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HomeMy WebLinkAbout07-27-2017_ZA_MinutesNEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/27/2017 Page 1 of 5 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1st Floor) Thursday, July 27, 2017 REGULAR HEARING 3:30 p.m. A. CALL TO ORDER – The meeting was called to order at 3:30 p.m. Staff Present: Patrick J. Alford, Zoning Administrator Gregg Ramirez, Senior Planner David Lee, Planning Technician Mark Vukojevic, Deputy Public Works Director/City Engineer Robert Stein, Assistant City Engineer B. REQUEST FOR CONTINUANCES None. C. MINUTES of July 13, 2017 Action: Approved D. PUBLIC HEARING ITEMS ITEM NO. 1 4020 Channel Place Coastal Development Permit No. CD2017-045 (PA2017-101) Site Location: 4020 Channel Place Council District 1 David Lee, Planning Technician, provided a brief project description stating the property is located in a residential zoning district and a coastal zoning district. A construction pollution prevention plan was prepared to minimize pollution and run-off into coastal waters during demolition. The project site will not affect public recreation, access, or views. The coastal development permit is for demolition only. A separate coastal development permit will be required for future development on the lot. Applicant Joe Foster stated that he had reviewed the draft resolution and agrees with all of the required conditions. The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved ITEM NO. 2 Balboa Island Seawall Improvements No. CD2017-033 (PA2017-078) Site Location: North and South Bay Front, Balboa Island Council District 5 Gregg Ramirez, Senior Planner, provided a brief project description stating that the requested coastal development permit would allow an approximate 9-inch concrete cap to be placed on top of the existing seawalls located on North and South Bay Front. This would not affect Little Balboa Island. The project also includes gaps in the seawall cap and seawall to preserve public access to beaches and docks on the island. A design feature includes an additional step to provide access to the existing private docks on the island. The purpose of the cap is to provide flood protection during high tide events, storm surges, etc. There will be no impact to existing public access. Public access during construction will be maintained, and half the boardwalk will remain open for the majority of the construction period. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/27/2017 Page 2 of 5 Bob Stein, Assistant City Engineer, of the Public Works Department, on behalf of the City of Newport Beach, reported the City began the planning process in 2011 with a series of meetings with the Tidelands Management Committee and with the public. Seawalls around Balboa Island are approaching 90 years old, and their useful lifespan was 75 years. The seawalls are not at the proper elevation to protect the island from flooding. The proposed cap would be placed on the existing cap. Even with the 9-inch lift, the seawall will be shorter than other seawalls in and around the harbor. It is estimated the extension will provide protection for the next ten years. A pedestrian access gap will be located at every street end to provide access to the beaches. During a high tide event coupled with a storm event, stop boards will be inserted into gaps to prevent flooding. The Zoning Administrator opened the public hearing. One member of the public, Mark Golan, requested additional details about the stop boards at public access gaps and inquired whether the project addressed seepage that is occurring in the seawalls. Mr. Stein advised that the stop board will have a rubber gasket at the bottom to seal against the concrete. In a flood event, seepage will occur but will be miniscule compared to the amount that occurred as late as 2010. There could be seepage between the bottom of the stop board and the concrete. The City has an ongoing program to caulk cracks. The material stop board barriers will be a composite of fiberglass and plastic. One member of the public, Lee Feliing, requested information about actions related to Grand Canal. Mr. Stein indicated the Grand Canal is not part of the project. The top of the seawall on the Grand Canal is about 9 inches higher than the north side of Balboa Island. With the proposed project, the north side of the Grand Canal will have the same flood protection as raised seawalls. In the next 10-20 years, there will likely be a project to install new seawalls on the Grand Canal. One member of the public, Jean Varon, inquired about the need for this project, methods to prevent children from falling off the seawall, who decides when stop boards are placed in the gaps, and the amount and final disposition of sand being added to Balboa Island. Mr. Stein advised that stop boards would temporarily prevent easy access to the beach. Staff anticipates installing stop boards for approximately twice a year during high tide events and as needed during forecast storm events. Because railings cannot be placed atop the seawalls, caregivers will have to watch children more closely. If sea level rise necessitates additional increases