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HomeMy WebLinkAboutM2012-0002M aGy GC SPATES of DEPARTMENT OF THE ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT REGULATORY DIVISION CARLSBAD FIELD OFFICE 6010 HIDDEN VALLEY ROAD, SUITE 105 CARLSBAD, CA 92011 April 3, 2012 REPLY TO/ ATTENTION OF: Regulatory Division. Robert Van Schoonenberg c/o: Swift Slip Dock and Pier Builders 2027 Placentia Ave Costa Mesa, California 92672 Dear Mr. Van Schoonenberg: Reference is made to your request (File No. SPL72011-00291-RJV), received by the Corps on March 21, 2011, for a Department of the Army authorization to construct the Robert Van Schoonenberg Boat Dock Project. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403) you are hereby authorized to conduct the work described below at 2234 Channel Road, within Newport Bay, in the City of Newport Beach, Orange County, California (33.5976, -117.8822) (see attached figure). Specifically, you are authorized to: 1. Remove the existing 709 square foot dock (15 -foot by 4 -foot and 15 -foot by 16 -foot piers, 22 -foot by 4 -foot gangway, and 21 -foot by 15 -foot floating dock) and replace with a 523 square foot U-shaped dock (10 -foot by 14 -foot pier, 3 -foot by 24 -foot gangway, and two 28 -foot by 4 -foot floating dock fingers); 2. Install two 2 -feet by 4 -feet grated panels at the end of each floating dock finger (4 grated panels in total); and 3. Remove the four (4) existing support piles under the pier and replace with two (2) pre- stressed concrete 14 -inch support piles and remove the two (2) existing guide piles for the float and replace with three (3) new pre -stressed concrete 14 -inch guide piles. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers. In addition, please use the two attached sheets to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). -2 - Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact R.J. Van Sant at 760-602-4837 or via e-mail at Richard.J.Vansant@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://12er2.nwi2.usace.army.mil/survey.html. Sincerely, Robert Revo Smith Jr., P.E. Senior Project Manager South Coast Branch Enclosure(s): Dock figure PERMITTEE DATE -3 - When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE -4 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on April 3, 2014. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: -5- a. The project involves the repair of existing structures that were originally constructed using wood products; b. The creosote treated pilings are wrapped in plastic; c. Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d. The plastic wrapping is sealed at all joints to prevent leakage; and e. The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see ham://swr.nmfs.noaa.gov/hcd/caulerpa/ccp.pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 6. The Permittee shall fully implement and abide by Coastal Development Permit (CDP) #5-11- 045, dated March 6, 2012, including, but not limited to, required Best Management Practices (BMPs) and mitigation and monitoring requirements for shading impacts to 1 -foot by 1 -foot of eelgrass, as outlined in the "Revised Eelgrass Mitigation Plan (2nd Revision), Robert Van Schoonenberg Residence, 2234 Channel Rd, Newport Beach, CA Dock Replacement Project #3857," prepared by WSSI Environmental Consulting, revised 25 January 2012. 7. The dock and guide piles shall be installed using a gravity hammer and silt/turbidity curtains shall be installed at all times during construction activities which have the potential to disturb sediment. 8. The Permittee shall conduct a post -construction eelgrass survey of the project area following completion of construction. The survey shall be completed in the same month as the pre - construction survey during the following growing season. The results of the survey shall be submitted to the Corps within 30 -days of completion. If the surveys show additional eelgrass impacts, aside from the 1 -foot by 1 -foot patch, the Permittee shall mitigate for the impacts at a 1.2:1 (mitigation to impact) ratio. W 9. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 10.The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five calendar days prior to such completion. 11.To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander,11th Coast Guard District (dpw) TEL: (510) 437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521-3860 E-mail: john.p.hennigan@uscg.mil a. The Permittee shall notify the U.S. Coast Guard, Commander,11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." -7- b. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c. Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 10. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. 11. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. In Further Information: Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. b. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be MI required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. -10 - LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2011-00291-RJV Name of Permittee: Robert Van Schoonenberg Date of Issuance: April 3, 2012 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): _ Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Richard.J.Vansant@usace.army.mil OR OR (2) FAX this certification, after signing, to: 760-602-4848 (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: SPL-2011-00291-RJV 6010 Hidden Valley Road, Suite 105 Carlsbad, CA 92011 -11 - LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2011-00291-RJV Name of Permittee: Robert Van Schoonenberg Date of Issuance: April 3, 2012 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Richard.J.Vansant@usace.army.mil OR (2) FAX this certification, after signing, to: 760-602-4848 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: SPL-2011-00291-RJV 6010 Hidden Valley Road, Suite 105 Carlsbad, CA 92011 -12- A licant: Robert Van Schoonenber File Number: 2011-00291-RJV Date: April 3, 2012 Attached is: See Section below X I INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -13- E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. " . N I U0 SAL ,ACTIO II ". ): 'RED P, REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, ou ma rovide additional information to clarifythe location of information that is alread in the administrative record. F - If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.j.cavanaugh@usace.agpy.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. SPD version revised Decemberl7, 2010 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 1 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 EDMUND G. BROWN, JR., GOVERNOR Page 1 of 8 Date: March 6, 2012 nom' Permit No: 5-11-045 COASTAL DEVELOPMENT PERMIT On December 7, 2011, the California Coastal Commission approved Coastal Development Permit No. 5-11-045, requested by Mr. Robert Van Schoonenberg subject to the attached conditions, for development consisting of: Demolition of an existing 709 sq. ft. floating dock, gangway, pier and four existing piles and installation of a new 10'x14' platform supported by two 14" diameter anchor piles, new 3'x24' gangway and "U-shaped" floating dock with grating material sections at the end of the dock fingers and supported by three 14" diameter guide piles, totaling 523 sq. ft. in water coverage. More specifically described it the application file in the Commission offices. The development is located within the coastal zone at 2234 Channel Road, Newport Beach, CA (Orange County), APN 048-293-16 Issued on behalf of the California Coastal Commission on March 6, 2012. CHARLES LESTER By: Executive Director ' ana Roman Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all.terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION. OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT , No. 5-11-045 Page 2 of 8 STANDARD CONDITIONS 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, the 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. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an 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: Revised Final Project Plans A. 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 revised final project plans with the City of Newport Beach Harbor Resources Department approval. The revised project plans shall be in substantial conformance with the plans submitted on February 25, 2011, except they shall be modified to avoid direct and indirect (shading) eelgrass impacts by 1) the U-shaped floating dock and 2) pier platform. Unavoidable indirect (shading) impact to a 1x1 eelgrass patch caused by the proposed location of the gangway shall be mitigated pursuant to SPECIAL CONDITION NO. 7. The proposed water coverage shall not exceed 523 square feet; in addition, the resultant dock shall not protrude farther seaward than the plans submitted on 2/25/11. B. 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 COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 3 of 8 without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 2. Eelgrass Survey A. Pre -construction Eelgrass Survey. A valid pre -construction eelgrass 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. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this 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 new eelgrass survey for the review and approval of the Executive Director within five (5) working days of completion of the new eelgrass survey and in any event no later than fifteen (15) working days prior to commencement of construction. If the new survey identifies, within the proposed project area, any eelgrass which is not documented in the eelgrass survey described in the Eelgrass Mitigation Plan approved by the Executive Director pursuant to SPECIAL CONDITION NO. 7, the newly identified eelgrass shall be transplanted prior to commencement of construction at a 1.2:1 (mitigation to impact) ratio at the same transplantation location(s) identified in the Eelgrass Mitigation Plan described in SPECIAL CONDITION NO. 7 below. The transplantation shall occur consistent with all provisions of the mitigation plan described in SPECIAL CONDITION NO. 7. B. Post Construction Eelgrass Survey. After completion of project construction, the applicant shall survey the project site to determine the quantity of eelgrass that was adversely impacted. This post -construction survey shall be completed in the same month as the pre -construction survey during the next growing season immediately following the completion of construction within coastal waters. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this 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 of the Executive Director within thirty (30) -days after completion of the survey. If any eelgrass has been impacted in excess of those disclosed pursuant to SPECIAL CONDITION NO. 7, the applicant shall replace the additionally impacted eelgrass at a 1.2:1 (mitigation to impact) ratio at the transplantation site(s) and in accordance with the mitigation plan described in SPECIAL CONDITION NO. 2, SECTION A above. The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 4of8 3. Pre -construction Caulerpa Taxilfolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this c Coastal Development Permit (the "project'), the applicants 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 Taxilfolia. The survey shall include a visual examination of the substrate. B. 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. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: for the review and approval of the Executive Director; and 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 (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa Taxilfolia is found within the project or buffer areas, the applicants shall not proceed with the development approved under this Coastal Development Permit until 1) the applicants provide evidence to the Executive Director that all C. Taxilfolia discovered within the project area and all C. Taxilfolia discovered within the buffer area have 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 applicants have revised the project to avoid any contact with C. Taxilfolia. 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. 4. 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. COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 5 of 8 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. I. 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. 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. COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 6 of 8 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. 5. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved 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: 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. 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: 1. 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. C. Petroleum Control Management Measures: 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. COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 7 of 8 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. 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, 6. 