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HomeMy WebLinkAboutM2013-0020REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 December 5, 2013 Regulatory Division Pepe Tena 426 Harbor Island Drive Newport Beach, California 92660 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Mr. Tena: I am responding to your request (SPL-2013-00531-JPL) for a Department of the Army permit. Your proposed project, Over Hanging Deck Replacement at 426 Harbor Island Drive, is located in the City of Newport Beach, Orange County, California. This project would place structures or consist of work in or affecting navigable waters of the United States. Therefore, pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), your proposed project requires a Department of the Army permit. I have determined construction of your proposed project would comply with Nationwide Permit (NWP) No. 3, Maintenance, if constructed as described in your application. Specifically, and as shown on the attached drawing, you are authorized to conduct the following regulated activities: 1. To remove an existing 5 foot by 29 foot cantilevered concrete deck. 2. To install a new 5 foot by 29 foot concrete deck cantilevered 5 feet over the bulkhead to create approximately 145 square feet of overwater coverage. For this NWP verification letter to be valid, you must comply with all of the terms and conditions in Enclosure 1. Furthermore, you must comply with the non -discretionary Special Conditions listed below: 1. This Corps permit does not authorize you to take any threatened or endangered species, or adversely modify its designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). 2. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 3. No other modifications or work shall occur to the structure permitted herein. 4. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an, appropriate upland site. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account, of any such removal or alteration. This verification is valid through March 18, 2017. If on March 18, 2017 you have commenced or are under contract to commence the permitted activity you will have an additional twelve (12) months to complete the activity under the present NWP terms and conditions. However, if I discover noncompliance or unauthorized activities associated with the permitted activity we can exercise discretionary authority and thereby modify, suspend, or revoke this specific verification at an earlier date in accordance with procedures in 33 C.F.R. § 330.4(e) and 33 C.F.R. § 330.5(c) or (d). At the national level the Chief of Engineers at any time prior to the expiration of a NWP may chose to modify, suspend, or revoke the nationwide use of a NWP after following procedures set forth in 33 C.F.R. § 330.5. It is incumbent upon you to comply with all of the terms and conditions of this NWP verification and to remain informed of any change to the NWPs. A NWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it 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 the regulatory program. If you have any questions, please contact Jason Lambert at 213-452-3361 or via e-mail at Jason.P.Lambert@usace.army.mil. Please complete the customer survey form at http://per2.nwp.usace.anny.mil/survey.html, which would help me to evaluate and improve the regulatory experience for others. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosure(s) IJI!II .,1111 IJI" I,,,,ii I LOS ANGELES DISTRICT US ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: Name of Permittee Date of Issuance: SPL-2013-00531-JPL Pepe Tena, December 5, 2013 Upon completion of the activity authorized by this permit and the mitigation required by this permit, sign this certificate, and return it by ONE of the following methods; 1) Email a digital scan of the signed certificate to Jason.P.Lambert@usace.army.mil 2) Mail the signed certificate to US Army Corps of Engineers ATTN: Regulatory Division SPL -2013-00531 Los Angeles District, Corps of Engineers P.O. Box 532711 Los Angeles, California 90053-2325 I hereby certify the authorized work and any required compensatory mitigation has been completed in accordance with the NVWP authorization, including all general, regional, or activity - specific conditions. Furthermore, if credits from a mitigation bank or in -lieu fee program were used to satisfy compensatory mitigation requirements I have attached the documentation required by 33 CFR 332.3(1)(3) to confirm the appropriate number and resource type of credits have been secured. Signature of Permittee Date C s CONCRETE CANTILEVERED DECK EE g FLOOR PLANS, ( TENA RESIDENCE ;B INFC. 426 HARBOR ISLAND DR.� �z NEWPORT BEACH, CA 92660 s 741 E Sag$ ,�, 8^i9$�e P"! ` m i - 1£i0 s x = � nlP RESOURCES DIV.� I gg � pg asi EEL GRASS INSPECTION_ MPORT EACH 0 Eelgrass within 15' of project y M R PI ---.cam ` I �I.-No Eelgjass in pr¢ject area I # � Signature _ cel��i�1.3 C-c4-5�-b-lo i 1 Insoectio t r i q. u i - s CONCRETE CANTILEVERED DECK EE g FLOOR PLANS, ( TENA RESIDENCE ;B INFC. 426 HARBOR ISLAND DR.� �z NEWPORT BEACH, CA 92660 s 741 E s m - 1£i0 s x = rn RESOURCES DIV.� 93 EEL GRASS INSPECTION_ MPORT EACH 0 Eelgrass within 15' of project y M R PI ---.cam ` I �I.-No Eelgjass in pr¢ject area I # � Signature cel��i�1.3 C-c4-5�-b-lo Insoectio q. u 0 s CONCRETE CANTILEVERED DECK EE g FLOOR PLANS, ( TENA RESIDENCE ;B INFC. 426 HARBOR ISLAND DR.� �z NEWPORT BEACH, CA 92660 s CONCRETE CANTILEVERED DECK CINE?.AL NOTES I TENA RESIDENCE A DECKELEVATION 426 HARBOR ISLAND DR. NEWPORT BEACH, CA 92660 V cn 0 —4 mw i Mo in � � o , ���� ���--"?� � I��-- �, j � i .�'-d j i�--- = � is> cn, m c) 1 m < z 7 It Ito > Rl > —l'- 7 7 Fg 1 ,17.) 1 V Zo IS lip a , n7tr I.; R.11 Qii t D 1-11 n T 3T - V, a 'a Hi m Z Zak m 'o Rut - q gu -;q U-1 q! 11GH l la 1 1_ 1 i 52 qdi 'RiNP6 il I fj z ;-57 MT CONCRETE CANTILEVERED DECK CINE?.AL NOTES I TENA RESIDENCE A DECKELEVATION 426 HARBOR ISLAND DR. NEWPORT BEACH, CA 92660 F1`ti —h REPLY T w - ae Regulatory Division Lani Shaw Tri Cities Pools, Inc. 250 Roundtree Court Brea, California 92821 Dear Ms. Shaw: DEPARTMENT OF THE ARMY Los Angeles District, Corps of Engineers P.O. Box 532711 Los Angeles, California 90053-2325 November 15, 2013 Reference is made to your request (File No. SPL-2013-00531-JPL) dated August 28, 2013, for a Department of the Army authorization to construct the Overhanging Deck Project at 426 Harbor Island. Drive. In order to continue processing your request, the information designated on the attached checklist is required. We ask that you re -submit your request along with this letter and the additional information checked on the enclosed list at your earliest convenience. Please provide the requested information within 30 days from the date of this letter or let us know if you need an extension. For purposes of workload management, we will need to withdraw your request if we do not hear from you within 30 days. If you have any questions, please contact me at 213-452-3361 or via e-mail at Jason.P.Lambert@usace.arrny.mil. "Building Strong and Taking Care of People" Sincerely, Jason P. Lambert Project Manager South Coast Branch Regulatory Division Enclosure Comment [DPS1]: SPL -2013-00531 Clipboard copy LAMBERT CESPL-RGS -z - LIST OF ADDITIONAL INFORMATION REQUIRED FOR COMPLETE INDIVIDUAL PERMIT APPLICATION APPLICANT Complete the enclosed ENG Form 4345 including signatures of Applicant and Agent Signature for statement designating official agent Telephone number during business hours DESCRIPTION OFAC77VITY X Detailed written description (incl. area, volume, dimensions) of activity to be permitted X Complete description of overall project Location and name of watercourse Precise coordinates of the project location (either as latitude/longitude or UTM) Estimated area in acres of waters of the United States that will be impacted by filling, draining, or flooding for the entire proposed activity Linear distance of waterway that will be impacted for the entire proposed activity Quantity in cubic yards of material to be dredged or used as fill Source and composition of fill material Method of clearing/dredging Method of transporting dredged material Location of disposal site for dredged material STATUS OFADDITIONAL PERMITS OR CERTIFICATIONS X California Coastal Commission - federal consistency determination Regional Water Quality