in seawall height, then the City will raise the boardwalk height along with the seawall. A high tide with wind waves could flood all of Balboa Island, which necessitates a higher seawall. One member of the public, Ron Corradiny, asked about the stairs into the Bay as shown on the website, a homeowner raising his pier to the elevation of the new seawall without obtaining a Coastal Commission permit; and a permanent solution if the project is a temporary measure. Mr. Stein stated a homeowner can raise his dock without obtaining a Coastal Commission permit if the piles are not altered. The Zoning Administrator clarified that all development in the Coastal Zone requires a coastal development permit unless the project is exempt or categorically excluded. If a project is outside the City's jurisdiction area, then a homeowner would have to request a permit from the Coastal Commission. A development project is subject to review in a separate process. Assurances as to whether raising a dock would require a coastal development permit cannot be made at this time. Mr. Stein explained that the seawall would be modified to have steps extending toward the Bay. That concept would require a coastal permit. The City Council is allocating funds to replace seawalls, which may occur in 5-20 years. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/27/2017 Page 3 of 5 One member of the public, Robert Anderson, felt the project is a waste of time and money and the seawall should be replaced. A step of 9-11 inches is not Code legal. Mr. Stein stated the City is attempting to balance the need to protect infrastructure and homes with the need to protect the aesthetic element of Balboa Island. The proposed project will provide protection for the next decade and allow the City Council to set aside funds for a longer-term solution. The City is maintaining the current condition with the steps on the seaward side. One member of the public asked if the steps would remain at the existing height. Mr. Stein reported the proposed project is modeled after the 1980s project on Little Balboa Island. Access points will allow people to clear the wall and move onto the beach. One member of the public, Jean Frizzell, inquired about the cost of the project. Mr. Stein indicated the engineer's estimate for this project is approximately $1.5 million. The cost of a new seawall is estimated at $70 million. One member of the public, Wayne Buvion, asked about the length of time for construction of the project and whether the project needs to be built. Mr. Stein explained that the project would be constructed in seventeen work zones of 450 feet in length each, with construction in three work zones occurring simultaneously. Each work zone could be completed in approximately two weeks. The entire project could be completed in three to four months. A four-foot pathway along the boardwalk would remain open during construction except for short periods of when the entire boardwalk may be closed for the movement of construction materials. Modeling of storm events and sea level rise indicate the need for the project. One member of the public, Buzz Lau, did not believe the 9-inch step is legal. He asked if a homeowner could pay the City to install a gap at his dock. Mr. Stein reiterated that the proposed project is based on the 1980s project on Balboa Island. Depending upon homeowners to block those gaps in a high tide event may not be feasible. The Zoning Administrator did not believe such a concept could be accommodated as a condition of approval for the project. The concept could put the integrity of the project at risk and could not be addressed during the hearing. Mark Vukojevic, Deputy Public Works Director/City Engineer, explained that the 1980s project for Little Balboa Island is the best representation of the proposed project. One member of the public, Jim Christiansen, stated the step on the plans is not representative of the height of the seawall at North Bay Front. Mr. Christiansen commended Mr. Stein for meeting with the public and answering questions. He questioned whether the City will bring in sand to decrease the height of the step and whether the City could obtain one Coastal Commission permit to raise all docks and then charge homeowners. Mr. Stein advised that staff would research whether the City could obtain a permit for all docks. The Zoning Administrator indicated that a precedent existed for a master permit to handle multiple project sites. Mr. Stein explained that the existing 18-inch drop from the top of the existing wall to the sand will be the same if pedestrians cross at the gaps. Staff will review the most strategic locations for gaps. Where the wall is sufficiently wide, the step will be inserted within the wall. One member of the public, Don Larson, asked if people will have to go underneath the docks to reach the other part of the beach. The docks are not in good shape for people to be beneath them. The step to the sand will only be worse if the City adds sand. He inquired about the construction start date. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/27/2017 Page 4 of 5 Mr. Stein understood the City has a sand replenishment program and is talking about increasing the program. He asked if the permit would allow the City to add pedestrian gaps if needed. The Zoning Administrator advised that revisions to an approved permit have to be found in substantial conformance with the permit. The City could not remove any existing public access points. The City could possibly, but not certainly, add pedestrian access gaps. Mr. Stein advised that staff hopes construction will begin in October with a break over the holidays. Construction should be complete by the end of February. One member of the public, Dave Casper, inquired whether the elevation at top of concrete is constant around the island, whether the high tide events are 7.1 feet or greater, and whether staff can prevent people from blocking the access point to Ruby Beach. Ruby Beach is an active beach usually packed with people and people will block the access points. Mr. Stein replied that the top elevation of the seawall will be constant on the north and south sides but the elevations differ. The height of the cap will vary approximately 9 inches. He corrected his earlier statement in that high tide events occur six times a year. These events tend to have tides greater than 6.5 feet. Staff will review the plan and perhaps incorporate a second access point at Ruby Beach into the plan. One member of the public, Ted Cooper, asked how much the Bay has risen in the past 90 years. Mr. Stein answered that the water has risen 8 inches since 1850. There were no other public comments. The Zoning Administrator inquired about the projected life of the project and about the amount of sea level rise the project could accommodate, using the best available science. Mr. Stein explained that the approximate 9-inch increase in seawall height is justified by the 2-3 inches of overtopping that is occurring. Adding a 6-inch free board and considering various projections, the project might be viable to 2027, 2030 before the situation recurs. While sea levels are not rising as fast on the West Coast as on the East Coast, scientists are concerned that the West Coast will catch up to the East Coast. The City plans to locate a sea level gauge in Newport Bay in order to monitor sea levels. Mr. Ramirez added that the Coastal Commission uses a range of 2-12 inches for sea level rise to 2030. The Zoning Administrator asked if denial of the project could make it more difficult to make findings to approve future coastal development permits for adjacent properties. Mr. Ramirez answered that denial of the project could affect the coastal development permit findings for adjacent properties. Whether adequate sea level rise protection is considered for each coastal development permit. The Zoning Administrator inquired whether staff is confident that steps will be adequate and will not present any potential liability issues for the City. Mr. Stein reported the City had received no claims based on the same design implemented on Little Balboa Island. The design for public docks is a little different and addresses the issue. The Zoning Administrator inquired whether existing gaps for public access are depicted on the plans. Mr. Stein replied yes. NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 07/27/2017 Page 5 of 5 The Zoning Administrator asked if staff preferred the Community Development Director or the Public Works Director be able to authorize additional access points, where needed. Mr. Ramirez felt the Community Development Director would be the appropriate person. The Community Development Director would work closely with the Public Works Director to ensure additional access points are placed in the proper locations. The Zoning Administrator modified Condition Number 1 to reflect that the Community Development Director will have the authority to approve additional public access points in the wall in order to maintain current levels of public access when and where necessary. Facts in support of Finding B are revised to "the seawall is located on the seaward side of the public boardwalk along North and South Bay Front. The position and location of the existing seawall will not be altered. Existing gaps in the seawall providing vertical public access located at street ends, beaches, and at public docks will be maintained." The second fact in support of finding would read "temporary barriers will only be inserted into gaps prior to high tide and storm surge events and removed soon thereafter. Tidal and storm events will be monitored by the Public Works Department and Harbor Resources Division. The barriers will be installed approximately 48 hours in advance of the potential flooding event and removed within 48 hours after the event." Action: Approved with changes stated Zoning Administrator Alford related the process for appealing his decision. E. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. F. ADJOURNMENT The hearing was adjourned at 4:43 p.m. The agenda for the Zoning Administrator Hearing was posted on July 21, 2017, at 1:30. p.m. in the Chambers binder and on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City’s website on July 21, 2017, at 2:00 p.m. Patrick J. Alford, Zoning Administrator