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Home My WebLink AboutM2005-0080V6 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 20. 2005 Property Address: 1513 E. Bay Ave. With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not reauire a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which 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. Your side property lines extend in the water along their same bearing. The westernmost property line extends exactly parallel to the easternmost property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the west side of the westernmost finger is 12'. 8. The maximum beam of a vessel that is permitted to side tie to the east side of the easternmost finger is 5'. iature: s Miller. Harbor rces Supervisor 11q1L Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions June 20, 2005 Property Address: 1513E.BayAve. With reference to the plans currently under consideration to reconfigure or modify the dock system, the following, conditions will now be in effect on the above referenced pier, 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced Pier is under the ourview of these Policies and Codes. 2. Any future work an the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not recuire a Permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which 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. Your side property lines extend in the water along their same bearing, The westernmost property line extends exactly -parallel-to the easternmost property -line. 6. A vessel may not extend beyond the end of the.fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie to the west side of the westernmost finger is 12'. 8. The maximum beam of a vessel that is permitted to side tie to the east side of the easternmost finger is 5'. Signature: Chris Miller, Harbor Resources Supervisor Date Applicant Signature Print Name Date T'd 682022z:oi 2212-T29 (6t7E) W03'A30Gd1_1GiA1NS:W0NJ ES;T3 2002-K-100 1 4� 0 Cd 0. 4- A�7 C -S [:]% 1519 1509 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT 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 existin7f—loat and gang ay. Install new float with (3) 16" pile and Tx 24'qangway. Relocate existing 10' x 14' pier and (2) 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. I Property Address: 1513E.BayAve. I lHarbor Permit Number: 109-1513 1 Man Check Number: 1485-2005 -1 jApplicant: Mike Blower --I Applicant's Mailing Address: 1513 E. Bay Ave., Newport Beach, CA 92661 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 X- They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, o 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 conceot and said anoroval has been written uDon said Dlans. sianed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local quidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to reiection in principal bv Newport Beach unless a substantial chancie is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources ht -1 -S Chris Miller, Harbor Resources Supervisor June 20. 2005 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLIC%%9 RESOURCES DIV. (@17M f P ,E:,Vvpc) PITY ,f N RT BEACH �CITY OF NEWPORT BEACH BUILDING DEPARTMENT PLEASE PRINT OR TYPE 1. PROJECT ADDRESS (NOT MAILINGADDRESS) /5-/ 3 �5z ow FLbbR SUITE NO. LEGAL DESCRIPTION LOT BLOCK TRACT No. UNITS PHONE NO. el-f� R 4. ARCH ITECT/DES I GNER'S NAME LAST rIRTT 2. DESCRIPTION OF WORK ARCHITECT/DESIGNER'S ADDRESS 7= USE USE # OF STORIES VALUATION $ SQ FT (NEW/ADiTE A fq 1� L- lq'' F;jjrfe PHONE NO. F� 5. ENGINEER'S NAME LAST VIRST Y-�nl L NEW ADD 0 ALTER 0 DEMO E] Check Appropriate Box 3. OWNER'S NAME 1,AST FIRS -&1v 11n //c -e I \Bid 11 h �5z ow OWNER'S ADDRESS 3 OWNER'S E-MAIL ADDRESS � 1( 5-( el (4ve CITY STATE ZIP 3 60 PHONE NO. el-f� R 4. ARCH ITECT/DES I GNER'S NAME LAST rIRTT LIC. NO. ARCHITECT/DESIGNER'S ADDRESS 7= ARCHITECT/DESIG NER'S E-MTIL �ADDRESS CITY STATE ZIP PHONE NO. F� 5. ENGINEER'S NAME LAST VIRST Y-�nl STATE LIC. N15, cg-" / 7 ENGINEER'S ADDRESS NGINEER'S E-MAIL ADF-R-ESS -�S-OD (A A --C4-6, STAE�� ZIP PHONE NO. �R R 6. CONTRACT 'S NAhf rY-1. LIC BUSI ESS . ?�t =-? STATE LIC. _sz- / 6 No. CON ACTOR'S ADE)RESS (?6 le 11,;5, CONTRACTOR'S E-MAIL ADDRESS C STA�� ZIP PHO -P4Q, OFFiCE USE ONLY A 2 L) PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. JUN 0 9 2005 PLAN CHECK FEE $ OCCUPANCY - GROUP PLAN CHECK ENG. orms ij�app ca on lu-lu�uz Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass surveY policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hloffman, National Marine Fisheries Service, (562) 980-4043, or William Pazuokas, California Department of Fish & Game, (858) 467-4218), si�-- Name: 1509 &151133 East Bay Ave., Newport Beach (common reference) Survey Contact, Lark , e-mail) Sites (949) 675-1071 Permit Reference: (ACOE Permit No., RWQCB Order or Cem No) RGP #54 drographic System: ay, estuary, lagoon, or ,her) Lower Nen ort Harbor on: llxTqq (TM4 T,.t ff ��, fl.