HomeMy WebLinkAboutCDP 5-07-241STATE OF CALIFORNIA -THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER Governor
CALIFORNIA COASTAL COMMISSIO
South Coast Area Office
200 Oceangale,Suile 1000
Long Beach,CA 90802-4302
(562)590-5071
Filed:February29, 2008
49th Day:April 18, 2008
180thDay: August 27,2008
Staff:Liliana Roman-LB
Staff Report:April 17,2008
Hearing Date:May 7-9,2008
CommissionAction:
STAFF REPORT AND RECOMMENDATION ON
COMBINED COASTAL DEVELOPMENT PERMIT APPLICATION
AND CONSISTENCY CERTIFICATION
COASTAL DEVELOPMENT PERMIT
APPLICATION NO:5-07-241
FEDERAL CONSISTENCY NO:
APPLICANT:
AGENTS:
PROJECT DESCRIPTION:
PROJECT LOCATION:
CC-001-08
The Irvine Company
CAA Planning
Consistency Certification CC-001-08:Transport and off-shore
disposal of up to 34,000 cubic yards of dredge material from
Balboa Marina and adjacent navigational channel dredged to
design depths of -8 feet to -10 feet below mean lower low
water level (MLLW) with off-shore disposal at LA-3.
Coastal Development Permit 5-07-241:Demolition of an
existing 132 slip, 27,643 sq .ft.marina and re-construction of
a new 105 slip,20,931 sq.ft.marina including a reduction
from 67 to 64 concrete guide piles,new lighting,water supply
lines,communication hook ups,pump-out facility and fire
fighting facilities .Construction of a 7,800 sq.ft.eelgrass
habitat as mitigation for direct and potential eelgrass impacts
due to dredging activities associated with the project.
Improvements to existing seawall also proposed.
Balboa Marina,201 E.Coast Hwy, City of Newport Beach,
Orange County
Offshore Disposal:at EPA approved disposal site known as
LA-3 located approximately 4 miles southwest of the entrance
to Newport Harbor, Orange County
LOCAL APPROVALS RECEIVED: Harbor Resources Division Approval in Concept dated
10/24/07; Harbor Resources Division.Approval in Concept for Seawall Repair,Earth Anchor
Installation dated 1/31/08; and City of Newport Beach approved Mitigated Negative
Declaration for Balboa Marina Dock Replacement #2171-2004, dated 1/3/07.
OTHER AGENCY APPROVALS RECEIVED:U.S.Army Corps of Engineers; Regional Water
Quality Control Board 401 Water Quality Certification and US EPA Suitability Determination
for Balboa Marina Sediments dated 11/27/07
5-07-241 (Irvine Company)and CC-001-08
Page 15 of 18
biologist to monitor least terns during the breeding season,and to make regular reports to the Army
Corps and USFWS .If the monitor determines that the project activities are a detriment to the least
terns' foraging opportunities, the project activities must stop immediately. To assure avoidance of
adverse impacts to nesting birds,the Commission imposes Special Condition 6 requiring a
biological monitor present for dredging and construction activities during the least tern nesting
season and restricting construction if adverse impacts to any sensitive or endangered species are
identified by the biologist.
C.Public Access and Recreation
Section 30210 of the Coastal Act states:
In carrying out the requirement ofSection 4 ofArticle X ofthe California Constitution,
maximum access,which shall be conspicuously posted,and recreational opportunities shall
be provided for all the people consistent with public safety needs and the need to protect
public rights,rights ofprivate property owners,and natural resource areas from overuse.
Section 30212 of the Coastal Act states,in relevant part:
(a)Public access from the nearest public roadway to the shoreline and along the coast shall
be provided in newdevelopment projects except where:[...]
(2)adequate access exists nearby,...
The proposed project is located seaward of the first public road and within coastal waters.The
subject site contains and existing privately owned marina on private land owned and operated by
The Irvine Company. Public access to the bay is available from Coast Hwy.In addition,vertical
access to the bay is available on the bridge leading to Linda Isle immediately east of the of the
project site. Public access to the waterfront is available and the proposed project would not impede
such access. However, the subject site is a private marina facility which leases boat slips to its
members.
Slip Size Mix
In prior permit actions, the Commission has been concerned about the trend towards larger slips in
marinas at the expense of the smaller slips. As larger slips occupy more space in a marina, there is
less space for the smaller slips and the result is fewer overall slips and fewer slips available for the
owners of small vessels. As the trend for larger boats continues and marinas convert their small boat
slips to larger slips,berthing opportunities for the small boat owner will be reduced.While it is difficult
to contend that recreational boating is in fact a "low" cost recreational activity, in general,smaller boats
are less expensive ,and therefore more available to a larger segment of the population than are larger
boats.The Commission has not historically regulated the rates at which marinas rent their slips to the
public.The Commission has,however, regulated the design of a marina in order to ensure that the
redesigned slips conform to the public access and recreation policies of the Coastal Act by providing
the correct balance between the size of slips and the boaters'demand for slips.
Although the trend for new and redeveloped marinas is for larger boats,the demand for small boat slips
still exists .In prior permit actions, the Commission has heard testimony contending that a reduction in
the availability of slips that accommodate smaller boats reduces the option for those who want to own
boats and use the smaller slips. The existing facility does not meet current Americans with Disabilities
Act (ADA) access standards or Department of Boating and Waterways (DBAW) design criteria