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HomeMy WebLinkAboutM2005-0056173'- (a 3 o Cl r K AlOYRO,9r 6,e,4Cd-1 70 AD 1z )� i�7 2 9 < LIM, Coe.— �, VICIMITY SkETCH W4.0f Amy c4fir 2 2 7 Nswpoj?r 1:5AY, CAL IFORNIA k. Jerry /, r��a2 ,5'o4l.*i (211^7 s or& Q(,vo2ola cYe,- /A 5 below A-jrO17 10,Ver ZOW Wofflldrr. A442,V1"v(Ypv Qr ?,-.m/, OJL AW (.W/,y /0 ""Wgryf -'Ya'p-bor- /117C -S e are e lable'she tf- K) Lrl- I COAITRA CTOA �Wzpl),j 4OArLl, --7- -./ OF jqEVuyp0lRT REACH pi S 0 71 P E E? DR SEE AlM VaRSE HE Ef. ;AAiNTAH3,; W THE W THE SITE To THE HARBOR ;MACH AN' ANY SPECEAL COKDITAGNS L S72" 11"I"' TH'a Zjnp in MGT Tanx-sro" W;m=� TONVENT AND T"Is F 51' Mly COUP= WITH !WLE ivy ANN, 1411, WSW SPECIAL CONDTHONM, renn�.m ors permit onmgo ctuetty Fleradt other 0,z� PERIMIT ISSUED SU13jECT To .0 7 J--:- 6 ?r) Cl r K Neo�avr -7 %-,-,7 4; - -MLIW Pi, So Wfjr /Err 3 1 C) IVITY kf TC H WPaR I r 13AY, CAL IFOFZNIA 613 T f� Cr- i 6 7- 6 1 V A T) C-Ak/ 7- 5 A I f x Sbelo7dings c2re &,rprcssed /" jrreg on& O�Vvo/& 7,Z-AC7— fO 7 -Xna AoDzc s.45 --t . aa, tym�- �, A 5 below /,-?eOr7 ZoW'eP- LOW WO;'td'O-. pv.�7?& 0.", JO/'C/'C 104rell IyOeh011 11'�7C5 4,y 4 4 OA 7-e -,40cw(.�r vl), Ore --aryable'shad /;7 4- 4�, c lia r c 2,0' Ram? + 3 Z- 613 T f� Cr- i 6 7- 6 1 V A T) C-Ak/ 7- 5 A I f x 7— 4A-, 7,Z-AC7— fO 7 -Xna AoDzc s.45 I, 4,y 4 CaA.,nvAcroe oLovve'r" OA 7-e MY Or NEWPORT BFAC'F-� HARBOR PERMIT '-lEftMfSSvO" IS HEREBY GRANTED TO CONSTRUCT AN[) MAINTAlk THE FACILITY -SHOWN OPI THE REVERSE HEREOF AT.THE SITE INDICATED, SUBJECT TO THL PgaviSIONS 0� THE HARBOR PIRMIT POLiCIES OF NcWpollf IiEACH AK ANY !:PECIAL CONDMIVNS L�ZTCD nFr-jEa�q. TRANSFERAWX NViTt90lV-;r -J'��af VVp -CONSFN'TG- AY HARBOR OR C5TY COUNCIL. T14 UNDEV ]III$ ARE Pl:RMISSIVIE ONL 0 THIS PERMIT lAAY BE REVWKi:.0 EY TIVE Cilry COUNCO� :A ACCORDANCE WITH TITLE 17 OF THE MUNICtPAL CODE. C117 I'T ;'fl- .T�,Ub LAJ-laU SPECIAL CONDITIONS: Corps Of Engineers Permit Orange County Permit Other wAtz' �%.Oa� 44 CON IUCTION PE'dft DATE ........ �� 9 - W . . .... .......... SEE ATTACHED- SHEET aa- IVsA Al /17 -7 a L- - - - - - - - - - - - ........ ...... . . . . . . . . < oZ '! -------- ---------- - , A 0 vici Pi I CAL IF,2RN/A —poivr ,;.7 W/pol-/ A5 p c� (At eAvL e be 32- EEEEL 9RA�S INSPECT(ON I&I L !�As 'NO L GRASS ITHIN 15'OF PROJEC- EELGRASSINT PROJECTAREA �ca'ftt c - fill, j �Uiba cc SIGNATURE A0 r /-Z 2- /c, ova T /T "-,r C :r PERMIT# DATE IPL S�-Z, le, /11.= do' HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH D -�z -1_� oft, - 3 1&dlo,�r -3 7;�,� C7 - C r4�,z Ft J C4-,-wg -�46-4 STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PQ, Box 1450 200 Or-eangate, 1 Oth Floor LONG BEACH, CA 908024416 www.coastal.ca.gov Date: June 9, 2005 Permit No. 5-05-133 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit numb6r which was sent to you on May 19, 2005 and was reported to the Commission on Tuesday, June 7, 2005 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive ec By: LAURINDA OWENS Coastal Program Analyst CC CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-133 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: May 18, 2005 (562) 590-5071 Page 1 of 6 4N Tue 3c ADMINISTRATIVE PERMIT APPLICANTS: Leigh Rabbit, Trustee PROJECT . DESCRIPTION: Remove and replace existing "U" shaped boat dock system with same including: Two (2) 4' x 42' fingers, a 4' x 14' backwalk, 3' x 24' gangway, 10' x 14' pier with a 4' x 20' approach; replacement of one 12" concrete "T" pile under gangway landing with same; and use of Douglas fir for framing and composite materials for deck boards. PROJECT LOCATION: 634 Via Lido Nord, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a Subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: 9:00 a.m., Tuesday, June 7,2005 Sheraton Los Angeles Harbor 601 South Palos Verdes Street San Pedro, CA 90731 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Anal�st 5 -05 -133 -[Rabbit] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages. four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the.proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Promect Description The subject site is located at 634 Via Lido Nord in the City of Newport Beach (Exhibits #1 -2). Single-family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal of an existing "U" shaped dock system and replacement with same including: Two (2) 4' x 42' fingers; a 4' x 14' backwalk, 3' x 24'gangway, 10' x 14' pier with a 4'x 20' approach; replacement of one 12" concrete "T" pile under gangway landing with same; and use of Douglas fir for framing and composite materials for deck boards. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. Public access to the bay is available along at the streetend of Via Orvieto approximately 425 feet northwest of the project site and 5 -05 -133 -[Rabbit] Administrative Permit Page 3 of 6 also along the walkway/bikeway/accessway adjacent to Lido Channel seaward of the project site. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Quallit The proposed. work will be occurring on, within, and adjacent to coastal waters. The storage or placement of �construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQ As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. 5 -05 -133 -[Rabbit] Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: Water Quallit A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the,applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and boftom-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 5 -05 -133 -[Rabbit] Administrative Permit Page 5 of 6 be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eelgrass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass -construction survey shall be completed .(typically March through October). The pre 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 (115) 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 1.21 (mitigation: impact). The exceptions to the required 11.21 - mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5 -05 -133 -[Rabbit] Administrative Permit Page 6 of 6 3. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the'survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxitblia is found within the project or buffer areas, the applicant shall not proceed with the project until.1) the applicant provides evidence to the Executive Director that all C. taxitblia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing GAAdmin. Permits\2005\2005-06\5-05-133 (Rabbit) NB Dock LO.doc �M........... -QQ AC at io ct YT' If COASTAL COMMISSION EXHIBIT # PAGE OF 77 z 1 Q, �M........... -QQ AC at io ct YT' If COASTAL COMMISSION EXHIBIT # PAGE OF 154, cl, A,4z C�j all, IG c\j VIA a t" or -or ow c\j 11a70 c\j C\j VIA C\l ;l or oe- ZZ -o47, or oil DO c\j -r If o' -"'y6'7 7 or zz ta 6,0 VIA COASTAL COMMISSION EXHIBIT # PAGE OF j— uv 7- K V; c �j I, TY 5kETCH -s�r J15rr" I Iry 7"f arf f zjable'5."oll Scc7�1017 07 c -v- /17 Wo, or cl�l 3Vq, 6 Z Zobz- EELGR kSINSPECTION S IT NO EEL GRASS ITHIN 160F PROJECI 4 T P C3 EEL GRASS IN T PROJECTAREA 6 3 SIGNATURE PERMIT # DATE HARBOR RESOURCES DIV. ""ITY OF NEWPORT RPArP COASTAL COMMISSION EXHIBIT # PAGE I OF 7 =-, � ;2 _j 4. J SAC Vin MI -T. Y- sxETCH Wr-sr -45Tr7r CAZ. I F.*s%Ni.A .1 17 9 5 M-0 e4R-0-4=ss-d ,- 'r-rey, 0,10, 01"role �6 e10 W /L-IC017 10WIr.- 1-40W are or rich a- ?rilc w 'poft BCgr. al 63 2- c 7- V. A C,4,1-1 7-:5 -14n6 .400zess stal Conm*ssion i V,, 0 -3 1 !a ict -1c 12 Z1- llerm�t By: ---------- 5z EITECTIV 'ate� - --- ------ SINSPECTION SS rrHII 'NO EE� SS [THIN 16OF PROJk Pq ;0 EEL GRASS IN T PROJECTAREA K4 M SIGNATURE PERMIT # HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH X �4- 1-Z 2 IC-' DATE 7;�--A C7- 7- Af AmEd cz cu AU ap VIC 1A U �R C) C) j 7 elm" 17 cof ---------- -- -- dL 1p. is I D 91 It's 2EL VICI M LTY �5-XETCH _?e- C NArwpoRr BAY, CAL IF'ojaNIA d.S 7 9 Ss d'd In 7�� C"F,- I-VCOP7 Z0We,- ZoW Ararho,- 4�7e_5 Ore ezioble'sArol se&yiloo? 07r Vew oe Poe /6,7 f-4 oa ` Conunission t �>Vct Office 12 Permit By: ------- v ------------- 4 EFFECTIVE 4be 5Awt f .4, EEL GR S INSPEC ION' T -NO EEL GMSS ITHIN 1'5'(jF PR OJEC� .0 EELGRASSINT PROJECTAREA m SIGNATURE I IN" rrHII T PR 111 2 /b T R PERMIT # DATE HARBOR RESOURCES DIV. V-1 CITY OF NEWPORT BEACH 1,:� 1 7- _7 -Ica 4c?oz5s;5 'kill C roz -5w, 3-15-o California Regional Water Quality Control Board Santa Ana, Region Alan C. Lloyd, Ph.D. Agency Secretary March 28, 2005 3737 Main Street, Suite 500, Riverside, California 92501-3348 Phone (951) 782-4130 - FAX (951) 781-6288 http://www.waterboards.ca.gov./santaana Arnold Schwarzenegger Governor Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCE, LEIGH RABBIT, 634 VIA LIDO NORD, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers deten-nine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (951) 782-3288. Sincerely, /) W ?"w T elic eno (Jun) T. Martirez, Jr.,lu". P .ctl Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JIS/blutag240let California Environmental Protection Agency %41D Recycled Paper 9 DREDGING PERMIT Harbor Resources Division Address: 6 50 LI'do Nof,4 Pier PerM it#: 1 '76- - 6,3 Action- . Status Application Received Date: - ? ea // 9 /0 :5--, Eelgrass Inspection Eelgrass Nd>� Date: *711 -7 Present Yes H. R. Approval to Comments: O)c -IV GM Completed Date: Submit to Agencies -,�etd '-7 q JO Sent to Corps/Costal Date: Yes No OK from Corps Yes No OK from Coastal H. R. Date: Dredging Approval Initials: Completion Report Date: Received Comments: mi"-- n- e P-) f C-0, 4 1 C1.1 -SI.16 ft, 1 11+4 C a te -Co- A 6 ( " STATE & FEDERAL AGENCY DREDGING APPLICATION I �� ".", -30 Permit No. 7 1, 6 Payment: $455-00 Check No: 156 Date: 7/7/05 Project Location: 630 Via Lido Nord Newport Beach Latitude/Longitude: 33.6124550 N 117.91297* W Cubic Yards to be Dredged: 167 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 Bulkhea ding and Beaches: RESTORES BEACH AND REINFORCES BULKHEAD Project Begins: Project Ends: WILL SCHEDULE PROJECT WHEN WE RECEIVE PERMIT Page 2 Dredging Application T,:L- zV-,,E. Miller (ApplicanttApplicant's agent), hereby certify that I have r6ad the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions of those permits. I will further hold the City harmless from and indemnify them against any claim 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 judgment arising out of the activities of the applicant carried on under the authority of such permit. Jane & Sandra Farwell Applicant — Please Print Shellmaker Inc. Contractor — Please Print July 18, 2005 Applicant/Agent linaker Inc - Cl r ge,4CAI 74 --i� 3 -5- '---1 -7 I & 7 Z� - o.14 dC LU C) cr a- rr- m U- 0 1 -- ED ui K CC LU cQ = a- 1= LU cn 3:: --69- , by+ ---21N: co C9 CO —A LU W ED uj >; :c 5 C.