�— ��nnll level, attach , survey area map if Eelgrass �scriptiou of wmitted Work. =ribe briefly the work to conducted at The site unde permits identifted above) IN 00 JU.VU-- W 117 53.3983 Yes, Eelgrass was found at this site. Eelgrass was not found at this site, Maintenance dredging for boat slips. Sand pumped to idjacent beach. 2 eseription of Site: epth range: J1 describe the physical and I +3'to -10'MLLW iological conditions within e survey area at the tune of e survey and provide insi P -S varh*"Y' if k"W11, lease provide units for all numerical informatioR). Eubstrate ype: Sand inperature: 16.4 C Unity NA ID—ominant I Ora., one Mussels on dock floats, ['Otte peciev encountered: None Other 8fte otes." None 2 e escription of Survey urv�y date fs f ffort: 0 nd time June 7, 2005 1230-1320 (please describe the surveys (p eriod: onducted including type of 0 a U urvey (SCUBA, remote r idw; etc.y'and-survey- em I th4 iethods employed, date of [ avAl-sunzeydens4y estm estimated percentage of the ottol ottom actually viewed). escr escribe any limitations en encountered during the 'on ur'le, urvey efforts. Horizontal vi . sihility jn 3' Water." u7wy type ui nwthods SCUBA survey asing 5' grid pattern U'r=n el: it k Sites turmy ens4: Over 70% kurvey Mitations: Poor visibility hff*rM_afiVIt._ use this space to provide any I .. 'a ' +2.8' MLLW ebb tide infQnnatiomor eferences to attached 1 aterials s as maps, Drawing attached olu, etc-) ,eports, etc �Fuch Ealgrass Survey Reporting Form (version 1.0, 6/17/03) 3 CITY OF NEWPORT BERCH CITY OF NEWPORT BERCH 'j /;!Pn0Rr �FNEL P,9c,rrlc OCE-RiV VICINITY MRP Harm MY. M-TONM ,6-0.91 TF 'd 3 OFi IND =1 r f 11-7 ITEM EFgr PROF I LE JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DEN OTE IEEnVATIONS BASED ON MEAN LOWER LOW WRTER. I !RP�PLLICRNT'S NR(ME jo ` L T 2 Z -/n -e L4 31 ie - vKIhA. SOV4VC00st Re 3ion "O -Y c, e C, JUN 2 3 2005 IV 0 jc" L CALIF:ORNI VICINITY SKETCH So' AL SSRD402� OAY, CA4 COAST 'f)/0 54-4-5,04140np Oro 4.4,Q,-cFScr4' in r,,i qoelgw 41V0,17 10,ver 40w err. Tns Ar I/ 'vew 11=1.4 At 1-y� ,��Vxj,woiffly 3'46 10 i'le 3 ')c 2' kelvcoe are �olobl(5hc "A;s 5,rcJ,,,,or (o �,)(j W P1 6Y T f (6 (j. 15. Pba�*-e+ VlAf, 3 pile EEL GRA86 1:,..)PECTION NO EEL GRASS WITHIN 15 --OF PROJLU;- EEL GRASS IN THE �ROJECTAKA g6peikt4 tic,, S I V, I/ "y !T pier C', rz.hfomia , -tal Commission SIGNATURE I.,.hratimb ce APPRO#41 � jl,�" PERMIT# DATE Permit N --- --------------- �6# By AYF HARBOR R FFFECrIVE q I)ate: ------------------- --- OPN -1-,-6-T —34v --sq7; a- 30 36, 31) EjA Jell v 7 . L -7.* 7 XkAo,"� A4 Af $S AV STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 1 Oth Floor LONG BEACH. CA 90802-4416 www.coastal.ca.gov Date: September 20, 2005 Permit No. 5-06-241 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number .which was sent to you on August 25, 2005 and was reported to the Commission on Friday, September 16, 2005 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executiv P -P) rector By: LAURWbA OWENS Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-241 200 Oceargate, Suite 1000 Long Beach, CA 90802-4302 Date: August 25, 2005 (562) 590-5071 Page 1 of 6 (a Fri 3d ADMINISTRATIVE PERMIT APPLICANTS: . Michael Blower PROJECT DESCRIPTION: Remove and replace existing "U" shaped floating dock system with same consisting of: two (4' x 48') fingers, 4' x 24' backwalk and replacement of existing Xx 20'gangway with Tx 24'gangway, replacement of 1 O'x 14' pier platform, two 14" "T" pilings, three 16" concrete guide pilings with same and 4' x 10' approach including use of Douglas fir for decking. PROJECT LOCATION: 1513 E. Bay Avenue, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, Serternber 16, 2005 9:00 a�m Wharfinger Building I Marina Way Eureka, CA (707) 268-1j 1. - - I --- ---- IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 131 50(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. -PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analyst 5-05-241 JBlower] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the. permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the, terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date, Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. TheseJerms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners andpossessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continuedl: The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624,; qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proffiect Description The subject site is located at 1513 E. Bay Avenue in the City of Newport Beach (Exhibits #1 -2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of an existing "U" shaped floating dock system with same consisting of: two (4' x 48') fingers, 4' x 24' backwalk and replacement of existing 3' x 20' gangway with 3' x 24' gangway, replacement of 10'x 14' pier platform, two 14" "T" pilings, three 16" concrete