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Attachment A <br />2888 Bayshore Drive (Newport Marina) - Appeal <br />January 9, 2019 <br />Page 2 <br />under no obligation to build to the requirements of the motion. The applicant could submit a new <br />and different application for proposal including dolphin piles." <br />The applicant did not resubmit a revised proposal based on the Harbor Commission's conditions. <br />Instead, the applicant spent the following two years searching for a solution for ingress and egress <br />to a back channel via the north (opposite) side of the marina, adjacent to the Coast Highway <br />Bridge. This new 2018 design addresses all of the concerns raised in 2016 by eliminating a back <br />channel and corresponding access on the south side. The applicant has also proposed that the <br />southernmost finger be an additional 6 inches from the property line as an extra buffer. See <br />Attachment E and F. <br />Staff determined that the 2018 proposal was completely different from the 2016 proposal, and <br />warranted an independent, new review absent of any previous discussions or Harbor Commission <br />motions. <br />/_1,UW_1I <br />The neighbors at 2782, 2800, 2812 and 2832 Bayshore Drive are collectively appealing (See <br />Attachment G) the Harbor Resources Manager's decision to approve the 2018 proposed marina <br />based on the following: <br />1. The proposal is contrary to Harbor Commission approval requiring 26 -foot setback from <br />the Property Line and 24 -foot setback from bulkhead and 46 slips. <br />2. Failure to provide notice to known interested parties. <br />3. Inconsistent with health and safety standards. <br />4. Violates due process. <br />ADDITIONAL INFORMATION <br />The 2018 proposed plan conforms to the City's Harbor Design Standards without any requests <br />for variances. <br />In addition, please note the following: <br />1. Commercial marinas: No setbacks required for piers, gangways, floats and vessels. See <br />Attachment H. <br />2. Residential docks: Five-foot setback required for piers, gangways and floats. No setback <br />required for vessels. See Attachment I. <br />3. The Approval in Concept is conditioned so that cleats are not permitted on the southern <br />side of the southern finger adjacent to 2782 Bayshore Drive. <br />4. Private view corridors are not considered when evaluating harbor related projects. <br />5. The City is not required to provide notice to the surrounding community for routine projects. <br />In this case, the commercial marina is being rebuilt in a manner consistent with the current <br />configuration albeit with access to the backside of the marina from the north instead of the <br />south. <br />16-5 <br />