The URL can be used to link to this page

Home My WebLink About15 - 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's DecisionCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: March 26, 2019 Agenda Item No. 15 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave Webb, Public Works Director - 949-644-3330 dawebb@newportbeachca.gov Chris Miller, Public Works Administrative Manager, cmiller@newportbeachca.gov 949-644-3043 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision The neighbors adjacent to 2888 Bayshore Drive ("Newport Marina") appealed the Harbor Commission's approval of an Approval In Concept ("AIC") for the proposed marina reconstruction project ("Project"). This appeal item was originally scheduled for Council consideration on February 12, 2019, and then March 12, 2019, but was continued to allow the applicant and appellant additional time to resolve concerns with the project. As a result, the applicant has now modified the project to address those concerns and all revisions conform to the applicable provisions of Newport Beach Municipal Code Title 17 entitled "Harbor Code" and the "City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities." For City Council's consideration is the decision to affirm or reverse the Harbor Commission's approval of the project or, alternatively, modify the Harbor Commission's decision to include the revisions to the project. RECOMMENDATION: a) Conduct a public hearing; b) Find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3; c) Modify the Harbor Commission's decision on the proposed marina reconfiguration at 2888 Bayshore Drive to include the project revisions as proposed by the applicant. This action authorizes staff to issue an Approval in Concept for the project as revised; and d) If the City Council modifies the Harbor Commission's decision, adopt Resolution No. 2019-30, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Harbor Commission's Approval of an "Approval In Concept" (Project File No. 1502-2018) for the Removal and Replacement of a Dock System at the Property Located at 2888 Bayshore Drive. 15-1 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision March 26, 2019 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The applicant at 2888 Bayshore Drive submitted an Approval In Concept (AIC) to rebuild their commercial marina, which is several decades old and has exceeded its useful life. The neighboring property owners at 2782, 2800, 2812 and 2832 appealed the Public Works Director's approval of the Project. Harbor Commission Consideration of Appeal (January 2019) In January 2019, the Harbor Commission considered the appeal of staff's approval of the Project. See Attachment A. Some of the concerns raised by appellant include: 1. Ingress and egress to the backside of the marina for the smaller vessels was via the northernmost side of the marina, adjacent to the Coast Highway Bridge. 2. The larger slips were immediately adjacent the appellants' residential properties. The headwalk for these slips (i.e. the float providing access to each slip and parallel to the bulkhead) was five feet from the residential bulkhead. 3. The southernmost finger of the marina extended along the entirety of the property line adjacent to the appellant at 2782 Bayshore Drive. After holding the public hearing, the Harbor Commission upheld staff's approval of the Project and the decision was appealed to the City Council. (Please see Attachment B for a complete history of the Project, through the link listed below.) City Council Consideration of Appeal This City Council appeal was originally noticed to be considered on February 12, but was continued to March 12, 2019 and then to this evening so the applicant could revise the project in a way that meets their purpose while also working to address the concerns raised by the appellant. See Attachment C. During this time, the applicant modified the project to address the concerns raised by the appellant during the Harbor Commission public hearing in January 2019. See Attachment D. In summary, revisions to the Project as provided in Attachment D include the following: The larger, 62 foot slips are positioned at the northern end of the marina, closest to the Coast Highway Bridge and are over 200 feet away from the appellants' residential properties. 2. The smaller 26 and 40 foot slips are adjacent to the appellants' residential properties, similar to the present-day configuration. 15-2 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision March 26, 2019 Page 3 3. The distance from the marina slips to the bulkhead adjacent to the appellants' residential properties is 25 feet. 4. Ingress and egress to the backside of the marina for the 22 and 26 foot vessels is via the southernmost side of the marina, adjacent to 2782 Bayshore Drive. 5. A floating "Harbor Camel" is proposed along the southernmost property line adjacent to 2782 Bayshore Drive. This device, as shown on the modified plan, consists of a floating 16 inch rigid pipe supported by guide piles along the property line. The purpose of this device is to create a floating barrier to prevent boats from navigating across the property line. It is important to note that the revisions to the project conform to the applicable provisions of Newport Beach Municipal Code Title 17 entitled "Harbor Code" and the "City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities," and no variances are requested as detailed in the attached resolution for City Council consideration. Section 17.65.040(F) authorizes the City Council to affirm, modify or reverse the original decision after consideration of an appeal. Additionally, Section 17.50.040(A) authorizes the City to issue Harbor Development Permits upon the determination that a new permit and/or a revision to an existing permit conforms to the design criteria and all applicable standards and policies in conjunction with plan reviews by the Public Works Department. As detailed in the attached resolution, the modified project conforms to the design criteria and applicable standards and policies of the City. If the City Council wishes to approve the modified plan, the City Council would adopt Resolution No. 2019-30 and direct staff to issue an Approval in Concept for the Project as modified, subject to any special conditions, and provided the project, as revised, complies with all applicable codes. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (Replacement or Reconstruction) and Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. CEQA Guidelines Section 15302 (Class 2) applies to the "replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced[.]" Section 15301 (Class 1) applies to the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." The proposed replacement marina is in the same location and is substantially the same size, purpose and capacity as the marina it replaces. The overwater coverage of the new marina increased from 12,787 square feet to 13,734 square feet. The number of slips decreased from 53 to 50 with the slip mix remaining balanced. 15-3 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision March 26, 2019 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Harbor Commission Approved Plan (January 9, 2019) Attachment B — February 12, 2019 Council Staff Report (Project History): http://ecros.newportbeachca.gov/Web/Browse.aspx?startid=691512&c nb=CityCouncil&dbid=0 Attachment C — Requests for Continuances Attachment D — Modified Plan (March 14, 2019) Attachment E — Correspondence Received After February 12, 2019 Attachment F — Resolution No. 2019-30 15-4 CSS MARINA LIM EXISTING DOCKS U� 11 15-5 SOUTHWEST DIVISION THIS DRAWING CONTAINS Bellin h PROJECT NUMBER: SCALE: 1 �� = 25' CA LICENSE #442499 PROPRIETARY INFORMATION �� 8810 SPARLING LANE WHICH IS THE PROPERTY OF 1 NEWPORT MARINA REPLACEMENT (Sheet Size 24" x 36") DIXON, CA 95620 BELLINGHAM MARINE 18-7-124 DRAWN BY: KG TEL: (707) 678-2385 INDUSTRIES, INC., AND SHALL FAX:( M A R I N E""""""I FAX:707 678-1760 NOT BE COPIED, REPRODUCED ) OR MADE AVAILABLE TO THIRD Newport Beach, CA DATE: 9-7-18 ENGINEER /DESIGNER: PARTIES WITHOUT PRIOR WRITTEN PERMISSION FROM _ PROJECT MANAGER: THE WORLD'S R L D � S M O 5T BELLINGHAM MARINE The structural system shown on these drawings, including member sizes, layout, and connection has been designed by Bellingham Marine Engineering DRAWING: N E 1 NO. DATE DESCRIPTION BY COMPREHENSIVE INDUSTRIES, INC. UNIFLOAT®, UNIDECK®AND ©BELLINGHAM — EXISTING DOCK PLAN AND EXISTING VS NEW OVERLAY under my supervision. No other aspects of the design including suitability for use, safety,mechanical,electrical, quantities,cut and theringca CHECKED BY: REVISIONS MARINA BUILDER MARINE INDUSTRIES, INC. ineEngths not been included e this review. Bellingham Marine Engineering can not be responsible for the accuracy of information provided by others. SHEET NO.: 3 15-5 PROPOSED SLIP MIX CHART LENGTH Total LF of berthing % 20 FT 2 40 4.00% 22 FT 17 374 34.00% 37 FT 6 222 12.00% 42 FT 16 672 32.00% 62 FT 9 558 18.00% DIXON, CA 95620 BELLINGHAM MARINE 18 -7-124 TOTALS 50 1866 100.00% AVERAGE LENGTH = 37.32 30' GRAFHIC SCALE - 0 20' 40' 60' 100' :m TIMBER FRAMED WALKWAY WITH WOOD )r 1 (OR PLASTIC) PLANK DECKING (TYP.) TIMBER FRAMED WALKWAY WITH WOOD DUFFY/ SMALL BOAT. AVERAGE ELECTRICAL SUBSTATION KAYAK RACKS, STAND UP PADDLE BOARDS (OR PLASTIC) PLANK DECKING (TYP.) FREEBOARD (HEIGHT ABOVE WATER) _ 5', BEAM WIDTH VARIES BETWEEN 6'-2" 244'-6 3/4" APARTMENT UILDING-A `AND 9'-3". 