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HomeMy WebLinkAbout15 - Local Coastal Program Implementation PlanPO CITY OF z NEWPORT BEACH Cq G�p� P City Council Staff Report November 10, 2015 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager PHONE: (949) 644-3235 TITLE: Local Coastal Program Implementation Plan ABSTRACT: The draft Local Coastal Program (LCP) Implementation Plan is a regulatory document intended to implement the policies of the California Coastal Act and the City's certified Coastal Land Use Plan (CLUP). RECOMMENDATION: a) Conduct a public hearing; b) Find that approval of the LCP Implementation Plan is statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and c) Adopt Resolution No. 2015-99, A Resolution of the City Council of the City of Newport Beach, California, Approving the Local Coastal Program Implementation Plan (PA2013-001), and authorizing the submittal of applications to the California Coastal Commission for review and approval. FUNDING REQUIREMENTS: Budget Includes Sufficient Funding The current adopted budget includes sufficient funding for this program. The City Council has allocated $75,000 in FY 2014-15 for LCP certification (7014-C8002031), of which $64,425 remains. In addition, the City received a $67,000 grant from the California Coastal Commission for LCP certification. Post -certification LCP administration costs will be expensed to the 01 050501-521 01 5 account in the Community Development Department. Future administrative costs 15-1 Local Coastal Program Implementation Plan November 10, 2015 Page 2 associated with LCP administration will be addressed in the Discussion section of this report. DISCUSSION: Introduction Pursuant to the California Coastal Act of 1976 (Coastal Act), each local government lying, in whole or in part, within the coastal zone is required to prepare an LCP for that portion of the coastal zone within its jurisdiction. In addition, Senate Bill 516 (Chapter 11, Statutes of 2001) requires the City to submit an LCP to the Coastal Commission for approval and certification. Senate Bill 516 allowed the County of Orange to continue to exercise coastal development permit review authority in Newport Coast through its certified LCP after this area was annexed to the City. An LCP consists of a land use plan and an implementation plan. A land use plan indicates the types, location, and intensity of land uses, and the applicable resource protection and development policies. The implementation plan consists of the zoning regulations, maps, and other legal instruments necessary to implement the land use plan. The first part of the LCP, the CLUP, was certified in 2005 and a major update was certified in 2009. After an LCP is adopted locally, the LCP must be certified by the California Coastal Commission (Coastal Commission). LCP Implementation Plan The Planning Division prepared the draft LCP Implementation Plan (Draft IP) under the direction of the City's General Plan/Local Coastal Program Implementation Committee (Attachment B). The Draft IP uses the organization and terminology of the Zoning Code. In addition to land use and property development regulations, the Draft IP incorporates other existing Municipal Code regulations (i.e., water quality, landscaping, subdivisions, and harbor operations) needed to implement Coastal Act and CLUP policies. The Draft IP also contains new regulations and procedures on public access, resource protection, and administration. 15-2 Local Coastal Program Implementation Plan November 10, 2015 Page 3 Land Use and Property Development The Draft IP incorporates the existing Zoning Code land use and property development regulations. Therefore, no changes are proposed to allowed uses, setbacks, height limits, off-street parking, etc. However, additional regulations are proposed that are necessary to implement CLUP policies. The key changes involve: • Coastal Act Priority Uses. The Coastal Act establishes priority for coastal - dependent, coastal -related, visitor -serving, and recreational development over other development on the coast. The Draft IP addresses priority uses primarily through the existing Commercial Recreational and Marine (CM) and Commercial Visitor -Serving (CV) Coastal Zoning Districts. The mixed-use coastal zoning districts (MU -W2, MU -V, and MU-CV/15th St) on Balboa Island and Balboa Peninsula also give priority to visitor -serving and recreational land uses (Draft IP Chapters 21.20, 21.22 and 21.26). • Visitor Accommodations. Projects involving the development of new visitor accommodations or the demolition, conversion, closure, or cessation of existing visitor accommodations will be reviewed to determine potential impacts to low cost visitor -serving accommodations; any identified impacts will have to be mitigated (Draft IP Section 21.48.025). • Public Beaches. Public beaches will be protected for free and lower cost recreational uses; the Dory Fishing Fleet will be accommodated; and current beach closure regulations are recognized as grandfathered and not subject to Coastal Commission review (Draft IP Section 21.48.055). • Public Trust Lands. Lands subject to the Common Law Public Trust will be limited to navigation, fishing, commerce, public access, water -oriented recreation, open space, and environmental protection, with legislative exceptions for Beacon Bay, Balboa Bay Resort, and Harbor Island (Draft IP Section 21.48.085). • Special Events. A coastal development permit will be required for special events involving exclusive use of a beach if it occurs during summer months, has the potential to impact coastal resources, charges a fee, or involves permanent structures or grading (Draft IP Section 21.48.095). • Property Development Standards. Non-residential waterfront projects and projects in hazardous areas will be subject to additional development standards and procedures (Draft IP Section 21.30.015). 