HomeMy WebLinkAboutM2007-0023WORKSHEET FOR BUILDING / FIRE PERMIT APPLICA
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
01 CA CC DDIRIT r%D TVDP
SOURCH DIV.
I%Y"VVpC,j1�T n,!:,ACH
I
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
lo 19 �i iq Liao AIDAD -Be r4c 14
CITY STATE ZIP
0-06TI9 MEs-,q On
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT
D&hqqEq
2. DESCRIPTION OF WORK REmoVe � -RePL-(4cg-- 9E:ALL3ALt- IA -I USE
I -HE- gprne. Locia-poij. -ReMOVE � -RaPLaCE- DQe-K
# OF STORIES
NEW 5/'- ADD r -j ALTER 0 DEMO 0
Chp-r-k Annronriate Box for Armlicant
VALUATION $ 360
SQ FT
r-1 3. OWNER'S NAME LAST FIRST
?A I m /,n 0, pe
OWNER'S ADDRESS
OWNER'S E-MAIL ADDRESS
%-�pj ltarE:Rt4prj0,AjRL., JAC.
CITY STATE ZIP
0-06TI9 MEs-,q On
PHONE NO.
9j4q 42��c- 3a74
F1 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
D&hqqEq
ARCH ITECT/DES I GN ER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
aols- AfElipop-T- -BLVD
I -
CITY STATE ZIP
011)6T -a ME -6)q 0-19 c?, :,)- I, �, 7
PHONE NO.
q4q &�;-o- 80-11A�
rl 5. ENGINEER'S NAME LAST FIRST
STATE'LIC. NO.
WIL-L.Itqm gIM pt,,GAI � jq S50r. j jq r jq p- I MnsoLw
881c;I-
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
I.,s-/ Kk)L-mL)6 Wiqe- �f -/40
mail(?, ws-ar-pa -wsa. Cot),)
CITY STATE ZIP
PHONE NO.
cos-rft ME -en 0,,; 'y ?,Q &:g- 4o
71* q34 q,7_1
6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
e)AE:L-l-MAV-e-p- b1c,
0 00 q '70 40
No. 574-14-,34- Class'948
CONTRACTOR'S ADDRESS
CONTRACTOR'S E-MAIL ADDRESS
tCITY STATE ZIP
PHONE NO..
OFFICE USE ONLY
PERMIT NO.
TYPE OF CONSTRUCTION PLAN CHECK No. _lLb,:L
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
Forms\Bldg_application 8/21/U4
CITY OF NEWPORT BEACH
47 RAIUNG
IROPOSED BLDG
LL & Fro
-N-T A PART
THIS SU..TTAL
P V
FINISH GRADE
P9
J-1n�-,_ 'I�
T P OF COPING
0
BLEV - _;12T8' MLLW
17�_
N,
.4i
. . . . . . . . . .
Fb -
TIE -ROD SEE PLAN
No 'J�
at
32 -0'
---------------
_2
PAN 1111.1111 WALL PANEL I
BOT OF ELS
TYPICAL BULKHEAD SECTION N. T. S.
VICINITY MAP N. T. S. SOUNDINGS ARE EXPECTED IN FEET
NEWPORT BAY, CALIFORNIA t4ORtH AND DENOTE ELEVATIONS BASED ON
MEAN LOWER LOW WATER.
30'-0" 24'-6" -U.S. PIERHEAD LINE
0
,—EXISTING FLOATING DOCK TO
BE REPLACED TYPICAL
0
PROPOSED FLOATING DOCK
PROPOSED 30' LG 4' TO REPLACE THE EXISTING
WIDE ALUMINUM
GANGWAY
0
-1 - . _J
0
00
PROPOSED 2-14" SQ
C
ONCRETE PILES
LO
5'-6" 5.-6..
tL 0.1 T.O. PROPOSED CONC COPING
-I r ELEV = +12.18' M.L.L.W.
PROPOSED EXISTING WOOD
CONC DECK
12'-0" DECK TO BE /—FACE OF BULKHEAD AT THE
REMOVED ADJACENT PROPERTY TYPICAL
PROPERTY LINE
EELGRA"SIFLUU110 ---------
• Eelg -ass within 15'of project
• Eelgass. within 15 - 30' of project
MN E Gig s in roject area
NOTE:
THE EXISTING BULKHEAD SHALL BE
REPLACED IN ALIGNMENT WITH
Signature
NEIGHBOR'S BULKHEAD ON EA SIDE.
LU
(LIKE FOR LIKE CONSTRUCnON)
0
inspection Date & Time -,—MIN %"0 THREADED
TIE -ROD TYP (TOTAL
OF 6)
I ARBOR RESOURCES Di
FDN OF THE
PROPOSED HOUSE -
NOT A PART OF THIS
C ffy OF NEVORT BEACH SUBMITTAL <1
*I "? I \—CONT CONC 011
IEW C, /07 77'-6"± DEADMAN TYP
J�V N. T/(So. (VERIFY)
OWNER : Mr. Gary Primm LOTS 66, 65 Northerly half of lot 64 TRACT 907
JOB ADDRESS : 618 Via Lido Nord CONTRACTOR: SHELLMAKER, INC. DATE :
Newport Beach, CA 92663 2035 F PLACENTIA AVENUE 02/05/07
COSTA MESA, CA 92627
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 6
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: July 11, 2007
(562) 590-5071 Permit No: 5-07-081
COASTAL., DEVELOPMENT PERMIT
On June 14, 2007, the California Coastal Commission granted to Gary Primm
Coastal Development Permit 5-07-081, subject to the attached Standard and
Special Conditions, for development consisting of:
Demolition of existing single family residence and demolition and
replacement of existing bulkhead/seawall along existing alignment
including 411 cubic yards of grading and demolition of existing floating
dock and pier system and construction of a new larger floating dock and
pier system in a modified configuration. More specifilcally described in the
application file in the Commission offices.
The development is within. the coastal zone in Orange County at 61 8 Via Lido
Nord, Newport Beach.
Issued on behalf of the California Coastal Commission on July 11, 2007.
PETER DOUGLAS BY:
Executive Director Title: (O'e-astal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A p ublic entity is not liable for injury caused by the
issuance . . . of any permit . . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 2 of 6
STANDARD CONDITIONS
1 Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of'the permit, signed by the,
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified. person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1. Storage of Construction Materials, Mechanized Equipment and Removal of
Construction Debris
The permittee shall comply with the following construction -related requirements:
1 . Erosion control/sedimentation Best Management Practices (BMP's) shall
be used to control sedimentation impacts to coastal waters during
construction. BMPs shall include, but are not limited to: placement of
sand bags around drainage inlets to prevent runoff/sediment transport into
the storm drain system and a pre -construction meeting to review
procedural and BMP guidelines;
2. Construction debris and sediment shall be removed from construction
areas each day that construction occurs to prevent the accumulation of
sediment and other debris which may be discharged into coastal waters.
Debris shall be disposed of outside the coastal zone, as proposed by the
applicant.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 3 of 6
2. Cement Slurry Best Management Plan
Prior to issuance of the coastal development permit, the applicant shall
submit for the review and approval of the Executive Director, a Best Management
Plan that effectively assures no cement slurry or other construction byproduct will
be allowed onto the sandy beach and/or allowed to enter into coastal waters.
During cement slurry application specifically, the Plan shall at a minimum provide
for all cement slurry to be contained through the use of tarps or similar barriers
that completely.enclose the application area and that prevent cement slurry
contact with beach sands and/or coastal waters. All cement slurry and other
construction byproduct shall be properly collected and disposed of off-site.
3. Water Qualit
-Construction Responsibilities and Debris Removal
A.
(1) No construction materials, equipment, debris, or waste will be placed
or stored where it may be subject to wave, wind, or rain erosion and
dispersion.
(2) Any and all construction material will be removed from the site within
10 days of completion of construction.
(3) Machinery or construction materials not essential for project
improvements will not be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will
be utilized to control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible
but no later than the end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered
by divers as soon as possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne
berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner
that protects water quality pursuant to the implementation of the following BMPs.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 4 of 6
(1) Boat Cleaning and Maintenance Measures:
a. In-watertop-side and bottom-side.boat cleaning shall minimize 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
cleaning and maintenance products containing ammonia, sodium
hypochlorite, chlorinated solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water,
absorbent materials, oily rags, lead acid batteries, anti -freeze,
waste diesel, kerosene and mineral spirits will 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 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 contaminated liquids.
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.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 5 of 6
4. Eelarass Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass
(Zostera marina) survey shall be completed during the period of active
growth of eelgrass (typically March through October). The pre -
construction survey shall be completed prior to the beginning of
construction and shall be valid until the next period of active growth. The
survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game.
The 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.
Construction Eelgrass Survey. If any eelgrass is identified in the
B.
project area by the survey required in subsection A of this condition
above, within one month after the conclusion of construction, the applicant
shall survey the project site to determine if any eelgrass was adversely
impacted. The survey shall be prepared in full compliance with the
"Southern California Eelgrass Mitigation Policy" Revision 8 (except as
modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California
Department of Fish and Game. The applicant shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey.. If any
eelgrass has been impacted, the applicant shall replace the impacted
eelgrass at a minimum 1.21 ratio on-site, or at another location, in
accordance with the Southern California Eelgrass Mitigation Policy. All
impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21
(mitigation: impact). The exceptions to the required 1.21 mitigation ratio
found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit
unless the Executive Director determines that no amendment or new
permit is required.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 6 of 6
5. 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 applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
Ir/irn (G Permit 2007) primm
Document2 Printed on July 11, 2007
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
Californi7� Coa-1 - =ssion
South Coast
APPRO'Y D
PeradtNo--s—
Date: 0- -'7 -------
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove and replace seawall
in the same location. Remove and replace dock in a slightly different configuration.
Address number must be stenciled on at least 1 bayward facing pile.
1PIler conditions must be signed by applicant prior to final approval.
[P—r-ope!IX Address: 618 Via Lido Nord, NewRort Beach, CA 92663
[Harbor Permit Number: 175-618
JPIain Check Number: 0132-2007
jApplicant: Gary Primm
Applicant's Mailing Address: Fari International Inc
2015 Ntwport Blvd., Costa Mesa, CA 92627
Phone Number: (949) 650-3274
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
� They comply with the current adopted Newport Beach General Plan, Zoning
'Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
[i That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
in accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted hereunder, this development:
)� Has been determined to be ministerial or categorically exempt.
c. Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
W..,
"Ism
Lisa Walters, Harbor Resources
February 16, 2007
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
California Coastal Commission
South Coast District Office
APPROVED —Off
permit No. - - - � ------------------
By:
RgFIECLTUE -21 /0-)
Date: --------------- lo
STATE OF CALIMNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govern&
CALWORNIA COASTAL COMMISSION
Souy i Cowt Area Office Page 1 -of 6
2000ceaMate, Suite 1000
Long Beach, CA 90802-4302 Date: July 11, 2007
(562) 590-50-11 Permit No: 5-07-. 081-
k!';\ ��
COASTAL DEVELOPMENT PERMIT
On June 14, 2007, the California Coastal Commission granted to Gary Primm
Coastal Development Permit 5-07-081, subject to the attached Standard and
Special Conditions, for development consisting of:
Demolition of existing single family residence and demolition and
replacement of existing bulkhead/seawall along existing alignment
including 411 cubic yards of grading and demolition of existing floating
dock and pier system and construction of a new larger floating dock and
pier system in a modified configuration. More specifically described in the
application file in the Cornmission of fices,
The development is within the coastal zone in Orange County at 618 Via Lido
Nord, Newport Beach.
Issued on behalf of, the California Coastal Commission on July 11, 2007.
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By:
Title: (-doastal Program Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all
terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that- "A p ublic entity is not liable for injury caused by the
issuance ... of any permit . . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BE ' EN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).A r\
.IV
bate 4igrriatule of
Please sign and return one copy of this form to the -Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 85-0-7-081
Page 2 of 6
STANDARD CONDITIONS
1 Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of *the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit Will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee -to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1. Storaae of C
The permittee shall comply with the following construction -related requirements:
1. Erosion control/sedimentation Best Management Practices (BMP's) shall
be used to control sedimentation impacts to coastal waters during
construction. BMPs shall include, but are not limited to: placement of
sand bags around drainage inlets to prevent runoff/sediment transport into
the storm drain system and a pre -construction meeting to review
procedural and BMP guidelines;
2. Construction debris and sediment shall be removed from construction
areas each day that construction occurs to prevent the accumulation of
sediment and other debris which may be discharged into coastal waters.
Debris shall be disposed of outside the coastal zone, aS proposed by the
applicant.
COASTAL DEVELOPMENT PERMIT
Page 3 of 6
2. Cement SlurEy Best Management Plan
Prior to issuance of the coastal development permit, the applicant shall
submit for the review and approval of the Executive Director, a Best Management
Plan that effectively assures no cement slurry or other construction byproduct will
be allowed onto the sandy beach and/or allowed to enter into coastal waters.
