HomeMy WebLinkAbout20151103 CITY OF NEWPORT BEACH PROPOSED MODIFICATIONS TO CITY OF NEWPORT BEACH COASTAL LAND USE PLAN AMENDMENT NO LC2011-007CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
November 3, 2015
Attn: Karl Schwing, South Coast District Manager
California Coastal Commission
South Coast District Office
200 Oceangate, 10th Floor
Long Beach, CA 90802-4416
Subject: Proposed Modifications to City of Newport Beach Coastal Land Use Plan
Amendment No. LC2011-007/ Coastal Commission Reference No. LCP-5-
NPB-14-0820-2 related to the Back Bay Landing site located at 300 E.
Coast Highway
Dear Mr. Schwing,
Thank you for taking the time to meet with City staff and the project proponent's team
on Monday, October 26, 2015. The intent of the meeting was to present a revised
conceptual plan for the site that focused CM land uses on the bayfront in response to
Coastal Commission staff comments presented to the project proponents at a
September meeting. At the conclusion of the October meeting, it was requested that the
City withdraw the application to provide additional time to process the amendment
request. At this time, the City is not prepared to withdraw the application given that the
application was deemed complete October 9, 2014, and we believe the concerns raised
can be addressed with minor modifications to the originally proposed CLUP amendment
language.
The project proponent has agreed to the attached modifications, which include
additional policies to provide enhanced coastal access (including along the perimeter of
the adjacent mobile home complex). The modifications also strengthen the mandate for
the development of coastal -dependent and public uses to be provided on -site as priority
uses and further restrict the number of location of ground level residential units.
To assist with the identification of the Back Bay Landing site, a new area map is
proposed to be added to the CLUP as Figure 2.1.9-1.
Lastly, Coastal Access and Recreation Map 3-1 (Map 3 of 3) is proposed to be revised
to identify the future vertical access through the site and future lateral access around
the site, as identified in the proposed policy modifications discussed above.
Please accept this letter as a formal request to consider the attached modifications to
the City's CLUP amendment request referenced above. If you need any additional
information, please do not hesitate to contact me at (949) 644-3209 or
jmurillo(a�newportbeachca.gov.
Sincerely,
Jar e Murillo
Senior Planner
Enclosures:
1. Revised CLUP Amendment (Tracked Changes)
2. Revised CLUP Amendment (Clean Copy)
3. New Back Bay Landing Map (Figure 2.1.9-1)
4. Current Coastal Access and Recreation Map 3-1 (Map 3 of 3)
5. Revised Coastal Access and Recreation Map 3-1 (Map 3 of 3)
Enclosure 1
Revised CLUP Amendment (Tracked Changes)
2.1.94 Back Bay Landing
Located at the northwesterly corner of the intersection of East Coast Highway and
Bayside Drive, the Back Bay Landing site is an approximately 7-acre site adjacent to
the Upper Newport Bay. The site is the landside portion of Parcel 3 of Parcel Map
93-111 and is currently improved with existing structures and paved areas utilized
for outdoor storage space of RVs and small boats, parking and restrooms facilities
for the Bayside Marina, a kayak rental and launch facility, parking and access to
Pearson's Port, and marine service equipment storage under the Coast Highway
Bridge.
The site would accommodate the development of an integrated, mixed -use
waterfront project consisting of coastal dependent and coastal related visitor -serving
commercial and recreational uses allowed in the current CLUP CM -A and CM-B
designation, while allowing for limited freestanding multifamily residential and mixed -
use structures with residential uses above the ground floor. Residential development
would be contingent upon the concurrent development of the above -referenced
marine -related and visitor -serving commercial and recreational facilities, including
the enclosed dry stack boat storage facility and completion of a new public bayfront
promenade conneE ^uifih Ryside rive and NewporF flumes/Gourity trails. The
public bayfront promenade shall connect to the Newport Dunes/County regional trail
system via a new Class 1 trail along Bayside Drive and additional bayfront access
shall be provided along the existing marina access way adjacent to the mobile home
development located on Parcel 2 of Parcel Map 93-111 as specified in Policies
2.1.9-2 and 2.1.9-3 and as shown on Coastal Access Map 3-1.
Policy 2.1.9-1
The Back Bay Landing site shall be developed as a unified site with marine -related
and visitor -serving commercial and recreational uses. Limited freestanding
multifamily residential and mixed -use structures with residential uses above the
ground floor are allowed as integrated uses as described below.
• The Mixed -Use Horizontal — MU-H category is applicable to the proiect(s)
site; permitted uses include those allowed under the CM, CV, RM, and MU-V
categories; however, a minimum of 50 percent of the permitted building
square footage shall be devoted to nonresidential uses;
• The site shall be limited to a maximum floor area to land area ratio as
established in General Plan Land Use Element Anomaly Cap No. 80. Ground
floor residential units shall be limited to a maximum of 6 units and sited no
closer than 75 feet from the bayfront. ^ minimum of 5n percent of the reoidential
units shall be developed in mixed use buildings with nonresidential use on the
ground floor.
