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BUILDING DEPARTMENT
PLEASE PRINT OR TYPE
1. PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO-.
LEGAL DESCRIPTION
LOT BLOCK TRACT
No. UNITS
CITY STATE ZIP
2. DESCRIPTION OF WORK X 1<,-D 7) C4,a 7-�� 2!2.W �7
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# OF STORIES
VALUATION $
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F-] 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
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Check Appropriate Box for Applicant
F -i 3. OWNER'S NAME LAST FIRST
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OWNER'S ADDRESS
OWNER'S E-MAIL ADDRESS
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CITY STATE ZIP
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F-] 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
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AR HiTECT/DESIGNER'S E-MAIL ADDRESS
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F-] 5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
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CONTRACTOR'S ADDRESS
CONTRACTOR'S E-MAIL ADDRESS
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PHONE NO.
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OFFICE USE ONLY
PERMIT NO,
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
FormsWidgapplication biz(iu4
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HARBOR RESOURCES -DIVISION
829 Harbor island Drive
Newport Beach, CA 92660
94M44-3034 I Fax 949-723-0589
Pier Permit Conditions
March 27, 2006
Property Address, 1709 E. Bay, Newport Beach, CA
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 it aware of the Harbor Permit Policies and Chapter 17 at the City of NewPort
Beach Municipal Code. The pler parmitlee 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 tails and work considered to be cosmetic
In nature does not require a permit.
3. The conditions set forth in this document pertalln to the current, proposed dock systern Under
consideration. Any future mod1ficallons 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 uzes are allowed on the pier, pier platform, gangway and float. Patio furniture,
plants eto.-are not purmitted.
5. The side property lines extend In the water along their same bearing. No moored vessel shall
encroach on these lines.
G. A moored vessel may not extend beyond the end of the fingers by more than the width of It's beam,
7, The Maximum width of a vessel permitted to side to to Me Outside, of thewest edge of the float 13 7'
feet.
0, The maximum width c(a vessel permitted to side tio to the easternmost edge of the float is Ir last,
Joint Pier Applicant Signature (if applicable) Print Name Date
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13EPARTMENT OF THF ARMY
LOS ANGELES oISTR=, CORPS OF ENGINEERS
P.O. BOX 632711
LOS ANCELM CAUFOAKIA 0000-=S
May 16,2006
KPILYID
A�Dmowm
Office of the Chief
Regulatory Branch
Chris Brigandi
Swift Slip Dock & Pier Builders
Attmtion: Beth Swift
2027 Placentia Avenue
Costa Mesa, California 92627-3405
Dear Mr. Brigandi:
T0:7230589
U.�'�'�
Reference is vocle to your request of April 11, 2006 (File No. 200600999-Sr14). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3, 1896 (33 US -C. 403), you are
hereby authorized to modify an existing floating dock strocture bayward of 1709 Bay Avenue
East in Newport Bay in Newport beach, Orange County, Calffornia, as shoA�on the enclosed
drawingr.
P.5
The owner or authori7ed responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agTees to the work as described and will comply with a Il
conditions. 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 d -ds office as to ffie dates of commencement (within 10 days prior to the start of
construction) And completion of the activity (within 10 days following the and 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 Fait 331. The complete appeal
process is diagrammed in the enclosed Appendix B.
7hank you for participating in out regula tory program
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
DATE
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APPROVED WLt�topice 317
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STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 145D
200 Oceangate. I Oth Floor
LONG BEACH, CA 90802-4416
www.coastal.ca.gov
Chris Brigandi Date: June 21, 2006
140 Newport Cent er Drive, Suite 1 00
Newport Beach, CA 92660 Permit No. 5-06-133
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sentto you on May3l,2006 and was reported to the
Commission on Tuesday, June 13, 2006 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive Director
C
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By: ANNE L. BLEMIKER
Coastal Program Analyst
cc: Local Planning Dept.
Swift Slip Dock/Pier Builders, Attn: Peter, Swift
C& CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000 Permit Application No.: 5-06-133
Long Beach, CA 90802-4302 T6d Date: May 25, 2006
(562) 590-5071 Page 1 of 6
ADMINISTRATIVE PERMIT
APPLICANT: Chris Brigandi
PROJECT
DESCRIPTION: Removal and replacement of existing boat dock with new dock consisting of 6' x
46'finger with a 6' x 6' lobe; 3' x 24'gangway; 10'x 14' pier platform� 4'x 26'
approach; two 16" diameter concrete guide piles and three 14" diameter T -piles
for pier platform. ,
PROJECT
LOCATION: 1709 East Bay Ave., 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:
Tuesday, June 13, 2006
10:00 am
Fountain Grove Inn
101 Fountain Grove Parkway
Santa Rosa, CA 95403
IMPORTANT - Before you may Droceed 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.
