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HomeMy WebLinkAboutM2015-0004HARBOR 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 existing approach, pier, gangway, W shaped floating dock, 9 existing 12" square concrete guide pile and 6 existin 14" sq. concrete "T" pile. Replace with 2 new approaches, piers, gangways, 2 new I shaped floating docks, 4-14" sq. concrete guide pile and 10-14" sq. concrete "T" pile. 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: 1509 E. Bay (becominq two separate parcels) Legal Description: Harbor Permit Number: 109-1509 Plan Check Number: 0270-2014 Applicant: Jeri Kochis/Swift Slip Applicant's Mailing Address: 2027 Placentia Ave., Costa Mesa, CA 92627 Phone Number: 949 -631 -3121 -Swift Slip I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, 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: YHas 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. February 19, 2014 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Pint FormWorksheet for Combo Building & Solar Permit Appli Comm] r Residential City of Newport Beach - Building Division NOTE: PLAN CHECK FEES DUE AT TIME OF SUBMI r; r j—Building F Grading F—Drainage j-Elec rMech (—Plum Cu yd Cut FCITY a NEWPORT U Gil�rR r.7it0e�rl i Project Address (Not mailing address) I— Flood F_ Fire r Liq r Land'de I Tv 1509 EAST BAY AVENUE Description of Work - Use Const Type ..............stir--.. ._.— - -. Remove existing , W sh—loati.....--- approach, pier, gangway, W shaped floating dock, 9 existing 12" square concrete guide pile and 6 existing 14" square concrete T pile. Replace with 2 new approaches, floating docks, 24 new 14" square concrete piers, gangways, 2 new I shaped # $toriess If Units (If Resf guide pile and 10 new 14" square concrete T pile. Valuation $ 125,000 Material/Labor ` New/Add SF�� Remodel SF -- Garage/New/Add �__-- OWNER'S NAME Last FOCHIS First JERI Owner's Address Owner's E-mail Address 1509 East Bay Avenue Jac uel n.chun q y g@sbcglobal.net City Newport Beach State CA Zip 92661 Telephone 949.631.3121 APPLICANT'S NAME Last Chung First Jacquelyn Applicant's Address _ Applicant's E-mail Address 2027 Placentia Avenue {Jacquelyn.chung@sbcglobal.net City Costa Mesa State CA Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last F_ -First F Lic. No. �® Architect/Designers Address Architect/Designer's E-mail Address City_ State Zip Telephone (-----�-- ENGINEER'S NAME Last Ma _ First Tshien Lic. No. F2807 Engineer's Address - F401 North EI Camino #1006 Engineer's E-mail Address TM@TMEngineers.com City San Clemente State CA Zip 92.672 Telephone 949.361.0618 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders Lic No. 797052 Class Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn. chung@sbcglobal.net City Costa Mesa s State CA Zip 9262.7 Telephone F949631.3121 I SETBACKS REAR SETBACKS FRONT PERMIT NO. SETBACKS LEFT SETBACKS RIGHT PLAN CHECK NO. USE ZONE DEVELOPMENT NO PLAN CHECK FEES $ ASI!'. f n5�A UL) P/j y ii �iillllillmillll 5. l . - �, I - CITY OF NEWPORT HERCH '�'RCTp.1 OCE -RA( VICINITY MRP mww arc. acsT" (4) w yf q'l- � (4) Wu. gUtdGPIi EEL GRASS HNSPECTION rass within 15' of project Pass within 15 - 30' Df project J0 Tl. 0 W�............... 1W E. SOUNDINGS FIRE EXPRESSED IN FEET RU DENOTE ELEVRTIONS BRSED ON MEAN LOK R LOW WRTER. I I tl OI�YP/ 40.0 F may, Tj t b°u Lv I `�� ay4�• ro�ya i yyq' Gam' mc' qy, �Q Ak I1 ¢G4 NO IRPPLICRNT'S NAME Jai YDCW5 IJOB RDxss I%q E, SAV AV>°nt IDRTE 11.1° -13 1 169-1 6 i 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 • Fax (949) 631-3122 l9 I C2, 52= 41I� 2b 26�h- l04 a 52 4 'j 1oX�j.. ... ii 440 Fw 144 �} 12��ti�.Grure� v��e Ptd o �! ��� t4 . �bn '1` ►�a I � I � I �15.D I _ 115041, 0. IFV y Av DOCK & PIER BUILDERS, INC. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newoortbeachc ov VIA EMAIL November 27, 2013 Jeri Kochis 10001 Moon Valley Place Las Vegas, NV 89134 jerikochis@cox.net Re: Tentative Parcel Map No. NP2013-028 (PA2013-208) County Tentative Parcel Map No. 2013-167 1509 E. Bay Avenue Dear Ms. Kochis, It was a pleasure working with you on the subject Tentative Parcel Map. Please find attached the approved resolution for your project. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, a Beja i M. Veba As ' tant Planner GR/bmz cc: Charles P. and Audrey B. Cotton Trust 2123 Granada Avenue Balboa, CA 92661 gtipnb@aol.com RDM Surveying Attn: Ron Miedema 23016 Lake Forest Drive #409 Laguna Hills, CA 92653 rdmsurv6,ying@cox.net Tinplt:-3/21/13 Mark Becker mbecker@markberker.com RESOLUTION NO. ZA2013-079 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. NP2013-028 FOR A SUBDIVISION LOCATED AT 1509 EAST BAY AVENUE (PA2013-208) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Jeri Kochis, with respect to property located at 1509 East Bay Avenue, and legally described as Lots 4,5 and West ''/z Lot 6, Block 24, together with Lots 4,5 and West '/ Lot 6, Block O, together with Bay Avenue as vacated as shown on Bayfront Section,.M.M. 6/15, requesting approval of a tentative parcel map. 2. The applicant proposes a tentative parcel map to create two separate parcels for single- family developments. The subject property currently consists of four legal lots, portions of two lots, and an abandoned right-of-way. It is currently developed with a single-family residence. 3. The subject property is located within the Single -Unit Residential (R-1) Zoning District and the General Plan Land Use Element category is Single -Unit Residential Detached (RS -D). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Single Unit Residential Detached - (6.0 - 9.9 DU/AC) (RSD -B). 5. A public hearing was held on November 27, 2013 in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15315, of the State CEQA (California Environmental Quality Act) Guidelines - Class 15 (Minor Land Divisions). 2. Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. The project is a residential subdivision creating two parcels for single-family residential developments which will be in conformance with the General Plan and Zoning Administrator Resolution No. ZA2013-079 Paqe 2 of 10 zoning. Furthermore, the project site was not involved in a division of larger parcels and does not have an average slope of greater than 20 percent. SECTION 3. REQUIRED FINDINGS. The Zoning Administrator determined in this case that the proposed Parcel Map is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and is approved based on the following findings per Section 19.12.070 (Required Findings for Action on Tentative Maps) of Title 19: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Findin 1. The proposed Parcel Map is for the purpose of subdividing. property consisting of four legal underlying lots, portions of two lots, and an abandoned right-of-way into two parcels for single-family developments. 