• The dry stack boat storage, public promenade and public plazas, shall, as
priority uses, be sited adjacent to the bayfront, with the dry stack building on
the western bayfront edge of the site (adjacent to existing Pearson's Port
location).
• A public coastal access component shall be submitted with any project
specific coastal development permit application for Parcel 3 (Back Bay
Landing) which shall incorporate amenities that assure access for coastal
visitors, including the development of a public pedestrian promenade along
the bayfront, bikeways with connections to existing regional trails and paths,
an enclosed dry -stack boat storage facility, a public launch area for non-
trailered, non -motorized watercraft, public access parking, marina parking,
public restrooms, and public plazas and open spaces that provide public
views, view corridors, and new coastal view opportunities.
• The site shall be developed as a unified site to prevent fragmentation and to
assure each use's viability, quality, and compatibility with adjoining uses.
Development shall be designed and planned to achieve a high level of
architectural quality with pedestrian, non -automobile and vehicular circulation
and adequate parking provided.
Policy 2.1.9-2
Access to and along the existing marina access way adjacent to the mobile home
development located on Parcel 2 of Parcel Map 93-111 shall be provided in
conjunction with the development of the Back Bay Landing site. Restrictions on the
hours of public access and landscape improvements consistent with Coastal Act
Section 30214 shall be established at the time of review of the coastal development
permit application for Back Bay Landing.
Policy 2.1.9-3
As a condition of approval on any coastal development permit issued for
development of the Back Bay Landing site, the applicant shall provide an Offer to
Dedicate (OTD) a public access easement across the portion of the property that is
currently utilized by the residents of the adjacent mobile home complex as a private
beach or over the submerged fee -owned land adjacent thereto. As a condition of any
new development of Parcel 1 or Parcel 2 of Parcel Map 93-111, other than
replacement and/or maintenance of mobile homes, the clubhouses, pools, common
areas or roadways, the public marina access way connection from the west portion
of the access way to the east portion shall be constructed.
2.1.10 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each property and is
intended to provide a graphic representation of policies relating to the location, type,
density, and intensity of all land uses in the coastal zone.
Policy 2.1.10-1. Land uses and new development in the coastal zone shall be
consistent with the Coastal Land Use Plan Map and all applicable LCP policies and
regulations.
Policy 4.4.2-1
Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 43, except for Marina Park and the following sites:
A. Marina Park...[no change to existing language]
B. Former City Hall Complex...[no change to existing language]
C. Back Bay Landing at East Coast Highway/Bayside Drive: A single, up to 65-
foot-tall coastal public view tower, that will be ADA-compliant and publicly
accessible at no cost, to provide new coastal additional view opportunities of
Newport Harbor, the Pacific Ocean and the Upper Newport Bay view
opportunities where existing views are fmpaetedobstructed by the East Coast
Highway Bridge, other existing structures and topography. If feasible, and
subject to review during coastal development permit review of any Back Bay
Landing project application, the public view tower may include interpretive
facilities, screened communications or emergency equipment.
*Amendment will include related changes to Table of Contents
Enclosure 2
Revised CLUP Amendment (Clean Copy)
2.1.9 Back Bay Landing
Located at the northwesterly corner of the intersection of East Coast Highway and
Bayside Drive, the Back Bay Landing site is an approximately 7-acre site adjacent to
the Upper Newport Bay. The site is the landside portion of Parcel 3 of Parcel Map
93-111 and is currently improved with existing structures and paved areas utilized
for outdoor storage space of RVs and small boats, parking and restrooms facilities
for the Bayside Marina, a kayak rental and launch facility, parking and access to
Pearson's Port, and marine service equipment storage under the Coast Highway
Bridge.
The site would accommodate the development of an integrated, mixed -use
waterfront project consisting of coastal dependent and coastal related visitor -serving
commercial and recreational uses allowed in the current CLUP CM -A and CM-B
designation, while allowing for limited freestanding multifamily residential and mixed -
use structures with residential uses above the ground floor. Residential development
would be contingent upon the concurrent development of the above -referenced
marine -related and visitor -serving commercial and recreational facilities, including
the enclosed dry stack boat storage facility and completion of a new public bayfront
promenade. The public bayfront promenade shall connect to the Newport
Dunes/County regional trail system via a new Class 1 trail along Bayside Drive and
additional bayfront access shall be provided along the existing marina access way
adjacent to the mobile home development located on Parcel 2 of Parcel Map 93-111
as specified in Policies 2.1.9-2 and 2.1.9-3 and as shown on Coastal Access Map 3-
1.
Policy 2.1.9-1
The Back Bay Landing site shall be developed as a unified site with marine -related
and visitor -serving commercial and recreational uses. Limited freestanding
multifamily residential and mixed -use structures with residential uses above the
ground floor are allowed as integrated uses as described below.
• The Mixed -Use Horizontal — MU-H category is applicable to the project(s)
site; permitted uses include those allowed under the CM, CV, RM, and MU-V
categories; however, a minimum of 50 percent of the permitted building
square footage shall be devoted to nonresidential uses;
• The site shall be limited to a maximum floor area to land area ratio as
established in General Plan Land Use Element Anomaly Cap No. 80. Ground
floor residential units shall be limited to a maximum of 6 units and sited no
closer than 75 feet from the bayfront.
