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HomeMy WebLinkAboutAIC2021003STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300`�(.} ✓/p �- -"� LONG BEACH, CALIFORNIA 90802-4830 PH (562) 590-5071 FAX (562) 590-5084 y.l ANT WWW.COASTAL.CA.GOV Gee 2 °jryo April 28, 2022 F Permit No. 5-21-0632 OqT QFACH NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on February 18, 2022 and was reported to the Commission on March 9, 2022 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. cc: Commissioners/File Sincerely, John Ainsworth Executive Director Fernie Sy Coastal Program Analyst NPL?,02,1 003 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 301 E Ocean Blvd., Suite 300 Long Beach, CA 90802-4830 (562) 590-5071 q Application No.: Applicant: Agent: Location: Project Description: % cTr <�1z OAT eFACH W7b Staff: F. Sy — LB Date: February 18, 2022 ADOPTeD. ADIVITRA7't1'/E1M1T 5-21-0632 Julia Mumma Ritner Group, Attention Ron Ritner 74 Linda Isle, Newport Beach, Orange County (APN No. 050-451-33) l5ulkhead improvements consisting of tiebacks and a deadman and removal and replacement of an existing deck cantilevered from the bulkhead associated with a single-family residence. EXECUTIVE DIRECTOR'S DETERMINATION The findings for this determination, and for any special conditions, appear on subsequentpages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission on March 9, 2022. PLEASE NOTE THAT THIS WILL BE A VIRTUAL MEETING. As a result of the COVID-19 emergency, and following California Assembly Bill 361, and the Governor's Executive Orders N-1- 22, N-15- 21, N-29-20, and N-33-20, this Coastal Commission meeting will occur virtually through video and teleconference. Please see the Coastal Commission's Virtual Hearing Procedures posted on the Coastal Commission's webpage at 5-21-0.632 Agmrna) r AO pIM9jraUvOPermit receive a paper copy of the Coastal Commission's Virtual Hearing Procedures pip -se call 415-904-5202. Pursuani#q,'I4 C%I. rrl?i. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including aRconditions, and return it to our office. Following the Commission's meeting, and once vie have recetvecl the signed acknowledgement and evidence of compliance witWj(speciialgc ridit5ons; we will send you a Notice of Administrative Permit Effectiveness. ^A 2 5-21-0632 (Mumma) Administrative Permit Contents STANDARDCONDITIONS........................................................................................................ 4 FINDINGS FOR EXECUTIVE DIRECTORS DETERMINATION....................................................... 4 A. PROJECT DESCRIPTION ....:.............. ............ B. WATER QUALITY................................................................................................................7 C. PUBLIC ACCESS ................................................. D. LOCAL COASTAL PROGRAM(LCP)................................................. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)...................................................................8 SPECIAL CONDITIONS ............................... .......................................................... 8 EXHIBITS Exhibit No. 1 — Location Mao Exhibit No. 2 — Site Plan/Elevation Plan Exhibit No. 3 — Section Plan 3 5-2l. 0632 (Mumma) Administrative Permit STANDARD CONDITIONS Thispermit is granted subject to -the following.standard:conditions: 4 1. Notice of Receipt and Acknowleddinent. Th'e permit is not valid and development shall not commence until a copy of the, permit,. signed by.the.permittee or authorized agent, acknowledging receipt of the permit and accepta(tce,`ot the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the perrp'it WjIl,e,Xptre two yeprs from the date the Commission voted on the application D, _ .. mentshall be purswed ina diligent manner and completed in a reasonatile''p'eri'od of time. Application for extension of the permit must be made prior to the..60r.Ptjoo date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualiflad;person;,provided, assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms aP0 conoipons snap oe. _perpetual,eoe pe - itnOmxtfee-to-bindall future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages eight through ten. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION A. PROJECT DESCRIPTION The proposed project involves bulkhead improvements consisting of four (4) tiebacks and a deadman and removal and replacement of an existing deck cantilevered , approximately 33 ft. long and 5 ft. wide, from the bulkhead in the same location associated with a landside single-family residence (Exhibits No. 2-3). An existing 4 5-21-0632 (Mumma) Administrative Permit private dock system associated with the landside single-family residence is located onsite adjacent to the existing cantilevered deck and bulkhead, but no work to it is proposed with this project. The subject site is located at 74 Linda Isle in the locked gate community of Linda Isle in the City of Newport Beach, Orange County (Exhibit No. 1). The proposed cantilevered deck is associated with the single-family residence on the applicant's landside property. The proposed cantilevered deck is similar in function to the other cantilevered decks associated with residential development within Linda Isle. The