Tag Archives: coastal bluffs

Banning Ranch Development Project

Image of Banning Ranch shared by another organization against its development
(Nature Commission)

Breaking news: March 30, 2017

The California Supreme Court has concluded the litigation described below by issuing a unanimous finding that the City’s environmental analysis was inadequate and misleading.

This effectively invalidates the project approvals granted by the City in 2012.

The courts ruling can be read here (PDF).

Latest Update: September 10, 2016
Great news!  With much anticipation, the California Coastal Commission met in Newport Beach on September 7th to consider the application for development on the Banning Ranch property.   After lengthy debate in a packed City Council Chambers, the Commission, with 1 of its 12 members (Chair Steve Kinsey) recused and another (Wendy Mitchell) absent, voted 9:1 to reject the application – even though it was significantly scaled back from what the City had OK’d in 2012.

According to press reports, if the developer wishes to pursue their project, they will have to wait a minimum of six months, after which they can start over with an entirely new application to the Coastal Commission.  Whether that would require a new City approval is unclear.

Meanwhile, a legal challenge to the City’s original approval, brought by the Banning Ranch Conservancy, remains to be decided by the California Supreme Court (Case S227473, details here).  The conservancy contends the City violated its General Plan in 2012 by granting an approval without first working with state agencies (including the Coastal Commission) to delineate which portions of the property were developable and which were not.

We understand the Sierra Club Banning Ranch Park & Preserve Task Force and Banning Ranch Conservancy – two groups which have for years led the charge on environmental issues related to Banning Ranch development proposals – will be meeting on September 21 and 28, respectively, to review the September 7th Coastal Commission action and consider their next steps (details here).  SPON supports their efforts.

Press reports:

Is Banning Ranch developer’s environmental marketing the real deal? (OC Register, September 17, 2016)

How ordinary folks waged battle against money and power (Steve Lopez, LA Times, September 10, 2016)

Despite vote, Banning Ranch development could still be built (KPPC, September 9, 2016)

Is the Banning Ranch proposal really dead? A look at where the OC coastal project goes from here (LA Times, September 8, 2016)

After rejection of development plan, Banning Ranch owner weighs next move (LA Times, September 8, 2016)

A good day for the Coastal Commission, and conservation, in Newport Beach (Steve Lopez, LA Times, September 10, 2016)

After development rejected at Banning Ranch, activists see a possibility to preserve (OC Register, September 7, 2016)

Banning Ranch project denied by Coastal Commission, ending 20-year battle — for now (OC Register, September 7, 2016)

Coastal Commission Denies Banning Ranch (Newport Beach Independent, September 8, 2016)

More from Google…

Background

Banning Ranch is the last and the largest parcel of privately owned coastal open space remaining in Orange County. It is located at the mouth of the Santa Ana River, nestled between Newport Beach, Huntington Beach and Costa Mesa. It consists of more than 400 acres of coastal wetlands and adjacent coastal mesa. Having served for oil production for the last 70 years, Banning Ranch has escaped the dense residential development characteristic of the surrounding cities. Over time it has evolved into a private wildlife preserve.

In 2006, the voters of Newport Beach approved a General Plan that made preservation of the entire property as open space the highest priority for Banning Ranch. Yet in July of 2012, Newport Beach City Council approved a Project of development resorting to a “Statement of Overriding Considerations” to rationalize away the “significant and unavoidable” impacts cited throughout the EIR.

In October 2015, the Coastal Commission staff identified the correct acreage of 11.5 acres available for development and recommended denial of the Coastal Development Permit for Banning Ranch. But rather than deny the project the Coastal Commission instructed the developer to work with Coastal staff to work together to come up with a reduced project.

The applicant, Newport Banning Ranch LLC is a partnership between AERA Energy, LLC, a wholly owned subsidiary of Exxon-Mobil and Shell, and Cherokee Investment Partners, a $2.2 Billion developer from the East Coast. A revised application that has been submitted to the Coastal Commission (hearing May 12) consists of 895 residential units, commercial space and a hotel to be built on the mesa portion of the property in areas where oil wells will be decommissioned. Separately, their oil and gas proxy, Horizontal Development has a filed for a separate Coastal Development Permit for a new Oil Production facility, up to 100 new oil and gas wells and truck bearing maintenance road along the scenic and environmentally sensitive Semeniuk Slough.