Control Board - 401 certification California Department of Fish and Game - Streambed Alteration Agreement Local approvals required by City, County, or special districts. -3— REQUIRED FIGURES AND DIAGRAMS All figures and diagrams should be legible, on 8 1/2 x 11" white paper, and include a north arrow, scale, and other pertinent project information, X Vicinity map X Scale plan view diagram of existing (preproject) conditions X Scale plan view diagram of anticipated conditions following construction of project Cross section or lateral view of proposed activity Project site as sketched on a xeroxed portion of USGS quad map identifying quadrangle name, township and section Delineation of Corps jurisdiction including affected special aquatic sites such as wetlands, showing boundaries and areas of temporary and permanent impacts For NWP Pre -Construction Notifications, provide representative photographs of the project areas to be impacted (especially of the jurisdictional areas) All drawings and maps should be properly labeled and show the following: River mile X Name of water body X Identifiable landmarks Area of Corps jurisdictional delineation indicating ordinary high water mark and adjacent wetlands juxtaposed on project plans X Mean and maximum (spring) high tide lines X Average water depth around the activity X Dimensions of the activity and distance it extends from ordinary high water mark into water Location of structures and dimensions immediately adjacent to the proposed activity -4— LIST OF ADDITIONAL INFORMATION RECOMMENDED TO EXPEDITE EVALUATION OF INDIVIDUAL PERMIT APPLICATION Bioassay results for Ocean Disposal projects X Photographs of the project site (aerials if available) Report describing the biological resources on the project site Results of focused surveys for endangered species and designated critical habitat. Contact: U.S. Fish and Wildlife Service and/or National Marine Fisheries Service for recommended survey protocols. Report of archeological/historical resources on/near project site compiled from a record search by a qualified professional archeologist/historian at the regional center in your locale (see below). California State University, Fullerton, Department of Anthropology - (657) 278- 5395: Los Angeles, Orange, and Ventura Counties San Diego State University - (619) 594-5682: San Diego and Imperial Counties U.C. Riverside - (951) 827-5745 [eickw@ucr.edu]: Inyo, Mono, and Riverside Counties U.C.S.B. - (805) 893-2474 [centralcoastinfo@gmail.com]: San Luis Obispo and Santa Barbara Counties San Bernardino County Museum - (909) 307-2669x255: San Bernardino County X Other information: 1) If there is an increase%hange in overwater coverage, please provide a copy of the eelgrass survey performed. 2) Please provide a .signed Preliminary Jurisdictional Determination form for the proposed project area. -5— FORMAT FOR ADDITIONAL ADDRESSES Applicants for individual permits must provide a list of adjacent property owners to allow for adequate circulation of the public notice. The list can be provided on mailing labels or can be provided electronically in a format the Corps can use to print the mailing labels. If the list is provided electronically, it must be provided in dBASE III format. Before you provide this list to the Corps, please check that all the data is provided and that no fields have truncated data. Most commercial spreadsheet and mailing list software allow for files to, be saved in dBASE III format. The mailing list should have the following fields arrayed horizontally (in this precise order) and the field names should be entered into the first row (record). Company Name Individual Name Street Address P.O. Box City State Zip+4 The electronic list may be provided on a standard diskette or by email attachment to the Corps Project Manager. STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office a� 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 Date: September 26, 2013 Permit No. 5-13-0546 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on August 23, 2013 and was reported to the Commission on September 11, 2013, 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. CHARLES LESTER Executive Director By: Title: Coastal Program Analyst STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY EDMUND G_ BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 -� Long Beach, CA 90802-4302 (562)590-5071W5a Staff: Liliana Roman — LB Date: August 22, 2013 _ ADMINISTRATIVE 'PERMIT Application No. 5-13-0546 Applicant: Umbral LLC Agent: Tri Cities Pool, Attn: Lani Shaw Project Description: Construction of an approximately 5' x 29' (145 sq. ft) concrete deck cantilevered 5'beyond the bulkhead and beyond the private property line over coastal waters and request for after -the -fact approval of demolition of previously existing 5' x 29' cantilevered concrete deck at the site. Project Location: 426 Harbor Island Drive, 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 �^:er bership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Wednesday, September 11, 2013 8:30 am Eureka Public Marina Wharfinger Building #1 Marina Way Eureka, CA 95501 IMPORTANT - Before you may proceed with development the following must occur: 5-13-0546 (Umbral LCC) Administrative Permit 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. CHARLES LESTER Executive Director By: Liliana Roman Title: Coastal Program Analyst STANDARD CONDITIONS: This permit is granted subject to the following 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 the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages six thru eight. 2 5-13-0546 (Umbral LLC.) Administrative Permit 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. PROJECT DESCRIPTION The subject site is a residentially zoned bayfront lot located at 426 Harbor Island Drive, Newport Beach (within Newport Harbor) in Orange County (Exhibit 1). The applicant proposes to build a concrete cantilevered deck beyond the private property line over coastal waters and requests after - the -fact approval for demolition of a cantilevered deck in the same size and configuration as the proposed new structure. Specifically, the proposed concrete deck is 29' long and cantilevered 5' beyond the bulkhead, over coastal waters, with a railing along the perimeter of the cantilevered deck. Project plans are included in Exhibit 2. The proposed deck is associated with the adjacent single_ family residential use. The site is currently developed with a single-family residence on a bulkhead lot and a private dock. Most of the water fronting homes along Harbor Island Drive and Harbor Island Road are developed with single family homes, many of which also have decks cantilevered beyond the bulkhead and boat docks built in coastal waters within Newport Harbor. The proposed deck is similar in function to the other cantilevered decks associated with residential development on in this area of Newport Harbor. The City's municipal code, at Title 17, Section 17.35.020.C, places various limitations on cantilevered decks, including limits on where cantilevered decks are permitted. The City prohibits decks that would be cantilevered over areas described in the City's tidelands trust. As explained further below, the site is not public trust/tidelands, but is owned by the City in fee simple. The City of Newport Beach Community Development Department and Harbor Resources Division both reviewed the proposed pians and issued Approval -in -Concept #1101-2013 dated 6/5/13 and Harbor Permit Number 200-426. To address water quality concerns, the applicant is proposing directing deck drainage and runoff landward of the deck on the subject lot. All work will occur from the landward side of the deck. The proposed construction will not disturb bay waters or bay bottom sediments. Public Access The subject site is located on Harbor Island Drive near the intersection with Bayside Drive in the City of Newport Beach. The nearest public access to the beach/harbor in the area is approximately 9 5-13-0546 (Umbral LCC) Administrative Permit 600 feet south of the site at the public beach located at Harbor. Island Road and Beacon Bay. There is also a small public park/plaza 100 feet north of the site along Bayside Drive which provides views of the harbor, however, public access to the water is not available at this point; most likely