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 subject property including, but not necessarily limited to, the tideland and submerged land beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 7. Revised Eelgrass Mitigation Plan A. PRIG R TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the appl ant shall submit two (2) copies, for review and approval of the Executive Direc:or, of a Revised Eelgrass Mitigation Plan for transplanting and replacement of a 1x1 patch of eelgrass which would be unavoidably adversely impacted by the project and shall be in substantial conformance with the Revised Eelgrass Mitigation Plan, Robert Van Schoonenberg Residence, 2234 Channel Rd., Newport Beach, CA, Dock Replacement Project #3857 dated November 15, 2011, except as required to be modified as described below. The plan shall be prepared in consultation with the'California Department of Fish and Game and the National Marine Fisheries Service (NMFS). The plan shall be prepared consistent with the requirements identified below and the requirements of the Southern California Eelgrass Mitigation Policy (SCEMP), including but not limited to the requirements outlined relative to mapping, and mitigation site, size, techniques, monitoring and success criteria, but excepting the allowed exclusions and timing requirements that conflict with the requirements identified below. The plan shall provide that: (a) Unavoidable eelgrass shading impacts caused by the . gangway to a 1x1 patch of eelgrass shall be mitigated at a minimum 1.2:1 (mitigation to impact) ratio; (b) Adverse impacts to eelgrass shall be mitigated on-site to the maximum extent feasible and, for the portion that cannot feasibly be mitigated on site, off-site mitigation will take place. The final location of all on-site and off-site mitigation shall be specifically identified; COASTAL DEVELOPMENT PERMIT No. 5-11-045 Page 8 of 8 (c) The mitigation site(s) shall be covered with eelgrass at pre -project densities of the impacted site within five years of the initial planting; (d) Prior to commencement of construction of the portions of the approved project that would have direct impacts upon eelgrass beds, the eelgrass that would be directly impacted shall be transplanted, along with any supplementary planting in accordance with subsection (a) above, to the mitigation site(s). (e) A report that describes densities, and recommended maintenance and replanting measures shall be submitted annually to the Executive Director; (f) A comprehensive report describing the results of the plan shall be submitted at the end of the proposed five-year period; (g) A follow-up program shall be implemented if the original program is wholly or partially unsuccessful; (h) A final inventory and map showing the location of existing eel grass beds within the approved construction area and showing the areas of potential eel grass disturbance; (i} An inventory and map showing the location of existing eel grass beds, if any, within the mitigation site(s); and Q) Performance standards that will assure achievement of the mitigation goal (i.e., attainment of pre -project densities_ at the mitigation site(s) within five years). B. 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. 5-11-045(Van Schoonenberg) Printed on March 6, 2012 CITY OF NEWPORT BERCH r • -rl3,a Ico. n tMLLW PRC1.F,IC 124 i if V2 acv ZONA112111111"NIMM 52' EM, INSPECTION t5g Eolgraw, wrti iin i 4 ' of project LI-Eelgra witrtln 115 - 30' of projed o No elgrasrs in i•,r Oct area ignature its n Date & Time �I I� II I SCOPE OF WORK: I j �. Remove and replace existing dock, gangway, and pier, 3 new 14" pre -stressed concrete guide pile , 2 new 14" pre -stressed concrete anchor pile California Coastal Commission I I South Coast Distric O ticc Permit No. _ \- r I I I I EFFECCIVE 3 - 1 . �4''a rhos ►� HARBOR RESOURCES UR 1 9 i OF NEWPORT BEACH 22,34 CHANNEL ROAO NEWORT REACH. CA >, •;• • «•. _ ,, %�� l ► r, � �� rii�ris : off r•.� � .fir / . u �11 � 829 Harbor Newport -ak 92660 • ,, ► J s With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect. I . The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Cade. The project proponent understands that the above referenced structure(s) is under the purview of these Policie and Codes. . Any futr rework on the above mentioned structures requires permits with the City of Newport Beach and any other applicable agencies, Painting and work considered to be cosmetic in nature does not require a permit. . The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4my marine oriented uses are allowed on the pier, pierplatform, gangway and float. Patio furniture, plants etc...are not permitted'. 5. In accordance with Municipal Code 10.0 .0 g A. the project proponent shall obtain the proper permits for equipment and materials storage, "Except as otherwise provided in this,, section, no person shall use any public street, sidewalk, alley or parkway or other pudic property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks„ alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases... or the temporary storage of construction equipment or material provided a permit is issued pursuant. to Chapter 12.62 of this Code and the storage is consistent with provisions of the piniform wilding Code." The project shall be Implemented in confor°nance with the Local Coastal Program - Coastal' Land Use Ilan. Page I of s : iii s s • - •: ,;� �. s., � .•- • • s�- s � • • ss � a s o • s w Joint Pier ,... r fthdtbt& (if applidable) Print Name Date Page 2 of SWIFT SLIP DOCK & PIER BUILDERS, INC® 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAx EMAIL: amanda.swiftslip s�bal ne www.swiftslipdocks.com February 23, 2011 Adam Fisher California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Boat Dock & Pile Replacement Dear Mr. Fischer: .`may _ '. ,%➢fY �f .,.✓ � t�y�,�' / �� 1.` We are acting as agents for the applicant listed below. This is notification that we intend to replace the boat dock and pile at the address referenced below. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Bob Van Schoonenberg 2. Project Address: 2234 Channel Newport Beach, CA. 92661 3. Applicant Phone: (949)723-4666 4. Parcel Number: 048-293-16 5. Scope of Work: Remove and replace boat dock, gangway and piles and to match drawing dated 10-11-2011 6. Latitude/Longitude: N. 33'35'51.27, W. 117°52'56.91' 7. Applicable Fees: Enclosed is a check for the application fee of $77.00. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Y �l .ice !' .✓ __ �-_-__-- _-_.._ Amanda Spooner Permit Division F HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock, pier and gangway. Remove and replace 3-14" guide pile. R/R 2-14" anchor pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to tinai approval. Prooertv Address: 2234 Channel Road Legal Description: Harbor Permit Number: 107-2234 Plan Check Number: 0084-2011 Applicant: Robert Van Shcoonenberg Applicant's Mailing Address: 2234 Channel Road, Newport Beach, CA 92661 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find g They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: .)K Has been determined to be ministerial or categorically exempt ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources December 22, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions December 22, 2011 Property Address: 2234 Channel Road With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 CITY OF NEWPORT BFRCH CITY OF V1 NEHPORT BEACH ff�ST i / LFFER NDFWO BRYBRY (9-0 fALLW P C94Sfi RSI rC aC SAN WMT i VICINITY MAP UW PROFILE i' = 40` r Mrs JEM SOUNDINGS FM EXPRESSED IN FEET AND DENOTE ELEVATIONS WEED ON MRq L%,ER LOW ITER. s�• EEL. GRASS INSPECTION �— — — — — — — — — — — — — — —'�ZEelgrass within 160f project 0 Ealgraas within 15 - 30' of Project I N i p I l'1'y I �No--qlgrass "irproject area te-I �• ���'�UN�. a -I _.__ � � _�M_.. i lnspection Date $'Time SCOPE OF WORK: 76 / Remove and replace existing dock, -gangway, and pier. 3 new 14" pre -stressed concrete guide pile 2 new 14" pre -stressed concrete anchor pile I I I I „•-7' `4 I I 3it2,4� I W-6,- 2 I4"anchor poca HARBOR RESOURCES DIV o I CITY OF NEWPORT BEACH ii_.L��(A8a u PlE� I j� L 2234 CHANNEL ROAD NEWPORT BEACH. CA PLAN NtEW f' = 40' 'rF.IM'S NX mus 12 ZI .20111 2-027 Placentia Avenue, Costa Mesa, California 92627 CITY OF NERPORT BEACH pRCIrIC OCE - RIV VICINITY MAP om Jnr, avow EEE GRASS 14NSPECTION Eelgrass within 15' of project Eelgrass within 15 - 30' of project 7 No Eelgrass in project area bignatUre 10 ) In �' Inspection Bate & Time PROFILE 1' = 40 aw JErff SOI=M W UPREM0 IN FEET RE DENOTE a EVRTIONS WMI ON MEAN LOWER LOW WRTER. CITY OFNEWPORT BEACH 'S NAh� >�oBFRr V'a+► Sc hva� nbc+�9 PKO-Pa5 C p )1::f40Ar I P1J5eHfA1> Poc.K a ��-^ v t ky I y��Pt I I-- - 1 I -- 2-1y. ;m jd s. �uGKtf S"2,na 341 Char e I r/ JR©O 17 vh PLAN V I EW 1' =,20'r JOB ADDS ;.3Y Char)�e��iE HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax .(949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock, pier and gangway. Remove and replace 3-14" guide pile. R/R 2-14" anchor pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to tinal approval. Property Address: 2234 Channel Road Legal Description: Harbor Permit Number: 107-2234 Plan Check Number: 0084-2011 Applicant: Robert Van Shcoonenberg Applicant's Mailing Address: 2234 Channel Road, Newport Beach, CA 92661 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page I of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said pians, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions: Lisa Walters, Harbor Resources December 1 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Tease print 3 copies Worksheet for Building Combo Permit Application City of Newport Beach - Building Depart rRABOR RESOURCES uilding I—, Grading [—.....Drainage F- Elec F"�. MQTY VANN BE I Project Address (Not mailing address) Tenant Narne(if Applicable)F 2. Description of Work icant Units (if Residential) Use Valuation $ # Stories Cu Yd Cut - F77 Cu Yd Fill 177 Mrs. 4. Architect/Designer's Name Last FirstLic, No. . .... ...... ...... ... ............. .. Contractor's Address Contractor's E-mail Address ............. .. .................... - ............ .............. ................... ............ ................ F77 City State zip Telephone OFFICE USE ONLY ENERGY PIC FEE $ GRADING PIC FEE $ ELEC/MECH/PLUM PIC PERMIT NO. PLAN CHECK NO PLAN CHECK FEE $ ITY OF NEWPORT BEPCH cin w tam MIM PRCZprC OC CRIV VICINITY MRP om Mf OLVOW aw -t, U►D Gj� > PROF 1 LE 1 ` = 40' MW S MMM fa DOEM IN FEET FM M40TE aZVRTIQNS BRA ON {N LOiER LOW WRM- �Evj-r 'S NFA Ro6FRr -10►+. Sa 107 'ti` US• du4KN640 L{N� a2 3LI�oQ� e j 6 PLAN V I Kilt Vv =,20" JOB ;?231� ChetA Ae.\ TY OF NEWPORT SERC CITY OF NERPORT &ERGH BAY ■sr acWON k1f I TY OF ND CITY W MPMT BEACH pRC7rrC OCERN VICINITY MAP ram ear, GLVUM ,- � .j, �a it EEL GRASS INSPECTION JEelgrass within 16' of project Eelgrass within 15 - 30' of project No EeVc raEs in project area CITY OF 'RT BEACH mw R©BERr ,;w, So )%oo,we ��►►'�, gull �►- !ha LLW r( li �y n ' F �oifry w, PROFILE 1` = 40sm' XM MMM IM DFREZEE1 IN FEET IIID DENOTE UXMIONS RISC ON MEFIN LOWER LOW WliE:R. 1 Cly ppo-f L> 5 r- n ;:40A r ! & 4;,5. Plee lyb 00CcK- I � S se i "� `� p}�9 en • i I gt,,de prle. - y 6,ul-Ktl 64 ID ho%r ?tic J � •DC '` 12 341ehoo e I r� j2 ©Q C PLAN V I BN 1' JOB ADS Z 31 Cho APet� t CITY OF 'RT BEACH mw R©BERr ,;w, So )%oo,we ��►►'�, gull �►- !ha LLW r( li �y n ' F �oifry w, PROFILE 1` = 40sm' XM MMM IM DFREZEE1 IN FEET IIID DENOTE UXMIONS RISC ON MEFIN LOWER LOW WliE:R. 1 Cly ppo-f L> 5 r- n ;:40A r ! & 4;,5. Plee lyb 00CcK- I � S se i "� `� p}�9 en • i I gt,,de prle. - y 6,ul-Ktl 64 ID ho%r ?tic J � •DC '` 12 341ehoo e I r� j2 ©Q C PLAN V I BN 1' JOB ADS Z 31 Cho APet� woji�s� DIVE WORKS 429-0 Shoreline Village Drive (949)7S9-0773 Long Beach, CA 90802 Date of Post -Survey : October 31, 2011 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Pre -Construction Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 2234 Channel Rd., Newport Beach CA Attached are the Pre -Construction Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey Report after the completion of the of dock replacement and pile driving project for the above mentioned address. Eelgrass patches were observed at the same locations as noted in the Pre -Construction Eelgrass Mitigation Plan dated October 31, 2011. No Caulerpa Taxifolia was observed in subject area noted above. This is the Pre -Construction survey. The Preliminary survey conducted by WSSI November 1, 2010 determined that eelgrass patches had the potential to be negatively impacted by the new construction. This survey noted no change in eelgrass proliferation from the November 1, 2010 Preliminary Eelgrass survey. This is a Pre -Construction report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life reproduction. These survey's assist development projects by contractors like yourself to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmaii.com (949) 759-0773 Page 1 of 11 `° a1 DIVE WORKS << 429-0 Shoreline Village Drive 1j1�,1NG 5f.1tV1Gf' Long Beach, CA 90802 Robert Van Schoonenberg Residence 2234 Channel Rd, Newport Beach, CA Dock Replacement Project #3857 Prepared for Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Eelgrass Survey Report Prepared October 31, 2011 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Page 2 of 11 (949) 759-0773 wop �vpI- # Stt1tV 1CS Historical Review DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 The homeowner at 2234 Channel Rd, Newport Beach, CA have proposed a new dock configuration change for construction to avoid the existing eelgrass patches. A previous Preliminary survey conducted by WSSI November 1, 2010 determined that eelgrass patches had the potential to be negatively impacted by the new construction. It was determined that the proposed pier platform be moved to run 14' along the sea wall and 10' out from the sea wall. Also, the proposed dock would be a different configuration and would be a "U" shaped dock. Right below this new proposed pier platform resides two sparsely dense eelgrass patches. The height of the new pier platform above the two eelgrass patches is approximately 11' and will allow sunlight to directly rest on the eelgrass for approximately 1/2 of the day. Currently the sun shines directly on the eelgrass at least 1/2 the day. The sun rises Easterly and travels near overhead