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Staff Report: Regular Calendar

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Staff Report: Regular Calendar STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 F10c Filed: 9/15/18 180th Day: 3/14/19 Staff: L. Roman-LB Staff Report: 2/21/19 Hearing Date: 3/6/19 STAFF REPORT: REGULAR CALENDAR Application No.: 5-18-0821 Applicant: Joseph Foster, John Foster, and West Coast Turf Agents: Shellmaker, Inc., Lisa Miller Gaines & Stacey LLP, Sherman Stacey Location: 4018, 4020 and 4022 Channel Place, City of Newport Beach, (Orange County) Project Description: Demolition of a 90-ft. long bulkhead/seawall across three contiguous residentially zoned lots and construction of a new 10.44-ft. tall precast concrete panel bulkhead/seawall with concrete coping, 42-inch tall glass railing; a concrete deck cantilevered five (5) feet over water beyond the bulkhead/seawall at 4018 and 4022 Channel Place; and reconstruction of three wood pier platforms associated with existing residential boat docks. Staff Recommendation: Approval with Conditions SUMMARY OF STAFF RECOMMENDATION The subject sites are three contiguous, residentially zoned lots on Newport Island located in Lower Newport Bay in Newport Beach. The proposed project is the demolition of an existing 90-ft. long concrete bulkhead spanning across the three lots, construction of a new 10.44-ft. tall concrete bulkhead in the same location/alignment, and construction of concrete decks with a 42- inch tall glass railing cantilevered five (5) feet beyond the reconstructed bulkhead at 4018 and 4022 Channel Place; in addition, a 42-inch tall glass railing is proposed atop the seawall at 4020 Channel Place. No cantilevered deck is proposed at 4020 Channel Place. Bayward of each 5-18-0821 (Foster, Foster, and West Coast Turf) bulkhead, each site is developed with a private recreational boat dock. These docks will be removed during the re-construction of bulkheads and then re-placed in the same location, the wood pier platforms associated with the docks will be demolished and reconstructed. Currently, 4018 Channel Place is the only one out of the three sites which with an existing 5’ x 30’ wood deck cantilevered over the water beyond the bulkhead. The proposed project is within the Commission’s original permit jurisdiction (within and over the waters of Newport Bay) in the City of Newport Beach, a certified jurisdiction. The standard of review for development within the Commission’s original permit jurisdiction is Chapter 3 of the Coastal Act, and the City’s certified LCP may be used for guidance. An approximately 30-foot wide by 35-foot deep portion of each of the three applicants’ properties is situated bayward of the existing bulkhead on each lot. The applicants propose to construct a cantilevered deck that extends five feet beyond the existing bulkhead at two of the three subject lots, and have provided information indicating that the submerged lands under the proposed cantilevered decks are privately owned and are not public trust lands, although the lands would be subject to a navigational easement. Determinations about the public trust boundary are ultimately the jurisdiction of the State Lands Commission. Assuming this information is correct, construction of the cantilevered decks can be allowed as long as it does not prevent use of the submerged waters for navigational purposes and is otherwise consistent with Sections 30210, 30211, 3012, 30220 and 30221 of the Coastal Act and the City of Newport Beach Local Coastal Program (LCP) policies (3.1.1-1, 3.1.1-9, 3.1.1-11, and 3.1.4-3) protecting public access. Construction of the proposed cantilevered decks may hinder but would not completely obstruct the public’s ability to access the water portion of the applicants’ lots for navigational purposes, and, as a practical matter, is unlikely to have much additional impact on public access due to the existence of the private docks that extend farther out into the bay. Thus, the proposed cantilevered decks would not be inconsistent with a navigational easement or with Coastal Act public access policies. All of Newport Island, including private residential development and public streets, is protected by bulkheads, and the replacement of the proposed shoreline protection is necessary to protect the existing residences and public infrastructure on the island. Section 30235 of the Coastal Act provides that shoreline protective devices “shall” be permitted when required to protect existing structures, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. According to a bulkhead report submitted by the applicant, the proposed bulkheads are necessary to protect existing structures in danger from erosion and thus, may be authorized as long as they are designed to eliminate or mitigate adverse impacts on shoreline sand supply. The project will not result in any new impacts to shoreline sand supply because as proposed, the new bulkheads will in the same location/configuration and will not extend bayward of the existing bulkheads. Additionally, the height of the new seawall would protect existing landside development for the next 75 years. Staff is recommending approval of the proposed coastal development permit with nine (9) special conditions requiring: 1) Revised Plans Depicting Final Dock Pier Configurations; 2) No Future Seaward Expansion of Shoreline Protective Device; 3) Construction Phase BMPs; 4) Assumption of Risk, Waiver of Liability; 5) Future Development; 6) Best Management Practices (BMP) Program; 7) Payment of Application Fees; 8) Public Rights; and 9) Deed Restriction. 2 5-18-0821 (Foster, Foster, and West Coast Turf) TABLE OF CONTENTS I. MOTION AND RESOLUTION ..................................................................... 4 II. STANDARD CONDITIONS .......................................................................... 4 III. SPECIAL CONDITIONS .............................................................................. 5 IV. FINDINGS AND DECLARATIONS............................................................ 9 A. PROJECT LOCATION AND DESCRIPTION ........................................................................ 9 B. HAZARDS ....................................................................................................................... 11 C. PUBLIC ACCESS AND RECREATION .............................................................................. 15 D. BIOLOGICAL RESOURCES AND WATER QUALITY ...................................................... 261 E. DEED RESTRICTION ....................................................................................................... 26 F. LOCAL COASTAL PROGRAM (LCP) .............................................................................. 26 G. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ............................................. 26 APPENDIX A - SUBSTANTIVE FILE DOCUMENTS ....................................28 APPENDICES Appendix A – Substantive File Documents EXHIBITS Exhibit 1 – Vicinity Map Exhibit 2 – Record of Survey Exhibit 3 – Project Plans Exhibit 4 – Site Photographs Exhibit 5 – Correspondence from Sherman Stacey 3 5-18-0821 (Foster, Foster, and West Coast Turf) I. MOTION AND RESOLUTION Motion: I move that the Commission approve Coastal Development Permit No. 5-18-0821 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 will be in conformity with 1) the Local Coastal Program, and the public access and recreation policies of the Coastal Act for the portion of the proposed development in the jurisdiction of the Local Coastal Program and 2) the provisions of Chapter 3 of the Coastal Act for the portion of the proposed development in the Commission’s retained original 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 would 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 permittees 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
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