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
-1y: Annkle/imker
Title: Coastal Program Tnalyst
5-06-133 (Brigandi)
Administrative Permit
Page 2 of 6
STANDARD CONDITIONS:
1 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.
3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages 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 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. Proiect Description
The project site is located at 1709 East Bay Ave. in the City of Newport Beach (Exhibits #1-2). Single-
family residences characterize the subject site and the surrounding area. The proposed project
involves removal and replacement of an existing boat dock with a new dock consisting of a 6' x 46'
finger with a 6'x 6' lobe; 3' x 24'gangway; 10' x 14' pier platform; 4' x 26' approach; two 16" diameter
concrete guide piles and three 14" diameter T -piles to support the pier platform (Exhibit #3). Douglas
fir and Trex decking materials will be used. The new dock system conforms to the designated Project
Line.
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. The site has not been
surveyed for Caulerpa taxiffolia, therefore a pre -construction Caulerpa taxilfolia survey must be
conducted. These eelgrass and Caulerpa taxilifolia surveys are valid for a limited period of time (until
the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not
occur within the respective time periods, a subsequent survey will be required. If any eelgrass or
Cauterpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the
5-06-133 (Brigandi)
Administrative Permit
Page 3 of 6
procedures necessary to be completed prior to beginning any construction, Coastal public access is
available at the end J Street approximately 60' east of the project site. 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 applicant
has applied for a permit from the U.S. Army Corps of Engineers,
Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly
by the Commission in regions where the local government having jurisdiction does not have a certified
Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not
exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal
Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The
certified Land Use Plan may be used for guidance.
B. 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 damaging 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,
Caulerpa 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
The proposed work will lb�� occurring on, withiryl,or adjacent to coastal waters. The storage or
placement of constructiog! material, debris, or waste in a location where it could be discharged into
coastal waters would rest
in an adverse effect on the marine environment. To reduce.the potential for
construction related impa�ts on,water quality, ihe Commission imposes special conditions requiring,
but ri limited to, the app�ropriate storage and:handling of construction equipment and materials to
minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Proararn
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was comprehensively updated on October 13, 2005. As conditioned, the proposed development is
consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area.
Approval of the project, as conditioned, will, not prejudice the ability of the local government to prepare
a Local Coastal Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives or additional feasible mitigation measures available
that would substantially lessen any significant adverse effect that the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
5-06-133 (Brigandi)
Administrative Permit
Page 4 of 6
SPECIAL CONDITIONS:
Water Qualit
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 and 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 intertidal zone.
(4) If turbid 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 -water top -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 under water 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:
2. 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
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
5-06-133 (Brigandi)
Administrative Permit
Page 5 of 6
(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 th I a
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 she * 11 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: impact). The exceptions to the required 1.21
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.
5-06-133 (Brigandi)
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
S urvey:
(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 taxi/blia is found within the project or buffer areas, the applicant shall not
proceed with the project until I ) 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 RECEIPT/ACCEPTANCE OF CONTENTS:
IfWe acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicants Signature Date of Signing
H:�Staff ReporlsUuneO05-06-133 (Bringandi)Admin.doc
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24
AUG -10-2006 14:15 FROMWIFTSLIPDOCK.COM Oq9) 631-3122 TO:72:305e9
SWIFT SLIP
Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
(949) 631-3121
Fax (949) 631-3122
email: bhswlfto�llp@sbcglobal.net
www-s;wlftslipdock.com
March 30,2006
Adam Fischer
California Regional Water Quality Control Board
3737 Main Street
Riverside, CA 92501
Re: Chrjs Brigandi Boat Dock and Pile Replacement
170913ay Avenue East, Newport Beach, Orange County
Dear Mi. Fischer:
P.6
This is notification that we intend to replace the boat dock and pile at the above -referenced address.
We will not discharge vessel waste of any kind or adversely impact water quality at this location.
It is our intention to comply with all Regional Water Quality Control Board requirements,
1)
Applicant Name;
2)
Pro'ect Address:
3)
&plicant Telga4m:
4)
Scope gf Wo :
5)
Fegeral file numbe
6)
Latitude/Longitude:
7)
-AZphcable Fees:
8)
Statement :
9) Statement B:
Chris Brigandi
1709 Bay Avenue East, Newport Beach, Orange County
(949) 640-3610
Remove and replace boat dock wh�ich will have two 1611 pile and
three 14" "T" pile
Pending
-117,88920; 33,60035
Enclosed is a check for the application fee.
