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HomeMy WebLinkAboutM2006-0064EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 J.E.T. Rutter c/o City of Newport Beach Attn: Wes Armand P.O. Box 1768 Newport Beach, California 92658-8915 May 14,1998 . X�lt SUBJECT: NOTICE TO PROCEED (File No. 98-00498-PJF) Dear Mr. Rutter: Reference is made to your letter dated April 22, 1998 in which you submitted, regarding 941 Via Lido Soud, a notification for the maintenance dredging of 45 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that your contractor, Mark Sites, does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Priya Finnemore of my staff at (213) 452-3402. Please refer to this letter and 98-00498-PJF in your reply. Sincerely, e, -- -q 6tt" Mark Durham Chief, South Coast Section Regulatory Branch Enclosure(s) HARBC-� PERMIT APPLICATION City of N - m ' Moort Beach Fire arine D=artment Please Print: (Front & Back) J ET Rutter 641 Via Lido Soud, Newport Beach 1. Appiic-, (Property Owner) ss Teiephone- same 2. Project AcLdress (s A'eet addresST-Harb nuit # 3. New Constructio/r Revision Maintenance Dredging xxxx 4. Fee . $3-58.00 Check No. -5200 DaE—e 4/21/98 5-1 Brief Description of Proposed Work: Remove sand build-up from under front end of float. Place sand against seawall 6. Submit 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 pro�ect 5. Existipq 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 conditlons affectinV the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance,-Information 7. Applicant's/Agent's Signature J�,�2 Elate ,/l/Y1,�_,-, X 8. Work can begin once the City has received evidence of the following additional approvals and 3aw have been notified to V=ceed: OFFICE USE ONLY Approval in Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers. Date Approval of the California Coastal Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date County of Orange. Date Issued. (Permit is stanped drawing) Date site Inspection.(call 644-3043 for amointment).Date Site Re -Inspection. Date Conditions: OWNER -BUILDER IECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) �ny 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 a permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as tEe--lr sole compensation, 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 throuVh his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one yec�r of completion, the owner -builder will have the burden of proving that he did not build or improve for the prupose for 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 with a Contractorl(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and ProTe—ssions Code for this reason:– owner Si Date Contractor .- Mark Sites Telephone 675-1071 Address Box 498, Balboa Island, CA 92662 License Class A/HAZ State Board NO.460235 City License No 97021127 LICENSED CaNTRACMRIS DECLARATICN I hereby.affirm that I am licensed unde:F provisions of Chapter 9 (commencing with Section 7000) f IP4,vision 3 of the Business and 'uuu' Professsions Code, andl ice se;,t6 jZ full force and effect. Contractor Signature Date 6-12 PERf,1IT 140. DREDGING APPLICATION Projec.�t-Location: 941 Via Lido Soud Cubic Yards to be Dredged:— 45 Method of Dredging: Hydraulic Suction Nature. of Dredged Material: Sand/Silt Disposition of Dredged material: Beach restoration 7Z, (a'Y Method of Material Disposition: Pipeline transport to beach restoration site. Turbidity Control Method: Reduced -discharge velocity Effect of dredging on contiguous bulkheading and beaches Protects and reinforces existing seawalls and bay beaches. IF Mark Sites hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in 14ewport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. J E T Rutter (Applicant -type name) 4/22/98 (Date) Mark Sites __7Con tractor- type name) Signed: C000n2tractor I s Representative Cle, 7-y- oc- go t w? ,/,� - , v/ Al zt-5-- -3 OAIL 4, --------------- C-C.-4 Ole VICIMITY -SKETCH �-3 0 ar-C �o bh'.sh SCCIIO,? OrAlemV,01W-1 A5ar. el ,23 1�07—Z,2Z Z34 CITY OF NEWPORT BFAC�j HARBOR PERMIT �ERMISSION IS *REBY G=D, To AND AINTAIN THE FAICIL17Y SM �ON ME =% A�T THE SITE'IND EOR T 'C HE HARBOR PERMArr�%'LjC'IFE" To�TNE'PROV11SIONSOF SPECIAL _S :OF NEWPORT'SEACH AND A.1 CONDITIONS LISTED 14ERWN THIS pERMff IS NOT TRANSFERABLE WITHOUT THE WRrM� CONSW Op THE CITY HARBOR RIGHTS G COORDINATOR OR CITY COUNCIL 7M IVEN UNDER THIS PERMIT A E PERWISME ONLy AND THIS PERMIT MAY BE REVOKED By IN ACCORDANCE WITH 17 OF CID Co RDINATOR p DATE su&�cvo ON BEACH <90 ey, (11 A -rer�o All&' P PSI r I XY -,7 0 Z) C, CYT4 Z-,--07 C, el VICIMITY SkETCH -lei /,.Vdf/ 0,101 fWeror7 40Wor ZOW Woyfdl.-. �ellVwly 7'ww-,I. yo,,60., rw st 41 04�ck a 3 907 COJ.IMA C ro Ai Li WORKSHEET FOR BUILDING / FIRE PERMIT APPLI WE& RESOLIfICES DIV, CITY OF NEWPORT BEACH CITY OF NEW�PORT BEACH PLEASE PRINT OR TYPE (9) BUILDING DEPARTMENT (\4, -s� 1. PROJECT ADDRESS (NOT MAILING ADDRESS) v FLOOR S U I:rE t� OWNER'S ADDRESS CITY J STATE �WNER'S E-MTIL ADDRESS ZIP PH 06N, E 4. ARCHITECT/DESIGNER'S NAME LAST LEGAL DESCRIPTION LIC. NO. No. UNITS LOT BLOCK TRACT CITY 2. DESCRIPTION OF WORK ALTER 7 Check Approoriate Box for Applicant / I USE # OF STORIES A LUATION $ DEMO F-1 SQ FT i(NEW/ADDED/EXTG) 3. OWNER'S NAME LAP FIRST OWNER'S ADDRESS CITY J STATE �WNER'S E-MTIL ADDRESS ZIP PH 06N, E 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS CHITECT/DESIGNER'S E-MAIL ADDRESS CITY ST ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. I ENGINEER'S DRESS ENGINEER'S E-MAIL ADDRESS STATE ZIP PHONE NO. 6. CONTRACT30,R,,S N*� BUSINESS LIC. //?? ?) /I STATE LIC. � (� ?�)rzc /,, No. lass CONTRACTOR'S ADDRr:'zz/ _7 ?I CONTRACTOR'S E-MAIL ADDRESS CITY STATE— zi P jPHONpiNQY , OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY- GROUP PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ PLAN CHECK ENG. �-ormsVjlag_applicatton 8/21/04 04 VA,JP Z kJzr' leA .1 C, VIC) l%J I TY SKETCH &AY wpo Orr IFORWA K 40 - Remove 0/r i's �/o �, i? ' ol#�p eA $ be/ow 1-7,rOP7 Zower /-aw rpQ;�" il'a'& /0 �Y�,-Lor /,/,70�5, r & 1 4 c�� i t f To 5 ,".e c- o yl ECTION rEl GRA- Wo IN! NO EEL GRASS UTHI 0 EEL GRASS IN TH OJECT AREA 4 cy/ <�� MIT# 4- 7 HARBO RESO P�RCES D 14 CITY 0, NEWP. P� BPE A 14 N- ------ 7 I o/ Z, 3 7,-A C7,- 0,47 CAevmA c roa ,112,-,> r-, c- 4 ,5 CA 4�6 / 7'r- '30, m el 04 4 Ov agog 0",,. gA 'el W"r .1ar-ry VICINITY SkETCH f4riwp,vwr DAY /-Ow WO/we. rar�,,W -6le'shwell-l" A�' HON. J.E.T. RUTTER 1 941 Via Lido Soud Newport Beach, CA 92663 February 22, 2006 Chris Miller Harbor Resources Division 829 Harbor bland Drive Newport Beach, CA 92660 Re- Pier Permit Conditions Property Address: 941 Via 11do Soud, Ne-� ft Beach, CA 92663 Dear Mr. Miller: Some months back, 1 applied for permission to move a small finger pro jecting from the side of MY boat slip and replace it with a new finger further back toward_ the, bulkhead. After receiving aPProval from the Coastal Commissionj receive Permit Conditions." d, formy sipatur"document entitled "Pier These conditions, added by the City of Newport Beach as a condition of getting a building Permit include, as item �V- "Ohly marine oriented uses are allowed o epi pi pa 0 gangway and float. n th er er I tf rm, Patio fim"ture, Plants,etc .... am nOt-Pennitted,7 L called your office and my call was returned by Mike. He adWsed_ me -that Mis not -enforced, but it had been inserted because somepeople, m0sqYo&BaIbo& bland, had stored miscellaneous junk on their Piers --and pier- platfbrrns,_ t]y C - tha"imwtimes material fell into J condition, anct the-waW. He agsure&me-ffiat-dgg-co��mserted-ont-yto give the city some means of Preventing such­negIigcnt-­maintenarruc,. Asworded; oweverthec nditon absolu d says K 0 i is te an nothing-aboutmaintenance or appearance