just to the North as the sun sets towards the West. This house faces East, therefore, the suns most intense rays will rest on the eelgrass up to about mid day. There is no eelgrass around the any piles, therefore, impact on eelgrass should be minimal since eelgrass is approximately 5' from piles. The proposed construction is a smaller "shade print" than existing pier platform and dock structure. This proposed pier platform will extend out from the sea wall 10'. The new dock shape will change from a solid rectangle to a "U" shaped dock allowing sunlight to penetrate water where currently the bottom is shaded due to existing dock. On June 20, 2011 WSSI submitted the PRELIMINARY EELGRASS MITIGATION PLAN and recommended the following 2 options. Survey Method Survey conducted October 31, 2011 beginning at 1130hr approximately N Lat 33.597641' - W Long 117.882288°. Day was sunny, no overcast in the mid 700s F. Water was 64° F. Depth ranged from sea wall of 9' to approximately 16 feet. visibility was 10 ft. Survey area to cover all shade and impact areas of existing and new dock construction. Survey conducted with divers spaced 3-5ft apart perpendicular to shoreline. Lane width was approximately 10 ft wide covering the entire area to ensure >75% coverage of bay floor. When Eelgrass was encountered, a 1ft. quadrant with transect tape and a ruler were used to measure density and blade lengths. Discussion Current dock, piles, platform and gangway are in terrible shape. The gangway hinge holding gangway to pier platform is nearly rusted through. A storm could break this hinge and the gangway could fall into the water and sink, possibly, on top of existing eelgrass. Page 3of11 �,e wok r 1 G� DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 The dock itself even though the piles are in fair condition has wood rot and the rollers for the piles are coming apart. It is possible in a storm or heavy seas (which this property is directly exposed to open water swells) that the dock can break free to become a navigational hazard or damage neighbors properties. The steel piles for the pier platform, all 4 are rusted nearly all through. If a neighbors dock or this properties dock breaks free one or more of these rusted piles can bend from the force of impact due to its weekend state from rust. Two options were given in the mitigation plan of which Option 1 was preferred over Option 2. After surveying area Option 2 would serve nearly as good a purpose due to the design of the proposed dock all construction is being conducted in areas that have no eelgrass, except, for 2 small patches up near the sea wall where the Pier Platform would be. The eelgrass under the Pier Platform would receive up to 1/2 the days sunlight due to its Easterly exposure and the sun rising from the East. The sun then travels West but North of this property so the sun would directly set on these eelgrass patches at least to noon day. Option 1: (Preferred): Conduct a detailed Pre -Construction survey to be followed by a Post - construction survey. Install 2 grating material sections (2' x 4') per finger to allow sunlight through dock. In comparing the effected eelgrass area to grating the grating is offering 8x the amount of area that has the potential impact or 32 ft square of sunlight penetrating at approximately 75% light penetration. Is it suggested that this may qualify for "suitable out -of -kind mitigation..." This grating material is suggested as mitigation offering suitable habitat for new eelgrass growth. This is suggested appropriate "out -of -kind" form of mitigation since estimated potential impact is <0.5 m sq. SCEMP (Rev. 11) Exclusions 12.(2) states "Projects impacting less than 10 square meters. For these projects, an exemption may be requested by a project applicant from the mitigation requirements as stated in this policy, provided suitable out -of -kind mitigation is proposed. A case-by-case evaluation and determination regarding the applicability of the requested exemption shall be made by the resource agencies." The new configuration dock proposed allows for more light to penetrate in areas that are now heavily shaded. Since eelgrass growth occurs in Newport Harbor between +1 ft MLLW and above -8 ft MLLW, this new area gaining sunlight.that is now currently shaded will. increase potential for new eelgrass to spread and grow over an additional +100 additional square feet due to proposed new dock construction. Page 4 of 11 10 VDIVE WORKS { 429-0 Shoreline Village Dave 9 49 ) 59— 0773 Long Beach, CA 90802 1. The existing pier platform and piles will be removed with proposed new pier platform set back against the sea wall with a 20' by 6' gangway extending down to a "U" shaped dock where the "U" interior will be open to sunlight around any vessel docked there. 2. The proposed "U" shaped dock will be angled to the South into an area where no eelgrass exists due current to shading in the latter part of the day, thus, allowing for the sunlight to rest 100% of the it's time on the North side of proposed "U" shaped dock where currently that area is shaded by existing dock. Option 2: (Recommended). Conduct Pre -Construction and Post -Construction eelgrass surveys. Monitor site for 2 years to determine if patches of eelgrass below pier platform were effect by proposed pier platform. Mitigation can be determined if any negative impact exists. It is possible eelgrass patches will migrate with the new season since there is not eelgrass with 5' of these two patches. om Page 5 of 11 ARM DIVE WORKS Long Beach, CA 90802 (949)759 773 Page 6 6 11 mm {E C DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 Page 7 of 11 DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form (949) 759-0773 This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Required Information Specific Location Name: 2234 Channel Rd., Newport Beach, CA (address or common reference) Newport Beach CA Report Date: October 31, 2011 Name of bay, estuary, lagoon, channel, or Newport Harbor harbor Permit Reference: (ACOE Permit No., CCC Permit No.) Site Coordinates: N 33.597641 Lat (LITM, Lat./Long., datum, accuracy level, attach W 117.882288 Long electronic survey area map if possible) Personnel Conducting Survey Robert Wiegand (if other than above) : (name, phone, e-mail) Sean Donovan Is this the first or second survey for this Third Survey project? Was Caulerpa Detected?: (if Caulerpa is found, please immediately contact NOAA Fisheries or CDFG personnel identified No Caulpera was found at this site. above). Description of Permitted Work: (describe briefly the work to be conducted at this site under the permits identified above) Page 8 of 11 W S,} k. x' DIVE WORKS 429-0 Shoreline Village Drive Long Beach, CA 90802 (949) 759-0773 Description of Site: Depth Range: 9 to 16' (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Substrate Type: Bottom is sediment of sand and heavy silt cover Please provide units for all numerical information). Temperature: Air 70's° Water 640 Salinity: Sale water Dominant Flora: Eel grass present, small patch filamentous ulva Dominant Fauna: Small fish, muscles Exotic species encountered Non encountered (including any other Caulerpa species): Other site description notes: None noted Description of Survey Effort: (please describe Survey date and time period: DATE: October 31, 2011 the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods TIME :11:30 AM employed, date of work, and survey density (estimated percentage of the bottom actually Horizontal visibility in water.- 10 feet' viewed). Describe any limitations encountered Survey type and methods: SCUBA during the survey efforts. Survey personnel: Robert Wiegand, Sean Donovan Survey Density: > 75% area surveyed Survey Limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Page 9 of 11 `4f, WOP DIVE WORKS «; { s 429-0 Shoreline Village Drive (949) 759-0773 Long Beach, CA 90802 I�CNC. SIiCt��C Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by City Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 16, 2011 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 2234 Channel Rd Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Name of bay, estuary, lagoon, channel, or Newport Harbor harbor Specific Location: N 33.597641 Lat (UTM, Lat./Long., datum, accuracy level, attach W 117.882288 Long electronic survey area map if possible) Was Eelgrass Detected: XXX Yes, Eelgrass was found at this site. EELGRASS WITHIN 15'— 30' OF PROJECT Description of Permitted Work: (describe briefly the work to be conducted at the site underthe permits identified above) Page 10 of 11 v WosG DIVE WORKS s 429-0 Shoreline Village Drive k ..' (949) 759-0773 Long Beach, CA 90802 Description of Site: Depth range: 9 to 16 feet (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand, dirt Temperature: Air 70's Water 64° Salinity: estuarine Dominant flora: One small patch of eelgrass, filamentous ulva Dominant fauna: Mussels, fish Exotic species None encountered Other site None description notes: Description of Survey Survey date and Survey conducted using SCUBA and Effort: (please describe the time period: underwater camera. surveys conducted including type of survey (SCUBA, DATE: October remote video, etc.) and 31, 2011 survey methods employed, TIME : 11:30 AM date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility 10' in water: Survey type and SCUBA methods: Survey Personnel: Robert Wiegand, Sean Donovan Survey density: >75% area surveyed Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (April 2009) Page 11 of 11 ENVIRONMENTAL CONSULTING WSSI 2726 Shelter Island Dr. San Diego CA 92106 —" (SOO) 236,0013 November 20, 2010 To: Pete Swift, Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass and Caulerpa Survey, Bob Van Schoonenbers Residence, 2234 Channel Rd, Newport Beach, CA, #3821 Dear Mr. Swift, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for a dock replacement project at 2234 Channel Rd, Newport Beach. No Caulerpa was observed, but eelgrass was found within 1 foot of the dock. The homeowner has proposed to change the configuration and location of the dock and gangway, which may impact several eelgrass patches. Pile removal and installment may also impact eelgrass. Given that impact to the eelgrass is likely, and also impossible to fully determine prior to the completion of the project, we recommend, per Section 2 of the Southern California Eelgrass Mitigation Policy, a post -construction survey within 30 days of construction to assess direct impact, and that a two-year monitoring plan also be initiated. This will allow full impact to be determined, at which point any necessary mitigation can then be planned for accordingly. This Preliminary Eelgrass report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, Kira Withy -Allen & Richard Mann WSSI Environmental Consulting 2726 Shelter island Dr. San Diego, CA 92106 800-818-1020 Office ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 Bob Van Schoonenbers Residence 2234 Channel Road Newport Beach, California Pete Swift Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Prepared 20 November 2010 a WSSI Environmental Consulting Kira Withy -Allen Survey Assistance By Molly Colvin ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 WSS.1 (8001236-0013 -- (8001225-9730 I'�ffiTffra =7 I The homeowner at 2234 Channel Rd has proposed to replace the existing dock and gangway. The replacement dock and gangway will have a different location and configuration than the existing dock, Pile removal and installation will be required. This survey was conducted to determine the presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the vicinity of the property lines. Please refer to additional documents submitted by Swift Slips for more information regarding the proposed dock. PORT BEAGH `. . . . . ...... e3 Efth 44' & z J 11 if . . .... .. . . 223=4 Cha He F dl ENVIRONMENTAL CONSULTING 2726 Shelter Island WSSI San Diego CA 92106 236-0013 * 225-9730 fa This survey was conducted on November 1 2010 beginning at 1045 hr, at approximately bpi 33.597599°, W 117.882227°. It was sunny and in the 70s°F, the water temperature was approximately 63°F. Two divers entered the water from a nearby beach since the house was an active construction site. The survey area was delineated to cover all shade -impacted and potential work areas and spanned approximately 68 ft (-21 m) by 75 ft (w23 m). Water visibility was approximately 3-6 feet. The divers surveyed along transects at approximately 5 ft (1.5 m) intervals, scanning a 3 -foot area on either side, through the entire survey area to ensure a minimum of 75% bottom area coverage (Figure 2). WIS'S I ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 I No Caulerpa spp. were observed (see attached Caulerpa Survey Reporting Form). Eelgrass was observed at the site, and within 1 foot of the floating dock (Figure 3). The bay floor was silty. Fauna observed included lots of sea hares, kelp fish, and mussels. The water depth ranged from ®2 ft near the bulkhead, to -8 ft MLLW by the channel. ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. WSSI San Diego CA 92106 f ) 236-0013 - (8001225-9730 (fax 4. A U. 5:23; AV 4,9 I :26 AIM < -- Day Mon, NGv 1, 2010 5 09 P11A 4.5 I! .25 PV M Wr�. Eelgrass was within 1 foot of the floating dock. It is not surprising that eelgrass is widely distributed throughout this area, since the home is located near the mouth of Newport Bay, and has the appropriate depth and sunlight availability that promotes eelgrass growth. Possible sources of impact to eelgrass from the proposed work include direct contact and increased shading. Proper best management practices (BMPs) should be taken to minimize impact during construction and to help ensure the preservation of this aquatic ecosystem. BMPs may include the use of silt curtains during pile installation, which will help to minimize potential impact caused by increased turbidity. Further, direct contact by equipment, including boat props, should be avoided, and unused equipment (dock materials/floats/boats, etc,) should be left where the eelgrass bed will not be shaded. A post -construction survey, conducted within 30 days of construction completion, will assess the effectiveness of BMPs in minimizing direct impact caused by the construction. We also propose a two-year annual monitoring plan in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) Section 2, "Boat Docks and Related Structures" and other permit conditions, to assess the full impact of shading of the eelgrass below the new dock. The two annual monitoring surveys would be conducted during the time period of August to October � w f z _ °t -.a ..� �,: 4 , .. �- r3 r f- �� s, _. � s� �r WSSIENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 OO 236-0013 - (8001225-9730 WVS ENVIRONMENTAL CONSULTING 2726 Shelter Island r. San Diego CA 92106 ENVIRONMENTAL CONSULTING WS 1 2726 Shelter Island Dr. San Diego CA 92106 "— Proposed and existing dock isvv) 236-0013 *(8001225-9730 (fa 1 1 1 , I I 1 I � � D 1 1 1 1 , 1 i 1 1 1 , 1 ' 1 1 1 1 i 1 1 1 1 1 1 1 � 1 1 1 , 1 i = 1 i § 1 , 1 1 � 1 1 1 '--------------------------- ----------------------------1 Mr. Pete Swift Swift Slips Dock & Pier Builders, Inc. 2027 Placentia Ave. Costa Mesa, CA 92627 ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 November 20, 2010 Re: Eelgrass and Caulerpa Surveys and Extended Monitoring for Bob Van Schoonenberg Residence, 2234 Channel Road, Newport Beach, CA Dear Mr. Swift, Per your request, here is a description of the pre and post construction eelgrass (Zostera marina) and Caulerpa sp. surveying and monitoring we can provide for you and your clients. In accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) and the Caulerpa Control Protocol (CCP), we will conduct a series of at least four surveys and produce a report following each survey. First, we will conduct a pre -construction survey and generate a detailed report no earlier than 60 days prior to your commencement of construction. This will ensure the absence of the invasive Caulerpa and will guide more detailed best management practices (BMPs) in order to avoid and minimize any impact to nearby eelgrass. Then, within 30 days of project completion, we will conduct a post -construction survey. The results of this survey and report will be used, as necessary, to guide any mitigation in accordance with SCEMP and as advised by the US Army Corps of Engineers (USACE), the National Marine Fisheries Services (NMFS) and the California Department of Fish and Game (CDFG). The third and fourth surveys are annual, and will be conducted during the first and second years following project completion. These annual surveys will be conducted during the latter half of the active growth phase, typically August through October, and reports documenting changes or other impacts will be generated. If NMFS or other regulatory agencies determine the need for additional monitoring or mitigation planning, WSSI would gladly assist upon further negotiations. The cost for four surveys, including two divers and report write-ups, will be $5,000.00. Please feel free to contact myself if you have any questions. Sincerely, Richard Mann WSSI Environmental Consulting & Monitoring 2726 Shelter Island Dr. San Diego, CA 92106 mann@wssica.com Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxi, folia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 20 November 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 2234 Channel Road, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.597599 Lat accuracy level, and an W 117.882227 Long electronic survey area map or hard copy of the map must be included Survey Contact: name, hone, e-mail)Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen & Molly Colvin, above): (name, phone, kirawithyallen@wssica.com e-mail Permit Reference: pending (ACOE Permit No., RW CB Order or Cert. No. Is this the first or second First survey surve for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. Description of Permitted Work: (describe briefly the work to be conducted at the site The existing dock and gangway location and configuration will be changed. Pile removal and installation will be needed. under the permits identified above) Description of Site: Depth range: _ (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate e: Temperature: 63-deq F Salinity: salt water Dominant flora: Eelgrass, small kelp holdfasts, Sarga.ssum sp . Dominant fauna: Kelpfish, Sea hares, mussels Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort: Survey date and time eriod: 1 November 2010 1045-1145 hr (please describe the surveys conducted including type of Horizontal visibility in water: 5-10 feet Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Surveypersonnel. Kira Withy -Allen & Molly Colvin Describe any limitations encountered during the survey efforts. Survey density: 750-a Survey limitations: none Other Information: (use this space to provide additional information or please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Page I of 2 Amanda From: Kira Withy -Allen [KiraWithyA11en@wssica.comJ Sent: Wednesday, November 24, 2010 7:43 PM TO: Amanda Cc: Richard Mann Subject: Fwd: Newport Eeig.rass Surveys Attachments: eric—chavez.vcf; ATT00020.htm Amanda, Fighe 1_8-*OAAfor an eelgrass survey extension date. They said that November 1st would be accepted. Please see the for -warded e-mail below from Eric Chavez that confirms this date extension. Best, Kira. Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 -61.9-246=15=97 ,Cell 800-236-0013 Office ,800-225-9730 Fax kiraNyLth yallen&,( ,wssica com Begin forwarded message: From: Eric Chavez <Eric. Chaveza-noaa.ciov> Date: October 27, 2010 6:21:32 PM EDT To: Kira'Wthy-Allen <KiraWithyA11en@wssica.corn> Cc: Richard -Mann <rnanna_wssica.com>, Bryant Chesney <B!Yant.Chesnev@noaa.aov> Subject: Re: Newport Eelgrass Surveys Kira, That is correct. As long- as the- surveys are conducted no later than November 1, 2010, NWS will consider them v" Eric Kira Withy -Allen wrote: 11/29/2010 Dear Eric, Per our conversation today, you b ve grant d us an extension to conduct three eelgrass surveys in Newport Beach on ll�ioncl�yz N, ovembe€ L W10 to be reviewed with permits during the non -growth eelgrass phase from late October to March. Can you please confirm this? .. Thank you for taking the time to speak -with me today. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 6.19-246-1597 Cell 800-236-0013 Office 800-225-9730 Fax kirawithvallenv@,wssica.com 11/29/2010 Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace dock, pier, gangway and pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 2234 Channel Road Legal Description: Harbor Permit Number: 107-2234 Plan Check Number: 0084-2011 Applicant: Bob Van Schoonenberg Applicant's Mailing Address: 2234 Channel Road, Newport Beach, CA 92660 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. page 1 of 2 And find ), They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources January 26, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 h4 �� W Pp�� LXFOR ...bU December 22, 2005 Heritage Escrow Co. 2101 E. Coast Hwy. Corona Del Mar Newport Beach, CA Fax: 949.640-2299 Ste. 120 92660 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #107-2234 Robert & Sandra Van Schoonenberg 2234 Channel Rd., Newport Beach CA Escrow # 304-20010-WJ Dear Sirs: Harbor Resources has received the completed & signed application, fee and an inspection of the pier has determined it meets City standards. The permit will be transferred into the buyer's name. Thanks for your help. If you require further assistance in this matter, please contact me at 949. 718. 1844. Sincerely, M 'Ize Int re Harbor Resources Division W -P . ..... TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: Permit Number: 0 j- 3 ct **Property Address: ;D 'u'a **Buyer's Names: Vckn�hcun�nb( Sardro__ an,—)chcone_n - Billing Address: A K1,11L �_ I i- tj I ! %J Buyer's Signatures: **Seller's Names: Seller's Signatures: Joint Owner Signature: **Escrow Company: **Address 2 1 ot E Co ns 4- 120 C D M �J, c 2S **Escrow Number: �3oH - aoo�u\),,3 **Fax #:9LA9- C_,�O- 2-2-cig Closing Date (Estimate): Zj'unu- N, 2005— * *STARRED ITEMS MUST BECOMPLETETO BEGIN'THE PROCESS.. Inspection Date: R6ins'pe'ction Date: Fee Paid: Check No:' Application Complete: Harbor Pesources Signature/Date Special Conditions: rhis pe-rmit is revocable by -the -City Council in accordance with Title 17 of the Newport Beach Municipal Code. TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: Permit Number: 0 j- 3 ct **Property Address: ;D 'u'a **Buyer's Names: Vckn�hcun�nb( Sardro__ an,—)chcone_n - Billing Address: A K1,11L �_ I i- tj I ! %J Buyer's Signatures: **Seller's Names: Seller's Signatures: Joint Owner Signature: **Escrow Company: **Address 2 1 ot E Co ns 4- 120 C D M �J, c 2S **Escrow Number: �3oH - aoo�u\),,3 **Fax #:9LA9- C_,�O- 2-2-cig Closing Date (Estimate): Zj'unu- N, 2005— * *STARRED ITEMS MUST BECOMPLETETO BEGIN'THE PROCESS.. Inspection Date: R6ins'pe'ction Date: Fee Paid: Check No:' Application Complete: Harbor Pesources Signature/Date Special Conditions: rhis pe-rmit is revocable by -the -City Council in accordance with Title 17 of the Newport Beach Municipal Code. Ll **Date of Applicaton: **Property Address: **Buyer's Names: _.. Billing Address: Telephone No.: Buyer's Signatures: **Seller's Names: Seller's Signatures: Joint Owner Signature: .HARB OR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 Permit Number: /� r )ear van �O Dl ndro 6n5c4,00nen **Escrow Company:{�.u.���tic.� **Address 2 i o t E . Cocas- 4N wy **Escrow Number: �3oH — dCC_A0•-w.T **Fax #: 9 LAA -- & qb4- z 2-99 Closing Date (Estimate): Z -TU nu- N 2005 *-*STARRED ITEMS _MUST _BE -COMPLETE TO BEGIN THE PROCESS. _Inspection Date:. 1c�' v 'Reinspection Date: Fee Paid: � �.q / - 0'\Check No: Application Complete: Harbor sources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. May 2, 2005 Heritage E Fax 949-6, Re: Pier Permit, 2234 chann Escrow # 3( Dear Sirs: CITY OF NEWPORT BEACH y 829 Harbor island Drive, Newport Beach, CA 92659 n>>'Y 949-644-3034/Fax 949-723-0589 Newport Beach 0-wi The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer, seller and joint permittee if applicable, the pier will be transferred. Thanks for your help and if you require further assistance in this matter, please call 644-3034. Sincerely, Lorre Arcese Lorrie Arcese Harbor Resources Division Date: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department Don Duffy Pier Transfer Reinspection GFI Present Ye!�' Need None Needed Yes Need Anti -Siphon / Backflow Present. Other Comments r' Eelgrass Yes No Present' Pump Out Pier Location - Yes No Operational Recommended Action . Encroachmenet Address of Complaining Party Boat Description _C_F .Number Location on Dock Comments'/ Observations Other Request _, 4 ,WP HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island ]Drive h Newport Beach, CA 92660 t ' F ( vL . „y_M X � **Date of Applicatona 9/11/03 Permit Number: CD 7 `" 9�J Y **Property Address: 2234 Channel Road Newport Beach, CA 92663 **Buyer's Names: Shelby Belogorsky Billing Address: Telephone No.: Buyer's Signatures: "Seller's Names: M.C. Horning Seller's Signatures: Joint Owner Signature: "Escrow Company. Strada Escrow *"Address 140 Newport Center Dr., Suite 100 Newport Beach, CA 92660 **Escrow Number, 2248 **Fax #: (949) 721-5010 Closing Date (Estimate): 10/9/03 *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. orsr�►+,rr�rvr.�.r�r�rr.s�r�rer�.s�r�r� rerror^�rse,.rmr®rnvrsoavrasr. Inspection Date: Gil " Reinspection Date: Fee Paid: �. g s� /)Check No: Application Complete: /0/,/ Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. -HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island ]Drive Newport Beach, CA 92660 **Date of Applicatona 9/11/03 Permit Number: **Property Address: 2234 Channel Road Newport Beach, CA 92663 **Buyer's Names: Shelby Belogorsky Billing Address: Telephone No.: Buyer's Signatures: "Seller's Names: M.C. Horning Seller's Signa Joint Owner Signature: **Escrow Company: Strada Escrow *Address 140 Newport Center Dr., Suite 100 Newport Beach, **Escrow NUmber: 2248 **FaX #: (949) 721-5010 Closing Date (Estimate): 10/9/03 * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS° s oe�r�irr��I-----r—rro—r—rer�o� os�i�rbr�ror�iau•s�e®snurro omswso. Inspection Date: Reinspection Date - Fee Paid: Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code, PLEASE COMPLETE, SIGN, AND RETURN CA 92660 1`�� W POMP Strada Escrow 949-721-5010 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #107-2234 2234 Channel Road, Newport Beach Escrow # 2248 Dear Sirs: The City of Newport Beach has inspected the above property and found it to meet City standards. Once we receive the application signed by the seller, buyer and joint tenant if applicable the permit will be transferred. Thanks for all your help. If you require further assistance in this matter, please call 644-3034. Sincerely, Lorrie Arcese Harbor Resources Division 140 Newport Center Dr Date: _- / ( I ® 3 City of Newport Beach Harbor Resources 829 Harbor Island Newport Beach, Ca. 92658 Attn: Chris Miller Escrow # g 0-(49 Please e advisthat we have an sc ow in process for the property located at:Aj (949) 721-5010 Enclosed please find our check in the amount of $385.00 representing your inspection fee. Kindly complete your inspection at your earliest convenience and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. Please do not hesitate to call if you need any addtional information. Thank You. Sincerely, Julie McMillan Escrow Officer INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: Don Duffy Pier Address: ------ (,-Pier Transfer Reinspection GFI Present Yes ,� Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelgrass .Yes No Present Pump Out Pier Location - Yes No Operational Recommended Action Enc roachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http://www6. city.newport-beach. ca.us/servlet/com. esri. esrimap. Esrimap? ServiceName=n... 10/03/2003 HARBOR PERMIT TRANSFER APPLICATION '1 ' �' � � ., •,.tai. ren.. Date of Applicaton: l 3 Permit Number: Property Address: AI &QM& R ea Ch Buyer's Names. Billing Address: tq Telephone No,: Buyer's Signature% Seller's Names:Ll Seller's Signatures: Joint Owner Signature: Escrow Company: Escrow Number: Inspection Date: % 1-- `�cl %Z0 �% Reinspection Date: k-� Fee Amount: pl ; DatePaid: Application Approved: �- Harbor #e ources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. PLEASE COMPLETE, SIGN, AND RETURN Number: 1 FEH.27.2003 4:22PM THE MPNAGEMENT GROUP 949 N0;?4909 P. 1209 FEB -26 20OZ le a 14 !.