The URL can be used to link to this page

Home My WebLink About00 - Planning Session - CorrespondenceHermosa Beach Office (S- BC Phone: (310) 798-2400 Chatten-Brown & Carstens LLP Fax: (310) 798-2402 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 San Diego Office www.cbcearthlaw.com Phone: (858) 999-0070 Phone: (619) 940-4522 January 29, 2018 Via Email: Newport Beach City Council, City Manager and City Clerk Honorable Mayor and City Councilmembers Dave Kiff, City Manager Leilani Brown, City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Received After Agenda Printed January 29, 2018 Planning Session Michelle Black Email Address: mnb@cbcearthlaw.com Direct Phone: 310-798-2400 Ext. 5 Re: January 29, 2018 Newport Beach City Council Goal Setting Session: Focus on Marine Commercial and Safety Element Dear Honorable Mayor Muldoon and Members of the City Council: Stop Polluting Our Newport (SPON) submits these preliminary comments to request the City Council initiate a comprehensive General Plan Update. SPON will be supplementing this letter in the coming weeks with a letter addressing the other inadequacies in the current General Plan that render it legally out of compliance and in need of updating. The City Council's focus for the January 29, 2018 Planning Session — Marine Commercial uses — underscores the critical importance of having an up to date General Plan Safety Element and complimentary Local Hazardous Mitigation Plan' (LHMP) that address the "new normal" extreme climate events and, in particular, sea level rises, storm surge, tsunamis and flooding. We respectfully believe the question for this Planning Session should be broader and not just about what has worked. The question we need to be asking is: • What policies and measures does the City of Newport Beach need in its General Plan and an updated Local Hazardous Mitigation Plan to protect residents, businesses and property from increasingly damaging extreme weather events that not only put property and the City's economic prosperity at risk, but also lives? It is increasingly clear that the City's bond ratings and the very lives of Newport's residents are at stake every day the City delays bringing its General Plan and LHMP into 1 The LHMP, although dated 2016, reflects 2014 conditions. References and mitigation relating to Sea Level Rise appear to be included as an afterthought. The LHMP does not adequately deal with "new normal" climate change conditions and is also in need of a comprehensive update. City of Newport Beach January 29, 2018 Page 2 of 7 conformance with state planning laws and best practices to address "new normal" climate conditions and the hazards these emerging conditions present for people and property. The purpose of the Safety Element, last updated in 2006, is to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, climate change and other hazards. The Safety Element directly relates to topics in the land use, conservation, environmental justice and open space elements of the General Plan, as development plans must adequately account for public safety considerations. A. The General Plan is the Constitution for All Future Development in the City of Newport Beach. "Because of its broad scope, long-range perspective, and primacy over subsidiary land use decisions, the `general plan has been aptly described as the `constitution for all future developments within the city or county."' (Orange Citizens for Parks and Recreation v. Superior Court (2016) 2 Cal.5th 141, 152, citation omitted.) This "`constitution' for future development" is located at the top of "the hierarchy of local government law regulating land use." (De Vita v. County of Napa (1995) 9 CalAth 763, 773.) All land use approvals must be consistent with the general plan. (Ibid.) The City's General Plan recognizes these requirements, even though Newport Beach is a Charter City: California statutes require that a city's decisions regarding its physical development must be consistent with the General Plan. Therefore, it is necessary for Newport Beach to review all subdivision and development applications and make written findings that they are consistent with all goals and policies of the General Plan (see Imp. 12.1 and Imp 13.1). If the project is found to be inconsistent, it cannot be approved without revisions to the General Plan and, as necessary, its implementing ordinances. (Newport Beach General Plan, p. 13-3.) In addition, the Newport Beach General Plan recognizes the importance of the General Plan reflecting current conditions, issues and visions: While there are no specific deadlines for updates and revisions of the General Plan, state guidelines urge that it be maintained to reflect current conditions, issues, and visions. The State Office of Planning and Research (OPR) is required to notify a city when its general plan has not been revised within eight years. If the plan has not been revised within ten years, OPR must also notify the Attorney General, who will notify the City of legal risks for failure to maintain a legally adequate plan. An exception is the Housing Element, which