6" (:I EAR BETWEEN PROPERTY LINE AND DOCK 0 LO C) LN N NO CNI EL co N I---6-0 3/4" (TYP.) 20'-0" (TYP.) D BAW = 18'-6" 6-0 3/4" BERTHING OF VESSELS SHALL NOT BE ALLOWED ON SOUTHERLY SIDE OF THIS FINGER. CLEATS SHALL NOT BE INSTALLED ON THIS SIDE OF THE FINGER. SIGNAGE SHALL BE INSTALLED. TYP. N MARINA LIMITS PROJECT LINE 1 Al N N N Z 0 W O Z a 75 Q ry Q 0 Q TOP C N 0 i N 18'-0" (TYP.) 463'-7 1/2" Z 1 ADA ACCESSIBLE RAMP (PRELIMINARY). FINAL DESIGN TO BE VERIFIED AFTER DETAILED TOPOGRAPHIC SURVEY. _P_xVfrj +I X bU' (4' ULtHK) HLUIVIIINUIVI HUH UAI\4UVVHY C? N Al - C:) 15'-0 04CLL 4'-2" (TYP.) SINGLE -CAST CONCRETE FINGER FLOATS - WITH WOOD (OR PLASTIC) PLANK DECKING (TYP. ALL FINGERS) 708'-2 1/4" !-%I CAr7)AKI!'%C nnnnIlCn Tr'1n r1C n=M 16'-0" (TYP.) +15' MLLW (TOP OF PIER) +14' MLLW (BTM. OF PIER) +10' MLLW (TOP OF EXISTING SEAWALL) +1.5' MLLW (DESIGN FREEBOARD) 0.0' MLLW (DATUM) -10' MLLW 4'-2" (TYP.) 5-0 3/4" DUFFY/SMALL BOAT ACCESS FIXED PIER rA FIXED PIER SECTION/ ELEVATION _ NOTES: THIS IS A GENERAL REPRESENTATION. (SCALE: 1/4" = 1') Bellingham SOUTHWEST DIVISION THIS DRAWING CONTAINS PROJECT NUMBER: SCALE: 1" = 25' CA LICENSE #442499 PROPRIETARY INFORMATION 8810 SPARLING LANE WHICH IS THE PROPERTY OF NEWPORT MARINA REPLACEMENT (Sheet Size 24" x 36") DIXON, CA 95620 BELLINGHAM MARINE 18 -7-124 DRAWN BY: KG Al TEL: (707) 678-2385 INDUSTRIES, INC., AND SHALL FAX:( M A R I N E'M� FAX:707 678-1760 NOT BE COPIED, REPRODUCED ) OR MADE AVAILABLE TO THIRD Newport Beach, CA DATE: 9-7-18 ENGINEER /DESIGNER: PARTIES WITHOUT PRIOR WRITTEN PERMISSION FROM _ PROJECT MANAGER: THE WORLDS MOST BELLINGHAM MARINE The structural system shown on these drawings, including member sizes, layout, has been designed by Bellingham Marine Engineering DRAWING: O L 1 NO. DATE DESCRIPTION BY EL — and connection under my supervision. No other aspects of the design including suitability for lengths REVISIONS UNIDECK®AND©BELLINGHAM CHECKED BY: OVERALL LAYOUT use,safety, mechanical, electrical, quantities, ineEringca not been included a this review. Bellingham Marine Engineering can not be SHEET NO.: MARINA BUILDER MARINE INDUSTRIES, INC. responsible for the accuracy of information provided by others. 5 4'-2" (TYP.) SINGLE -CAST CONCRETE FINGER FLOATS - WITH WOOD (OR PLASTIC) PLANK DECKING (TYP. ALL FINGERS) 708'-2 1/4" !-%I CAr7)AKI!'%C nnnnIlCn Tr'1n r1C n=M 16'-0" (TYP.) +15' MLLW (TOP OF PIER) +14' MLLW (BTM. OF PIER) +10' MLLW (TOP OF EXISTING SEAWALL) +1.5' MLLW (DESIGN FREEBOARD) 0.0' MLLW (DATUM) -10' MLLW 4'-2" (TYP.) 5-0 3/4" DUFFY/SMALL BOAT ACCESS FIXED PIER rA FIXED PIER SECTION/ ELEVATION _ NOTES: THIS IS A GENERAL REPRESENTATION. (SCALE: 1/4" = 1') Bellingham SOUTHWEST DIVISION THIS DRAWING CONTAINS PROJECT NUMBER: SCALE: 1" = 25' CA LICENSE #442499 PROPRIETARY INFORMATION 8810 SPARLING LANE WHICH IS THE PROPERTY OF NEWPORT MARINA REPLACEMENT (Sheet Size 24" x 36") DIXON, CA 95620 BELLINGHAM MARINE 18 -7-124 DRAWN BY: KG TEL: (707) 678-2385 INDUSTRIES, INC., AND SHALL FAX:( M A R I N E'M� FAX:707 678-1760 NOT BE COPIED, REPRODUCED ) OR MADE AVAILABLE TO THIRD Newport Beach, CA DATE: 9-7-18 ENGINEER /DESIGNER: PARTIES WITHOUT PRIOR WRITTEN PERMISSION FROM _ PROJECT MANAGER: THE WORLDS MOST BELLINGHAM MARINE The structural system shown on these drawings, including member sizes, layout, has been designed by Bellingham Marine Engineering DRAWING: O L 1 NO. DATE DESCRIPTION BY COMPREHENSIVE INDUSTRIES, INC. UNIFLOAT®, — and connection under my supervision. No other aspects of the design including suitability for lengths REVISIONS UNIDECK®AND©BELLINGHAM CHECKED BY: OVERALL LAYOUT use,safety, mechanical, electrical, quantities, ineEringca not been included a this review. Bellingham Marine Engineering can not be SHEET NO.: MARINA BUILDER MARINE INDUSTRIES, INC. responsible for the accuracy of information provided by others. 5 15-6 Attachment B February 12, 2019 Council Staff Report (Project History) http://ecros.newportbeachca.gov/Web/Browse.aspx?startid=691512&cnb= CityCouncil&dbid=0 15-7 Q SEW Pp�T CITY OF z NEWPORT BEACH cq�o'P City Council Staff Report ATTACHMENT C March 12, 2019 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager cjacobs@newportbeachca.gov PHONE: 949-644-3313 2888 Bayshore Drive (Newport Marina) — Appeal of the Harbor TITLE: Commission's Approval for Marina Reconstruction and Reconfiguration ABSTRACT: It was anticipated that the City Council would hear an appeal of the Harbor Commission's approval of the Newport Marina reconstruction and reconfiguration, located at 2888 Bayshore Drive. The appellant and applicant have requested the hearing be continued to March 26, 2019. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Continue the Public Hearing to the March 26, 2019 City Council meeting. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The property owner at 2888 Bayshores (Newport Marina) and nearby neighbors are attempting to resolve the issues surrounding the reconstruction and reconfiguration of the marina. A public hearing on this item was published in the Daily Pilot and after the notice was published both parties requested a continuance of this item. Both parties have agreed to continue the Public Hearing until the City Council meeting on March 26, 2019. 15-8 2888 Bayshore Drive (Newport Marina) — Appeal the Harbor Commission's Approval for Marina Reconstruction and Reconfiguration March 12, 2019 ATTACHMENT C Page 2 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: None 15-9 ATTACHMENT C MEMORANDUM Date: February 8, 2019 To: Mayor and Members of the City Council From: Chris Miller, Administrative Manager 0- Subject - Subject: Agenda Item No. 16 — Request for Continuance Public Works Department Regarding the appeal of the Harbor Commission's approval of the proposed marina reconstruction project at 2888 Bayshore Drive (Newport Marina), both the applicant and the appellant have agreed to respectfully request the item be continued to the March 12, 2019 City Council meeting. In the meantime, the parties involved will attempt to amicably resolve their concerns. f:\users\pbw\shared\harbor resources\pier & bulkhead construction\2888 bay shore - presta newport marina\19-02-08 request for continuance - memo to council.docx 15-10 ra 0 / k�JvNlal]]�Jd ,tlt;t;t t \f ! T \} ()i|( �^ \�`�`��`� $ ° k�JvNlal]]�Jd «()$))\) ) ! T \} ()i|( �^ \�`�`��`� \( ° k�JvNlal]]�Jd 11 x ! T \} ()i|( \( ° § 2 / § § ]` $ / E k� § !! o / m! ! � L 0 \ k T \} ATTACHMENT E From: Miller, Chris Sent: Monday, February 25, 2019 9:01 AM To: Miller, Chris Subject: FW: Newport Marina (continued to March 12) From: Susan Skinner[mailto:susanskinner949@gmail.com] Sent: Friday, February 22, 2019 6:16 AM To: Dept - City Council<CityCouncil@newportbeachca.gov>; City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Newport Marina (continued to March 12) Dear City Council: I am writing to request that you will not approve the Newport Marina proposal as currently configured. This project will be on the March 12 agenda. The proposal calls for very large boats to be docked immediately in front of waterfront homes. Although