15-3 Local Coastal Program Implementation Plan November 10, 2015 Page 4 • Bicycle Parking. Non-residential projects with floor areas of 10,000 square feet or more will be required to provide bicycle parking spaces equal to 5 percent of the number of off-street parking spaces required (Draft IP Section 21.40.045). • Non -conforming Structures. Structures that are non -conforming due to a coastal resource protection development regulation will have to be brought into conformity if more than 50 percent of the exterior walls are demolished or replaced (Draft IP Section 21.38.040.H). Public Access and Recreation One Coastal Act goal is to maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone. In recognition of this goal the Draft IP establishes new standards and procedures for the protection and provision of public access to and along the shoreline and recreational opportunities. The provision of public access is required to bear a reasonable relationship to and be proportional with the project's impact. Coastal Act exemptions from public access requirements are incorporated as well as procedures for modification or waiver of public access requirements (Draft IP Chapter 21.30A). Resource Protection Another Coastal Act goal is to protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural resources. Habitats. The Draft IP contains standards and procedures for the protection of natural habitats and other coastal resources. Some of them are based on existing regulations, such as the Bluff Overlay. Others are new, including those protecting environmentally sensitive habitat areas (ESHAs) and open coastal waters, wetlands, and estuaries (Draft IP Chapter 20.30B). Visual Resources. The Draft IP includes a procedure to insure that new development is designed to protect the scenic and visual qualities of the coastal zone. If an initial evaluation determines that a proposed development has the potential to significantly impact a public viewshed or the scenic and visual qualities of the coastal zone, a view impact analysis may be required (Draft IP Section 21.30.100). The Draft IP includes a new Canyon (C) Overlay District for Buck Gully and Morning Canyon areas. The C Overlay implements a stringline setback for development that has been in effect since 2007. The stringline setback limits development on canyon faces by establishing a development stringline where a line is drawn between the nearest 15-4 Local Coastal Program Implementation Plan November 10, 2015 Page 5 adjacent corners of existing principal and accessory structures on either side of the subject property (Draft IP Section 21.28.050) Cultural Resources. To protect coastal zone historical and cultural resources, the Draft IP requires an initial evaluation for projects that are located within or near known paleontological, archaeological, and historical sites. If the initial evaluation determines that there is the potential for a significant impact, additional site specific studies may be required (Draft IP Section 21.30.105). Administration Coastal Development Permits. The Coastal Act requires a Coastal Development Permit (CDP) for most development within the coastal zone. However, there are exceptions for common types of development, such as improvements to existing structures, and repair and maintenance projects (Draft IP Section 21.52.035). The Zoning Administrator would have review authority for all CDPs, unless the project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), in which case, the Planning Commission would have review authority. Zoning Administrator decisions on CDPs can also be appealed to the Planning Commission. The administrative provisions contained in Chapter 21.50 are summarized in Table 1 below. TABLE 1 Coastal Development Permit Review Authority by Permit Type CDD Director Zoning Planning City Council Coastal Authority Administrator Commission Authority Commission Authority Authority Authority Waivers for de CDPs within original minimis Appeals Appeals permit jurisdiction Waivers for existing development areas single unit dwellings and other existing CDPs structures Appeals of CDPs CDPs with CDPs with CUPs, within appeal areas modification variances, major CDPs with LCP permits, minor use site development amendments permits, minor site review, etc. Emergency CDPs development review, etc. CDPs within deferred certification areas 15-5 Local Coastal Program Implementation Plan November 10, 2015 Page 6 The number of CDPs required will likely vary from year to year. Using 2014 as a guide, staff estimates that 145 projects would be subject to CDPs. Of these, approximately 57 would be excluded from permit requirements by the Categorical Exclusions (Cat Ex) (discussed below). Based on past Coastal Commission actions, as many as 30 projects could qualify for CDP waivers if the project's impacts were found