is required to be updated at least every five years (Code Section 65588) and certified by the State Department of Housing City of Newport Beach January 29, 2018 Page 3 of 7 and Community Development (HCD). (Newport Beach General Plan, p. 13-4.) The General Plan discussion suggests a five-year review be completed of the economic markets for commercial and industrial uses and to identify trends and assess the General Plan's land use diagram, policies and standards for effectiveness. Finally, the General Plan suggests evaluating traffic conditions and their correlation with land use development, amending General Plan policies where desired and necessary. (Ibid.)2 B. The City's General Plan is Inadequate. The adequacy of the general plan is paramount. As the constitution for future development, the general plan must be comprehensive and long term. State law requires a general plan to contain certain elements and meet certain requirements. (Gov't Code § § 65300 et seq.; Camp v Board of Supervisors (1981) 123 Cal.App.3d 334, 348.) Some elements, such as the required housing element, must be updated frequently. A general plan's land use element must contain standards of population density and building intensity. (Twain Harte Homeowners Association v. County of Tuolumne (1982) 138 Cal.App.3d 664, 699; Gov't Code § 65302.) The policies and elements contained within a general plan must also be internally consistent, or "correlated," if they are to be implemented. (Concerned Citizens of Calaveras County v. Board of Supervisors (1985) 166 Cal.App.3d 90, 99-103; Gov't Code § 65300.5.) The consequences of an inadequate general plan are severe. A city cannot approve a new development project that "implicates" key defects in the general plan. (Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176, 1188.) Key defects of the City's General Plan include land use and mobility elements that are not properly correlated and the omission of required information concerning public safety and sea level rise. Any approval made pursuant to an inadequate general plan is considered invalid at the time of approval. Thus, any approval that implicates the defects of the inadequate general plan or its uncorrelated elements is unlawful. City approvals cannot resume until the general plan is amended to remove defects and provide consistency. In May 2017, the City recognized the 2006 General Plan needs updating to comply with State Planning Law and to achieve the City's vision. (See Attachment A, Memo from City distributed at Corona del Mar Neighborhood Meeting.) The City's May 2017 memorandum, "Newport Beach General Plan Update Program" acknowledges that, in addition to the need to update the General Plan every 10 years, "there have been changes in State law in respect to the mandated Circulation and Safety Elements a SPON's supplemental letter concerning the need for a Comprehensive Update of the City's General Plan will address the lack of correlation between land use and circulation and other infrastructure. City of Newport Beach January 29, 2018 Page 4 of 7 which Newport Beach needs to address, and new `environmental justice' provisions that are required." The Newport Beach General Plan was last comprehensively updated in 2006, more than 10 years ago. The Memorandum also states: The General Plan has not been updated since the Land Use Element was amended in 2013-2014. The Land Use Element amendments resulted in many changes "to reflect community conditions." The General Plan is now no longer reflective of community conditions, and likely contains internal inconsistencies with the Land Use Plan Amendments. - The Circulation Element may not be consistent with the Master Plan of Arterial Highways (especially regarding the 19r' Street Bridge), Master Plan of Bikeways, and Complete Streets requirements of the Government Code. - The General Plan does not have a Sustainability Element, which the community desires. - There are inconsistencies among the Harbor and Historical Resources, Recreation, Arts and Cultural, Natural Resources, and Noise Elements. The City has identified restoring consistencies among these elements and the Implementation Program as a priority. - The City's General Plan is not yet consistent with Senate Bill 1000's requirement to adopt an Environmental Justice element or include environmental justice goals, policies, and objectives in existing General SPON will be supplementing these comments with additional information concerning the above -listed deficiencies and others. This letter focuses on the Safety Element and LHMP. C. The Existing 2006 Newport Beach General Plan Safety Element and 2016 LHMP Are Inadequate. The City's Safety Element, last updated in 2006, fails to adequately discuss "new normal" climate conditions and associated impacts such as storm surge and sea level rise. This failure has obvious implications for public safety and the City's bond rating' and 3 In December 2017, Moody's Investors Service issued a report encouraging cities to invest in climate adaptation and mitigation. Cities will be evaluated in the future, at