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Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT CORPS OF ENGINEERS
P�O BOX 532711
LOS ANGELES CALIFORNIA 90053-2325
Pete Swift
Attn: Jacquelyn Chung
Swift Slip Dook &- Pier BuR&�-E, Inc.
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. Swift:
May 24, 2012
This letter is in reference to the Notice of Violation (NOV) (Corps File No. SPL -2009 -00705 -
SME) issued to Swift Slip Dock and Pier Builders, Inc. (Swift Slip) on January 6, 2010 for the
unauthorized re -configuration and expansion of a boat dock conducted by you or your
contractors bayside of 301 Via Lido Soud within Newport Bay in the city of Newport Beach,
Orange County, California (Figures 1-3).
Following an investigation by my regulatory staff and a review of the information Swift Slip
provided in response to the NOV, I have determined this action does not require any further
regulatory enforcement proceedings, This is due to the minor nature of the work, and because it
appears no substantial adverse environmental impacts resulted. Therefore, I have elected to
administratively close this enforcement case at this time. Please be advised any future violations
of this type may result in appropriate enforcement actions by the U.S. Army Corps of Engineers.
I am forwarding copies of this letter to: (1) U.S. Fish and Wildlife Service, Field Supervisor,
Ecological Services Field Office, 6010 Hidden Valley Road, Carlsbad, California 92011; (2) U.S.
Environmental Protection Agency, Attention: Mr. Tim Vendlinski, Chief, Wetlands Regulatory
Office (WTR-8), 75 Hawthorne Street, San Francisco, California 94105; (3 )) National Marine
Fisheries Service, Attention: Mr. Bryant Chesney, Assistant Regional Administrator for Habitat
Conservation, 501 West Ocean Boulevard, Long Beach, California 90802; (4) California
Department of Fish and Game, Attention: Larry Eng, 4949 View Ridge Avenue. San Diego,
California 92123; (5) U.S. Department of Justice, U.S. Attorney's Office, Attention: Mr. Leon W.
Weidman, Room 7516, Federal Building. 300 North Los Angeles Street, Los Angeles, California
90012; (6) California Regional Water Quality Control Board, Region 8, Santa Ana, Attention:
California 92501-3339. and
W
-2—
I appreciate your cooperation in bringing this enforcement action to resolution. If you have
questions regarding this matter, please contact Stephen Estes at 213-452-3660 or via e-mail at
Stephen.M.Estes@usace.army.mil.
Sincerely,
Corice J. Farrar
Chief, Orange and Riverside Counties Section
South Coast Branch
Enclosures
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El Eelgrass within 15' of project
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
Remove existing float and pile. Install new float system, 8x57'Iong inger, 6x2O' back
walk, 14x6' small finger, 1 Ox6' remote swim float. 4 new 14" sq. piles and 1 new 18"
squarepile. Install new 3x24' gangway. Use existing 12xl 8' pier.
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: 301 Via Lido Soud I
Legal Description:
lHarbor Permit Number: 173-301
IPlan Check Number: 0415-2009
jApplicant: Roberta Feuerstein
Applicant's Mailing Address: 301 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. I Page 1 of 2
And f' d
They comply with the current adopted Newport Beach General Plan, Municipal
7
iode, 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.
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
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.
n, Hlarbor Resources
May 8, 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
Pier Permit Conditions
301 & 305 Via Lido Soud
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
pier is under the purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system under
consideration. Any future modifications or alterations to the dock system may require new
conditions which may override or change these conditions. These conditions supersede all
past conditions associated with this property.
4. This shared pier is the equal responsibility of both pier permittees at 301 & 305 Via Lido
Soud. All future work on the pier must be approved by both permittees.
5. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
6. Your side property lines extend in the water along their same bearing. Property line at 301
Via Lido Nord extends exactly parallel to the southernmost property line at 301 Via Lido Nord.
7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
finger at 301 Via Lido Soud is 18'.
8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
remote float at 301 Via Lido Soud is 10'.
9. Vessels may not extend beyond the end of the fingers by more than the width of their beam.
Signature:
Shannon Levi
Supervisor
514 109
Date
Applicant Signature (301Via Lido Soud) Print Name Date
Joint Pier Permittee Signature (305 Via Lido Soud) Print Name Date
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034 / Fax (949) 723-0589
Special Conditions
May 8, 2009
Property Address: 301 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(s), 239 Via Lido Soud and 309 Via Lido Soud.
9. Vessels may not extend beyond the end of the fingers by more than the width of its beam.
10. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
remote float is 10'.
11. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the
float is 18'.
12. Upon final inspection a shared pier agreement must be completed by property owners of
301 Via Lido Soud and 305 Via Lido Soud.
13. Pulley system must be installed to guarantee access to remote float and retrieval of
vessels tied between remote float and finqer.
Gj +j D �
n'LeVin, Harbor Resources Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Page 2 of 2
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Parcel Info Retrieval
T
Newpoit Beach
Assessor Information - Data obtained ftom MetroScan
Assessor Parcel Number: 423 14107
Site Address: 301 VIA LIDO SOUD
NEWPORT BEACH 92663
Year Built: 1951 Number of Units: 0
Owner: ROBERTA FELTERSTEIN
CoOwner:
Mailing Address: 508 30TH ST
NEWPORT BEACH, CA 92663
Transfer Date: 11/24/1997
Price: $0
Land Use: 122 RESSINGLE FAMILY RESIDENTIAL
Legal Descr: TR 907 LOT 900 SELY 35 FT
Year Built: 1951 Number of Units: 0
Lot SqFt: 3,150
Land Value: $1,405,376
Structure Value: $452,2 10
Other Value: $0
Total Value: $1,857,586
Bldg SqFt: 1,448
Tax Rate Area: 07001 08-09 Taxes: $19,448
City Tax Percentage: 0. 17151296 City Portion: $3,062.29
Secured Assessor Information for 423 14107
Land Value: $1,350,803
Improvement Value: $434,651
Other Improvement Value: $0
Personal Property Value: $0
Gross Value: $1,785,454
Exempt Amount: ($0)
Total Net Value: $1,785,454
Page I of 2
http://www6.city.newport-beach.ca.uslwebsitelEmployeeSiteReportlAssessorinfo.asp?U... 04/23/2009
Parcel Info Retrieval Page I of 2
C
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Newport ts
Assessor Information - Data obtained from MetroScan
Assessor Parcel Number: 423 14109
Site Address: *NO SITE ADDRESS*
0
Year Built: 1993 Number of Units: 0
Owner: ARNOLD D FEUERSTEIN
CoOwner:
Mailing Address: 508 30TH ST
NEWPORT BEACH, CA 92663
Transfer Date: 6/1/1993
Price: $0
Land Use: 122 RESSINGLE FAMILY RESIDENTIAL
Legal Deser: N TR 907 LOT 901
Year Built: 1993 Number of Units: 0
Lot SqFt: 0 Bldg SqFt: 0
Land Value: $1,451,883
Structure Value: $0
Other Value: $0
Total Value: $1,451,883
Tax Rate Area: 07001 08-09 Taxes: $15,043
City Tax Percentage: 0. 17151296 City Portion: $2,393.47
Secured Assessor Information for 423 14109
Land Value: $1,395,505
Improvement Value: $0
Other Improvement Value: $0
Personal Property Value: $0
Gross Value: $1,395,505
Exempt Amount: ($0)
Total Net Value: $1,395,505
http://www6.city.newport-beach.ca.uslwebsitelEmployeeSiteReportlAssessorinfo.asp?U... 04/23/2009
H-1
the City. Dredging around floats shall not exceed a depth of minus 2 feet
at mean lower low water along a line 60 feet channelward of the parallel
to the U.S. Bulkhead Line or the existing concrete bulkhead.
5. East B!jy Front. Piers may be permitted to extend 10 feet channelward of
the U.S. Pierhead Line northerly of the northerly line of Park Avenue and
16 feet channelward of the U.S. Pierhead Line southerly of the northerly
line of Park Avenue. Dredging around floats shall not exceed a depth of
minus 2 feet at mean lower low water along a line 60 feet channelward of
and parallel to the bulkhead line.
W. Collins Isle. Piers wiR be permitted to extend to the U.S. Pierhead Line on the
southwest and west side of Collins Isle. No piers will be permitted on the north
or east side of Collins Isle.
X. Harbor Island. Piers will be permitted to extend to the U.S. Pierhead Line.
Special permits approved by the Harbor Conunission will be required for piers
northeasterly of Lots 14, 15, 16 and 36.
Y. Lido Isle. Piers may be permitted to extend out to the U.S. Pierhead Line, except
on the westerly side between U.S. Bulkhead Sta. No. 172 and No. 174.',�-Pi6,fs may,
be vermitted to extend 20 feet beyond the U.S. Pierhead Line between U.S.,
Bulkhead Sta. No.. 172 and 174.