2. There is an existing single -unit dwelling located on the subject parcel which is required to be demolished prior to the recordation of the map to avoid violations of the Building and Zoning Codes. 3. Future development of the proposed lots is required to comply with the Municipal . Code and must be consistent with the use and development standards of the R-1 (Single -Unit Residential) Zoning District. One unit on each newly created parcel is allowed consistent with the current Zoning and General Plan Land and Coastal Land Use Plan land use designations allowing "Single -Unit Residential Detached". 4. The new parcels do not meet the minimum lot width requirement of 50 feet and area requirement of 5,000 square feet set forth in Title 20 (Zoning) for new subdivisions; however, the width and area are consistent with typical lots in the area. Deviations from the lot design standards (lot width and area standards established by the Zoning Code) can only be approved by making specific findings in accordance with Section 19.24.050.A. Those findings and the facts that support them are enumerated below and are incorporated by reference. Conditions of approval have been incorporated to require all necessary public improvements including, but not limited to, street, drainage, sidewalk and utility laterals to support the proposed subdivisions in accordance with the Subdivision Code. Finding: B. That the site is physically suitable for the type and density of development. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Page 3 of 10 Facts in Support of Finding: 1. The site is currently developed with a single-family structure that crosses over underlying legal lot lines. The proposed Parcel Map would subdivide the lot into two parcels for two single-family developments. 2. The site is sloped less than 20 percent and is suitable for the development of two residences. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 15 (Minor Land Divisions) which allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are presently available, the property was not involved in a division of a larger parcel within the previous 2 years, and the property does not have an average slope greater than 20 percent. The project site does not contain significant biological resources as it is currently developed with a single residential unit. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. The proposed Parcel Map would subdivide a property consisting of two full, legal lots, portions of two abutting lots, and an abandoned right-of-way into two lots for the purpose of developing two new single -unit dwellings. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Paae 4 of 10 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: The design of the development will not conflict with any easements acquired by the public .at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: The project site is not subject to a Williamson Act contract as it is developed with single-family residence where no agricultural resources are present. Finding: G. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project, and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code, and is not located within a specific plan area. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Paae 5 of 10 Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: 1. The proposed Parcel Map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 1. That the subdivision is consistent. with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1. The proposed Parcel Map is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need. The residential density on the proposed lots is consistent with the number of units allowed in the R-1 Zoning District. No affordable housing units are being eliminated since the previously existing single - unit dwelling was not occupied by a low or moderate income household. Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. Wastewater discharge into the existing sewer system will not violate Regional Water Quality Control Board (RWQCB) requirements because a single -unit dwelling would be developed on each proposed lot. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Facts in Support of Finding: 1. The subject property is located within the Coastal Zone, and there is no public access or recreation area located on the site. The proposed subdivision would be consistent with the policies of the certified Local Coastal Program Land Use Plan. Deviation from Design Standards Per Section 19.24.050.A of Title 19 (Lot Design, Lot Size), new subdivisions must meet the applicable zoning district regulations stated in Title 20 (Zoning Code). Deviation from the design standards set forth in Chapter 19 of Title 19 may be approved by the Zoning Administrator subject to specific findings stated per Section 19.24.130.C. The proposed subdivision would create lots which would not meet the lot width and lot area standards required by the Zoning Code for new subdivisions within the R-1 Zoning District. The Zoning Code requires new subdivision lots to be 50 feet wide, and have a lot area of 5,000 square feet. The proposed parcels of land are 35 feet wide with an area of 4,130 square feet. The required findings to deviate from the standards and facts in support of those findings are as follows: Finding: A. The requested deviations will create a land plan or development design equal or superior to that under the baseline design standards in this Chapter. Facts in Support of Finding: 1. The proposed lots are comparable in width, length, and area to the original subdivision which was comprised of 30 -foot -wide by 85 -foot -deep lots. 2. The existing lot orientation with vehicular access from the alley and pedestrian access from East Bay Avenue is maintained. Finding: B. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network. Facts in Support of Finding: 1. The proposed subdivision would increase the density by one (1) single -unit residential structure. According to the City's Traffic Engineer, East Bay Avenue has sufficient capacity to accommodate the minor increase in traffic. Finding: C. The deviations will not negatively impact pedestrian circulation. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Paae 7 of 10 Facts in Support of Finding: 1. The subdivision will not reduce or encroach within the abutting public right-of-way (East Bay Avenue). 2. The subdivision will not eliminate or impede pedestrian circulation provided that the necessary improvements are provided in accordance with applicable Public Works design standards and permitting. Finding: D. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Facts in Support of Finding: 1. The original subdivision established 30 -foot -wide lots on both sides of East Bay Avenue and throughout the majority of the Peninsula. The development of single - unit dwellings after the consolidation of lots and/or re -subdivision of lots has occurred within the neighborhood. Although many of the original lots remain, lot consolidation and re -subdivisions have occurred resulting in lots that vary from 30 feet wide to 90 feet wide in the area. 2. The abutting lots to the east and west have been merged or re-subdvided and are 90 feet wide and 45 feet wide, respectively. Finding: E. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety. Facts in Support of Finding: 1. The proposed subdivision to re -subdivide the existing parcel in a comparable manner to the underlying, legal lots would allow a single -unit dwelling to be constructed on each lot in accordance with the General Plan. Approval does not introduce an incompatible land use, and the resulting subdivision design would not be detrimental to the residents as vehicular and pedestrian access would be maintained. Any new development must be in accordance with the conditions of approval and the Municipal Code. The resulting lot widths are not inconsistent with the variety of lot widths and development pattern of the neighborhood. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Pape 8 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Tentative Parcel Map No. NP2013-028, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF NOVEMBER, 2013. Zoning Administrator 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Paae 9 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL A parcel map shall be recorded. The map shall be prepared on the California coordinate system (NAD88). Prior to recordation of the map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. Prior to recordation of the Parcel Map, the demolition permit to remove all existing improvements on the site shall be inspected and deemed final by the Building Inspector. 4. Prior to issuance of building permits for the second single-family residence, Fair Share traffic fees shall be paid in accordance with the fee schedule in effect at the time. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. The applicant shall reconstruct the existing broken and/or otherwise damaged concrete alley adjacent to the development site. 7. All above -ground improvements shall be setback a minimum of 5 feet from the property line abutting the alley. The 5 -foot rear alley setback area shall contain concrete pavement and shall remain accessible to vehicular traffic at all times. 8. All existing, private, non-standard improvements within the public right-of-way and/or extensions of private, non-standard improvements into the public right-of-way fronting the development site shall be removed.. 9. An encroachment permit is required for all work activities within the public right-of-way. 10. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110-L and Municipal Code Section 20.30.130. 10-15-2013 Zoning Administrator Resolution No. ZA2013-079 Paqe 10 of 10 11. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 12. All on-site drainage shall comply with the latest City Water Quality requirements. 13. Each new residence requires its own individual water service/meter and sewer lateral with cleanout. Each water meter and sewer cleanout shall be installed with a traffic - grade box and cover located within the public right-of-way. 14. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the property line. 15. Pursuant to Chapter 13 of the Newport Beach Municipal Code, a 36 -inch -box street tree is required for each development. However, because of the location and condition of the property, it is impractical to plant the tree at the project sites. Therefore, two 36 - inch -box street trees shall be planted at locations designated by the City. 16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the 1509 East Bay Avenue Parcel Map including, but not limited to, Tentative Parcel Map No. NP2013-028 (PA2013-208). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 17. This Parcel Map shall expire if the map has not been recorded within 24 months of the date of approval, unless an extension is granted by the Director of Community Development in accordance with the provisions of Section 19.16 of the Newport Beach Municipal Code. 10-15-2013 yq B wop t J DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 1509 E Bay Ave, Newport Beach CA No Eelgrass patches were observed in subject area noted above. No Caulerpa Toxifolia was observed in subject area noted above. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, PRELIMINARY SURVEY Page 1 of 10 E wORks DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 1509 E Bay Ave Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Survey Report Prepared October 25, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Page 2 of 10 `yfi WORk s�. DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Preliminary Survey October 25, 2013 CONTENTS List of Tables List of Figures Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form Eelgrass Survey Form Table12. Tides and Currents 1509 E Bay Ave Newport Beach, CA List of Tables 3 3 4 4 4 4 7 9 .....................................................................................................................5 List of Figures Figure 1. Location of 1509 E Bay Ave., Newport Beach .....................................................................................................................5 Figure 2. Dive Transects .....................................................................................................................6 PRELIMINARY SURVEY Page 3 of 10 go��E woRks O���NG SER��Gw DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Current Situation — Preliminary Survey 1509 E Bay Ave, Newport Beach, Ca this is a Preliminary Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpo was not observed. See Figure 2 Survey Method Survey conducted October 25, 2013 beginning at 1000hr approximately N Lat 33.5999670 W Long -117.890158°. Day was sunny with air temperature 72° F. Water temperature was 65° F. Depth ranged from 0' at beach head to 12' at end of dock. Visibility was 1'-3' feet. See Table 1 Survey area delineated spanning 55 ft wide and 70 ft out from beach head to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft swimming parallel to beach head. Lane width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form) see Figure 2. Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). Visibility was 1'-3' ft. Depth ranged from 0' at beach head to 12' at end of dock.. See Figure 2 Discussion Eelgrass (Zosters marina) was not observed, see Figure 2. This Preliminary Survey observations finding shows no restrictions for replacing existing dock in regards to marine habitat. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and maintaining clearing navigational channels for boaters. PRELIMINARY SURVEY Page 4 of 10 1yE WORD 9 s� DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive \, Long Beach, CA 90802 7j'/,\'r sF.R�%i. Table 1: Tides and Currents 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Stationld: 9410580 4.58 Daily Tide Prediction in Feet Time Zone. LST/LDT 4.80 Datum MLLW 3.58 DateDay Time Hgt 3.88 10/25 Fri 03:59 AM 3.4 H 10/25 Fri 07:21 AM 3.18 L 2.58 10/25 Fri 01:33 PM 4.28 H 2.88 10/25 Fri 09:35 PM 1.08 L 10/26 Sat 05:17 AM 3.62 H 1.58 10/26 Sat 09:43 AM 3.18 L 1.08 :k to S 10/26 Sat 03:03 PM 4.01 H 18/25 18/25 18/25 18/25 16/26 16/26 18/26 10/26 16/27 12an Ban 12pn 6pn 12an ban 12pn 6pn 12an 10/26 Sat 10:42 PM 1.11 L 1-1-1 Figure 1. Location of 1509 E Bay Ave, Newport Beach $' 'e 'rim F I ' �1, 1509 E Bay Ave... PRELIMINARY SURVEY Page 5 of 10 JB woRk ss9 s�. DIVE WORKS (949) 759-0773 1509 E Bay Ave 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey October 25, 2013 Figure 2. Dive Transects for 1509 E Bay Ave, Newport Beach PRELIMINARY SURVEY Page 6 of 10 DIVE WORKS (949) 759-0773 429.0 Shoreline Village Drive Long Beach, CA 90802 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera 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. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1509 E Bay Ave Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWorkCZDGmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.599967* Lat (UTM, Lat./Long., datum, W -117.890158° Long accuracy level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the Preliminary Survey to determine marine life permits identified above) PRELIMINARY SURVEY Page 7 of 10 9�v V, wo'Aq Gs DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90002 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' -12' Bottom is sediment, Sand and Dirt. physical 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 type: Sediment, sand Temperature: 72G Air 650 Water Salinity: Dominant flora: N/a Dominant fauna: Mussels Exotic species encountered - None Coulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE : October 25, 2013 surveyed. (SCUBA, remote video, etc.) and survey methods employed, date of TIME : 1000AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 1'-3" Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 8 of 10 O1� V, W 0,p G��ING SER��� DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. 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. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1509 E Bay Ave Newport Beach, CA Survey Contact: Robert Wiegand (949)759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.5999670 Lat (UTM, Lat./Long., datum, accuracy level, W 117.890158° Lon g attach electronic survey area map if possible) Was Eelgrass Detected: Eelgrass within 15' of project/ disposal site Eelgrass within 15'-30' of project/ disposal site xxx No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be conducted at Preliminary Survey to determine marine life the site under the permits identified above) PRELIMINARY SURVEY Page 9 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 1509 E Bay Ave Newport Beach, CA Preliminary Survey October 25, 2013 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'- 12' Bottom is sediment and sand physical 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 type: Sediment, sand Temperature: 720 Air 65° Water Salinity: Dominant flora: n a Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: October 25, 2013 surveyed. (SCUBA, remote video, etc.) and TIME : 1000AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 1'-3" Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRELIMINARY SURVEY Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions February 19, 2014 Property Address: 1503 E. Bay 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 except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 31 '. 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 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 - (949) 644-3034 / Fax (949) 723-0589 Special Conditions February 19, 2014 Property Address: 1509 E. Bay (becoming two separate parcels) 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 except as otherwise noted in the Municipal Code, 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 16'. 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 PAr ��P�tA FEPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 July 22, 2002 City of Newport Division of Harbor Resources Attention: Tony Melum PO Box 1768 Newport Beach, California 92658-8915 RE: Reference No. 200201250-CJF Dear Mr. Melum: This is in reply to your applications of July 9, 2002, for Department of the Army Permits to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes maintenance dredging and beach disposal at eight sites within Newport Bay (see below). USACE City Site Address Volume Area Beach Ocean Site # Harbor (Cubic (Estimated Disposal Disposal Permit # Yards) Square Feet) 1 108-1501 1501-1509 East Bay Ave 300 2128 Yes — No Sul2ratidal 2 114-350 350 Buena Vista Blvd. 100 2700 Yes — No U12ratidal 3 175-516 536 Via Lido Nord 80 900 Yes — No s Su ratidal 4 1011-40 40 Balboa Coves 160 3000 Yes — No Sul2ratidal 5 109-1905 1905 East Bay Avenue 160 1200 Yes — No Su ratidal 6 537-514 51438�Street 60 600 Yes— No Su ratidal 7 153-213 213 E. Bay Front 100 600 Yes — No Su ratidal 8 175-744 744 Via Lido Nord 80 900 Yes — No Su ratidal Totals 1040 12028 1040 cy 0 -2 - Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54 will expire. A general permit does not grant any property rights exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or.proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. if you have any questions, please contact Corice J. Farrar of my staff at (213) 452-3296. Sincerely, Mao Mark Durham Chief, South Coast Section Regulatory Branch Enclosure CVI UCK E t0 MAILING ADDRESS APPROVED BY: DATE OCHD ENGR COUNCIL ElT PUBLIC WORKS Iv � DEPT. ❑ ESCROW I -I/ INSPECTION LTJ ADDRESS OF PROPOSED PERMIT 0 S 15/1-t TELEPHk= FE CHECK NO� APPLICATION IS HEREBY MADE FOR A H�AP4yO.R�PERMIT TO to/ + OONSTRUCTIREVISE A 141',I41 4 I Ei -4% AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT PERU ,_ CIES kT r� ACHED DRAWING BY 1 F J( COMPANY YY. DATED DATE SIGNATURE SPECIAL CONDITIONS: JEyK IST/lL I!' f./',JLz C -ba Wt 1. L /VO / CIN OF NEWPORT BEACH. CALIF. r WX FORM BS -1010 _o 0 s� FIS 30' 44 �..b-� d IS -01 QST DAL& _�ro+rr�Acro,a �_ �_ ✓rrss; ' s ' •'o XOP �•:: ro. 