proposed development is consistent with past Commission actions in the area. The landside portion of the property where the proposed four (4) tiebacks and deadman will be located (existing tiebacks will be left in place) are within the City's permitting jurisdiction (Exhibit No. 2). This ,portion of the project has been approved by the City of Newport Beach because it is within the City's permit authority as designated in the certified, LCP (Title 21 of the Newport Beach Municipal Code). The City Zoning Administrator approved that portion of the development through Resolution No. ZA2020-076 (Coastal Development Permit No. CDP2020-1.35). The remaining portion of the project consisting of the replacement of the existing cantilevered deck from the bulkhead in the same location is located within the Commission's original jurisdiction (Exhibite No. 2). The City has issued an Approval-l'n Concept dated April 22, 2021, for the project and the proposed cantilevered deck has been designed in compliance with the patio deck standards of Municipal.Code,Section 21.30C.050(Cy)(5).,Specifically, the deck would project a maximum of 5-feet beyond the bulkhead, maintains minimum setbacks of feet from the prolongations of the side - property lines; and would be located outside Tidelands Trust, which are mapped State tidelands administered by the City. The subject deck cantilevered from the bulkhead is located over submerged land that is owned and managed by the Linda Isla Community Association. Pursuant to Public Resources Code section 7552.5, the submerged land is subject to a navigational easement that, in general, precludes the owner from preventing the public from using the waters for navigational purposes even if the submerged lands are not public trust lands. The proposed cantilevered deck will be landward of the designated pierhead line and, therefore, is not expected to interfere with navigation because pierhead-lines are established to ensure that docks and piers do not interfere with navigation. In addition, construction of the proposed cantilevered deck may hinder but would not completely obstruct the public's ability to access the water areas fronting the applicant's lot for recreational boating purposes and, as a practical matter, is unlikely to have much additional impact on public access due to the existence of the private dock that extends farther out. Thus, the proposed cantilevered deck would not be inconsistent with the navigational easement over the submerged lands. There is no direct public pedestrian access to public tidelands through the private residential lot at the subject site. However, public access to the bay exists in the area 5-21-PH2 (Mumma) Administrative Permit across the, -channel from the; Linda,tsle comet -unity along..the•ptibI1Q,welkwa.Ys o'n,Lido Island an''Balboa Island (Exhtlait,N'o.,J). Tberefore,"tha propgs d,pr4jeet,tloe9 not result in adverse impacts to public access or recreation. In order to preserve and maintain access to the public waters if development patterns change in the future or if there ari effort'to;expand public aceess,,pectal Contiton Ho: 2 is imp stating that theapproval of a coastal developrrvlent erm'it for protect :does not tnaive any public fights or interest that exist or may ei5t"sY on the pri3erty There,is potential'ortheddhar' oemdljtiooreoeuctio1.6debris ttocdastalfrh waters at the project site. This could reA'gI jr gOyppse,pffeots,din-the mane environment. The proposed development includes protective measures to ensure that after cgnstn,atign.',Tto enr that<atl"itapacttei(p�e�,�nd:po,;?cfSiysirrj�itipri) tm water:' .., 1 }.. •r,Ln.m wi'm iii}J aiiw�`.}h Ar..l.:.i..n!+M�..i_nn} y,.}]hl_fiaM.iaia4ri®Aei� iiYrnirklil�#cclivirvffi�ri�#�.t.5fi" . water gflality;,1Ab QjU. trrt sip t„-pRseI CA iAit vlVoy 1 wCils�h req�uu s z)tttt is not limited}a the a'ppropriatei 5§ ei&i4%it ndting 4# or it#trWDbon eptfiprfient)Wdr,: materials to,nmmim a the pdt n wat�of poNktfatjts to 4ritet isba tahwatf;rs{ Olt '0 continued use and maintenance;bf;'pdi *tot)str Lotion la1FlPs:,As.coridj`tione2i, the proposed project minimizes impacts to, biological resources consistent with Sections 30230 and 00231 of the Coastal.,Act.. The propQseal deskwill,Ize,cantilevver+ eredothofexf g,_bwlkheaftandrwil(Dave a ,, A Bulkhead Condititln Report Job*7507'),,were prepared'foi Associates; Inc dated Augusl a project=(cantilevered deck)-( Report assessed the conditioi and of the existing ut5A Bulkhead Conditions "The jetted =in pre -cast concrete panels and'the-cast lin-place coping of the seawall, along with the cantilevered. deck were found generally in good condition with minor repairable cracks which is typicalfor'a concrete structure of this vintage. Based on our site observation''we-confupe that the -existing seawall is required to protect d the proposeprincipal structure on the lot. • To'be-able to do so, the seawall shall be repaired/reinforced as reflectedomthe-enclosed Drawings. S-0 thru-S,2,,, The Coastal Hazards Analysis Report further states: _. "inaccordance with the guidance qnd tequireme_t is by California Coastal Commission; as reflected in the ctQuded area of the enclosed Table 28;,.pased upon direct interpolation of the data for High emissions 2b90 & 2100 and