due to the high seawallibulkhead. The proposed deck would cantilever over the waters of Newport Harbor. In this area of Newport Harbor, the property over which the proposed cantilevered deck is to be built is not subject to the public trust because the mean high tide line (MHTL) was adjudicated in this area in case no. 20436 in Orange County Superior Court in 1926 (Orange County v. The Irvine Company). The court identified the MHTL in this area at about 1,700 feet westward of the subject property. The channel in front of the subject site is navigational and is subject to the navigational easement pursuant to Public Resources Code section 7552.5, which, in general, precludes the owner from interfering with the public's right to navigate the channel. Furthermore, the City obtained fee title to the waterway in conj niction with its approval of Tract No. 3867 that was finalized in T e 1972. The waterway was given to the City in fee simple as Lot A, which the tract map states is dedicated "for public water navigation purposes subject, however, to an easement appurtenant to each of the lots within the tract for pier, mooring and maintenance purposes over portion of Lot A lying between the bulkhead line and the pierhead line as shown on the tract map contiguous to each lot". Since the proposed cantilevered deck will be landward of the designated pierhead line in the channel, the proposed cantilevered deck is not expected to interfere with the public's ability to navigate the channel adjacent to Harbor Island Drive because pierhead lines are established to ensure that docks and piers do not interfere with navigation. Therefore, the proposed development will not interfere with the existing navigational easement over the channel. Furthermore, Special Condition 2 is imposed stating that the approval of a coastal development permit for the project does not waive any public rights or interest that exist or may exist on the property. The proposed development consisting of demolition and replacement of a cantilevered concrete deck on an existing developed residential lot on a bulkhead lot will not have any new adverse impact on public access to the coast or to nearby recreational facilities. There is no sandy beach area in front of the subject site, therefore, in this case, the placement of a concrete deck cantilevered 5' beyond the bulkhead would not create an impediment to public access as there is no opportunity for the public to walk upon the land in front of the bulkhead at this site. In this case, there is an existing significant pattern of development of 5' wide decks cantilevered over the bulkhead (Exhibit 3). In fact, this site previously had a cantilevered deck which has been demolished (the applicant is requesting after -the -fact authorization for the demolition) and is proposed to be reconstructed in the same size and configuration. Thus, the construction of a cantilevered deck at this site and in this location would not be establishing a new pattern of development (nor create an adverse public access condition, as previously mentioned). Marine Resources The site was surveyed for eelgrass and Caulerpa taxilfolia on June 29, 2013. No eelgrass or Caulerpa taxilfolia were found within the project area or vicinity. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing season for eelgrass 0 5-13-0546 (Umbral LLC) Administrative Permit and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required and if eelgrass or Caulerpa taxilfolia are found on the project site in those subsequent surveys, Special Conditions No. 3 and No. 4 identify the procedures necessary to be completed prior to beginning any construction. Local Government Approvals Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. HABITAT As conditioned, the development will not result in significant degradation of adjacent habitat, recreation areas, or parks and is compatible with the continuance of those habitat, recreation, or park areas. Therefore, the Commission finds that the project, as conditioned, conforms to Section 30240(b) of the Coastal Act. C. DEVELOPMENT The development is located within an existing developed area and is compatible with the character and scale of the surrounding area. However, the proposed project raises concerns that any future repair and maintenance of the project site potentially may result in a development which is not consistent with the Chapter 3 policies of the Coastal Act and the Commission's regulations_ Section 13252 of the Commission's regulations provides that certain repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse impacts to coastal resources. Activities that involve a risk of such impacts include, in part, using mechanized construction equipment or construction materials within 20 feet of coastal waters or streams. Since the proposed concrete deck cantilevers over open coastal waters, future maintenance activities on the concrete deck involve a risk of substantial adverse impacts to coastal waters because such activities may involve the use of mechanized equipment or construction materials over open coastal waters. Therefore, to assure that future development is consistent. with the Chapter 3 policies of the Coastal Act, the Commission imposes Special Condition 5 requiring the applicant to apply for an amendment to this CDP or a new CDP, if applicable, for any future development within the subject site. As conditioned the development conforms to the Chapter 3 policies of the Coastal Act. D. PUBLIC ACCESS The proposed development will not affect the public's ability to gain access to, and/or to use the coast and nearby recreational facilities. Therefore, as proposed and as conditioned, the project conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. E. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into 5 5-13-0546 (Umbral LCC) Administrative Permit coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. F. LOCAL COASTAL PROGRAM The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is -in conformity with the provisions of Chapter 3. G. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Construction Responsibilities and Debris Removal. (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (e) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. 2. Public Rights. The Coastal Commission's approval of this permit shall not constitute a. waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 0 5-13-0546 (Umbral LLC) Administrative Permit 3. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation:impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 4. Pre -construction Caulerpa Taxifolia Survey 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. 7 5-13-0546 (Umbral LCC) Administrative Permit C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until l) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that co���plies 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. Future Improvements. This permit is only for the development described in Coastal Development Permit No. 5-13-0546. Pursuant to Title 14 California Code of Regulations Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(b) shall not apply to this development governed by the Coastal Development Permit No. 5-13-0546. Accordingly, any future improvements to the structures authorized by this permit, including but not limited to, repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 1.4 California Code of Regulations Sections 13252(x) -(b), shall require an amendment to Permit No. 5-13-0546 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that have received a copy of this permit and have accepted its contents including all con,ii ns. ]]JJJ Applicant's Sign lure Date of Signing 0 VR. ,� e�8,,��" �a ..s"k + �" �y^<x�. ✓yf�';,a.,.i§, s �� �W'{�7F�� �• i � -tet �„ �� # °��tx ��� - -�"m-a�Ep �Z _� s • �„-°�y-��yp L`'"`' '�"cw`s j �•.S fir aqua `z. t yr�Me, Rkp Taj AR Z2 ��'��x t�...� ",+ t i y" s a i �-. ����.•��c,�,�'"'� �� � �� ty :�' s`'s. �J ���s'zt1 d QR ,� f.�, ���:.g � _ � a Pi g:'.a�,.n � el �":�' +ami, � .r �.,x'#''� �'. � C; N'` -�`.ai �y" � E zu .q "r � 3' ` ° t•. :n sams, v x °-�~}- $'S. f i s. y .:,r�r' ?s.,p„ s" 2�, %x k' P r^.,•�e`!' �. st' 'C 4.. f d.-4 a".+ *`�a, •f .� $ :.y r . a llfV a. P Y �'''"'. ,.SOME- a qq-__ lszm.