there is a marina there now, the boats in front of these homes are modestly sized and don't really block the view of the bay. I row crew for my exercise, which involves being just above water level in my rowing shell. This gives me perspective of just how much the very large yachts in front of the Bay Club obliterate any view from the shore. It really isn't fair to subject a homeowner to this impact. I hope you will ask the marina owner to reconfigure the boat docks to move the largest yachts closer to the bridge, which seems the obvious location to put them. Thank you, Susan Skinner 15-12 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:17 AM To: Miller, Chris Subject: FW: Please approve -----Original Message ----- From: george livermore [mailto:gsliv@pacbell.net] Sent: Saturday, February 23, 2019 10:16 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Please approve Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Sincerely George Livermore Sent from my Whone 15-13 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:18 AM To: Miller, Chris Subject: FW: Newport Marina -----Original Message ----- From: Ron Sarabi [mailto:ron.sarabi@gmail.com] Sent: Saturday, February 23, 2019 12:28 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Thankyou Ron Sarabi 100 Kings Place Newport Beach, CA 92663 15-14 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:19 AM To: Miller, Chris Subject: FW: Newport Marina Approval -----Original Message ----- From: Patti ODesky [mailto:pattiodeskv@gmail.com] Sent: Saturday, February 23, 2019 12:49 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Approval Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Regards, Patricia and William O'Desky 2888 Bayshore Drive, Apt A-11 Newport Beach, CA 92663 Patti O'Desky (949)400-4932 cell (949)722-8806 home Sent from my iPad 15-15 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:29 AM To: Miller, Chris Subject: FW: Newport Marina proposed renovations From: Nina Manning [mailto:a185man@pacbell.net] Sent: Saturday, February 23, 2019 5:28 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina proposed renovations Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the safer plan that moves dredging much farther from their homes and sea walls. Nina Manning 654 E Palm Ave, Orange CA 92866 15-16 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:29 AM To: Miller, Chris Subject: FW: Marina plan From: Alex Hoggan [mailto:alexhoggan@gmail.com] Sent: Saturday, February 23, 2019 6:55 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Marina plan Dear City Council: Regarding the Marina plan (& Bayshore, we support the appellant and would like to see a less impactful plan approved. Thank you, Alex Hoggan 1917 Highland Dr Newport Beach, CA M: 949-547-9200 15-17 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:32 AM To: Miller, Chris Subject: FW: Proposed Marina Project -----Original Message ----- From: Lori Anderson [mailto:mrslorianderson@yahoo.com] Sent: Sunday, February 24, 2019 12:59 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Zachary Fischer <zfischer@crossepartners.com>; Ashley <amffischer@gmail.com>; Darin Anderson <Darin.Anderson@salasobrien.com> Subject: Proposed Marina Project Dear Council Members, It has come to my attention that there is a proposed development project for the Marina in front of Bayshores residences that allows up to 80 foot yachts in front of their homes at very close proximity. My husband and I support the appellant and would like to see a less impactful plan approved. We personally know several families that this project affects. One in particular spent years waiting for the perfect lot to become available to build their dream home. The families we know are wonderful members of the community and support our community with both their time and money. I think a less impactful plan is a reasonable request and I appreciate your thoughtful consideration. Kind regards, Lori Anderson Sent from my iPhone 15-18 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:33 AM To: Miller, Chris Subject: FW: Newport marina change -----Original Message ----- From: Dean Evans [mailto:dean.evans35@gmail.com] Sent: Sunday, February 24, 2019 4:30 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport marina change Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Name dean Evans Address Sent from my iPhone 15-19 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:16 AM To: Miller, Chris Subject: FW: Newport Marina From: Michele Harrington [mailto:micheleharrington@firstteam.com] Sent: Saturday, February 23, 2019 8:41 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Dave Harrington<dharrington@cityofalisovieio.com>; allyson presta <accounting@prestaproperties.com> Subject: Newport Marina Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Dave and Michele Harrington Michele Harrington Broker of Record / Vice President Lic# 01008773 1 (949) 433-4706 micheleharrinatonno firstteam.com firstteam.com O O D O O O O D ATTENTION: Cybercrime and online fraud are on the rise. If you receive any email containing WIRE TRANSFER INSTRUCTIONS, you are advised to VERIFY that all wire transfer instructions are correct PRIOR to transferring any funds. Please immediately contact your Escrow Officer for assistance with verification. This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521. The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. 15-20 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:17 AM To: Miller, Chris Subject: FW: Newport Marina Attachments: image001.png From: carl tautenhahn [mailto:carl@pbousa.com] Sent: Saturday, February 23, 2019 10:58 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense, the Presta's have proposed three compromise plans which would alleviate the Bayshores appellant's concerns regarding views and proximity of vessels to the appellant's homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019, as it is the more safer plan that moves dredging much farther from their homes. Carl Tautenhahn 2888 Bayshore At Newport Beach CA 92663 71 15-21 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:29 AM To: Miller, Chris Subject: FW: Newport Marina From: bmarcum [ma iIto: lustbarbsl@gmail.com] Sent: Saturday, February 23, 2019 2:31 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Dear Mayor Dixon and Members of the City Council, As decades long tenants of Bayshores Marina, and now Newport Marina, we are very aware of the issues facing the Prestas. They have been more than willing to address the concerns of the Bayshore tenants and, at the same time, to make plans to assure the safety of all through the replacement of the aging docks. We have observed the care that marina tenants take with the handling of their boats and the surrounding properties. The boat owners are as concerned with their property, safety and vandalism as anyone would be on the "land". Proximity of one to the other is not germane. Historical "views" have existed for nearly 50 years, well before many current owners built/bought their homes. Rather than disparage 27 amazingly beautiful boats, the property owners should treasure their addition to the blue water views of Newport Harbor. We understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. We also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. We respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is to safe plan that, in addition, moves dredging much farther from these homes. Bert and Barbara Marcum 233 Grandview Drive Redlands, CA 92373 15-22 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:31 AM To: Miller, Chris Subject: FW: Newport Marina From: barbaravoigtriggs@gmail.com[mailto:barbaravoigtriggs@gmail.com] Sent: Sunday, February 24, 2019 10:12 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: glenn.walcott@gmaiI.com Subject: Newport Marina City Council: We are Bayshores residents and vehemently oppose the proposed replacement marina by the Prestas. We want to maintain the safety of our neighborhood and have great concern after reading the recent update. We hope this City Council takes the time to understand the liability of potential trespassers that could gain easy, direct access to the houses on the Bayfront and also to our entire neighborhood. The proposed rebuild would quite