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
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Project Address (Not mailing address) I— Flood F_ Fire r Liq r Land'de I
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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
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SETBACKS REAR SETBACKS FRONT
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PLAN CHECK NO.
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2027 Placentia Avenue, Costa Mesa, California 92627
(949) 631-3121 • Fax (949) 631-3122
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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.
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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.
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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.
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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.
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PERMISSION IS F^"` •'.! ... . .
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- @?EI', `10 F,
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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 �—
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NEWPORT MACH
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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"!-
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PERMIT ISSUED SURJECT TO
DREDGE MATERIAL BEEING:
HAMM= -------- = -------
PLACED GN 6, U -CH 62 -C2--
('o'-ps Of
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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
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MARINE DEPARTMENT
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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
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,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
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CGONST11-11.
...............
SPECIAL CONDITIONS:
COMS Of Engineers Permit o —
Orange couI.Iiy p6,.,It
other 51s�Zj?
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ey CITY CoUNCjL
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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
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t
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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
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"Waste" Ltr.
A. Drawings
5. Staff Reocrt
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I.
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