HomeMy WebLinkAboutAIC2021003STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY
GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300`�(.} ✓/p �- -"�
LONG BEACH, CALIFORNIA 90802-4830
PH (562) 590-5071 FAX (562) 590-5084 y.l ANT
WWW.COASTAL.CA.GOV
Gee
2 °jryo April 28, 2022
F Permit No. 5-21-0632
OqT QFACH
NOTICE OF ADMINISTRATIVE PERMIT
EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number which
was sent to you on February 18, 2022 and was reported to the Commission on March 9,
2022 is now fully effective. Development of your project is subject to compliance with
all terms and conditions specified in the Administrative Permit.
Should you have any questions please contact our office.
cc: Commissioners/File
Sincerely,
John Ainsworth
Executive Director
Fernie Sy
Coastal Program Analyst
NPL?,02,1 003
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast District Office
301 E Ocean Blvd., Suite 300
Long Beach, CA 90802-4830
(562) 590-5071
q
Application No.:
Applicant:
Agent:
Location:
Project Description:
% cTr <�1z
OAT eFACH
W7b
Staff: F. Sy — LB
Date: February 18, 2022
ADOPTeD.
ADIVITRA7't1'/E1M1T
5-21-0632
Julia Mumma
Ritner Group, Attention Ron Ritner
74 Linda Isle, Newport Beach, Orange County (APN
No. 050-451-33)
l5ulkhead improvements consisting of tiebacks and a
deadman and removal and replacement of an existing
deck cantilevered from the bulkhead associated with
a single-family residence.
EXECUTIVE DIRECTOR'S DETERMINATION
The findings for this determination, and for any special conditions, appear on
subsequentpages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective
until it is reported to the Commission at its next meeting. If one-third or more of the
appointed membership of the Commission so request, the application will be
removed from the administrative calendar and set for public hearing at a subsequent
Commission meeting. Our office will notify you if such removal occurs.
This permit will be reported to the Commission on March 9, 2022. PLEASE NOTE
THAT THIS WILL BE A VIRTUAL MEETING. As a result of the COVID-19 emergency,
and following California Assembly Bill 361, and the Governor's Executive Orders N-1-
22, N-15- 21, N-29-20, and N-33-20, this Coastal Commission meeting will occur
virtually through video and teleconference. Please see the Coastal Commission's Virtual
Hearing Procedures posted on the Coastal Commission's webpage at
5-21-0.632 Agmrna) r
AO pIM9jraUvOPermit
receive a paper copy of the Coastal Commission's Virtual Hearing Procedures pip -se
call 415-904-5202.
Pursuani#q,'I4 C%I. rrl?i. Code Sections 13150(b) and 13158, you must sign the
enclosed duplicate copy acknowledging the permit's receipt and accepting its contents,
including aRconditions, and return it to our office. Following the Commission's meeting,
and once vie have recetvecl the signed acknowledgement and evidence of compliance
witWj(speciialgc ridit5ons; we will send you a Notice of Administrative Permit
Effectiveness.
^A
2
5-21-0632 (Mumma)
Administrative Permit
Contents
STANDARDCONDITIONS........................................................................................................ 4
FINDINGS FOR EXECUTIVE DIRECTORS DETERMINATION....................................................... 4
A. PROJECT DESCRIPTION ....:..............
............
B. WATER QUALITY................................................................................................................7
C. PUBLIC ACCESS .................................................
D. LOCAL COASTAL PROGRAM(LCP).................................................
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)...................................................................8
SPECIAL CONDITIONS ...............................
.......................................................... 8
EXHIBITS
Exhibit No. 1 — Location Mao
Exhibit No. 2 — Site Plan/Elevation Plan
Exhibit No. 3 — Section Plan
3
5-2l. 0632 (Mumma)
Administrative Permit
STANDARD CONDITIONS
Thispermit is granted subject to -the following.standard:conditions:
4
1. Notice of Receipt and Acknowleddinent. Th'e permit is not valid and development
shall not commence until a copy of the, permit,. signed by.the.permittee or
authorized agent, acknowledging receipt of the permit and accepta(tce,`ot the terms
and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the perrp'it WjIl,e,Xptre two yeprs
from the date the Commission voted on the application D, _ .. mentshall be
purswed ina diligent manner and completed in a reasonatile''p'eri'od of time.
