HomeMy WebLinkAboutC-3272(BB) - Agreement to be Bound (for Antibes Marina Lease)4
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AGREEMENT TO BE BOUND
I. WHEREAS, LIDO ISLE COMMUNITY ASSOCIATION, (hereinafter referred to as
"Lessee"), is the record leaseholder under a leasehold agreement dated April 14, 2000, with the CITY
OF NEWPORT BEACH, (hereinafter referred to as the "City" of the Lease site(s) described in Exhibit
A, attached hereto and incorporated herein by reference, (hereinafter referred to as the "Property");
and
II. WHEREAS, the City is the Owner/Tideland Grantee of the Property.
III. WHEREAS, the California Coastal Commission, (hereinafter referred to as the
"Commission"), is acting on behalf of the People of the State of California; and
IV. WHEREAS, pursuant to the California Coastal Act of 1976, Lessee and the City
applied to the Commission for a coastal development permit on the Property; and
V. WHEREAS, on October 11, 2000, the Commission granted to Lessee and the City
coastal development peuiiit number 5-00-157, (hereinafter referred to as the "Permit"), in accordance
with the provisions of the Staff Recommendation and Findings, attached hereto as Exhibit D and
incorporated herein by reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions including, but not
limited to a condition requiring 1) a Lease Restriction to be executed by the Lessee and 2) an
agreement (hereinafter referred to as "Agreement To Be Bound") by the City stating that in the event
of termination of the lease, and for so long as the building and facilities constructed pursuant to Permit
No. 5-00-157 exist, the City will agree to require each new or different tenant, occupant or operator,
including itself, to sign a lease restriction or other appropriate instrument agreeing to comply with the
conditions set forth in the Lease Restriction; and
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VII. WHEREAS, so as to enable Lessee to undertake the development authorized by the
Permit, Lessee has elected to comply with that portion of the condition applicable to it and execute and
record in the Recorder's Office of the County of Orange, as Instrument Number
the aforementioned Lease Restriction, pursuant to which Lessee has agreed to manage the Property in
the manner specified in Exhibit B, attached hereto and incorporated herein by reference.
VIII. WHEREAS, so as to enable Lessee to undertake the development authorized by the
Permit, City has elected to comply with that portion of the condition applicable to it and execute the
aforementioned Agreement To Be Bound.
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NOW, THEREFG__.2:, City does hereby agree to be hound to the following restrictions on
the lease to said Property in accordance with the condition(s) imposed on Lessee by the
Commission:
as set forth in the Permit, a copy of which is
attached hereto as Exhibit "B".
For so long as the building and facilities constructed pursuant to the aforementioned
permit from the Coastal Commission continue to exist on said property, the City agrees to
require each new or different tenant, occupant or operator including itself to sign a lease
restriction or other appropriate instrument agreeing to comply with the covenant hereinabove
set forth.
Dated: April 2, 2001
CITY OF NEWPORT BCH
et, /1"74-
Homer L. Bludau, City Manager
Robert Burnham, City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
0 rave
On N `qr 20o) , before me,
Date
personally appeared
SS.
la6 U. lhes
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
LEILANI V. INES
Commission # 1170960
Notary Public - California
Orange County
My Comm. Expires Jan 25, 2002
'ELAN! V. INES
Commission # 1170960
Notary Public -California{
Orange County
My Comm. Expires Jan 25, 2002
Place Notary Seal Above
Name(s) of Signer(s)
,personally known to me
proved to me on the basis of satisfactory
evidence
to be the person
subscribed to the
acknowledged to me
the same in
capacity, an
whose name(/are
within instrument and
he/they executed
er/their thorized
that by hi�l�ler/their
signature on the instrument the person
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
04olz-tekk- . SAA.1244
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUI
OF SIG
PRINT
R
Top of thumb here
® 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402
Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827
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This is to certify that the Agreement to be Bound set forth above is hereby acknowledged by the
undersigned officer on behalf of the California Coastal Commission pursuant to the action of the
Commission when it granted Coastal Development Permit No. 5-00-157, on October 11, 2000.