This notice is being submitted according to Regional Board General
Certification for sheet and dock pile replacement, issued on
September 29, 2005.
The information in this notice is complete and accurate.
Please contact our office if you should have any questions.
Very truly yours,
SWIFT SLIP DOCK & PIER BUILDERS
10
B�et swift
Permit Division
lbrs
Enclosures
cc: California Coastal Commission
U.S. Army Corps of Engineers
V/ 0 - 600,5 -
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
HAI BOR RESOURCES
CITY OF NEWPORT BEACH 'I
Wy Of- NEWPORT BEACH
BUILDING DEPARTMENT
PLEASE PRINT OR TYPE
1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR
SUITE -NO:
LEGAL DESCRIPTION
LOT BLOCK TRACT
No. UNITS
PHONE NO.
4. ARCH ITECT/D ESI GN ER'S NAME LAST FIRST
2. DESCRI PTION OF WORK ItVH ILf,W
U S E 1414,4-r
# OF STORIES
VALUATION $
SQ FT
I(NEW/ADDED/EXTG)
CHITECTIDESIGNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
ADD ALTER DEMO
L -7—A
Check Appropriate Box for Applicant
F-] 3. OWNER'S NAME LAS I FIRST
AC)
OWNER'S T769
OWNER'S E-MAIL ADDRESS
CITY STATI(j"4__ ZIP
PHONE NO.
4. ARCH ITECT/D ESI GN ER'S NAME LAST FIRST
LIC. NO.
ARCHITECT/DESIGNER'S ADDRESS
CHITECTIDESIGNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
F-1 5. ENGINEER'S NAME �AST FIRST
-;5; /-1 -2,-, / iy_ q; Y"
STATE LIC. NO.
ENGINEER'S ADDRESS L I
-2-5-0-0 1 A, -1/(o
L/l, "E�4 ,
I ENGINEER'S E-MAIL ADDRESS
1
CITY STAT�. ZIP
eHO NO
F-1 6. CONTRACTOR;"AME
BUSINESS LIC
STATE LIC.
No. 7q e5 'Class4
CONTRACTOR'S Apr
CONTRACTOR'S E-MAIL ADDRESS
CITC S Tl�
ql`�>_6_ -7
>
IPHONE
.1
OFFICE USE ONLY
PERMIT NO. t O� — V-1 01
TYPE OF CONSTRUCTION JAN 2 3 2006 PLAN CHECK NO. tol� 6, 2L&b�
OCCUPANCY- GROUP PLAN CHECK FEE $_
CITY OF NEWPORT BEACLAN CHECK ENG.
W21104
(;�_9
d.
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: Install new 46'x 6'float with 6'x 6'
lobe, Tx 24',qangway, 10'x 4'approach. Install 2 x 16" float pile and 3 - T pile
for the pier.
Address number must be stenciled on at least 1 bayward facing pile.
.Pier conditions must be signed by applicant prior to final approval.
LRr�oerty Address: 1709 E. Bay, Newport Beach, CA I
Legal Description:
lHarbor Permit Number: 109 -1709 ---------- I
0572-2006
jApplicant: B F Zg a 7ni 7-1
Applicant's Mailing Address: 1709 E. Bay, Newport Beach, CA
Phone Number: (714) 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.
Page 1 of 2
And
VThey comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any 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
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 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
guidelines adopted hereunder, this development:
w/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
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 affached
conditions to the pier permit.
Tom Rossmiller, Manager, Harbor Resources
Signature:
Mike Ure, Harbor Resources
March 27, 2006
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
March 27, 2006
Property Address: 1709 E. Bay, Newport Beach, CA
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 require 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. The side property lines extend in the water along their same bearing. No moored vessel shall
encroach on these lines.
6. A moored vessel may not extend beyond the end of the fingers by more than the width'of it's beam
7. The maximum width of a vessel permitted to side tie to the outside of the west edge of the float is 7'
feet.
