HomeMy WebLinkAbout10/14/2009 - Harbor CommissionNEWPORT BEACH HARBOR COMMISSION MINUTES
City Council Chambers
October 14, 2009
CALL TO ORDER 6:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Chair Karen Rhyne, Commissioners John Corrough, Marshall Duffield, Don Lawrenz,
Ralph Rodheim and Vincent Valdes were present; Commissioner Tim Collins was
absent.
Staff: Lome Arcese, Chris Miller and Shannon Levin
MINUTES: The minutes from the last meeting were approved with changes as mentioned.
ACTION & APPEAL ITEMS
Subject: Appeal the Harbor Permit / Approval in Concept for the AERIE Dock Structure at 201 -207
Carnation Avenue.
Issue: Should the Harbor Commission affirm, modify or reverse the decision of the Harbor
Resources Manager who approved the Harbor Permit / Approval in Concept of the AERIE
dock structure?
Discussion: The City Attorney and Jim Campbell were present. Chris refreshed everyone minds on
the issue and the conditions. We are following the appeals procedures as per Title 17,
and the Commission is governing under that appeals process to hear the appeal of the
Approval in Concept for the project. The Commission is tasked to judge if the project is
consistent with City Policies and Codes and the Design Criteria; will not create
navigational congestion or interfere with other permittees rights; and does conform to the
Local Coastal Plan. The Harbor Resources Manager has found that it does meet all
conditions. The appellant has raised the issues under CEQA and filed a lawsuit. There
are a total of 8 slips, same number of apartments, plus one guest side tie, which is not
clear in the conditions. The applicant has followed the EIR, downsized and has been
responsible so there is no reason not to approve it. Harbor Resources, Planning and the
City Attorney have thoroughly researched it. It was suggested that we modify condition
#13 by the City Attorney and present the plan prior to approval.
Public Comments:
Steven Miles, the appellant representative, reserved time at the end. We are asking that the
Commission approve the appeal as this project is aggressively excessive. It is claimed that the
project will not impact, but by definition will impair navigation, recreation and environmental uses
of the CA Public Trust Doctrine. We claim that the EIR is not in compliant with CEQA. There has
been an insufficient analysis of a reasonable range of alternatives. The project reducing
residential dwelling units but is increasing the dock, it is a contradiction and is not a true analysis.
There is a smaller dock analysis. All the issues have not been analyzed and air quality has not
been quantified. The special conditions are illusory and do not address the perceived impact of
the project; number 13, inclement weather, when will a plan be submitted and how will it address
storm surge and navigation and recreation impacts.
Tim Payon, Applicant council, wants to address the issues raised by Mr. Miles. He misconstrues
the project and they looked at the EIR for the entire project. We need to clarify that the plans are
for 8 slips and a guest side tie, not a total of 9 slips, to equal the 8 resident units.
Kent Moore who lives across the street from the project, is not a marine structural expert and has
seen this surge and storms in this part of the bay. He has never seen the current dock in this
area damaged due to a storm or surge, but others in the neighborhood have. Please affirm the
earlier decision of the project.
• Brion Jeannette, architect: Chris Miller has been very diligent in reviewing this project and all
issues have been addressed throughout the process. The owner is establishing a protocol to
protect the sand dollar even though it is not an endangered species. The owner is in full
compliance and will honor all special conditions imposed. We are asking that you deny the
appeal.
• Steven Miles expressed his concern with special condition #13. What will the plan do, when it be
prepared and how will that address the safety concern. We don't think it can and we don't know
what it will say and believe it is in violation of the EIR. This project started as a Negative
Declaration and the City took the path of least resistance. It is the most intense form of
development in both boat dock and marina and has not been taken into consideration. We ask
that the permit be reversed.
Action: Commissioner Lawrenz made the motion to uphold the decision of the Harbor Resources
Manager who approved the Harbor Permit/Approval in Concept of the AERIE dock
structure with the following modification: The number of slips must be clarified in the
conditions and an inclement weather plan must be submitted to the Harbor Resources
Manager for approval prior to approval. The motion was seconded and carried with all
ayes. The item will come back for adoption of resolutions, findings and modifying permit
at the November 18th meeting.
HARBOR RESOURCES UPDATE — Chris gave a PowerPoint presentation on harbor updates. Chris
made sure that the tug and barge will not affect the Christmas Boat Parade and must follow all rules.
The update is posted at http✓/ www .newportbeachca.gov/index.aspx ?page =462 (under Harbor
Resources Updates).
RECOMMENDED TOPICS FOR FUTURE AGENDAS:
• Sea Lions mitigation
• Statewide Coastal Marina Process — Jim Sinasek will come to the next meeting to bring information.
DATE OF NEXT MEETING: November 18, 2009
ADJOURNMENT