The partial list of impacts:

  • Destruction and permanent loss of natural habitats and open space: The property has 200 acres of degraded wetlands with no development potential and 200 acres of coastal mesas and bluffs. This site has more than 225 acres of Environmentally Sensitive Habitat Areas (ESHA). It is a nesting and wintering ground to endangered and threatened species (listed at http://savenewportbanningranch.org under Biology).
  • Destruction and permanent loss of sacred cultural sites: California’s Native American Heritage Commission listed Banning Ranch as a sacred site
  • Unknown and unsafe impacts to our environment: The developer plans to excavate and stockpile 2.8 million cubic yards of soil over 10 years to prepare the land for development, destroying the environment and exposing the public to unknown levels of contaminants.
  • Air pollution: Air pollution from construction and traffic will exceed state standards. Greenhouse gas emissions will contribute considerably to the Greenhouse Gas Inventory, accelerating global climate change and rising sea levels.
  • Noise Pollution: Construction and traffic noise will double allowable noise thresholds.
  • Traffic: 15,000+ more car trips on our roads, daily! Expect double and triple commutes, gridlocked intersections.

We urge you to reiterate that this development permit should be denied at the Coastal Commission Hearing at the Newport Beach City Hall May 12, 2016!  The goal for Banning Ranch should be the preservation, acquisition, conservation, restoration and maintenance of the site as a permanent public open space, park and coastal nature preserve.

Banning Ranch Conservancy Information:
Website
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Save Newport Banning Ranch Information:
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Past Update History

Update August 23, 2016: Coastal Commission Hearing & Vote Scheduled for September 7 here in Newport Beach
The Coastal Commission will meet and vote on the Banning Ranch project at its Newport Beach meeting on September 7. The Coastal Commission, the City of Newport Beach and the developer have all agreed on the timing and the location. The Banning Ranch hearing will be heard as Item 14d (Agenda here).  Hearing procedure available here.  For more information, visit the Banning Ranch Conservancy website.

Here are a few immediate and important action items for you to consider:

  • Like and share the newly released Banning Ranch video
  • Read the last Coastal Commission Staff Report from May 2016 when the item was postponed
  • Submit comments to the California Coastal Commission staff using this special email address:  BanningRanchComments@coastal.ca.gov
  • Email, text or call in questions or offers to volunteer to the Banning Ranch Conservancy: Email Address: Info@BanningRanchConservancy.org  or Text/Call 714-719-2148
  • Spread the Word using your personal networks

Newport Banning Ranch Project Documents as of July 2016
All the following documents are available for viewing and/or downloading here.

  • Final Project Transmittal and all attachments
    • Project Description
    • Site Plan
    • Coastal Commission Staff Recommendation
    • Site Conditions
    • Coastal Commission Staff Land Use Recommendations
    • Features

Developer Seeks More Space to Build . . .
Daily Pilot Article: June 29, 2016

Newport Beach Fire Department Analysis for Coastal Commission
“Fire and the resulting products of combustion are a continual threat to the community . . . ” The complete analysis can be read here.

Acreage Comparison Report
Provided to Coastal Commission by Newport Banning Ranch

The full report can be read here.


Update April 28, 2016:  Coastal Commission Hearing on May 12, 2016
The Coastal Commission hearing will be held on May 12, 9:00 am, at the Newport Beach Civic Center, 100 Civic Center Drive, Newport Beach.   This hearing could very well decide the fate of the Banning Ranch. A standing-room-only turnout is needed!  The Coastal Commission Staff Report for the proposed project at Banning Ranch can be downloaded here.

Here are a few immediate and important action items for you to consider:


Update August 1, 2015: Coastal Commission Meeting October 7/8, 2015:
The Banning Ranch Conservancy and the Quality of Life Coalition are urging everyone to attend the California Coastal Commission hearing on the Banning Ranch October 7/8 at the Long Beach City Council Chambers. This Commission could decide the fate of the Banning Ranch. This is it . . . a large turnout is needed! Let this Commission know that the community opposes the Banning Ranch development.

Sign up now for a seat on the bus.   Transportation will be provided.

Sign the online letter to the Coastal Commission.  Better yet, personalize the message to your liking. It only takes 30 seconds!

Don’t trust the Trust! The Newport Banning Land Trust was created and is supported by the developers of the Banning Ranch. Watch this short video to learn more.


