HomeMy WebLinkAboutPA2015-113_20230329_CCC_Notice of Proposed Immaterial Permit Amendment1
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COAST AL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562} 590-5071 FAX (562) 590-5084
VWWV.COASTAL.CA.GOV
To:
From:
March 29, 2023
NOTICE OF PROPOSED IMMATERIAL PERMIT
AMENDMENT
Coastal Development Permit Amendment No. 5-15-0087-A2
All Interested Parties
Dr. Kate Huckelbridge, Executive Director
. Subject: Development previously approved pursuant to Coast Development
Permit No. 5-15-0087 granted to the City of Newport Beach and Irvine
Company for: the following landside and waterside development: On the
waterside, 9,900 cubic yards of dredging is proposed and the existing
private marina will be expanded and a new public dock system will be
installed. The existing riprap slope will be removed and replaced with a
new riprap slope landward. On the landward side, the existing surface
parking area and an existing building will be demolished and a new one-
story, 14, 252 square foot restaurant will be constructed. In addition, there
will be grading, hardscape and landscape installed, the parking lot will be
redesigned, a new restroom will be constructed, and a dedicated public
walkway from E. Coast Highway to the new public dock system will be
installed.
Project Site: 201 E. Coast Highway, Newport Beach (Orange County) (APN(s): 050-
451-01, 050-451-02, 050-451-03, 050-451-060, 050-451-09, 050-451-10, 050-451-55,
440-132-39, 440-132-51)
The Executive Director of the California Coastal Commission has reviewed a proposed
amendment to the above referenced permit, which would result in the following
change(s):
Change to the timing mechanism for Special Conditions Nos. 10, 15 and
17 to be satisfied. The content of each of these conditions will remain the
same, but the timing mechanism will be adjusted from "prior to issuance of
the coastal development permit" to "prior to issuance of a certificate of use
and occupancy for the public docks" for each of these three special
conditions. The conditions would be modified as follows, deleted
language is shown in strikethrough and new language is in underlined:
10. County of Orange Approval. PRIOR TO ISSUANCE OF THE CQ.;A,STAL
DEVELOPMENT PERMIT CERTIFICATE OF USE AND OCCUPANCY FOR
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Notice of Proposed Immaterial Permit Amendment
5-15-0087-A2
THE PUBLIC DOCKS, the applicants shall provide to the Executive Director a
copy of a letter of permission or approval from the County of Orange regarding
the proposed project, or evidence that no permit or permission is required.
The applicants shall inform the Executive Director of any changes to the
project required by the County of Orange. Such changes shall not be
incorporated into the project until the applicants obtains a Commission
amendment to this coastal development permit amendment, unless the
Executive Director determines that no amendment is legally required.
15. Offer to Dedicate for Public Access Easement for Vertical Access
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT
CERTIFICATE OF USE AND OCCUPANCY FOR THE PUBLIC DOCKS, and
in order to implement the applicant's proposal, the applicant shall execute
and record a document(s) in a form and content acceptable to the Executive
Director, irrevocably offering to dedicate to a public agency or private entity,
approved by the Executive Director, a public access easement for public
access and recreational uses. The easement shall be an 8-foot wide public
walkway for vertical public access to the public boat dock and Newport Bay.
Such easement shall be located from the northeast corner of the lot adjacent
to E. Coast Highway then along the northern apportion of the site as it travels
west to the public dock and Newport Bay, as generally depicted in Exhibit
No. 2, page 2.
The recorded document(s) shall include a legal description and
corresponding graphic depiction of the legal parcel(s) subject to this permit
and a metes and bounds legal description and a corresponding graphic
depiction, drawn to scale, of the easement area prepared by a licensed
surveyor based on an on-site inspection of the easement or dedicated area.
The public access easement shall be ambulatory, and the easement
boundaries and amenities (e.g., path, trail, benches, etc.) shall move inland
within the permittee's property, if relocation and/or reconstruction of access
amenities in the easement area are necessary to retain their continuity and/or
utility. No development except for construction of the public walkway,
including paving hardscape, landscape, utilities, public access amenities, and
signage as necessary, shall occur within the above-identified easement.
B. The irrevocable offer to dedicate shall be recorded free of prior liens and any
other encumbrances that the Executive Director determines may affect the
interest being conveyed. The document shall provide that the offer of
dedication shall not be used or construed to allow anyone to interfere with
any rights of public access acquired through use which may exist on the
property.
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March 29, 2023
Notice of Proposed Immaterial Permit Amendment
5-15-0087-A2
C, The irrevocable offer .to dedicate shall run with the land in favor of the People
of the State of California, binding successors and assigns of the applicants or
landowner in perpetuity, and shall be irrevocable for a period of 21 years,
such period running from the date of recording, and indicate that the
restrictions on the use of the land shall be in effect upon recording and
remain as covenants, conditions and restrictions running with the land in
perpetuity, notwithstanding any revocation of the offer.