8. The maximum width of a vessel permitted to side tie to the easternmost edge of the float is 17' feet.
Signature: wo
Mike Ure, Harbor Resources Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By: ikla
Inspector: Don Duffy
Pier Address:
�' ;�� 5 6' A
Pier Transfer
GFI Present Yes Need None Needed
Anti -Siphon / Backflow Present
--Other. Comments
Eelgrass
Yes No
Presentl
Pump Out
Pier Location
Yes No
Operational
Recommended
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Reinspection
Yes Need
= I i
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NEWPORT. BERCH
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X61 1Wc- VNO EEL'GRAS5-WITHIN,l 5'OF PROJ' BTV
vv Cj;; ELOR SIN PROJECTA -A
SIGN URE
NIP r<,. 0(,q
e PERMIT#
177
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PL,AN V. I EN lw =30
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JOB RD DRTE
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7� DATE /70 06
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V1
**Date of Applicaton:
**Property Address:
PLEASE SIGN AND RETURN
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Islartd. Drive
Newport Beach, CA 92660
12/6/05 Permit Number: L)q (-7cel
1709-1711 East Bay' Abenue
Newport Beach, CA 92661
"Buyer's Names: Chris Brigaudi & RK Trust
Billing Address: 140 Newport Center Drive, Suite#100
Newport Beach, CA 92660
Telephone No.:
Buyer's Signatures:
"Seller's Names�--Y—'km- es ��ers,
Seller's Signatures -K Gzk�,.Lzk I
Joint Owner Signature:
0. Somers, Susan Somers Hanson
"Escrow Company. MARINRS ESCROW CORPORATION
"Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, CA 92660
**Escrow Number: 29868 -BF **Fax #: (949) 721-815Y
Closing Date (Estimate): 1/06/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
-----------------
Inspection Date:
Fee Paid:
Application Complete:
Reinspection Date:
Check No:
Harbor Resources SignatumlDate
Special Conditions., This permit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
�j
PLEASE SIGN A!%� RETuRN
HARBOR PERAHT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Appl!Gaton: 12/6/05 Permit Number: iZ P ( 0"k C7
**Property Address: 1709-1711 East Rayfront
Newport Beachy CA 92661
"Buyer's Names: -,Christopher M. Brigandi & Christina Brigandi, Trustees
of the Birgandi Pwily Trusr clatep Apr1-r-rU-,7n3
Knight Group of Arizona, LLC
Billing Address:_
Telephone No.:
"MM"Al
Buyer's Signatures;
(Managing Member)
unrisiopner tvi. tsriganai, irusiee
Uhristina Brigancli, Trustee
**Seller's NaMGS,�,!E . Aames ers, Lawrence 0. Somers, Susan Somers Hanson
Sellers Siqnatures:K ZZ
Joint Owner Signature:
**Escrow Company:
"Address
"Escrow Number:
Closing Date (Estimate):
MARINRS ESCROW CORPORATION Attn: Brian Foxcroft
1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, CA 92660
29868 -BF **Fax #.- (949) 721-8157
1/06/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
1-11-� --------------------------
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources SignaturelVate
Special Conditions: This pern7it is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
PLEASE SIGN Atqj� j,
,j-,jURW
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 12/6/05 Permit Number: iZ P
Property Address: 1709-1711 East BayJ Avenue
Newpor Beach, CA 92661
"Buyer's Names: Christopher M. Brigandi & Christina Brigandi, Trustees
of the Birgandi Pwifly Trust dateo Apri-r-rU-,-M3
Knight Group of Arizona, LLC
Billing Address:_
Telephon(
Buyer's Signa
**Seller's Nam
Seller's Slanatut
,Joint Owner Signature:
**Escrow Company:
"Address
**Escrow Number:
Closing Date (Estimate):
�mber)
0. Somers, Susan Somers Hanson
MARINRS ESCROW CORPORATION Attn: Brian Foxcroft
1100 NEWPORT CENTER DRIVE, SUITE1200 NEWPORT BEACH, CA 92660
29868 -BF **Fax #: (949) 721-8157
1/06/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
1 11-1 -----------------
Inspection Date:
Fee Paid:
ReInspection Date:
ChecK No:
Application Complete,
Harbor Resources Signaturel0ate
Special Conditions: This perailt is revocable by the City Council
In accordance with Title 17 of the Newport Beach Municipal Code.
b zxpokl,
PLEASE SIGN AND RETURN
HARBOR PERAHT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 4/3/06 Permit Number:
"Property Address: 1711 East Bayfront
Newport Beach, CA 92661
"Buyer's Names: CROSS COMMUNICATIONS, INC.,
a California Corporation
Billing Address: 140 Nmort Center I)riye. Suite#100
Newport Beach, CA 92660
Telephone No.:
Buyer's Signaturew, BY: —1
Mark Cross, President
Chr,s��,M-.-!-"gandi & Christine Brigandi, Trustees
James: & Kni t -G oup of Arizona, LLC
**Seller's N
Seller's S 19 natures
,Joint Owner Signature: By
Managing Member
**Escrow Company: MARINRS ESCROW CORPORATION - Attn: Brian Foxcroft
"Address Iwo NEWPORT CENTER DRivE, SUITE#200 NEWPORT BEACH, CA 92660
**Escrow Number: 29971 -BF
Closing Date (Estimate): April 14, 2006
**Fax#: (949) 721-8157
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date:
Fee Paid:
Reinspection Date:
Check No:
Application Complete:
Harbor Resources SignaturelOate
Special Conditions: This Pern7lt Is revocable by the City Council
In accordance with Title 17 of the Newport Seach Municipal Code.