easily provide a bypass to our gate and impossible to control. Our 4 neighbors whose families would be most impacted by the security, visibility and noise issues also have a potential devaluation of their home which is a huge financial impact. That ultimately effects all of us in the Bayshores community. All in all, we stand behind our neighbors and support the appeal and petition to stop this commercial build. We plan to be at the Council meeting on March 12th. Thank you for your consideration, Dave & Barbara Riggs 2591 Crestview Drive NB 92663 15-23 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:34 AM To: Miller, Chris Subject: FW: Newport Marina From: Joel Kallas [mailto:i.schmit.kallas@gmail.com] Sent: Sunday, February 24, 2019 6:02 PM To: Brenner, Joy <ioy@newportbeachca.gov> Cc: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Re: Newport Marina Joy, We support the APPEAL of the Bayshores Marina design recently approved by the City. Please do not let this injustice occur. Having large yachts and a dock 5 feet of a private residential bulkhead is a major loss of privacy, quality of life, increased noise, close proximity to diesel fumes from boats, loss of sunlight increased safety risk and very poor judgement. There are other smart designs to select that do not cause a hardship to the marina operator yet accomplish their revenue goals, some of which have been offered up by the appellants. Joel Kallas 203 30th Street Unit A Newport Beach, CA 92663 On Sun, Feb 24, 2019 at 3:49 PM Brenner, Joy <joy(a),newportbeachca.gov> wrote: Thank you! Joy's IPhone > On Feb 24, 2019, at 3:33 PM, Joel Kallas <j.schmit.kallaskgmail.com> wrote: > Dear Mayor Dixon and Members of the City Council, > I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously > requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the > marina. 15-24 ATTACHMENT E > I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. > Joel Kallas > 203 30th Street Unit A > Newport Beach, CA 92663 15-25 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:35 AM To: Miller, Chris Subject: FW: Newport From: Dean Evans [mailto:dean.evans35@gmail.com] Sent: Sunday, February 24, 2019 8:03 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. Sent from my iPhone 15-26 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:37 AM To: Miller, Chris Subject: FW: Docks needed for Ron Presta's Newport Marina From: Rob Williams[mailto:robthediver2001@gmail.com] Sent: Monday, February 25, 2019 6:56 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: allyson presta <accounting@prestaproperties.com> Subject: Docks needed for Ron Presta's Newport Marina Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the more safer plan that moves dredging much farther from their homes. RobWilliamsDivingService 714 785 5735 15-27 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 9:14 AM To: Miller, Chris Subject: FW: We support the APPEAL of the Bayshore Marina Approved Design From: Blake Reiser [mailto:blake.reiser@gmail.com] Sent: Thursday, February 21, 2019 3:43 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: zfischer@crossepartners.com Subject: We support the APPEAL of the Bayshore Marina Approved Design To our hard-working City Council: We support the appeal of the Bayshores Marina design recently approved by the City. There are other marina design plans, including those submitted by the homeowners/appellants, which do not cause a hardship on the Marina owners. We ask the City Council to deny the proposed marina and have them resubmit plans that do not place undue burden on the residents. Thanks for your consideration. Sincerely, Blake Reiser 15-28 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 8:40 AM To: Miller, Chris Subject: FW: Newport Beach / Marina -----Original Message ----- From: mbrennal@alumni.conncoll.edu [mailto:mbrennal@alumni.conncoll.edu Sent: Monday, February 25, 2019 8:13 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Beach / Marina To whom it may concern, We support the appellant and would like to see a less impactful plan approved. Thank you, Mike Brennan 15-29 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 9:45 AM To: Miller, Chris Subject: FW: We support the APPEAL of the Bayshore Marina Approved Design From: Richard Flanagan[mailto:richardleeflanagan78@gmail.com] Sent: Monday, February 25, 2019 9:24 AM To: Dept - City Council<CityCouncil@newportbeachca.gov>; zfischer@crossepartners.com Subject: We support the APPEAL of the Bayshore Marina Approved Design We support the APPEAL of the Bayshores Marina design recently approved by the City. Please do not let this injustice occur. This marina design is flawed in many respects — it substantially reduces residents and neighbors quality of life due to an invasion of privacy, loss of quiet enjoyment of homes and yards and a substantial loss of market value due to these substantial infringements. There are numerous other marina design plans, including those submitted by the homeowners/appellants, which do not cause a hardship on the Marina owners. We implore the City Council to use good judgement and deny the proposed marina and have them resubmit plans that do not place undue burden on the residents. The plan submitted by the marina operators would be the ONLY marina in Newport where the commercial marina has its large boats in front of single family homes. All other marinas put big yachts in front of either parking lots, commercial/retail on first floor, or much further away from shore. This marina plan sets a terrible precedent for Newport Beach of allowing commercial marina operators to push the burden of large invasive vessels in front of residential instead of their own property and parking lots first. Having large yachts and a dock 5 feet of a private residential bulkhead is a major loss of privacy, quality of life, increased noise, close proximity to diesel fumes from boats, loss of sunlight increased safety risk and very poor judgement. There are other smart designs to select that do not cause a hardship to the marina operator yet accomplish their revenue goals, some of which have been offered up by the appellants. In the Newport Beach General Plan, the stated goal of development is to "Complement and enhance Newport Beach character and livability'. This bad marina design does not make this city more livable for the neighbors or our neighborhood. 15-30 ATTACHMENT E Also in the General Plan is discussion of a "growth strategy that enhances the quality of life of residents and balances the needs of all constituencies" — this design does not enhance quality of life nor does it balance the needs of residents; it is only considerate of the needs of the marina operator whose needs CAN be met with other designs. Please do not allow this plan to go through. Best, Richard & Christine Flanagan 336 Snug Harbor Rd Newport Beach, CA 92663 949.300.2977 15-31 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 12:40 PM To: Miller, Chris Subject: FW: Bayshores Marina Plan -----Original Message ----- From: Wendy Enkema [mailto:enkemafamily@gmail.com] Sent: Monday, February 25, 2019 12:35 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Bayshores Marina Plan To the Newport Beach City Council, In regards to the upcoming City Council meeting on March 12, 2019 and specifically the item concerning the plan for redoing the Bayshores Docks by the Presta family, we support the appellant and would like to see a less impactful plan approved, even after the most recent compromises as of February 12, 2019. We plan on being at the meeting on March 12, 2019 to support the appellants. Sincerely, Wendy Enkema 1219 Essex Lane Newport Beach, CA 92660 15-32 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 1:57 PM To: Miller, Chris Subject: FW: NEWPORT MARINA From: MARY BACON [mailto:mbacon0227@gmail.com] Sent: Monday, February 25, 2019 1:32 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: NEWPORT MARINA Dear Mayor Dixon and Members of the City Council, I understand that Mr. Moriarty, Mr. Wallcott, Mr. Fischer and Ms Morrison (Appellants), previously requested that Newport Marina change the dock plan previously approved by the City of Newport Beach, the California Coastal Commission which originally placed the entrance/exit of the small boaters to the south