to be insignificant. Therefore, approximately 58 projects would require a CDP. An unknown percentage of these projects may require some other discretionary permit (e.g., conditional use permit, modification permit, parcel map, etc.), which would be processed concurrently with the CDP application. TABLE 2 Projects subject to CDPs 145 Covered by Cat Ex -57 Potential Waiver -30 TOTAL 58 Please note that these estimates are for landside projects. The Coastal Commission retains permit jurisdiction for projects below the mean high tide; therefore, projects such as piers and docks will continue to require CDPs from the Coastal Commission. Cateqorical Exclusions. The Coastal Act also allows the Coastal Commission to create categorical exclusion orders, which exempts categories of development that do not have the potential to create a significant adverse effect on coastal resources or on public access. The City was granted a Cat Ex in 1977 that excludes single -unit and two - unit projects from CDP requirements, with the exception of the first row of lots on the shoreline. Pursuant to the Coastal Act, the Cat Ex will automatically terminate after the LCP is certified; therefore, the terms and conditions of the Cat Ex have been incorporated into Section 21.52.045 of the Draft IP to ensure that the provisions are maintained after certification. Permit and Appeal Jurisdiction. After certification of an LCP, the Coastal Commission retains original permit jurisdiction over submerged lands, tidelands, and public trust lands and has appellate authority over development approved by local government in specified geographic areas. The Coastal Commission is responsible for the preparation of maps depicting where the Coastal Commission retains permit and appeal jurisdiction. These maps will be adopted by the Coastal Commission following the certification of the LCP. Staff has created maps depicting the approximate boundaries of original permit jurisdiction and appeal areas (Attachment C). 15-6 Local Coastal Program Implementation Plan November 10, 2015 Page 7 LCP Administration Costs The LCP administration costs will be recovered through permit fees. A cost of service/fee study has yet to be conducted. However, it is believed the current site development review application is comparable to a future CDP application. Under the current fee schedule, a minor site development review application fee is $2,386. A major site development review application requires a $5,000 deposit and is billed at the current hourly rate of $170 per hour. City application fees are estimated to be significantly lower than those charged by the Coastal Commission. The City CDP application fee for a hypothetical 20,000 -square - foot commercial project would be approximately $2,400. The Coastal Commission CDP application fee would be based on either the gross square footage ($16,620) or the development cost ($3,324 to $277,000), whichever is greater. Coastal Zone Boundary Adjustments The Coastal Act established the coastal zone boundary; therefore, to add or remove an area from the coastal zone requires a Coastal Act amendment either by the Legislature or ballot initiative. However, the Coastal Act does allow the Coastal Commission to make limited adjustments to the boundary to avoid bisecting any single lot or parcel or to conform it to readily identifiable natural or manmade features. Such adjustments are limited to a maximum distance of two hundred (200) yards. The City intends to submit a request for boundary adjustments to the Coastal Commission. Maps depicting the proposed adjustments are provided in Exhibit B of Attachment A. Public Outreach The Coastal Act calls for maximizing opportunities for the public and all affected governmental agencies to participate in the preparation and certification of LCPs. In January 2015, the City distributed various forms of notice announcing the availability of draft IP and inviting all interested persons to attend community meetings. The City conducted four community meetings in February and March, 2015. The Harbor Commission conducted a study session on May 13, 2015, and the Planning Commission held study sessions on April 23, September 3, and September 17, 2015. The General Plan/Local Coastal Implementation Committee meetings were also open to the public and they met nineteen (19) times over a 28 -month period. 15-7 Local Coastal Program Implementation Plan November 10, 2015 Page 8 Coastal Commission Staff Collaboration The City worked cooperatively with Coastal Commission staff on the Draft IP. Beginning in 2012, City and Coastal Commission staff identified key issues and exchanged ideas on methods to address them. After the public review draft was released in February 2015, a series of meetings were conducted to review Coastal Commission staff comments to specific Draft IP sections and issue topics. While the meetings have been productive, Coastal Commission staff has admitted that additional review of the Draft IP is needed. Key Issues Staff has identified eight remaining key issues that present potential areas of disagreement with Coastal Commission staff: Coastal Bluffs Beach Curfews Coastal Canyons Permit and Appeal Jurisdiction Maps Priority Land Uses Continuation of the Cat Ex Preferential Parking Districts Sea Level Rise The Coastal Commission staff position and the City's response to these issues