September 22nd, 2011

Dana Point Harbor Now is proud of the efforts made to assure the Dana Point Harbor Revitalization Plan works for the members of our broad and diverse community. The City of Dana Point's Local Coastal Program Amendment, LCPA 03-06, was approved by the California Coastal Commission (CCC) in a way that restores and preserves recreational boating facilities while enhancing visitor serving amenities.

With change, there are always differing opinions and healthy debate. In this case, that has served to make the process stronger and ultimately a more sustainable plan for everyone involved. In response to the positive progress made, to address dissenting opinions and documented changes, an update is in order.

The items below in red, were changes requested and currently being circulated to the public. Many of these items below, in red, have been addressed by the CCC as suggested modifications to the Dana Point Harbor Local Coastal Program (LCP) Land Use Plan and the Implementation Plan. Commentary and excerpts from the documents, related to changes that have been made by the CCC are included below each red item. The 2,000 plus members of Dana Point Harbor Now, support these efforts and the amended documents already approved by the CCC and the City of Dana Point..

• Maintain existing dry boat storage capacity. Do not build a 9,000 square foot retail store where boats are stored on trailers. The store, if it must be built, should be moved to the optional 10,000 square foot restaurant pad in the Commercial Core.

Response: The California Coastal Commission (CCC) required 493 dry boat storage spaces be provided. The 9,100 s.f. freestanding marine retail store was removed from the plan by the CCC.
Chapter 4.5.r of the Implementation Plan reads:

Dry Boat Storage: Facilities for dry boat storage shall maintain space for at least four hundred and ninety-three (493) boats to be stored on dry land in the Marine Services Commercial area (Planning Area 1); four hundred (400) of these spaces may be provided in a dry storage facility (dry stack building, deck and/or surface storage areas). The existing functionality and mode of use of surface boat storage by boaters should be provided within any dry stack boat storage facility to the maximum extent feasible. Additionally, a minimum of ninety-three (93) surface boat storage spaces, that can accommodate vessels that can not be stored in a dry stack storage building, shall be maintained within the Harbor at all times and additional spaces shall be provided where feasible.  

• Maintain existing dry boat storage capacity. Do not build a 9,000 square foot retail store where boats are stored on trailers. The store, if it must be built, should be moved to the optional 10,000 square foot restaurant pad in the Commercial Core.

Response: The California Coastal Commission (CCC) required 493 dry boat storage spaces be provided. The 9,100 s.f. freestanding marine retail store was removed from the plan by the CCC.
Chapter 4.5.r of the Implementation Plan reads:

Dry Boat Storage: Facilities for dry boat storage shall maintain space for at least four hundred and ninety-three (493) boats to be stored on dry land in the Marine Services Commercial area (Planning Area 1); four hundred (400) of these spaces may be provided in a dry storage facility (dry stack building, deck and/or surface storage areas). The existing functionality and mode of use of surface boat storage by boaters should be provided within any dry stack boat storage facility to the maximum extent feasible. Additionally, a minimum of ninety-three (93) surface boat storage spaces, that can accommodate vessels that can not be stored in a dry stack storage building, shall be maintained within the Harbor at all times and additional spaces shall be provided where feasible.  

• Maintain existing Land Use allocation for Shipyard Operations, including Jet Ski sales and service, kayaks rental and storage and dry boat storage. Scale back Commercial Expansion to eliminate encroachment and or elimination of recreational boating resources.

Response: The existing Shipyard Operations are being maintained on the existing 1.6 acres. The dry boat storage area (1.0 acre) will continue to be maintained for that use.
Chapter 4.5.p of the Implementation Plan reads:

Shipyard: A shipyard shall be maintained in the Marine Services Commercial Planning Area and shall be no less than 1.6 acres in size, excluding any water area. The expansion, modification or renewal of the shipyard lease shall be required to demonstrate that the proposed size of the lease area is adequate to maintain a full-service shipyard facility that includes boat haul-out and repair services. Boat-owner self-repair areas are encouraged. 

• Maintain the existing capacity of dry boat storage available today in planning area 2 and the North end of planning area 1, estimated to be 620 spaces. Scale back Commercial Expansion to eliminate encroachment and or elimination of recreational boating resources.  

Response: There are 516 existing dry boat storage spaces. The CCC required that a minimum of 493 be maintained.
Chapter 4.5.r of the Implementation Plan reads:

Dry Boat Storage: Facilities for dry boat storage shall maintain space for at least four hundred and ninety-three (493) boats to be stored on dry land in the Marine Services Commercial area (Planning Area 1); four hundred (400) of these spaces may be provided   in a dry storage facility (dry stack building, deck and/or surface storage areas). The existing functionality and mode of use of surface boat storage by boaters should be provided within any dry stack boat storage facility to the maximum extent feasible. Additionally, a minimum of ninety-three (93) surface boat storage spaces, that can accommodate vessels that can not be stored in a dry stack storage building, shall be maintained within the Harbor at all times and additional spaces shall be provided where feasible. 

• Restore and maintain dedicated boater parking at the original design level. Re-define “multi-use” parking to protect slip renters as opposed to restaurants and stores. Scale back Commercial Expansion to eliminate encroachment and or elimination of recreational boating resources.