> c') Z5 -,z LLJ Co 0 0 CL CA �54 uj cc 0 .,Do "/f X, " 173--63o Z�5-�l ;--- 0 0 VICIMITY SKETCH Nawpoar 5AY, t aep YA 5 below Or IYO. 16011 41�7C,5 "'a' C j�7 74,fS ,P,Oel 6ar /,�/, 141�r'll K�r'Xealll Z" Atf arLit2ii -A Z&A= �112 7 aA, eraA Shellrn-#er �Oq7-e7-/S -rij j L4 /,�/, 141�r'll K�r'Xealll Z" Atf arLit2ii -A Z&A= �112 7 aA, eraA Shellrn-#er �Oq7-e7-/S DAVID H. LEE &ASSOCIATES, INC. GEOTECHNICAL ENGINEERING -*- ENGINEERING GEOLOGY DHLA Ms. Lisa Miller C XJ -V —UtaC 2035-F Placentia Avenue Costa Mesa, CA 92627 July 15, 2005 Our Project K05.048.00 SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from the Farwell Property located at 630 Via Lido Nord, Lido Isle, Newport Beach, California 92663. Dear Ms. Miller: Presented herewith are the results of our phi grain size analyses performed on the soil samples provided to us by your firm. The test procedures were in accordance with ASTM D 422-63 (1998) and U.S. Army Corps of Engineers 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, Reviewe David 11 Geotech Attachments: Plates 1.1-1.2 Grain Size Summary Plates 2.1-2.2 Cumulative Grain Size Distribution PHI Units Distribution: Addressee (2) R\PROJECTS\K05.048. 00\K0504800-PFff-GS Itfm & 0 a 9 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ---------------------------------------------------------- 19 -4.25 31411 0 0.0 9.5 -3.25 3/811 0.4 0.4 Gravel 4.75 -2.25 4 1.2 1.6 2.83 -1.50 7 0.2 1.8 2 -1.00 10 0.2 2.0 1.41 -0.50 14 0.3 2.2 ----------------------------------------------------------- 1 0.00 18 1.1 3.3 0.71 0.50 25 2.6 5.9 0.5 1.00 35 8.7 14.6 0.35 1.50 45 14.1 28.7 0.25 2.00 60 30.9 59.7 Sand 0.177 2.50 80 28.8 88.5 0.125 3.00 120 9.1 97.6 0.088 3.50 170 1.1 98.7 0.075 3.75 200 0.1 98.8 0.063 4.00 230 0 98.8 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 1.2 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by SHELLMAKER, INC. The sample consists of a POORLY GRADED SAND (SP): light olive brown (2.5Y 5/4); moist fine to medium sand. The sample was obtained from the Farwell Residence, 630 Via Lido Nord, Newport Beach, California at a depth of -1.5 feet to 4.0 feet MLLW. I I no MONNEIREMSEEN IMUMMUMS 111111101MIUM1111111 loss 1 KANIEF11111111111! David H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY 1 Moulton Parkway, Suite D-1 1 Norid mw�'�505001 Laguna Hills, CA 92653 HUMMUREN Telephone: 949A61-5690 CLIENT: SHELLMAKER, INC DATE: no Fax- 949-461-7901 July, 2005 Sieve Opening Particle Diameter in U.S. Standard % Material Cumulative Percent (mm) Phi Units Sieve Size Retained by Weight Retained ----------------------------------------------------------- 9.5 -3.25 3/811 0 0.0 4.75 -2.25 4 0.8 0.8 Gravel 2.83 -1.50 7 0.1 0.9 2 -1.00 10 0.2 1.1 1.41 -0.50 14 0.2 1.3 1 0.00 18 0.5 1.8 ----------------------------------------------------------- 0.71 0.50 25 1.2 2.9 0.5 1.00 35 6.9 9.8 0.35 1.50 45 18.2 28.1 0.25 2.00 60 35.3 63.4 0.177 2.50 80 25.6 89.0 Sand 0.125 3.00 120 8.2 97.1 0.088 3.50 170 1.1 98.3 0.075 3.75 200 0.2 98.4 0.063 4.00 230 0 98.5 ----------------------------------------------------------- Silt-Clay <0.063 <4.00 <230 1.5 100 A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by SHELLMAKER, INC. The sample consists of a POORLY GRADED SAND (SP): light olive brown (2.5Y 5/4); moist fine to medium sand. The sample was obtained from the Farwell Residence, 630 Via Lido Nord, Newport Beach, California at a depth of +2.5 feet to 0.0 feet MLLW. insion volume monsoons IN I I IN 11,10TE; soon IN UNIP590514111111 David H. Lee & Associates, Inc. PHI GRAIN SIZE SUMMARY rgAIIIINKS11111111 23011 Moulton Parkway, Suite D-1 1 Emismat;dmmnmml OUR, on on 10 I Laguna Hills, CA 92653 1 so on so 1 inn I Is I Telephone: 949-461-5690 CLIENT: SHELLMAKER, INC JC= DATE: smimmommommomms Fax: 949461-7901 July, 2DO5 EME III ,III loan IMMUN, Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that arc required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying celgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species arc 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 Hoffinan, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (958) 467-4218). * Required Information Site Name: (common reference) Farwell Residence (tenant occupied: Scott) 630 Via Lido Nord Newport Beach, CA 92663-5521 Survey Contact: (name, phone, e-mail) Debbie Karimoto (949) 887-7041 (cell) (949) 830-1173 (fax & office) �motok debkgn Permit Reference: (ACOE Permit No., ACOE RGP OT, CCC Permit No.)-, 175-630 Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor) Specific Location: (uTM, Lat./Long., datum, Approximately: 33.612455'N and 117.912970 W accuracy level, attach OR electronic smey area map if NAD 83 State Plane CA VI (X,Y) 60544904.94, 2170609.8 Image 265,266 possible) See attached maps Was Eelgrass Detected: Yes, Edgprass was found at this site. XXX No, Eelgrass was not found at this site. Description of Permitted Work: Dredge slip to reinforce bulkhead and deepen slip. (describe briefly the work to be conducted at the site under the permits identified above) - I - Description of Site: (describe the physical and Depth range: * 2-8' -Tide varied between + 2.5 F and 2.77' at biological conditions within time of �nrvey. the survey area at the time of the survey and provide insight into variability, if known. Please provide units Substrate type: Soft, silty sediment for all numerical information) - Temperature: 700 Salinity: Normal bay range of 30-33 ppt Dominantflora: Unidentified green alga—NO colgrass Dominantfauna: Barnacles Wegabalanus calVomicus) Mussels (Mytilus califorianus) Sand bass, Tube -dwelling anemones, Tunicates Exotic species .4- encounterea. None Other site description notes: None Description of Survey Effort: Survey date and time 17 July 2005, 10:30-1:00 pm (please describe the period: surveys conducted including type of survey (SCUBA, remote video, Horizontal visibility in 6 inches at depth to 5 feet in shallows dc.) and survey methods water: employed, date of work and survey density (estimated percentage of the bottom actually Survey type and methods: SCUBA survey; Diver swam transects throughout APE. viewed). Describe any limitations encountered during the survey efforts. Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: –100% of APE; no eelgrass found Survey limitations: None Other Information: (use this space to provide See map and site sMeY sketch any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporfing Form (version 1,0, 6/7-U/U3) Site A Mims: -2- 630 Via Lido Nord Newport Beach, CA 92663-5521 -3' Site A i1dress: 630 Via Lido Nord Newport Beach, CA 92663-5521 Blue outline reflects survey perimeter. All area within that perimeter was surveyed. -4- V This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations Issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (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 Caulerpa. 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 Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 17 July 2005 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: Farwell Residence (tenant occupied: Scott) (address or common 630 Via Lido Nord reference) Newport Beach, CA 92663-5521 Site Coordinates: (UTM, Lat./Long., datum, Approximately: 33,612455'NaiidII7.91297'W accuracy level, and an OR NAD 83 State Plane CA VI (xy) 60544904.94, 2170609,8 Image 265,266 electronic survey area map or hard copy of the See attached maps map must be included) Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office) debkarimoto&oxjiet Personnel Conducting Survey (if other than Same above):(name, phone, e- mail) Permit Reference: (ACOE Permit No., ACOE RGP #5V 'I RWQCB Order or Cert. 175-630 No.) Is this the first or second survey for this First Was Cauterpa —Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG XXXX No, Cauler0a was not found at this site. personnel identified above) Description of Permitted Work: Dredge slip to reinforce bulkhead and deepen slip. (describe briefly the work to be conducted at the site under the permits identified above) Description of Site: (describe the physical and Depth range: 2-8' -Tide varied between + 2.5 F and 2.77' at time of sunLey. Substrate tVpe: Soft, silty sediment biological conditions within Temperature: 700 the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Salinity: Normal bay range of 30-33 ppt Dominantflora: Unidentified green algae (see photos) Dominantfauna: Barnacles (Megabalanus californicus) Mussels (Mytilus califorianus) Sand bass, Tube -dwelling anemones, Tunicates Exotic species encountered None (including any other J:q��erpa species) Other site description notes: None Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density Survey date and time period: 17 July 2005, 10:30-1:00 pm Horizontal visibility in water: 6 inches at Survey type and methods: Surveillance level SCUBA survey, Diver swam transects throughout APE. _ Survey personnel: Debbie Karimoto (949) 887-7041 (cell) Survey density: –100% of APE (estimated percentage of the bottom actually Survey limitations: viewed). Describe any limitations encountered None the �survey �effort�s- _!Lu�rg Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps,_repo 3, etc.L--L— Caulerpa Survey Reporting Form (version 1.2, 1013 I/U4) Site Address: 63 0 Via Lido Nord Newport Beach, CA 92663-5521 SiteAddress: 630 Via Lido Nord Newport Beach, CA 92663-5521 Blue outline reflects survey perimeter. All area within that perimeter was surveyed. Page I of I Walters, Lisa From: Miller, Chris Sent: Thursday, May 15, 2008 4:43 PM To: Walters, Lisa Subject: FW: Dredging at 630 and 634 Via Lido Nord I faxed to Harbor Patrol and PD on Thursday. From: Lisa Miller [mailto:shelimaker@sbcglobal.net] Sent: Thursday, May 15, 2008 1:18 PM To: Walters, Lisa; Miller, Chris; Jane Farwell; prwbbitt@rabbittinsurance.com Subject: Dredging at 630 and 634 Via Lido Nord Lisa and Chris— Do to the only acceptable high tides we will be dredging at the above referenced projects on Nay 19th and 20th and June 16th and 17th until as late as 10:00 pm. The owners of the projects will be notifying their neighbors. Thank you. Lisa 05/19/2008 T 0 TA 74TI.S Of REPLY TO ATTENTION OF: Office of the Chief Regulatory Division Ed Rimpau Jane Farwell Peter Rabbitt DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 C/O: Lisa Walters Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 November 21, 2007 Dear Mr. Rimpau, Ms. Farwell, and Mr. Rabbitt: This is in reply to your application (File No. SPL-2007-1265-YLC), dated August 28, 2007, for a Department of the Army Permit to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California (as shown on enclosed maps). This letter authorizes maintenance dredging bayward of 628, 630, and 634 Via Lido Nord. Applicant(s) Site Address(es) Volume Beach Disposal Ocean (Cubic Disposal Yards) Ed Rimpau 628 Via Lido Nord 392 392 cubic yards 0 Jane Farwell 630 Via Lido Nord Peter Rabbitt 634 Via Lido Nord 90 linear feet Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. A general permit does not grant any property rights or exclusive privileges. This letter of verification is valid until October 4, 2011. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Yvette Cardenas at (213) 452-3418. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army.mil/survey.html. Sincerely, yZe Chung Senior Project Manager South Coast Branch Regulatory Division Enclosure X�P _iEE 7.7-Ei E -:A UE Ab _nT ho I 119 Q �_Ji_ j 110 s m\v lug lkb LU 1-4 Vldl&fITY —43�5,4CIl _;11 �7 j— 4 -�v f7 '5'Y ce IN ic Li j M _,4 'Vrc� L140 - C3 V1 ETCH b clo w A -7c=0,7 Z o w4f,-- 57 tF a; ric-11 f�,- P"); C7r(f --ZT7'Gb1e'5,6,=o1 PL I ox (q- I ext Vr 11-1 e,5 ach cly ss xc- A R, ov� cc h(A%(f Ct Nvat sc, I r - HARBOR RESOURCES DIV. 72, CITY OF NEWPORT BEACH i 7- -13 7�A —A/1f ' " "a t dv 7 cl pit, cl Pj l..T v �5-,<ETCH ir o/p a %Tr 13AY/ CA-' IF'ORNI.A J -1 46&/ow lj�lzraP7 Zowe'- 71 -k%7,";t 9 e c' ir '7re eZ"C'ble'SAC-01 ;7 7/.Xl;s pa 4. ext 3 rX2�ql -le �w 17 46 Ari -51; 63 6 6-9 /V A /V illz= - --- ------ HARBOR RESOURCES DIV. Li N CITY OF NEWPORT BEACH J 1=1 7 TZ -A c-7- HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions March 31, 2005 Property Address: 634 Via Lido Nord 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 r)ier is under the Durview 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 cons�ldered to be -cosmetic in nature does not reauire a r)ermit. 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 mav override or chanae these conditions. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Vessels will be allowed to extend channelward past the end of the fingers by the width of their beams. 6. The side property lines project channelward on the same bearing from the bulkhead. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the finqer is 5'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the finqer is 5'. Siqnature Chris Miller, Ha iviy (*-7 Resources Supervisor F/ // /o< Date Appli cant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date P. 5 P.2 HAR13OR RESOURCES DMSION 829 Harbor island DfWe CA 92660 Newport Beath, 949.844,3034 Fox 949-723409 Pier Perwit Conditions Maw,h4l.2005-- 'Property Address: 534 Via Lido Nard -Dure or modify the dock with refemnea to the plans cpiffently tinder considerStiOn to recOnfi r,y,,"M, the fallovAng conditions vA now be In Off8d an the above referenced Wer. 1, The pier paWtittee 19 ewal`8 Of the Harbor permit ftlides and Chapter 17 Of ft City 'Of Newport Beach municipal Code, The pier peymittee understand$ that thaSbOvO 1QfMn`o8d vier Is under the aurvigw of them Policies and Codes. 2. Any NtUra work on me above men0oned pier requires POrMits Wfth the CRY Of NewPort Beach and sny other applicable 896RQ83. plalnrmg, replacement of rub taus and work considemd to be cosmatic In nature does W reaulM 0 carmit ro as d do& 9yoUrn 3. The conditions set forth in this documer.d pertain W the cUrrent, P P 8 under conalder0on. Any future m0d"IMMOns or afteraftne to " dock gyatem my mquire now condidon&which mov override Or chanae thesm conditions. or, pl@r platform, Usngway and floaL Patio 4- Only marine oriented u8w are snowed on the p] furribm plants eft—are not permumd. 6. Vanels will be alkwied to extend channalwaft! pad the and of the fingers by the width of their beams. & The side pFopsrty lines project channelward gn the, same bearing from the bulkhead. T. The maximuM beam Of a vessel thgt is permitted to side to to the westan1most aide Of the finger 16 5% 8, The Maximum beam Of 9 vessel that Is permitted to side tie to the easternmost side of the finner is W. WP() LI 'RESOURCES DIVISION Harbor Island Drive )rt Beach, CA 92660 M34 / Fax 949-723-0589 APPROVAL IN CONCEPT C"lay'-wd o Co a V +a I (�m A,r,,te c)iaw- M 2 - t'e'5- q Munwd f" jq T'C A $,1.4 cc /-)Iprwq I ce, &-/ , APPROVAL I�ONCEPT 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: Remvoe and replace U-shaped float, pier and gangway like for like. Replace (1) T -pile under gangway lobe same as existing. Address number must be stenciled on at least 1 bayward facing pile Pier conditions must be signed by applicant prior to final approval. 113roperty Address: 634 Via Lido Nord I Legal Description: lHarbor Permit Number: 175-634 1 IPlan Check Number: 0666-2005 1 jApplicant: Peter Rabbit I Applicant's Mailing Address: 634 Via Lido Nord, Newport Beach, CA 92663 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 �4They comply with the current adopted Newport Beach General Plan, Zoning /Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, 6---Tha-t 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 concer)t and said aDr)roval has been written ur)on said nlans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local quidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal bv Newport Beach unless a substantial chancie 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. Tom Rossmiller, Manager, Harbor Resources nature: I-'11"k)Y Chris Miller, Harbor Resources Supervisor March 30, 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICAtiMBOR RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH BUILDING DEPARTMENT 6m, PI [=A-Qg= 9)Pl?dT f)P TVD= (@� 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. - 6 3 q 611,4 PHONP NO. b 31,31 2�j F] 4. ARCH ITECT/DES IGN ER'S NAME LAST FIRST LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT CITY STATE ZIP 2. DESCRIPTION OF WORK r A IA-�J , 4, 1,41 f, - e� NEW LA ADD E] ALTER PIR, , , 71, C -l/ 1 -111 I-vl Check Armnonriate Raw far Annlirnnt —J; DEMO [—] �IUSE # OF STORIES VALUATION $ SQ FT (NEW/ADDED/EXTG) F1 3. OWNER'S NAME LAST IR T OWNER'S ADDRESS A � q VIA -,/tv OWNER'S E-MAIL ADDRESS Cily STATE ZIP -� p;> C4---. PHONP NO. b 31,31 2�j F] 4. ARCH ITECT/DES IGN ER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DES IGNER'S ADDRESS CHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME FIRST STATE LIC. NO. A'Z ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS �//o r CITY STATE ZIP st,9 PHONE NO. 6. CONTRACTOF�§ N AME >-W? BUSII`4ESS LIC. 5Y-�00)Y,Nlo. -STATE LIC. 1) Class CONTRACTOR'S ADDRESS I CONTRACTOR'S E-MAIL ADDRESS STATE ZIP PHONE NO. OFFICE USE ONLY MAR 15 2005 PERMIT NO. TYPE OF CONSTRUCTION PLAN CH - ECK NO. PLAN CHECK FEE OCCUPANCY- GROUP '13 i T � Ng�t $ — 11 PLAN CHECK ENG. r-ormsxtsiag—appication 6/2t/U4 A —10-2005 12:49 FROM:SWIFTSLIPIDOCK.COM C949) 631-3122 TO:7230589 UG P.1 �j I A It Qf- QAUI-QKNkA I Hh. KtWVKUht� A(jtNL;Y AKNULU bUhVVAK4LNIzUUIzK, 00veMOt ICALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT BoX 1450 200 Oceengete, 161h Floor LONG BEACH. CA 90602-4416 YVWW.00a$taLCB.90V Date: June 9, 2005 Permit No. 5-06-133 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit numblir which was sent to you on May 19, 2006 —and was reported to the Commission on Tuesday, June 7, 2006 is now fully effective. Development of your project is subject to compliance with all terms and. conditions specified -in the Administrative Permit. Should you have any questions please contact our off ice. Sincerely, PETER M. DOUGLAS Executive c By: LAURINDA OWENS Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION W '50 P - -3122 01 0. r. 4. i .2 01 5 12. FROM:SWIFTSLIPIDOCK.COM C949) 631 TO:7230589 ARNOLD SCHWARZENEGGER. Goyemor STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Appliration No. 5-05-133 A;�% 200 Oceangate, Suite 1000 Date: May 18, 2005 wiv� Long Seach. CA 90802-4302 (562) 590-5071 Page 1 of 6 Tue 3c ADMINISTRATIVE PERMIT APPLICANTS: Leigh Rabbit, Trustee PROJECT DESCRIPTION; Remove and replace existing "U" shaped boat dock system with same including: Two (2) Wx 42'fingers, a 4'x 14'backwalk. 3'x -24'gangway, 10' x 14' pier with a 4' x 20' approach; replacement of one 12" concrete "T" pile under gangway lending with same; and use of Douglas fir for framing and composite materials for deck boards. PROJECT LOCATION: 634 Via Lido Nord, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one&third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: 9:00 a.m., Tuesday, June 7,2005 Sheraton Los Angeles Harbor 601 South Palos Verdes Street San Pedro, CA 90731 IMPORTANT - Before you may proceed with development, the following must occyr: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office, Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit effectiveness. PETER DOUGLAS Executive Director By- Laurinda R. Owens -. Title: Coastal Program Analyst Peter,and Beth Swift S*jfj*lip 16oai Dock Repaiis 2017,pla�qntia Avenue Coin Meqj6 CA 92,627 Re: Coastal. Development Permit Application #5-05-133/Leigh Rabbit� Trustee 'Door Mr. and Mrs. Swift-, -On June 7, 2005, the Coastal cmmi&gion approved the ahove-referanced Adudnimative Pei�t forkepmrs to an existing boat dock at 634 Via Lido Nord in Newport Beach. In both the coanal development permit application and Administrative Permit it was stated the, replacement dock would be four fed In the"project description that two ftcn for wide by 42 fact long. However, after the pentut was approved, it was brought to our attentlon thg the fmSers will actually only be three feet wide. Since this is a wiuor elmge wbich does not exceed the size of the fters permitted uor alter the description of ft permitted work W agy other way, a permit amendment is not necessary to reflect this change. Accordingly, we will make a file note for the pez�mit record. We trM this letter vAU suffice to meet your needs to obtain approval from the Harbor Resources Division. Mmok you. sinoft-ely, Lamma R. Owens Coastal Plamm Pear Mr. Swfft- P. 3 I -rence is made to your request of April 4,2005 (File No. 200501155-CLK. Under the Zek Orovisions. of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to remove the existing "U" shaped dock with another "U" shaped boat dock y '_,Ihat would have 4 -foot by 42 -foot fingers, a 4 -foot by 14- foot backwalk, a 3 -foot by 24 -foot gangway, a 4 -foot by 14 -foot pier approach, and to replace one "T" pile under the gangway lobe in the city of Newport Beach, Orange County, California, as shown on the enclosed -drawings. I I The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with an conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior tot he 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 33 CPR Part 331. The complete appeal process is diagrammed in the enclosed