F- WAS
A'A'
**Date of Applicaton
"Property Address
PLEASE SIGN AND RETURN
HARBOR PERAIHT
TRANSFER APPLICATION
829 Harbor island Drive
Newport Beach, CA 92660
4/3/06 Permit Nt�mber:
1711 East Bayfrout
Newport beach, CA 92661
"Buyer's Names: CROSS COMMUNICATIONS, INC.,
a California Corporation
Billing Address. 140 NMort Center Drive, Suite#100
Newport Beach, CA 92660
Telephone No.:
Buyer's Signaturea�,
Mark Cross,. President
Christopher M. Birgandi & Christine Brigand!, Trustees
**Seller's Names: 1, Knight Group of Arizona, LLC
Seller's Signatures: Lairistopner TV1. Briganal, Trustee
Christine Brigandi, Trustee
,Joint Owner Signature:
Member
**Escrow Company: HARINRs ESCROW CORPORATION - Attn: Brian Foxcroft
"Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, CA 92660
**Escrow Number: 29971 -BF **Fax #: (949) 721-8157
Closing Date (Estimate): April 14, 2006
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date:
Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources Signaturel0ate
Special Conditions: This pern7lt Is revocable by the City Council
In accordance with Title 17 of the Newport BOBC17 Municipal Code.
.9
. �X:P*
**Date of Applicaton:
**Property Address:
PLEASE SIGN AND RETURN
HARBOR PERAUT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
Shared Slip
4/4/06 Permit Number: RP10917091
1709 East Ba3 AVENUE
Newport Beach, CA 92661
"Buyer's Names: Timothy Paul Herbst, Trustee of the Timothy_ P.
Herbst Trust dated May 29, 2001
Billing Address:
Telephone No.:
Buyers Signaturew, BY: Timothy Paul Herbst,' Trustee
Christop M. riganli and Christina Brigandi, Trustees
0 M*
-�h 1p Wo f
Seller's Names 7in u Ari �2 na, LLC
Seller's Sionaturesl. A �I,
Joint Owner Signature:_
Knight Group of Arizona By:
**Escrow Company.
"Address
**Escrow Number:
Closing Date (Estimate):
Managing Member
MARINRS ESCROW CORPORATION - Attn: Brian Foxcroft
1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, CA 92660
29984 -BF
April 14, 2006
**Fax#: (949) 721-8157
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: ReInspection Date:
Fee Paid: Check No:
Applicatlon Complete:
Harbor Resources Signaturel0ate
Special Conditions: This Pern7lt Is revocable by the City Council
In accordance with Title 17 of the Newport Beach Municipal Code.
P
All
PLEASE SIGN AND RETURN
HARBOR PERAHT
TRANSFER A-PPLICATION
829 Harbor Islarid. Drive
Newport Beach, CA 92660
**Date of Applicaton: 4/4/06
"Property Address: 1709
"Buyer's Names
Herbst Trust
Billing Address:
Telephone No.:
Permit Number:
East Bayfront
Shared Slip
RP10917091
Newport Beach, CA 92661
Timothy Paul Herbst, Trustee of the Timothy P.
dated Mav 29. 2001
Buyer's Signaturew,
Christopher M. Brigandi and Christina Brigandi, Trustees
"Seller's Names: Knight Group of Arizona, LLC
Seller's Signatures:
Christopher M. Brigandi, Trustee
Christina Brigandi, Trustee
,Joint Owner Signature:
Knight Group of Arizona By: Managing Member
**Escrow Company: MARINRS ESCROW CORPORATION - Attn: Brian Foxcroft
"Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH, CA 92660
**Escrow Number: 29984 -BF **FaX #: (949) 721-8157
Closing Date (Estimate): April 14, 2006
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources Signaturel0ale
Special Conditions: This PeM71t Is revocable by the City Council
In accordance with Title 17 of the Newport Beach Municipal Code.
4A
0 1 t
lij
.�el
PLEASE SIGN AND RETURN
HARBOR PERAHT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
**Date of Applicaton: 4/4/06
**Property Address: 1709
Shared Slip
Permit Number: RP10917091
East Bayfront
Newport Beach, CA 92661
"Buyer's Names: Timothy Paul Herbst, Trustee of the Timothy P.
