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CAA PLANNING <br />January 22, 2019 <br />Ms. Leilani Brown <br />City Clerk <br />City of Newport Beach <br />100 Civic Center Drive <br />Newport Beach, CA 92660 <br />Subject: Appeal of Harbor Commission Decision of Harbor Permit Number 1502-2018 <br />Dear Ms. Brown: <br />On behalf of Kevin Moriarty, Glen Walcott, Zach Fischer, and Terry Morrison (identified herein <br />as appellants), CAA Planning, Inc. (CAA) submits an appeal of the Harbor Commission decision <br />of January 9, 2019, which upholds staff approval of Harbor Permit/Approval In Concept 1502- <br />2018 issued September 27, 2018. <br />The City Council is authorized to hear the appeal of decisions made by the Harbor Commission <br />resulting from the administration of the City's code under H.C. 17.65.010(B). Initiation of this <br />appeal is made to the City Clerk in conformance with H.C. 17.65.030.A. Consistent with the <br />requirements for an appeal, the appeal form and a deposit in the amount of $194.32 are included <br />with this letter, and serve as an adequate initiation of the appeal process. <br />The reasons for the appeal of Harbor Permit/AIC No. 1502-2018 are: 1) the new approval is <br />inconsistent with the prior City approval in 2016; 2) the 2018 approved plan is incompatible with <br />the surrounding residences; 3) the approval of the 2018 plan sets a precedent that would be <br />detrimental to Newport Harbor and its residents; and 4) the City failed to comply with the <br />mandates of CEQA. Supporting facts are provided below. <br />AIC No. 1502-2018 Not Consistent with Approved Project <br />In 2016, the City's Harbor Commission approved a plan for Newport Marina following an <br />appeal initiated by Mr. Moriarty. The October 12, 2016 meeting minutes detailing the approval <br />and the Harbor Resources Department summary of the approval are attached. The Harbor <br />Commission provided a general envelope for development including identification of setbacks <br />from the southerly property line and from the bulkhead. The approval also included a limit on the <br />number of boat slips. <br />The City's Harbor Design Criteria section I.A.2.a.(3) specifies that, "These Standards are to be <br />considered minimum requirements for the cases represented and, at the City of Newport Beach <br />30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, CA 92675 • (949) 581-2888 9 Fax (949) 581-3599 <br />