-)I M -WH —Lt KUW HAR.B OR PERAOT TRANSFER AP CAQ�t� Date of.Applioaton: Permit Number: Property Addrvm;h� d Buyer's Names;=)JO ' Billing Address, Telephone leo.: Buyers Signatgraw Seller's Names: �.� Seller's SlgnatLires: i Joint Owner Signature: Escrow Com -any; I do ea5 l -U Escrow Number:_/'7 TM Fax Inspeeian Pate: Rah9paction [date: -- Poo gmpant• - Date Paid: Check NumMr: Application Approved! -- R -- w®/1� Harbor �aurces Slpnaft+r'&Detfi Special ConOWna: Ma permit is mvocablP by the City Cau»cl? in accordance Wh Title 17 of Me Neurpvn' Reach Munrwpal Code. TOTAL P.09 O"'TRADA ow City of Newport Beach Harbor Resources Date: April 9, 2003 P.®.Box 1768 Escrow No.: 1788 Newport Beach, CA 92658 Your Re: Attn: Lorrie Arcese Re: 2234 Channel Road, Newport Beach, CA 92663 In connection with the above referenced escrow, we enclose the following: Harbor Permit Transfer Application If you have any questions or need anything further, please do not hesitate to call. Sincerely, Strada Escrow Julie McMillan ba P�W PO cyte Foa��P February 26, 2003 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Strada Escrow 140 Newport Center Dr. #100 Newport Beach, CA 92660 Re: Pier Permit #107-2238 2238 Channel Road Newport Beach, CA Escrow # 1789 -JM Dear Sirs: The -City of -Newport Beach -has -reinspected -the above pier --and found it_to- meet -- city standards. The pier permit will be transferred once we receive the attached Transfer Application, signed by both the seller and balance of fee ($192.50). If you require further assistance in this matter, please call 64473034. Sincer f Lorrie Arcese Harbor Resources Division 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 21, 2003 Strada Escrow 140 Newport Center Dr. #100 Newport Beach, CA 92660 949-721-5000 Re: Permit # 107-2234 2234 Channel Road607 36T" Street, Newport Beach Escrow # 1788 -JM Dear Sirs: The Harbor Resources Division of the City of Newport Beach inspected the dock at the above property on February 21, 2003. We could not find the anti -siphon device on the property. Please indicate where it is located or if there isn't one, you must have one installed. We cannot transfer the pier permit until we hear back from you. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Please call 644-3034 to request a reinspection. Once the property has passed inspection, we have received the original transfer application and the $192.50 fee balance the dock will be transferred. Sincer, y Lorrie Arcese Division of Harbor Resources 3300 Newport Boulevard; Newport Beach Date:: a2— ;2 , -0 -h- City of Newport Beach Marine Department 829 Harbor Island Newport Beach, CA 92658 Attention: Wes Armund Escrow # ry 7 6 6, �' L j Please be advised tat we have an escw in process for the property located at a�� Enclosed please find our check in the amount of $> g 0 representing your inspection fee. Kindly complete your inspection at your earliest convenience, and forward your written report to our office. We in turn will provide copies to the Buyer, Seller and Real Estate Agents. At the close of escrow, we will forward the completed pier transfer card to you, along with an additional check for $. Please do not hesitate to call if you need any additional information. Thank you. Sincerely, rs' �w "� Julie, cMillan Escrow Officer, Manager DANIEI-. W. ELL JO T T, J -R, 2.239 C.HHN�JE L- RD, BALBOA I CAI -IF: 9a6t" I ., IF, " li Grund,: 60 LI CAi0C3w ` i i i I ! \ t F ! 5=•ACH ❑ e i�0 A,� kyr oro o , s -KE M NEWPORT- DAY, CALIF.° d _ GRAPwtC SCALE. Sound;i)y are expressed n -fee+ Qncl denofe clq+ks beloo mean Lower L-o(,j Wgter. MQ'AlMvm o 0 /i a, Proposed Pier c v CY VIL " li Grund,: 60 LI CAi0C3w ` i i i I ! \ t F ! 5=•ACH ❑ e i�0 A,� kyr oro o , s -KE M NEWPORT- DAY, CALIF.° d _ GRAPwtC SCALE. Sound;i)y are expressed n -fee+ Qncl denofe clq+ks beloo mean Lower L-o(,j Wgter. MQ'AlMvm Ami Fry L23-5—iR1 _ l_.._. 171- A H4,7,7 I ;Wlt Proposed I , Pier 1: i IJi � i r P ' t J J c --I Rapp " t I I O C) t-3"x2i' r - Y L--, I 0� I T4 Proposed Floc, Y PCO P 0 SED 16A J � NEW P0R-r A1,5wPORT BEACH ) -CAS r 1�-, ` ''V n�RRcH 2 19� _ erste /"_-io' /6" 0 /i D�I Ami Fry L23-5—iR1 _ l_.._. 171- A H4,7,7 I ;Wlt Proposed I , Pier 1: i IJi � i r P ' t J J c --I Rapp " t I I O C) t-3"x2i' r - Y L--, I 0� I T4 Proposed Floc, Y PCO P 0 SED 16A J � NEW P0R-r A1,5wPORT BEACH ) -CAS r 1�-, ` ''V n�RRcH 2 19� _ erste /"_-io' ' it BUYER'S NAME ADDRESS OF' -FACILITY: PERMIT # G [ , n /0 LLMAILINGfADDRESS o Ib USS ��-+r%l� TELEPHONE N0. FSE CHECK NO. DAT /p�I 44 APPROVED BY: kAt ?'QQ "y DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT ❑ �g OCHD - ENG ❑ SELLER K1A BUYER'S NAME(S) (AB - AM T TYP D) COUNCIL ❑ _ - - PUBLIC WORKS ❑ SIG ATURE OF SEL R IG TURE 0 BUYER DEPT. / - ESCROW ❑ SIGNATURE ELLER - SIGNATURE OF BUYER INSPECTTION. LJ Cl - � ❑ SIGNATURE OF J T 0 NER APP 10 OV D (DATE)"/l/' PECTOR SPECIAL CONDITIONS: THIS PERMIT IS REVOCABLE BY THE CITY COUNCIL IN ACCORDANCE WITH TITLE ' % OR THE MUNICIPAL CODE I CITY OF NEWPORT BEACH; CALIF. WX FoRm 66-1013 REV. f ' it pRT B W fF�MP� NEWPORT BEACH FIRE AND MARINE DEPARTMENT August 11, 1998 Mariners Escrow 4 Civic Plaza, Suite 100 Newport Beach, CA 92660 Re: Pier Permit 10722341 for the piers and floats bayward of 2234 and 2238 Channel Road, Newport Beach Dear Sirs: Regarding the transfer of the pier permit for the above property, an inspection has verified that the piers meet City standards. Once we have received the additional $161 transfer fee and the signed transfer application card, the permit will be transferred. Should you require additional information in regards to this matter, please call 949-644-3043. Sincerely, Tony Melum Deputy Chief Marine Environmental Division July 29, 1998 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mariners Escrow 4 Civic Plaza, Suite 100 Newport Beach, Ca 92660 Re: Escrow # 2 -1059 -MS, Pier Permit 10722341 for 2234 Channel Road, Newport Beach Dear Sirs: Regarding the transfer of the pier permit for the above property, an inspection has verified that the pier meets City standards. Once we have received the additional $161 transfer fee, and the signed transfer application card, the permit will be transferred. Should you require additional information in regards to this matter, please call 644-3043. Sincerely, Wes Armand Marine Environmental Management 3300 Newport Boulevard, Newport Beach MARINERS ESCROW CIVIC PLAZA City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: WES Re: 2234 Channel Road, Newport Beach Wes: 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone(949)729-0199 Fax(949)729-0190 Date : July 23, 1998 Escrow No. :2 -1059 -MS Enclosed is a check for $165.00 for a PIER INSPECTION. Please begin as soon as possible, and if you should have any questions do not hesitate to call. Sincerely, (W Andrew Signor for Marilyn Sauter Escrow Officer z�3y �E �� MARINERS ESCROW � CIVIC PLAZA City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: LES Re: 2234 Channel Road Enclosed please find the following: Our check for $161.00. SIGNED and COMPLETED Transfer Card 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone(949)729-0199 Fax(949)729-0190 Date: August 4, 1998 Escrow No.: 2 -1059 -MS Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners E row Civic Plaza Ma yn Sauter Escrow Officer pa CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) UKO, (J HAP_` I 1. Applicant (Property Owner) Addr ss Telephone 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance ,/ Dredging 4. Fee S le Check No. 2 coV 6 Date 5. Brief Description of Proposed`Work: 6. Submit 8 112" x 11" Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be c m leted (o I verse side of this sheet) 8. Applicant's/Agent's Signature: --- -- Date: as received evidence of the followin 9. Work can begin once the City g additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Issued. (Permit is stamped drawing. Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date Date 1 OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their sole compensatio"n, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale.) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: ff� 1 Date: Contractor: 5W t �7� / Telephone: Z;z Address: v�[� License class A State Board No. '15Z C)_ () 9 1 City License No. '77 09, 785Y_ LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licens un er pr is' ns of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and rof s 'ons od , and my license is in full force and effect. C� Contractor's Signature Date:�� 223'1 CHfiN/Vk L- Rig. 17 BAL3OA , CAl_i r 9a6t, i 03-58FI j A apA B OCOU .J.j y -9) O C o'Cioi Vi i SKETCH 1 NEWPORT DAY, CALIF, °, � _. _GRAtgfC SQAl6 N,tES� SoundiA�s oi-e expressed !n feet gncldenote �� deP45 . 5e OW MeO n Lowe r 1 -ow Wq+e r. mow; mvm ron�e. of ��de 4prox�mo+e+� 10 deet. ana �rUp-sec� Piet' i >-P OA 4C) Deck .O W 3'x 2y ' Romp `t ' 7 _M•l•L_Wc o, OI �tne CO Iq 16 t, f 6O t j ,Q �.+•\/+. F/V -•i :i.4.{s.. j A apA B OCOU .J.j y -9) O C o'Cioi Vi i SKETCH 1 NEWPORT DAY, CALIF, °, � _. _GRAtgfC SQAl6 N,tES� SoundiA�s oi-e expressed !n feet gncldenote �� deP45 . 5e OW MeO n Lowe r 1 -ow Wq+e r. mow; mvm ron�e. of ��de 4prox�mo+e+� 10 deet. ana >-P OA 4C) CO !A c 7- t j ,Q " 'ry �r 23.b '� L._ a� ex•3 �. ,y Seo Wq JJ 4. S,• 133 (/L X'/�EAO L //V I A/5V,/POPT 13E -/)CH Cr"i1.l I' �' 4 AIV P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 3, 1997 Guardian Escrow Company 2121 E. Coast Highway, Suite 120-B Newport Beach, Ca 92625 Re: #107-2234/2238, Harbor Permit for 2234 Channel Place, Escrow 5231-L Sirs: The structure was inspected on December 2, 1997, at which time it was determined that it conforms to City standards. The permit will be transferred to William Urquhart and Mary Grigsby Urquhart once we receive the transfer application card with both the sellers and buyers signatures and the remaining $163.00 transfer fee. Sinc 're y, Wes Armand Harbor Inspector P 3300 Newport Boulevard, Newport Beach F` c \L I FO fir/ FARE AND MARINE DEPARTMENT 70 NEWPORT PIER NEWPORT BEACH, CALIFORNIA 92658 PHONE #: 714-644-3047 OR 714-644-30 FAX # 714-673-3056 FAX COVER SHEET TO: FROM: DATE NUMBER OF PAGES: REMARKS: �s�o � � �EW PC)R CITY OF NEWPORT BEACH U f % 'x P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 RN November 12, 1997 Guardian Escrow Company 2121 E. Coast Highway, Suite 120-B Corona Del Mar, Ca. 92625 Re: Harbor Permit 107-2234-2238, for 2234 Channel Place, Newport Beach. Escrow # 5231-L Sirs: The City of Newport Beach Environmental Division has received a request to transfer pier permit 107-2234/2238 for the above mentioned property. The facility was inspected on November 7, 1997. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. The device presently on the water service is no longer an approved backflow prevention device. This requirement is in accordance with Title 17 of the California Administrative Code. X_/12 The electrical receptacles must be either GfI or twist lock T for use in a water environment. r 3. The pier at 2238 has been modified as part of the maintenance within recent years. This office can find no evidence of a permit fto do the work. Please contact the Environmental Division at 644- 3 044. An after the fact permit must be taken out and there will be fees associated with this permit. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." . PLEASE CONTACT THIS OFFICE AS SOON AS POSSIBLE TO DISCUSS THE ABOVE MENTIONED CORRECTIONS AND OTHER RELATED MATTERS REGARDING THIS PROPERTY. A Wes Armand, Harbor Inspector 3300 Newport Boulevard, Newport Beach BALbOA )LIF X73-5£s& i I J+ Proposed P,'er 9'4Decx 6t• P1.o �-c ��o° � yw 3'xs4' �..,rst'.... 4j., F _h•e►.ti. ■ +1,6 .� � — 1i--.— /C gOOG p`...._ esAGaoA eS� y ` \ .l:ch� •1'♦;y j I ""VPORT- DAY, CALIF, Sound�nas are- ex r essec QP proxrmq�e otOv / f v I JS 77 I 294 CA- 16- 11 !� /7 C`T �- __._.. _.. seo wQ Proposed I I a 8x J O'er I ® o RQ m p. r I J C_- F Art, Chor 1_ - - L--?5-.-.��'Pro�oSCd Flea i y / /0 4. N aZ�l !/ A/EWPORT R C H CAL) F. r9 �PPL I C. A D A LIF_ ELS IO T Tj�ZR 1 9 C_ H h �j N E- L_ Bt) --L- B o A ° Ul L I F' 9 a 6 ► �Vv w/ 'e2 7`7 �60 S. CH ------------ OR NE—PORT OAY, CAILIF. g J4 expressed 'o fe+ Q.')J cleocife d'�? 4 !,aloe of 41 4'e e -t ,-&- 0A 4) is 33 17-S' :17-S 3.f - o 16' lcb 10 17 /'6 /-S (bl C 7— !0 Proposecl! I Pier ig- r - L i Pi u Rei R PF -'if) NEWPOR7 A15VPORT BEACH -CALIF. /OIL 1 !CITY OF NEWPORI EACil HARBOR P4RM11T PERMISSION IS HEREBY GRZANT-D TO CONSTRUCT AND MAINTAIN THE FACILE? Y SHOWts' OW TK E IVIZVZ�RSE HEREOF, AT THE SITE TNWW sZVVESMNS cf- '.E—ACH AM THE HAlZS0-.