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HomeMy WebLinkAboutM2011-004610/05/2011 13:41 9496313122 iter LY r0 4TTENTION OF Office of the Chief Regulatory .D:ivision SWIFTSLIPDCCKPIpER i. II DEPARTMENT ,OF THE ARMY LOS ANGELES DISTRICT CORPS OF`LNGINEERS F,O. COX 052411' LOS ANGELES, CALIFORNIA 90gM-2325 Kent V alley c/o Amanda Spooner Swift Slip Dock a„ d Pier Builders,.lno. 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Valley: August 25, 201' 1 Reference is made to your request dated April 21, 2'011 (Pile No. Under the provisitrns of Section l o of the Rivet's and T-iarbors Act of l 403); youu are hereby authorizedto conduct the work described below Newport Harbor within the, city of Newport Beach, Orange County, enclosed drawings. Spedfically, you are authori.zed to conduct the follow ng activi l 1. Remove and replace an•existing 700 square foot IJ -shaped l foul sil.igl.c fin9cr floating dock. replaceTnent. 2. Expand and replace t17.e existing pier, and install two new cc the new pier. The existing gangway will remain in use and 3. Ren7ove three existing concrete pilings, and install three The owner or alithoriZed responsible o,f[iicial. must.sigI and date Permission (J,OP) indicating that lie/she agrees to the work as descr condttio.ns.' Onc of the signed copies of this. Letter nf.Permission in Engineers (a pre -addressed envelope is enclosed). In,addition, plea postcards to notify this office as to the dates of commencement (wi construction) and completion of the.activity (within 10 days f IOW Furthermore, you are hereby advised tltat the Co1ps of rngb.lou Adnrini.strative Appeal Process which .is fully described in. 33 CPR. process is diagrammed in The cncl.osecl Appendix B, ".Chunk you for participating .in our regulatory program. contact me at 2 ) 3-452-3361 or via eqii.ail at TaSon.P..Lanlb PAGE L-2011-00424-TPL). rcb 3, 1899 (33 U.S.C� 1401 Fast Bay Avenue in utornia. as shown on the affccti.ng waters of the docs- 4vith a 587 square "T" piles as a part of to ille modidud p.icr. 14 -inch concrete pilingg. I copies of this Letter of :d and will comply with all : be ren med to the Corps of use the two attached a 10 days prior to the start of the end of constructiuj I). has established ml. 331. T11e, complete appeal any questions, please inv,mil. 10/05/2011 13:41 9496313122 SWIFTSLIPDOCKPIER PAGE 02/02 I. SWIFT SLIP DOCK & PIER BUILDERS, INC. 2027 PL40ENTIA AVENUE COSTA MESA,A 92627 (949) 631.3121 PHONE (949) 631-31.22 FAX EMAIL: amanda.swiftSli0(@sbcalch I_net w+n w..gv0ftslipd0Cks cam 1 Adam Fisher California Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re_ Boat Dock & Pile Replacement Dear Mr., Fischer: We are acting as agents for the applicant listed below. This Is otiflcatlon that we intend to replace the boat dock and pile at the address referenced below. It is our intention to comply with all Regional Water Quality Control Board requirements. 'Ale will not discharge vessel waste of any kind or adversely impact water quality at this location, 1. Applicant Name: Kent Valley I 2, Project Address: 1401 E. Bay, Newport Bea4' Ca. 92661 3. Applicant Phone: (662)631-1115 I. 4. Parcel Number: 048-181-25 5. Scope of Work: Remove u -shaped dock ands replace with a single finger dock. Install three new 14" guide piles for the dock a�d install two new 14" thick concrete T piles for the pier. The gangway and other piles will remain the sante, 6. Lamude/Longitude: N. 33.35.58.47 W,117�63.29i88 7. Applicable Fees: Enclosed is a Check for the application fee of $77.00. 8. Statement: This notice is being submitte according to Regional Board General Certification for sheet and dock pile re ,lacement, issued on September 29, 2005, 9. Statement: The information in this noti� 1. is complete and -accurate. Please contact our office if you should have any questions. Very truly yours, Amanda Spooner Permit Division STATE OF CALIFORNIA --NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceangate, 10th Floor LONG BEACH, CA 90002-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov Mr. Kent Valley 1401 E. Bay Ave. Newport Beach, CA 62663 Date: August 18, 2011 5-11-117 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on June 23, 2011 and was reported to the Commission on Thursday, July 14, 2011 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director 6By: LILIANA ROMAN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock/Pier Builders, Attn: Peter Swift C(l CALIFORNIA COASTAL COMMISSION 0 In LJ 2027 Placentia Avenue, Costa Mesa, California 9262 C CITY OF NEWPOR :..BERCH CITY OF NEWPORT BERCH PRciric OCERN YMNITY MRP HOF= arc, oiIFMO South Coast District QUice APPPOVF.T) Permit No . _ -,(y I ----- By: _n_! __ By:O-------- E /IV PL'K M BBY � ki . EFST JETTY /NST/aLL 3 -leo � PlL/NG CX/ST. P/G2 GW/aY� f12 Tr—_ o.o / CM;77 E07T0/,-� / w PROFILE 1' = 40' IoR-int u. S• Flc-z1-/L-Ap LA IL= O L�U�S. 6LK�D L/NL 2 I I 3 4 C�LocK IBJ � 3���\e LAST C�Ay .�l/C. ° P -P -t.. GRAOR INSecylaiV Eelgrass within of p O*t -1 Eelg thin 5 0 Ot prp)ect Z �i 'LFA'gra s i p ect rea `�� signatUrc [,LOCA 23 � r I I I Irov Inspection to&Tlm Cr ARBOR ESOURCES DIV r ITY OF NEWPORT BEACH VIEN 1' = 40' 'S NAME ' �r=�� .,.... I JOB RDmns /40/ G4.5% goy AVL I 1R. Oct -10-2011 10:22am from -MAJESTIC j 562-685-2328 T-256 P-002/003 F-251 April 19, 2011 ProperryAdUrC�. 1401 F. e With reference to the plans reconfigure or modify the c effect: 1. The project proponent i 17 Of the City of Newpun 61 above referenced structure(; 2, Any future work on th Newport Beach and any c cosmetic in nature does not 3. The conditions set for bulkhead under considerati andior bulkhead may requir These conditions supersede 4_ Only marine oriented u furniture, plants etc --- are not 5, in accordance with M1 proper permits for equipme section, no person shall u! property for the purpose of any other commercial purpc for the purpose of selling, other commercial purposes equipment or material prow the storage is consistent Witt 6. The project shall be imp Land Use Plan. J D3—ivy I HARBOR RESOURCES DIVISION 829 Horbor Island Drive Newport Beach, CA 92660 949) 644-30314 / Fax (949) 7230589 Special Conditions Ave. antly under consideration at the above referenced address to system or bulkhead, the .following conditions will now he in aware of the arbor Permit Policies (Council Policy H-1) and Title ich Municipal 'HCode. The project proponem understands that the is under the purview of these Policies and Codes_ above mentioned strueture(a) rcquires permits with the City of ter applicable agencies. Painting and work considered to be ;quire a permit. in this doctyment pertain to the proposed dock system andlor ,1. Any future modifications or atteradons to the dock system new conditians which may override or change these conditions. .11 past conditions associated with this property. :s are allowed on the pier, pier platform, gangway and float_ Patio iioipat Code 10.08.030 A_ the project proponent spall obtain the t and materials storage. -Except as otherwise provided In this 9 any public street, sidewalk, alley or parkway or other public toting or displaying any equipment, materials or merchandise, or e. B, Public streets, sidewalks, alleys, or parkways may be used bring, or displaying any equipment, material, merchandise or for 1 the following cases! ...For the temporary storage of construction ,d a permit is issued pursuant to Chapter 12.62 of this Coo and provisions of the Uniform Building Code :mented in conformance with the vocal Coastal Program - Coastal Page 1 of 2 ZO/TO 39vd 831dA000dT1SiAIMS ZZTET.E9606 6b:ET TTOZ/813/OT oct-10-2911 10:22im From -MAJESTIC 562 606 2328 1-266 P.003/003 P-251 7. In accordance with Municipal Code 10,28.040 the following noise regulations apply "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting. plastering or, any other related building activity, operate any tool, equipment or machinc in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitip who works or resides in the vicinity, an any weekday except between the hours of sev n a.m. and six -thirty p.m.., nor on any Saturday except between the hours of eight a.m. and srj p,m, B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, liggino, grading, demolition, painting, plastering or any other related buiiding activity, operateny tool, equipment or machine in a manner which produces loud noise that disturbs, or coin disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or pny federal holiday." 