Medium-High.Risk Aversion, over the project's planning horizon: of 75 years, the'. estimated Sea -Level Rise (SLR) for year 2095.shall .be 6,0.0', which is the Sea- 5-21-0632 (Mumma) Administrativ& Permit Level Rise for the proposed project. Based on the highest high tide of +7.88'MLLW (7.70'NAVD88) recorded in the project area, the above established Sea -Level Rise will account for bay water level of,+13.70'NAVD88" The Coastal Hazards Analysis Report also states: "Per City of Newport. Beach Municipal Code standards, we have enclosed Table 28 with interpolated data for High emissions 2090 & 2100 and Low Risk Aversion. Based on that interpolation, the estimated SLR for year 2095 shall be approximately 2.95', which -is much smaller than -the governing estimated -SLR for Medium -High Risk Aversion. Based on the highest high tide of +7,88'MLLW (7.70'NAVD88) recorded in the project area, the above established Sea -Level Rise will account for bay water level of`+1CA5'NAVD88.'1 The Coastal Hazards Analysis Repoft.further states: "if found not adequate for the actual sea level rise over the next 75 years;, the existing seawall/bulkhead assembly, including the concrete wall at the entire bayward edge of the new concrete deck, allows tgjflcreasgd;n height= to+13.7'NAVD88 without further seaward encroachment." Thus, the proposed development will not adversely affect the condition of the bulkhead, will not prevent repairs to the bulkhead in the future, and will not prevent sea level rise adaptation measures which may implemented along and atop the bulkhead in the future. B. WATER ,QUALITY The proposed work will be occurring on, within, or adjacent,fp coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters could result in an adverse effect on the marine environment. To reduce the potential for construction related impacts, on water quality, the special conditions are imposed requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the permit requires the continued use and maintenance of post - construction BMPs. As conditioned, the development conforms to Sections 30230 and 30231 of the Coastal Act. C. PUBLIC ACCESS The proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Therefore, as conditioned, the proposed development conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30262 of the Coastal Act. 5-21-06.42 (Mumma) D. LOCAL COA,§TA, FKQC;?JRAM,1 (LCFk);, The proposed -dp' P yidopment isiloq�ted,se��yKard,,olf the mqqn.,h igh,,tidPJinP,P9dJ Yvithin the Commission's original permit jurisdiction. The standard of review for development within the Commission's original permit jurisdiction -jqhapter&,of/th ,e: QQAstalA ct. The �, , , City of Newport Beach certified.LCP was certified on January 13, 2017,and may provide g di din­c64orAe46pMeAt,. AI§rso�`fditiorbclthe. proposed deWIclIgnent is consistent with �7 Ec,TQA,LlFORNIA,E0W1kQ_hJ ENTAL 'QUALITY1.ACT,(G5.QA), J, As cRndJYqnJ _jQ0mq1iy,0 �or,additionairfeasi h i, measures available that ;effO. 0hat the activity may have on the environment.. Therefore, the proposed project, as conditioned to mitigate the identified 1r#pabtsIj- it"thbliecIsFenvion in eriitallyrdtiliTiagind` feasible alternative and can be found consistent with the requirements of the Coastal Act ta&"rm W-CaiiW -IT SPECIAL CONINT11014W,; I�;!6, The permit is granted subject to the following special conditions:V 'Z:�rp lit A. Construction Responsibilities and Debris Removal 1 5" (1) No demolition or construction materials, equipment, debris; "� or fe`� iShall, be,olace P I I habitat I I tq.or stored where]t May enter r drain, r sensitive habitat, reqeiyog wafer$ or as l �a. in, or be s6bjeq w6ive,,wind, rain or tidal er9,6i9'h ehttlspersign;" � Any and all dp6rt4, rqsrQltihqfrorn dymbli.tion or construction activjti6 s, Pphyj_marin c�rAc.ion_maJt9'GT�'oiI ,sh 11 be remove d from _th rojEd gje Wlthih,24q ra of c in8f fhe :project; orl cp6§trqqtiQn,'dpbris and' s�p_djrnbrrt shall,be removed ffqm w6r;k 3heeta)s each d5y i6at demblitich or construction occurs, to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; (41 MElchinery or_c"_truQtion,materiaIs. not essential for, projept,, imprgy.qments will.not.0'e allowed,at any time, in the intqrtidal,70ne; (5) If turbid rbid conditions itions are generated during construction a silt. curtain will be utilized to control turbidity; 1: 5-21-0632 (Mumma) Administrative Permit (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; (7) Non buoyant debris discharged into coastal waters will- be recovered by divers as soon as possible after loss; (8) All trash and debris -shall be disposed in the proper trash and recycling receptacles, at the end of every construction day; (9) The applicant shall provide adequate disposal facilities for solid waste, including exce$s concrete, produced during demolition or construction; (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. 