HomeMy WebLinkAbout5-15-0087_Staff ReportSTATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION
South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071
STAFF REPORT: REGULAR CALENDAR
Application No.: 5-15-0087
Applicants: Irvine Company & City of Newport Beach
Project Location: 201 E. Coast Highway, City of Newport Beach, (Orange
County) Project Description: The project entails landside and waterside development.
On the waterside, 9,900 cubic yards 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.
Staff Recommendation: Approval with conditions
SUMMARY OF STAFF RECOMMENDATION
Commission staff is recommending APPROVAL of the expansion of the Balboa Marina that
will include an expansion of the private docks and installation of a new public dock. Also, an
existing riprap slope will be removed and replaced with a new riprap slope landward and a
portion of the adjacent existing bulkhead will be trimmed back. In addition, the project entails demolition of the existing parking lot and a private marina restroom facility and reconfiguration
Filed: 7/27/16 180th Day: Waived 270th Day: 4/23/17
Staff: F. Sy-LB Staff Report: 1/25/17
Hearing Date: 2/9/17
Th 10b
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of the parking lot and construction of a new restaurant. The major issues raised by this proposed development concern impacts to marine resources, water quality, visual resources, hazards, and
public access.
There is potential for the project to impact the California Least Tern and the California Brown
Pelican. Therefore, the Commission imposes Special Condition No. 1, which requires a) pre-construction surveys for nesting birds and avoidance of nesting sites during nesting; b) pre-
construction surveys for sensitive species; and c) a requirement for monitoring of the site during
construction to ensure that construction activities do not result in impacts to sensitive species.
The proposed 9,900 cubic yards of dredging will impact two small eelgrass beds in the shallow water area totaling 515 square feet. The applicants state that that the loss of eelgrass will be
mitigated by implementing an eelgrass transplant program at a 1.2 to 1 (mitigation to impact
ratio) such that 618 square feet of eelgrass will be successfully transplanted and have submitted
an eelgrass mitigation plan that discusses this. However, the eelgrass mitigation plan needs to be
revised since the plan states that mitigation will occur concurrently or immediately after project construction. In past permit action the Commission has consistently required mitigation to occur
prior to commencement of construction of the portions of the approved project that would have
direct impacts upon eelgrass beds. In addition, the plan needs to be revised to provide further
detail about the proposed mitigation location at the off-site Balboa Marian Eelgrass Mitigation
Area on the eastern end of the Balboa Marina. Therefore, the Commission imposes Special Condition No. 2, which requires the applicants to submit a revised Eelgrass Mitigation Plan
The eelgrass surveys took place in June and July 2013. However, the project is agendized for the
February 2017 Commission Hearing so the eelgrass surveys, which are valid for 60 days from
the date the survey was taken, will no longer continue to be valid. Thus, the Commission imposes Special Condition No. 3, which identifies the eelgrass surveys that must be conducted
prior to commencement of the project.
A Caulerpa Taxifolia survey was completed for the project site and none was discovered.
However, to verify that no Caulerpa Taxifolia is impacted, a pre-construction Caulerpa Taxifolia survey should be conducted. Therefore, the Commission imposes Special Condition No. 4,
which requires the applicants, prior to commencement of development, to survey the project area
for the presence of Caulerpa Taxilfolia.
During construction and post construction, the proposed project, because of the construction
activity in and near the water, has potential for adverse impacts to water quality and marine
resources. Therefore, as a result, several standard special conditions have been imposed in order
to minimize any impacts to water quality and marine resources the proposed project may result
in: Special Condition No. 5 requires the applicants to implement construction Best Management Practices (BMPs) to protect water quality during landside work; Special Condition No. 6
requires the applicants to implement construction Best Management Practices (BMPs) to protect
water quality during waterside work; Special Condition No. 7 requires the applicants to submit
a Construction Staging Plan; Special Condition No. 8 requires the continued use and
maintenance of post construction BMPs for the long-term berthing of boats; Special Condition No. 9 requires the applicants to submit a landscape plan that only consists of native plants or
non-native drought tolerant plants, which are non-invasive; and Special Condition No. 10
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requires applicants to the submit from the County of Orange a copy of a letter of permission or approval, or evidence that no permit or permission is required prior to the issuance of permit.
Although the applicants’ reports indicate that the site is safe for development at this time, bay
front areas are dynamic environments and may be subject to unforeseen changes. Such changes
may affect shoreline processes. To minimize the project’s potential future impact on shoreline processes, the Commission imposes Special Condition No. 11, which prohibits construction of
any future shoreline protective device(s) to protect the landside development, such as the
proposed restaurant, parking lot and restrooms.
The proposed development is located in an area where coastal hazards exist and can adversely impact the development. Therefore, the Commission imposes Special Condition No. 12, which
requires the applicants to assume the risk of development.
In order to ensure that future development on the site does not occur which could potentially
result in adverse impacts to coastal processes, the Commission imposes Special Condition No. 13, which informs the applicants that future development at the site requires an amendment or a
new coastal development permit.
Because of the developments proximity to the water and provision of public docks, the proposed
project may result in adverse impacts to coastal public access during the operation of the new marina if not adequately signed informing boaters and the public of the public marina and access
locations, and during construction. As a result, special conditions have been imposed in order to
minimize any impacts to public access the proposed project may result in: Special Condition
No. 14 requires the applicants to submit and implement a coastal public access sign plan
identifying the location of the visitor-serving/coastal access directional sign; Special Condition No. 7 requires the applicants to submit a Construction Staging Plan, Special Condition No. 15
requires the applicant, the Irvine Company, to irrevocably offer to dedicate a public access
easement; and Special Condition No. 16 requires that for the life of the restaurant development
located at 201 E. Coast Highway, that sixteen (16) parking spaces will be provided at the 1000
Bayside Drive off-site parking lot for employee parking.
To ensure that any prospective future owners of the property are made aware of the applicability
of the conditions of this permit, the Commission imposes Special Condition No. 17, which
requires the property owner record a deed restriction against the project site.
In February 2017, the City obtained certification of their Local Coastal Plan (LCP). The
landward side of the development is within the City’s jurisdiction; however, since the project
was submitted prior to certification of the City’s LCP, the Commission will be processing the
coastal development permit. The City’s certified LCP is the standard of review for the landside development.
A portion of the proposed development is located seaward of the mean high tide 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’s certified LCP is advisory in nature and may provide guidance for development.
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TABLE OF CONTENTS
I. MOTION AND RESOLUTION ..................................................................... 5
II. STANDARD CONDITIONS .......................................................................... 5
III. SPECIAL CONDITIONS .............................................................................. 6
IV. FINDINGS AND DECLARATIONS: ........................................................16
A. PROJECT DESCRIPTION AND LOCATION ........................................................................ 16
B. PRIOR COMMISSION PERMIT ACTIONS .......................................................................... 19
C. MARINE RESOURCES/WATER QUALITY ........................................................................ 20 D. VISUAL RESOURCES ...................................................................................................... 32 E. HAZARDS ....................................................................................................................... 33
F. PUBLIC ACCESS .............................................................................................................. 36
G. DEED RESTRICTION ....................................................................................................... 41
H. LOCAL COASTAL PROGRAM (LCP) .............................................................................. 41 I. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ............................................... 41
APPENDICES Appendix A – Substantive File Documents
EXHIBITS
Exhibit No. 1 – Location Maps Exhibit No. 2 – Landside and Waterside Site Plans Exhibit No. 3 – Dredging, Revetment & Bulkhead Plan
Exhibit No. 4 – Eelgrass Location Map
Exhibit No. 5 – Restaurant and Private Marina Restroom Building Plans
Exhibit No. 6 – Figure 4 of the applicants’ Marine Biological Impact Assessment for the Balboa Marina West Project, Newport Bay, Orange County, California prepared by Coastal Resources Management, Inc. dated December 12, 2013 (Revised March 11, 2015)
Exhibit No. 7 – Preliminary Improvement Plan
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I. MOTION AND RESOLUTION
Motion:
I move that the Commission approve Coastal Development Permit No. 5-15-0087
pursuant to the staff recommendation.
Staff recommends a YES vote. Passage of this motion will result in approval of the permit as
conditioned and adoption of the following resolution and findings. The motion passes only by
affirmative vote of a majority of the Commissioners present.
Resolution:
The Commission hereby approves a Coastal Development Permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned is in conformity with both the policies of the Local Coastal Program for the landward portions of the development within the City’s LCP jurisdiction and the provisions of the Coastal Act for the portions of the development within the
Commission’s original permitting jurisdiction. Approval of the permit complies with the
California Environmental Quality Act because either 1) feasible mitigation measures
and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that will substantially lessen any significant adverse
impacts of the development on the environment.
II. 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 on which 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 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
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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.
III. SPECIAL CONDITIONS
This permit is granted subject to the following special conditions:
1. Avoidance of Sensitive Species. A. Nesting Birds. Prior to commencement of any construction activities between February
15 through August 31, a qualified biologist shall conduct a breeding behavior and nesting
survey for birds protected by the United States Fish and Wildlife Service, California Department of Fish and Wildlife, the Migratory Bird Treaty Act, and California species
of special concern within 300 feet of the project site (500 feet for raptors and owls). If
any occupied nests of any sensitive species are discovered, construction activities within
300-feet of the nest (500-feet for raptors and owls) shall be monitored to ensure that
construction noise levels do not exceed 65 dB peak within 100 feet of the nest until the nest is vacated and juveniles have fledged and there is no longer evidence of a second
attempt at nesting. The applicants shall implement a larger buffer if the biologist
recommends a larger buffer from the nest area.
B. Sensitive Species Monitoring. Prior to undertaking any development including, but not
limited to, construction, grading, or excavation, a qualified biologist shall survey the project site to determine whether sensitive bird species, including but not limited to
California Least Tern and/or the California Brown Pelican, are present within 100-feet of
the project site, and whether sensitive plant species, including but not limited to
Sagebrush Scrub. Any identified species shall be flagged for avoidance.
C. An appropriately trained biologist shall monitor the proposed development for disturbance to sensitive species or habitat area. At minimum, monitoring shall occur
once a week during the breeding season, and once every two weeks during the non-
breeding season, during any week in which construction occurs. Daily monitoring shall
occur during development which could significantly impact biological resources such as
construction that could result in disturbances to sensitive species. Based on field observations, the biologist shall advise the applicants regarding methods to avoid
significant impacts which could occur to sensitive species or habitat areas.
D. “Ramp up” pile-driving activities (referred to as a “soft start”) at the start of pile-driving
activities (at the beginning of the day, and at restarting of construction after lunch breaks,
or other pile driving interruptions of longer than 15 minutes).
2. Revised Eelgrass Mitigation Plan. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicants shall submit two (2) copies, for review and approval
of the Executive Director, of a Revised Eelgrass Mitigation Plan for transplanting and
replacement of eelgrass adversely impacted by the project that shall be in substantial conformance with the Marine Biological Impact Assessment For The Balboa Marina West
Project, Newport Bay, Orange County, California prepared by Coastal Resources Management,
Inc. dated December 12, 2013 (Revised March 11, 2015), except as required to be modified as
described below. The plan shall be prepared in consultation with the California Department of
Fish and Wildlife (CDF&W) and the National Marine Fisheries Service (NMFS). The plan shall
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be prepared consistent with the requirements identified below and the requirements of the Southern California Eelgrass Mitigation Policy (SCEMP), including but not limited to the
requirements outlined relative to mapping, and mitigation site, size, techniques, monitoring and
success criteria, but excepting the allowed exclusions and timing requirements that conflict with
the requirements identified below.
