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HomeMy WebLinkAboutCDP 5-18-0094 Notice of Intent STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G.BROWN JR.,GOTLRNOR CALIFORNIA COASTAL. COMMISSION SOUTH COAST DISTRICT OFFICE 3 200 OCEANGATE,1 OTH FLOOR �m LONG BEACH,CALIFORNIA 90802-4416 PH(562)590-5071 FAX(562)590-5084 _ W W W.COASTAL.CA.GOV �4tivow KIP Page 1 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the"prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On December 12, 2018,the California Coastal Commission approved Coastal Development Permit No. 5-18-0094 requested by Todd Pickup, Pickup Living Trust subject to the attached conditions, for development consisting of: Reinforcement of an existing seawall involving earth anchors, deadmen and a seawall cap and also removal of an existing 1,152 square foot boat dock system with a 3 foot by 18 foot gangway and replacement with a 1,105 square foot boat dock system and a 3 foot by 24 foot gangway associated with a single-family residence on a bayfronting lot., more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: 23 Harbor Island Newport Beach (Orange County) (APN: 050-230-27) Page 2 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-18-0094, please contact the Coastal Program Analyst identified below. Sincerely, John Ainsworth Executive Director Fernie Sy Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, then permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Page 3 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 4. Assignment. The permit may be assigned to any qualified person,provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Revised Project Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two (2) sets of final revised project plans. The intent behind the required revised project plans is to minimize eelgrass shading impacts of the proposed new dock float(with no direct eelgrass impacts), and identification of the materials to be used for the proposed guardrail on top of the seawall. The revised plans shall indicate: 1)the removal of the existing 10-foot x 12-foot pier platform and 3-foot x 18-foot gangway; 2)placement of the proposed new 3-foot x 24-foot gangway on the revised west dock float finger; 3) removal of the groin walls from the bay, consistent with Special Condition No. 6 below, and 4)the entire proposed dock float will be shifted to the east by approximately one foot. If glass plating is used for the guardrail, it will be frosted or etched to avoid bird strikes. The revised project plans shall be in substantial conformance with the plans submitted on February 7, 2018, March 23, 2018 and November 26, 2018. The revised plans submitted to the Executive Director shall bear evidence of Approval-in- Concept of the revised design from the City of Newport Beach Harbor Resources Division. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 2. Newport Tidelands Encroachment Permit from the County of Orange. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT,the applicant shall submit, for the review and approval of the Executive Director, a copy of the Newport Tidelands Encroachment Permit from the County of Orange regarding the proposed project, or a letter of permission, or evidence that no permit or permission is required. The applicant shall inform the Executive Director of any changes to the project required by the County of Orange. Such changes shall not be incorporated into the project until the applicant obtains a Commission amendment to this coastal development permit amendment, unless the Executive Director determines that no amendment is legally required. ' Page 4 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 3. Future Removal of Appurtenances and Improvements to Shoreline Protective Device. Authorization of the repair and maintenance to the existing protective device(i.e., new coping and tiebacks) within State Tidelands which is the subject of this permit shall be limited to the term of the existing Lease agreement between the applicant and the County of Orange commencing in March 22, 1988 for a period of forty-nine (49) years until March 22, 2037 for the exclusive, private use of filled public State Tidelands lying between the extension of the property side lines from the adjudicated mean high tide line to the U. S. bulkhead line. Authorization of improvements to the existing protective device beyond the term of the existing Lease agreement (March 22, 2037) shall require proof of a Lease extension or renewal that expressly authorizes or allows for continued placement of the existing protective device upon the State Tidelands. By acceptance of this Permit, the applicant agrees, on behalf of itself and all successors and assigns, that, in the event no valid Lease extension or renewal exists, the landowner(s) of 23 Harbor Island shall submit a CDP request to i) remove all improvements within State Tidelands approved under this Permit in accordance with any applicable Lease agreement conditions, and ii)restore the State Tidelands in accordance with any applicable Lease agreement conditions. PRIOR TO THE ISSUANCE OF THE PERMIT,the applicant shall submit, for the Executive Director's review and approval, a written agreement between the applicant and the Commission for removal of the improvements to the existing shoreline protective structure on State tidelands as required by this special condition. The agreement shall be consistent with this action and the findings upon which it is based. 4. No Future Expansion of Existing Shoreline Protective Device and Future Removal of Development. A. By acceptance of this permit, the applicant agrees, on behalf of itself and all successors and assigns,that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the shoreline protective device that is the subject of Coastal Development Permits No. 5-18-0094 and A-11-21-75-6647 shall be undertaken if such activity extends the footprint of the subject shoreline protective device bayward in order to protect the existing landside development including, but not limited to,the residence and garage, foundations, patio and any future improvements, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, flooding, sea level rise or other natural coastal hazards in the future. By acceptance of this permit,the applicant hereby waives, on behalf of itself and all successors and assigns, any rights to construct such shoreline protective devices that may exist under applicable law. B. By acceptance of this Permit, the applicant further agrees, on behalf of itself and all successors and assigns, that the landowners shall remove and/or relocate, in whole or in part, the development authorized by this permit, if any government agency has ordered that the structure is not to be occupied due to any of the hazards identified above, in subsection A. of this condition. In the event that portions of the development fall to the bay before they are removed, the landowner shall remove all recoverable debris associated with the development from the bay and lawfully dispose of the material in an approved disposal site. Removal of any development from the subject property and from areas bayward of the subject property, shall require an amendment to this coastal development permit or a new coastal development Page 5 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) permit, unless the Executive Director determines that no coastal development permit is legally required. 