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 unless the Executive Director determines that no amendment or new permit is legally required; (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; (13) The discharge of any hazardous materials into any receiving waters shall be prohibited; (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible; (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562)590-5071 FAX (562) 590-5084 W W W. COASTAL.CA.GOV GAVIN NEWSOM, GOVERNOR April 28, 2022 Permit No. 5-21-0632 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on February 18, 2022 and was reported to the Commission on March 9, 2022 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, John Ainsworth Executive Director Fernie Sy Coastal Program Analyst cc: Commissioners/File " STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast District Office 301 E Ocean Blvd., Suite 300 Long Beach, CA 90802-4830 (562)590-5071 GAVIN NEWSOM, GOVERNOR W7b Staff: F. Sy — LB Date: February 18, 2022 ADOPTED ADM ITRATI/6 "PERMIT Application No.: 5-21-0632 Applicant: Julia Mumma Agent: Ritner Group, Attention Ron Ritner Location: 74 Linda Isle, Newport Beach, Orange County (APN No. 050-451-33) Project Description: Bulkhead' improvements consisting of tiebacks and a deadman and removal and replacement of an existing deck cantilevered from the bulkhead associated with a single-family residence. EXECUTIVE DIRECTOR'S DETERMINATION The findings for this determination, and for any special conditions, appear on subsequentpages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission on March 9, 2022. PLEASE NOTE THAT THIS WILL BE A VIRTUAL MEETING. As a result of the COVID-19 emergency, and following California Assembly Bill 361, and the Governor's Executive Orders N-1- 22, N-15- 21, N-29-20, and N-33-20, this Coastal Commission meeting will occur virtually through video and teleconference. Please see the Coastal Commission's Virtual Hearing Procedures posted on the Coastal Commission's webpage at I 5-29-0632:¢fyturnrne): receive a paper copy of the Coastal Commission's Virtual Hearing Procedures; :plpa.se . call 415-904-5202. Pursua4p�4 �al. % n s. Code sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions,. and return it to our office. Following the Commission's meeting, and once vve have received the signed acknowledgement and evidence of compliance with`aIl=specialecoridifioi s; we will send you a Notice of Administrative Permit Effectiveness. 2 3-21-06S2 (Mumma) Administrative Permit Contents STANDARDCONDITIONS........................................................................................................ 4 FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION....................................................... 4 A. PROJECT DESCRIPTION...............................................................................................................4 B. WATER QUALITY................................................................................. 7 .............................. C. PUBLIC ACCESS...........................................................................................................................7 D. LOCAL COASTAL PROGRAM (LCP)...............................................................................................8 E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).................... ...............8 SPECIALCONDITIONS.................................................................................... 8 ................. EXHIBITS Exhibit No. 1 — Location Map Exhibit No. 2 — Site Plan/Elevation Plan Exhibit No. 3 Section Plan 3 5-21-0632 (Mumma) Administrative Permit 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 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 development has not commenced, the permit will expire two, years from the date 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 term or 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 with the Commission an affidavit accepting all terms and conditions of the permit. 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. SPECIAL CONDITIONS: See pages eight through ten. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION A. PROJECT DESCRIPTION The proposed project involves bulkhead improvements consisting of four (4) tiebacks and a deadman and removal and replacement of an existing deck cantilevered , approximately 33 ft. long and 5 ft. wide, from the bulkhead in the same location associated with a landside single-family residence (Exhibits No. 2-3). An existing 4 "5-21-0632 (Mumma) Administrative Permit private dock system associated with the landside single-family residence is located onsite adjacent to the existing cantilevered deck and bulkhead, but no work to it is proposed with this project. The subject site is located at 74 Linda Isle in the locked gate community of Linda Isle in the City of Newport Beach, Orange County (Exhibit No. 1). The proposed cantilevered deck is associated with the single-family residence on the applicant's landside property. The proposed cantilevered deck is similar in function to the other cantilevered decks associated with residential development within Linda Isle. The proposed development is consistent with past Commission actions in the area. The landside portion of the property where the proposed four (4) tiebacks and deadrnan will be located (existing tiebacks will be left in place) are within the City's permitting jurisdiction (Exhibit No. 2). This portion of the project has been approved by the City of Newport Beach because it is within the City's permit authority as designated in the certified LCP (Title 21 of the