1. The plan shall provide that:
(a) All direct eelgrass impacts and shading impacts to eelgrass shall be mitigated at a minimum 1.2:1 (mitigation to impact) ratio; (b) Adverse impacts to eelgrass shall be mitigated on-site to the maximum
extent feasible and, for the portion that cannot feasibly be mitigated on
site, off-site mitigation will take place. The final location of all on-site
and off-site mitigation shall be specifically identified; (c) Additional information regarding the proposed Balboa Marina Eelgrass Mitigation Area discussing the availability of this site as a mitigation
location and further details describing this location and its ability to serve
as a successful location for eelgrass mitigation for the proposed project;
(d) The mitigation site(s) shall be covered with eelgrass at pre-project densities of the impacted site within five years of the initial planting; (e) Prior to commencement of construction of the portions of the approved
project that would have direct impacts upon eelgrass beds, the eelgrass
that would be directly impacted shall be transplanted, along with any
supplementary planting in accordance with subsection (a) above, to the mitigation site(s). (f) A report that describes densities, and recommended maintenance and
replanting measures shall be submitted annually to the Executive Director;
submitted at the end of the proposed five-year period;
(g) A follow-up program shall be implemented if the original program is wholly or partially unsuccessful; (h) A final inventory and map showing the location of existing eel grass beds
within the approved construction area and showing the areas of potential
eel grass disturbance;
(i) An inventory and map showing the location of existing eel grass beds, if any, within the mitigation site(s); and (j) Performance standards that will assure achievement of the mitigation goal
(i.e., attainment of pre-project densities at the mitigation site(s) within five
years).
The permittee shall undertake development in accordance with the approved final plans. Any
proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal
Development Permit unless the Executive Director determines that no amendment is legally
required.
3. Eelgrass Survey(s). A. Pre Construction Eelgrass Survey. A valid pre-construction eelgrass (Zostera marina)
survey shall be completed during the period of active growth of eelgrass (typically March
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through October). The pre-construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall
be prepared in full compliance with the “Southern California Eelgrass Mitigation Policy”
Revision 8 (except as modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California Department of
Fish and Game. The applicants shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each
eelgrass survey and in any event no later than fifteen (15) business days prior to
commencement of any development. If the eelgrass survey identifies any eelgrass within
the project area which would be impacted by the proposed project, the development shall
require an amendment to this permit from the Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the
survey required in subsection A of this condition above, within one month after the
conclusion of construction, the applicants shall survey the project site to determine if any
eelgrass was adversely impacted. The survey shall be prepared in full compliance with the “Southern California Eelgrass Mitigation Policy” Revision 8 (except as modified by
this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicants shall submit the post-construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicants shall replace the impacted eelgrass at a
minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.2:1 (mitigation:impact). The exceptions to the required 1.2:1
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
4. Pre-construction Caulerpa Taxifolia Survey.
A. Not earlier than 90 days nor later than 30 days prior to commencement or re-commencement of any development authorized under this coastal development permit
(the “project”), the applicants shall undertake a survey of the project area and a buffer
area at least 10 meters beyond the project area to determine the presence of the invasive
alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants shall submit the
survey:
(1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted
through William Paznokas, California Department of Fish & Game
(858/467-4218) or Robert Hoffman, National Marine Fisheries Service
(562/980-4043), or their successors.
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D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicants has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no amendment
is legally required.
5. Construction Best Management Practices (BMPs) During Landside Work. The permittees shall comply with the following construction-related requirements:
A. No demolition or construction materials, 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;
B. No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat
areas, streams, wetlands or their buffers;
C. Any and all debris resulting from demolition or construction activities shall be
removed from the project site within 24 hours of completion of the project;
D. 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;
E. All trash and debris shall be disposed in the proper trash and recycling receptacles at
the end of every construction day;
F. The applicants shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction;
G. 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; H. 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;
I. 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;
J. The discharge of any hazardous materials into any receiving waters shall be
prohibited;
K. 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; L. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs)
designed to prevent spillage and/or runoff of demolition or construction-related
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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
M. All BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
6. Construction Best Management Practices (BMPs) During Waterside Work. The permittee shall comply with the following construction related requirements:
A. 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; B. 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;
C. 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;
D. Machinery or construction materials not essential for project improvements will not be
allowed at any time in the intertidal zone;
E. If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity; F. 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;
G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as
possible after loss; H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the
end of every construction day.
I. The applicants shall provide adequate disposal facilities for solid waste, including excess
concrete, produced during demolition or construction;
J. 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;
K. 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;
L. 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; M. The discharge of any hazardous materials into any receiving waters shall be prohibited;
N. 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;
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O. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) 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
P. All BMP’s shall be maintained in a functional condition throughout the duration of
construction activity.
7. Construction Staging Plan. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT the permittee shall submit for the review and approval of the
Executive Director, two (2) full size sets of construction staging plans, which indicate that
the construction staging area(s) and construction corridor(s) will minimize public access impacts to the coast.
1. The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur outside the
staging area and construction corridor identified on the site plan required
by this condition;
(b) Construction equipment, materials, or activity shall not be placed within any habitat area or within 100-feet of any drainages; and (c) The construction staging area will gradually be reduced as less materials
and equipment are necessary.
2 The plan shall include, at a minimum, the following components:
(a) A site plan that depicts:
(1) limits of the staging area(s);
(2) construction corridor(s); and
(3) construction site; and (4) location of construction fencing and temporary job trailer(s); and
(b) A narrative that describes and explains the plan
The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plans shall be reported to the Executive Director. No
changes to the approved final plans shall occur without a Commission amendment to this
Coastal Development Permit unless the Executive Director determines that no amendment is
legally required. 8. Best Management Practices (BMPs) for the Long-Term Berthing of Boats. By
acceptance of this permit the applicants agrees that the long-term water-borne berthing of
boat(s) in the approved boat dock and/or boat slip will be managed in a manner that protects
water quality pursuant to the implementation of the following BMPs.
1. Boat Cleaning and Maintenance Measures:
(a) In-water top-side and bottom-side boat cleaning shall minimize the discharge of soaps, paints, and debris;
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(b) In-the-water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only
detergents and cleaning components that are designated by the
manufacturer as phosphate-free and biodegradable shall be used, and the
amounts used minimized; and
(c) The applicants shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye.
2. Solid and Liquid Waste Management Measures:
(a) All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water, absorbent
materials, oily rags, lead acid batteries, anti-freeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or
federal regulations.
3. Petroleum Control Management Measures:
(a) Boaters will practice preventive engine maintenance and will use oil
absorbents in the bilge and under the engine to prevent oil and fuel
discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance
with hazardous waste disposal regulations. The boaters shall regularly
inspect and maintain engines, seals, gaskets, lines and hoses in order to
prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; (b) If the bilge needs more extensive cleaning (e.g., due to spills of engine
fuels, lubricants or other liquid materials), the boaters will use a bilge
pump-out facility or steam cleaning services that recover and properly
dispose or recycle all contaminated liquids; and (c) Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge
pumps.
9. Native Landscaping, Drought Tolerant Non-Invasive Plants. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and written approval of the Executive Director, two (2) full size sets of landscaping plans
prepared by a qualified licensed professional. The plan shall include the following:
1. Vegetated landscaped areas shall consist of native plants or non-native drought
tolerant plants, which are non-invasive. No plant species listed as problematic
and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.org/), or as may be identified from time to time by
the State of California shall be employed or allowed to naturalize or persist on the
site. No plant species listed as a “noxious weed” by the State of California or the
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U.S. Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources
(See: http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf).
2. A map showing the types, size, and locations of all plant materials that will be on
the site, the temporary irrigation system, topography of the developed site, and all
other landscape features; 3. A schedule for installation of native plants/removal of non-native plants; and
4. The site shall be stabilized immediately with jute matting or other BMPs after any
grading occurs to minimize erosion during the raining season (November 1 to
March 31) if plantings have not been fully established; and
5. Use of reclaimed water for irrigation is encouraged. If using potable water for irrigation, only drip or microspray irrigation systems may be used. Other water
conservation measures shall be considered, such as weather based irrigation
controllers.
The permittee shall undertake development in accordance with the approved final plan. Any
proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally
required.
10. County of Orange Approval. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, 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.
11. No Future Shoreline Protective Device.
A. By acceptance of the permit, the applicants/landowner agrees, on behalf of itself and all successors and assignees, that no new shoreline protective device(s) shall ever be constructed to protect the development approved pursuant to Coastal Development
Permit No. 5-15-0087 including, but not limited to, the restaurant, private marina boater
restroom and any other future improvements in the event that the development is
threatened with damage or destruction from waves, erosion, storm conditions, liquefaction, sea level rise, or any other coastal hazards in the future. By acceptance of this permit, the applicants/landowner hereby waives, on behalf of itself and all successors
and assigns, any rights to construct such devices that may exist under applicable law.
B. By acceptance of this permit, the applicants/landowner further agrees, on behalf of itself
and all successors and assigns, that the landowner shall remove the development authorized by this permit including, but not limited to, the residence, garage, and driveway/patios, if any government agency has ordered that the structures are not to be
occupied due to any of the hazards identified above, or if any public agency requires the
structure to be removed, or if the State Lands Commission requires the structures to be
removed in the event that they encroach on to State tidelands. If any portion of the development at any time encroaches onto public property, the permittee shall either
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remove the encroaching portion of the development or apply to retain it. Any application to retain it must include proof of permission from the owner of the public property. The
permittee shall obtain a coastal development permit for removal of approved
development unless the Executive Director determines that no coastal development
permit is legally required.
12. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit,
the applicants acknowledges and agrees (i) that the site may be subject to hazards from
waves, erosion, storm conditions, liquefaction, flooding, and sea level rise; (ii) to assume the
risks to the applicants and the property that is the subject of this permit of injury and damage
from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and
employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless
the Commission, its officers, agents, and employees with respect to the Commission’s
approval of the project against any and all liability, claims, demands, damages, costs
(including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards.
13. Future Development. This permit is only for the development described in Coastal
Development Permit No. 5-15-0087. Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code Section
30610(a) shall not apply to the development governed by Coastal Development Permit No. 5-
15-0087. Accordingly, any future improvements to the marina and restaurant or any changes
to the parking management plan or use of the site authorized by this permit, including but not
limited to repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a)-(b), shall
require an amendment to Coastal Development Permit No. 5-15-0087 from the Commission
or shall require an additional coastal development permit from the Commission or from the
applicable certified local government.
14. Final Updated Plans.
A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permittee shall submit, for the Executive Director's review and approval, two (2) full size
sets of the following final updated plans, modified as required below: 1. Foundation plans with an included narrative escribing the foundation system
accompanied with a geotechnical analyst prepared by an enginner; and
2. The coastal public access sign plan shall substantially conform with the plans
received on March 1, 2016, 2016, except they shall be modified as required
below: a. The coastal public access sign plan shall show the location of the visitor-
serving/coastal access directional sign(s) located in a conspicuous
locations along E. Coast Highway, in the adjacent parking lot and as near
as possible to the proposed dock; and
b. The proposed sign(s) shall be in compliance with the Coastal Access Sign Program that is a part of the City’s certified LCP.
B. All final updated plans shall be prepared and certified by a licensed professional or
professionals as applicable (e.g., architect, surveyor, geotechnical engineer), based on
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current information and professional standards, and shall be certified to ensure that they are consistent with the Commission’s approval and with the recommendations of any
required technical reports.
C. The permittee shall undertake development in conformance with the approved final
updated plans unless the Commission amends this permit or the Executive Director
determines that no amendment is legally required for any proposed minor deviations.