of the premises. It gives any cit official the right to y require immediate removal of -everything on the pier putorm for any reason or for no reasoEL Our pier platform has been in this location since 1937. F6 r 33 years, our family and our guests havu enjoyed sitting there and -enjoying the races and the summer evenings. I cannot believe that this requirement is A reasonable condition to attach to tir reWirementsfor a permit to modify the boat slip. Please consider this my request that the city waive the c6id'ition in this instance or, in -the alternative, that it be agreed -that no action shall be taken on such a condition unless the pier or pier platform is maintained in an unsightly condition iil,a or -gogligent manner. Your early reply will be appreciated. Very1ruly yours, -T...Rutter March 10, 2006 CITY OF NEWPORT BEACH Hon. J.E.T. Rutter 941 Via Lido Soud Newport Beach, CA 92663 Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 RE: Response to Your Letter Dated February 22, 2006 Dear Mr. Rutter, I am in receipt of your February 22, 2006 letter which refers to the Pier Permit Conditions that this office is requesting you to acknowledge and sign prior to receiving final approval for your dock modification project. Specifically, your concern is with Condition #4: "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted." You are requesting this condition be waived, or as an alternative, that no action "be taken on such a condition unless the pier or pier platform is maintained in an unsightly or in a negligent manner." The origins of this statement date back many years and point to the City's Tidelands Trust Agreement with the State. Specifically, (Statutes of 1978), Section La: "That the lands shall be used by the City and its successors for purposes in which there is a general statewide interest, as follows: (1) For the establishment, improvement, and conduct of a public harbor; and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient for the promotion or accommodation of commerce and navig_ation. ' Over the years, the California State Lands Commission has inspected Newport Harbor and has commented on the common practice of patio furniture on the piers. Subsequently, the City has interpreted the above statement to mean that patio furniture does not 'promote navigation.' The City recognizes that many bay front residents in the Harbor enjoy the use of patio furniture on their piers and pier platforms. However, in an effort to abide by the Trust Agreement, the City informs the permittees of these conditions during dock modification proj ects. 4 Therefore, I am unable to modify the conditions or to agree in writing that no action will be taken against your pier. Please note, though, that the City does not routinely inspect piers for these requirements. If you should have any further questions, please do not hesitate to call me at (949) 644- 3043. If, after a subsequent phone call for explanation, you wish to appeal my decision, you are welcome to schedule this topic to be heard in front of the City's Harbor Commission. Thank you, Chris Miller Harbor Resources Supervisor (949) 644-3043 cmiller@eily.ngM�port-beach.ca.us 0 w 0 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions October 25, 2005 Property Address: 941 Via Lido Soud, Newport Beach, CA 92663 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system 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. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 6. Vessels may not extend beyond the end of the fingers by more than the width of their beam. 7. The maximum beam of a vessel that is permitted to side tie to the northernmost side of the northern finger is 6'. 8. The maximum beam of a vessel that is permitted to side tie to the southernmost side of the southern finger is 16'. -Signature: Chris Miller, Harbor Resources Supervisor Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date yv�po 4� �41 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT 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 existing 8' x 16' float section and (1) pile. Install new 8'x 16'float section in new location. jAddress number must be stenciled on at least 1 bayward facing pile. Fier conditions must be signed by applicant prior to final approval. Wroperty Address: 941 Via Lido Soud, Newport Beach, CA 92663 Legal Description: 1-71- lHarbor Permit Number: 40-945 IPlan Check Number: 2638-2005 jApplicant: JJ=. 1. Rutter Applicant's Mailing Address: 941 Via Lido Soud 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. And find Page 1 of 2 A They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, o 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 conceot and said anr)roval has been written uDon said r)lans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance 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 quidelines adopted thereunder, this development: X- Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal bv Newport Beach unless a substantial chanae is DroDosed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature: Chris Miller, Harbor Resources Superviso October 25, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICAfflWOR RESOURCES DfV XTY OF NEWPOP�T BE,4,CH, CITY OF NEWPORT BEACH n5q",m,i�ll BUILDING DEPARTMENT PLEASE PRINT OR TYPE rd)l� 4 PROjECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. I - r, r-xu Mu I Vjr1f tik LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRI PTION OF WORK _L0 o x zel A -101 - NEW A ADD ALTER 9 A =_ DEMO E] l�USE # OF STORIES VALUATION $�(z M�l SQ FT (NEW/ADDED/EXTG) F] 3. OWNER'S NAME LAST FIRS I p v 4, e, r j --.le_- 7� OWNER'S ADDRESS - NER'S E-MAIL ADDRESS CITY STATE zip—, .,_� 0--q— PHOI`�Z NO. � ;? �_3 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGN ER'S ADDRESS JARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. -I!f2 VOJEN ENGINEER'S ADDRESS f GINEER'S E-MAIL ADDRESS vt C4404 1'4,-, CITY STATE ZIP 5f__ 0_11� PHONE NO. 310 S-Llb,313 6. CONTRACTOR'S NAME 2 BUSINESS LIC. STATE LIC. - t/ I _�'kll Z � / � No. 7770.57 Class ?4— CONTRACTOR'SIyp o ejS S!, CONTRACTOR'S E-MAIL ADDRESS STAT ZIP [PH x Vr,rlL,r_ Ua= UNLY TYPE OF CONSTRUCTION OCCUPANCY - GROUP Oda aDdication 8/2t]04 PERMIT NO. PLANCHECKNO. PLAN CHECK FEE $ PLAN CHECK ENG. Date: Inspection Requested By: Insoector I------ Pier Address: Pier Transfer INSPECTION FORM Hlarbor Resources LDepartment 0 //,y /0 5- r- r-1 Don Duff�, i &ir 4!��; do -C,.OLd Relinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backfiow Present ---��Other Comments rass Yes No Presenti Pump Out Pier Location es Operationall Recommended Action Encroachmenet Address of Complaining Party_ Boat Description CF Number Location on Dock Comments / Observations Other Request STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 www.coastal.ca.gov Date: January 24, 2006 Permit NO. 5-05-445 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on December 21, 2006 and was reported to the Commission on Wednesday, January 11, 2006 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'. Sincerely, PETER M. DOUGLAS Executive Director By: ANN L. BLEMKER Coastal Program Analyst At CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Permit Application No. 5-05-445 Long Beach, CA 90802-4302 W3i Date: December 22, 2005 (562) 590-5071 Page 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: J.E.T. Rutter PROJECT DESCRIPTION: Removal of existing 8'x 16'float section and one 12" concrete pile and installation of new 8'x 16' float section in new location. The existing pier will remain. PROJECT LOCATION: 941 Via Lido Soud, 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: Wednesday, January 11, 2006 10:00 am Los Angeles Harbor Hotel 601 S. Palos Verdes St. San Pedro, CA 90731 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: Anne L. Blemker Title: Coastal Program Analyst 5-05-445 (Rutter) Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1 Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development s'hall 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 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: See pages four to six. 