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Home My WebLink AboutM2009-0029STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 ARNOLD SCHWARZENEGGER, Govemor December 31, 2008 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION APPLICATION REJECTION Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Pier, Proposed Proposed Existing Proposed Additional Description Pier Platform, Float Gangway Piles Piles and Dock Dimensions and Pier Dimensions Proposed pier platforms uses five pilings. Typical pier platforms use I "T" pile (or 10'x 17' perhaps 2 at most). Proposed pier quantity of piling would result in platform excessive fill of coastal waters. plus Re -design project to minimize gangway 5 pier quantity of pilings; Proposed 10' lobe of support x 17' pier platform plus unspecified piles, 2 unspecified pier platform 44'x 5'single finger, 9' by dimensions; dock float gangway lobe will exceed 14'platform, 53'x 6' long L- plus 3' x 24' support maximum 170 square foot Riley, Mike 640 Via Lido Nord gangway shaped dock gangway piles allowance for pier platforms Re -deck 4' Application materials indicate the x 33' pier, project is located within 15 feet install 2 "T" of eelgrass beds. Special piles under Condition i.e.ii of the permit existing prohibits approval of such Double -U- 12'x12'pier projects under this permit; a shaped floats total of 20' platform, 3-12" and separate CDP application must 335-337 E. Bay U-shaped with deep and 36' new 3'x 24' 2-14" T be submitted for the project Uncapher/Zinzer Front side tie wide gangway; piles On-site pier platform already exceeds the maodmum 170 square foot pier platform allowance; retention of the existing platform and 36 square foot addition to that platform would exacerbate the non - 4'k 9' conformity; project needs to be addition to redesigned to reduce the size of existing 12' "T" pile the total pier platform area to 170 . x 17' pier supports square feet or less and minimize 10 foot wide, platform (to pier the number of piles supporting L48'long,7to single finger; 11 'X1 ' 2'xl 7' pier 58' long, 4 to 7 be retained) platform the pier platform (preferably to platform with foot wide, 3'x24' (to be 3-18" piles; one "T" pile) Brill, Gary 235 Via Lido Soud 1 "T" le single finger; an wa etained) 1- 12" pile i STA'TE OF CAILIFORNIA - NATURAL RESOURCES AGENgY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL CO MISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 April 20, 2009 (562) 590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subje�t: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION .Dear Mr. Miller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach: Applicant Site Address Existing Pier, Pier Platform, and Dock Dimensions Proposed Float Dimensions Proposed Gangway and Pier Existing Piles Proposed Piles Additional Description 2- "T" piles to support pier platform and one 17'x 9' pier 12" platform diameter 44'x 5'single with 4'x 4' pile to Eelgrass survey 3/18/09 (expires finger, 13' lobe;use support 7/16/09); Caulerpa survey lobe, 9'by 14' No Change to platform, Float or float- existing platform 3/18/09 (expires 6/16/09) Riley, Mike 640 Via Lido Nord gangway piles ciangway lobe Remove existing piles for dock float to be Existing 12' removed; x 17' pier install 3-18" platform (to diameter Existing 12'x be concrete 17'pier retained); for new supported by 3'x24' T -pile, dock float; Eelgrass survey 3/18/09 (expires T -pile; float is gangway others no new 7/16/09); Caulerpa survey 58' long, 4 to 58' long, 4 to 7 7 foot wide, foot wide, from piles not piles for 3118/09 (expires 6/16/09) Brill, Gary 235 Via Lido Nord single finger single finger bulkhead reported gangway 'Commission staff have reviewed the information submitted and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC - 031 -06 the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Caulerp2 taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the proposed dock projects listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2009 and that all authorized work must be completed prior to that date. Finally, please note there are ongoing obligations relative to water quality protection established in the authorization which must be implemented for the entire life of the approved development. 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 -031-06 and/or conform with the terms and conditions of Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 2 Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the City of Newport Beach. 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 -031-06 and/or CDP 5-06-117, is obtained. If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerely, Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROV41- 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 float, pile, and gangway. Install new float with 3-18" pile. New 3'X 24' gangway. Address number must be stenciled on at least I bayward facing pile. Pier conditions must be signed by applicant prior to final approval. ProDertv Address: 235 Via Lido Soud I Legal Description: lHarbor Permit Number: 173-235 IPlan Check Number: 2090-2008 1 jApplicant: Gary Brill ---i Applicant's Mailing Address: 235 Via Lido Soud, Newport Beach, CA 92663 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And -find '-i4-They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any 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 concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. F -i 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 harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources March 31, 2009 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions November 25, 2008 Property Address: 235 Via Lido Soud With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1 . The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6- The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its 10. The maximum beam of a vessel that is permitted to side tie to the northernmost side of the float is 8'. 11. The maximum beam of a vessel that is permitted to side tie to the southernmost side of the float is 20'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 CITY OF NEWPORT BEACH CITY OF NEWPORT BEA� WR51' BAY NEWPORT !A PIER P CIF -1c skim OCEAtVPIER WEST vicINIT MAP JEM ,VNpW OW, CA5T JUN 'E PROJECT Sil i - K-- K GANGWAY AND PILES. ��-MOVF EXIgfING DOC 'DOCK, GANGWAy AND jSTALL NEW FLOATING 5-18" SQ . CONCRETE PILES' 32 20 ,\ISTALWL W PRE (TW OF 3) - am awTo = li SCALE 1 '=30' E L E � LA -110 IN' �141) DENOTE DEPTHS -XPRF -ET 3E. OF TII)E SOUNDINGS ARE I- I' SSED IN FF "S"T'ABLISHED IN VEP, LOW WATER MAYIIAUAERE BELOW MEAN LOW HWBOF� LINES AR APRO)(IMATELY 10 FEEr' nils SE(MON 0 R I C OF NEWPO"TBEACH 4' S. pfo? HEAD _LIN-' ,,STAU Ngw Xx24' =cn, yy SID. 2,35 14A, Ljoo SOUD SITE P NEWORT pEAC14, CA SCALE I lied 013 ADDRES : 235 Vic Udo Saud DATE: 29 APR lemicals APpLICANT'S NAME: Gary Brill ENTAL NOT. E -S (IF NI shdl be NT'S SUPPLEM )r epoy-y APPLICA idafions, Or OF NEWPORT 8 -,r -_,-HCH CITY OF NEWPORT BERE T rTTI/ YICINITY MRP SOWMS ARE EXPRESSED IN FEET P�Lr, ELEVATIONS BASED ON MEAN LOkER LOH kP-ir'-R. f F7� 4,r A EEL GRASS INSPEMON El Eelgrass within 15'of project W3� e f e1w P to F7 0 E Igrass within 15 - 30'of projed Eelarass ig project area y A/e W Signature Inspection Date & Time k- 4 -Wtl A)e 7' 0, ly HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH 4f LLt ;!�.fl b k4wlv �11/ I PLM VIE* YTE v JOB RUZESS -35 Map Output Page 1 of 1 http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceNa... 10/14/2008 �vs�y=%00 November 26, 2008 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Dan Swenson 915 Wilshire Blvd. Los Angeles, CA 90017 CITY OF NEWPORT BEACH Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 HARBOR RESOURCES RE: Regional General Permit No. 54 — Dock Construction Application Submittals Enclosed is the recent monthly batch of dock construction applications for your approval, per the California Coastal Conunission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Pen -nit. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dock Construction Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included Brill- 235 Via Lido Soud Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/ CITY OF NEWPORT BEACH March 27, 2009 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 90802-4416 Army Corps of Engineers Attn: Dan Swenson 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 HARBOR RESOURCES RE: Regional General Permit No. 54 — Dock Construction Application Submittals Enclosed is the recent monthly batch of dock construction applications for your approval, per the Califorriia Coastal Comniission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water Quality Control Board General Certification Permit . All of these applications have been checked for accuracy and completeness as evidenced by the attached Dock Construction Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Re -submittal of two site addresses included Brill- 235 Via Lido Soud Riley- 640 Via Lido Nord Sincerely, Lisa Wafters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/ Walters, Lisa From: Stalder, Melanie A SPL [Melanie.A. Stal der@u sace. army. m ill Sent: Thursday, May 07, 2009 9:05 AM To: Walters, Lisa Subject: Brill Boat dock Hi Lisa, I received the changes to the boat dock plans for Gary Brill (Corps File 2009 -00091 -MAS). The original letter dated Jan 30, 2009 authorizing the construction is still valid since the only change to the project is a small reduction in square footage. Melanie Stalder Ecologist, Regulatory Project Manager U.S. Army Corps of Engineers 213-452-3294 1 Ipp 5r, VON IR M -NO "Ok " "M W1 og' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HARBOR RESOURCES DIVISION 829 Harbor Island Dn've Newport Beach, CA 92660 (949) 644-3044 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION CITY CHECKLIST Applicant Name: Project Site Address: Via. Wo &J M Applicant address, phone number Agent name, address, phone number (if applicable) Project site address Assessor's parcel number Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) Type of construction material used (concrete, wood, steel etc... Scaled drawings (plan view and cross sectional view) Site address Location within the Harbor Location and dimensions of existing dock structure Location and dimensions ofproposed dock structure Location and dimensions of existing dock structures on adjacent properties Location of Bulkhead, Pierhead and Project Lines Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3044 FX: (949) 723-0589 oWebsite: www.newport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 F%7 Eelgrass Survey Survey for presence of eelgrass within 30' of the entire project area El Yes U1 No Eelgrass within 15' of entire project area. Project not permifted. El If any eelgrass is located greater than 15' from the project area, then no further monitoring required. Caulerpa Survey M Survey for Caulerpa within 30' of the project area Project is over (check one box): X City Tidelands El County Tidelands (State Lands Corrunission Dredge Lease Approval) El If applicable, check one box: El The Irvine Company owner's approved area El Bay Island owner's approved area 0 Dover Shores owner's approved area El Linda Isle owner's approved area Completed Worksheet for Building lFire Permit,4pplication and proof'of payment of Building Department fees Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application AIC -City approved Approval 'in Concept HARBOR RESOURCES DIV ISION v. 12-14-06 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 ill -� V,' n 0 7 c� a ca DOCK CONSTRUCTION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 23, 2009 This Permit applies to residential dock construction projects only and includes pier, gangway, float andpile repair Ireplacement. Bulkhead work is not permitted under this Permit. IApplicant Name, Address, Phone Number: I Gary Brill 949631 3121 235 Via Lido Soud Newport Beach, CA Agent Name, Address, Phone Number (if applicable): Swift Slip Dock & Pier Builders Inc 949631 3121 2027 Placentia Avenue Costa Mesa CA, 92627 Project Site Address: Assessor's Parcel Number: 1235 Via Lido Soud 1 1423 14105 Project Site: Longitude: 1-117.92384 1 Latitude: 133.61452 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): we Existing float, pile & gangway If new float with three (3) 18" pile stall new 3'x 24. gangway Regional General Permit 54 Dock Construction Application Page. Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc ... ): Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. FX- Scaled drawings of the project (plan view and cross sectional view) FX- Site address FX- Location within the Harbor fX- Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) FX- Location and physical dimensions ofproposed dock structure (float, pier, gangway, pile and bulkhead) FX- Location and physical dimensions of existing dock structures on adjacent properties R Location of Bulkhead, Pierhead and Project Lines !R Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass jR Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than IS' from project area - No further eelgrass monitoring is required FR Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30'of the project area Project is over (check one box): W City Tidelands F County Tidelands (State Lands Commission Dredge Lease Approval) If applicable, check one box: The Irvine Company owner's approved area Bay Island owner's approved area F Dover Shores owner's approved area Linda Isle owner's approved area Regional General Penn it 54 Dock Construction Application Page 3 FX- Completed Worksheet for Building / Fire Permit Application and proof of payment of Building Department fees FR Check for $60 made payable to Santa Ana Regional Water Quality Control Board I (Applicant / Agent), hereby certify that the 1, 1. - Ne- I v" 7 information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps of Engineers Regional General Permit 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the I' Monday of every month. Applications submittedprior to this deadline are encouraged and appreciated. Date S7'ATES OV REPLY TO A=11MON OF: Office of the Chief Regulatory Division -1- DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 January 30, 2009 Gary Brill c/o Lisa Walters City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Brill: This is in reply to your application (File No. SPL -2009 -00091 -MAS) dated November 26, 2008, for a Department of the Army Permit to discharge fill onto waters of the U.S., in association with the Brill Boat Dock Replacement. The proposed work would take place in Newport Bay, in the city of Newport Beach, Orange County, California. 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: Maintenance Dredging, Beach Nourishment, and Dock Maintenance. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. Specifically, you are authorized to replace an existing 700 square foot boat dock with a new 680 foot boat dock (as shown on attached drawings) by: 1. Installing a new float with three 18" concrete piles; 2. Installing a new 4 foot x 9 foot gangway with one 12' -concrete piles; 3. Installing a new 3 foot x 24 foot gangway. -2- A general permit does not grant any property rights or 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. Attached to this verification that your project is authorized by RGP 54 is an approved jurisdictional determination (JD). If you are not in agreement with that approved JD, you can make an administrative appeal under 33 CFR 331. Thank you for participating in our regulatory program. If you have any questions, please contact Melanie Stalder at 213.452.3294 or via e-mail at Melanie.A.Stalder@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: hM2:/�2er2.nwl2.usace.qniiy.mil/survey.html. Sincerely, Daniel P. Swenson Senior Project Manager South Coast Branch Regulatory Division Enclosure Lfly OF:�INEWPORT BE.HCH CITY OF RUM UERCH M2 YMNITY MRP �C*W LAY, CR-IrWU % T DTY I WL i - r7'y SW60 RRE PRESSED FN FEET NCI ELEVATIONS BASED ON MEFE LQkER LOH &V r Wof-ff- New ;C-'A-A01W4-q We V,)l : 4 At/�/ -3 i �c 2 � ( 6-4--L� C) C) Ick- LJLl L -u LA - 10 Z3 fit [4'ae4 Lt, k' ��' t L ( r L +-P- i Mi, T I s 71' EEL GRASS INSPECTION 0 Eelgrass within 15'of project 0 Eelgrass within 15 - 30'of projeo No �919,rass inproject. area Signature' lnspec-ti-0-n-D-af-e-&-T-,Me � 6. e Ll 0 PLM V i E.V J OB MVRESS YTE OB RD APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): January 29,2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:SPL-2009-00091-MAS C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:Califomia County/parishiborough: Orange City�:Newport Beach Center coordinates of site (lat/long in degree decimal format): Lat. 33.61452'N' Long. -117.92384"Ny". Universal Transverse Mercator: Name of nearest waterbody: Pacific Ocean Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 18070204 'CR Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. EJ, Check if other sites (e.g., offsite mitigation sites, disposal sites, etc ... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: January 29, 20009 Field Determination. Date(s): SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There, ,navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Requireefl Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There M ,waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Require4 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 'Z TNWs, including territorial seas E], Wetlands adjacent to TNWs Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs El Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters E3 Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: acres. 71, rw M c. Limits (boundaries) of jurisdiction based on: 1, Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable): 3 FJ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section HIT. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.l.; otherwise, see Section IILB below. 1. TNW Identify TNW: Pacific Ocean. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacenf': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IFANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: WTI Drainage area: Tick Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: Fj Tributary flows directly into TNW. El Tributary flows through I tributaries before entering TNW. Project waters are 'PicMIs"I river miles from TNW. Project waters are Pick.L river miles from RPW. Project waters are Pick!LM, aerial (straight) miles from TNW. 3 aerial (straight) miles from RPW. Project waters are Project waters c�Tross e as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. ' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that Wj2lv): Tributary is: n Natural E] Artificial (man-made). Explain: E] Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: _h - Primary tributary substrate composition (check all that apply): n silts El Sands n Concrete n Cobbles El Gravel n Muck El Bedrock n Vegetation. Type/% cover: n Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffl�pool complexes. Explain: Tributary geometry: kkkER Tributary gradient (approximate average slope): % (c) Flow: W Tributary provides for: Estimate average number 0 0 events in review area/year:,fi J Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: Explain findings: El Dye (or other) test performed: Tributary has (check all that apply): F� Bed and banks EJ OHWM6 (check all indicators that apply): El clear, natural line impressed on the bank Fj the presence of litter and debris R changes in the character of soil Fj destruction of terrestrial vegetation F1 shelving F-1 the presence of wrack line El vegetation matted down, bent, or absent F-1 sediment sorting r_1 leaf litter disturbed or washed away F� scour F� sediment deposition El multiple observed or predicted flow events F1 water staining abrupt change in plant community E] other (list): 7 F� Discontinuous OHWM . Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): 'El High Tide Line indicated by: EJ Mean High Water Mark indicated by: [:1 oil or scum line along shore objects n survey to available datum; F1 fine shell or debris deposits (foreshore) E] physical markings; El physical markings/characteristics n vegetation lines/changes in vegetation types. El tidal gauges n other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, orwhere the OHWM has been removed by development or agricultural practices). Where there is a break in the 0HWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culviert), the agencies will look for indicators of flow above and below the break 7 Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): Riparian corridor. Characteristics (type, average width): Wetland fringe. Characteristics: Habitat for: M Federally Listed species. Explain findings: El Fish/spawn areas. Explain findings: M Other environmentally -sensitive species. Explain findings: E] Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: )��. Explain: Surface flow is: kAXW Characteristics: Subsurface flow: Explain findings: [I Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: El Direcily abutting E] Not directly abutting E] Discrete wetland hydrologic connection. Explain: El Ecological connection. Explain: El Separated by berm/barrier. Explain: (d) Proximity (Relationship) to Project wetlands are ' Pi ,— river miles from TNW. Project waters are aerial (straight) miles from TNW. Flow is from: J"Aft" J�.I" 4 Estimate approximate, location of wetland as within the jj�� floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): [:1 Riparian buffer. Characteristics (type, average width): E] Vegetation type/percent cover. Explain: E] Habitat for: 0 Federally Listed species. Explain findings: F� Fish/spawn areas. Explain findings: M Other environmentally -sensitive species. Explain findings: E] Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TN`Ws. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111.1): 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-R.PW flows. directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.1): 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section Ill.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS[WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: El TNWs: linear feet width (ft), Or, acres. 0 Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. 0, Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWs 8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. 'ED Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: El I Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. , El, Wetlands that'do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-R.PWs that flow directly or indirectly into TNWs. E] Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters. 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or El, Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" El which are or could be used by interstate or foreign travelers for recreational or other purposes. 0', from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. El which are or could be used for industrial purposes by industries in interstate commerce. El Interstate isolated waters. Explain: 'EJ Other factors. Explain: Identify water body and summarize rationale supporting determination: 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 ofthe Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Ef Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: El Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): E3 Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Q Lakes/ponds: acres. El Other non -wetland waters: acres. List type of aquatic resource: El Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: E[ Data sheets prepared/submitted by or on behalf of the applicant/consultant. Fj Office concurs with data sheets/delineation report. F� Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: F� USGS NHD data. F� USGS 8 and 12 digit RUC maps. E] U.S. Geological Survey map(s). Cite scale & quad name: E] USDA Natural Resources Conservation Service Soil Survey. Citation: El National wetlands inventory map(s). Cite name: E3 State/Local wetland inventory map(s): E] FEMA/FIRM maps: [I I 00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) E] Photographs: E] Aerial (Name & Date): or [3 Other (Name & Date): El Previous determination(s). File no. and date of response letter: E] Applicable/supporting case law: E] Applicable/supporting scientific literature: t3, Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: I 11/25/2008 10:54 9496313122 SWIFTSLIPDOCKPIER PAGE 01/01 Worksheet for dombio -Permit Appilication City of Newport Beach - Building Department Please print 3 copies r7guilding Grading F7,0rainage Elec 17 Mech F-. PIL[m. 1. Project Address (Not mailing address) Floor Suite No cvc ..... ............. . Tenant Narne(if Applicable)r\-), . ..... . ...... ... ..... ... .... . .. . . . ... .. .... ..... ..... z. uescription ot work F— to 11+k 3. - 1 6, .............. . I—- ............................... ........ ............. . ................ 11 ................... ....... ......... 111.11 ...... . ..................... Exist Hcju�z 3F i Demo House SF Add/Reconstruct House SF Exist G2r SF Derno Gwago SF F Add/Ruwhstruct Garage 5F TOTAY HOUSE SP Add Alter r7lDemo .......... I ........ ................. TOTAL 6ARAGE SF . . ............. Che(;k Appropriate Box for Awlicant 3. Owner's Name Last' V�)j ......... .. Owner's Addrees. .......... . .. ... .. . . ...................... Zip city state ............ ....... .. ....... .... ................... . ........ ............. F7 4. Architect/Designer's Name Last Architpnt)Oesigneft. Addr-ass .......................... ...................... ...... . ................... ........... . ............................ . . . I...., ............................... 1 State Zip city . I .. ....... ... . ..... - . F77 Engineer's Name Last ,W ..................... Engineer's Address .......... -Mp I state City f i Zip I ......................................................... .............. t�M Contractor's Name Last F .. .. ............. . ............... Contractor's Address ...... .... aty State Z11) 0Fr1W USC OMLY ENER(3Y F/C FEE $ NW4 GRADINGP/CFEE$ # Units (if Rp�idential) I Valuation $ 4 Stories Cu Yd Cut CU Yd Fill ..... . .... First -4- Fc— i ((T�� )wner's E-mail Addrj ----------- .... .... ..... .. ... ... .. ............ . .......... Telephonel .................. ....... ..... First Lic. No. .......... .......... ..................................... F Ar(;hlteGVDe$igner's E -Mail Address Telephone ....... . ................ . ......... �: First Lic. No- ............... :ngineer's E-mail Address . ........................ ........................ . .................... ........ ... . 4 .......... ............ ... .. . . . ..... TelephonerTo . ........................ .......... ............ "st F Lic. No. Roa� Class �antractors E-mail Address .......................................................... .. . . ..... . ..................... ... ........ ........ . ... . ............ ....... TPIPphone G-3 3) a PERMIT NO. PLAN CHECK NO, 2), 3� 2 TRACT NO. 907 -------------- COAIDOVAIt 85, 8s. 8,9 22 1 946 845 k 8�7 J TIT- 8�4 � -k/ 1,4 V14 6EMOA 41 A VI.., 00 TRACT NO. 907 -------------- COAIDOVAIt 85, 8s. 8,9 22 1 946 845 k 8�7 J TIT- 8�4 � -k/ 1,4 V14 6EMOA 41 00 1 Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state pen -nits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Required Information Site Name: 235 VIA LIDO SOUD (common reference) NEWPORT BEACH CA. [Survey ontact: TOM NELSON (949)910-2310 name, phone, e-mail) TOM N N EWPORT@YAHOO.COM ermit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: NEWPORT HARBOR (bay, estuary, lagoon, or harbor) Specific Location: 117.92384 (UTM, Lat./Long., datum, 33-61542 accuracy level, attach electronic survey area map if MAPS ATTACHED possible) Was Eelgrass Yes, Eelgrass was found at this site. Detected: XXXXXXX No, Eelgrass was not found at this site. Description of REMOVE EXISTING FLOAT PILE & GANGWAY Permitted Work: INSTALL NEW FLOAT W/ 3-18 PILE (describe briefly the work to AND NEW GANGWAY LOBE W/ 1-12 PILE be conducted at the site AND NEW 3 X 24 GANGWAY er t e permits identified liabove) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Depth range: * 0 FT TO APROX 11.5 FT AT TIME OF SURVEY OUT GOING TIDE VARIED BETWEEN +0.8 TO +0.6 tSubstrate 1� *SILT OVER SAND e: Temperature: 62' F Salinity: Dominant NONE flora: Dominant MUSSELS, BARNACLES, TUNICATES fauna: ON PIER AND BULKHEADS Exotic NONE species encountered: .1 Other site H NONE description notes: Description of Survey Survey date *MARCH 18 2009 Effort: and time (please describe the surveys period: 11: 15 AM. TO 12:30 P.M. conducted including type of survey (SCUBA, remote SCUBA SURVEY video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the ottorn actually viewed). Describe any limitations encountered during the survey efforts. Eelgrass Survey Reporting Form (version 1.0, 6/20/03) Horizontal 2.5 FT visibility in water: Survey type SCUBA SURVEY andmethods: SWAM TRANSECTS THROUGHOUT APE Survey *TOM NELSON 949-910-2310 personnel: Survey density: Survey NONE limitations: Other Information: (use this space to provide any additional information or SEE PAGE 4 FOR SURVEY AREA 5 WORK TO BE COMPLETED references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) U-F,NEWPO.RT BE -HCH 8p, Y T V!rINITY MHP rrvir I LC I -ffV N7 SWQI%"S RW EXPWSISED IN FEET P�Lf' DT�O- e m ove 4-1 W4� Y, ZLi A/e w ION 64 7,-0 0 i 64fqwA� Vi , , L--- t - PLAN' ViEW J03 RDMSS 0,33- DFE Caulerpa Survey Reporting Form Tlus form is required to be submitted for any surveys conducted for the invasive exotic alga Camleipa taxifoha that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Re gions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessar.-y to identify and control any potential impacts of the autfi-orized actions on the spread of Caulerpa. Siuveys required to be conducted for this species are su�ject to modification through publication of revisions to the Caule;pa sui-ve-y policy� It is inciunbentupon the authorized permittee to ensure that survey work- is folloxvirig the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, NZational Marine Fisheries Servict, (NO.A-k Fisheries), (56-2) 980-4043, or William Paznok-as, California Department of Fish & Game,, (858) 467-42 18). Report Date: MARCH 18 2009 Name of bay, estuary, newport harbor lagoon, or harbor: Specific Location Name.- 235 VIA LIDO SOUD (address or common NEWPORT BEACH CA. reference) Site Coordinates-. 117.92384 (UT -N11, Lat./Long., datum, 33.61542 accuracv level, and an electro�ic surv'ey area map or hard copy of the map must be included) Survey Contact: TOM NELSON (949)910-2310 (name, phone. e-mail) tomnnewportO-yahoo.com Personnel Conducting NONE Survey (if other than above): (name, . phone, e-mail) Permit, Reference: (ACOE Permit, No., RVVQC,B Older or Cert. No.) Is this the first or setond SECOND survey for this project? NV, as Cattlerpa Det d?: (if Caulerpa is found- please Yes, Caulerpa, was found at this site and immediately contact NOAA Fisheries or CDFG peisonnel identified above) has been contacted an date. xxxx No, Caulerpa was not found at this site. Description of Permitted REMOVE EXISTING FLOAT PILE & GANGWAY Work; INSTALL NEW FLOAT W/ 3-18 PILE (describe briefly the work- to AND NEW 4 X 9 GANGWAY LOBE W/1-12 PILE be conducted at the site under the pem-iits identifitd AND NEW 3 X 24 GANGWAY above) Description of Site: Depth ratme: 0 FT TO APROX 11.5 FT Substrare 4pe: SILT OVER SAND (describe, the physical and Tenperapire: 63' F biological conditions ikithin the survev area at the tune ot the surmy, and pro-videe insight into -vafiability, if lmo,.vm- Please, Dominantflora: NONE pro�vide units for all numerical information)- Donfinant.fauna: BARNACLES & MUSSELS ON PIER AND BULKHEADS Exotic species NONE encountered (including ai�y other Cauleipa Species): Other sire NONE description notes: Description of Survey Survqy date and 03/18/09 Effort: trime period.- 11-15 AM TO 12-30 PM Horizontal APROX 2.5FT ( please describe the suni-eys conducted including type of visibility in vvater: Survey i)jve and SCUBA DIVE SURVEY SWAM TRANSECTS survey (SCUBA, remot& video, etc.) and survey methods: THROUGHOUTAPE methods employed. date of work, and sin-vey density (estimated percentage of the bottom actually viewed). Surveypersonnel: TOM NELSON 949-910-2310 Describe any limitations encountered dwing the Survey efforts. Surve�y densit�y: 85% Surt,ey limimrions: NONE Other Information: SEE PAGE 3 FOR APROX. SURVEY AREA (use this space to provide additional information or references to attached maps, reports,, etc.) Caulerpa Survey Reporting Form (-,jersion 1-2, 10/31104) Microsoft TerraServer Imagery Page 1 of I A -jam= Horne I Advanced Find � Fan, ous Places 1 Web Services I Abott, Search TerraServer Via Lido Soud, Nevvp= Beacti, CA 92663-4655 (023 1 i Costa Mesa, Caffornia, United States 1-0/311-1995 street 1235 via lido soud Download E-mail Info I Print I Order Photo City Size AerW Photo Inewport beach OUT ?r state 1ca § 6 t am MM am am "-o A RM gum 14 1 Longitude Latitude 117.92384 IN Source=48422 Running Time 62.5C, nis Q 2005 Microsoft Corporation. I Terms of use I Privacy statement I Sponsored By MUSGS Server=TK2TERRAWEB23 http://terraserverusa.com/image.aspx?T=1&S=10&Z=l I&X=2071&Y=l 8598&W=l&qs... 10/14/20Q8 OFbNEWPORT BE.HCH oziv (CZ) t i -, viriNITy MRp I ;_U_ � — -.* v EPO cfw vy, cummm SO�KQMS ARE EXPRESSED IN FE-E"l' PICTI il&v ELEVATIONS BASED ON MEANI LOKI� LOW �47'-R. 1D 3�k �4 f /,e VV bne� - 3 �-' L4 -c� �v PLAN VIM /f I JOB Elms DATE (o S:TATE OF CALIFORNIA - TAE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 December 31, 2008 (562) 590-5071 Mr. Chris Miller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive' Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC -031-06 - DOCK CONSTRUCTION APPLICATION REJECTION D e a r M r. M i 1 19'07.�O Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the following sites in the City of Newport Beach. - Applicant Site Address Existing Pier, Proposed Proposed Existing Proposed Additional Description Pier Platform, Float Gangway Piles Piles and Dock Dimensions and Pier Dimensions Proposed pier platforms uses five pilings. Typical pier platforms use 1 "T" pile (or 10'x 17' perhaps 2 at most)- Proposed pier quantity of piling would result in platform excessive fill of coastal waters. plus Re -design project to minimize gangway 5 pier quantity of pilings; Proposed 10' lobe of support x 17'pier platform plus unspecified piles, 2 unspecified pier platform 44'x 5'single dimensions; dock float gangway lobe will exceed finger, 9' by 14'platform, 53'x 6'long L- Plus 3' x 24' support mw�imum 170 square foot Riley, Mike 640 Via Lido Nord— gangway shaped dock gangway piles allowance for pier platforms Re -deck 4' Application materials indicate the x 33' pier, project is located within 15 feet install 2 "T" of eelgrass beds. Special piles under Condition Le.ii of the permit existing prohibits approval of such Double -U- 12'xl 2' pier projects under this permit; a shaped floats total of 20' platform, 3-12" and separate CDP application must 335-337 E. Bay U-shaped with deep and 36' new 3'x 24' 2-14" T be submitted for the project Uncapher/Zinzer Front side tie wide gangway; piles On-site pier platform already exceeds the maximum 170 square foot pier platform allowance; retention of the existing platform and 36 square foot addition to that pl. atform Would exacerbate the non-' 4'x 9' conformity', project needs to be addition to redesigned to reduce the size of existing 12' "T" pile the total pier platform area - to 170 48' long, 7 to x 17' pier supports square feet or less and minimize 10 foot wide, platform (to pier the number of piles supporting single finger; 12'xl 7' pier 58' long, 4 to 7 be retained) platform the pier platform (preferably to 235 Via Lido Soud platform with 1 "T" pile foot wide, single finger; 3x24' gangway (to be retained) 3-18" piles; 1- 12" pile one "T" pile) Brill, Gary,.�,,: 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. Ge -neral Description of Proposed Development: Remove existing float, pile and gangway. Install new float with 3-18" pile. New 3X 24gangway. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. lPropertv Address: 235 Via Lido Soud I Legal Description: lHarbor Permit Number: 173-235 jPlan Check Number: 2090-2008 jApplicant: Gary Brill Applicant's Mailing Address: 235 Via Lido Soud, Newport Beach, CA 92663 Phone Number: �949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find X, They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, c That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). ci Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa-W-alfers, Harbor Resources November 25, 2008 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 C3 0- 'p Postage % ,711 ru Certified Fee Postmark r -=f Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee C-1 (Endorsement Required) C3 Total Postage & Fees rLj Is M Sent To C3 ---------------------------------------------------------------------- --------------------- ,-I Street, Apt No 'No." C3 or PO Box ---- ------ ------ C3 '-City,-Sate,-ZIP+4 ------------------------------------------- — ----------------------------- PS Form 3800, January 2001 See Reverse for Instructions 0 Complete items 1 � 2, and 3. Also complete item 4 if Restricted Delivery is desired. 0 Print Your name and address on the reverse so that we can return the card to you. 0 Attach this card to the back of the mailpiece, or on the front if space permits. 1 . Article Addressed to: A. Received by (Please print Clearly) Blffte "elivery :C. ign ure X X El Agent _ AW 0 Addressee D. is delivery addressNUfferent from item 1 ? FI yes if r delivery address below: El No 13.�elrviecreType C t ified,Mail 0 An, ail Registered ceiptfor merchandise M 2. Article Number 4. Restricted Delivery? (Extra Fee) Yes (Transfer from service labe 7001 0320 0001 2114 5160 PS rm 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 Certified Mail Pri6vides: N A mailing receipt R A unique identifier for your mailpiece 41"i,A signature upon delivery M A record of delivery kept 8y"the Postal Ser��C640r,two years Important Reminders. • Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified: , Mail. For valuables, please consider Insured or Registered Mail. • For an additional fee, a Retum, Receipt ma I be requested to provide proof of delivery; To obtain Return Receipt service, pUse complete and'attach a Return Receipt (PS Form 3811) to the article and addapplicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS Postmark on your Certified mail receipt is, required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery" ' • If a postmark on the Certified.Mail receipt is desired, please present the ar I ti- cle at the Post office for Postmarking. If a Postmark on the Certified Mail receipt is not needed, detach and affix iabel with postage and mail. IMPORTANT." Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Reverse) 102595-01-M-1049 UNITED STATES POSTAL SERVICE -7 First -Class Mail 'r ;Ce is Paid Postage & Fees USPS Permit No. G-10 Sender: Please print your name,,address, and ZIP+4 in this box City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 November 2, 2007 Mr. Rosenblum 235 Via Lido Soud Newport Beach, CA 92663 RE: Vessel Encroachment Pier at 235 Via Lido Soud Dear Mr. Rosenblum, A recent field inspection of your dock has revealed one berthed vessel is extending beyond the projection of the property line and into 233 Via Lido Soud. This is in violation of the Newport Beach Harbor Permit Policies which state: Moorings — A: "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with section 20-C." This letter will advise you that the encroaching vessel must be relocated within thirty (30) days from the date of this notice, otherwise an Administrative Citation may be issued and penalties will begin to accrue 100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. Please see the attached picture of the infraction. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. 1110-7 This letter was sent via regular first class mail and registered mail. Thank you, Lisa Walters Harbor Resources (949) 644-3004 xko�z CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 November 2, 2007 Mr. Rosenblum 235 Via Lido Soud Newport Beach, CA 92663 RE: Vessel Encroachment Pier at 235 Via Lido Soud Dear Mr. Rosenblum, A recent field inspection of your dock has revealed one berthed vessel is extending beyond the projection of the property line and into 233 Via Lido Soud. This is in violation of the Newport Beach Harbor Permit Policies which state: Moorings — A: "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with section 20-C." This letter will advise you that the encroaching vessel must be relocated within thirty (30) days from the date of this notice, otherwise an Administrative Citation may be issued and penalties will begin to accrue 100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. Please see the attached picture of the infraction. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. 1110-7 This letter was sent via regular first class mail and registered mail. Thank you, Lisa Walters Harbor Resources (949) 644-3004 xko�z 'A.�w W, INSPECTION FORM Harbor Resources Department Date: 1612.(o1,_,> 7 Inspection Requested By: Inspector: Don Duffy Pier Address: 23ro w a- U d 6 &iDuc� Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need F Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time Eelgrass Within 15'of Project F-] Eelgrass Within 15'- 30'of Project F] No Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action (.,�ncroachmenet Address of Complaining Party 2 3 c, L; kkn Boat Description CIF Number Location on Dock Comments / Observations 2L.1 -M 0\1 tic pmpect��, Other Request 6A0 rba-6 Corn ve z 40,114 D I __ 9,24-0.419t3 Map Output Page 1 of I http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 10/26/2007 VIA LIDO SOUD N 26'35'03"W 33.11' 34.9EY 41.9T ---------- ------- 7 - - — - — - — - — - — - — - — - cli OF Ln S26*35'03"E 35.00' C4 w 17.00, 18.09 Fm am 233 VialLido Soud U) cm 0 r- r - Lu C.) C) R z cl C4 17.00' 16.0v C) LU N26'35-OWW 35.00 - to\ %LES 0 L U Lu E 9! !2 Lu 16,9z 0 rX 031 /7 '00's 1-, 00. 10:3T .1 ----- ---- ----- --- 09"6 c:! WM '00.1 q) ID 79 D OF ID ID Im CL C) r- 16 !Zl 03 cl) -00.9� 0) (D :—! io I If 5.43' .09*6 Lu na 04 CD 0 ca w ED r CL Ix 0 U. I Wq- C, ca C,4 0 C) I: J- c r) Q tZ 0 0 uj Z) CV) C. 4 U.'i 0" AD X Im 5.00, Ul co C) �u z 17.00' 1 18.00, N26'35'DWW 36.00' CL v C4 16:9Z 21.00, Ws 15.04' ri) .09'6 ID CL 0 A CL 2 0- 10:3T lb CL C-4 tm �WL 1 .9 co g x a VIA LIDO SOUD 0 0 CD W N 26'35'03"W m CM 21 - - — - — - — - — - — - — - 34.W -- - — - — - — - — - 04 21 5AV .09,6 S26'35'03"E 35.00' c%l 10 17.00, 18.00, c 233 Via Lido Squd I C11 c Lu Ix 0 U. I Wq- C, ca C,4 0 C) I: J- c r) Q tZ 0 0 uj Z) CV) C. 4 U.'i 0" AD X Im 5.00, Ul co C) �u z 17.00' 1 18.00, N26'35'DWW 36.00' CL v C4 16:9Z 21.00, Ws 15.04' ri) .09'6 ID CL 0 A CL 2 0- 10:3T C -i ;g z 16 (D Z4 to 00) ((*D CM 0) 0 W 0 Cl) (D lb CL C-4 tm �WL 1 .9 co g x a 10, 0 0 CD W m CM 21 CD 0 21 5AV .09,6 C -i ;g z 16 (D Z4 to 00) ((*D CM 0) 0 W 0 Cl) (D Cruisers 540 Express Motoryachts Houston Cruisers yachts 455 Express motoryacht new ... Page 2 of 10 opening sunroof is standard. Through the sliding cabin door lies the bright, airy interior of the f Express, aglow with the warmth of cherry wood and exquisite detaili These luxurious belowdeck accommodations truly put this yacht in a class her own. Owners have a choice of interior layouts: a three -stateroom layou two -stateroom layout with additional living space and a two -stateroom lay, with separate office space. The two -stateroom layout features a forw, stateroom with large island berth and a deluxe amidships master stateroc which boasts a large island berth and a walk-in, cedar -lined closet. TV/DI units are available for both staterooms. The three -stateroom layout include third cabin with twin berths; owners may also opt to use this third cabin as onboard office. Additionally, a washer/dryer unit is available in any of configurations. The 540 features a full-service galley, equipped with a lai refrigerator/freezer with icemaker, a double sink, an electric three -bur stove, a microwave/convection oven with exhaust fan and a coffee maker. dishwasher is also available. To starboard, the 540 provides a large, cresce shaped dinette with a unique electric -lift dinette table that stows under - floor and raises automatically for use. Forward of the galley to port, she a offers bar -style seating for informal dining. This wonderfully appointed ya includes a 27 -inch flat -tube television and a Dolby Digital Theatre syst, with five -CD changer. Both head compartments offer full standing headro, and separate showering areas; the forward head, to port forward of the gall offers secondary access from the forward stateroom. The aft head, located starboard aft of the dinette, serves as the master head, with private access. LO.A. 'Rith Extended Swim Flatfurni =V C"t 1 17.7 n) Beam 16'0" 4.9 rn Bridqe Clearance '01th Hardtop 13 71' 4.1 ir, Cabin fleadvnon, 2.0 lit Draft 12.0 cm Heig1ht--Keei to Hardt*p 16 7" 5.0 n) Height --Keel to Vfindshielld Top 13' 9" 4.2 m Fuel Capacity 'Gatbas.-'Liters) 6 50 2.457 Waste Holding Capacity (Gaik us too 37-1 Veatt, r %-ste r.1 C apadt%� (Ga [to n s 'L ite r�" 50 C;6 V&'eilht 'Ibs.,kq roximatc- k .1 , ), Apr 4,'_ 0 -3 0 20J-30 http://www.shipandsail.com/2004—cruisers-540—express—motoryachts.httnl nn12007 HOLMIES MARINE SPECIALTIES 1-800-501-0607 WWW.HOLMESMS.COM 1. Start by laying the bumpers out to the desired spacing. 2- For mounting on the face of the dock it is not necessary to remove the vinyl edging before mounting the bumpers, It's your option. Place the bumper in the desired po� I place a #10 screw with a finish waE in the center of the upper lip of thi work towards the -ends, spacing them approx. 5" apart. 4. Repeat the process for the bottom side. 1. Start by laying the bumpers out to the desired spacing. 2. For this type of mounting format it is necessary to remove the vinyl edging before mounting th, 3. Place the bumper in the desired po the upper lip over the top of the d 4. Start with a #10 screw and finish at the center of the bumper. Work towards the ends placing them approx. 5" apart. Bend the bumper over into- position and repeat the process for the bottom side. uj lc� LU -�::E 0 I N 4J 75, n w co vi I�j z M., %A w cl 4E April 7, 2008 Mariners Escrow Corp. Fax: 949.729.0190 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: HARBOR PERMIT TRANSFER Pier Permit # 173-235 Escrow# 33709 -DJ 235 Via Lido Soud The Harbor Resources division has received the completed & signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name. Thank you for your help. For further assistance in this matter, please contact me at 949.644.3044. Sincerely, C�sa WaLters Harbor Resources Division 3,11 HARBOR PERMIT 6 -Aff, �H.K!,�O'. TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 . . . . . . . . . . . -644-3044 949 **Date of Applicaton: (,e lc>?' PermitNumber: "Property Address: TA UAI o -c;:V o�X-7 "Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures: "Seller's Names: -J?yf� Seller's Signatures: I Joint Owner Signature: "Escrow Company: Mariners Escrow Corp. _Phone# 949-721-6485 "Address 1100 Newport Center Drive #200, Newport Beach, CA 92660 **EscrowNumber: 33-701--V-7� **Fax#:949-729-0190 Closing Date (Estimate): *STARRED ITEMS -MUST BE COMPLETE TO -BEGIN THE PROCESS. InspectionDate: S1009�" Reinspeotion Date: FeePa1&"-W-0b, QeckNo: -- .24S -5 86S Application Complete:. C:�� (�-� J�� - 477 Lo S' Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. H -ARB OR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: Permit Number: - — "Property Address: -,;;Vu6—C **Buyer'sNames: PY-N anA `4VI- ISYifl Billing Address: Telephone No.: Buyer's Signatures: "Seller's Nan Seller's Signaft Joint Owner Signa - "Escrow Company: Mariners Escrow Corp. Phone# 949-721-6485 **Address1100 Newport Center Drive #200, Newport Beach, CA 92660 "Escrow Number: --V -'�- **FaX #: 949-729-0190.. Closing Date (Estimate): 0 � *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. I ----------- --------------- Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. -H -A -RB OR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: Permit Number: "Property Address: '1�5?VVA WO =- I �bA- qcs-14��-- "Buyer's Names: rz�A. -Vu kzi it owd �,Cw� E>([ I I I � Billing Address: Telephone No.: Buyer's Signatures: "Seller's Names: Seller's Signatures: Joint Owner Signature: PO& "Escrow Company: Mariners Escrow Corp. Phone# 949-721-6485 "Address 1100 Newport %"enter Drive #200, Newport Beach, CA 92660 **EscrowNumber: 3 31 V1 _**Fax#: 9 49-7 29-019 0.. Closing Date (Estimate): *STARRED ITEMS MUST BE COMPLETE TO -BEGIN THE PROCESS.