1. Piers and floats will not be permitted in the beach area along the northerly
side of Lido Isle between the easterly line of Lot 849 and the westerly line
of Lot 493.
2. Piers and floats will not be permitted in the beach area along the southerly
side of Lido Isle between the easterly line of Lot 919 and the westerly line
of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the pierhead lines as
shown on Harbor Lines Map approved by City Council and on file in the Public
Works Department.
4
IMP
e,
DEPARTMENT OF THE ARMY
915 Wilshire Boulevard
Los Angeles, California 90017
January 6, 2010
REPLY TO
A17ENTIONOF:
Office of the Chief
Regulatory Division
'SUBTECT: NOTICE OF VIOLATION OF THE RIVERS AND HARBORS ACT
ENFORCEMENT CASE NO. SPL -2009 -00705 -SME
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Brady Helm
Swift Slip Dock & Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Mr. Helm:
It has come to my attention that you or your contractors have constructed a modified
boat dock at 301 Via Lido Soud in the City of Newport'Beach, Orange County, California
without a Department of the Army permit. We received an application from Swift Slip Dock &
Pier Builders, Inc. on September 9, 2009 to remove the boat dock on this property and replace it
by installing a new float with additional overwater coverage, three new piles, and a new
gangway. This application and subsequent correspondence from Swift Slip implied these
activities were to be conducted at a future date.
The Corps hopes that this problem can be resolved informally and amicably. However,
you should recognize that under Section 10 [33 U.S.C. 403] of the Rivers and Harbors Act and
Corps regulations promulgated pursuant thereto, work or structures in or affecting a navigable
water of the United States is unlawful unless such an activity is specifically authorized
pursuant to Section 10 of the Act by the Secretary of the Army through a Corps of Engineers
permit. The potential penalties for violation of this Section include a maximum criminal fine of
$2,500 per day and imprisonment for up to one year [33 U.S.C. 406].
Within the next 20 days, please provide any information you may have regarding this
activity, including a project description, drawings, and photographs of the site to the Chief,
Regulatory Division, Attn: Stephen Estes, South Coast Branch, P.O. Box 532711, Los Angeles,
California 90053. During the next few weeks, Regulatory Division personnel will be
conducting an investigation of this activity. By copy of this letter, I am requesting input from
the agencies indicated in the final paragraph of this document to facilitate this investigation
and my decision on what initial corrective measures may be necessary. Once this evaluation is
complete, I will issue you an order for any required initial restoration and, if appropriate, will
-2 -
accept an after -the -fact permit application for processing. If complete restoration is not
required, you must apply for a Department of the Army permit for the discharges already
performed. Enclosed is a Department of the Army permit application.
Failure to comply with this order may result in my recommendation to the United
States Attorney to institute appropriate legal proceedings to enforce this order. Additionally,
compliance with this order does not foreclose the Government's options to initiate appropriate
legal action or to require the submittal of a permit application. By copy of this letter, I am
requesting that the United States Attorney open a file on this unauthorized activity.
In accordance with a Memorandum of Agreement between the Department of the
Army and the Environmental Protection Agency (EPA) concerning federal enforcement of
Section 404 of the Clean Water Act, a copy of this notification is being sent to the EPA for
review and coordination. My staff will conduct a preliminary investigation to determine
whether EPA or the Corps will be the federal agency responsible for evaluating the
unauthorized work. You will be notified whether EPA or the Corps will be the agency to work
with you to resolve the violation.
If you have any questions regarding this matter, please contact Stephen Estes in our
Regulatory Division at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil.
I am forwarding copies of this letter to: (1) U.S. Fish and Wildlife Service, Field
Supervisor, Ecological Services Field Office, 6010 Hidden Valley Road, Carlsbad, California
92011; (2) U.S. Environmental Protection Agency, Attention: Mr. Tim Vendlinski, Chief,
Wetlands Regulatory Office (WTR-8), 75 Hawthorne Street, San Francisco, California 94105; (3)
National Marine Fisheries Service, Attention: Mr. Robert S. Hoffman, Assistant Regional
Administrator for Habitat Conservation, 501 West Ocean Boulevard, Long Beach, California
90802; (4) California Department of Fish and Game, Attention: Larry Eng, 4949 View Ridge
Avenue, San Diego, California 92123; (5) U.S. Department of justice, U.S. Attorney's Office,
Attention: Mr. Leon W. Weidman, Room 7516, Federal Building, 300 North Los Angeles Street,
Los Angeles, California 90012; (6) California Regional Water Qualit Control Board Region 8,
Santa Ana, Attention: Mr. Gerard f. Thibeault, 3737'Maih Street, Suite 500, Riverside, California
92501-3339' (7) City of Newport Beach, Harbor Resources Division, Attention: Chris Miller,
3300 Newport Boulevard, Newport Beach, California 92663.
Sincerely,
Mark Durham
Chief, South Coast Branch
Regulatory Division
Enclosures
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) 1 EXPIRES: 31 August 2012
Public reporting burden for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RE -TURN your form to
either of those addresses. Completed applications must be submitted to Ihe District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act. Section 404, 33 USC 11344� Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413� Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this
form will be used in evaluating the application for a permit- Routine Uses: This Information may be shared with the Department Of Justice and other federal,
state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. submission of
requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of
original drawings or good reproducible copies which show (lie location and character of the proposed activity must be attached to this application (see sample
drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not
completed in full will be returned,
(ITEMS I THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
6. APPLICANT'S NAME:
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
First - Middle - Last —
First - Middle - Last —
Company—
I
Company —
E-mail Address —
E -mai I Address —
6- APPLICANT'S ADDRESS-
9. AGENT'S ADDRESS
Address -
Address
City — State — Zip — Country —
City — State — Zip — Country —
7. APPLICANT'S PHONE NOs. WIAREA CODE.
10. AGENT'S PHONE NOs. WIAREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
STATEMENT OF AUTHORIZATION
11, 1 hereby authorl7e, to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application'.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12, PROJECT NAME OR TITLE (see instructions)
13. NAME OF WATERBODY, IF KNOWN (if api)licable)
14. PROJECT STREET ADDRESS (if anoicat)te)
Address
15. LOCATION OF PROJECT
Latitude: *N
Longitude: 'W
city - State — Zip -
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID Municipality
Section — Townshir) — Rancie —
17. DIRECTIONS TO THE SITE
ENG FORM 4345, SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Proponent: CECW-OP
is. �,'ature of Activity (DescnplJonofprqect, include all features)
19, ProjectPurpose (Descrif",e the reason or purpose of flip prqect, s-oo instructions)
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20, Reason(s) for Discharge
21, Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters Filled (s4�einstrur.tions)
Acres
Or
Liner Feet
23. Description ofAvoidance, Minimization, and Compensation (see instructions�
24� Is Any Portion of the Work Already Complete? Yes No 0 IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (li'more than can be entered here, pleaseattach a supplemental list).
Address —
city — State — Zip —
26. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for a permit or permits to authorize (fie work described in this application. I certify that the information in this application is
complete and accurate, I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant�
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent ifthe
statement in block I I has been filled out and signed.
18 U,S.C. Section 1001 provides that7 Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false. fictitious or fraudulent statements or representations or
makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than
$10,000 or imprisoned not rnore than five years or both.
ENG FORM 4345, SEPT 2009
S�ATEOF CALIFORNIA—NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071 FAX (562) 590-5084
www.coastal.ca.gov
Date: November 12, 2009
Roberta Feverstein 5-09-171
301 Via Lido Soud
Newport Beach, CA 92663
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on October 15, 2009 and was reported to the
Commission on Thursday, November 5, 2009 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
.specified in the Administrative Permit. .
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive Director
0 -
rOtA�
/y ROMAN .
Coastal Program Analyst
cc: Local Planning Dept
Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift
0C CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA —NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-09-171
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: October 14, 2009
(562) 590-5071 Item Th6b Page 1 of 7
ADMINISTRATIVE PERMIT
APPLICANT: Roberta Feverstein
PROJECT
DESCRIPTION: Remove existing finger -shaped float and piles and replace with new L-shaped
float system with an 8'x57' long finger, 6'x2O' back walk, 14'x6' small finger and
two new 14" square piles and one new 18" square pile, new Tx24' gangway,
with an existing 12'xl 8' oversized pier to remain unchanged.