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. Pronect Description The project site is located at 941 Via Lido Soud in the City of Newport Beach (Exhibits #11-2). Single- family residences characterize the subject site and the surrounding area. The proposed project involves the removal of an existing 8' x 16' float section and one 12" concrete pile and installation of new 8'x 16'float section in a new location (Exhibit #3). No new pile is proposed. The existing pier will remain. The proposed dock will be constructed of Douglas Fir. The dock project will be used for boating related purposes to serve a single-family residential development. 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. The site has not been surveyed for Caulerpa taxilfolia, therefore a pre -construction Caulerpa taxilfolia survey must be conducted. These eelgrass and Caulerpa taxiffiblia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxil/blia). If construction does not occur within the respective time periods, a subsequent survey will be. required. Ifanyeelgrassor Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal public access is available approximately 500 feet north of the project site at the Via Zurich street end (Exhibit #2). Lateral access exists immediately seaward of the site. The proposed project has received an approval 5-05-445 (Rutter) Administrative Permit Page 3 of 6 in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not a'dversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. 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. 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 to Sections 30224 and 30233 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to 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. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 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. Asconditioned, 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 additional feasible mitigation measures available that would substantially lessen any significant adverse -effect that 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. 5-05-445 (Rutter) Administrative Permit Page 4 of 6 ' SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) 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. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) 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. (6) 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. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. 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. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. 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 5-05-445 (Rutter) Administrative Permit Page 5 of 6 be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3). Petroleum Control Management Measures: a. 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. Eelgrass Surve A. Pre Construction Eelgrass; Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 11.21 (mitigation: i m pact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5-05-445 (Rutter) Administrative Permit Page 6 of 6 3. Pre -construction Caulema Taxifolia Surve 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. 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: (1) for the review and approval of the Executive Director; and (2 to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. if Caulerpa taxitblia 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 RECEIPTIACCEPTANCE OF CONTENTS: IA/Ve acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature H:Oaff ReportslJano6l5-05-445(Rutter)Admin.doc Date of Signing x Sol r -C Qs/ Re w ;f2m IVEWPORr 50-30 COA S IV co T 1 le 40, C) .M5 .0 4 IDO ld3' co 'ro-04- CO s i�A Z41RICH t�, S�o it 6 IN 6, va t OD -0 Q) C.) V% > Gj?, TAL COMMISSI N r') 0011 onos C) 5 EXHIBIT PA G E CO OF 4 do Nj 47-21 7f. W t5oast R!g�ll 3 2808 orwcH Phi- IFORNIA ex, 41 1 _Mj rd Legg &o.% ;r/ 70,20 QQ�A M ISS 10- 4 A.4�- .4 7"a Pe 14 c% c% xj 0 Oe - .5 44-46' 1 �ra wdr Jgrlly VICI M I TY SkETCH c"r 4 wpowr Y, CA&-ww0LP4fA R e wt o 11,e 9,r I'S �1m x -vow wer 40w!!k -warempt'. Yvp 10 A Aoreavl 1 444, -6virr. Hold rvjuwQlf4lv�:MAd-4 pr Wor'she 7rA 44) rh;r A 25.r. It levew 16 Flo r . — I -CA �,e r 0 yj I IV lVi6W EEL G WSPEC11014 CO TAL MISSION EC'no NO EEL GRASS IPN IV QUMECr------- INS CT EEEL GRASS IN THE AREA 10i EX 1� I Ivi /0 "50 PAG OF IMGNATUR�—.. — ----zz— /41< - I f Z6 P=&Aff # DATE 4- ricAl' Q t) 4! 4 fe FARBOR ESOU ES DIV, GITY OF EWP BEAM ky r DA OR OF E Oqr ia Coast Commis So Coast fficeik. 40 ',S- 00 APP ED 'Al -e kp� it -TL -5-n-4 S eD -------- ------------------ A A4 A:�;OAM 9 7WACr-- 907 l:l&Lel3 Cf�,- M -A C re a j DA rdr.- 5A, an DREDGING PERMIT Harbor Resources Division 9 -IFO Address: q,1-1 V - Pier Permit #: -71- �11/-/ /VO Action Status Application Received Date: Eelgrass Inspection Eelgras Present Yes Date: /,a/ A H. R. Approval to Comments: Completed Date: Submit to Agencies C,I,q t Z, I /cy Sent to Corps/Costal Date: OK from Corps Yes No OK from Coastal Yes A No Dredging Approval H. R. Initials: It, C Date: C7 /Of, Completion Report Date: 0 0 Received (teq,-?T�tW 6 10 (Comment 1�,3h bu- -6- 9 L/( ) �e fr,-e a akta I — Dolle FROM Mark Sites FAX NO. : 949 675 1071 Aug. 31 2005 08:10PM P1 3" W I POST DREDGING COMPLETION REPORT K -dredging report for each completed individual The permittee shall send one (1) copy of the post dredging project to the Corps and the CCC documenting compliance with all general and ost-dredging report shall be sent within 45 days special conditions defined in this permit. The p after completion of the complete individual dredging project authorized in this permit- The post - dredging report shall include the following information for the completed individual dredging project: M6ae of dr ging an� transpo tion, and method and Jr q enc� of disposal: u ,A4 ipc e- 4 - Tug her vessel logs documenting contact AWY U$CG MSO Lonq'Beach before each trip to the LA -3 ocean disposal site. USCG Contact- 00� Yes No I Form of dredged material, Q�o Cohesive Procedure and location where the disposal barge or scow was washed: A certified report from the dredging site inspector and the captain of any tug or other vessel used to transport and dispose of dredged material at LA -3 indicating all general and special permit conditions were met. Any violations of the permit shall be explained in detail. All conditioning permits were met: Me No post-projeot surveys of Eelgrass beds potentially affected by the dredging- �Vlo_ -Z.4 t4p-OKIE -S R2 a- -5. -a!9 _"�; ------ I The post -dredging report shall b"iWed-by-a duly-a-uthorized repr6tiontativeof the permittee, The permittee's representative shall make the following certification, I certify underpenafty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my Know/edge and belief, true, accurate, and complete- I am aware that there are significant penalties for submitting false information, including the possibility of fine and 'mpn n t 'or knowing violations. 