%T P curl ANY ZFN Is Na-, THE ull.'ZTS` Ci -.'y atGN" C-11ME'N' trk'E�Zgi %-L"Ml Oiki AND TM -15 a Ifi Mikv L-ati& Pa i n s ryC,',TY ClWNZIL IN ACCORDANCE WTH ViTLE 17 OP TH= k"UNiCIPAL CODE. PERMIT NO. or- 1 -ill ATM: .4111,11AC1,17 DATE CONSTRUCTION PERMIT DATE SEE �TTACHED HEFT t/� SPECIAL Corps of Enzzracc:,�; 7 1�r Grange County Permit ousers e C, — C/p - d AUTHORIZED By CITY COUNCIL STATUS SHEET HARBOR PERMITS LOCATION ✓9 e e— New PERMIT NO. /t7%Revision APPLICANT NAME �c�f'I���® Dredging CONTRACTOR Date Fee Amt. 2VFee Processed t/ Date Reviewed by Marine Dept. ? d Approved Denied Corection Required - Description City Council: Remarks Approved Denied DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. 1. Application, 2. Consent Ltr. --POyt� 4 / 3. "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS DATE FINAL INSPECTION OR. CTY. T.I.C. MARINE DEPARTMENT April 24, 1978 ITEM NO.: H-11 T0: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #107-2234 BY MR. DAN ELLIOTT TO REVISE EXISTING PIER AT 2234 CHANNEL ROAD Recommendation > If desired, approve the revision subject to the following condition: a. That applicant's revision conform to approved Standard Drawings as required in Harbor Permit Policies, Section 13-A. Situation Mr. Elliott wishes to rebuild his pier and float, which were damaged during recent storms. In submitting his application, Mr. Elliott wishes to extend the length of the existing pier and float to a total distance from the bulk r head of 60 feet. This would be permitted under the Harbor Permit Policies Section 23-A which states: "A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to'the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section." Thep ierhead line in this area is 70 feet from the bulkhead. Mr. Elliott also seeks exception to the Harbor Permit Policies Section 13--A, which states, "Unless otherwise excepted by Council, all piers and floats shall conform to the approvc+d Standard Drawings", Mr. Elliott's application drawing does not comply with Standard Drawing STD -608-L. Specifically, the width of the optional pier platform would exceed the maximum by 4 feet, and the applicant wishes to place davits on the pier platform. Discussion This application is before the City Council for review and action in conformance with Section 5-B of the Harbor Permit Policies which state:. "B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies." t,4 E�•F' `'u ' A ,S C SS .. ,Pwv APPLICANT: ELLIOTT PAGE TWO It is the applicant's contention that the additional width of the pies platform would substantially strengthen the structure to allow it to withstand future storm activity. The enlarged platform will also provide an area for emergency - storage of small boats with one 14 foot sailboat to be raised to the platform by davits built into the structure. The staff has reviewed the Standard Drawing STD -608-L and is of the opinion that it was designed to withstand normal anticipated storm activity. Conversation with local Marine Contractors has also indicated that the main- tenance of the structures and conditions of the pilings are the primary factors in a pier withstanding storm damage and the width between pilings is of minimal consequence. In addition to the above, staff has inspected, in the field, all structures in applicant's general area. All but one conform to the standard drawings and all but 2 or 3 withstood the recent and unusually harsh storm activity. Staff and local marine contractors are of the opinion that those structures that failed, failed mainly due to age rather than design. As was mentioned above, applicant also wishes to install davits on the pier plat-. form. The standard drawings do not provide for davits and locating them on piers has given rise to complaints dealing with the suspended vessel encroaching on adjacent property and complaints regarding. general esthetic considerations. In conclusion, staff would recommend that the proposed structure conform to the Standard Drawing as required by Harbor Permit Policy 13-A and that davits not be allowed on the structure. D. HARSHBARGER, DIRECTOR MA/E.Welden TME T �Gl Tidelands Administrator GEW:TM:ll ELL 2234 C—HPjtJNE L RG, UtN'LBo1 1 CALIF i i vI O 4 `j,/ 172ck E1.= 11.0 0 a �?, 3'x 1yT CH .ti-.._,; �" .- —___- ----- ! -.� R% • fi N w?oRT._ '"��.y�i-1--� ` '-.rte --.. J OR s 17 / .� „ w l i {s i�— ? 117 I - SCJ N�W�tOfi i E>AY, C^Lt1: _ t 'SQALS�_----- i ccgf2 �S{{oU�c �n s are e)kp eSsed ;n flee- Q�nj denofe I /UO OXi(n e Iu is ee . i jS i, 33 1/7-5 /7S 3s 3S i I 1 I o /6 /7 /I8 2 DI 10 Proposed t s L P, e r- i - 3"k 2y t iT a�- r- 1 c�_ ._- PfJ?o Set Ftoci [ U.S Pim R HE 9 0 .c ,v { NEwPaR A15VPOAT BEACH' C -ILIF. lcl .4 /V omRcN 231, P9 � ! Do 3 L/ i Rd Ct CJ 0, ('CJ I 1 1 CL Ct 80k,� eod 10 15 Yl Rd, -2 U.S. Sulkheod 1, in e tJ" Z7- P C,.�._.¢ %�)� 6� � c��� s` ;c� + Ll S-6 -r4- r, 1-0 D +kqe_ i../ S C? P)j COUNCILMEN ROIL CALL April 24, 1978 NEWPORT BLACH MINUTES INDEX Motion x Councilman Hummel made a motion to approve the Ayes x x x x x x x Harbor Permit Application as presented, with the increased sizing for the float, which motion carried. ADDITIONAL BUSINESS: 1. A request by the Central Newport Beach Community Marinapark. Association to have reinstated the items that had (209) been removed from the contract for Marinapark improvements when the contract was awarded on March 27, 1978 was discussed. Motion x The reinstatement of.$13,475.72, corresponding to Ayes x x x x x x x items removed at the time the contract was awarded, was approved. Motion x 2. The staff was directed to notify the Orange County League of Ayes x x x x x x x Division of the League of California Cities that Calif Cities the Council is supporting Councilman Hummel for Comittees one of the openings on the Revenue. and Taxation (2527) Committee. The Mayor adjourned the meeting at 10:00 p.m. Volume 32 - Page 100 13. The following budget amendments were approved: BA -77,, $358.88 increase in Budget Appropriations and increase in Revenue Estimates, for awards for artists participating in Arts Festival 1978 with donation from the Arts Commission, from Unappro- priated Surplus and Donations and Contributions to Nondepartmental, Special Departmental Expense, General Fund. BA -78, $2,500.00 increase in Budget Appropriations and increase in Revenue Estimates for The Irvine Company's contribution to the Newport Beach Arts Festival with $1,500 for the event and $1,000 for general operating expenses, from Unappropriated Surplus to Nondepartmental, Special Departmental Expense, General Fund. BA -79, $1,100.00 transfer of Budget Appropriations for acquisition of Microfilm Readers, from Community Development - Sys. -Prof,, Techni.cal, etc. to Commu- nity Developments Office Equipment, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Marine Dep,sqr,,,,ment regarding Harbor Permit Application Ll"67-2234 by Dan Elliott to revise the existing pier iiE- 2234 Channel Road. /Harbor P ,(304F) Dan Elliott addressed the Council and asked for approval of his proposed pier revision, including the exception to Section 13-A of the Harbor Permit . Policies requested in his application. Motion x Mr. Elliott was granted seven minutes for his Ayes x x x x x x x presentation. Motion x Mr. Elliott was granted two more minutes for his Ayes x x x x x x x presentation. Marine Director David Harshbarger gave a brief staff report. Motion x Mayor Ryckoff made a motion to approve Harbor Ayes x x Permit Application #107-2234, subject to the Noes x x x x x condition that the proposed revision conform to Standard Drawing 4608-L as required by Section 13-A of the Harbor Permit Policies, which motion failed to carry. Volume 32 - Page 99 /Harbor P ,(304F) STATE OF CALIFORNIA EDMUND G. BROWN 1R., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1150 LONG BEACH, CALIFORNIA 90801 (213) 5905071 (711) 046-0618 COASTAL DEVELOPMENT PERMIT Application Number: A-5-18-78-3411 Name of Applicant: Daniel W. Elliott, Jr. I 2234 Channel Road, Balboa , CA 92661 Permit Type: Emergency Standard ® Administrative Development Location: 2234 Channel Road, Balboa, CA Development Description: Alteration of existin pier and float which increases the length and width of the pier, and replacement of required pilings. - -- - - -- I. The proposed development is subject to the following conditions imposed pursuant to the California Coastal Act of 1976: None _ Conditionis Met On - N/A - By �dp _ Page 1 of 2 A. The proposed development, or as conditioned; 1. The developments are in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976 and` will not prejudice the ability of the local government to prepare a local coastal' ­d. program that is in conformity with the provisions of Chapter to the California Coastal Act of 1976. 2. If located between the nearest public road and the sea or shore-, line of any body of water located within the coastal zone, the development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act of 1976. 3. There are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act,,available for imposition by this Commission under the power granted to it which would substantially lessen any signi- ficant adverse impact that the development, as finally proposed'.. may have on the environment. 11I. Whereas, at a public hearing, held on June 5. 1978 at Torrance __ by a unanimous kP vote permit application number A-5-18-78-3411 is approved IV. This permit may not be assigned to another person except as provided in, Section 13170, Coastal Commission Rules and Regulations. V. This permit shall not become effective until. a COPY of this permit has been returned to the Regional Commission, upon wHI—Eh copy all permittees or agent(s) authorized in the permit application have acknowledged that they have received a copy.of the permit and have accepted its contents. VI. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application. Any extension of time of said commencement date must be applied for prior to expiration of the permit. VII. Issued on behalf of the South Coast Regional Commission on June 197 M. J. Ca erste Executive. -Director 1, , permittee/agent, hereby acknowledge receipt of Permit Number A-5-18-78 3411 and have accepted its contents. (date) (signature) mr DEPARTMENT OF THE ARMY • h y P. .R LOS ANGELES, CALIFORNIA • y rix® Daniel W® -Elliott, .7r® 2234 Channel Road Balboa, CA 92662 Dear Mr. Elliott: �� Thank you 1978 .. forof SPLC® N DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. . BOX 2711 L( I ANGELES, CALIFORNIA 90053 PermitGeneral i Newport Bay 1 November 1977 This general permit also authorizes the modification and replacement of existing boat docks but not the installation of new boat docks where none exist in Dover Shores and around the perimeter of Balboa Island. Under no circumstances will the general permit allow boat dock construction requir- ing bulkheading, dredging, or filling below the Mean Higher High Water (MHHW) elevation or in wetlands. Construction of a boat dock will not be allowed across any beach designated for community or public use, unless the new dock will replace an existing dock and cause no additional encum- brances on beach recreation. Typical drawings, depicting the most common types of installations that are covered by this general permit, are included in this notice along with a map showing those Navigable Waters of the United States where the general permit is applicable. The general permit covers both existing and proposed facilities within any of the private property boundaries shown ol. the attached drawings. Individual boat docks that do not conform to the established general criteria will require a separate permit. The general permit is not SPLCO-N 1 November 1977 General Permit GP004 applicable to commercial or public marinas nor to structures extending bayward of the pierhead line. The general permit is issued for a period of five (5) years from the effective date of this permit.. DEFINITIONS: a. .The term "navigable waters of the United States" means those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark (mean higher high water mark on the Pacific coast) and/or are presently used or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce. (See 33 CPR 329 for a more complete definition of this term.) b. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration suffi- cient to support, and that under normal circumstances do support, a preva- lence of vegetation typically adapted forlife in saturated soil condi- tions.. Wetlands generally include swamps, marshes, bogs and similar areas. c. The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the Unite".States by manmade dikes or barriers, natural river berms, beach dunes and the like are "adjacent wetlands.®" SPECIAL CONDITIONS: a. The permittee shall.notify the District Engineer in writing at least fifteen (15) days prior to the initiation of the work. This noti- fication shall include the dock length, location of the dock by lot and tract number, and the name, address, and telephone number of the per- mittee. b. The permittee shall comply with the City of Newport Beach and County of Orange or other.local authority in the construction and place- ment of the dock. c. Docks shall not exceed 800 sq ft of float or pier surface. d. The permittee shall submit project plans to the state of California Regional Water Quality Control Board, Santa Ana Region, and shall obtain approval xrom the Regional board prior to initiation of any work authorized herein. SPLC® N General Permit GP004 . STANDARD CONDITIONS: 1 November 1977 a. That all activities identified and authorized herein shall be con- sistent with the terms and conditions of this general permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this general permit which may result in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this general permit has been previously modified, suspended or revoked in whole or in part. b. That the permittee agrees to make every rea•;onable effort to pro- secute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. c. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer or his authorized representative(s) or designees) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this general permit is in accord ice with the terms and conditions prescribed herein. e. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the drawings attached hereto. f. That this general permit does not convey any property rights, either in real estate or material, or any exclusive privileges, and that it does not authorize any injury to property or invasion of rights of any infringement of Federal, State, or local laws or regulations, nor does it obviate the'requirement to obtain State or local assent required by law for the activity authorized herein. g. That this general permit does not authorize the interference with any existing or proposed Federal Project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. h. That this general permit may be si aiIly suspended, in whole or in part, upon 'a finding by the District Enjineer that immediate suspen- sion of the activity authorized herein would be iti the general public interest. 3 i. That this general permit may be either modified,` suspended or revoked, in whole or in part, if the Secretary of the Arany of his author- ized representative determines that there has been a violation of any of the terms of conditions of this permit or that such action would other- wise be in the public interest Any such modification, suspension, or revocation shall become effective thirty (30) days after publication of written notice of such,action which shall specify the facts or conduct warranting same., J. That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be'made.by the owner to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this general permit. 1. That if the display of lights and signals on any structures or work authorized herein is not otherwise provided for by law, such lights and signals as may be.prescribed.by the United States Coast Guard shall be installed and maintained by and at the expanse of the permittee. m. That if and when the permittee desires to abandon the activity authorized herein he must restore the area to a condition satisfactory to the District Engineer.:. n. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. o. That permittee hereby recognizes the possibility that the struc- ture permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this general permit does not relieve the per- mittee from taking all proper steps to insure the integrity of the struc- ture permitted herein and the safety of boats moored thereto from damage by. wave wash and the permittee shall not hold,the United States liable for such damage. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 710c, R -ffW.G. ROBINSON DATE Colonel, CE District Engineer 4 2239 Cldi)NJNEL- BBL-BOA , CAH F ga 6 0 Proposej P"f- -C Deck ki, 11 0 Cy Q)Ij 44 3'-A' -2 Romp m 7-7- I I GrO.Ad. CAJ 0 ----------- --- S, jj 12 Soundii)�s are expressed I'n feet gncl aleoo-fe bO-IOLJ Kieran I -Ower AJQ4;Mvrn 10--- z P r A-1 SeQ Wq/1 0� Ll S. 0 ff AD IVE w PO /� -r A/54,/PoPxT b�A Ct4 1 C A L 1 F, ClW OF NEORT BEACH HARBOR PERMIT ftVM=" g To Z=AND MAINTAS�F THE WOtt THE r 'Of. AT M SM NOMM'WWW TO oArWoAgpSOF m nMK4NMpgwff.POUMOFN ANY: SPECIAL: "CONCfflOWlVMVE:HEREON.' THIS,MAff IS WR&N'%MffyENCoNSENT OF THE 69 HARBOR COOROpUM, OR crry'COUNCIL'"E pjaRM GMEN UNDER THIS pWW ARE PEFUM-SWE ONLY cx AND THIS PERWr MAY BE REVOKED MY CO IN ACCORDANCE WFM 17 OF m PERMrr NO. II II G o I, I� II II I I I I �f8 G'�/,4 NNEL Soundir�ys o. -e expo-essed in {eel and denote dao,dfis be/ow /Jeo.� Lower Low Wofei; Max/rn�rrl ron9� of fide oP/o.-o xirr�ofe� /o ft. ✓ fit%., ,w g 6 `r' ,� "Sn`h 011 t'U /6 77 Zp 0� 1 CT NWIN II II G o I, I� II II I I I I �f8 G'�/,4 NNEL Soundir�ys o. -e expo-essed in {eel and denote dao,dfis be/ow /Jeo.� Lower Low Wofei; Max/rn�rrl ron9� of fide oP/o.-o xirr�ofe� /o ft. HA.G> 802 to 0 N �-•-- 23.6 N L 0 %— /i/J I Exisfi�9 Sw u/q// 0 N � � P eooscdPe� ,� � �'P oPoscd Anchor P.%s 20 P oposcd F/oof I i I U, S, P/E.e.HEAo L/N !•ALAN .e L.S231.d v eswnstt, elan R4U$ � BENNET4-Ex�..cea�.�a L sueveYuu -po, 6ex ass Gsrw MtsA-C�u•ew�q PROPo3EO ' �LOfi7- /YEw.aoer B,�l' /✓Ev✓vorpr BLAG/!, c',v`/�`'oeNi.�- By://J/i[.ciAs�/YlcGA.?.... 223¢ G'/+ ANNE',G: .e0A0 972 EH/PO.t !4 !..... CAG �'^y /6 77 Zp 0� T,� CT I NQS/8 3S /7, i5 HA.G> 802 to 0 N �-•-- 23.6 N L 0 %— /i/J I Exisfi�9 Sw u/q// 0 N � � P eooscdPe� ,� � �'P oPoscd Anchor P.%s 20 P oposcd F/oof I i I U, S, P/E.e.HEAo L/N !•ALAN .e L.S231.d v eswnstt, elan R4U$ � BENNET4-Ex�..cea�.�a L sueveYuu -po, 6ex ass Gsrw MtsA-C�u•ew�q PROPo3EO ' �LOfi7- /YEw.aoer B,�l' /✓Ev✓vorpr BLAG/!, c',v`/�`'oeNi.�- By://J/i[.ciAs�/YlcGA.?.... 223¢ G'/+ ANNE',G: .e0A0 972 EH/PO.t !4 !..... CAG �'^y "AMSFERRED /.0 ° Rel/U. CLEAR. v O W 3 J. AL TERNAT'F s tiLOCA 4rL014G TOP OF &U! -"/! v FLE(/. 9.0 ' A&.Zafl. WR®AaLE- PROLOA164nlck; --r p L. C-ar: vrr t` lLc AT • ELEI/. ¢//.00 A•�L.L.fA/. Pff='E A" carz. Fxtc- lTa 5A",D L/NE AUNA-0. 4°cLEAR acr �X �0PR7- 4 W47rRL/A/E .QEF.:570-60� �C' j L• 6✓O-L CITY OF NEWPORT BEACH Dmm d. *f OATS 3-L-7.3— PUBLIC WORKS DEPARTMENT APP sTATAR®slz7eA17-/.4L IF rl-047- W17A- r P/EAV Q F 'Vc. - - _ OR AWING NO. .�' rQ —49996-L. -AO".4!L,L.W: • MAX. 7 OW ALL &047 /AlsT,41-L. (M./N. DEPTf/) s /. L. OCA T/GAA/ Py ' NIJMBEA- OF, F/LES. OPT/OAIAL. Z. LOCA77ml Or PLi47:T0RAd R4MP , Se -/p 4 140e4 rS /S op7le-m e- Peeov1,o/ASG' /'RCDP iP aEWAGfS AREEe�25 a/ FL®i4r H®Ae6E,e5 �v�� ,®� .czu�s® rae-w® 3. SEE ST®-6o4e- t, ST®-I�RG SPD /®dZ';.P•,® 4. W yeAW SMFC141- c0A-0/ 7-A!>a/s 6')(/-'57 w/DTFf MAv Be r4540& -=D rn .5r' WIM APppov4i OF 7ffc PueLAc WOR&s DEPARrt4.=, /T. .QEF.:570-60� �C' j L• 6✓O-L CITY OF NEWPORT BEACH Dmm d. *f OATS 3-L-7.3— PUBLIC WORKS DEPARTMENT APP sTATAR®slz7eA17-/.4L IF rl-047- W17A- r P/EAV Q F 'Vc. - - _ OR AWING NO. .�' rQ —49996-L. N® e��®GON6�J y'r0N OF' �'R®/�E"F�'TY L/iVE - /B'iY1/N. '0 s® ��x 4>` Idle, '-- — — 1 /ER Q i/j R.4M0 13 AL.4 ;rlc,40oP/f1 ®r®T®40,V,4G - FLOAT 0 l�4eP�s'BLE /4" AUX � �®RIA94e e iYQTER F[sePFsl GE > �aRi�ecE J \1—U PROF'/L E t. L oCajr,OVd 4A6 P/�Ai, ®c®rAeaAtwl AM.,W.— QLs.M E' cX0 drS 110 9%V7YOA/..L 0mrA.®cncii�r .®A.W ,emW~ra.'.v`o. J. AE6' 61—♦®.4-A., 400t-.4. Ar 644-L IM AMAP,®ALGF.AV® C'4"AV 4CW".146. AflRzmVd=Jr4p 7•o .1o' w.,p 0 oAl wi%Zpo.dA. Q� 7�/dT �/✓. �, ArvArAW ,-Apor /Q .4wwrYY avj~O AFY /O✓d.Cff. r �Arrros, �7�AFi9i e�o7Ao ®s�'A;/®x • G. rQt`..�ccs.Qa-cav .Q.e.u.� � FLotr•.tvsamcto oA�t6c JW .erg®wise rIAMP CITY OF NEWPORT BEACH MA" NT � PUBLIC WORKS` 'DEPWME Jr.4/Vl AA?,0 RWS1.0,'SVT1dAL FL 0A r wlrry " CQ ~C &LVC. P®LE c rmP, .Q.dA®.D eC$E.V \ 67P-cpd4-L ®LIC M/olwo aptECTM ILE.110. 1537 PIES? OPr/cwAL_.-- PL A A� rzp of el' -Wb E EV oe' cur OFF "P/LE AT E'LEV -0f,'.00 ASL. L.W. ( St c STS -4e4A.4,41' SEE 5 s _ L -ABPA/. 4" CLEAF BE7. IuI DCCA' :50FFI rWAMRLNE. MAX. T LK! ALL FL0.47 /NSTALLAMAIS 4 3.0' M.L.L.W. eA/lAP. I DESAAt PEPT// a i2or 'S /. LOC,4770N OF PAUR P146E AW OR770"4L PROW01AUG PSP®PER SETBt4GK' ARE MfP®NTA®eVEI, /?'fe, 3 ,4LG e, Ps ONFL0,4Tsv.4.vdeAg5 56Ao i- ,aE ...�lIQBF.Q T®DEQ, • ,QEF.. rod¢ , 60� �6s°O -L CITY OF NEWPORT BEACH DRAWN A. s •� DATE_— PUBLIC WORKS DEPARTMENT APPR ED ST�1 NdA� S/ANT/AL LpAT eu woRKS DIRECTOR WEST "AGV)q24?7" Cf 4 AWED 44 MARINE DEPARTMENT April 24, 1978 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #107-2234 BY MR. DAN ELLIOTT TO REVISE EXISTING PIER AT 2234 CHANNEL ROAD Recommendation If desired, approve the revision subject to the following condition: a. That applicant's revision conform to approved Standard Drawings as required in Harbor Permit Policies, Section 1.3-A. Situation Mr. Elliott wishes to rebuild his pier and float, which were damaged during recent storms. In submitting his application, Mr. Elliott wishes to extend the length of the existing pier and float to a total distance from the bulk- head of 60 feet. This would be permitted under the Harbor Permit Policies Section 23-A which states: "A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to the U. S. Pierhead Line. .Creosoted anchor piles will be permitted in this section." The pierhead line in this area is 70 feet from the bulkhead. Mr. Elliott also seeks exception to the Harbor Permit Policies Section 13-A, which states, "Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings", Mr. Elliott's application drawing does. not comply with Standard Drawing STD -608-L. Specifically, the width of the optional pier platform would exceed the maximum by 4 feet, and the applicant wishes to place davits on the pier platform. Discussion This application is before the City Council for review and action in conformance with Section 5-B of the Harbor Permit Policies which state: "B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies." APPLICANT: ELLIOTT PAGE TWO, It is the applicant's contention that the additional width of the pier platform would substantially strengthen the structure to allow it to withstand future storm activity. The enlarged platform will also provide an area for emergency storage of small boats with one 14 foot sailboat to be raised to the platform, by davits built into the structure. The staff has reviewed the -Standard Drawing STD-608-L and is of the opinion that it was designed to withstand normal anticipated storm activity. Conversation with local Marine Contractors has also indicated that the main- tenance of the structures and conditions of the pilings are the primary factors in a pier withstanding storm damage and the width between pilings is of minimal consequence. f In addition to the above, staff has inspected, in the field, all structures in applicant's general area. All but one conform to the standard drawings and all but 2 or 3 withstood the recent and unusually harsh storm activity. Staff and local marine contractors are of the opinion that those structures that failed, failed mainly due to age rather than design. As was mentioned above, applicant also wishes to install davits on the pier plat- form. The standard drawings do not provide for davits and locating them on piers has given rise to complaints dealing with the suspended vessel encroaching on adjacent property and complaints regarding general esthetic considerations. In conclusion, staff would recommend that the proposed structure conform to the Standard Drawing as required by Harbor Permit Policy 13-A and that davits not be allowed on the structure. D. HARSHBARGER, DIRECTOR MA/E.:tWelden TME GlO T Tidelands Administrator GEW:TM:ll i�r?LR0A i F 9a6� F O •! f v) O a, t�r,rp°$ec Pier ° d tbeck F!.= 11.0 a � o ;! \ ��o ti� �� I,3x2 Rome uA1.e011 .1 Wu ' I 1LF�' Q O I G rra —1,4, 4 y P'o t — �-- !P R T New p DAY, C. L►F. 4..�.__:$,,�..,��•', �, �cgle l = U, Sou Jil)]s Ore et, pP ss ed feet qn�i deoofe.- 'ti"ti--�.--•'- �. C��n L r 04:) C'any i 0,.^i�ox,i /tfQ !}'.�J�N� (Qn�c,� of E;�j' IO-eet. i /6 /7 it Cb crjs N R ry rEx•S, y Srq 1+G1� { .Y i .� U S• 13v� �N�Ft�r c ini�' tiu s./o3 v' 41: ! L Pzr1 --f 25 Rro osed Float , AfEWPoR-r 8hY NEWPoRT BEACH CALIF. AIV / i MARINE DEPARTMENT April 24, 1978 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #107-2234 BY MR. DAN ELLIOTT TO REVISE EXISTING PIER AT 2234 CHANNEL ROAD Recommendation If desired, approve the revision subject to the following condition: a. That applicant's revision conform to approved Standard Drawings as required in Harbor Permit Policies, Section 13-A. Situation Mr. Elliott wishes to rebuild his pier and float, which were damaged during recent storms. In submitting his application, Mr. Elliott wishes to extend the length of the existing pier and float to a total distance from the bulk- head of 60 feet. This would be permitted under the Harbor Permit Policies .Section 23-A which states: "A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section." The pierhead line in this area is 70 feet from the bulkhead. Mr. Elliott also seeks exception to the Harbor Permit Policies Section 137A, which states, "Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings", Mr. Elliott's application drawing does not comply with Standard Drawing STD -608-L. Specifically, the width of the optional pier platform would exceed the maximum by 4 feet, and the applicant wishes to place davits on the pier platform. Discussion This application is before the City Council for review and action in conformance with Section 5-B of the Harbor Permit Policies which state: "B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies. APPLICANT: ELLIOTT PAGE TWO It is the applicant's contention that the additional width of the pier platform would substantially strengthen the structure to allow it to withstand future storm activity. The enlarged platform will also provide an area for emergency storage of small boats with one 14 foot sailboat to be raised to the platform by davits built into the structure. The staff has reviewed the Standard Drawing STD -608-L and is of the opinion that it was designed to withstand normal anticipated storm activity. Conversation with local Marine Contractors has also indicated that the main- tenance of the structures and conditions of the pilings are the primary factors in a pier withstanding storm damage and the width between pilings is of minimal consequence. In addition to the above, staff has inspected, in the field, all structures in applicant's general area. All but one conform to the standard.drawings and all but 2 or 3 withstood the recent and unusually harsh storm activity. Staff and local marine contractors are of the opinion that those structures that failed, failed mainly due to age rather than design. As was mentioned above, applicant also wishes to install davits on the pier plat-. form. The standard drawings do not provide for davits and locating them on piers has given rise to complaints dealing with the suspended vessel encroaching on adjacent property and complaints regarding general esthetic considerations. In conclusion, staff would recommend that the proposed structure conform to the Standard Drawing as required by Harbor Permit Policy 13-A and that davits not be allowed on the structure. D. HARSHBARGER, DIRECTOR MA/EWelden TME 'T (Gl Tidelands Administrator GEW:TM: 11 °v z{ 1 0 PrcrPcgedPier n°S� ems, r1 Dec K E1,= 11.0 a c o j -2q '. r`'t•l..L.Wa o,Cq ; l�-... ���.._.. 