Dated:61_,Iittith02 0/
CALIFORNIA COASTAL COMMISSION
O OWERS, Staff Counsel
STATE OF C1,1./i-10 0/q-
COUNTY OFS/iJ w /91L/G/SCCJ
On 0, /AQO l , before me, i 6 i/3 YEXTDA/ , a Notary Public, personally appeared
JONA 8Qwe i , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatur (2/A/ei,e0 4t4J
PATRICIA SEXTON
Commission # 1220469
Z •,l_i Notary Public - California
Santa Barbara County
• My Comm. Expires Pvkay21, 2003
EXHIBIT A
Description of Leased Premises
ANTIBES MARINA
The following parcel comprises the Lease Premises:
PARCEL "E"
All that certain parcel of land in Section 28, Township 6 South, Range 10
West, S.B.B. & M. in the City of Newport Beach, Orange County, California, lying
westerly of the U.S. Bulkhead line between Stations 173-174, as said Bulkhead
line and stations are shown on a map entitled "Harbor Lines, Newport Bay,
California", approved by the Secretary of the Army, February 15, 1951, and on
file in the U.S. District Engineer's Office, Los Angeles, California, and southerly of
and adjacent to that certain right-of-way 100 feet in width, described in a deed to
the City of Newport Beach recorded in Book 361, Page 110, Official Records of
said Orange County and more particularly described as follows:
Beginning at the most westerly corner of Lot 885 of Tract 907, recorded in
Miscellaneous Maps, Book 28, Pages 25 to 36 inclusive, of said County, said
corner also being in the U.S. Bulkhead Line between Stations 173 and 174 as
shown upon said map of Harbor Lines; thence southwesterly along the
southwesterly prolongation of the northwesterly line of said Lot 885 a distance of
10.0 feet to the true point of beginning; thence continuing along said
southwesterly prolongation to an intersection with a line lying 100 feet southerly
of and parallel to the southerly line of said 100 feet right-of-way; thence north 75°
09' 40' west and along said parallel line, a distance of 250.00 feet; thence north
30° 09' 40' west, to an intersection with the westerly prolongation of the southerly
line of the aforementioned 100-foot right-of-way line; thence easterly along said
westerly prolongation and along said southerly line to an intersection with a line
Tying 10.0 feet southwesterly of and parallel to the U.S. Bulkhead Line between
Stations 173 and 174 as shown upon said map of Harbor Lines; thence
southeasterly along said parallel line to the point of beginning.
f:\users\cat\shared\agUica\antibes marina ex a 0300.doc
EXHIBIT B
Lessee shall:
A. Implement the water quality measures identified in the Water Quality
Management/Boat Owner Maintenance Plan approved pursuant to Special
Condition No. 3 of the Permit, attached as Exhibit C of that certain Lease
Restriction, executed and recorded by Lessee in the Recorder's Office of the
County of Orange, on , as Instrument No.
hereinafter, the "Plan."
B. Deliver a copy of the Plan to: i) all new tenants and ii) all repeat tenants in
tenant bill inserts or otherwise on an annual basis; and
C. Erect a sign, written and placed near the dock platform in a conspicuous
manner where it can be clearly read and understood by dock users, which sets
forth the contents of the Plan, including the location of accessible pump -out
facilities for the disposal of contaminated bilge water and sewage waste.
lido isle
community.
association
701 VIA LIDO SSOUD, UD0 ISLE • NEWPORT BEACH, CA 92663
TELEPHONE: [949) 673-6170 • FAX: (949) 673-6627
January 10, 2001
California Coastal Commission
South Coast Area Office =
Attn: Karl Schwing
200 Oceangate, Suite 100:
Long Beach, CA 90802-4A2-1.Altt
RE: No. 5-00-15'7
Gentlemen:
EXHIBIT C
RECEIVED
South Coast Region
JAN 16 2001
CALIFORNIA
COASTAL COMMISSION.
In response to you Notice of Intent to Issue Permit, we reply as follows:
1. We shall comply with the listed requirements.
2. The obsolete concrete pilings shall be delivered to Nu Way which will grind them to be
recycled as road base. The remainder of the construction debris will be delivered to the
Orange County Dump which is located outside the coastal zone for disposal.
3. Water quality management will be augmented by requiring each renter of a slip to sign a
copy of the attached "Water Quality/Boat Maintenance Requirements" upon renting a slip
and annually at the rental renewal in January of each year.
I hope the enclosed meets the requirements of the Commission.
Very Truly Yours,
M.A. Richley, Jr.