8. Your side property liras extend in the water along their same bearing. Vessels shall not encroach upon the 7ighbor'a property, on either side. 9. Vessels may not ext-nd beyond the end of the fingers by more than the width of Its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float l5 17-- 11. The maximum beam o a vessel That is permitted to side -fie to the easternmost side of the 'Float i* Lisa W Iters, Hamot Reso�rces Date Applicant igna re Print Name Date .joint Fier Applicant SignaT�re (if applicable) Print Name Date I 1 E I Page 2 Cf 2 1 ZO/ZO 39vd d31d>000dI7SiA1MS ZETETE96b6 6b :ET TT9Z/89/0T 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 U-shaped dock. Install new dock, pier & 3 -piles. Use existing an wa . Install 2-7" pile on pier. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be sianed by applicant prior to final approval. IProperty Address: 1401 E. Bay Ave. I Legal Description: Harbor Permit Number: 109-1401 Plan Check Number: 0512-2011 Applicant: Kent & Virginia Valley Applicant's Mailing Address: 1401 E. Bay Ave., Newport Beach, CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Paye 1 of 2 And find )6. 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: 1K Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. rs, Harbor Resources April 19, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for Building Combo Permit Application >oR City of Newport Beach - Building Depart �W� RESOURCES �i"[ Please print 3 copies R Gill CES ` n �/ `pP �jp BEA ��4M1' Building ("" Grading 'Drainage r"":Elec ( M y�PQICt DEit 1. project Address (Not mailing address) nor _ /Ite No 4 if Applicable) #Units (if Residential) Tenant Name ( I ......................�.:.i.-n,\`•..�`.�.�.........�.... 2. Description of Work Use _X Ynp Valuation $ Exist House SF Demo House SF Add/Reconstruct House SF ' .............y .......... Exist Gar SFDemo Garaga SF Add/Reconstruct Garage SF # Stories ....._.........-.. .....�.i d Cut New Add Alter TOTAL HOUSE SF Cu Y Demo �•`--•���-���•--i TOTAL GARAGE SFu--®.Y._®�®.-® Cu Yd Fill I i 3. Owner's Name Last .......1 ...:.11��� ........... First Owner's Address City State Owner's E-mail Address ......... _ ........ ....: Zip TelephoneC�v, E 4. Architect/Designer's Name Last t ,.a�c:�' ..� First Lic. No. ArchitecUDesignees Address City State Architect/Designer's E-mail Address Zip mm Telephoned F-,,'6. Contractor's Name Last) Contractor's Address City 1..... ` Y ' ......................... - State C, ...,.... OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1/18/07 ELEC/MECH/PLUM P/C First I (� A Lic. No. �nn ,� �' Class f .................... ".3.................. Contractor's E-mail Address E7771 .... „ ..... .................... .... Zip IA Telephone Q70 `Z PERMIT NO. PLAN CHECK NO.7H PLAN CHECK FEE $ 1 g9-0 � C90 CITY OF NEWP®R! BEHC 9 CITY OF NEWPORT BEACH r�T O CH P/c.2H5,e*o L/.vc L//-/1: 7 /NS74LL 3-12 P/L/NG - 010 PACIFIC OCEPod YICINITY MRP WfORT HM, OiIFM4R cx/sr, aOTreM I] ETTY JPROFILE 1' = 40' EAST JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. 2 NL -:-w JZ 0 / 33' FIL 11 -JG U.S. P/z�-,04Z-:-:4V L/NE f �o �II 2II 3 4 S I I L3 L n CK /j CAI SIT 6,4Y ,AVL , .M - / 2 3 4 I S "L3--EL-o CK 33 PLAN VIEW 1' = 40' RPPLICANT'S NAME 41.ff--!= L/JGL/SN JOB ADDRESS 1401 C=AST 9,4Y Ali(= DRTE 7.2, 97 I 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 .... ....... EL GRASS NSPECTION ass within 15 of project ass within. 15 30' of project . eig s In pr ect a ea Sign tura'.i fi 1 Inspection ate & a "d-7 h'C.'./y� / + r O rL - t 7 I 1 F HARBOR RESOURCES DIV, CITY O.NEWPORT BEACHje ` o. . - DOCK & PIER t srrrrnizRs_ nvr- 4 CITY OF NEWPORT SERCH CITY OF PRcl.- Ic OCERiV VICINITYARP www aw, aura F111, v\K PROFILE 11 = 40' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVRTIONS BASED ON MEAN L%U LOW WATER. U.S.yti w M 1 Z- cl; C— v�, EEL GRASS �ISPECTICIN Eelgras, I project 30'of prof E3 Eelgrass �i� <'No-Einr\,,,,ojg a a 3 clare SL ock aPPL1CANT'S NRME... I�• 4 5 N M VRBOR RESOURCES DIV, CITY Q"EWPORT BEA�g kk--, t k \rCc� ( I w idj, AN V I EW 1' = 40' 1�1 March 2, 2011 To: Pete Swift Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 2726 Shelter Island f'i San Diego A 92106 Re: Preliminary Eelgrass and Caulerpa Survey, Kent Valley Residence, 1401 E. Bay Ave., Newport Beach, CA, #3840 Dear Mr. Swift, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for a dock replacement project at 1401 E. Bay Ave., Newport Beach. No Caulerpa was observed, and no eelgrass was present in the general vicinity of the project area. We do not foresee any impacts to eelgrass during or after dock construction. This Preliminary Eelgrass report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, utj Kira Withy -Allen & Richard Mann WSSI Environmental Consulting 2726 Shelter Island Dr. San Diego, CA 92106 800-818-1020 Office Kent Valley Residence 1401 E Bay Ave Newport Beach, California Pete Swift Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Prepared 2 March 2011 M WSSI Environmental Consulting Kira Withy -Allen Survey Assistance .By Kelly Tait r Introduction The homeowner at 1401 E Bay Ave has proposed to replace the u -shaped dock with a single - finger dock. This new configuration will require three new 14" guide piles for the dock and two new 14" thick concrete T piles for the pier. The gangway, and other piles will remain the same. This survey was conducted to determine the presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the vicinity of the property lines. Please refer to additional documents submitted by Swift Slips for more information regarding the proposed dock. a ues ROM CUAWIFIr a t SCM19 IFU mbi ' xCa ewo - MiA44yadUYp•;..__. 41�t`dUty__..... sam,� o =�_..T._._.�. teTitamF MwiSimtimr irrviinro-r.nk..2s ENVIRONMENTAL CONSULTING S 1 2,726 Shelter Island Dr. San San Diego CA 92106 Results No eelgrass (Zostera marina) nor Caulerpa sp. was observed in the surveyed area (see the attached Caulerpa Survey Reporting Form). These results are comparable to the Newport Bay mapping survey (Figure 3). It was sunny and in the mid 60s OF, the water temperature was approximately 61 OF. The bay floor was silty. Fauna observed included round rays, barnacles, and mussels. Dominant flora included filamentous ulva and brown algae. The water depth ranged from 0 ft near the beach and below the pier to 8.6 ft MLLW by the channel. Depth adjustments based on local tide information: Discussion The absence of eelgrass was not unexpected, given the poor light penetration in the vicinity of the area. No impact to eelgrass is expected with the replacement of the existing dock and pile. �:e h�Yu �','.. _ .'ep��S Y �� Ni dd'. ;�' lox.... lF .... 