HomeMy WebLinkAbout2016-92 - Approving Coastal Land Use Plan Amendment No. LC2013-002, Council Policy L-12 Amendment, and the East Ocean Front Comprehensive Encroachment and Removal and Replacement Program (PA2013-057)RESOLUTION NO. 2016-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL
LAND USE PLAN AMENDMENT NO. LC2013-002, COUNCIL
POLICY L-12 AMENDMENT, AND THE EAST OCEAN FRONT
COMPREHENSIVE ENCROACHMENT AND REMOVAL AND
REPLACEMENT PROGRAM (PA2013-057)
WHEREAS, on February 12, 2013, the City Council of the City of Newport Beach ("City")
initiated an amendment to the City's Coastal Land Use Plan to establish an encroachment
permit program for the public right-of-way located oceanward and parallel to the residential
properties on East Ocean Front ("Amendment');
WHEREAS, the Amendment applies the criteria of the existing encroachment program
defined in Coastal Land Use Plan Section 3.1.3 Beach Encroachments to the area known as
the proposed encroachment zone from 1400 East Ocean Front to Channel Road. The
Amendment also expands upon the beach access mitigation program detailed in Coastal
Land Use Plan Policy 3.1.3-9;
WHEREAS, the subject right-of-way is designated Park and Recreation (PR) within the
General Plan Land Use Element, Coastal Land Use Plan, and Zoning Code. The Amendment
will not become effective until it is approved by the California Coastal Commission;
WHEREAS, Council Policy L-12 establishes a procedure for approval of permitted
encroachments and extent of encroachments, and the Council Policy L-12 Amendment
establishes an encroachment zone from 1400 East Ocean Front to Channel Road. The Council
Policy L-12 Amendment will become effective at such time the Amendment is effective;
WHEREAS, the Planning Commission conducted a public hearing on April 9, 2015, in
the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the public hearing was given in accordance with the
Newport Beach Municipal Code. Following consideration of evidence, both written and oral,
the Planning Commission voted to recommend the City Council approve the Amendment by
adoption of Resolution No. 1978; and
WHEREAS, the City Council conducted a public hearing on July 26, 2016, in the City
Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place, and purpose of the public hearing was given in accordance with the Newport
Beach Municipal Code.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Resolution No. 2016-92
Page 2 of 3
Section 2: The City Council does hereby find:
1. Amendments to the Coastal Land Use Plan are legislative acts. Neither
the City nor State Planning Law set forth any required findings for either approval or
denial of such amendments.
2. The proposed Amendment, Council Policy L-12 Amendment, and the
East Ocean Front program will provide consistency with the existing and anticipated
use of the public right-of-way located oceanward and parallel to the residential
properties on East Ocean Front, establish fees and mitigation measures to maintain
public access within the public right-of-way, and remove and replace unpermitted
development.
Section 3: The City Council of the City of Newport Beach hereby approves Coastal
Land Use Plan Amendment No. LC2013-002, as shown on Exhibit A-1, Council Policy L-12
Amendment, as shown on Exhibit A-2, and the East Ocean Front Comprehensive
Encroachment and Removal and Replacement Program, as shown on Exhibit A-3, which are
attached hereto and incorporated by reference.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this resolution. The City Council hereby
declares that it would have passed this resolution, and each section, subsection, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The City Council finds that California Public Resources Code Section
21080.9 and California Environmental Quality Act ("CEQA") Regulation Section 15265
exempt local governments from the requirements of preparing an environmental impact
report ("EIR") or otherwise complying with CEQA in connection with the adoption of a Local
Coastal Program ("LCP"). Instead, certification of an LCP by the Coastal Commission is
subject to the requirements of CEQA. The Coastal Commission's regulatory program
involving the preparation, approval and certification of local coastal programs has been
certified by the Natural Resources Agency under Public Resources Code Section 21080.5 as
the functional equivalent of CEQA review. As a result of this certification, the Coastal
Commission is exempt from the requirement of preparing an EIR in connection with an LCP.
Further, the amendment to the City's Land Use Plan conforms with policies in Chapter 3 of
the Coastal Act and the proposed Amendment will not result in significant adverse
environmental impacts within the meaning of CEQA.
Furthermore, the City Council finds that the amendment to Council Policy L-12 and the
East Ocean Front Comprehensive Encroachment and Removal and Replacement Program
are exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small
Structures of the CEQA Guidelines, because the program only allows minor improvements
that have no potential to have a significant effect on the environment.
Resolution No. 2016-92
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution; however, the
amendments and program provided in this resolution shall not become effective until such time
the Amendment is approved by the California Coastal Commission and in effect.
ADOPTED this 26th day of July, 2016.
Diane B. Dixon
Mayor
ATTEST:
u
Leilani I. Brown
City Clerk
Attachments: Exhibit A-1: Coastal Land Use Plan Amendment No. LC2013-002
Exhibit A-2: Council Policy L-12 Amendment
Exhibit A-3: East Ocean Front Comprehensive Encroachment and Removal and
Replacement Program
Exhibit A-1
Coastal Land Use Plan Amendments
City of Newport Beach Coastal Land Use Plan
Amendments to Chapter 3.0 Public Access and Recreation
Section 3.1.3 Beach Encroachments
Policies 3.1.3-3 through 3.1.3-9
"3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones:
A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear (ocean facing)
property line within the oceanward prolongation of the side property lines.
B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear (ocean facing) property
line within the oceanward prolongation of the side property lines.
C. 36th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the
inland edge of the Oceanfront Boardwalk (7 to 8 feet oceanward of the rear property line) and within an
oceanward prolongation of the side property lines.
D. E Street to 107 G Street. No encroachments are permitted from a point 250 feet southeast of E
Street to and including 107 G Street, with the exception of landscaping trees existing prior to October 22,
1991 and groundcover.
E. 1400 East Ocean Front to Channel Road. A maximum of 15 feet oceanward of the rear (ocean
facing) property line within the oceanward prolongation of the side property lines.
3.1.3-4. Limit encroachments within encroachment zones as follows:
A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a
building permit.
B. Prohibit pressurized irrigation lines and valves.
C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping.
D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources.
E. Require landscaping to be designed and maintained to avoid impacts to public access and views.
F. Restrict landscaping in dune habitat areas to native vegetation.
3.1.3-5. Require annual renewal of encroachment permits and a fee.
3.1.3-6. Require encroachment permits to specify that the property owner waives and gives up any right to
contest the validity of the oceanfront street easement, and that the encroachment permit is revocable,
without cause, if the City proposes to construct public improvements within that zone.
3.1.3-7. Require encroachment permits to specify that the construction of any seawall, revetment or other
erosion control devices, if necessary, shall occur within, or as close as feasible to, private property.
3.1.3-8. Incorporate into the implementation plan regulations specifying the types of improvements
permitted within encroachment zones, a prohibition on improvements that could impair or restrict public
access or views, procedures for the encroachment permit applications, City administration of the policy,
and other appropriate provisions.
3.1.3-9. As mitigation for any impact on beach access resulting from the encroachments:
A. Maintain 33 street ends between 36th Street and Summit to provide an average of 2 parking spaces
per street, and additional spaces where feasible.
B. Meter West Newport street end parking spaces in the same manner as the West Newport Park in
order to encourage public use of the spaces.
C. Maintain a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway
shall extend oceanward a sufficient distance to allow a view of the surfline by an individual seated in a
wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end
and at least one other handicapped parking space at one other West Newport street end.
D. Require a minimum of 85 percent of the fees generated by encroachments will be the
beach -going public such as parking spaces, transportation alternatives, restrooms, vertical or
lateral walkways along the beach and similar projects."
Exhibit A-2
City Council Policy L-12
L-12
OCEANFRONT ENCROACHMENT POLICY
The City Council has approved Amendment No. 23 to the Land Use Plan of the Local
Coastal Program, which established specific restrictions and conditions on the
installation of private improvements in the public right of way along the oceanfront
from the Santa Ana River Channel to Channel Road. Existing encroachments are
located on a very small portion of the sandy beach and do not impact any of the 89
street ends and other public facilities which provide beach access through oceanfront
residential communities. However, encroachments could impact access to, and public
use of, the beach in the absence of an equitable and enforceable City policy limiting the
extent, size and nature of the encroachments. This policy is intended to implement
Amendment No. 23 by establishing a procedure for approval of permitted
encroachments, removal of prohibited encroachments, limiting the extent of
encroachments, and clarification of improvements permitted within each encroachment
zone.
A. Definitions.
1. For the purpose of this Section, the following words and phrases shall be
defined as specified below:
a. Existing encroachment shall mean any encroachment or
improvement installed or constructed before May 31,1992.
b. Neto encroachment shall mean any encroachment or improvement
installed or constructed after May 31, 1992.
C. Improvements or Encroachments shall mean any object or thing:
i. within or oceanward of any encroachment zone described in
this policy;
ii, within or oceanward of the north edge of the Oceanfront
Boardwalk, between 36th Street and A Street; or
iii. oceanward of any residential parcel from a point 250 feet
southeast of E Street to Charnel Road.
d. Encroachment permit shall mean the permit issued by the Public
Works Director authorizing the maintenance or installation of
encroachments or improvements within the encroachment zones
described in this policy.
L-12
e. Application shall mean any application for an encroachment permit
pursuant to the provisions of this policy and the land use plan of
the local coastal program.
f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean
the concrete walkway along the oceanside of ocean front residential
properties between 36th Street and a point approximately 250 feet
southeast of E Street.
B. Encroachment Zones. Subject to compliance with the provisions of this policy:
1. The owner of any ocean front residential parcel between the Santa Ana
River and 52nd Street may install improvements on the oceanside of the
parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of
the parcel.
2. The owner of any oceanfront residential parcel between 52nd Street and
36th Street may install improvements on the ocean side of the parcel up to
a maximum of 10 feet oceanward of the private property line and within
an oceanward prolongation of the property lines on the side of the parcel.
3. The owner of any oceanfront residential parcel between A Street and a
point 250 feet southeast of E Street may install improvements up to the
sidewalk and within an oceanward prolongation of the property lines on
the side of the parcel..