Application for extension of the permit must be made prior to the..60r.Ptjoo date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualiflad;person;,provided,
assignee files with the Commission an affidavit accepting all terms and conditions
of the permit.
5. Terms and Conditions Run with the Land. These terms aP0 conoipons snap oe.
_perpetual,eoe pe
- itnOmxtfee-to-bindall
future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages eight through ten.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category
of development, which, pursuant to PRC Section 30624, qualifies for approval by the
Executive Director through the issuance of an Administrative Permit. Subject to
Standard and Special Conditions as attached, said development is in conformity with
the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant
impacts on the environment within the meaning of the California Environmental Quality
Act. If located between the nearest public road and the sea, this development is in
conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION
A. PROJECT DESCRIPTION
The proposed project involves bulkhead improvements consisting of four (4) tiebacks
and a deadman and removal and replacement of an existing deck cantilevered ,
approximately 33 ft. long and 5 ft. wide, from the bulkhead in the same location
associated with a landside single-family residence (Exhibits No. 2-3). An existing
4
5-21-0632 (Mumma)
Administrative Permit
private dock system associated with the landside single-family residence is located
onsite adjacent to the existing cantilevered deck and bulkhead, but no work to it is
proposed with this project.
The subject site is located at 74 Linda Isle in the locked gate community of Linda Isle in
the City of Newport Beach, Orange County (Exhibit No. 1). The proposed cantilevered
deck is associated with the single-family residence on the applicant's landside property.
The proposed cantilevered deck is similar in function to the other cantilevered decks
associated with residential development within Linda Isle. The proposed development is
consistent with past Commission actions in the area.
The landside portion of the property where the proposed four (4) tiebacks and deadman
will be located (existing tiebacks will be left in place) are within the City's permitting
jurisdiction (Exhibit No. 2). This ,portion of the project has been approved by the City of
Newport Beach because it is within the City's permit authority as designated in the
certified, LCP (Title 21 of the Newport Beach Municipal Code). The City Zoning
Administrator approved that portion of the development through Resolution No.
ZA2020-076 (Coastal Development Permit No. CDP2020-1.35).
The remaining portion of the project consisting of the replacement of the existing
cantilevered deck from the bulkhead in the same location is located within the
Commission's original jurisdiction (Exhibite No. 2). The City has issued an Approval-l'n
Concept dated April 22, 2021, for the project and the proposed cantilevered deck has
been designed in compliance with the patio deck standards of Municipal.Code,Section
21.30C.050(Cy)(5).,Specifically, the deck would project a maximum of 5-feet beyond the
bulkhead, maintains minimum setbacks of feet from the prolongations of the side -
property lines; and would be located outside Tidelands Trust, which are mapped State
tidelands administered by the City.
The subject deck cantilevered from the bulkhead is located over submerged land that is
owned and managed by the Linda Isla Community Association. Pursuant to Public
Resources Code section 7552.5, the submerged land is subject to a navigational
easement that, in general, precludes the owner from preventing the public from using
the waters for navigational purposes even if the submerged lands are not public trust
lands. The proposed cantilevered deck will be landward of the designated pierhead line
and, therefore, is not expected to interfere with navigation because pierhead-lines are
established to ensure that docks and piers do not interfere with navigation. In addition,
construction of the proposed cantilevered deck may hinder but would not completely
obstruct the public's ability to access the water areas fronting the applicant's lot for
recreational boating purposes and, as a practical matter, is unlikely to have much
additional impact on public access due to the existence of the private dock that extends
farther out. Thus, the proposed cantilevered deck would not be inconsistent with the
navigational easement over the submerged lands.