15. Offer to Dedicate for Public Access Easement for Vertical Access
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, 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 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.
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.
16. Off-Site Parking. The sixteen parking spaces located at the 1000 Bayside Drive off-site
parking lot (as generally depicted on Exhibit No. 1, page 1) must be provided for the life of
the restaurant use located at the project site, 201 E. Coast Highway, Newport Beach. Any
proposed changes to the parking shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.
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17. Deed Restriction. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, 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.
IV. FINDINGS AND DECLARATIONS:
A. PROJECT DESCRIPTION AND LOCATION
The proposed project entails both landside and waterside development, collectively known as
Balboa Marina West. On the waterside, dredging is proposed and the existing private marina
(Balboa Marina) will be expanded and will include the installation of a new public dock system
(Exhibit No. 2, page 2). Also, the existing rock riprap slope on the west side of the marina will
be removed and replaced with a new rock riprap slope landward. In addition, a portion of the existing bulkhead (south of the riprap) adjacent to the existing riprap slope will be revised. On
the landward side, the existing surface parking area and an existing building will be demolished
and a new one-story restaurant will be constructed (Exhibit No. 2, page 1). 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. The project components are more specifically described
below:
Waterside portion of the project includes:
• Expansion of the private marina docks to include 26 new slips. The new docks will be
constructed as an extension of the existing dock structure and access will be from the
existing westerly gangway. The expansion will accommodate a variety of boats
including 14 boats ranging in size from 20-feet to 40-feet and 12 boats ranging in size from 50-feet to 80-feet.
• Installation of new public docks including a new gangway, an additional 8 public
transient slips and the relocation of 4 existing public transient slips for a total of 12 public transient use slips for boats up to 20-feet in length. The new public dock is in the shape of an inverted “E”, with three main fingers. The outer finger is 65-feet in length and 10-
feet in width. The center finger is approximately 51-feet in length and 6-feet in width and
the interior finger is approximately 70-feet in length and 6-feet in width. The main dock
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portion is 85’ in length and will be accessed via an 80-feet ADA accessible gangway. A dedicated public walkway through the parking lot will provide access from the public
dock to the landside. The gangway and the public docks will be maintained by the City.
• The number of available slips will be increased from 105 to 131, which is one fewer slip than originally constructed at Balboa Marina in 1964.
• Installation of the new docks will include the installation of 45 pilings consisting of
fifteen, 20-inch diameter piles and thirty, 16-inch diameter piles to support the docks.
• An existing private gangway will be relocated to the east end of the existing private
marina.
• Dredging of 9,900 cubic yards of material to accommodate the new docks that will
provide for safe navigation and vessel berthing and the dredged materials will be
transported and be disposed of at ocean disposal site LA-3, an Environmental Protection
Agency (EPA) and Commission approved disposal site located approximately 4 miles southwest of the Newport Harbor entrance (Exhibit No. 3).
• The dredging to design depths to accommodate the marina expansion will directly impact
two eelgrass patches totaling 515 square feet (Exhibit No. 4). The loss of eelgrass will
be mitigated at a ratio of 1.2 to 1 (mitigation to impact ratio) such that 618 square feet (57.4 square meters.) of eelgrass will be successfully transplanted at an adjacent off-site
eelgrass mitigation area (eastern end of the Balboa Marina) that was approved as part of a
previous permit for the site, CDP NO. 5-07-241.
• An existing riprap slope on the west side of the marina will be removed and replaced with the new riprap slope constructed 15-feet landward by grading the western portion of land
(paved parking lot) (Exhibit No. 3). The new riprap slope will result in removal of
existing fill material and an increase of 6,772 square feet of waters of the United States.
In addition, a new intertidal mudflat approximately 600 square feet (3.9 feet wide by 155 feet long) in size will be created as a result of the relocated riprap slope. The amount of rip-rap that will be placed is 520 cubic yards. A concrete cap will be poured in place at
the top of the relocated riprap slope at the same elevation of the existing bulkhead (+9
Mean Lower Low Water (MLLW)) which separates the parking lot from the existing
private Balboa Marina. The westerly extent of the existing southern bulkhead will be trimmed back at an angle consistent with the new riprap slope and a concrete cap will be constructed on top of the reconfigured bulkhead (Exhibit No. 3, page 2). Four new 18”
concrete piles supporting the trimmed back bulkhead will be installed on the land side.
• Portions of the new private and public docks will be located over State Tidelands and in this area these tidelands are managed by the County of Orange. Public trust lands must
be protected for public trust allowed uses, such as public recreational piers, visitor-
serving facilities, and boating facilities. Public trust doctrine traditionally describe
navigation, commerce and fisheries as the acceptable uses within public tidelands, but
these uses have been broadened to include the right of the public to fish, hunt, bathe, swim; boating and general recreation; preservation; scientific study; use as open space;
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and the right of the public to use the bottom of the navigable waters for anchoring, walking, or standing. The applicants have stated that approval from the County of
Orange is necessary and that they have been in discussions with the County and an
approval is pending.
Landside portion of the project includes:
• Demolition of the existing surface parking lot and the 1,200 square foot yacht
brokerage/restroom building.
• Construction of a new, one-story, 24-‘9” high, 14,252 square foot restaurant with a net
public area of 9,030 square feet and a west facing outdoor deck with a 1,255-squre feet of
outdoor dining area (Exhibit No. 5). An outdoor patio deck is proposed that will wrap
around the west and south elevations of the restaurant. Outdoor dining is limited to the west side of the restaurant. The south side is accessible only to provide egress consistent
with building and fire codes. The restaurant will be supported by a pile foundation.
• Construction of a new 644 square foot private marina restroom for the use of the Balboa Marina lessees and guests (Exhibit No. 5 page 2-7).
• Dedication of an 8-foot-wide public walkway from E. Coast Highway to the public dock
(Exhibit No. 2, page 2).
• Redesign of the parking lot to improve traffic circulation resulting in 250 parking spaces
plus 44 tandem/valet-stacked parking spaces for a total of 294 parking spaces.
• Grading consisting of 3,381 cubic yards of cut and 3,761 cubic yards of fill.
• Installation of a 3-foot-high landscape screening between the waterside and the parking
lot.
The project site consisting of an existing parking lot and marina is located in the northern portion
of Lower Newport Bay at 201 E. Coast Highway, City of Newport Beach (Orange County)
adjacent to the E. Coast Highway bridge over the portion of Newport Harbor where Lower
Newport Bay and Upper Newport Bay meet (Exhibits No. 1). The existing facility known as the
Balboa Marina is privately owned/operated and accessible to slip lessees and not open for general public use. This landward portion of the facility is on privately owned land and located
between the first public road and the sea and the marina is located in Lower Newport Bay. A
portion of the existing parking lot at the Balboa Marina and the water area immediately adjacent
to the western terminus of the parking lot were previously used for approximately 40 years by
the Reuben E. Lee Riverboat restaurant and later by the Newport Harbor Nautical Museum (the Riverboat has since been dismantled and removed from the site). The landward side of the
project site is designated Recreational and Marine Commercial under the City’s certified Local
Coastal Plan (LCP) and the proposed project adheres to that use. The State Lands Commission
does own title interest in the western portion of the property that is in an area that is subject to
the public easement in navigable waters and is the location of portions of the proposed marina expansion. The project site is surrounded by commercial uses and E. Coast Highway to the
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north, Bayside Drive to the east, Newport Bay channel to the west, and single-family residential developments to the south across the side channel at the private gated community of Linda Isle.
There are commercial areas immediately adjacent to and east of the site that consists of
restaurants (SOL Mexican Cocina Restaurant and 3 Thirty 3 Waterfront Restaurant, an office
building and a surface parking lot.
B. PRIOR COMMISSION PERMIT ACTIONS
1. Previous Commission Permit Action Near the Project Site
On July 11, 1977, the Commission granted to The California Department of Transportation,
Coastal Development Permit No. P-5-25-77-987 for development consisting of: construction of a new bridge over Upper Newport Bay that included redesign and reconstruction of Coast
Highway intersections at Dover Drive and Bayshore Drive. One (1) Special Condition was
imposed that required an analysis of toxicity levels of the proposed fill material.
On August 2013, the Commission granted to The Irvine Company, Coastal Development Permit No. 5-93-125 for development consisting of: subdivision of an existing single parcel into four
parcels. No Special Conditions were imposed.
2. Previous Commission Permit Action at the Project Site
On May 6, 2005, the Commission granted to The Irvine Company, Exemption No. 5-05-059 for
development consisting of: repair of approximately 2,000 linear feet of a concrete sheetpile bulkhead located at the Balboa Marina. The repairs took place on the waterside face of the bulkhead, as well as, the waterside and top surface of the concrete cap. More specifically, the
project entailed: 1) concrete spall repair applied by hand patch or trowel; 2) concrete spall repair
by form and pour or cast–in-place; 3) anti-corrosion coating of reinforcing steel; 4) concrete
crack repairs by epoxy injection; 5) application of migrating corrosion inhibitor; and 6) grouting and sealing of all joints between the concrete sheet piles. Concrete sealants were used for the bulkhead repair. Most repairs took place under dry condition, coordinated with low tide levels.
Repairs that took place from the landward side above the bulkhead used an articulating crane and
from the water, when necessary, where obstructions adjacent to the bulkhead precluded access.
About 25% of the repairs were performed from the water side of the bulkhead and completed by utilizing an approximate 3’ x 5’ floating platform. No debris was allowed to fall onto the docks, boats, or to enter the harbor waters. All debris resulting from construction was removed from the
site and properly disposed of.
On May 7, 2008, the Commission granted to The Irvine Company, Coastal Development Permit No. 5-07-241 for development consisting of: demolition of an existing 132 slip, 27,643 square foot marina and re-construction of a new 105 slip, 20,931 square foot 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. In addition, the project included
construction of a 7,800 square foot eelgrass habitat as mitigation for direct and potential eelgrass impacts due to dredging activities associated with the project. Additionally, improvements to existing bulkhead were also proposed. Six (6) Special Conditions were imposed regarding: 1)
construction responsibilities and debris removal; 2) location of debris disposal site; 3) revised
final plans; 4) Water Quality Management Plan (WQMP); 5) Marine Water Quality Best
Management Practices Program; and 6) biological monitoring. This development, as built,
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represents the existing conditions of the Balboa Marina project site that is the subject of the current development proposal.
C. MARINE RESOURCES/WATER QUALITY
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will
sustain the biological productivity of coastal waters and that will maintain healthy
populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms
and for the protection of human health shall be maintained and, where feasible, restored
through, among other means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface waterflow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.
Section 30232 of the Coastal Act states:
Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided
for accidental spills that do occur.
Section 30233 of the Coastal Act states (in relevant part):
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible
mitigation measures have been provided to minimize adverse environmental effects, and
shall be limited to the following:
(l) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational
channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
(3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes,
new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (4) Incidental public service purposes, including but not limited to, burying cables and
pipes or inspection of piers and maintenance of existing intake and outfall lines.
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(5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.
(6) Restoration purposes.
(7) Nature study, aquaculture, or similar resource dependent activities.
Coastal Land Use Plan, Eelgrass Meadows, Policy 4.1.4-4 states,
Provide for the protection of eelgrass meadows and mitigation of impacts to eelgrass meadows in a comprehensive harbor area management plan for Newport Bay.
Coastal Land Use Plan, Eelgrass Meadows, Policy 4.1.4-5 states,
Where applicable require eelgrass and Caulerpa taxifolia surveys to be conducted as a
condition of City approval for projects in Newport Bay in accordance with operative protocols of the Southern California Eelgrass Mitigation Policy and Caulerpa taxifolia Survey protocols.