3, .D,� _.�-�a>d B �:JEJ �;'Y Q� d,or - ;t �•-- �,�e?� 4.�. moo, '� It v' --vlG r,EwPoRi pAY, C t_tF. DU' SaUn�}�nc�s ark exPPeS.Sed I'l fi q;,ta nofe r,`�,. dei} 1cla� meanCoc.) WQfeC. Ir"JR'E D' Cj (q ct of -i i d 10 t 2 e i~ , a.f J i . .ti 9 / ✓NEL. 3S 35- 3S, • 1 �. I r � � c�.L.. 1 �/'� /ice / /7 i /18 fv y ! � Ex�57i.i,9 Sc:Q WQ // ^_�.. — 1 Pl. 1 i uS• L3 v! kfrEr7G c,nif us.�09 i ! r P,er t ''Pro?oSjtd Flor,-k i f IDA /�OScO -Iby-� dilly i ivFwPoR� t3"C4Y I ! Al,,— PO AT BEACH) -CALIF. ure �"=50' /J23RCH ?3� Ic1�� MARINE DEPARTMENT April 24, 1978 ITEM NO.: H-11 T0: MAYOR AND CITY COUNCIL FROM: Marine Department - SUBJECT: HARBOR PERMIT APPLICATION #107-2234 BY MR. DAN ELLIOTT TO REVISE EXISTING PIER AT 2234 CHANNEL ROAD Recommendation .If desired, approve the revision subject to the following condition: a. That applicant's revision conform to approved Standard Drawings as required in Harbor Permit Policies Section 13-A. Situation Mr. Elliott wishes to rebuild his pier and float, which were damaged during recent storms. In submitting his application, Mr. Elliott wishes to extend the length of the existing pier and float to a total distance from the bulk- head of 60 feet. This would be permitted under the Harbor Permit Policies Section 23-A which states: "A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section." The pierhead line in this area is 70 feet from the bulkhead. Mr. Elliott also seeks exception to the Harbor Permit Policies Section 13-A, which states, "Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings", Mr. Elliott's application drawing does not comply with Standard Drawing STD -608-L. Specifically, the width of the optional pier platform would exceed the maximum by 4 feet, and the applicant wishes.to place davits on the pier platform. Discussion This application is before the City Council for review and action in conformance with Section 5-B of the Harbor Permit Policies which state: "B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies." APPLICANT: ELLIOTT PAGE TWO It is the applicant's contention that the additional width of the pier platform would substantially strengthen the structure to allowit to withstand future storm activity. The enlarged platform will also provide an area for emergency storage of small boats with one 14 foot sailboat to be raised to the platform by davits built into the structure. The staff has reviewed the Standard Drawing STD-608-L and is of the opinion that it was designed to withstand normal anticipated storm activity. Conversation with local Marine Contractors has also indicated that the main- tenance of the structures and conditions of the pilings are the primary factors -in a_pier withstanding storm damage and the width between pilings is of minimal consequence. In addition to the above, 'staff has inspected, in the field, all structures in applicant's general area. All but one conform to the standard drawings and all but 2 or 3 withstood the recent and unusually harsh storm activity. Staff and local marine. contractors are of the opinion that those structures that failed,failed. mainly due to age rather than design. As was mentioned above, applicant also wishes to install davits on the pier plat- form. The standard drawings do notprovide for davits and locating them on piers has given rise to complaints dealing with the suspended vessel- encroaching on adjacent property and complaints regarding general esthetic considerations. In conclusion, staff would recommend that the proposed structure conform to the Standard Drawing as required by Harbor Permit Policy 13-A and that davits not be allowed on the structure, D. HARSHBARGER, DIRECTOR MARIN4DEEP TME Tl n en Tidelands Administrator GEW:TM:11 F . Xv -t •` ••• -sem - E I. L i OTT BF" —P -)OA i CALL i Cf�6� Li beck -- a �I Deck E1.= 11.0 a c hw cs (i F M. L.L_We o,. Di ��; � .`'.,.. a7AL3o,� B� i gyp" 0.r erg 'it NEWPOP, r 12>Ay, C^LIP. /'O"e ©lam%y� -- GRAiniC �Cn� M,cES, _ Souncl;n� are eApPes %n fee- qnj depole' S Sec dei+ beloo Aeon i.ower w'Ite r. AAc'U;n;v�, /UO bPEDG/N� fgnc�� o� -1i �' G �r0'4irngtt l A fQ -;eet i � C✓ Ahl' 7,4-1 e/ • i i IR4-' 4 /� ;n 17 } i L I 2> 6 e 1 oty 1� ht YExiS�' n_y S2Q Wq1! i �- ei S 13 vc. KNEr�a c �N� �W s.lo8 Proposed ! i L Pier 1 } r } Gl G 1 �S 1 Pro?osed FtoQi o NEWPORT t3Ry NEWPORT BEACH CALIF, /0L AN i / �' ��� \ _- � /Y __________________ rPPLICATIO,AJ BY: DANIF�, W. ELL)OTT, .21 q C-Hh�NE-1- BAL-BOA CAI -IF Q wp 141 t -la 0 0 Deck [-I,= '11.0 -0 O)N f amp HE -0 Ad SC e 20, CH 01Ra tj &E -P NE—PORT DAY, C- ^ L M 'RAM StALE SOU od; A S Ore- P Oelssed en -Fep_-- Qnj Olt oof e dc�-�+ks tqean I-Oujp-r MOxlfnvrA Q Qp p roK i rn Q +e- 4 10 +'eet , j ,a 10A Z) 0 0 L 0 7- Se4 Wig /1 �Tvf- xlv-rqz� 4 11V4 �,W. Pier I Rage An, ho r Proposed F1041 UZ- PrERHEAO /Oz- A IV SGQ;e /"=Sol s1 /08 IVEWPOR -r 8� y A1,FVPORT BEACH )'CAL i F. MARCH 16- 17 ! !�,q-/° ar i 0 0 L 0 7- Se4 Wig /1 �Tvf- xlv-rqz� 4 11V4 �,W. Pier I Rage An, ho r Proposed F1041 UZ- PrERHEAO /Oz- A IV SGQ;e /"=Sol s1 /08 IVEWPOR -r 8� y A1,FVPORT BEACH )'CAL i F. MARCH '�- _. MARINE DEPARTMENT April 24, 1978 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #107-2234 BY MR. DAN ELLIOTT TO REMISE EXISTING PIER AT 2234 CHANNEL ROAD Recommendation If desired, approve the revision subject to the following condition: a. That applicant's revision conform to approved Standard Drawings as required in Harbor Permit Policies, Section 13-A. Situation Mr. Elliott wishes to rebuild his pier and float, which were damaged during recent storms. In submitting his application, Mr. Elliott wishes to extend the length of the existing pier and float to a total distance from the bulk- head of 60 feet. This would be permitted under the Harbor Permit Policies Section 23-A which states: "A. U. S. Bulkhead Sta. No. 107 to No. 109 Piers will be permitted to extend out to the U. S. Pierhead Line. Creosoted anchor piles will be permitted in this section." The pierhead line in this area is 70 feet from the bulkhead. Mr. Elliott also seeks exception to the Harbor Permit Policies Section 13-A, which states, "Unless otherwise excepted by Council, all piers and floats shall conform to the approved Standard Drawings", Mr. Elliott's application drawing does not comply with Standard Drawing STD -608-L. Specifically, the width of the optional pier platform would exceed the maximum by 4 feet, and the applicant wishes to place davits on the pier platform. Discussion This application is before the City Council for review and action in conformance with Section 5-B of the Harbor Permit Policies which state: "B. Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the standard harbor drawings and the adopted Harbor Permit Policies." i APPLICANT: ELLIOTT PAGE TWO It is the applicant's contention that the additional width of the pier platform would substantially strengthen the structure to allow it to withstand future storm activity. The enlarged platform will also provide an area for emergency storage of small boats with one 14 foot sailboat to be raised to the platform by davits built into the structure. The staff has reviewed the -Standard Drawing STD -608-L and is of the opinion that it was designed to withstand normal anticipated storm activity. Conversation with local Marine Contractors has also indicated that the main- tenance of the structures and conditions of the pilings are the primary factors in a pier withstanding storm damage and the width between pilings is of minimal consequence. In addition to the above, staff has inspected, in the field, all structures in applicant's general area. All but one conform to the standard drawings and all but 2 or 3 withstood the recent and unusually harsh storm activity. Staff and local marine contractors are of the opinion that those.structures that failed, failed mainly due to age rather than design. As was mentioned above, applicant also wishes to install davits on the pier plat-. form. The standard drawings do not provide for davits and locating them on piers has given rise to complaints dealing with the suspended vessel encroaching on adjacent property and complaints regarding general esthetic considerations. In conclusion, staff would recommend that the proposed structure conform to the Standard Drawing as required by Harbor Permit Policy 13-A and that davits not be allowed on the structure. D. HARSHBARGER, DIRECTOR MARINE DEP TMET 6 -GI n E. Welders Tidelands Administrator GEW:TM:ll r�gOr1 CFi�# �� 6' ' t ! , ` { / Deck Et. = It.a "W vj3x2y'RamP n `z Vit` \ {15n CH i M.H.W- �Crnun filer, `Fig -60 -*j NEWPORT HAY, C:^ LIF, �Ccl2: l "= 1U' Soun�l�nc�5 are ex ^ecs�ct In J � _ 4r'��-1 c�E'PofC ti- v.'"i. �P �� c Oc J ��4 n i-0,� r f 0c•3 Wq �t10 !st{,C7iNG �anr,e �f +i(' c,r�x;ry,q �� 1 10 Yet. J 1 1 a� /6 /7 I 118 J9 iii 2- t o� fo �Propostd Ftor, t NEWPORT t3AY M5WPORT BEA CH � CAL 1 F. COUNCILMEN ����p�y�c ROLL CALL` fid' Motion Ayes x x x Motion Ayes x x x Mot on AyesI 1 IXx I Ix Cli-1-Y OF NIEVVPORT BEACH MINUTES April 24, 1978 11. Removed from the Consent Calendar. 12. The substiturmon of Air Conditioning Systems, Inc. La Habra, for Campbell Heating & Air Conditioning Anaheim, as a subcontractor of record on the Newport Center Branch Library contract, Contract No. 1861, was approved. (A report from the Public Works Department) 13. The following budget amendments were approved: BA -77, $358.88 increase in Budget Appropriations and increase in Revenue Estimates, for awards for artists participating in Arts Festival 1978 with donation from the Arts Commission, from Unappro- priated Surplus and Donations and Contributions to Nondepartmental, Special Departmental Expense, General Fund. BA -78, $2,500.00 increase in Budget Appropriations and increase in Revenue Estimates for The Irvine Company's contribution to the Newport Beach Arts Festival with $1,500 for the event and $1,000 for general operating expenses, from Unappropriated Surplus to Nondepartmental, Special Departmental Expense, General Fund. BA -79, $1,100.00 transfer of Budget Appropriations for acquisition of Microfilm Readers, from Community Development - Sys. -Prof,, Technical, etc. to Commu- nity Development) Office Equipment, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Marine Department regarding Harbor Permit Application 'r07-2234)by Dan Elliott to revise the existing pier at'2234 Channel Road. Dan Elliott addressed the Council and asked for approval of his proposed pier revision, including the exception to Section 13-A of the Harbor Permit Policies requested in his application. Mr. Elliott was granted seven minutes for his presentation. Mr. Elliott was granted two more minutes for his presentation. Marine Director David Harshbarger gave a brief staff report. Mayor Ryckoff made a motion to approve Harbor Permit Application #107-2234, subject to the INDEX Npt Center Library (2030) ,/Harbor Pe t �(304F) / - -- ------- MARINE SAFETY DEPAIUMENT 70 Newport Pier July 17, 1973 Mrs. i rancis j. Scully, Jr, 570 Busch Place Pasader.a,, Cal 4 -CO-n ia 91105 - Dear drso Scullv: Per our telephone conversation on July 17, enclosed is a transfer a -plication for Pier Permit #107-2234, Please h s-Lign t- e applicatio;.t and retlurn it to us so that our files can be updated. The transfer fee will be waived. Thank you for your assistance. Sincerely, Glen E, -7elle. Marine AIL" fay rs Aide Marine Safety Department GEW:LF July 13, 1373 Y' a, 14iss Dorothy Scully 573 'lace Pasadena, California Dear jjl:ss Scully. It '� Pier Permit *107-2234 for 2234 I rt Beachlis s registered to Vi lliam Mc�G Channel ad, � � fro McGay, after receipt of the billing, advised thi office ��aa r Pier registration n �:tioen sold , you. i fthis is correct, e ill n a harbor permit transfer a eek in fee as required PPl ica.tiOn, and correspond- ty Ordinance 1.7 a 24, 030. At your earliest convenience office if you have acquired thispro advise this 50 that =4e ay make the necessary ad inistrati eytransfer. Sincerely, Glen Wel.den Marine affairs Aide Marine Safety Department TV: if h 0 Y 0 35 I! II II f ,e OF/L E Cf 1A NNEL ,F mow.-IALn OA GN,q Q— NEWPORT BAY, CALIF� DY: h-'nu5 I, M—05 Soundings orb expressed 117 few} o ,d denote drrp/iys' 6e/ow /"/eon Lower- Low Y✓or`�r, Ma.Y/rnurn r'o���¢ of t/'de o/vv/o/^o ximo/e%! /O ft SIG Me I �II 0w % /i// U. 5. BC/L P�.`dEi90 G /NE n�j P eposcJ P.ac I � ¢ a b I I y � „�-P �oraJ Ancfioi P.%s � _f N"i— Proposed F/oof 20 /vA.e Bo.e Eni r.�fl/vc�' -1L it // �� 1?ftUg � BEtii�'cTi'E�wi.acect �rw v :>u2vzri..;w P•eo.00.-.coo /y,�Yi✓.oO,PT L��ACP/� G;v',L/FGRN/iv ' 35 tins /6 17 7- E' AC T 3S rZ /S I �II 0w % /i// U. 5. BC/L P�.`dEi90 G /NE n�j P eposcJ P.ac I � ¢ a b I I y � „�-P �oraJ Ancfioi P.%s � _f N"i— Proposed F/oof 20 /vA.e Bo.e Eni r.�fl/vc�' -1L it // �� 1?ftUg � BEtii�'cTi'E�wi.acect �rw v :>u2vzri..;w P•eo.00.-.coo /y,�Yi✓.oO,PT L��ACP/� G;v',L/FGRN/iv ' STATUS SHEET HARBOR PERMITS TRANSFER Location Date Application Received Oral Request for Inspection Escrow Co. ,-7,7/Date Inspection Made Permit # %6,7 ,ZZ 34 - Fee Recd /� Date Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) -------Date Orange County Notified (if applicable) Date Transfer Completed F-71 Rol I -3d -471 Ocf i -2S'