creeping growth patterns, and often produce roots along their length, reproducing both vegetatively and through seed dispersal. Plants typically have a long flowering season. These characteristics enable plants in the coastal strand plant community to withstand the unstable sandy substrate, strong winds, poor water retention, and high summer surface temperatures. Common species include pink sand verbena (Abronia umbellata), beach primrose (Cammisoniopsis cheiranthifolia), beach morning glory (Calystegia soldanella), sand bur (Ambrosia chamissonis), and saltgrass (Distichlis spicata). F. Special -Status Wildlife Species Western Snowy Plover (Charadrius alexandrinus nivosus) The western snowy plover is a small shorebird listed as federally threatened (FT) and a State of California species of special concern (SSP). This species uses sandy or gravelly beaches in peninsulas, offshore islands, bays, and estuaries of the Pacific Coast for nesting/wintering habitat. The breeding season for this species is March through September. Plover nests are simple depressions in the sand and may be next to kelp, shells, driftwood and rocks3. A 25 -acre unit of critical habitat for the western snowy plover was designated by the United States Fish and Wildlife Service (USFWS) in June 2012 [referenced in the Federal Register4 as CA 48] is immediately adjacent to the encroachment areas, generally bounded by A Street and G Street [Exhibit 5]. This unit was occupied at the time of listing, and supported two breeding adult western snowy plovers in 2009 (P. Knapp, pers. comm. 2010) and three breeding adults in 2010 (T. Ryan, in litt. 2010). It also supported an average wintering flock of 35 western snowy plovers from 2003 through 2010 (Service unpublished data). This unit of critical habitat is currently being managed by the City's Marine Protection Division of the Department of Recreation through a community-based restoration program, which has been 3 http://www.fws.gov/refuge/willapa/wildlife_and_habitat/western snowy_plover.html 4 Federal Register/ Vol. 77, No. 118 / Tuesday, June 19, 2012 / Rules and Regulations (p. 36771). 16-42 involved in beach restoration activities such as invasive species removal and monitoring of plover population. III. PROJECT GOALS A. Project Goals This Plan outlines the following goals: 1) To remove the unauthorized encroachments oceanward beyond a 15 -foot encroachment zone to be established by the City between E Street and Channel Road; 2) Provide for a program which gradually replaces the invasive groundcovers with appropriate native coastal strand vegetation and sandy beach; and 3) Provide for a public education and stewardship/volunteer program focused on coastal habitat conservation. B. Schedule of Work Work is expected to occur in two phases. Specific details of activities for each property during each phase are outlined in Appendix C: Phase 1 The Initial Removal Phase is expected to occur in December 2013. Work will consist mainly of removal of ornamental landscaping components (lawns, trees, shrubs, and hardscape) as detailed in Appendix C, except iceplant, which will be left to provide interim erosion control until adequate coverage by native groundcover species is achieved. Initial removals may be performed through a variety of physical removal methods including use of heavy equipment such as front loader/excavator, manual/mechanical removal, and limited use of chemicals for species that cannot be otherwise controlled. Installation of jute -netting or other stabilizing fabric or binder (where necessary), to inhibit sand movement. Application of native seed for ground cover in encroachment areas. Phase 2: The second phase of work consists of the three-year maintenance period and will begin in January 2014 and end December 2016. Follow-up invasive species removals may consist of manual, mechanical, and or chemical removal of regrowth of any ornamental vegetation and thinning/reduction of iceplant. 16-43 Each fall during the three-year maintenance period, a supplemental native seed mix will be applied to the encroachment removal areas to continually expand coverage by native coastal strand species, as coverage by iceplant is reduced. Nesting Birds Project related activities including initial removal of improvements and follow-up invasive non- native species removal will be scheduled to occur outside the western snowy plover breeding season which occurs between March and September. Initial removal of improvements will begin in December 2013, with follow-up phased removals of invasive species to occur between October and February of each year of the three-year maintenance period (2014-2016). Contracting Requirements 1. Retain Project Biologist. 2. Contract with S&S Seed Company to collect local seed material from the Project or within coastal Orange County. 3. Contract with a qualified Landscape Contractor with a minimum of five years of experience in habitat restoration projects in southern California. C. Responsible Parties The City will be responsible for the implementation of this Plan, including establishing a 15 -foot encroachment zone and adopting a permit and fee program to implement this Plan. Applicant: City of Newport Beach Contact: Brenda Wisneski City Of Newport Beach Planning Division 100 Civic Center Drive Newport Beach, California 92660 Telephone: (949) 644-2397 Resource Specialist: Glenn Lukos Associates, Inc. Contact: Sheri Asgari 29 Orchard Lake Forest, California 92630-8300 Telephone: (949) 837-0404 D. Biological Monitoring Glenn Lukos Associates has extensive experience designing revegetation projects in southern California, including projects within the coastal zone. This experience provides a strong basis for confidence in the success of the program proposed herein, as well as a valuable resource in the field for ensuring that any necessary changes are implemented should unanticipated site conditions warrant in -field changes to the Plan. A qualified Resource Specialist will supervise the implementation and maintenance of the Project, and perform the proposed three-year monitoring of the restored encroachment areas. 16-44 The Resource Specialist will be on-site to monitor the removal of the encroachments and supervise the phased removal of invasive groundcovers that is anticipated to occur over the three-year maintenance period. The Resource Specialist will also perform ongoing contractor training during the course of the removals as the vegetative components vary among the encroachment areas, and aesthetic considerations will need to be incorporated into the removal program. E. Contractor Education Prior to the commencement of Project related activities, the Resource Specialist will review all aspects of the Encroachment Removal and Replacement Plan with the Landscape Contractor, hereinafter referred to as the Contractor, to ensure consistency with the Plan. A contractor education handbook will be prepared by the Resource Specialist to familiarize Contractor personnel with the native coastal strand plant community within and adjacent to the Encroachment Areas and provide them with field copies of a plant identification guide depicting native species to be protected during the removal of unauthorized landscape/improvements. Follow-up treatment of invasive non-native species during the three-year maintenance program shall be performed by a qualified landscape contractor with a minimum of five years of experience in habitat restoration projects. The Contractor, will be required to demonstrate experience in this field to the Resource Specialist prior to contracting with the Applicant. The Maintenance Contractor also shall possess C27 and Pest Control Advisor (PCA) licenses for herbicide treatment of the invasive non-native species. F. Cost Estimate The approximate cost for implementation of the Plan is provided in Table 1 below. Task Cost Phase 1 -Initial Removals $ 119,800 Grow and Kill (2 Cycles) $ 12,500 Seeding $ 6,300 Erosion Control $ 14,000 Three -Year Maintenance $ 52,348 Three -Year Monitoring $ 44,500 IV. WORK PLAN DURING ENCROACHMENT REMOVAL [PHASE 11 A. Responsible Parties The City will be responsible for carrying out the encroachment removal activities. 16-45 Applicant: City of Newport Beach Contact: Brenda Wisneski 100 Civic Center Drive Newport Beach, California 92660 Telephone: (949) 644-3297 Resource Specialist: Glenn Lukos Associates, Inc. Contact: Sheri Asgari 29 Orchard Lake Forest, California 92630-8300 Telephone: (949) 837-0404 B. Survey/Staking The City will survey/stake the limits of the proposed 15 -foot encroachment zone prior to start of work by the Contractor to clearly delineate the removal areas. If a large shrub is partially inside the encroachment zone, but overhangs outside the encroachment zone oceanward, it will be removed. Survey stakes will be spaced no more than 25 feet apart. C. Baseline Data Collection Prior to the initiation of the Removals, a linear transect approximately 100 -feet oceanward of the proposed 15 -ft encroachment zone demarcation will be established between F Street and Channel Street using an aerial photograph and Geographic Positioning System (GPS) to establish baseline conditions of vegetative coverage and sandy beach. The Resource Specialist will take 50 random vegetation samples using one -meter quadrats along the length of the Baseline Transect to establish existing vegetative cover within the coastal strand outside of the encroachment areas. Coverage data of baseline conditions will be used to set the performance standard for the Project areas, and used as comparison to gauge the effectiveness of the proposed phased removal and replacement strategy. Placement of quadrats shall be determined using random numbers tables to provide one coordinate that indicates the distance along