There is no direct public pedestrian access to public tidelands through the private
residential lot at the subject site. However, public access to the bay exists in the area
5-21-PH2 (Mumma)
Administrative Permit
across the, -channel from the; Linda,tsle comet -unity along..the•ptibI1Q,welkwa.Ys o'n,Lido
Island an''Balboa Island (Exhtlait,N'o.,J). Tberefore,"tha propgs d,pr4jeet,tloe9 not
result in adverse impacts to public access or recreation. In order to preserve and
maintain access to the public waters if development patterns change in the future or if
there ari effort'to;expand public aceess,,pectal Contiton Ho: 2 is imp stating
that theapproval of a coastal developrrvlent erm'it for protect :does not tnaive any
public fights or interest that exist or may ei5t"sY on the pri3erty
There,is potential'ortheddhar' oemdljtiooreoeuctio1.6debris ttocdastalfrh
waters at the project site. This could reA'gI jr gOyppse,pffeots,din-the mane
environment. The proposed development includes protective measures to ensure that
after cgnstn,atign.',Tto enr that<atl"itapacttei(p�e�,�nd:po,;?cfSiysirrj�itipri) tm water:'
.., 1 }.. •r,Ln.m wi'm iii}J aiiw�`.}h Ar..l.:.i..n!+M�..i_nn} y,.}]hl_fiaM.iaia4ri®Aei� iiYrnirklil�#cclivirvffi�ri�#�.t.5fi" .
water gflality;,1Ab QjU. trrt sip t„-pRseI CA iAit vlVoy 1 wCils�h req�uu s z)tttt is
not limited}a the a'ppropriatei 5§ ei&i4%it ndting 4# or it#trWDbon eptfiprfient)Wdr,:
materials to,nmmim a the pdt n wat�of poNktfatjts to 4ritet isba tahwatf;rs{ Olt '0
continued use and maintenance;bf;'pdi *tot)str Lotion la1FlPs:,As.coridj`tione2i, the
proposed project minimizes impacts to, biological resources consistent with Sections
30230 and 00231 of the Coastal.,Act..
The propQseal deskwill,Ize,cantilevver+ eredothofexf g,_bwlkheaftandrwil(Dave a ,,
A Bulkhead Condititln Report
Job*7507'),,were prepared'foi
Associates; Inc dated Augusl
a project=(cantilevered deck)-(
Report assessed the conditioi
and
of the existing
ut5A
Bulkhead Conditions
"The jetted =in pre -cast concrete panels and'the-cast lin-place coping of the
seawall, along with the cantilevered. deck were found generally in good condition
with minor repairable cracks which is typicalfor'a concrete structure of this
vintage.
Based on our site observation''we-confupe that the -existing seawall is required
to protect d the proposeprincipal structure on the lot. • To'be-able to do so, the
seawall shall be repaired/reinforced as reflectedomthe-enclosed Drawings. S-0
thru-S,2,,,
The Coastal Hazards Analysis Report further states: _.
"inaccordance with the guidance qnd tequireme_t is by California Coastal
Commission; as reflected in the ctQuded area of the enclosed Table 28;,.pased
upon direct interpolation of the data for High emissions 2b90 & 2100 and
Medium-High.Risk Aversion, over the project's planning horizon: of 75 years, the'.
estimated Sea -Level Rise (SLR) for year 2095.shall .be 6,0.0', which is the Sea-
5-21-0632 (Mumma)
Administrativ& Permit
Level Rise for the proposed project. Based on the highest high tide of
+7.88'MLLW (7.70'NAVD88) recorded in the project area, the above established
Sea -Level Rise will account for bay water level of,+13.70'NAVD88"
The Coastal Hazards Analysis Report also states:
"Per City of Newport. Beach Municipal Code standards, we have enclosed Table
28 with interpolated data for High emissions 2090 & 2100 and Low Risk
Aversion. Based on that interpolation, the estimated SLR for year 2095 shall be
approximately 2.95', which -is much smaller than -the governing estimated -SLR for
Medium -High Risk Aversion. Based on the highest high tide of +7,88'MLLW
(7.70'NAVD88) recorded in the project area, the above established Sea -Level
Rise will account for bay water level of`+1CA5'NAVD88.'1
The Coastal Hazards Analysis Repoft.further states:
"if found not adequate for the actual sea level rise over the next 75 years;, the
existing seawall/bulkhead assembly, including the concrete wall at the entire
bayward edge of the new concrete deck, allows tgjflcreasgd;n height=
to+13.7'NAVD88 without further seaward encroachment."
Thus, the proposed development will not adversely affect the condition of the bulkhead,
will not prevent repairs to the bulkhead in the future, and will not prevent sea level rise
adaptation measures which may implemented along and atop the bulkhead in the
future.