PROJECT
LOCATION: 301 Via Lido Soud, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Thursday, November 5, 2009
9:00 am
Long Beach Civic Center
City Council Chambers
333 West Ocean Boulevard
Long Beach, CA 90802
IMPORTANT - Before vou mav voceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
CoMmisSiON ACTION ON PETER DOUGLAS
Approved as Recommended Executive Director
rl Denied as Recommended
[] Approved with Changes By��'Li
Denied Title: Coastal Program Analyst
Other
5-09-171 (Feverstein)
Administrative Permit
Page 2 of 7
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development 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. In I terpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four thru seven.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies. for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to.Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proiect DescriDtion
The project site is located at 301 Via Lido Soud in the City of Newport Beach (Exhibits #1 -2). Single7
family residences. characterize the subject site and the surrounding area. The proposed project,
involves maintairiing the existing oversized timber and wood decking pier and removal of an existing
finger -shaped float and piles and replacement with new L-shaped float system with an 8'x57' long
finger, 6'x2O' back walk, 14'x6' small finger and two new 14" square piles and one new 1.8" square pile,
and new 3'x24' gangway (Exhibit #3). The new configuration is different to that currently in place and is
meant to accommodate a larger sailing vessel. New materials consist of Douglas fir lumber, Trex
composite decking and galvanized steel hardware. The proposed dock system exceeds the.U.S. Pier
head Line but conforms to the Project Line allowable by the City in this area of Newport Bay.
The existing wood pier is approximately 18' long by 12'wide and does not meet the City of Newport
Beach Harbor Resources Division pier standards for residential use. However, as previously I
described, the proposed project does not include any work to the existing oversized thereby n6n-
conforming wood pier. However, in the future should the pier require maintenance or replacement, at
such time the new structure would be reviewed for conformance with the current Harbor Resources
Division pier standards. As such, the Commission imposes Special Condition 4 informing the
5-09-171 (Feverstein)
Administrative Permit
Page 3 of 7
applicant that future development on the site requires an amendment to this permit (5-09-171) or a new
coastal development permit. Future development includes, but is not limited to repair and maintenance
to the existing pier and proposed new dock system.
The dock project will be used for boating related purposes to serve a single-family residential
development. The City of Newport Beach Harbor Resources Division surveyed the site for eelgrass
and Caulerpa taxiffiblia on May 6,� 2009 and no eelgrass or Caulerpa taxiffiblia were discovered within 15
feet of the project area. These eelgrass and Caulerpa taxiffiblia surveys are valid for a limited period of
time (until the next growing season for eelgrass and 90 days for Caulerpa taxiltblia). If construction
does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass
or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the
procedures necessary to be completed prior to beginning any construction.
Coastal public access is available approximately 1/2a mile east from the project site at a small public
beach along Via Lido Soud between Via Fermo and Via Firenze. The proposed project has received
an approval in concept from the City of Newport Beach Harbor Resources Division, Harbor Permit
Number 173-301 and Plan Check Number 0415-2009. The Regional Water Quality Control Board
(RWQCB) has i * ssued a "General Certification for replacement of Sheet and Dock Piles" determining
that the proposed project will not adversely impact water quality if standard construction methods and
materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers.
Staff expects the U.S. Army Corps of Engineers' Letter of Permission (LOP) deeming the project
qualifies for the General Concurrence for impacts to essential fish habitats.
Section 30600(c) of the Coastal Act provides for the. issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
C. Water Quality
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the potential for
construction related impacts on water quality, the Commission imposes special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and materials to
minimize the potential of pollutants to enter coas tal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
5-09-171(Feverstein)
Administrative Permit
Page 4 of 7
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was comprehensively updated on October 13, 2005. As conditioned, the proposed development is
consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area.
Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare
a Local Coastal Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are.no feasible alternatives or additional feasible mitigation measures available
that would substantially lessen any significant adverse effect that the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmental . ly damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
SPECIAL CONDITIONS:
Water Quali
A. Construction Responsibilities and Debris Removal
(1) No demolition or construction materials, equipment, debris, or waste shall be placed
or stored where it may enter sensitive habitat, receiving waters or a storm drain, or
be subject to wave, wind, rain or tidal erosion and dispersion.
Any and all debris resulting from demolition or construction activities, and any
remaining construction material, shall be removed from the project site within 24
hours of completion of the project.
(3) Demolition or construction debris and sediment shall be removed from work areas
each day that demolition or construction occurs to prevent the accumulation of
sediment and other debris that may be discharged into coastal waters.
(4) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(5) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(6) 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 -
(7) Non -buoyant debris discharged into coastal waters will be recovered by divers as
. soon as possible after loss.
(8) All trash and debris shall be disposed in the proper trash and recycling receptacles
at the end of every construction day.
(9) The applicant shall provide adequate disposal facilities for solid waste, including
excess concrete, produced during demolition or construction.
(1 O)Debris �shall be disposed of at a legal disposal site or recycled at a recycling facility.
If the disposal site is located in the coastal zone, a coastal development permit or
an amendment to this permit shall be required before disposal can take place
unless the Executive Director determines that no amendment or new permit is
legally required.
(1 1)AII stock piles and construction materials shall be covered, enclosed on all sides,
shall be located as far away as possible from drain inlets and any waterway, and
shall not be stored in contact with the soil.
5-09-171 (Feverstein)
Administrative Permit
Page 5 of 7
(1 2)Machinery and equipment shall be maintained and washed in confined areas
specifically designed to control runoff. Thinners or solvents shall not be discharged
into sanitary or storm sewer systems.
(1 3)The discharge of any hazardous materials into any receiving waters shall be
prohibited.
(14)Spill prevention and control measures shall be implemented to ensure the proper
handling and storage of petroleum products and other construction materials.
Measures shall include a designated fueling and vehicle maintenance area with
appropriate berms and protection to prevent any spillage of gasoline or related
petroleum products or contact with runoff. The area shall be located as far away
from the receiving waters and storm drain inlets as possible.
(1 5)Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs)
designed to prevent spillage and/or runoff of demolition or construction -related
materials, and to contain sediment or contaminants associated with demolition or
construction activity, shall be implemented prior to the on-setof such activity
(1 6)All BMPs shall be maintained in a functional condition throughout the duration of
construction activity.
B. Best Management Practices Program
By acceptance of this permit the applicant,agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In-watertop-side and bottom -side boat cleaning shall minirnize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat clea I ning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management.Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Management Measures:
a. Boaters will practice preventive engine maintenance and will use oil absorbents
in the bilge and under the engine to prevent oil and fuel discharges. Oil
absorbent materials shall be examined at least once a year and replaced as
necessary. Used oil absorbents are hazardous waste in California. Used oil
5-09-171 (Feverstein)
Administrative Permit
Page 6 of 7
absorbents must therefore be disposed in accordance with hazardous waste
disposal regulations. The boaters will regularly inspect and maintain engines,
seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of
soaps that can be discharged by bilge pumps is prohibited.
b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels,
lubricants or other liquid materials), the boaters will use a.bilge pump -out facility
or steam cleaning services that recover and properly dispose or recycle all
contaminatedliquids.
c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge
cleaning since they may be discharged to surface waters by the bilge pumps.
2. Eelgrass; Survey
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 co I nsultation
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each *eelgrass survey and in any event no later than
fifteen (15) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared. in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.2:1 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 1.2:1 (mitigation:impact). The exceptions to the required 1.2:1
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
5-09-171 (Feverstein)
Administrative Permit
Page 7 of 7
3. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applica * ble governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
4. Future Development
This permit is only for the development described in Coastal Development Permit No. 5-09-132.
Pursuant to Title 14 California Code of Regulations Section 13250(b) (6), the exemptions
otherwise provided in Public Resources Code Section 30610 (a) shall not apply to the
development governed by Coastal Development Permit No. 5-09-132. Accordingly, any future
improvements to the development authorized by this permit, including but not limited to repair
and maintenance activities identified as requiring a permit in Public Resources Section
3061 O(d) and Title 14 California Code of Regulations Sections 13252(a) - (b), shall require an
amendment to Permit No. 5-09-132 from the Commission or shall require an additional coastal
development permit from the Commission.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
[/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
�P7E
TF -
3Y
V.,
0
civF 49-19
'Plan Check Nc
Date
Received from
FEE RECEIPT
TARGET DATE.-
- �,"'V'I Permit No.
Received by:
Z� �,/J' D 56;V d, ", I
Job Address
Building Plan Check ........................................... .........................
*A*L� .
2900-5002
$
Harbor Resource Plan Check (Building) ............ .................
2900-4627
$
Zoning Plan Check ..........................................................................
2700-5003
$
Grading Plan Check ........................................................................
2900-5004
$
Fire Plan Check ...............................................................................
2330-5055
$
Electrical Plan Check .......................................................................
2900-4612
$
Plumbing Plan Check .......................................................................