During cement slurry application specifically, the Plan shall at a minimum provide
for all cement slurry to be contained through the use of tarps or similar barriers
that completely enclose the application area and that prevent cement slurry
contact with beach sands and/or coastal waters. All cement slurry and other
construction byproduct shall be properly collected and disposed of off-site.
3. Water Qualltv
X Construction Responsibilities and.Debris Removal
(1) No construction materials, equipment, debris, or waste will be placed
or stored where it may be subject to wave., wind, or rain erosion and
dispersion. -
(2) Any and all construction material will be removed from the site within
10 days of completion of construction.
(3) Machinery or construction materials not essential for project
improvements will not be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will
be utilized to control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removedas soon as possible
but no later than the end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered
by divers as soon as possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne
berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner
that protects water quality pursuant to the implementation of the following BMPs.
COASTAL DEVELOPMENT PERMIT
IN
ljo� 5-07-081
, Page 4 of 6
(1) Boat Cleaning and Maintenance Measures:
In -water top -side and bottom -side boat cleaning shall minimize the
discharge of soans.
.— paints, and debris.
b. I n -the -water hull scraping or any process that occurs underwater
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 phosphate4ree and
biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat
cleaning and maintenance products containing ammonial 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 absorbents must therefore
be disposed in. accordance with hazardous waste disposal
regulations. The boaters will regularly inspect and maintain
engines, seats, 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 contaminated liquids -
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.
COASTAL DEVELOPMENT PERMIT
No. 5-07-081
Page 5 of 6
4. Eelgrass SunLey
A. Pre Construction Eelgrass Survey. A valid pre-const'ruction 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 "Southem California-
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game.
The applicant shall submit the eelgrass survey for the review and -approval
of the Executive Director within five (5) business days of completion of
each eelgrass survey and in any event no later than fifteen (15) business
days,prior-to commencement of any development. If the eelgrass survey
identifies any eelgrass within the project area which would be impacted by
the proposed project, the development shall require an amendment to this
permit from the Coastal Commission or a new coastal development
permit.
B. Post Construction Eelgrass Survey. � If any eelgrass is identified in the
project area by the survey required in subsection A of this condition
above, within one month after the conclusion of construction, the applicant
shall survey the project site to determine if any eelgrass was adversely
impacted. The survey shall be prepared in full compliance with the
"Southern California Eelgrass Mitigation Policy" Revision 8 (except as
modified by this special condition) adopted by the National Marine
Fisheries Service and shall be prepared in consultation with the California
Department of Fish and Game. The applicant shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted'
eelgrass at a minimum 1.21 ratio on-site, or at another location,.in
accordance with the Southern California Eelgrass Mitigation Policy- All
impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1
(mitigation: impact). The exceptions to the required 1.21 mitigation ratio
found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a hew coastal development permit
unless the Executive Director determines that no amendment or new
permit is- required-.
COASTAL DEVELOPMENT PERMIT
No- 5-07-08".
Page 6 of 6
5. Pre -construction Cautqr
pa Taxifolia Survey
A. Not earlier than 90 days nor later than 30 days pri , or 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 Departm ent 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 applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur wiffiout a Coastal Commission approved,amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
Jr/irn fG Permit 2007) p,knrn
Docurnent2 Printed on July 11, 2007
REPLY TO
ATTENT ION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 9W53-2325
Gary Primm, Fari International Inc.
C j'O: Lisa Miller
Shellma-ker, Inc.
2035F Placentia Avenue
Costa Mesa, Catlifornia 92627-6200
Dear Mr. Primn-i:
July 19, 2007
-1 ce I e)
Enclosed you will find a signed copy of your Department of the Army Permit (File # SPL-
2007-296-FBV). Please retain this copy for your files.
Thank you for participating in our regulatory program. If you have any questions, please
contact Forrest Vanderbilt at 21,3-452-3289.
S11 C r ly,
Mark Durham
Chief, South Coast Branch
Regulatory Division
Enclosure($)
ATTENTION OF:
Office of the Chief
Regulatory Division
Gary Primm, Fari International Inc.
C/O- Lisa. Miller
Shellmaker, Inc.
2035T PlacentiaAvenue
Costa Mesa, California 92627-6200
Dear Mr. Primm:
Reference is niade to your request, dated February 20,2007, (File No. SPL-2007-296-FBV).
Under the provisions of Section 10 of the Rivers and Harbors Act of Mardi 3,1899 (33 US.C. 403),
you are hereby authorized to remove and replace a currently existing dock system with a new
dock system consisting of a 1T x JAI pier, 4'x 30'gang-l-ray, and double "U" shaped floating dock
of two Tx 57fingers, one 4'x 40'finger, one Tx 24.5'lobe, and one I Vx 30'lobe. Seven new 14" x
14'pilings will be installed. n-teassociatedproject will take place bayward of 618 Via Lido Nord
in the City of Newport Beach, County of Orange, California (as shown on enclosed drawings).
'The owner or authorized responsible official nrust sign and date 6-11 copies of tl-ds Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Pen-nission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencenientfWiLhin 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process which is fully described in 333 CFR Part.3331. Phe.complete appeal
process is diagrammed in the enclosed Appendix B.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P-0 BOX 532711
LOS ANGELES, CALIFORNIA 9005-3-2325
REPLYTO
May 17, 2007
ATTENTION OF:
Office of the Chief
Regulatory Division
Gary Primm, Fari International Inc.
C/O- Lisa. Miller
Shellmaker, Inc.
2035T PlacentiaAvenue
Costa Mesa, California 92627-6200
Dear Mr. Primm:
Reference is niade to your request, dated February 20,2007, (File No. SPL-2007-296-FBV).
Under the provisions of Section 10 of the Rivers and Harbors Act of Mardi 3,1899 (33 US.C. 403),
you are hereby authorized to remove and replace a currently existing dock system with a new
dock system consisting of a 1T x JAI pier, 4'x 30'gang-l-ray, and double "U" shaped floating dock
of two Tx 57fingers, one 4'x 40'finger, one Tx 24.5'lobe, and one I Vx 30'lobe. Seven new 14" x
14'pilings will be installed. n-teassociatedproject will take place bayward of 618 Via Lido Nord
in the City of Newport Beach, County of Orange, California (as shown on enclosed drawings).
'The owner or authorized responsible official nrust sign and date 6-11 copies of tl-ds Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Pen-nission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencenientfWiLhin 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process which is fully described in 333 CFR Part.3331. Phe.complete appeal
process is diagrammed in the enclosed Appendix B.
-2 -
Thank you for participating in our regulatory program.
Sincerely,
M
A
Z)-Vlvk
Mark Durham
Chief, South Coast Branch
Regulatory Division
PERMITTEE DATE
pr"S�6,-A
gaf4re-��Ve (�,,
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this LOP will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below.
TRANSFEREE
Enclosure(-,-)
DATE
-3 -
PERMIT CONDITIONS -
General Conditions:
1. The time limit for completing the authorized activity ends oil May 17,2009. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
confo-�mance --with the terms and conditions of this permit. 'You are not relieved of thds
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit -from this office, which may require restoration of
the area.
3. ff you discover any previously unknown historic or archeological remains while accomplishing
the activity authorizedby t1iis permi+, you must irnmediate]N, notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
i-varrartt. a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Furthermore, you must comply with the following non -discretionary Special Conditions:
Special Conditions:
Section 10
1. The permitted activity shall not interfere with the right of the public to free navigation on all
navigable waters of the United States as defined by 33 C.F.R. Part 329.
2. No earthwork, is authorized by this Letter of Permission,
-4-
3. Creosote treated pilings shall not be placed in navigable waters unless all of the following
condittlons are met:
A) The project involves the repair of existing structures that were originally constructed
using wood products,
B) The creosote treated pilings are wrapped in plastic;
Q Meassures are taken to prevent damage to plastic wrapping from boat -use. Such
measures may include installation of rub strips� or bumpers;
D) The- plastic wrapping -is sealed atall joints to prevent leakage; and
E) The plastic material is expected to maintain its integrity for at least ten years, and
plastic wrappings that develop holes or leaks must be repaired or replaced in a timely
manner by the Permittee.
4. No other modifications or work shall occur to the structure permitted herein.
5. A pre -construction survey of the project area for Caulerpa taxifiolia (Caulerpa) shall be
conducted in accordance with the Caulerpa Control Protocol (see
httl2://sivr.ucsd.edu/Ilicd/C-c"v htm) not earlier than 90 calendar days prior to planned
construction and not later than 30 calendar days prior to construction. The results of that
sUrVeY sball be furnished to the Corps, NOAA Fisheries, and the California Department of Fish
and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In
theevent that Caulerpa is detected wifl-iii-i the project area, the Pern-dttee shall not commence
work until such time as the infestation has been isolated, treated, and the risk of spread is
,eliminated ass confirmed -in writing.by Vhe Corp.-,, in consultation with NTOAA Eishenesan-d
CDFG.
6. FOR -BOAT DOCKS and OTHER STRUCTURES PLACED IN WATER'S OF THE US. WITH --
THE POTENTIAL TO IMPACT EELGRASS: Once authorized impacts to navigable waters
authorized by this permit have ceased, the Permittee shall conduct two years of post -
construction celgrass monitoring surveys per the mapping guidelines in NOAA Fisheries'
Southern California Eelgrass -Mitigation Policy (Policy)
(htW://swr.mnfs.noaa.gov/hcd/�-elpol-htm). All required post -construction monitoring surveys
shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days
of each survey completion date. Based upon the post -construction monitoring survey results
and in accordance with the Policy, the Corps will determine the need and/or amount of
Essential Fish Habitat (EFH) mitigation required to offset adverse impacts to such habitat. The
Corps will transmit its deternaination to the Permittee in writing. Within 60 calendar days of
receiving the Corps' determination specifying the need and amount of mitigation, the Permittee
shall submit a draft EFH mitigation plan to the Corps for review and approval. The EFH
mitigation plan shall be prepared in accordance with the Policy and the Corps' Los Angeles
District Mitigation Guidelines and Monitoring Requirements, dated April 19, 200A. The
Permittee shall fully implement the final EFH mitigation plan as approved by the Corps.
-5-
7. FOR DR -EDGING PROJECTS WITH THE POTENTIAL TO IMPACT EELGRASIS: Prior to
each maintenance dredging event, a pre -project eelgrass survey should be conducted in
accordance with the Southern California Eelgrass- Mitigation Policy (SCETTVIP),
(http://s,AT.nmfs.noaa.gov/hcd/eelpol.htm). If the pre -project survey demonstrates eelgrass
presence witbin the project vicinity, a post -project survey should be conducted and in-rpacts to
eelgrass mitigated in accordance with the SCEMP.
8, The PermiHee s- _h, -)nlv clean. construction material- _uitable for use in the oceanic
hall disr Irge i
environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or
concrete washings thereof, oil or petroleum -products, from construdion shall be allowed to
enter into or placed where it may be washed by rainfall or runoff into waters of the United
States. Upon completion of the project authorized here -in, any and all excess material or debris
shall be completely removed from the work area and disposed of in an appropriate upland site.
9. The Perinittee shall notify the Corps of the date of commencement of operations not less than
14 calendar days prior to commencing work, and shall notify the Corps of the date of
completion of operations at least five calendar days prior to such completion.
10. The Permittee shall notify the Commander, Eleventh Coast Guard DistriM and the Coast
Guard Marine Safety Office / Group LA -LB, not less -than 14 -calendar days prior to commencing
work and as project information changes. The notification, either by letter, fax, or e-mail, shall
include as a minimum the following information:
A) Project description including the type of operation (i.e. dredging, diving,
construction, etc) -
B) Location of operation, including Latitude / Longitude (NAD 83).
C' Work start and completion dates and the expected duration of operations.
D) Vessels involved in the operation (name, size and type).
E) VHF -FM. radio frequencies monitored by vessels on scene.
F) Point of contact and 24 hour phone number.
G) Potential hazards to navigation.
H) Chart number for the area of operation.
Addresses:
Commander, 1 1th Coast Guard District (can)
Coast Guard Island, Building 50-3
Alameda, CA 94501-5100
ATTN: Local Notice to Mariners
TEL: (510) 437-2986
FAX: (510) 437-3423
FAX: (310) 732-2029
U.S. Coast Guard
Marine Safety Office / Group LA -LB
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
Attn: Waterways Management
TEL: (310) 7,32-2020
F -I
11. The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage,
make fast to, or interfere with any aids to navigation defined at 33- C.F.R. chapter 1, subchapter
C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District
in writing. with a copy to the Corps, not less than 30 calendar days in advance of operating any
equipment adjacent to any aids to navigation which requires relocation or removal. Should any
federal aids to navigation be affected by this project, the Permittee shall submit a request, in
writing, to the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee
and it5 contractor are pr(��bibited.frt-)m-relocati.ng or removing any aids to navigation until
authorized to do so by the Corps and the U.S. Coast Guard.