Appendix 13. Thank you for participating in our regulatory program. Sincexely, Mark Durham Chief, South Coast Section Regulatory Branch H, —3122 TO:7230589 AUG 11 50; �F�,OH:SWiFTSLIPDOCK.COM C949) 631 Tl� i� 0, I Water Quality Control Board ea If6rhia: Regiona Santa Ana Region 3737 Main Street, Suite 500, Riverside, Califamia 92501-3348 Arnold Sebwarzenegger Alan C. Lloyd, Ph.D. Pbone (951) 7824130 - FAX (931) 781-6288 Governor Agen 4ecretary http://www.waterboards.co.gov/santaana PROPOSED REBUILDING OF BOAT DOCK, LEIGH RABBIT9 634 VIA LIDO NORD, GE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project, Based on these assurarices, clearance is provided. However, should the Army Corps of Engineers -determine that this project requires a Section 404 pennit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clem Water Act. Should you have any questions, please contact J. Shami at (951) 782-3288, Sincerely, T ilomeno (Jun) T. M 'rez, Jr., P. tio iMief, Replations Section cc: California Coastal Commission, Long Beach Anny Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JIS/blutagWlct California Environmental Protection Agency Recycled Paper Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer INSPECTION FORM Harbor Resources Department z, /Z 1 /05 Don Duffy 6351 Vet L, -du Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon Backflow Present ther Comments ,rass Yes No Presentl Pump Out, Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description --CF Number Location on Dock Comments I Observations Other Request U." June 8, 2005 TO: HARBOR COMMISSION FROM: Harbor Resources Division (City Manager's Office) Chris Miller, (949) 644-3043 cmiller@city.newport-beach.ca.us SUBJECT: Dock Reconf iguration Appeal — Rabbift @ 634 Via Lido Nord ISSUE: Mr. Rabbitt at 634 Via Lido Nord has submitted plans to Harbor Resources to replace his entire dock system like for like. He proposes to maintain the same 3' width on the fingers of his U -Shaped float. City dock construction standards require 4' minimum finger widths for residential piers. Mr. Rabbitt is appealing Harbor Resources denial of the proposal. ALTERNATIVES: If desired, the Harbor Commission may: 1 . Approve the proposal as submitted with 3'fingers. 2. Deny the proposal as submitted. Applicant must maintain the 4' finger width as required by City standards. 3. Deny the proposal as submitted. Applicant must maintain the 4'finger width as required by City standard. Allow the setback on either side of the property to be 4' instead of the minimum City standard of 5'. BACKGROUND: Mr. Rabbitt proposes to replace his entire dock system, like for like, with 3'fingers on his U -Shaped float. His current configuration has 3'fingers which are necessary to enable a vessel with a 15' beam (with a 1' buffer) to berth at his float while still maintaining the 5' setbacks as required on both sides of this property, per City standards. (Please see attached drawings.) These 3'fingers are proposed to be structurally stable and calculations will be provided when the completed plans are submitted. The length of the berth is 38'. The current dock standards (STD -608-L attached) require a 4' minimum finger float width for single residential docks. The proposed revision to the dock design criteria has a variable finger float allowance dependent on the length of the berth. For berths up to 35', a 3'finger float width is allowed. For berths 36'to 55', a 4' finger float width is allowed. In both the existing standards and the proposed dock design criteria, a 4' finger float width is required for this applicant's proposal. ENVIRONMENTAL REVIEW: The Harbor Commission's approval of this Agenda Item does not require environmental review. 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). Prepared by: Chris Miller Harbor Resources Supervisor Attachments: Aerial Photo Dock Construction Plan City Standard Drawing, STD -608-L Submitted by: Tom Rossmiller Harbor Resources Manager 2 Aerial View 634 Via Lido Nord Proposed Reconfiguration 634 Via Lido Nord ..07-5--6 1?# �*,Ce Art A$ -5f - i� I - --le- 4 HARBOR RESOURCES DIV. CITY OF NEWPORTBEACH 4 5 City Standard Drawing, 608-L 634 Via Lido Nord .4 ihN (54 0":1141-5,919L CAAA:9Ne4Y 13 _4 7' c�OA 117 40,00 7147,oV41- A4 OA 7" k14 om szlx� .41 '4 4' -VdRlAlg��- Y4k'1404E ,'='4 A IV /V. -r 0, r"lr "me �1-7' IL 4 ;VA rE,? 16464""' 2 '�N /v. j 1. TIMBER SHALL BE SEL.STRUCT.D.F, TREATED WITH ACA OR A'CZA. 2. FIELD CUTS AND BORED HOLES SHALL RECEIVE A BRUSH COAT OF CONCENTRATED ACA OR AC2A. 3. BRACKETS AND FASTENERS SHALL BE HOT DIP GALVANIZED, EPDXY COATED OR STAINLESS KA 4. WALKING SURFACES SHALL HAVE A SKID RESISTANT FINISH, SUCH AS UNPAINTED TIMBER OR GRIT ON TIMBER. 5. LOCATION OF PIER ' PLATFORM, GANGWAY,SLIP S FLOATS IS �OPTIONAL PROVIDING PROPER SETBACKS ARE MAINTAINED. 6. SEE STD. -604-L. 609-L 8 612-L FOR GANGWAY. PIER, AND HANGER BRACKEr DETAILS. WHERE PIER IS JOINTLY OWNED BY ADJACENT PROPERTIES, PLATFORM WIDTH - 12'MAX rev. 4./sca's CITY OF NEWPORT BEACH "AwL-4-'4:'. DATE,: APPROVE USLIC WORKS DIRECTOR ��l PYBLIC WORKS DEPARTMENT SINGLE RESIDENTIAL USE F -OAT WITH PIER R.E. NO, *5,37 DRAWINGV0. SZO — 46,0A — Z— NEWPORT BEACH HARBOR COMMISSION MINUTES Cit;lCouncil Chambers June 9, 2005 CALL TO ORDER 6:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners, Seymour Beek, John Corrough, Marshall Duffield, Paulette Pappas and Ralph Rodheirn were present. Staff: Lorrie Arcese , A aron Harp, Dave Kiff, Chris Miller and Tom Rossmiller. r_% Absent: Tim Collins and Don Lawrenz MINUTES: The minutes from the last meeting were approved. PUBLIC COMMENTS: Deana Bergquist was introduced as the new Harbor Master/Captain. Don Gilliland expressed concern with the fishery barge out in the bay. It is an eye sore and is unkempt. The residents have sighed a petition asking that the barge be moved. The sea lions have taken it over. REQUEST FOR CONTINUANCE& None APPEAL ITEMS: ITEM# 1 Subject: Live Aboard Appeal — Woodworth, Vessel Located at Mooring H-75 Summary: Pursuant to Section 17.23.075 of the Municipal Code: A. Any permit granted pursuant to this chapter and Chapter 17.22 may be cancelled by the Harbor Resources Director upon a . determination that: 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person * Based on at least 21 calls for service and/or complaints regarding the Woodworth's actions on the vessel located at Mooring H-75, Harbor Resources has made the decision to: (1) cancel James Woodworth's and Victoria Woodworth's Mooring Live -Aboard Permit for the vessel located at Mooring H-75; and (2) deny the Woodworths' Application for Renewal of the Permit. Discussion: The Harbor patrol gave some accounts of some incidents. Commissioner Corrough said he was surprised that no other citizens were there to complain and it was said that people were afraid of retaliation. James Woodworth said that he has lived in Newport all of his life, all of his vessels are functional and he pays his taxes on time. The revocation will impact his life and employment. Action: Commissioner Corrough made the motion to affirm the decision of Harbor Resources. The motion was seconded and carried with all ayes. ITEM # 2 Subject: Residential Live Aboard Appeal — Huzyak, MV Besame Berthed at 915 Via Lido Soud Summary: Chris Miller presented a PowerPoint review of the staff report. Mr. and Mrs. Huzyak are currently renting dock space at a residential pier at 915 Via Lido Soud for their 100' motor vessel Besame. While at this residential pier, their licensed captain has been living aboard in order to keep watch on the vessel. Harbor Permit Policies restrict any persons living aboard a vessel in a residentially zoned area. The Huzyaks are appealing Harbor Resources decision to uphold the Harbor Permit Policies. Public Comments: Sally Huzyak, appellant, stated they are were residents of Newport Beach and still own property here. They are asking for this modification because large yachts like the Besame have lots of refrigeration, wiring, pumps, bilges and holding tanks. All this requires someone on board to keep it maintained and monitored. She stated that harbors usually like large yachts because it is prestigious, high dollar business and saTety to the harbor, as the captain keeps an eye on the area around as well as that vessel. They are in a private dock because there are not many other places and they are in and out for a month or two at a time. Moorings are not an option as there is too much electricity to run, even when they are plugging in. The Captain and Crew are respectful and trained to keep a low profile, particularly in a private dock. They came in May and will stay until August, they will be back in October, and at first of year will leave for a couple of years. They are requesting that the Harbor Commission grant a modification that captains and crew be allowed to live on a boat when they are in a private dock. Marinas are more convenient with trash, parking, etc. She said that the trend is going to larger boats which the private commercial marinas should consider. She said it is a technically different to live aboard a public dock, private dock or and mooring. She said it is not practical for them to try to find a furnished, rental apartment for a Captain and his wife, on and off, and there are no options in this area. She asked for a modification for large mega yachts in the harbor for the Captains and this process allow our crew to live aboard the Besame. John Brelin, mooring company owner, was aboard the Besame. As an ex - navy office, the captain is an exemplary person. He recommended allowing the live aboard. Mike Joseph, 901 Via Lido Soud, said he was new to the area and his family is the aggrieved party by having this boat essentially in their back yard. It is not a good experience and not knowing we woke up to a large vessel docked with the crew living aboard. It affects our property, it influences our life in our own home and is in the left corner of our vision. Since we launched the complaint we noticed they are not staying over night now. People are right there outside of their backyard. We hope you support this rule and everyone would be impacted by you allowing this. No matter how good a live aboard person's character, it does impact the adjacent homeowner. The boat is still there, but activity is way down. Thanks to Harbor Resources for bringing this forward. How does this affect your life negatively? In the back yard, I work out at night and my wife gardens. We didn't pay for this and feel everyone would feel the same. Keep the rule and stay with the status quo. If there was a vessel of similar size that was your neighbors and was berthed