2900-4616
$
Mechanical Plan Check ...................................................................
2900-4618
$
Harbor Resources Plan Check ........................................................
2370-4654
$
Overtime Plan Check - Building .......................................................
2900-5023
$
Overtime Plan Check - Grading .......................................................
2900-5004
$
Overtime Plan Check - Planning ......................................................
2700-5003
$
Preliminary Code Compliance Review .............................................
2900-5002
$
Reinspection B E M P/Special Inspection ........................................
2900-5008
$
Reinspection Fire .............................................................................
2330-5050
$
Temporary Certificate of Occupancy ...............................................
2900-5008
$
Underground Utilities Waiver ...........................................................
010-2225
$
Energy Compliance .........................................................................
2900-5017
$
Planning Department Fees ..............................................................
2700-5000
$
Sale of Maps & Publications (Planning) ...........................................
2700-5812
$
Determination of Unreasonable Hardship ........................................
2900-5018
$
Public Works Plan Check .................................................................
5200-5002
$
Surety Deposits (Refundable) ..........................................................
010-2201
$
Records Management Fee (Copies) ................................................
010-2263
$
Subpoena Fees ............................................... PAID ....................
2900-5001
$
Other (Specify) ........................................... MAR ............
$
TOTALFEES
$
For Plan Check status log on to:
OF NEWPORT BEACH
www.city.newport-beach.ca.us/buildihq�IV
On Services 644-3255 Fee Receipt No.
select -Line or call (949)
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL.
(Afeempt. 6/3/08)
Worksheet for Building Combo Permit Application
City of Newport Beach - Building Depart
Please print 3 copies rRABOR RESOURCES
1_2 Building F7; Grading E—Drainage Elec r,-,�QV--QFPNEWPORT B
A A lo r
1. Project Address (Not mailing address) A A ' F o 6VJuite No
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4. Arch itect/Designer's Name
Architect/Designer's Address
City
Last First Lic. No.
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State Zip Telephone
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Contractor's Address Contractor's E-mail Address
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City State Zip Telephone
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OFFICE USE ONLY ENERGY P/C FEE $
PERMIT NO.
GRADING P/C FEE $ PLAN CHECK NO.
Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $
INSPECTION FORM
Harbor Resources Department
Date: ZLzDJCR
Inspection Requested By: , � 21 �
Inspector: Don Duffy
Pier Address: CAD Vi A013_�_ U -B
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
I I I F I I I I
Anti -Siphon / Back-flow Present
Other Comments
lg�rass
Datel /'V?Time F] Eelgrass Within 15' of Project
Eelgrass Within 15'- 30' of Project
A040- Eelgrass in Project Area
Pump Out
Pier Location
Yes No
Operational I I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Fkase print 3 copf"
Worksh-et for Building Combo Permi. �Appllcation
City of Newport Beach - Building Departml6rd
F -,,Building [7 Grading 7 Elec MecP
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PraInage
1. Project Address (Not mailing address)
F301419 LIDO 9000
. ............. . ... . . . ........................ ... . ........ ............................. ... ........ . ................ . ..................... . ..... ............. . . .................... .
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F-1 4. ArchheaUDesigneez, Name Last Fire
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ITEM #1 ABOVE, IT SHALL MEAN THAT THE CONTRACTOR HAS CONSIDERED
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3. THE CONTRACTOR SHALL NOT BE ENTITLED TO ANY ADDITIONAL COMPENSATION
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CITY OF NEWPORT BEACH
Marine Department
April 7, 1994
TO: JANICE MANNING, DATA PROCESSING
FROM: Marine Department
SUBJECT: HARBOR PERMIT 0173-030j-1
Recently we received correspondence from the above harbor permittee
indicating that there had been a combination of lots and that the
pier at 305 Via Lido Soud had been removed from the property and
there is no longer a need for a harbor permit at that location.
A field inspection verified that was in fact the case, and so would
it be possible to delete t�is from our pier permit statement f iles?
If you have any questions in this regard, please give me a call at
3044.
Tony Melum
Deputy Director
TM:la
tmjanice.memo
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V0 CITY OF NEWPORT BEACH
REVENUE DIVISION
FO R 3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 m
TIDELANDS - PIER PERMIT STATEMENT
7�`l LIDO PK PTNRSHIP
2 Y125 W, SALSOA SLVD
NEUPCRT 9EACH CA 9 2,6b 3
LOCATION Of PIER: 3'�'!,,5 VIA LIDO SOUD
ANNUAL fEES - DUE 03/01/94
PAST DUE PENALTY
BALAN210E LUEE AS Of 04/01194:
PIER NBR: t173 -03r,-:,,5-1
RUN DATE: ,", 3 / 0 1 / 94
16 5 .,0,
16.25
$81 .25
DIR'll-CT ALL INQtIRIES TO TRIE MARINE DEP.T AT <710_644-34 44.
PENALTIES �WILL BE ASSESSED AT 25% OF FEE FOR EACH MON'Th
PAYMIENT IS DELINQUENTe UP TO AND INCLUDING IN
ACCOFDANCE UITH NEWPORT BEACH MIMUNICIPAL RESOLUTION 487553.
------ ---------------- ----------------------------------------------------------
(PLEASE RETURN TfilS TEAR -Off k3r-114 YOUP PAYKEAT)
ANNUAL Pl.=-R PERMIT
701 LIDO PK PTNRSHIP
'TOTAL AMOUNT DUE: 181.25
OWE 'DATE: 1. 5 /,,Q` It 19 4
PI E R N 8R : t 17 3 - ;`,) 3 (,, 5 - I
25. 9F-Uz'U&b2
229 W
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,Amfizim, Laflfowla 9280,1
(714) '774-9-9.50
March 23, 1994
City of Newport Beach
Revenue Division
3300 Newport Boulevard
P. 0. Box 1768
Newport Beach, CA 92659-1768
Attn: Tony Melum
Gentlemen:
RE: Pier Location - 305 Via Lido Soud
Please be advised that Pier Nbr: 0173-0305-1 was removed
approximately one year ago.
The subject lot is now owned by ARNOLD D. FEUERSTEIN and
I hereby request that said pier permit be cancelled.
Thanking you for your cooperation,
Very truly yours,
.......... ..
Arnold D. Feuerstein
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED To CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN Op, *rHE REVERSE HEREOF�
AT THE SITE INDICATED, sUBJECT TO THE FRCV�-`S10--4S O�.'
THE MARBOR PERMiT POLICIES Or &IEWFORT REACHIANt
CoNr�JTJCNS LSTED HEE'C-OtC Tij;q PERM$,-
�5 n.10T TRANSFt-:RABL'-,",'-' WITHOUTi-HE fG"ZSENT 0'
T��C, CITY HARBOR OR Ct-r-1 Cel-IMcm. TH
"W"SSiVE OHL -
TS GIVEN UNDEp THIS PERMUT ARE FER -
^no THIS PERMIT MAY EE REVOKED By THE C�Ty COUNC;L
NPAL CODE.
ACCORDANCE WITH TITLE I
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CITLY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
_q
January 24, 1992
orange Coast Title Co.
640 N. Tustin Avenue, Ste 205
Santa Ana, CA 92705
Attn: Carol
Re: Harbor Permit 173-305
Dear Sir:
The City of Newport Beach Marine Department has received a request
to transfer pier permit 0173-305 for the property located at 305
via Lido Soud, Newport Beach, CA. The facility was inspected on
1/23/92.
We cannot transfer the pier permit until the following deficiency
has/have been corrected and WE HAVE BEEN NOTIFIED OF THE
CORRECTION:
1. A City -approved anti -syphon device is required at the water
connection for the water supply to the pier and float. A sketch
showing the approved type of device and its installation is
enclosed.
The Newport Beach City Council Harbor Permit�Policies state:
10.D. "At the time of transfer, all harbor structures -
shall be inspected for compliance with the City's minimum
plumbing, electrical and structural requiremenmts, and th
e conditions of the existing permit. All structural deficiencies
must be corrected prior to transfer of the permit."
A permit for plumbing or electrical work may be obtained from the
Building Department of the City.
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN
CORRECTED. When we have been notified, the structure will again be
inspected and when the requirements have been met the pier permit
will be transferred. Included in requirements for transfer of the
pier permit is the $300 transfer fee and the signed transfer card.
You can telephone 714-644-3044 to request a reinspection of the
structure. If you have questions, please call this number.
