HomeMy WebLinkAboutM2002-0056!TATP r)F: r.Al 1PnRNIA —THE RESOURCES AGENCY
�IPALIFORNIA COASTAL COMMISSION
3OUTH COAST AREA.
10 Box 1450 0J, �(V'
ZOO Oceangate, 10th Floor
-ONG BEACH, CA 90802-4416
.562) 590-5071
Date: October 15, 2002
Permit No. 5-02-243
NOTICE OF ADMINISTRATIVE. PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on September 19, 2002 and was reported to the
Comm . ission on Tuesday, October 8, 2002 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
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Sincerely, I
PETER M. DOUGLAS
Fxectitive Director
By: F NIE . SY
Coast I WPrram Analyst
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CC CALIFORNIA COASTAL COMMISSION
GRAY DAVIS, Govemor
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STATE OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application NO.5-02-243
1,00 Oceangate, Suite 1000
long Beach, CA 90802-4302 Date: September 19, 2002
(562) 590-5071 Page I of 5 a
TU 4a
APPLICANT:
PROJECT
DESCRIPTION:
PROJECT
LOCATION:
ADMINISTRATIVE PERMIT
John Kensey
Demolish and construct a new floating dock, gangway and pier. In addition, 2-
12" piles will be removed and replaced with 2-12" piles and 4-12" "T" plies will
be removed and replaced with 3-14" "T" piles.
305 East Bay Front, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any
special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Tuesday, October 8, 2002
10:00 am
Eureka Inn
518 Seventh Street
Eureka, CA 95501
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J. Sy
Title: -Coastal Program Analyst
5-02-243-(Kensey)
Administrative Permit
Page 2 of 5
MvL
STANDARD CONDITCA:
1 Notice of Receipt and Acknow-le-d—g—ment. 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
this permit is reported to the Commission. 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 term or 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 pqrmit.
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: See pages three to five.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiiect Description and Background
The proposed project (Exhibit #3) involves demolition and construction of a new floating dock (8' x 30'),
gangway (3'x 24') and pier (1 O'xl4'with a 5'x 25' approach). In addition, 2-12" piles will be removed
and replaced with 2-12" piles and 4-12" "T" plies will be removed and replaced with 3-14" "T" piles. The
floating dock system will only be used for boating related purposes.
The subject site is located at 305 East Bay Front in the City of Newport Beach (Exhibits #1 -2). The
dock project is for boating related purposes and is associated with an existing single family home. The
site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no
eelgrass was discovered within 15 feet of the project area. Coastal public access is available near the
site at the Balboa Avenue street end approximately 10 feet south of the project site (Exhibit #2). The
proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the
proposed project wi(I not adversely impact water quality if standard construction methods and materials
are used. The applicant has applied for a permit from the U.S. Army, Corps of Engineers.
5-02-243-(Kensey)
Administrative Permit
Page 3 of 5
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. The pilings are self -mitigating. There are
no feasible less environmentally damaging alternatives available. As conditioned, the project will not
significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive
aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be
used solely for recreational boating purposes, conforms with Sections 30224 and 30233 of the Coastal
Act.
C. Water Quality
The proposed dock work will be occurring on or within coastal waters. The storage or placement of
construction material, debris, or waste in a location where it could be discharged into coastal waters
would result in an adverse effect on the marine environment. To reduce the potential for construction
related impacts on water quality, the Commission imposes special conditions requiring, but not limited
to, the appropriate storage and handling of construction equipment and materials to minimize the
potential of pollutants to enter coastal waters and for the use of on-going best management practices
following construction. As conditioned, the Commission finds that the development conforms with
Sections 30230 and 32031 of the Coastal Act.
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal
Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant adverse effect which the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate
the identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
A. Construction Responsibilities and Debris Removal
(a) No construction materials, equipment, debris, or waste will be placed or stored where it
may be subject to wave, wind, or rain erosion and dispersion.
(b) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(c) Machinery or construction materials not essential for project improvements will not be
allowed at any time in the intertidal zone.
(d) If turbid conditions are generated during construction a silt curtain will be utilized to control
turbidity.
5-02-243-(Kensey)
Administrative Permit
Page 4 of 5
(e) 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.
(f) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as
possible after loss.
B. 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:
i. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps,
paints, and debris.
ii. 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.
iii. 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:
i. 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 will be disposed of in a proper
manner and will not at any time be disposed of in the water or gutter.