least in part, on how they prepare for both short-term climate "shocks" and longer-term trends associated with climate change. Moody's is the largest credit rating agency to date to publicly outline how it evaluates and integrates climate change risk into its credit rating assessments. The report divides the United States into seven "climate regions" identified by both geography and the type of most common regional impacts—for example, drought, extreme heat, and wildfires in the Southwest; rising sea level and its impact on coastal development in the Northeast; and flooding and other impacts on agriculture in the Midwest. The report stresses, "If federal, City of Newport Beach January 29, 2018 Page 5 of 7 insurance.' Climate risk has only recently been introduced to the safety element. As California faces mounting climate change impacts, local governments are now required, in accordance with SB 379, Land Use: General Plans and Safety Elements (Jackson, 2015) to include a climate change vulnerability assessment, measures to address vulnerabilities, and comprehensive hazard mitigation and emergency response strategies. (Gov't. Code Section 65302(g)(4)). California's 2017 General Plan Guidelines acknowledge that "Increases in average temperature, a greater incidence of extreme weather conditions, and sea level rise will not only exacerbate existing hazards mentioned in this section, but may also create new hazards where none previously existed. (2017 General Plan Guidelines p. 147, http://www.opr.ca.jzov/docs/OPR—COMPLETE-7.31.17.pdf.) The Guidelines prescribe, "Jurisdictions must identify a set of adaptation and resilience goals, policies, and objectives, based on the information analyzed... for the protection of the community." (Id. at p. 157.) In accordance with SB 379, codified at Government Code Section 65302(g)(4), climate change adaptation and resilience must be addressed in the safety element of all general plans in California. Specifically, upon the next revision of a local hazard mitigation plan (LHMP) on or after January 1, 2017, the safety element shall be reviewed and updated to address climate adaptation and resiliency. The 2016 LHMP also fails to adequately address "new normal" climate change conditions and must also be updated; the document reflects 2014 and earlier data and only superficially addresses climate change and impacts associated with extreme weather events and sea level rise/storm surge. Ideally, the LHMP is incorporated into the safety element in accordance with provision of AB 2140, General Plans: Safety Element (Handcock 2006; Govt. Code Section 65302.6). Thousands of City residents, businesses and properties will be immediately impacted by sea level rise and any corresponding increase in the severity of king tides and storm surge. The State of California has adopted recommendations for addressing sea level rise in plans and permits: http://www.opc.ca.gov/climate-change/updating-califomias-sea-level-rise-; and: guidance http://www.opc.ca.gov/webmaster/ftp/pdf/docs/2013_SLR Guidance_ Update FINALI.pd£ The General Plan Guidelines require inclusion of the following information in the discussion of climate change risk: state, and local governments do not adapt, these risks are forecast to become more frequent and severe over time." a Executive Order B-30-15 directed State agencies to integrate climate change into all planning and investment, including accounting for current and future climate conditions in infrastructure investment. Local governments should heed the state's lead so that investment is not made in what may become stranded assets with sea level rise and storm surge and increased flooding of property. In addition, community bond ratings will increasingly be evaluated based on the level of preparedness, planning and mitigation communities invest in to protect lives and property. Insurance availability and costs may also be a factor for communities that are not at the leading edge of climate adaptation and resiliency planning. City of Newport Beach January 29, 2018 Page 6 of 7 1. Feasible methods to avoid or minimize climate change impacts associated with new uses of land. These include, but are not limited to, flooding, fire, extreme heat, sea level rise, runoff, risk, etc. This should not just capture new risks, but also risks exacerbated by climate change. 2. The location, when feasible, of new essential public facilities outside of at -risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identify construction or other methods to minimize damage if these facilities are located in at -risk areas. 3. The designation of adequate and feasible infrastructure located in an at -risk area. Meaning, any new infrastructure should be built to withstand the identified risk. 4. An approach (guidelines) to working cooperatively with relevant local, regional, state, and federal agencies. 5. The identification of natural infrastructure that may be used in adaptation projects. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration... (Id. at pp. 157-158.) Information about the hazards of climate change and sea level rise must be disclosed and incorporated into the Safety Element. Cal -Adapt maps predict significant inundation in coastal areas with even the low sea level rise predictions. (See htt2:Hcal-adgpt.org/tools/slr-calflod-3d/, herein incorporated by reference.) The General Plan does not contain adequate policy direction to address sea level rise and other public safety matters. The 2016 LHMP does not make up for these General Plan omissions since it also fails to adequately address the new normal climate conditions and implications for preparedness, response, mitigation and resiliency. The Pacific Institute report, The Impacts of Sea -Level Rise on the California Coast (http://pacinst.org/wp-content/uploads/2014/04/sea-level-rise.pdf, herein incorporated by reference), concludes that sea -level rise will inevitably change the character of the California coast, and that adaptation strategies must be evaluated, tested, and implemented if the risks identified in the report are to be reduced or avoided. Populations and critical infrastructure at risk are shown in detailed maps prepared by the Pacific Institute. Attachments B, C, and D provide context to the coastal flood and erosion hazard zones of the Study. The maps show Newport Beach neighborhoods and roads overlaid on aerial photographs. The report also explores how vulnerability to sea -level rise will be heightened among Californians who do not have a vehicle, do not speak English, or who live near hazardous waste facilities. Low-income households and communities of color are over -represented in City of Newport Beach January 29, 2018 Page 7 of 7 these more vulnerable groups. Conclusion Thank you for your consideration of these comments. SPON respectfully requests that the City Council initiate a comprehensive General Plan update by adopting the Resolution submitted separately in December 2017 by SPON. Please contact me if you have any questions. Sincerely, Michelle lack Enclosures Newport Beach General Plan Update Program May 2017 Background C�i�1Q zE;- /fa1201% Attachment A The City last comprehensively updated its General Plan in 2006 which was a multi-year effort that included a very extensive community engagement and visioning process. Due to the extent of building intensity and residential changes that were proposed at various locations throughout the community, voter approval of the new General Plan was also required pursuant to the City's charter, and that occurred in November 2006. The City's General Plan serves as the overarching framework for development and includes the following ten elements: • Land Use Element* • Harbor and Bay Element • Housing Element* • Historical Resources Element • Circulation Element* • Recreation Element • Arts and Cultural Element • Natural Resources Element* • Safety Element* • Noise Element* * State Law mandated elements - est .0�� The General Plan also includes a Vision Statement and Implementation Program. Since 2006, there have been numerous amendments to the Land Use Element, primarily to a specific property's designation on the Land Use Map, as well as comprehensive amendments to the Housing Element as mandated by State law. The Housing Element was most recently amended (51 Cycle 2013- 2021) and found in compliance with State law in October 2013. The next mandated update to the Housing Element will occur in 2021. Proposed Program State law encourages cities and counties to comprehensively review the various elements of their general plans every ten years to ensure that elements are both current and reflect the community's vision and goals. Furthermore there have been changes in State law in respect to the mandated Circulation and Safety Elements which Newport Beach needs to address, and new "environmental justice" provisions that are required. 1 Staff also recommends reviewing the General Plan Vision Statement which establishes the City's ultimate development goals and what is hoped to be accomplished over the next 20 years. While the visioning process may be lengthy and intense, over ten years has lapsed since the current vision was created. Revisiting the community's desire for the future will be an important starting point for the update process. The Program may include the following: 1. Appoint a General Plan Update Advisory Committee to advise staff and the consultant team in the review and update process. 2. Land Use Element Policy Review and Update: As part of the 2013/2014 effort to amend the Land Use Element, all of the policies were comprehensively reviewed with many revisions proposed to reflect current community conditions; these policy revisions should be reviewed for potential inclusion in this update. Un -built development potential should also be evaluated to ensure it reflects the community's current vision. 3. Circulation Element Update: Review the Master Plan of Arterial Highways (e.g., deletion of the 19th Street bridge), Master Plan of Bikeways, and consistency with the new "Complete Streets" requirements of the Government Code. 4. Sustainability Policies: The community has expressed interest in adding a Sustainability Element to the General Plan or it could be incorporated into other General Plan elements. 