'i �; gyp. I •r^�..�..� c (�' °ya. ,.. -_ `.... .. d. ro 11_• .. V •- -... _o 0 s� FIS : ' j: J!C.n.;3 .J.•a Mr.?rC >'Sc•:J. ✓' Orf Jr, ,a p,rnC^'9 Olr+rn3 Ga.'O. .:vC.,,+q -..nrr :may' L.v v: ✓. ,.%'Or wa.. fOngP J' �.oS p.a n:in.� 'CCT ''yr L(p✓ .q!�' U.4 n !I IEV vj and i WL V'4 'p, Lh - -.-- �clgT� W oCs® 1 30' 44 �..b-� d IS -01 QST DAL& _�ro+rr�Acro,a �_ �_ ✓rrss; ' s ' •'o S .R-•;� ,- . ... �•:: ro. 'i �; gyp. I •r^�..�..� c (�' °ya. ,.. -_ `.... .. d. 11_• .. V •- -... i alfl r.r\ . ,Y •y, . a Ir` VICINITY 5kC'TCH �I� e t ' s••-� 'Y.��wI04f m✓•+l, d -'AL iFBi N•d _._ �� -. f : ' j: J!C.n.;3 .J.•a Mr.?rC >'Sc•:J. ✓' Orf Jr, ,a p,rnC^'9 Olr+rn3 Ga.'O. .:vC.,,+q -..nrr :may' L.v v: ✓. ,.%'Or wa.. fOngP J' �.oS p.a n:in.� 'CCT ''yr L(p✓ .q!�' U.4 n !I IEV vj and i WL V'4 'p, Lh - -.-- �clgT� W oCs® 1 o LMAIO 30' 44 �..b-� dt .im. _ _ ._sqq^*r-J. r IS -01 QST DAL& _�ro+rr�Acro,a �_ �_ ✓rrss; o LMAIO �—AWJI-CQk f] 44 �..b-� dt .im. _ _ ._sqq^*r-J. r IS -01 QST DAL& _�ro+rr�Acro,a �_ �_ ✓rrss; CITY OF NEWPORT BEACH 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 7'HE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE. TC@13'+ P'TNs:= is IPAL.CODE. l`CITY AR OR COORDINATOR PERMIT NO. DATE OFPCIAL CONDITIONS: Corps IN EVneors Porwift Ormige C,ousity Permit Other PeRMIT 13 1JED suamcf IO DREDGE MATERIAL BEING HAULED TO SEAL---- PLACED ON DEA,CH_--22�--e DREDGING A2?LICATION ?roject Location: 1509 E. Balboa Blvd. N Dic Yards to be Dredged: 160 Met.'lcd of Dredging: A-r�1 T.Q„i i n C„n+i nn Nature of Dredged &Material: snnci/Qiir Dlsoosition of Dredged Material: C z3iPa 0 Method of Material Disocsition: 9i pe1TIIA traIIspOT't T=—bidity Control Method: 4e�+,nn rii anl.en...g not nni +d e:=eOt Of dredging On contiguous bul heading and beadles ' - + a - 4isrk biyes hereby state that I have read the U; S. (print pane) Corps Of .,g, deers permit fcr maintenance dredging in NeWzcrt "Harbor, City Of Newport Beach a:Zd Orange County Aarbors,Beaches and ?a -Fs Distric= (if applicable) permit for naintenance dredging and that I accep_ =11 the provisions therein, additionally I guarantee that the proposed dre,dcr, 'will lot occur because of any altering of existing use of the affected zone. Charles Cotton app scant -type Hanel r +,an^Apr"i nro4�inz (Contractor -type name 6/17/91 (Date) Signed -~1� Con4:7a or s Representative / mo!�vr'& ui cop eAY AVF-4 wp- s A 71� -5e Coen. L."47-•_'% akl S45T DAW" MvP DAED6 11U6 / mo!�vr'& ui cop eAY AVF-4 wp- s A 71� -5e Coen. L."47-•_'% akl S45T DAW" MvP VIC) kJI TY 5KE %`H / mo!�vr'& ui cop eAY AVF-4 wp- s A 71� -5e Coen. L."47-•_'% akl S45T DAW" MvP '011*'OF NEWPORT BEACH HA!7777 7 "T 75T PERMISSION IS F^"` •'.! ... . . .. iuvT AND MAINTAIN TI!^ F`... _ - @?EI', `10 F, AT THE SITE: i%-: Er. .. '..;llaNG OF THE HARSOA 1': .:.i .. .... .. =.CH ANG ANY SPECUL aE-;;�... ,. .. .. �•. ...: -�. S PERW9 IS NOT TPAWL ._. .. ...:z i'H;"OF THE CITV RIGHTS GiVS? AND TtS46 PE:I° _. .... - COUNCIL IN ACCORDA'dgE V;TTki $eTk P. CODE. F r PERmir Nil PERMT ISSUED SUBJECT TO DREDGE MATERIAL BEING HAULEDTGSEA_ �� /� PU!CEDONBEACVI__620 — GU Lt4 Corps Of Elsg f"I'S PSTr'�4t d,)Tr.'iv county Feta" Iv 3 r .,C 5J 1-7 Ao rXls�,.i 'eu�d j r►..w ti �/IClA tTY''SKLTCH ane. 91 nN�.I bebw a e as vb/%IMd n -i9 Y �t ,'Iv y1t L. �V i O /5p9 .f�cr✓ .r,cvaas td M /iar end ob+aYr .•an Lo..v,� !ow Wo riw", •Nor,wun roriw.ory/y ro �wr/. ,lbrbor /iirfJ +,pYh!! Sbct, ' 'Sop Aa•y Bay. pr l/�/�.__ iN4 0 �,IIa1nCXlnY c, ecr i �edeck ire ✓- _ _ �'L. AN ice"'• C 10 20 SD an cw G" 60,47- -ML!/e N�rvi'c e r 8.4 Y <"',e� r -r r,oPron REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O. ROM 2711 LOS ANGELES. CALIFORNIA W0532325 APA I i99 City of Newport Beach Attn: Tony Melum, Tidelands Administrator Post Office Box 1768 Newport Beach, California 92659-1768 SUBJECT: NOTICE TO PROCEED Dear Mr. Melum: 10 � l s-6� Reference is made to your letter received April 13, 1993, in which you notified the Corps of Engineers that Mr. Charles Cotton intends to maintenance dredge approximately 150 cubic yards of material by hydraulic suction from 1509 East Balboa Boulevard and dispose of the material on an adjacent beach, in the City of Newport Beach, Orange County, California. Based on the furnished information, we have determined that your proposed activity complies with the terms and conditions of Permit No. 89 -211 -GS provided Mr. Cotton does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions please contact Tiffany Welch in our Ventura Field Office at (805) 641-2935. Sincerely, Michele F. Waltz Chief, South Coast Section 1 �— i �,+•+ice f. s�01 N<w0.?;gr .,b�/. CA::�IE,a,4 c.�_;_. ... � .f' r , SC _'^C•✓rS .!!d Yf.'JY[$:iCJ. 'n d! Jr.J y,.nCr OIT fn3 G!.'D.v ':')�vn! a%C✓ � Wyk. f'. •:TCf +0..rw /Ongf° J 'LOG e, 3,a n.'J..r y;T.. G '^:Jr L.✓ .^�,. J>G Gd':C iAG.v :n fir.°.. .._G/'arl Jf-• � 9+, I v • ill' ,.fa ,• � °j •r.. - !••! •� �.• •_,P ! I I I I I �O6 /U VICl,vITY S;ccTCHyGa�'('� ° ''`' �,+•+ice f. s�01 N<w0.?;gr .,b�/. CA::�IE,a,4 c.�_;_. ... � .f' r , SC _'^C•✓rS .!!d Yf.'JY[$:iCJ. 'n d! Jr.J y,.nCr OIT fn3 G!.'D.v ':')�vn! a%C✓ � Wyk. f'. •:TCf +0..rw /Ongf° J 'LOG e, 3,a n.'J..r y;T.. G '^:Jr L.✓ .^�,. J>G Gd':C iAG.v :n fir.°.. .._G/'arl Jf-• � 9+, I v � ! I I I I I eA Aleflv7e CO E4ST C.0A��4 G1.�7 � I��.e�tca,ss�a I • _'oa f�'aoPc ss' /sv9 CvaaR�cto�gllrtr�'���.y :'ore , -At),O' I I v � ! I I I I I eA Aleflv7e CO E4ST C.0A��4 G1.�7 � I��.e�tca,ss�a I • _'oa f�'aoPc ss' /sv9 CvaaR�cto�gllrtr�'���.y :'ore , NEWPORT MACH HART` PERMISSION Is !'IUCT AM MAINTAIN TW� VA0>10 �.:r Vol ,aq 44o F HKERoF, AT THE SITE ly?w . 10 05 n: U31014D M THE MARS02 p"Amy AND ANY SPMAU PENrl"!