- -- m Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. MARINERS ESCROW 1100 NEWPORT CENTER DR. SUITE 200 NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F 949.721.8157 WWW.MARINERSESCROW-COM City of Newport Beach Attn: Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92659 Re: 235 Via Lido Soud, Newport Beach, CA 92663 In connection with the above referenced escrow, we enclose the following: Original signed Transfer Application. If you have any questions or need anything ftn-ther, please do not hesitate to call. Sincerely, Corporation Date: April 1, 2008 Escrow No.: 33709 -DJ Your Re: March 11, 2008 Mariners Escrow Corp. Fax# 949-729-0190 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: Pier Permit # 173-235 235 Via Lido Soud Escrow # 33709 -DJ Dear Mariners Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call. Sincerely, 4,!�ea AlAme Lisa Walters Harbor Resources Division INSPECTION FORM Harbor Resources Department Date: _-40 JOB Inspection Requested By: (a - Inspector: Don Duffy Pier Address: V� a— Pier Transfer Reinspection GFI Present Yes �,_Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time Eelgrass Within 15'of Project Eelgrass Within 15'- 30'of Project No Eelgrass in Project Area Pump Out Pier Location Yes No Operational I I I Recommended Action Encroachmenet Address of Complaining Party Boat Description CIF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com.esn.esnmap.Esrimap?ServiceName=n... 03/10/2008 L He '. 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. eneral IProperty Address: - 235 Via Lido Soud I Legal Description: lHarbor Permit Number: 173-235 Applicant: Jerry Rosenblum Applicant's Mailing Address: 235 Via Lido Soud, Newport Beach, CA 92663 Phone Number: 949-723-6745 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 1 -1 The a e . n . eral u - se . s and i it e r i sity-ol use proposed for each part of the area covered in the application. Page 1 ol'2 And find ,<They comply with the current adopted Newport Beach General Plan, Zoning / Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, E:i That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the 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 guidelines adopted thereunder, -this development: 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 rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager Harbor Resources Department Signature: Print Name Title: Chris Miller, Harbor Resources Supervisor Date: April 8, 2003 Attachments: Worksheet for Building Permit Application Drawings Page 2 of 2 CITY OF BEACH GAP 1/2u 24'-0" MIIN MIN 7�T PROPC SED BU EL +12.00' It"o LWA BE EAXr ....... ..... .... SAMDE DMW .......... ...... . ....... .............. fill BALBOA ... ISLE ................... ISLAKO .... ....... .... . ...... DREDGE ...... . .......... PROPOSED ........................... ELEV TIEBACK AN . .. ........ VARIES DEADMAN .......... PROPERTY LINE I ............... .... I . * . * .... ...... ............. ................................................... .......... . . .................................................... ........ :Iff T ......... . .............. TYPICAL BILLKHEAD SECTION N, ................................................................. ................................ vicam MAP N.T.& Ph, SOUNDINGS ARE EXPECTED IN FEET mom AND DENOTE ELEVATIONS BASED ON NEWPORT BAY, CALIFORNIA MEAN LOWER LOW WATER - v v I PROPERTY LINE PROPERTY LINE PROPOSED STRUCTURE LOT M NEW CONTINUOUS CRIETE DEAMAN JA - 4C, BLEIG F 10 TYP Fir S'3 F -1 x z I —4 - OF L. J L — J NEW THREADED ME ROD TYP 1( -2r -31Y -w w- (vurv) REPLACEMENT SEA.WALL PROPERTY LINE ,32'-Ou (VERIFY) PLM V" N.T.S. MKJQANM��: -MR. JER-Y ROSENBLUM--Jj7QT�� BLOCK M— CONTRACTOR :SHELLMAKER INC. DATE JOB ADDRESS :235 VIA LJDO SOUD 875 B WEST 15th STREET� 07/22/02 NEWPORT BEACH, CA 92553 NEWPORT BEACH, CA 92563 �-,1,ATE_,')F,CAL1FORN1A- THE RESOURCES AGENCY GPAY DAVIS, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page I of 4 200 Oceandate, Suite 1000 3 Long Beach, CA 90802-4302 Date: October 29, 200 (562) 590-5071 Permit No: 5-02-426 COASTAL DEVELOPMENT PERMIT On September 11, 2003, the California Coastal Commission granted to Cheryl & Jerry Rosenblum Coastal Development Permit 5-02-426, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an existing single-family residence and construction of a new bayfronting 3,028 square foot two-story single-family r residence with an attached 530 squarefoot two -car garage. In addition, anexisting bulkhead * /seawall will be demolished and a new seawall will be constructed in the same location. There will be 320 cubic yards of grading for recompaction purposes. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at: 235 Via Lido Soud, Newport Beach. Issued on behalf of the California Coastal Commission on Octot4er 29,2003. PETER DOUGLAS yr Executive Director �ff e- Co tal P b�gram ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in -pertinent part, that: "A public entity is not liablefor injury caused by the issuance ... of any permit. applies, to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). U 3 Date '4��gnature of Per�i�iftee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-02-426 Page 2 of 4 STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years m the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation., Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions ofthe 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: 1. 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 interl:idal zone. D. If turbid conditions aregenerated during construction a silt curtain will be utilized to control turbidity. 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. 2. COASTAL DEVELOPMENT PERMIT No. 5-02-426 Page 3 of 4 Drainage and Run -Off Control Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit, for review and approval of the Executive Director, a drainage and runoff control plan showing,roof drainage and runoff from all impervious areas directed to dry wells or vegetated/landscaped areas. Vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants which are non-invasive. B. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no .amendment isrequired. 3. Pre -Construction Eelarass 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 applicants 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 t1iis permit from the Coastal Commission or a new coastal development permit. Post Construction Eelgrass; Survey. If any eelgrass is identified in the project area by the. survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicants 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 applicants shall submit the post - construction eelgrass survey for the review and approval of the Executive COASTAL DEVELOPMENT PERMIT No. 5-02-426 Page 4 of 4 Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicants sh * all 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 1.21 (mitigation: impact). The exceptions to the required 121 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amen I dment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 4. Pre -construction Caulerpa Taxitolia 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 "projectn), the applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive 11 alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall r be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine FisheNes Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the�s'urvey: (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 taxifolia is found within the project or buffer areas, the app!icants shall not proceed with the project until 1) the applicants provide 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 Actor 2) the applicants have revised -the project to avoid any contact with C. taxifbfi6. 