are summarized in "LCP Implementation Plan Key Issues" (Attachment D). City staff will continue to work with the Coastal Commission staff to resolve these issues after the LCP application is submitted. City staff will seek further direction from the General Plan/Local Coastal Implementation Committee, as needed, to resolve these issues. Schedule If the Draft IP is approved by the City Council, staff will submit the applications to the Coastal Commission by December 2015. Coastal Commission staff will have 10 working days to deem the application as "submitted." A public hearing on the LCP must be held by the Coastal Commission no later than sixty (60) days following the day on which the LCP was properly submitted. However, it is likely that Coastal Commission staff will request and will be granted an extension for up to one year. Coastal Commission staff has agreed to a schedule that includes a certification hearing in 2016. Our targeted hearing dates are either March or June 2016. If the Coastal Commission certifies the Draft IP, the City Council will have the opportunity to accept and agree to any terms or modifications by adopting the Draft IP by ordinance at a public hearing, possibly in April or July 2016. Coastal Commission 15-8 Local Coastal Program Implementation Plan November 10, 2015 Page 9 acceptance of the City's action could occur at the Coastal Commission's August 2016 hearing. ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the proposal is statutorily exempt from CEQA pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. NOTICING: Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, 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; notice of public hearings were mailed to local governments and state and federal agencies, and all property owners in the coastal zone. ATTACHMENTS: Attachment A — Draft Resolution Attachment B — Draft LCP Implementation Plan (under separate cover) Copies of the draft LCP Implementation Plan can be viewed at the Newport Beach Civic Center, Community Development Department Planning Division, and at all branches of the Newport Beach Public Library. The draft LCP Implementation Plan is also available in PDF format on the City of Newport Beach Internet site at http://newportbeachca.gov/LCPCert. Attachment C — Approximate Boundaries of Original Permit Jurisdiction and Appeal Areas Attachment D — LCP Implementation Plan Key Issues 15-9 Attachment A Draft Resolution 15-10 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) WHEREAS, the California Coastal Act of 1976 (Coastal Act) established policies relating to shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works; WHEREAS, to achieve maximum responsiveness to local conditions, accountability, and public accessibility, the Coastal Act relies heavily on local government and local land use planning procedures and enforcement through the preparation of Local Coastal Programs; WHEREAS, the Land Use Plan portion of the City of Newport Beach's (City) Local Coastal Program (LCP) was adopted in 2005 and certified by the California Coastal Commission (Coastal Commission) in 2005; however, the Implementation Plan of the LCP was not completed; WHEREAS, in 2001, the California Legislature adopted Senate Bill 516, which amended the Coastal Act to require the City to submit a LCP to the Coastal Commission for approval and certification; WHEREAS, a public hearing was held on October 8, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission adopted Resolution No. 1996 recommending approval of the LCP Implementation Plan to the City Council; and WHEREAS, a public hearing was held on November 10, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council finds that pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the LCP is statutorily exempt from CEQA, pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and 15-11 City Council Resolution No. Paae 2 of 6 Chapter 3 of the Coastal Act, because CEQA does not apply to a local government's preparation and adoption of a local costal program. Section 3: The City Council finds that pursuant to California Public Resources Code Section 30503, the City provided maximum opportunities for the public and all affected governmental agencies to participate in the preparation and certification of the LCP Implementation Plan, including, but not limited to, the following outreach efforts: 1. In January 2015, the City distributed the following notices announcing that a draft of the LCP Implementation Plan was available online and at all branches of the Newport Beach Public Library. Furthermore all interested persons were invited to attend LCP community meetings. a. A mailer to all property owners in the coastal zone. b. Display ads published in the Daily Pilot newspaper. c. A news release. d. Posting on the City's social media sites. e. A City E-mail news alert. f. A letter mailed to community associations. g. Notice of Availability to local governments and state and federal agencies. h. Notice to any member of the public who so requested. 2. Community meetings on the Draft Implementation Plan were conducted on February 11, 2015, February 18, 2015, February 25, 2015, and March 4, 2015. 3. The Harbor Commission held a study session on the Draft Implementation Plan on May 13, 2015. 4. The Planning Commission held study sessions on the Draft Implementation Plan on April 23, 2015, September 3, 2015, and September 17, 2015. 