Page 1 of 3
Water ualityBoat Maintenance Repuirernents
The following is hereby made a part of the rental agreement of all persons renting wet boat storage
space in the Lido Isle Community Association facility. By signing the rental agreement all
occupants agreed to comply with the following:
1. Boat cleaning which results in the release of any
been removed from the water so that all such ebrisris s aptu captured and properall only be done ly din sposedat has
the water hull washing is prohibited unless done by hand. y disposed. In
2. In the water hull scraping which results in the removal of paint from the hull is prohibited.
3. Only detergents and cleaning components that are phosphate free and biodegradable shall
be utilized for washing boats and amounts used shall be minimized.
4. The use of detergents containing ammonia, sodium hypoclorite, chlorinated solvents,
petroleum distillates or lye is prohibited for use in cleaning the exterior of boats.
5. All waste discharge from sewage holding tanks and all contaminated bilge water shall be -
properly disposed is public or otherwise designated facility with the appropriate equipment
to handle and dispose ofsuch waste materials.
Holding tank sewage pump out stations in Newport Harbor are located as described on the
next page. Bilge waste in this harbor can only be disposed by Naut-A-Care which will come
to your boat upon phoning them at (949) 631-5823.
The undersigned has read and understands the above, and agrees to comply with its requirements.
Date: Agreed:
Page 2 of 3
: DC SHERIFF NEWPORT Hk
PHONE H. : £TT 62;7.71.
Jar:. RE, 7nnl 04:10pm pi
COURTESY PUMP -OUT STATIONS
1 Harbor Department Guest Dock 6 Arches Marina
2 Bahia Corinthian Yacht Club 7 American Legion
3 Balboa Yacht Basin 8
4 Newport Dunes Marina 9 Lido Village
5 Balboa Bay Club
(West end of facility - white box)
•
Calling all boaters- Be on the lookout for bright orange pump -
out stations cleak2S--marked with a "IC" and the words
"Pump -A -Head.-" rot your convenience, these pump -out stations.
provide 'Newport liabox's only available method for disposing of
holding tank waste
10 please Keep in mind that pump -out stations should not be used
for the disposal oiHbilge waste.
Rev. 7/(95
Page 3 of 3
5-.,tJ-1 57 (Lido Isle Community Association)
Page 2 of 11
I STAFF REMMENDATION, MOTION AND RESOLUTION OF
APPROVA&.
The staff recommends that the Commission APPROVE the permit application subject to
special conditions.
MOTION:
/ move that the Commission approve Coastal Development Permit No. 5-00-157
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:
Approval With Conditions
The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed
development on the grounds that the development will be in conformity with the provisions of
Chapter 3 of the California Coastal Act of 1976, is located between the nearest public road
and the sea and is in conformity with the public access and public recreation policies of the
Coastal Act, will note"udice the ability of the local government having jurisdiction over the,,
area to prepare a Lodoastal Program conforming to the provisions of Chapter 3 of the
Coastal Act, and will not have any significant adverse effects on the environment within the
meaning of the California Environmental Quality Act.
II. STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and construction 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 construction has not commenced, the permit will expire two years from the
date on which the Commission voted on the application, or in the case of administrative
permits, the date on which the permit is reported to the Commission. Construction 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 of 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.
5-00-1 57 (Lido Isle Community Association)
Page 3 of 11
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
III. SPECIAL CONDITIONS
1. CONSTRUCTION RESPONSIBILITIES AND DEBRIS REMOVAL
The permittee shall comply with the following construction -related requirements:
(a) No construction materials, equipment, debris, or waste shall be placed or
stored where it may be subject to wave/wind erosion and dispersion.
(b) Any and all debris resulting from construction activities shall be removed
from the site within 10 days of completion of construction.
(c) No machinery or construction materials not essential for project
improvements shall be allowed at any time in the intertidal zone;
(d) Sand from the beach, cobbles, or shoreline rocks shall not be used for
construction material.
(e) If turbid conditions are generated during construction; a silt curtain shall
be utilized to control turbidity;
(f) Measures shall be taken to ensure that barges do not ground and impact
eelgrass sites.
(g) Floating booms shall be used to contain debris discharged into coastal
waters and any debris discharged shall be removed as soon as possible
but no later than the end of each day.
(h) Divers shall recover non -buoyant debris discharged into coastal waters as
soon as possible after loss.