guide.pilings with same and 4' x 10' approach including use of Douglas fir for decking. The dock project will be used for boating related purposes.to serve a single-family residential development. The site has been surveyed by the City of Newport Beach,Harbor Resources Division for eelgrass and no eelgrass was discovered within 15.feet of the project area. In addition, Special Condition 3 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of, time (until the next growing season for STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-05-241 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: August 25, 2005 (562) 590-5071 Page 1 of 6 (a Fri 3d ADMINISTRATIVE PERMIT APPLICANTS: Michael Blower PROJECT DESCRIPTION: Remove and replace existing "U" shaped floating dock system with same consisting of: two (4' x 48') fingers, 4' x 24' backwalk and replacement of existing 3'x 20'gangway with Tx 24'gangway, replacement of 10'x 14' pier platform, two 14" "T" pilings, three 16" concrete guide pilings with same and 4'x 10' approach including use of Douglas fir for decking. PROJECT LOCATION: 1513 E. Bay Avenue, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become:effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Fridav, September 16, 2005 9:00 . &ra Wharfinger Building I Marina Way Eureka, CA (707) 268-185,F 1___1 --- ---- IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. PERMIT EFFECTIVENESS FROM THIS OFFICE. -PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Analyst 5-05-241 -[Blower] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, isreturned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed ina reasonable period of time. Application for extension of the permit must be made prior to the expiration date, 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the pernnittee to bind all future owners andpossessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: Seepages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PIRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The subject site is located at 1513 E. Bay Avenue in the City of Newport Beach (Exhibits #11-2). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #3) involves the removal and replacement of,an existing "U" shaped floating dock system with same consisting of: two (4'x 48') fingers, 4' x 24' backwalk and replacement of existing 3' x 20' gangway with 3' x 24' gangway, replacement of 10' x 14' pier platform, two 14" "T" pilings, three 16" concrete guide pilings with same and 4' x 10' approach including use of Douglas fir for decking. The dock project will be used for boating related purposesto serve a single-family residential devel , opment. The site has been surveyed by�the City of Newport Beach Harbor Resources Divis! o . n for eelgrms and no eelgrass was discovered within 15 feet of the project area. In addition, Spec ial Condition 3 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for 5-05-241 -[Blower] Administrative Permit Page 3 of 6 selgrass and 90 days for Caulerpa.taxilfolia), If construction does not occur within the respective time periods, subsequent surveys will be required. Special Conditions 2 and 3 identify the procedures necessary to be completed prior to beginning construction in the case the surveys expire prior to commencement of, construction. In addition, Special Conditions 2 and 3 identify.post-construction eelgrass and Caule.rpa taxifolia procedures. Public access to the bay is available a half a block south of the project site along Balboa Boulevard where there is an existing walkway/bikewiy/accessway and also approximately four blocks southwest of the site along Ocean Front where there is another walkway/bikeway/accessway immediately adjacent to the ocean. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used, The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use� The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damagind alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, qaulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualit T.0e proposed work will be occurring on, within and adjacent to coastal waters. The storage or p jacement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Executive Director imposes special conditions requiring, but not limited to, the appropriate storage and handling of constru6tion equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Executive Director requires the continued use and maintenance of post construction BMPs. As conditioned, the Executive Director finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures. available that would su0stantially lessen any significant adverse effect that the activity may have on the environment, T herefore, the Executive Director finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act to conform to CEQA. 5-06-241 -[Blower) Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: Water Clualit A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any