end of the marina to the north end of the marina. I also understand that the Presta's spent a great deal of money to flip flop the marina to accommodate the Appellants request. The appellants are now requesting that Newport Marina again flip flop plans to include a marina entrance/exit as originally approved by the City of Newport Beach and the California Coastal Commission, on the south end of the marina. I am pleased that Ron and Allyson Presta (owners of Newport Marina) have considered the concern of appellants and are working to determine whether a compromise plan is possible to replace the aging marina. At great expense,the Presta's have proposed three compromise plans which would alleviate the Bayshores appellants concerns regarding views and proximity of vessels to the appellants homes. If a satisfactory compromise cannot be reached, I respectfully request that you approve the plan already approved by the Harbor Commission on January 9, 2019 as it is the safer plan that moves dredging much farther from their homes. Mary and Bob Bacon 11 Rue St. Cloud NB 92660 15-33 ATTACHMENT E From: Rieff, Kim Sent: Monday, February 25, 2019 3:12 PM To: Miller, Chris Subject: FW: We support the APPEAL of the Bayshore Marina Approved Design From: John Gallagher[mailto:eohngallagher009@gmail.comI Sent: Monday, February 25, 2019 3:11 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: We support the APPEAL of the Bayshore Marina Approved Design Dear City of Newport Beach, My name is John Gallagher. I have been a property owner and community volunteer in Newport Beach since 2001. I recently became aware of a situation that sounded unbelievable at first. The City plans to grant rights to permanently dock very large boats in the waters directly in front of private residents without their approval. After reading more about the situation, I was astonished. It goes completely against what Newport Beach stands for. There are numerous reasons to deny this but consider this point. Those large vessels will be exhausting fumes (diesel exhaust most likely) on a regular basis. Everyone affected (children, senior citizens, etc.) will be in harm's way. Would you do this to your own family ? I implore you to reconsider for numerous reasons, which would takes pages to detail completely. Please remember what was set out in the General Plan from 2006. Quality of life is mentioned 8 times in the Newport Beach General Plan Needs of residents is mentioned 4 times. Privacy is discussed at least 5 times. Placing marina operators needs over that of residents has never been a goal of Newport Beach. If the City is granting these rights to businesses over the rights of its own resident citizens, where does it stop ? For every one of our citizens like me who send this in, there are countless more (likely 86,000+) who would feel the same way if they had the time to review the facts. Please DENY the Approval in Concept to build this marina. 15-34 ATTACHMENT E Thank you for your consideration. John Gallagher 22 Aries Court 15-35 ATTACHMENT E From: Nelson, Jennifer Sent: Wednesday, February 27, 2019 5:23 PM To: Miller, Chris Subject: FW: Appeal of Harbor Commission Decision of Harbor Permit Number 1502-2018 Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 inelson(&newportbeachca.,-ov }� r zrIvI From: Mike Gaffney [mailto:gaffney.mike@gmail.com] Sent: Wednesday, February 27, 2019 5:17 PM To: Dept - City Council<CitVCouncil@newportbeachca.gov> Subject: Re: Appeal of Harbor Commission Decision of Harbor Permit Number 1502-2018 To the Newport Beach City Council members, My wife Bridget and our three children live in the Bayshores community of Newport Beach. We are writing to express our support for our neighbors, specifically the Walcotts, Fischers, and Morrisons who are the appellants in this appeal and would like to see a less impactful plan approved. We will be present at the upcoming city hall meeting on March 12th to show our support for our friends and neighbors. Thank you, Mike & Bridget Gaffney 2652 Crestview Drive Newport Beach, CA 92663 Mike Gaffney ag ffney.mikeggmail.com (310) 616-6037 15-36 ATTACHMENT E From: Newport Marina <info@thenewportmarina.com> Sent: Thursday, February 28, 2019 9:00 AM To: Miller, Chris Subject: Good News to Share 15-37 ATTACHMENT E I am pleased to report that we have been working with Bayshores residents on a compromise design for our three-year effort to replace Newport Marina (Bayshores). It's a wooden marina built in the 1970's and needs to be brought up to harbor building code; and conform to the American With Disabilities Act. 15-38 ATTACHMENT E Four Bayshores residents appealed our design to the city council. They had two concerns with the design; Appellants Concern: Large yachts might block their bay views. Compromise: We have flipped the slips back to the way they are now, so their view is the same as it is now. Appellants Concern: Yachts were too close to their homes creating the possibility that yacht crews might burglarize Bayshores homes. Compromise: We have moved Newport Marina docks back 25 feet away from homes — the exact same distance it is today, thus eliminating their concern of yacht crew burglaries in Bayshores. WHAT'S NEXT? March 12 City Council Hearing. Our city council will hear the appeal at the March 12 meeting, 7:30 p.m. It is a public hearing. We hope they will agree to the compromise we have worked out with the neighbors so we can replace Newport Marina with state-of-the-art docks that comply with all local codes and the American With Disabilities Act. Sincerely, Allyson & Ron Presta Owners, Newport Marina & Bayshores Apartments 15-39 ATTACHMENT E P.S. You can show your support for the compromise Newport Marina plan by clicking on the button below to send an email to all Newport Beach city councilmembers at citycouncil(cDnewportbeachca.aov Newport Marina 1 2888 BAYSHORE DRIVE, NEWPORT BEACH, CA 92663 Unsubscribe cmiller@newportbeachca.gov Update Profile I About our service provider Sent by info@thenewportmarina.com in collaboration with NSWUM'1h 9 Try it free today 15-40 ATTACHMENT E From: Rieff, Kim Sent: Thursday, February 28, 2019 12:47 PM To: Miller, Chris Subject: FW: Mariana Compromise.. -----Original Message ----- From: Peter Kenny [mailto:peterkennv@roadrunner.com] Sent: Thursday, February 28, 2019 12:46 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Peter Kenny <peterkenny@roadrunner.com> Subject: Mariana Compromise.. To City Council, The Kennys approve The Compromise.Peter Kenny 15-41 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 04, 2019 7:54 AM To: Miller, Chris Subject: FW: Support for APPEAL of the Newport Marina Project From: Daniel Good [mailto:good.dan@me.com] Sent: Friday, March 01, 2019 5:29 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Glenn Walcott <glenn.walcott@gmail.com>; Sarah Good <sggood@me.com> Subject: Support for APPEAL of the Newport Marina Project We are residents of the Bayshores neighborhood, adjacent to the Bayshore Apartments and Newport Marina. We are writing again to support the APPEAL of the Newport Marina project. We urge you to reject the 2018 Marina Design Plan, as it is incompatible with private residences. We support the 2019 Compromise Plan Design that puts small boats in front of residences and gives these boats adequate navigable space. There are other solutions available that do not damage the homeowners and also are a win for the marina owner. The 2018 proposal would set a horrible precedent for other marinas to damage the rights of the citizens of Newport Beach. Please do the right thing for the citizens of Newport Beach! Sincerely, Dan and Sarah Good 15-42 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 04, 2019 8:39 AM To: Miller, Chris Subject: FW: We support the APPEAL of the Newport Marina project From: Peter Spasov [mailto:pspasov@hotmail.com] Sent: Sunday, March 03, 2019 10:34 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Glenn Walcott <glenn.walcott@gmail.com> Subject: We support the APPEAL of the Newport Marina project We support the APPEAL of the Newport Marina project. We urge you to reject the 2018 Marina Design Plan, as it is incompatible with private residences. We support the 2019 Compromise Plan Design that puts small boats in front of residences and gives these boats adequate navigable space. Please do the right thing for the citizens of Newport Beach! Thank you, Peter and Lisa 15-43 ATTACHMENT E SAMPLE EMAIL Dear Mayor Dixon and Members of the City Council, It appears that the four Bayshores residents are working towards a compromise with Allyson & Ron Presta for the replacement of Newport Marina located in front of their homes. The compromise protects residents views and alleviates concerns that yacht crews might burglarize Bayshores homes. Bayshores residents and marina tenant's quality of life will be improved by this compromise. 