Newport Beach Municipal Code). The City Zoning Administrator approved that portion of the development through Resolution No. ZA2020-076 (Coastal Development Permit No. CDP2020-135). The remaining portion of the project consisting of the replacement of the existing cantilevered deck from the bulkhead in the same location is located within the Commission's original jurisdiction (Exhibits No. 2). The City has issued an Approval -in Concept dated April 22, 2021, for the project and the proposed cantilevered deck has been designed in compliance with the patio deck standards of Municipal Code Section 21.30C.050(G)(5). Specifically, the deck would project a maximum of5-feet beyond the bulkhead, maintains minimum setbacks of 5 feet from the prolongations of the side property lines, and would be located outside Tidelands Trust, which are mapped State tidelands administered by the City. The subject deck cantilevered from the bulkhead is located over submerged land that is owned and managed by the Linda Isla Community Association. Pursuant to Public Resources Code section 7552.5, the submerged land is subject to a navigational easement that, in general, precludes the owner from preventing the public from using the waters for navigational purposes even if the submerged lands are not public trust lands. The proposed cantilevered deck will be landward of the designated pierhead line and, therefore, is not expected to interfere with navigation because pierhead' lines are established to ensure that docks and piers do not interfere with navigation. In addition, construction of the proposed cantilevered deck may hinder but would not completely obstruct the public's ability to access the water areas fronting the applicant's lot for recreational boating purposes and, as a practical matter, is unlikely to have much additional impact on public access due to the existence of the private dock that extends farther out. Thus, the proposed cantilevered deck would not be inconsistent with the navigational easement over the submerged lands. There is no direct public pedestrian access to public tidelands through the private residential lot at the subject site. However, public access to the bay exists in the area 5-21-0632 (Mumma) Administrative Permit across the channel from the Linda Isle communityalong the public walkways on Lido Island and Balboa Island (Exhibit No. 1). Therefore, the proposed project does not result in adverse impacts to public access or recreation. In order to preserve and maintain access to the public waters if development patterns change in the future or if there is an effort to expand public access, Special Condition No. 2 is imposed stating that the approval of a coastal development permit for the project does not,waive any public rights or interest that exist or may exist on the property. There is potential for the discharge of demolition or construction debris into coastal waters at the project site. This could result in adverse effects on the marine environment. The proposed development includes protective measures to ensure that coastal.waters and marine. resources will not be adversely, affected before, during or after construction. To ensure that all impacts (pre- and. -post- construction) to.water quality are-minimized,and to reduce the potential for construction related impacts on water quality, the Gomm ssion imposes SpeciahCondition No: 1, which requires:, but is not limited to, the appropriate+storage and handling of construction equipment and materials to minimize the potential of pollutants to -enter coastal waters; and the continued use and maintenance of post -construction BMPs. As conditioned,the proposed project minimizes impacts to biological resources consistent with Sections 30230 and 30231 of the Coastal Act. The proposed deck will be cantilevered over the.existing bulkhead and will have: a concrete wall located at the cantilevered deck,edge with a height of +10.70 ft. NAVD88. A Bulkhead Condition Report and a separate Coastal Hazards Analysis Report, (WSA Job: #7507) were prepared for the proposed development by,William Simpsons & Associates, lnc: dated August 4, 2020. The Coastal Hazards Analysis Report assumes a project (cantilevered deck) design life of seventy-five years. The. Bulkhead Condition Report assessed the condition of the existing bulkhead and states: "The jetted -in: pre -cast concrete panels and the cast -in -place coping of the seawall along with the cantilevered deck were found generally in good condition with minor, repairable cracks which, is typical fora concrete structure of this vintage. Based on our site observation, we conclude that the existing seawall is required to protect the proposed principal structure on the lot. To be able to do so, the seawall shall be repaired/reinforced as reflected on the enclosed Drawings S-0 thru S-2." The Coastal Hazards Analysis. Report further states: "In accordance with the guidance and requirements by California Coastal Commission, as reflected in the clouded area of the enclosed Table 28, based upon direct interpolation of the data for High emissions 2090 & 2100 and Medium -High Risk Aversion, over the project's planning horizon of 75 years, the estimated Sea -Level Rise (SLR) for year2095 shall be 6.00', which is the