4. The owner of any oceanfront residential parcel between and including
1400 East Ocean Front and Channel Road may install improvements on
the Oceanside of the parcel up to a maximum of 15 feet oceanward of the
private property line and within an oceanward prolongation of the
property lines on the side of the parcel.
C. Prohibited Encroachments.
1. Encroachments and improvements are prohibited oceanward of private
property between 36th Street and A Street provided, however, the
northerly edge of Oceanfront Boardwalk in this area is not always
coincident with the oceanward private property line and improvements
northerly of the north edge of the sidewalk are not considered
encroachments or prohibited by this policy.
L-12
2. Encroachments, including irrigation systems, and improvements are
prohibited oceanward of any ocean front parcel from a point 250 feet
southeast of E Street to and including 107 G Street, provided existing trees
which have been planted and maintained in conformance with City
Council policy, and ground cover such as ice plant or indigenous plants
are not considered to be an encroachment, and will not require a permit
pursuant to this policy, but the City reserves the right to remove, trim or
otherwise, control the type and extent of any such landscaping.
3. Any existing encroachment or improvement for which no application has
been filed on or before May 31, 1992, and any new encroachment or
improvement for which no application is filed prior to installation is
prohibited.
4. Any new or existing encroachment or improvement which, on or after
July 1, 1992, is not in conformance with this policy is prohibited.
5. Any new or existing encroachment or improvement for which there is no
valid permit.
D. Permitted Encroachment/Improvements. Subject to compliance with the
provisions of this policy, the following improvements are permitted within the
encroachment zones described in Section B:
1. Patio slabs or decks no higher than six inches above grade or the finished
floor grade of the adjacent residence. The Public Works Director may
approve minor dimensional tolerances for patio slabs and decks only
upon a finding that the improvement is consistent with the spirit and
intent of this policy and the cost of strict compliance is disproportionate to
the extent of the nonconformity. Determination of grade will be made as
provided in Section J.
2. Walls and/or fences less than 36 inches in height above grade or the
finished floor grade of the existing residence. The Public Works Director
may approve minor dimensional tolerances for walls and/or fences upon
a finding that the improvement is consistent with the spirit and intent of
this policy and the cost of strict compliance is disproportionate to the
extent of the nonconformity. Determination of grade will be made as
provided in Section J.
L-12
3. Existing improvements which were constructed in conjunction with
development for which a building permit was issued may be approved by
the Public Works Director upon a finding that the improvement is
consistent with the spirit and intent of this policy and the cost of strict
compliance is disproportionate to the extent of the nonconformity.
4. In no event shall the Public Works Director approve a permit for an
encroachment or improvement that varies more than 12 inches from the
horizontal dimensional standards of this policy.
E. Prohibited Improvements.
1. Except for perimeter walls and/or fences less than 36" in height, any
structural, electrical, plumbing or other improvements which require
issuance of a building permit.
2. Pressurized irrigation lines and valves.
3. Any object which exceeds 36 inches in height, exclusive of the following:
a. trees planted by the City of Newport Beach or private parties
pursuant to written policy of the City Council of the City of
Newport Beach; or
b. any landscaping or vegetation within the encroachment zone
subject to the following:
i. The vegetation or landscaping was installed prior to the first
effective date of this policy;
ii. The vegetation or landscaping does not block views from
adjoining property;
iii. The vegetation or landscaping does not function as screen
planting as defined in Title 20 of the Newport Beach
Municipal Code;
iv. The vegetation or landscaping does not impair or affect the
health, safety or welfare of persons using the oceanfront
Walk, nearby property owners, or residents of the area; and
V. New plant materials that have been approved under a
separate California Coastal Commission permit.
L-12
Notwithstanding the provisions of this Subparagraph, the City reserves the right to
reduce the height of any existing landscaping at any time, upon a determination by the
Public Works Director, and after notice to the owner of property on which the
vegetation or landscaping exists, that a reduction in height is necessary or appropriate
given the purposes of this policy.
F. Permit Process.
1. An encroachment permit shall be required for all permitted
improvements. The application shall be filed with the Public Works
Department on a form provided by the City. The application shall be
signed by the owner of the property, or an agent of the owner if the
application is accompanied by a document, signed by the owner, granting
the agent the power to act for the owner with respect to the property. The
application shall be accompanied by a site plan, drawn to scale and fully
dimensioned, which accurately depicts the location, height, nature and
extent of all proposed improvements and objects within the encroachment
zone. Applications with incomplete information and/or inadequate
drawings will not be accepted.
2. Applications for existing encroachments must be filed on or before May
31, 1992. Applications for new encroachments shall be filed before any
encroachment or improvement is installed. No new encroachments or
improvements shall be installed without an encroachment permit.
3. Upon receipt of the application, the Public Works Director shall, within
fifteen (15) days after the date of filing, determine if the application is
complete or if additional information is necessary or appropriate to an
evaluation of the application. In the event the application is incomplete or
additional information is necessary, written notice to that effect shall be
sent to the property owner within twenty (20) days after the application is
filed.
4. With respect to applications for existing encroachments, an inspection
shall be conducted of all improvements within the encroachment zone
before a permit is issued by the Public Works Director. With respect to
applications for new encroachments, an onsite inspection will be
conducted after installation of the improvements to insure conformity
with provisions of the permit and this policy.
L-12
5. The Public Works Director shall approve the permit upon a determination
that the encroachments proposed to be constructed, or to remain, are
permitted by this policy, the applicant has agreed to abide by all of the
terms and conditions imposed on the permit, and the applicant has paid
all fees required by this policy.
6. The Public Works Director shall have the authority to condition his/her
approval of the encroachment permit as necessary or appropriate to
insure compliance with the provisions of this policy. The Public Works
Director shall have the specific authority to condition approval of an
encroachment permit on the removal of nonconforming improvements
within a specified period of time.
7. The Public Works Director shall notify the applicant of his/her decision
within sixty (60) days after the application is filed and the decision of the
Public Works Director shall be final.
G. Term.
1. Except as provided in this Section, annual encroachment permits shall
expire on June 30 of each calendar year.
2. Encroachment permits issued prior to June 30, 1992 shall expire June 30,
1993.
H. Renewal.
1. Annual renewal fees shall be due and payable on or before May 31
preceding the annual term of the permit. For example: Annual renewal
fees due on May 31, 2001, are for the period July 1, 2001 through June 30,
2002.
2. The Public Works Director shall approve annual renewal if:
a. The applicant has complied with all standard and special
conditions of approval;
b. The applicant has constructed only those improvements and
encroachments authorized by the permit;
C. The applicant is in compliance with all of the provisions of this
policy.
L-12
I. Standard Conditions.
1. The Public Works Director shall impose standard conditions of approval
on all encroachment permits. These standard conditions shall include,
without limitation, the following:
a. The obligation of permittee to comply with all of the provisions of
this policy and all conditions imposed upon the permit.
b. The right of the Public Works Director to revoke any permit after
notice and hearing if the permittee is in violation of this policy or
conditions to the permit.
C. The right of the City to summarily abate encroachments or
improvements which are prohibited by this policy or conditions on
the permit upon ten (10) day's written notice.
d. The obligation of permittee to pay all costs incurred by the City in
summarily abating any prohibited improvement.
e. The obligation of permittee to defend, indemnify and hold the City
and its employees harmless from and against any loss or damage
arising from the use or existence of the improvements or
encroachment.
f. Permittee's waiver of any right to contest the City's street and
public access easement over property within or oceanward of the
encroachment zones.
g. The right of the Public Works Director or his designee to inspect
improvements within the encroachment zone without notice to the .
permittee.
h. The right of the City to cancel or modify any, or all, encroachment
permit(s) upon a determination by the City Council to construct a
public facility or improvement within or adjacent to the
encroachment zone.
2. The construction of any seawall, revetment or other device necessary to
control erosion, shall occur as close to private property as feasible.
Erosion control devices shall not be placed or installed closer to the ocean
to protect improvements or encroachments.
L-12
3. The Public Works Director may impose additional standard conditions
necessary or appropriate to insure compliance with, or facilitate City
administration of this policy.
J. Determination of Grade.
1. The nature of the beach makes a precise determination of grade difficult.
The level of the sand changes with wind, storm, and tidal conditions. The
Public Works Director shall determine the level from which the height of
encroachments and improvements is to be measured. In making this
determination, the Public Works Director shall consider the following
criteria:
a. The existing grade in the area;
b. Finished floor elevation or grade of the adjacent residence;
C. The elevation of existing encroachments on site and on adjacent
properties;
d. Any data on the historic elevation of the beach in that area.
K. Annual Fee.
1. The fees based on the depths of encroachment shown below shall be
established by resolution of the City Council after appropriate public
review, shall be based on City Council Policy F-7, and paid annually as a
condition of the issuance of encroachment permits:
Depth of Encroachment
0-5feet
5 - 7-1/2 feet
7-1/2 -10 feet
10 -15 feet
2. For purposes of determining fees, the average depth of the encroachment
shall be used. However, the maximum depth shall not exceed the
limitations specified in Section B. A dimensional tolerance not to exceed
12 inches may be allowed in determining the appropriate fee to be paid by
persons with existing encroachments.
L-12
3. The annual fee shall be due and payable upon submittal of the application
for the initial encroachment permit. Renewal fees shall be due May 31 of
each year. The fee shall be considered delinquent thirty (30) days
thereafter. Delinquent fees shall be established by resolution of the City
Council.
4. The annual fee shall be used to defray City costs of administration,
incidental costs of improvements on street ends along the oceanfront, and
incidental costs to enhance public access and use of the ocean beaches. At
least eighty-five (85%) percent of the fees shall be used by the City to
implement the mitigation plan as required by Amendment No. 23 to the
Land Use Plan of the City's Local Coastal Program. (See Section M.)
L. Violations/Remedy.
1. The City shall, in addition to any right or remedy provided by law, have
the right to do any or all of the following in the event a permittee is in
violation of the provisions of this policy or any condition to the permit, or
any encroachment or improvement violates the provisions of this policy:
a. Revoke the permit after giving the permittee notice and an
opportunity to be heard upon a determination that there is
substantial evidence to support a violation of this policy. The
Public Works Director shall establish the specific procedures
designed to insure that permittee receives due process of law.
b. Summarily abate any encroachment or improvement violative of
this policy after giving the permittee or property owner ten (10)
day's written notice of its intention to do so in the event the
permittee or property owner fails to remove the encroachment or
improvement. The permittee or property owner shall pay all costs
incurred by the City in summarily abating the encroachment or
improvement. The determination of the Public Works Director
with respect to abatement shall be final.