a longitudinal centerline bisecting the polygon and another coordinate that determines the distance from the centerline. Quadrats shall be placed on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover shall be visually estimated within the quadrat for each species present and recorded on a data sheet. Any species observed around sampling points that do not fall within quadrats shall be recorded and included in the list of species for the reference area. D. Removal of Encroachments Removal of encroachments oceanward of the proposed 15 -foot encroachment zone shall begin in December 2013. A complete list of encroachment types and recommended actions per property is attached as Appendix C. Hardscape and Irrigation 1• M01 Any hardscape elements such as stepping stones will be removed and disposed of offsite, in an appropriate landfill. Irrigation lines will be capped at the proposed 15 -foot encroachment limit and visible components will be removed. Buried irrigation lines not immediately visible or made visible during the landscape removal activity will remain buried. Ornamental Vegetation The initial removal of ornamental vegetation during Phase 1 will be performed using a combination of removal methods including use of heavy equipment such as a front loader or excavator, manual or mechanical removal, and limited use of herbicides for species that cannot be otherwise controlled. Lawns Irrigated grass lawns are one of the main components of encroachment. Lawns may be treated with herbicide prior to removal to achieve initial "kill" prior to hauling away. Hottentot Fig (iceplant) While this species comprises a large portion of the encroachments, it will not be removed during the initial Phase 1 removals. In instances where the iceplant is very thick due to irrigation, spot treatment using herbicide may be recommended by the Resource Ecologist to reduce the mass. However, no biomass will be removed, as dead iceplant serves to protect from erosion. Ornamental Shrubs and Groundcover Removal of ornamental shrubs and groundcover will be performed using a combination of removal methods including use of heavy equipment such as a front loader/excavator, manual/mechanical removal, and limited use of herbicide for species such as Bermuda grass and English Ivy that cannot be otherwise controlled. Trees Very few ornamental trees exist outside the proposed 15 -foot encroachment zone within the removal areas. Trees may be removed using the cut/stump treatment, a method that involves the cutting of the trunk at ground level and painting the stump with herbicide. Follow-up treatment in the next fall would consist of herbicide treatment of any new growth. This method would be repeated as necessary each year during the three-year maintenance and monitoring period. Mixed Ornamental Shrubs and Groundcovers and Native Species In areas where ornamental shrubs/groundcovers or invasive species are intermixed with native coastal strand vegetation, the ornamental and invasive species will be removed manually around the native plants in order to allow for the expansion of the native species without competition. In some cases, the invasive species (i.e. iceplant) may be spot sprayed with herbicide and left in place to function as interim groundcover while the native species expand coverage. E. Erosion Control In areas where large sections of lawn or ornamental vegetation (other than iceplant) are to be removed, temporary erosion control may be necessary to prevent excessive sand movement 16-47 following the removals. Erosion control may be achieved through the installation of jute netting or similar natural fabric. F. Native Seed It is expected that in time the encroachment areas will begin to reestablish with coastal strand native vegetation through natural recruitment following the removal of the ornamental landscaping. A slow transition from the invasive iceplant groundcover is proposed through gradual thinning of the iceplant during the three-year maintenance period, leaving the decomposing biomass as groundcover5, while promoting the growth of native species such as sand verbena, beach primrose, and beach morning glory. To aid the natural recruitment process, a native seed mix will be applied to removal areas to initiate the growth of native groundcovers. The native seed will be collected from sources within coastal Orange County, to the extent possible. Table 2 below provides a list of species and application rate to be applied immediately following the encroachment removals in December 2013. TABLE 2 COASTAL STRAND SEED MIX Species Common Name Stock Type Lbs./Acre Abronia umbellata pink sand verbena Seed 6 Ambrosia chamissonis Sand bur Seed 2 Atri lex leuco h lla beach saltbush Seed 4 Cammisoniopsis cheiranthifolia beach evening primrose Seed 6 Total The seed mix will be broadcast by hand and will be scattered in the encroachment removal areas. To maximize the germination of seed, broadcast will occur following a rain event of at least f- inch. V. WORK PLAN DURING THREE-YEAR MAINTENANCE [PHASE 21 A. Responsible Parties The City will be responsible for carrying out maintenance activities. 5 This method has been successful in restoration efforts in the adjacent western snowy plover critical habitat, in eradicating iceplant while increasing native coastal strand vegetation. Personal conversation with Michelle Clemente (City of Newport Beach) on July 18, 2013. B. Non -Native Vegetation Suppression Following initial encroachment removals during Phase 1, it is probable that a variety of opportunistic annual and perennial non-native species such as red brome (Bromus madritensis ssp. rubens), sea rocket (Cakile maritima), Bermuda grass, and English ivy may proliferate within encroachment removal areas. The follow-up maintenance phase (Phase 2) will focus on the suppression of these and other non-native species in the encroachment removal areas, as well as any regrowth of the ornamental vegetation, while promoting the recruitment of native coastal strand species. Due to the concern about sand erosion, non-native grass species shall be treated with herbicide and left in place to decompose naturally, to the extent that they do not present a visual nuisance. Large, conspicuous piles of dead biomass shall not be left on the beach. The type and quantity of herbicide application will be determined by a California licensed Pest Control Advisor (PCA) who will recommend types of herbicide to be used, rates of application, and areas to which herbicides are to be applied. A licensed Pest Control Operator (PCO) may work under the supervision of the PCA who will employ best management practices regarding the timing, quantity, and type of herbicide for each species. The PCA will determine both immediate and follow-up herbicide application for each species. All recommendations will be submitted to the Resource Specialist for approval prior to treatment. Hottentot Fig (iceplant) While this species comprises a large portion of the encroachments, it will not be removed during the initial Phase I removals. In instances where the iceplant is very thick due to irrigation, spot treatment using herbicide may be recommended by the Resource Ecologist to reduce the mass. However, biomass will not be removed, as dead iceplant serves to protect from erosion. Mixed Ornamental Shrubs and Groundcovers and Native Species In areas where ornamental shrubs/groundcovers or invasive species are intermixed with native coastal strand vegetation, the ornamental and invasive species will be removed manually around the native plants in order to allow for the expansion of the native species without competition. English ivy Any regrowth of this species may be treated by daubing with herbicide using a modified spray/sponge tip. This method is expected to control this species after one or two treatments and may not continue for the duration of the maintenance phase. C. Native Plant Establishment It is expected that in time the encroachment areas will begin to reestablish with coastal strand native vegetation through natural recruitment following the removal of the ornamental landscaping. A slow transition from the invasive iceplant groundcover is proposed through gradual thinning of the iceplant, while promoting the expansion of the native species such as sand verbena, beach primrose, and beach morning glory. Seed Mix To aid the natural recruitment process, a native seed mix will be applied to removal areas to initiate the growth of native groundcovers. The native seed will be collected from sources within coastal Orange County, to the extent possible. Table 3 below provides a list of species and application rate to be applied following a rain event between October and December 2014. TABLE 3 COASTAL STRAND SUPPLEMENTAL SEED MIX Species Common Name Stock Type Lbs./Acre Abronia umbellata pink sand verbena Seed 5 Ambrosia chamissonis Sand bur Seed 2 Atri lex leuco h lla beach saltbush Seed 2 Cammisonio sis cheiranthi olia beach evening primrose Seed 5 Total Method of Application The seed mix will be broadcast by hand and will be scattered mainly in the larger encroachment removal areas. Timing of Seed Application To maximize the germination of seed, broadcast will occur following a rain event between October and December of each of the three years during the maintenance period from 2014 through 2016. D. Trash Removal The Project areas shall be well-maintained in order to deter vandalism and dumping of trash. Contractor shall, during routine quarterly maintenance, manually remove weeds, liter, and trash from the Project areas and dispose of off-site as permitted by law. Driftwood and other natural vegetative debris shall be left in place to prevent sand erosion. E. Maintenance Schedule The maintenance program will begin immediately following