1 WIS IS ENVIRONMENTAL CONSULTING 1 2726 Shelter Island Dr. San San Diego CA 92106 (800) 236-0013 • (800) 225-9730 (fax) Dock Proposal 02!08/2011 17!43 9496313122 SWIFTSCIPDOCKPdER PAGE 0'3!03 20'27 1'lac:entla Pave.nu-e, GoSta. Mesa. Gailfprnia 92:627'. (949)' :631 ,$I?1 F -ax (9'49) 631-'3722 1- rk' LE," I' Y'S M• ' ...� d ' L ' __ �--ice—I ..I_ .,F�.. t �:�L, 477 € a. J, e lir ! J. I ; t eli�l4 1. i i { l• I� f I i I ;Bt1iT,D�ItS, ANC , 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 Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 2 March 2011 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 1401 E Bay Ave, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.599918 Lat accuracy level, and an W 117.89160 Long electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen & Kelly Tait, above): (name, phone, kirawithyallen@wssica.com e-mail) Permit Reference: pending (ACOS Permit No., RW CB Order or Cert. No. Is this the first or second First survey survey for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. Description of Permitted Work: The u -shaped dock will be replaced with a single - (describe briefly the work to finger dock. This new configuration will require be conducted at the site under the permits identified above) three new 14" guide piles for the dock and two ne 14" thick concrete T piles for the pier. The gangway and other piles will remain the same. Description of Site: Depth range. _ (describe the physical and Substrate type., silty sand 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 Temperature: 61 de2 F Salinity: —aaLt- water Dominant flora: Filamentous ulva, brown algae information). Dominant fauna: Round rays, barnacles, mussels Exotic species encountered none (including any other Caulerpa species): Other site description notes. none Description of Survey Effort: Survey date and timeperiod.- 1 March 2011 1100-1200 hr Horizontal visibility in water: 4 feet (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey Survey type and methods: Two divers conducting belt methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Survey personnel: Kira Withy -Allen & Kelly Tait Describe any limitations encountered during the survey efforts. Survey density. 75% Survey limitations. none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) CITY OF NEWPORT BEACH BUILDING DEPARTMENT P.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3288 �t TARGET DATE. Dates/ `�13 OPlan Check No. Permit NoQJ12-'2-0( Received 4;W1 I M,4 P i lel Z� 1---" Received from Job Ad . ress Building Plan Check ....................................... Harbor Resource Plan Check (Building)........ Zoning Plan Check ........................................ Grading Plan Check ...................................... Fire Plan Check ............................................. Electrical Plan Check ..................................... Plumbing Plan Check ..................................... Mechanical Plan Check ................................................. Harbor Resources Plan Check .............. '....... ....... 2900-5002 ....... 2900-4627 ....... 2900-5004 ....... 2330-5055 ....... 2900-4612 .............. 2900-4616 .............. 2900-4618 .............. 2370-4654 Overtime Plan Check - Building.......................................................2900-5023 Overtime Plan Check - Grading.......................................................2900-5004 Overtime Plan Check - Planning......................................................2700-5003 Preliminary Code Compliance Review.............................................2900-5002 Reinspection B E M P/Special Inspection........................................2900-5008 Reinspection Fire.............................................................................2330-5050 Temporary Certificate of Occupancy ...............................................2900-5008 Underground Utilities Waiver .................................................. ......... 010-2225 Energy Compliance.........................................................................2900-5017 Planning Department Fees..............................................................2700-5000 Sale of Maps & Publications (Planning) ....................................... .... 2700-5812 Determination of Unreasonable Hardship ........... ............................. 2900-5018 Public Works Plan Check ......................................... `...::::..:..; ........... 5200-5002 Surety Deposits (Refundable) ............................ . .' ... ........020-2201 Records Management Fee (Copies).........;::::.:.:::...............................010-2263 iN Subpoena Fees ... ................. ............................................... ... 2900-5001 $ Other(Specify)...... ........... ............................................................... $ TOTAL FEES 00 For Plan Check status log on to: www.city.newport-beach.ca.us/building, ' L�ryt j select On -Line Services or call (949) 644-3255 Fee Receipt No. �"` NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (Rf eercpi. 4/15/2009) HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions April 19, 2011 Property Address: 1401 E. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 17'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 8' Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 O�4WPOS September 8, 2010 Mariners Escrow Corp Fax# 949.729.0190 Re: Pier Permit #109-1401 1401 E. Bay Ave. Escrow # 39631 -DJ Dear Mariners Escrow, CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 PRE X. E IF; ID The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, b/ la WQ&V Lisa Walters Harbor Resources Division HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: 5/19 I 10 Permit Number: I ta1-140 I **Property Address: 1401 E. 80U AVEMLLE 1\IEWPal2-r 8�, rA. GaLo1Q I **Buyer's Names: KENT �yt(ZGI w R V'pLuEU Billing Address: CUL 0 F I (QC H t 2VI(Q CA- 612(�b3 I� Telephone No.: $(o 2- - (o 3 (-LII 5 cott 349 - Y,54- 7fs5� �l m Buyer's Signatures: **Seller's Names: (-OPJSOts ENG.L.ISN .:N-, Seller's Signatures: Joint Owner Signature: **Escrow Company: Mariners Escrow Corp. Phone#949-721-6485 **Address 1100 Newport Center Drive #200, Newport Beach, CA 92660 **Escrow Number: 370(J - n,I- **Fax #: 949-729-0190 Closing Date (Estimate): gE i uleEnl t0/091 tb a ll / S 1C7 * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: 9 IIE)JID Reinspection Date: Fee Paid: �41R Check No: 5! (e2i`o4 Application Complete: '7 ( t -O -LS; Har or Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of the Newport Beach Municipal Code. HA -RB OR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: 5/t9 I I C1 Permit Number: **Property Address: 1401 t . 30AVENUE NEWPOP-T F�ACR (,A • gaLQLQ I **Buyer's Names: Le � Vi12G1 t.