5. Notice of availability of the LCP Implementation Plan Public Hearing Draft and public hearings was mailed to local governments and state and federal agencies on September 23, 2015. 6. Notice of public hearings was mailed to all property owners in the coastal zone. 7. Notice of the Planning Commission and City Council public hearings were published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. Section 4: The City Council finds that pursuant to the Coastal Act, the City actively consulted and collaborated with Coastal Commission staff during the preparation of the LCP Implementation Plan. 15-12 City Council Resolution No. Paae 3 of 6 Section 5: The City Council finds that the LCP Implementation Plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with California Public Resources Code Sections 30200 et seq.) of the Coastal Act. Section 6: The City Council finds that the LCP Implementation Plan conforms with, and is adequate to carry out, the provisions of the certified Coastal Land Use Plan. Section 7: The City Council of the City of Newport Beach hereby approves the Local Coastal Program Implementation Plan as attached in Exhibit A, and incorporated herein by reference. Section 8: The City's certified Coastal Land Use Plan, including the LCP Implementation Plan, will be carried out fully in conformity with the Coastal Act. Section 9: The City Council hereby authorizes City staff to submit the following applications to the California Coastal Commission for review and approval: 1. The LCP Implementation Plan; 2. A request to adjust the inland boundary of the coastal zone as depicted in Exhibit B, attached and incorporated herein by reference; and 3. A request to extend the terms and conditions of Categorical Exclusion Order E-77-5. Section 10: The LCP Implementation Plan and coastal zone boundary adjustments shall not become effective until adoption by ordinance of the City Council of the City of Newport Beach and certification by the California Coastal Commission. Section 11: 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 12: This resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of , 2015. Edward D. Selich, Mayor 15-13 City Council Resolution No. Paae 4 of 6 ATTEST: Leilani I. Brown, City Clerk 15-14 City Council Resolution No. Paae 5 of 6 EXHIBIT A Draft Local Coastal Program Implementation Plan CC Draft 1 (Available separate due to bulk) 15-15 City Council Resolution No. Paae 6 of 6 EXHIBIT B Coastal Zone Boundary Adjustment Maps 15-16 15-17 �•OP y/17'W'" qLtiq`F 0�0 P� `' Gy J� QQ-1 SF 2 R � FTti SAA q` 0LF .�`' 'N, F O QO SFOO�Oq`F PJ Ty/� O ♦ s ♦♦ ♦ 'N'APS . ♦' ♦♦ �Q °QQ • t� sF°° Tye Q RSD -A �OgLF R q`F ■ ISABELLA TER FCIO P Ty�'Po -C QQ{P • m qLF 9�' q`F Q° • D O `G Q • A PJB 0�0 SF00 • po 0 Oq RIVERA TER D 0� PJ P A MF�00 RSD -A Fs01 Iq TF ;• 1 00 V ; / c° P�� �� qLF / C, A HS.ry� �,OP QQ k' / G,� Q TFR DESOLATER pR G)Q m FA S SERRN 00 "9Sr �QQ �� A �OF F City Of Costa Mesa �y< City of Irvine j C �pQ r C Legend � m r cC z qsT y Hey p ollolls, Coastal Zone Boundary Per Adopted Land Use Plan Pacific Ocean City of agunaBeac SEAWARD SF Coastal Zone Boundary - Proposed Adjustment H� � r RO RD R SEAWARD o �4wrpR� e °y Upper Buck Gully 0 75 150 300 Feet Document Name: CZB IP Buck Gully 15-17 15-18 C•j � J �P tia�R Legend RM-C y�Q� °c qs S HOSPITAL RD a Coastal Zone Boundary - Proposed Adjustment O N minims- Coastal Zone Boundary Per Adopted Land Use Plan °Q'P Cpl MC N e CPONP CityBoundary o' ® Property Removed From Coastal Zone 2i c / z z ° � �' w o a PVP / / G,ZFi- HOAG RO S PROP SUPVNEW-WIll c �0 11n111111n2111a11n��n���n��n♦ n o OPgP� m Ct O ,O 2 PI-B m OAST NwY w ° 2 /y O City of Costa Mesa a F S� drN d Y NPPJE VP P City of Irvine COAST PPNPP B A HWYW O 2 o SPNt +H SW O V S °c y W m � w p W m BALB me0 COAST HWYW 2 m Pacific Ocean m QCCOOVEs RSD-q W BALBOA COV ES ° BALBOq COAST HWY COAST HWY W COAST HWY W COVES ,O City of ' � aguna Beach Q� dad = CM- � �4wrpR� oy e Hoag Hospital 0 100 200 400 Feet Document Name: CZB_IP_Hoag 15-18 15-19 � 0c Legend Coastal Zone Boundary - Proposed Adjustment minims- Coastal Zone Boundary Per Adopted Land Use Plan �9 �2 ? City Boundary "2�Rs MFsq 0�F Property Removed From Coastal Zone ��' aR e� yQ {,��•� 9P RS/T� � Co�NG�R o�G� O cTR�sT AA 'bF S 90 H v{e�� S9L cRs s F. S,9OR GH 92 �� eHo LHF � U) O FRs /TYGR ~ ��• � Hid q�P {S e q��y Q'� • M � � M RFs HSA qoH < �•••�, r 49, Q r �a �,� P dN y mP Q y P� `N City of '10 SF� S "1 0P Costa Mesa .y City of Irvine 019 Pacific Ocean OS City of aguna Beac os r Upper Back Bay / Mesa Drive Alignment ,,,,opfia 0 150 300 600 Feet Document Name: CZB_IP_Upper_Back_Bay 15-19 15-20 c Legend rro`sr 6 rO Sri 00,4 City Boundary o •••• Coastal Zone Boundary Per Adopted Land Use Plan e'Pi �oP� Coastal Zone Boundary - Proposed Adjustment B YCRES P� ® Property Removed From Coastal Zone to eP O 0P 6,9y0 Fsrc U eqC ��FW 4P ��OQO 6P JP 6yY ORF a w � _ P COR�0R9 ORCy w m I OT P vRo Pe'' tir ,.e o c�9G� C trC`,, UP G011111 -e ��017 T 01 G City of FiPNS 0\R Ciie Costa Mesa BAy��EW R'qY City of Irvine OS 3P w w Pacific Ocean 0 0 a City of _ aguna Beach IL 0S S � �4wrpR� °y e Upper Back Bay / Bayview 0 100 200 400 Feet Document Name: CZB IP_Upper_Back Bay_Bayview 15-20 15-21 • •Coastal Zone Boundary - Proposed AdjustmentProperty Removed From Coastal Zone � r o / N 15-21 Attachment B Draft LCP Implementation Plan (under separate cover) Copies of the draft LCP Implementation Plan can be viewed at the Newport Beach Civic Center, Community Development Department, Planning Division, and at all branches of the Newport Beach Public Library. The draft LCP Implementation Plan is also available in PDF format on the City of Newport Beach Internet site at http://newportbeachca.gov/LCPCert. 