5. Safety Element Update: Required by State Law in conjunction with Round 6 for the Housing Element (in 2021). 6. Harbor and Bay, Historical Resources, Recreation, Arts and Cultural, Natural Resources, Noise Elements, and the Implementation Program: Review policies and programs and update as appropriate to reflect existing efforts and consistency among policies. 7. Address Environmental Justice: Under SB 1000, local governments must either adopt an environmental justice element or include environmental justice goals, policies, and objectives in appropriate General Plan elements. 8. Evaluate vision for focused areas within the city: Community comments related to recent development applications indicate the need to review the City's vision for the Airport area and Newport Center. This may include a market and fiscal analysis. Preliminary Timeframe • July— November 2017 (6 months): Request for Proposals for Consultant Services; City Council appointment of Advisory Committee, and Professional Services Agreement award. • January 2018 — September 2019 (21 months): Committee meetings; community outreach; visioning process; draft General Plan Amendments preparation; draft Environmental Impact Report preparation. • October— December 2019 (3 months): draft Environmental Impact Report public review • January— February 2020 (2 months): Planning Commission public hearings • March — April 2020 (2 months): City Council public hearings and plan adoption 2 II01fro■11[III ,r �' . 'ri . r . r -,M _p(r� r _ - - E'. _ " -- � I•� .!-.. '_. - _Yom: i' IRS: i..-' - -. r _ .'r... 'x F '� }; Iy� '�_ '' � . M1 .'L11-� -r- ) _•t1•L'.l --ft - _,mss - ■�4'_'F .,itx�+,.i 4,'�1.M+- ll LF�r. a .. _ �:r �� L I - ' r 1� .. = _ - - _ ,' + ; - ice►;. .. inn i] y. ._ . . _ . .. _ _- 7 .. - .. . . fST-RT,- -t . 31+ - _ .. . {., �t _ . a ,. +.. J' r � r 1 5 � F: _ .f- . . - a ;.� J J - '`S '!c. - ao - ",FSI 1 .L _ _�■ • : a �' pF : -''I -+. .. "' r �h ' - _ _ - err, :...j,a i+ . . _. _ - _ �;�' t1■ - itlslllr1' r r F,-. '- �I .. _ "" t - -_ .-,4# - y .. .. �Y.' ' r'itl In%` - - _�. i_ n F '? E - �` l+fi,:' 1 F 4I . . ' y _ _ .- 5 �& ` - - , �;� -_ . aL_'.li1L�iT-'. .- F.. �_'J.i .__ -. r' c :+ -.. . _ .. _ _ ' .. - . . i �. a -' - - ='' .ipf.q - . . - ." .-y r �1 ..ry.. �,,... c V_.. .. �� _ ., rc- a ir? iA _ '•.}. - ..IE` 14 -' _ - . J'r i L - F - :--•I # � ',1 .. _ ;j 11 t - r '' i . -L,nri ■ F4' -4112 dN-'-'r 1� 'a--. -n �. • ... \. 1 _ 11 k' t F '? - i J i�-�r? -- - i�` t IE' r �� = ri'. � : J 5 ..'i 'w': #y - `- _ „E:r: r - C' �.1'r-''- ,.i ��tl"tl +i0�` •' _ �F# .. `, {�� #_tA19- .# 0r I, , . I { e _ I/F S! r - _ * - ;'rte' ' . _. *.r,r�r.,:'�iL.. h� 1.Lc�` .i - �„ ' �•Iwi. �t, .T"�'ZS7. ■,y� yl�I Y'<' c _ .. _ `R`�=f '�""■` °�"J^ If�:y �r - �a Wil. ;�,; _ J� �: y ! +rites ':4, . t' - ��.a+ti. - I SE.` c'.. - - - .. :lf G. 'a'+ P!,'-` K { S i x _ . 1fiC '"''r4jf Ui1 . d, . �_' :: ..r - :+' I if Y _ . y. , ,ice~ sw•' to Ida .=L" ��= rrJ-�r'R ! _ �,1 4^ ._ti, - " - .. _ '`i -_+A- ... ' . _ .4 '!': _-Y.C. f ,.,i e: .' T' - •ice �y - . - ,-' -.� ~' _ .y - "j.' A�M1 t _ _ pq .. + ' +: - E.. - _ _ .trrLL I . 1 4 i'."r s ,. :s Z {." _ . ,.. . L - 'l. *` .•-r ..�'. � _ �' 1 '��? w*' •i.I - 1 ,i r E'!rt . - - r { i .�� .. jl•' II' : i ,a� - - _i.. - - - .r 7R , " ' ,Fns -- - rt _ _ . , t�•L11 - - �-. '1 _ k I��.pPp��y�i�}7y! =L _ _ -.: , - _ t . I.' .F-. . -%, i-. >< r .y ! - - # Y. ... '�. �� i _ q fir' - - 'l. •� .r .. rrt _ LL . - . i ry rSIJf r� OM1. .•:i . , . A . _.: . 1 t,' : r : .11r. I ' , . -.i' _ �r I�- tet' - Et- _ �:_ M. 1 'r$ ' 1 'E" - .. - - - 3' 5 .y-. 1 r __ _ _ a 'r _ _ I r - - _ Jy 4 1 : F . , _.- - -':r _ r'r .. _ . _ - _ _ _ - . -. _ ., }'' . . . . _ i { . . . - _ _ -I ■ , _. i.V _--. - _ _.y r 1. + x - may+- f .. . . .` .. .• , .. - " 7 -�• - - .R V' l Fes. .'I - 'ail E . .. r.- .. .. .. . _ P f drkp4! _aM•J i -ti 7r1' . } '•� _ r _ - - . _ ' 1�� ,�'•b� - .� t7 ,i`•: '} ._ _ ;� '.,* ' II .fir [, •4{ .1 ' -. "-" _ _ - . .. _ _ w ■ ��■ - '1 1i14 - 'I. t� �s`� �i { , ;1'.J L}�+� . -. �, .} 4 . . 1 I. ' - �?= ' r �: ' ' -"-- _ I- - - ' 9 . -r _ - - _ .. iTv �4'.h1 y . �,r ' f ni-�eR. 'fbfl7E3 _ .. r r.,, �`+'y,l x _ F'. T .. ! ` t �.ti' 1 a. �.. ' !% M1' : ;4. " } .r - -,71,f~. . _. +w fY rr ,r � :I • - 71 . I4� yr�n � is ''i r. . _ .6 � �r4 ki r i" ./ J ! y +kms l I { maw I f4r7�l9 _ _ - F - - f s,':_iy=r:' 1 iy . .. ... _ _ i Ir _ -tl' i' - ''I 1. : .i:EIF_.i ? h r .°r J.i r. I { '4 .' ... �_ v _ . * f N+J{' .'f -�.,L4 r - 1 . F `'' _ Y. - I �r I r ♦ ', �.r r}' , ,-ems■ ."X . . .. -; _ . - M1 M1 . r / t+ W 7'+J�,�-�i; • • k. r _ Y _ : t�,' 1:'r i� . -,r , - - ' _ *-T 1 - . . _ .. *i r ' ' AES _ - _L�• �_'. r, . # ■■ *.$T?. i1 . #' . '1 q , ' . I jirr�Ai . .. `.f +'r_` .I'' n'4 " i _� ` ■ . ♦ L ' _ - _ * y„ y : _ _ iI` ik. M' f .L. +-`�"-' IY' _ r . -r�J ,..r7 I . .- - ,r I .. ._ - _#4•.f 1: �•' ,�� i".r$ Il-. •l., , y♦ .�. , !� !ms's _-"-$•J ' :. 1. 2'..