M. Land Use Plan of Local Coastal Program Mitigation Plan.
To mitigate any impact on beach access resulting from the encroachments, the
City shall:
1. Reconstruct thirty-three unimproved street ends between 36th Street and
Summit to provide additional parking and approved access in accordance
with the following:
L-12
a. The reconstruction shall provide a minimum, where feasible, of
two parking spaces per street end and shall proceed in substantial
conformance with the standard drawing, attached as exhibit "A."
b. The City shall use at least eighty-five percent (85%) of the fees to
fund reconstruction of street ends until all have been improved.
The City will use its best efforts to improve three or more street
ends per year (except during the year when vertical handicapped
access is constructed), and anticipates that funding will be adequate
to do so.
C. West Newport street -end parking spaces shall be metered in the
same manner as the West Newport Park in order to encourage
public use of the spaces.
2. Within three years after Council approval of this Resolution, City shall
construct a hard surface walkway perpendicular to Seashore Drive at
Orange Avenue. The walkway shall extend oceanward a sufficient
distance to allow a view of the surfline by an individual seated in a
wheelchair. At least one handicapped parking space shall be designated
at the Orange Avenue street end. City shall designate at least one other
handicapped space at one of the first three street ends improved.
3. Subsequent to the reconstruction of all West Newport street ends, at least
eighty-five percent (85%) of the fees generated by encroachments will be
used for the construction of improvements which directly benefit the
beach going public such as parking spaces, transportation alternatives,
restrooms, vertical or lateral walkways along the beach and similar
projects, subject to appropriate public review and permits, including
Coastal Development Permit, if required.
[Attachment - Exhibit "A"]
Adopted - November 26,1990
Amended - July 8,1991 (Resolution 91-80)
Amended - March 9,1992
Amended - September 28,1992
Amended -January 24,1994
Amended - February 27,1995
Amended - February 26,1996
Amended - February 24,1997
L-12
Amended - March 22,1999
Amended - May 8, 2001
Amended - October 10, 2006
Amended - July 26, 2016
Formerly L-14
�— Pd7MC 8--nCH Mefi--
__ -- -__�
f
EMY vN CLE
FrtCESS tCVCRETE3
L-12
7-12
Exhibit "6"
i
1 Era QKWO MR
L , . 2
STFEET PFIN ENT
FPM ss- TO Sr SERSHORE DRIVE
PL
f
1
w . -
TYPICRL 75 FEETIR
EiIw
ISIT
STREET ENDS (DRAFT) fr
tu Tc
Exhibit A-3
East Ocean Front Comprehensive Encroachment and Removal
and Replacement Program
,:�s-�PO4V
cit Q- �P
FORK
East Ocean Front Comprehensive
Encroachment and Removal and
Replacement Program
Adopted by Newport Beach City Council
July 26, 2016
East Ocean Front Comprehensive
Encroachment and Removal and
Replacement Program
BACKGROUND
Peninsula Point is one of Newport Beach's original residential neighborhoods with the tract
maps having been recorded in the early 1920s. Located at the eastern end of Balboa Peninsula,
the neighborhood borders the west side of the Newport Harbor jetty along the harbor
entrance. The neighborhood is primarily developed with single-family homes, and as indicated
in the aerial photograph,
homes border the harbor
area as well as the ocean
beach.
Although not developed with
any type of improvement,
the City owns a 15 -foot wide
right-of-way adjacent to the
ocean -facing properties from
1400 East Ocean Front to
Channel Road (at the
Wedge). Unpermitted
encroachments into the
City's right-of-way and onto
the public beach have existed for some time. In 2012, the California Coastal Commission issued
notices of violation to 15 property owners. These notices stated that the encroachments were
on public property and are inconsistent with policies of the Coastal Act and the City's Coastal
Land Use Plan, and therefore the development is required to be removed and the beach
restored for public use. A total of 58 properties were identified as potentially in violation.
PURPOSE
The intent of this program is to create a comprehensive solution to the notices of violation
issued by the Coastal Commission, and the program includes two components:
• An Encroachment Plan that allows limited improvements within the City's 15 -foot right-
of-way in conjunction with obtaining an encroachment permit and paying an annual fee,
to be used for other visitor -serving uses; and
• A Removal and Replacement Plan for the unpermitted development on the public beach
beyond the City's public right-of-way and on other tidelands areas.
The program provides a means for property owners along East Ocean Front and a portion of G
Street to encroach into the 15 -foot right-of-way at the rear (ocean -facing side) of their
properties. It does not permit encroachments beyond this 15 -foot right-of-way and onto the
public beach or other tidelands areas. Additionally the removal and replacement plan provides
a City -implemented and coordinated approach to removing the unpermitted beyond the 15 -
foot public right-of-way.
It is important to note that this comprehensive program will require review and approval by the
Coastal Commission prior to its implementation.
The Encroachment Plan
APPLICABILITY
The encroachment plan is available to property owners along East Ocean Front from
approximately G Street to Channel Road (see exhibits below). Property owners with existing
encroachments into the City's right-of-way will be required to participate in the program or
remove the unpermitted development in the right -of way. Property owners who do not have
any improvements in the City's right-of-way would have no need to participate in the program.
1400 - 1580 East Ocean Front
'°S p {
15 Foot nsm of Way appp•,,y-"n p,
Y aT R
.1700 - 2060 East Ocean Front
+ r �
�k
15foot Rl9htol WaY
2100 - 2172 East Ocean Front 2
R k ry h m m a 229A
r ry
ry +ry ry ry� ry „ OCFFN emwN i
h
Apwox ,
C
pN
I eRencY olA��p Aw r"t Nf
15 Fool Right of Way __
ALLOWED IMPROVEMENTS
The allowed improvements in the City's 15 -foot right-of-
way are limited pursuant to the City's Coastal Land Use
Plan which indicates the restrictions on the types of
improvement allowed:
• Any structural, electrical, plumbing or other
improvements that require issuance of a building
permit are prohibited.
• Pressurized irrigation lines and valves are
prohibited.
• Any object that exceeds 36 inches in height, with
the exception of landscaping, is prohibited.
• Any encroachments that impact public access,
recreation, views and/or coastal resources are
prohibited.
• Landscaping must be designed and maintained to avoid impacts to public access and
views.
Landscaping in dune habitat areas is restricted to native vegetation.
Example of a West Newport Encroachment
West Newport Example
PERMIT PROCESS
So as an example, these standards may allow:
• Low fences, walls, and/or hedges
• Decorative plantings
• Play equipment that is 36 inches or under in height
• Patio slabs/decks
• Stepping stones/paths
City Council Policy L-12 details the process for obtaining an encroachment permit. An
encroachment permit application will be reviewed and acted upon by the Public Works
Department, and the application form shall be accompanied by a site plan, drawn to scale and
fully dimensioned, which accurately depicts the location, height, nature and extent of all
proposed improvements and objects within the encroachment area. Council Policy L-12 is
available on the City's website at www.newoortbeachca.eov.
FEES
The City Council will adopt a fee schedule for the encroachment plan by resolution. Fees shall
be set at fair market value, using one or more appraisals.
USE OF FEES
Coastal Land Use Policy 3.1.3-9 specifies that the fees collected through this encroachment plan
will serve as mitigation for any impact on beach access resulting from the encroachments. The
fees are to be used for construction and maintenance of improvements which directly benefit
the beach -going public. Improving accessibility to the West Newport/Balboa Peninsula through
transportation alternatives is one use for the fees.
New transportation alternative amenities could include, but are not limited to:
1. A free shuttle program for Balboa Peninsula. The City has received a grant from the
Orange County Transportation Authority and intends to have the program operating
in the summer of 2017. The encroachment fees could also serve as funding source
for the long-term operation of the shuttle service.
2. Improving the boardwalk transition at E Street to Ocean Boulevard.
3. Improving pedestrian and bicycle access in the McFadden Square area;
4. Providing additional parking on Balboa Peninsula. This could include increased
parking on the Peninsula, such as at the Palm Street lot, or at an off-site location
that is tied to the shuttle system
5. Improving the safety of the existing boardwalk for all types of users.
6. Improving ADA access to sandy beach areas.
Additionally, the fees could be used to increase lifeguarding hours and presence at the Balboa
Peninsula Point beaches, including the Wedge.
The City's expenditures of the encroachment fees for any of the improvements listed above
would be subject to appropriate public review and permits, including a coastal development
permit if required.
The Removal and Replacement Plan
The purpose of the plan is to remove the ornamental improvements and invasive vegetation in
stages over a three-year period, while encouraging existing native coastal strand vegetation and
introducing appropriate groundcover (such as dunes grasses versus non-native iceplant) in the
removal areas, so that large areas of sand are not made unstable at any time during the
process. The plan also includes a three-year maintenance and monitoring program. The plan is
contained in Attachment A.
Appendix A of the plan includes a cost estimate of approximately $250,000 for removing the
unpermitted development beyond the 15 -foot encroachment area and the three-year
monitoring effort. The Plan also provides the costs for each affected parcel which range from
less than $100 to over $5,000. To maintain a comprehensive and integrated approach, the City
will implement the Removal and Replacement Plan and recover all or a portion of the costs
from the appropriate adjacent property owners.
SUMMARY
This program provides a comprehensive approach that allows the residents of the East Ocean
Front area limited use of the City's 15 -foot right-of-way that is similar to what is currently
allowed in West Newport, while also providing a comprehensive plan for the City to remove the
unpermitted development on the public beach and then install appropriate native plantings
that will stabilize the sand area. The City will use the encroachment fees collected through this
plan to further enhance public access to the Balboa Peninsula and West Newport ocean
beaches.