(I N you, E-H Billing Address: Telephone No.: Buyer's Signatures: **Seller's Names: (-6t35Ol.A EK Seller's Signatures: Joint Owner Signature: **Escrow Company: Mariners Escrow Corp. Phone#949-721-6485 **Address 1100 Newport Center Drive 01200, Newport Beach, CA 92660 **Escrow Number: 390,3 (- n,T **Fax #: 949-729-0190 Closing Date (Estimate): Bei u6eeN1 kbIa9I 10 � 11 / S 110 * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Complete: Reinspection Date: Check No: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. INSPECTION FORM Harbor Resources Department Date: g I U Inspection Requested By:LC -Ix_ Inspector: �Sw Pier Address: 1401 E. �y Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments "I I c ID, U Reinspection Yes Need None Needed Yes Need 0 m I Eq 0 m Eelgrass Date Time ❑ Eelgrass Within 15' of Project ❑ Eelgrass Within 15' - 30' of Project ❑ No Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request MARINERS ESCROW 1100 NEWPORT CENTER DR. SUITE 200 / NEWPORT BEACH / CA / 92660 / USA T 949.640.6040 1 F949.721,8157 WWW.MARINERSESCROW.COM City of Newport Beach Attn: Harbor Permit Transfer Dept. 829 Harbor Island Drive Newport Beach, CA 92660 Re: 1401 E. Bay Avenue, Newport Beach, CA 92661 In connection with the above referenced escrow, we enclose the following: Original signed Harbor Permit Transfer Application for your file. If you have any questions or need anything further, please do not hesitate to call. Sincerely, MARINERS ESCROW CORPORATION Newport Beach, CA 92660 Date: November 23, 2010 Escrow No.: 39631 -DJ 516264 Date: 8/19/2010 Escrow No. 39631 -DJ (JL) Closed: 10/29/2010 Check Amount $460.00 Payee: City Of Newport Beach -Harbor Dept 829 Harbor Island Drive Newport Beach, CA 92660 Seller: Robson English, Jr., as Trustee of the Robson English Miscellaneous Fee and Alice J. English 1978 Buyer: Kent R. Valley and Virginia K. Valley Property: 1401 E. Bay Avenue, Newport Beach, CA 92661 Ref: Escrow # 39631 -DJ Memo 1: Memo 2: Detail: Harbor Permit Report 460.00 We Appreciate Your Business! Please mail permit to: Shellmaker Inc. 875 B. West -15th -Street HARBOR PERMIT APPLICATION { Newport Beach, CA 92663 City of Newport Bah Fires & Marina Department Please Print: (Front & Back) Alice English, 1401 E. Bay Ave., Balboa, CA 92661 673-7157 1401 E. Bay Ave foject AddrEss 3. New Construction 4. Fee $351.00 Revision Maintenance X Dredging Check No.=85 Date 7/7/97 5. Brief Description of Proposed Work: replace broken piles 6. Submit Drawings (3) Include: 1. Location and dimension of proposed structure 2. Location of bulkhead 3. Location of property lines and lot size 4. Location of channel markers within 200 feet of proposed pro)ect 5. Existing ground profile, and area and profile of any dredglnq with elevations showing deppth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. Any special conditions affectinV the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance information 7. Applicant's/Agent's Signature Date 7/8/97 8. Work can begin once the City has received evidence of the following additional approvals and you have been notified to DKQceed• - -- OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council Approval of the Army Corps of Engineers. _/Approval of the California Coastal Commission. �/ Approval of the City's Public Works Department Approval of the City's Building Department. County of Orange. Date Date Date Date Date , � � J Date Date ✓/ Issued. (Permit is stamped drawing) Date�f V Site Inspection.(cali 644-3043 for gMgintment) Date Site Re -Inspection. Date Conditions:: OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as ti�sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the propose for sale.) I, as owner of the property , am exclusively contracting wit contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such proiects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. Pro essions Code for this reason: Owner Signature Contractor Shellmaker Inc. of Business and Date Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, CA 92663 License Class A&B State Board No.561434 City License No. 96002210 LICENSED CONTRACMR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and my icense is full force and effect. Contractor Signature �� Date July 8, 1997 O d IY OF INEWPOR! BEACH CITY OF NEWPORT BERCN P��I�IC oCe�N VICINITY MRP hDf= FM, OLIFONR I✓�L'f� M ERY WEST JETTY EFSf JETTY PROFILE 1' = 40' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER, 2 NGW 1 o g o/ 33' !�/L licJG L`—� 1 �/l1L:-w /;?ll 27 p/L//:fG 4- 9 9 L I CK I I� CAST &AY .4VL , m 4 5 l3l_�K� 2� QLOCk 33 PLAN VIEW 1' = 40' RPPL� ICANT'S NAME 4. L. /C'(-= L NGL /S/-/ 1 JOB ADDRESS 1401 LAST 9,4Y AVL l DATE 7.0,97 1 ,G/C-'SHG-%UD L/N� U, S, gU/ may/ /G G/NC /NST/�LL B-J2r� PlL/�/G CX/ST. P/L/Z � G�IGiu/aY� f/Z L=X/ST. dotal: -' �- cX/ST, E0770N7 PROFILE 1' = 40' SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER, 2 NGW 1 o g o/ 33' !�/L licJG L`—� 1 �/l1L:-w /;?ll 27 p/L//:fG 4- 9 9 L I CK I I� CAST &AY .4VL , m 4 5 l3l_�K� 2� QLOCk 33 PLAN VIEW 1' = 40' RPPL� ICANT'S NAME 4. L. /C'(-= L NGL /S/-/ 1 JOB ADDRESS 1401 LAST 9,4Y AVL l DATE 7.0,97 1 9J: C4TY OF NEWPORT BEAC14 HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED. SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR C TY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT A PERMISSI ONL AND THIS PERMIT MA`�8 REVOKED .. THE CITY 1 IN IN ACCORDANCE WITH xffGE 17 U E MUNICIPAL C CITY HF\RBOR COORDINATOR �DERMJT NO. DATE /%/ / s' Adoyl 12'6i ele 0 WORKSHEET FOR BUILDING I FIRE PERMIT APPLICATION `"v°! .CITY OF NEWPORT BEACH s BUILDING DEPARTMENT Gieau.r PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILING ADDRESS)FLOOR OWNER'S ADDRESSy pd Y. ® Ypa9. r d `� e e,/�OJLEGAL CITY STATE ZIP SUITE NO. DESCRIPTION LOT BLOCK TRACT LIC. NO. ARCHITECT/DESIGNER'S ADDRESS No. UNITS CITY. STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. 2. DESCRIPTION OF WORK'a 4 o ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP USE �C er., Ir # OF STORIES VALUATION $ �i0 90 SQ FT (NEW/ADDED/EXTG) 6. CONTRACTOR' ME ( BUSINESS LIC. � STATE LIC. No. 7VO,,eCIass CONTRACTOR'S RESS �0 � v CONTRACTOR'S E-MAIL ADDRESS CIT^� STAT "NEW ❑ ADD E) ALTER ❑ DEMO ❑ V ' ,44!1 c Check Appropriate Box ❑ 3. OWNER'S NAME LAST FIRST 0 �' /`c OWNER'S ADDRESSy pd Y. ® Ypa9. r d `� e OWNER'S E-MAIL ADDRESS .. CITY STATE ZIP PH E�4Ondd 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY. STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 6. CONTRACTOR' ME ( BUSINESS LIC. � STATE LIC. No. 7VO,,eCIass CONTRACTOR'S RESS �0 � v CONTRACTOR'S E-MAIL ADDRESS CIT^� STAT PHON O>®_�>� 5 OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. rorms%6iag_appucauon WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION ;`� r ; CITY OF NEWPORT BEACH >' BUILDING DEPARTMENT PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILING ADDRESS) - OWNER'S ADDRESSOWNER'S C. 0 - d E-MAIL ADDRESS .. FLOOR SUITE NO. LEGAL DESCRIPTION LOT BLOCK TRACT LIC. NO. ARCHITECT/DESIGNER'S ADDRESS No. UNITS CITY. STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. 2. DESCRIPTION OF WORK S L lb, ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP USE /$1,-'Cej� # OF STORIES VALUATION $ O� SQ FT (NEW/ADDED/EXTG) BUS•0IpNESpS LIC. a? �? STATE LIC. �_ No. 7VOS 4?Class- 7 CONTRACTOR' TRACTOR'S RESS q G 7 iV/L�dj m CONTRACTOR'S E-MAIL ADDRESS CIT � STAT PHO?0.55,����� "NEW ❑ ADD F-1ALTER❑ DEMO E3 w ' y, .44''✓d cp Check Appropriate Box 3. OWNER'S NAME LAST FIRST OWNER'S ADDRESSOWNER'S C. 0 - d E-MAIL ADDRESS .. CITY � STATE ZIP PH E X( ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY. STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 6. CONTRACTORME 0 �N BUS•0IpNESpS LIC. a? �? STATE LIC. �_ No. 7VOS 4?Class- 7 CONTRACTOR' TRACTOR'S RESS q G 7 iV/L�dj m CONTRACTOR'S E-MAIL ADDRESS CIT � STAT PHO?0.55,����� OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. rorms�diag appacauon lu-lb-u CITY OF NEWPORT BEACH CALIFORNIA MARINE DEPARTMENT January 14, 19.75 Dear Sir: City Hall 3300 W• Newport Blvd. Area Code 714 673-2110 The Los Angeles District of the Army Corps of Engineers has notified us that you have been placing sand bayward of your recently installed retaining walls between F and G Streets on the Balboa Peninsula. Further, they have requested that we contact you on this first recorded offense. The placement of any fill material