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2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision <br />February 12, 2019 <br />Page 3 <br />On January 22, 2019, the appellants filed an appeal of the Harbor Commission's <br />January 9, 2019 (Attachment E) decision to approve the proposed marina reconfiguration <br />at 2888 Bayshore Drive to the City Council ("Appeal") based upon on the following: <br />1. The new approval is inconsistent with the prior City approval in 2016; <br />2. The 2018 approved plan is incompatible with the surrounding residences; <br />3. The approval of the 2018 plan sets a precedent that would be detrimental to <br />Newport Harbor and its residents; and <br />4. The City failed to comply with the mandates of CEQA. <br />ENVIRONMENTAL REVIEW: <br />Staff recommends the City Council find this project exempt from the California <br />Environmental Quality Act ("CEQA") pursuant to Section 15302 (Replacement or <br />Reconstruction) and Section 15301 (Existing Facilities) of the CEQA Guidelines, <br />California Code of Regulations, Title 14, Chapter 3. CEQA Guidelines Section 15302 <br />(Class 2) applies to the "replacement or reconstruction of existing structures and facilities <br />where the new structures will be located on the same site as the structure replaced and <br />will have substantially the same purpose and capacity as the structure replaced[.]" <br />Section 15301 (Class 1) applies to the "operation, repair, maintenance, permitting, <br />leasing, licensing, or minor alteration of existing public or private structures, facilities, <br />mechanical equipment, or topographical features, involving negligible or no expansion of <br />existing or former use." The proposed replacement marina is in the same location and is <br />substantially the same size, purpose and capacity as the marina it replaces. The <br />overwater coverage of the new marina increased by 4.1 % from 12,787 square feet to <br />13,318 square feet. The number of slips decreased from 53 to 50 with the slip mix <br />remaining balanced. <br />The Environmental Information Form for the 2018 AIC was inadvertently omitted from the <br />previous Harbor Commission staff report, and is attached herein. (Attachment F). <br />NOTICING: <br />The agenda item has been noticed according to the Brown Act (72 hours in advance of <br />the meeting at which the City Council considers the item). <br />ATTACHMENTS: <br />Attachment A — 2019 Harbor Commission Staff Report with Attachments <br />Attachment B — 2016 Harbor Commission Minutes and Notice of Harbor Commission's <br />Decision <br />Attachment C — 2018 Appeal Letter to Harbor Commission <br />Attachment D — 2019 Harbor Commission Minutes <br />Attachment E — 2019 Appeal Letter to City Council <br />Attachment F — Environmental Information Form <br />Attachment G — Public Notice <br />Attachment H — Resolution No. 2019-17 <br />Attachment I — Public Comments <br />16-3 <br />