ATTACHMENT
Attachment A— Encroachment Removal and Replacement Plan
ATTACHMENT A
Encroachment Removal and Replacement Plan
ENCROACHMENT REMOVAL AND REPLACEMENT PLAN
PENINSULA POINT
CITY OF NEWPORT BEACH
ORANGE COUNTY, CALIFORNIA
November 18, 2013
Prepared for:
City of Newport Beach
Contact: Brenda Wisneski
100 Civic Center Drive
Newport Beach, California 92660
Telephone: (949) 644-3297
Prepared by:
Glenn Lukos Associates, Inc.
Contact: Sheri Asgari
29 Orchard, Lake Forest, CA 92630-8300
Telephone: (949) 837-0404
TABLE OF CONTENTS
Page
I. EXECUTIVE SUMMARY ......................... ------------------ ------------------ I
II. PROJECT DESCRIPTION
A.
Responsible Parties....................................................................................................
3
B.
Project Location.........................................................................................................
3
C.
Summary of Encroachments......................................................................................
3
D.
Local Coastal Program/Land Use Plan......................................................................
4
E.
Existing Native Plant Communities...........................................................................
5
F.
Special -Status Wildlife Species.................................................................................
6
III.
PROJECT GOALS
A.
Project Goals..............................................................................................................
6
B.
Schedule of Work......................................................................................................
6
C.
Responsible Parties....................................................................................................
7
D.
Biological Monitoring................................................................................................
8
E.
Contractor Education.................................................................................................
8
F.
Cost Estimate.............................................................................................................
9
IV.
WORK PLAN DURING ENCROACHMENT REMOVAL [PHASE 11
A.
Responsible Parties....................................................................................................
9
B.
Survey/Staking...........................................................................................................
9
C.
Baseline Data Collection............................................................................................
10
D.
Removal of Encroachments.......................................................................................
10
E.
Erosion Control.........................................................................................................
1 1
F.
Native Seed................................................................................................................
11
V.
WORK PLAN DURING THREE-YEAR MAINTENANCE [PHASE 2]
A.
Responsible Parties....................................................................................................
12
B.
Non -Native Vegetation Suppression..........................................................................
12
C.
Native Plant Establishment........................................................................................
13
D.
Trash Removal...........................................................................................................
14
E.
Maintenance Schedule...............................................................................................
14
VI. MONITORING PLAN
A. Performance Standards.............................................................................................. 15
B. Monitoring Methods.................................................................................................. 15
C. Monitoring Schedule.................................................................................................. 17
D. Annual Monitoring Reports....................................................................................... 17
i
TABLES
1. Cost Estimate............................................................................................................. 9
2. Coastal Strand Seed Mix............................................................................................. 12
3. Coastal Strand Supplemental seed Mix..................................................................... 13
4. Maintenance Schedule............................................................................................... 14
5. Monitoring and Reporting Schedule.......................................................................... 17
EXHIBITS
1. Regional Map
2. Vicinity Map
3. Encroachment Area Map
4. Encroachment Photograph Exhibit
5. Snowy Plover Critical Habitat Map
APPENDICES
A. Encroachment Type and Recommended Maintenance by Property
B. Recommended Phasing Plan for Removals and Maintenance
ii
PENINSULA POINT
ENCROACHMENT REMOVAL AND REPLACEMENT PLAN
CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA
I. EXECUTIVE SUMMARY
This proposed Encroachment Removal and Replacement Plan (Plan/Project) addresses private
improvements on an area of beach located along the southern (oceanfront) side of Balboa
Peninsula between F Street and Channel Road, also known as Peninsula Point, in the City of
Newport Beach (City), Orange County, California. Improvements consist of private landscaping
elements including irrigated lawns, shrubs, trees, and groundcovers that have expanded beyond
private property lines and onto City -owned public right-of-way and the public beach. The
improvements are varied in terms of type and extent, and in some cases have occurred over
several decades, and have been passed on through several owners to current owners. In some
cases, improvements may predate the current City Land Use Plan (LUP) and ordinances
governing permissible improvements oceanward.
A few properties have no improvements on the beach, while other properties have improvements
that extend up to 65-70 feet oceanward from the property lines. There is also variety in level of
maintenance currently being performed on the landscaping, ranging from minimal or no
maintenance leading to a "natural' appearance, to irrigated and mowed lawns, resembling well-
maintained yards. In several cases, native coastal strand vegetation is interspersed with the
ornamental vegetation, or beginning to establish in areas of less profuse ornamental vegetation.
In addition to lawns and other ornamental landscape features, a significant component of the
vegetation consists of hottentot fig "iceplant" (Carpobrotus edulis), an invasive exotic species
that has historically been planted in coastal areas for erosion control purposes and currently
occurs throughout areas of coastal strand, including areas outside of the encroachment zones
above the high tide mark. Local residents are concerned that removal of the iceplant would
jeopardize their property since unvegetated sand is highly vulnerable to movement and erosion
from natural processes such as wind and flooding during high tides and storm events.
To date, fifteen property owners have received Notices of Violation (NOV) from the California
Coastal Commission (CCC) alleging unpermitted development under the Coastal Act. The NOV
letters highlight that in addition to violation of the Coastal Act, the private encroachments are
inconsistent with the City of Newport Beach LUP and thus the encroachments must be removed
and the beach restored for public use.
To resolve the encroachment issue raised by private encroachments, the Cit} is considering a
program consisting of:
The establishment of a permitted 15 -foot encroachment zone from the back of the
property lines oceanward consistent with the existing public right-of-way, in which the
existing improvements would remain intact provided they satisfy the specified criteria:
and
2. The removal of encroachments beyond the 15 -foot encroachment zone oceanward to
restore the area to sandy beach with vegetation appropriate for the coastal strand and use
of the beach by the public.
This Plan focuses on Part 2 of the program, outlining a strategy to perform the encroachment
removals beyond the proposed 15 -foot encroachment zone in a phased manner, removing
ornamental improvements and invasive vegetation in stages over a three-year period, while
encouraging existing native coastal strand vegetation and introducing appropriate native
groundcover in removal areas, such that large areas of sand are not left completely devoid of
vegetation and unstable at any time during the process. This Plan also entails a three-year
maintenance and monitoring program.
II. PROJECT DESCRIPTION
A. Responsible Parties
City of Newport Beach
Contact: Brenda Wisneski
100 Civic Center Drive
Newport Beach, California 92660
Telephone: (949) 644-3297
B. Project Location
This proposed Encroachment Removal and Replacement Plan ( Plan) addresses unpermitted
improvements on an area of beach located along the southern (oceanfront) side of Balboa
Peninsula between F Street and Channel Road, also known as Peninsula Point, in the City of
Newport Beach, Orange County, California [Exhibit I]. The areas addressed within this Plan
consist of 68 properties located between F Street (latitude 33.59836, longitude -117.892115) and
Channel Road (latitude 33.595346, longitude -117.882098) [Exhibit 2].
C. Summary of Encroachments
Existing improvements include landscape improvements by private property owners on sandy
beach areas owned by the City and within the jurisdiction of the California Coastal Commission
(CCC). Improvements include ornamental shrubs, trees, and groundcovers, lawns, irrigation
valves and components, stepping stones and walking paths, patio furniture, and other similar
decorative landscape elements ranging from a few feet from the property line to 65-70 feet
oceanward. These encroachments have developed over several decades, in some cases by
previous property owners, and some may predate the current City Land Use Plan (LUP) and
ordinances governing permissible improvements oceanward.
At least 11 properties have no encroachments, while several properties have extensive
encroachments that extend up to 65-70 feet oceanward from the property lines. There is a
variety in the level of maintenance currently being performed on the landscaping, ranging from
minimal or no maintenance leading to a "natural" appearance, to irrigated and mowed lawns,
resembling well-maintained yards. In several cases, native coastal strand vegetation is
interspersed with the ornamental vegetation, or beginning to establish in areas of less profuse
ornamental vegetation. In addition to lawns and other ornamental landscape features, a
significant component of the encroachments consists of hottentot fig "iceplant" (Carpobrotus
edulis), an invasive exotic species that has historically been planted in coastal areas for erosion
control purposes and currently occurs throughout areas of coastal strand, including areas outside
of the encroachment zones above the high tide mark. Appendix A provides a measurement of
encroachments by type at each property between F Street and Channel Road. Exhibit 3 provides
a map of encroachments by type, and Exhibit 4 provided photographs of encroachments.
Local residents are concerned that removal of the iceplant would jeopardize their property since
unvegetated sand is highly vulnerable to movement and erosion from natural processes such as
wind and flooding during high tides and storm events. Several property owners have voiced
strong apprehensions about removing the existing iceplant groundcover to the City due to
concerns regarding erosion and sand movement.
To date, fifteen property owners have received Notices of Violation (NOV) from the California
Coastal Commission alleging unpermitted development under the Coastal Act.
D. Existing Local Coastal Program/Land Use Plan
The City proposes to resolve the encroachments issue through a program consisting of:
The establishment of a permitted 15 -foot encroachment zone from the rear of the
property lines oceanward within the existing public right-of-way, in which the present
improvements would remain intact if they satisfy the criteria of the encroachment
program; and
2. The removal of encroachments beyond the 15 -foot encroachment zone oceanward to
reinstate the area to sandy beach with vegetation appropriate for the coastal strand, and
facilitate use of the beach by the public.
The existing Oceanfront Encroachment Policy (Amendment No. 23), which was approved by the
CCC on June 11, 1991, established a policy and mitigation program to address private
improvements within the oceanfront public right-of-way within the City of Newport Beach. The
City Council finalized this policy with the adoption of Resolution No. 91-80 (Resolution) on July
11, 1991. Under the Resolution, four oceanfront encroachment zones were established between
the outlet of the Santa Ana River (at the western terminus) and Channel Road (at the eastern
terminus), with a disparate range of permissible encroachments along the oceanfront.
Specifically, the Resolution permits a 15 -foot encroachment zone along the western section of
oceanfront in West Newport between the Santa Ana River and 52nd Street, while no
encroachment zone is identified between E Street and Channel Road at Peninsula Point.