- 00 NOT Tr-,AN,3F,013= T, THF. C47Y crr,,, RIGHTS GWEN UNDMI,_1 AND TM5 PEAM EST LL i ut ACCORDANCE 000c. C(?—L-D) c priks K PERMIT ISSUED SURJECT TO DREDGE MATERIAL BEEING: HAMM= -------- = ------- PLACED GN 6, U -CH 62 -C2-- ('o'-ps Of courty Q— State of California, George Deukmejian, Governor California Coastal Commission SOUTH COAST DISTRICT 245 West Broadway, Suite 380 P.O. Box 1450 Long Beach, California 90801-1450 (213) 590-5071 COASTAL DEVELOPMENT PERMIT No. 5-83-730 Page 1 of 2 On October 13, 1983 , the California Coastal Commission granted to Richard Booth & Charles Cotton, c/o 2806 Lafayette Ave., Newport Beach this permit for the development described below, subject to the attached Standard and Special conditions. Construction of a wooden retaining wall. Site: 1509 & 1513 E. Balboa Boulevard Newport Beach, CA Issued on behalf of the California Coastal Commi r�nW'.. MIS PERMIT IS Ir YJ f `6.ESS AND UNgIL A COPY Qu MTN THF SRAXEI; I E011 RET9.RNERD TO THE Michael L. Fischer Executive Director and ZDP/SWS Staff Analyst lie ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee Coast 11: 7/81 0 COASTAL DEVELOPMENT PERMIT NO. Page 2 of 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. . 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction 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. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during development subject to 24-hour advance notice. 6. 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. 7. 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: Norte. -1 . 5-8' -'730 Cl r Y of NEsyfoo Pr B,"c,4/ �V w%pU w t4m �) u SEP 11983 � •3 �'� A���g DL�TRICT - �i } f� � I -t11� � `tea.. �''�.;• ---_\. � `` '0 �" e.; ao,. r. -4 {�jWIG 1 VICINITY 5KETCH r r'V �II_E= .f��E: ri I { N�WOO Rf BAT CA: IFON NiP 1j R %[ffy MARINE DEPARTMENT dep �:+s b ry Lver Coni t-io �.-r. '+9or:.naim C/nCITY HALL South Coea�istrQ9§A9 o -.y lo.�°r arocr :•nes 33MNEWPORT BLVD. ore e°ioo',9hed ,n /h,5 seri.."o{. cn• o r Boy NEWPORT BEACH. CA 9Y063 APP1RO _ mitt �PIF.Pz MAV L.ri. _ � Y jl I Un. in i iiia I) i a :ei J 6.I( AVE: nUG (VAGoTE:Ci A SS 1571 aA6T D&LP,-44 PJ.vt2 pr ---�CC--.1=o a�K i.l...c.•rRAc o.e ro. PALnW* I/LVb, OA r6 J 30' 30 30 30' A SS 1571 aA6T D&LP,-44 PJ.vt2 pr ---�CC--.1=o a�K i.l...c.•rRAc o.e ro. PALnW* I/LVb, OA r6 J a4 April 25, 1983 CITY OF NEWPORT BEACH Marine Department TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 109-1509 and 109-1513 BY DICK BOOTH AND CHARLES COTTON TO BUILD A 70 FOOT WOODEN RETAINING WALL BAYWARD OF 1509 AND 1513 EAST BALBOA BOULEVARD. Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by Section 16.A. of the Harbor Permit Policies which states: "All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would preserve the design profile of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be considered a bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same manner as if it were on the bulkhead line. The Marine Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112-109 not to exceed the bayward side of the "Vacated East Bay Avenue". Concrete bulkheads and wooden re- taining wall structures proposed to be constructed bayward of the bayward most line of vacated East Bay. Avenue shall be subject to City Council -approval." In 1973 the Council amended the above quoted section of the policies and made findings that bulkheads along the easterly portion of the Balboa Peninsula should be at a location that would preclude sand fill over an inter -tidal zone that was subject to the ebb and flow of the tide. In addition, it has been.Council's desire to retain existing sandy sloping -beaches:. WAA The applicants are proposing a wooden retaining wall approximately 17 feet bayward of the bayward most line of Vacated East Bay Avenue. To allow the applicants to locate the wall in the proposed location would require fill over an inter -tidal zone and would reduce a sandy sloping beach, both of which results would be in conflict with the Councils' past findings. David Harshbarger Marine recto Tony M u� Tidelands Administrator TM:db Cl 7- K of .. I F-' F2,:> F-- 11- rz /D 7 -fv 's B N.--Plgr 5AY, uj <DOC? 6A--(vr-- Q Id p- - - L� -.r- - - - - - - - - - - - - - - - - Fr -a I Ff 7, I - . A pAf:7?-,5L?- Av�. ,4 7-e CITY 00 NEWPORT ORTA"'T11 HtARBOR PERROT is HF,-43E8Y GRAt4'Tr1.) TO r.fykniTRUCT ANE MA!NTAIN II;E" FAC'M7V StMfM ON T"'. H',-VGIiE It EREOF .,,T 't'HE SITr. ,140ICAXEP, SUBM'ro Tt�p. tqOVMIQNS 0! THE HARSO-R "11Z kaNUT POLIMS OF MK'. ,jq fjIl', I .3rnCH ANI p.Ny Spi, i;%Lu -M5 Le.Sym , -I1-.-- """ d I,45rNT t: TM: V !V,.�'., ,�, I.. Mr. . )02'3wv� .%,I::,� , 1 on 1. T17 (AVEN', UNDER Tfillr FERE IT A (,3 -elf RE ONL AIND THIS PERIFAV I- MAy jar., RCVC COUNC KFID gy I I -HE. MuNiCAPIr", 4"ODF.. IN ACCORIDANCIr WITH TITLE 17 4!Y CI -Py KLwlpajl �OR 1) 7 NZ irr Ell CGONST11-11. ............... SPECIAL CONDITIONS: COMS Of Engineers Permit o — Orange couI.Iiy p6,.,It other 51s�Zj? - y- F -,y ey CITY CoUNCjL 6 Cl r K 4-1;71 ... . . .. . .... ViciAjrry SKETCH 40� N-.Powr eon,7e Or are e IT i Lil. -%VILL- T4 I,ry Liloom BA-( AVSnUa cA a t�,) LJAL�, S eA67 14 6 7 to S eA67 CITY OF NEWPORT BEACH Item No. I-2 Marine Department June 27, 1983 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT; ADDENDUM TO MARINE DEPARTMENT STAFF REPORT OF APRIL 25, 1983, REGARDING HARBOR PERMIT APPLICATION 109-1509 BY DICK BOOTH AND CHARLES COTTON Recommendation: Approve the application subject to the following conditions: 1. That the applicant obtain a permit from the Army Corps of Engineers Z. That the applicant obtain a permit from the California Coastal Commission. 