15-22 Attachment C Approximate Boundaries of Original Permit Jurisdiction and Appeal Areas 15-23 r ME' ��� ���� ' \■I ■1111 P PO AR /� �./ , •'r �I 1, X11\ This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located within an area which is committed to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City of Newport Beach Community Development Department and/or the Executive Director of the Coastal Commission for clarification and information. This map may be updated and may not include all lands where post-LCP certification permit and appeE jurisdiction is retained by the Coastal Commission. cw'llk� City of Newport Beach (West Newport Area) Document Name: LCP2015_appeal_permit_West Newport_August2015 In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel and the Coastal Commission decide to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. Post -Local Coastal Program Implementation Plan Approximate Boundaries of Permit Jurisdiction and Appeal Areas Map 1 of 3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land C3 Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. 016 Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary City Boundary Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream — 100 ft From Wetland 300 ft From Bluff Edge I ILI Od LVAMAI N 2A 1 2,000 Feet N 15-24 co�T Is - -- -- -- -- -- -- -- --. w SM I This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located within an area which is committed to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City of Newport Beach Community Development Department and/or the Executive Director of the Coastal Commission for clarification and information. This map may be updated and may not include all lands where post-LCP certification permit and appeE jurisdiction is retained by the Coastal Commission. �a>iwP e a City of Newport Beach (Harbor Area) Document Name: LCP2015_appeal_permit prisHarb_August2015 S WO In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel and the Coastal Commission decide to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach (§30603(a)), which encompasses all the development that was authorized in the permit. In addition to these geographic areas of appeal jurisdiction, the following types of development are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. Post -Local Coastal Program Implementation Plan Approximate Boundaries of Permit Jurisdiction and Appeal Areas Map 2 of 3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land C3 Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. 96 Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary City Boundary Blue Line Stream Defined Extent for Appeal Area 2 �� �,��,���. First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream — — - 100 ft From Wetland 300 ft From Bluff Edge IILI:vaLVA MAI N 2,000 Feet N 15-25 This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit and appeal jurisdiction pursuant to P.R.C. §30519(b), and §30603(a)1 and (a)2. 30613. (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section30610.5, which apply to lands subject to the public trust shall not apply to any lands which may be subject to the public trust but which the commission, after consultation with the State Lands Commission, determines are (1) filled and developed and are (2) located within an area which is committed to urban uses. In addition, developments may also be appealable pursuant to P.R.C. §30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location of the boundary of any area defined in the above sections, the matter should be referred to the City of Newport Beach Community Development Department and/or the Executive Director of the Coastal Commission for clarification and information. D This map may be updated and may not include all lands where post-LCP certification permit and appeal jurisdiction is retained by the Coastal Commission. City of Newport Beach (Upper Newport Bay) Document Name: LCP2015_appeal_permit_upperbay_August2015 /Q, In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appealable area is subject to the Coastal Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel and the Coastal Commission decide to hear the appeal, then the Coastal Commission reviews the action of the City of Newport Beach \ (§30603(a)), which encompasses all the development that was authorized in the permit. \ In addition to these geographic areas of appeal jurisdiction, the following types of development / \ are appealable throughout the coastal zone pursuant to P.R.C. §30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable LCP; 2. Any development that constitutes a major public works project or a major energy facility. s 92 Post -Local Coastal Program Implementation Plan Approximate Boundaries of Perm Jurisdiction and Appeal Areas Map 3of3 DRAFT Revision Date: 08/27/2015 Permit Jurisdiction Land 123 Permit Jurisdiction Water This area includes submerged lands below the mean high tide line or lands where the public trust