The City is considering resolving the discrepancy through the establishment of a 15 -foot
encroachment zone from the rear of property lines oceanward between E Street and Channel
Road, consistent with allowable encroachment in the zone from the Santa Ana River to 52nd
Street. The City would include the establishment of an encroachment permit and annual fee
program administered by the City for the 15 -foot encroachment zone, allowing certain private
improvements subject to issuance of annual encroachments permits
E. Existing Native Plant Communities
Coastal Strand/Coastal Beach
See, Coastal Land Use Plan Section 3.1.3-3 limiting the maximum oceanward extent of encroachments.
Munz.Philip A. (2003). Introduction to Shore Wildflowers of California. Oregon, and Washington (p.13-14).
The existing native plant community on the Balboa Peninsula in the vicinity of the encroachment
areas consists of Coastal Strand, a plant community that is found along the Pacific Coast in loose
sand just above the high tide line and before soil -based scrub plant communities occur. In
southern California, this plant community is the most adjacent to public beach use and provides
important functions in terms of protection from sand erosion and providing scenic and visual
qualities. Due to its position in areas of high recreational use, this plant community is often
disturbed.
The coastal strand is characterized by low plant density (often less than 20 -percent cover by
vegetation) and low species diversity, as few species can withstand the harsh conditions
characteristic of this environment including wind, sand and salt spray, low soil nutrients, lack of
soil moisture retention, high summer temperatures, and human disturbance. Typical coastal strand
plants are perennial, have gray or succulent leaves (or both), have prostrate or creeping growth
patterns, and often produce roots along their length, reproducing both vegetatively and through
seed dispersal. Plants typically have a long flowering season.
These characteristics enable plants in the coastal strand plant community to withstand the unstable
sandy substrate, strong winds, poor water retention, and high summer surface temperatures.
Common species include pink sand verbena (Abronia umbellate), beach primrose
(Cammisoniopsis cheiranthifolia), beach morning glory (Calystegia soldanella), sand bur
(Ambrosia chamissonis), and saltgrass (Distichlis spicata).
F. Special -Status Wildlife Species
Western Snowy Plover (Charadrius alexandrines nivosus)
The western snowy plover is a small shorebird listed as federally threatened (FT) and a State of
California species of special concern (SSP). This species uses sandy or gravelly beaches in
peninsulas, offshore islands, bays, and estuaries of the Pacific Coast for nesting/wintering
habitat. The breeding season for this species is March through September. Plover nests are
simple depressions in the sand and may be next to kelp, shells, driftwood and rocks 3.
A 25 -acre unit of critical habitat for the western snowy plover was designated by the United
States Fish and Wildlife Service (USFWS) in June 2012 [referenced in the Federal Register4 as
CA 481 is immediately adjacent to the encroachment areas, generally bounded by A Street and G
Street [Exhibit 5]. This unit was occupied at the time of listing, and supported two breeding
adult western snowy plovers in 2009 (P. Knapp, pers. comm. 2010) and three breeding adults in
2010(T. Ryan, in litt. 2010). It also supported an average wintering flock of 35 western snowy
plovers from 2003 through 2010 (Service unpublished data).
This unit of critical habitat is currently being managed by the City's Marine Protection Division
of the Department of Recreation through a community-based restoration program, which has been
s http://wNvw.fws.gov'reftige/willapa/wildlife_and_habitat/western_snowy_plover.html
Federal Register; Vol. 77, No. 118/Tuesday, June 19, 2012 / Rules and Regulations (p. 36771).
involved in beach restoration activities such as invasive species removal and monitoring of plover
population.
III. PROJECT GOALS
A. Project Goals
This Plan outlines the following goals:
1) To remove the unauthorized encroachments oceanward beyond a 15 -foot encroachment
zone to be established by the City between E Street and Channel Road;
2) Provide for a program which gradually replaces the invasive groundcovers with
appropriate native coastal strand vegetation and sandy beach; and
3) Provide for a public education and stewardship/volunteer program focused on coastal
habitat conservation.
B. Schedule of Work
Work is expected to occur in two phases. Specific details of activities for each property during
each phase are outlined in Appendix C:
Phase l:
The Initial Removal Phase is expected to occur in December 2013.
Work will consist mainly of removal of ornamental landscaping components (lawns,
trees, shrubs, and hardscape) as detailed in Appendix C, except iceplant, which will be
left to provide interim erosion control until adequate coverage by native groundcover
species is achieved. Initial removals may be performed through a variety of physical
removal methods including use of heavy equipment such as front loader/excavator,
manual/mechanical removal, and limited use of chemicals for species that cannot be
otherwise controlled.
• Installation of jute -netting or other stabilizing fabric or binder (where necessary), to
inhibit sand movement.
• Application of native seed for ground cover in encroachment areas.
Phase 2:
The second phase of work consists of the three-year maintenance period and will begin in
January 2014 and end December 2016.
Follow-up invasive species removals may consist of manual, mechanical, and or
chemical removal of regrowth of any ornamental vegetation and thinning/reduction of
iceplant.
• Each fall during the three-year maintenance period, a supplemental native seed mix will
be applied to the encroachment removal areas to continually expand coverage by native
coastal strand species, as coverage by iceplant is reduced.
Nesting Birds
Project related activities including initial removal of improvements and follow-up invasive non-
native species removal will be scheduled to occur outside the western snowy plover breeding
season which occurs between March and September. Initial removal of improvements will begin
in December 2013, with follow-up phased removals of invasive species to occur between
October and February of each year of the three-year maintenance period (2014-2016).
Contracting Requirements
1. Retain Project Biologist.
2. Contract with S&S Seed Company to collect local seed material from the Project or
within coastal Orange County.
3. Contract with a qualified Landscape Contractor with a minimum of five years of
experience in habitat restoration projects in southern California.
C. Responsible Parties
The City will be responsible for the implementation of this Plan, including establishing a 15 -foot
encroachment zone and adopting a permit and fee program to implement this Plan.
Applicant: City of Newport Beach
Contact: Brenda Wisneski
City Of Newport Beach Planning Division
100 Civic Center Drive
Newport Beach, California 92660
Telephone: (949) 644-2397
Resource Specialist: Glenn Lukos Associates, Inc.
Contact: Sheri Asgari
29 Orchard
Lake Forest, California 92630-8300
Telephone: (949) 837-0404
D. Biological Monitoring
Glenn Lukos Associates has extensive experience designing revegetation projects in southern
California, including projects within the coastal zone. This experience provides a strong basis
for confidence in the success of the program proposed herein, as well as a valuable resource in
the field for ensuring that any necessary changes are implemented should unanticipated site
conditions warrant in -field changes to the Plan. A qualified Resource Specialist will supervise
the implementation and maintenance of the Project, and perform the proposed three-year
monitoring of the restored encroachment areas.
The Resource Specialist will be on-site to monitor the removal of the encroachments and
supervise the phased removal of invasive groundcovers that is anticipated to occur over the
three-year maintenance period. The Resource Specialist will also perform ongoing contractor
training during the course of the removals as the vegetative components vary among the
encroachment areas, and aesthetic considerations will need to be incorporated into the removal
program.
E. Contractor Education
Prior to the commencement of Project related activities, the Resource Specialist will review all
aspects of the Encroachment Removal and Replacement Plan with the Landscape Contractor,
hereinafter referred to as the Contractor, to ensure consistency with the Plan.
A contractor education handbook will be prepared by the Resource Specialist to familiarize
Contractor personnel with the native coastal strand plant community within and adjacent to the
Encroachment Areas and provide them with field copies of a plant identification guide depicting
native species to be protected during the removal of unauthorized landscape/improvements.
Follow-up treatment of invasive non-native species during the three-year maintenance program
shall be performed by a qualified landscape contractor with a minimum of five years of
experience in habitat restoration projects. The Contractor, will be required to demonstrate
experience in this field to the Resource Specialist prior to contracting with the Applicant. The
Maintenance Contractor also shall possess C27 and Pest Control Advisor (PCA) licenses for
herbicide treatment of the invasive non-native species.
F. Cost Estimate
The approximate cost for implementation of the Plan is provided in Table 1 below.
Task
Cost
Phase 1 -Initial Removals
$ 119,800
Grow and Kill 2 Cycles)
$ 12,500
Seeding
$ 6,300
Erosion Control
$ 14,000
Three -Year Maintenance
$ 52,348
Three -Year Monitoring
$ 44,500
IV. WORK PLAN DURING ENCROACHMENT REMOVAL [PHASE 11
A. Responsible Parties
The City will be responsible for carrying out the encroachment removal activities.
Applicant: City of Newport Beach
Contact: Brenda Wisneski
100 Civic Center Drive
Newport Beach, California 92660
Telephone: (949) 644-3297
Resource Specialist: Glenn Lukos Associates, Inc.
Contact: Sheri Asgari
29 Orchard
Lake Forest, California 92630-8300
Telephone: (949) 837-0404
B. Survey/Staking
The City will survey/stake the limits of the proposed 15 -foot encroachment zone prior to start of
work by the Contractor to clearly delineate the removal areas. If a large shrub is partially inside
the encroachment zone, but overhangs outside the encroachment zone oceanward, it will be
removed. Survey stakes will be spaced no more than 25 feet apart.
C. Baseline Data Collection
Prior to the initiation of the Removals, a linear transect approximately 100 -feet oceanward of the
proposed 15 -ft encroachment zone demarcation will be established between F Street and Channel
Street using an aerial photograph and Geographic Positioning System (GPS) to establish baseline
conditions of vegetative coverage and sandy beach. The Resource Specialist will take 50
random vegetation samples using one -meter quadrats along the length of the Baseline Transect to
establish existing vegetative cover within the coastal strand outside of the encroachment areas.
Coverage data of baseline conditions will be used to set the performance standard for the Project
areas, and used as comparison to gauge the effectiveness of the proposed phased removal and
replacement strategy.
Placement of quadrats shall be determined using random numbers tables to provide one
coordinate that indicates the distance along a longitudinal centerline bisecting the polygon and
another coordinate that determines the distance from the centerline. Quadrats shall be placed on
alternating sides of the centerline and perpendicular to the centerline. Vegetative cover shall be
visually estimated within the quadrat for each species present and recorded on a data sheet. Any
species observed around sampling points that do not fall within quadrats shall be recorded and
included in the list of species for the reference area.