Coastal Land Use Plan, Dredging, Diking and Filling, Policy 4.2.3-1 states,
Permit the diking, filling, or dredging of open coastal waters, wetlands, estuaries, and
lakes in accordance with other applicable provisions of the LCP, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects and limited to
the following:
A. Construction or expansion of port/marine facilities.
B. Construction or expansion of coastal-dependent industrial facilities, including commercial fishing facilities, and commercial ferry facilities. C. In open coastal waters, other than wetlands, including estuaries and streams, new or expanded boating facilities, including slips, access ramps, piers, marinas,
recreational boating, launching ramps, and pleasure ferries, and the placement of
structural pilings for public recreational piers that provide public access and recreational opportunities. D. Maintenance of existing and restoration of previously dredged depths in navigational channels, turning basins, vessel berthing, anchorage, and mooring
areas, and boat launching ramps. The most recently updated U.S. Army Corps of
Engineers maps shall be used to establish existing Newport Bay depths. E. Incidental public service purposes which temporarily impact the resources of the area, such as burying cables and pipes, inspection of piers, and maintenance of existing intake and outfall lines.
F. Sand extraction for restoring beaches, except in environmentally sensitive areas.
G. Restoration purposes. H. Nature study, aquaculture, or similar resource-dependent activities. I. In the Upper Newport Bay Marine Park, permit dredging, diking, or filling only for the purposes of wetland restoration, nature study, or to enhance the habitat
values of environmentally sensitive areas.
Coastal Land Use Plan, Dredging, Diking and Filling, Policy 4.2.3-2 states,
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Continue to permit recreational docks and piers as an allowable use within intertidal areas in Newport Harbor.
Coastal Land Use Plan, Dredging, Eelgrass Protection and Restoration, Policy 4.2.5-1 states,
Avoid impacts to eelgrass (Zostera marina) to the greatest extent possible. Mitigate losses of eelgrass at a 1.2 to 1 mitigation ratio and in accordance with the Southern California Eelgrass Mitigation Policy. Encourage the restoration of eelgrass throughout Newport Harbor where feasible.
Coastal Land Use Plan, TMDLs, Policy 4.3.1-8 states,
Protection against the spillage of crude oil, gas, petroleum products, or hazardous
substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur.
Coastal Land Use Plan, NPDES, Policy 4.3.2-1 states,
Promote pollution prevention and elimination methods that minimize the introduction of
pollutants into coastal waters, as well as the generation and impacts of dry weather and polluted runoff.
Coastal Land Use Plan, NPDES, Policy 4.3.2-6 states,
Implement and improve upon best management practices (BMPs) for residences,
businesses, new development and significant redevelopment, and City operations.
Coastal Land Use Plan, NPDES, Policy 4.3.2-7 states,
Incorporate BMPs into the project design in the following progression:
Site Design BMPs.
Source Control BMPs.
Treatment Control BMPs.
Include site design and source control BMPs in all developments. When the combination of site design and source control BMPs are not sufficient to protect water quality as required by the LCP or Coastal Act, structural treatment BMPs will be implemented
along with site design and source control measures.
Coastal Land Use Plan, NPDES, Policy 4.3.2-19 states,
Require parking lots and vehicle traffic areas to incorporate BMPs designed to prevent or minimize runoff of oils and grease, car battery acid, coolant, gasoline, sediments,
trash, and other pollutants to receiving waters.
Coastal Land Use Plan, NPDES, Policy 4.3.2-20 states,
Require commercial development to incorporate BMPs designed to prevent or minimize the runoff of pollutants from structures, landscaping, parking areas, loading and unloading dock areas, repair and maintenance bays, and vehicle/equipment wash areas.
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Coastal Land Use Plan, NPDES, Policy 4.3.2-22 states,
Require beachfront and waterfront development to incorporate BMPs designed to
prevent or minimize polluted runoff to beach and coastal waters.
Coastal Land Use Plan, NPDES, Policy 4.3.2-23 states,
Require new development applications to include a Water Quality Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum extent practicable dry weather runoff, runoff from small storms (less than 3/4" of rain falling over a 24-hour
period) and the concentration of pollutants in such runoff during construction and post-
construction from the property.
Project components relevant to marine habitat/water quality The proposed project includes the development of a new public transient dock area, and an
expansion to the existing private boat slips at the Balboa Marina. Figure 4 of the applicants’
Marine Biological Impact Assessment For The Balboa Marina West Project, Newport Bay,
Orange County, California prepared by Coastal Resources Management, Inc. dated December 12, 2013 (Revised March 11, 2015), see Exhibit No. 6, provides a conceptual plan with the Public Transient Docks shown as Area “A” and the Private Dock Expansion shown as Area “B”.
Both areas will occupy approximately 0.87 acre of water surface owned principally by Irvine
Company. The submerged lands at this location are designated State Tidelands administered and
under the jurisdiction of the County of Orange. Area “A” (Public Transient Dock Area) will provide 12 public boat slips, including the relocation of 4 existing public slips currently located in the private Balboa Marina.
Area B (Private Dock Expansion Area) will add 24 private boat slips accessible from the existing
Balboa Marina and a new private gangway. The expansion will include 10 new slips for boats 20-feet in length and 14 new slips for boats 35-feet and longer. To support the new docks, forty-five piles will be driven into the bay floor. These piles will consist of fifteen, 20-inch diameter
piles and thirty, 16-inch diameter piles. The combined surface area of all piles is 65.9 square
feet.
The development of Area “A” (Public Transient Dock Area) and Area “B” (Private Dock Expansion Area) will require dredging and excavation of approximately 9,900 cubic yards of
material in order to reach project depths of -6 and -10 feet mean lower low water, plus a 2-foot
overdepth allowance to create the depths required for the marina to accommodate the new boat
slips. The area to be dredged consists of intertidal area and a sandy beach area that is north of the site to the E. Coast Highway bridge. The dredged materials will be transported and be disposed of at ocean disposal site LA-3, an Environmental Protection Agency (EPA) and
Commission approved disposal site located approximately 4 miles southwest of the Newport
Harbor entrance. Approximately 5,250 cubic yards of dredged material would be mechanically
dredged, likely via clamshell or excavator type dredges, which would place sediment directly into scows tethered alongside the dredge area. The scows will be towed to the LA-3 using tugboat assistance. Shoreline excavated material accounting for the remaining 4,650 cubic yards
will likely be excavated with a landside track-mounted excavator.
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An existing riprap slope/embankment along the western side of the project will be reconstructed approximately 15-feet landward of the existing riprap slope/embankment to maximize the
number of boat slips. The amount of rip-rap that will be placed is 520 cubic yards. A portion of
the existing cement bulkhead landward of the riprap slope/embankment will also be removed in
order to move the riprap slope/embankment landward. A new cap wall will be installed at the
top of the new riprap slope that connects with the cement bulkhead. As a result of the relocated riprap slope/embankment, new intertidal mudflats approximately 600 square feet (3.9 feet wide
by 155 feet long) in size will be created.
The rock riprap slope/embankment extends bayward into the low intertidal/shallow subtidal area
of Lower Newport Bay. Beyond the riprap, the bay floor consists of silts, sands, and shell debris in the Main Channel of Lower Newport Bay, west of the project site. The southern corner and
bulkheaded portion fronting the Balboa Marina consist of finer, silty sediments.
On the western side of the project site near the main channel, there are two small eelgrass beds in
the shallow water area totaling 515 square feet or 12.6 square meters. Of this total, 379.3 square feet (73.7%) was mapped at the southern edge of the sandy beach and 26.3 % was mapped south
of this location off of the southerly tip of the existing Balboa Marina parking lot. The proposed
dredging will adversely impact these eelgrass beds. The applicants’ Marine Biological Impact
Assessment prepared by Coastal Resources Management, Inc. dated December 12, 2013
(Revised March 11, 2015) states that the loss of eelgrass will be mitigated by implementing an eelgrass transplant program at a 1.2 to 1 (mitigation to impact ratio) such that 618 square feet of
eelgrass will be successfully transplanted at the end of a five-year post-transplant monitoring
period per provisions of the Southern California Eelgrass Mitigation Policy (SCEMP).
The proposed docks and floats would shade 9,045 square feet of shallow water habitat, but would not adversely affect any additional eelgrass, because all of the eelgrass would be removed
during dredging.
1. Fill
The expanded marina will include 45 pilings consisting of fifteen, 20-inch diameter piles and
thirty, 16-inch diameter piles displacing soft bottom habitat to support the dock systems. Placement of the piles will result in fill of coastal waters. Thus, the project must be reviewed for
conformance with Section 30233(a) of the Coastal Act. In order to be consistent with Section
30233(a), a project that involves filling in open coastal waters must meet a three-prong test. The
use must be one of the uses specifically allowed, it must be the least environmentally damaging
alternative, and it must provide adequate mitigation to offset any impacts created by the project.
The piles for the boat docks are proposed to be located in the open coastal waters of Newport
Bay. Since the total 45 piles will support the boat docks, this associated fill would be consistent
with Section 30233(a)(3) of the Coastal Act since it is for a boating-related use.
The placement of the 45 piles is the minimum amount necessary to safely anchor the boat docks. Fewer and/or smaller piles would not adequately secure the boat docks. By using the least
number of piles necessary to accomplish the goal of securing the boat docks, the 45 piles
associated with the boat docks represent the least environmentally damaging feasible alternative
that still achieves the project goal of allowing boat berthing. Therefore, the Commission finds
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the proposed alternative meets the requirements of Section 30233(a)(3) that any project involving fill of coastal waters be the least environmentally damaging feasible alternative.
The proposed recreational boat dock systems, which consist of an expanded private marina and a
new public dock, are allowable and encouraged marine related uses. The project design for the
boat dock includes the minimum sized pilings and the minimum number of pilings necessary for structural stability of the boat docks. Although the hard substrate of the piles is not equivalent to
the displaced soft bottom habitat, the piles do provide an important type of habitat for marine
organisms that is not otherwise widely present in the bay. The hard substrate presents an
opportunity for biological resources to prosper in the area by providing substrate where
organisms, such as algae, barnacles, mussels, and limpets can attach. Many of these organisms are food for fish, whereby increasing the species diversity in the area. Given the size and scale
of the proposed project, the small scale of the soft bottom impact, the proposed hard scape
habitat is the only feasible mitigation measure available to offset the soft bottom impact in this
case.
Part of the proposed project entails the removal of an existing riprap slope on the west side of the
marina and replacement with the new riprap slope constructed 15-feet landward by grading the
western portion of land. The new riprap slope will result in removal of existing landside fill
material and an increase of 6,772 square feet of waters of the United States and its relocation will
create a new intertidal mudflat approximately 600 square feet (3.9 feet wide by 155 feet long) in size. A concrete cap will be poured in place at the top of the relocated riprap slope at the same
elevation of the existing bulkhead (+9 Mean Lower Low Water (MLLW)) which separates the
parking lot from the existing private Balboa Marina along the southern portion of the lot. The
westerly extent of the existing southern bulkhead, approximately 36 to 40 feet, will be trimmed
back and the new end will be angled consistent with the new riprap 2:1 slope and a concrete cap will be constructed on top of the reconfigured bulkhead that will also be supported by four new
18” concrete piles installed on the land side. This project component does not result in any fill of
coastal waters, as what was once landside area is being removed to create an intertidal area.