Herbst Trust dated May 29, 2001
Billing Address:
Telephone No.:
Buyers Signaturew, BY: Timothy Paul Herbst,- Trustee
Christopher M. Brigandi and Christina Brigandi, Trustees
"Seller's Names: Knight Group of Arizona, LLC
Seller's SIgnatures:
Christopher M. Brigandi, Trustee
Christina Brigandi, Trustee
,Joint Owner Signature:
Knight Group oi Arizona By��-"&�yj.,�* Managing Member
**Escrow Company: mARINRs ESCROW CORPORATION - Attn: Brian Foxcroft
"Address 1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH. CA 92660
**Escrow Number: 29984 -BF **Fax #: (949) 721-8157
Closing Date (Estimate): April 14, 2006
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date: Reinspection Date:
Fee Paid: Check No:
ApplicatIon Complete:
Harbor Resources Signatural0ate
Special Conditions: This pern7lt Is revocable by the City Council
In accordance With Title 17 of the Newport Beach Municipal Code.
INSPECTION FORM
Harbor Resources Department
Date: �Z--7
Inspection Requested By:
Inspector: Don Duffy
Pier Address:
Cfer Trar sfer
GFI Present. Yes Need .-None Needed
Anti-Siph6n Backfiow Present
Other Comments
Eelgrass
Yes, No
PresentF— I
Pump Out
Pier Location
Yes No
Operationall
Recommended
Encroachrbenet
Address of Complaining Party
Boat Description_
CF Number
Location on Dock
Comments / Observations
Other Request
Reinspection
Yes Need
, j.P4
0./ -
L"l
0
plea —4-1-
0 c'e.
VICINITY SkETCH
12'0� E.
PJNWPORr DAY, CAZIP-ORNI,
Sbvnoi�qs oe eAppessed in yowwj and c/000je
&4PP 0-4 J 601OW 41CO17 IOW&r 1OW Worder. 440.re�u�
rompe 0/* OlVe 'yorhor 7,4*0S
Ore 07ovow
7eAc)
.. . ...... ..
Mull"
CITY OF NEWOFIT SFAC14
HARBOR PERMIT
PFRMIT NO, DATE .
'i T
t`:, -iT 9/25/92
-�:, � . .- - .. .............. .... ...
Kg
Maintenance Permit
DREDGING APPL-TCAT-TON
PrOject Lccation: 1709-1803 E. Balboa
--'-L!:ic Yards to be Dredged: 190
'-!et:icd cf credg-ing: j,
Nature O'f Dredged Material:
,;;4 nH I -Y +.
DismOsition of Dredged Material: IMP,
eclamation
T,-,Zb-'d-4tv Control Met-hcd:
dzedgiaa- On ccrtigl-'cus bulkhead-J.mc a:1d beaches
Mark Sites hereby 'State th�
a- ha:.,e read
te-H-It nalme) A=v
cor=s of Zngineers permi� �Or -Maintenance dzedc"-
Clt-Y Of 'qewnOrt Beach azid orange ccun- -
v lmaz��Ors, Beaches FLnd Dist -4,
Per.-Llt fa� maintenance dred-gina and
acce:)-
-ravisions thereia. Additionally I cUarantee that the :�zccosed
w''I act Occur because of any aiteri"g of existi,c "se Of
ei
zcae.
L v S mers
kApp icazit-typ
ia)
9-9-86
(DaTe-)—�
S igned:
Representative
I I I I ,
to- 7- f 70
uI
WA. 0414 41.
VICIAJITY SKETCH
�jd—poffr eAy
5,0/�m c'm 95 �, &4�gssffd �. A,,,� ...
&VO.OAS be/ow �feo'� zower ziow
ro�? r a /' ?Aw'd QPO '04) ma i,ly /0 �-00'4
are daic6l"SAod d;) Y(.4,;s strcboo Qorv&w,~/ 607-.
D,.J I �nl,
3
70 9 4-Im
8�5�J
I . ll�,! %J!'l. �, - -7 Rr, A
.CITY OF HEvu;mp Am
HARBOR FERMFI*
AT WE GIVE W9c;AQ'FL So,
76ZE NARQI�R MR137 pumns v, E�w;wwr wam A.n,
ANY SPEWS CWTIM011 f"T'
Is NOT inKSMACL: V -7n47 v vo w I "AW"'My
clov
17..