D. Removal of Encroachments
Removal of encroachments oceanward of the proposed 15 -foot encroachment zone shall begin in
December 2013. A complete list of encroachment types and recommended actions per property
is attached as Appendix C.
Hardscape and Irrigation
Any hardscape elements such as stepping stones will be removed and disposed of offsite, in an
appropriate landfill. Irrigation lines will be capped at the proposed 15 -foot encroachment limit
and visible components will be removed. Buried irrigation lines not immediately visible or made
visible during the landscape removal activity will remain buried.
Ornamental Vegetation
The initial removal of ornamental vegetation during Phase I will be performed using a
combination of removal methods including use of heavy equipment such as a front loader or
excavator, manual or mechanical removal, and limited use of herbicides for species that cannot
be otherwise controlled.
Lawns
Irrigated grass lawns are one of the main components of encroachment. Lawns may be treated
with herbicide prior to removal to achieve initial "kill" prior to hauling away.
Hottentot Fig (iceplant)
While this species comprises a large portion of the encroachments, it will not be removed during
the initial Phase I removals. In instances where the iceplant is very thick due to irrigation, spot
treatment using herbicide may be recommended by the Resource Ecologist to reduce the mass.
However, no biomass will be removed, as dead iceplant serves to protect from erosion.
Ornamental Shrubs and Groundcover
Removal of ornamental shrubs and groundcover will be performed using a combination of
removal methods including use of heavy equipment such as a front loader/excavator,
manual/mechanical removal, and limited use of herbicide for species such as Bermuda grass and
English Ivy that cannot be otherwise controlled.
Trees
Very few ornamental trees exist outside the proposed 15 -foot encroachment zone within the
removal areas. Trees may be removed using the cut/stump treatment, a method that involves the
cutting of the trunk at ground level and painting the stump with herbicide. Follow-up treatment
in the next fall would consist of herbicide treatment of any new growth. This method would be
repeated as necessary each year during the three-year maintenance and monitoring period.
Mixed Ornamental Shrubs and Groundcovers and Native Species
In areas where ornamental shrubs/groundcovers or invasive species are intermixed with native
coastal strand vegetation, the ornamental and invasive species will be removed manually around
the native plants in order to allow for the expansion of the native species without competition. In
some cases, the invasive species (i.e. iceplant) may be spot sprayed with herbicide and left in
place to function as interim groundcover while the native species expand coverage.
E. Erosion Control
In areas where large sections of lawn or ornamental vegetation (other than iceplant) are to be
removed, temporary erosion control may be necessary to prevent excessive sand movement
following the removals. Erosion control may be achieved through the installation of jute netting
or similar natural fabric.
F. Native Seed
It is expected that in time the encroachment areas will begin to reestablish with coastal strand
native vegetation through natural recruitment following the removal of the ornamental
landscaping. A slow transition from the invasive iceplant groundcover is proposed through
gradual thinning of the iceplant during the three-year maintenance period, leaving the decomposing
biomass as groundcovers, while promoting the growth of native species such as sand verbena,
beach primrose, and beach morning glory.
To aid the natural recruitment process, a native seed mix will be applied to removal areas to initiate
the growth of native groundcovers. The native seed will be collected from sources within coastal
Orange County, to the extent possible. Table 2 below provides a list of species and application rate
to be applied immediately following the encroachment removals in December 2013.
TABLE 2
COASTAL STRAND SEED MIX
Species
Common Name
Stock
Type
Lbs./Acre
Abr•onia umbellata
pink sand verbena
Seed
6
Ambrosia chandssonis
Sand bur
Seed
2
Atri ler leuco A •Ila
beach saltbush
Seed
4
Cammisonio sis cheiranthifolia
beach evening primrose
Seed
6
Total
The seed mix will be broadcast by hand and will be scattered in the encroachment removal areas.
To maximize the germination of seed, broadcast will occur following a rain event of at least f-
inch.
V. WORK PLAN DURING THREE-YEAR MAINTENANCE [PHASE 21
A. Responsible Parties
The City will be responsible for carrying out maintenance activities.
s This method has been successful in restoration efforts in the adjacent western snowy plover critical habitat, in
eradicating iceplant while increasing native coastal strand vegetation. Personal conversation with Michelle
Clemente (City of Newport Beach) on July 18. 2013.
B. Non -Native Vegetation Suppression
Following initial encroachment removals during Phase 1, it is probable that a variety of
opportunistic annual and perennial non-native species such as red brome (Bromus madritensis
ssp. rubens), sea rocket (Cakile maritima), Bermuda grass, and English ivy may proliferate
within encroachment removal areas. The follow-up maintenance phase (Phase 2) will focus on
the suppression of these and other non-native species in the encroachment removal areas, as well
as any regrowth of the ornamental vegetation, while promoting the recruitment of native coastal
strand species.
Due to the concern about sand erosion, non-native grass species shall be treated with herbicide
and left in place to decompose naturally, to the extent that they do not present a visual nuisance.
Large, conspicuous piles of dead biomass shall not be left on the beach.
The type and quantity of herbicide application will be determined by a California licensed Pest
Control Advisor (PCA) who will recommend types of herbicide to be used, rates of application,
and areas to which herbicides are to be applied. A licensed Pest Control Operator (PCO) may
work under the supervision of the PCA who will employ best management practices regarding
the timing, quantity, and type of herbicide for each species. The PCA will determine both
immediate and follow-up herbicide application for each species. All recommendations will be
submitted to the Resource Specialist for approval prior to treatment.
Hottentot Fig (iceplant)
While this species comprises a large portion of the encroachments, it will not be removed during
the initial Phase 1 removals. In instances where the iceplant is very thick due to irrigation, spot
treatment using herbicide may be recommended by the Resource Ecologist to reduce the mass.
However, biomass will not be removed, as dead iceplant serves to protect from erosion.
Mixed Ornamental Shrubs and Groundcovers and Native Species
In areas where ornamental shrubs/groundcovers or invasive species are intermixed with native
coastal strand vegetation, the ornamental and invasive species will be removed manually around
the native plants in order to allow for the expansion of the native species without competition.
English ivy
Any regrowth of this species may be treated by daubing with herbicide using a modified
spray/sponge tip. This method is expected to control this species after one or two treatments and
may not continue for the duration of the maintenance phase.
C. Native Plant Establishment
It is expected that in time the encroachment areas will begin to reestablish with coastal strand
native vegetation through natural recruitment following the removal of the ornamental
landscaping. A slow transition from the invasive iceplant groundcover is proposed through
gradual thinning of the iceplant, while promoting the expansion of the native species such as sand
verbena, beach primrose, and beach morning glory.
Seed Mix
To aid the natural recruitment process, a native seed mix will be applied to removal areas to initiate
the growth of native groundcovers. The native seed will be collected from sources within coastal
Orange County, to the extent possible.
Table 3 below provides a.list of species and application rate to be applied following a rain event
between October and December 2014.
TABLE 3
COASTAL STRAND SUPPLEMENTAL SEED MIX
Species
Common Name
Stock
Type
Lbs./Acre
Abronia umbellata
pink sand verbena
Seed
5
Ambrosia chamissonis
Sand bur
Seed
2
Atri lex leuco h lla
beach saltbush
Seed
2
Cammisonio sis cheiranthi olia
beach evening primrose
Seed
5
Total
Method of Application
The seed mix will be broadcast by hand and will be scattered mainly in the larger encroachment
removal areas.
Timing of Seed Application
To maximize the germination of seed, broadcast will occur following a rain event between
October and December of each of the three years during the maintenance period from 2014
through 2016.
D. Trash Removal
The Project areas shall be well-maintained in order to deter vandalism and dumping of trash.
Contractor shall, during routine quarterly maintenance, manually remove weeds, liter, and trash
from the Project areas and dispose of off-site as permitted by law. Driftwood and other natural
vegetative debris shall be left in place to prevent sand erosion.
E. Maintenance Schedule
The maintenance program will begin immediately following initial removals in December 2014
and will occur on a quarterly basis through the duration of the three-year monitoring.
Maintenance events that occur during the western snowy plover breeding season (March through
September) will be preceded by a nesting bird survey by the Resource Specialist to ensure that no
nesting birds are disturbed as a result of the maintenance activities.
Table 4 below provides a recommended maintenance schedule.
TABLE4
MAINTENANCE SCHEDULE
Maintenance
Event
Maintenance Activity
Year 1
JAN 2014
Remove regrowth of ornamentals/perform thinning of hottentot fig/remove
trash
APR 2014
Remove regrowth of ornamentals/ erfotm thinning of hottentot fig/remove
remove trash
JUL 2014
Remove regrowth of ornamentals/perform thinning of hottentot fig/remove
trash
OCT -DEC 2014
Hand -seed with native coastal strand species/remove trash
Year 2
JAN 2015
Remove regrowth of ornamentals/perform thinning of hottentot fig/remove
remove trash
APR 2015
Remove regrowth of ornamentals/perform thinning of hottentot fi
remove trash
JUL 2015
Remove regrowth of ornamentals/perforin thinning of hottentot fig/remove
remove trash
OCT -DEC 2015
Hand -seed with native coastal strandspecies/remove trash
Year 3
JAN 2016
Remove regrowth of ornamentals/perform thinning of hottentot fig/remove
remove trash
APR 2016
Remove regrowth of ornamentals/perform thinning of hottentot fig/remove
remove trash
JUL 2016
Remove regrowth of omamentals/ erform thinning of hottentot fig/remove
remove trash
OCT -DEC 2016
Hand -seed with native coastal strandspecies/remove trash
VI. MONITORING PLAN
A. Performance Standards
The coastal strand is characterized by low plant density (often less than 20 -percent cover by
vegetation) and low species diversity, as few species can withstand the harsh conditions
characteristic of this environment.
To assess performance, the pre -Project baseline data will be used as the success standard for
comparison during the three-year maintenance and monitoring period, and the Project will be
considered successful upon the control of invasive non-native species to 5 -percent deviation of
the baseline vegetative cover in the reference area.
At the end of each of the three years of monitoring, the Resource Specialist will calculate the
percent coverage of native vegetation, sandy beach, and invasive non-native species.