12. Should the Permittee determine the work requires the placement and use of private aids to
navigation in -na-vigable waters of the U-9-, the Permitteeshall -submit a requestin writingto-the
Corps as well as the U.S. Coast Guard, Aids to Navigation office. The Permittee is prohibited
from establishing private- aids to navigation in navigable waters of the U.S- until authorized to
do so by the Corps and the U.S. Coast Guard.
13. Upon notification to the U -S. Coast Guard as specified in Special Condition 10, the Permittee
shall forward a copy of the notification to the Coast Guard Captain of the Port (COTP). The
COTP may modify the deployment of marine construction equipment or mooring systems to
safeguard navigation during project construction. The Pern-tittee shall direct questions
concerning lighting, equipment placement, and mooring to the appropriate COTP.
14. Within 30 calendar days of completion of the project authorized by this permit, the
Permittee shall conduct a post -project survey indicating changes to structures and other
fee -tures in navigable waters. The Permittee shall forward a copy of the survey to the Corps and
to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton,
NOAA, Regional Manager, West Coastat-id Pacific Ocean, DOD CenterMonterey Bay, Room
5082, Seaside, CA 93955-6711.
15. The permittee understands and agrees that, if future operations by the United States require
the structure or work therein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the
free navigation of the navigable waters, the permittee will be -required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United States
on account of any such removal or alteration.
-7 -
Further Information:
1. Congressional Authorities: You have�been authorized to undertake the activity described
above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
2. Limits of this authorization.
a. INs permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
b. This permit does not giant any property rights or exclusive privileges.
c. This . permit does not authorize any injury to the property or rights of others,
1 0
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Go-ven-unent doe:5-not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or impermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property� or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The deterininatiori of this office that issuance of this permit is
not contrary to the public interest was -made in reliance on the information you provided.
5. Reevaluation of Permit Decision, This office may reevaluate its -decision on this perfidt at any
tin-te the circurnstantces; warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
EM
b. TI he information provided by you in support of your pernnit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest derision.
Such a reevaluation may result in a deteriiiination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. -You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6- Extensions. Ceneral coridition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity Qr a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
In
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
e'. mi t Nurn b ex - SPL-2007-296-FBXI
Name, of Permittee: Mr. Gary Primm, Fari International Inc.
Date of Issuance: May 17,2007
Upon completion of the -activity authorized by this permit, sign this certification and
return it to the following address:
U.S. Army Corps of Engineers
Regulatory Division
ATTN: CESPL-RG-S-SPL-2007-296-FBV
P.O. Box 532711 Los Angeles, CA 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit you may be subject to
pern-dt suspension, modification, or revocation.
I hereby certify that the work a-uthorized by the above referenced permit has been
completed in accordance with the terms and conditions of said permit.
Sigfiature of Pern-tittee
Date
�pplicant: Mr. Gary Primm File Number: SPL-2007-296-F]3V Date: May 17,2007
,Wached is: See Section below
X INrrLkL PROFFERED PERMIT (Standard Permit or Letter of penyxission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRE-LLA41NARY JURISDICTIONAL DETERMINATION E
WNW
A: INITIAL PROFFERED PERMIT- You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the pern-fit-
I* OBJECT: If you object to the permit (Standard or LOP) because oftertain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter, of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional deterniinations associated with the permit
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions there -in, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineerwithin 60 days of the
dateof this notice.
C- PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the fonn to the division engineer. This form must be received by the division
engineer within 60 days of the, date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date. of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division eng meer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is -not appealable. If you wish, you may request an approved JD (which may he appealed), by
contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
TA
UOT If- ;00M�,�RsTNE ):4,14 �%W�� Y"" CPU
-ONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
REAS
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify whqre your reasons
M r7
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION. The appeal is limited to a review of the-administrativexecord, -the Corps memoTandurn-for-the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may =ide additional information to clarify the location of information that is already in the administrative record.
z
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
DISTRICT ENGINEER
Douglas R. Pomeroy, Appeal Review Officer
Los Angeles District, Corps of Engineers
US, Army Corps of Engineers, CESPD-ET-CO
ATTN: Chief, Regulatory Division
333 Market Street
P.O. Box 532711
San Francisco, CA 94015-21 95
Los Angeles, CA 90053-2325
Tel. (415) 977-8035 FAX (415) 977-8047
Tel. (�13) 452-3425 FAX (213) 452-4196
RIGHT OF KN- —TRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of die project site during the course of the appeal process. You will be provided a 15 day
notice of any site inirrestigation, and will have the opportunity to p icipate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
Applicant Options with Initial Proffered Permit
Initial proffered
permit sent to
applicant
ApplicantfCorps sign standard Does .
permit or applicant accepts applicant accept��e
letter of permisssion. terms,and conditions of the
The project is authorized. yes initial proffered
permit?
No
Applicant sends specific objections to
district engineer- The district engineer
will either modify the permit to remove all
objectionable conditions, remove some
of the objectionable -conditions, or not modify
the permit. A proffered permit is sent to the
applicant for reconsideration with an NAP
and -an RFA form.
ApplicantlCorps sign standard
Does the ��
perrnit or applicant accepts
applicantaccept the
letter of permission.
terms and conditions of
The prpject is.authorized.
Yes the proffered
permit?
NO
Applicant declines the proffered permit.
The declined individual -permit may be
appealed by submMing a RFA to the
division engineer within 60 days of the
date of the NAP (see Appendix A) -
Appendix B
CITY OF NEWPORT BEACH
vwatm 014= -JAW,
TWWWP OWF copm
wtv
AE
71.
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7 -
TYPICAL BULKHEAD SECTION N 71
VICWfrY MAP SOUNDINGS ARE EXPECTED IN FEET
AND DENOTE ELEVATIONS BASED ON'
NEWPORT BAY, CALIFORNIA �MEAN LOWER LOW WATER,
uW_
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t t I
EOSTM EWA-RUG W= �M
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PROPOSM 3(f LG 70 RM -VX MiE EXISMG
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PROPOSED 2-14,
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REUQVED PROPERTY TYMAL
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NOTE:
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OF 16)
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PLAN VIEW N -T -S. DCADUM VP
(vm"
OUNER : Mr- Gary Primm LOTS 66, 65 & Northerly half of iot 64. TRACT 90�j
CONTRACTOR: SHELLMAKER, INC. n
JOB ADDRESS :618 Via Lido Nord 20,35 F PLACENTIA AVENUE - ATE
Newport Beach, CA -92663 -COSTA MESA, CA 92627 -02/05/07
February 20,2007
.x
Regional Water Quality Control Board
3-73i tMain Street, Suite,5500
Riverside, CA 92501-3339
tff�- VA
L:t sa —
Attn: Adam Fischer Cj_� UA
k-6 I �>� q
Re: General Certification for replacement of sheet piles and dock piles subject. to
Nationwide Permit 3 and/or Section 10 of the Rivers and Harbors Act.
Dear Mr. Fischer,
I h
IF is notification is submitted pursuant to the General Certification dated
U
Septemnber 229, 200,55. for the replacement off sheet p.,es and dock. piles and that
the applicant does agree to abide by all of the conditions contained within.
The applicant is:
r
.:,arV PflirnM
C/o Fari International Inc.
2015 Newnport 1311%rd.
Costa Mesa, CA 92627
(949)650-3274
The agent for the applicant is:
Shellma-ker in-,
Lisa E. Miller, President
2035 F Placentia Avenue
Costa Mesa, CA 92627
(949) 548-5359
We have applied for a Nationwide Permit Number 3from the Army Corps of
Engineers. No -application number has been assigned yet but I have included a
copy of the application for your files.
I have also included a copy of the City of Newport Beach Approval in Concept as
vvell aS a copy of the Caulerpa Taxifolia and eel grass surveys.
Finally, I have enclosed the $60-00 fee. If we don't hear from your office within
N -3
30 days of the- orostmademe date- of this nNoffification". we will., assil—a t-1�4 41—
M- .011 t11K.7
project meets the conditions of the certification and 'that we may proceed.
Sincerely,
L94_� �11 11 V'11__�
Usa E. Miller
President
2-_35F Plac-anfita Ave., CostD IVissa. 0A,!D-2627. Phone (1-2149" 548-5-3-59 Fox (949) 54S--531--
tin Dre
I
a Complete items 1, 2, and 3. Also complete
Item 4 if Reeticted Delivery is de&ed.
M Print your name and addraw on the reverse
so that we can retum the card to you.
is Attach this card to the back of the mallplece.
or on ttm front If space permits.
I- Art!daAddwmdto,
WOTr-_rg-
cwaTut. —BOOP -01
37 347 MAW !�Z-1
-Rjqjj�pe
,tj)F4O,A
X -Signature
.0 ftent
x IdU44d� 0 Mdrmee
B. Received by f Wnted I%fww) C. Date of WNW
D. Is delhtery address different ftml,pn I? E3y—
N Y ES, enter delivery address U 140
b
3. SenAwType
eCarlifted MaJI 13 EWew Mcdl
0 R4atered D Rettun Fremiptfor M=hwdIse
0 hotred MvA IZI C.O.D.
4- Rent
d-ftid Oettwee- r-xftR F:A31 E3
7005 1160 0005 4587 5004
Fs� 2004
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.
lGeneral Description of Proposed Development: Remove and replace seawall
lin the same location. Remove and reDlace dock in a sliahtiv different confiauration.
jAddress; number must be stenciled on at least 1 bayward facing pile.
jPier conditions must be signed by applicant prior to final approval.
jProperty Address: 618 Via Lido Nord, Newport Beach, CA 92663
Legal Description:
lHarbor Permit Number: 175-618 ---1
IPlan Check Number: 0132-2007
jApplicant: Gary Primm I
Applicant's Mailing Address: Fari International Inc
2015 Newport Blvd., Costa Mesa, CA 92627
Phone Number: (949) 650-3274
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
)—( They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance 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 Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted hereunder, 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
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
conditions to the pier permit.
ature:
Lisa Walters, Harbor Resources
February 16. 2007
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
February 16, 2007
Property Address: 618 Via Lido Nord, Newport Beach, CA 92663
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
pier is under the purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system under
consideration. Any future modifications or alterations to the dock system may require new
conditions which may override or change these conditions. These conditions supersede all
past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. Vessels may not extend beyond the end of the float by more than the width of their beam.
6.Your side property lines extend in the water along their same bearing. Vessels shall not
encroach upon the neighbor's property.
7. The maximum width of a vessel permitted to side tie to the easternmost side of the float is 5'.
8. The maixmum width of a vessel permitted to side tie to the westernmost side of the float is
51.
Signature: elq la
LisazWpiters, Ha or s6urces Date
I,,( -3/Wo
VI!n Gau, PIrnrn
Appli'cant Si*a'Yjre JPri6t Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Map Output Page I of I
http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=n... 02/01/2007
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003-7)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Anny Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffman, National Manne Fisheries
Service, (562) 980-4043, or Williarn Paznokas, California Department of Fish & Game, (858)
467-4218).
ite Name:
618Via -ido Nord, Newport Beach
common reference)
urvey Contact:
name, phone, e-mail)
ark Sites -1071
(949)675
ermit Reference:
ACOE Permit No., RNVQCB
rder or Cert. No.)
RdP#54/ritvhnJlrfini permit
drographic System -
ay, estuary, lagoon, or
harbo r)
Lower Newport Harbor
eei
pecific Location:
Lat./Long., datum,
N 33 36.7821
cura'
c ccuracy level, attach
fP
W 117 54.901'
lectro
lectronic survey area map if
I ossible)
I�V_as Eelgrass Detected:
Yes, Eelgrass was found at this site.
this site.
—No,
1�__
LX X _XX Eelgrass was not found at this site.
:his :site.
—
escription of
-
P erm
Permitted Work:
itted ' V
Replace existing bulkhead. Replace existing dock system
1) 1 fl
cribe briefly thework to
with new float, gangway, pier, and new piles.
e conducted at the site under
Ldc�s*Pt'on
_ in I I
he permits identified above)
of Site:
Depth range:
,describe the physical and
+3.3' to —7.5' MLLW
["escription
i i ological conditions within
h e survey area at the time of
e survey and provide insight
into variability, if known.
Please provide units for all
numerical information).