7Y Signature CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 June 17, 20005 Army Corps of Engineers Attn: Cori Farrar 911 Wilshire Blvd. Los Angeles, CA 90017 RE: Extension Request for Approved DreftinL, Applications T� Dear Cori, Per your earlier instructions to this office via email, this letter requests your approval to extend the project completion deadline for the attached application, to July 23, 2006 (1 year after the permit expiration date of July 24, 2005.) Thank you for your consideration in this matter. Please feel free to contact me with any questions you may have. Sincerely, ( "I 11'�kl " � �' "i I Chris Miller Harbor Resources Supervisor (949) 644-3043 emiller@,city.ng�Uort-beach.ca.us S',"ATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION - South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 May 11, 2005 (562) 590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended & Conformance with Consistency Certification CC -078-99 & CC -077-01 Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or CC -077-01 for the following sites in the City of Newport Beach: City Harbor Permit # Site Address Beach Disposal Qty (cu.yds) Ocean Disposal Qty' (cu.yds) Cumulative Total* for 2004 1715-836 & 175- s4n 836 Via Lido Nord 224 0 112-407 401, 403, 407 E. Edgewater 220 0 151 Emerald Avenue Public Dock @ North Bayfront 40 0 171-941 941 Via Lido Soud & 944 Via Lido N6rd 210 0 117-1236 1236 W. Bay Avenue 125 0 Sub -total 819 0 Year-to-date total 2247 2764 5011 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC -078-99 and/or CC -077-01 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 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is necessary from the Commission for the beach disposal components of the projects. Please be advised 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 CC -077-01 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. 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 CC -077-01 and/or CDP 5-99- 282, as amended, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerel J"t*rl Sch in Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, 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 REPLY TO ATTENTION Office of the Chief Regulatory Branch r% A r'b"Ir R R r! K 1r A E3RA%f Lrj% Er-jArk 1 IVII F_ 114 1 %0% FF THFIE 1-WIM 1 LOS ANGELES DISTRICT, CORPS OF ENGINEERS PO BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 May 31, 2005 City of Newport Beach Harbor Resources Division Attention: Mr. Tom Rossmiller 829 Harbor Island Drive Newport Beach, California 92659 Dear Mr. Rossmiller: This is in reply to your applications dated April 26, 2005 for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging and beach deposition at nine sites within Newport Bay (see below). USACE city Site Address Volume Affected Beach Ocean Base # Harbor (Cubic Area (est.; Disposal Disposal Permit # Yards) acres) 200500713 171-941 �,�'9'411 Viajddo"5oud 944 Via 210 0.05 Yes- No ido Nord Supratidal Yes- No 200500714 117-1236 1236 W. Bay Ave 125 0.02 Supratidal Yes- No 200500715 151 Emerald Ave Public Dock @ 40 0.02 Supratidal North Bay Front Yes- No 200500716 112-407 401, 403, 407 E. Edgewater 220 0.03 Supratidal Yes- No 200500717-1 175-836 836 and 840 Via Lido Nord 224 0.07 Supratidal 200500717-2 175-840 200501061 116-1132 1130-1140 W. Bay Ave 340 0.05 Yes- No Supratidal 200501406 132-515 507 & 515 Harbor Island Dr. 190 0.19 Yes — No Supratidal -2- USACE City Site Address Volume Affected Beach Ocean Base # Harbor (Cubic Area (est.; Disposal Disposal Permit # Yards) acres) 200501414-1 137-70 70 Beacon Bay (West, Middle, 220 0.05 Yes- No 200501414-2 East Docks) 145 0.05 Supratidal 200501414-3 123 0.04 20050141.5 105-2525 2525 Ocean Blvd 500 0.05 Yes — No Supratidal Totals 2337 0.62 2337 cy 0 Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies 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 is not required. This letter of verification is valid until July 24, 2006 to accommodate the requested year extension past the expiration of RGP No. 54. 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 Corice J. Farrar of my staff at (213) 452-3296. Sincerely, V Mark Durham Chief, South Coast Section Regulatory Branch Enclosure C/ f7_ K 0,,c- Ive.,WC, 0,-P 7- ?-, e,4 c/_/ Q4 11 ------ 1.4 Do 1,9., cl VICI&JITY 5kETC�-4 At IFORNIa, 120 EEL GRASS INSPECTION ,;,c) c/ �) c J� 5 era /.,I /',W,/ (:),)a X,NO EEL GRASS WITHIN 16OF M&GIT "'l-0- Zorver 4aw L,1orlcrv-, 0 EELGRASS INTHE PROJECT AWA' c% 171" /0 '(�rcr/ /-9 e i e,, c oy o YC �ve -SIGNATURE 9_// Wello'l DATE ,�7 �j e- 4 -3 si So Its J, HA)ROFR RESOURCES DIV. O� BEACH 01 OF NEWPORT 71 11 ------ 1.4 Do 1,9., cl VICI&JITY 5kETC�-4 At IFORNIa, 120 EEL GRASS INSPECTION ,;,c) c/ �) c J� 5 era /.,I /',W,/ (:),)a X,NO EEL GRASS WITHIN 16OF M&GIT "'l-0- Zorver 4aw L,1orlcrv-, 0 EELGRASS INTHE PROJECT AWA' c% 171" /0 '(�rcr/ /-9 e i e,, c oy o YC �ve -SIGNATURE 9_// Wello'l DATE ,�7 �j e- 4 -3 si So Its J, HA)ROFR RESOURCES DIV. O� BEACH 01 OF NEWPORT 71 STATE & FEDERAL AGENCY DREDGING APPLICATION Permit No. /,(/,Payment: 0 6) Check No: Date: Project Location: 9�11 62'.. Latitude/Longitude: 1,A Cubic Yards to be Dredged: Method of Dredging: Nature of Dredged Material (Grain size data): A#a-c. A a Disposition of Dredged Material: A"M /0,9 el A0 CL J y Method of Material Disposition: Effect of Dredging on Contiguous Bulkheading and Beaches: u-xted Ao XDe-e -S&nd 746, k ce e -y. i s k J Project Begins: Q-0 D Project Ends: 1po,ick ed"l I* f a#dev& ( wam WEACH -V�o V�-�W I C, I Map Output Page I of 1 http://www6.city.newpoi-t-beach,ca.uslservleticom.csri.esrimap.Esrimap?ServiceName=n... 11/08/2004 Dee 01 04 04:12p 1 December 2004 mBc nppiied Environmental 714 050 4640 I ntracoasta[ Dredging Service P,O. Box 498 Balboa Island, CA 92662 Attention: Mark Sites Re: Physical Sediment Testing Results Dear Mr. Sites: p. 2 Enclosed are the results of the grain size testing associated with the Regional General Permit for dredging in Newport Harbor, The testing followed Particle Size: Sieve Analysis.- Method 2 as defined in Procedures for Handling and Chemical Analysis of Sediment and Water Sampies (Plumb 1981), The analysis requested was for basic testing of the core samplesfor particle (grain) sL--e and reporting of the percent sand and silt/clay fractions to the nearest 1 % for each fraction. If you have questions regarding the metiodology or the results, please do not hesitate to contact me. The MBC staff appreciated the opportunity to work with you on this project. Please let me know if we can assist you on any other environmental projects in the future. Cordially, MBC Applied Environmental Sciences Mi �chael J, Manc Vice President Operations MBC Applied Environmental Sciences, 3000 Redhill Ave.,Costa Mesa, CA 92626 (714) 850-4830 - We.bsite: imb-onell.net Dec 01 04 04:12p m3c nppiied Environmental 714 050 4040 p.3 MSC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 941 Lido Soud SAMPLE COLLECTION DATE: 1111912004 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 1111/1912004 A B DREDGE SITE RECEIVING BEACH Total Dry Weight of Sample: 270.69 grams (g) 211.24 grams (g) Analysis Weight (Split Wt): 64.24 g 58.63 g Visual Description: A brown -grey Fme sand A light grey -brown fine sand with shell hash and gravel. with no shell hash. Fraction Fraction Fraction Fraction ��W �el h t % of Total Weight % of Total Gravel / Shell Hash Fraction: 0.98 g 2% 0 g 0% >2.Omm (> -10) #10 Sieve Sand Fraction: 60.81 g 93 % 58.17 g '99 %1 <2.0mm >0.063mm -10 > 4�) #230 Sieve Silt I Clay Fraction: 3.43 5% 0.46 % <0.063mm (< 4 0) COLLECTION Outline of sample collection and analysis: Samples collected by a hand coring device driven intoa representative area of the dredge site and receiving beach. Stored in plastic containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, deionized water added, and mixed to desalt and disperse the sediment. The sediment is allowed to completely settle and the clear water is removed by siphoning, The sample is placed in a drying oven at 5000 and occasionally stirred until the entire sample is completely dry. The dry sample is transferred to a desiccator for