Title
Appeal of Harbormaster’s Decision to Deny Robalo 180 Vessel Assignment and Variance to Onshore Mooring S-124
Recommendation
The permit guidelines for onshore moorings indicate the maximum mooring length is eighteen feet. On September 5, 2024, a mooring permittee requested a variance to the mooring length limit and assignment of a new, proposed vessel to onshore mooring S-124. On September 10, 2024, the Harbormaster denied the request as the length of the vessel is documented at eighteen feet, four inches and exceeds the eighteen feet maximum length of the permitted mooring. The permittee has appealed the denial to the Harbor Commission.
Recommendation:
a) Determine that the action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
AND
b) Hold an appeal of denial hearing and, if justified, adopt Resolution No. HC2024-03 affirming the Harbormaster’s decision to deny the variance and vessel assignment request to Mooring S-124.
OR
c) Hold an appeal of denial hearing, amend or rescind the Harbormaster’s decision and allow the vessel assignment to Mooring S-124 after making all of the requisite findings pursuant to Newport Beach Municipal Code Section 17.05.140.D.2.