an d all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the interticial zone. (4) If t " urbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as . soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) In the approved dock,and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In-watertop-side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will 5-05-241 -[Blower] Administrative Permit Page 5 of 6 be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Eelgrass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval.of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion *of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation:! m pact). The exceptions to the required 121 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5-05-241 -[Blower] Administrative Permit Page 6 of 6 3. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifbY6 is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive, Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPPACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing G:\Admin. PerrnitsTOW2005-09k5-05-241 (Blower) NB Dock LO.doc SEE r -pp ---------------- I- 0 2AUP& I 5, 14C ..... . . . . . . COASTAL COMMISSION EXHIBIT # PAGE I OF I dvmw Am 2z RECEIVEX) soufh Co ast Re9ion Jum 0 CU05 :Z. CE !l? CALIFORNIA C SIAL (-C)MA.41SSIO Q� ,zk CQ A Q j '< , Q: cc LQ oc ZZ 0 c\j Qz k 1�c ,Z) CZ 047, & U) COASTAL COMMISSION EXHIBIT # 2 - PAGE I OF I itC South COC191, gibn - - --------- JUN 2% 3 2005 CALIFORNIA i N I!T'Y-. 5;< E t C H ION N, ,,pp (fd,��TAL COMM155 P:A,(, cAi wokwA L Ye, dj�*Oble, 5h,:l le CA ex il5,� �O �,o 2- — T�, �e, Rol 3 41 EEL GlRAS�.INSPEOT!Ow NO EEL dRASS WITHIN 15' OF PROJE� 2 EEL GR.ASS IN THE PROJECT AREA rV?,/ ormnissian t I C coas a Z4 I ROV 2w PERMIT I i3v VermitNo ----------------------- By: -------- -------------,.---- HARBOR RESOURCES DIV. 8 A Y1 AYE EFFEMV�, cl j. ET Z" 4-Q 1.7 5 7 9 i td I A iJ) COASTAL COMMISSION 7' EXHIBIT # PAGE —OF I m go g;414'p'' " id"', - - lit ti REPLY TO ATTENTION OF: Office o f the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2323 October 5, 2005 Michael Blower c/o Swift Shp Dock & Pier Builders Attentiom Beth Swift Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627-3405 Dear Mx. Blower: Reference is made to your request of August 11, 2005 (File No. 200501925-SJH). Linder the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are hereby authorized to replace an existing U-shaped floating dock with a new U-shaped dock consisting of two 4 -foot by 52 -foot fingers, a 4 -foot by 20 -foot backwalk, a 3 -foot by 24 -foot gangway and three 16-mch concrete pile, and relocate the existing 10 -foot by 14 -foot pier, 5 -foot by 20 -foot pier extension, and two T -pile bayward of 1513 E, Bay, within Newport Bay, in the City of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Pem-lission (LOP) indicating that he/she agrees to the work as described and will comply with all conditionsi One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of conunencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you -are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331, The complete appeal process is diagrammed in the enclosed Appendix B. n-iank you for participating in our regulatory program. PERMITTEE Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch DATE California Regional Water Quality Control Board Santa Ana Region Alan C. Lloyd, Ph.D. 3737 Main Stieet, Suite 500, Riverside, Califlumia 92501-3348 Arnold Schivarzenegger Agency Secrelary Plione (951) 782-4130 - FAX (951) 781-6288 littp://www.watci*boards.ca.gov/saiitaana Gom-nor June 30, 2005 Beth Swift jut 2005 Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, MICHAEL BLOWER, 1513 E. BAY AVENUE, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers detennine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact me at (951) 782-3288 SincFre J. Sharm Water Resources Control Engineer cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen County of Orange, County Property Permits Division — Patricia Bigger JIS/blutag2521et California Environmental Protection Agency % 412, Recycled Paper BUYERS' HAREM) ArFKOYIED BY: OCHO El— ERG El— councli, PUBLIC WORKS DEPT. ESCROW INSPECTION El .. 