---------- - --
ccwvp�s cir?
orange c
A 6"e
Other
PERMIT ISSUED suu�ff To,
DREDGE NINVERIAL EEING
HALILEDTOSEA ----------
PLACED ON BEACIrl ------- j�q--L-5"A�
t"ll I
DREDGING kPPLICATION
Project Lccation:
Cubic Yards to be Dredged:
Method of Dredging:
Nature of Dredged �Xaterial.-
Disposition of Dredged material:
Methad of Mater4al Disnosjtion: I,-
Tizz-bidity COntzal Method:
tect a' dredging on car
tigucus bulkheading and beaches
--y-ax-IC Sites
, hezebY Sta" that 1 have read "�,e
(arint name)
Zor=s a::
7-gJneers for maintenance dredq,':-,-
- -es 'JazkS
3eac.1 a.10 Orazca CountV
per: -.u-. far dze=4nc and acce_-
Zone .
CitIT n
OP.L.:-Canc-cype name)
k bate)
1,ze a- zed
TI- �-1-4
S gned.
a g
at -C, 3
0
HARBoR PER -MIT
PERMISSIC'm is ME. - FTI. fly
MAINTAIN Tfle FACI �t�
AT THII SITE Y Sjjo�J'N OA'S'*RtiCl- At- I-
, , , ", t"Evz:ftsE
THE "IfIllon pE. SUI�JECI�
ANY S
F'eCIAL OrACH' A14
12 NOT I. W; I
THL� CITY RAN.S�:'rRAOI.," � .1
THIS
RIC14T 'ij
"Nu,NT
S
;-UNCIL. T6.1
'�ND ritis
y E otu.!
IN ACC
OROAN ICTIl I
CC u CII
E.
A) c7- CITY HAR
PAT9
SpFCIAL Co"'T'ONS:
corps 01,cnginoers
oranp cwnty P6,"'17%
oftr
PERMIT ISSUED SUBJECT TO
DREDGE MATERIALAWING
),MLEDTOSEA
PIACEDONBEACH Cv, JAI -
r C
SEP 27 1984�
US XrTy Corps,
of Eriglineers
Los Angeles Distric
P.O. Box 2711
Los Angeles, CA 90053
SPLCO-R
ublic. Notice
of Applica tion
for Permit:. .
Public Notice/Application NO- 84-134—RA/Amendi
Date Comment Deadline:
SEP 2 6 1QPA
OCT 12 19114
Interested parties are hereby notified that an application has been received for a Department of the Army
permit for the activity described below and shown on the attached drawing(s).
Appll,cantl(a) - Mgsrs. Vose, . Som ers, 11 and I F
aYnsworth
1707; 1709 and 1713 East Bay Avenue
Newport Beach, California '92661
,Location - Newport Bay, Pacific Ocean at 1707, 1709, 1113 East Bay Avenue, Lots 3, 4, 5,
c, ta
x
tt�d cit of Newport Beach, Orange County, CA
rpow
construct bulkhead/backfill and dredge to protect dwellings from begin
undermined during high tides and rough waters
Comment and Review Period - Interested parties are U.S. Army Engineer District
invited to provide their views on the proposed work, ATTN: SPLCO -, R - —4,41—
N4
0��
which will become a part of the record and will be con- P.O. Box 2711 . A., /Amend 1
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053
EIS Determination - A preliminairy determination has been made that an environmental impact statement is
not required for the proposed work.
Public Hearing - Any person may request, in writing, within the comment period specified In this notice, that,
6 public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Other Authorizations Required -
Water Quality: % Certification that the proposed work will not violate applicable State water quality
standards has been requested from location state 0 None Required
Coastal �Zone Management: 0 The State of California is reviewing this work for consistency with Its
approved Coastal Zone Management Program. 0 None Required
Cultural Resources - The latest version of the National Register of Historic Places has been consulted and
this site ls� not listed, This review constitutes the extent of cultural resource investigations by the District
Engineer, and he Is otherwise unaware of the presence of such resources.
Endangered Specie . e - Pre.11minary determInations-indicate that.the proposed activity will not affect
endangered species, 6'r their critical habitat, designated as endangered -or threatened'(Endangered Species
Act). Formal consultation under Section 7 (c) of the Act is not required.
Authority,,...This permit wl . 11 be lssu.6d:or denied under the following authorities:
Sffuc�tures or work-in orraffecting pavigable.waters of the,Uo.ited States -.Section 10, River and Harbor
Act of 1899 (33,U.S.C. 403).