Response: The CCC approved designated boater parking at the ratio of 0.60 spaces per slip in the same lots that exist today. Only one small lot will need to be relocated due to the proposed development.

Chapter 14.2.j of the Implementation Plan reads:

Designated Boater Parking – Parking for 2,409 boat slips shall be provided at a minimum ratio of 0.60 parking spaces per slip or end tie.

Chapter 14.4.1 of the Implementation Plan reads:

Joint-Use or Shared Parking: The approval of a parking reduction due to joint-use or shared parking shall be based on the following findings:
1. Such modification shall not have a negative impact on parking for commercial, visitor-serving, boater, parks or other recreational uses.

• Restore and maintain Launch Ramp Trailer/Tow Vehicle Parking functionality. Restore original geometry to optimize compliance with Department of Boating and Waterways Design Guidelines. Increase size of parking spaces to accommodate typical use (Proposed design is minimum allowed). Scale back commercial core expansion, do not move “The Street of the Golden Lantern” and do not place parking garage in trailer/tow vehicle parking area.

Response: The CCC did require more spaces (334) and larger spaces (10’ x 40’ and some larger) be provided. The location of the parking deck has not moved but there is an option being discussed to lengthen and narrow the parking deck to remove the “panhandle” shaped area and “square off” the launch ramp parking lot area for improved circulation.

Chapter 14.2.j of the Implementation Plan reads:

Public Launch Ramp Facility: There shall be no net loss of the existing three hundred thirty four (334) vehicle with trailer parking spaces. Redesign and expand the existing five and seven tenths (5.7) acre boat launch facility to maximize the number of vehicle with trailer parking spaces meeting Department of Boating and Waterway guidelines (10 x 40 feet). Some larger and smaller vehicle with trailer parking spaces shall also be provided in adequate amount to meet demand as determined through the coastal development permit process.

• Retain “Park Like Setting” by scaling back commercial core expansion and reducing maximum building height increase. Current zoning maximum is 35’ with a proposed increase to 65’ the park like setting will be eliminated. Reduce increase to 45’.

Response: The Coastal Commission did require some changes to the building heights and some specific language regarding where certain building height exceptions can be allowed.

Chapter 5.5.c of the Implementation Plan reads:

Building height limit: All new development shall not exceed a maximum building height of thirty-five (35) feet; any exceptions to this height limitation, up to a maximum of sixty (60) feet, shall be required to demonstrate all of the following:

1. Significant coastal public views through scenic corridors and from scenic viewpoints as shown on Exhibit I-8-1, Dana Point Harbor View Corridors, of the certified Land Use Plan are protected and enhanced.
2. The combination of architectural design and building heights shall utilize irregular massing with offsets in the plan, section and roof profile to break-up the façade of the structures and provide a pedestrian setting when viewed from the Festival Plaza and marina areas.
3. The buildings are connected to the parking deck podium structure used to create direct vehicular and pedestrian access to the Day Use Commercial amenities, with additional unobstructed views of the ocean and marinas provided from new elevated public vantage points.
4. With the exception of Conceptual Building 4 (the new building proposed in the Dana Wharf area), any additional height above forty (40) feet shall be for architectural features only that do not increase the gross floor area for the purpose of determining parking requirements.
5. No more than fifty percent (50%) of the total roof area of the structures shall exceed forty (40) feet in height and no more than twenty-five percent (25%) of the same roof area shall exceed fifty (50) feet in height. An exception to this limitation may be permitted for Conceptual Building 4, (the new building proposed in the Dana Wharf area) with a building footprint of less than 5,000 sq. ft., if the majority of the upper level is used to accommodate a harbor-wide view for purposes of harbor-related public safety operations.
6. Public/boater access to the dry boat storage/public boat launching facilities are maintained.
7. Architectural elements including building heights have been incorporated into the design of the buildings to promote a village atmosphere and maintain the existing community character of the area.

Elevators, appropriately screened mechanical units and chimneys that do not exceed ten percent (10%) of the total roof area for all new and existing, remodeled structure not in excess of thirty-five (35) feet, nor exceed the height limit by more than five (5) feet shall be permitted.

Baseline Numbers:

In response to the City of Dana Point City Council, adopting the suggested modifications approved by the California Coastal Commission for the Implementation Plan for Local Coastal Program Amendment LCPA06-03 for the Dana Point Harbor Revitalization Plan and District Regulations, Bruce Heyman, in a blog posted August 14, 2011 pointed out what he felt to be a “serious element that is missing from [the] document”. The blog read as follows:

Boaters for Dana Point Harbor had made a good case for, and the California Coastal Commissioners agreed that, the numbers the County/City are using for the number of slips, parking and most importantly dry boat storage must be "trued up" before any Coastal Development Permits are to be issued for the Commercial Core expansion projects. This provision is missing from the document presented to the City Council Members and approved by their action.

Parking Management Plan shall also provide accurate (baseline) numbers for the number of slips in each area of the harbor, the number of dry boat storage spaces, and the number of parking spaces which currently exist, based on legal and permitted development. These baseline numbers shall be used in development of the Parking Management Plan