• The dry stack boat storage, public promenade and public plazas, shall, as
priority uses, be sited adjacent to the bayfront, with the dry stack building on
the western bayfront edge of the site (adjacent to existing Pearson's Port
location).
9845246.v2
• A public coastal access component shall be submitted with any project
specific coastal development permit application for Parcel 3 (Back Bay
Landing) which shall incorporate amenities that assure access for coastal
visitors, including the development of a public pedestrian promenade along
the bayfront, bikeways with connections to existing regional trails and paths,
an enclosed dry -stack boat storage facility, a public launch area for non-
trailered, non -motorized watercraft, public access parking, marina parking,
public restrooms, and public plazas and open spaces that provide public
views, view corridors, and new coastal view opportunities.
• The site shall be developed as a unified site to prevent fragmentation and to
assure each use's viability, quality, and compatibility with adjoining uses.
Development shall be designed and planned to achieve a high level of
architectural quality with pedestrian, non -automobile and vehicular circulation
and adequate parking provided.
Policy 2.1.9-2
Access to and along the existing marina access way adjacent to the mobile home
development located on Parcel 2 of Parcel Map 93-111 shall be provided in
conjunction with the development of the Back Bay Landing site. Restrictions on the
hours of public access and landscape improvements consistent with Coastal Act
Section 30214 shall be established at the time of review of the coastal development
permit application for Back Bay Landing.
Policy 2.1.9-3
As a condition of approval on any coastal development permit issued for
development of the Back Bay Landing site, the applicant shall provide an Offer to
Dedicate (OTD) a public access easement across the portion of the property that is
currently utilized by the residents of the adjacent mobile home complex as a private
beach or over the submerged fee -owned land adjacent thereto. As a condition of any
new development of Parcel 1 or Parcel 2 of Parcel Map 93-111, other than
replacement and/or maintenance of mobile homes, the clubhouses, pools, common
areas or roadways, the public marina access way connection from the west portion
of the access way to the east portion shall be constructed.
2.1.10 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each property and is
intended to provide a graphic representation of policies relating to the location, type,
density, and intensity of all land uses in the coastal zone.
Policy 2.1.10-1. Land uses and new development in the coastal zone shall be
consistent with the Coastal Land Use Plan Map and all applicable LCP policies and
regulations.
9845246.v2
Policy 4.4.2-1
Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 43, except for Marina Park and the following sites:
A. Marina Park...[no change to existing language]
B. Former City Hall Complex...[no change to existing language]
C. Back Bay Landing at East Coast Highway/Bayside Drive: A single, up to 65-
foot-tall coastal public view tower, that will be ADA-compliant and publicly
accessible at no cost, to provide additional view opportunities of Newport
Harbor, the Pacific Ocean and the Upper Newport Bay where existing views
are obstructed by the East Coast Highway Bridge, other existing structures
and topography. If feasible, and subject to review during coastal development
permit review of any Back Bay Landing project application, the public view
tower may include interpretive facilities, screened communications or
emergency equipment.
*Amendment will include related changes to Table of Contents
9845246.v2
Enclosure 3
New Back Bay Landing Map (Figure 2.1.9-1)
Back Bay Landing
Figure 2.1.9-1
Local Coastal Program
Coastal Land Use Plan
Icp_lu_amend_Figure2-1-9-1. mxd
0 250 500
1,000
Feet
Enclosure 4
Current Coastal Access and Recreation
Map 3-1 (Map 3 of 3)
City of Newport Beach, California (Harbor Area)
Local Coastal Program
Coastal Land Use Plan
LCP05AccessRecHarb mxd
3-40
PB
Coastal Access
and Recreation:
Map 3-1
(Map 3 of 3)
LEGEND
Public Beach Location
Public Beach Access Location
Potential Access Point
Coastal Zone Boundary
'N. Lateral Access
Potential Lateral Access
'\' Vertical Access
Blufftop Access
Potential Blufftop Access
City Boundary
Proposed Park
SG Public Beach or Park
City of
Costa Masa
P d000c.an
-
City of
Laguna eac
h
NORTH
December/2005 _,/
Enclosure 5
Revised Coastal Access and Recreation
Map 3-1 (Map 3 of 3)
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``BASIN
- <ioo M,..-----
N
•
r d •`
Coastal Access
and Recreation:
Map 3-1
(Map 3 of 3)
LEGEND
IB Public Beach Location
Public Beach Access Location
A Potential Access Point
Coastal Zone Boundary
ti Lateral Access
Potential Lateral Access
Vertical Access
Blufftop Access
Potential Blufftop Access
City Boundary
Proposed Park
Public Beach or Park
City of Newport Beach, California (Harbor Area)
Local Coastal Program
Coastal Land Use Plan
LCP05AccessRecHarb.mxd
3-40
NORTH
Miles
December/2005