Wes Armand, Marine Department
3300 Newport Boulevard, Newport Beach
STATUS SHEET
HARBOR PEF44ITS
TRANSFER
IT *1—
LDCATION.�.�,
Buyer 7D
Selle
Date Application C V:-, /17�A_7 Date Fee Rec'v:
Oral Request for-Inspectio
'*Cl' :
Date
Escrow Co.-
Fi
Escrow:Officer: Escrow
[ &6-7
CtI6) Z�� /T�
AZ,3��45ate Inspection Made 4- 7, 7
Date. Deficiency Letter Sent (if appli * cable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
1. Location:
R1
3. Electrical: (��-
4. structural:
REMARKS:
Inspector's Initia��s'
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STATUS SHEET
HARBOR PERMITS -73;
TRANSFER
..............
30 PRORTf.
LOCATION
Buyer
Seller
Date Application Rec, v Date Fee.Reclv-
Oral Request for -Inspeactio
Escrow Me Date
Fi
Escrow :Officer- E*crow
Date Inspection Made
Date. Deficiency Letter Sent (if appli * cable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
1. Location:
2. Plumbing:
3. Electrical:
4. structural:
REMARKS:
inspector's Initial's
STATE OF CALIFORNIA STATE LANDS COMMISSION GEORGE DEUKMEJIAN, Governor
STATE LANDS C0,1%, ISSION
12.07 13TH STREET
SACRAMENTO,CALIFORNIA 95814
J --
January 13, 1983
F ile Ref.: SD 82 12 22
,
A0
ell -
Mr. Steve Barrett '6,
OP 4,
Gillis and Derby, Inc. 641,
2806 La Fayette Avenue
Newport Beach, California 92663
Dear Mr. Barrett:
Subject: Proposed Pier and Float for 1-1r. Arnold Feuerstein at
301 Via Lido Spud, Newport Beach, California
The staff of the State Lands Commission has received your letter dated
December 9, 1982 and copies of the permit drawing relative to the proposed
construction of your client's pier and f loat in Newport Bay.
This is to advise that the tide and submerged lands over which the
proposed project will� extend are sovereign lands of the State of California
that the Legislature granted in trust to the, City, of Newport Beach. There-
fore, you need not apply to the State Lands Commission for project authoriza-
tion. You should, however, apply to the City of Newport Beach for any
necessary permits or approvals. You should also applyto all other agencies
having approval authority.
This action does not constitute, nor shall it be construed as, a waiver
of any right, title, or interest by the State of California in.any lands under
its jurisdiction,
Very truly yours.,
9-iff LDDLOW
Granted Lands Representative
(916) 445-7134
JL:
cc: al ifornia Coastal Commission
South Coast District
666 East Ocean Boulevard, Room 3107
Long Beach, CA. 90801
,,orobert L. Wynn, City Manager
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, CA 926�o
bcc: C 90-02
PECU
State of 4o+George beukmej ian,' Governor
California C�ast4 Commission
South CoastDistnct COASTAL DEVELOPMENT PERMIT NO.
5-83-144
245 West Broadway, Suite 380 Page 1 of 2
P.O. Box 1450
Long Beach, California 90801-1450
(213) 590-5071
0 , The California Coastal Commission granted to
Arnold Feuerstein, 301 Via Lido Soud., Newport Beach -
,this permit for the development de'scribed below, subject to the attached
Standard and Special conditions.
Revision of existing private boat dock including construction of
new pier, ramp and finger float in conjunction with single-family
residence.
SITE: 301 Via Lido Soud, Newport Beach
Issued on behalf of the California Coa
Executive Director
- �) % -MM
ACKNOWLEDGEMENT
The undersiqned permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
Signature of PermittMee
5/81
coastal Development Permit No. 5-83-144
Page 2
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of
VTe —pemit, signed by the pemittee or authorized agent, acknowledging receipt of the permi I t and acceptance of the
terms and conditions. is returned to the Commission office.
2. Expiration. If construction has not commenced, the permit will expire two years from the date on which the Commission
od of
voted -o -n -The application. Construction shall be pursued in a diligent manner and completed in a reasonable peri
time. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All construction must occur in strict compliance with the proposal as set forth in the application for
permiT-s—ubject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the Commlis-ion.
5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction,
sub3ect to 4 -hour advance notice.
6. Assiqnment. The permit may be assigned to any qualified person, provided assignee files with the Commission an
affaaavit ccepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terns 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- NONE
'J? flit It Tit"I
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JSOut'h Coast DistriCt
p, ppROVAL
Ior t No
8.7 t%l
MARI.IE DEPARTMENT
c/o CITY HALL
M NEWPUT ELVIL
NEWPORT BEACH. CA 92M
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IN REPLY RULM JU
SPLCO-R
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
Steve Barrett
Gillis and Derby, Inc.
2806 La Fayette Avenue
Newport Beach, CA 92663
16 December 1982
Subject: Construct New Pier, Ramp and Finger Float Revision for Arnold Feverstein
Dear Mr. Barrett:,
Thank you tor your letter of 9 December 1982 notifying us of your
intent to construct a new pier, ramip, -and finger float at
301 Via Lido Soud
Your drawings have been reviewed and generally conform to the provisions of
General Permit GP004 for privately owned boat docks
in Ne ort BaT
Providing you have complied with State and local -laws you may proceed with the
work.
Your proposed work has been assigned General Permit No. GPO04-146
If you have any further questions, please feel free to call our Regulatory
Branch at (213) 688-5606 and refer to this number. A copy of the Genkeral
Permit is inclosed.
1 Incl
As stated
LA FL 537
JUN 82
Sincerely,
J. P. FAST
Chief, Construction -
Operations Division
SPLCO-N
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
General Permit GP004
Newport Bay
1 November 1977
TO WHOM IT MAY CONCERN:
The District Engineer, Los Angeles District, Corps of Engineers announces
the issuance of a general permit covering the installation of privately -
owned boat docks in Newport Bay, a Navigable Water of the United States,
as required by Section 10 of the River and Harbor Act of 3 March 1899.
This permit is issued in accordance with the provisions of 33 C.F.R. 320,
322, 325-26 and, 328-29, titled, "Regulatory Program of the Corps of
Engineers" which provides that the District Engineer may.issue a general
permit for activities which are substantially similar in nature, that
cause only minimal adverse environmental impacts when performed separately
and have minimal adverse cumulative effect on the environment. Upon
issuance of a,general permit, all activities meeting the established cri-
teria are approved and will not,require the submission of individual
permit applications.
This general permit also authorizes the modification and replacement of
existing boat docks but not the installation of new boat docks where none
exist in Dover Shores and around the perimeter of Balboa Island. Under no
circumstances will the general permit allow boat dock construction requir-
ing bulkheading, dredging, or filling below the Mean Higher High Water
(MHHW) elevation or in wetlands. Construction of a boat dock will not be
allowed across any beach designated for community or public use, unless.
the new dock will replace an existing dock and cause no additional encum-
.brances on beach recreation.
Typical drawings, depicting the most common types of installations that
are covered by this general permit, are included in this notice along
with a map showing those Navigable Waters of the United States where the
general permit is applicable.
The general permit covers both existing and proposed facilities within
any of the private property boundaries shown on the attached drawings.
Individual boat docks that do not conform tothe established general
criteria will require a separate permit. The general permit is not
SPLCO-N 1 November 1977
General Permit GP004
STANDARD CONDITIONS:
a. That all activities identified and authorized herein shall be con-
sistent with the terms and conditions of this general permit; and that
any activities not specifically identified and authorized herein shall
constitute a violation of the terms and conditions of this general permit
which may result in the institution of such legal proceedings as the
United States Government may consider appropriate, whether or not this
general permit has teen previously modified, suspended or revoked in whole
or in part.
b. That the permittee agrees to make every reasonable effort to pro-
secute the work authorized herein in a manner so as to minimize any
adverse impact of the work on fish, wildlife and natural environmental
values.
c. That the permittee agrees to prosecute the work authorized herein
in a manner so as to minimize any degradation of water quality.
d. That the permittee shall permit the District Engineer or his
authorized representative(s) or designee(s) to make periodic inspections
at any time deemed necessary in order to assure that the activity being
performed under authority of this general permit is in accordance with
the terms and conditions prescribed herein.
e. That the permittee shall maintain the structure or work authorized
herein in good condition and in accordance with the drawings attached
hereto.
f. That this general permit does not convey any property rights,
either in real estate or material, or any exclusive privileges; and that
it does not authorize any injury to property or invasion of rights of
any infringement of Federal, State, or local laws or regulations., no I r
does it obviate the requirement to obtain State or local assent required
by law for the activity authorized herein.
g. That this general permit does not authorize the interference with
any existing or proposed Federal Project and that the permittee shall not
be entitled to compensation for damage or injury to the structures or work
authorized herein which may be caused by or result from existing or future
operations undertaken by the United States in the public interest.
h. That this general permit may be summarily suspended, in whole or
in part, upon a finding by the District Engineer that immediate suspen-
sion of the activity authorized herein would be in the general public
interest.