may exist. Appeal Jurisdiction This area includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high tide line if there is no beach, whichever is the greater distance. Also included are lands within 100' of streams and wetlands and lands within 300' of the top of the seaward face of any coastal bluff. Legend Local Coastal Zone Boundary -- City Boundary Blue Line Stream Defined Extent for Appeal Area First Public Road 300 ft From Beach 300 ft From MHTL (Mean High Tide Line) 100 ft From Stream 100 ft From Wetland 300 ft From Bluff Edge KEY MAP 2A 1 2,000 Feet N 15-26 Attachment D Draft Implementation Plan Key Issues 15-27 LCP IMPLEMENTATION PLAN Key Issues ISSUE 1 COASTAL BLUFFS The Coastal Act requires development to minimize the alteration of natural landforms, BACKGROUND: and the City's Coastal Land Use Plan (CLUP) recognizes coastal bluffs as significant BACKGROUND: scenic and environmental resources that are to be protected. The City's Bluff (B) Overlay was adopted to implement the landform protection policies of the General Plan and not those of the CLUP, which are generally more specific. Coastal Commission staff comments have generally focused on the B Overlay's three CCC POSITION: development zones for principal structures, accessory structures, and minor accessory structures. They question whether the minimum bluff edge setbacks for bluff subject to marine CCC POSITION: erosion are being maintained. They are also concerned about some of the minor accessory structures that are permitted (e.g., walls, fences, and irrigation systems). They also do not want these development areas to be perceived as guaranteed; that CITY RESPONSE: development will be further restricted by safety, habitat protection, drainage/water quality factors and as geologic conditions change over time. While there may be some variation on individual properties, the B Overlay overall implements the bluff protection policies of the CLUP. The Draft IP was also revised to CITY RESPONSE: include cross references to other regulations on coastal/geologic hazards, SECTIONS: landscaping, swimming pools, natural landform projection, protective structures, and scenic and visual quality protection. RELEVANT IP 21.28.040 SECTIONS: ISSUE 2 COASTAL CANYONS The new Canyon (C) Overlay would apply to properties along Buck Gully and Morning BACKGROUND: Canyon. The C Overlay based on General Plan Natural Resources Policy NR 23.6. It would codify the "stringline setback" procedure that has been in practice since 2007. Earlier Coastal Commission staff comments suggested that they would like to establish a "canyon edge" setback and that existing development on canyon faces should be pulled back over time. However, recent Coastal Commission staff CCC POSITION: comments have been on the appropriateness of the stringline method to limit development on the bluff face. They also have questioned a provision that would allow modification or replacement of existing development that extends beyond the stringline setback with like structures in the same development footprint. CLUP Policy 4.4.3-18 calls for using the stringline to restrict development from extending beyond the Predominant Line of Existing Development (PLOED). The CITY RESPONSE: provision for existing development recognizes that these structures exist and will continue to be repaired and maintained. Allowing modification and replacement presents the opportunity to at least implement some LCP standards (i.e., habitat buffers, appropriate landscaping and irrigation, water quality BMPs, etc.). RELEVANT IP 21.28.050 SECTIONS: 15-28 LCP IMPLEMENTATION PLAN Key Issues ISSUE 3 PRIORITY LAND USES The Coastal Act and the City's CLUP require that visitor -serving commercial BACKGROUND: recreational and coastal -dependent land uses have priority over other land uses. These policies are primarily implemented through the CM (Commercial Recreational CCC POSITION: and Marine) Coastal Zoning District and the CV (Commercial Visitor -Serving) Coastal BACKGROUND: Zoning District. The CM District is intended to provide for areas on or near the waterfront that will encourage the continuation of coastal -dependent and coastal - related uses. The CV District is intended to provide for areas appropriate for accommodations, goods, and services intended to serve visitors. The Draft Implementation Plan (IP) land use tables contain notes stating these uses CITY RESPONSE: will have priority over other uses. The language in the table notes is not sufficient. They question how the City will CCC POSITION: respond to projects in these districts that do not provide priority uses. They want to further narrow the range of allowed land uses (e.g., not allowing offices and other non- priority uses). All coastal development permits (CDPs) will be reviewed for consistency with the purpose and intent of the zoning district. CDPs for physical development will be CITY RESPONSE: reviewed to ensure that the design can accommodate the uses intended for the zoning district. CDPs for land uses will be reviewed on a case by case basis to determine if the proposed use is consistent with the purpose and intent of the zoning district. RELEVANT IP Table 21.20-1 (Note 4), Table 21.20-2 (Note 6), Table 21.22-2 (Note 5), Table 21.20-1, SECTIONS: Table 21.20-1, Table 21.22-1, and Table 21.22-2 ISSUE 4 PREFERENTIAL PARKING DISTRICTS The City has