B. WATER ,QUALITY
The proposed work will be occurring on, within, or adjacent,fp coastal waters. The
storage or placement of construction material, debris, or waste in a location where it
could be discharged into coastal waters could result in an adverse effect on the marine
environment. To reduce the potential for construction related impacts, on water quality,
the special conditions are imposed requiring, but not limited to, the appropriate storage
and handling of construction equipment and materials to minimize the potential of
pollutants to enter coastal waters. To reduce the potential for post -construction impacts
to water quality the permit requires the continued use and maintenance of post -
construction BMPs. As conditioned, the development conforms to Sections 30230 and
30231 of the Coastal Act.
C. PUBLIC ACCESS
The proposed development will not have any new adverse impact on public access to
the coast or to nearby recreational facilities. Therefore, as conditioned, the proposed
development conforms with Sections 30210 through 30214, Sections 30220 through
30224, and 30262 of the Coastal Act.
5-21-06.42 (Mumma)
D. LOCAL COA,§TA, FKQC;?JRAM,1 (LCFk);,
The proposed -dp' P yidopment isiloq�ted,se��yKard,,olf the mqqn.,h igh,,tidPJinP,P9dJ Yvithin
the Commission's original permit jurisdiction. The standard of review for development
within the Commission's original permit jurisdiction -jqhapter&,of/th ,e: QQAstalA ct. The
�, , ,
City of Newport Beach certified.LCP was certified on January 13, 2017,and may provide
g di dinc64orAe46pMeAt,. AI§rso�`fditiorbclthe. proposed deWIclIgnent is consistent with
�7
Ec,TQA,LlFORNIA,E0W1kQ_hJ ENTAL 'QUALITY1.ACT,(G5.QA), J,
As cRndJYqnJ _jQ0mq1iy,0 �or,additionairfeasi
h
i,
measures available that ;effO. 0hat
the activity may have on the environment.. Therefore, the proposed project, as
conditioned to mitigate the identified 1r#pabtsIj- it"thbliecIsFenvion in eriitallyrdtiliTiagind`
feasible alternative and can be found consistent with the requirements of the Coastal
Act ta&"rm W-CaiiW -IT
SPECIAL CONINT11014W,; I�;!6,
The permit is granted subject to the following special conditions:V
'Z:�rp lit
A. Construction Responsibilities and Debris Removal
1 5"
(1) No demolition or construction materials, equipment, debris; "�
or fe`�
iShall, be,olace P I I habitat I I tq.or stored where]t May enter r drain, r sensitive habitat, reqeiyog
wafer$ or as
l �a.
in, or be s6bjeq w6ive,,wind, rain or tidal er9,6i9'h
ehttlspersign;"
�
Any and all dp6rt4, rqsrQltihqfrorn dymbli.tion or construction activjti6 s,
Pphyj_marin c�rAc.ion_maJt9'GT�'oiI ,sh 11 be remove
d from _th
rojEd gje Wlthih,24q ra of c in8f fhe :project;
orl cp6§trqqtiQn,'dpbris and' s�p_djrnbrrt shall,be removed ffqm
w6r;k 3heeta)s each d5y i6at demblitich or construction occurs, to prevent
the accumulation of sediment and other debris that may be discharged
into coastal waters;
(41 MElchinery or_c"_truQtion,materiaIs. not essential for, projept,,
imprgy.qments will.not.0'e allowed,at any time, in the intqrtidal,70ne;
(5) If turbid
rbid conditions
itions are generated during construction a silt. curtain will be
utilized to control turbidity;
1:
5-21-0632 (Mumma)
Administrative Permit
(6) Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible
but no later than the end of each day;
(7) Non buoyant debris discharged into coastal waters will- be recovered by
divers as soon as possible after loss;
(8) All trash and debris -shall be disposed in the proper trash and recycling
receptacles, at the end of every construction day;
(9) The applicant shall provide adequate disposal facilities for solid waste,
including exce$s concrete, produced during demolition or construction;
(10) Debris shall be disposed of at a legal disposal site or recycled at a
recycling facility. If the disposal site is located in the coastal zone, a
coastal development permit or an amendment to this permit shall be
required before disposal can take place unless the Executive Director
determines that no amendment or new permit is legally required;
(11) All stock piles and construction materials shall be covered, enclosed on
all sides, shall be located as far away as possible from drain inlets and
any waterway, and shall not be stored in contact with the soil;
(12) Machinery and equipment shall be maintained and washed in confined
areas specifically designed to control runoff. Thinners or solvents shall
not be discharged into sanitary or storm sewer systems;
(13) The discharge of any hazardous materials into any receiving waters shall
be prohibited;
(14) Spill prevention and control measures shall be implemented to ensure
the proper handling and storage of petroleum products and other
construction materials. Measures shall include a designated fueling and
vehicle maintenance area with appropriate berms and protection to
prevent any spillage of gasoline or related petroleum products or contact
with runoff. The area shall be located as far away from the receiving
waters and storm drain inlets as possible;
(15) Best Management Practices (BMPs) and Good Housekeeping Practices
(GHPs) designed to prevent spillage and/or runoff of demolition or
construction -related materials, and to contain sediment or contaminants
associated with demolition or construction activity, shall be implemented
prior to the on -set of such activity; and
(16) All BMPs shall be maintained in a functional condition throughout the
duration of construction activity.