5. Assumption of Risk,Waiver of Liability and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from waves, erosion, storm conditions, liquefaction, flooding, and sea level rise; (ii)to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii)to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv)to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 6. Removal of Groin Walls. Existing groin walls located perpendicular to the existing seawall along the easterly and westerly portions of the property shall be evaluated for removal in connection with the authorized seawall repairs. The groin walls shall be removed if doing so would not result in impacts related to the structural integrity of the existing seawall and property, or adjacent seawalls and properties including dock structures. The project applicant shall submit an engineering report for the Executive Director's review analyzing the removal of the groin walls. If removal of the groin walls would impair the integrity of existing improvements, their removal shall not be required. PRIOR TO THE ISSUANCE OF THE PERMIT, the applicant shall submit, for the Executive Director's review and approval, an engineering report analyzing the removal of the groin walls as required by this condition. If removal of the groin walls does not impair the integrity of existing improvements, their removal shall be required. 7. Future Development. This permit is only for the development described in Coastal Development Permit No. 5-18-0094. Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(a) shall not apply to the development governed by Coastal Development Permit No. 5-18- 0094. Accordingly, any future improvements to the seawall authorized by this permit, including but not limited to repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a)-(b), shall require an amendment to Permit No. 5-18-0094 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. 8. Pre-Construction Eelgrass Survey. A valid pre-construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre-construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. If any portion of the project commences in a previously undisturbed area after the last valid eelgrass survey expires, a new survey is Page 6 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) required prior to commencement of work in that area. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy"Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval by the Executive Director within five (5)business days of completion of each eelgrass survey and in any event no later than fifteen(15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new Coastal Development Permit. Post-Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required by this special condition, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (SCEMP) (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post-construction eelgrass survey for the review and approval by the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the SCEMP. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation:impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new Coastal Development Permit unless the Executive Director determines that no amendment or new permit is legally required. 9. Pre-Construction Caulerpa Taxifolia Survey. Not earlier than 90 days nor later than 30 days prior to commencement or re-commencement of any development authorized under this Coastal Development Permit(the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa Taxifolia. The survey shall include a visual examination of the substrate. If any portion of the project commences in a previously undisturbed area after the last valid Caulerpa Taxifolia survey expires, a new survey is required prior to commencement of work in that area. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval by the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish& Game Page 7 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) (858/467-4218) or Robert Hoffman,National Marine Fisheries Service (562/980-4043), or their successors. If Caulerpa Taxifolia is found within the project or buffer areas,the applicant shall not proceed with the project until 1)the applicant provides evidence to the Executive Director that all Caulerpa Taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2)the applicant has revised the project to avoid any contact with Caulerpa Taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 10. Construction Responsibilities and Debris Removal. The permittee shall comply with the following construction related requirements: A. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. B. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. C. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. D. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. F. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. 1. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. K. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. ' Page 8 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) L. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. M. The discharge of any hazardous materials into any receiving waters shall be prohibited. N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. O. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity. P. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 11. Best Management Practices (BMPs) Program. By acceptance of this permit the applicant agrees that the long-term water-borne berthing of boat(s) in the approved boat dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A. Boat Cleaning and Maintenance Measures: 1. In-water top-side and bottom-side boat cleaning shall minimize the discharge of soaps, paints, and debris; 2. In-the-water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate-free and biodegradable shall be used, and the amounts used minimized; and 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. B. Solid and Liquid Waste Management Measures: l. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti-freeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. Page 9 December 18, 2018 Permit Application No.: 5-18-0094 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) C. Petroleum Control Management Measures: 1. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump-out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 12. Public Rights. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE DISTRICT OFFICE. w