Sea- 0 5-21-0632 (Mumma) Administrative Permit Level Rise for the proposed project. Based on the highest high tide of +7.88'MLLW (7.70'NAVD88) recorded in the project area, the above established Sea -Level Rise will account for bay water level of +13.70'NAVD88." The Coastal Hazards Analysis Report also states: "Per City of'Newport Beach Municipal Code standards, we have enclosed Table 28 with interpolated data for High emissions 2090 & 2100 and Low Risk Aversion. Based on that interpolation, the estimated SLR for year 2095 shall be approximately 2.95', which is much smaller than the governing estimated SLR for Medium -High Risk Aversion. Based on the highest high tide of +7.88'MLLW (7.70'NAVD88) recorded in the project area, the above established Sea -Level Rise will account for bay water level of +10.65'NAVD88." The Coastal Hazards Analysis Report further states: "If found not adequate for the actual sea level rise over the next 75 years, the existing seawall/bulkhead assembly, including the concrete wall at the entire bayward edge of the new concrete deck, allows to be increased in height to+13.7'NAVD88 without further seaward encroachment." Thus, the proposed development will not adversely affect the condition of the bulkhead, will not prevent repairs to the bulkhead in the future, and will not prevent sea level rise adaptation measures which may implemented along and atop the bulkhead in the future. B. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters could result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the special conditions are imposed requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the, potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the permit requires the continued use and maintenance of post - construction BMPs. As conditioned, the development conforms to Sections 30230 and 30231 of the Coastal Act. C. PUBLIC ACCESS The proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Therefore, as conditioned, the proposed development conforms with Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. 5-21-0632 (Mumma) Administrative Permit D. LOCAL COASTAL PROGRAM (LCP) The proposed development is located seaward of the mean high tide line and is within the Commission's original permit jurisdiction. The standard of review for development within the Commission's original permit jurisdiction is Chapter 3 of the Coastal Act. The City of Newport Beach certified LCP was certified on January 13, 2017 and may provide guidance for development. As conditioned, the proposed development is consistent with the Chapter 3 policies of the Coastal Act. E::CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned„there are no feasible alternatives or additional :feasible mitigation measures available that wogJd substantially; jessen any significant adverse:effect=that the activity may have on the environment. Therefore, the proposed project, as conditioned to mitigate the identified impacts, is the -least environmentally,damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITION'S The permit is granted subject to the following special, conditions: 1. ' Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving Waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion; (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of'completion of the project;' (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; (4) Machinery or construction materials not essential for project, improvements will not be allowed at any time in the intertidal zone; (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity; ':3 5-21-0632 (Mumma) Administrative Permit (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss; (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. 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 unless the Executive Director determines that no amendment or new permit is legally required; (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; (13) The discharge of any hazardous materials into any receiving waters shall be prohibited; (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible; (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 5-21-0632 (Mumma) Administrative Permit 2. Public Rights and Public Trust The Coastal Commission's approval, of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property now or in the future. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant's SignatureDate of Signing 10 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY GAVIN NEWSOM GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 301 E Ocean Blvd., Suite 300 Long Beach, CA 90802-4302 (562)590-5071 W7b 5-21-0632 (Mumma) March 9,, 2022 EXHIBITS Table of Contents EXHIBIT NO. 1 — LOCATION MAP................................................................ 2 EXHIBIT NO. 2 — SITE PLAN/ELEVATIQN PLAN..:.... .. ......... .................3 EXHIBIT NO. 3 — SECTION PLAN ......... ......... ......... ........ .................4 t Zul' / /,Pill D to e ZZ ol•'�ivr� °.Gj i .� Q. , I i rl� rs a _r 1 N a= yA I�o t�N 9 9 a a y h al L v'�d 'N .V:z t tC MAI p J Z: 1 0 } - O'�r:+ r Y �p h U ��,•;" Nth ' '7a � i t;<'.: vQ )ors j J r ud 7t ta'xr - r � g , it",z,<" __ � .r .... j -'•p -�y alas nx ••w..ou.Y. •w epp uee�. 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