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562)590-5071 FAX (562) 590-5084
W W W. COASTAL.CA.GOV
GAVIN NEWSOM, GOVERNOR
April 28, 2022
Permit No. 5-21-0632
NOTICE OF ADMINISTRATIVE PERMIT
EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number which
was sent to you on February 18, 2022 and was reported to the Commission on March 9,
2022 is now fully effective. Development of your project is subject to compliance with
all terms and conditions specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
John Ainsworth
Executive Director
Fernie Sy
Coastal Program Analyst
cc: Commissioners/File
" STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast District Office
301 E Ocean Blvd., Suite 300
Long Beach, CA 90802-4830
(562)590-5071
GAVIN NEWSOM, GOVERNOR
W7b
Staff: F. Sy — LB
Date: February 18, 2022
ADOPTED
ADM
ITRATI/6 "PERMIT
Application No.: 5-21-0632
Applicant: Julia Mumma
Agent: Ritner Group, Attention Ron Ritner
Location: 74 Linda Isle, Newport Beach, Orange County (APN
No. 050-451-33)
Project Description: Bulkhead' improvements consisting of tiebacks and a
deadman and removal and replacement of an existing
deck cantilevered from the bulkhead associated with
a single-family residence.
EXECUTIVE DIRECTOR'S DETERMINATION
The findings for this determination, and for any special conditions, appear on
subsequentpages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective
until it is reported to the Commission at its next meeting. If one-third or more of the
appointed membership of the Commission so request, the application will be
removed from the administrative calendar and set for public hearing at a subsequent
Commission meeting. Our office will notify you if such removal occurs.
This permit will be reported to the Commission on March 9, 2022. PLEASE NOTE
THAT THIS WILL BE A VIRTUAL MEETING. As a result of the COVID-19 emergency,
and following California Assembly Bill 361, and the Governor's Executive Orders N-1-
22, N-15- 21, N-29-20, and N-33-20, this Coastal Commission meeting will occur
virtually through video and teleconference. Please see the Coastal Commission's Virtual
Hearing Procedures posted on the Coastal Commission's webpage at
I
5-29-0632:¢fyturnrne):
receive a paper copy of the Coastal Commission's Virtual Hearing Procedures; :plpa.se .
call 415-904-5202.
Pursua4p�4 �al. % n s. Code sections 13150(b) and 13158, you must sign the
enclosed duplicate copy acknowledging the permit's receipt and accepting its contents,
including all conditions,. and return it to our office. Following the Commission's meeting,
and once vve have received the signed acknowledgement and evidence of compliance
with`aIl=specialecoridifioi s; we will send you a Notice of Administrative Permit
Effectiveness.
2
3-21-06S2 (Mumma)
Administrative Permit
Contents
STANDARDCONDITIONS........................................................................................................ 4
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION....................................................... 4
A. PROJECT DESCRIPTION...............................................................................................................4
B. WATER QUALITY................................................................................. 7
..............................
C. PUBLIC ACCESS...........................................................................................................................7
D. LOCAL COASTAL PROGRAM (LCP)...............................................................................................8
E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).................... ...............8
SPECIALCONDITIONS.................................................................................... 8
.................