2. LOCATION OF DEBRIS DISPOSAL SITE
PRIOR TO ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall
identify in writing, for the review and approval of the Executive Director, the location of
the disposal site of the construction debris resulting from the proposed project.
Disposal shall occur at the approved disposal site. 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.
3. WATER QUALITY MANAGEMENT/BOAT OWNER MAINTENANCE PLAN
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
submit, for the review and approval of the Executive Director, a Water Quality
Management/Boat Owner Maintenance Plan to ensure the control of adverse impacts
to water quality related to long term water -borne berthing of boats at the dock. The
applicant or successors in interest shall be responsible for complying with the
provisions of the Water Quality Management/Boat Owner Maintenance Plan described
herein and approved by the Executive Director.
5-u0-1 57 (Lido Isle Community Association)
Page 4 of 11
1. The Plan shall demonstrate that long-term water -borne berthing of boats at this
dock sh be managed in a manner which protects water quality and that
persons using the dock are made aware of the rules related to boat maintenance
and use.
2. The Plan shall include, at a minimum, the following components or measures:
(a) Boat Cleaning Management Measures:
1. Boats shall be removed from the water and cleaned such that
debris is captured and properly disposed. In -water boat hull
washing shall be prohibited, unless done by hand.
2. In -the -water hull scraping or any process that occurs under water
that results in the removal of paint from boat hulls is prohibited.
3. Boat owners shall utilize only detergents and cleaning
components for washing boats that are phosphate -free and
biodegradable, and that amounts used shall be minimized.
4. The use of detergents containing ammonia, sodium hypochlorite,
chlorinated solvents, petroleum distillates or lye is prohibited for
the purpose of cleaning the exterior of boats.
(b) Boat owners/operators using the dock shall:
1. Properly dispose of all waste discharge from sewage holding
tanks at a public facility accessible to boaters that can handle
waste disposal;
2. Properly dispose of all contaminated bilge water at a designated
facility with appropriate equipment to dispose of such materials.
(c) The applicant shall provide information about all of the measures in the
Plan through a combination of signage, tenant bill inserts and distribution
of the Plan to new tenants and each year to repeat tenants. In addition,
the Plan shall be attached to all slip rental and/or lease agreements.
Also, the applicant shall place a sign, in a conspicuous manner near the
dock platform that lists the above water quality management and boat
maintenance requirements. The sign shall identify accessible pump -out
facilities for the disposal of contaminated bilge water and sewage waste.
The sign shall be written and placed in an area where users of the boat
dock can clearly read and understand the management and maintenance
requirements.
B. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall execute and record a lease restriction, in a form and content acceptable to the
Executive Director incorporating all of the above terms of subsection A of this
condition. The lease restriction shall include a legal description of the leased site. The
!ease restriction shall run with the land, binding all successors and assigns, and shall be
recorded free of prior liens that the Executive Director determines may affect the
5-1,--157 (Lido Isle Community Association)
Page 5 of 11
enforceability of the restriction. The lease restriction shall not be removed or changed
without a Commission amendment to this coastal development permit.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the City of Newport
Beach, as applicant and landowner, shall submit a written agreement, subject to the
review and approval of the Executive Director, stating that in the event of termination
of the lease of the property that is the subject of Coastal Development Permit 5-00-
157, and for so long as the development permitted pursuant to Coastal Development
Permit 5-00-157 is in operation, the City will agree (i) to be bound to terms of clause
(A) of this condition if it becomes the owner of the possessory interest in such
property, and (ii) to include a provision in any subsequent lease of such property
requiring the lessee to submit a written agreement to the Commission, for the review
and approval of the Executive Director, incorporating all of the terms of clause (A) of
this condition, and to execute and record a lease restriction as set forth 'in clause (B) of
this condition.
IV. FINDINGS AND DECLARATIONS:
The Commission hereby finds and declares:
A. Project Description and Location
The existing and proposed marina is located adjacent to and south of the bridge connecting
Lido Isle in Newport Bay to the peninsula, located at Via Antibes at Via Lido, City of Newport
Beach, Orange County (Exhibits 1 and 2). The existing facility is privately operated and used
by the homeowners on Lido Isle and is not open to the general public. This facility is between
the first public road and the sea and is in Newport Bay.