initial removals in December 2014 and will occur on a quarterly basis through the duration of the three-year monitoring. Maintenance events that occur during the western snowy plover breeding season (March through 16-50 September) will be preceded by a nesting bird survey by the Resource Specialist to ensure that no nesting birds are disturbed as a result of the maintenance activities. Table 4 below provides a recommended maintenance schedule. TABLE 4 MAINTENANCE SCHEDULE Maintenance Event Maintenance Activity Year 1 JAN 2014 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash APR 2014 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash JUL 2014 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash OCT -DEC 2014 Hand -seed with native coastal strandspecies/remove trash Year 2 JAN 2015 Remove regrowth of ornamentals/perform thinning of hottentot fi remove trash APR 2015 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash JUL 2015 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash OCT -DEC 2015 Hand -seed with native coastal strandspecies/remove trash Year 3 JAN 2016 Remove regrowth of ornamentals/perforin thinning of hottentot fig/remove trash APR 2016 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash JUL 2016 Remove regrowth of ornamentals/perform thinning of hottentot fig/remove trash OCT -DEC 2016 Hand -seed with native coastal strand species/remove trash VI. MONITORING PLAN A. Performance Standards The coastal strand is characterized by low plant density (often less than 20 -percent cover by vegetation) and low species diversity, as few species can withstand the harsh conditions characteristic of this environment. To assess performance, the pre -Project baseline data will be used as the success standard for comparison during the three-year maintenance and monitoring period, and the Project will be considered successful upon the control of invasive non-native species to 5 -percent deviation of the baseline vegetative cover in the reference area. At the end of each of the three years of monitoring, the Resource Specialist will calculate the percent coverage of native vegetation, sandy beach, and invasive non-native species. Native Plant Recruitment 16-51 Evidence of native plant recruitment from year to year is an indicator of the successful revegetation of the encroachment areas. Noted recruitment would be considered a success criterion. B. Monitoring Methods For the duration of the three-year monitoring period, establishment of the plantings will be measured through a series of qualitative and quantitative measurements assessing native species cover, non-native species cover, and unvegetated sandy beach. Monitoring will be performed by a qualified Resource Specialist/Ecologist, and continuity within the personnel and methodology of monitoring shall be maintained insofar as possible to ensure comparable assessments. Qualitative Monitoring The Resource Specialist will conduct qualitative monitoring surveys on a quarterly basis during the three-year monitoring period. Qualitative surveys will consist of walking the length of the encroachment area between F Street and Channel and documenting general observations, such as regrowth of ornamental vegetation, natural recruitment of native coastal strand species, trash/debris, signs of disturbance, and weed establishment. Records will be kept of signs of erosion, predator bird species such as crows, and weed infestation. The Resource Specialist will determine remedial measures to be undertaken to ensure successful implementation of the Plan. All remedial measures undertaken will be referenced in an annual monitoring report submitted to the CCC. Reference Site The location of areas used for baseline data collection, as described in Section IV -C of this Plan, will be used as the reference site to determine the success of the Project. A linear transect established approximately 100 -feet oceanward of the 15 -ft encroachment zone demarcation between F Street and Channel Street will provide baseline conditions of vegetative coverage and sandy beach. Placement of quadrats shall be determined using random numbers tables to provide one coordinate that indicates the distance along a longitudinal centerline bisecting the polygon and another coordinate that determines the distance from the centerline. Quadrats shall be placed on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover shall be visually estimated within the quadrat for each species present and recorded on a data sheet. Any species observed around sampling points that do not fall within quadrats shall be recorded and included in the list of species for the reference and removal sites. Data from quadrats measured within the encroachment removal areas will be compared to the baseline data established prior to the initiation of Project activities. Additional data will be taken at the reference site each year during the annual monitoring event. The Resource Specialist will take 50 random samples using one -meter quadrats along the length of the Baseline Transect to measure conditions within the coastal strand outside of the encroachment areas. Data collected will be used to set performance standards and measure the effectiveness of the phased removal and replacement strategy. Quantitative Monitoring The encroachment removal areas shall be sampled using one -meter quadrats placed randomly throughout the removal areas. A total of 50 quadrats will be used to measure vegetative 16-52 coverage within the encroachment removal areas. Placement of quadrats shall be determined using random numbers tables to provide one coordinate that indicates the distance along a longitudinal centerline bisecting the polygon and another coordinate that determines the distance from the centerline. Quadrats shall be placed on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover shall be visually estimated within the quadrat for each species present and recorded on a data sheet. Any species observed around sampling points that do not fall within quadrats shall be recorded and included in the list of species for the reference and encroachment removal sites. Statistical Analysis Comparing Vegetative Cover of the Reference and Removal Sites A statistical analysis comparing vegetative cover within the reference and removal sites will be performed following each annual monitoring survey and included in the annual monitoring report. The vegetative cover of herbaceous species and unvegetated sandy beach at the encroachment removal and reference sites will be compared with an appropriate statistical test. The vegetative cover of herbaceous species will be considered similar if there is no statistical difference (p > 0.10) in the average cover of each dominant species between the two sites; or if there is a statistically significant difference, it indicates that the encroachment removal areas exhibit a higher cover by native species, while coverage by non-native species (i.e. hottentot fig) is no greater than 10 - percent of the overall cover. Photo -Documentation Permanent stations for photo -documentation will be established before the initiation of the Project as a part of baseline data collection and recorded using GPS. Photos shall be taken during each quantitative monitoring event from the same vantage point and in the same direction each year, and shall reflect material discussed in the annual monitoring report. C. Monitoring Schedule The monitoring program will begin immediately following initial removals and will occur on a quarterly basis through the duration of the three-year monitoring period. Monitoring events that occur during the western snowy plover breeding season (March through September) will be coordinated such that they occur within three days before a scheduled maintenance event to check for nesting bird to ensure that no nesting birds are disturbed as a result of the maintenance activities. Table 5 below provides a recommended Monitoring and Reporting schedule. TABLE 5 MONITORING AND REPORTING SCHEDULE MonitoringNesting Monitoring/Reporting Activity Bird Event Survey Year 1 JAN 2014 Winter season qualitative monitoring and follow-up report to the City APR 2014 Spring season qualitative monitoring and follow-up report to the Ci ✓ 16-53 JUL 2014 Annual quantitative monitoring using 1 -meter quadrats ✓ OCT 2014 Fall season qualitative monitoring and follow-up report to the City DEC 2014 Submit Annual Monitoring Report to the City and CCC by December 3151 Year 2 JAN 2015 Winter season qualitative monitoring and follow-up report to the City APR 2015 Spring season qualitative monitoring and follow-up report to the City ✓ JUL 2015 Annual quantitative monitoring using 1 -meter quadrats ✓ OCT 2015 Fall season qualitative monitoring and follow-up report to the Cit DEC 2015 Submit Annual Monitoring Report to the City and CCC by December 31st Year 3 JAN 2016 Winter season qualitative monitoring and follow-up report to the City APR 2016 Spring season qualitative monitoring and follow-up report to the Ci ✓ JUL 2016 Annual quantitative monitoring using 1 -meter quadrats ✓ OCT 2016 Fall season qualitative monitoring and follow-up report to the Cit DEC 2016 Submit Annual Monitoring Report to the City and CCC by December 31 st D. Annual Monitoring Reports At the end of each of the three years of maintenance and monitoring, an annual report shall be prepared by the City for submittal to the CCC. These reports will document the revegetation progress of the work areas and summarize maintenance activities that occurred during each respective year. At the end of the third monitoring year, the CCC will be notified in writing that the monitoring period is complete. All annual monitoring reports shall include the following: a list of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities for that year; a vicinity map indicating location of the encroachment removal sites; a site plan identifying GPS points or polygons for significant natural recruitment of native coastal strand species, invasive non-native species removal areas, photo station locations, etc.; a description of the status native plant communities, and percent cover by non- native species in the Project areas; an analysis of monitoring results; and copies of all monitoring photographs. 