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HomeMy WebLinkAboutItem 1 - Appeal for Dock Reconfiguration 2115 Bayside DriveCITY OF NEWPORT BEACH HARBOR COMMISSION STAFF REPORT Agenda Item No. 1 April 21, 2010 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Shannon Levin, (949) 644 -3041 Shannon @newportbeachca.gov SUBJECT: Appeal for Dock Reconfiguration at 2115 Bayside Drive ISSUE: Should the Harbor Commission allow the applicant to add an extension to his float beyond the Pierhead Line at 2115 Bayside Drive? OPTIONS: The Harbor Commission may: 1. Affirm the decision of the Harbor Resources Manager to deny the proposal to add an extension to the existing float; or 2. Modify the decision of the Harbor Resources Manager; or 3. Reverse the decision of the Harbor Resources Manager. BACKGROUND: At 2115 Bayside Drive Mr. Tsong proposes to add (1) 23' float to the existing landward - most finger and (1) 10" pile on the U- shaped float that currently extends past the U.S. Pierhead Line and is considered 'existing non- conforming' (Attachment C). Unless otherwise noted in Council Policy H -1, dock structures are not permitted to extend beyond the Pierhead Line. In addition, Council Policy H -1 requires that "piers shall be subject to special permits approved by the Harbor Commission." Harbor Resources denied the permit because the proposed addition increases the overhang of the float beyond the Pierhead Line. With a slip width of 20 feet, an 83 feet vessel with a 20 feet beam could berth in the slip causing a Project Line overhang of at least 12 feet (Attachments B). With respect to the frontage on the property, there appears to be space for the extension without encroaching upon the neighbor's property to the east. In addition, there are (2) single -can moorings that are located approximately 200' away from the proposed finger and existing float. As part of the City's upcoming mooring boundary readjustment, this mooring field will be relocated slightly northward and will decrease the distance between the float and nearby moorings (Attachment D). Because of the large channel area in 2115 Bayside Drive —Dock Reconfiguration April 21, 2010 Paget front of this property, there appears to be significant space for safe ingress and egress from the slip and side tie. For all dock projects which involve reconfiguration, Special Conditions are written outlining the responsibilities the pier permittee has in relation to the dock, the property lines and the allowable overhang into the harbor. Typically, piers are also conditioned to allow vessels to overhang beyond the fingers by their beam width only. Since this proposal extends beyond the Pierhead Line and is therefore requesting an exception, the Commission might consider an overhang limit for the inside slip and outside side -tie if they approve the proposed configuration. In 2006, the applicant applied to extend each finger of the existing dock by 40'. The proposal was denied by Harbor Resources and subsequently heard before the Harbor Commission as an appeal. The Commission affirmed Harbor Resources' decision. ENVIRONMENTAL REVIEW The Harbor Commission's approval of this item is categorically exempt from CEQA under section 15301, Class 1, Existing Facilities. "Class 1 consists of the operation, repair, maintenance, permitting, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." PUBLIC NOTICE: This agenda item has been noticed according to the Ralph M Brown Act (72 hours in advance of the public meetings at which the Harbor Commission considers the item). Prepared by: Shannon Levin Harbor Resources Supervisor Attachments 2115 Bayside Drive —Dock Reconfiguration April 21, 2010 Page Attachment A- 2115 Bayside Dr. Attachment B 2115 Bayside Drive —Dock Reconfiguration April 21, 2010 Attachment C - Proposed Configuration 2715 Bayside Drive —Dock Reconfiguration April 21, 2010 Page INE t; J� ti L y VICIIJITY SKETCH N..,.wanr BwY G.: Vn�+t�U k. I '6- SoVn dn�t Rh. r4Pwv fted � ! {ei and o �' dPlFt Ar /Ow M'epn �Mr� Ce.i 1..(fJii. M,o ve...... yr ei !i a cprn�ximv /a /y roAr/ .: '�E_13C�s_'Ca'9J.lE5 �i tom' I i Ide I Vw ie SGbOe o ' WIPAt a A-DD Z3' K6' ExsfMlia �o Exis4ln9 P /04T IHO Attachment D — Upcoming Mooring Boundary Adjustment 2115 Bayside Drive —Dock Reconfiguration April 21, 2010 Page