(c) Petroleum Control Management Measures:
i. Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of them in
accordance with hazardous waste disposal regulations. The boaters will regularly
inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil
and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge
pump -out services, or steam cleaning services as much as possible to clean oily bilge
areas. Bilges shall be cleaned and maintained. Detergents will not be used for
cleaning. The use of soaps that can be discharged by bilge pumps is prohibited.
2. Pre -construction Caulerpa Taxifolia Survey
(a) Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development permit
(the "project"), the applicant shall undertake a survey of the project area and a buffer area
at least 10 meters beyond the project area to determine the presence of the invasive alga
Caulerpa taxifolia. The survey shall include a visual examination of the substrate.
5-02-243-(Kensey)
Administrative Permit
Page 5 of 5
(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 applicant shall submit the
survey:
i. for the review and approval of the Executive Director; and
ii. 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).
(d) If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive Director
that all C. taxifolia discovered within the project and buffer area has been eliminated in a
manner that complies with all applicable governmental approval requirements, including
but not limited to those of the California Coastal Act, or 2) the applicant has revised the
project to avoid any contact with C. taxifolia. No revisions to the project shall occur without
a Coastal Commission approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature
H:\fsy\Staff Reports\OctO2\5-02-243-[Kensey]AP(NB)
Date of Signing
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REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
October 1, 2002
City of Newport, Harbor Resources
Attention: Tony Melum
3300 Newport Harbor Blvd
PO Box 1768
Newport Beach, California 92658
RE: Corps Reference No. 200201099-CJF
Dear Mr. Melurn:
This is in reply to your applications of May 9, 2002 for a Department of the Army Permit
to conduct maintenance dredging and beach nourishment, per Regional General Permit No. 54
m Newport Bay, Newport Beach, Orange County, California. This letter authorizes
maintenance dredging and beach disposal at eight sites within Newport Bay (see below).
USACE
city
Site Address
Volume
Area
Beach
Ocean
Site #
Harbor
(Cubic
(Estimated
Disposal
Disposal
Permit #
Yards)
Square
Feet)
1
225-1206
1206-1316 S. Bayfront
300
15,000
Yes —
No
Sul2ratid I
2
225-528
524-528 S. Bayfront
100
100
Yes —
No
al
3
225-800
800-1010 S. Bayfront
500
1800
Yes —
No
Sul2ratidal
4
151-1401
1401-1405 N. Bayfront
200
5400
Yes —
No
Sul2ratid I
5
154-200
201-123 E. Bayfront
200
9000
Yes —
No
Sul2rati al
6
225-1600
1500-1602 S. Bayfront
200
13,500
Yes —
No
Supratidal
7
153-300
305,-235 E. Bayfront
200
�500
Yes —
No
Sul2rati al
8
105-2700
2700 Shell St.
500
2500
Yes —
No
Sul2rati dal
U
Totals
54,800
2200 cy
0
STATE OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area OffiCe 30
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 July 12, 2002
(562) 590-5071
Mr. Tony Ivelurn
City of Newport Beach
P.O. Box 1768
Newport B each, CA 92658-8915
Subject: Condition Compliance — Coastal Development Permit 5-99-282
& Conformance with Consistency Certification CC -078-99
Dear Mr. Melurn:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282 and/or as evidence of conformance with Consistency Certification CC -078-99 for the following
sites in the City of Newport Beach:
-C ity
Harbor
Permit #
Site Address
Beach
Disposal
Qty (cu.yds
Ocean
Disposal
Qtyt (cu.yds)
Cumulative
Total* for
2002
'1011-40
40 Balboa Coves
160
0
-1105-2700
2700 Shell Street
500
0
�1 09-1501
1501-1509 E. Bay Ave,
300
0
/109-1905
1905 E. Bay Ave,
160
0
9_1 4 - 3 5-0
350. Buena Vista Blvd,
100
0
7130-2888
2888 Bayshore Drive
0
1000
�_51-14dl
1401-1405 N. Bavfront
200
0
/153-213
213 E. Bav Front
100
0
153-300
235-305 E. Bavfront
200.
0
154-200
123-201 E. Bavfront
200
0
175-5-16
536 Via Lido Nord'
80
0
�_l 75-7-44
744 Via Lido Nord
80
0
3335 W. Pacific Coast Hwv,
0
200
.227-3331
537-514
514 Thirtv Eiahth St.
60
0
Sub -total
2140
1200
Year-to-clate total
5190
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certification CC -078-99 and that no further federal consistency review is
necessary from the Commission for the dredging components of the projects. In addition, the proposed beach
disposal events have been reviewed and found by the Executive Director to be consistent with Special Conditions
1, 2, and 3 of Coastal Development Permit 5-99-282. No further review is necessary from the Commission for the
beach disposal components of the pr ojects.