Substrate
E
Sand to silt over sand
Temperature:
57 F
Salinity:
NA
Dominant
flora:
None
Dominant
timna:
Mussels on seawall and dock floats.
locotic
�P'ecies
IF
encountered:
None
Other site
description
L
0 s:
None
Description of Survey
Survey date
Effort:
! and time
January 11, 2007 1314-1343
(please describe the surveys
period.
conducted including type of
PurZy (SCUBA, remote
id , etc,) and survey
ethods employed, date of
k d survey density
o 0�
rk, an C
-'
'11 t
stimated percentage of the
e 'i
0 m
tto C
bottom actually viewed).
os_
escribe any litnitations
-'i
co er
t
ncountered during the
jj�ey fj
urvey efforts.
Horizontal
visibiftly in
41
water.,
Survey lype
and methods:
SCUBA survey following 6' grid pattern for all
depths greater than —1 � MLLW. All other areas
surveyed from the surface.
I Surve
personnel.
ark Sites
turvey
ensity:
Over 75%
Survey
limitations:
None
10ther Information:
use this space to provide any
dditional information or
+2.3' MLLW flood tide
eferences to attached
aterials such as maps,
Drawing and aerial attached
eports, etc..)
Eelgrass Survey Reporting Form (version 1.0, 6/17/03)
CITY OF NEWPORT
BEACH
'3
RPILKG
am
WIWL if fWMT A PMT
n"s S""AL
FN
RMSH OWE rx.
-OROJECT
OF C"O
nEv LUW
- �1718'
I'
r
VW4 M
T,
3
TYPICAL BULKHEAD SECTION N.T.S.
VICINITY MAP N.T.S. SOUNDINGS ARE EXPECTED IN FEET
NORTH AND DENOTE ELEVATIONS BASED ON
NEWPORT BAY, CALIFORNIA MEAN LOWER LOW WATER.
LINE
a
-OSED FLOATING DOCK
ZEPLACE THE EMSTING
PROPOSED CONC COPING
I = +12.18' M.LLM
'---MAN IY,70 THREADED
nE-ROO rYP (TOTAL
OF 6)
\—FDN OF THE
PROPOSED HOUSE -
NOT A PART OF THIS
SU13MITTAL
PLA14 VIEW N.T.S- 77.5'* \\,—CONT CONC 761� ;�o
(%ERIFY) DEADMAN TYP
OWNER : Mr. Gary Primm LOTS 66, 65 & Northerly half of lot 64 TRACT 907
JOB ADDRESS : 618 Via Lido Nord CONTRACTOR: SHELLMAKER, INC. DATE :
Newport Beach, CA 92663 2035 F PLACENTIA AVENUE 11/27/06
COSTA MESA, CA 92627
Xx
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I'D
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if '11,01
This form is required to be submitted for any surveys conducted for the invasive exotic alga
Caulerpa tamfolia that are required to be conducted under federal or state pen -nits and
authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of
reporting while ensuring that the required information necessary to identify and control any
potential impacts of the authorized actions on the spread of Calderpa. Surveys required to be
conducted for this species are subject to modification through publication of revisions to the
Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey
work is following the latest protocols. For further information on these protocols, please contact:
Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 9804043, or
William Paznokas, California Department of Fish & Game, (858) 4674218).
Report Date:
January 14, 2007
Name of bay, estuary,
lagoon, or harbor:
Newport Harbor
Specific Location Name.
(address or common
reference)
618 Via Lido Nord
Site Coordinates:
(UTK Lat./Long., datum,
N 33 36.782'
accuracy level, and an
W 117 54.90 1'
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:
(name, phone, e-mail)
Mark Sites -1071
_(949) 675
Personnel Conducting
Survey (if other than
above): (name, phone,
e-mail)
same
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
_City building permit ACOE RGP #54
Is this the first or second
survey for this project?
first
Was Caulerpa
Yes, Caulerpa was found at thi�;ite -and
Detected?: (if Caulerpa is
found, please iminediately
has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
XXXXXXXXX
above)
No, Caulerpa was not found at this site.
Description of Permitted
Work: (describe briefly the
Remove existing dock system. Install new float, gangway,
work to be conducted at the
site under the permits
pier with new pile. Replace existing bulldiead.
identified above)
Description of Site:
Depth range:
+3.3' to —7.5'NILLW
(describe the physical and
biological conditions within the
survey area at the time of the
survey and provide insight into
Substrate type.
Sand to mud over sand
Temperature:
57 F
Salinity:
NA
Dominantflora.-
variability, if known. Please
provide units for all numerical
information)-
None
Dominantfauna:
Mussels on dock floats and seawall
Exotic species
encountered
Oncluding any
other Caulerpa
None
Species):
Other site
description notes:
None
Desictiption of Survey
Survqv date and
Effort:
timeperiod.
January 11, 2007 1314-1343
(please describe the. surveys
Horizontal
conducted including type of
visibility in water:
4�
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work and survey density
(estimated percentage of the
bottom actually viewed).
Survey ty1m and
methods:
Surveillance level SCU13A survey.
Followed a 6' grid pattern over all depths
greater than —I' MLLW. All other area
surveyed from the surface.
Describe any limitations
Surve), personnel:
encountered during the
Mark Sites
survey efforts.
Survey denvity:
Over 75%
Survey limitations:
None
Other Information: (use
this space to provide
+2.3' MLL-W flood tide
additional information or
references to attached maps,
reports, etc.)
Drawing and aerial attached
Caulerpa Survey Reporting -Form (version 1.2, 10/31/04)
s
VICINITY MAP
NEWPORT BAY, CALIFORNIA
TYPICAL BULKHEAD SECTION N.T.S.
N.T.S. SOUNDINGS ARE XPECTED IN FEET
ZoRT, AND DENOTE ELEVATIONS BASED ON
MEAN LOWER LOW WATER.
ERHEAD LINE
OSED FLOATING DOCK
EPLACE THE EXISTING
PROPOSED CONC COPING
= +12-18' M.L.L.W.
\vK\—MiN lYV0 THREADED
RE -ROD TYP (TOTAL
OF 6)
FDN OF THE
PROPOSED HOUSE
NOT A PART OF THIS
SWMITTAL V,
PLAN VIEW N-T.S. 77.5't \—CONT CONC
(VEMFY) DEADMAN TYP
OWNER : Mr. Gary Primm LOTS 66, 65 & Northerly half of lot 64 TRACT 907
JOB ADDRESS :618 Via Lido Nord CONTRACTOR: SHELLMAKER INC. DATE :
Newport Beach, CA 92663 20,35 F PLA�ENTIA AVENUE 11/27/06
COSTA MESA, CA 92627
CITY
OF NEWPORT
BEACH
-vmpalm cuss ftl%qm
sm
11 T T
'.r Trm-
7.
PROJECT
III-ly
Rr.
I E
vf cll.�
REV +12.18'UMW
:'�Sff
01
V
MARS
J,
EIMMEAD WALL PAN& TYP
PAhaS
s
VICINITY MAP
NEWPORT BAY, CALIFORNIA
TYPICAL BULKHEAD SECTION N.T.S.
N.T.S. SOUNDINGS ARE XPECTED IN FEET
ZoRT, AND DENOTE ELEVATIONS BASED ON
MEAN LOWER LOW WATER.
ERHEAD LINE
OSED FLOATING DOCK
EPLACE THE EXISTING
PROPOSED CONC COPING
= +12-18' M.L.L.W.
\vK\—MiN lYV0 THREADED
RE -ROD TYP (TOTAL
OF 6)
FDN OF THE
PROPOSED HOUSE
NOT A PART OF THIS
SWMITTAL V,
PLAN VIEW N-T.S. 77.5't \—CONT CONC
(VEMFY) DEADMAN TYP
OWNER : Mr. Gary Primm LOTS 66, 65 & Northerly half of lot 64 TRACT 907
JOB ADDRESS :618 Via Lido Nord CONTRACTOR: SHELLMAKER INC. DATE :
Newport Beach, CA 92663 20,35 F PLA�ENTIA AVENUE 11/27/06
COSTA MESA, CA 92627
All
t,n
OTY
OWN,
all
Ro_
IN
fill
14,
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// i
NEWPORT BEACH HARBOR COMMISSION MINUTES
City Council Chambers
February 14, 2007
CALL TO ORDER 6:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Seymour Beek, Tim Collins, John Corrough, Marshall Duffield,
Don Lawrenz, Karen Rhyne and Chairman Ralph Rodheim, were in attendance.
Staff: Lorrie Arcese, Chris Miller, Tom Rossmiller, and Asst. City Manager
Dave Kiff.
MINUTES: The minutes from last month were approved.
APPEALITEM
ITEM #1
Subject: 618 Via Lido Nord — Dock Reconfiguration
Summary: Mr. Primm of 618 Lido Isle proposes to replace his current, two slip,
residential dock system in essentially the same general configuration as
has existed since 1973. Council Policy H-1 states that only one slip is
permitted at residential properties. The Commission was asked to
authorize this proposal to rebuild the dock in the same general
configuration with two slips.
Discussion: Last year a similar request was granted. There is no history as to why
this was allowed in the past, but it may have been two properties.
Public Comments:
Action- The Commission approved the proposal with all ayes to replace the
existing dock system in the same general configuration with two slips.
ACTION ITEM
ITEM #1
Subject: Recommendations of the Mooring Master Plan Subcommittee
Regarding the "H" and "J" Mooring Fields
Summary: The volunteer Citizen's Task Force Group of the Harbor Commission's
Mooring Master Plan Subcommittee presented recommendations
resulting from an in-depth analysis of the "H" and "J" mooring fields.
Discussion: Only 3 boats will be displaced with this plan, but they can be moved to
other areas. Carter Ford surveyed the neighbors and they understood
and approved the changes. They would like to see the big barge moved
and would like no more boats where there is racing. Marina Park needs
HoVtol
CITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. 1
February 14, 2007
TO: HARBOR COMMISSION
FROM: Harbor Resources Division (City Manager's Office)
Chris Miller, (949) 644-3043
cmiller(a_)city.newport-beach.ca.us
SUBJECT: 618 Via Lido Nord — Dock Reconfiguration
ISSUE:
Mr. Primm of 618 Lido Isle proposes to replace his current, two slip, residential dock
system in essentially the same general configuration as has existed since 1973. Council
Policy H-1 states that only one slip is permitted at residential properties. Should the
Commission authorize this proposal to rebuild the dock in the same general
configuration with two slips?
RECOMMENDATION:
Approve the proposal to replace the existing dock system in the same general
configuration with two slips.
BACKGROUND:
The current pier configuration with two slips has been in existence since 1973 when it
was reconstructed with approval from the City. (See Attachment.) It is unknown if the
pier was solely for the use of 618 Via Lido Nord or if it was a shared pier on two smaller
lots. Therefore, no evidence exists as to the rational for two slips.
Mr. Primm proposes to reconstruct his pier in essentially the same configuration except
that the smaller slip (29' long) will now be on the west side and the larger slip (53' long)
will be on the east side. The proposed dimensions of the dock structure conform to the
City's Standard Drawings.
Council Policies H-1 state that "only a single pier and float or slip shall be permitted
bayward of each parcel or lot."
Mr. Primm also proposes to replace his bulkhead system like for like; also conforming to
the City's Standard Drawings.
618 Via Lido Nord —Dock Reconfiguration
Februag 14,2007
Page 2
Similar Harbor Commission Appeals:
At its June 2006 meeting, the Harbor Commission heard a similar appeal from 40 Linda
Isle who proposed to rebuild his two slip configuration in essentially the same
configuration. The Harbor Commission advised Harbor Resources to approve the
proposal.
ENVIRONMENTAL REVIEW:
This project underwent its CEQA review and is categorically exempt under 15301
(Existing Facilities), Class 1 ( ... operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures ... including negligible
or no expansion of use beyond that existing at the time of the lead agency's
determination), D (Restoration or rehabilitation of deteriorated or damaged structures,
facilities, or mechanical equipment to meet current standards of public health and
safety... )
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M Brown Act (72 hours in
advance of the public meetings at which the Harbor Commission considers the item). It
has been posted at City Hall and on the City's website.
Prepared by:
Chris Miller
Harbor Resources Supervisor
Attachments: Aerial Photos
Proposed Dock Layout
Dock Layout - 1973
618 Via Lido Nord — Dock Reconfiguration
Februaty 14, 2007
Page 3
Aerial — 618 Via Lido Nord
618 Via Lido Nord — Dock Recot?figuration
Februaty 14, 2007
Page 4
Proposed Dock Layout
............. . -1 .................. -,-- .......................... - . ................. ........ ............ - .......... .............. . ..... .........................................
CITY OF NEWPORT BEACH
..... . . ..............................
. ... ..... .............................. ...................
....... .....
'PIROJECT,
V "'r-
618 Via Lido Nord — Dock Reconfiguration
February 14, 2007
Page 5
Dock Layout - 1973
................ .. .........
*Ar
VICINITY SKE
W9W#,(>*l' DAY, CALAPORNIA
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A
.-HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 03/29/06 Permit Number: �r76- Q. 18
"Property Address: 618 Via Lido Nord
"Buyer's Names.' Gary E. Primm
Billing Address: P.O.BOX 94825
Las Vegas, NV 89193-4825
Telephone No.:.