ocoling. The sample is disaggregated and a Riffle sediment splitter is used to evenly split the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction is processed through a # 10 U.S. standard sieve to remove te gravel/shell fraction of the sample. The material retained or, the sieve is weighed and value recorded. The material passing through the # 1 D sieve is wet sieved through a #230 sieve to remove the silticlay fraction. The material retained on the sieve is transferred back into the glass container and placed back into the drying oven at 50PC. The remaining sample is allowed to completely dry and the material is weighed and recorded to yield the sand fraction. The silt1clay fraction is calculated by subtracfing the gravellshell and sand fractions from the total analysis weight MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626 INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: Don Duffy Pier Address: 0'( Pier Transfer Reinspection GFI Present Yes Need None Need ed Yes Need Anti -Siphon / Backfiow Present Other Comments Eelgrass Yes No Presentl I ;K Pump Out Pier Location Yes No OperationalF_77 Recommended Action, Encroachmenet Address of C.omplaining Party Boat Description ..CF Number Location on Dock Comments Observations Other Request �14P to t'3 p 0 T W!Wn 30 days followiJK Confirmatioxi of w viability in tcswd wres, the ircatrocutarca, sba bc SWMMdVd by Mntaimont softea of no gmter por*sity thm 0.5 "n Wbi, the ly lvcd� liner cover SMI hkl� rm 'rho slufmo WAimen.0 �'b' at -= thCCOntainment area "I be rumved tq a dcpth of 25 centimewric usins a div M&isled SUCtion drefto, 5) MatcriA4 iac)u4jus rc.= WW.4r, SWI be pumped into a chloria4tio, n C=k MW coAccW Woy, of Q,io/, OWC4iat for a pesiod of xiot low Z Vot 6 hDM prior ;o upland di5powd of trrA ited materjej Or olhor autborizcd di-�qposA &ftCnMtivdx, 5 - If dredged m4tcrisaal is 6ja is be remayv4 ftow the APE and placed eloewhem in the marine ex1v'T0=VDt- thm no S& PM:r U'IAD 60 dsYs AftT WMPIMiOn of tho drcdged a= W)d dispo!ys) gitc, durkng the - icxt high XMWth perirA be gpplicm, shall coaduct a Suyve'llakxc level survC.1 - 0,f anY disPOW zm8s cxQ0PI whom rmateTiAl is diapsed of wiftA an eXiSting EPA C wiguated deep occan dispoaW We. The spacjrjc!;�4cy t"uirewea&; will be det9nni0ed bj NWS md CDFC on 2. coat by case basis. This POHCY d7 vffi&�Am any additimal TOW"OUS On 1120 WC411ing, b-msp,,n, disposof of 4 1 tba rAaY aPPlY at the time of pennit ismance or in ft TWure, it is incumbeat upon tho tt" tO COMVIY witb MY Othcr RMlicable Slue Or Fedet-al regulAti0m, TestrictiOns ch4cs tO ft PrOtoeol that rmy be ia cff=t at the tjM@ of )M iGitiatioln Of a-Whoriweidivffies Cau (Vei This form ig requjnd I*!, a,JP,A Cauldrpa laxifolia C and authorigafiens i=uec QualitY 00=01 B4ards ( 00atrolling &Ae 0,0sts ofm (a identify Aud CODUDI am Qlvlerpa, survays roquh through public*Aon orre authorizX4 Permiltm to CI fiL,,UW informabco na tbi Fishcrim- Strvkc, (562) 5 & Gamc, (858) 467-4218 te Name-, Conter-it: Survey Reperfing Form 1.0, September 18,, 2001) submitwd for my sunmyl c*Wucm4 fW tbo WVMIVC Cx0fic 'WO I-OWAM4 to be conducted OWCW fadeW cwstte Perix6ts Y the U.S. Amy Corp:; of ga&am-5 orxeglogW w# ,wr %ions 9 & 9)� 7-bC 14M IM bM des4md to &$3ist in Irting while awmng that the x6"wed mftwMDOO WCCss� X)ttntiAl imPaots Of dw authorized acodow on tho spread of tO bc cwWu0W, f0f Lhis qWift we bj= to m"fjsd�m "OTA to dw C&"I--rP0 surwCY PONCY. It is incumbant -P— lbo that SUIWV w0xk is "J&wing the West prot9wis. )F, .w PTGWQ13� please cwtwt: RAwt IUffinw� N20MW NkWjnp "043, or *iujam PAM01,k", Califoxnk Depamnew of )RiM -CI 91GS-CL9_017B S113B 410RUJeu 1,0 i'D A0W 91296��312'x z;,,, , r � d , d U LUY-ULI-u-UiFu 16 t L � Ll �d I -16FUJUH dtu..,Jt �,u i,.Lj Ikuli pow:-ope-o, /4 ve - is: other 110forma"Oul. omo 0- ep— to rrvA& wy additional iw&KM&A OK raWWQCP VD 4nmrbAd m maps. (;Awcqm survey Amparl�fts (VmiQn I A 9eW011 15 9 T 69 - CL 9 -- B-17 B sjj�g QJQRU�Aeg cl I of 2'[ JrO 17D A OW //0 lr�ptkft of saxwy $WVV date cmd dme r. 49menU &* mawr cftd Jwtuding typ of or-) md Ommy do UqAoyak am- of vEd wMOY douggy 04d pmwd" 0-f ** &*OMMk)IyVfDWAd). am say lim"WAms Owmd dmft am EWHEW W -Y *YJ7-- & I Mom Description of Surve-Y Survey date Effort. and timc (pigase dascnbe rim survCYS period: 0: 0 A AA- k;QLA-uctcd including type of l,ufvey (SCIMA, reinote video, etc.) arx-1 3urvey njethods, emplqyed, dntAL of work, and sury-ey dmity (estirmted puccutage Of the bottorn actually vicwcd). Dcscribc any limitatious encountered during the gurvey efforts. Visibility in L water: Survey "- e I and method--:' K 7- U?Tey (jA q , , t t� _3 LT SZOVC�V c? 70 surmv zlf-- IF Foi�,—Clr Information: (MC. tbis space� to Provida F g.r.-y additional infornu'100 of referencos to attuchcd materials svch as u'ops, Eciv I ass Survoy Reporting Form (version 1.0, 6/20/03) %11TG Q10euJeE 42 0 t 0 T 1, 0 Dv�cripfion of Site- (descyjt�-, dic phy'sical and �:Iologicaiconditiofts -ithic the survcy afea at the ti -IMI: Of thr, survoy arld proVi& UU, ig�t into varlabitity, if knoNvn, Pjt�asc pTovido units for all nutnerical jrformati.L-m). IF 22 (o ,kA ant i I r""I 0 auna: I Exotic specics encouritered: f'a n fio.' I L -(,Ot,c Z!�] LICOU, Other site d,osc ption 0 tos L L-3 9 1- L L 1 H 4 tuwu�Wh u .1 d L ip. U ir u 4170" chric PAI iz-1rd"'I j IeFr 0 �: 0 Y� Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) 'IT& forrn is required to be subm itt ted for mny surveys conducted for the e6grass, 76stera marfnq, that are required to be conducted under Weral or state perjifts and authonzati=3 issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identif�,ing oeltzr= while cnsuring that the required infbrmation is consistently documented- Suivcys required to be conducted.for this species are subject to Modification through publication of revisions to the celgrass survcy ent -I"Pon the authonzed permittee to ensure, thLt survey woj.k follo) the =atest p�roRcd is, For further inforniation or). these protocols, please contact: Roboll offinan, National aliro a D Service, (562) 980-4043, or William Paznokai, C; -F F epartmexit of F 8) 467-4218). Required [n,florniaho'n Hydrographic System] (bay, ustuary, lagoon, or harbor) ir, Location - I spec�i T -IT ( TM, Lat./Ung., daturn, laceuracy level, attach elcctronic %nvey ayea rmap if possible) IZ T- I -A Was IDetected- Yes, ZelgrasS WaSfound at this site. i Celgrass found was not at this sit,-- �Scripfiov of rraitted Work: :-smifie b.--i.cfly the wortto conduciodat tlia site, ipr th� 1 S1119 aIQ9UJeE c120t2l fO iD AQW Mark Sites Intracoastal Dredging P. 0. Box 498 Balboa Island, CA 92662 February 25, 2005 Property Owner 940 Via Lido Nord Newport Beach, CA 92662 Dear Property Owner, This letter is to inform you that your neighbors at 944 Via Lido Nord and 941 Via Lido Soud have applied for a permit to dtedge. The proposed project is shown in the accompanying drawing. The city's Harbor Resources Department asks that this notice be sent as a courtesy. Any questions you may have should be directed to that department's supervisor, Mr. Chris Miller, at (949) 644-3043. Sincerely, 1��� Mark Sites Intracoastal Dredging Mark Sites Intracoastal Dredging P. 0. Box 498 Balboa Island, CA 92662 February 25, 2005 Property Owner 939 Via Lido Soud Newport Beach, CA 92662 Dear Property Owner, Tlus letter is to inform you that your neighbors at 944 Via Lido Nord and 941 Via Lido Soud have applied for a permit to dredge. The proposed project is shown in the accompanying drawing. The city's Harbor Resources Department asks that this notice be sent as a courtesy. Any questions you may have should be directed to that department's supervisor, Mr. Chris Miller, at (949) 644-3043. Sincerely, Mark Sites Intracoastal Dredging C -J/ Agenda Item No: F-14 CITY OF NEWPORT BEACH Marine Department July 26, 1982 TO: MAYOR AND CITY COUNCIL, FROM: Marine Department SUBJECT, HARBOR PERMIT APPLICATION 171-945 BY J. E. T. RUTTER TO REVISE A RESIDENTIAL FLOAT AT 941 VIA LIDO NORD Recommendation: If desired, approve the application. Discussion: This Harbor Permit application is before the City Council as required by Section 5.B. of -the Newport Beach Harbor Permit Policies, which states: 5.