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HomeMy WebLinkAbout2014-03-26_GP-LCPIC_Minutes_ApprovedCity of Newport Beach General Plan/LCP Implementation Committee Minutes Data: March 26, 2014 Location: Newport Beach Civic Center — 100 Civic Center Drive Newport Coast Meeting Room (Bay E, Second Level, Room 2017) Members Edward Selich, Mayor Pro Tern (Chair); Nancy Gardner, Council Present: Member; Fred Amed, Planning Commissioner; and Michael Toerge, Member -At -Large Members Absent, Tony Petro, Council Member; Bradley Hillgren, Planning Commission Chair Staff: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Patrick Alford, Planning Manager; and Leonle Mulvihill, Deputy City Attorney. Public: Sandie Haskell, Jo Overman, Clyde Harkins, Michelle Brown, Tom Mathews, Isabella Villasenior, and Jim Mosher Due to the lack of a quorum, Chair Selich took the agenda out of order, 2) ROLL CALL Chair Selich invited everyone to introduce themselves. 4) CURRENT BUSINESS A. Coastal Commission Update Planning Manager Patrick Alford informed the Committee that City staff and California Coastal Commission (CCC) staff would be meeting on the Monday preceding the Committee meeting to discuss and resolve the outstanding key Issues. He reported that the March 24, 2014, meeting was on the proposed coastal zone boundary adjustments and gave a summary of the CCC staffs responses. He said that staff would have updated maps at the next Committee meeting. Director Kimberly Brandt and Deputy Director Brenda Wisneski responded to questions from the Committee on upcoming meetings with CCC staff, which will cover the continuation of the categorical exclusion order. 1) CALL MEETING TO ORDER Commissioner Ameri arrived at approximately 1:05 pm and the meeting was called to order. 3) APPROVAL OF MINUTES Mr. Jim Mosher pointed out a few typographical errors, General Plan/LCP Implementation Committee March 26, 2014, Minutes Page 2 The minutes of the January 29, 2014, meeting were approved as amended by a vote of 4-0 with Sellch, Gardner, Amed, and Toerge voting in favor. 4) CURRENT BUSINESS A. Coastal Commission Update (Continued) Mr. Jim Mosher noted that the new CCC staff member, Matt Stone, will be working on projects other than the Implementation Plan, B. Draft Implementation Plan Mr. Alford noted that contents of proposed Implementation Plan Chapter 21.30A (Public Access and Recreation) and Chapter 21.3013 (Environmentally Sensitive Areas) were first proposed by the predecessor LCP committee in 2006, and then again with the Zoning Code Update in 2009. He then proceeded to give an overview of Chapter 21.30A. Council Member Gardner raised questions about City acceptance of public access dedications and historic use. Deputy City Attorney Leonie Mulvihill expressed concerns about those two issues and will work with Planning staff to address them. Council Member Gardner stated that repair and maintenance of shoreline protective structures needed to allow the replacement on seaward of the existing structure. Committee Member Michael Toerge pointed out an error in Section 21.30A.020. He also said that the applicability section should make it clear when public access would be required and when it would not. Chair Selich expressed concern on how some of these provisions would be interpreted by State agencies and asked the Office of the City Attorney to work with the Planning Division on the language. Commissioner Amed questioned the practicality of providing access within setback areas and privacy buffers. A discussion ensued on prioritizing onshore lateral access over offshore lateral access. Mr. Mosher pointed out some errors in the cross-references. He also questioned having the Office of the City Attorney setting policy. Ms. Michelle Brown asked if the public access regulations apply to Buck Gully. Mr. Alford gave an overview of Chapter 21.30B. Council Member Gardner commented on wetlands delineation, buffer areas, and post -mitigation monitoring. General Plan/LCP Implementation Committee March 26, 2014, Minutes Page 3 Commissioner Ameri called for more flexibility on development on the edges of wetlands. A discussion ensued on how the cost of biological surveys, ESHA determination, and the boundaries of environmental study areas. Ms. Sandie Haskell related her experience with getting approvals for her project in Buck Gully. Mr. Clyde Harkins spoke about how the water flow in Buck Gully had increased in recent years. A discussion ensued on how Newport Coast drainage had impacted Buck Gully. Ms. Michelle Brown spoke about her frustration on getting stringline determinations for properties on Buck Gully and the impact on property values. A discussion ensued about the City's efforts over the past 10 years to develop Buck Gully standards that could be approved by the Coastal Commission. Mr. Mosher pointed out that the Coastal Commission could revoke the categorical exclusion order if it is found that there is the potential of significant adverse impacts on coastal resources. Responding to a question from Ms. Isabella Villasenior, Council Member Gardner said that public access would only be provided in Upper Buck Gully. Ms. Haskell commented on the draft development zone exhibit for Buck Gully. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT NON - DISCUSSION ITEM) None. 6) PUBLIC COMMENTS None. 7) NEXT MEETING Wednesday, April 23, 2014, at 12:30 p.m. 8) ADJOURNMENT The meeting adjourned at approximately 4:43 p.m. The agenda for the Regular Meeting was posted on March 19, 2014 at 5:20 p.m. in the Chambers binder located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on March 19, 2014, at 2:01 p.m.