Buyers Signatures:
"Seller's -Names:
Sellers Signatures:
Joint Owner Signature:
**Escrow Company: l,ri,,rs Escrow
"Address 1100 Newgort Center Dr. Suite 200
Escrow Number: 30390 -BF **Fax#: (949) 721-8157
Closing Date (Estimate): 83/08/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete;
Harbor Resources Signaturel0ate
Special Conditions: This permit is revocable by the City Council
In accordance with Title 17 of the Newport Beach Munic! Code.
ET U
P XSrr
LE . S- IGN &
,Qhl
HARBOR PERMIT
TRANSFER APPLICA77ON
829 Harbor Island Drive
Newport Beach, CA 92660
4
**Date of Applicaton: 03/29/06. Permit Number: )r76-(018
"Property Address: 618 Via Lido Nord
"Buyers Names" -Gary E. Primm
Billing Address: P.O.BOX 94825
Las Vegas, NV/69A93-4825
Telephone No.:
Buyers Signatures;
"Seller's -Names: Robert J. Herbert
Sellers Signatures:
Joint Owner Signature:
"Escrow Comp . any: Mariners Escrow
"Address 1100 NewEort Center Dr. Suite 200
**Escrow Number: 30390 -BF _**Fax #: (949)721-8157
Closing Date (Estimate): 89/08/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete-,
Harbor Resources SignaturelOate
Special Conditions: This permit is revocable by the City Council
In accordance with Title 17 of the Newport Beach Municipal Code.
PLEASE SIGN & R RN
MARINERS ESCROW
1100 NEWPORT CENTER DR. SUITE 200 NEWPORT BEACH / CA / 92660 / USA
T 949.640.6040 1 F 949.721.8157 WWW.MARINERSESCROW.COM
Newport Beach Harbor Dept.
829 Harbor Island Drive
Newport Beach, CA 92660
Attn: Pennit Processing
Re: 618 Via Lido Nord, Newport Beach, CA 92663
In connection with the above referenced escrow, we enclose the following:
Signed Harbor Pennit Transfer Applications.
If you have any questions or need anything fin-ther, please do not hesitate to call.
Sincerely,
Mariners Escrow Corporation
/an roxcroft
Escrow Officer
m
Date: May 10, 2006
Escrow No.: 303 90 -BF
Your Re:
May 8, 2006
Mariners Escrow
Att: Brian Foxcroft
Fax: 949-721-2309
5
Re: Pier Permit #17,i-618
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
618 Via Lido Nord, Newport Beach, CA
Dear Brian:
The City of Newport Beach re -inspected the above pier and found it to meet City
standards. Once we receive the application signed by the buyer & seller the
pier will be transferred.
Thanks for your help, please call with any further questions in this matter. I can
be reached at 949.718.1844.
Sincerely,
i ke re
Harbor Resources Division
INSPECTION FORM
Harbor Resources Department
Date: Its -?-- 060
Inspection Requested By:
Inspector: Don Duffy
Pier Address:
Pier Transfer
RrInspection
GFI Present Yes Need I F None Needed "e -Need
Anti -Siphon Backflow Prese . nt
Other Comments
Eelgrass
Yes No
Presenti 1 12-1 Z'309
Pump Out
Pier Location
Yes No
OperationalF--�—
Recommended Action
Encroachnienet
Address of Complaining Pa
rty—
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
ApriI19,2006
Mariners Escrow Corp.
Fax # 949.721.8157
Re: Pier Permit # 172-618
618 Via Lido Nord
Escrow # 30390 - BF
Dear Sirs:
CITY OF NEWPORT BEACH
Harbor Resources
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
The dock was inspected by the Harbor Resources Division of the City of Newport
Beach at the property mentioned above. We cannot transfer the pier permit until
the following deficiencies have been corrected and the property has been re-
inspected:
1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in
outlet on the dock.
The Newport Beach City Council Harbor Permit Policies state:
1 O.D. "At the time of transfer, all harbor structures shall be inspected for
compliance with the City's minimum plumbing, electrical and structural
requirements, and the conditions of the existing permit. All structural
deficiencies must be corrected prior to transfer of the permit."
Please call me at 718-1844 to request a reinspection once these issues have
been remedied. Once the property has passed reinspection and the application
is signed by all parties, the dock will be transferred.
Sincerely,
Mike Ure
Harbor Resources
Aj�
p
47.
-HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 03/29/06, Permit Number: L-1 & I en)
"Property Address: 618 Via Lido Nord
"Buyer's Names". Gary E. Primm
Billing Address: P.0 -BOX 94825
Las Vegas, NV 89193-4825
Telephone No.:
Buyers Signatures;
"Seller's -Names: Robert J. Herbert
Seller's Signatures:
Joint Owner Signature:
**Escrow Company: Mariners Escrow
"Address ' 1100 NewRort Center Dr. Suite 200
**Escrow Number: 30390 -BF **Fax #: (949)721-8157
Closing Date (Estimate): 89/08106
* *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: 1/[l lo6o, Reinspection Date:
Fee Paid I CheckNo: —140Y�1151f
_* LZ -4
Application Complete:
Harbor Resources SignaturelOate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
INSPECTION FORM
Harbor Resources Department
Date: 4110 A
Inspection Requested By: �0,
Inspector: Don Duffy
Pier Address: b I ?I VIA- W-0 4K4
Pier Transfer
GFI Present Yes Need .---�one Needed
L- I 1;�l E__
Anti -Siphon / Backfiow Present
I
Other Comments
Eelgrass
Yes. No
Presentl I I
Pump Out
Pier Location
Yes No
Operationall I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Reinspection
Yes Need
Map Output Page 1 of I
http:llwww6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=nb—... 9/7/2005
CITY OF NEWPORT BERCH
CITY OF
NEWPORT BERCH UPPER
W-qT NEWPORT w
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ISLFIND- �-:XI,5 7--
BRY "L:5W 121141 y
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VICINITY MRP JETTY ERST PROF I LE 1 30'
NNOU MY, CFLIFOWR JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
ELEVATIONS BRSED ON MEAN LOWER LOW WATER.
ry)
7-0
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PLAN VIEW lm 40'
RPPLICRNT'S NAME eOB FJOB RDBRESS 6 /9 VIA L IL) o A/OR� DHTE 7, 2 9, 97
STATE OF CALIFORNIA - THE RFSOURQES AQFNQY GRAY DAVIS Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071 January 7, 2002
Mr. Tony Melum
Division of Harbor Resources
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
k '
pzlo'
Subject: Condition Compliance — Coastal Development Permit 5-99-282
& Conformance with Consistency Certification CC -078-99
Dear Mr. Melum:
Commission staff have received information submitted as evidence of compliance with Coastal
Development Permit 5-99-282 and/or as evidence of conformance with Consistency Certification
CC -078-99 for the following sites in the City of Newport Beach:
- City
Harbor
Permit #
Site Address Beach
I Disposal?
(Yes/No)
Beach
Disposal
Qfl/' (yds 3)
Ocean
Disposal?
(Yes/No)
Ocean
Disposal
, Qty2 (ydS3)
Cumulative
Total3 for
2001
—1
IIIIIIIIIII11k �911
IIIIIIIIIII11k �611
�9111
Ar
Wwro 0 k OTCO
lilt
Commission staff have reviewed the information submitted and determined that the above
referenced dredging event conforms with Consistency Certification CC -078-99 and that no further
federal consistency review is necessary from the Commission for the dredging component of the
project. In addition, the proposed beach disposal has been reviewed and found by the Executive
Director to be consistent with Special Conditions 1, 2, and 3 of Coastal Development Permit 5-99-
282. No further review is necessary from the Commission for the beach disposal component of
the project.
Please be advised that only the project described in the materials submitted for the site listed
above have been found to conform with Consistency Certification CC -078-99 and/or conform with
the terms and conditions of Coastal Development Permit 5-99-282. Any change in the project may
cause it to lose its status as consistent with CC -078-99 and/or CDP 5-99-282. This certification is
based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring
at that time must cease until a new determination regarding conformance with CC -078-99 and/or
CDP 5-99-282 is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415)
904-5200.
Sincere
Karl MSchwing
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
I Not to Exceed 500 cubic yards per dredging and beach disposal event
2 Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
3 Not to Exceed 20,000 cubic yards per year
POST DREDGING
COMPLETION REPORT
4
The xuttee shall send one (1) copy of the post -dredging report for eadl Wnlplk-k'd illdividki,l)
&I f_ proj� to the Corps and the CCC documenting compliance with Lill gom-ral and
;�Ticonditions defined in this permit. The post -dredging report shall be sent within 45 days
after '�cmpletion of the complete individual dredging project authorized in this pormit. Th'.
poet-oredging report shall include the following information for the cornplokod if-ld[Vid(.101
dredling project.
1. ?"tNumber- 175-618
FeBruary 12, 2002 Febru��r 2002
2. 54W Date: Completion Date:
3. I$W dredged material to BeaclL_ 300 cubic yards
to Sea (LA4
4. Mode of dredging and transportation, and method and frequency of dispo,;111:
Hydraulic suction transported through a 21peiii�q onto
. adjacent beach.
5. tug or other vessel logs docuxnenting contact with USCG MSO Long Bench before cak-11 (1-1)�
t the LA -3 ocean disposal site.
he L)
J:�; Contact! Yes X No;
6.' of dredged material: Slurry X Cohesive
7. 1;�ocedure and location where the disposal barge or scow wtu� wlish�,d�
-No washing necessary.
8. A certified report from the dredging site inspector and the captain of any Lug or odlcr
uW to transport and dispose of dredged material at LA -3 indicating Lill geneml and sj)cciol
P@ 'he permit shall be ex I i Cd ill J01011
.Ormit conditions were met. Any violations of t
* cormfitioningpern-dts were met- Yes X No
9. Albet-pro*ct surveys of Eelgrass beds potentially affected 11v dic
Not necessary as no eelgrass was identified in'dredging
area.
10. the post -dredging report shall. be signed by a duly authorized represomzWvc of Lii,,
;*rmittee. The pern-dttee's representative shall make the following certification:
I clrrt�� under penalhj of I= that this document and all attachments uvre Imepireil m0o, )111/
d#Vction or supervision in accordance with a sy.itein designed to ensure t1lat e7l"llift"I
p*operly gather and emluate the information submitted. Based on �rny inquity of tli(- I)c)-on 1)),
ptrsons who manage t1w systern, or those directly responsible for gadwring the 1'1�'1'01'illatloll. /h"
i?.Vbrmation submitted is, to the best of my knowledge and belief true, acciireitc, told cotn ' olch'. ! ilm
a"n that there are significant penaltiesfor submitting false infornintion, flit, 0(1",ibilitil to
J* and imprisonmentforknmeing violations.
5ignaLure
CITY OF ---WPORT BEACH FIRE MARINE M ARTMENT
HARBOR PLR.MIT APPLICATION (Please print all infbrmation)
Robert Fferbert-618 Via Lido Nord (949) 673-7655
I cant (PrOpelty Owner) Address
18 Via Lido Nord, Newport Beach
2.
Number
3. Now Construction Revision — Maintenance — Dredging X
4. Fee $377.00 Check No. 4585 Date 8/30/01
5. Brief Dacription of proposed Work: maintenance dredg-ing
6. Submit 8 112" x 11" Drawings (a), Include:
1), Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W
9). Any special conditions affecting the construction or affecting boating operations.
10).COMPlete oil Inflormation required in information block, bottom of sheet. Note that the OWNER.
of the property Is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to Clearly� show the above information.
13).Exisdng structures shall be shown in light dashes. Now work shall be shown in heavy solid lines.
atl
7. Owner -Builder 138clarstlon must be completed (on reverse de of this shee,
8. Appilunt'slAgenra Signature: Date- Nov. 29, 2001
Joint P*rTnfto "nature (if appITcabW:— Date:
9. Work can begin once the City has recemed evidence of the following additional approvals and you have
been notifted to proceed. ff you begin prior to the notke you will be in violation of the Newport Beach
Municipal Code and subjed to penalties.
10. Your permit will not be final until we have conducted an on site Inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection,
OFFICE USE ONLY
Approval in Concept,
Approval of the City Of Nerwport Beach Council-
--�ePPrOV81 Of the Army Corps of Engineers
Ap'proval of the California Coastal Commission.
Approval of the City's Public Works Department
Approval of the Citys Building, Department
Approval of County of Orange.
and/or plumbing Permit (Building Department)
asuod. (Permit In stamped drowing)
Site Inspection. (eel I 644,4W:for appointment)
She Re4nopectlon
Conditions:
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
Date
I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.
7031d.5, Business and Professions Code). Any City or County which requires a permit to construct, alter,
improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit
to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law
(Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) -or that
he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500).