3
SPLCO-N
1 November 1977
General Permit GP004
i. That this general permit may be either modified, suspended or
revoked, in whole or in part, if the Secretary of the Army of his author-
ized representative determines that there has been a violation of 41��4 Of
the terms of conditions of this permit or that such action would Other-
wise be in the public interest. Any such modification, suspension, or
revocation shall become effective thirty (30) days after publication of
written notice of such action which shall.specify the facts or conduct
warranting same.
J. That any modification, suspension, or revocation of this general.
permit shall not be the basis for any claim for damages against the
United States.
k. That no attempt shall be made by the owner to prevent the full
and free use by the public of All navigable waters at or adjacent to
the activity authorized by this general permit.
1. That if the display of lights and signals on any structures or
work authorized herein is not otherwise provided for by law, such�lights
and signals as may be prescribed by the United States Coast Guard shall
be installed and maintained by and at the expense of the permittee.
M. That if and when the permittee desires to abandon the activity
authorized herein he must restore the area to a condition satisfactory
to the District Engineer..
n. That there shall be no unreasonable interference with navigation
by the existence or use of the activity authorized herein.
o. That permittee hereby recognizes the possibility that the struc-
ture permitted herein may be subject to damage by wave wash from passing
vessels. The issuance of this general permit does not relieve the per-
mittee from taking all proper steps to insure the integrity of the struc-
ture permitted herein and the safety,of boats moored thereto from damage
by wave wash and the permittee shall not hold the United States liable
for such damage.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
G. ROBINSON DATE
Colonel, CE
District Engineer
4
30 MA k,
Lido Isle*Community Association
701 Via Lido Soud
Newport Beach, CA 92663
Re: Residence - 301 Via Lido Soud
Gentlemen:
Enclosed please find copy of proposed pier and float
reconstruction for your files.
Also, please be advised of the following color selection
for the exterior of the residence:
Stucco Off White
Wood Trim Seagull Grey
Window Trim Blue Grey
Very truly yours,
Arnold D. Feuerstein
ADF:mph
Enclosure
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REQUEST FOR CO1 —11 APPROVAL AND/OR VABIA-1110N I ROM Al'I'llo
Fila;n DUPLICATE with, Licip Association
The undersigned requests approval of the following for flie
r
J'La- t—%.&
properly at.- - a ...... - ----------
....... --------- ------ Lido Iste.
PY
(old
COLOR (new construction). Affach color samples and identifying name of color end br.-ind name, if �izy V -r -
Stucco houso walls Doors
House walls of material Windows
other than stucco /V
Garden walls Sbuffers
Facia
planfars;
f
Chimney Ornamental iron it
Roof Other arvas
CHANGE from approved plans as described below aid/or by attached Aef6.
...... Sig ------- -------------------
T�e obove requesfs are approved subject to fhe same
condiflons'as approved plans ---
Dati�
November 8, 1982
TO:
FROM:
SUBJECT:
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
AGENDA NO.: F-16
MAYOR AND CITY COUNCIL
Marine Department
HARBOR PERMIT APPLICATION 173-301 BY ARNOLD FEUERSTEIN
TO REVISE A PIER AND FLOAT AT 301 VIA LIDO SOUD
Recommendation:
If desired, approve the application subject to the following
conditions:
1. That the applicant secure a permit from the Army Corps of
Engineers.
2. That the applicant have a permit from the California Coastal
Commission.
This permit is before the City Council as required by Section 5.B of the
Harbor Permit Policies, which states:
5.B "Prior.approval of the City Council will be required before
the Marine Department may issue any permit that does not
conform to the standard Harbor Drawings and the adopted Harbor
Permit Policies".
The applicant plans to revise an existing float and change it from a
U-shaped float to a single finger float.
The existing structure is now out from the bulkhead 80 feet. The current
Harbor Permit Policies permit structures out 70 feet from the bulkhead. The
applicant is requesting that he be allowed to revise his pier and float and
leave it out 80 feet. All the piers and floats adjacent to his are out 80
feet. This occurred because all these structures were built prior to the
current Harbor Permit Policies.
The Council has the power to allow this exception as set out in Section 24
of the Policies which states:
Page two
Arnold Feuerstein
24. "EXCEPTIONS. The City Council may approve exceptions to
any of the requirements and regulations set forth if there
are special circumstances or conditions affecti.ng the harbor
installations that would impose undue hardship on the applicant
or if it would be detrimental to the best interest of the City."
It would be detrimental to the best interest of the City to require the
applicant to comply with the Policie's in that, by having to pull his pier
closer to the shore, the applicant might be forced to dredge on a more
frequent basis, and thereby jeopardize the beach bayward of the bulkhead.
In addition, it would be a hardship on the applicant to require that he
comply and pull his float back ten feet when all the adjacent floats are
out to the 80 foot line. It would also break up a historically established
float line in this area, at no benefit to the City.
The actual design and construction of the pier and float will conform to
the standard drawing, the plan does not conform in that, rather than a
U-shaped float, the applicant is proposing a singl"e finger float which
is not considered a material deviation.
The applicant has had the Lido Isle Community Association review his proposed
revision and they have no objections to it.
For the reasons discussed above, the Marine Department is not opposed to the
plan as submitted.
DAVID HARSHBARGER
Marine Director
Tony Me um
Tidelands Administrator
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CITY OF NEWPORT BEACH
HARMOR PERSAIIINAIT
PERMISSION,' 15 W;-MMESY 70 COYSTRUCT Atir
MAINTAIN, THE FAC'U-,,,',TY R EVE R I.", E HEREOF
�T THIE SITE Pif"v:s
THE HARSCR Pa., !,c
0EAC7_4 AIM.
ANY SPE��,AL CO�t�z KTi"CHS
iS '407 TFfeu` EFE�uvaLE
-AND Th -.5 PaRlMiT %"A F,EVOii'-ED S;Y THE- CiTY CGL�fW.ii
IN ACCORDANCE YVM-, -,�—Tll':L��E �17THE rfiyf,4iC;PAL CODE.
PERM IT NO.
SPMAL C3NDITMNS:
Permit
Grl�:n�=,e Cc -anti Peirmit
Other e
/ 2- — / 6 —,g� �) —
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27,
DA
.SEE ATTACHIED S-HEET
C JDtj
By YC NCE
New" W� MEL W- a X�_w
State of Calif
Califorriia Coastal Conwission
South Coast District
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, Cafifomia 90801-1450
(213) 590-5071
STAFF LEWT: ADMINISTRATIVE ITEM
77
MW 3/11/83
4M my4/29/83
Igam my 4/6/ 8 3
gp_vy D.H. Pickens
gD=� gy Pete Xander
=WTNW= 3/24/83 rm
nw=nm 4/13-15/83
APPLICANT: Arnold Feuerstein— AGENT: - steve 'Rarrett___
PERMIT NO.: 5-83-144 (Feuerstein)
PROJECT LOCATION: 301 Via Lido Soud, Newport Beach
PROJECT DESCRIPTION: Revision of existing private boat dock b-4- d*
construction of new pier, ramp and finger float in cqn ��'lnhg
single-family residence.
4PR"
192 S41. J
LOT AREA n/a ZONING R-1 2,
BLDG. COVERAGE n/a PLAN DESIGNATION untip-sizPatpA CP
G.P., LUP draft, LUP—adopt, LUP cert L
PAVEMENT COVERAGE n/a PROJECT DENSITY 4-a
LANDSCAPE COVERAGE n/a HEIGHT ABV. FIN. GRADE n/a
LOCAL APPROVALS RECEIVED Approval in Concept, Newport Beach
SITE CHARACTERISTICS : Flat, adjacent to the water on Lido Isle.
SURROUNDING LAND USE:
COASTAL ACT ISSUES:
Similar type -residences, majority with private
boat slips.
Public Access/Certified Land Use Plan Consistency
- 1 -
(continued)
EXECUTI E DIRECTOR'S ACTION
Approval with Conditions
The Executive Director hereby issues, subject to the conditions below,
a permit for the proposed developme t on the grounds that the develop-
ment as conditioned, will'be in conformity with the provisions of
Chapter 3 of the California Coastal &t of 1976, will not prejudice
the ability of the local goverment having jurisdiction over the area
to prepare a Local Coastal Program conforming to the provisions of Chapter
3 of the Coastal Act, is located between the sea and the first public road
nearest the shoreline and is in conformance with public access and public
recreation policies of Chapter 3 of the Coastal Act, and will not have
any significant adverse impacts on the environment within the meaning of
the California Environmental Quality Act.
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgement. The permit is not valid
and construction 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
Commliss-ion office.