Native Plant Recruitment
Evidence of native plant recruitment from year to year is an indicator of the successful revegetation
of the encroachment areas. Noted recruitment would be considered a success criterion.
B. Monitoring Methods
For the duration of the three-year monitoring period, establishment of the plantings will be
measured through a series of qualitative and quantitative measurements assessing native species
cover, non-native species cover, and unvegetated sandy beach. Monitoring will be performed by a
qualified Resource Specialist/Ecologist, and continuity within the personnel and methodology of
monitoring shall be maintained insofar as possible to ensure comparable assessments.
Qualitative Monitoring
The Resource Specialist will conduct qualitative monitoring surveys on a quarterly basis during the
three-year monitoring period. Qualitative surveys will consist of walking the length of the
encroachment area between F Street and Channel and documenting general observations, such as
regrowth of ornamental vegetation, natural recruitment of native coastal strand species,
trash/debris, signs of disturbance, and weed establishment. Records will be kept of signs of
erosion, predator bird species such as crows, and weed infestation. The Resource Specialist will
determine remedial measures to be undertaken to ensure successful implementation of the Plan.
All remedial measures undertaken will be referenced in an annual monitoring report submitted to
the CCC.
Reference Site
The location of areas used for baseline data collection, as described in Section IV -C of this Plan,
will be used as the reference site to determine the success of the Project. A linear transect
established approximately 100 -feet oceanward of the 15-11 encroachment zone demarcation
between F Street and Channel Street will provide baseline conditions of vegetative coverage and
sandy beach. Placement of quadrats shall be determined using random numbers tables to provide
one coordinate that indicates the distance along a longitudinal centerline bisecting the polygon
and another coordinate that determines the distance from the centerline. Quadrats shall be placed
on alternating sides of the centerline and perpendicular to the centerline. Vegetative cover shall
be visually estimated within the quadrat for each species present and recorded on a data sheet.
Any species observed around sampling points that do not fall within quadrats shall be recorded
and included in the list of species for the reference and removal sites. Data from quadrats
measured within the encroachment removal areas will be compared to the baseline data
established prior to the initiation of Project activities.
Additional data will be taken at the reference site each year during the annual monitoring event.
The Resource Specialist will take 50 random samples using one -meter quadrats along the length
of the Baseline Transect to measure conditions within the coastal strand outside of the
encroachment areas. Data collected will be used to set performance standards and measure the
effectiveness of the phased removal and replacement strategy.
Quantitative Monitoring
The encroachment removal areas shall be sampled using one -meter quadrats placed randomly
throughout the removal areas. A total of 50 quadrats will be used to measure vegetative
coverage within the encroachment removal areas. Placement of quadrats shall be determined
using random numbers tables to provide one coordinate that indicates the distance along a
longitudinal centerline bisecting the polygon and another coordinate that determines the distance
from the centerline. Quadrats shall be placed on alternating sides of the centerline and
perpendicular to the centerline. Vegetative cover shall be visually estimated within the quadrat
for each species present and recorded on a data sheet. Any species observed around sampling
points that do not fall within quadrats shall be recorded and included in the list of species for the
reference and encroachment removal sites.
Statistical Analysis Comparing Vegetative Cover of the Reference and Removal Sites
A statistical analysis comparing vegetative cover within the reference and removal sites will be
performed following each annual monitoring survey and included in the annual monitoring report.
The vegetative cover of herbaceous species and unvegetated sandy beach at the encroachment
removal and reference sites will be compared with an appropriate statistical test. The vegetative
cover of herbaceous species will be considered similar if there is no statistical difference (p > 0.10)
in the average cover of each dominant species between the two sites; or if there is a statistically
significant difference, it indicates that the encroachment removal areas exhibit a higher cover by
native species, while coverage by non-native species (i.e. houentot fig) is no greater than 10 -
percent of the overall cover.
Photo -Documentation
Permanent stations for photo -documentation will be established before the initiation of the Project
as a part of baseline data collection and recorded using GPS. Photos shall be taken during each
quantitative monitoring event from the same vantage point and in the same direction each year, and
shall reflect material discussed in the annual monitoring report.
C. Monitoring Schedule
The monitoring program will begin immediately following initial removals and will occur on a
quarterly basis through the duration of the three-year monitoring period. Monitoring events that
occur during the western snowy plover breeding season (March through September) will be
coordinated such that they occur within three days before a scheduled maintenance event to check
for nesting bird to ensure that no nesting birds are disturbed as a result of the maintenance
activities.
Table 5 below provides a recommended Monitoring and Reporting schedule.
TABLE 5
MONITORING AND REPORTING SCHEDULE
Monitoring
Nesting
Monitoring/Reporting Activity
Bird
Event
Survey
Year 1
JAN 2014
Winter season qualitative monitoring and follow-up report to the Citv
APR 2014
Spring season qualitative monitoring and follow-up report to the Cit
✓
JUL 2014
Annual quantitative monitoring using 1 -meter quadrats
✓
OCT 2014
Fall season qualitative monitoring and follow-up report to the City
DEC 2014
Submit Annual Monitoring Report to the City and CCC by December 3 P`
Year 2
JAN 2015
Winter season qualitative monitoring and follow-up report to the Cit
APR 2015
Spring season qualitative monitoring and follow-up report to the City✓
JUL 2015
Annual quantitative monitoring using 1 -meter quadrats
✓
OCT 2015
Fall season qualitative monitoring and follow-up report to the Cit
DEC 2015
Submit Annual Monitoring Report to the City and CCC by December 31st
Year 3
JAN 2016
Winter season qualitative monitoring and follow-up report to the City
APR 2016
Spring season qualitative monitoring and follow-up report to the City
✓
JUL 2016
Annual quantitative monitoring using 1 -meter quadrats
✓
OCT 2016
Fall season qualitative monitoring and follow-up report to the City
DEC 2016
Submit Annual Monitoring Report to the City and CCC by December 31 st
D. 'annual Monitoring Reports
At the end of each of the three years of maintenance and monitoring, an annual report shall be
prepared by the City for submittal to the CCC. These reports will document the revegetation
progress of the work areas and summarize maintenance activities that occurred during each
respective year. At the end of the third monitoring year, the CCC will be notified in writing that
the monitoring period is complete. All annual monitoring reports shall include the following:
• a list of names, titles, and companies of all persons who prepared the content of the
annual report and participated in monitoring activities for that year;
• a vicinity map indicating location of the encroachment removal sites;
• a site plan identifying GPS points or polygons for significant natural recruitment of
native coastal strand species, invasive non-native species removal areas, photo
station locations, etc.;
• a description of the status native plant communities, and percent cover by non-
native species in the Project areas;
• an analysis of monitoring results; and
• copies of all monitoring photographs.
Distribution Page of all Persons Receiving a Copy of the Encroachment Removal and
Replacement Plan and Annual Monitoring Reports
Mr. Andrew Willis
California Coastal Commission
200 Oceangate
Suite 1000
Long Beach, California 90802-4302
Ms. Brenda Wisneski
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Ms. Leonie Mulvilhill
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Mr. Dave Kiff
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Ms. Michelle Clemente
City of Newport Beach
100 Civic Center Drive, E Bay
Newport Beach CA 92660
t�
�r U
qc O
O vl •lip pB, O
FV 9U
LL' IO a 00 c rp
a«
• G Y
�JG
' w
D Q `�
n �• 1 V�
L.
�
G Q.
A O � Anld'iO
SUP
Qr J C
o R - Rua
9
f
O vl •lip pB, O
c y
LL' IO a 00 c rp
pppc
�JG
' w
L.
• 49P 9
a99 1.r
SUP
� D J
q
c
i
3
c� a
W 6J
i
i
OI,/1 YMOI-)
z
z
z
r
L
X
LU
u1
Source: ESRI World Street Map
0 2 4 8
ZQ
Miles
t Y 1
.iY r� ',✓r
6 00
F W/
Y
.0 Q
C H A J:
L + U
�y; L
t
yr o
W
D
Q
L
X
U
O
w
2
U)
CIO
L
O
\
➢.
a
U
(n
V!
O
Y
D
J
O
W
/Jn
V
^
0J
INN
w
n
2 arc to
eGta
g
1
m
L + U
�y; L
yr o
W
D
Q
L
X
U
O
w
G
l�
U)
CIO
L
O
\
➢.
a
U
(n
V!
O
Y
D
J
W
/Jn
V
Adapted from USGS Newport Beach OE S, CA quadrangle
Z 0 1,000 2,000 4,000
Feet
Ilk
® U
a
��
¢
�i
Ow
N
pJ
C
U
-p
C
\
�w
az
m
P
O
0
O
0
a
n
z
00
O
O
m
L d
JN
N
o.
n
0
-No
`m
E E
E E
o
2
0
0
m
F
Ilk
® U
a
��
¢
�i
Ow
wa
\
�w
az
•
>y�
z
N
W
a
loads
rl
4
Ne
9992-
>"I
s
`
91
:r
2
U
a
N
a
x
O
JI
h112� \
d
• 12
Z•
�Jp
9992-
>"I
s
`
:r
6 a6ed — q }Iglyx3
S31VIDOSSV so>inl NN310
sqdeJBOIOqd IUGWqDBOJOU3
NVld 1N3W3Otl1d321 (INV IVAOW311
1N3WHOVOMON31N1Od vinSNIN3d
Z 06ed — 4 l!q!4x3
S31VIDOSSV SOAM NN319
E abed — b 3!q!gx3
S31VIOOSSV SOAM NNTO
C
71
w
AR
C
c
w
6
B
C
w
E
w
c
0
3
0
E
w
0
L
d
a
w
w
L
sqdeiboloqd juawLjoeojou3
NVId 1N3W3OVld3N ONV IVAOW3M
1N3WHOV02ION31NIOd VIf1SNIN3d
11
q 06ed — V 1!q!4x3
siivjoossv so>inl NN319
O
w
h
g abed - h l!q!gx3
S31d190SSd soAm NN319
ITAIM -.
NVId 1N3W33VId3N ONV IVAOW32I
1N3WH3VONON3 1NIOd v-lnSNIN3d
g abed — 4 ;!Q!UX3
S31VIOOSS`d SO>ifll NN319
L 96ed — 41!Q!4X3
S31VIDOSSV SOAM NN319
ti
O
w
.-... E!