16-54 Distribution Page of all Persons Receiving a Copy of the Encroachment Removal and Replacement Plan and Annual Monitoring Reports Mr. Andrew Willis California Coastal Commission 200 Oceangate Suite 1000 Long Beach, California 90802-4302 Ms. Brenda Wisneski City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Ms. Leonie Mulvilhill City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Mr. Dave Kiff City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Ms. Michelle Clemente City of Newport Beach 100 Civic Center Drive, E Bay Newport Beach CA 92660 16-55 Cn 0 c (D C/) m^ Cn SCJ O Q Cn (D CD v Im .P \ yr rave Long , Beach Nava t Yvestmin._ter Seat We apo ns Station Midway Beach Seal Bearh" a City 4 m m Surfside Sunset Edinger Ava Beach 'm di arner Ave iU Hurd tington Beach spy 4,y Santa Tustin 2F,1 241 Silverado Ana Limestone a e'34 C anyon yr Marine �, Regional Parh Corps Air . �e ren m Station Tustin eC� s@?y� Irvine 133 Foothill Costa Mesa ry jD4y r`3 Newport Beach PROJECT LOCATION hep` VIP ' PJ PENINSULA POINT ENCROACHMENT REMOVAL AND REPLACEMENT PLAN Regional .. N e kvpo rt Corona Coast Del Mar -: -,, t l Cove State Park Laguna Beach F Ranch ` ¢ Trahu Ct ✓nein >~t TocQ Ra`Jron.l Cany �o Park -® Rancho Santa C Margarita Cot. EI Toro Mission Lake. x Forest Viejo a a Laguna = ills m Qui ea eco 20 A,t Y Aliso Luna Ladera Viejo Ranch Niguel 0 6 ti0 3 San Juan ° Capistrano Dana Point ,y Capistrano Beach Sources: Esri, Del-orme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japari? METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013 Clement - GLENN LUKOS ASSOCIATES Exhibit 1 16-56 Q �' > O Light HarbAr t Mrd.lt_ 1,0 AV L,gnt j; 4-c ins Jy F a. 0 � says, CD 70 - •:t 1 ` y O v - Fire r' CD dC� S3 . ♦ - --- --- # O Sn C7Q ^ rrnk"t�,,, �;;?«µ�.r■�.uurir.. 36 - - N A E 0 0 0 N O O O 0 -n 0 CD CD r , PROJECT LOCATION PENINSULA POINT ENCROACHMENT REMOVAL AND REPLACEMENT PLAN Vicinity Map IRVI �. ♦ i L COUNT -4 � t . I Set) ' ^*C "73 k • aWPORT BEACH ;r+ :► f Sch r. m t_ A "Orona +. 'z -- del . C" Leghtl ��� Light Arch I �1 co - Copyright:© 2013 National Geographic Society, i -cubed GLENN LUK3S ASSOCIATES Exhibit 2 16-57 1350 Property/Lot h Proposed 15-foot ROW Proposed 15-foot ROW Hardscape/Stepping Stones y r - Lawn Ornamental Shrub/Groundcover - Ornamental Tree A Native Groundcover . Hottentot Fig "iceplant" �l air r 1540 ., . MWIP N AF Street to I Street GLENN LUKOS ,ASSOCIATES 0 35 70 140 Feet Exhibit 3 - Page 1 XA0363-THE REST\0560-20NOV\560-20_GIS\Restoration GIS\560-20EncroachmentRemovalPagel.mxd 16-58 1560 ^O \ h \ yA, `F h� re•ye - 'A i rak'i/ T' .i. Yti >f N A 0 35 70 140 Feet LJ Property/Lot Proposed 15 -foot ROW - - = Proposed 15 -foot ROW Hardscape/Stepping Stones i Lawn Ornamental Shrub/Groundcover Ornamental Tree ® Native Groundcover Hottentot Fig "iceplant" I i e � - w� t I Street to L Street GLENN LUKOS ASSOCIATES Exhibit 3 - Page 2 X:\0363 -THE REST\0560-20NOV\560-20_GIS\Restoration GIS\560-20EncroachmentRemovalPage2.mxd 16-59 r• Property/Lot Proposed 15 -foot ROW CIO << = Proposed 15 -foot ROW _ Hardscape/Stepping Stones y may. Lawn Ornamental Shrub/Groundcover Ornamental Tree Native Groundcover '►'` `-`- •! > rr Hottentot Fig "iceplant" - _ • "1T S ': ti A. cV N ^ o At J _ lit:� N • . AL Street to M Street GLENN LUKOS ASSOCIATES 0 35 70 140 Feet Exhibit 3 - Page 3 X:\0363 -THE REST\0560-20NOV\560-20_GIS\Restoration GIS\560-20EncroachmentRemovalPage3.mxd 16-60 ?,.•• LJ Property/Lot Proposed 15 -foot ROW `- f, W - - - • Proposed 15 -foot ROW CIO -. 4 a� Hardscape/Stepping Stones ti Lawn Ornamental Shrub/Groundcover Ornamental Tree Ilk® Native Groundcover Hottentot Fig iceplant o �� r � N ta � - • � .{ • 011 N N N . -,. �. ,,,,. •,. ,.: _ \ r 2140 y 00 co 4; N Tg ,r ' 1��� s !► .. _ C0 N � V N • AM Street to Channel Road GLENN LUKOS ASSOCIATES 0 35 70 140 Feet Exhibit 3 - Page 4 X:\0363 -THE REST\0560-20NOV\560-20_GIS\Restoration GIS\560-20EncroachmentRemovalPage4.mxd 16-61 Lot # 1350: Juniper and large Brazilian pepper. Lot # 1358: Lawn and few ornamental shrubs. Lot # 1354: Sod, sprinklers, header board, ornamental shrub. Lot #s 1400 and 1412: No Encroachment. Iceplant present. U7 W N F-- CO D n 0 U7 CI7 �_ W �J W J 16-62 Lot # 1500: Iceplant. MEI Lot # 1514: Melaleuca, rosemary, pepper, agaves, small garden, and iceplant. RIIN;1'40�41 Qhl- r P . Lot # 1504 and 1510: Lawn, Gazania, iceplant. 1596 Lot # 1516: Ornamental shrubs and aloe. Native beach bur in the bottom right. C.17 N W N F-- c0) 0 U7 CI7 �_ W W J LJ 16-63 Lot # 1520: Ornamental shrubs, groundcover, aloe, and iceplant. Lot # 1528: No encroachment. Mix of Bermuda grass and native beach bur. Lot # 1526: Lawn, irrigation, header board, row of ornamental perennials, 1-2 Melaleuca, and iceplant. _ 1540 Lot # 1540: Iceplant. U) M W N F-- co D n 0 U7 CI7 �_ W �J W J LJ 16-64 { Ems" tTO!`- A 1 4f �.'x 4Tj`b �N r cry :. r Z Z Q W J �a 2 F- u Z Q LLI �O 2 Lf W VU Z Q W J CL LLI z az J V� > z Z2 W LLI aw Lot # 1564: Mix of native coastal strand species including beach primrose, sand verbena, and beach bur, and approximately 30 ornamental Agave. Lot # 1572: Lawn, irrigation, and iceplant. Small quantity of native beach bur mixed with the iceplant. Lot # 1570: No encroachment. Native beach primrose in the lower left of the photo. Lot # 1576: Lawn, irrigation, ornamental shrubs, and iceplant. '1. U) LO W N F-- CO D n 0 U7 CI7 �_ W �J W J 16-66 Lot # 1580: Lawn, irrigation, ornamental grasses and shrubs, irrigated iceplant. MW a`.1706 40 '72 a `1 i ac YD m6 r.1..4 °��'�1�l i/ Sr s �•?"[rYY. r1 t,t .��� -'/ Y7.. Lot # 1706: Lawn, irrigation, header board, and ornamental shrubs and groundcover including fountain grass and Gazania. 1 5 1700 {�I w �.. �. .: ... • a 1 •, ° �+' , X54 � � ` 1 Lot # 1700: Juniper, ornamental shrubs, fountain grass, irrigation, and stepping stones. Lot # 1712: Lawn and irrigation. 7 A LJ 16-67 Lot # 1714: Ornamental shrubs mainly within proposed 15 -foot ROW. Free- standing wood columns outside of 15 -foot ROW. 1722 Lot # 1722: Lawn, irrigation. Lot # 1718: Lawn, irrigation, header board. . , 1724 Lot # 1724: Lawn, irrigation. U) ti W N F__ co D n 0 U7 CI7 �_ W �J W J 16-68 <. _ - a 1. .x Lot # 1730: Iceplant, fountain grass, Gazania. 4-ferak , At -jdF0Tj Lot # 1744: Lawn, irrigation, ornamental plants, stepping stones, iceplant, native beach bur. lw�ftlwom: 1744 Lot # 1740: Lawn, irrigation, stepping stones, header board, hose bib, ornamental hedge, and iceplant. $` ��t.,,Y ut�1�� _.. � -y• -� fes. .�Y _-- � 4- Y .�-� u .W' . a Lot # 1750: Iceplant mainly within 15 -ft proposed ROW, Aloe bainesii. 16-69 _ r _ a - T - 7 77 ate'- - onp Lot # 1740: Lawn, irrigation, stepping stones, header board, hose bib, ornamental hedge, and iceplant. $` ��t.,,Y ut�1�� _.. � -y• -� fes. .�Y _-- � 4- Y .�-� u .W' . a Lot # 1750: Iceplant mainly within 15 -ft proposed ROW, Aloe bainesii. 16-69 Lot # 1752: No encroachment. Iceplant present. :a . p 4" 4 - ��` � � Jl, s rill >�� •f�� 044 �,_J .7M s►.t i 1''�yi»�' .��. + Yom„ . A/.i' 's r� » F ty;{lr 14t yes^• r i `� / -R Lot # Unknown 1 (photo 2): Lawn, irrigation, header board, ornamental shrubs, aloes. O'k Lot # Unknown 1 (photo 1): Large aloes, ornamental shrubs, irrigated iceplant. Lot # Unknown 2: Irrigated iceplant. U) p-) W f— CO D n 0 U7 CI7 �_ F W �J W J 16-70 Lot # 2008: Irrigated iceplant. Few ornamental shrubs. Native beach bur interspersed in iceplant. 1■1 f1 MUST I r r Y : � a a '.y rr• day 4 �.. d -. E1.+ r:. - 'i '1�A.~•°."., �a ''r: �`'� �* .�.r �rF Lot # 2016: Irrigated iceplant and ornamental shrubs and succulents. 2018 Lot # 2016: Irrigated iceplant. �- ' �� it . _ � � � • � -� -� 'I. yup kk Lot # 2020: Ornamental shrubs, succulents and groundcover including invasive English Ivy, lawn, irrigation. (f) O W d 0 I CJ] d' Cn x 0 w 1 J Z Z W t 16-71 Bya *C . F Lot # 2026: Irrigation, English Ivy, African Daisy, and other ornamental shrubs and ground covers. Lot # 2034: Ornamental shrubs and groundcover, and iceplant. Lot # 2030: Irrigation, English Ivy, African Daisy, and other ornamental shrubs and ground covers. 2038 Lot # 2038: Iceplant. C!7 W f— U d I Co U-) X C) W W I LJ 16-72 W Lot# 2042: Iceplant. - A 2046 Lot # 2046 (Photo 2): Irrigated iceplant. . . . . . . . . . . . Lot # 2046 (Photo 1): Lawn, irrigation, ornamental groundcover and shrubs. Lot # 2046 (Photo 3): Gazania. #1204 .M ME Cf) LU U 0 U-) 0 L—U I NNE n X LU 16-73 Lot # 2050 (Photo 1): Extensive irrigation and lawn. Lot # 2054: Iceplant and fan palms. ��•n 1{ 1111��11�1' n����4 ■��+� iii • Lot # 2050 (Photo 2): Irrigated Gazania. ' X r, o-_ xosaf ..+::+•, !ice r �,�e�• �s"r Lot # 2060: Iceplant, lawn, and irrigation. C.17 M W f— U d 0 I U-) X C) W �J W J LJ 16-74 Lot # 2100 (Photo 1): Iceplant and ornamental agaves. Lot # 2104: Lawn, irrigation, and iceplant. Lot # 2100 (Photo 2): Iceplant and ornamental shrubs. _^ 2108 Lot # 2108: Lawn and iceplant. U) W C6 d 0 I Ur) d - {I) Q U-) X 0 W 1 J W J LJ 16-75 Lot # 2112: Mixed ornamental shrubs and succulents, and iceplant. d w � y Lot # 2120: Iceplant. --mum A Lot # 2116: Mixed ornamental shrubs and succulents and iceplant. Native beach bur in the foreground. Lot # 2124: No Encroachment. CO LO LU U � 0 U �- U-) X C) W �J W J LJ 16- 76 Lot # 2128: Iceplant. .armt- i 2144 Tr Lot # 2140: Lawn, irrigation, header board, and ornamental boxwood hedge. Lot # 2132: Iceplant. Lot # 2144 and 2148: Lawn, irrigation, mixed ornamental shrubs, and iceplant. C.f7 co W f— U C6 d 0 I U-) d' co +� U-) X C) W �J W J LJ 16-77 Lot # 2152 (Photo 1): Ornamental shrubs. IM as � 4 Lot # 2156: Lawn, irrigation, and Gazania. 