15-44 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 04, 2019 8:41 AM To: Miller, Chris Subject: FW: Newport Marina Compromise -----Original Message ----- From: Susan Letourneau [mailto:susanletourneau@verizon.net] Sent: Monday, March 04, 2019 7:23 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: accounting@prestaproperties.com Subject: Newport Marina Compromise As long time Newport Marina occupants with our 42 Grand Banks yacht, we are in favor of the compromise marina plan the Presta's have recently made with the Bayshore residents. Hopefully the reconstruction will finally be accomplished with your final approval. Sincerely, Lee and Susan Letourneau 15-45 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 04, 2019 12:42 PM To: Miller, Chris Subject: FW: Proposed Marina 2018 Plan and Compromise Plan From: Chip Hanlon [mailto:chiphanlon@gmail.com] Sent: Monday, March 04, 2019 11:58 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Proposed Marina 2018 Plan and Compromise Plan Dear Newport Beach City Council Members - I hope you can all see what an obvious taking the 2018 Marina Design Plan would be and how badly those homes on Bayshore Drive would be affected in terms of increased boat and foot traffic, as well as loss of privacy. What a horrible precedent this city would set by allowing such a gross marina expansion at homeowners' expense -- and without their having at least some say in the matter. It sounds like a compromise plan may be coming into shape? If so, REJECT the original plan and ONLY support the appeal of the Newport Marina project, which proves that those homeowners aren't NIMBYs, they're willing to work with Ron and Allyson Presta. Frankly, the Prestas are lucky those homeowners are being so fair-minded given the nerve of their original plan -- which put the entire expansion in front of four or five private homes and none in front of the parking lot or the apartments owned by the Pretas! ! This isn't a hard one. Do the right thing and support only the compromise version of the Proposed 2018 Marina Plan. Sincerely, Charles Hanlon 15-46 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 04, 2019 1:58 PM To: Miller, Chris Subject: FW: Marina Mayhem by the Prestas From: Tracy Twist [mailto:tracytwist@gmail.com] Sent: Monday, March 04, 2019 1:10 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Marina Mayhem by the Prestas Dear City Council Members, Your voters are your residents. Your responsibility is to your residents. Your tax base is already solid. I fully expect that you will take decisions based on the residents that are affected, not the corporate interests dangling dollars. I support the APPEAL of the Newport Marina project as originally proposed by the Prestas. I urge you to reject the 2018 Marina Design Plan, as it is incompatible with private residences. I support the 2019 Compromise Plan Design that puts small boats in front of residences and gives these boats adequate navigable space. Please do the right thing for the citizens of Newport Beach! Thank you, Tracy Twist Newport Beach Resident and active, sign -displaying voter 15-47 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 11, 2019 8:19 AM To: Miller, Chris Subject: FW: I support the APPEAL of the Newport Marina project From: Thad Martin [mailto:tmartin@hbhca.com] Sent: Wednesday, March 06, 2019 11:21 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Glenn Walcott (glen n.walcott@gmail.com) <glenn.walcott@gmail.com>; Zachary Fischer <zfischer@crossepartners.com> Subject: I support the APPEAL of the Newport Marina project City council members - I am writing to let you know that I support the APPEAL of the Newport Marina project. As a Newport beach resident I urge you to reject the 2018 Marina Design Plan, as it is incompatible with private residences. I put my full support behind the 2019 Compromise Plan Design that puts small boats in front of residences and gives these boats adequate navigable space. Please do the right thing for the citizens of Newport Beach! Thanks, Thad Martin 15-48 ATTACHMENT E From: Rieff, Kim Sent: Monday, March 11, 2019 8:21 AM To: Miller, Chris Subject: FW: Newport Marina From: Newport Marina [mailto:info@thenewportmarina.com] Sent: Wednesday, March 06, 2019 2:00 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Newport Marina (Bayshores) Compromise Moving Forward We appreciate the community's interest in the replacement of the 40 year old docks at Newport Marina and want to provide you a quick update. March 26`h City Council Meeting to Consider Negotiated Compromise We continue to work with the four Bayshores residents that appealed our replacement marina plan. The compromise plan will be considered by the city council on March 26`h. We have been moved from the March 12 meeting agenda. Compromise #1 — We have agreed to flip flop the docks again back to their current existing design, with only very minor building code changes. Their bay view will be the same as it is currently. 15-49 ATTACHMENT E Compromise #2 — We have agreed to set back the replacement docks again to their current existing design (25 feet), to minimize the Bayshore residents fear that yacht crews would jump a 5 foot moat and access the residents back yards. New Issue — Compromise #3 — At great expense we have agreed to install a floating safety barrier to protect Bayshores resident Kevin Moriarity's yacht from possible damage from small boats using the marina. WHAT'S NEXT? Our city council will hear the appeal at the March 26 meeting, 7:00 p.m. It is a public hearing We hope the Bayshore residents will agree to the compromises we have offered on their two key issues, and the new issue protecting Mr. Moriarity's yacht from dings from small boats. We hope to replace Newport Marina's 40 year old docks with state-of-the-art docks that comply with all local codes and the American With Disabilities Act. After spending 3 years and hundreds of thousands of dollars we are back to the original 2015 approved plan that they did not want. Sincerely, Allyson & Ron Presta Owners, Newport Marina & Bayshores Apartments P.S. You can show your support for a compromise Newport Marina plan by clicking on the button below to send an email to all Newport Beach city councilmembers at citycouncil@newportbeachca.gov Newport Marina 1 2888 BAYSHORE DRIVE, NEWPORT BEACH, CA 92663 Unsubscribe citycouncil@newportbeachca.aov Update Profile I About our service provider Sent by info@thenewportmarina.com in collaboration with 15-50 ATTACHMENT E From: Nelson, Jennifer Sent: Wednesday, March 06, 2019 3:58 PM To: Miller, Chris Subject: FW: Bayshores Marina Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 in elsonAn ewportbeach ca.gov From: Gerald Tautenhahn <gerald@pbousa.com> Sent: Wednesday, March 6, 2019 2:07 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: carl tautenhahn <carl@pbousa.com> Subject: Bayshores Marina Dear Mayor Dixon and Members of the City Council, It appears that the four Bayshores residents are workina towards a compromise with Allvson and Ron Presta for the replacement of Newport Marina located in front of their homes. The compromise keeps residents views exactly as they currently are and alleviates concerns that yacht crews might burglarize Bayshores homes. The Presta's have also agreed — at great expense — to install a barrier to protect Mr. Moriarty's yacht from possible dings from small boats accessing the marina. Bayshores residents and marina tenant's quality of life will be improved by this compromise. G Gerald Tautenhahn I COO Photo Booth Options o: 949.287.3755 c: 714.655.7764 www.pbousa.com 15-51 ATTACHMENT E Confidentiality Notice: This E-mail transmission contains information which may be