in the bay is an illegal act, punishable by federal action, unless prior approval is granted by the Army. The material must be analyzed for con- taminant content before being placed anywhere within the harbor. The analysis of samples is an expense to be born by the tidelands user, and the samples must meet certain stand- ards. The standards are reviewed by the Environmental Pro- tection Agency, the California Fish and Game, the Regional Water Quality Control Board, and the Department of Interior, River Basin Studies. Since this activity is now under very close surveillance by the Corps,of Engineers, and other agencies, we strongly suggest that you contact this department before any further fill mater- ial is contemplated to be placed along the .shoreline. The permit procedure must now be strictly adhered to; or, as the Army related to us, they will file with the Attorney General for prosecution. This letter is written in order to inform you of the situation in the event you were previously not aware of it. If you have any. questions, please feel free to contact the U. S. Army Corps of Page Two Engineers, Los Angeles District, Harbors, and Waterways Division, Attention: Mr. John McVey, Area Manager - South Coast Areas, P. O. Box 2711, Los Angeles, California 90053 (Tele. (213)688-5607). We refer you to his office, since the material has already been placed, taking the situation from local control. Again, if any further fill material placement is contemplated, please do not fail to file for the necessary permits with the City of Newport Beach Marine Department. This way, we can all assist in retaining the necessary controls at the local level. Very truly yours, MARINE DEPARTMENT CITY OF NEWPORT BEACH R. E. Reed, Director RERelf � � Gt1 caryf <9 r`c v' 47a'S n 47 j` T /'4 �7 c? A o, i% B°° l i7 A4) X41 ty V)/d-e'ee/ l�• 7 rt sF ,o �lqeee� SSG' "'Yt C�.999999� � fl". November 25, 1974 City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, Calif. 92660 Dear Sir: I have no objection to the construction of the proposed bulkhead located at 1400 E. Bay. "CAL pl� l Eugene Pittroff November 25, 1974 I City of Newport Beach Marine Department 3300 Newport Blvd. Newport Beach, Calif. Dear Sir: If you should issue the undersigned a permit to construct a seawall in front of Lot 1, I will assure you that if the owner of Lot 2 does not construct the seawall within two years from issuance of my permit, I will construct a return wall between Lots 1 and 2. very truly yours, f,. f Robson English DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 25 gowm*iex 1974 140 9-00t Bay Avoauo Ualkw4, WVovola 92661 Dear "Mr. FaSUO)", ta tmspoaso to your requamt of 26 Nowvrber 1973 (76r -72.) •p W;'.ave are tuclagad two copieg of, #' draft permit, autuoriling tho 4wlatrqatiV4 Sad Ingt-allation of a vood tew4l (8 feet ) iqh b� 91) feat long) 45 f�jet ab,I)raward of the V. S. Bulkhead Una. VITS pi"INT9 is Myr, VAIX) UML SICUD RY '11M MSTRICT WGUE M. Yot,r actantiou is partimilarIv top ted to the ape(UPA rondittan of T1, yl--th e.apis"g s.".1'al3, bn SlgAod Bud d4t*4 by an mnow or authorizei . reappusiDle officlal, with his Otle alkwa thereon, and vatumW to, this offiao. The pamit will thbe va and aw'l t"cqly 01,11 be retul me'd to Yoe. Xf the drOm 0-60'as '--ro T'I'nt r33: led Awl xatumed '01thin 30 days from tram date of ttAn letter, -your roquaat fear the pvo-- p0mod wark sill be WwAd-own. I Inal (aupa) Aa ataud ICY, $€=. [ Trantwain Brothera r , Ity of Xtroport Boath (Hagl I ' wo gfvL�'vr Re sinoormly yours, JOW V. VoLrly COL, a 01'strLimt mig"ineer DEPARTMEN"f OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90089 Mr.. Robson English 140 East Bay Avenue Balboa, California 92661 25 November 1974 Dear Mr. English: Your permit, dated 25 November 1974 (74-72), has been validated and is inclosed. Notice of Authorization and copies of forme for reporting the status of work are also inclosed. 3 Incl 1. Permit 2. Notice of Authorization 3. Work status form (dupe) Sincerely yours, r 4r�' Gr- •VIO P JOHN V. FOLEY COL, CE District Engineer "Application No. 74-72 U. S. Army Engineer District, Los Angeles Name of Applicant_ Robson English Corps of Engineers Effective Date_ 25 Ne,gomdier 3:974 Los Angeles, California Expiration Date g4 P" a-er 1977 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 26 November 1973for a erform 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); ( ) 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); Robson English 1401 East Bay Avenue Balboa, California 92661 is hereby authorized by the Secretary of the Army: to construct and install a wood seawall (8 feet high by 90 feet long) 45 feet shoreward of the U. S. Bulkhead Line; to remove a portion- shoreward of proposed seawall) of the existing pier; to join bayward portion of the existing pier with the seawall Newport Bay, Pacific Ocean ---Fayward of 1401 E. Balboa Blvd., Lot No. 1, Block N and 23, Tract Eastside Addition, City of Newport Beach,, Orange County, California n accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit on drawings: Robson English, 11-1 to the following conditions: SPL , FORM MAY 74 581 (ER 1145-2-304) (ER 1145-2-303) / PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 5 II. Special Conditions 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. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. �o i Pe i0tee //— Date h he Searyof �the�Armt ,rry® SOHN Tl. FOi•EYP COI.- CE�E District Engineer ,25 Ndyepjbe `L474 fiat® Transferee hereby agrees to comply with the terms and conditions of this permit. Page 5 of 5 gib. Win,. SPLCO-N DEPARTMENT OF THE ARMS' LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 00069 Mr. Robson English 140 East Bay Avenue Balboa, California 92661 Dear Mr. English: 25 November 1974 . In response to your request of 26 November 1973 (74-72), there are inclosed two copies of a draft permit authorizing the construction and installation of a wood seawall (8 feet high by 90 feet long) 45 feet shoreward of the U. S. Bulkhead Line. THIS PERMIT IS NOT VALID UNTIL SIGNED BY THE DISTRICT ENGINEER. Your attention is particularly invited to the special condition of Section II. Both copies shall be signed and dated by an owner or authorized responsible official, with his title shown thereon, and returned to this office. The permit will then be validated and one copy will be returned to you. If the draft copies are not signed and returned within 30 days from the date of this letter, your request for the pro- posed work will be withdrawn. 