4 ja, y L` .n 21 A Lot # 2152 (Photo 2): Juniper groundcover mixed with native beach bur. Lot # 2160: Gazania and palm tree. Cf) ti w U 0 U Co U-) X C) W �J w I LJ 16-78 Lot # 2166 (Photo 1): Extensive ornamental shrubs, succulents, and groundcovers. 2168 Lot # 2166 (Photo 2): Stepping stones, bench, lighting, irrigation. Aw Lot # 2168 (Photo 2): Stepping stones, iceplant, and native beach bur. U) 00 W f— U C6 d 0 I U-) d' CO +� U) X C) W �J W J LJ 16-79 Lot # 2172 (Photo 1): Ornamental shrubs and grasses. Lot # 2172 (Photo 3): Iceplant, ornamental groundcovers, and native beach bur. Lot # 2172 (Photo 2): Stepping stones. Lot # 2172 (Photo 4): Phoenix dactylifera and native beach bur. U) O') W f— U C6 d 0 I U-) d' Co +� U) X C) W �J W J LJ ff .:f ti Pal j 1 i'."1l l� FL'1 . R � t PPIow F 1 ��f. • y T-V�I `M 1 air F out r"� .ceSlE ni, D.igitalG�'Lob'exGeoEa e, i�cebedRUFS?D7�, lel G�5wQE , Getmaciaina. Aerogrid, IG IMI stopo, and the GIS User Community PENINSULA POINT ENCROACHMENT qN REMOVAL �\ Western Snowy Plover Critical Habitat Map GLENN LUKOS ASSOCIATES APPENDIX A: Encroachment Type and Area per Property Parcel/ Lot ID �F Strad to q 1350 EncroachmentRemoval, Ornamental Tree 714 3 -Year Cost Per Parcel 0.016 $ 2,515.42 1354 Lawn 10 0.000 $ 34.07 1358 Lawn 496 0.011 $ 1,747.47 1400 No Encroachment 0 0.000 $ - 1412 No Encroachment 0 0.000 $ - 1500 Iceplant 764 0.018 $ 2,691.57 1504 Iceplant 480 0.011 $ 1,690.24 Lawn 583 0.013 $ 2,053.91 1510 Iceplant 525 0.012 $ 1,848.67 Lawn 454 0.010 $ 1,599.39 1514 Iceplant 226 0.005 $ 794.80 Ornamental ShrublGroundcover 329 0.008 $ 1,160.57 1516 Ornamental ShrublGroundcover 627 0.014 $ 2,208.33 1520 Iceplant 1965 0.045 $ 6,921.80 Ornamental ShrublGroundcover 43 0.001 $ 152.33 1526 Lawn 305 0.007 $ 1,075.57 Iceplant 825 0.019 $ 2,905.77 1528 No Encroachment 0 0.000 $ - 1540 Iceplant 1891 0.043 $ 6,661.64 1550 Iceplant 137 0.003 $ 481.20 1554 No Encroachment 0 0.000 $ - 1of5 16-82 APPENDIX A: Encroachment Type and Area per Property Parcel/ Lot ID EncroachmentRemoval, 3 -Year Cost Per Parcel 1556 No Encroachment 0 0.000 $ - 1560 No Encroachment, few succulents 42 0.001 $ 149.19 1564 Native Groundcover, few succulents 473 0.011 $ 1,667.93 1570 No Encroachment 0 0.000 $ - 1572 Iceplant 590 0.014 $ 2,078.22 Lawn 299 0.007 $ 1,054.79 1576 Iceplant 624 0.014 $ 2,199.06 Lawn 190 0.004 $ 670.12 1580 1700 Iceplant 1036 0.024 $ 3,650.61 Ornamental Shrub/Groundcover 389 0.009 $ 1,370.54 Ornamental ShrublGroundcover 1015 0.023 mom $ 3,574.79 1706 Ornamental ShrublGroundcover 417 0.010 $ 1,469.95 Lawn 239 0.005 $ 842.70 HardscapelStepping Stones 30 0.001 $ 107.05 1712 Ornamental ShrublGroundcover 77 0.002 $ 271.77 Lawn 252 0.006 $ 887.82 1714 Ornamental ShrublGroundcover 71 0.002 $ 250.84 HardscapelStepping Stones 6 0.000 $ 21.15 1718 Lawn 373 0.009 $ 1,314.43 1722 Lawn 525 0.012 $ 1,850.59 1724 Lawn 562 0.013 $ 1,978.77 Iceplant 79 0.002 $ 279.03 2of5 16-83 APPENDIX A: Encroachment Type and Area per Property Parcel/ Lot ID EncroachmentRemoval, 3 -Year Cost Per Parcel 1730 IceplantlOrnamental Shrub/groundcover Iceplant 318 0.007 $ 1,121.02 400 0.009 $ 1,409.59 1740 IceplantlOrnamental Shrub/groundcover Lawn 831 0.019 $ 2,927.61 622 0.014 $ 2,191.55 1744 Lawn IceplantlOrnamental Shrub/groundcover 359 0.008 $ 1,265.24 593 0.014 $ 2,089.14 1750 No Encroachment 0 0.000 $ - 1752 Unknown 1 No Encroachment Ornamental Shrub/Groundcover Lawn 0 0.000 $ - 3165 0.073 $ 11,150.30 715 0.016 $ 2,518.95 Unknown 2 Ornamental Shrub/Groundcover 1916 0.044 $ 6,748.72 Iceplant 75 0.002 $ 264.25 2008 Iceplant 433 0.010 $ 1,523.99 Ornamental Shrub/groundcover 2707 0.062 $ 9,537.77 2016 IceplanUNative Groundcover 3331 0.076 $ 11,735.55 2020 IceplanVOrnamental Shrub/groundcover 700 0.016 $ 2,465.56 Lawn 201 0.005 $ 708.95 Ornamental Shrub/Groundcover 1364 0.031 $ 4,804.85 2026 Ornamental Shrub/Groundcover 1869 0.043 $ 6,584.49 2030 Ornamental Shrub/Groundcover 1520 0.035 $ 5,354.96 2034 Ornamental Shrub/Groundcover 1472 0.034 $ 5,185.86 3of5 16-84 APPENDIX A: Encroachment Type and Area per Property Parcel/ Lot ID EncroachmentRemoval, 3 -Year Cost Per Parcel 2038 Iceplant 608 0.014 $ 2,140.92 2042 Iceplant 1293 0.030 $ 4,553.76 2046 Iceplant 802 0.018 $ 2,827.02 Ornamental ShrublGroundcover 23 0.001 $ 82.61 Lawn 1510 0.035 $ 5,318.14 2050 Iceplant 567 0.013 $ 1,997.41 Ornamental ShrublGroundcover 488 0.011 $ 1,719.22 Lawn 1315 0.030 $ 4,633.84 2054 Iceplant 1797 0.041 $ 6,329.10 Lawn 242 0.006 $ 850.86 2060 M Street to Channel Iceplant 1521 0.035 $ 5,358.31 Lawn R... 50 0.001 $ 174.87 2100 Ornamental ShrublGroundcover 2790 0.064 $ 9,829.17 2104 Lawn 256 0.006 $ 900.17 Ornamental ShrublGroundcover 623 0.014 $ 2,195.39 2108 Lawn 675 0.015 $ 2,376.49 Ornamental ShrublGroundcover 231 0.005 $ 813.81 2112 Ornamental ShrublGroundcover 2244 0.052 $ 7,905.44 Hardscape/Stepping Stones 123 0.003 $ 433.38 2116 Iceplant 497 0.011 $ 1,749.71 2116 Ornamental ShrublGroundcover 646 0.015 $ 2,275.35 2120 Iceplant 1067 0.024 $ 3,757.43 4of5 16-85 APPENDIX A: Encroachment Type and Area per Property Parcel/ Lot ID EncroachmentRemoval, 3 -Year Cost Per Parcel 2124 No Encroachment 0 0.000 $ - 2128 Iceplant 667 0.015 $ 2,349.84 2132 Iceplant 284 0.007 $ 1,000.97 2140 Lawn 965 0.022 $ 3,399.70 2144 Iceplant 819 0.019 $ 2,885.34 Lawn 447 0.010 $ 1,575.95 2148 Iceplant 538 0.012 $ 1,895.65 Ornamental Tree 100 0.002 $ 352.30 Lawn 358 0.008 $ 1,259.53 2152 Iceplant 20 0.000 $ 69.06 Ornamental ShrublGroundcover 392 0.009 $ 1,381.02 Lawn 315 0.007 $ 1,109.75 2156 Lawn 354 0.008 $ 1,245.89 Ornamental ShrublGroundcover 211 0.005 $ 744.32 2160 Ornamental Tree 27 0.001 $ 95.09 2166 Ornamental ShrublGroundcover 2850 0.065 $ 10,040.55 Hardscape/Stepping Stones 111 0.003 $ 391.05 2168 Ornamental ShrublGroundcover 1270 0.029 $ 4,474.21 Hardscape/Stepping Stones 54 0.001 $ 190.24 2172 Ornamental Tree 177 0.004 $ 622.91 Hardscape/Stepping Stones 92 0.002 $ 324.79 Ornamental ShrublGroundcover 1122 0.026 $ 3,952.81 Total 70793 1.625 $ 249,403.80 5of5 i.:ol APPENDIX B Peninsula Point Baseline Transect Data Summary Quadrat Number 6 Average Coverage 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 by Species Native Species Beach Bur Beach Primrose 11■1■■1■1■■1■1■■1■1■■1■1■■1■1■■1� Beach morning glory 11■1■■1■1■■1■1■■1■1■■1■1■■1■1■■1� Sand Verbena I1111111111111111111111111111111� Non -Native Species Ice plant Bermuda Grass 111111111111i111111111111111111� Sea Rocket ofALS TOTALS IIIIIIII�vo�lllY1111111111111111� by Native Species IIIIIIIIIIIIIIIIIlIIIIIIIIIl111� by Non -Native Species Page 1 of 1 16-87 Attachment B PLANNING COMMISSION RESOLUTION AND MINUTES 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 15285 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 Paqe 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. LC2013W002, as shown on Exhibit A, which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 9" DAY OF APRIL, 2015. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTAIN: None ABSENT: Lawler BY Larry Tucker, Chairman ^ BY - J e s, S retary 16-90 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 maxim -um 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. 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 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 pennitted within encroachment zones, a prohibition on improvements that could impair or restrict public access or views, procedures for the encroaclnnent 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 encroaclunents: 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. 16-91 Planning Commission Resolution No. 1978 Paae 4 of 4 S. 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 unpennitted 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 construction 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. 16-92 NEWPORT BEACH PLANNING COMMISSION MINUTES 419!15 be the Commission only has to do with height with no other changes. He reported that Coastal staff has not co unicated with the City or Planning Commission regarding this matter. Deputy Cam ity Development Director Wisneski reported that a corner of the overlay is located in the Coastal Zone, b ecause the City does not have a certified Local Coastal Program, the overlay is not Subject to the Coast ommission's review, Chair Tucker commented o e issue of a specific plan and stated that it does not work in the context in which the subject property is se ased on its built out conditions and segmented ownership. He added that he does not see where a specific p would be practical, Chair Tucker presented suggested text ch es to the proposed resolution clarifying Statement of Pact No. 9,Finding No, 5, and Decision No, 2. Matron made by Chair Tucker and seconded by C issioner Drown, to adopt Resolution No. 1977 as amended recommending City Council approval of Code ndment No. CA2016-004, Discussion followed regarding the desire for an overall streetsc Master Plan, undergrounding utilities as part of the Master Pian, project -specific requirements for additiona est parking, and the maximum height allowed for enclosed stairwells and similar structures. Chair Tucker suggested changes to the code amendment text Included as revised Exhibit 8 to the resolution to require quality materials and that the building materials be applied in ffVallty fashion. AYES: Brown, Hillgren, Koetting, Framer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler ITEM NO�3 -COASTAL-LAND..USE PLAN AND CITY.. COUNCIL- POLICY, L-12.