The existing and proposed facility is located on tidelands which have been held in title by the
City of Newport Beach since September 1928. The subject property has been leased from
the City of Newport Beach to the Lido Isle Community Association since 1954. The site was
recently re -leased by the City of Newport Beach to the Lido Isle Community Association for
another 25 years, the lease is to expire on April 14, 2025. The City of Newport Beach has
joined as co -applicant (Exhibit 5).
The applicant is proposing to demolish an existing 16 slip residential boating marina which
covers 3,266 square feet of coastal waters (Exhibit 2, page 2). Demolition will include the
complete removal of all dock floats, gangways, and 10 existing guide piles. In addition, the
applicant is proposing to construct a new 16 slip marina with 134 linear feet of side tie
mooring area which covers 4,545 square feet of coastal waters in approximately the same
configuration as the existing marina (Exhibit 2, page 1). The new marina will have eleven 26-
foot slips and five 36 foot slips (the same as the existing marina). The new marina will
require the placement of 16 guide piles in coastal waters. The additional coverage of coastal
waters results from widening the five existing 36-foot slips from 14 feet wide to 15 feet
wide. In addition, the fingers forming the slips are being widened from the existing 3 foot
wide fingers to 3 foot 3 inch wide fingers. Finally, the headwalk is being widened from 4 feet
to 6 feet. No dredging is proposed.
5-00-157 (Lido Isle Community Association)
Page 8 of 11
the event of termination of the lease of the subject site, section C of Special Condition 3
requires the City of Newport Beach to agree to carry out the terms of section 3.A: so long as
the development approved by Coastal Development Permit 5-00-1 57 is in operation. Section
C also requires the City of Newport Beach to include a provision in any subsequent lease of
such property requiring the lessee to record a lease restriction, subject to the review and
approval of the Executive Director of the Coastal Commission, incorporating all of the terms of
clause (A) of this condition; and to comply with the requirements of clause (A) of this
condition.
Thus, as conditioned, the Commission finds that the proposed project would eliminate
significant adverse impacts to water quality. Therefore, the Commission finds that, as
conditioned, the proposed project is consistent with Sections 30230 and 30231 of the Coastal
Act.
3. Fill of Coastal Waters and Loss of Marine Habitat
The proposed project will involve the placement of 16 concrete guide piles in open coastal
waters. These dock float guide piles constitute fill of open coastal waters. Under Section
30233 of the Coastal Act, fill of open coastal waters is only allowed when several criteria are
met, including (a) the project must fall within one of the use categories specified; (b) the
proposed project must be the least environmentally damaging alternative; and (c) feasible
mitigation measures to minimize adverse environmental effects must be provided. Section
30233 of the Coastal Act states, in 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:...
(4) 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.
The proposed project meets the first criteria because it is the placement of piles for a new
expanded boating facility. Fill of open coastal waters for the construction of a new expanded
boating facility is an allowable use under Section 30233(a)(4) of the Coastal Act.
Under Section 30233, the proposed project must be the least environmentally damaging
alternative. Alternatives to the proposed project include no project, replacement of the dock
in precisely the same configuration, or a change to the existing configuration.
Under the no project alternative, the applicant could only pursue simple maintenance activity.
However, simple maintenance could not feasibly repair the docks, nor bring them up to
present engineering and safety standards. Simple maintenance would only prolong the
condition of the existing dock. While the rate of deterioration would be reduced, further
deterioration of the docks would not be fully abated. In addition, marine habitat would not
significantly benefit from the no project alternative because, despite all maintenance efforts,
5-L,J-1 57 (Lido Isle Community Association)
Page 9 of 11
the docks would continue to deteriorate resulting in the discharge of the deteriorated structure
into coastal waters and the marine environment: Furthermore, safe use of the facility for
marine recreational purposes would be precluded without replacement of the dock system.
Therefore, the dock system must be replaced.
The second alternative, replacement of the project in the same configuration would not reduce
the number of pilings required. The proposed project is approximately the same configuration
as the existing marina. However, modern engineering standards require a larger number of
pilings. Therefore, even if the marina were demolished and reconstructed in the exactly the
same configuration, the number of proposed pilings required would not change.