The applicant reviewed constructing a seawall as an alternative to the riprap. Their marine engineer (URS Corporation) found that a seawall was feasible for the project, but would cause
more construction noise and disturbance in the surrounding environment than riprap
construction; require slightly more grading; potentially encounter subsurface obstructions; and
cost. The applicant determined a rock revetment, as proposed, would be stable and provide the desired additional water space for the proposed docks.
An analysis of the tidal and flood velocities were conducted by the applicant’s engineers. The
analysis used bathymetry survey data from the years 2003 and 2011 for areas upstream of the
Pacific Coast Bridge near the proposed project site. Based on the hydrodynamic model results, the report states that impacts to tidal and flood velocities of the proposed marina extension to
neighboring areas would be localized, manly within a few hundred feet downstream of the PCH
bridge, and that overall tidal currents in the area are small under existing and with the proposed
project conditions, thus, unlikely to cause any erosion. Furthermore, the current condition at the
project site consists of a bulkhead along the southern edge and a rock revetment and marina along the western edge. The proposed project will have a similar revetment, located further
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inland, along with a marina. Therefore, as proposed, the project will not have a significant impact to shoreline processes.
As proposed and designed, the project satisfies all three elements required to find consistency
with Section 30233(a) of the Coastal Act, as well as City of Newport Beach LCP policies, with
respect to the fill component of the proposed project, as listed above.
3. Avian Species
The proposed marina reconstruction will temporarily disturb the waters within the project area
and may impact marine resources. Therefore, mitigation measures are necessary to protect the
biological productivity of coastal waters. The California Least Tern and the California Brown Pelican are identified as endangered species by United States and Fish and Wildlife Service (USFWS) known to exist within the project area. The Least Tern population nests in a site
located three miles from the project site in the Newport Beach Ecological Reserve and typically
forages in open waters within two miles of their nesting site. Newport Bay is not a potential
nesting area for the California Brown Pelican. However, temporary disturbance to the waters within the project area may potentially disrupt foraging areas of these sensitive species. There is
potential for the project to impact these species. Therefore, the Commission imposes Special
Condition No. 1, which requires a) pre-construction surveys for nesting birds and avoidance of
nesting sites during nesting; b) pre-construction surveys for sensitive species; and c) a
requirement for monitoring of the site during construction to ensure that construction activities do not result in impacts to sensitive species.
There are few marine mammals expected in the project area. However, if present, pile driving in
the air and water could result in avoidance behaviors to these marine mammals, such as sea lions
and bottlenose dolphins. Occurrences of these species in the bay have shown that they have the ability to adapt to noise and vessel traffic. Breeding would not be affected because sea lions nor
bottlenose dolphin breed in the harbor. To lessen the potential for impacts to marine mammals,
the applicants has proposed to require slowly ramping up pile-driving activities (referred to as a
“soft start”) at the start of pile-driving activities (at the beginning of the day and at restarting of
construction after lunch breaks or other pile driving interruptions of longer than 15 minutes). As conditioned, the project is consistent with Sections 30230, 30231 and 30233(a) of the Coastal
Act, as well as City of Newport Beach LCP policies, with respect to impacts to avian species, as
listed above.
4. Eelgrass (Zostera marina)
Eelgrass (Zostera marina) is an aquatic plant consisting of tough cellulose leaves, which grows in dense beds in shallow, subtidal or intertidal unconsolidated sediments. Eelgrass is considered important to protect because it functions as important habitat for a variety of fish and other
wildlife, according to the Southern California Eelgrass Mitigation Policy (SCEMP) adopted by
the National Marine Fisheries Service (NMFS), the U.S. Fish and Wildlife Service (USFWS),
and the California Department of Fish and Wildlife (CDFW). For instance, eelgrass beds provide areas for fish egg laying, juvenile fish rearing, and waterfowl foraging. Sensitive species, such as the California least tern, a federally listed endangered species, utilize eelgrass
beds as foraging grounds.
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On the western side of the project site near the main channel the applicants determined the location of two small eelgrass beds in the shallow water area totaling 515 square feet or 12.6
square meters during an eelgrass survey that took place in June and July 2013. Of this total,
379.3 square feet (73.7%) was mapped at the southern edge of the sandy beach and 26.3 % was
mapped south of this location off of the southerly tip of the existing Balboa Marina parking lot.
The proposed dredging will adversely impact these eelgrass beds. The applicants’ Marine Biological Impact Assessment prepared by Coastal Resources Management, Inc. dated
December 12, 2013 (Revised March 11, 2015) states that the loss of eelgrass will be mitigated by
implementing an eelgrass transplant program at a 1.2 to 1 (mitigation to impact ratio) such that
618 square feet of eelgrass will be successfully transplanted at the end of a five-year post-
transplant monitoring period per provisions of the Southern California Eelgrass Mitigation Policy (SCEMP). The location of the eelgrass transplant area will not be at the project site but
near the site at the opposite eastern end of the same marina in the Irvine Company’s Balboa
Marina Eelgrass Mitigation Area, established to mitigate the impacts of the re-construction of the
Balboa Marina in 2008-2009 approved by the Commission in May 2008 under Coastal
Development Permit No. 5-07-241. The applicants state that the mitigation will occur concurrently or immediately after project construction. However, the Commission typically
requires that prior to commencement of construction of the portions of the approved project that
would have direct impacts upon eelgrass beds, the eelgrass that would be directly impacted shall
be transplanted, along with any supplementary planting. This general requirement conflicts with
the applicants’ statement that the mitigation transplanting will occur concurrently or immediately after construction. Therefore, the mitigation plan must be revised so that prior to commencement
of construction of the portions of the approved project that would have direct impacts upon
eelgrass beds, the eelgrass that would be directly impacted shall first be transplanted, along with
any supplementary planting before commencement of construction. As stated previously, the
mitigation site will be near by the project site at the eastern end of the marina at the Balboa Marina Eelgrass Mitigation Area, established to mitigate the impacts of the re-construction of the
Balboa Marina in 2008-2009. The applicants have provided information showing that it is a
successful eelgrass mitigation location. However, the mitigation plan does not provide further
detail about the mitigation location, such as if there is available area within the mitigation site for
additional mitigation for the proposed eelgrass impacts. Therefore, the Commission imposes Special Condition No. 2, which requires the applicants to submit a revised Eelgrass Mitigation
Plan which clarifies that prior to commencement of construction of the portions of the approved
project that would have direct impacts upon eelgrass beds, the eelgrass that would be directly
impacted shall be transplanted, along with any supplementary planting. In addition, the revised eelgrass mitigation plan must provide further detail about the mitigation location, such as if there
is available area within the mitigation site for additional mitigation for the proposed eelgrass
impacts
The proposed docks and floats would shade 9,045 square feet of shallow water habitat, but would not adversely affect any additional eelgrass, because all of the eelgrass would be removed
during dredging.
The eelgrass survey took place in June and July 2013 as required by the City of Newport Beach
Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60-days with the exception of surveys
completed in August-October. A survey completed in August - October shall be valid until the
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resumption of active growth (i.e., March 1). The project is agendized for the February 2017 Commission Hearing so the eelgrass survey, which is nearly 4 years old, no longer continues to
be valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any
construction. Thus, the Commission imposes Special Condition No. 3, which identifies the
eelgrass surveys that must be conducted prior to commencement of the project.
As conditioned, the project is consistent with Sections 30230, 30231, and 30233(a) of the
Coastal Act, as well as Newport Beach LCP policies, with respect to impacts to eelgrass, as
listed above.
5. Caulerpa Taxifolia
In 1999, a non-native and invasive aquatic plant species, Caulerpa Taxifolia, was discovered in
parts of Huntington Harbor (Emergency Coastal Development Permits 5-00-403-G and 5-00-
463-G). Caulerpa Taxifolia is a type of seaweed which has been identified as a threat to
California’s coastal marine environment because it has the ability to displace native aquatic plant
species and habitats. Information available from the National Marine Fisheries Service indicates that Caulerpa Taxifolia can grow in large monotypic stands within which no native aquatic plant
species can co-exist. Therefore, native seaweeds, seagrasses, and kelp forests can be displaced
by the invasive Caulerpa Taxifolia. This displacement of native aquatic plant species can
adversely impact marine biodiversity with associated impacts upon fishing, recreational diving,
and tourism. Caulerpa Taxifolia is known to grow on rock, sand, or mud substrates in both shallow and deep water areas. Since eelgrass grows within the general project vicinity, Caulerpa
Taxifolia, if present, could displace eelgrass in the channels.
A Caulerpa Taxifolia survey was completed in June and July 2013 and none was found. Caulerpa Taxifolia surveys are valid for 90 days. The project is agendized for the February 2017 Coastal Commission Hearing and by this time the Caulerpa Taxifolia survey would not continue to be valid since nearly 4 years have passed since the survey was completed. Thus, an up-to-date
Caulerpa Taxifolia survey must be conducted prior to commencement of the project. In order to
ensure that the proposed project does not cause the dispersal of Caulerpa Taxilfolia, the
Commission imposes Special Condition No. 4, which requires the applicants, prior to commencement of development, to survey the project area for the presence of Caulerpa Taxilfolia. If Caulerpa Taxilfolia is present in the project area, no work may commence and the
applicants shall seek an amendment or a new permit to address impacts related to the presence of
the Caulerpa Taxilfolia, unless the Executive Director determines that no amendment or new
permit is legally required. As conditioned, the project is consistent with Sections 30230, 30231, and 30233(a) of the
Coastal Act, as well as the City of Newort Beach LCP policies, with respect to Caulerpa
Taxifolia, , as listed above.
6. Construction Impacts to Water Quality
Construction will occur on land and directly over and in coastal waters. As such, there is a
possibility that construction phase activities could result in adverse water quality impacts. In
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addition, there is a possibility that improper staging and storage of equipment could have impacts on water quality.
Potential construction phase impacts include improper storage or placement of construction
materials, debris, or waste in a location subject to erosion and dispersion or in a manner which
allows such materials to be discharged into the Lower Newport Bay and coastal waters via rain or urban runoff. These actions would result in adverse impacts upon the marine environment
that would reduce the biological productivity of coastal waters. For instance, construction debris
entering coastal waters may cover and displace soft bottom habitat. In addition, the use of
machinery in coastal waters not designed for such use may result in the release of lubricants or
oils that are toxic to marine life. Sediment discharged into coastal waters may cause turbidity, which can shade and reduce the productivity of foraging avian and marine species ability to see
food in the water column.
The applicants are proposing Best Management Practices (BMPs) for reducing or eliminating
construction-related impacts to water quality during construction, such as: prohibition of discharge of any hazardous materials into the Lower Newport Bay, disposal of trash in suitable
containers on land or on work barges at the end of the construction day, etc.
In order to assure that the proposed project does not result in any accidental or unanticipated
discharges, spills or other activities that could harm marine resources and water quality, and to assure the applicants is aware of their responsibility to provide a debris catching device under
this coastal development permit, the Commission imposes Special Condition No. 5, which
requires the applicants to implement construction Best Management Practices (BMPs) to protect
water quality during landside work. In addition, Special Condition No. 6 is proposed which
requires the applicants to implement construction Best Management Practices (BMPs) to protect water quality during waterside work
Besides adhering to the construction Best Management Practices (BMPs) as required by Special
Condition No. 5 and No. 6 above, a Storm Water Pollution Prevention Plan (SWPPP) should be
prepared for the proposed project that would specifically deal with water quality on site during construction. The applicants have submitted a Storm Water Pollution Prevention Plan (SWPPP)
prepared by Stantec dated February 2016, which adequately deals with water quality on site
during construction.
