HomeMy WebLinkAbout22 - Encroachment Program for East Oceanfront= CITY OF
_ R C
Clay Council Staff Report
Agenda Item No. 22
February 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director
APPROVED: cA � � 11, AA
TITLE: Initiation of an Amendment to the Coastal Land Use Plan and
Council Policy Establishing an Encroachment Program for East
Oceanfront
ABSTRACT:
A request to initiate an amendment to the Coastal Land Use Plan and City Council
Policy L -12 to create an Encroachment Program for West Oceanfront. This will also
require an amendment to City Council Policy L -12.
RECOMMENDATION:
Initiate an amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council
Policy L -12 establishing an Encroachment Program for East Oceanfront.
FUNDING REQUIREMENTS:
There are no direct funding obligations related to initiating the amendment to create an
Encroachment Program. Limited funding may be required to develop the restoration
plan to determine the appropriate landscape palette to be used beyond the
encroachment area. An encroachment program would also generate annual fees to
improve coastal access in the area. A mitigation plan would be created detailing the
use of these funds. The West Oceanfront Encroachment Program dedicates 85% of its
fees to improving the street ends to create additional parking and access. The details of
funding issues will be presented with the proposed amendments.
DISCUSSION:
Landscaping, fences, irrigation, and hardscape maintained by private property owners
encroach along East Oceanfront onto the public beach. The City's Coastal Land Use
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Initiation of an Amendment to the Coastal Land Use Plan and City Council Policy
February 12, 2013
Page 2
Plan and City Council Policy L -12 limit encroachments to trees existing prior to 1991
and groundcover. A 15 -foot public right -of -way exists ocean ward of the residential
properties. An encroachment program, similar to program in place for West Oceanfront,
could be developed to allow limited encroachments within the public right -of -way.
Encroachment fees could contribute towards a mitigation program designed to improve
public access in the area.
Additional background regarding this issue was provided in the February 12, 2013 City
Council Study Session staff report.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
the action is to direct staff to begin the process of amending City Council Policy L -12
and the Coastal Land Use Plan which has physical change to the environment, directly
or indirectly. At said time when the amendments and related Encroachment Program
are considered for adoption, the environmental affect of that action will be evalauted.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
I /,. Wa4l, -
Kimberly Director .O.
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