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." The applicant currently has his 40 foot vessel berthed in the single 27 foor slip that is now bayward of his property. To provide a more secure berthing space for this vessel, the applicant proposes con- structing a new 43 foot slip. In addition to this, the applicant proposes adding a 10 by 20 foot 'float at the most bayward end of the revised slip to more securely berth two additional vessels owned by the applicant. - The applicant was originally before the Council on May 10., 1982 with a proposal to build two slips bay -ward of his property. The Marine Department recommended denial of this application aiid Council sub- sequently denied it. Although the current rev*ision, as submitted, does not conform to the standard drawing, it is in concurrence with all other sections of 'the City's Harbor Permit Policies. The applicant has obtained approval from his neighbors on either side for the planned revision. (See ietters attached). David Harshbarger Marine Director Tony Melu� Tidelands Administrator TM: db CITY'OF NEWPORT BEACH C UNCIL MEKBQRS MINUTES P rn) 1 11 1 1 Julv 26. 1982 14. CONCU -I�SIAA'�VVS APPROVAL OF HARBOR PERMIT APPLI- 'Harbor Perm EO. 1_9 CAT' 71-945,��, Y J.E.T. RUTTER - To revise the Apli/Rutter resid�en�ttia� at"'at 941 Via Lido Nord, Lido (51) Island. (Reportfrom Marine Department) 15. BUDGET AMENDMENTS - For approval: BA(25) BA -002, $16,025.00 Increase in Budget Appropria- tions for additional funds for Communications Center; Communications Center - Police Facility Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from General Services Department requesting Newspaper approval to extend'Contract No. 1644 with Garden Rcyclg State Paper Company for recycling of used news- C-1644 paper, was presented. (38) Motion x Motion was made to approve the extension of All Ayes Contract No. 1644, but that the staff be directed to review the possibility of including aluminum cans in the recycling effort. 2. Proposed resolution authorizing the Personnel Direc- Personnel/ tor to make application regarding the Disability Disab Rtrmt Retirement of Local Miscellaneous Employees of the (66) City of Newport Beach, with a report from the Per- sonnel Department, were presented. Motion x Motion was made to adopt Resolution No. 82-113, Res 82-113 All Ayes with the last paragraph amended to read: "NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby designate to the incumbent in the office of Personnel Director, the authority to make applications for retirement for miscel- laneous members where there is evidence that such employees may be disabled." 3. A letter from Paul Kennedy Reed, regarding nuisance Bldg Dpt in the 600 block of Irvine Avenue across from the (26) high school, was presented. Motion x Motion was made to direct the Code Enforcement All Ayes Officer, Building,, Fire and Police Departments to investigate said nuisance, and coordinate a reply to Mr. Reed, with copy to City Council. 4. An application for ENCROACHMENT PEP14IT FROM TEDDY Yip & Clark YIP AND BEVERLY CLARK AT 3631 OCEAN BOULEVARD, Enc.rchm CORONA DEL MAR, and report from the Parks, Beaches (65) and Recreation Director, were presented. Motion x Motion was made to approve the permit, subject to Ayes x x x x x x Condition Nos. I and 3, and modifying Condition Noes x No. 2, requiring that the existing asphalt public pedestrian path shall be retained. Volume 36 Page 240 COUNCIL 1111TY OF NEWPORTBEACH MINUTES 'V(P\ July 26, 1982 INDEX (h) Updated report from Parks, Beaches and Recrea- Arts Cm8n/ tion regarding ARTS COMMISSION FALL CONCERT. Fall Concert (62) (c) Proposed CITY COUNCIL POLICY M-6, "SOLID WASTE Cncl Policy/ MANAGEMENT,AND RESOURCE RECOVERY." Waste Mgm(69) For Council information and filing: (d) Memorandum regarding ELECTION OF OFFICERS FOR Boards/Comsns THE FISCAL YEAR 1982/83 FOR THE FOLLOWING FY'82/83 BOARDS AND COMMISSIONS: Ofcrs(24), 1) Planning Commission; 2) Civil Service Board; 3) Arts Commission; and 4) Board of Library Trustees. (e) Memorandum from the City Clerk regarding General Elec/ ELECTION CALENDAR FOR NOVEMBER 2, 1982, Calendar(39) GENERAL ELECTION. 10. PUBLIC HEARING SCHEDULING: None. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS - CORPORATE PLAZA Resub 465 RESUBDIVISION NO. 465 - Accept the on-site public (84) improvements constructed in conjunction with Resub- division 465, Phase I; approve a Subdivision Exten- sion Agreement (to February'16, 1985) for . Resubdivision 465, Phase II, and authorize the Mayor and the City Clerk to execute said extension agreement; authorize the City Clerk to accept the Faithful Performance Bond Rider and the Labor and Materials Bond Rider (No. 2620989) to reduce the existing bonds to the sum of $30,000 for Resub- division 465, Phase II, on-site improvements; approve a Subdivision Extension Agreement (to May 31, 1984) for the construction of portions of Avocado Avenue; authorize the City Clerk to accept the new,Faithful Performance Bond and Labor and Materials Bond (Bond & Rider No. 52407619) to increase the bond amounts to the sum of $132,000 to cover the cost of the Avocado Avenue improvements, and release the existing bonds (Bond No. 2620990); and authorize the City Clerk to accept the new Faithful Performance and Labor and Material Bonds (Bond No. 52407618) for construction of East Coast Highway improvements which are to be substituted for the existing bonds (Bond No. 2620991). (Report from Public Works Department) 12.. APPROVAL OF APPLICATION OF EUGENE AND SUSAN SPIRI- Spiritus/Apl TUS TO CONSTRUCT STAIRS IN THE PARKWAY AT 522 NORTH Site PlnRv28 NEWPORT BOULEVARD ON THE 15TH STREET FRONTAGE (SITE (84) PLAN REVIEW 28) - Subject to the Applicant's signing a License Agreement for nonstandard im- provements. (Report from the Public Works Depart- ment) 13. Removed from the Consent Calendar. Volume 36 Page 239 PERMIT NO. qLj DREDGING APPLICATION Project,Location: 941 Via Lido Nord Cubic Yards to be Drddged: 197 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pym through discharge pipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead Wm. L. Harris hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occurbecause of any altering of existing use of the affected -.Cine Mew000rdoxcH ro 90, ig AA-wf P 00 Af bv Af. AAW Orwr,, 4 "CA solos*, c' Pl 0 red =#.c aww"r Jerry cAve ,5f44—c VICINITY SKETCH jorrr Newpoirr IS^Y, CAL torolaNIA 0,,pp pok S 46CIO&W A-I&Ov? 4aWipp- I-aW Wofeo-^ AfOrlowelow are *Zio61-r'SA4pof"" cl V/ t'- wN. t f -4,157 -32-4- V d Ala '31 4�4 Zf AL. a acz '32- 3 7 -RA Cr-' 9 0'7 72AU rw OW I.A0.1. AEges ME 5 Lf Pa IJ,06-0 CaAawAc roa 1 5 Am i s S OA re.-Zfl& "s '71ZIe 2- 9 �90' State of California, 4mund G. Brown Jr., Governor California Coastal Commission SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 5-82-549 66b E. Ocean Blvd, Suite 3107 Long Beach, CA 90801 Page 1 of 2 (2 13) 590-5071 On September 23, 1982 The California Coastal Commission granted to J.E.T. Rutter 941 Via Lido Soud Newport Beach, CA this permit for the development described below, subject to the attached Standard and Special conditions. Revision of an existing private boat dock used in conjunction with an existing single-family residence. SITE: 941 Via Lido Soud, Newport Beach, CA Issued on behalf of the California Coa , 1, IMPOR'T;�,I.