Please be 2dvised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of
Coastal Development Permit 5-99-282. Any change in the projects may cause them to lose their status as
consistent with CC -078-99 and/or CDP 5-99-282. This certification is based on information provided by the
recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will
become invalid, and any development occurring at that time must cease until a new determination regarding
conformance with CC -078-99 and/or CDP 5-99-282 is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200.
Sin,cerely,
."S
:arl Schewingg
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
. Not to Exceed 500 cubic yards per dredging and beach disposal event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
* Not to Exceed 20,000 cubic yards per year
L
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
City of Newport, Harbor Resources
Attention: Tony Melum, Director
3300 Newport Harbor Blvd
PO Box 1768
Newport Beach, California 92658
Dear Mr. Melum:
January 22, 2002
This is in reply to your applications dated December 20, 2001 and December 27, 2001, for
Department of the Army Permits to conduct maintenance dreding,-per RGP 54 in Newport Bay,
Newport Beach, Orange County, Califomina. This letter authorizes maintenance dredging.at.
eight sites within New. port Bay (see below).
,USACE
Base #
:,City
Harbor
Permit #
Site Address
Cubic
Yards
Square
Feet
(est.)
Beach
Disposal
Ocean
Disposal
200200354
110-1100
1100-1112 E Balboa Blvd
410
2400
Yes
No
200200355
432-402
40238 ffi Street
65
900
Yes
No
200200356
162-1
1 Bay Island
160
600
Yes
No
200200357
130-2702
2702 Bayshore Prive
350
600
Yes
No
200200358
175-618
618 Via Lido Nord
300
1800
Yes
No
200200359
161-7
6 and 7 Collins Island
160
1050
No
Yes
200200431
175-658
658 Via Lido Nord
92
1120
Yes
No.
.175-600
600 Via Lido Nord
100
1350
Yes
No
72002004j32
Total---
o:tal_
T:
1637
9820 t
1477 cy
160 cy
-2 -
Based on the information you have provided, the Corps of Engineers has determined that
your dredging activities comply with the terms and conditions of Regional General Permit
(RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an
individual permit will not be required. This letter of verification is valid until July 24, 2005,
when RGP No. 54 will expire. A general permit does not grant any property rights exclusive
privileges. Also, it does not authorize any injury to the property or rights of others or authorize
interference with any existing or proposed Federal project. Furthermore, it does not obviate the
need to obtain other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Cori Farrar of my staff at (21-0) 452-3296.
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
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WORKSHEET FOR BUILDING PERMIT APPLICATION
CITY OF NEWPORT BEACH
BUILDING & PLANNING DEPARTMENTS
DT.PARR PRTNT
1.PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
ZIP
OWNER'S-A,DDRESS
CITY f�-i
STATE A
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LEGAL DESCRIPTION
No. UNITS
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NEW ADD ALTER DEMO F]
USE OF STRUCTURE f-5 k
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3.OWNER'S NAME JAST ,,,FIRST M.I.
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4.APPLICANT C, IRST
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5.ARCHITECT'S NAME LAST FIRST
STATE LIC. NO.
ARCHITECTI'S ADDRESS
CITY
STATE
ZIP
PHONE NO.
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STATE LIC-C7.e
ENGINEER'S ADDRESS,-
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COMPANY NAME (if djfferent�)
NEWPORT BUS. LIC. NO.
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PERMIT NO. "J-1
CITY OF NEWPORT BmN CHECK NO.
TYPE OF CONSTRUCTION
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CLASS CODE
June 24, 1988
Alex Kensey
Marion Kensey
P.O. Box 461
Balboa Island, CA 92662
Re: Pier Permit 153-305
Dear Mr. and Mrs. Kensey:
Our records at the City of Newport Beach Marine Department
indicate that you own the property at 305 East Bay Front,
Balboa Island. This includes the permit for the pier and
slip bayward of the property.
The City Public Works Department will be raising the
bulkhead around Little Balboa Island this fall in an effort
to protect property from potential flooding from extreme
high storm tides.
This letter is to inform you that the two trees in the
boxes on the bulkhead in front of your property must be
relocated by September 1, 1988. City Harbor Permit Policy
does not allow the trees to be there and they cannot be
returned to their present location.
If you have questions'in this regard please call me at 644-3044.
sincerely,
Ray Garver,
Lt., Marine Denartment
3300 Newport Boulevard, Newport Beach