The proposed project will result in replacement of the existing dock with a new dock system
that is enlarged (due to new engineering and safety standards) but which is basically in the
same configuration as the existing dock. Under the proposed alternative, the dock and guide
piling layout is changing from the existing layout. However, the number of proposed pilings is
the minimum necessary to adhere to present engineering standards. Furthermore, it should be
noted that the installation of the new pilings will result in temporary disturbance to the
existing vertical substrate. The guide pilings provide a vertical substrate for mollusks and
other marine organisms. However, the proposed project will replace and increase the quantity
of vertical substrate upon which mollusks and other marine organisms may settle. Therefore,
no Tong -term impact will occur to this habitat. Also, the new dock would not significantly
change the shadow or shading pattern cast by the docks. In addition, since there is no
eelgrass in the project area, there is no sensitive subsurface vegetation which could be
adversely affected by changes to the shading pattern of the docks. Therefore, the proposed
project is the least environmentally damaging, feasible alternative.
The proposed project will result in the fill of open coastal waters for a boating facility, which is
an allowable use under Section 30233 of the Coastal Act. In addition, the proposed project is
the least environmentally damaging alternative, and does provide feasible mitigation measures.
Therefore, the Commission finds the proposed project is consistent with Section 30233 of the
Coastal Act.
C. Public Access and Recreation
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 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:[ ..J
(2) adequate access exists nearby, ...
5-_J-157 (Lido Isle Community Association)
Page 10 of 11
The proposed project is located seaward of the first public road within coastal waters. The
subject site contains an existing residential marina that has been leased from the City of
Newport Beach to the Lido Isle Community Association since 1954. The City recently
renewed the lease, extending the lease to April 14, 2025. The existing and .proposed marina
is a private facility which is and will continue to be leased to the homeowners on Lido Isle.
Public access exists nearby along the Lido bridge which connects Lido Isle to Balboa Peninsula
and the Lido Village area of Newport Beach. In addition, vertical access is available on Lido
Isle at the end of Via Antibes approximately 500 feet north of the project site. Therefore,
public access to the waterfront is available and the proposed project would not impede such
access. Therefore, the Commission finds the proposed project is consistent with the public
access policies of Chapter 3 of the Coastal Act.
D. Views
Section 30251 of the Coastal Act 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 views 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...
Public views of Newport Bay exist along the bridge leading out to Lido Isle as well as from
various street ends in the vicinity such as the end of 32"d Street which is across the project
site on the other side of the West Lido Channel. The proposed project will be visible from
these vantage points available to the public. The proposed project will be expanding the
amount of covered water from 3,266 square feet to 4,545 square feet, an additional
approximately 1,300 square feet.
A member of the public has submitted a letter which states that the proposed project will have
adverse impacts upon public views (see Exhibits 6 and 7 for the letter and the applicants
response to the letter). Specifically, the letter states that the expanded area of covered water
will be visible to the public and will have adverse impacts upon views of open coastal waters.
However, the subject public views are those of a developed harbor. Boat docks, gangways,
boats, and other marine recreational facilities surround the project site. The additional 1,300
square feet of coastal waters to be covered by the proposed project is not occurring in a single
area (i.e. it is not forming a continuous cover of a large area of coastal waters not previously
covered). Rather, the additional areas covered are a result of modifications to widths of the
dock floats which is occurring over the entire length of the facilities being constructed. The
effect of the change upon public views is minimal because such changes are occurring over a
large area. In addition, the changes are occurring in a developed harbor area where a person
viewing the harbor would expect to see structures related to boating purposes. The proposed
structures would be consistent with other boating related structures in the vicinity.
Accordingly, the proposed project is consistent with the character of the surrounding area.
Therefore, the Commission finds that the proposed project is consistent with character of
surrounding area and would not have any adverse impacts upon public views to and along the
5- -1 57 (Lido Isle Community Association)
Page 11 of 11
shoreline. Therefore, the proposed project is consistent with Section 30251 of the Coastal
Act.
E. Land Use Plan
Section 30604 of the Coastal Act provides for the issuance of coastal development permits
directly by the Commission in regions where the local government having jurisdiction does not
have a certified local coastal program. The permit may only be issued if the Commission finds
that the proposed development will not prejudice the ability of the local government to prepare
a local coastal program which conforms with the Chapter 3 policies of the Coastal Act.
The Newport Beach Land Use Plan was effectively certified on May 19, 1982. The proposed
development is consistent with the policies of the certified Land Use Plan. Therefore, the
Commission finds that approval of the proposed development will not prejudice the City's
ability to prepare a Local Coastal Program (Implementation Plan) for Newport Beach that is
consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a).