permanently by your neighbor, would this bother you?. We would understand that, it is having the crew on board that is the problem. Discussion: Chairman Beek is sympathetic to the Besame. We do need to discuss modifying the ordinance to allow liveaboard in residential areas. Commissioner Corrough said the biggest problem is that this liveaboard is a legitimate activity. Transient boats are usually in for 30 days and this one is pushing that envelope. We could amend the rule and set a time limit - it works in other parts of the world. He feels we have a need to change the rule since there aren't places for the larger vessels. Tom said the Commission tonight can give temporary exception, but an amendment would need to be agendized. Commissioner Duffield asked where the boat is based. It has no base. Commissioner Rodheim understands predicament, but we are a small boat harbor, we don't have room for the mega yachts, we are trying to accommodate residents and recreational boating and in this case I think it, is wise not to have liveaboards (as stated by the aggrieved party). Commissioner Rodheim said there are liveaboards all around the harbor and the Harbor Patrol should take a survey. He said he knows of some and Tom said we respond on a complaint basis only. Action: Commissioner Rodheim made the motion to uphold the staffs recommendation, #1. We could agendize reviewing the Municipal Code at a later time, but it is a small boat harbor. Commissioner Corrough seconded the motion with an amendment to agendize a discussion of a modification of the policy. Harbor planning should include facilities for larger vessels. The issue here is that there is a complaint and they feel their privacy is impacted. There must be a time limit if there is a modification. The motion carried with all ayes. ITEM # 3 Subject: Dock Reconfiguration Appeal — Person @ 433 Harbor Island Dr. Summary: Mr. Person at 433 Harbor Island Drive has submitted plans to reconfigure his float and gangway and install a gangway lobe to his shared pier. Harbor Permit Policy re.quires concurrence of the shared pier neighbor. The neighbor has refused to provide concurrence. Mr. Person is appealing Harbor Resources denial of the proposal. Discussion: Chairman Beek said that the size of the boat is not an issue. Public Comments: Mr. Person said neighbor thinks it will affect their view, but Mr. Person does not. There is another dock in the same configuration. Boats and docks up and down the channel are in all types of configuration. He brought letters in support. Reorientation of dock will help with safety and docking issues. Peter Swift, of Swift Slip, said they designed it because of less dredging permits being issued and boats are going aground. This will help. Martin Litke, 427 Harbor Island Drive, said that the neighbors up and down have signed a petition against this plan, due to views, property values and property rights. Our channel view is part of our property rights. Mr. Person sent a letter to the other homeowners saying the proposed dock is due to safety reasons. The dock reconstructed in same configuration down the block was approved by the adjacent neighbor because he is an absentee landlord and doesn't live there to enjoy the view. Mildred Litke, 427, Harbor Island Drive, said Mr. Person wants to get a much larger boat. This channel is very narrow and it will block navigation. There have been incidents due to not enough room. An Army Corp of Engineer report (and designers of jetties) states, "that the orientation of a boat sticking out into the channel perpendicular to tidal flow causes unusual eddying which Gan adversely affect the shift of sand". Foundations built on slabs, not seawalls, are not deep enough to accommodate sand loss. This plan falls into the category of a nuisance. There are other alternatives. The rules are in place. She read a letter from Mr. and Mrs. Lipscomb. Ned Wallace said that the pier down the way was done because the co - permittee did approve it. You will set a precedent by passing this. Joseph Caveral, 531 Harbor island Drive, objects because the neighbor didn't approve and this will set a precedent for all docks to have 80 foot boats. These large boats block the views and greatly impact us. Ben Bennis, 153 Harbor Island Road, says all boats so far have abided by the rules. Linda Isle is a passageway for many boats and larger boat intrusion will greatly limit it. James Turner, 409 Bayside Dr., says if you start reorienting all of these docks at 45 degree angels, all of the views will be blocked. Marge Austin — 407 Bayside Dr., read an article about the large Cook boat at Balboa Island issue a few years ago and what happened with that. She lives on the water for the open space. Action: The motion to deny the proposal for dock reconfiguration based on the neighbor's refusal to approve the plans was made and seconded. The motion was denied with 2 for and 3 against. The motion to approve the proposal for dock configuration was made and seconded. The motion carried with 3 for and 2 against. *ITEM 94 Subject: Dock Reconfiguration Appeal — Rabbitt @ 634 Via Lido Nord Summary- Mr. Rabbitt at 634 Via Lido Nord has submitted plans to Harbor Resources to replace his entire dock system like for like. He proposes to maintain the same 3'width on the fingers of his U -Shaped float. City dock construction standards require 4' minimum finger widths for residential piers. Mr. Rabbitt is appealing Harbor Resources denial of the proposal. Discussion: 3 foot finger widths have been approved in unique situations. The applicant needs to replace docks and would like to keep it as it is. The new standards will have variable widths. setbacks. Public Comments: There have been no problems with the 3 foot Action: The motion was made by Commissioner Rodheim to approve the proposal as submitted with 3'fingers. The motion was seconded and carried 4 to 1. ACTION ITEM ITEM # 1 Subject: Americans with Disabilities Act (ADA) Requirements as Applied to Public and Commercial Docks in Newport Bay Summary: Faisal Jurdi, Deputy Building Official of the City of Newport Beach Building Department discussed the Building Department's approach to applying ADA guidelines to public and commercial dock projects in Newport Bay The Building Department advised Harbor Resources that ADA requires removal of access barriers to public docks. In hind sight it should have been included in 1992 — 1994 ADA improvement projects. It was not pointed out to the Building Department, then by the Harbor Department that the city owned public docks and the main focus was then on access to buildings and parking. The city was also trying to keep cost of providing ADA compliance to a minimum since the budget was very tight in the early 90's. -4 - A,11 The California Building Code requires that private commercial allu FUD11c docks that have additions, -alterations or repairs, spend 20% of the cost of the project on providing access to the altered area according to a priority list (with accessible gangway as the highest priority). The California Building Code reguires privately owned commercial and public docks that are new construction or replacement to provide full compliance. (Exceptions can be made for physical constraints. It requires Appeals Board approval.) Discussion: Public Comments: Mark Sites asked if the new pumpout facility dock at 15 th Street will need ADA compliancy. Faisal said no as long as it is for service personnel only and they are not handicapped. Action: Receive and File. SUB -COMMITTEE REPORTS: None HARBOR RESOURCE UPDATES: Tom Rossmiller gave a PowerPoint presentation on harbor updates. The Harbor Resources Update is posted at. http://Www.city.newport-beach. ca. uslhbr (under minutes, Harbor Resources Updates). PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES UPDATE: Mark Silvey gave a presentation on his proposal for Marina Park. Pacific fisheries — Harbor Resources will take into account all the complaints that have been received on the station and the sea[ situation. Commissioner Corrough asked why it can't be moved to another location. It will be agendized. Carter Ford — The manager for NOAA spoke at their meeting and is helping on mooring issues. Mark Silvey — There will be a speaker on copper in the bay at the Marine Committee meeting on June 21 at 7:30 am. Mark sites — Asked for an update on the 15 th Street Pump out dock. COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE AGENDAS FOR DISCUSSION, ACTION OR REPORT: RECOMMENDED TOPICS FOR FUTURE AGENDAS: 0 CEQA Boot Camp 0 Discussion of the Final Report of Rhine Channel Remediation Plan 0 Proposed Revision to the Municipal Code 17.10 for Commercial Harbor Activities 0 Guest dock at the Rhine Channel 0 White Sea Bass Barge 0 Seal problems in the harbor. 0 Temporary living at private docks. 0 15 th Street Pumpout station DATE OF NEXT MEETING: Wednesday, July 13, 6:00 pm Council Chambers ADJOURNMENT POSTDREDGING COMPLETION REPORT t 4 Thejt!mi'ttee.shaU7d one (1) copy of the post -dredging report for each conipluteLl i I %fivikiti,i] =dr- _ project to the Corps and the CCC documenting compliance with all gun�.ral '111d nditions defined in this permit. The post -dredging report shall be sent within 45 LIZIVS after!'completion of the complete individual dredging project authorizod in this pormit. Tl')c post-oredging report shall include the following information for the cornplowd dredling project. 1. p"tNumber.- 175-630 2. S*jft Date: 7/16/01 �17 M"'.. Completion 3. *W dredged material to Beach. — 240 cubic yards to Sea (LA3): 4. N40de of dredging and transportation, and method and frequency of dispos,& Aydraulic sucbion t:ransported bhrough a pipeline 'onto adjacenb-beach. 5. tu'g or other vessel lop documenting contact with USCG MSO Long Beach beforo L:ak-h [r) 1.7 W the LA -3 ocean disposal site. G ontact., Yes x No; 6.- oCidredged material: Slurry x Cohesive 7. 0rmedure and location where the disposal barge or scow was wasii�,d� No washing necessary_ 8. A certified report from the dredging site inspector and the captain of @ny`t`U­-F' , o L*ed to transport and dispose of dredged material at LA -3 indicating all gentmil MILI Silk-Ci,11 p*rmit conditions were met. Any violations of the pern-dt shall be cxplained in dcwfl: * conditioning permits were met- Yes X No _. 