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. Document2 Printed on October 29, 2003 fsAm (G/Permit 2002) Rosenblum) Permits Output Page I of I Please -Me-mail all technical problems and errors. Building Department Online Services - - - - - - - ... Building Department Information: (949) 6"-3276 - inspection Line: (949) 644-3256 P1 heck Sub. ittal Information Plan Check Num er 2422-2003 S tu tatu Description -,-R lMV&REP_—LSF,-AWALL "o. 235 1 � Name VIA LIDO SOUD Street Dir pplied 12 -Sep -03 Approved --------- Expired 1 0 -Mar -04 Plan Check Target Date 1 O -Oct -03 Plan Checked By Plan Check History Date Department Action Entered by 09/16/2003 BUILDING Approved DG 09/12/2003 BUILDING Plan Check Pending DG 09/12/2003 HARBOR Plan Check Pending RESOURCES The above plan review status reflect the last 10 activities of the relevant department when entered in the system. For further information or status inquiries please contact the individual departments. Building (949) 644-3288 Plannning (949) 644-3236 Public Works (949) 644-3311 Fire (949) 644-3106 MIN -111 �§Mffl,,, M III http://www2.city.newport-beach.ca.us/pennitsIV200plan-ck.asp 9/16/03 a. Application No. 5-02-426 (Rosenblum, Newport Beach) Application of Cheryl Jerry Rosenblum to demolish single-family home & seawall, and construct bay front 3,028 sq.ft. 2 -story single-family home, attached 530 sq.ft. garage, and new seawall in location of previous wall, with 320 cu.yds. of grading, at 235 Via Lido Soud, Newport Beach, Orange County. (FIS -LB) [APPROVED WITH CONDMONS] -JAI EPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS EPA' S ANGELI P.O. BOX S32711 LOS ANGELES, CALIFORNIA 9M3-2325 May 23,2003 REPLY TO ATTENTION OF -- Office of the Chief Regulatory Branch Jerry & Cheryl Rosenblum c/o Shellmaker, Inc. Attention: Lisa Miller 2035F Placentia Avenue Costa Mesa Califorr-da 92627 Dear Mr. & Mrs. Rosenblum: Reference is made to your request of April 17, 2003 (File No. 200300989-SJH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to replace an existing 32 -foot by 1.10 foot bulkhead bayward of 235 Via Lido Soud, in Newport Bay, in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program - Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch PERMITTEE DATE j L)VV- N §'�`&- ci, ,e,%, California Regional Water Quality Control Board 9 *. Santa Ana Region Internet Address: http://www.swreb.ca.gov/rwqcb8 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (909) 782-4130 - FAX (909) 781-6288 Winston H. Ilickox Secretaryfor Environmental Protection The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list ofsimple ways you can reduce demand and cut your energy costs, see our website at www.s-wreb.ca.govlrwqcb8. June 18, 2003 Jerry and Cheryl Rosenblum 235 Via Lido Soud Newport Beach, CA 92663 Gray Davis Governor CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION: ROSENBLUM RESIDENCE BULKHEAD PROJECT, CITY OF NEWPORT BEACH, ORANGE COUNTY (OUR FILE NUMBER 30-2003-15-DGW) Dear Mr. and Mrs. Rosenblum: On April 10, 2003, we received your application for water quality standards certification pursuant to the Clean Water Act, Section 401 (application) for the above referenced project. Included with the application were the following: A copy of an application for a United States Army Corps of Engineers (ACOE) Section 10, Letter of Permission (Rivers and Harbors Act) for the project; 2) Documentation that the project had been determined to be ministerial or categorically exempt from the requirements of the California Environmental Quality Act; 3) Documentation that an application had been filed with the California Coastal Commission for the project; 4) The results of a study, using the National Marine Fisheries Service Caulerpa Survey and Control Protocol), that showed that no Caulerpa taxifolia (an extremely invasive algae introduced from the Mediterranean Sea) was present in the area of the project. In addition, the study showed that no eelgrass (Zostera marina) was found growing at or near the project site. 5) $1,000 intended as the filing fee for review of 401 Certification. On June 12, 2003 we received $1,250.00 to complete the filing fee required for review of 401 Certification application for projects with impacts of one acre or less (23 CCR 2200 (1) (C). This letter responds to your request for certification that the proposed project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995): California Environmental Protection Agency Recycled Paper Jerry and Cheryl Rosenblum 235 Via Soud Newport Beach, CA 92663 -2- June 18, 2003 1 Project description: Removal and reconstruction of a bulkhead in Newport Bay in conjunction with construction of a single residential unit at 235 Via Lido Soud, City of Newport Beach, California. 2. Receiving water: Newport Bay 3. Fill area: 32 linear feet of coastline will be impacted. However, no net change in fill area would occur. 4. Dredge volume: N/A 5. Federal permit: US Army Corps of Engineers Section 10, Letter of Permission (Rivers and Harbors Act) 6. Mitigation: Mitigation for impacts to water quality standards will be the following: all work will be done in accordance with the City of Newport Beach Regional General Permit 54; no vessel waste will be discharged at this location; and the best management practices identified in the Coastal Resources Management Report (pages 4 and 5) will be followed. No offsite mitigation is proposed. This 401 Certification is contingent upon the execution of the following conditions: 1. To the maximum extent practicable, the project must limit turbidity and the dispersion of suspended solids and other pollutants that could affect water quality standards of the receiving waters. 2. There shall be no discharge of wastes, including construction- related refuse, to waters of State or of the United States. 3. Non-stormwater discharges from the project site to Newport Bay are prohibited. 4. The following Best Management Practices, described on pages 4 and 5 of the Coastal Resources Management Report, February 26, 2003, shall be implemented. These are: • debris and silt curtains should be deployed around the perimeter of the project area to minimize the spread of debris and turbid waters in Newport Bay. • all debris and trash shall be disposed in suitable trash containers on land at the end of each construction day. • the discharge of any hazardous material into Newport Bay is prohibited. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality standards certification actions: California Environmental Protection Agency RecycledPaper Jerry and Cheryl Rosenblum 235 Via Soud Newport Beach, CA 92663 -3- June 18, 2003 (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant. Although we anticipate no further regulatory involvement, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401 (d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the SARWQCB may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the SARWQC13 deems appropriate. The burden, including costs, of the reports shall be reasonable in relation to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the SARWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. This letter constitutes a technically conditioned water quality standards certification. Pursuant to California Code of Regulations Section 3857, we will take no further action on your application. Please notify our office five (5) days before construction begins on this project. California Environmental Protection Agency %#S)l ,,I Recycled Paper Jerry and Cheryl Rosenblum 235 Via Soud Newport Beach, CA 92663 IN June 19, 2003 Should there be any questions, please contact David Woelfel at (909) 782-7960, or Mark Adelson at (909) 782-3234. Sincerely, GERARD J. THIBEAULT Executive Officer cc U. S. Environmental Protection Agency, Supervisor of the Wetlands Regulatory Office – Tim Vendlinski (WTR-8) U. S. Army Corps of Engineers, Los Angeles Office – Stephanie Hall State Water Resources Control Board, OCC – Jorge Leon California Coastal Commission—Meg Vaughn State Water Resources Control Board, DWQ-Water Quality Certification Unit – Oscar Balaguer, Chief California Department of Fish and Game Office – San Diego Off ice Shellmaker Inc. – Lisa Miller City of Newport Beach – Tom Rossmiller California Environmental Protection Agency RecycledPaper HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: �1123101 — Permit Number:. RP Property Address: ./ ,,2 Buyer's Names: Billing Address: c�-35- LL -Do P�e,,d, CA 3 Telephone No.:(qq,�) 7 3- 4V 7,4 q) Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: Escrow Company: &1WIA10Z5 ZSefz, Escrow Number: 1-7 Fax #: Inspection Date: Fee Amount: Date Paid: Application Approved: �z,9) -7Z- .1 Reinspection Date'. Check Number: 5�d"" Harbor Resources Signatureffiate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. PO C"ITY OF NEWPORT BEACH PO. BOX 1768, NEWPORT BEACH, CA 92658,8915 April 19,2001' J/ st Mr. Jerry Rosenblum 235 Via Lido Soud Newport Beach, CA 92663 Re: Pier Permit RP 173-235 Dear Mr. Rosenblum: The Cityof Newport Beach Pier Permit for the pier and dock at 235 Via Lido Soud, Newport Beach is in the name of Arnold Feverstein. In checking the City/County records it appears that you receive correspondence and bills for this property. Are you the current owner? If yes, it is very important that you contact this office as soon as possible (949-644-3044). If you are not, please assist us in locating the property owner by providing us with the their name and current mailing address. At the time a bay front property changes ownership, the City of Newport Beach Municipal Code requires a transfers of the harbor permit from the seller to the buyer. This process should be completed within 30 days from the close of escrow. Sometimes the seller and/or the buyer are unaware of this requirement. However once notified, compliance is required within a reasonable time to avoid an administrative citation and or penalties to the normal transfer fee. Failure to transfer within 30 days -of notffication will result in an additional charge of $70.00 per month. Your assistance in this matter will be greatly appreciated. Sincerely, p Wes Armand, Harbor Ins ec or Harbor Resources Division 3-33,00 !�Jlewport Boulevazd, 'INTIewport Beach DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 04/26/01 BUSINESS NUMBER RP17302351 TOTAL DUE 0.00 BUSINESS NAME FEUERSTEIN, ARNOLD D SERVICE ADDRESS 235 VIA LIDO SOUD APT ZIP BILLING ADDRESS C/O JERRY ROSENBLUM CYCLE A TAX Y PENALTY N 235 VIA LIDO SOUD PROPERTY ID NEWPORT BEACH, CA UNAPPLIED CREDIT 0.00 92663 EXPIRES 01/18/2001 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID RES RES PIER 2001-01 01/18/01 78.00 78.00 01/29/01 RES RES PIER 2000-02 02/03/00 75.00 75.00 02/23/00 RES RES PIER 1999-02 02/09/99 75.00 75.00 02/22/99 RES RES PIER 1998-02 02/03/98 75.00 75.00 02/19/98 RES RES PIER 1997-02 02/05/97 75.00 75.00 03/18/97 PRESS ESCAPE FOR NEXT SCREEN ---------------------------- Met-roScan / 0 -range Owner :Community Foundation 0, -The Jewish Site :2�5-Via Lido Soud Newport Beach 92663 Mail :250 Baker St E 4A Costa Mesa Ca 92626 Use :122 Res,Single Family Residential Bedrm:4 Bath:3.00 TotRm:7 YB:1952 Pool:No ------------------------ Parce.