EXHIBITS
Exhibit No. 1 — Location Map
Exhibit No. 2 — Site Plan/Elevation Plan
Exhibit No. 3 Section Plan
3
5-21-0632 (Mumma)
Administrative Permit
STANDARD CONDITIONS
This permit is granted subject to the following standard conditions:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or
authorized agent, acknowledging receipt of the permit and acceptance of the terms
and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two, years
from the date the Commission voted on the application. Development shall be
pursued in a diligent manner•and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified.person, provided
assignee files with the Commission an affidavit accepting all terms and conditions
of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages eight through ten.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category
of development, which, pursuant to PRC Section 30624, qualifies for approval by the
Executive Director through the issuance of an Administrative Permit. Subject to
Standard and Special Conditions as attached, said development is in conformity with
the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant
impacts on the environment within the meaning of the California Environmental Quality
Act. If located between the nearest public road and the sea, this development is in
conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION
A. PROJECT DESCRIPTION
The proposed project involves bulkhead improvements consisting of four (4) tiebacks
and a deadman and removal and replacement of an existing deck cantilevered ,
approximately 33 ft. long and 5 ft. wide, from the bulkhead in the same location
associated with a landside single-family residence (Exhibits No. 2-3). An existing
4
"5-21-0632 (Mumma)
Administrative Permit
private dock system associated with the landside single-family residence is located
onsite adjacent to the existing cantilevered deck and bulkhead, but no work to it is
proposed with this project.
The subject site is located at 74 Linda Isle in the locked gate community of Linda Isle in
the City of Newport Beach, Orange County (Exhibit No. 1). The proposed cantilevered
deck is associated with the single-family residence on the applicant's landside property.
The proposed cantilevered deck is similar in function to the other cantilevered decks
associated with residential development within Linda Isle. The proposed development is
consistent with past Commission actions in the area.
The landside portion of the property where the proposed four (4) tiebacks and deadrnan
will be located (existing tiebacks will be left in place) are within the City's permitting
jurisdiction (Exhibit No. 2). This portion of the project has been approved by the City of
Newport Beach because it is within the City's permit authority as designated in the
certified LCP (Title 21 of the Newport Beach Municipal Code). The City Zoning
Administrator approved that portion of the development through Resolution No.
ZA2020-076 (Coastal Development Permit No. CDP2020-135).
The remaining portion of the project consisting of the replacement of the existing
cantilevered deck from the bulkhead in the same location is located within the
Commission's original jurisdiction (Exhibits No. 2). The City has issued an Approval -in
Concept dated April 22, 2021, for the project and the proposed cantilevered deck has
been designed in compliance with the patio deck standards of Municipal Code Section
21.30C.050(G)(5). Specifically, the deck would project a maximum of5-feet beyond the
bulkhead, maintains minimum setbacks of 5 feet from the prolongations of the side
property lines, and would be located outside Tidelands Trust, which are mapped State
tidelands administered by the City.
The subject deck cantilevered from the bulkhead is located over submerged land that is
owned and managed by the Linda Isla Community Association. Pursuant to Public
Resources Code section 7552.5, the submerged land is subject to a navigational
easement that, in general, precludes the owner from preventing the public from using
the waters for navigational purposes even if the submerged lands are not public trust
lands. The proposed cantilevered deck will be landward of the designated pierhead line
and, therefore, is not expected to interfere with navigation because pierhead' lines are
established to ensure that docks and piers do not interfere with navigation. In addition,
construction of the proposed cantilevered deck may hinder but would not completely
obstruct the public's ability to access the water areas fronting the applicant's lot for
recreational boating purposes and, as a practical matter, is unlikely to have much
additional impact on public access due to the existence of the private dock that extends
farther out. Thus, the proposed cantilevered deck would not be inconsistent with the
navigational easement over the submerged lands.
There is no direct public pedestrian access to public tidelands through the private
residential lot at the subject site. However, public access to the bay exists in the area
5-21-0632 (Mumma)
Administrative Permit
across the channel from the Linda Isle communityalong the public walkways on Lido
Island and Balboa Island (Exhibit No. 1). Therefore, the proposed project does not
result in adverse impacts to public access or recreation. In order to preserve and
maintain access to the public waters if development patterns change in the future or if
there is an effort to expand public access, Special Condition No. 2 is imposed stating
that the approval of a coastal development permit for the project does not,waive any
public rights or interest that exist or may exist on the property.