The applicants have indicated that the construction staging area will be on site and has provided
a plan. However, a narrative explaining the details of the plan has not been submitted. Thus, the
Commission finds that it is necessary to impose Special Condition No. 7, which requires the
applicants to submit a Construction Staging Plan for the Executive Director’s review and
approval.
The proposed dredging and marina construction activities will result in a short-term increase in
turbidity from the discharging of the suspended fine sediments with the liquefied portion of the
dredge material. In addition, accidental oil or fuel spills may occur during the dredging
operation or marina construction that could result in adverse impacts on the fish and wildlife of the harbor. In response to these concerns, the applicants has provided a Marina Dredging
Management Plan prepared by Anchor QEA dated January 2016 Revised February 2016 that has
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addressed these concerns. For example, measures such as implementing silt curtains surrounding the immediate work area at all times during dredging and positioning the dump scow
immediately adjacent to the dredge barge to allow for the clamshell bucket to deposit the dredge
material directly into the scow have been identified in the Plan.
As conditioned, the project is consistent with Sections 30230, 30231, 30232, and 30233(a) of the Coastal Act, as well as City of Newport Beach LCP policies, with respect to landside and
waterside construction impacts to water quality, as listed above.
7. Post-Construction Impacts to Water Quality
The proposed development will result in urban runoff entering the storm water system. Pollutants such as sediments or toxic substances such as grease, motor oil, heavy metals,
pesticides and fertilizers are often contained within urban runoff entering the storm water system.
In this case, the landward site of the development drains a parking lot and new buildings.
Therefore, the primary landside post-construction water quality concerns associated with the
proposed project include, grease, motor oil, heavy metals and trash. The proposed development would result in the discharge of storm water into the storm water conveyance system that would
discharge into the Lower Newport Bay and into coastal waters. The waterside portion of the
project consists of expansion of an existing marina facility. Maintenance activities of the boats
docked in the marina expansion and associated boating activities could result in adverse impacts
to coastal waters. Therefore, the project has the potential to affect the water quality of the coastal waters in Newport Beach. The Commission finds that it is necessary to minimize to the
extent feasible within its jurisdiction the cumulative adverse impacts on water quality resulting
from the proposed project.
In order to deal with these post construction water quality impacts, the applicants has submitted a Water Quality Management Plan (WQMP) (Job No. 1288-001-01) prepared by Fuscue Engineering dated April 23, 2014. While the overall drainage pattern will stay the same on the
landward side of the development, the parking area will be reconfigured necessitating the need
for additional stormwater catch points. These catch points will have side opening catch basins
and they will be interconnected and discharge to a biotreatment device. These devices were selected for use on-site due to the limited amount of landscaping between the buildings and required setbacks. The biotreatment device will convey stormwater to the existing pipe
penetrating the bulkhead and flow into the harbor. Runoff from the proposed building and
southern portion of the parking lot will drain to a proposed StormFilter media filtration unit, to
be located within the garage floor of the proposed building. Post project, a new public dock and expansion of the existing marina will be located on site. The
berthing of boats by the boat dock users and associated boating activities in these new docks
have the potential to adversely impact coastal water quality and marine environment through the
introduction of pollutants associated with boating activities. To reduce the potential for post-construction impacts to water quality from these boats, the Commission imposes Special Condition No. 8, which requires the continued use and maintenance of post construction BMPs
for the long-term berthing of boats. Additionally, in order to maintain water quality and prevent
water quality impacts associated with the marina expansion, the City has submitted the following
document: Management/Clean Marina Plan for Balboa Marina and Balboa Marina West
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prepared by the California Recreation Company received March 1, 2016. The purpose of the Clean Marinas California Program is to encourage marinas and yacht clubs in California to use
BMPs to protect water quality to minimize the introduction of potential pollutants into the Bay as
a result of daily operations, such as regarding debris removal and solid waste management and
boat sewage discharge.
Landscaping is proposed with the project; however, only conceptual landscape plans have been
submitted. The placement of any vegetation that is considered to be invasive which could
supplant native vegetation should not be allowed. Invasive plants have the potential to overcome
native plants and spread quickly. Invasive plants are generally those identified by the California
Invasive Plant Council (http://www.cal-ipc.org/) and California Native Plant Society (www.CNPS.org) in their publications. Furthermore, any plants in the landscape plan should
only be drought tolerant to minimize the use of water (and preferably native to coastal Orange
County). The term drought tolerant is equivalent to the terms 'low water use' and 'ultra low water
use' as defined and used by "A Guide to Estimating Irrigation Water Needs of Landscape
Plantings in California" prepared by University of California Cooperative Extension and the California Department of Water Resources dated August 2000 available
at http://www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf). Thus, the Commission
imposes Special Condition No. 9, which requires the applicants to submit a landscape plan that
only consists of native plants or non-native drought tolerant plants, which are non-invasive for
the Executive Director’s review and approval.
8. Resource Agency Approval
The applicants have received an approved Clean Water Act Section 401 Water Quality
Certification from the Regional Water Quality Control Board (RWQCB) dated July 22, 2015.
Additionally, the U.S. Army Corps of Engineers (USACOE) Rivers and Harbors Act Section 10
Permit are pending.
Since portions of the new private and public docks will be located over State Tidelands managed
by the County of Orange, approval from the County of Orange is necessary and pending. Thus,
the Commission imposes Special Condition No. 10, which requires applicants to the submit
from the County of Orange a copy of a letter of permission or approval, or evidence that no permit or permission is required prior to the issuance of permit
The Southern California Dredged Material Management Team (SC-DMMT), of which the
Commission is a part of, gave their approval for the project at their meeting in January 2014.
The proposed dredging of 9,900 cubic yards of sediment is exempt from coastal development permit requirements, as it involves less than 100,000 cubic yard of sediment within a twelve
month period (California Coastal Commission Regulations, Section 13252). However, the
transport of sediment across state waters and disposal of the sediment material at LA-3 ocean
disposal site requires Federal Consistency certification and is thus not an element of the coastal
development permit application since the disposal location is outside of the Coastal Zone. The disposal will be reviewed separately through the Federal Consistency process at a future date.
Conclusion
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Thus, as conditioned, the Commission finds that the proposed project is consistent with Sections 30230, 30231, 30232 and 30233(a) of the Coastal Act and with the marine resources and water
quality policies of the City’s certified LCP, as listed above.
D. VISUAL RESOURCES
Section 30251 states in relevant part,
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect view to and along the ocean and scenic coastal areas, to minimize the alteration
of natural land forms, to be visually compatible with the character of surrounding areas,
and, where feasible, to restore and enhance visual quality in visually degraded areas.
Coastal Land Use Plan, Coastal Views, Policy 4.4.1-1 states,
Protect and, where feasible, enhance the scenic and visual qualities of the coastal zone, including public views to and along the ocean, bay, and harbor and to coastal bluffs and
other scenic coastal areas.
Coastal Land Use Plan, Coastal Views, Policy 4.4.1-6 states,
Protect public coastal views from the following roadway segments:
…
Bayside Drive from Coast Highway to Linda Island Drive.
…
Coast Highway/Newport Bay Bridge.
Coastal Land Use Plan, Bulk and Height Limitation, Policy 4.4.2-1 states,
Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 4-3.
The project site is located in the Shoreline Height Limitation Zone.
Coastal Land Use Plan, Bulk and Height Limitation, Policy 4.4.2-2 states,
Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach.
The project site is located along E. Coast Highway and Bayside Drive, both designated as
Coastal View Roads in the City’s certified LCP. In addition, the project site is located within the
Shoreline Height Limitation Zone as identified in the City’s certified LCP, which allows non-residential buildings to be built to a maximum of 26-feet with a flat roof. The proposed
restaurant will be one-story, 24-‘9” high and will comply with the non-residential shoreline
height limit. The proposed marina expansion will expand the number of docks and boats, but the
visual characterization of the waterside area will remain similar to the existing Balboa Marina.
Public views of Lower Newport Bay from either road are already impacted by existing development in the area, consisting of the developed harbor and two-story residential structures,
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such as those located on Linda Isle and in the Bayshores Private Gated Residential Community, and commercial development. Driving downcoast (east) along E. Coast Highway, the view
toward the site from the E. Coast Highway Bridge is of the developed harbor (Balboa Marina)
and the residential structures on Linda Isle and adjacent commercial development onsite.
Driving upcoast (west) on E. Coast Highway, the view toward the site before the E. Coast
Highway Bridge is of the Bayshores Private Gated Residential Community and a multiunit residential development. Driving downcoast (east) or upcoast (west) on Bayside Drive toward E.
Coast Highway, views of Lower and Upper Newport Bay are already impeded by existing
commercial development adjacent to the project site. Thus, the proposed project does not result
in any adverse visual impacts. Therefore, the project as proposed is consistent with both Section
30251 of the Coastal Act with respect to visual resource impacts waterside (the expanded marina) and with LCP policies with respect to visual resource impacts landside (the new
restaurant structure and parking lot).
Conclusion
As conditioned, the Commission finds that the proposed project is consistent with the visual
resource policies of both the Coastal Act and the City’s certified LCP, as listed above.
E. HAZARDS
Section 30235 of the Coastal Act states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply. Existing marine structures causing water stagnation contributing to pollution
problems and fish kills should be phased out or upgraded where feasible.
Section 30253 of the Coastal Act provides in part:
New Development shall:
(1) Minimize risks to life and property in areas of high geologic, flood, and fire hazards...
Coastal Land Use Plan, Hazards and Protective Devices, Policy 2.8 1-2 states,
Design and site new development to avoid hazardous areas and minimize risks to life and
property from coastal and other hazards.
Coastal Land Use Plan, Hazards and Protective devices, Policy 2.8 1-4 states,
Require new development to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would
substantially alter natural landforms along bluffs and cliffs.
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Coastal Land Use Plan, Coastal Erosion, Policy 2.8 6-5 states,
Permit revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls and other structures altering natural shoreline processes or retaining walls when
required to serve coastal-dependent uses or to protect existing principal structures or
public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply, unless a waiver of future shoreline protection was required by a previous coastal development permit.
Coastal Land Use Plan, Coastal Erosion, Policy 2.8 6-6 states,
Design and site protective devices to minimize impacts to coastal resources, minimize
alteration of natural shoreline processes, provide for coastal access, minimize visual
impacts, and eliminate or mitigate adverse impacts on local shoreline sand supply. Coastal Land Use Plan, Coastal Erosion, Policy 2.8 6-9 states,
Require property owners to record a waiver of future shoreline protection for new
development during the economic life of the structure (75 years) as a condition of
approval of a coastal development permit for new development on a beach, shoreline, or
bluff that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the
LCP, unless a waiver of future shoreline protection was required by a previous coastal
development permit.
Coastal Land Use Plan, Coastal Erosion, Policy 2.8 6-10 states,
Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years).
Due to its bay fronting location, the project site may be exposed to coastal hazards from sea level
rise, erosion, wave attack, flooding and other coastal hazards. To analyze the suitability of the proposed development relative to potential hazards; the applicants have submitted the following coastal hazard analyses of the wave and water level conditions expected at the site as a result of
extreme storm, wave action and sea level rise over the next 75-100 years for the planned 75-year
life of the proposed marina expansion, restaurant, and parking lot redevelopment: Evaluation of
Coastal Hazards for Balboa West Marina Expansion Project prepared by Anchor QEA dated June 13, 2016 and an addendum to this analysis prepared by Anchor QEA dated July 21, 2016. The analyses state that there is a bulkhead on the south side of the property facing Linda Isle that
is approximately 1,000-foot long with a crest elevation of 9.0 feet MLLW. Additionally, they
state that to the west of the property is a riprap revetment approximately 100-feet long with an
elevation reaching a height of 9.0-feet MLLW. 9.0-feet MLLW would also be the elevation of the parking lot inland of the bulkhead and revetment. They go on to state that the finished floor elevations of the following project components are: restaurant: 13.00-feet MLLW and private
marina boater restroom: 10.5-feet MLLW (Exhibit No. 7).
