HomeMy WebLinkAboutBuck Gully - Letter From County PublicWorks F
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
7/17/19
Gregg Ramirez
Principle Planner
Community Development Department
City of Newport Beach
Re: Buck Gully Restoration Plan
On April 24, 2019, the County of Orange authorized the removal of vegetation debris and the placement
of temporary barriers pursuant to County Zoning Code Section 7-9-118.5(h), which exempts the
restoration work from a Coastal Development Permit.
On July 11, 2019, the City of Newport Beach submitted an erosion control plan and restoration plan
(restoration plan) to the County for review. Based on the information provided, the County has
determined that the restoration plan will not require a Coastal Development Permit (CDP) for the
following reasons.
1) Development Project—A majority of the work proposed to be conducted does not meet
the definition of development as defined by the County's CDP regulations. The scope
includes re-planting the habitat which was illegally removed; there is no grading,
removal of materials or major vegetation proposed. Minimal temporary fencing would
be included to ensure the habitat area is protected until the re-planted habitat
established however this would be considered a repair exemption for the reason below.
2) Repair Exemption (Zoning Code Section 7-9-118.5(d) Exemptions) — Repair or
maintenance activities that do not result in an addition to, or enlargement or expansion
of, the object of such repair or maintenance activities needed to protect and re-plant
the affected area are exempt from a CDP.The County believes that the restoration work
would not result in the addition of or enlargement of any damage caused by the illegal
trail.
3) Emergency Exemption (Zoning Code Section 7-9-118.5(h) Exemptions)- The emergency
exemption also allows a public agency to perform a public service as emergency
measures to protect life and property.This restoration work will include hillside erosion
protection along with restoration of critical habitat back to previously undamaged
conditions.
300 K Flower Street,Santa Ana,CA 92703 www.ocpublioworks.com
P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 InfoQOCPW.00gov.com
4) Restoration to previously approved project state — The Newport Coast Local Coastal
Program was approved by the California Coastal Commission on October 10, 1996. The
Local Coastal Program envisioned the development of the Newport Coast Planned
Community including conservation areas, open space areas, and residential tract
developments. Removing the illegal trail and restoring habitat back to previously
undamaged conditions would conform to the original approvals allowed within the Local
Coastal Program.
Based on the exemptions allowed within the County Zoning Code along with further conformance to
previous approvals allowed with the Newport Coast Local Coastal Program, the County believes that no
Coastal Development Permit will be required for restoration work within Buck Gully.
If you have any questions, please feel free to contact me at Colby.Cataldi@ocpw.ocl;ov.com or 714-667-
8860.
Sincerely,
Colb ataldi
Deputy Director
OC Public Works/OC Development Services
Cc: Richard Vuong, Planning Division Manager,OC Development Services
Brian Kurnow, Land Use Manager, OC Development Services
Jim Campbell, Director,Community Development Department,City of Newport Beach
300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com
P.Q.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 1 InfoQQCPW.ocgov.com