11TIONS: THis Pzft-m-[Tls MUNICIPAL CODE. ADDRESS.Or FACILITY- -T-- PERMIT It 0 ATE N IS HERE MADE TO TRANSFER HARBOR PERMIT btl-LERS' NAM is) lqc rd BUYERS' �AM`E(S) N6*1�13 TO Be TypED) 7114 Up - Blower 'SIG. RKOrSE- . . [LE -1 Try SIGNATURE OF BUYER OF SELLER ST"ITUll OF foF soorh Tadd IGNPI,TURE OF YGIWr �OWNER APPLICATION APPfJOVED A�ILI'Cly HARIOR�ClnomikrAwL — BY THE C, - - - - —um�l" IN ACCORDAN, CITY OF NEWPORT BEACH, CALIF. FORM 46-.012 0-0 -**, MARINERS f(Q) ESCROW CORPORATION IWOW S"I'AmeftbLIN t%s,&A City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: LES Re: Permit No. 109-1513-1 Enclosed please find the following: Our check for $162.00. SIGNED Pier/Slip Transfer Card 190 Newport Center Drive, Suite 250 Newport Beach. California 92660 Post Office Ho. 8809 Newport Beach. California 92658 Phone 014) 64M040 Fax (714) 721-8157 Date: January 12, 1998 Escrow No.: 15082 -MS Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Cpxporation A�� Pam Amburgey for Marilyn Sauter Escrow Officer CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 9, 1997 Mariners Escrow Corporation P.O. Box 8808 Newport Beach, Ca. 92658 RE: Harbor Permit 109-1513-1 for 1513 East Bay Avenue, Newport Beach, Escrow # 15082 -MS Sirs: Regarding a pier permit transfer for the above mentioned property, the structure was inspected on December 9, 1997, at which time it was determined that it conforms to City standards. Once we have the Transfer Application card, with both the buyer and seller signatures, and the remaining $163 for the transfer fee, the permit will be transferred. Sin W ?� � - Harbor InsDec or 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 14, 1997 Mariners Escrow Corporation 190 Newport Center Drive Newport Beach, Ca. 92658 Re: Harbor Permit 109-1513-1 for 1513 East Bay Avenue, Newport Beach Escrow # 15082 -MS Sirs: The City of Newport Beach Fire and Marine Department has received a request to transfer pier permit 109-1513-1 for the above mentioned property. The facility was inspected on November 14, 1997. We cannot transfer the pier permit until the following deficiency has/have been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. This requirement is in accordance with Title 17 of the California Administrative Code. 2. The electrical outlets on the dock must be GFI or twist lock receptacles for use in a water environment. The Newport Beach City Council Harbor Permit Policies state: 10. D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All deficiencies must be corrected prior to transfer of the permit." PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. Please call 644-3044 to request a re -inspection. Wes reA*Wz Harbor Inspector Aftwal", wlj/ �_ 3300 Newport Boulevard, Newport Beach 0 4005% MARINERS ESCROW CORPORATION City of Newport Beach Marine Division Newport Beach Pier Newport Beach, CA 92658 Attn: Wes Armand Re: 1513 E. Bay Ave/ 15 10 E. Balboa Blvd. Dear Wes: 190 Newport Center Drive, Suite 250 Newport Beach. California 92660 POST Office BOX 8808 Newport Beach. California 92658 Phone (714) 640-6040 Fax (714) 721-8157 Date : November 6, 1997 Escrow No. : 15082 -MS Please find enclosed our check in the amount of $163.00, as partial payment of our request for a pier inspection/pier transfer. Please complete inspection and advise us of your findings. Thank you. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Corporation alyw Sf MW DREDGING APPLICATION Project Location: 1509 E. Balboa Blvd. .-,abic Yards to be Dr 150 1 - edged: Method of Dredging: Nature of Dredged IMateriali. 9m "i /e 4 1 Disoosition of Dredged Material: Method of Material Disposition: T-_--biditv Control Method: __-_ct of d-redging on contiguous buIRheadirg and beaches Rein-force/Drotect-bulk.he d-resto e a -A 4- 4-1 Mark Sites herebY State that 1 have read the Arm", print name) Cor=s of Engineers Pe=it for zma4ntenance d-redgir.- i. -I C-4ty of Newport Beach and Orange County Hazbors,seaches a -A n.zks D�stX4_� (if applicable) permit for main 6 - tenance dredging and th-at,_7 ac-cen�- =dvisions therein. Additionally I guarantee that the mroposed dreda�-c � -I.. 'will not occur because of any altering of ex-4st4ng use of the aEfead Zone. Charles P. Cotton Ipp Icant-type name) 3/12/93 (Date) _��Co_nzrac�tor--,7��7; �-name)�� S -Igned: C 49 Represe-ta�tive 7* Loe �� F-- l'-- r= 15,CAIr.- f.40' elt VICI �J I TY S K E TC H N --PCW- 541, CA� F 14!.. - f. - aAY AVE 4 V F- K, E%10,6. woop WALA. 50. -- ? i --- I !W1 �o Iv, j ro^ge aAY AVE 4 V F- K, E%10,6. woop WALA. ---- ---------- 50. -- ? i --- I !W1 �o Iv, j ---- ---------- S )q Z S46T DAL&O MVP ZOA-1__A C Mek CI FY OF NEWPORT BEACH HARBOR PERMIT PER MISSION 'IERTERY GRANTED TO CONSTRUCT AND MAINTAIN THJSFAC SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IN ACCORDANCE T - UNVIPAL-�;ODE. 0 ,8PrCMqL CONDITIONS: Corns Of Ereiwnra PermIt Qrarg;e� Couag Nrmlt Mer "RMIT ISSUED SUBUECT To "":DGSIOAVIRIAL BEING �tKVUK QUORDINATOR 14AUIF�-)TOSEA— PERMIT NO, DATE PLACED ON BEACH P,. AIT NO� W-1 t/30 DREDGING APPLICATION Project Location. 1513 East Bay Ave. Cubic Yards to be Dredged: 500 method of Dredging.-.__ Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material. Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to disposal f ill area. Turbidity Control Methodl Filter screen around discharge site, if needed ... ........ Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead LaVerne Harris herqby state that I have read the U4 S, Army (print name'F Corps of Engineers permit for maintenance dredgingin Newport Uarbor, the, City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept ali the provisions therein. Additionally I guarantee that the proposed dredgin.,.