1 Incl (dupe) As stated Cy Furn; Trautwein Brothers City of Newport Beach. (Marine Safety Dept.) Sincerely yours, P/ / �vr JOHN V. FOLEY COL, CE District Engineer u lol 09000 01 f �; DEPARTMENT OF THE AMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION 25 November 1974 g 90 feet Bulkhead Line! to remove a portion A PERMIT TO construct and. install a wood seawall CII feet high y ward long) 45 feet. shoreward of the TJ. Sthe existing pier; to join bay ward proposed seawall) paci,fic Ocean, (shoreward of p p pier with the seawall in Newport rtaBa 23, Tract portion of the existing p Lot No. 1-1 California. •`A,T bayward of 1401 E. Balboa Blvd., Oran ,e County, 1974 Cit of Newport Beach, Y Eastside Addition, Robson English ON 25 November HAS BEEN ISSUED TO ADDRESS OF PERMITTEE 1401 Fast Bay Avenue Balboa, California 92661 TOHN V TOLD COL, CE PERMIT NUMBER 74 72 District Engineer NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK Enc Form aasc THIS Jul 70 10, i i ' � t 6 w 3 T e' JS. Pz.Ca—w? DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES. CALIFORNIA 900$3 1403 E; Balboa houlavard WeWport Btsaeh, California 9266 Dear Mt. U,116h: 19 July 1974 In rsa orio0 to our Public Notice Noobar 74-72, concorai g your permit application to construct and footall a weed eeav ali 45 feet shoroware of the t(.S. Bulkhead Urvm! to 'rramrxvice ea Portim, of the existing pier, ant to conduct work on Lot No, 1;, Bleck N and 23, Tract reside Addition, Nev port tSay, City of Newport Beath, Orange Coun y, California, the luclo ed c^rxxlscnt was received from Joan P t.trouff.m RegulatiOna provide that `The aPp'litant^ must Fare f ivon the opportunity to furaish t.ha District Agirsor :his proymaod r000lutien or rebuttal to all OFihe Qns ACIP GOVOrxaMOnt agenvi.es and other gubot.ant:ive edveree cuvrMe is before final decl.sion, will be Fade on tbo a app3.i.cszt!a.rn-1 We suggest that you tontact the above gamine and try to r^c SOjve. your di.ftcarsaz€ems. 1 Incl As Stated Cy Furna City of Newport Beach--°--- Marine Safety Department 70 Newport Pier Newport Beach, California 92660 Sincerely yours,. Chief Go e rt rraal i pct,,. aperAt o n n1vis:icrs2 f 4 IG el 4n.¢e� On an.i ,.�.. and R.c .anon RONALD REAGAN GOVERNOR OF CALIFORNIA THE 'RESOURCES AGENCY OF CALIFORNIA SACRAMENT©, CALIFORNIA S� uh IZ74 Colonel John V. Foley District Engineer Los Angeles District V S. Army Corps of Engineers P. 0. Pox 2711 las Angeles, CA 90053 OFFICE OF THE SECRETARY RESOURCES BUILDING 1416 NINTH 5"EET 95014 A., R...- ., I1 ... d cm.wc R—P_od Son F..r C .en Be, Con, .v.. -J R"lu Sm.. mv��m nvn PJ S..W.d v..r Cen.•d Bomv R.,1—.1 W.I., Ov.ley i. oer.o: A ­ d, State Review and Comment ATot^_ce No. -0-72 f;''obson Et'llish) Proposed cornetraction and n-natzilation of a wood sso4.a11, rown7al of portion of existing pier; v _Ang of 'gayward portion of ^.r,i' AM.:."",g pier with wood seama?.l in -wport Vy, Ora.ney Conn'QY ?car Colonel Foley: "''`+_13 As to advise you that the subject public notice has been coordinated with state agencies, as shown below, for the purpose of review and a mment. Ilhe apartment of Parkes and Recreation notes that the subject pro- ject is close to Balboa Pier,, which is a ,State Historical Landmarks. Therefore, in the event that the project will have any effect on the R boa. Pler, the applicant whould consider the historical 7a.:.a_ V the .Fier before taping any action. W. �°o not have any comments to offer on the subject permit from '-V other reviewing agencies. Colonel-, John V. Foley Public Notice No. 74-72 ?a Se 2 Assuring that the foregoing concerns of the Department of Parks and PecTMeation will be noted by the applicant, the State of California will have no objection to your issuance of.the requested permit. Sincerely yours, E. B. .�.�MMORE, JR. Secretary for Resources CMUM SIGM BY MJ?T= By cc: Department of Navigation and beean Development De^artment of ?arks and Recreation State Water Resources Control Board Department of Fish and ka^.e 'e.!ildlife Conservation Board ,:-p^rtment of Water Resources De'partmeht of Health Department of Conservation Dili I sion of Highways . State Lands Division California. Coastal Zone. Conservation Cormrission Bureau of Sport Fisheries and Wildlife ^. Gerald V. Howard ApP icant - Robson English DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 Public Notice No. 74-72 24 May 1974 YOU ARE INVITED TO COMNT ON THIS APPLICATION FOR A PERMIT APPLICANT: Robson English 1403 E. Balboa Boulevard Newport Beach, California ACTIVITY: Proposed construction and installation of a wood seawall (8 feet high by 90 feet long) 45 feet shoreward of the U.S. Bulkhead Line; to remove a portion (shoreward of proposed seawall) of the existing pier; to join bayward 'portion of the existing pier with the seawall; and to conduct work on Lot No, 1, Block N and 23, Tract Eastside Addition, Newport Bay, City of Newport Beach, Orange County, California, as shown on the drawing accompanying this notice. PURPOSE AND USE: Beach preservation. FEDERAL, STATE AND LOCAL AUTHORIZATIONS: Approved by the City of Newport Beach; California Regional Water Quality Control Board - Santa Ana Region has no objections; and Application No. P-4-2-74-2958 filed with the California Coastal Zone Commission - South Coast Region. ENVIRONMENTAL IMPACT: Based on information received, it is not anticipated that the activity will require the preparation of an Environmental Impact Statement by this office. PUBLIC HEARING: Any person who has an interest which may be adversely affected by the issuance of a permit may request a public hearing. The request must be submitted in writing to the District.Engineer within thirty (30) days of the date of this notice and must clearly set forth the interest which may be affected and the manner in which the interest may be affected by the activity. Activities under Section 103 of the Marine Protection, Research and Sanctuaries Act (PL 92-532) and Section 404 of the Federal Water Pollution Control Act (PL 92-500) will be considered in conjunction with this notification, CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detri- ments. All factors which may be relevant to the activity will be considered; among those are conservation, economics, aesthetics, general environmental Public Notice No. 74-72 APPLICANT; Robson English 24 May 1974 concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, in general, the needs and welfare of the people. Details of changed conditions on the final permit action will be provided upon request. FOR THE DISTRICT ENGINEER; JAMES Z. METALI05 �, LTC, CE' Deputy District Engineer 2 0 ti•=� V' v. er1 CJI tl-P-`y¢�,. y{�:, au'a.: Alc4v wale 3 . 3"n02'a TfGd' - T Lo.a 1 fopd O� �d I I I sir of r 60' I Exis . Sbnd .vo sC. 1 E P Li •tl e I� /OHO' > ..3 O I I so I •tl e I/06 X/Vd. • 1t N A o • VICINITY SKETCH Nlwaowr 6n V, CAL ;load pqq . ur,r Sours dm s vra a.r �� dv dAs 96 /vw M Prc ssed m dvv/ and dvnofe P < eon Lp,ver Lea Wp fer. Mpr/.num � are C of li de Opp rax/�v/v/y !O !ve{ Norbpr �ne5 are �sJo b/i s/ard rn /h:g sic flan oFN¢arPo./ god; i v.s. P:PNO Line I � ' I ji 17, 7 --I P , 11.E i 1, -'0,- I n�ti f'�/ �-7v �fi• I � I � � I /J 41 aa,. I I I 1 I,IB®J/ � I I I Ave. I IIs �t/dlca/cdJ e ,gar EAPI-41Por� S NA4 fe-O.PE99 4&Or/600' BeNG", �PO4CT AdC..0 BLOCK Trorla,ai:J a9r.r. (iia) WAWA/,0V O--O-N Al -l-?- 7j vP_�Lr( /OHO' > O I oe r a = p 'w � sa.q„ 0 Laaeow - /I1140 D B I/06 X/Vd. • 1t N A o • VICINITY SKETCH Nlwaowr 6n V, CAL ;load pqq . ur,r Sours dm s vra a.r �� dv dAs 96 /vw M Prc ssed m dvv/ and dvnofe P < eon Lp,ver Lea Wp fer. Mpr/.num � are C of li de Opp rax/�v/v/y !O !ve{ Norbpr �ne5 are �sJo b/i s/ard rn /h:g sic flan oFN¢arPo./ god; i v.s. P:PNO Line I � ' I ji 17, 7 --I P , 11.E i 1, -'0,- I n�ti f'�/ �-7v �fi• I � I � � I /J 41 aa,. I I I 1 I,IB®J/ � I I I Ave. I IIs �t/dlca/cdJ e ,gar EAPI-41Por� S NA4 fe-O.PE99 4&Or/600' BeNG", �PO4CT AdC..0 BLOCK Trorla,ai:J a9r.r. (iia) WAWA/,0V O--O-N Al -l-?- 7j vP_�Lr( STATE OF C LIFORNIA Cf _IF0 N" A COASkt,(L ZO7VS CON._HERVr?T1 I CO AJM vSlOi SOUTH COAST REGICTIAL CO,tiuMISS;ON 665. E. OCTAN 9OULEVARD, SUITE 3107 11.0 BOX 1450 LONG BEACH, CALIFORNIA 90801 (M) 436-4201 (774) Bd5--01518 RESOLUTION OF APPROVAL AND Application N•urnber: P-4-2-74-2 RCt.GAN, G v n r l , \ �p Name of Applicant: ryRobson English 1101 E. Bay Front, Newport Beach 92661 Permit Type.: D Standard'. Emergency .Development Location: 1401 Bay Front, Newport Beach Development Descriptions Construction of a wooden seawall for beach preservation, The wall is 3"xl2" tongue nad groove and. 