-1 GOAS'p L COMMISSION EXHINT t�,._, PACE_ __oF__Z_ . I - -71 IT6 WOM RESOURCES D CITY )E BEACH El Eb �- i 4 S�gnawrf Date �'— Is 92 -�-- - _ iif t 7} Y ° CONCRETE CANTILEVERED DECK _s F4 L &MOORFRUP Ss TENA RESMENCE - a+ro 426 HARBOR ISLAND DR. NEWPORT BEACH. CA MW a EEL GESS RapEcnom wftn 75 —,Qfv �f.,...:...,6 L COMMISSION3 -{ Cb C ci 55 � Z cl a n m �' i i � f x a pin 1_ 7zP m i E - go n n. ZI< Z 3. zra O Z zo o oe z:r 0 i .,. a • rx n $3s z sa ash m a y X ` z Il s it ar a g $in Us j3 pZ sp i 1jj1 � ! 1 §a a r Pi gal - -r !I Fn J'j a :MA -f ,x�'- ./'f � • .•ice NI ........... "�"��. '$'..�.' �• '� mIN £ p 'may �. � �7i '•'' WN . ✓` ..,u:� & Ms s i n s^ ,� '± -s'r NZ ge' x ✓ p V � w Nng OU i �� � ,�.� .•r4. .A '=... _ �A � _ ^`fib Aft,. � } m x E 5-13-0546 (Umbral LCC) Administrative Permit kY y C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a mariner 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. Future Improvements. This permit is only for the development described in Coastal Development Permit No. 5-13-0546. Pursuant to Title 14 California Code of Regulations Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(b) shall not apply to this development governed by the Coastal Development Permit No. 5-13-0546. Accordingly, any future improvements to the structures authorized by this permit, including but not limited to, repair and maintenance identified as requiring a permit in Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(x) -(b), shall require an amendment to Permit No. 5-13-0546 from the Commission or shall require an additional coastal development.permit from the Commission or from the applicable certified local government. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF C®NTENTS: I/We acknowledge including all coni Applicant's ve received a copy of this permit and have accepted its contents Date of Signing HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing concrete cantilevered deck with identical size deck. 5' max. from bulkhead. (Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval Property Address: 426 Harbor Island Dr. Legal Description: Harbor Permit Number: 200-426 Plan Check Number: 1101-2013 Applicant: Pepe Tena Applicant's Mailing Address: 426 Harbor Island Dr., Newport Beach, CA 92663 Phone Number: 714-293-9799-Lani Shaw I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find A They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or.the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resou July 10, 2013 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 Pn,t ForaYrWorksheet for Building Combo PermittIPPn, City of Newport Beach -Building Divisio ) �Comm'I Residential CES } ; z NOTE: PLAN CHECK FEE DUE AT TIME OF S ,F<Buildin9 Gradin Draina e �Elec Mech Plum Cu Yd Cu ,d Fin Y 9 � 9 � 1- Project Address (Not mailing address) E-7-7 /_j Description of Work Use ^# Stories # Units (if Res) Valuation $ New/Add SF Remodel SF Garage/New/Add I Material/Labor OWNER'S NAME Last First Owner's Address Owners E-mail Address City State Zip - Telephoned _— APPLICANT'S NAME Last !- -_- _- -- _---' First Applicant's Address City State Applicant's E-mail Address Zip Telephone__— ARCHITECT/DESIGNER'S NAME Last First _ -- —_ Lic. No. Architect/Designer's Address City State Architect/Designer's E-mail Address Zip ------ Telephone __— ENGINEER'S NAME Last ;First Lic. No. -' ----- -- -- - - GUS- _ Engineer's Address City —_ - State Engineer's E-mail Address Zip Telephone 14-_.b CONTRACTOR'S NAME/COMPANY e ' Lic. No. Class Contractor's Address City State�� ENERGY P/C FEE $ FIRE P/C FEE $ GRADING P/C FEE $ ELEC/PLUM/MECH P/C FEE $ PLANNING P/C FEE $ Contractor's E-mail Address ZipTelephone PERMIT NO. PLAN CHECK NO. 10� Q110IZS PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ N Co N LO N M V r rn o 0 oa o 0 0 NC"i 6l3 fA cA fA fA N} �' M O N O CO c�CD O N •E. .. L r w 0 a Z O 3 0> d O W O W ZU) y Q.� m oa Ucn CL O ♦� o Q V C US f2 c i V d cn n U Q 0 = O a- aCO ccc = Q 71 W JQmN o 0 m o'S �LL N LL Emi.�1L' Jz Go LL ❑ L- Q O E a U W m Z o i z It z L1 itrZo4o Y L Q Om5� U = ti c�., y O N O O O c C . N (1) -2 Cl) fR fA ❑ � - O N U N d --00 --. 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BROWN, JR, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 June 12, 2013 Umbral LLC 426 Harbor Island Drive Newport Beach, CA 92660 Violation File Number: Property location: Unpermitted Development': Dear Umbral LLC: V-5-13-023 426 Harbor Island Drive Newport Beach, CA 92660 Demolition of cantilevered deck This letter is regarding the cantilevered deck that was demolished on your property located at 426 Harbor Island Drive in Newport Beach. According to our records, the demolition was completed without a required coastal development. permit (CDP). Furthermore, the demolition was performed without an analysis of potential impacts that this activity could have on nearby marine habitats and :possibly without the necessary measures to protect water quality. For reference, the California Coastal Acte was enacted by the State Legislature in 1976 to provide long-term protection of California's 1,100 -mile coastline through implementation of a comprehensive planning and regulatory program designed to manage conservation. and development of coastal resources. The California Coastal Commission ("Commission") is the state agency created by, and charged with administering, the Coastal Act. In making its permit and land use planning decisions, the Commission carries out Coastal Act policies, which, .amongst other goals, seek to protect and restore sensitive and marine habitats; protect natural landfoi res; protect scenic landscapes and views of the sea; protect against loss of life and property from coastal hazards; and provide maximum public access to the sea. Pursuant to Section 30600 (a) of the Coastal Act, any person wishing to perform or undertake development in the Coastal Zone must obtain a CDP, in addition to any other permit required by law. "Development" is defined by Section 30106 of the Coastal Act as: ' Please note that the description herein of the violation at issue is not necessarily a complete list of all development on the subject property that is in violation of the Coastal Act and/or that may be of concern to the Commission. Accordingly, you should not treat the Commission's silence regarding (or failure to address) other. development on the subject property as indicative of Commission acceptance of, or acquiescence in, any such development. 2 The Coastal Act is codified in sections 30,000 to 30,900 of the California Public Resources Code. All further section references are to that code, and thus, to the Coastal Act, unless otherwise indicated. V-5-13-023 — Umbral June 12, 2013 Page 2 of 2 "Development" means, on land, in or under water, the placement or erection of any solid material or structure, discharge or disposal of any dredged material or any gaseous, liquid, solid, or thermal waste, grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of water, or'of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public, or municipal utility, and the removal or harvest of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations.... The above-mentioned demolition of the cantilevered deck constitutes development under the Coastal Act and, therefore, requires a coastal development permit. Any non- exempt development activity (which is the case here) conducted in the Coastal Zone without a valid CDP, or which does not- substantially conform to a previously issued permit, constitutes a Violation of the Coastal Act. In some cases, violations involving unpermitted development may be resolved. administratively by obtaining a coastal development permit authorizing the development after -the -fact with any necessary conditions to ensure consistency with the Coastal Act and mitigation to compensate for resource impacts. In order to resolve this matter in a timely manner, we are requesting that you submit a complete coastal development permit application by July 10, 2013 for either removal of any unpermifted development and restoration of the site or to authorize the as -built development. For your convenience, you may download a coastal development permit application at www.coastal.ca.gov. Please contact me by no later than June 26, 2013 regarding how you intend to resolve this violation. Please do not hesitate to call me at (562) 590-5071 if you have any questions or concerns regarding