TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Talyn Mirzakhanian, Community Development Director
Daniel Pankau, Environmental Programs Administrator
SUBJECT:Title
Conduct Public Hearing and Consider Adoption of a Resolution Amending the City’s Local Coastal Program (LCP) in Compliance With Modifications Recommended by the California Coastal Commission for the New Coastal Hazards Chapter of the LCP (Community Development Director Mirzakhanian).
(Estimated Time: 15 Mins.)
A) CONDUCT PUBLIC HEARING
B) ADOPT RESOLUTION NO. 23-0154
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and adopt Resolution No. 23-0154, amending the Local Coastal Program (LCP) in compliance with modifications recommended by the California Coastal Commission (CCC) for the Section VI “Coastal Hazards” of the City’s LCP.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The CCC unanimously adopted the State’s Sea Level Rise Policy Guidance in 2015 (updated in 2018), which outlines the need for planning, the resources available, and the steps for cities to update their LCPs to incorporate sea level rise assessments and adaptation planning. The guidance recommends that LCPs address sea level rise vulnerability and adaptation strategies, and that proposed development be evaluated for sea level rise impacts. The guidance recognizes that the Coastal Act supports: (1) using best available science to guide decisions; (2) minimizing coastal hazards through planning and development standards; (3) maximizing protection of coastal resources, including public access and recreation, coastal habitats, Environmentally Sensitive Habitat Areas (ESHA) and wetlands, water quality and supply, archaeology and paleontological resources, and scenic and visual coastal resources; and (4) maximizing agency coordination and public participation.
In 2017, the California State Lands Commission informed the City of its responsibility to complete a sea level rise assessment. California Senate Bill 379 requires a climate change vulnerability assessment (including flood risk), measures to address vulnerabilities, and a comprehensive hazard mitigation and emergency response strategy in the City’s Local Hazards Mitigation Plan (LHMP). In addition, adaptation and resilience are required in the General Plan’s Safety Element and may be addressed in other sections. Furthermore, Assembly Bill 2140 incentivizes cities to include hazard and risk reduction strategies in their General Plan Safety Element that are complementary with the LHMP.
In 2018, the City initiated an update to the LCP to address climate change, specifically sea level rise. On May 3, 2022, staff presented the LCP amendment, which introduced the new Coastal Hazards chapter of the LCP, to the City Council at a noticed public hearing. The LCP Coastal Hazards chapter identifies existing coastal hazards present in Manhattan Beach and establishes a set of policies that address the safety of its community members and mitigates potential impacts from natural and man-made hazards. In addition, it discusses the types of shoreline protective devices currently in place within the coastal zone and policies for maintaining, rebuilding, or installing new devices. At the close of the public hearing, the City Council unanimously approved the LCP amendment and authorized staff to submit the amendment to the CCC for certification (see Resolutions 22-0062 and 22-0063 attached). The amendment was submitted to the CCC for consideration on June 14, 2022.
On August 9, 2023, the CCC conducted a public hearing and considered the City’s LCP amendment (see CCC staff report attached). At the close of the hearing, the CCC unanimously approved the amendment, with suggested minor modifications. Additionally, the CCC commended the City for being one of the first jurisdictions to adopt a Coastal Hazards LCP chapter in accordance with State guidance.
DISCUSSION:
Prior to the CCC hearing on August 9, 2023, CCC staff worked with City staff to develop mutually agreed upon suggestions and modifications to the Coastal Hazards chapter, which would secure the CCC staff’s favorable recommendation to the Commission. Below are the modifications suggested by CCC staff and approved by the CCC on August 9, 2023:
New text added by suggested modification is shown bold and underlined, and text suggested to be deleted is shown in strikethrough.
Policy IV A 2: Develop and i Implement a citywide beach dune and living shoreline restoration program and evaluate softer solutions such as living shoreline projects. The continued viability of dune and other coastal habitats shall be provided for by planning for inland migration and/or replacement of habitats lost to sea level rise.
Policy IV A 3: Stabilize dunes and back beach with the installation and maintenance of drought-tolerant native coastal vegetation native southern California coastal dune plant species capable of enhancing dune stability and the removal of non-native vegetation. Development shall be set back from dunes through buffers of sufficient width and design to protect native coastal vegetation from impacts of adjacent uses, including a bike path set back of a minimum of three feet and a beach grooming set back of a minimum of five feet.
Policy IV A 8: Develop and implement when necessary, a winter season temporary sand berm program that minimizes potential adverse biological, scenic, and recreational resource impacts.
The Coastal Act requires that the City’s adoption of the suggested modifications be completed within six months of the CCC action in order for the amendment to be considered certified. Accordingly, staff is recommending that City Council adopt Resolution No. 23-0154, adopting the LCP amendment, as modified by the CCC (see CCC suggested modification letter attached).
PUBLIC OUTREACH:
From February through June of 2021, the City conducted nine public meetings (six workshops and three focus groups) on sea level rise, coastal adaptation strategies, the dune restoration project, and climate action and adaptation strategies. Over 200 members of the public participated, providing over 380 comments and questions related to sea level rise, climate action, and adaptation strategies.
The Planning Commission conducted a study session and a duly noticed public hearing on this matter on February 23, 2022 and March 23, 2022, respectively.
A public notice for the May 3, 2023, City Council hearing was published in the Beach Reporter on April 21, 2022, posted at City Hall, and posted on the City’s website.
A public notice for the November 21, 2023 City Council hearing was published in the Beach Reporter on November 9, 2023, posted at City Hall, and posted on the City’s website.
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), specifically Section 21080.5 of the California Public Resources Code, local governments are exempt from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of LCPs and LCP amendments. Instead, the CEQA responsibilities are assigned to the CCC. The CCC found, for the reasons discussed in this report, the proposed LCP Amendment, with adoption of the suggested modifications, meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act. The CCC found that approval of the LCP Amendment with suggested modifications will not result in significant adverse environmental impacts within the meaning of CEQA. Certification of the LCP if modified as suggested complies with CEQA because: 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, and 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts which the LCP Amendment may have on the City of Manhattan Beach LCP Amendment No. LCPA 5-MNB-22-0028-1 (LUP Coastal Hazards Chapter). The CCC found that the proposed LCP amendment, if modified as suggested, will be consistent with Section 21080.5(d)(2)(A) of the Public Resources Code.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 23-0154
2. CCC Staff Report
3. Resolution No. 22-0062
4. Resolution No. 22-0063
5. LCP Section VI Coastal Hazards Chapter
6. PowerPoint Presentation