3. That the applicant maintain a sand beach bayward of the retaining wall at a slope mimimum elevation of +3.00 MLLW. Discussion: This application was originally before the Council on April 25, 1983. At that time the applicant requested that it be pulled from the Agenda and continued until June 27, 1983. During this period staff met with with the applicants' attorney on site to view the physical setting and to review the rationale for the Council findings discussed in the original Staff Report. Specifically it was noted that the wall would require very little fill and that a sandy sloping beach could be provided for, bayward of the retaining wall. Also approximately one-half of this block has been bulkheaded bayward of vacated Bay Avenue and by allowing this applicant to join the existing bulkhead, a uniform line would be maintained, rather than a staggered one. On June 15 the applicants' proposal was reviewed by the Tidelands Affairs Committee and for the reasons listed above they recommended that it be approved with the stated conditions. DAVID HARS�HBARGER, Marine Director TONY MELUM, tidelands Administrator TM: db CITY OF NEWPORT BEACH Agenda Iter -ii N NoF•76 Marine Department; April 25, 1983 TO:. MAYOR AND CITY COUNCIL. FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 109-1509 and 109-1513 BY DICK BOOTH AND CHARLES COTTON TO BUILD A 70 FOOT WOODEN RETAINING WALL BAYWARD OF 1509 AND 1513 EAST BALBOA BOULEVARD. Recommendation: If desired, deny the application. Discussion: This application is before the City Council as required by.Sect:ion 16.A. of the Harbor Permit Policies which states: "All bulkheads in residential districts shall be installed on the established bulkhead line or at a 'location behind the bulkhead line that would preserve the design profile of the harbor. Any retaining or ornamental wall installed landward of the bulkhead line shall be, considered a. bulkhead if it also serves to con'ta'in the waters of the harbor and shall be processed in the same manner as if it were on 'the bulkhead line. The Marine Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112-109 not, to exceed the bayward side of the "Vacated East Bay Avenue". Concrete bulkheads and wooden re- taining wall structures proposed to be constructed baYward of•f;he bayward most line of vacated East Day Avenue shall be subject to City Council approval." In 1973 the Council amended the above quoted section of the policies and made findings that bulkheads along the easterly portion of the Balboa Peninsula should be at a location that would preclude sand fill over an inter -tidal zone that was subject to the ebb and flow of the tide. In addition, it has been Council's desire to retain existing sandy sloping beaches. The applicants are proposing a wooden retaining wall approximately 17 feet bayward of the bayward most line of Vacated East. lay 11::uuo, To allow the applicants to locate the wall in the proposed location would require fill over an inter -tidal zone and wuuld reduce a sandy sloping beach, both of which results would be in conflict with the Councils' past findings. David Harshbarger Marine DirectoC Cis d r.>�/+�.E'�'GGt•,. _...__... Tony Mrl urn Tidelands Administrator y �� 3 5,6-,4 cl�l GI r -I F20 P-- i 1� C-- t a,AY AVE 4 Q a ui oo p L ijUL"V� L4.11 e45,T D414" M\42 . a/7 -RAC 7-6 /'k r. vici ;'V cry Sd<ETCH ui oo p L ijUL"V� L4.11 e45,T D414" M\42 . a/7 -RAC 7-6 /'k AdP HARBOR PER&TViC 1,S CRAN"ThD TO ANC M,AINTAIU FAA';,U'ry 13jttj>,, I Iq yFj.t, AT THE SITE I ;nE NrREOF WDICArMO, SVIYA,cl TO 7S1, 4 It, 20,vismy4s (It THE HARBOR PRRIQT FOLICIZi ANY SPEWAL CONX THC jq j -OW REACH PL AUj 'S NOT lWANSFRRAW SPf 4�.VNT Al:. NAFmtH-t ,:�yyy 'COS 'AND THIS FlenmiT MAY BE suvollm a M ACCORDANCE 11VIT" !FTLE a low -GUNW, COPE. C SPECIAL COMMON& corps Of E%Iveer:, Permit I —L OrglngO COWAY Permit 70 lifcEt pay MATERIAL IgtlLEp FO SEA PLACED #48ahg" Iz ®`N 19834, z ati Ta-�_�r�i February 11, 1953 File. SD 83-^02—o4 fr. Steve Barrett Gillis and Derby, , Inc.. 280 La Fayette Avenue Newport Beach, California 92663 Dear Mr. Barrett: Subject. Construction of reLainiug wall for Messrs. Dick Booth and Charles Cotton at 1509 and 1513 ,`East Bay Avenue, Balboa, California. The staff of the State Lands Commission las received your letters elated January 26, 1133,. and copies of the permit drawings relative to the proposed construction of your clients, retaining wall in Newport Bay. This is to advise that the tide and submerged lands over which, the proposed project will extend are sovereign lands of the State of California fiat the Legislature granted in trust 4o the City of Newport Beat... Therefore, you need not apply to the State Lands Comreission for project authorization. You should, however; apply to the City of Newport Leach for any necessary permits or approvals. You should also apply to all other agencies having approval authority.. This action does not constitute, nor shall a be construed aq a waiver of any right, title, or interest by the State of California in any lands under its jurisdiction. Very truly yours, ... JUDY LUDLGb:' Grantee; Lands Representative (916) 447--7134 JO C. K, ce: California Coastal Commission South Coast DiVcict 66E East ocean Boulevard, Room 3107 Long React, California 90801 i 03ert L. Wynn, Cny Manager City of 'Newport Beach city fall 3300; Newpor=t Boulevard Newport Beach, California 92660 22'vn REPLY TO ATTENTION OF: SPLCO-R DEPARTMENT OF THE ARMY LOS ANGELES D" STRICT, CORPS OF ENGINEERS P. O. SOX 2711 LOS ANGELES, CALIFORNIA S0093 Mr. Steve Barrett Gillis and Derby, Inc. 2806 La Fayette Avenue Newport Beach, California 92663 Dear Mr. Barrett; August 10, 1933 Reference is made to vou.r letter of July 15, 1983, on behalf of Mr, .Vick Rooth and Air. Charles Cotton, in which you inquired as to whether or not a permit is required from the U, S. Army Corps of Engineers to construct a wood retaining wall at 1513 and 2509 E. Balboa Blvd., city of Newport Beach, county of Orange, State of California. You stated in your letter (referenced above) that the wood retaining wall will be constructed at elevation. plus 7 feet above Mean Lower Low Water, Based on the information= furnished in vour letter, we have determined that your proposed project is riot subject to our jurisdiction under Section 10 of the River and Harbor Act of 1899 or Section 404 of the Clear. Mater Act. Therefore, no permit is required from our office. The receipt of your letter is appreciated, Sincerely, J.P. Fast Chief, Construction - Operations Division CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALL �� ��9ROL �F�i�9GsiP June 27, 1983 INDEX Volume 37 - Page 217 he would not support the motion because of Mouth of Big the liability involved. Canyon Motionx Due to the lateness of the hour, and the Ayes x x x x x importance of this item, substitute motion Noes x x was made to defer the matter to July 11, 1983. 2. Report from the Marine Department regarding Harbor Prmt HARBOR PERMIT APPLICATION 105-1509 BY DICK BOOTH/COTTON BOOTH AND CHARLES COTTON. (51) Dick Booth, Applicant, addressed the Council and stated that he was in agreement with the recommendations of the Marine Department. Motion I x Motion was made to approve the All Ayes application, subject to the Conditions of approval as recommended in the addendum to the original staff report. 