+ .x E -- '-lF�Yi" ■W - .. t 4 - ` .r __ - ._ r .r. ' it' L� I'_ r .' .. - � L4 ; rr . L;y', , F a3 Av-I � ■i' ,l i.'i� ; ' ' �� .. a< J•:: .. ri1, - - " r l _" U ski 5$ Y + T! #, L7 �` -._�.k ^ i " - - �'. K I' !q r...+irk, ■ • w■'d w .1 a,V x�"'' }s _ I r x _ - . . - . : �a L iY '. .*_ LT - - r:' - 'i:� *!sJ r _ _ �_ rA t ! ■ . _ .. µ 7 ib`. ' w � .� .`� r�'. --- . r - - I {; ' ,� -- +�-- -- -- .. - �.. �,..�� _ .- •�_jLST. ;. �� 'y . _"'a �, S _ -- #`', .xl - srl .. ` '1 r• #' p f l .j ��47�r� - I rl F�~. - �' ''Y J _l.'.... } ' .r�6 • '. hA L - _ .. i� .r;r . ' . - i '._ r - _ r•: b < :' 1 r• 4.�:'-1� „1 '. i+ ■ O ��*+"'�. Y r'171; : T _ _ .. . ..A ■ -' - � .�N ' a: yF _ y=L1��! plE' _ S ward i i T # . i k= -..- + :` - ' - -'w� .�, Fw ; C ;::'.. .. : _ ,r,-_ - ,iii YIY' f�l'�_t`+R IR '�iL�5�11J 111 '#: �aEl 4pl■�I�r}I r'_l` ... _ _ .. ��5' ,� - y - ., .'d Y. F 4 i" II •f I r : -' - t; - `, 611-C ijL +l s�'' +r 1q a . , . _. - . '" _ F- . _ F- - .r �i{*C-!'1r1+ �r��i�' \. ' , ; Hr �.F iL ;.-' . V� I ..4 A EI r { f _ C • ; t I. L -{C1 ak •J.i :,k f� • , 'x "t' :=s na ■ r•+ * _ a J� __ ' .. - - - L r � I - - �.: . , l F *ter" . :I r-' , u K „ � „ � - � i i # � : I 1 _'#1•rs' ` _ , If y f � Nw � J . F� - .. , .. 3:. �... _ ' _:5 __. au= '�:.r _ ., qo - p a k I ` 1 !+ � '*: ��* -� B� cfi w v� ;r x=f++ -i 'a f+. ■j I .' _ '+r1�1 -- "f r E J . II'!1 ` J, _ ,x,E',' • _, _ _ .. `�# } -: f a .4 �„■ R! Imo_ a' ��rff i - -'-.ivy 4 ,�.r • " _ _ S J"1 I .� ri+ 2 . '■■t�x+.�sF L '.Y. _ '--.,'.'... _ _.. a .. .. 1 7 f,l _ i - - ., _ :* _ _ _ =1. p�� 5 '�_n -' '+S'�S i,. �.. - - .. i -f; .. . 1+yr. .�'#■ _ �3' :.i 1' :U,� 7a 1 �I, pW� { �� i1 i i r!f■:' _`_,'�1 E■`i''� ti { - R p VL. F n �i - - t - .�. -�t'- ... ,dam - "' ' - .. J' � '-�# s_ IL!..rf., F� �I Y`7'7l~-i �, IL. - �. � , .. � . ■u rte_-_ ■ �. -, i y ^i y . .. i ,e 405 �� M. 1 F E. *�I T' PF b * t Z - f +` 'L~ }1� �+Y :,r - . .:..r k': �.� , ' - ,, t - .. _,rt r.:.. I _ j . ` pr _. i• �. .-i l J.ul � 4 -!� r JP # �` ■' i� � `y,'# - 3 _ .- , FJ`. _. .. - : .; 405 �' '' r;i I. q -" t �. . k '' { _ '4i Y �I FI w i_-�+ ■+ �F .'� - .. �: ll�. �.. �■I I� m +i 4� ■ lar, `�'. - ; { L` _ - 'I.' :1 . T.IE.e.,t. 1 L71r r w . 4 . E. - ', . 1}�rp+I _ .. - : - +VIII .. _ - -}'t - r■•1?.' ., , ....�. �.�4 - I 'wrr4 > _} �'.f 1^' ��.y 'I I Y _ Y.- 7 ■L. J ' '.` ... �1 yI I '1'- f - ■■ U la -':1' ` I I- I -",4''r t 4 .L'tF, I .. I. '7r' ' . - --' :+4 ..'.. ++i 1 ` 4� R, .I 'tom - :4 7 .,. *_1��41 _ 7LL.` r, e••'r a _ _QQ•, :'Et - - ' *L'.. ��k ; *4' , Y■wr�. E' I■� [ - _ v�/�- '''J. -Yn ■ .: :.IR . ... '{ • Y 1� _id 1. i -_^ f= f �_ ilr `r =:.wl .... � r . I, \,.- .. - - •JT r .. * - '1: _ �S:l i! riff- .r r LL' : * 1 f 1a, + L.ti.. i, I'I .- " .I _J. fl r. 1 4 = �: I. :.� .. _ Y 1 ' X w _ .1�r... �_ �' y7 I 4 + � V'^" y .J I tr ' ' .-. � # 1. - 77 _ - a. .. S: .�.7F+ x .-._---,.. - .- .- }..I.-. _ .Y" - _ l E.' fi LY. 1, _� Vii#l' - I _ L r - k -- ' - - • - _ .. ;" - 1, - C _ 1 x I i1` , x ��,� Y i I I L, :..-- :.. IM1 S.l e f 1 . 'I . ' ' - '� _ J - .. _ .L I F . .. - L, . ■i r ,. 777 - yy 111 • . fi+ i 1L� • it w r. ^! ` ■ ` ` 1!' _ ... . _ r. _ yyyy } .i ce. 'r .y"- !a -i- :. `'_• ` f 1 '-' _ I• �I _- -- �. µ•'y l 1..ni,s;. _ . .L - y._-'' p tr. +i - :. - `a, . _ *[ { -.' .- , k �I.+^ 51� y�•L • ••i' -1 , iyi nF `� L I: L n�. � T , i . - !rt' Lf .- - - a/ F. h - �"- : �,�a, f * R�4 - I -. ,. - w. Iii _ . . - . ;14' L �..., Ai+ li {4 'f' - }may F ,I. . ,n:;* _ j 1 _ +� CC •T iiiLLL �y SJ.: ,q, '�+r t' ^,_,y �`f .TL . +Ly�J# _ . . .'F :.- i:,. - .. ... ' - T 1; ':k` _ . + '-.. { W 0. !'E:_" .x-y''.?lira -w ` : '.I :7 ?,1;.r . ,v. L __. , Y '' I - :``.k F� i A -i1+ ;ts r��''* * r'. �.Cxi �r .r# k'- .. . _ . , -. - C { ti #,1y! i]t '! •1, ` L-,._-. '-' .* _r , .- - - - _ 'rr - - 1.M i - i" ._ " {... :. �. - - . ' - � ,gam t. w y' - .'f i' - '. . : ■ . Fli � H •;1 �:_i ,* i : i 'I. A,f. ' � j i a - - µ i■nr• r - .. r _ .,. * �I �k��l. _�f �'' - A.� .-T - .+i7 �t-II.. �.' S{ 7 _ }'..F.4,'L .a ter'. .r .y,� -_ arr 1 .. , _ r - r : --. - - Y*. 1Ri4,�., +x _ -, ,.}f3 ' 4„ _ J + '"F}" :1 k . - - . I ' # • t - E .. t:' . .. ar{ .. �: 1rV • '' .�fl �' }/ ,`j � r .. F 'S. r •' P.' ='c M.srf, -', ., . .. k . . _ - ' TR , I` ., R' .. ;.. '.. ,t!r NJ% ■ .ry. .'.rF `� ,+ I ;'y i .t. {.E A _ .,F f.i� a. , - rt F w ': rh' ]¢ L .. . :.+''': ti p -r- � L .. - - p: u 1 _ ,` `+ w••i,.. 1 ..�_ - Y - r'r�Eyi, g ar -' ' M f. _ ':r �r7 ;,.,-r { _ ':t ,t k _ ' - j - I F O ' j - ter'.+ ry '} ' yi15 . , ' .,"L,@ - 41 T , _ y + \k y - ■#MJF t', ,y'. 1- ' ;y T k'w �a�; +: -'�. - H' '�' I'� r I r. ' ,, ,.*\- Tr- ryT y CT .. . ,-.- _ I ' 1 - .' rl ~"\y ! r ' Ri- �i. � . Vy _ 1 ` w \ ■ • c -- . �-+`. ,r e: _ rM1 �' x , �`} F y E - aY - k ill �_ F i"' y - J. . r ; ` ,i , Y� ♦ 9 .,, d':-. y Ijz. f``� '.r 7 . ia, -1 -' �j_ F .: .. - - � [f _ '.#. # .. { _.# y _ . - . ^ "Fsµ - I -�A: 4 7 .. r ' . ._ . . =r Ir } L "� f ..r- _ ��(Fye _ .4Tw %..' k'f. 'r:.4 - 1 _ S. r: ` � 1 - i . . 3'. - :11:., ti, Ate. ~: f' ,N M1 ,.i; a .� *..� _ I Y t :. L#f'� + +;r r r r ilrl ' 4 _ i f -.a.; �� ., 'E I ,7- L��i : ,jam /f, ' .Y ?� x% ' tf 1 , i tir_E s1}2�.G�y��r�" 3• -f" I 11C ` } ' 'i - - . '4 u .F :L•.r• ... ..: F ,.-I " ..