-I will not occur because of any altering of existing use of the, afrecud zone. Richard Booth Newport Dredging Company —c --?Co 6/11/84 (Date) Signed ReVresentativc! r IV VICIN)TY 5KETCH A 11—PoRr E�AY CALiPoRNIA 5 lv� Ore 6elo� 4awo� 4ow ?cog& /, /,*&, o4imvalx AV Ore c YQ611*5),ejl��,�� Y? "*;s scc�,,, 'OPA/,, rA r] r-1 FI F1 LI .. 7 14, LA e4 vii'le, 9 44 lei OF NEWPORT iaac�g HARBOR PERMIT PERMISSION IS HERESY GRANTED TO CONSTRUCT AN2 MAINTAIN THE FACILITY Skowj ON -r�,,E FEVERSE HEREOF AT THE SITC UIZICATED .-H. THE HARBaR Pr?VWT 6 - PROViSIONs w CF "WPORT REACH Ang ANY SPECIft. IS NOT Tr'ANSFr.r,!A8L;' THIS PE,4r/j� THE Cqy HARBOR C d NT 0� >t"-fj4Z �:4; k,�T'y rOUNCIL. Tj! RlrHTS GwEN UNDEa I'Mr vV,flM?T ARE PERmISSIVE: OWL AND THIS PEWMT WAY CE R IN ACCOR EVOKED UY THE CfTY COUNc.L DANCE WITH TITL! I.XldF THE MUH oil r 61TY HAZOR Co RDffjXT ,., , j � bll. ec.*,LL CONDITIONS: 'OEngineers Permd Cq.,,anga County 136rinit Other &�" �� PERMIT ISSUED SUBJECT To OPEDGE ON" BEA June 27, 1983 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH Marine Department MAYOR AND CITY COUNCIL. Marine Department Item No. 1-2 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 ArnW Corps of Engineers. 2. 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 Q.00 MLLW. Discussion: This application was Originally before the Council on April 25, 1983. At that tine the applicant requested that it be pulled from the Agenda and continued until June 27, 19B3. 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, Qayward 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 Commi ' ttee and for the reasons lisled above they recommended that it be apprQved with the statedpnditions,. DAVID HARSHBARGFR, Marine:Director TONY�M- M, T delands Admi6istrator TM:db CITY OF NEWPORT BEACH Agenda Item No. F- 16 Marine Department April 25, 1983 TO! MAYOR AND CITY COUNCIL FROM; Marine Department, SUBJECT: HARBOR PERMIT APPLICATION 109-IS09 and 109-104 BY DICK BOOTH AND CHARLES COTTON TO BUILD A:70.FUOT- WOODEN RETAINING WALL BAYWARD OF BOOM EAST BALBOA BOULEVARD. Recommendwrion; If desiried, deny the ipplication. Discullion: . ... . This ap I pl Ication is,before the City Council as required ti:itttiori I&A , of the Harbor Permit Policies which states: "All bulkheads In residential districts shall beAhstalledon the established bulkhead1ine or at a location behind the bulkhead line that would preserve the.design profile of the harbor: Anjretaihinq or ornamental wallAnitalled landward of the bulfhead line shall be considered a, bulkhead if it also serves to contain $he waters of the harbor and , shall be processed -in the same nonner as if it were an the bulkhead lin, The Marine Department may issue permits for bulkheads, between U.S. Bulkhead Station Numbers 112-109 not to exceed the baywafd side of the "Vacated East Bay Avenue". Concrete bulkheads and wooden re- taining Wall structures proposed to be constructed baywaro qf. the bayward most line of Vacated East Bay Avenue shall be subject to City Counci I approval.7 In .1973 IN Council amended the above quoted section of the Rolicl, and made: findings th'at lulkheads along the easterly portion of the Balboa Peninspla shou&be at a location that would preclude sand fill over an Inter-ti.04 zone that was subject to the ebb and flow of the:tide. 1n additicQ it has been Council's desile to retain exiiting sandy slopi pp>eacheq, F QW! F, OF- The applicants are proposing a wooden retaining wall approximately 17 feet bayward of the bayward most line of Vacated East Bay Avenue. Tb allow the applicants to locate the wall in the proposed location w9uld require fill over an inter -tidal zone and would reducaa sandy sloping beach, both of which results would be in conflict with the Councils' past findings. David Harshbarger Marine Director. Tony M uIn TIdelands Wrinistrator I TM:db T:z) 1.:= I zl� r�.. 1p, I I c I m I -ry '5;< E T c % � _ .... .... ... ,,I 1 4 ........... r�.. 1p, I I c I m I -ry '5;< E T c ;r 5 10 Lj Os ;� f � A ----------- -- % � _ .... .... ... ,,I 1 4 to, ;r 5 10 Lj Os ;� f � A ----------- -- CITY OF NEWPORT BEACH Agenda Item No, 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. Recownendation. 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 foq 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 consiructed 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. 