-AMENDIVIENT: OCEANFRONT ENCROACHMENT PROGRAM (PA2013M057) APN 048-310-01 consisting of unimproved right-of-way extending west of E Street to Channel Road Deputy Community Development Director Wisneski provided a PowerPoint presentation addressing background, subject area, existing conditions, code violations and existing encroachment program for the West Newport area and the proposed program for the East Newport area, Encroachment permit fees and the use of these fees for improvements of public access was also addressed. It was further explained that the proposed amendment was intended to address existing private Improvements within the City's 15 -foot right-of-way, While these Improvements have been In place for several decades, the California Coastal Commission issued Notices of Violation to fifteen property owners on the basis that the development Is located on a public beach. City staff has coordinated with a representative of the residents and Coastal Commission staff in an effort to develop a comprehensive solution to the situation. Development of the Encroachment program is one piece to the solution. Other actions, such as addressing the Improvements beyond the 15 feet, will be presented to the City Council for consideration. In response to Commissioner Koetting's inquiry, deputy Community Development Director Wisneski commented on possible scenarios and options depending on the willingness of property owners to participate. The encroachment is voluntary, Chair Tucker inquired regarding the restoration plan for the removal of improvements beyond the 15 -foot right-of-way and use of the money collected from fees. Deputy Community Development Director Wisneski reported that It is the City's desire to use encroachment fees with one option being to implement the restoration plan, The City will need to negotiate with the Coastal Commission regarding that matter. Page 4 of 6 16-93 NEWPORT M=ACH PLANNING COMMISSION MINUTES 419/15 Uiscusslon followed regarding utilization of an encroachment zone on the west side and encroachments on Oceanfront. Commissioner Brown observed that the encroachment zone seems to be working on the west side. In response to Commissioner Hiligren's question, Deputy Community Development Director Wisneski addressed the variation of the extent of the encroachments along the subject area. Chair Tucker opened the Public Hearing. Jim Dlliman reported that there Is a Ict of Ice -plant growth in some of the encroachments and stated there needs to be an explanation of where the encroachment fee monies will be spent and how it will be allocated for development of the area and access. Tom Armbruster hoped that there will be an extension of the boardwalk from E Street to Channel Road. He encouraged the Planning Commission to move forward with the matter. Jim Mosher wondered if the properties have a setback from the property lines and observed they seem to be bunt right to the property line, He commented on fifteen feet Intended as a boardwalk or public passageway and noted that it is still public property, He did not believe it is in the public's interest for Its property to be privatized and did not feel the City should encourage private encroachments. He added this is a planning and a recreation issue and did not think Council should act on this without advice from the Parks, Beaches and Recreation Commission. Jim McGee, representing the Newport/Peninsula Point Encroachment Committee, reported that the group has been actively involved with City Council, staff and the Coastal Commission trying to develop an approach that would allow for a resolution of the notices of violation that have been sent out by the Coastal Commission. He commented on the adoption of Policy L-12 and noted that the City specifically excluded Peninsula Point from the policy. He reported that currently, there is no uniformity to date and reportbd that If Council adopts the proposed amendment it will increase uniformity, among other benefits and will generate revenue -for the City. .He. urged that .the. Planning..Commisslon-approve the..matter-for recommendation to - Council, Chair Tucker closed the Public Hearing. Discussion followed regarding the origin of the right-of-way in question, the program being strictly voluntary, where the encroachment fees are to be spent, the term of the permit, actions required if a permit is not renewed by the City, consideration by the Parks, Beaches and Recreation Commission, and setbacks in the area. It was noted that the area will always be a public area so the City has a right to do with it, what it wants. Motion made by Commissioner Koetting and seconded by Chair Tucker, Including modification of the amendment clarifying that the encroachment funds could be used for the removal of unpermitted development, to adopt Resolution No. 1978 recommending the City Council adopt the Coastal land_ Use Plan amendment No. L.C2013-002 establishing an Encroachment Permit Program for East Oceanfront, AYES: Brown, Hillgren, Koettinrg, Kromer, Myers and Tucker NOES: None ABSTENTIONS: None ABSENT: Lawler 1!1111. STUDY SESSION ITEM NO, 4 LOCAL. COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) Citywide Page 5 of 6 16-94 Attachment C Council Policy F-7 16-95 INCOME PROPERTY The City owns and manages an extensive and valuable assortment of property including streets, parks, beaches, public buildings and service facilities. The City also owns and operates a yacht basin, a mobile home park, a luxury residential development and various other income properties. Most of the income property is tidelands, filled tidelands or waterfront. Unencumbered fee value of income property is estimated at upwards of one hundred million dollars, and income typically contributes ten percent of all City revenues. As owner/manager of property, the City is the steward of a public trust, and state law requires the City to maximize its returns on state -managed property or be subject to a charge of making a gift of public funds. Nevertheless, the City Council recognizes the importance of this property not only as a revenue generator, but also as a means to provide otherwise unfeasible uses and facilities to benefit the community. In managing its property, the City will continually evaluate the potential of all City owned property to produce revenue. This may include leasing unused land, renting vacant space, and establishing concessions in recreation areas or other similar techniques. The City Council will evaluate the appropriateness of establishing new income properties using sound business principles and after receiving input from neighbors and users. The policy of the City Council is that income property be managed in accordance with the following: A. Whenever a lease, management contract, concession, sale or similar action regarding income property is considered by the City, an analysis shall be conducted to determine the maximum or open market value of the property. This analysis shall be conducted using appraisals or other techniques to determine the highest and best use of the property and the highest value of the property. B. All negotiations regarding the lease, management contract, concession, sale or similar action regarding income property shall include review of an appraisal or analysis of the use being considered for the property conducted by a reputable and independent professional appraiser, real estate consultant or business consultant. C. The City shall seek, whenever practical and financially advantageous, to operate or manage all property and facilities directly with City staff or contractors. D. In all negotiations regarding the lease, management contract, concession, sale or similar action regarding a non-residential income property, the City shall seek revenue equivalent to the open market value of the highest and best use; and, whenever possible the City shall conduct an open bid or proposal process to insure the highest financial return. E. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings may include but need not be limited to the following: 1. The City is prevented by tideland grants, Coastal Commission guidelines or other restrictions from selling the property or converting it to another use. 2. Redevelopment of the property would require excessive time, resources and costs which would outweigh other financial benefits. 3. Converting the property to another use or changing the manager, concessionaire or lessee of the property would result in excessive vacancy, relocation or severance costs, which would outweigh other financial benefits. 4. Converting residential property to another use or opening residential leases to competitive bid would create recompensable liabilities and other inequities for long-term residents. 5. The property provides an essential or unique service to the community that might not otherwise be provided were full market value of the property be required. 