confidential and legally privileged. The information is intended only for the use of the individual or entity named on this E-mail. If you are not the intended recipient, you are hereby notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited, and that the E-mail should be returned to this company immediately. If you have received this E -Mail in error, please contact the sender immediately. Thank you! 15-52 ATTACHMENT E From: Nelson, Jennifer Sent: Wednesday, March 06, 2019 3:47 PM To: Miller, Chris Subject: FW: Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 0nelson@newportbeachca.gov -----Original Message ----- From: Todd Leigh <tleighxx@vahoo.com> Sent: Wednesday, March 6, 2019 3:46 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: We support the APPEAL of the Newport Marina project. We urge you to reject the 2018 Marina Design Plan, as it is incompatible with private residences. We support the 2019 Compromise Plan Design that puts small boats in front of residences and gives these boats adequate navigable space. Please do the right thing for the citizens of Newport Beach! Todd And Julie Leigh C(949) 439-7860 tleighxx@vahoo.com 15-53 ATTACHMENT E From: Nelson, Jennifer Sent: Wednesday, March 06, 2019 4:10 PM To: Miller, Chris Subject: FW: Newport Marina (Baysores) Compromise/Meeting March 26, 2019 Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 jn elsonAn ewportbeach ca.gov From: eldmediate@aol.com <eldmediate@aol.com> Sent: Wednesday, March 6, 2019 4:09 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: eldmediate@aol.com; alron7099@aol.com Subject: Newport Marina (Baysores) Compromise/Meeting March 26, 2019 Dear Mayor Dixon and City Council Members: I am a resident at Bayshore Apartments and have been so for several years now. I know Allyson and Ron Presta (the "Presta's) have taken much care to update to modern standards the docks abutting the Bayshore Apartments. They have met with not only Bayshore boat owners regarding the updating, but have taken great care to meet the concerns of the apartment owners whose apartments face those docks and who would be affected by this project. The Presta's have spent much time and expense addressing and alleviating the concerns of all affected. They care much about their tenants and they seemingly are doing the same with this dock updating project. The docks are old and certainly need updating. The Compromise will cure the current condition of the docks and the concerns of the residents abutting them. 15-54 ATTACHMENT E As a resident, I appreciate all the Presta's have done, and continue to do, to make Bayshore Apartments and the abutting docks a beautiful, safe and great community in which to live. Respectfully submitted, EDNA L. DEEB, ESQ. Attorney/Mediator/Arbitrator 2222 Michelson Drive, Ste. 222-630 Irvine, CA 92612-1332 Cell: 949.683.7728 www.ednadeeblaw.com Unauthorized interception of this email communication could be a violation of Federal law. This document contains confidential information to the sender, which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on the contents of this document is strictly prohibited. If you have received this email in error, please notify us immediately, by telephone, and delete this message from your electronics that receive (i.e., computers, ipads, cellular telephones, etc.). Thank you. Sent from AOL Desktop 15-55 ATTACHMENT E From: Nelson, Jennifer Sent: Thursday, March 07, 2019 7:58 AM To: Miller, Chris Subject: FW: Newport Marina Jennifer Nelson Assistant City Clerk City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3006 in elsonAn ewportbeach ca.,aov From: MARY BACON <mbacon0227@gmail.com> Sent: Wednesday, March 6, 2019 7:54 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Marina Dear Mayor Dixon and members of the City Council: We are hopeful that the four Bayshores residents are working toward a compromise with Allyson and Ron Presta for the replacement of Newport Marina located in front of their homes. The compromise retains residents' views exactly as they currrently are and alleviates concerns that yacht crews might burglarize Bayshores homes. The Pestas have also agreed, at great expense, to install a barrier to protect Mr. Moriarity's yacht from possible dings from small boats accessing the marina. Both the Bayshores residents and marina tenants quality of life will be improved by this compromise. The Prestas have gone above and beyond the call to demonstrate due diligence to attain a fair compromise with their neighbors. We want to see this process concluded at the March 26 City Council meeting so the very important replacement of these 40 -year old docks can begin. Sincerely Mary and Bob Bacon 11 Rue St. Cloud Newport Beach, CA 92660 15-56 ATTACHMENT F RESOLUTION NO. 2019-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MODIFYING THE HARBOR COMMISSION'S APPROVAL OF AN "APPROVAL IN CONCEPT" (PROJECT FILE NO. 1502- 2018) FOR THE REMOVAL AND REPLACEMENT OF A DOCK SYSTEM AT THE PROPERTY LOCATED AT 2888 BAYSHORE DRIVE WHEREAS, an application for an Approval in Concept ("AIC") was filed by Palmo Investments, G.P. (Ron and Allyson Presta), for the removal and replacement of the dock system ("Project" or "AIC") at the property located at 2888 Bayshore Drive, City of Newport Beach, County of Orange, State of California ("Property"); WHEREAS, Newport Beach Municipal Code ("NBMC") Section 17.50.030(B)(4) requires City of Newport Beach Public Works Director (formerly "Harbor Resources Manager") to issue an AIC for all development areas where the Coastal Commission retains coastal development permit authority; WHEREAS, the Property is located within the coastal zone; WHEREAS, on or about September 27, 2018, the Public Works Director issued an AIC, including special conditions, determining that the Project is in compliance with all applicable provisions of NBMC Title 17 entitled "Harbor Code" and the "City of Newport Beach Waterfront Project Guidelines and Standards Harbor Design Criteria Commercial and Residential Facilities" ("Harbor Design Guidelines"); WHEREAS, NBMC Section 17.65.010(A) authorizes appeal of the Public Works Director's decision to the City of Newport Beach Harbor Commission by any interested person; WHEREAS, on or about November 28, 2018, CAA Planning on behalf of Kevin Moriarty, Glen Walcott, Zach Fischer and Terry Morrison ("Appellant") filed a timely appeal of the decision with the basis of the appeal, in pertinent part, being the following: lack of due process/inadequate notice of the Public Works Director's decision and inadequate setbacks as required by a prior approval for the Project; 15-57 Resolution No. 2019-30 Page 2 of 6 WHEREAS, on or about January 9, 2019, the Newport Beach Harbor Commission held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of the time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and NBMC Chapter 20.62. Evidence, both written and oral, was presented to, and considered by, the Harbor Commission at the public hearing. At the conclusion of the public hearing, the Harbor Commission voted to uphold the Public Works Director's decision to approve the AIC; WHEREAS, on or about January 22, 2019, the Appellant filed a timely appeal of the AIC with the basis of the appeal, in pertinent part, being the following: approval is inconsistent with prior 2016 approval; approved plan is incompatible with surrounding residences; approval sets an unfavorable precedent; and the approval was in violation of C EQA; WHEREAS, on or about February 12, 2019 and March 12, 2019, a public hearing before the City Council was noticed to take place in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, however, in each instance, the public hearing was continued to March 12, 2019 and March 26, 2019, respectively. Notice of the time, place and purpose of each public hearing was given in accordance with the Ralph M. Brown Act and NBMC Chapter 20.62; WHEREAS, on or about March 26, 2019, the City Council held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. Notice of the time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and NBMC Chapter 20.62. Evidence, both written and oral, was presented to, and considered by, the City Council at the public hearing; WHEREAS, Section 17.50.040(A) authorizes the City to issue Harbor Development Permits upon the determination that a new permit and/or a revision to an existing permit conforms to the design criteria and all applicable standards and policies in conjunction with plan reviews by the Public Works Department; WHEREAS, after consideration of an appeal, Section 17.65.040(F) authorizes the reviewing body to affirm, modify or reverse the original decision; and WHEREAS, the Applicant has submitted Alternate Layout Option #7.1 ("Modified Project") attached hereto as Exhibit "A" which revises the Project to address the concerns raised by Appellant. 