There is potential for the discharge of demolition or construction debris into coastal
waters at the project site. This could result in adverse effects on the marine
environment. The proposed development includes protective measures to ensure that
coastal.waters and marine. resources will not be adversely, affected before, during or
after construction. To ensure that all impacts (pre- and. -post- construction) to.water
quality are-minimized,and to reduce the potential for construction related impacts on
water quality, the Gomm ssion imposes SpeciahCondition No: 1, which requires:, but is
not limited to, the appropriate+storage and handling of construction equipment and
materials to minimize the potential of pollutants to -enter coastal waters; and the
continued use and maintenance of post -construction BMPs. As conditioned,the
proposed project minimizes impacts to biological resources consistent with Sections
30230 and 30231 of the Coastal Act.
The proposed deck will be cantilevered over the.existing bulkhead and will have: a
concrete wall located at the cantilevered deck,edge with a height of +10.70 ft. NAVD88.
A Bulkhead Condition Report and a separate Coastal Hazards Analysis Report, (WSA
Job: #7507) were prepared for the proposed development by,William Simpsons &
Associates, lnc: dated August 4, 2020. The Coastal Hazards Analysis Report assumes
a project (cantilevered deck) design life of seventy-five years. The. Bulkhead Condition
Report assessed the condition of the existing bulkhead and states:
"The jetted -in: pre -cast concrete panels and the cast -in -place coping of the
seawall along with the cantilevered deck were found generally in good condition
with minor, repairable cracks which, is typical fora concrete structure of this
vintage.
Based on our site observation, we conclude that the existing seawall is required
to protect the proposed principal structure on the lot. To be able to do so, the
seawall shall be repaired/reinforced as reflected on the enclosed Drawings S-0
thru S-2."
The Coastal Hazards Analysis. Report further states:
"In accordance with the guidance and requirements by California Coastal
Commission, as reflected in the clouded area of the enclosed Table 28, based
upon direct interpolation of the data for High emissions 2090 & 2100 and
Medium -High Risk Aversion, over the project's planning horizon of 75 years, the
estimated Sea -Level Rise (SLR) for year2095 shall be 6.00', which is the Sea-
0
5-21-0632 (Mumma)
Administrative Permit
Level Rise for the proposed project. Based on the highest high tide of
+7.88'MLLW (7.70'NAVD88) recorded in the project area, the above established
Sea -Level Rise will account for bay water level of +13.70'NAVD88."
The Coastal Hazards Analysis Report also states:
"Per City of'Newport Beach Municipal Code standards, we have enclosed Table
28 with interpolated data for High emissions 2090 & 2100 and Low Risk
Aversion. Based on that interpolation, the estimated SLR for year 2095 shall be
approximately 2.95', which is much smaller than the governing estimated SLR for
Medium -High Risk Aversion. Based on the highest high tide of +7.88'MLLW
(7.70'NAVD88) recorded in the project area, the above established Sea -Level
Rise will account for bay water level of +10.65'NAVD88."
The Coastal Hazards Analysis Report further states:
"If found not adequate for the actual sea level rise over the next 75 years, the
existing seawall/bulkhead assembly, including the concrete wall at the entire
bayward edge of the new concrete deck, allows to be increased in height
to+13.7'NAVD88 without further seaward encroachment."
Thus, the proposed development will not adversely affect the condition of the bulkhead,
will not prevent repairs to the bulkhead in the future, and will not prevent sea level rise
adaptation measures which may implemented along and atop the bulkhead in the
future.
B. WATER QUALITY
The proposed work will be occurring on, within, or adjacent to coastal waters. The
storage or placement of construction material, debris, or waste in a location where it
could be discharged into coastal waters could result in an adverse effect on the marine
environment. To reduce the potential for construction related impacts on water quality,
the special conditions are imposed requiring, but not limited to, the appropriate storage
and handling of construction equipment and materials to minimize the, potential of
pollutants to enter coastal waters. To reduce the potential for post -construction impacts
to water quality the permit requires the continued use and maintenance of post -
construction BMPs. As conditioned, the development conforms to Sections 30230 and
30231 of the Coastal Act.
C. PUBLIC ACCESS
The proposed development will not have any new adverse impact on public access to
the coast or to nearby recreational facilities. Therefore, as conditioned, the proposed
development conforms with Sections 30210 through 30214, Sections 30220 through
30224, and 30252 of the Coastal Act.
