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2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision <br />February 12, 2019 <br />Page 2 <br />DISCUSSION: <br />2016 Project <br />In 2016, the Harbor Resources Manager granted an AIC that would allow for the <br />reconfiguration of the commercial marina at Newport Marina ("2016 Project"). Attachment <br />A is the 2016 Harbor Commission Staff Report with Attachments. One of the components <br />of the 2016 Project included ingress and egress to the back of the marina via the southern <br />entrance immediately adjacent to 2782 Bayshore Drive. The Harbor Resources <br />Manager's decision was appealed to the Harbor Commission by the property owner at <br />2782 Bayshore Drive due, in part, to concerns that the width of the southern access <br />channel would cause boats to drive into the appellant's water space. <br />After consideration of the appeal, the Harbor Commission upheld the Harbor Resources <br />Manager's approval yet placed additional conditions on the 2016 Project impacting the <br />ingress and egress from the southern entrance. The minutes of the October 16, 2016 <br />Harbor Commission meeting noted that the applicant was not obligated to build to the <br />requirements of the approved project, as conditioned, and that the applicant could submit <br />a new and different application for proposal including the use of dolphin piles. Attachment <br />B is the 2016 Harbor Commission Minutes and Notice of Harbor Commission's Decision. <br />2018 Project <br />Due to challenges in developing the 2016 Project as approved by the Harbor <br />Commission, the applicant submitted a revised plan to address concerns regarding <br />ingress and egress for the smaller vessels. Instead of the ingress and egress via the <br />southern side of the property as proposed in 2016, the applicant, in essence, flipped the <br />marina's configuration so that the current proposal provides ingress and egress to the <br />back channel via the north side of the marina adjacent to the Coast Highway Bridge <br />("2018 Project"). <br />Staff determined that the 2018 Project was a new application due to the significant <br />revisions from the 2016 Project previously approved by the Harbor Commission. <br />In September 2018, the Harbor Resources Manager approved the 2018 Project, with <br />special conditions including Special Conditions numbers 8 and 9 which prohibit vessels <br />from encroaching into neighbor's property and limitations as to the use of side -ties and <br />cleats. The Harbor Resources Manager's decision was then appealed by the property <br />owners at 2782, 2800, 2812 and 2832 Bayshore Drive based, in pertinent part, on the <br />following: (1) lack of due process/inadequate notice of the Harbor Resources Manager's <br />decision; and (2) inadequate setbacks as required by the 2016 Project ("Initial Appeal"). <br />Attachment C is the 2018 Appeal Letter to the Harbor Commission. <br />On January 9, 2019, the Harbor Commission held a public hearing on the Initial Appeal <br />and voted to uphold the Harbor Resources Manager's decision to approve the AIC. <br />Attachment D is the draft Harbor Commission Minutes to be approved at the next Harbor <br />Commission meeting on February 13, 2019. <br />16-2 <br />