this letter. Thank you for your cooperation and attention to this matter. Sincerely, Jimmy Chang 1JJl{ South Coast District Enforcement cc: Sherityn Sarb, Deputy Director, CCC Teresa Henry, South Coast District Manager, CCC Karl Schwing, Orange County Planning Supervisor, CCC Patrick Veesart, Southern California Enforcement Supervisor, CCC Andrew Willis, Enforcement Analyst, CCC Promontory Bay Community Association Village Way Management m z D O m 0 0 m n D z HA R RESOURCES DV. C1 E NEWPORT BEACH m' r � D z j i i i E ' CONCRETE CANTILEVERED DECK SITE & FLOOR PLANS, TENA RESIDENCE n—�� if t JOB INFO. 426 HARBOR ISLAND DR. NEWPORT BEACH, CA 92660 fig P !4% § 09 55 a 12'2 u s EEL GRASS INSPECTION nv ZINSO 0 v rn In Y ? S s8 —i s+Slsn £$ �a�i',e � o AJ 5a 0 = ; o m - _ f Y i O _ Inspeutimn ®atg R - g `m -FIMS .also spur, m In D - D 0 CONCRETE CANTILEVERED DECK SITE & FLOOR PLANS, TENA RESIDENCE n—�� if t JOB INFO. 426 HARBOR ISLAND DR. NEWPORT BEACH, CA 92660 EEL GRASS INSPECTION 0 Eelgrass within 15' of project 0 v of `�1 0 �elgrass in p feet area Signaturea 0 = ; o m - _ f Y i O _ Inspeutimn ®atg R - g `m -FIMS m 7 I ' $ i CONCRETE CANTILEVERED DECK SITE & FLOOR PLANS, TENA RESIDENCE n—�� if t JOB INFO. 426 HARBOR ISLAND DR. NEWPORT BEACH, CA 92660 'CONCRETE CANTILEVERED DECK asap r po GENERAL TENA RESIDENCE ma STRUCTIIRA ENGINEERS DETAILS & DECK 426 HARBOR ISLAND DR. ELEVATION NEWPORT BEACH, CA 92660 -fir. .4 p m > • I z > F m -24 02) 'Pul hti M U3 q m C) 401m ti m 03 1 -0 < > M 0 A<> 0 m > 0 3. A A F�E z om m 02 20 0 m 0 U) j - � > ozVia= z Us ouI In t3 A tu, Km r i HE ifm q 4!i i p- � VE; . 52 m U z m z y MfHff RM- i np; gn RUNE -l! .1wpw;in 1 a.--- 13 go -4 -HS -H :;`u i -- I E` I i H --! I8 -ems' i -, 1 - , 1 : m H- HP -H:i e3.4 q! cn t R fi 1;t S -N lit UP- at ! '25:f4-�� i -q I. -i HIT R 1 1, Mu: , -- - 0 --;N ns. I :,% SF "MM, I", Na n gal ;M-2 'CONCRETE CANTILEVERED DECK asap r po GENERAL TENA RESIDENCE ma STRUCTIIRA ENGINEERS DETAILS & DECK 426 HARBOR ISLAND DR. ELEVATION NEWPORT BEACH, CA 92660 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. Site Name: 426 Harbor Island Drive (common reference) Survey Contact: 11 Mark Site (949) 675-1071 mark1sites@yahoo.com 1 (name, phone, e-mail) Permit Reference: City building permit CCC (ACOE Permit No., CCC Permit No.) System: Newport Harbor lHydrographic (bay, estuary, lagoon, or harbor) Specific Location: (UTM, Lat./Long., N 33 36.795' datum, accuracy level, W117 53.953' attach electronic survey area map if possible) Was Eelgrass Yes, Eelgrass was found at this site. Detected: XXX No, Eelgrass was not found at this site. Description of Permitted Work: (describe briefly the Construct a cantilevered deck with an approximate 4` extension work to be conducted at beyond the bulkhead. No piles. the site under the permits identified above) Eelgrass Survey Reporting Form (April 2009) Description of Site: Depth range: (describe the physical -2.5' to -5' MLLW and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate Mud over sand and rock type: Temperature: 68 F Salinity: NA Dominant flora: Small amount of blue-green algae. Dominant Mussels and oysters on bulkhead. fauna: Exotic species encountered: None Cather site description notes: None Description of Survey Survey date June 29, 2013 0845-0900 Effort: and time (please describe the period: surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actuaAy viewed). Describe any limitations encountered during the survey efforts. Visibility in 11 6' water: Eelgrass Survey Reporting Form (April 2009) 3 Eelgrass Survey Reporting Form (April 2009) Survey type Potential area of impact, beneath proposed deck, and was viewed from the surface at low tide. Clarity of methods: the water, limited footprint of the project, and the fact that this is not a bottom disturbing activity made this method appropriate. T Survey personnel: Mark Sites JISurvey Greater than 75% density: Survey limitations: None Other Information: Project drawing, photos, and aerial attached. (use this space to provide any additional +07 MLLW flood tide information or references to attached materials such as maps, reports, etc.) 3 Eelgrass Survey Reporting Form (April 2009) it r Wti --90- ttt Caulerpa Survey Reporting Form 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: June 29, 2013 Name of bay, estuary, Lower Newport Harbor lagoon, or harbor: Specific Location Name: 426 Harbor Island Drive, Newport Beach (address or common reference) Site Coordinates: N 33 36.795' (UTM, Lat./Long., datum, W 117 53.953' accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Mark Sites (949) 675-1071 marklsites@yahoo.com (name, phone, e-mail) Personnel Conducting Same Survey (if other than above): (name, phone, e-mail) Permit Reference: City Building permit CCC (ACOS Permit No., RWQCB Order or Cert. No.) Is this the first or second First survey for thisproject? Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXX No, Caulerpa was not found at this above) site. Description of Permitted Work: (describe briefly the Build a cantilevered deck with an approximate four foot work to be conducted at the extension beyond the bulkhead site under the permits identified above) Description of Site: Depth range: -2.5' to -5' MLLW Substrate type: Mud over sand and rock (describe the physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please Temperature: 68 F Salinity: NA Dominant flora: Blue-green algae provide units for all numerical information). Dominant fauna: Mussels and oysters on bulkhead Exotic species None encountered (including any other Caulerpa species): Other site None description notes: Description of Survey Survey date and June 29, 2013 0845-0900 Effort: timeperiod: (please describe the surveys Visibility in water: 6' vertical conducted including type of survey (SCUBA, remote Survey type and Bottom area beneath proposed deck was video, etc.) and survey methods: viewed from the surface. Clarity of the methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). water, limited footprint of the project, and the fact that it is not a bottom disturbing activity, made this survey method appropriate. Describe any limitations Survey personnel: Mark Sites encountered during the survey efforts. Survey density: Greater than 75% Survey limitations: None Other Information: (use this space to provide Project drawing, photos, and aerial attached. additional information or 0.7 flood tide. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) y� if tet" j`r 0'__j f. •••. 3 �.Y_tf �<L`. `l� ��`�i�,•� f-�-J� ` ( � tt !�, LHtN. KLf c\ f` �L f�' 1 ,�f � %i-:•, fC is „�NN�A ,_. C`'�'`pt 1) no /.-.___ ZI :''\�_-..ter^'=`=••,-=J! `•\ \'�..r'�f t) 41 t � - l'!-•'�4.r' �.^-.....�� : `�/•:':�Y/Y•.e Ile.> Y • 1 �rcr �- ;.,�1.�.��lr• 1.%f�//'' . .�i f � tl / / i�/r. r�iJ Aj 1 CITY OF NEWPOIN r' ©EACH HARBOR APPL'r�;ATION INO. P pMON70AY A3 A �• r Lo„ eco'j, ��,•�� h� x 0.0 I0 XAMP �p - N F o r�, r 0. co 1NGt-K/ of C i I t I 1� �►�lx adt E .,dr" w occ —4c VICINITY SKETCH .vslr Jcrrr Nswvoar BAY, Cat WoaNIA ys ierrr hq �t�'DflLE w Alo - C -A, 6 Soundings ore &AOressed in Acrel anal daho/e dep?A5 be/ow Alcoa Lower Low Wader. Mor��s.c�ns 1*0019e0f fio'C i0 4cev. Harbor 4.7cs _ are esiob/t'shad a7 >`his . secl oo of NewPorf Bob J (� 44 M. ri .5• 3' K 20 exp w 3x8' �rq►�c7 -� �� , _� P1 � 4ZG HP es» "S -!,L p � '� p..Y �` ✓ .-Q,00e�-ss /�l�Kff'0�7' B�`1�utJ, G4G/P. 7-*e4C7- F'GOCX GOT hP�lW�� F?)Ile f e%TM,4A1 CITY OF INEWPi;i'll HARBOR Rrvill PK:RMFSS'ON 'S iir- ,:ay TO C;GV,'-,TH0CT ANc MAINTAIN TF3g FACT pit T����' n C 11''�� ,,((f�� ��yy" ��yyy' xx-' 'L.i W ali. i yid.': >3 '6.i'o.E6:.FiiEOF 11T 1 ��� �/!� F lYJK�iW�'. -. .e ■ 1i � � +,..,A � • Y .'l�YfN� V THE Ii 1AkZFt:9R 6zFF� ii1ANY Dlk� a w t8ZAC" AW �/�j l ��i � ` � �� Is NOT TRASwtzeE�� DATE eY� r�r�r �. Tii t:i(V:Al;.. L�b,���� ------------- �r e,F=E RIG;I'ra :G�ir Ilf.� nn.;. %i �:�"1"k �. °.•f.b A 3C 0 b 5i{i�.:G.;1 �r �rw OWL AND 'JIS PUMifr t'HAV ;RCxvBtFdt ATTACHED SD Eff n ;k W ACCORDANCE: WiTif YI'YLF ii �� ray �'a3k �.