'is to buried 8' deep. Top of the wall will be +8.0 on or just below existing sand profile. (Sand profile is +8.0 mean low lower water; 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 v%dth the findings and declarations set forth in Public Resources Code Sections 27001 and 27302. C. Is subjectto the following other resultant statutory pro- visions end policies: . City 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_: application, site map, plot plan and approval in concept.. i R,solution of Approval and Permit Page 2 II. Whereas, at a public hearing held on May 6,. 1974 date at Long Beach by aunanimous vote here - (location by approves the application for Permit Number P -1r-2-74-295$ pursuant to the California Coastal Zone Conservation Act of 1972, subject to the following conditions imposed pursuant to the Public Resources Codes Section 27403: None 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 followings 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 approval. V. Therefore, said Permit (Standard, o} No. P-4-2-74-2958 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. Z1. Executed at Long Beach, California on behalf of the South Coast Regional Conservation Commission on May 20 , 1974 2474 M.J. C P, entff� Executive Director wk S!ATE CF CALIFOPNIA ItONAlD tE4.^.A #f, .^^.zH✓ it CALIFORNIA COASTAL Ze NE CONSERVATION COMMISSKrJ SOUTH COAST REGIONAL COMMISSION. syr 666 E OCEAN LOULE`/AZD, SUITE 3107 . P.O. Box 1450 LONG EEACH, CALIFO;NIA 90801 �1 (213) 4764201 Pio) 8410648 April 1'57177+ . NOTICE OF PUBLIC HEARING Pursuant to order of the California.Ccastal.Zone Conservation. Comission, notice of public hearing is hereby given. Said public hearing is scheduled on the May 6. 1974 Agenda for application for-Pernit, Number P-4-2-74-2958 *** as submitted by Robson English The subject request is.to permit Construction of a_wooden seawall for beach preservation at 1401 Bay Front, Newport Beach Said agenda public hearings will commence at 9:00 an on may 6, 1974 at Long Beach Harbor Department 925 Harbor Plaza, Long Beach, 6th Floor, Board Room during which time all persons either favoring or opposing the application will be heard. Any written correspondence regarding the application should be directed to this office prior to the hear- ing date.. All interested individuals who wish additional information may con- tact this office. M. J. C entL Executide+Director wk *** FOR APPLICANT ONLY... COPY OF THIS NOTICE IS TO BE POSTED ON SUBJECT PROPERTY A �l T S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention: Waterways Control Section Subject: Harbor Permit Application No Dear Sir: /0,0 -/yo/ I hereby request a U. S. Corps of Engineers' Permit for the construction and installation of a wood seawall and appurtenances thereto be locate in ewport Bay, naywar of Lot No. I Block No. NS , Tract Eastside Addition , Newport Beach, Ca i ornia. I am the owner of .the a orementioned property, and I have made application for a Harbor Permit to the City of Newport Beach. The adjoining property owners are: Lot 2 Block N&23 Lot Block Tract Eastside Addition Tract Eugene Pittroet "F" Street 1403 E. Balboa Blvd. Newport Beach, California Date 11/26/73 Enc. Plans dated 11/16/73 3 Sepia 7 copies Respectfully submitted, Robson Engl' h a oa Newport Beach, California CITY OF NEWPORT BEACH APPROVAL The Harbor and Tidelands Administrator the City of Ne�wport Beach V16 has reviewed Harbor Permit application by % 0 Q c�i7r7 /eJ 4 and subject to the approval of the U. S. Corps orhngineer , will issue Harbor Permit No. Date—2 -y% 7- % of - ccc D. Harshbarger, Captain Marine Safety Department MARINE SAFETY DEPARTMENT 70 Newport Pier TO: CHAIRMAN AND MEMBERS OF THE JOINT HARBOR COMMITTEE FROM: IIARI14E: SAFETY DEPARTMENT SUBJECT: HARBOR.PER114IT APPLICATIONS FOR THE CONSTRUCTION OF A WOODEN SEAWALL 30' BAYWARD OF VACATED EAST BAY AVENUE BETWEEN F & G STREETS ON THE BALBOA PENINSULA. DISCUSSION: The Newport Beach City Council at their meeting on January 23, reviewed the attached Harbor Permit Application and staff report. The Council referred the Harbor Permit Applications to the Joint Harbor Committee for their review and recommendation. The staff, at the direction of Council,have drawn in a second sand 'berm line' based on the results of a Public Works survey taken on January 29, 1974. The first 'berm linewas measured on December 12, 1973, by the Marine Safety Department staff. The difference between the two 'berm lines' represents beach prograding by homeowners contracting with a small equipment operator who, on an annual or bi-annual basis, pushes sand, at low tide, up in front of the homes to maintain beach frontage. R. E. REED, DIRECTOR i7ARIidE SAFETY DEPARTMENT �;4xz D. Harshbarger, Captain Marine Safety Department RER:DH: dw 2iyp �g hs�`so Al W i J J ' 2 �. lir p�L�:_gO�'. .✓`9. ��` ...,� of February 25, 1974 . MARINE SAFETY DEPARTMENT 70 Newport Pier ITEM NO.: F-1 TO: MAYOR & CITY COUNCIL FROM: Marine Safety Department SUBJECT: JOINT HARBOR COMMITTEE RECOMMENDATION; REF. HARBOR PERMIT REVISION APPLICATIONS FOR THE CONSTRUCTION OF.A WOODEN SEAWALL 30' BAYWARD OF VACATED EAST BAY AVENUE BETWEEN F & G STREETS ON THE BALBOA PENINSULA Action If desired, (1) deny the revision permits as applied for or (2) approve the permits subject to the Joint Harbor Committee's recommendation that the proposed bulkhead be built on the bayward most line of Vacated East Bay Avenue with approval for wooden return walls at the F & G Street -ends. Discussion The City Council at their regular meeting on January 28 referred the subject permit revisions to the Joint Harbor Committee for their recommendation. The Joint Harbor Committee met on February 13, 1974, and discussed the attached staff report which was originally prepared for the Council's January: 28 meeting. The staff prior to submitting the report to the Joint Harbor Committee "drew" in a second sand berm line representing berm positioning with respect to the proposed bulkhead. This second berm line measurement was taken in accord- ance with Council's.instructions and represents positioning based on a Public Works survey made on January 29, 1974.. The Joint Harbor Committee after reviewing the staff report, quest- ioning of staff and testimony by the applicants recommended that Council not approve the applications as applied for, however, they did recommend that the proposed wooden bulkhead, if built, be con- structed no.further bayward than the bayward most line of Vacated East Bay Avenue, with approval for wooden return walls at the F & G Street -ends. Page Two Summarily, the Marine Safety Department has no set recommendati6ns in this matter since it relates strictly to policy. The staff will assist the applicants in processing the permits through the South Coast Regional ZoneConservation Commission and U. S. Army Corps of Engineers in accordance with Council's policy decision on the loca- tion of the proposed bulkhead. C� 7ti R. E. Reed, Director Marine Safety Department RER:DH:lf Attachments MARINE SAFETY DEPARTMENT 70 Newport Pier January 28, 1974 TO: MAYOR AND CITY COUNCIL FROM: Marine Safety Department SUBJECT: Harbor Permit Applications for the construction of a wooden seawall 30' bayward of Vacated East BX Avenue between F & G Streets on The Balboa Penrnsu a. APPLICANTS: Property owners; Eastside Addition Tract; Block N & 23. Listed as follows: Mr. R. English, 1401 E. Balboa Blvd., Lot 1;, Mr. G. Stephens, 1405 E. Bal. Blvd., -Lots 3 & 1/2 (4); Mr. D. McIlone, 1409 E. Bal. Blvd. -Lots 1/2 (4) & 5; Mr. C. Peck, 1411 E. Bal. Blvd. -Lot 6; Por. R. Brookes, 1413 E. Bal. Blvd. -Lot 