Update March 18, 2015:  Presentation to the Newport Beach Women’s Democratic Club by Banning Ranch Conservancy and SPON:   The Banning Ranch:  Fact vs. Fiction was presented in partnership by Banning Ranch Conservancy and SPON at the March monthly meeting of the Women’s Democratic Club.  A copy of the presentation is here.


Update March 17, 2015:  Caring People, United in a Worthy Cause, Can Make Things Happen! By Suzanne Forster:   On Thursday, March 12, at the California Coastal Commission Enforcement Hearing in Chula Vista, the Commission reached a Settlement Agreement (http://www.banningranchconservancy.org/index.html) with Newport Banning Ranch LLC (NBR), the developer, regarding violations of the Coastal Act charged by the Commission against the developer.  Without admitting guilt, NBR agreed to stop committing the alleged violations and perform actions (restoration, mitigation and dedication of permanent open space) to correct them. The heart of the victory was that the annual mowing of 40 to 50 acres of critical habitat has been stopped allowing coastal sage scrub to return to these areas.

Over 60+ people rode the bus to Chula Vista and many other supporters drove down to carry tables, banners and supplies. This large turn-out sent a powerful message to both the Commissioners and the developer demonstrating that citizens can and do make a difference.

We will never be able to outspend the developer, but with help from supporters, existing and new, we can show that citizens working together will make a difference.  Here’s how —


Original Post February 2015: Petition to Halt Habitat Destruction at Banning Ranch by Suzanne Forster:  The California Coastal Commission Enforcement Staff has cited the owners of Banning Ranch—Newport Banning Ranch LLC and West Newport Oil Company, the oil field operator—with two major violations of the Coastal Act.  The violations are unpermitted habitat destruction and unpermitted oil field operations. The Banning Ranch Conservancy has initiated a petition asking the California Coastal Commission to permanently halt this habitat destruction and to ensure permanent restoration and protection of the degraded habitat on Banning Ranch.  The petition will be presented to the commissioners at the March Enforcement Hearing (details below).  A large number of signatures will tell the commissioners that the public is serious about protecting our finite coastal resources.

Please sign the petition here.

The Enforcement Hearing is expected to be scheduled during the regular monthly Coastal Commission hearing on March 11-13 at the Chula Vista Council Chambers in Chula Vista (meeting information here); South Coast District (future agenda items here).  The exact date of the hearing will also be posted to the Banning Ranch Conservancy website when it’s available.

Newport Banning Ranch LLC and West Newport Oil Company (the oil field operator) were recently cited for two major violations of the Coastal Act. The violations are for unpermitted habitat destruction and unpermitted oil field operations.  The CCC staff’s enforcement action against the Banning Ranch owners could result in a consent order or a unilateral hearing.

A consent order is an agreement between staff and the owners regarding the appropriate restoration and mitigation orders for the violations. Fines can also be levied. If no agreement is reached prior to the hearing, a unilateral hearing will be held, during which the Coastal Enforcement staff will present their case against the owners and the owners’ attorneys or representatives will respond. Interested parties, such as the Banning Ranch Conservancy and other environmental organizations can also make presentations that include expert witnesses. The Coastal Commissioners will hear all the testimony and make their decision.

Banning Ranch Conservancy Information:
Website
Petition

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Save Newport Banning Ranch Information:
Website

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Harbor Pointe Senior Living

Harbor Pointe Senior Living  . . .  as of February, 2017

Project Overview:  This is a proposal to build a 4-story, 121-bed convalescent and congregate care facility at the current site of the Kitayama Restaurant on South Bristol.

Why We Were Watching:  Under the city’s General Plan, a project of this sort is not allowed at  the requested location, and hence its approval requires a General Plan amendment.  Such changes to the voter-approved land use designations are always of concern, and in this case neighbors have expressed worries about the building’s compatibility with neighboring residential uses.

Recent Events:

A scoping meeting for the project’s Environmental Impact Report was held on August 15, 2016, with comments due by August 22.  The EIR is presumably being prepared.

Prior to release of the EIR, the Planning Commission heard about and discussed the proposal, without action, as Item 4 on its February 23, 2017, agenda.  The “study session” was well attended by Bayview and Santa Ana Heights neighbors, most quite critical of the project as currently proposed.  See the City video.