2. Expiration. If construction has not commenced, the permit will
expiie two years from the date on which the Commission voted on the
application. Construction shall be pursued in a diligent manner and
completed in a reasonable period of time. Application for extenstion
of the permit must be made prior to the expiration date.
3. Compliance. All con struction must occur in strict compliance with
the proposal as set forth in the application for permit. subject to d
any special conditions set forth below. Any deviation from the approve
plans must be reviewed and approved by the staff and may require Commission'
approval.
4. Interpretation. Any questions of intent or interpretation of any
'ition will be resolved by the Executive Director or the commission.
cond
5. Inspections. The Commission staff shall be allowed to inspect
the site and"—tFe development during construction, subject te 24-hour
advance notice.
6. Assi ent. The permit may be assigned to any qualified person.
prov'Red. assignee files with the Commission an affadavit accepting all
terms and conditions of the permit.
7. Terms and Conditions RMR with the Land. These terms and conditions
shalY-be perpetual, and it is the Intentlo—n of the Commission and the
permittee to bind all future owners and possessors of the subject
property to the term and conditions.
2 (continued)
Ii.
III.
1_ 5-83-144
SPECIAL CONDITIONS: NONE
EXECUTIVE DIRECTOR'S DETERMINATION
A. Project DesCT1 tion. Revision of existing private boat dock
including construction of new pier, Tamp and finger float in
conjuntion with single-family residence.
B. Lateral Access. Section 30210 and 30211 of the Coastal Act
states:
� Section 30210.
In carrying out the requirement of Section 4 of
Article X of the California Constitution, maximum access,
which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people
consistent with public safety needs and the need to protect
public rights, rights of private property owners, and
natural resource areas frcm overuse.
(Amended by Ch. 1075, Stats. 1978.)
Section 30211.
Development shall not interfere with the public's right
of access to the sea where acquired through use or
legislative authorization, including, but not limited to,
the use of dry sand and rocky coastal beaches to the first
line of terrestrial vegetation.
T'h,e entire permeter of Lido Isle includes sandy beach of varying
width which is publicly owned. The Executive Director determines
that the proposed project does not require dedication of public
lateral access and is consistent with Sections 30210 and 30211
of the Coastal Act.
C. Vertical Access. Policy No. 6, Page 8 of the Certified Land
Use Plan for e City of Newport Beach states:
"Vertical access from the nearest public roadway to the shore-
line shall be provided in new development by means of
dedication of easements except where adequate access exists
nearby...."
There are fourteen four foot wide dedicated public vertical accessways
on Lido Isle. These accessways are spaced at an average distance of
550 feet apart, the longest distance being 1400 feet. The proposed
project is located approximately 600 feet from one of these access -
ways.
The Executive Director determines that there is adequate public
vertical access in the project area and, further, that approval
of the project is consistent with the access policies of the City
of Newport Beach Certified Land Use Plan. The Executive Director
further determines that the project, as submitted, will not 'prejudice
the ability of the City of Newport Beach to implement the Certified
Land Use Plan portion of the City's Local Coastal Program.
- 3 -
m
5.83-144
EX141 BIT i
November 1, 1982
TO: CITY CLERK
FROM: Marine Department
SUBJECT: AGENDA FOR CITY COUNCIL MEETING NOVEMBER 8� 1982
Please'in'clude the following on -the Agenda of the November�!�8, 1982
,city council meeting.
1. kreport1rom the Marine Department regarding Harbor'Permit
Application'173-301 by Arnold D. Feuerst-ein to revise'the pier
and float at 301 Via Lido Soud.
ACTION: If desired, approve the application subject to the
conditions listed in the staff report.
DAVID HARSHBARGER
Marine Director
Tony Me1v m
Tidelands Administrator
STATUS SHEET
HARBOR PERMITS
LOCATION JW Ili Z110 J;,Wal New
PERMIT NO. Revision
APPLICANT NAME Dredging
CONTRACTOR
Date Rec'v Fee Amt. Fee Processed V/
Date Reviewed by Marine Dept.
Approved Denied
Corection Required - Description
City Council: 100 71 Approved k1
Remarks
REMARKS
DATE FINAL INSPECTION
Denied
SARWQCB J.H.C. OR. CTY. T.I.C.
DATE MATERIAL
SENT/APPROVED
C.O.E.
SCRZCC
1.
Application
2.
Consent Ltr.
3.
"Waste" Ltr.
4.
Drawings
5.
Staff Report
6.
7.
8.
REMARKS
DATE FINAL INSPECTION
Denied
SARWQCB J.H.C. OR. CTY. T.I.C.
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January 9, 1978
CITY 0 F NEWPORT BEACH
W. Sheldon Purington
301 Via Lido Soud
Newport Beach, CA 92663
Dear Mr. Purington:
The City of Newport Beach has received an application to transfer
the pier and slip located at 301 Via Lido Soud, Lido Isle -Pier
Permit number 173-301.
In complaince with Section 10 of the Harbor Permit Policies, an
inspection of the structure was conducted on December 8, 1977 by
the Marine Department. As a result of this inspection, it was
determined that the following deficiencies exist:
1. General condition of decking was poor with dry rot and
unsafe areas near ramp and midway out on the west finger.
2. North pier hanger broken
3. Electricity does not conform to the City's electrical
code as advised by building insprector.
In accordance with Section 10-D of the City Harbor.Policies, "All
structural deficiencies must be corrected..." A permit for this
work must be obtained from the Community Development Department.
Also as a result of this inspection, it was determined that the
over-all measurement of the pier and slip does not conform to the
permit on file. The Harbor Permit Policies will allow a structure
to extend 70 feet bayward of the bulkhead line in this area. As
shown on the attached drawing, your pier and slip extend a total of
80 feet 6 inches bayward of the bulkhead line.
City Hall -a 3300 Newport Boulevard, Newport Beacb, California 92663
W. Sheldon Purington
In complaiance with Section 10 and Section 23 of the Harbor Permit
Policies, the fingers of the existing slip must be brought back to
within 70 feet of the bulkhead line.
If you have any questions, please contact me at 640-2156..
Sincerely,
Ray Garver
Tidelands Aide
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TO:
MAYOR
GEN. SERVICES
COUNCIL
LI-BRARY
E] MANAGER
MARINE SAFETY
E] ASST. MGR.
F� PARKS & REC.
E] ADMIN. ASST.
7 PERSONNEL
ATTORNEY
-1 POLICE
CITY CLERK
PUBLIC WORKS
COMM.DEV�
F-1 PURCHASING
FINANCE
F� TRAFFIC
FIRE
FOR:F7ACTION & DISPOSITION
F-1 FILE
INFORMATION
REVIEW &
COMMENT
RETURN
REMARKS: ------- ----------------- L
................. ........................................................................................
................................ .........................................................................
..........................................................................................................
--------------------------------------------------
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FROM:
.....................................................
................
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Department' of Community Development
t/ F0 FL
DATE: January 3, 1978
TO: Tidelands Coordinator
FROM: Chief Building Inspector
SUBJECT: Pier and Float Electrical Wiring at
301 Via Lido Soud, Lido Island
The electrical wiring to the above pier and float
does not conform to the City's Electrical Code
requirements, and should be considered a potentially
hazardous condition.
Ted B. Kirkhart
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CITY OF NEWPORT BEACH
Apri 1 28, 1980
Bank of Newport
Escrow Department
Dover at 16th
Newport Beach, CA 92663
Re: Escrow #4579
Dear Sirs:
The problems wi'th the pier and float at 301,Via Lido Soud have
been corrected as 1 i,ndi,cated i'n my letter to you on April 10, 1980.
The Harbor Permit can therefore,be.transferred into the name of the
e of $165.00 has been pai'd. It is my
new owner,once the transfer fe
understanding that thi's fee will be forthcoming at the close of
escrow.
'If you have further questions in this regard,�please call 640-2156.
Sincerely,
Tony Mel6m
T'idelands Administrator
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City Hall 3300 Newport Boulevard, Newport Beach, California 92663
CITY OF NEWPORT BEACH
r)
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April 10 1980
Bank of Newport Escrow
Dover at 16th
Newport Beach, CA 92663,
Re: Escrow #4579
Dear Sirs:
On Aprfl.10,,1980 I re -inspected the pier and.float at 301 Via Lido
Soud at the owner's request. As was pointed out in my letter of
February 6, 1980, there were electrical and waterline problems at
the structure. The owner has indicated that the -electricity has
been cut off to�the dock,as has the water. My i'nspection indicated
that was so. As long as this situation remains, the deficiencies
I pointed out in February need not be corrected., However, if these
services are reconnected, the following must take place:
1. The water.line to the dock must have a City approved anti,
siphon valve.