�+JilntYyC•w�rl LE3lJC. y (/ 'r � /� y UITY -HARBOR r eRnnrr Na. IDATE SPECIAL y v�eralafi i HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: August 17, 2012 Permit Number: CQC(—)— T2Lo ** Property Address: 426 Harbor Island Drive Newport Beach CA 92660 ** Buyer's Names: Pepe Tena Billing Address: Telephone No.: Buyer's Signatures: ** Seller's Names: COMMe tial Bank California ** Seller's Signatures:U� Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive Suite 200 Newport Beach CA. 92660 ** Escrow Number: 43497 -BF ** Fax Number: 949-721-5157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): September 10 2012 **STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: qI I I ( _ Reinspection Date: Fee Paid: Q Check No.: ✓ ��_�:;7 r Application Completed: Harbor Resources S ature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code 'PLEASE SIGN AND RE -TURN HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: August 17, 2012 Permit Number: ** Property Address: 426 Harbor Island Drive, Newport Beach. CA 92660 ** Buyer's Names: Pepe Tena Billing Address: Telephone No.: * Buyer's Signatures: ** Seller's Names: ** Seller's Signatures: Joint Owner Signature: BankOff California ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200 Newport Beach, CA 92660 ** Escrow Number: 43497 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): September 1.0, 2012 **STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code ��,�AN �. WPO September 11, 2012 Mariners Escrow Fax# 949.721.8157 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: 426 Harbor Island Drive Escrow# 43497 -BF Dear Mariners Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, �i8a Wa�� Lisa Walters INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass 421-c 4 ISI .-DI— Reinspection YeV Need None Needed Yes Need oil tt U-2,- W CILK2 - Date Time FJ Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project 0 No. Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http://Www6.city.newport-beach.ca.us/servleticom.esri.esrimap.Esrimap?ServiceName=n... 08/22/2012 MARINERS ESCROW 270 NEWPORT CENTER DRIVE, SUITE 200 / NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F 949.721.8157 1 www.marinersescrow.com Date: September 11, 2012 Escrow No.: 43497 -BF Your Re: City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92659 Attn: Lisa Walters Re: 426 Harbor Island Drive, Newport Beach, CA 92660 In connection with the above referenced escrow, we enclose the following: Signed pier transfer forms. If you have any questions or need anything further, please do not hesitate to call. Sincerely, Mariners Escrow CoToration Brian ox oft Escrow Officer PI- Jan 19 2005 21:07 P.03 f..;;p _ 4. HARBOR PERMIT ` xS ' = TRANSFER �4..� APPLICATION ' ..� 829 Harbor Island Drive Newport Beach C.A. 92660 **Date of Appllcaton: g z --g . d Permit Number: 200�-Z�o **Property Address: 4-239 fi4 Did **3uyer's .Names: C. Lynn Burnett. 1300 Bristol stxeet North, Suite 200 Billing Address: New ort Beach, CA 92660 Telephone No.: (949) 475-4125 FAx (949) 475-4135 Buyer's Signatures; **Sellers Names: Seller's Signatures: JbEnt' Owher Signature:' *'Escrow Company:.. & =tMOV4 ' "Address WT D - **Escrow Number: � rbZ "I Closing Date (Estimate): * *STARRED ITEMS MUST DE COMPLETE TO'DEOIN THE PROCESS. if Inspection Date:" D Reinspection Date: t f� Fee Maid: _�� Check No: Application Complete: Harbor Resources Signatureloate Special Conditions: This parmit is revocable by the City Coancif in accordance with Title 17 of the Newport Beach MunIclpal Code. Jan 19 2005 21:07 P.02 HARB OR PERMIT TRANS -PER A.r PLICA.TTON `'1 829 Harbor Island Drive r .. Newport Beach, GAS. 92664 "*date of Applicatona 23 ermit Number: "Property Address: 1141- "Buyer's dames - Billing. Address - Telephone No.,: Buyer's Signatures: "Seller's Names: Seller's Signatures: Joint Owner Signature: **Escrow Company: '" Address ' (� "Escrow Number,, elz,- �% - "Fax Closing Date (Estimate): r ""STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. ' drr`�����r���rrw,�r��:.�¢r..�,�..�i��:�v�a►�r.+,�a�����sr�n++rr+�������r. Inspection ®ate: ��/� Reinspection Date: l� V, of Fee Paid: Check No-, + Ap licationa Com lute: Harbor resources Signature/pate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach lldunicipal Code. U c� Date of Applicaton: Property Address: Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures: Seller's Name; Seller's Signature! HARBOR PERMIT TRANSFER APPLICATION Y//'� 'Permit Number: ° Joint Owner Signature: A/A Escrow Company f `012, Sl 7-C Address`1'%-19,5--C Escrow Number: ,,9� - q -3'76-S- Fax #: 76C)-773 -y Closing Date ,(Estimate): �/ I I q F0 4 Inspection Date: I /-7 v Fee Amount: - � 7 Date Paid: Application Complete: Reinspection Date: Harbor Check Number: Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. N 0 FORESITE ESCROW, INC. 41-995 BOARDWALK, SUITE G-2 PALM DESERT, CA 92211-5110 (760) 773-5333 FAX (760) 773-9289 July 1, 2004 City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Re: Escrow No. 2-43755 Property Address: 426 Harbor Island Drive, Newport Beach, CA 92660 Your Reference: Enclosed you will find a completed Harbor Permit Transfer Application along with a check in the amount of $397.00 for the above referenced property. ` The estimated close of escrow date is August 18, 2004. We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone mumber(s) referenced above. Foresite Escrow, Inc. )Jjo'e&neK.-e Diener Escrow Officer ss July 28, 2004 Freedom Escrow Fax 760-773-9289 CITY OF NEWPORT BEACH 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Re: Pier Permit #200-426 426 Harbor Island Drive Escrow # 2-43755 Dear Sirs: The pier has been found to meet City standard and the permit will be transferred into the buyer's name. Thanks for your help. If you require further assistance in this matter, please call 644-3034. Sincerely, Lome Aroese Lorrie Arcese Harbor Resources Division INSPECTION FORM Harbor Resources Department Date: 7 /� /0 c/ Inspection Requested By: i S Inspector: Don Duffy Pier Address:' Pier Transfer Reinspection '7/� r� f© GFI Present Yes Need None Needed Yes eed Anti -Siphon / Backflow Present Other Comments � y-- PO Eelgrass f Yes No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description _CF Number Location on Dock Comments / Observations Other Request Oct 1 2004 3:14 P.03 = _ �HARBOR PERAHT TRANSFER APPLICAHC» 829 Harbor Island Drive n . Newport Beach, CA 92660 k **Date of Applicaton: $ Z3 -Opermit Number: 2 OA-Z(o -- **Property. Address: WjW WC, **Buyer's Names: . c. Lynn Burnett 1300 Bristol Street North, Suite 200 Billing Address:., Ne ort: Beach, CA 92660 Telephone No.: {949} 475-4125 FAX (949) 475-4135 Buyer's Signatures: "*Seller's Names: Seller's. Signatures: Joint Owner .Signature: **Escrow Com pany: "Address' **Escrow Number: Closing Date (Estimate): **STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Pdnspectjon ®ate: Fee Paid: •4 Application Complete: .. 6 Reinspection Gate: Check No- Re o_ e Resources SignaturelDate Special Conditions: This panni# is revocable by the City Council in accordance whir Title 17 of the Newport Beach MUNCipal GOde. Oct 1 2004 3:13 HARBOR PER.,ZVVT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton4 93 ermit Number: Z1J0-��(� **Property Address:C/ . "Buyer's Names: Billing Address; Telephone No.: Buyer's Signatures; "*Seller's Names: Seller's Signatures: Joint Cwner'Signature; P. 02 "Escrow Company- "Address �l�t Cxltt`I'�i(e„ilt�'i iso2b% **Escrow Nurnbero r D M **Fax #LLqjq�,jeLj-- 5D}p Closing Date (Estimate): 'STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. �i:+wrr�a��+�.�.�r.+�+�a��++r+�►�.�+:.�rra��+.r+��r.isr��l.�.s�s.w oa��+. � Inspection Date: Reinspection Date: c� j prrtl Fee Paid; - Check No: ! Application Complete : Harbor Resources SignaturrelDate Special Conditions_ This permit is revocable by the City Council I n accornance with Title 17 of the Newport Beach Wn,cipal Code. ❑l July 7, 2004 CITY OF NEWPORT BEACH Harbor Resources 829 Harbor island Drive, Newport Beach, CA 92659 P 949-644-3034/Fax 949-723-0589 Foresite Escrow, Inc. Fax #760-773-9289 Re: Permit # 200-426 426 Harbor Island Drive Escrow # Dear Sirs: The dock was inspected by the Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re- inspected: 1. It needs a GFI, ground fault interrupter on the electrical line to the dock. The Newport Beach City Council Harbor Permit Policies state: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." Also, please inform the buyer that it was noticed that the bottom portion of the gangway is spongy and needs to be replaced in the near further. This will not hold up the transfer. The buyers name is not printed on the application and the signature is unreadable, please advise me of the name and I will fill it in. Call 644-3034 to request a reinspection. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, (_orr%e Aroese Lorrie Arcese m CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 August 9, 1990 Western Mutual Escrow 2244 W> Coast Highway, Ste 200 Newprt Beach, cA 92663 Attn: Linda, Escrow 3255 Sirs: Regarding a pier permit transfer for the property located at 426 Harbor Island Drive, Newport Beach, City Pier Permit No. 200- 426: The structure was inspected on August 8, 1990, at which time it was determined that it conforms to City standards. When we have received the pier transfer card, signed by both the previous owner and the new owner, and the .$275 transfer fee, we will transfer the pier permit. Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach STATUS SHEET HARBOR PERMITS TRANSFER Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) --___-.- Date Orange County Notified (if applicable). Date Transfer Completed 1. Location: Ot& 2. Plumbing:—, 3. Electrical:_ 4. Structural: 4P?L_®.–. -- REMARKS: Inspector's Initials is f, DETACH AND RETAIN .THIS STATEMENT CODs ORDER NO - THE ATTACHED CHECK IS IN PAYMENT OF ITEMS .DESCRIBED E.._ �W. WESTERN MUTUAL ESCROW SERVICES IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. 2244 W. COAST. HWY., .STE. 200 DELUXE FORM WVO-4 V-2 NEWPORT BEACH, CA, 92663 DATE DESCRIPTION AMOUNT 10-16-90 MONEY DUEYOU FOR A PIER PERMIT AT THE CLOSE OF ESCROW **275.00** RE: PERMIT NO. 200-426 ADDRESS: 426 HARBOR ISLAND DRIVE,.NEWPORT BEACH, CA OUR ESCROW NO. 3255 _ RE:: SELLER/S!3MO'N4INES BUYER: FARGO BUYERS' NAME(S),,. ADDRESS OF FACILITY. PERMIT # MAILIN DDRESS � J ,) - ••. «r F!E TEL live NO, a'" I CHECK NO. I DATE APPROVED BY: DATE AP'p1ICAT10N IS KgREBY MKDL �'0 TRANSFER HARBOR PERMIT r ENG �. SELLERS' NAME4S) BU ERS�NAME S)"' (ABOVE NAMES TO BE TYPED) COUNCIL PUBLIC WORKS SIGNATURry EOF SELLSIGNATURE OFBUYER ESCROW , 1 SIGNATUghE OF SELLER SIGNATURE OF BUYER ❑ , INSPECTION ' '''�+ E+ r- - c SIGNATURE OF-JOINT OWNER "" APPLICATION APPROVED ,:(DATE) ❑ + CITYHARBOR.COORDIIIATOR OF THE MUNICIPAL CODE., OF THE MU NDIPAL C THIS PERMIT 1S REVOCABCE^BY THE CITY COUNCIL IN ACCORDANCE WITH. TITLE.Y 7 x � ' CITY OF NEWPORT BEACH, CALIF. - WX.-FORM 69.1013 REV. . I PO v - z cq�e Fo V, CITY OF NEWPORT p.' • +8/17/87 Residential Escrow 1470 Jamboree Road Newport Beach, CA 92660 Attn: Jan, Escrow 9411 MS Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 200-426 for the property located at 426 Harbor Island Drive, Newport Beach, California. The structure was inspected on 8/17/87 _ at which time it was determined that the following deficiencies exist: 1. A City-spproved anti -syphon device is required at the water 2. connection to the pier and float. 3. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected......", it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please contact me at 644-3044. Thank you for your cooperation. Sincerely, Tony Mel m, Tidelands Administrator City Hall - 3300 Newport Boulevard, Newport Beach, California 92663 I k P CITY OF NEWPORT EAC P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c�� P September 21, 1987 Residential Escrow 1470 Jamboree Road Newport Beach, CA 92660E Attn: Teresa, Escrow 10045 Re: Harbor Permit 200-426 for the property at 426 Harbor Island Road Sirs; The pier and float at the above address have been inspected on 9/14/87 and the requirements of the City- in regard to electrical and plumbing installations on the facility have been met. Sincerely TonyMe 7 Tidelan s Administrator 3300 Newport Boulevard, Newport Beach STATUS SHEET HAR80R PERMIT TRANSFER LOCATION -�-A PERMIT N0. Seller — Buyer_-^ Date Application Received: Date Fee Received:�'�= —� a Request for Inspection made by: Escrow Co. Bate Escrow 0ffice.r Escrow No. ` lC _.®.�alit. Address Phene: - �-- Date Inspection made: `�r Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 2. Location . 2. Plumbing: 4. Structural: 5.OTHER• REMARKS: Inspected:by:. March 16, 1981 Kelsey Peterson, M.D. 18800 Main Street Huntington Beach, CA Dear Dr. Peterson: In order for the City of Newport Beach to complete the transfer of your pier at 426 Harbor Island Drive, it will be necessary for you to sign the enclosed application for transfer. Please sign on the line indicated as '.'Signature of Buyer". Please return the application to the Marine Department. Yours truly, Tony 0 Mel Tideldn s Administrator TM:db City hall - 3300 Newport Boulevard, Newport Beach, Callf'Ornia 92663 4A c�t� F®RN`P March 15, 1977 Mr. Raymond Nemec 426 Harbor Island Drive Newport Beach, CA 92660 Dear Mr. Nemec: Enclosed is a Pier Transfer Application for your signature. In order for us to complete the transfer of the property located at 426 Harbor Island Drive, the card must be signed and returned to our office. The Irvine Pacific Company has forwarded the fee to our office. However, there is an annual Pier Administration fee of $10.00 that remains to be paid. The fee was due and payable March 1 and will be deliquent April 1. Since you are being notified late I will waive the deliquent fee if you cannot make the payment before April 1. If you have any questions, please call me at 640-2156. Sincerely, Gl Welden Tidelands Administrator Marine Department GEW:ll Enclosure €�:;; ENG �`1 �.n�w L I i IV I il c t c c C o i 0 coriticx Drivo CA CIO n, 4'. i al -le, n: Uldi e -I i ,, 1 '97 75)-44 7 75-49), ihave b0cn V, lodacLor� iad tii-o of formis for 1',»Po1^tlwj Of 6,13) tri L Gico of illuLhor n r; r fo r c i I IS 'W,,T VALID WTIL SIGUED OY TK Qlsma`0141 STATUS SHEET HARBOR PERMITS LOCATION 20 —4z e,=, /j /at,42 r -New Revision Dredging Dare Rec'v 7 Fee Amt.%S�� o. Fee Processed - ..m Date Reviewed by M.S.D. ^® " Approvedl- --11 Denied Correction Req'd. - Desc. City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC (SARWQCD J.H.C. Or.Co. T.I.C. 1. Application---Z�>i° � /7_4,7,,`" 2. Consent Letter 3. "Waste" Letter 5, 4. Drawings 5. Staff Report 6. 7. 8. REMARKS 4414,0 rl,- Ora. 6 7 L" X wo-er Arrrr 1 INITY 51<E V TCH Nawpo#7r 5^y,-, c^i. ircaN(A S'o U'l dt mp 5O,e eApl-Cr5ec1 rr7 foci C>ncr, denotec cyrp IA 5 blow low 14,!-o,7 larver, Low V,/orfer. rc7l?57e Or ?inc /0 are esioblt'shec` in fh.s -,5cc)4,o,, A.. 14�(,wvr� [),f r�,xayvmr 6-o- 1-7G()CA- GOT VA IT'"' tS 4414,0 rl,- Ora. 6 7 L" X wo-er Arrrr 1 INITY 51<E V TCH Nawpo#7r 5^y,-, c^i. ircaN(A S'o U'l dt mp 5O,e eApl-Cr5ec1 rr7 foci C>ncr, denotec cyrp IA 5 blow low 14,!-o,7 larver, Low V,/orfer. rc7l?57e Or ?inc /0 are esioblt'shec` in fh.s -,5cc)4,o,, A.. 14�(,wvr� [),f r�,xayvmr 6-o- 1-7G()CA- GOT n. That the permittee shall notify the District Engineer at iiihat ime the activity -au-Morized herein will 6e commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. -- o. That if the activity authorized herein is not stated on or before 31st day of December , 19_7_E_ (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or.before 11 ct day of _DpCeMber , 19_7_8_ (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire.. p. TKat no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. q. That if the display of lights and signals on any structure 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. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and condition of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the,structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure 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 any such damage. -a ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee,upon receipt of a notice of revocation of this permit or upon its 'expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee.. �---�' .3 MAIAITE e s mairatewaace dcedgiwg; it may he peFfer-Fned under.-.this-permit-forunless ethewvise indieetedY,-end"-(2)T+rdt-the Permittee .he e y accepts and agr o omply with the terms and condition this permit. PERMITTEE DATE BY UTHORITY OF THE SECRETARY OF THE ARMY: 11 June 1975. COL, CE DATE DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE t rs Cq�1; ORNEA COASTAL ZONE CONSERVATION COe'1�+M�SS60N SOUTH COAST REGIONAL COMMISSION EC•i ` r 666 E. OCEAN BOULEVARD, SUITE 3107 DevD1;" meat P.O. BOX 1450 j LONG BEACH, CALIFORNIA 90801 JUN 6 JQ75—y (213) 436-4201 (714) 846-0648 RESOLUTION OF APPROVAL AND PERMIT 1, cI v c GA .0 Application Number: N e of Applicant: P-3-20-7 5-4901 am Irvine Pacific Development Co. 610 Newport Center Dr.., Newport Beach 92663 Permit Type: Standard 0 Emergency 426 & 420 Harbor Island Dr. , 601, 607, 645, Development Location: . 