CDP Morehart 2808 Lafayette Avenue Newport Beach

Applicants property Rhine Channel Aerial Photograph from City post-dredging report, Feburary 23, 2012

Property on West Bank, Rhine Channel New bulkhead CDP Cannery Restaurant Cannery Village CDP Property Line Lancaster’s Addition Applicant’s Property

Enlargement of Exhibit J Applicant’s Property, with boundaries in red US Bulkehad Line US Pierhead Line

Approximation of bulkhead location

Building approved in CDP No. P (Ziemer) showing building and wharf which failed in 2000 to right and remaining and existing buildings to the left Wharf building from north side 2000 Failure Shear Line Parking deck on wharf Remain ing buildin gs

The wharf structure gave support to the remaining buildings. The wharf and upper deck sheared from the Entire frontage of The existing building in two locations, at the first and second level. There was also a partial connection at the third level.

Swamp & Overflowed Lands Location 3089

Blow up of 1890 Swamp and Overflow Land Survey Lot 6, Sec. 28 Lot 2, Sec. 33

State Lands Identification of Location of Applicant’s Property

Location of the Applicant’s Property in relation to the boundary between Section 28 and Section 33 Section 28 Section 33 Sec 28/33 boundary Applicant’s property Exhibit F

SUMMARY The west bank of the Rhine Channel Has 1,282 feet of frontage. There are bulkheads on 1,222 feet of that frontage. There are agreed boundaries or constructed bulkheads at the property lines on 751 feet or 59% of the frontage. There are bulkheads on 471 feet of the remaining frontage that are not at the property lines but vary in distance from the property lines by 10 to 33 feet. Only the Applicant’s 60 feet does not Have a bulkhead.

Chapter 74, Stats – Grant of Tidelands to City of Newport Beach For the establishment, improvement and conduct of a public harbor: and For the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and street, and other utilities, structures, and appliacances necessary or convenient for the promotion or accommodation of commerce and navigation.

Early 1920’s plan for the improvement of navigation channels in Newport Bay. No Rhine Channel dredging is proposed. Lancaster’s Addition, No Rhine Channel End of dredged channel Exhibit P

1936 Federal Harbor Lines The Rhine Lancaster’s Addition The boundary of the Rhine is uniformly 100 feet from Lafayette Avenue

Harbor Lines continue to show Lancaster’s Addition as having all property uniformly 100 feet deep from Lafayette Avenue to the Rhine Channel. Rhine Channel Lancaster’s Addition Applicant’s property Army Corps of Engineers, Harbor Lines, 1950

Rhine Channel identified as “Waterways Dedicated or Reserved” and distinct from “Tidelands/Submerged Lands. Applicant’s Property, all above ordinary high water mark Lancaster’s Addition

Public Resources Code Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or upgraded where feasible.

Public Resources Code 30253(b) b) Assure stability and structural integrity, and neither create no contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that substantially alter natural landforms along bluffs and cliffs.

Staff Report p. 23 Staff Report p. 20 (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that substantially alter natural landforms along bluffs and cliffs. Section (b) including omitted language

The Applicant asks that the Commission amend the motion to approve to remove Special Condition Nos. 2, 3, 4, 5, and 9.