1, as owner of the property, or my employees with wages as their sole compensation, will do the
work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions'Code:
The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and
who does such work himself or through his own employees, provided that such improvements are not
intended or offered for sale. If, however, the building or improvement is sold within one year of
completion, the owner -builder will have the burden of proving that he did. not. build or improve for the
purpose of sale.)
1, as owner of the property, am exclusively contracting with licensed contractors to construct the
project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an
owner of property who builds or improves thereon, and who contracts for such projects who builds or
improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the
Contractor's License Law).
am exempt under Sec. , -- of Business and Professional Code for this reason:
Owner's Signature: XXXXXXXX Date: XXXXXX
Contractor: Shellmaker Inc. Telephone: ( 9 4 9 ) 548-5359
Address: 875 B West 15th Street, Newport Beach, CA 92663-2701
License class A&B State Board No.� 561434 City License No. 9 6 0 0 2 2 10
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Profes Cod full force and effect.
Nov. 29, 2001
Contractor's Signature Date:
PERMIT NO.
DREDGING APPLICATION
Project Location: 618 Via Lido Nord
Latitude/ Longitude: N 33 361 46.21, W 117 541 54.21,
Cubic Yards to be Dredged: 300 cubic yards
Method of Dredging: hydraulic suction
Nature of Dredged Material (Grain size data): report enclosed .... ... ....
Disposition of Dredged Material: Pump onto adjacent beach
Method of Material Disposition: pipeline
Effect of Dredging on Contiguous Bulkheading and Beaches
and reinforces bulkhead
will schedule when we receive permit
Project Begins: Project End -5:
restores beach
I, Lorenzo C. M i 11 e r,(Applicant/ Applicant's agent), hereby certify that I have r(�a d the
U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission perri-lit
#5-99-282 for maintenance dredging in Newport Harbor and that I will comply with al I of tile
conditions of those permits. I will further hold the City harmless from and indemnify thern
against any clairn for damages arising out of the exercise of these permits. In addition, 1,as the
applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs
expended by them in defending any claim, lawsuit, or judgement arising out of the activi ties of
the applicant carried on under the authority of such permit.
Robert Herbert
Applicant - Please Print
November 29, 2001
Date
Shellmaker Inc.
Contractor - Plea Print
Signed: 1,-fqzn=7,? C7
/ Applicant/ Agen
CITY OF
NEWPORT BERCH
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WJNDINGS ARE EXPRESSED IN I=, OND DENOTE
ELEVIITIONS BASED ON MEl:N L%CR L0 H WATER,
1)'k,E E> e; / /v G
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PLM VIEW lu = 40'
APPI-10-NT'S NAME /F03
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DATE ig 7-
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DAVID H. LEE &ASSOCIATES, INC.
GEOTECHNICAL ENGINEERING 0 ENGINEERING GEOLOGY
-Ms. Lisa Miller
T November 26, 2001
SHELLMAKER, INC.
875 B West Fifteenth Street
Newport Beach, CA 92663 Our Project K01 . .075.00
SUBJECT: Phi Grain Size Test Results for the Soil Sample Obtained from the
Herbert Residence at 618 Via Lido Nord, Newport Beach, Caffornia.
Dear Ms. Miller -
Presented herewith are the results of our grain size analysis performed on the soil
sample provided to us by your firm. The test procedures were in accordance with
ASTM D422-63 (1998) and U.S. Army Corp ofEngineers Report Number CETA 79-7
criteria.
Please do not hesitate to call if you have any questions after you have reviewed the
attached data.
Respectfully submitted,
_gawa �C2;9
g -
F S Review bT.
H.
KC__
NO. GF_ 5.10
Karen Masterson David H. Lee
Project Engineer EXP. 3-31-04 Geotechnical Engineer
49,
4*1 0
Attachments: Plate 1 --Grain Size S OF C
Plate 2 --Cumulative Grain Size Distribution PHI Units
Distribution: Addressee (1)
IiDhiatdoloV�ROJECTSV<01.075.00U<0107500 Phi Gmin Size Lettw:_r&v.wpd
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helimaker inc.
February 11, 2002
City of Newport Beach
Harbor Resources
P.0, Box 1768
Newport Beach, CA 92659-1768
Attn: Tony Melum
Re: 618 Via Lido Nord
Dear Tony,
Due to the only acceptable tides for the above referenced job occurring outside of
normal working hours we are forced to start work at 0600 AM Tuesday and
Wednesday, February 12 and February 13, 2002. We have talked to the owners and
they will inform their neighbors.
Thank you for your cooperation and should you have any questions, please call.
Sincerely,
Lorenzo G. Miller
Vice President
cc: Police Dept. HARBOR RESOURCES DIV.
Harbor Dept. CITY OF NEWPORT BEACH
File
875 B West 15th Street, Nowport Be.4.ljCh, California 92663 Phone (949) 548-5359 Fax (q49) 548-5315
Gcncral Erlqffieering Contractors /LicenqP No. 561434/Marino Goiledruction and Dredc
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PF=EESS ING :
3ZZw _djq�., _270K,._�i4qq�,ted stress
-relieved p��@n ![�ro Btrand, Cc 7o--r.4L_
Nomin-al ex a: ._.,155 sq. in.
_mtjm:t,q_.p_timngth 270j(��O
psi
.6
262j000 psi
i971tooc) si
—x—.155 in 2
Initial Som
wo;74PE_ 16 psi
2
Wgri4ng _f ove _P_ET -strand 25.1.10 The
To�tmj worldsig.force /:�77q� 661be
2
-.-,244-in
.Wf ectiye- prestreas 104r, vei
HARBOR PRECASIF COMPANY
LONG BEACti. CALIFORNIA
PRESTRESSED CONCRETE PILES
12" SQUARE
RAWN C,411 CKED
C R '�CAL f
r)ATr
A"ROVED
OWG:No.
DR AWN r--4 r C K Lr 0 APPROVED
D E S C P ! 0'r 1 0 t4 CATE 5:� A DWG No.
FORM kP co .2 300 12
it ,
- -
-
- . - I - .. . 7,
coo F,
t 28 d
t�' 1 6, 000 psi a aye
fc4 1 4,000 rsi at transfer
4J
JL2 di!L.. 270 K. mcoated, stress
_,I-V2iqved. seven wire strand.
14-3/8"
-Nominrl Freat -155 sq. in,
.
e� -Strang t2L Q'00
P, x �6
spiral
-ing.1 .d 25,110 lbs
-Ao rk
8
force 2 0 0::.j 8- 8- -0 1-bs
1-1-5/8"
3/4"' charrIfer 196 4n2
A
4 edges 1,025 ps�
Effective Drestx-esB
- -4 na strene-�
Work- L6 2_LN 0 ps-4
-7
4
.-Lose, 35-, 1
jr'Lt��S-j stress 1 -T7-
. -e
x .155
Tni ti 30,5 0. lbs
z r k
U
fix
In,
450 cl,-?,mf er
H A R B CD, R P 0 CAST COMPANY
typicalt tol, &e
LONG BEACH, CALIFORNIA
bottom
PRES T R E -SSED CONCRETE P1 LES
C.
DR AWN r--4 r C K Lr 0 APPROVED
D E S C P ! 0'r 1 0 t4 CATE 5:� A DWG No.
FORM kP co .2 300 12
Conditions;
OWNER-BIJILDER DECLARATI
I hereby affirm tha.t I am exempt from the contractor's license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
permit to file a signed statement that he is licensed pursuant to
the provision of the Contractors.License Law (Chapter 9,
commencing with Section 7000) of Division 3 of the Business and
Professions Code) or that he Ls exempt therefrom and the basis
f r the alleged exemption. An,
0 �rviolation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil pernalty
for not more than five hundre-d dollars ($500).
I, as owner of the prcperty, or my employees with wage� as
t e—ir sole� compensation., will do the work, and the structure is
not intended or offered for sale (Sec. 7044, Business and
Prof essions Code: The Contractor I s License Law does � not apply to
an owner of proyerty who builds or improves thereon, and who does
such work himse f or throuqh his own employees, provided that
such improvements are not intended or offered for sale. If.
however,- the building or improvement is sold within one year of
completion, the owner-buileler will have the burden of proving
that he did not builld or i-frprove for the prupose for sale.)
as owner of the -:)roperty , am exclusively contracting
witH-Ticensed contractors -:o construct the project (Sec. 70441,
Business and Professions COde: The Contractor's License Law does
not ar)nly to an owner of "c-operty who builds or improves thereon,
and �Eo' contracts for suc,Kpro�ects with a contractorl(s) License
pursuant to the Contractor's -License Law).
I am exempt under Sec. of Business and
Pro —es-sions Code for this reasoni.
Owner Signature� Date
Contractor Shellmaker Inc. Telephone (714) 548-5359
Address 875 "B" West 15th Street, Newport Beach, CA 92663
License Class A&B State Board N0.561434 City License No. 96002210
LICENSED a",NTRACTORIS DECLARATIaN
I hereby.affirm, that I am licensed under provisions of qmpter 9
(commencing with Section 7000) of Division 3 of the Business and
Professsions Code, and , licenseL 1 1 1 force and effect.
Contractor Signature zz_,?�Neu Date 9/4/97
C
J
NAME
Rose,lia T. Herbert
ADDRESS OF PROPOSED FACILITY
875 B W. lqFli qk--
PF IT #
AI NG ADDRESS
M b.
TELEPHONE NO.
FEE CHECK NO.
D�l E
618 Via Lido Hard
548-5359
j$2043910
1-02-96
i APPROVED BY: DATE
APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT 3eX
11 1
CONSTRUCT/REVISE A Maintenance Dredging
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
COUNCIL El
BY Shellmaker Inc.
COMPANY
DATED 1-10-96
El
1-10-96
DATE
P UBLIC WORKS
DEPT.
El
ESCROW
INSPECTION
SIGNATURY.��A
V.P.
7'
SPECIAL CONDITIONS
N
CITY OF NEWPORT BEACH, CALIF.
WX FORM 60-1010
EPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
300 NORTH LOS ANGELES STREET
LOS ANGELES, CALIFORNIA 90012
February 21, 1996
Mr. Tony Melum.
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92659-1768
SUBJECT: NOTICE TO PROCEED (File No. 96 -00135 -MFS)
Dear Mr. Melum:
Reference is made to your letter dated January 9, 1995 in which you submitted on
behalf of the Rosella Herbert at 618 Via Lido Nord, a notification for the maintenance
dredging of 169 cubic yards of sand and silt material by hydraulic suction and disposal of the
dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -
GS provided that Ms. Herbert's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW.
If you have any questions, please contact Mark Sudol at (213) 894-0353.
Sincerely,
Vc��d J. Scl�ubel
Acting Chief, hk9ulatory Branch
Enclosure(s)
-.) .104,
AdawoeArr 0'' ' 1. . .
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OleP OFAI 5 below 0qFC0,7 JoWapp Low "P�rr;. A4o&&vpwjm
rangpe 0/' joiec 0, rA-vJL/#WQiW/,Y /0 V?Fdr]K YCWAor /,�Pcs
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Is AZd
-7- �5'14 lima kee 0AIrs 111019&
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36 Ij
AND
IS HEREBY 'S _RF
0%Aff" O�i piE HEVRRSE HE --OF,
N THE FACILIT, S!,Ak
;ITE INDICATED, SUBJECT TO THE PROVISIONS OF
tBOR PERMIT POLICIES OF NEWPORT BEACH AND
.,CIAL CONDITIONS LISTED HFREON. THIS PERMIT
1ANSFERABLE WITHOUT THE WRITTEN CONSENT OF
I HARBOR COORDINATOR OR CITY COUNCIL. THE
GIVEN UNDER THISR T A6RYE, P E SSIVE ONLY
.=I
El
PERMIT MAY BE E ITY COUNCIL
M CIPAL C
.-t-,o)RDANCE WITVAITLE�E 17 OF -M I
c A. OR COORDIN
DATE
MIT NO.
KA- n 4 fltr%n
1vicly e-, 1 ZTZ70
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA 92659-1768
Re: Dredging @ Herbert Residence
618 Via Lido Nord
Gentlemen:
Due to the only acceptable tides for dredging on the above referenced
job occuring in the evening of May 2 we are forced to work until 10:00 p.m.
We have mentioned this to the owner of the project who will inform his
neighbors.
Thank you for your cooperation and should you have any questions, please
call.
Sincerely,
1/1�—�
Lisa E. Miller
President
cc/ Police Dept.
Harbor Dept.
File
875 B West 15th Street, Newport Beach, California 92663 Phone (714) 548-5359 Fax (714) 548-5315
General Engineering Contractors/License No. 561434/Marine Construction and Dredging
PO
0
F0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
January 21, 1986
Gavin S. Harbert
618 Via Lido Nord
Newport Beach, CA 92663
The City of Newport Beach Marine Department has received a complaint
regarding the docks bayward of your residence at the above
address.