15-58 Resolution No. 2019-30 Page 3 of 6 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds that the Modified Project is exempt from the requirements of CEQA for the following reasons: A. Title 14 of the California Code of Regulations ("CEQA Guidelines") Section 15301 (Class 1) applies to the "operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use." The marina is an existing facility that has been in operation for several decades. The overwater coverage of the new marina will increase from 12,787 square feet to 13,734 square feet. The number of slips will decrease from 53 to 50 with the slip mix remaining balanced. The Modified Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301. B. CEQA Guidelines Section 15302 (Class 2) applies to the "replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced[.]" (CEQA Guidelines Section 15302.) The proposed replacement marina is in the same location and is substantially the same size, purpose and capacity as the marina it replaces. The overwater coverage of the new marina will increase from 12,787 square feet to 13,734 square feet. The number of slips will decrease from 53 to 50 with the slip mix remaining balanced. The Modified Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15302. C. No substantial evidence exists demonstrating that any exception to the applicable categorical CEQA exemptions listed in CEQA Guidelines Section 15300.2 applies. There are no circumstances triggering the unusual circumstances exception set forth in CEQA Guidelines Section 15300.2, subd. (b), and there is no substantial evidence that the Modified Project would have a significant impact on the environment due to those unusual circumstances. Newport Harbor includes a mix of public slips and moorings, residential docks and commercial marinas. Newport Marina is being rebuilt in a manner consistent with the current configuration. The Modified Project is in conformity with the City's Harbor Design Guidelines and the Local Coastal Plan. 15-59 Resolution No. 2019-30 Page 4 of 6 ii. The exception under Section 15300.2, subds. (d) and (e) are inapplicable because the Modified Project is not on a "highway officially designated as a state scenic highway" or on a hazardous materials -related site "which is included on any list complied pursuant to section 65962.5 of the Government Code" because there is no "successive projects of the same type in the same place" occurring as this Project. iii. The exception in Section 15300.2, subd. (f) is also inapplicable since the Modified Project does not affect any historical resources. D. Based on the whole of the administrative record the Modified Project is exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and 15302 and there is no substantial evidence demonstrating that any exception to the categorical exemptions listed in CEQA Guidelines Section 15300.2 applies. Section 2: The adoption of Resolution No. 2019- shall not be interpreted as prohibiting the Applicant from requesting a revision to the AIC as authorized in Section 17.50.040 provided the revision conforms to the design criteria and all applicable standards and policies. Section 3: The City Council does hereby modify the Harbor Commission's decision and directs the Public Works Director to process for approval the Modified Project set forth in Exhibit "A" subject to any special conditions required by the Public Works Director. The City Council's decision is made in accordance with NBMC Section 17.50.040 and is supported by the following findings and facts: A. Section 17.50.040(A) and (B)(1). The Modified Project conforms to the design criteria and all applicable standards and policies in conjunction with plan reviews by the City. Facts in Support of Finding. The Modified Project conforms to the City's Harbor Design Guidelines, including, but not limited to, the following: 1) the finger widths are within the lengths required in Section I.A.2.c. Table No. 1 of the Harbor Design Guidelines, 2) an accessible ramp is incorporated in the Modified Project as required by Section I.A.5.b. of the Harbor Design Guidelines and the Federal Americans with Disabilities Act, 3) the Modified Project includes a pierhead line that does not protrude beyond the marina, and 4) no variances are requested or required. B. Section 17.50.040(B)(2). The Modified Project is not likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners. 15-60 Resolution No. 2019-30 Page 5 of 6 Facts in Support of Finding. The Modified Project will not increase navigational congestion in the adjacent channel. The Modified Project does not extend beyond the pierhead line in accordance with NBMC Section 17.35.030. Additionally, the Modified Project will not interfere with rights of others in that the Modified Project is agreeable to both the Applicant and Appellant, the Modified Project includes a camel barrier system at the south end of the Property, and the Project is conditioned so that cleats are not permitted on the southern end of the main headwalk adjacent to 2782 Bayshore Drive. C. Section 17.50.040(B)(3). The Modified Project conforms to the policies and regulations of the certified Local Coastal Program. Facts in Support of Finding. The Dock System is designed and sited so as not to obstruct public access and to minimize impacts to public coastal views and coastal resources. There is currently no public access or a public coastal view within or adjacent to the Property, therefore no public access or views will be impacted. The Modified Project is in the same location and is substantially the same size, purpose and capacity as the marina it replaces. ii. The Dock System is designed and sited to be harmonious with the natural appearance of the surrounding area. The Modified Project is a replacement of the existing marina, but in a marginally different configuration. The Modified Project will not be out of character with the surrounding area, and is substantially the same size, purpose and capacity as the marina it replaces. The Dock System is designed and sited and makes use of materials that will minimize and, where feasible, avoid impacts to eelgrass and marine habitat. The Modified Project is sited to minimally impact eelgrass where it was surveyed in 2018. iv. The Dock System will increase the overall water coverage from 12,787 square feet to 13,734 square feet, in part, to comply with the current dock design standards. V. The Dock System is designed and sited to the water's depth and accessibility. D. Section 17.65.040(F). When a decision is modified or reversed, the appellate (or reviewing) body shall state the specific reasons for modification or reversal. 15-61 Resolution No. 2019-30 Page 6 of 6 Facts in Support of Finding The Modified Project is acceptable to the Applicant and address the concerns raised by Appellant while also conforming to all applicable standards as identified in Sections 2.A -C above. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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 by declared invalid or unconstitutional. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 26th day of March, 2019, Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment- Exhibit A - Project No. 1502-2018 Modified Site Plan 15-62 QUO l —1. 9 T� IVNlWCEIbd V LIUIHXH 0 5' Qz o z1, W h - z w w U Q d E� a W o` F U Q- 3: W Z rr�r� g � 0 ] R RI YI9 0 5' Qz o z1, W h - z w w U Q d E� a W o` F U Q- 3: W Z u g a7i HIP �z g. fjtaR 4 w 7xC yya o® a Q� 0 5' Qz o z1, W h - z w w U Q d E� a W o` F U Q- 3: W Z u g a7i HIP �z g. p 4 w N S`wa yya o® a _ Oar, 3a= o a z a Qz o 0 5' Qz o z1, W h - z w w U Q d E� a W o` F U Q- 3: W Z Cl) (O L6 A— u g a7i HIP �z A E p 4 w N S`wa yya o® a _ Oar, 3a= o a z a Qz o Cl) (O L6 A—