Loading...
HomeMy WebLinkAbout16 - Amendments to Coastal Land Use Plan and Policy L-12 and the Establishment of a Comprehensive Program for Properties Along East Ocean Front - CorrespondenceMcGEE 8 ASSOCIATES LAWYERS 23 CORPORATE PLAZA SUITE 230 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (949) 640-0500 FACSIMILE (949) 640-4015 Received After Agenda Printed July 26, 2016 Item No. 16 REFER TO FILE: 060314.01 July 22, 2016 VIA EMAIL Honorable Diane Dixon, Mayor 100 Civic Center Drive Newport Beach, CA 92660 Re: Balboa Peninsula Point Oceanfront Encroachment Policy Dear Mayor Dixon, Thank you and the City staff for taking the time to meet with me and Chuck and Christine Unsworth, representatives of the Peninsula Point Oceanfront Encroachment Committee, on July 18, 2016. Based on our meeting, it is our understanding that the following points would be set forth in the City's Staff Report, as well as the proposed amended Coastal Land Use Plan, amended City Council Policy L-12 and the City Council Resolution adopting both would, among other things, set forth the following: 1. The annual encroachment permit fee would be based on land appraisals for the affected beachfront properties and would not be collected by the City until after all Coastal Commission approvals were received. 2. The use of encroachment fees would be subject to appropriate public review and City Council resolution at a public hearing. 3. Any assessment of all or a portion of the costs of removal to the land owner, under the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program, would follow negotiations with affected adjacent land owners, after due consideration of all relevant facts. We have reviewed the City's Staff Report, the proposed Council Resolution, the proposed Coastal Land Use Plan Amendment, the proposed Amendment of City Council Policy L-12, and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program. At our meeting with you, it was suggested by Dave Kiff that we Honorable Diane Dixon, Mayor July 22, 2016 Page 2 forward any comments or suggested changes. I attempted to forward the Committee's suggested changes earlier today, but was informed that the Staff Report was already in production and that no changes could be made. Kim Brandt suggested that I provide a letter with the suggested changes for the Council's consideration. Accordingly, I have attached a redlined version of the City Council Staff Report, City Council Resolution, amended Coastal Land Use Plan, and amended City Council Policy L-12 to reflect our understanding of how the encroachment program should work. The Council's consideration of the suggested changes is greatly appreciated. Sincerely, GEE & ASSOCIATES C� J F. MCGEE Enclosures JFM: cv cc: Kevin Muldoon (kmuldoonknewportbeachca.gov) Scott Peotter (speotterknewportbeachca.gov) Tony Petros (tpetrosknewportbeachca.gov) Keith Curry (keithcurrylgyahoo.com) Edward Selich (edselichgroadrunner.com) Duffy Duffield (dduffieldAnewportbeachca.gov) HACLIENT\Oceanfront Encroachments\2012\Letters\Dixon 160722.doc Exhibit A-1 Coastal Land Use Plan Amendments 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. 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." Exhibit A-2 Council Policy L-12 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 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. is L-12 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 L-12 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. L-12 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. L-12 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 L-12 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 J. In L-12 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. 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. Annual Fee. 1. The fees based on the depths of encroachment shown below shall be established by resolution of the City Council after appropriate public review, shall be based on appropriate land appraisals 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. L-12 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 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." L-12 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. 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 t o allow a view of the surfline by an individual seated i n 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, subject to appropriate public review and permits, including a Coastal Development Permit, if required. [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 L-12 - PUA-1C Bincil QRU — - - - - - - - • - -- E I REQ-Ucu 5C, -LE I E `fir VEHICL-E --- ACCESS €cmcwD z= "i� a P?RlRllaa r? PL t 0 40 LCkdFll0NS % FROM 55' TO 98' SEASHORE DRIVE 1? LG4RIIONS Q 25` . _ CITY OF NE14PORT Br TYPICAL 75 FST STREET E n. FT L-12 MIDIT JW' FT Exhibit A-3 East Ocean Front Comprehensive Encroachment and Removal and Replacement Program 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 as the Amendment is effective and subject to appropriate public review and permits including a Coastal Development Permit, if necessary; 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. City Council Resolution No. Paae 2 of 3 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. The annual fees for the encroachment permit under Council Policy L-12 Amendment shall be deferred until all necessary Coastal Commission approvals of the Amendment are received. The City will determine after negotiation with appropriate adjacent property owners, the fair share, if any, of the cost of removal under the Removal and Replacement Plan from appropriate adjacent property n%nin a rc 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. City Council Resolution No. _ Paae 3 of 3 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. 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