only existing preferential parking zone (Newport Island established in BACKGROUND: 1981) in the Coastal Zone. CLUP Policy 3.1.6 -2 requires a CDP to establish a new, or modify an existing, preferential parking zone. CCC POSITION: Coastal Commission staff wants the Draft IP to require a LCP amendment in order to establish a new preferential parking district. Requiring a LCP amendment for a new or modified preferential parking zone is not consistent with CLUP Policy 3.1.6-2. The section of preferential parking was revised to include a finding that the establishment of the preferential parking zone will not have a direct impact to coastal CITY RESPONSE: access. In order to make this finding, the Draft IP now requires that there be substantial evidence in the record that the public's rights of access to, and along the shoreline and coastal blufftops are not directly impacted, including impacts to the use and capacity of public parking. There must also be substantial evidence in the record that that consideration was given to the availability of, and opportunities for, alternative modes of transportation. 15-29 LCP IMPLEMENTATION PLAN Key Issues RELEVANT IP 21.40.145 SECTIONS: ISSUE 5 BEACH CURFEWS The City has restricted public use of the beaches since 1947. BACKGROUND: The Coastal Commission's 1994 guidance document recognizes curfews adopted prior to February 1, 1973 as grandfathered and allows for the adoption of new CCC POSITION: regulations pursuant to the guidance document. Coastal Commission staff wants language on current beach closure regulations (i.e., curfews) incorporated in the Draft IP along with a requirement that any changes to CITY RESPONSE: existing regulations would require a CDP. CCC POSITION: has not received any substantive response. RELEVANT IP NOTE: A CDP modifying beach curfew would certainly be appealable to the Coastal SECTIONS: Commission or have to be approved by the Coastal Commission, if they retain original permit jurisdiction on the beaches. CITY RESPONSE: The current beach closure regulations are grandfathered and, therefore, not subject to Coastal Commission review. RELEVANT IP 21.48.055.E (New) SECTIONS: ISSUE 6 PERMIT AND APPEAL JURISDICTION MAPS The Permit and Appeal Jurisdiction Maps establish the boundaries of the Coastal BACKGROUND: Zone, appeals areas, exclusion areas, deferred certification areas, and other coastal - related areas within the Coastal Zone in the City. CCC POSITION: Coastal Commission staff maintains that their Mapping Unit is responsible for the preparation of these maps. The City provided the Mapping Unit with all the GIS data used to produce the Permit CITY RESPONSE: and Appeal Jurisdiction Map in February 2015. As of this time (Sept. 2015), the City has not received any substantive response. RELEVANT IP 21.12.020 and 21.14.045 SECTIONS: ISSUE 7 CONTINUATION OF THE CATEGORICAL EXCLUSION ORDER The Coastal Act allows the Coastal Commission to create categorical exclusion orders, which exempt types of projects that do not have the potential to create a significant adverse effect on coastal resources or on public access. The City was BACKGROUND: granted a categorical exclusion order (Cat Ex) in 1977 that excludes single -unit and two -unit projects from CDP requirements, with the exception of the first row of lots on the shoreline. Pursuant to the Coastal Act, the Cat Ex will automatically terminate after the LCP is 15-30 LCP IMPLEMENTATION PLAN Key Issues ISSUE 8 certified. Coastal Commission staff has indicated that they will support reaffirming the categorical exclusion order that would be considered after certification of the LCP. It is uncertain if all areas covered by the current categorical exclusion will continue to CCC POSITION: be exempted under a new categorical exclusion order. For example, Coastal Commission staff has stated that continuation of the Cat Ex for Buck Gully and Morning Canyon would be "problematic." CITY RESPONSE: No changes to the Cat Ex are proposed. RELEVANT IP Guidance. The Draft IP should incorporate as much of Sea Level Rise Guidance as is SECTIONS: 21.52.045 ISSUE 8 SEA LEVEL RISE In the ten years since the CLUP was certified, sea level rise has emerged has emerged as a significant Coastal Commission issue. While the CLUP does have BACKGROUND: several policies that address sea level rise, it does not address the issue to the extent suggested by the Coastal Commission Sea Level Rise Guidance document, which was adopted on August 12, 2015. Coastal Commission staff will review the Draft IP for consistency with Sea Level Rise CCC POSITION: Guidance. The Draft IP should incorporate as much of Sea Level Rise Guidance as is possible. The Draft IP requires that sea -level rise as a factor in coastal hazard reports, in slope stability analyses and erosion rate estimate reports, and in public access design. In addition, a Sea Level Rise Appendix was added that outlines what the City has done to date and an action plan for addressing sea level rise in the future. CITY RESPONSE: It would be unfair and inappropriate to require the City to stop the LCP certification process at this late stage in order to conduct the significant and extensive data collection, technical analyses, risk assessment, and policy reassessments necessary to address sea level rise. RELEVANT IP 21.30.015.C, 21.30A.050.A, and Appendix A (New). SECTIONS: 15-31