The analyses state that the highest astronomical tide at the Newport Bay entrance is 7.2-feet MLLW, which is 1.8-feet higher than the Mean Higher High Water (MHHW) of 5.4-feet. This
5-15-0087 (Irvine Company and City of Newport Beach)
35
tidal elevation is 1.7-feet below the 9.0 MLLW crest elevation of the existing bulkhead and revetment.
Based on sea level rise projections from the National Research Council (NRC) 2012 report, sea
levels may rise between 1.4-feet to 5.5-feet by the year 2100. The analyses submitted by the
applicants’ state that for a 75 year design life (2092), sea levels at the site are expected to increase between 1.3-feet and 4.9-feet. Using the 4.9-feet upper range rise by the year 2092, an
extreme high tide still water level of 12.1-feet (7.2-feet MLLW + 5.5-feet MLLW) could result.
Such a rise in either extreme situation would overtop the existing bulkhead and revetment which
could result in flooding of the private marina boater restroom, the parking area and access to the
restaurant; however, this water level would not exceed the finished first floor elevation of the restaurant. Therefore, even without storms or wave impacts, portions of the proposed landside
development may be impacted by future flooding hazards if sea level rise approaches the upper
range of the NRC projections. If the highest astronomical tides were to coincide with a storm,
water levels at the site could rise up to a foot higher during the peak of the higher high tides. The
analysis states that in order to protect against the anticipated extreme rise in sea level for the 75-year design life, the parking lot could be raised and the restroom facility could be raised on a
higher building pad. In addition, to deal with the extreme flooding scenario, temporary flood
protection through the use of sand bags is proposed.
Additionally, the analyses determined that the intermediate value for sea level rise for a 75 year design life (2092), would be 3.1-feet. The predicted highest astronomical tide using this value
would be 10.3-feet (7.2-feet MLLW + 3.1 MLLW). Based on this information, the analysis
recommends and the applicants have proposed that the restroom facility finished floor elevation
be raised to 11-feet and the parking lot raised to 10.5-feet (Exhibit No. 7). In addition, the
analyses recommend and the applicants proposes that the connection between the back slope of the revetment/bulkhead and the paving for the parking lot be constructed with an erosion
resistant layer to limit damage to the structures due to overtopping over the 75-year design life.
The applicants state that the riprap slope revetment is not needed for the proposed restaurant or
restroom. The restaurant will be built on a foundation consisting of landside piles and is not reliant upon the riprap. The restroom is located over 300 feet from the western edge of the
property where the riprap is proposed, and is adjacent to the existing bulkhead. The riprap is
only to support the marina development, a coastal dependent use.
Although the applicants’ reports indicate that the site is safe for landside development at this
time, bay front areas are dynamic environments and may be subject to unforeseen changes. Such
changes may affect shoreline processes that could affect the landside development. Furthermore,
because of its location, the marina development, including the riprap, are subject to tidal
influences and potentially subject to the effects of tsunamis and seiches. Although the applicant has indicated that shoreline protection is not necessary for the restaurant and the proposed riprap
is to support the development of the marina, there is the potential for waterside and landside
development to be subject to wave uprush. To minimize the project’s potential future impact on
shoreline processes, the Commission imposes Special Condition No. 11, which prohibits
alteration of the proposed riprap revetment or construction of any future shoreline protective device(s) to protect the landside development approved pursuant to Coastal Development Permit
No. 5-15-0087 including, but not limited to the restaurant, private marina boater restroom and
5-15-0087 (Irvine Company and City of Newport Beach)
36
any other future landside improvements in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other
natural coastal hazards in the future. Furthermore, although no shoreline protection is necessary,
the proposed development is located in an area where coastal hazards exist and can adversely
impact the development. Therefore, the Commission imposes Special Condition No. 12, which
requires the applicants to assume the risk.
Since coastal processes are dynamic and structural development may alter the natural
environment, future development adjacent to the beach could adversely affect future shoreline
conditions if not properly evaluated and potentially may result in a development which is not
consistent with the Chapter 3 policies of the Coastal Act. In order to ensure that future development on the site does not occur which could potentially result in adverse impacts to
coastal processes, the Commission imposes Special Condition No. 13, which informs the
applicants that future development at the site requires an amendment to Coastal Development
Permit No. 5-15-0087 or a new coastal development permit.
The applicants state that the restaurant will have a pile foundation, but no foundation plans have
been provided. Thus, the Commission imposes Special Condition No. 14, which requires the
applicants to provide foundation plans.
Conclusion
As conditioned, the Commission finds that the proposed project is consistent with Section 30235 of the California Coastal Act and the hazard policies of the City of Newport Beach certified
LCP, as listed above.
F. PUBLIC ACCESS
Section 30210 of the Coastal Act states:
In carrying out the requirement of Section 4 of Article X of the 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 of private property owners, and natural resource areas from overuse.
Section 30211 of the Coastal Act states:
Development shall not interfere with the public's right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
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 new development projects except where:[…]
(2) adequate access exists nearby, …
Coastal Land Use Plan Policy, Parking, 2.9.3-1 states,
5-15-0087 (Irvine Company and City of Newport Beach)
37
Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce.
Coastal Land Use Plan Policy, Parking, 2.9.3-2 states,
Continue to require new development to provide off-street parking sufficient to serve the approved use in order to minimize impacts to public on-street and off-street parking available for coastal access.
Coastal Land Use Plan Policy, Parking, 2.9.3-3 states,
Require that all proposed development maintain and enhance public access to the coast
by providing adequate parking pursuant to the off-street parking regulations of the
Zoning Code in effect as of October 13, 2005. Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-1 states,
Protect, and where feasible, expand and enhance public access to and along the
shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-3 states, Develop and implement a uniform coastal access signing program to assist the public in
locating, recognizing, and utilizing public access trails. Where appropriate, include
information advising the public of environmentally sensitive habitats, safety hazards, and
to respect adjacent private property.
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-13 states,
Require a direct dedication or an Offer to Dedicate (OTD) an easement for lateral public
access for all new shorefront development causing or contributing to adverse public
access impacts. Such dedication or easement shall extend from the limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of the primary extent of development (e.g. intersection of sand with toe or top of revetment, vertical face of seawall, dripline of deck, or toe of bluff).
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-15 states,
Encourage the acceptance, improvement and opening of OTDs to the public by the City, a public agency, a private association, or other appropriate entity.
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-16 states,
Require all direct dedications or OTDs for public access to be made to a public agency
or other appropriate entity that will operate the accessway on behalf of the public. Require accessways to be opened to the public once an appropriate entity accepts responsibility for maintenance and liability.
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-17 states,
5-15-0087 (Irvine Company and City of Newport Beach)
38
Require new development in waterfront commercial areas to provide public access easements to and along the waterfront. Where appropriate, integrate public access easements into the project designs, such as restaurants with outdoor waterfront dining
areas and boarding areas for charter and excursion vessels.
Coastal Land Use Plan Policy, Shoreline Access, 3.1.1-16 states,
Consistent with the policies above, provide maximum public access from the nearest public roadway to the shoreline and along the shoreline with new development except where (1) it is inconsistent with public safety, military security needs, or the protection of
fragile coastal resources or (2) adequate access exists nearby.
Coastal Land Use Plan Policy, Berthing, and Storage, 3.3.2-2 states,
Protect, and where feasible, enhance and expand marinas and dry boat storage facilities.
Coastal Land Use Plan Policy, Berthing, and Storage, 3.3.2-7 states,
Protect, and where feasible, expand and enhance facilities and services for visiting
vessels, including public mooring and docking facilities, dinghy docks, guest docks, club
guest docks, pump-out stations and other features, through City, County, and private means. The proposed project is located seaward of the first public road and within coastal waters. The
project site contains privately owned land and a privately owned marina, which leases boat slips
to its members, operated by The Irvine Company. General public access to the bay is not
available on the landward side, but it is available for dock lessees in the privately owned marina. Public access to the bay is available adjacent to the site from E. Coast Highway and Bayside Drive.
A portion of the western waterside portion of the Balboa Marina was previously home to the
Reuben E. Lee Riverboat that operated as a restaurant and then a marine museum prior to being dismantled. The applicants state that since the removal of the Riverboat, that area of the Balboa Marina site has been underutilized. In response to this, the Irvine Company and City of Newport
Beach have joined to propose the current project consisting of expansion of the existing private
docks and installing a new public transient dock, meaning that there will be no overnight tie ups
allowed. It is anticipated that boaters will access the docks from the water-side and use the docks to tie up and access the existing land-side restaurants and commercial uses that are located in this area of the marina.
The existing private marina will be expanded to include 26 new slips that will accommodate a
variety of boats including 14 boats ranging in size from 20-feet to 40-feet and 12 boats ranging in size from 50-feet to 80-feet. The number of available slips will be increased from 105 to 131. The new docks will be constructed as an extension of the existing dock structure and access will
be from the existing westerly gangway. The existing private Balboa Marina expansion will
continue its existing use as a for-lease boat slip facility. While a private marina, it will continue
to provide recreational boating opportunities by continuing to lease docks to the general public to allow coastal boating opportunities.
5-15-0087 (Irvine Company and City of Newport Beach)
39
The new public dock will provide public transient access for the boating public in an area of the
harbor where there are currently no free docking opportunities. The new public dock will
include a new gangway, an additional 8 public transient slips and the relocation of 4 existing
public transient slips from the eastern end of the existing Balboa Marina for a total of 12 public
transient use slips for boats up to 20-feet in length. A pedestrian walkway through the parking lot will provide access from the public dock to the landside. The gangway and the public docks
will be maintained by the City and will provide a new point of vertical access for this area of the
Harbor that will increase the opportunity for public access from the harbor to the landside
amenities consisting of the new proposed restaurant and nearby existing restaurants and
commercial retail establishments. The applicants state that signage directing the general public to the new public transient dock will be provided; however, no such signage plan has been
submitted. The proposed signs should be located in conspicuous locations adjacent to E. Coast
Highway, in the adjacent parking lot and as near as possible to the proposed dock, so that those
visitors arriving and departing from this public dock are directed to the visitor-serving
amenities/coastal access opportunities which will help improve public access. Thus, the Commission imposes Special Condition No. 14, which requires the applicants to submit a
coastal public access sign plan identifying the location of the visitor-serving/coastal access
directional sign.
General public access to the bay is not available on the landward side of the project site because of private ownership; however, it is available for dock lessees in the privately owned marina.
The public will continue to access the site via the parking lot and walkway access and sidewalks
that currently exist along E. Coast Highway and Bayside Drive. However, in order to expand
and enhance public access at the site, the Irvine Company is providing vertical access to the new
public dock that will also, in the future, connect to the planned accessways in the Back Bay Landing project located immediately north of E. Coast Highway. The vertical access will be a
dedicated eight (8) foot wide vertical (to the shoreline) public access easement that would
provide pedestrian access from E. Coast Highway, as required by the City’s approval. With the
proposed vertical access to the public dock, and its potential connection to future accessways in
the planned Back Bay Landing project, public access will be enhanced onsite. In addition, with the new public dock, coastal recreational opportunities will be expanded and enhanced in an area
where access has been limited or not available. In order to ensure that the proposed dedicated
public access easement is part of the proposed project, the Commission imposes Special Condition No. 15, which requires the applicant, the Irvine Company, to irrevocably offer to dedicate a public access easement.