657 & 707 Bayside Dr., Newport Beach Development Description:. Construction of 7 boat slips and access ramps with some to have cantilevered patio decks. Commission Resolution: i. The South Coast Conservation Commission finds that the proposed development: A. Will not have a substantial adverse environmental or ecolog- ical effect. B. is consistent with, the findings and declarations set forth in Public Resources Code Sections '27001 and 27302• C. is subject to the following other resultant statutory pro- visions and policies: Citv of Newport Beach ordinances. D. Is consistent with the aforesaid other statutory provisions and policies in that: approval in concept has been issued. E. The following language and/or drawings. clarify and/or facil- itate carrying out the intent of the South Coast Regional Zone Conservation Commission: lot plan and approval in concept. application, site map, p , 19, 1975 II. Whereas, at a public hearing held on May date at Long Beach by a unanimous, tW, ^ vote here - (10 cation P-3=20-7 5-1901 by approves the application for Permit Number pursuant to ,the California Coastal Zone Conservation Act of 1972, subject to the following conditions imposed pursuant to the Public Resources Codes Sectio7k 3 That there be maintained . arestriction of ."No -Live -Aboard III. Said terms and conditions shall .be'perpetual and bind all future owners and possessors of the property or any part thereof unless otherwise specified herein. IV. The grant of this permit is further .made subject to the following: A. That this permit shall not become effective until the attached verification of permit has been returned to the South Coast Regional Conservation Commission,.upon which copy all permittees have acknowledged that they have. -received a copy of the permit and understood its contents. Said acknowledgment should be returned within ten working days.following issuance of this permit. B. That said development is to be commenced on or before 360 days from effective date of issuance. V. Therefore, said Permit .(.Standard, =- ) No. P-3-20-7 5-x-901 is hereby granted for the above described development only, sub- ject to the above conditions and subject to all terms and pro- visions of the Resolution of Approval by the South Coast Regional Conservation Commission. VI. Executed at Long Beach, California on behalf of the South Coast. Regional. Conservation Commission on June 3 , 1975 M.J . Carpenter Executive Director 2474 .wk 4o' 410- � 6 ways, nmaP Ar0 riri ty Lr dei6�dJd � q. c 2 1C? M € TY SKETCH N a wposm 5^y C^4 tF tHJZ .tsA a ferry ye t + 510CrraC1ersJs75 --o eA,,-rCjr$eaa'' rn {a�s�' 0,701 &.�,yojle eA$ b tlCIW IWC017 I-O MV ►r Lab✓ i.✓c7>��r MJs k AOW<1r" !-0s2,5te 0/' iidam Ct�*�rr,Aroval�wrl�' Pf7 ��GY. .dr'&ncc.- lii9e`S C arm c �taiaJr' tr e� `;, 70(h;3 : secle0,7 o/'A/--www -5, mll�4 ,r ti$tL. a - A4010leelfs 7-AP-407- 16U70l< Or P,4WV RYA t'61 77,44 A/ PW 7�,r Application No. 75-43 _ Name of Applicant Irvine Pacific CO. Effective Date 11 June 1975 Expiration Date (If applicable) 31 December 1978 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 7 March 1975 for a permit to: ( X ) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); !(—T—Discharge dredged or fill material into navigable waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine. Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); Irvine Pacific Company (Here insert the full name and address of the permitteel 610 Newport Center Drive Newport Beach, CA 92663 is hereby authorized by the Secretary of the Army: to construct and install a ramp, dPrL and kr%n+ c l i n canti l ever (Here describe the proposed structure or activity, and its intendeduse. In the case of an application for a fill permit, describe the structures, if any, proposed to be, erected on the fill. In the case of an application for the discharge of dredged or fill material into navigable waters or the transportation for discharge in ocean waters of dredged material, describe the type: and quantity of material to be discharged.) _= Promontory Bay, Newport Bay, Pacific (Here to be named the ocean, river, harbor, or waterway --O c—earn— —_- _ —-----......-�- concerned.) at 'tGUbra or Island Drive, Lot 44, Tract -w, (Hereto be named the nearest well-known locality - 3867, City of Newport Beach, County of preferably a town or city -and the distance in miles and Orange, Ca1ifornis " tenths from some definite point in the same, stating whether above or below or giving direction by points of -- compass.) -in accordance with the plans and drawings attached hereto which are incorporated in and made 'part of this perm' (on dra ve file number or other definite identification marks); IRVINE PACIFIC DEVELOPMENT CO. Dated:. 2._ lzsi ct to� ing conditions: - L General Qonditigns: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions ) or 'k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not thk permit has been previously modified, suspended or revoked in whole or in part. ENG fAP1721 EDITION Off- JUNE 1968 IS O,FJSOLETE. 1 S .� A (ER 1145-2-303) ' ^c•ivities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all. cores'sst n` with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and n,eieat:nent standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 fP. c 9')-500;86 Stat. 816), or pursuant to applicable State and local law." c. rnat vO en the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the autha. iced activity shall, if applicable water quality standards are revised or modified during the term of'this permit, be modified, if neresser , to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or uatter, of water quality standards, or as directed by .an implementation plan contained in such revised or modified standards, or witf, n suci, longer. period of time as. the District Engineer, in consultation with the Regional Administrator of the Environmental f'rotect;or, Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make every reasonable effort to prosecute 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. f. 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 permit is in accordance with the terms and conditions prescribed herein. g. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. h. That this 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 or any infringement of 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. L That this 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. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that imm'Aiat suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and ( 1 any corrective or preventative measures to, be taken by the permittee which are deemed necessary by the District Engineer to ab to imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be condukted me pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable tiafter issu nce of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended. or revoked in whole or in part if the Secretary of the Army orhis authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within.the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole -or in part, and/or the Government may, in addition, institute appropriate legal proeeeding5. m. That any modification, suspension, .or revocation of this permit shall not be the basis for any claim for damages against the United States. CITY, � OF NEWPOP4 ®EACH RBOR APPL' XIONNO. r toot 6c.0ri, JrAwp X/ �o 1 Ile Q pr "F o w 'S(/P •vrw�o/rr o*^ P o R � O, s.,�eo� D /dkgNp C", NI s� l v I C , LA I T Y SKETCH wssr ./crr)r N• waoar BAY CAL iFoSZNfA i,1. errr Cgs AlO 5GAC.6 Soundings ore-ApiCssed /n feel OnOo danOY' o'ePlhs below Alco.7 Lorver Low Wo{cr. Morao:iin ron9e of fide oppwx/r»O�e�Y �� �cef f-lorboe 47e5 ore ealob/r'shed in 1'h:5 . secr��o.v of NewPcrf Bh -42 43 0 v 44 Gl 3' x 20 'exp 3x$ .1 piNc� 7� J, --� A-Y ✓ .._ ..ao r3��-s. IVC MPOA G� A r�4C7 BGOCx GDT HARBOR ®AH L SEE A CHED .S} -El `�URUFZZ OF' di@U�94 ACCORDANCE WiTH TM-2 27 OF liif,'Z ! '�':�@� $�:..'o-�'ars� alnw ,..x•�. ,.��,.'�'s..a.. �;x"aJ. ��a;�.' 9�° ,%,,i„-,t;��"{rf�:z�. PERMIT NO. T ` M'p�SD,,,. cis Q° Grange Count pannitoften � c