F. California Environmental Quality Act
Section 13096(a) of the Commission's administrative 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 project is located in an existing harbor in an urbanized area. Development already exists
on the subject site. The project site does not contain any known sensitive marine resources;
therefore, the impacts arising from the proposed project will be minimal. In addition, the
proposed development has been conditioned, as follows: to restrict the placement of
construction materials and use of on -site resources as construction material in order to
prevent impacts to soft bottom habitat; to require the identification of the proposed debris
disposal site to prevent the disposal of materials in a location which would have adverse
impacts on the marine environment such as the displacement of soft bottom habitat and
turbidity in the water column from siltation and debris; and to implement best management
practices to avoid adverse impacts upon water quality. As conditioned, no feasible
alternatives or feasible mitigation measures are known, beyond those required, which 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
the least environmentally damaging feasible alternative and is consistent with CEQA .
5-00-157 (Lido Isle Community Association) stf rpt
Exhibits 1 through 7 of the Staff Recommendation and Findings (Exhibit A) for CDP No. 5-00-
157 are on file and available for review at the Commission's South Coast office, 200 Oceangate,
Tenth Floor, Long Beach, California, 90802-4325.
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Content of Exhibits
Vicinity Map
Parcel Map
Correspondence from the California Regional Water Quality
Control Board
LOP Facsimile Transmittal from US Army Corps of Engineers
Correspondence from City of Newport Beach
Correspondence from Roger Duerr
Correspondence from Lido Isle Community Association
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
-South _Coast Area Office
200 Dceangate, Suite•1000
nng Beach, CA 90802-4302
;2) 590-5071
W13e
EXHIBIT D
Filed:
49th Day.:
1 80th Day:
Staff,
GRAY DAVIS, Governor
July .5., 200.0
August 23, 2000
January 1 001
.KFS-LB
Staff :;Report: September 21, 200.0
Hearing Date: October 10-13, 2000
Commission Action: F CC 1? 101 i 1t7i
Dr -
STAFF REPORT: REGULAR CALENDAR
APPLICATION NUMBER: .5-00-157 . .
APPLICANTS:
AGENTS:
,.
PROJECT LOCATION: Via Antibes at Via Li.do, City ,of.Newport Beach,- Orange County
PROJECT DESCRIPTION: -Demolition of an existing 3,266 square foot residential marina
with 16 slips and 10 guide plies and construction o.f .a.4,546 square.f.00t residential
marina with 16 slips plus 134 feet of side tie area and 1 6 guide piles.
Lido Isle .Community Association
City of 'Newpo.rt Beach
Shellmaker Inc.
Mel Ricliley
SUMMARY OF STAFF RECOMMENDATION:
The proposed project .is a boating related facility which will result in the fill of coastal waters
(for guide piles) and have impacts upon water quality. Staff recommends APPROVAL of the
proposed development with three special conditions including: 1) conformance with
construction responsibilities and best management practices 2) identification of a construction
debris disposal site; and 3) implementation of a water quality management plan to minimize
impacts upon water quality from the operation of a boating facility.
LOCAL APPROVALS RECEIVED: Approval in Concept, City of Newport Beach Fire & Marine
Dept. #173-201, November 10, 1.999
OTHER AGENCY APPROVALS RECEIVED: 1) U.S. Army Corps of Engineers LOP 200001270-
SMS; 2) Regional Water Quality Control Board review, November 1 8, 1999..
STATE OF CALIFORNIA -- THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
45 FREMONT STREET, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE AND TDD (415) 904-5200
August 31, 2001
Homer L. Bludau
City Manager
CITY OF NEWPORT BEACH
P. O. Box 1768
Newport Beach, CA 92658-8915
RECE1�1E [)
°01 SEP -6 P12 :02
OFFICE OF THE CITY CLERK
CITY OF NEWPORT BEACH
Re: CDP 5-00-157 (Lido Isle Community Association)
Dear Homer L. Bludau:
Enclosed is a copy of the revised Agreement To Be Bound. There were minor changes
made, and if you have any questions or concerns, please feel free to call.
The Lease Restriction has been forwarded to the Lido Isle Community Association today for
recording. When we receive a conformed copy of that recorded document, we will insert the
recording information in the Agreement To Be Bound on page 2 and Exhibit B, and forward the
document to your office.
Sincerely,
Pat)4ty-L)
Pat Sexton
Legal Assistant
Enclosures