News Coverage

Helpful Links

 

Back Bay Landing Project

Back Bay Landing & Balboa Marina Projects: Update by Seychelle Cannes August 2015:  The Back Bay Landing Project is proposed as a mixed-use waterfront development on seven acres at 300 East Coast Highway (PCH and Bayside Drive).  This site now functions as a parking lot and recreational vehicle storage area.  The Newport Beach City Council approved the project entitlement on February 11, 2014 for over 82,742 square feet of office, restaurant and dry-stack boat storage.  The approved footage for the project does NOT include the propose 49 individual residential units, a three-story parking lot (partially under-ground) nor a 65 foot viewing tower.  These additions are being requested by the developer through an amended Conditional Land Use Plan (CLUP).  This parcel is currently zoned for marine use only.  The architect for the Back Bay Landing project is the same architect that designed the Mariner’s Pointe retail and restaurant development located on West Coast Highway at Dover Drive.

For more information

The Balboa Marina is slated for a development project as well.

BalboaMarinaOnly one block away from the proposed Back Bay Landing Project, just west of Bayside Drive, is the expanded development proposed by the Irvine Company at the West Balboa Marina.  Located at 201 West Coast Highway, this project will expand the existing Balboa Marina by constructing a 19,400 square foot marine commercial building for a yacht brokerage office, public restrooms and a restaurant.  It is essentially at the site of the former Ruben E. Lee.

For more information: The Log – Boating & Fishing News

With higher density plans for Mariner’s Mile, traffic grid-lock is still in our future, despite the overwhelmingly opposition and defeat of Ballot Measure Y in November 2014.

* * * * * *

Article by Seychelle Cannes (2/2015): A mix-use waterfront development project on 7 acres at 300 East Coast Highway (PCH and Bayside Dr.) which changes the current parking lot and recreational vehicle storage area to more than 82,742 square feet of office, restaurant and dry-stack boat storage.

With higher density plans for Mariner’s Mile, traffic grid-lock is still in our future, despite the overwhelmingly opposition and defeat of the 2014 Ballot Measure Y.

Newport Beach City Council approved the project entitlement on February 11, 2014 for over 82,742 square feet of office, restaurant and dry-stack boat storage.  The total approved square feet of 82,742 for the project does not include the propose 49 single residential units, 3 story parking lot (partly under-ground) nor a 65 foot viewing tower that the developer is requesting through  an amended Conditional Land Use Plan (CLUP).  Presently the parcel is zoned for marine use only.  The architect for the Back Bay Landing project is the same architect that designed the Mariner’s Pointe retail and restaurant development located on West Coast Highway at Dover Drive. For more information, read this article about the December 2014 Coastal Commission Meeting, as well as the project write up on the Newport Beach City website.

Another development, adjacent to this project, is the expanded development proposed by The Irvine Company at the West Balboa Marina, located at 201 East Coast Highway (West Coast Highway and Bayside Dr.).   The project will expand on the existing Balboa Marina and construct a 19,400 square foot marine commercial building for a yacht brokerage office, public restrooms and a restaurant.   For more information on the Balboa Marina project, read the article here.

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Local Coastal Plan

 

Local Coastal Plan: Article by City of Newport Beach (2/2015): A proposal to govern land use, public access, and resource protection policies and regulations for all development within the coastal zone of Newport Beach.

The City of Newport Beach (City) is in the process of creating its first Local Coastal Program (LCP), a planning document that sets land use, public access, and resource protection policies and regulations for all development within the community’s coastal zone. A draft of the associated implementation plan is now available for public review here.

The Coastal Development Act of 1976 requires all California cities with land area within the coastal zone to have an LCP certified by the California Coastal Commission. The Act also requires a Coastal Development Permit (CDP) for most development within the coastal zone. Currently, residents and business owners with projects within Newport Beach that require a CDP must apply to the Coastal Commission for permit approval. After certification, the majority of CDP applications can be reviewed and approved by the City rather than the Coastal Commission. For a property owner, this change will provide greater accessibility to staff assistance, faster permit processing, and lower permit costs.

LCP certification is a multi-step process with numerous opportunities for community participation. The City is hosting a series of community workshops to explain what a certified LCP would mean to those who own property, operate a business, or reside within the Newport Beach coastal zone and to receive community input on the draft implementation plan. In addition to the four community workshops planned, the draft plan will be reviewed by the Newport Beach Harbor Commission, Planning Commission and City Council during public meetings. It will also be reviewed and eventually certified by the Coastal Commission during a public meeting. Public comment on the draft plan will be welcomed at each meeting.

City Contact:
Patrick Alford, Planning Program Manager
By Email
(949) 644-3235

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