- '1 J - },y ,p: ' - `....r � i �ShW,'rr::r '. - =;w L I{ 4.a .R I l' f' _ 34L . . r .«rr,,,L:.4- .lF�_. .-. '-''.,y a<'I r:- ,4�.�-.y�,�- ,117-µ _d; . - i - ! i '.. '-. '* -� . 'y..}yl .-- 4 ,fes. ti 1-f�:.,i,,L'V R ry - _ ... - _ 4' #r - 4� ti. 1 *\ - .. N_ R a s yy_^ FI f pf+ E _ �i. - i. i y.. I f 5 r&,'P i s l S .J -- .r- - 1 r y-___- - ._ r L - - r x y �1 . -' y. 3�1, I` 5 4r+• + l•' 'RF: 1c1.1 .' n3 `,L� - .,_ r ._ .}r ' _ � ~r}: � ,. ! LT _` .I L - '� : . .' 4... # Ir .I . •P.+T,`r'- rl x - + .. II r 'yl � ?' - .. z _ __- . - x- _Er :, { r - ` ' , �' ��i .. •y ... - � . mow-- .,, `, r •:-. - - .. , '- . q„'_ `.L l 1 k _ `m E AI } . - , . - jJ ,p rti ! * 'r /' - ' !� �� 'r "-. 1iL7- - .. _ _ 4 , - _{' { :y� L'y_ .['¢#"' . .. 1,�. +" * tet;¢ Ly7F''I t. . :,:a f a'' �` 4 1 Y c ,T*' R' �� J R 4 _' L -`"� �{ 1 ' a #a'fti _e ,V . !� :�:^�:' F: �` ]:�.. T_ ,S } .I �_ - '. .. .L„ ','':-' & k t f '�' � il? jam'} . ' .� r ,4' i� ' .. w :: r - r• . t >�'7,.;.' - y . ri . 'r '' .� G.. bl r -y *i' €+��:" yP. O . r r' J r ^ :.' :,,..: - 4- -. '�` r, - r �'- :'t , r� - - A `4 - R _*' ,_Li } rr r n r:: ;.. , �� J . L +'. .L� .. .. '{ }t r.' '" _1 '' `' ...�,�, yy i -�S y1' I .Ua �" ' .- . CI '� .. } t 4 } .. f F I-, .,,_- r - '. ECJ N A.-, _ _. � �v - Tr ` ¢¢_ M1 -Y r. } . r . i E I 4 y T .. .. % .'F} - i ,1 L - y '-�F {��.�' "* } ;, - ' e' •, -l.. . t*:. x i �_`- -' �':' 'ice :i -' r:1 -- � - - `' - - 4 .. .. _ .. - - t - 4 `• `- - } ., f'' -- r� 4 .2° 7s'S ra: .�alU' f { .. - `- - �F. ` r - ' ~_ ..,, f J r! r J 33°37'30"' 33°35'0"' 33°32'30"' 33°30'0 6 California Flood Risk: Sea Level Rise PACIFIC New ort Beach OE SQuadrangle IN TITUTE p 118001011W 117057'30"W 117055'0"W Attachment C 117052'30"W 118°0'0"W 117057'30"W 117055'0"W 117052'30"W Interstate 4P Current Coastal Base Flood 4 3: (approximate 100 -year flood extent) US Highway ❑ Sea Level Rise Scenario State Highway O Coastal Base Flood + 1.4 meters (55 inches) County Highway ❑ Landward Limit of not printed Erosion High Hazard Zone in 2100 Coastal Zone Boundary This information is being made available for informational purposes only. Users of this information agree by their use to hold blameless the State of California, and its respective officers, employees, agents, contractors, and subcontractors for any liability associated with its use in any form. This work shall not be used to assess actual coastal hazards, insurance requirements, or property values and specifically shall not be used in lieu of Flood Insurance Studies and Flood Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA). Data Sources: US Geological Survey, Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), Coastal ServicesCenter (CSC), Scripps Institution of Oceanography, Phillip Williams and Associates, Inc. (PWA), US Department of Agriculture (USDA), California Coastal Commission, and National Aeronautics and Space Administration (NASA). Imagery from ESRI and i -cubed. 0 0.25 0.5 1 Miles 1.5 0 0.5 1 2 3 Kilometers Created by the Pacific Institute, Oakland, California, 2009. Grid coordinates: Project funded by the California Energy Commission's UTM Zone 11 N meters Public Interest Energy Research Program, CalTrans, NAD83 GCS degrees and the California Ocean Protection Council [ C A L I F O R N I A OCEAN PROTECTION COUNCIL 2 Adjoining Quadrangles: 1 2 3 4 3: 5 C A L I F O R N I A OCEAN PROTECTION COUNCIL 2 Adjoining Quadrangles: 1 2 3 4 3: 5 6 7 8 1: Seal Beach 2: Newport Beach 3: Tustin 4: not printed 5: Laguna Beach 6: not printed 7: not printed 8: not printed Map extents match USGS 7.5 minute topographic maps ■ 3°37'30"N 3°35'0"N 3°32'30"N 3°30'0"N 4e . W CA fell' Bd _2.F 7 Ar :2,. - P's T 2 Z.01 F, oe jpj&k t J F. - jr dr W. Amp%. Vt irv- W-4 J - IL I k jj Ai hk PYA .I. I ri. 71 ko�� IL Will — lf� 4r 71. �Fv 75 ke . np Ir 4 4�3 AM, VL.C�-,-%L -Ar,.r;-- -)e I A - P. 91 ?, Received After Agenda Printed January 29, 2018 Planning Session Subject: FW: Public Comments: 2018 City Council Priorities From: scott.ed Sent: Saturday, January 27, 2018 5:26:31 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council; City Clerk's Office; Info@LineintheSanclPAC.com Subject: Public Comments: 2018 City Council Priorities A general plan update is definitely worth considering. The impact of new high density housing on transportation infrastructure, traffic and quality of life must be weighed before approving new projects. Scott Westerfield 12 Sunset Cove Newport Coast Sent from my T -Mobile 4G LTE Device Received After Agenda Printed January 29, 2018 Planning Session Subject: FW: City of Newport Beach: January 29, 2018 City Council Planning Session From: Lyle Brakob [mailto:lmbrakob@cox.net] Sent: Thursday, January 25, 2018 6:19 PM To: Nelson, Jennifer <inelson@newportbeachca.gov> Subject: Fwd: City of Newport Beach: January 29, 2018 City Council Planning Session Jennifer N Please pass to appropriate staffer Ref Agenda Items V Not sure of need but if needed I recommend a thorough go slow approach before making changesespecially zoning VII Recommend 1) a -z safety aspects to be addressed, 2) a noise and fuel pollution measuring program and 3) include