9. fUt-project surveys of Eelgrass beds potentially affCcted by div. Not necessary as no eelgrass was identified in'dredging -t- area. 10. . e post -dredging report shall be signed by a duly authorized represevaLivc of ui�. p I Oxmittee. The permittee's representative sh,aU xnake the following certification: I certify under penalty of I= that this docienjent and all attachments uvre prepare(i mw,,r jill/ #Vction or supervision in accordana, Toith a iijsfeyn designed tO (ftJ51,17le Hial J111111ifi(III P�0�ly gather and emluate the information submitted. Based on my inqtdry lit-rqml ill, pfrsons 7uho manage the system, or those directly responsible fbr gadwring the iiqbolliftloll. thr iiormation submitted is, to the best of my knottyledge and beffief, true, accurate, alift colliplOr. f1m a"re that there are sigWficant penWtiesfor stibmitting false inforyizatiall, 117(5.14 91bl"', fite., -1 and impTisonmentfor knmving violations. ... ... ..... ignaLUre r CITY OF. --WPORT BEACH FIRE MARINE DE RTMENT HARSOk -PfflMIT APPUCATION, (Please print all information) Jef f Farwell L M 1? a bl-, 4 1-- �- I . . (949) 673-8787 1. Appkant (Property Owner) Address Telephone 630 & 634 Via Lido.Nord, Newport Beach 4� V 99 2. Project Address (Street Address) Harbor Permit Number 3. Now ConstrucUon - Revision Maintenance Dredging X 4. Fee $377.00 - Check No. 2 0 4 5 Date 1/13/01 vlll� 5. BrieflDeseAption of Proposed Work: maintenance dredging Submh 8 1/2" x 111" Drawings (3), Include: 1). Locaton 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 prop" lines. A"Alk 1h 4). Locadon of channel markers within 200 feet 5). Lot sizes and tot numbem if available. 6). Existing ground profile beneath proposed structure. 7). FA*vafion 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 re;pect of M. L. L.W 9). Any special conditions affecting the construction or affecting boating operations. 10). Complete all information required in information block, bottom of sheet. Note that the OWNER. of the prop" 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. 7. Owner-13ulider Declaration must be completed (on revMse side of this sheet) 8. Applicants/Agenra Signature: 4,5 Date- 2/13/01 Jdint Pormittee Signature (11 applicadle): Date; 9. Work can begin once the City has received evidence of the following additional approvals and you have t>een notlftd to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Munic�l Code and subject to penalties. 10. Your permit will not be final untJI 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. OPFICE USE ONLY Approval In Concept. Approval of the City of Newport Beach Council - Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department, Approval of the City's Building Department, Approval of County of Orange, Bectrical and/or plumbing permit (Building Department) lasue,41. (Permit Is starnped drawing) Site Inspection, (call 644 -SM for appointment) Sft R*4n*p*cWn 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'Cocle: The Contra r'- U es not apply to an owner of property who builds or improves thereon. and who does through his own employees, provided that such improvements are not intended offered for sale. f, however, the building or improvement is sold within one year of completion, e owner- ui er 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: XXXXXXXXXX Date: XXXXXXXX .Shellmaker Inc. Contractor. Telephone:(949) 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 Pr fessions Code, andjU license is in full force and effect. Contractor's Signature :Zi4 Date: Feb. 13, 2001 PERMIT NO. 17J DREDGING APPLICATION Project Location: 630 & 634 via Lido Nordt Newport Beach Latitude/ Longitude: 330 36-7321N 117' 54.8871W Cubic Yards to be Dredged: 240 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 onCoxitig-uousBulkheading and Beaches: —restores beach and reinforces bulkhead will schedule work when we receive permit Proje�t Begins: Project End5: Lorenzo C. M i 11 e r, (Applicant/ Applicant's agent), hereby certify that I ha vc r(�a d thQ U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commiss-ion perillit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with a] I of the conditions of those permits. I will further hold the City harmless from and indemnify �hern against any claim for damages arising out of the exercise of these permits. In addition, I'as tile applicant shall reimburse the City of Newport Beach for all attomey's fees and other cosits expended by them in defending any claim, lawsuit, or judgement arising out of theactivities of the applicant carried on under the authority of such permit. Jeff Farwell L.M. Rabbitt Shellmaker Inc. Applicant - Please Print Contractor - Please Print Feb. 13, 2001 Signed: � C—, , Date Applicant/ Ag6nt Cl 7- K N-ciYPOer Je,4cl-1 A) 7o 41 5- i's 'j. .00 - C O'N. 0 VICIMITY SkE TC H W4.0f 4rrr i NarwpoF?7, 5AY1 CAI IFIRNIA I ifirr ILe 5 9? 5 Qr 4V /r7 IrVej 0,)(Y beIC?W "l-ICOr7 ZOrVrr ZOW /04drdr/. -Z/ In F 10 EEL GA, ASS INSPEC' ION- NOEELGRISS ITHIN1,"OFPROJEC'T EELGRASS'INT ',RROJIVARB S)dNATURE PERMIT # DATE' Ale rl/ ,4 PPL ajx-z75 Ad A-4 Ar r -A a e& cis ZaA jZ 7 ei, 14 V/ 17 14 1,,1-r7l_ JCO AITRA clro/q DREDGING APPLICATION PERMIT NO. RECEIVED South Coast Req;'CM Project Location: 630 & 634 Via Lido Nord, Newport Beach A A -2-6 2001 Latitude/ Longitude: 330 36.7321N 117* 54.8871W CA4 COASTAL C0MmIss!,--,t\, Cubic Yards to be Dredged: 240 cubic yards / - . - � � - . .1 1� Method of Dredging: hydraulic suction Nature of Dredged Material (Grain size data): report enclosed Disposition of Dredged Material: Pump onbo adjacent beach Method of Material Disposition- pipeline Effect of Dredging on Contiguous Bulkheading and Beaches.- restores beach and reinforces bulkhead will schedule work when we receive permit Proje�t Begins: Project Ends: 1, Lorenzo C. Miller (Applicant/ Applicant's agent), hereby certify that I have rcad thQ U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission peril -lit #5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of tl1Q conditions of those permits. I will further hold the City harmless from and indemnify thern against any claim for damages arising out of the exercise of these permits. In addition, l,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 activ i ties of the applicant carried on under the authority of such permit. Jeff Farwell L.M. Rabbitt Applicant - Please Print Feb. 13, 2001 Date Shellmaker Inc. Contractor - Please Print 2 � C', lKa Z� Signed: — i � IV Apphcant/AFent --- 1X �� / -7.' ,35 00 7 e - EEL GRASS INSPEC ION NO EEL GRA, SS WITHIN 1 FOF PROJEc r Ll EEL GRASS 'IN TKEPROJI AM S)GNATURE PERMIT # /DAX , / f Z, / �� 17-c--- uy I ri , �7-(--'\ I ) Q 140,4 C5 cl e- VIC I NJ I TY SKETCH NswpoF?r 5AY CAL iFORNIA 9 Sbur7 d1n 9 s Qrw &A,0rC9S&d /r; ireer' 01)cY ao,7alo 40rVor ZOW 6-/c?yldrr, Alox/�� /0 VWC71. Hcarbor /,/?C -N are /hls 5ccl"007 oyrIveiv'Rorl 13a?-. zv4 R X -L. I L-11 /77— -T14 D �n '.. / 41' -r e__ A ky r 5 A 1-4 A,4.- 14 i -R TOA ,Z1 e I _,_Cc-/ 7 A C STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 March 29, 2001 Mr. Tony Melum Division of Harbor Resources City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 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 Date Received Beach Disposal? (Yes/No) Ocean Disposal? (Yes/No) 1 75-630J 630 & 634 Via Lido Nord 03/26/2001 Yes No 110-1220 1216-1222 E. Balboa Ave. 03/26/2001 Yes No 115-328 328, 332, 334, 336 Buena Visa. Blvd. 03/26/2001 Yes Yes 109-2018 2018 E. Bay Ave. 03/26/2001 Yes No 109-1519 1513-1519 E. Bay Ave. 03/26/2001 Yes No 105-2525 2525 Ocean Blvd. 03/26/2001 Yes No 200-59 Beacon Bay Community Association Docks 03/26/2001 Yes No 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 components of the project. Please be advised that only the project described in the materials submitted for the sites listed above have been found to conform with Consistency Certification CC -078-99 and/or conform with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the 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. Also, your submittal received on March 26, 2001, included two dredging applications (Harbor Permit #s 130-2692 and 109-1911) for dredging located at 2692 Bayshore Drive and 1911 & Condition Compliance 5-99-282 Page 2 of 2 1913 E. Bay Avenue, for which additional information is necessary to determine if these projects comply with the requirements of CC -078-99 and/or CDP 5-99-282. This letter does not approve the dredging projects at those locations. Please refer to our letter to you dated March 29, 2001 regarding "Additional Information Necessary..." which details the additional information needed to process those requests. If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200. Sincerely, 49zl— - Karl Schwing Coastal Program Analyst Cc: Mr. James Raives, California Coastal Commission Ms. Susan Sturges, U.S. Army Corps of Engineers .�TAT­ of V, V- V/ V, V V' REPLY TO DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 10, 2001 Office of the Chief Regulatory Branch City of Newport Beach Attention: Tony Melum 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mr. Melum: This is in reply to your application (File No. 200100817 -ESL) dated March 21, 2001, for a Department of the Army Permit to conduct maintenance dredging, per RGP 54, in Newport Bay, Newport, Beach, Orange County, California. -.This letter authorizes dredging at seven sites Within Newport Bay (see below). Site Address Cubic Yards Square feet Beach Disposal Ocean Disvosal 630 / 634 Via Lido Nord 240 beach 2450 Yes No 1216-1222 E. Balboa Ave. 280 beach 3000 Yes No 328 332 334 336 Buena Vista Blvd. 385 580 4800 2400 2400 4000 Yes (385 cy) Yes (580 cy) 2018 E. Bay Ave. 120 600 Yes No A513-1519 E. Bay Ave. 300 1800 Yes No 2525 Ocean Blvd. 500 3750 Yes No Beacon Bay Community Association Docks 500 1350 Yes No Totals: — 2905� 26,550 2325 cy 580 cy Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. Your original submittal of March 26,2001, included two dredging applications for dredging located at 2692 Bayshore Drive and 1911/1913 E. Bay Ave. These locations have not yet been approved by the California Coastal Commission and will be addressed in a subsequent letter from our office. J"'d SM As long as you comply with the general pern-dt conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24,2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Erik S. Larsen of my staff at 213-452-3417. Sincerely, CM Twark IDutham Chief, South Coast Section Regulatory Branch STATUS SHEET HARBOR PERMIT TRANSFER, LOCATION PERMIT NO. Seller 4�- Buyer 04 e �- Date Application Received: .5-/'z-7 1,�F- --.-) Date Fee Received: Request for Inspection made by: Escrow Co. La'G'Z�f Escrow Officer Escrow No. 0 7 f - Address, -!%--t 4r 4A- Phone: Date Inspection made: Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 6c 47 2. P11.umbing:' 3. Electrical: 4. Structural: 5.OTHER: RE MARKS: Inspected by: gr TV Yo, cdc VIC I N IT Y SKfTCH AIrtyp'No eAO I 00WO W -f Al -,C Wp 0 R BA Y low Akl�1101/---p HE V/ rxoAr Off two, �—J Tk. 7 W7 M A MASS K 101 T Ewe I- Aj F 1,; RS' NAM BUYE E(S) ADDRESS OF FACILITY: et MAILI&d'AQPRE,qO TELEPHONh ..0. FEE DATE APPROVED BY.-� DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT own ow ""Aa- T, tam OCHD SELLERS' NAME(S) BUYERS' NAME(SY�,- !W4'lVKX. A� ENG (ABOVE NAMES TO BE TYPED) COUNCIL AEl IGM SIGNATURE OF Buye bLIC WORKt� zl_ c SIGNATURE OF SELLER SIGNATURE OF BUYER An— SPECTIO SIGNATURE OF JOINT OWNER Fl .-APPLICATION APPROVED (DATE) CITY HA iio� 88ORDINATOR SPECIAL CONDITIONS: THIS PERMIT 15 REVOCABLE BY THE CITY COUNCIL IN -ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. CITY OF NEWPORT BEACH, CALIF. WX frdRM 66-1013 FtFVs gDmUND G SkOwN JR G9.9-0, S,rAyl Cjj-:M1FMW1A CALIFORINIA COASTAL COMMISSION SOUTH COAST REGIONAL COMMISSION 666 f. (>CEAN SOULIVARD. WE. 3107 10.0. $01 1450 LONG NACH, CALIFORNIA "601 COASTAL DEVELOPMENT PET'r= (2131 SM3MI (714) 9AA 0" Application Number: A -7q-9721 Name of Applicant: Olney Llairs Gardiner 634 Via Lido Nord, Newport Beach, California 92663 Permit Type: Emergency Standard [3 Administrative Development Location: 634 Via Lido Nord Newport Beach, California Develrpment Description: Remodel and addition to existing ramp and float in conjunction with existing single-family dwelling. Proiect has State Lands and Regional Water Quality Control Board approval. 1. The proposed development is subject to the following conditions impose", pursuant to the California Coastal. Act of 1976: By Condition/s Met On NIA Page 1 of 2 - CD The South Coast Commit, �n finds that: A. The proposed development, or as conditionedi 1. The developments are in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976 and will not prejudice the ability of the local government to -prepare a local coastal program that is in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976. 2. if located between the nearest public road and the sea or sl=e- line of any body of water located within the coastal zone, t1r.& development is. in conformity with the public access and puln-lic recreation policies of Chapter 3 of the California Coastal A:� of 1976. 3. There are no feasible alter -natives, or feasible mitigaticn measures, as provided in the Califor-nia Environmental Act, available for imposition by this Comm.ission under. the. power granted to it which would substantially lessen any siz7�_- ficant adverse impact that the development, as finally prcD-_r_-E-_: may have on the environment. 1.11. Whereas, at a public hearing, held on August 20, 1979 a I Huntington Beach by a unanimous 7A Vote pe --it a 7 71 --' C 1 7 n vmb e r A-79-5721 is approved.. 'IV. This permit may not be assigned to another person except as provided in Section 13170, Coastal Commission Rules an&Regulations. V. This permit shall not become effective until a COPY of this pe=--':: has 4 ee been returned to the Regional Co=.,ission, upon wFich copy all pe or agent(s) authorized in the permit application have acknowledged' tha�� they have received a copy of the permit and have accepted its conten�:s. V1. Work authorized by this permit must commence within two years frc-::� the date of the Regional Commission vote upon the applicg_tio�. Any extension of time of said commencement date'must be applied for prior to expiratio-n of the permit. VII. Issued on behalf of the South Coast Regional Commission on August 29, 0 197 9 . M. J. Carpenter Executive Director permittee/agent, hereby acknowledge receipt of Permit Bumber A-79-5721 and have accepted its contents. (date) (signature) ss TEL EPHONED.,,..,� PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN To SEE YOU URGENT —Wanted a, I etter from th . e Marine MESSA , GE J. (7, Department Ae''ll iqLg What r 6 g u 1 a7t''li 6h's' c 6, V -b e h i s 0 1 IVS. o"called-,infraction". - I read him our lettdr of A4w-.l-i 9Q- 9 1- Q R I 1.1h i '�k Alini-ne 21A � df-flP -1 �e , :'4.5ked-me to He said he dldn"t,':�aVe that , ett' r' sefid.-him,-Qo.py of -it., I have doneiso. Mr. Ga rd -1 P e r asks that Tony come by his place By � I - f-3 r lop cA TELEPHONED PLEASE CALL. RETURNED YOUR CALL WILL CALL AGXIN CAME IN TO SEE YOU URGENT By Wk June 27, 1983 Olney M. Gardiner 634 Via Lido Nord Newport Beach, CA 92663 Dear Mr. Gardiner: On April 29, 1983 the Marine Department wrote you regarding a violation of the Harbor Permit Policies at the above address. On June 24, 1983 we re -inspected the site and found the violation that was quoted in our previous letter still in existence. If we have not heard from you within ten (10) days of this letter, or if the situation is not corrected in that time, we will have no choice but to proceed to the City Council and request that your pier permit be revoked and the pier removed as provided by Section 17.24.090 of the Newport Beach Municipal Code. Sincerely, 0111, Tony Melvim Tidelan s Administrator TM: db 3300 Newport Boulevard, Newport Beach DATE TfmE- FOR WHILE YOU WERE 0 T OF PHONE No. EXT. TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAr�E IN TO SEE YOU RGENT, CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884 April- 29, 1983 Olney M. Gardiner 634 Via Lido Nord Newport Beach, CA 92663 Dear.Mr. Gardiner: The Newport Beach Marine Department has received a complaint �-egarding the use of.;our residential float at 634 Via' Lido ord. Specifically, the complaint is that the float is being used in violation of Section 21.A. of the Harbor Permit Pol4cies, which state: 21.A. "Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected...". To preclude further action by the Marine Department the vessel now berthed at the westerly side of the float must be relocated, or brought -within the above quoted policty. If you have questions in this regard, please call 640-2156. Sincerely, Tony Melium Tidelands Administrator TM: db 3300 Newport Boii1evard, Newport Beach Wr vi IYO Wr" I TFA '�'AV r, Ll I AV ff, VICINITY S KE TC 14 1VCWf'-f-^f T-�Ay, 41AXIF-OKNO IVTWP 0 R f BA Y JA 66 -V . ..... ------ -A. 16 1, C) I It -,,,,A 7 7 - 4.e o" I IV,& Departme.nf 70 Newport Pier He�port Beach, Ca. 92H.0 60 58' k,4 e 7– 7,f o4lvEy MA oV 3 6ATe K VIA PO ZP R E C R I V it f5 -79— JUL 25 1979 SCRC DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P. 0. BOX 2711 LOS ANGELES. CALIFORNIA 90053 SPLCO-N 9 July 1979 Ms. Olney M. Gardiner 634 Via Lido Nord Newport Beach, California Dear Ms. Gardiner: Thank you for your letter of 27 June 1979 notifying us of your intent to construct a bo—a-t—T&FE-- at 634 Via Lido Nord, Lot 60, Tract qO7. Your drawings have been reviewed and generally conform to the provisions of General Permit GP004 for privately owned boat docks Newport Bay in Providing you have complied with State and local laws you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-082 If you have any further questions please feel free to call our Navigation Branch at (213) 688-5606- and refer to this number. A copy of the General Permit is inclosed. Sincerely yours, 1 Incl R.P. YOUN , P.E. As stated Chief, Construction - Operations Division i"P .400STIOA, Z SWES 'LA FL 537 Apr 77 DEPAATAENT OF THE ARMY LOS ANGELES DISTRICT, CORPS tOFIENG INEfRS P. 0. BOX 2711 LOS ANGELES, CALIFORNIA 90053 SPLCO-N General Permit GP004 Newport Bay 1 November 1017 TO WHOM IT MAY CONCERN: The District Engineer, Los Angeles District, Corps of Engineers announces the issuance of a general permit covering the installation of privately - owned boat docks in Newport Bay, a Navigable Water of the United States, as required by Section 10 of the River and Harbor Act of 3 March 1899. This permit is issued in accordance with the provisions of 33 C.F.R. 320, 322, 325-26 and, 328-29, titled,, "Regulatory Program of the Corps of Engineers" which provides that the District Engineer may issue a general permit for activities which are substantially similar in nature, that cause only minimal adverse environmental impacts when performed separately and have minimal adverse cumulative effect on -the environment. Upon ua,nce of A general permit,, all activities meeting the established cri- teria are I approved and will not require the submission of individual permit applications. This general permit also authorizes the modification and replacement of ,existing boat docks but not the installation of new boat docks where none exist in Dover Shores and around the perimeter of Balboa Island. Under no circumstances will the general permit allow boat dock construction requir- ing bulkheading, dredging, or filling below the Mean Higher High Water (MHHW) elevation or in wetlands. Construction of a boat dock will.not be allowed across any beach designated for community or public use, unless. the new,dock will replace an existing dock and cause no additional encum- brances on beach recreation. Typical drawings, depicting the most common types of installations that, are covered by this general permit, are included in this notice along, with a map showing those Navigable Waters of the United States where the general permit is applicable. The general permit covers both existing and proposed facilities within any of the private property boundaries shown on the attached drawings. Individual boat docks that do not conform to the established general cr-it�eria.will require.a separate permit.. The general permit is not SPLCO -N 1 November 1977 General Permit GP004 applicable to commercial or public marinas nor -to structure's extending bayward of the pierhead line. The general permit is issued for a period of five (5) years from the effective date of this permit. DEFINITIONS: a. The term "navigable waters of the United States" means those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark (mean higher high water mark on the Pacific coast)_and/or are presently used or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce. (See 33 CPR 329 for a more complete.definition of this term.) b. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration suffi- cient to support, and that under normal circumstances I do support, a preva- lence of vegetation typically adapted for life in saturated soil condi- tions. Wetlands generally include swamps, marshes, bogs and similar areas. c. The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the.United States by manmade dikes or barriers, natural river berms, beach dunes and the like are 'ladjacent wetlands." SPECIAL CONDITIONS: a. The permittee shall notify the District Engineer in writing at ..east fifteen (15) days prior to the initiation of the work. This noti- fication shall include the dock length, location of the dock by lot and tract number, and the name, address, and telephone number of the per- mittee. b. The permittee shall comply with the City of Newport Beach and County of Orange or other local authority in the construction and place- ment of the dock. c. Docks shall not exceed 800 sq ft of float or pier surface. d. The permittee shall submit project.plans to the state of California Regional Water Quality Control Boardt Santa Ana Region, and shall obtain approval from the Regional Board prior to initiation of any work authorized herein. 