3. Report from City Manager regarding REQUEST So Coast Rep OF SOUTH COAST REPERTORY FOR FUNDING. Request (76) Motion x Motion was made to approve the request for a grant of $10,000 to support SCR's activities. It was pointed out that the City Arts Commission had recommended denial of the 1 request. During course of discussion it was noted that the City Council had the authority to grant the funds pursuant to Council Policy F-20, Reserve Fund for Culture and Arts. The following persons addressed the Council and spoke in support of the request: Peter Ox, 444 Isabella Terrace, Vice -Presi- dent of SCR's Annual Fund of Board of Trustees Michele Wallan, 11 Greenbriar Lane, Student at SCR Joyce Justice, 1119 Yacht Colonia, Member of SCR Board of Trustees Tim Brennan, no address given Jean Wenke, 3308 Ocean Boulevard Council Member Strauss stated that he has been a "fan" of SCR for a number of years and has enjoyed many of their productions He stated he will continue to support the organization as a private individual, but did not feel it was a proper use of City funds to grant the request. Council Member Plummer spoke in support of the request. She stated that the Reserve for Cultural and Arts Fund was set up for a purpose and should be used as intended. She pointed out that a number of the people involved with SCR are Newport Beach resi- Volume 37 - Page 217 V v� May 3, 1983 TO: WM SUBJECT: CITY OF NEWPORT BEACH Marine Department CITY CLERK Marine Department HARBOR PERMIT APPLICATION 105-1509 BY DICK BOOTH AND CHARLES COTTON The above permit was on:the Council Agenda for April 25, 1983, Item No. F16. At the applicants' request it was continued until May 23, 1983. On April 26 the applicants' agent, Dennis O'Neil, requested that it be continued until further wurd ;roan then., as the applicant is currently out of the.country. Tony Medum Tidelands Administrator TM, db l Lt Cil -9 t,-t r' 1� � Z 5)5 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\L ROLL 9 9 J' April 25, 1983 MINUTES imncv r/ .I.V L.. Mayor Hart noted that the staff would 0/C-JWyn continue to work with the County's attorney, Arpt/O/C as well as the City's airpo-` legal counsel, League and report back. All Ayes The motion was voted on and carried. 2. Report from the Marine Depa lent regarding Harbor HARBOR PERMIT APPLICATION 11109/1509/1513 BY Permit DICK BOOTH AND CHARLES COTTON to build a 70 $109/1509/ foot wood retaining wall bayward of 1509 and 1513 1513 East Balboa Boulevard, was presented, (51) and recommended for continuance by the Applicants to May 23. Motion x Motion was made to continue the foregoing All Ayes item to May 23, as requested. 3. Proposed resolution awarding an Emergency Water Main Contract No. 2389 between the City of Newport Emrgncy Rp Beach and S. E. Eaton Co., in the amount of No. PC'Hy $15,459.60, for emergency repairs to City's Bay Bridge control valve for water main damaged as a C-2389 result of storm damages and determining the (38) urgent necessity therefor (North of Coast Highway underneath the Bay Bridge), was presented with a report from Utilities Department, and recommended for continuance to May 9, inasmuch as there were only four Council Members present and five affirmative votes were needed for adoption. Motion x Motion was made to continue the foregoing All Ayes item to May 9, as recommended. I H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. OASIS PARK GRADING (CONTRACT NO. 2316), Oasis Prk report from the Public Works Department, was Grading presented. C-2316 (38) Letter from Richard A. Nichols regarding comments on Oasis Park Grading EIS, was presented. The City Manager reviewed the background of this item and the three alternatives (3, 3A, and 3B), noting that the staff was recommending approval of grading concept Alternative 3B for the final design project. It was further noted that an environmental assessment entitled "OASIS Park Grading Environmental Impact Report" had been completed, and was included in the Council packets. Volnm. 17 — Pao. 1L9 r/ I. CONTINUED BUSINESS: 1. Report from Parks, Beaches $ Recreation Director regarding MOUTH OF BIG CANYON. (Attached) Action: If desired: 1) Approve (2.5 to 4) acres of park credit to The Irvine Company in recognition of their dedication of e--ements and land for the sewer line and mitig .ion pond, a Refer the matter to Stud Session of July 11, 1983. Continued to Council Meeting of July 11, 1983. (Heather and Hart Noe) 2. Report from the Marine Department regarding HARBOR PERMIT APPLICATION 105-1509 BY DICK BOOTH AND CHARLES COTTON. (Attached) Action: If desired: Approve the application, subject to the Conditions of Approval as recommended in the addendum to the original staff report. Agenda Action (Unanimous) - 13 - SPEAKERS MUST LIMIT REMARKS TO FIVE MINUTES ON ALL AGENDA ITEMS. 6- z 7- sj Marine Contractors FLOATS • PIERS • BULKHEADS • PILINGS MOORINGS • NEW INSTALLATION AND REPAIR 2806 LaFayette Ave. Newport Beach, CA 92663 (714) 673-1630 April 22, 1983 Tony Melum Marine Department City of Newport Beach California Dear Tony: This letter is a request for continuation of the present application to go before the city council on April 25, 1983, The permit is for a retaining wall to be installed at 1509 and 1513 East Balboa Blvd., Newport Beach, Calif. The applicants desire this permit application to be sched- uled for the council meeting of May 23, 1983. If further information is desired please call. Sincerely, GILLIS & DERBY, INC. Steve Barrett SB/bj STATUS SHEEi- HARBOR PEPMITS LOCATION4% �5�1_G� �f���G2 /f fiicr New ✓ GERM1T {IN0.�—L-11 G/r— -- Revision APPLICANT NAME %��!` . ?,,,X / Dredging con;TRA�Tor: C-��(� Date Rec`v_ gree Amt. '570s " Fee Proces Date Reviewed by Marine Dept. `f �3 Approved Dented Ccrectior. Reouired - Description, - City Council: Approved / Z;,�3 Denied Renarks / DATE ;'LATERiAL SENT."' APPROVED C.u.E. SCRZCC' Apoiicaticn Z. o^sent 11tr. "Waste" Ltr. A. Drawings 5. Staff Reocrt o. I. 3. REPS ARKS lii. i C t Ii@fii. —ISPti. IO^: (el zf J3 _7. H.C. OR__Cr''.._ I.I-.- t It 1to9- 154 t \ � ... c r - 40� p y; plil,y .. '%GALE I �6fit2nl LR �S Tom•\._.. ...... N VICINITY SKETCH '��'•T�S ��Ym N[WPORY p.n v, C...,,.tpoar.ln � Sorindi,'i9S oris o,rPressed „� Fewr and obnoYv dralhe Gf/OW Mews lowN" !aw Wo lam, •NvxiNun ron}Ye o>' t vo p n,opror,w.otiiy /o beef Norbor /rises dry slob/:shed ,n phi//1 .SK'/:an Oi• hTrvgOi/7' Bay. l� ;,.It,•l, '•�� ///�+lff %n.-,.�'l i/r >` /,"Z^3 �/". r,l n r' 04 q 1 L WdE 1A, f4 I ./i✓� ;_. � I I• I 4L A/V I )a 7c .f 4r: 51 MAx 4c rl