military and private aircraft operations such as hours, noise, pollution, and take -off flight patterns (away from residential) Thanks Lyle Brakob 6 Baycrest Court 92660-2918 949 856 4445 Received After Agenda Printed January 29, 2018 Planning Session Subject: FW: Public Comments: 2018 Council Priorities From: Carol Boice Sent: Saturday, January 27, 2018 12:44:58 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council; City Clerk's Office; Info@SPON-NewportBeach.org Subject: Public Comments: 2018 Council Priorities Dear City Council Members, I served 2 years on the General Plan Advisory Committee (GPAC) which received the voters' approval in 2006. The understanding was that the General Plan could be amended if changes in development or land use met the criteria of the Greenlight Initiative which would mean a vote of the residents of Newport Beach to make any change. Since the Greenlight Initiative was voted in by an overwhelming majority of the residents, it needs to remain in force in any future General Plan updates. The will of the people was again reflected by an overwhelming majority of the residents defeating Measure Y and the Museum House zoning changes to the General Plan. Council members are supposed to represent their constituents, thus the will of the people should again be heard on the Koll high rise project. When I served on the General Plan Advisory Committee, we were told that the FAA advised against high rise residential or any residential near the airport for noise and safety reasons. We were of the understanding that the City could ignore the FAA warnings and build low rise (3 stories) residential near the airport , which was written into the General Plan Update. We were told that the residential would be affordable housing. Also, we were told that the apartments that are now being completed at Fashion Island would be affordable housing so that teachers, retail workers, police, fire, and, hospital workers could afford to live here. This was very important in case of a massive earthquake that fire and rescue workers needed to live nearby in order to save lives in Newport Beach; otherwise they would be too far away, stuck on congested freeways, to help us. Did the apartment homes in Fashion Island turn out to be "affordable" as we were told? Will units by the airport also be "affordable" as we were advised when we put together the approved 2006 General Plan? An upcoming issue is going to be changing the land use for the Newport Beach Tennis Club's 7 acres from recreational to residential in order to build 5 story condominium units. If this land use change is made and not voted on by the residents of Newport Beach, it would be a tragic loss for our City and a violation of the Greenlight Initiative. The NBTC is an icon used by families throughout the whole city for generations. It is not just a club for members, non-member families for generations have also been using its recreational facilities. The daily junior tennis clinics are full starting at age 5 with children from everywhere throughout the community. Private coaches train tennis players from high schools all over our city. The junior tennis teams compete with other clubs. Non-members also use the swimming pool for lessons and swim teams for all ages, competing with other clubs throughout the community. The summer junior tennis and swim camps open to non-members are always full. It is historic in hosting the Davis Cup, and has many charity benefit tennis expositions. Currently, Oracle is sponsoring tennis tournaments at the Newport Beach Tennis Club which is attracting huge crowds. The surrounding residential neighborhoods do not mind the traffic and parking situation on the streets for these occasional recreational events that overflow the club's parking lot, but they would be very upset if 5 -story condos caused daily traffic jams and risks for their children crossing Eastbluff Drive to attend Eastbluff Elementary School K-6, Corona del Mar High School 7-12, and Our Lady of Queen of Angels K-8 schools. The parking at the Eastbluff Shopping Center is already starting to be a problem for residents trying to shop at Ralphs, CVS, and other stores, do banking, or being able to dine at the restaurants. I believe the City Council should do everything in its power to keep the Newport Beach Tennis Club zoned recreational and save an important amenity that serves all of the city. The condo alternative would destroy this important and necessary institution and leave residents without recreational opportunities. It would cause too much traffic on Eastbluff Drive, and make it difficult for residents to shop for necessities at the overcrowded Eastbluff Center. Plus it would pose a traffic safety hazard for children crossing Eastbluff Drive in order to attend the three K-12 schools. The new General Plan Update needs to keep the Newport Beach Tennis Club land use as recreational. That's my input having been a 53 -year adult resident of Newport Beach and observing many changes.. Sincerely, Carol Boice 2945 Catalpa Street Newport Beach (949) 759-0809 carolboice@gmail.com