Specifically, the complaint is that the docks have -fallen into a
state of disrepair and have become a safety hazard.
It is the obligation of the harbor permi'ttee to maintain his dock
as pointed out in Section 4.(-H) of the Harbor Permit Policies which
states:
4.H. "Repairs: . The pemi'ttee shall keep the structures in good,
.repair at all times. -Failure to -repair, when written nottce has
�.been given by the Marine Department, shall be. cause for the
revocation of the permit."
Please notify the Newport Beach Martne Department within fifteen days
of receipt of this letter of your plans.to resolve the'above
problems.
I'f you have questi,ons in thi's regard,-donl*t hesitate to call me a t
640-3044.
Sincerely,
1111—L"
�7XAZ��
Tony Melum
-Tidelands Admi'nistrator
TM: db
3300 Newport Boulevard, Newport Beach
75'_�-
0
Date ARBOR PERMIT NO.- 1 a -L -61R
CITY OF NEWPORT BEACH MARINE DEPARTME, LICATION FOR HARBOR PERMIT
Site address 6a kjr� Wo �Okn
Owner Telephone. 768
Owner Mailing Address So M �e, city & zip
Description of work: New Revision MaintLiiance Other
Work to be done: 9C_C)Q�y- 6"5? d e, +
a 0 Coo St Chnfed iNcl,deei-
OWNER-BUILDER DECLARATION
I hereby affirm fhat-L-am exept from the contractor's license� or t'he following reason:
tv au
(Sec.7031.5, Business and'�fessions Code) Any City�o�r�nty which requires a permit to
construct, alter, improve, demo or repairr_A ructure, prior to its issuance, also re-
quires the applicant for such p.e mit ned statement that he is licensed pursuant
ny-s e - p r for to I
r r
t tha t he
I- ;� or rep a i r s tru c tu m c g wj
ned s ta te en
n 9 ( commen in
to the provision of the Con r rs License Law (C 9 (commencing with Section 7000) of
u �� I
s a
Division 3 of the B s and Professi , ons Code) or that is exempt therefrom and the basis
1 ti 0 ct . I plic
for the alle xemption. Any violation of Section 7031.5 b a plicant for a permit sub -
a tv 0 -T-d-r§___(_$500).
0 s the applicant to a civil penalty of not more than five hundred o
I, as owner of the property, or my employees with wages as their sole compensation, wil"
01 *Othe work, and the structure is not intended or offered for sale (Sec.7044, Business and
Professions Code: The Contractor's - License Law does not apply to an owner of property who
builds or improves thereon, and who,does such work himself or through his own employees, pro-
vided that such improvements are not.intended or offered for sale. If, however, the building
or improvement is sold within one year of comoletion,the owner -builder will have the burden o.'
proving that he did not build or improve for the purpose of sale.)
I, S ! I 1 111 Le—r o, b pr6perty, am exclusively contracting with !,: .'aiisse4d--C-Ofttractors to
0 r'
construct the prai4eft2 7044, Business and Profg_s_s_i;�� ��-Contractor's License
ly tOW-n o 11,111' �11 12, �l�, E�11!
Law does not app F Q ��Bui_lds or improves thereon, and who contracts
for such pA�ects with a C or'(s) License purs-5--ant-to-the CoqtrAct(w's License Law).
I am e er Sec. of Business and Professions Code for this reason:
Date Owner Signature,
Contractor
Address -
License Class
I hereby affirm that I
of Division 3 of the -,B
State L
Telephon
ty & Zip
City License No. - -
�50�EUAKA�1�
,I-i'censed under provisions of Chapter9�,,(commencing with Section 700(
ness and Professi'ons Code, and my license-i�s'in full force and effec-
Contractor signilture Date
4
INSURANCE INFORMATION
Workers' Compensation Declaration
)KI hereby affirm that I have a Certificate of Consent to self -insure, or a Certificate of
Workers' Compensation Insurance, or a Certiffed-Copy thereof. (Sec. 3800 LAB.C.)
Policy No. �72P,/0)8-8C - Company, :5tmk /,---Lt/vd
Certified Copy is hereby furnished:- Certified Copy is fil
Date? - 17-8 - Appl icant:51., sl,02z,
Dept. V/
Federal Longshoremen & Harbor Workers' Insurance Decl aration
I hereby affirm that I have a Certificate of Insurance for Longshoreman & Har o Wor er
Insurance as required by Federal Law.
ZeLte r SUJ 77(2�
Date 3- j 7-86 Applicant -,-5'at
�3 - 7-216 C,
Certificate of Exemption from Workers' Compensatjum),,
Insurance/Federal Lonqshoremen and Harbor Work—eisJ--rn-surance
I certiff-that-i-n—t-he---p_erformance of the work for which,�M�perrmit is issued, I shall not'
employ any person in any—m—a-nner--so as to become s� �J to the Workers' Compensation Laws of
California or Federal Longshoreman _&--Maizb rs nsurance.
Date Appl.icant
Note to Applicant: If, after ing this certificate of exemp n h Id be come subject
tio s ou
to the Worker's Compe��'on provisions of the Labor Code, orithe Federa ng horemen and
Harbor Workers' AcIg.,,you must forthwith comply with such prov sion s or this pe t shall be
deemed revqk �.
I certify that I have read this application and state that the above information is correct.
I agree to comply with all City and County ordinances and State laws relating to building
construction, and hereby authopile representat s of this City to enter upon..the above-
mentioned property for inspegfigIn' purposes. 7 10
Signature of permittee.
Pate
Aso,:
OQ
cy
Of
A
Z 11
At, C,
5,,-- ATER,
's
c
O&OW&
I-ei
NOWNIT -r S K ETC H
'"ev
N �K W P OP Y 5.4 Y, C: f-� L 9 F C, RN �A
-17 - ----- ---- ----
T 471111,
Al
AW -,-, I
f 'C�" Z" A, IR
one,
Yj
�/75 v I
:7
zoo
vr�
iCitiV-jWfA-ltWPORT BFACIF
HARBONIFRA.' P E MR;
prR-MISS;Gj%s IS "FpEay 1RUCT AW
MAINTAIN T1111E FAC71-ETY
AT THE SITE 17"DIt"ATZO, sil-1-1131----11—t."
THE HARBOR PERM -15T F-GlWA-) AN
ANY SPECIAL CO
15', NOT TRAN E;V-"4* T'A� S
THE CITY flf,�'�BGR
RIGHTS G-AlvIn.,.'N
AND THIS PER:NGtV V-441AV WE: i"l 9, 1
i 'All
IN ACCORDAW-C-V
"57
C 01 Vs r T
F—P
-- -- ----------- .............
SP,T.','VFA'L CO�41DITIONS:
Engh-m-,-ra Permit
orcmige county Permit
Other q14Ixt�611ce-c-, C -C ---.d '0"
9'- L7
PERMT N(
DREDGING APPLICATION
Project Location:— 618 Via Lido Nord
CubJLc Yards to be Drddged: 269
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Haul to sea and dump at latitude 33'31'42"N,
Longitude 11705448"W
Method of Material Disposition: Barge to sea
Turbidity Control Method: Material to be contained in dump barge at dredge site.
Effect of dredging on contiguous bulkheading and beaches None
LaVerne Harris hereby state that I have read the U. S. Army
(print name)
Corps of Enqineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guaranteethat the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
Rosella T. Herbert
(Applicant -type name)
4/16185
(Date)
Newport Dredging Co.
(Contractor -type name)
Signed:
Contractor's
've
Representat.-
01
r Y, ",4 CI -1-
5e 36
Id
A,
0
4M.
x
0 Oe
w4jr -lorry
VIC) PJ I TY SKE T C H fir
Nswpos?r V�AY/ CAL iPoRNIA t i i try -
gig
5,L) U. -I) QIn,7 5 QrW C S7 5 d /r7 Adr0i 00)Q( aOnOldr
o'el, /A 5 below A -Ica*? 10Ver ZO&V MoAr'r.
�,Ip 5? -e o/, hVe" 4Qo?,F7'j /0 vre'rei. lVarboe //e7es
are e , 10611,5h&d .1;7 ?'AZ'5
4
L
i r
F __I
14 I_Z/1�7 _JCO A
Cff� OF NEWPORT REACH
HARBOR PERMIT
ANC
is tjErtESY CRANTEV TO CONSTRUCT
M-AWTAIN THE FACLtTy T"-' rlp� '"E IlL 0
R 0 S s
AT T jiF � 4' ' 0 � 0
SITZ TO TV— P —V SI N
TIAC HAnI301t 17EACH Ahl:
RM
��',qy SPMAL CW11CMVIC:�NG
Is 1,40T Tw'mf�--
Q,*J CL.
�I,JE CITY VAPE.'U'i'- C`-
IRIGHTS GWEN U'Nr".-�
AND THIS PERMIT WIAY Sr�. r-.'EVCV,-'zD L: -"l' Ti-" 0
IN ACCOM)ANCE VOWIT4. -MLC�'�F Tilz :F "IL , ODE.
CITY HIA.460R CoUjffi'NTkT0fi
17s--crs'
DATIE
SPECIAL CONDITIONS:
CCrr-.s Of Englnaer3 Permit
Or6l"ge County P�nnit
Other 06-e 4-te �6- -7
PERMIT ISSUED SUBJECT TO
D"?"IDGE 1',ATERIAL BEING
HAULL-D-lb &---A
ACED ON 03'rEACH
67c( �tq-lw
1-2
crc f
C 0
60 cliv
Y
r -Xu
AJ
Ax AL
IMPERIAL SAVinGS
Imperial Savings Executive Office:
and Loan Association �3366 Via Lido
of Newport— Pasadena Newport Beach, California 92663
Telephone (714) 673-3130
NOVEMBER 30, 1972
CITY OF NEWPORT BEACH
DEPT. OF MARINE SAFETY
3300 NEWPORT BLVD.
NEWPORT BEACH, CALIFORNIA 92660
ATTN: CAPTAIN HARSHBARGER
RE: ESCROW No. 143i4 -SF
618 VIA LIDO NORD, NEWPORT BEACH.1 CALIFORNIA
GENTLEMEN:
OUR ESCROW, ABOVE NUMBERED.9 HAS CL03ED AS OF THIS DATEp
AND IN ACCORDANCE WITH SIGNED ESCROW INSTRUCTIONS WE ARE
FORWARDING THE FOLLOWING�FOR PROCESSING:
1. PIER AND SLIP TRANSFER FORMS, SIGNED BY THE SELLERS
AND THE BUYERS. (DUE TO THE FACT THAT BOTH PARTIES
WERE LEAVING TOWN, IT WAS NECESSARY TO OBTAIN THEIR
SIGNATURES ON SEPARATE FORMS TO SAVE TIME.)
2. OUR CHECK # 0008184 IN THE AMOUNT OF $50.00 TO COVER
YOUR TRANSFER FEE.
WE TRUST THAT YOU WILL FINDTHE ABOVE IN ORDER AND IF WE MAY
BE OF ANY ASSISTANCE., PLEASE CALL.
YOURS VERY TRULY,
MA �,,RETL. CUNflING,
E3iCWCOW OFF I CER
MLC
ENCLS.
A Wholly -Owned Subsidiary of Imperial Corporation of America
C* of Newr)ort Beach
ity
3300 Newport Boulevard Newport Beach, California 92660
714/673-2110
February 27, 1974
Allergan Pharmaceuticals
0702525 Dupont Drive
Irvine, California
6 '7 7
Dear Sir:
Pier Permit #175-618 for 618 Via Lido Nord, Newport
Beach is registered to Mr. Gavin S4 HerbertX5Z
If this is incorrect, we will need a harbor permit
transfer application and corresponding fee as required
by City Ordinance 17.24.030.
At your earliest convenience, please advise this office
if youhave acquired this property so�that we may make
the necessary administrative transfer.
Sincerely,
t �le nt en
Marine Affairs Aide
.Marine Safety Department
GEW: 1 f
GAVIEN S. HERBERT, SIR.
280 CAMINO DEL SUR
PALM SPRINGS, CALIFORNIA 92262
March 23s 1973
Mr* D. Harshbargerp Captain
Marine Safety Department
City of Newport Beach
California
Dear Captain Harshbarger:
This is to confirm our telephone conversation today
regarding my property at 618 Via Lido Nord.
You probably were not aware of the fact that we had
a delayed escrow for tax purposes and it was only
completed this month.
Since I have been out of the country for the last
forty-five days and between now and July Ist will be in
Mexican waters at least 90% of the time, it would cause
undue pressure on me to properly redesign the pier and
floats in front of my house that are in violation of the
code.
I do hereby promise you that I will create a five
foot set back between my property and the property south
of me which would probably be that owned by a Mr. Reed.
It is my plan to have a new pier built for the entire
front of the house and expect to use the Troutline orga-
nization to do so.