�';7: THIS IS NOT VALID UNILESS \J \J \_1_/ U k i? MICHAEL L. FISCHFT,� AND UNTIL A COPY OF THE PERMIT WITH THE 1 - Executive Director SIGNED HAS BEEN RE- and TURNED TO THE COMhAISSION OFFICE. DP/rm ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms'and conditions thereof. Date Signature of Permittee 5/81 N, "'� q r , 1, IMPOR'T;�,I.�';7: THIS IS NOT VALID UNILESS \J \J \_1_/ U k i? MICHAEL L. FISCHFT,� AND UNTIL A COPY OF THE PERMIT WITH THE 1 - Executive Director SIGNED HAS BEEN RE- and TURNED TO THE COMhAISSION OFFICE. DP/rm ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms'and conditions thereof. Date Signature of Permittee 5/81 Coastal Development Permit No. s-82— 549 Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of Ue pe mit, 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 construction has not commenced, the permit will expire two years from the date on which the Commission voted on t e application. Construction 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. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Insuctions. The Commission staff shall be allowed to inspect the site and the development during construction, Subject to �4-hour advance notice. 6. Assi�nment. The permit may be assigned to any qualified person, provided assignee files with the Commission an a7fadavit accepting all terms and conditions of the permit. 7. 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 a I future owners and possessors of the subject property to the terms and conditions. SPECIAL -CONDITIONS: none �tate _' Pf California, Edmund G. Drown Jr., Governor I Carlifornia Coastal Commission SOM COAST DIS—Lr%-'CT 666-1E. Ocean Blvd., Suite 3107 1P.O. Box 1450 Long beach, CA 90801-2450 (213) 590-5071 (714) $46-0648 Y12182 nom my2/5/83 BEUT D. H. Picken;��- z)rm By. Tim Cohen smvr mp= 9/7/82 sws UWMC mn�_ 9/22-24/82 STAFF REPORT: ADMINISTRATIVE ITErl APPLICANT: J. E. T. Rutter AGENT: Sam Kniss PERMIT NO.: 5-82-549 PROJECT LOCATION: 941 Via Lido Soud, Newport Beach, CA PROJECT DESCRIPTION: Revision of an existing private boat dock used in conjunction with an existing single-family residence. LOT AREA N/A ZONING R-1 BLDG. COVERAGE N/A PLAN DESIGNATION Low density residential 6 du/ac G.P., LUP draft, LUP adopt, LUP cert., LCP PAVEMENT COVERAGE N/A PROJECT DENSITY 11 du LANDSCAPE COVERAGE/A HEIGHT ABV. FIN. GUDE N/A I OrAl ,1. PrTRIOVALS r'711TVED Approval in concept - City of Newport Beach SITE CHARACTERISTICS : Sandy soil, adjacent to the sandy beach. SURROUNDING LAND USE: Similar type, large single-family residences. COASTAL ACT ISSUES: Public access Certified Land Use Plan Consistency. MW (continued) I EXECUTIVE DIRECTOR'S ACTION Approval - The Executive Director hereby issues a permit for the proposed develop- ment on the grounds that the deveT—opment will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act. is located between the sea and the first public road nearest the shoreline and is in conformance with the public access and public ' recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 1. STANDARD. CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction sF-a=not commence unti:L 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 construction has not commenced, the permit will i-xpire two years from the date on which the Commission voted on the application. Construction 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. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth k>elow. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any Zondition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 7. Ass' nment. The permit provi e assignee Mes B21 terms &nd conditiAMS -rem$ may be assigned to any qualified person, with the Commission an affidavit accepting of the permit. Ii. SPECIAL CONDITIONS: None. III. EXECUTIVE DIRECTORIIS DETERMINATIONS: A. Project Description Partial demolition of an existing private boat slip and con- struction of a new slip to convert the slip configuration from a single finger slip to a horseshoe type slip. B. Public Access The project is located on Lido Isle in Newport Bay between the nearest nublic road and the sea. The island is surrounded by public owned beach which varies in width according to tidal conditions. The Executive Director determines that lateral access dedication is not required for the proposed project. The City of Newport Beach Land Use Plan was certified by the Commission on 5/19/82. Policy No. 6, page 8 of that document states in part that "Vertical access ... shall be provided in new development ... except where adequate access exists nearby There are fourteen, four -foot wide dedicated public vertical accessways on Lido Isle. The accessways are spaced at an average distance of 550 ft. apart, the longest being 1400 ft. The proposed project is located approximately 400 ft. from one of these accessways and 900 ft. from another. The Executive Director determines that there is adequate vertical access in the project area and, further, that approval of the project is consistent with the access policies of the certified Land Use Plan. sws - 3 - —Alm a, '-%wz Ire -!Iw Ao 61, Ab. It& lr# One IdrjWr -ftr —AV "14 SPECIAL CONDITIONS: AT LEAST 72 HOURS PRIOR TO DREDGING OPERATION STARTUP, THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD MUST BE NOTIFIED. CITY OF NEWPORT BEACH NAME f --"l PEET::' PERMISSiON 15 T nUCT AND MAINTAIN THE H.'--REOF, '�T TZLlE Sr -TZ 'AkIDWZ.14'.- al -ONS OF 'rw-- tvkRnw� -ND PFq Hl 4 -1, E.M T 0 Ic HE CU'Y 'AYS GgVEiW I G; I T H 5 S P 0. R W� t i�" COUNCIL "AlL CODE. J-� . 4�7 .. ... TOR PERMIT NO. SPECIAL CONDITIONS - Corps of Engineers Permit 13-10-(57 Orange County Permit Other., — 3-, a-;ej -8L I— Zi do -0, CE COMMUNITY ASSOCIATION 701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CALIFORNIA TELEPHONE: 673 . 6170 92663 April 19, 1982 City of Newport Beach Planning Commission City Hall 3300 Newport Blvd. Newport -Beach, CA 92663 Gentlemen: Per attached correspondence and diagrams from J.E.T. Rutter, the Lido Isle Community Association Architectural Committee and the Board of Directors reviewed this proposal to add a new 40 foot slip at 941 via Lido Soud. The Architectural Committee nor the Board of Directors is opposed to this request. JT: rr truly yours, n Tanner inistrator A Non -Prof it Cooperative Organization of All Lido Isle Property Owners Robert P Warmington 3090 Pullman Street, Costa Mesa, California 92626 (714) 966-1333 April 1, 1982 TO WHOM IT IMAY CONCERN: I have been given the dock diagram for the pier Judge Rutter would like to put in front of 941 Via Lido Soud. I approve this cmcept and have no problems with this structure inter- ferrIng with Py prcperty rights. Very truly yours, -Rcbert P. Warmington 939 Via Lido Soud Newport Beach, Ca. RPW/ph STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR., Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD -'s SANTA ANA REGION .6809 INDIANA AVENUE, -SLATE 2GO RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 684-93.30 February 26, 1982 Mr. Samuel F. Kniss Trautwein Brothers Waterfront Construction 2410 Newport Blvd Newport Beach, CA 92660 Dear Mr. Kniss: New Dock at 941 Vio Lido Soud, Newport Beach Based on the submitted no liveaboard statement and standard dock construction, water quality should not be affected and clearance is provided. Sincerely, f J M Za4dzinski /,-z-YJohn Senior Engineer JMZ:kyb STAT US SHEET HARBOR PERMITS or LOCATION ff!�� 0100of New PERMIT NO.