The proposed land uses consisting of the new restaurant use and marina and the existing adjacent
SOL Mexican Cocina Restaurant, which all rely on shared parking use, require 365 parking
spaces based on the City’s Zoning Code. The proposed parking configuration would provide 250 parking spaces, resulting in a parking shortfall of 106 parking spaces. However, under the
applicants’ proposed Valet Parking Management Plan, 294 parking spaces would be provided
onsite, including 31 valet-stacked parking spaces and 13 tandem valet parking spaces for a total
of 44 valet and tandem parking spaces. The City’s Zoning Code allows for reduced parking
standards if a parking study with sufficient data indicates that parking demand will be less than the required number of off-street parking spaces, when two or more nonresidential uses on the
5-15-0087 (Irvine Company and City of Newport Beach)
40
site have distinct and differing peak parking demands and a parking management plan mitigate the impacts associated with a reduction in the number of required parking spaces.
In addition, with the proposed eight transient docks, boaters will be accessing without reliant on
parking spaces, thereby reducing the demand for parking.
During the City’s approval process of the project, the applicants prepared a Parking Demand
Analysis that showed that the site can accommodate all uses except for a slight shortfall at peak
demand times, 7pm to 8pm on weekdays and 7pm to 8pm on weekends. According to the
analysis with the valet parking proposed in the management plan, the weekday peak demand is
310 spaces (16 short) and the weekend peak demand is 305 spaces (11 short). In response to the parking shortfall, the applicants prepared a Parking Management Plan that was approved by the
City that states that sixteen (16) additional parking spaces will be accommodated on the nearby
Bayside Shopping Center (1000 Bayside Drive) on the northwest corner of Bayside Drive and
Jamboree Road, approximately .9 mile southeast of the project site, also owned by the Irvine
Company, in conjunction with the valet parking operation (Exhibit No. 1, page 1). The parking management plan requires employees to park at this off-site location on Friday/Saturday
evenings (peak restaurant demand times) when the demand for parking at the shopping center,
consisting of a market, bank and small retail shops, is low. The applicants have provided a copy
of a letter from the Irvine Company, which authorizes the use of the Bayside Shopping Center
for the use of 16 parking spaces as overflow parking for employees of the restaurant. The City approval of the project requires that a parking agreement guaranteeing the long-term availability
of the off-site parking facility for the proposed project be approved by the City Attorney and the
Community Director and recorded with the County Recorder’s Office.
The parking shortage on the project site will not have a significant adverse impact on public beach access. Peak demand occurs in the evening which is not a high beach use period and the
use of the remote lot by employees will not impact use of that shopping center because of the
time of use and off hours of the businesses in the shopping center. To ensure that parking will be
preserved at the 1000 Bayside Drive off-site parking lot for the commercial uses located at 201
E. Coast Highway, the Commission imposes, Special Condition No. 16, which requires that for the life of the restaurant development located at 201 E. Coast Highway, that sixteen (16) parking
spaces will be provided at the 1000 Bayside Drive off-site parking lot.
As conditioned, there is no significant potential for adverse impacts to public access. However, future development may potentially result in adverse impacts to public access. To ensure that
future development is consistent with the Chapter 3 policies of the Coastal Act and the City’s
certified LCP, the Commission imposes Special Condition No. 13, which requires a future
development special condition. Any changes to the proposed development, including the
parking management plan and use of the site will require an amendment or a new coastal development permit.
Conclusion
As conditioned, the Commission finds that the proposed project is consistent Section 30210,
30211 and 30211 of the Coastal Act and with the public access policies of the City’s certified
LCP.
5-15-0087 (Irvine Company and City of Newport Beach)
41
G. DEED RESTRICTION
To ensure that any prospective future owners of the property are made aware of the applicability
of the conditions of this permit, the Commission imposes Special Condition No. 17, which requires the property owner record a deed restriction against the project site located at 201 E. Coast Highway, Newport Beach and the off-site parking lot located at 100 Bayside Drive,
Newport Beach referencing all of the above special conditions of this permit and imposing them
as covenants, conditions and restrictions on the use and enjoyment of the Property. Thus, as
conditioned, any prospective future owner will receive actual notice of the restrictions and/or obligations imposed on the use and enjoyment of the land including the risks of the development and/or hazards to which the site is subject, and the Commission’s immunity from liability.
H. LOCAL COASTAL PROGRAM (LCP)
The Coastal Land Use Plan (CLUP) for the City of Newport Beach was effectively certified on
May 19, 1982. The certified CLUP was updated on October 8, 2009. On September 8, 2016, the
Commission approved an Implementation Plan (IP) for the City of Newport Beach. On January
13, 2017, the IP was certified. The landward side work of the proposed development is located within the City’s jurisdiction and consequently, the standard of review is the City’s certified Local Coastal Plan (LCP) and the public access policies of the Coastal Act. As conditioned, the
proposed development is consistent with the City’s certified LCP and the access policies of the
Coastal Act.
The waterside work of the proposed development is located seaward of the mean high tide 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’s
certified LCP is advisory in nature and may provide guidance for development. As conditioned,
the proposed development is consistent with the Chapter 3 policies of the Coastal Act. I. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 13096 of Title 14 of the California Code of Regulations requires Commission approval
of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable
requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of
CEQA prohibits a proposed development from being approved if there are feasible alternatives
or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment.
The City of Newport Beach is the lead agency for purposes of CEQA compliance. A Mitigated
Negative Declaration was approved for this project on October 4, 2014 by the Planning
Commission and reaffirmed on November 25, 2014 by the City Council pursuant to the provisions of CEQA. Mitigation measures included measures to minimize any impacts to
biological resources and hydrology and water quality.
The proposed project is located in an urban area. Infrastructure necessary to serve the project
exists in the area. The proposed development has been conditioned to assure the proposed project is consistent with policies of the certified LCP and the Coastal Act. As conditioned, no
feasible alternatives or feasible mitigation measures are known, beyond those required, which
5-15-0087 (Irvine Company and City of Newport Beach)
42
would substantially lessen any identified significant effect which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned, is
consistent with CEQA.
APPENDIX 1
SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit Exemption No. 5-05-
059; Coastal Development Permit No. P-5-25-77-987; Coastal Development Permit No. 5-93-
125; Coastal Development Permit No. 5-07-241; City of Newport Beach Harbor Resources
Division Approval-In-Concept dated December 1, 2014 and December 15, 2015; City of
Newport Beach Planning Department Approval-In-Concept dated February 17, 2016; Mitigated Negative Declaration NO. ND2013-002 (State Clearinghouse Number 2014081044); Marine
Biological Impact Assessment For The Balboa Marina West Project, Newport Bay, Orange
County, California prepared by Coastal Resources Management, Inc. dated December 12, 2013
(Revised March 11, 2015); Storm Water Pollution Prevention Plan (SWPPP) prepared by Stantec
dated February 2016, an Erosion Control Plan, Marina Dredging Management Plan, Balboa Marina West Dredging and Public/Transient Dock Development prepared by Anchor QEA, LLC
dated January 2016 (Revised February 2016); Water Quality Management Plan (WQMP) (Job
No. 1288-001-01) prepared by Fuscue Engineering dated April 23, 2014; Management/Clean
Marina Plan for Balboa Marina and Balboa Marina West prepared by the California Recreation
Company received March 1, 2016; Sea Level Rise Memorandum prepared by Anchor QEA dated July 24, 2015; Evaluation of Coastal Hazards for Balboa West Marina Expansion Project
prepared by Anchor QEA dated June 13, 2016; and Addendum to the Evaluation of Coastal
Hazards for Balboa West Marina Expansion Project prepared by Anchor QEA dated July 21,
2016.
Project Site
1000 Bayside Drive,
Off-site parking location
Exhibit No. 1
Page 1 of 2
Project Site
Exhibit No. 1
Page 2 of 2
Exhibit No. 2
Page 1 of 2
8-foot-wide public walkway from E. Coast
Highway to the public dock
Exhibit No. 2
Page 2 of 2
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Figure 1
Conceptual Dock Plan
Public Transient Dock and Marina Expansion
City of Newport Beach / Irvine Company Joint Project
0 60
Scale in FeetSECTION A
SCALE 1"=20'
Exhibit No. 3
Page 1 of 2
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ABBREVIATIONS:
(E) Existing
HHW Highest High Water
MHW Mean High Water
MLLW Mean Lower Low Water
sq Square
TOW Top of wall
Figure 1
Seawall Retrofit
Public Transient Dock and Marina Expansion
City of Newport Beach / Irvine Company Joint Project
PLAN
ELEVATION
(E) Seawall
to remainRemove (E) cap, earth anchors,
tie-rods, and deadmen. Remove all
(E) seawall sheet piles; if not possible,
then cut (E) seawall sheet piles at
minimum elevation = -10 feet MLLW Sawcut and remove (E)
seawall, cap, earth
anchors, tierods, and
deadmen to limits shown
4 New 18" sq
prestressed
concrete
support piles
below cap
New concrete cap
New rock slope
4 New 18" sq
prestressed
concrete
support piles
(E) Seawall cap
(E) Mudline
New seawall cap
(E) Slope to
be removed
TOW = +9.0' MLLW
-6.0' MLLW
-10.0' MLLW
HHW = +7.5' MLLW
0.0' MLLW
5.43 Mean High Water
(NGVD '29)
Elev
-
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New seawall cap
New 18" sq pile
(E) Concrete
sheet pile. Cut
to limits shown
Section A
New rock slope
A -
0
Scale in Feet
24
Remove (E) cap, earth anchors,
tie-rods, and deadmen. Remove all
(E) seawall sheet piles, if possible,
cut (E) seawall sheet piles at
minimum elevation = -10 feet MLLW
Exhibit No. 3
Page 2 of 2
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Figure 2
Conceptual Dock Plan
Public Transient Dock and Marina Expansion
City of Newport Beach / Irvine Company Joint Project
0 60
Scale in FeetSECTION A
SCALE 1"=20'
Eelgrass
Exhibit No. 4
Page 1 of 1
XXXXXXX
0 4 8 16
Scale: 1/8" = 1'-0"
Exhibit No. 5
Page 1 of 7
0 4 8 16
Scale: 1/8" = 1'-0"
Exhibit No. 5
Page 2 of 7
BALBOA MARINA RESTAURANT
NEWPORT BEACH, CA
JUNE 19, 2015
SCALE: 1/8”=1’-0”
EAST ELEVATION NORTH ELEVATION
WEST ELEVATION SOUTH ELEVATION
Exhibit No. 5
Page 3 of 7
BALBOA MARINA RESTAURANT
NEWPORT BEACH, CA
JUNE 19, 2015
SCALE: 1/8”=1’-0”
WEST ELEVATION
EAST ELEVATION
Exhibit No. 5
Page 4 of 7
BALBOA MARINA RESTAURANT
NEWPORT BEACH, CA
JUNE 19, 2015
SCALE: 1/8”=1’-0”
NORTH ELEVATION
SOUTH ELEVATION
Exhibit No. 5
Page 5 of 7
DECEMBER 17, 2015
NEWPORT HARBOR NEWPORT BEACH, CA
VIEW 4 - SOUTHWEST CORNER
Exhibit No. 5
Page 6 of 7
DECEMBER 17, 2015
NEWPORT HARBOR NEWPORT BEACH, CA
VIEW 5 - SOUTHWEST AERIAL
Exhibit No. 5
Page 7 of 7
Exhibit No. 6
Page 1 of 1
Exhibit No. 7
Page 1 of 1