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 Director, Tony 'Mzl URI Tidelands Administrator fM: db . C/ r 117 F241 1=2 win 1 I h - ps, v I I C I AJ I T 1' 03 PC E T C 44 qo�'Oar 5-t So a q co , c 1 0', MA.'essev, V�, —IMIll 0&0 - a pew-- Alcaq L4"e' Poore -00"VA,=M, ore �' ,, ';�' , " ;� -.'a 1� - Fri 04; V-A' io VION, UJ 5,8r( AVE�qoe aa, f2 I"-" r, n5 4 I-I.R- 15?15� FA67 LW--PzA FVt2 10 TO win 1 I h - ps, v I I C I AJ I T 1' 03 PC E T C 44 qo�'Oar 5-t So a q co , c 1 0', MA.'essev, V�, —IMIll 0&0 - a pew-- Alcaq L4"e' Poore -00"VA,=M, ore �' ,, ';�' , " ;� -.'a 1� - Fri 04; V-A' io VION, UJ 5,8r( AVE�qoe aa, f2 I"-" r, n5 4 I-I.R- 15?15� FA67 LW--PzA FVt2 10 DEPARTMENT OF THE ARMY LOS ANGEELES DISTRICT, CORPS OF FINIGINEERS P. 0. BOX RV I Lot ANGELES, CALIFORNIA 00053 SPLCO-N 14 July 1975 Mr. Dick Booth 1513 East Balboa Boulevard Balboa, California 92660 Dear Mr. Booth: Reference is made to your request of 3 July 1975 (75-158). Upon the recommendation of the Chief of Engineers and under the provisions of Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized by the Secretary of the Axmy.to remove existing pier platform 9' X 10', and gazebo at 1513 Balboa Blvd., Lot 7, Block 24, Pacific Ocean, City of Newport Beach, Orange County, California, as shown on the attached drawings and subject to the attached conditions (a) through (Q. Notice of the commencement of the activity must reach this office at least five (5) days before the activity actually starts. Please use the inclosed forms. 1. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 1 Incl JOHN Vv FOLEY Work Status Forms (dupe) CAL, CE District Engineer Tok 17m:"Ilb SPLCO-N CF: U.S Department of Commerce, N.O.A.A. National Marine Fisheries Service Southwest Region 300 South Ferry Street, Room 2016 Terminal Island, CA 90731. U.S. Department of the Interior U.S. Fish & Wildlife Service Division of River Basin Studies Federal Bldg., 24000 Avila Road Laguna Niguel, CA 92677 Environmental Protection Agency Region IX ATTN: Permits Branch 100 California Street San Francisco, CA 94111 California Department of Fish & Game ATTN: Environmental Services Supervisor Marine Resources Region 350 Golden Shore Long Beach, CA 90802 -- Resources Agency of California Resources Building, Room 1311 1416 Ninth Street Sacramento, CA 95814 I -City of Newport Beach Mariae Safety Dep a): tine nt- 70 Newport Pier Newport Beach, California 92660 1.4 July 1975 4r Al 'T. 6- 1-01 PR o A:'l L E 1"� -So' ViCIN)TY -SkETCH 9401 Na.poar DAY CAL WORNiA below Lower Zow ro� ' ge .'I- 1'&' /0 44ffil. 'Ya'bo' 4nes Ore d , iablfshed J4 5'icboo o'I'/VOW'po,/ EK; 1+11%�' 8AY �AYE )I CI 3W cr -1 �"j 9 let 8AY �AYE )I CI 3W cr -1 �"j ----I --------------- L 4 D'i c k Fa an, 74 V4BcK, Zq 22kAcr j. ss I Sit Eo,;t 13alb6^ v COA?;r. PERMIT NO. 109-1513D DREDGING COMPLETION CERTIFICATION I hereby certify that 100 cubic yards of material were dredged adjacent to 1513 E. Balboa Blvd. (address and that the material was disposed of at sea, Latitude 33031'42"N, L?n iMdg 117*54'48"W. lq3 , 0 n and/or description) ()�J Q ard P. Booth pp,JP1 can F� type nam-67— Januar�_ 16 _x 1975 Date) Shellmaker, Inc. (Contractor -type name) Signed: (A 4, ) C(Shtra-c—tor Representative PERMIT NO. 109-1515D DREDGING COMPLETION CERTIFICATION I hereby certify that 91 cubic yards of material were dredged adjacent to 1515 E. Balboa Blvd. and that the material was dispo (address) sed of at sea, Latitude 33031142"N, Longitude 117*54148"W. (location -a-n-d7c- Gordon B. Crary, Jr. (Appli7a-Ln-t---t-yp-e---na-Lm-e7— Janua 14 1975 -L !�D`ate�� Shellmaker, Inc. ( C o E ETa-c -tO-r-- -ty-p-e - nFam-e Signed- h )Yn Contractor' s - Representative Ln STATUS SHEET HARBOR PERMITS LOCATION New Revision Dredging_ Date Rec1v -7- -3 Fee Amt. Fee Processed Date Reviewed by M.S.D. -7-3� Approved Denied Correction Req1d. Desc. City Council: Remarks 1. Application 2. Consent Letter 3. "Waste" Letter 4. Drawings 5. Staff Report 6. 7. ff a W �311 Approved Denied DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCD J.H.C. Or.Co. T.I.C. 7-V r I march 28, 1975 Richard Booth 1513 Z. Bay Front Newport Beach, Calif. Dear Sir: CITY 0',,:1 N 3,1W "', 0 CA MID 3 R N 1A Guy KA! 3300 W, N�wport Blv(:. AreaJCo,ic 673-1110 Pier Permit # 109-1513 for the pier and slip facility located at 1513 E. Bay Front is registered to C. S. Mead. The annual pier administration billing was returned to our office. Upon checking with the City's Finance Department, the above property is listed to you. If you have purchased the property, we will need a harbor permit transfer application and corresponding $100.00 fee as required by City ordinance 17.24.6SC. At your earliest conveniencyt please advise this office if you "ave acquired this property so that the necessary transfer can be accomplished. Sincerely,. Glen E. Welden Marine Affairs Aide Marine Safety Department GEW: If 2 xx 174/ 110 YC iT Y 117 ez, October 29, 1974 TO:. FROM: SUBJECT: Recommendation MARINE DEPARTMENT MAYOR AND CITY COUNCIL Marine Department ITEM NO.; H-13 HARBOR PERMIT APPLICATION FOR MAINTENANCE DREDGING PERMIT NUMBER 109-1513 If desired, approve the Maintenance Dredging Harbor Permit application. Discussion This application requires City Council.approval under the condition S of.approval of the City of Newport Beach "blanket" permit for main- tenance dredging issued on February 12, 1974, by the U. S. Army Corps Of Engineers.. The location and applicant of the proposed maintenance' dredging application is: 1513 E. Balboa. Blvd. - Mr. Richard Booth The staff has reviewed the proposed dredging and has determined that the work to be done is within the parameters of this Corps of Engineers permit. There is no anticipated adverse affect on Proximity beaches or contiguous bulkheads. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material to the Environmental Protection Agency's designated disposal site, four miles at sea. R. E. REED, DIRECTOR Z,2 D. Harshbarge Assistant Director Marine.Department Tidelands operations Division DH:GEW:lf PERMIT D DREDGING APPLICATION Project Location:— 1513 E. Balboa Blvd. Cubic Yards to be Dredged: Method of Dredging:. Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Haul to sea and dump at Latitude 33031142"N Method of Material Disposition:- Barge to sea Turbidity Control Method: Material to be contained in Dump Barge at dredqe site. Effect of dredging on contiguous bulkheading and beaches None I, Bill Harris hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Richard P. Booth (Appiicant-type name) SeT)tember 6 1974 (Date) Shellmaker, Inc. (Contractor -type name) Signed: 7T� Co—ntracto Representative �MARINE DEPARTMENT October 29, 1974 ITEM NO.: H-13 TO; MAYOR AND CITY COUNCIL FROM: marine Department SUBJECT: HARBOR PERMIT APPLICATION FOR MAINTENANCE DREDGING PERMIT NUMBER 109-1513 Recommendation. If desiredf approve the Maintenance Dredging Harbor Permit application. Discussion This application requires City Council approval under the conditions of approval of the City of Newport Beach "blanket" permit for main- ,tenance dredging issued on February 12, 1974, by the U. S. Army Corps of Engineers.. The location and applicant of the proposed maintenance dredging application is: 1513 E. Balboa Blvd. - Mr. Richard Booth The staff has reviewed the proposed dredging and has determined that the work to be done is within the parameters of the Corps of Engineers permit. There is no anticipated adverse affect on proximity beaches or contiguous bulkheads. Shellmaker, Inc., the dredging contractor, will minimize turbidity as much as is possible and will barge the dredged material to the Environmental Protection Agency's designated disposal site, four miles at sea. R. E. REEDt DIRECTOR Z,2 lep�wll� Do Harshbarge , Assistant Director Marine.Department Tidelands Operations Division DH: GEW: lf. Cl r NCjW,'WOpr dC,4CAV 0 !�� " T AM c m L, � .1.4. my I ri , ViCiNITY 5;<ETCH "gwPoRr BAY C� IFoaNjA I iff'r 0'a WAOecssad r,,,, below �fca� zow" 40� Ma"Ve. Ala,,�m H6r6o, 4�C3, K--7,'. —4; Qre cayob/(She, oyrvdw ly CCL 0-: 2 A4 7AA --7- ga I ?-L-7q CITY OF NEWPORT BEACT. A. HARBOR PEMMIT PERMISSION IS HCREPY CRAIATU) 'F0 �.,P:,'�TMJCT PNV- MAINTAIN THE: FACILITY SVa'-i'Vi lE"ZCF AT THE SITE —V S 0 THE HAV!30�! r P '.:�;Va!l AN ANY SPF�i.LIAL IS NOT lf.'A?,� Y,'!T THE ci*ly VA7,LcjP �7.:, 4 WGHTS GXE�. ?.F:;: i Omf AND TEIS V,ViNA �- MA "-t -il,� IN ACCORDANCE WhTkg '.i�Lz�/A7 'D XITY/MREI la TCZ��,.ATOR ZO & /�73 /2 - -79. PERMIT NO. ii47 Grango E;Juv;zy pOrmit Other. 1%�'UIVNAL WATER QUALFly CONTROL BOARD- SP,NFA 1ANA RMON 6633 INDIANA AVENUE, SUITE I RIVERSIDE, CALIFORNIA 92506 PHONE, (714) 6"?330 October 18, 1974 City of Newport Beach Marine Safety Department 70 Newport Pier Newport Beach, CA 92660 Attention: Glen Welden, Marine Affairs Aid Subject: Proposed Maintenance Dredging 1. .621 Lido Park Drive 2. 1000 W. Bay Avenue 3. 28 Harbor Island 4. 816 West Bay Avenue 5. 1209 N. Bay Front, Balboa Island 6. 1513 E. Balboa Blvd. 7. 735 Via Lido Sand, Lido Isle After a reviewafthe above maintenance dredging applications and the barge dewatering procedures to be followed in the performance of this construction, we grant our clearance. If there are any questions regarding this matter, please contact this office. Stephen D. Herrera Staff Engineer SDH/sam STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Govermr CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD -- SANTA ANA REGION 6833 INDIANA AVENUEr SUITE 1 RIVERSIDE, CALIFORNIA 512506 PHONE: (714) 684-9330 September 19, 1974 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA .9266o ATTENTION: Glen Welden Marine Affairs Aid SUBJECT: Proposed maintenance dredging at-. 1. 735 Via Lido Soud, Lido Isle 2. 1513 E. Balboa Blvd. Until we are able to review in the field the barge dewatering procedures used by Shellmaker, Inc. and find them to be satisfactory, we will be withholding our clearance on the subject and all future maintenance dredging operations. Although Shellmaker is not presently conducting any barge dewatering of dredge spoil, they will be notifying us when such operations will again commence. The review will be made at that time. If there is any question regarding this matter, please contact this office. t-�-4L� lb - 4, Stephen D. Herrera Staff Engineer cc: S.hellmaker, Inc. — Attn: Bill Harris Corps of &gineers — Attn: Ted Yee SDH/mae