Therefore, an entirely new pier will be ordered the
early part of July and installed as soon as possible
thereafter to meet my needs for a different size boat as
well as to update the floats to proper city code.
Most respectfully$
Gavin S. Herbert, Sr.
GSH: mwh
March 15, 1973
Mr6 Gavin S, Herbert Sro
280 Camino del Sur
Palm Springs# California 92262
Dear Mr, Herbert%
It has been approximately three months since I talked
with you by telephone with reference to harbor permit
",_,4175-608, 1 was under the impressio*# after our con-
versation, that you would be applying for a harbor
permit revision sometime about the middle of January#
at which time the finger float located on the common
property line between your property and 4" Via Lido
Nord would be removed.
To this datet I have not received the revision applica-
tion* I am still hopegul that you concur with the City
Staff that the encroaching float should be removed, As
you knowi I am obligated to hold harbor permit transfer
from Mr, Fishback to you until theencroachment problem
has been resolved.f I feel that a'reasonable period of
time has now passed# and I would appreciate your atten-
tion to this matter.
Please vecontact me at your earliest convenienceo
Sincerely,
NEWPORT
SCHOOL
OF
PHOTOGRAPHY
C411 C4 Av
km 0,00
1%a
/ /cc
lo�
3720 CAMPUS DR IV E, NEWPORT BEACH, CA LIFO RNIA 92660- TELEPHONE 714/557-1126
0
Dear Mr. Her-berti
I have received a Harbor Pier Permit Transfer Application
from the Imperial Savings escrow department requesting
that the pier and slip facilities bayward of 618 Via Lido
Nord be traiisferred from -Mr, Fisbback to yourself.
It is ray understanding that Margaret L* Cunning# the
escrow officer# has advised you that the finger float
structure located on the bayward projection of the
common property line between Your . property and that of
Mr, Read's at 626 Via Lido Nord is in violation of Council's
Harbor Permit Policies#, Section .20 A of these policies,
state, "all piers and floats for residential properties
shall be set back a minimum of five feet from the projection
of the property line".
I am hopeful that you will concur to the removal or relo-
oatidn of the finger float so as to comply with Council,
policy#
I am obligated to hold the transfer request until I have
an understanding of your thoughts with regards to the
encroaching float,
At your earliest convenience, please advise me of your
intentionso I can be reached at the Marine Safety
Department, 70 Newport Piert Newport.Beach,, (673-3360).
Sincerely,
D, HarshbargaV. captain
Marine Safety Department
DH -.1f
PARINE SAFETY DEPARTMENU
70 Newport Pier
673-3360
Novewber 21, 1972
Mx* Charles a. Roed
1156 Napoli Drive
Pacific Palisades# California 90272
Dear Mro Reed:
To bring you up to date and answer your letter of
November 100 we have been in recent contact with an
attorney for Mr, Fishback as well as the escrow com-
pany that is processing the sale of the property at
613 Via Lido Nord.
At this point in time, we do not know the position
that Mr. Fizhback or the new owner will take in
reference to the removal of the float in question.
It has been our positiono based on Council Harbor
Policy that thia structure should be removed prior
to transferring the current Harbor Permit, The
Municipal Codef Section 17*24,030 makes a provision
for us to take this matter to counci! for a deter-
mination should bhe encroaching situation not be
solved prior to approving the transfer,
I am well aware of your feelings and I can assure'you
that we will keep you fully informed of what transpires
before we will approve the transfer at the staff level,
Please feel free to contact me if I can be of further
assistance.
Sincerely,
D. Harshbargerf Captain
Marine Safety Department
DH:lf
CHARLES H. REED
MNU yd KFXX YJXFKS'�rX YEN
1156 Napoli Drive
Pacific Palisades, California 90272
November 10., 1972
D. Harshbarger,, Captain
Marine Safety Department
City of Newport Beach
70 Newport Pier
Newport Beach, California 92660
Dear Captain Harshbarger:
I am the owner of the residence at 626 Via
Lido Nord on Lido Island. You will recall that earlier
this year we installed a new pier and float and incident
to receiving your permit for installation, we requested
permission to remove an old float and piers adjoining
our property to the left as you face the water. While
we did not receive such permission at that time, you
wrote us on May 3 (copy of letter attached) to the effect
that that pier and float were in violation of current
city ordinances and that you would require it to be
removed should ownership of that property change.
It has recently come to my attention that
Mr. Fishback has sold the adjoining property, and this
letter is to renew my request to you that the pier and
float now in violation be removed incident to the renewal
of the Harbor Permit for the Fishback property.
Mr. Fishback has not been amiable to working out any
plan for its removal up to this time.
I will look forward to hearing from you further
in respect to this matter. Please note that my address
has changed to the one shown at the top of this letter-
head.
Thank you for your cooperation.
V
Charles H. Reed
Enclosure
oznta xia, uiautomia
Dear Mr. 'Mitd-tell�
T have discussed yowf letter of Se- an re
ptember 15 - d irimied the
situation with David BaadB, the Assistwt City Attorney. As
I indicatod illmy letter to Mfr, Reed, wl'J'th- a copy attad1hed for
Mr. Vishback, the Citf staff did not intend W a n
to tal-,e y ctio
with regards to the polmits now 'held Iry either Mr. Fishbach,
or Mr. ReeO so lop -g as the abutt.1mg uplansl properties Lin
retained -respectively by the.se individuals,
aectiQA. 29 0:6 the City Council Is. Harbor Pem it Policies, as
Interpreted by thO CitY Attomcy MA mySelf, oncklm-ibers the
staff to send trmsfer pe mits to the City Cotmcl*l :F. -or dispyosi-
tion.. where existing piers md. floats encroach In front of
abutting property owned by others, Tn.otter words, if either
Mr. Fishback or NIr - Pved soll their property a now pemmit 0
approved by Vio City Council, shall be%required.
It 1, is -': t6 staff Is position that we could not, in our recor.-
mendation for Comcil, recomend em issuanice of a trmsfer
PoMit Until the 51 setbacl requirem-pits are met,
It has been tlie City staff Is position to request voluntary
CaVlia'-Ce wit1i the Council's Harbor Peradt Policies, Situ-
ations that have developed when parcels are divided or sold
-or the most part corrected when transfer pemits
have been f
are required and one or the other or both of the effected
parties request =4)iiance.
cc: David Bvade,, Assistamt City Attorney
September 19, 1972
TO:
FROM:
SUBJECT:
MARINE SAFETY DEPARTMENT
70 Newport Pier
C
DAVID BAADE, ASSISTANT CITY ATTORNEY
Captain D. Harshbarger, Marine Safety Department
HARBOR ENCROACHMENT SITUATION
Please find attached a letter from James E. Mitchell dated September 15,
1972. I've also attached copies of the correspondence referred to in
Mr. Mitchell's letter, as well as the drawings of the two permits.
When you have the time would you please review the attached and give me
some kind of feedback with reference to the encroachment problem. In
summarizing the problem, Mr. Fishback wants to retain the bootlegged
third slip (drawn in red, #175-618). Mr. Reed would like to see the
standard 5' setback reestablished.
0�wl I �r'
D. Harshbarger, Captain
Marine Safety Department
DH:lf
Enclosure I
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MITCHELL, HART 8 BRISCO
JOHN E.HART ATTORNEYS AT LAW AREA CODE 714
JAMES E. MITCHELL COURTHOUSE PROFESSIONAL BUILDING TELEPHONE 835-0202
C. CHESTER 13RISCO 615 CIVIC CENTER DRIVE WEST -SUITE 225
POST OFFICE BOX 1736
SANTA ANA, CALFFOKNIA 92702
September 15, 1972
Mr. D. Flarshbarger, Captain
Marine Sa,fety Department
City of Newport Beach
70 Newport Pier
Newport Beach, California 92660
Dear Mr. Harshbarger:
References made to your letter of May 3, 1972 to
Charles H. Reid concerning Harbor Permit No. 175-626,
and your letter to my client Charles Fishback dated
May 5, 1972.
Mr. Fishba.ck is the owner of the property at 618 Via.
Lido Nord, Newport Beach together with a pier attached
to pilings on the common property.line between his
property and the property of Mr. C. Reid at 626 Via
Lido Nord. Mr. Fishback is thinking of selling or
leasing his property in the immediate future, and I
am writing to seek clarification of his right to
transfer the use of the existing pier to the new owner
or lessee.
-my opinion from reading your harbor permit policies as
adopted by the city council is that Mr. Fishba.ck can
transfer the use of the pier and piling to a new owner
or lessee without making any structural changes, due to
the fact that the pier and pilings were constructed prior
to the enactment of the earliest harbor permit policies.
It is customary to include some sort of "Grandfather
Clause" for existing structures in any new legislation
or ordinance. I think that paragraph 3c of the harbor
permit policies discloses such intention on the part of
the Newport Beach City Council.
Mr. D. Ha.rshbarger
Page 2
September 15, 1972
It is my understanding that when Mr. C. Reid acquired
the property a.t.626 Via Lido Nord about two years ago,
the existing Harbor Permit for his pier structure
abutting the property line was transfered without any
requirement of structural changes. This transfer would
be consistent with the idea that the piers and pilings
abutting the property line between 626 Via Lido Nord
and 618 Via. Lido Nord come under the Grandfather Clause.
It would be appreciated if you will review the Harbor
Permit Policies and confirm that Mr. Fishba.ck's pier may
be transfered to'a new owner or lessee without structural
changes. Also it will be appreciated if you will give
me an immediate reply, so that we ca.n properly advise
prospective buyers or lessees.
Sincerely,
James E.- Mitchell
JEM: j s
CC: Charles Fishback
MARINE SAFWY DETARTMENT
70 Newport P-Jer
May S. 1972
Mr. Charlees Fishback
618 Via Lido Nord
NeWPort Beacht California
Dear Mr* Fishback;
Please zind mlclos'-ed a copy Of the letter we
recient-ly Imailed 11-4r. C. lReed reference his
Harbor Par�h it # -14.75-626 located at 626 Via
Lido Nord, If you have any questllons con-
oerning the attache"Alf, pleaoe contact this
0 ff ica.
Sincerolyp
D, Harshbarger, Captain
Marix-ve Safety t)epartg1ent
DH: lf
'MARINE SAFETY DEPARTMENT
70 Newport Pier
May 3t 1972
Ur. Charles H. Read
126-76 Homewood Way
Los Angeles# California 90049
Dear Xro Reed;
We have issued you a Harbor Perziit # .175-626 so that
you can proceed with the revision$ on your existing
pier and floato The penmit will be sent to Trautwein
Bros*, the contraotor submitting the drawings and
application,
In your letter dated April 26t 1972j you are co rrect
in stating that the pilin4s and CrIoat on the acommon
property line between yours and Mr. rishback is in
conflict with current city policy'di
The original approval was evidently granted when a
preceding owner owned all of Lot 64� Sinoe the owner-
ship of Lot 64 has been dividedo a 51 setback ahould
be maintained.by the owners of each side!or' the now
existing property line,, Whe -he ky located at
n t I proper -
618 Via Lido -Nord changes oWnership, th.is, office will
request the removal of the structure prior to trans-
ferring the Harbor Permit held by Ilr Fishbacki The
responsibility for financing the remo*vaj shouj�d be
worked Out between you and ?4r# Fishback,,
AoweVer, it is hoped that you and Mr. Vishback can
voluntarily and amicably correct the situation in
order to avoid Council and our being required to
become directly involved,
Sincerely,
V* Harabbargert Captain
et
Marina Saf -Y Department
DH s lf
cc$ kir - Pishback
CHARLES H. REED
12626 Homewood Way
Los Angeles, California 90049
April 26, 1972
Mr. R. E. Reed
Marine Safety Director
City of Newport Beach
70 Newport Pier
Newport Beach, Calif. 92660
Dear Mr. Reed:
I am the owner of the property at 626 Via
Lido Nord and I have recently decided to rebuild my
dock. I have recently filed with you, through Mr.
Sam Kniss of Trautwein Brothers, an application for
a permit, -together with detailed plans for my new
dock.
I believe -that the property adjoining mine
has recently been sold, and I would very much appre-
ciate your permission to remove the existing concrete
piers and fLoat which were built many years ago on my
property line. The piers supporting the float are on
the property line, and the float extends 21- ft. over
2
the property line. Mr. Kniss has discussed the removal
of this float with Mr. Dave Harshbarger of your office
.,and I understand from Mr. Kniss that I can proceed to
build my new dock and remove all of my old facility;
and that,, when the property next door is transferred,
the existing piers and float on the property line
would be required to be removed.
I would most appreciate your cooperation in
expediting a permit to build my new dock, and your
confirmation of my understanding that the piers and
float on the property line will be required to be re-
moved when the prbperty'next door is actually trans-
ferred.
Sincerelly,
Cha�es H. Reed