6. The property serves to promote other goals of the City such as affordable housing, preservation of open space or marine related services. F. Generally, lengths of leases, management contracts, concessions or similar agreements will be limited to the minimum necessary to meet market standards and will contain appropriate reappraisal and inflation protection provisions. Also, all agreements shall contain provisions to assure complete audits periodically through their terms. G. All negotiations regarding the lease, management contract, concession, sale or similar action regarding income property shall be conducted by the City Manager or his/her designee under the direction of any appropriate City committees. H. To provide an accurate accounting of actual net revenues generated by the City's income property, all costs and charges directly attributable to the management of 16-97 a specific income property shall be debited against the gross revenues collected on that property in the fiscal year the costs are incurred. Costs and charges include property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager or by this Income Property Policy. I. The City Manager or his/her designee is authorized to sign a lease, management contract, concession or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding the foregoing, the City Manager or his/her designee, or a City Council member, may refer any lease, management contract, concession or similar agreement or any amendment thereto, to the City Council for its consideration and/or action. Adopted - July 27,1992 Amended - January 24,1994 Amended - February 27,1995 Amended - February 24,1997 Amended - May 26,1998 Amended - August 11, 2009 Amended - May 14, 2013 Formerly F-24 16-98 Attachment D Redlined Versions City of Newport Beach Coastal Land Use Plan Proposed Amendments to Chapter 3.0 Public Access and Recreation Section 3.1.3 Beach Encroachments Policies 3.1.3-3 through 3.1.3-9 The proposed amendments are indicated in redline below: 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 107 G Street. No encroachments are permitted from a point 250 feet southeast of E Street to and including 107 G Street 'Capp* AA -@4, with the exception of landscaping trees existing prior to October 22, 1991 and groundcover. E. 1400 East Ocean Front 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 construct public improvements within that zone. 16-100 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. 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. 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, transportation alternatives, restrooms, vertical or lateral walkways along the beach and similar projects. 16-101 L-12 OCEANFRONT ENCROACHMENT POLICY The City Council has approved Amendment No. 23 to the Land Use Plan of the Local Coastal Program, which established specific restrictions and conditions on the installation of private improvements in the public right of way along the oceanfront from the Santa Ana River Channel to Channel Road. Existing encroachments are located on a very small portion of the sandy beach and do not impact any of the 89 street ends and other public facilities which provide beach access through oceanfront residential communities. However, encroachments could impact access to, and public use of, the beach in the absence of an equitable and enforceable City policy limiting the extent, size and nature of the encroachments. This policy is intended to implement Amendment No. 23 by establishing a procedure for approval of permitted encroachments, removal of prohibited encroachments, limiting the extent of encroachments, and clarification of improvements permitted within .each encroachment zone. A. Definitions. 1. For the purpose of this Section, the following words and phrases shall be defined as specified below: a. Existing encroachment shall mean any encroachment or improvement installed or constructed before May 31, 1992. b. New encroachment shall mean any encroachment or improvement installed or constructed after May 31, 1992. C. Improvements or Encroachments shall mean any object or thing: i. within or oceanward of any encroachment zone described in this policy; ii. within or oceanward of the north edge of the Oceanfront Boardwalk, between 36th Street and A Street; or iii. oceanward of any residential parcel from a point 250 feet southeast of E Street to Channel Road. d. Encroachment permit shall mean the permit issued by the Public 16-102 IC C. Works Director authorizing the encroachments or improvements described in this policy. L-12 maintenance or installation of within the encroachment zones e. Application shall mean any application for an encroachment permit pursuant to the provisions of this policy and the land use plan of the local coastal program. f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean the concrete walkway along the oceanside of ocean front residential properties between 36th Street and a point approximately 250 feet southeast of E Street. Encroachment Zones. Subject to compliance with the provisions of this policy: 1. The owner of any ocean front residential parcel between the Santa Ana River and 52nd Street may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 2. The owner of any oceanfront residential parcel between 52nd Street and 36th Street may install improvements on the ocean side of the parcel up to a maximum of 10 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel 3. The owner of any oceanfront residential parcel between A Street and a point 250 feet southeast of E Street may install improvements up to the sidewalk and within an oceanward prolongation of the property lines on the side of the parcel. 4. The owner of anv oceanfront residential parcel between and includinLy 1400 East Ocean Front and Channel Road may install improvements on the oceanside of the parcel W to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. Prohibited Encroachments. 1. Encroachments and improvements are prohibited oceanward of private 16-103 L-12 property between 36th Street and A Street provided, however, the northerly edge of Oceanfront Boardwalk in this area is not always coincident with the oceanward private property line and improvements northerly of the north edge of the sidewalk are not considered encroachments or prohibited by this policy. 2. Encroachments, including irrigation systems, and improvements are prohibited oceanward of any ocean front parcel from a point 250 feet southeast of E Street to and including 107 G Streetr'hanne' n , ,,a, provided existing trees which have been planted and maintained in conformance with City Council policy, and ground cover such as ice plant or indigenous plants are not considered to be an encroachment, and will not require a permit pursuant to this policy, but the City reserves the right to remove, trim or otherwise, control the type and extent of any such landscaping. 3. Any existing encroachment or improvement for which no application has been filed on or before May 31, 1992, and any new encroachment or improvement for which no application is filed prior to installation is prohibited. 4. Any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this policy is prohibited. 5. Any new or existing encroachment or improvement for which there is no valid permit. D. Permitted Encroachment/Improvements. Subject to compliance with the provisions of this policy, the following improvements are permitted within the encroachment zones described in Section B: 1. Patio slabs or decks no higher than six inches above grade or the finished floor grade of the adjacent residence. The Public Works Director may approve minor dimensional tolerances for patio slabs and decks only upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section J. 2. Walls and/or fences less than 36 inches in height above grade or the finished floor grade of the existing residence. The Public Works Director may approve minor dimensional tolerances for walls and/or fences upon 16-104 L-12 a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section I 3. Existing improvements which were constructed in conjunction with development for which a building permit was issued may be approved by the Public Works Director upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. 4. In no event shall the Public Works Director approve a permit for an encroachment or improvement that varies more than 12 inches from the horizontal dimensional standards of this policy. E. Prohibited Improvements. 1. Except for perimeter walls and/or fences less than 36" in height, any structural, electrical, plumbing or other improvements which require issuance of a building permit. 2. Pressurized irrigation lines and valves. 3. Any object which exceeds 36 inches in height, exclusive of the following: a. trees planted by the City of Newport Beach or private parties pursuant to written policy of the City Council of the City of Newport Beach; or b. any landscaping or vegetation within the encroachment zone subject to the following: 1. The vegetation or landscaping was installed prior to the first effective date of this policy; ii. The vegetation or landscaping does not block views from adjoining property; iii. The vegetation or landscaping does not function as screen planting as d e fined in Title 20 of the Newport Beach 16-105 L-12 Municipal Code; and IV. The vegetation or landscaping does not impair or affect the health, safety or welfare of persons using the oceanfront Walk, nearby property owners, or residents of the area. V. New plant materials that have been approved under a separate California Coastal Commission permit. Notwithstanding the provisions of this Subparagraph, the City reserves the right to reduce the height of any existing landscaping at any time, upon a determination by the Public Works Director, and after notice to the owner of property on which the vegetation or landscaping exists, that a reduction in height is necessary or appropriate given the purposes of this policy. F. Permit Process. 1. An encroachment permit shall be required for all permitted improvements. The application shall be filed with the Public Works Department on a form provided by the City. The application shall be signed by the owner of the property, or an agent of the owner if the application is accompanied by a document, signed by the owner, granting the agent the power to act for the owner with respect to the property. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. Applications w i t h incomplete information and/or inadequate drawings will not be accepted. 2. Applications for existing encroachments must be filed on or before May 31, 1992. Applications for new encroachments shall be filed before any encroachment or improvement is installed. No new encroachments or improvements shall be installed without an encroachment permit. 