-1l/—f,#-4f Revision APPLICANT NAME 41?t4� Dredging CONTRACTOR_ Date Rec'v X— Fee Amt. Fee Processed Date Reviewed by Marine Dept. -,F 2--, Approved Denied Corection Required - Description RICHARD STEELE dwIt-ot!"I NEWPORT BEACH, CALIFORNIA 92663 140 V14 4-JDa, N -49D July 9, 1982 TO WHOM IT MAY CONCERN: This is to advise that I have no objections to the dock plan for Mr. J.E.T. Rutter as proposed an drawing dated 2/22182 -as revised 7/2/82. /A�-Z-10 -,I �4 44:t Mr��d 7teere RS:nk Robert P Warmington 3090 Pullman Street Costa Mesa, California 92626 (714) 966-1333 July 12, 1982 City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92663 Re: 941 Via Lido Nord Gentlemen: I have reviewed the revised dock plan of J.E.T. Rutter's at 941 Via Lido Nord. I see no problem whatsoever with our two docks, and I hope the plan will be approved. Sincerely, Robert P. Warmington 7 RPW/bcw 941 Via Lido Soud Newport Beach, CA 92663 April 27, 1982 City Council City of Newport Beach Newport Beach, CA Re:, Pending Application for Installation of New Dock at 941 Via Lido Soud, Newport Beach, CA. Gentlemen: In connection with the proposed dock addition, please find the following: (1) A letter from my neighbor to the south, Mr. Robert P. Warmington, stating his lack of objec- tion to the addition. (2) A letter from my neighbor to the north, Mr. Richard Steele, stating that he likewise has no objection. (3) A letter from the Lido Isle Community Association on behalf of the Board of Directors, stating that neither the Architectural Committee nor the Board of Directors is opposed to a proposed addition. (4) A Vicinity Sketch and other required diagrams pre- pared by Trautwein Bros. and an enlarged sheet of the proposed construction. Comment: The undersigned requires the additional slip for a 401 vessel now housed in a 271 slip. The remainder of the old slip will be left in place to house two day boats (201 and 18', respectively, which are presently side tied and which sustain damage every time the Santa Ana wind blows. As you are aware, the east end of the island sticks right out into the heaviest part of that blow. Your courtesy and cooperation is appreciated. trulv vours. JET: re Robert P Warmington 3090 PuHman Street, Costa Mesa, Califomia 92626 (714) 966-1333 April 1, 1982 TO WHOM IT IWAY CONCEIN: I have been given the dock diagram for the pier Judge Ratter would Like to put in frcnt of 941 Via Lido Soud. I approve this amcept and have no problem with this structure inter- ferring with PTy prcperty rights. very truly yours, ;M-9�6Jc-'� , P bbert P. wanningtcn 939 Via I&do Soud Newport Beach, Ca. NW/ph 1p� RICHARD STEELE 4500 CAMPUS DRIVE, SUITE 201 NEWPORT BEACH, CALIFORNIA 92660 March 5, 1982 TO WHOM IT MAY CONCERN: I have no objections to the dock and pier plans as currently outlined by Mr. J. E. T. Rutter, 941 Via Lido Soud, Newport Beach, California 92663, lot 323, tract 907, work being done by TrAutwine Brothers. " I 4"e� A= Richard Steele RS:mk Zi do DiCe- COMMUNITY ASSOCIATION 701 VIA LIDO SOUD, LIDO ISLE NEWPORT BEACH. CALIFORNIA TELEPHONE 673-6170 92663 April 19, 1982 City of Newport Beach Planning Commission City Hall 3300 Newport Blvd. Newport Beach, CA 102663 Gentlemen: Per attached correspondence and diagrams from J.E.T. Rutter, the Lido Isle Community Association Architectural Committee and the Board of Directors reviewed this proposal to add a new 40 foot slip at 941 via Lido Soud. The Architectural Committee nor the Board of Directors is opposed to this request. JT: rr truly yours, n Tanner inistrator A Non -Profit Cooperative Organization of All Lido Isle Property Owners Cl ne a.& Nzwoor dkwcH Ale AAp4P 6t i i I J* �xl - r r, —,az �'- 5A.0VI-o"Je c a 'ot r -J, cl '* 0 VICINITY SKETCH Jerrr si a wpoor P^y, C^t afrommiA sbu,"ofloolps cwO &Aprcjrsdpof 'fry Ire,,$ 00:10f ocsw*140 ~OAS 6010W ^VV007 LOWOP LOW WbAre- WVZAM4.'AVP or &fila,, Opp,-vjL1,wQ,1dp1y AL7*lpvof. Mewhoo- 1,;jeS are osiableshad' 1-4�9 7�*'f'w -TC/.eov arrmew,~001 Bar. Jos Z6 t) 0 > r J I rif" 4c's- 00 AL,. ieZOZ-4 ICA -VES A1AA4j'9.:.J-4f'-r. )aJ7-rVl�-' —Zo7-:'32-3j94:ow; 77ZA —r*—ku rt'a r- I AJ rp" .1 - Agoress:541 V�A- LIPQ AJO40 CVAIMACrDAP.:'54�M jewls_S OArar.-Zfl&z E�/40 4821 susiEcTA .QL0c-P Asz��-- Ag j� .,p TRAUTWEIN BROS. --- smalff 1000.1 01rr /- Gemral Eviginccring Contractors ion tdo.j Newport NVAL Newport $each, Calif. 92"0 03. P" CATE AVO Selo CHICO. My------DATIE--. !�c I N I ! ,z 114�ell— A 4-3 Aee,�X,e 7�=144* r —IL o 43 r 1r) 10 V c� M-n� -120 ? 7 10e, 0 4 T '000— 0 4vz 0001 IFI IN REPLY REFER TO SPLCO-R DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 5 March 1982 Mr. Sam Kniss Trautwein Brothers 2410 Newport Blvd. Newport Beach, CA 92660 SUBJECT: Build a New Dock for J.E.T. Rutter Dear Mr. Kniss: Thank you for your letter Of 22 February 1982 notif--In- us 04 intent to construct a new boat dock J� C2 yo ur at 941 Via Lido Nord, Lot 32-3, Tract 907. Your drawings have been reviewed and generally conform to the provisions of General Permit GP004 for privately owned boat docks in Newport Bay. Providing you have complied with St ate and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-130 If you have any further questions, please feel free to call our Regulatory Branch at (213) 688-5606 and refer to this number. A copy of the General Permit is inclosed. Sincerely, I Incl W. H. MAHONEY As stated Assistant',Chief, Construction- Operatiori Division LA FL 537A AUG 81 RICHARD STEELE 4500 CAMPUS DRIVE, SUITE 201 NEWPORT BEACH, CALIFORNIA 92660 March 5, 1982 TO WHOM IT MAY CONCERN: I have no objections to the dock and pier plans as currently outlined by Mr. J. E. T. Rutter, 941 Via Lido Soud, Newport Beach, California 92663, lot 323f tract 907, work being done by TrAutwine Brothers. A '0�' �.L " � , C? t ir Richard Steele RS:mk WATERFRONT CONSTRUCTION City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, Ca. 92663 Attn: Tony Melum, Harbor Administrator Re: Dock addition and remodel for J.E.T. Rutter 941 Via Lido Soud Dear Tony: 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contractors License No. 258975A February 25, 1982 Enclosed please find my checks totaling $80.00. This amount is the difference required for Council action. which Judge Rutter would like to pursue in order to have a dock slip. Please let Judge Rutter know the Council date as soon as possible so that he can put it on his schedule. His phone numbers are 834-4656, work and 673-9515,.hom,e. If you have any questions feel free to contact me. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CO RUCTION -,'Samuel F. Kniss SFK/tlb c.,c. Judge Rutter WATERFRONT CONSTRUCTION 2410 Newport Boulevard Newport Beach, California 92660 Telephone (714) 673-1960 Contractors License No. 258975A February 9, 1982 To: Judge Rutter 941 Via Lido Soud Newport Beachl Ca. 92063 Re: Proposed dock addition Dear Judge Rutter: For your convenience and to expeditethe processing of the permits, etc. that are necessary to the above project, I can sign for you as your agent on all such documents. If this is your desire, please endorse below. Please retain one copy for your files. Sincerely, TRAUTWEIN BROTHERS Sam Kniss I authorize you to act as my agent on the above project. Signature �ix Date TRAUTWEIN BROS. SUBJECT: SmusTr4c..Z.- Gemral Enginecring ContracoTs JOE NOJ rs-c'XF-Tit� Newport lMv4L Newport beach. Calif. 92660 ----------------------------- 673. 9" 1 r;4 DATZ�42/ I CHKO. DATE ---- -t-4 $ego 2��r - 1 � z - 'M KI 4 4 A� U -n 71TI I 4 AFI A 10 n N 0 0 4 4 A� U -n 71TI I 4 AFI A 10 n "'A MS, G"A V PoFrr L CA Lf)r R,N I A, ;r. AN -all cel 0 S', 1-611�1h,=Zl vi t4 m 17 Vq Yell R1 .3z LZE P -/S e,-, /V ri I�jl w LU 4Q� z D .10 < 0 LL) 2 3: LLJ 0 -co 3� C\l C/) z 0 Z5 0 Q - LLI (D -0 0 CL G�l z 0 Q- C) CD Q) cl) <( o C Lij 13, -�X M 0 Cl- 0 V C-1 (D C) ut T3, U) C: co co f4l a- LL C, cli CF) CL < LL M LU W- 0 a. I- � ELL, LU z O:z IL Cl) uw s -i f%A z LL D Ln I�jl .10 < 0 -co (0 C\l 0 Z5 0 Q - Z (D -0 0 CL G�l z 0 Q- C) CD Q) cl) <( o Lij 13, -�X M 0 Cl- 0 V (D C) ut T3, U) C: co co f4l a- LL A