7; Por. R. McLain, 1415 E. Bal. Blvd., Lot 8; Mr. F. Rhodes, 1417 E. Bal. Blvd. -Lots 9 & 10. Project Description" Seven of the eight property owners bordering the Bay between F & G Streets on the East Balboa Peninsula have applied to the City for harbor permits toallowfor the construction of a wooden seawall 30' bayward of "Vacated East Bay Avenue". The wooden seawall is proposed to.be built at an elevation of +8 MLLW with 30' length wooden return walls at the F & G Street -ends. Discussion The subject harbor permit application requires City Council approval because the proposed seawall would be constructed 30' bavward of "Vacated East Bay Avenue". The Harbor Permit Policies (Section 16 Bulkheads) was aracnded by Council in June of 1973. The following paragraph, applicable.to these pending permits states: "The Marine Safety Department may' issue permits for bulkheads, between U. S. Bulkhead.Station lumbers 112-109.not to exceed .the bayward side of the 'Vacated East Bay Avenue'. Concrete bulkheads and wooden retaining wall structures proposed to be constructed bayward of the bayward most line of Vacated East Bay Avenue shall be subject to City Council approval." The applications for Lots 1 and l0 bordering F & G Street, street - ends show 30' woodei return walls. Because these return walls are Page 2. proposed to be constructed of wood rather than concrete they would also require Council approval to deviate from City Harbor Permit Policies. Section 16 - Bulkheads, paragraph H; of the Harbor Permit Policies address the above and states: "All private bulkheads constructed along street right-of-way lines shall conform to the City Standard. Drawings for a concrete bulkhead". The U. S. Bulkhead Line is 115' bayward of the zoning setback line fox the block between F & G Street. The property between the front of the homes and the U. S. Bulkhead Line is owned in fee by the respective homeowners, but any construction within this zone where the tide may ebb and flow requires a harbor permit. within the majority of the Harbor, bulkheads have been built on the U. S. Bulkhead Line; however, for this area (Between A and K Streets) it has been the City's basic position that bulkheads or retaining wall structures should be held back from the U. s. Bulkhead Line to the bayward side of "Vacated East Bay Avenue" for the following reasons: l.. To preclude the possibility of sand -fill below the line of ordinary high tide. 2. To maintain as. much as is possible conformity with respect to Section 16, paragraph A of the City's Harbor Permit Policies establishing`a quasi bulkhead line. 3. To retain sand sloping beaches, which are energy absorbing versus bulkhead structures which can reflect wave energy. 4. The possible:retention of an undefined public easement over a por- tion of private property over which the tide ebbs and flows. NOTE: It is the staff's understanding (reference the First American Title.Insurance Company, that rights and easements for Commerce, Navigation and Fishery is in favor of the public, or the federal, state or municipal government over any portion of the subject property which is submerged. Also, at such time that said submerged lands are filled, in conformance with all applicable permits, to an elevation above the line of ordinary high tide, that the above public easement exception will be thereby eliminated. The attached proposal drawings should warrant.special Council attent- ion because these are the first harbor permit applications that repre- sent several homeowners requesting a variance to Council policy. The magnitude of the project could possibly set a precedent for other bayfront property owners within the A to K street zone. The attached summary drawing depicting the F to G street block shows an existing Sand Berm Line plotted by the Marine Safety Department Page 3. staff. This line on an average is approximately 15' landward of the proposed seawall construction. Currently the sand elevation at the berm line is .approximately an +8.5 MLLW. The.sand level at the proposed bulkhead line is approximately a +4.0 MLLW. The zone between the proposed wall and the current sand berm line will require fill. During recent field inspections of the lower harbor with staff members from the Bureau of Sport Fisheries and Wildlife and the South Coast Regional Zone Conservation Commission, bulkhead construction along sand beaches was discussed. In general, these agencies which review and comment on harbor permit applications for the U. S. Army Corps of Engineers, have.held to the position that they are opposed to the continuation of the bulkhead and associated fill process in the lower Newport Bay. It is their analysis that this can retard water circula- tion resulting in the degradation of water quality. Summarily, the applicants are proposing to construct a quasi wooden bulkhead structure 30' bayward of "Vacated East Bay Avenue" with wooden return walls.at the F & G Street -ends. The wooden wall bulkhead, based on staff inspection,.will require limited landside fill. In conclusion, the Marine Safety Department staff has not made a recom- mendation on this application because of the policy nature of the -request. The staff could alter its position on this proposed project if the bulkhead structure was brought back 30' to the bayward most line of Vacated East Bay Avenue. The following alternatives are listed for Council's consideration: 1. Construction of the proposed wooden bulkhead on the Bayward most line of "Vacated East Bay Avenue" (30' landward of the proposed location) with concrete return walls., 2. Construction of the proposed wooden bulkhead on the Bayward most line of "Vacated East Bay Avenue" with approval for wooden return walls. R. E. REED, DIRECTOR D. Harshbarger; Captain Marine Safety Department DH: GEW:1f Attachments i09->�0 / January 23, 1974 Captain D. Iiarshbarger City of Newport Beach Marine Safety Department 70 Newport Pier Newport Beach, California 92660 Dear Captain Harshbarger: Recently I purchased the property located at 1403 East Bay in Newport Beach. Last year I removed the house and con- structed a new home. I moved the old property back to meet with standard variances required by the City. At present the land adjacent.to my property (1401 East Bay) has a pier located up against the property line. I believe the City requires a 5 foot set -back. I'm requesting that this variance to City Council policy be corrected with City procedure such as a transfer of property or any major improvement to this existing pier permit. Sincerely, Mr. Eugene Pittroff 1403 E. Bay Newport Beach, CA. STATUS SHEET HARBOR PERMITS LOCATION 1 g am/ Ra & 0 �} � .0 d New IOLI Revision Dredging Date Rec`v /2-3-7-3 Fee Amt. ,0 p Fee Processed Date Reviewed by M.S.D. Approved 2-27-7 � Denied Correction Req'd. - Desc. City Council: Remarks 1. Application G. Consent Letter 3. "Waste" Letter 4. Drawings 5. Staff Report 6. 7. 8. 11001 7�yy Approved 7-2-�r`7�-- DATE MATERIAL SENT/APPROVED C.O.E/f. SCRZCC it +I j1 to )a Denied SARWQCD J.H.C. Or.Co. T.I.C. t OF INIL; 'evk-� Uti ame ba A I 12 7)e,9 d J 60 ivo Fin, �11-11 I 117'ry, 64Z4W -V C111 VICINITY SKETCH Nlw,.wr 5AY CAC.FO-NIA sburd"575 ore expCSSC& n ",e" and o"'o/e depths below Mcon Lower Low woyler. Aloxf..+u� range o.r bV, /0 Albrbo, /,r7C5 are esiob11*she&,/n 71h;5 secl,04 0f"Vdwa.,l '30r. CITY OF NEWPORT eEACH HARBOR PERMISSION IS HE; F1,Y (,rV,TF5 —.0 C(;-!`r=T AND MAINTAIN TIM 2!d Ti4.7 AT lt:g SI—E , . ", ..- -- O� i, IF...! t. IN AC-ccliDAXICL WV.1*17 040 PERMIT' NO. 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