3. Upon receipt of the application, the Public Works Director shall, within fifteen (15) days after the date of filing, determine if the application is complete or if additional information is necessary or appropriate to an evaluation of the application. In the event the application is incomplete or additional information is necessary, written notice to that effect shall be sent to the property owner within twenty (20) days after the application is filed. 16-106 L-12 4. With respect to applications for existing encroachments, an inspection shall be conducted of all improvements within the encroachment zone before a permit is issued by the Public Works Director. With respect to applications for new encroachments, an on site inspection will be conducted after installation of the improvements to insure conformity with provisions of the permit and this policy. 5. The Public Works Director shall approve the permit upon a determination that the encroachments proposed to be constructed, or to remain, are permitted by this policy, the applicant has agreed to abide by all of the terms and conditions imposed on the permit, and the applicant has paid all fees required by this policy. 6. The Public Works Director shall have the authority to condition his/her approval of the encroachment permit as necessary or appropriate to insure compliance with the provisions of this policy. The Public Works Director shall have the specific authority to condition approval of an encroachment permit on the removal of nonconforming improvements within a specified period of time. 7. The Public Works Director shall notify the applicant of his/her decision within sixty (60) days after the application is filed and the decision of the Public Works Director shall be final. G. Term. 1. Except as provided in this Section, annual encroachment permits shall expire on June 30 of each calendar year. 2. Encroachment permits issued prior to June 30,1992 shall expire June 30, 1993. H. Renewal. 1. Annual renewal fees shall be due and payable on or before May 31 preceding the annual term of the permit. For example: Annual renewal fees due on May 31, 2001, are for the period July 1, 2001 through June 30, 2002 16-107 L-12 2. The Public Works Director shall approve annual renewal if: a. The applicant has complied with all standard and special conditions of approval; b. The applicant has constructed only those i m p r o v e m e n t s and encroachments authorized by the permit; C. The applicant is in compliance with all of the provisions of this policy. I. Standard Conditions. 1. The Public Works Director shall impose standard conditions of approval on all encroachment permits. These standard conditions shall include, without limitation, the following: a. The obligation of permittee to comply with all of the provisions of this policy and all conditions imposed upon the permit. b. The right of the Public Works Director to revoke any permit after notice and hearing if the permittee is in violation of this policy or conditions to the permit. C. The right of the City to summarily abate encroachments or improvements which are prohibited by this policy or conditions on the permit upon ten (10) days written notice. d. The obligation of permittee to pay all costs incurred by the City in summarily abating any prohibited improvement. e. The obligation of permittee to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment. f. Permittee's waiver of any right to contest the City's street and public access easement over property within or oceanward of the encroachment zones. 16-108 L-12 g. The right of the Public Works Director or his designee to inspect improvements within the encroachment zone without notice to the permittee. h. The right of the City to cancel or modify any, or all, encroachment permit(s) upon a determination by the City Council to construct a public facility or improvement within or adjacent to the encroachment zone. 2. The construction of any seawall, revetment or other device necessary to control erosion, shall occur as close to private property as feasible. Erosion control devices shall not be placed or installed closer to the ocean to protect improvements or encroachments. 3. The Public Works Director may impose additional standard conditions necessary or appropriate to insure compliance with, or facilitate City administration of this policy. J. Determination of Grade. 1. The nature of the beach makes a precise determination of grade difficult. The level of the sand changes with wind, storm, and tidal conditions. The Public Works Director shall determine the level from which the height of encroachments and improvements is to be measured. In making this determination, the Public Works Director shall consider the following criteria: a. The existing grade in the area; b. Finished floor elevation or grade of the adjacent residence; C. The elevation of existing encroachments on site and on adjacent properties; d. Any data on the historic elevation of the beach in that area. 16-109 L-12 K. Annual Fee. 1. The fees based on the depths of encroachment shown below shall be established by resolution of the City Council and paid annually as a condition of the issuance of encroachment permits: Depth of Encroachment 0-5feet 5-71/2 feet 71/2- 10feet 10- 15feet 2. For purposes of determining fees, the average depth of the encroachment shall be used. However, the maximum depth shall not exceed t h e limitations specified in Section B. A dimensional tolerance not to exceed 12 inches may be allowed in determining the appropriate fee to be paid by persons with existing encroachments. 3. The annual fee shall be due and payable upon submittal of the application for the initial encroachment permit. Renewal fees shall be due May 31 of each year. The fee shall be considered delinquent thirty (30) days thereafter. Delinquent fees shall be established by resolution of the City Council. 4. The annual fee shall be used to defray City costs of administration, incidental costs of improvements on street ends along the oceanfront, and incidental costs to enhance public access and use of the ocean beaches. At least eighty-five (85%) percent of the fees shall be used by the City to implement the mitigation plan as required by Amendment No. 23 to the Land Use Plan of the City's Local Coastal Program. (See Section M.) L. Violations/Remedy. 1. The City shall, in addition to any right or remedy provided by law, have the right to do any or all of the following in the event a permittee is in violation of the provisions of this policy or any condition to the permit, or any encroachment or improvement violates the provisions of this policy: 16-110 L-12 a. Revoke the permit after giving the permittee notice and an opportunity to be heard upon a determination that there is substantial evidence to support a violation of this policy. The Public Works Director shall establish the specific procedures designed to insure that permittee receives due process of law. b. Summarily abate any encroachment or improvement violative of this policy after giving the permittee or property owner ten (10) day's written notice of its intention to do so in the event the permittee or property owner fails to remove the encroachment or improvement. The permittee or property owner shall pay all costs incurred by the City in summarily abating the encroachment or improvement. The determination of the Public Works Director with respect to abatement shall be final. M. AmendmenO,�Land Use Plan of Local Coastal Program Mitigation Plan. To mitigate any impact on beach access resulting from the encroachments the City shall: 1. Reconstruct thirty-three unimproved street ends between 36th Street and Summit to provide additional parking and approved access in accordance with the following: a. The reconstruction shall provide a minimum, where feasible, of two parking spaces per street end and shall proceed in substantial conformance with the standard drawing, attached as exhibit "A." b. The City shall use at least eighty-five percent (85%) of the fees to fund reconstruction of street ends until all have been improved. The City will use its best efforts to improve three or more street ends per year (except during the year when vertical handicapped access is constructed), and anticipates that funding will be adequate to do so. C. West Newport street -end parking spaces shall be metered in the same manner as the West Newport Park in order to encourage public use of the spaces. 16-111 L-12 2. Within three years after Council approval of this Resolution, City shall construct 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. City shall designate at least one other handicapped space at one of the first three street ends improved. 3. Subsequent to the reconstruction of all West Newport street ends, at least eighty-five percent (85%) of the fees generated by encroachments will be used for the construction of improvements which directly benefit the beach going public such as parking spaces, transportation alternatives, rest rooms, vertical or lateral walkways along the beach and similar projects. [Attachment- Exhibit "A"] Adopted- November 26,1990 Amended -July 8, 1991 (Resolution 91-80) Amended- March 9, 1992 Amended- September 28,1992 Amended -January 24, 1994 Amended- February 27, 1995 Amended- February 26, 1996 Amended- February 24,1997 Amended- March 22, 1999 Amended- May 8, 2001 Amended- October 10, 2006 Amended — Formerly L-14 16-112 L-12 t� Rr-MED SCFX.E G� h�iY kCV %,-:H I CLE s.CCsS {core) pua I C KKH RRER-- I :i iC tii.;�irr S�F�[F Pf731E�1 L-1 Exhibit -k r-------------; I , t 'ENCROAD ED AMR 1 I 41 4 LC ?i i l.5 k' it FRS 59' TO 99'14 _L.IRTiM Ll 75- SERMRE DRIVE CITY OF N WPOR ' BERCH EXHIBIT STREET ENDS (DRRFT) jW