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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) -40p..4,00, , e • mu i . 1 • apl; ler" 0 40,44, rie,...-0!1740r, 40,,,.... 4414,460. jp, A ..... IN..... *** ;44 * .1..',! 11 g . / ♦TURNING •�_. '� •� ``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