2. The electri�cal-wfre on the pier and float must be encased
in'conduit.
If you have any questions-ln�-this regard, please call 640-�-2156.
Sincerely,
Tony Melum
Tidelands Administrator
Marine Department
TM:nn
City Hall 3300 Newport Boulevard, Newport Beach, California 92663
77
0
CITY OF NEWPORT BEACH
U
CALIFORNIA
City Hall
3300 W. Newport Blvd'.
Area -Code 714
Sebruary 6, 198Q 640-2156
Jieritage Bank E; 4 -
scrow
2171 Campus Drive
�e, VK
Irvine, CA 92715
Escrow #3 -60a -P,
Dear Sir:
The City Of Newport Beach has 'received an application to
transfer ier�permit # M-301 for the property located at
301 Via LIX6 Soud
The structure was inspected on 1-31-80 at which time it
was . determined that.the following deficiencies exist:
l.. No antisyphon valve.on-the water1ine to the float.
2. Elect�
fcal wires, -.to float must be encased in conduit.
3.
4.
5.
In accordance with Section 10-D of the City Harbor Permit
Policies I "All structural deficiencies must be corrected....
A
,permit for,this-work must be obtained from the Marine
Department.
.Would you please.
advise this.depar�tment when this requirement
has been met. If you have any questions, please�contact me at
640-2156. Thank you for your cooperation.
Sincerely,
Torly 'Melum
Harbor Inspector
Marine Department,
TM: 11
Bank of Newport
-aQ-\,/L9-4,--16a,STkEET90l Dover Drive uite 120
NEWPORT BEACH, CALIFORNIA 92663
(714) 645-5333
TO City of Newport Beach DATE January 25, 1980
City Hall
3300 Newport Blvd. SUBJECT
Newport Beach Ca 92663 PIER AND BOAT SLIP TRANSFER
ATTN: TONY MELUM HARBOR INSPECTOR
We enclose Applicationto transfer,H.axbbr Permit on property located at 301 Via Lido
Soud, Newport Beach, California. Please send us your statement for said transfer.
WSincere)fy
*f icer
ao 1 AoroEscr
MISC. 25 om
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STATUS SHEET
HARBORYERMITS
TRANSFER
Location,-� fo 44 a/ Permit #
Date Application Received 7-7 Fee Rec1d
Oral Request for Inspection
Escrow Co. Date
�Date Inspection Made
Date Deficiency Letter Sent (if applicable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
Date Transfer Completed
V
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BUYERS'.NAME(S)
AD PERMIT
DRESS OF FACILITY:
301 Via Lido Soud
Kenneth Satin
Cal
MAILING ADDRESS
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via YOU, Alli$".
W.Sl�;ELDONV PURINGTOii
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APPROVED BY- DATE
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SIGNATURE OF JOINT OWNER
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APPLICATION APPROVED (I)ATE)
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CITY HARBOR COORDINATOR
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S ECIAL CONDITION'4' THIS PERMIT IS REVOCABLE19Y THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17
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CITY OF NEWPORT BEACH, CALIF.. �wx FORM 66-1013 REV.
BUYERS"RAME(S)
ADDRESS OF FACILITY: PERMIT
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�CITY OF NEwPbRT BEACH, CALIF. WX FORM 66-1,!Dl REV.,
BUYERS?� N ME
ADDRESS OF fACILITY:
ADDRESS OF FACILITY.. PERMIT t
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BUYERS?� N ME
ADDRESS OF fACILITY:
PERMIT
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APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT
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SIGNATURE OF SELLER SIGNATURE, OF BUYER
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"APPLICATION -A 'AT
CITY HARBOR COORDINATOR
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SPECIAL COND.ITIONS,,THI,�5,Pg�RMITISREVO(�.AiaLg�.l�y,'THF-CI7,Y-
-DANCEr,
crry OF NEWPORT BEACK CALIF. WX FORrd'.667lQ,13-.REV.l'
STATUS SHEET
HARBOR PERMITS
TRANSFER
Location Permit #
ve� Z'7 -
Date Application Received Fee Rec1d
Oral Request for Inspection
Escrow Co. Date3
2,1, 7
�iate Inspection Made
Date Deficiency Letter Sent (if applicable)
Date Deficiency Corrected (if applicable)
Date Orange County Notified (if applicable)
-4-3-7Y Date. Transfer Completed
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SECURITY PACIFIC NATIONAL BANK
Newport Beach —BRANCH 675-8200
P. o. Box 1847
Newport Beach —CALIFORNIA92663
FPier permit dept. DAT E April 2, 1975
City of Newport Beach ESCROW No. 72-905
3300 Newport Bltvd
Newport Beach, Ca 92660 Re: 301 Via Lido Soud
Gentlemen:
The above property has been transferred (deed recorded April 2, 1975) to
Raymond J. Lull and Lillian I. Lull, whose mailing address is
12333 Cinnabar Rd., Santa Ana, Ca 92705.
Enclosed is application for transfer of the existing pier and float permit
from Evelyn F. Williams (who placed title in March 1975 in Evelyn F. Derrick and
C. Hobson Derrick, Co trustee) to Mr. and Mrs. Lull. Also enclosed is escrow
check in the amount of $100.0., Blease issue pier permit to new owner.
er
n"i S�Mllc
Chd.s Co-oeland,,/f,�
Senior �scrow Officer
02800-1 11-73* 100 JOY Escrow Department Letterhead
/ ;23 -JR C I
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3300 Newport Bowlevard NCWPO'�t 92660
714/673-2i'A0
June 26, 1974
Mrs. Evelyn Williams
301 Via Lido Soud
Newport Beach, Calif.
Dear Mrs. Williams:
We have again received and have on file a letter of
complaint, dated June J-7, 1974, regarding violations
of vessel encroachment onto adjoining property.
City Council Harbor Perr.,,itL_ Pol!]_cv, Section 21, Moorings
specifies that a boat rLiocred at private docks shall not
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extend beyond the pro-ection of '-he property line of --I!&
property to which the dock facility IS connected.
A review of your Harbor Per-_-Li-L -�','173-301 reveals t-har-
you have approximately a 10' setback on the east side
of your home and a 5' setback on tl-ie st-reet-end side.
Voluntary correction of the encroachment will avoid
direct Council involvement and hopefully further involve-
ment by this department.
If you -have any questions, please contact me at 673-2110
ext. 291.
Very truly yours,
Glen E. Welden
Marine Affairs Aide
Marine'Safety Department
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MAPaNE SAFETY DEPARTMMUNT
70 Newport Beach
14ay 4, 1972
Mrs. I'lary A. 411oward
305 Via Lido Soud
Newport Beach, California 92660
Dear Mrs. Howard-,
We have received and have your letter dated may
2# 1972 on file.
Please find enclosed a cOPY of the letter I
have Sent to Mrs, Evelyn Williams.
Since--aly,
D. Harshbarger, Captain
Marine Safety Department
DH -.1f
Enclosure
14ARINE SAPSTY DEPARZINIENT
70 Newport Pier
-4,rs* Evelyn willians
301 Via Lido Soud
Newfoort Beache California
Dear Mrs. 117illiams:
We have received and have On file a letter of coiTpiaint
dated Flay 20 1972. The letter to this department
expres!:�,�ed Qol-Icerl, over viola�_io
'jis 00
'less,
to adjoining property. encroachment
City Council Harbor Permit policyo Section 21. mooXrings
SPC-cifies that a boat moored at private docks shall not
extend beyond the projection of t1ae prop
?_ erty lines of
the property to which the dock facility is connected.
1 have reviewed Your current Harbor Penmit #173-301
(driuving).. This drawing sklows that you have approximately
a 101 setback frorm the comnton property, in
- 14 e On the South-
east side of your home. The setback adjacent to the
street -end is 51. In other words You Would be in violation
if you or your guests side tie a boat to your slip with a
beam wider than the corresponding setback distance.
However, it is hoped that you can voluntarily and anicably
correct the situatioa in order to avoid Council and our
being required to become directly involved,
Please feel free tO call or write this Office if we can,
be of further assistance in clarifying the City Council
Harbor Permit Policy.
sincerely,
Do Harshbarger, Captain
Marine Safety Department
DH:lf
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PERMISS�0N IS HEREBY GRRANTED TO Cf�kl�!,TRUCT AMr
PAAMITA�iq THIFE' F=LVFY SH�ny,,-� Tl--��Z FZNEIVER-�'iZ HEREOF
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AMID THIS PERMIT MAY --E PFVGKE,,"�� DY IHZ CiTY COUH'Cit
IN ACCORDANCE WITH TITLE 17 THE VMUMIC'PAL CODE.
CITY HAE.,4-OR r,00RDINATOR
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