=-- :423 141 05 Xfered :09/11/98 Price Phone BldgSF:2,320 Ac:.07 6j V4 ("�j The Information Provided Is Deemed Reliable, But Is Not Guaranteed. DISPLAY BUSINESS RECORDS: DISPLAY EXIT DISPLAY BUSINESS RECORDS --------------------------------------------------------------------- 06/17/99 BUSINESS NUMBER RP17302351 TOTAL DUE 0.00 BUSINESS NAME FEUERSTEIN, ARNOLD D SERVICE ADDRESS 235 VIA LIDO SOUD APT NEWPORT BEACH, CA ZIP 92663 BILLING ADDRESS 2293 W BALL RD CYCLE A TAX Y PENALTY N PROPERTY ID ANAHEIM, CA UNAPPLIED CREDIT 0.00 92804 SERVICE TITLE BILL REF DATE BILLED PAID DATE PAID RES 1999-02 02/09/99 75.00 75.00 02/22/99 RES 1998-02 02/03/98 75.00 75.00 02/19/98 RES 1997-02 02/05/97 75.00 75.00 03/18/97 RES 1996-02 02/01/96 75.00 75.00 02/23/96 RES 1995-02 02/13/95 70.00 70.00 02/21/95 PRESS ESCAPE FOR NEXT SCREEN riAmoum r'r_r1v1W11 I jRrf-UUA I JUN (Please print all inTormation) hu W T Applicant (Property Owner) Address Telephone 7SC)LO 7 3 - ;Z -3 2. Project Address (Street Address) rmit Number 3. New Construction Revision Maintenance Dredging -ri . - 4. Fee,,? 35-J, Check No. 190?5-5— Date 5. Brief Description of Proposed Work: Naffo'-J e_,)(/s*!4 _Llo a�q ec' fo 6 wtalf- 5,/ 6. Submit 8 1/2" x 11 " Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4)� Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of.b.ulkh.eads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. I 1).Drawing size shall be 8 - 1/2" x I I". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be com e d (on re rse side of this sheet) 8. Applicant's/Agent's Signature: 7 Date: F Joint Permittee Signature (if applic�ble): Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your perm it will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) V__Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date Date Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Proft!ssions 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 penalty for not more than five hundred dollars ($500). 1, as owner of the property, or my employees with wages as their 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 through his own employees, -provided that such improvements are not intended or offered for sale. If,, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such. projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Sianature: Date: Contractor P Telephone: Address:. License class: --State Board No. -S 0-,9,0 93 __jCity License No. 1702 6S S License Contractor's Declaration with Section I hereby affirm that I am licensed under provisions of Chapter 9 (commencing d 7000) of Division 3 of the B ess and PrQfessions Code, and my license is in full force an effect. Date: Contractor's Signature I 29 4' ac-r4LZ VIA L IDO A P^ VICINITY SKETCM i5A'e CALIF4:PPtN#A tr R77TTZ 914W)o "047W7 jeoovw- jeobv WOAR-. /0 AW.O. //cpv-,*w- 4rw A0,*WVa--o Aay. cpiqcl� lGloqi- - p me- 1�7 0 UO /2,x 18' --3_- �2 / - F6 IIZ tb A 'o L2 I 80 5-41--A it V-- News Release retephone No.: 714- tA4-311.1 P L 0— 644-3110 ments Lifepard personnel have this last week. The heaviest the area from 44th StTeet to the ! River Jetties, and also from the al to pick up small amounts on ! well the need to clean up after ishore and they are to be testing ;argo ships that have docked or 'hould it be found a ship was prosecute the offender. �ar, mineral oil works very well, their station for immediate use ad his crews doing a great job �is nuisance at a minimum. By nairting quantities on the beach. each, California 926,5M915 F � KACH R M I T ED TO CONSTRUCT AND �N THE REVERSE HEREOF, TO THE PROVISIONS OF IF NEWPORT BEACH AND D HEREON. THIS PERMIT 'HE WRITTEN CONSENT -OF I OR CITY COUNCI�0�. MI, 'IT ARE P ISSI NLY ZD By, H CI Ourmv )F HNIZAL CODE. DATE lzu� ";-" .00 -V Wso' / 7 3 - R 3,�: I 0 11, ,ov Ian of" Z J17VICINITY SKETCH N4L--Irr MAY, CAL-l"KNIA ,souncio7qs arw or orawt cr.7c/ owmow 0*40y"S bW�� "Pall ZOPASW- dOW Wa#40-. Af42'Jrf*FlWOP ,o,,gwvyw ajo Alair dw4—*jr.,—or*/y /a growt. Akaroar boom OP W *6AW*A'!WAWdf A�F tAP4 �WWCAjW7 &0 A*Woa,-3f Oay. ,j1A D. 0 j, -7 t� 0 T ccl t A, I z Li (::R L z t'; To f 7W VICINITY SKF_TCH owe is"y NiEvvponr aAV, CALIFORNIA I Ws""d4LW, FALK oxoare"Ool 0;7 cw7ce CF6070ow "VCN7 ear~ 4eaw, Wcryoio-. AfcpxiAw 3w 4TO hP tAM'& 0,0�—ffifflv Ady, cyli 150MC. VIA L IDO 12-x 18' 1 01- I 7, Fl- oA-r Xe i,),o�-7` e;q y ZT;u pERMIMON IS MM98Y GRANTED TO CONSTRUCT AND MAINTAIN THE FACHM SHOWN ON THE REVERSE HEREOF, AT THE SIM INIMATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERNT POLICIES OF NEWPORT BEACH AND AW SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUTTHE WRITTEN CONSENTOF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER TH E ARE PERMISSIVE ONLY PE IS P AND THIS PERMIT MAY BE FpXKE � BY T>*-CI�Y COUNCIL .17� 0 IN ACCORDANEjAjjj4 WW 17 0 TH�KMUNIgIPAL CODE. _VVCWHARBOR CGGROM=R,� 1-7 !T,- -2-151; P�RWI'T NO. DATE /--,73--423s4:5v—w 4f IF r) s. f r� E -rc m vlc'NITY Spa 5A fArr Ilt-141 ,0=A�79L CM hV oreWJO 0"Clo c*wpop* "&4m7 Ztommw- eobv Way%"-. Afcpjriwc,,v e'70 cvl' yo�- ,ow. / 70,*Al.dl -Joo'" Aay. qo cp a ce- a-, VIA L IDO 12-'X' 18' F 7-R,9r,r liz S -tri sc, aS 5�-rb-v C., -t- Fl- OA7- News Release relephone No.: 714- OA4-311.1 P 1. 0. ; 644-3110 d""T EBEAC11-1 :IERMIT ED TO CONSTRUCT AND �N THE REVERSE HEREOF, TO THE PROVISIONS OF IF NEWPORT BEACH AND D HEREON, THIS PERMIT 'HE WRITTEN CONSENT OF I OR CITY COUN-'IL,,T"E-", ,IT ARE P 3SI ONLY � By, Ml� CO'UNC EC � JH CZIT 5F T NI AL CM/ DATE ments Lifeguard personnel have this last week. The heaviest the area from 44th Sirftt to the � River Jetties, and also from the tal to pick up small amounts on r well the need to clean up after ishore and they are to be testing uargo ships that have docked or )hould it be found a ship was prosecute the offender. tar, mineral oil works very well, their station for immediate use ad his crews doing a great job �is nuisance at a minimum. By naining quantities ort the beach. each, California 9265M915 :77 Lol PAW eftmp�* � an *I" VICINITY bKfTCH Abet Ncwpoffr DAY, RLCS 'Soun,af,j,as w WIZOM-00SWO' AOV Cro7& cp%wota obp,00wv 6Wbw AWVow7 .6owee dow WCIAW-. jo'CW7Y& CW tl"afg tl^W-*X1AWOeW1y 'a Awf- GrV dP*IrAFA/l'Wb**f A�V tAP4 900JO11617 &P Aw~30 '�t' Le if '�t' Le 47-1-1-WITIC 14APIAIA 'r' MP-6-�-.-,.+L{)A-ThT-W-N; 1645 MonroVia'Avenue X Costa Mesa, CA 92627 (714) 645-2842 1 Telex 678308 THOMPSON CSMA Flange width 3' on all'4 s1des FIGURE 2- FLOATATION UNIT DIMENSIONS Model DImensions (in) A 8 C Weloht (lbs) wIth plywood top cover Buoyancy In salt per Inch (lbs) water totr'1 1117 63 36' 16 96 68.95 1,103.2 1118 68 316 20 1013 68.95 1,379.0 M9 63 363 1� 9 vil 68.95 973.9 1129 18 1.04 84.06 1,187.6 1130 72 /' - 10 .74 1,451.2 1131 9'96 -0 1i i b.L 140.Oi 1,978.8 12,00 74 1,657.7 1231 f'96 48 1-6 167 110. 0 2,259,0 1430 72 8 2,376.0, 14 33 1 96 48 25 198 110.04 3,519.8 Patent No. 0 270 329 Le 411 113 L 9"3* Balance 9 V 113 L 9 V I I - -- - 1-4 W 11 !1 kf 5 GA. SPIRAL SPACING NOTE: SwIftlift handling d*vIc*# burned off and remaining 3.75' x 2.5' deep .pocket filled with epoxy grout. 12 1/2' 3 14' Chomfor 4 lit" 0 27011 8trandA Dia. PVC Jet Tube on Center lim 9 on. Spiral on 7.50 I.D. Circle SPECIFICATIONS CLASS -- - - - - - - - - - - - - -- ; c o m m a r C 1#1 CONCRETE MIX: - - - - - - - - K-7 CONCRETE 6TRENGTH:---f'Cz$000 F.S.I. 4 28 Days f'c. m. 4000 4 Transfer STRAND: - - - --- - - - - - - - 4 - .112" Dia. 270W A.S.T.M. A-414 SPIRAL: . . . . . . . . . . . . . 6 Ga. A.B.T.M. A-82 AREA OF .15S Sq. In. 3t 4 Strands INITIAL FORCE I STRAND: 30,750 L6s. x 4 Strands PRESTRESS FORCE AT ANCHORAGE: - - - - - - - 1911.000 Lbs. + 143 44. 1R.vtS$Q F.S.I. UTIALITY VAULr 00o AVkAN. V" WILSOINVILL1. 011 KIASANTO". CA CK&NMI*. At 12 At X V A R I FA P1 F -'qFr.T1nm.., C14 V- 12 re 41 PILE SECTION ��VES- �e S3812 cr_ EXR 03/31/97 --'D k14 �,,p Z -1k �51 ell W.Z. 2184 N.Z. F,% 7,s74 84-02 0 7 — P P 0%8 6. Lj ARRANGEMENT. &.DETAIL : . ALI None X -- -------- NAME _4 ADDRESS OF PROPOSED FACILITY. - PERMIT # j " ";�' Z'<'- MAILING ADDRESS Tf-!-�PH TE FE CHECK NO. DATE APPROVED BY: DATE APFilldk -CATION 1.5 HERESY MADE FOR A HARBOR PERMIT TO OCHD T, CONSfFUqT/REViSE A��6 I El AT TME ABOVE LOCATION IN"AbCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMI T P , OLI CIES A ND TIlE A7ACHE 0[NG COUNC IL PUBLIC WOR. COMPANY DEPT. ESCROW �Z DATE.' Fvl A/ INSPECTION =SIGNATURE SPECrAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF. FORM, 1 (,62 75 - - - - - - - - - - - - - - - - - - - - 2� X rl "V,_1A Z_ IL C �2 .55;, r-11 \14 0 0 to. .0t io, to 4 it to; lot 0, IL I ,rj to tot .0, rA 7 X x - 1:7 x L SE pow, (y) 7 1,?C V?L C/-, L01,4-10EIE 70 P5 Ore ow 97 A ALL L OL - ALL Fll_�_-I_D CL17*�' C0 T Sretl,- /A- /Fp WA_ r_l_l&_ IAJC I VD114c, 1S_l'(__)L T571 C 1A > 171-117_L:�� 1"41- 7_L --k -z --OT 01P OALV 7-10J_J, GA W17*71 ALI IVUT� �L Skll-JLZ- f -FL= USL:- X Z�-- 13� IA-' � x T t;?� PILL-: /::; L7, /q T - Z_ 4- A L L S77 L56:L "qlIS it gv�pc_ c //-:77/ CA T) EN MF� 10 R01,17_00A,15 57V,41 4-r�_AI-177C S�qALL 14AVE Air jkJ Top. 31 DRAWN BY NO. DATE :)N: MARINE CONSULTING FF_UEf-X0 I C -IM u \J ka r\ 324 EL MODENA AVENUE & DESIGN NEWPORT BEACH, CA 92663 Z6b VIA LIIJ0 bUUU NLWFUNI bLAUN UALII-. 714 642 - 2206 WAW mmz"*�' 0170 - ZN CITY OF NEWPO*,,. BEACH HARBOR APPU,..ATION PC-> e V, elc;K / Y4 A, 6, &�, /� 0 'R A6 e P, 0 VICI Ml T%r' SkETCH NEWPORY 5AY/ CAL IFORNIA ILLES Ore Ir? �'CC7' 0�')G( 01,PnOIC O'e,- YA7,5 belOkv /-IeO�7 I-OWer I -OW //;7e -g are e S iGb1r'5h&C1 7�61('S SCCl/017 07rlVeW le 11 d ARRI-lr-4N7-�9 VA06- JOB Alaole.619$ 7-,e4C7- 407- Z7,eAW,V A9K Z7.47,gr A s