5-21-0632 (Mumma)
Administrative Permit
D. LOCAL COASTAL PROGRAM (LCP)
The proposed development is located seaward of the mean high tide line and is within
the Commission's original permit jurisdiction. The standard of review for development
within the Commission's original permit jurisdiction is Chapter 3 of the Coastal Act. The
City of Newport Beach certified LCP was certified on January 13, 2017 and may provide
guidance for development. As conditioned, the proposed development is consistent with
the Chapter 3 policies of the Coastal Act.
E::CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
As conditioned„there are no feasible alternatives or additional :feasible mitigation
measures available that wogJd substantially; jessen any significant adverse:effect=that
the activity may have on the environment. Therefore, the proposed project, as
conditioned to mitigate the identified impacts, is the -least environmentally,damaging
feasible alternative and can be found consistent with the requirements of the Coastal
Act to conform to CEQA.
SPECIAL CONDITION'S
The permit is granted subject to the following special, conditions:
1. ' Water Quality
A. Construction Responsibilities and Debris Removal
(1) No demolition or construction materials, equipment, debris, or waste
shall be placed or stored where it may enter sensitive habitat, receiving
Waters or a storm drain, or be subject to wave, wind, rain or tidal erosion
and dispersion;
(2) Any and all debris resulting from demolition or construction activities,
and any remaining construction material, shall be removed from the
project site within 24 hours of'completion of the project;'
(3) Demolition or construction debris and sediment shall be removed from
work areas each day that demolition or construction occurs to prevent
the accumulation of sediment and other debris that may be discharged
into coastal waters;
(4) Machinery or construction materials not essential for project,
improvements will not be allowed at any time in the intertidal zone;
(5) If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity;
':3
5-21-0632 (Mumma)
Administrative Permit
(6)
Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible
but no later than the end of each day;
(7)
Non buoyant debris discharged into coastal waters will be recovered by
divers as soon as possible after loss;
(8)
All trash and debris shall be disposed in the proper trash and recycling
receptacles at the end of every construction day;
(9)
The applicant shall provide adequate disposal facilities for solid waste,
including excess concrete, produced during demolition or construction;
(10)
Debris shall be disposed of at a legal disposal site or recycled at a
recycling facility. If the disposal site is located in the coastal zone, a
coastal development permit or an amendment to this permit shall be
required before disposal can take place unless the Executive Director
determines that no amendment or new permit is legally required;
(11)
All stock piles and construction materials shall be covered, enclosed on
all sides, shall be located as far away as possible from drain inlets and
any waterway, and shall not be stored in contact with the soil;
(12)
Machinery and equipment shall be maintained and washed in confined
areas specifically designed to control runoff. Thinners or solvents shall
not be discharged into sanitary or storm sewer systems;
(13)
The discharge of any hazardous materials into any receiving waters shall
be prohibited;
(14) Spill prevention and control measures shall be implemented to ensure
the proper handling and storage of petroleum products and other
construction materials. Measures shall include a designated fueling and
vehicle maintenance area with appropriate berms and protection to
prevent any spillage of gasoline or related petroleum products or contact
with runoff. The area shall be located as far away from the receiving
waters and storm drain inlets as possible;
(15) Best Management Practices (BMPs) and Good Housekeeping Practices
(GHPs) designed to prevent spillage and/or runoff of demolition or
construction -related materials, and to contain sediment or contaminants
associated with demolition or construction activity, shall be implemented
prior to the on -set of such activity; and
(16) All BMPs shall be maintained in a functional condition throughout the
duration of construction activity.
5-21-0632 (Mumma)
Administrative Permit
2. Public Rights and Public Trust
The Coastal Commission's approval, of this permit shall not constitute a waiver of
any public rights that exist or may exist on the property. The permittee shall not use
this permit as evidence of a waiver of any public rights that may exist on the
property now or in the future.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS
I/We acknowledge that Uwe have received a copy of this permit and have accepted its
contents including all conditions.
Applicant's SignatureDate of Signing
10
STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast District Office
301 E Ocean Blvd., Suite 300
Long Beach, CA 90802-4302
(562)590-5071
W7b
5-21-0632 (Mumma)
March 9,, 2022
EXHIBITS
Table of Contents
EXHIBIT NO. 1 — LOCATION MAP................................................................ 2
EXHIBIT NO. 2 — SITE PLAN/ELEVATIQN PLAN..:.... .. ......... .................3
EXHIBIT NO. 3 — SECTION PLAN ......... ......... ......... ........ .................4
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