NVId1N3W3OVIdMJ(INV IVAOW3N
1N3WHOVONON31NIOd VIf1SNIN3d
g abed — b iggNX3
S31VIOOSSV SOAM NN310
r
►',Alt
c
3
J
6 a6ed — b 1!Q!4X3
S31VIOOSSV so)inl NN31S
sLidE1801OU9
NVId 1N3W3OVld3H ONV IVAOW3N
1N3WHOVONON31NIOd VIf1SNIN3d
OL 96ed—71!q!4x3
S3iviooSSb som NN319
T
i
i
6 6 a6ed — 7 i!Q!4x3
S31VI0OSSV SOAfll NN315
Z6 a6ed — b a!Q!4X3
S31VIOOSSV soNnI NN3I0
sLideJBOIOqd eO
NVId 1NM33VId3d ONV IVAOW911
1N3WHOVONON31NIOd VIfISNIN3d
C L abed — 4 l!Q!Wx3
S31VIDOSSV SOAM NN319
sqdBJ601OLId lu9wLlOEOJDu3
NVId 1N3MOVldMI (INV IVAOW3N
1N3WHOVOLION31NIOd Vlf1SNIN3d
14 abed — 4 3!Q!UX3
S31VIOOSSV soNnI NN31S
9 L abed — b 3!q!4X3
S31VIOOSS`d SOHnI NN319
L
R
a
Z
n
t�
a
c
R
x �{
C
pN�
R *I
C A
9� 96ed-43!Q!4X3
S31VIOOSSV soNnI NN319
LL a6ed — V l!q!4x3
S31VI00SS`d so>inl NN319
81 abed — b 1!q!gx3
SHVIDOSSV S0m NN319
6l 96ed — b 1!q!UX3
S31VIOOSSV SOAfll NN310
sqdei6oloqd luewqoeojou3
NV-ld 1N3W3OVld3N ONV -IVAOW3N
1N3WHOVONON31NIOd vinSNIN3d
0
0
0
O
N
N
0
APPENDIX A: Encroachment Type and Area per Property
EncroachmentRemoval, 3 -Year
Parcel/ Lot ID .• Area (Sqft) Area (Ac) Maintenance and Monitoring
Cost Per Parcel
F Street to G Street
1350 Ornamental Tree 714 0.016 $ 2,515.42
1354
Lawn 10
0.000 $ 34.07
1358
Lawn 496
0.011 $ 1,747.47
1400
No Encroachment 0
0.000 $ -
1412
No Encroachment 0
0.000 $
1500
Iceplant
764
0.018
$ 2,691.57
1504
Iceplant
480
0.011
$ 1,690.24
Lawn
583
0.013
$ 2,053.91
1510
Iceplant
525
0.012
$ 1,848.67
Lawn
454
0.010
$ 1,599.39
1514
Iceplant
226
0.005
$ 794.80
Ornamental Shrub/Groundcover
329
0.008
$ 1,160.57
1516
Ornamental Shrub/Groundcover
627
0.014
$ 2,208.33
1520
Iceplant
1965
0.045
$ 6,921.80
Ornamental Shrub/Groundcover
43
0.001
$ 152.33
1526
Lawn
305
0.007
$ 1,075.57
Iceplant
825
0.019
$ 2,905.77
1528
No Encroachment
0
0.000
$ -
1540
Iceplant
1891
0.043
$ 6,661.64
1550
Iceplant
137
0.003
$ 481.20
1554
No Encroachment
0
0.000
$ -
1of5
APPENDIX A: Encroachment Type and Area per Property
2 of 5
3 -Year
,
Cost Per Parcel
$ -
EncroachmentRemoval,
,•
1556
No Encroachment
0
0.000
1560
No Encroachment, few succulents
42
0.001
$ 149.19
1564
Native Groundcover, few succulents
473
0.011
$ 1,667.93
1570
No Encroachment
0
0.000
$ -
Iceplant
590
0.014
$ 2,078.22
1572
Lawn
299
0.007
$ 1,054.79
Iceplant
624
0.014
$ 2,199.06
1576
Lawn
190
0.004
$ 670.12
Iceplant
1036
0.024
$ 3,650.61
1580
Ornamental ShrublGroundcover
389
0.009
$ 1,370.54
1700
Ornamental Shrub/Groundcover
1015
0.023
$ 3,574.79
Ornamental ShrublGroundcover
417
0.010
$ 1,469.95
1706
Lawn
239
0.005
$ 842.70
Hardscape/Stepping Stones
30
0.001
$ 107.05
Ornamental Shrub/Groundcover
77
0.002
$ 271.77
1712
Lawn
252
0.006
$ 887.82
Ornamental Shrub/Groundcover
71
0.002
$ 250.84
1714
Hardscape/Stepping Stones
6
0.000
$ 21.15
1718
Lawn
373
0.009
$ 1,314.43
1722
Lawn
525
0.012
S 1,850.59
Lawn
562
0.013
$ 1,978.77
1724
Iceplant
79
0.002
$ 279.03
2 of 5
APPENDIX A: Encroachment Type and Area per Property
Parcel/ Lot ID
EncroachmentRemoval,
.•
Area (Sqft)
Area (Ac)
3 -Year
Maintenance and Monitoring
Cost Per Parcel
$ 1,121.02
1730
Iceplant/Ornamental Shrub/groundcover
318
0.007
iceplant
400
0.009
$ 1,409.59
1740
Iceplant/Ornamental Shrub/groundcover
831
0.019
$ 2,927.61
Lawn
622
0.014
$ 2,191.55
1744
Lawn
359
0.008
$ 1,265.24
IceplanUOrnamental Shrub/groundoover
593
0.014
$ 2,089.14
1750
No Encroachment
0
0.000
$ -
1752
L Street to M Street
No Encroachment 0 0.000 $
Ornamental Shrub/Groundcover 3165 0.073 $ 11,150.30
Unknown 1
Lawn
715
0.016
$ 2,518.95
Unknown 2
Ornamental Shrub/Groundcover
1916
0.044
$ 6,748.72
Iceplant
75
0.002
$ 264.25
2008
Iceplant
433
0.010
$ 1,523.99
Ornamental Shrub/groundcover
2707
0.062
$ 9,537.77
2016
ceplant/Native Groundcover
3331
0.076
$ 11,735.55
ceplant/Ornamental Shrub/groundcover
700
0.016
$ 2,465.56
2020
Lawn
201
0.005
$ 708.95
Ornamental Shrub/Groundcover
1364
0.031
$ 4,804.85
2026
Ornamental Shrub/Groundcover
1869
0.043
$ 6,584.49
2030
Ornamental Shrub/Groundcover
1520
0.035
$ 5,354.96
2034
Ornamental Shrub/Groundcover
1472
0.034
$ 5,185.86
3 of 5
APPENDIX A: Encroachment Type and Area per Property
4of5
3 -Year
,
Cost Per Parcel
$ 2,140.92
EncroachmentRemoval,
,-
2038
Iceplant
608
0.014
2042
Iceplant
1293
0.030
$ 4,553.76
Iceplant
802
0.018
$ 2,827.02
2046
Ornamental Shrub/Groundcover
23
0.001
$ 82.61
Lawn
1510
0.035
$ 5,318.14
Iceplant
567
0.013
$ 1,997.41
2050
Ornamental Shrub/Groundcover
488
0.011
$ 1,719.22
Lawn
1315
0.030
$ 4,633.84
Iceplant
1797
0.041
$ 6,329.10
2054
Lawn
242
0.006
$ 850.86
Iceplant
1521
0.035
$ 5,358.31
2060
Lawn
50
0.001
$ 174.87
2100
Ornamental Shrub/Groundcover
2790
0.064
$ 9,829.17
Lawn
256
0.006
$ 900.17
2104
Ornamental Shrub/Groundcover
623
0.014
$ 2,195.39
Lawn
675
0.015
$ 2,376.49
2108
Ornamental Shrub/Groundcover
231
0.005
$ 813.81
Ornamental Shrub/Groundcover
2244
0.052
$ 7,905.44
2112
Hardscape/Stepping Stones
123
0.003
$ 433.38
2116
Iceplant
497
0.011
$ 1,749.71
2116
Ornamental Shrub/Groundcover
646
0.015
$ 2,275.35
2120
Iceplant
1067
0.024
$ 3,757.43
4of5
APPENDIX A: Encroachment Type and Area per Property
Lot ID
EncroachmentParcel/ p•
Area (Sqft)
Area (Ac)
Removal,
Maintenance and Monitoring
Cost Per Parcel
$ _
2124
No Encroachment
0
0.000
2128
Iceplant
667
0.015
$ 2,349.84
2132
Iceplant
284
0.007
$ 1,000.97
2140
Lawn
965
0.022
$ 3,399.70
2144
Iceplant
819
0.019
$ 2,885.34
Lawn
447
0.010
$ 1,575.95
Iceplant
538
0.012
$ 1,895.65
2148
Ornamental Tree
100
0.002
$ 352.30
Lawn
358
0.008
$ 1,259.53
Iceplant
20
0.000
$ 69.06
2152
Ornamental Shrub/Groundcover
392
0.009
$ 1,381.02
Lawn
315
0.007
$ 1,109.75
2156
Lawn
354
0.008
$ 1,245.89
Ornamental Shrub/Groundcover
211
0.005
$ 744.32
2160
Ornamental Tree
27
0.001
$ 95.09
2166
Ornamental Shrub/Groundcover
2850
0.065
$ 10,040.55
Hardscape/Stepping Stones
111
0.003
$ 391.05
2168
Ornamental Shrub/Groundcover
1270
0.029
$ 4,474.21
Hardscape/Stepping Stones
54
0.001
$ 190.24
Ornamental Tree
177
0.004
$ 622.91
2172
Hardscape/Stepping Stones
92
0.002
$ 324.79
Ornamental Shrub/Groundcover
1122
0.026
$ 3,952.81
Total
70793
1.625
$ 249,403,80
5of5
C
e
x
Q � Q
L
a a �=
�o
O
P
a
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-92 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 26th day of July, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27`" day of July, 2016.
46414,4'/UAV
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)