17. Deed Restriction. PRIOR TO ISSUANCE OF THE CO·\STAL
DEVELOPMENT PERMIT CERTIFICATE OF USE AND OCCUPANCY FOR
THE PUBLIC DOCKS, the applicants shall submit to the Executive Director
for review and approval documentation demonstrating that the landowners
have executed and recorded against the parcel(s) governed by this permit a
deed restriction, in a form and content acceptable to the Executive Director:
( 1) indicating that, pursuant to this permit, the California Coastal Commission
has authorized development on the subject property, subject to terms and
conditions that restrict the use and enjoyment of that property; and (2)
imposing the Special Conditions of this permit as covenants, conditions and
restrictions on the use and enjoyment of the Property. The deed restriction
shall include a legal description of the entire parcel or parcels governed by
this permit. The deed restriction shall also indicate that, in the event of an
extinguishment or termination of the deed restriction for any reason, the terms
and conditions of this permit shall continue to restrict the use and enjoyment
of the subject property so long as either this permit or the development it
authorizes, or any part, modification, or amendment thereof, remains in
existence on or with respect to the subject property.
FINDINGS
Pursuant to 14 Cal. Admin. Code Section 13166(b) this amendment is considered to be
IMMATERIAL and the permit will be amended accordingly if no written objections are
received within ten working days of the date of this notice. If an objection is received,
the amendment must be reported to the Commission at the next regularly scheduled
Commission hearing. The Executive Director has determined this proposed
amendment to be "immaterial" for the following reason(s):
The proposed development will not result in adverse impacts to marine
resources/water quality, or visual resources, and is consistent with the hazards
and public access policies of the Coastal Act. The amendment will modify the
timing mechanisms for Special Conditions Nos. 10, 15 and 17 to be satisfied by
adjusting the language from "prior to issuance of the coastal development permit"
to "prior to issuance of a certificate of use and occupancy for the public docks."
The proposed language changes will allow additional time for the applicant to
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March 29, 2023
Notice of Proposed Immaterial Permit Amendment
5-15-0087-A2
comply with these special conditions. The applicant has submitted materials in
compliance with all other special conditions and is working with Commission
planning and legal staff to satisfy these three remaining conditions. The content
of these three conditions will remain, no other changes to the remaining special
conditions are proposed, and the project description will not change. The
applicant must still satisfy these three conditions prior to enjoying use of the
private development authorized by the permit, and the conditions must be
satisfied prior to opening of the public amenities required by the permit. The
proposed timing adjustment will enable construction of the public amenities to
commence more quickly. Therefore, the proposed amendment is consistent with
the underlying Commission-approved Application No. 5-15-0087 and is consistent
with the Chapter 3 policies of the Coastal Act and the certified Newport Beach
LCP.
If you wish to register an objection to the processing of this amendment application as
an immaterial amendment, please send the objection in writing to the address above.
If you have any questions about this notice, please contact Fernie Sy at
Fernie.Sy@coastal.ca.gov.
Original on File signed by:
Fernie Sy
Coastal Program Analyst
cc: Commissioners/File
!---~ ei_ !~
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY
CALIFORNIA COAST AL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN.BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562) 590-5071 FAX (562) 590-5084
WWW.COASTAL.CA.GOV
RECEIVED BY
COMMUNITY
DEVELOPMEN t
APR 11 2023
CITY OF
NEWPORT BEACH
GAVIN NEWSOM, GOVERNOR
NOTICE OF PROPOSED PERMIT EXTENSION
Date: March 29, 2023
To: All Interested Parties
From: Karl Schwing, Deputy Director
Fernie Sy, Coastal Program Analyst
Subject: Extension to Coastal Development Permit (CDP) No. 5-15-0087
Applicants: City of Newport Beach and California Recreation Company
Original CDP Approval
CDP No. 5-15-0087 was approved by the Coastal Commission on February 9, 2017,
and provided for the following landside and waterside development: On the waterside,
9,900 cubic yards of dredging is proposed and the existing private marina will be
expanded and a new public dock system will be installed. The existing riprap slope will
be removed and replaced with a new riprap slope landward. On the landward side, the
existing surface parking area and an existing building will be demolished and a new
one-story, 14, 252 square foot restaurant will be constructed. In addition, there will be
grading, hardscape and landscape installed, the parking lot will be redesigned, a new
restroom will be constructed, and a dedicated public walkway from E. Coast Highway to
the new public dock system will be installed.
Previous CDP Extension
The expiration date of CDP No. 5-15-0087 was previously extended by one year to
February 9, 2023. The Commission's reference number for this proposed extension is
CDP No. 5-15-0087-E4.
Proposed CDP Extension
The expiration date of CDP No. 5-15-0087 would be extended by one year to February
9, 2024. The Commission's reference number for this proposed extension is CDP No.
5-15-0087 -ES.
Executive Director's Changed Circumstances Determination
Pursuant to Title 14, Section 13169 of the California Code of Regulations, the Executive
Director of the California Coastal Commission has determined that there are no
changed circumstances affecting the approved development's consistency with the
certified City of Newport Beach Local Coastal Program and/or Chapter 3 of the Coastal
Act, as applicable.
Coastal Commission Review Procedure
The Executive Director's determination and any written objections to it will be reported
to the Commission on Wednesday, April 12, 2023. If three or more Commissioners
object to the Executive Director's changed circumstances determination at that time, a
• --~ t~' Coastal Development Permit (CDP) Extension 5-15-0087-ES
Page2 of2
full hearing on whether changed circumstances exist will be scheduled pursuant to the
Commission's regulations.
If you have any questions about the proposal or wish to register an objection,
please contact Fernie Sy at fernie.sy@coastal.ca.gov in the South Coast District
office.
Sincerely,
Dr. Kate Huckelbridge
Executive Director
FernieSy
Coastal Program Analyst