2 SPLCO-N 1 November 1977 General Permit GP004 STANDARD CONDITIONS: a. That all activities identified and authorized herein shall be con- sistent with the terms -and conditions of this general permit; and tlAt any activities not specifically identified and authorized herein shall, constitute a violation of the terms and conditions of this general permit which.may result in the institution of such legal proceedings as the United States Goverment may consider appropriate, whether or not this general permit has beerk previously modified, suspended or revoked in whole or in part. b. That the permittee agrees to make every reasonable effort to pro- secute the work authorized herein in,a manner so as to minimize any adverse impact of the work on fish,, wildlife and natural environmental values. c. That the permittee agrees to prosecute the work authorized herein in a manner so as to minimize any degradation of water quality. d. That the permittee shall permit the District Engineer or his, authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being ..performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. e. That the permittee shall maintain.the structure or work authorized herein,:in good condition and in accordance with the drawings attached hereto. f. That this general permit does not convey any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights of any infringementiof Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. g. That this general permit,does not authorize the interference with any existing or proposed Federal Project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. h. That this general permit may be summarily suspended, in whole or in part,, upon a finding by the District Engineer that imediate suspen- sion of the activity authorized herein would be in the general public interest. 3 SPLCO-N General Permit GP004 1 November 1977 i. That this general permit may be either modified, suspended or revoked, in whole or in part, if the Secretary of the Army of his author- ized representative determines that there has been a violation of Any of the terms of conditions of this permit or that such action would othe'r- wise be in the public interest. Any such modification, suspension, or revocation shall become effective thirty (30) days after publication of written notice of such action which shall specify the facts or conduct warranting same. J. That any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. k. That no attempt shall be made by the owner to prevent the full and free use by the public of all navigable wat ers at or adjacent to the activity authorized by this general permit. 1. That if the display of lights and signals on any structures or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. m. That if and when the permittee desires to abandon the activity authorized herein he must restore the area to a condition satisfactory to the District Engineer.. n. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. o. That permittee hereby recognizes the possibility that the struc- ture permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this general permit does not relieve the per- mittee from taking all proper steps to insure the integrity of the struc- ture permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for such damage. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 'A' HU4 . _ROB DATE Colonel, CE -District Engineer 4 ,,1 100 VL Ai ..... ..... pill fill 11.111 ji. 44, Ij VAPM Etc - P L R'o L OAJ64 77r, k" IfF zo MAI CLCAR k FlOA-1 W. A L TERUA T,- /0" A:'4,w,- LOCAT A-�/,IF4:S7 4 1 PL A AJ N) IOAT, 70P 9F CZJ7 OFF F.LE A 7- ELEV -,//,Oo M.L.e-W. "A" Col-Af. -/WP 5AAIV t z 4lcLFAk' ecr D6f& 7 4 W47FRLIAle -3. o '.v t- W, MA X 7 ALL f-LO47- IA167.46L. (Alm 4:i!e7sA�v rp--pnw) u WOFI� c - A,1 0 7T. (-OCA710AI ey Vzj"6rl,- OF plLe=�5 Q, OP r10AIA L Z LOCA'rloV 0,- Pl-A7-:r0rAf ,,04 04 rS /S OPTICA -144 PROVWMA" :FEWACA-5 4PF -Eil ew k'4 WMERF .3P---,c14j t4A,- 49R- 6-,k,/:!F7- WID7-,q X'Ct'>UCED M 5' WV72Y Ap,-koV4L OF Me Pt-I&LIC WORA7�5 DERAA>r"eAl 77 CITY OF NEWPORT BEACH DRAYM DAlY -3 - 7 — PUBLIC WORKS DEPARTMENT '57 A-AlOARIL) BU RgCTO!3 FI -047- ;V171Voar RIER m ��,C-7./VC. OR AWING NO. SrO — - - - - - . . —,— -;-L,,* -* lAloc' A7Z A. --V N. T a. rap=,6W k-,41-6.40 --,v 9.0 wA L-ov aO M4.4. jW 44 7-YRZ V -C23VC-- ,lor4 LOA 7- 0, Z Li cl ;7y c rYr�) 7-YRZ V -C23VC-- Li ;7y c rYr�) ,etd,"WA7 AWAP MA rEA7 Sypf IV. u 4 &CA r1aoV A.Vo -aW APIAW, dc:4 .dr.0rdPAP,so�, AMOAeAV M41AP &I SArrAF.A,�-,WjV 4 Awwo/mcp AMWa~AV Z2'/Ze, AvO u Arrlsr wlonv Aowy Aw 414. WAeWoFlw O~CIAA. d-�,0Al,0lr14WS om?.W Z7. jW,,W,,pV �WA7^4Wj,04 d=W YWAr . ,~ZX,=ff,f 7-,o ,w,vAr" ArlAr'r /.p _4mw7z y awmffA7 Avy .00.1.dcArAer AWO~ 77AFS,..-" r.CVV.WW1A0J'W — 'r Iwdr. 4e.-,z,&.dr Amue_ffA70��v Ap M AW AMIAWAWAR rlAnraR CITY OF NEWPORT BEACH .4. L.-- DATE----/ PUBLIC WORKS DEPARTM ENT LIC Wofts DIRECTOR ILE, 0*0. DRAWIN6`V 0. 600 A. 30 "AX, Ig'"I'l -- VAeIE5 Fode /0, 5L4er PL: U PICA;' 0Fr10,UAt--- tl�lj PLA Al MP OF 6 &H b �L CLE V r--Ctlr OFF '10' Ad I- e- W (AIMM) E-LEV PILE A— -0/,'.00 ".L.Lw OrD-6 10-Z- 0- zo MAJ. 4' CLEAk- 897- u :5oFFIr 4 wAr--Rr11�,c-. M,4X. 7 FLO,4T' �7- L- W 41-L WSMLLATIOAIS .4 �llw �IqL -3.0, M.L.L.W. (AIX P. u LOT-C!g I-LOC4TIOAl Or- CAUP 4 FILE -25- AAIF 0,-7-loAI41- PkOVIVIAl<; PROPER --,-7-8,4CAS7 AAC- "WA17,41XACD 0. �66�C- 15-rD- G 0,4-L, , 57-20 - 609-1- , .67,0- 61,0-1 1-0,e 3 AL Z- -,eaZ Z- --AS 6W '=Z 0,4 7- A1.4,V6L-AP.6 -19,404e e-- CITY OF NEWPORT BEACH DRAWN --4 DATIE 2-1-73 PUBLIC WORKS DEPARTMENT APPRJ�� Al �SZA VARD A:2!�F/Z;E-A/7/AL FLOAT .44BLIC WORKS DIRECTOR "EW17aqr CMAIMEL6 E. /Vo, ,&wx Vo 19A TUN V I C I N IT V s Kc re w 4,4 /.I Fo friv 14 -7 A-1 v ST BA Y� 0/, /vr Y M A ik'S 4,Ale P I /\IF z .--Xvu VIA -rwel- CiTt ?V �"PORT BEACH HARBOR PERMIT PtRMISSIOR IS Ml�W ORANT99 TO �COKSTROCT AM MAINTAIN THS FACItitY SHOWN W91'01-:1 FVAV&jR*g *X*94W, kT Tilt MW WORCAMM, 5DUWXVr, TO rJU f-AWAMM Vy, THrg "Aft&oft�� pgwur�-V ivn oir ac WA" AW, AM A. ]l iWv Tho wtulkft VINRU Um" :��Ma "Z VW-, ONCY ,%No -y-t-A fvvomv m w vw� la -t vw vAi� zw 4-40WA VA *ttbft*w" Vvm WrLs &I tw,vm aw"WwAa. Aw)w. _(Lj-_,'oN9Tlt.UGf'l0N DATE Iff -ATTACHED SHEET "�7 WMAL CONDOW"WV& corps of EngAftee" Parmu Grange CountY PQ"wk A CPA- -3 ERIK p, "I 4L n . A--Wilfi ... . . . . . . . k", I. . . . . . . . . A E ADDRESS OF P OPOSrO FACi ITY PERMIT ek 1,4�1 0 // zo r> 6,4 Z FEE -CH CK -N - 11 , A - F — —A TELEPH - owe No. E 0. T M I C�N G A APPROVED Byg DATE APPLICATION IS HEREOY MADE FOR A HARBOR P�EX,T To ONSTRUCTj<7,I'S, Ae OCHO AT THE AROVE LOCATION' it, ACCORD�NCF WITH THE CITY OF ENGR NEWPORT 13EACH PERMIT POLICIF�� AND THE ATTACHED DRAWING COUNCIL Ry COMPANY 1) A -1 r 11 PUBLIC WORKS �EPT. DAI E ESCROW INSPECTION SPECIAL CONDITIONS: 7 4.310 X, -,L- 4 IV V1, Or I ----------- V -11 T S KE TC 1 C 11, "Ay ...... fd AIrWPORt A Y ?"P(H,44P A -Ar y4" .,Ir V/ _k!4f, ito(, 71 T 04 A)^' y /A. A CA,e C;� 0 4- 1: VIA I it —I .:�- —i�- �W-- 0 YNI&NMY amma NEWPORT BAY, CALM Z=-7 m"Its below PVOI-44rlpl�' ;V� Za' t 6z 1 61 61 60 S�q C 7- 0 7 QAUS t BENNETT & 1-4 04 7- k 4 4,w.4v. All* 40�y-, I it —I .:�- —i�- �W-- 0 YNI&NMY amma NEWPORT BAY, CALM Z=-7 m"Its below PVOI-44rlpl�' ;V� Za' t 6z 1 61 61 60 S�q C 7- 0 7 QAUS t BENNETT & 1-4 04 7- 4,w.4v. All* 40�y-, REMARKS: Inspector'sInitials 0 ��,f A 7- i ��� � �� a INSPECTED ApR a '69 By ---------- CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HERESY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY 1.51401,YN ON THE R CV;411SE HEREO F AT THE SITE INDICATED, SUBJECT TO THE PROV-.SIONS 0j,' THE HARBOR PERMIT VOLICIrS OF NEWPORT BEACH ANr ANY SPECIAL CaKo-illoNs LeSTED HEREON. THIS PERM' IS NOT 7RANSFEMZABLE. WtT[44'�UV 1NI-2 Wfi 97TEN CONSENT C-: THE CITY HARBOR CoQmDlr4lATofz oj,4 CITY' COUNC41.. TH RIGHTS GWEN UNDER THM, PEn-MDTARE -PERIAISSIVE 01111.1 AND THIS PERR49T MAY a- `VC1KED BY THE CITY COUNCIL IN ACCORDANCE W,�H THE N11' lNlICf;PAL CCODE. F 37 Cf. C-0407MVNATOR 1> JUL 1,69 STATE OF CALIFORNIA—STATE LANDS COMMISSION EDMUND G. BROWN JR., Governor STATE LANDS COMMISSION 1807 13TH STREET SACRAMENTO, CALIFORNIA 95814 (916) 445-7134 July 2, 1979 File Ref.: G09-02 Mr. Olney M. Gardiner 634 Via Lido Nord Newport Beach, CA 92663 Dear Mr. Gardiner: The proposed float remodeling at.634 Via Lido Nord, is located within lands granted to the�City of Newport Beach by Chapter 494.of the Statutes of 1919 as amended. You must apply to the city for any necessary approvals or permits. This action does not constitute, nor shall it be construed as, a waiver of any right, title or interest by the State of California or any grantee of the State, in any lands under their respective jurisdictions. 4LIBETH A. RASMU SEN Granted Lands Representative LAR: ddm C"ITY OIL-, NKEEWER, RT E�'13ACL CAF221 0 ILI N E A. .April 30, 1979 "oldwell Buker 21061 San Joaquin Hills. Rd. Newport Beach,'CA 9'2660 '0. Re: Escrow'# 5-2715 Dear Sir: - City Hall 3300 B'Vd Area Gode 71,� 6,10 C4 ty -Fh e _o.f,__Newport Beach has received an application to transfer pier p e rmi t,"I'l 7 5 - 6 3 4 for the property located at 634 Via L i do -Sim& The strucCure was inspected on 4/25/79 at,which time it was determined th 6 w ist: L a' the follo ing deficiencies ex. \114 No anti -syphon device on water line to float \V 2. Electrical outlet at pier needs water proof cover. \1/3. Electrical conduit to dock very rusty, should be checked to determine condition. "--,14. Right float fl.nger, facing bayward, appears broken and/or weak. in accordance with Section 10-D of the City Harbor Permit Policies, "All. Structural deficiencies must be corrected..."-. A permit for this work must.be obtained from the Marine Department. The electrical and/or plumbing problems noted above have been forwarded .to the Community Development Department. They will make a field inspection and forward the results to the Marine Department. If deficiencies exist, the property owner will be notified of the need for corrections. A building permit for this work will be required from the 'Community Development Department. Would you please advise this�id;epartment when this requirement has been me If you have any questions, please contact me.at 640-2156. Thank you for your cooperation. Sincerely, To nj (n/ Harbor Inspector Oopa, tillont