Discharge of dredged or fill material.Into waters of the United States - Section 404, Clean Water
Act'(33 U.S.C. 1344).,
El Transportat I ion of -dredged material for purpose of dumping in.to qcean.wate.ns�- Section .103,, Marine
''�Protection,�,Research and Sanctuaries Act of 1972-(3q.U.S:Q.. 1413)�
Evaluation - The declslo6 whether., to. issue a permit willbe. based�on an, evaluation -of. the, pro'bable Impact
inc , luding cumulative lmpacts�of �the proposedacti.vity on tb�.public in - terest. That deciskon wil ' I reflect the
natlonal�con h I
cern,jpr bot- , prQteption:rand utlization otimportant resources. The benellt.which reasonably
may be expected to accrue from the proposal must be balanced against its reasonably foreseeable
detriments. All factors which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, eqo.pornics, ae§thetics,, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards,'flodd plafri values, land use, navigation',
shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food production and, In general, the needs and welfare of the people. In addition, if the proposal
would discharge dredged *or fill material, the evaluation of the activity will include application of the EPA
Guidehne.� (4o r,,.Prl 230J as rncliJrP(J by Section 404 fb) 0) -,1 fhe Clean 'Natef Act,
MARINE DEPARTMENI
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Public Notice
US Army Corps of Application
of Engineers
Los Angeles District fnr Parmlof
P.O. Box 2711 = -.1W a 0 1%ff a a a a a AM
Los Angeles, CA 90053 Public Notice/Appl !cation No. 84 -134 -RA
SPLCO-R Date JUL k 4 1984Comment Deadline: AUG 13 1984
Interested parties are hereby notified that an application has been received for a Department of the Army
permit for the activity described below and shown on the attached drawing(s).
Applicanils) - Mr. H. Somers Mr. F.H. Farnsworth
1709 East Bay Avenue 1713 East Bay Avenue
Newport Beach, California 92661 Newport Beach, California 92661
I
Location - Newport Bay, Pacific Ocean at 1709, 1711, 1713 East Bay Avenue, Lots 5, 6, and
7, Block Q, Tract Eastside Addition, city of Newport Beach, Orange County, CA
Activity, Purpose -
construct bulkhead/backfill and dredge to protect dwellings from being
undermined during high tides and rough waters
Comment and Review Period - Interested parties are U.S. Army Engineer District
Invited to provide their views on the proposed work, ATTN:SPLCO.R. 84 -134 -RA
which will become a part of the record and will be con- P.O. Box 2711 (PublIc Nofto No.)
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053
EIS Determination - A preliminary determination has been made that an environmental Impact statement Is
not required for the proposed work.
Public Hearing - Any person may request, in writing, within the comment period specified In this notice, that
a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Other Authorizations Required -
Water Quality: 19 Certification that the proposed work will not violate applicable State water quality
standards has been requested from location state 0 None Required
Coastal Zone Management: gThe State of California is reviewing this work for consistency with Its
approved Coastal Zone Management Program. 0 None Required
Cultural Resources - The latest version of the National Register of Historic Places has been consulted and
this site Is not listed. This review constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Endangered Species - Preliminary determinations Indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as enclangered or threatened (Endangered Species
Act). Formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be Issued or denied under the following authorities:
gStructures or work in or affecting navigable waters of the United States - Section 10, River and Harbor
Act of 1899 (33 U.S.C. 403).
M Discharge of dredged or fill material Into waters of the United States - Section 404, Clean Water
Act (33 U.S.C. 1344).
0 Transportation of dredged material for purpose of dumping Into Ocean waters - Section 103, Marine
Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
Evaluation - The decision whether to issue a permit will be based on an evaluation of the probable Impact
including cumulative Impacts of the proposed activity on the public interest. That decision will reflect the
national concern for both protection and utilization of Important resources. The benefit which reasonably
may be expected to accrue from the proposal must be balanced against Its reasonably foreseeable
detriments. All factors which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, "ood hazards, flood plain values, land use, navigation,
shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs,
safety, food production and, In general, the needs and welfare of the people. In addition, If the proposal
would discharge dredged or fill material, the evaluation of the activity will Include application of the EPA
Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act.
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13EPLY TO
ATTENTION OF:.
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. Box 2711
LOS ANGELES. CALIFORNIA 90093
May'29, 1984
SUBJECT: Application on behalf on H. Somers and F.H. Farnsworth to construct
a seawall at 1709, 1711 and 1713 East Bay Avenue, in Newport Bay
Mr. Dennis D. O'Neil
McDonough, Holland & Allen
3200 Park Center Drive, Suite 710
Costa Mesa, California 92626
Dear Mr. O'Neil:
Reference is.made to your Application No. 84 -134 -RA
We are reviewing your application, and estimate the processing time will
be a minimum of 60 days . Any work done before issuance of a permit
is prohibited by law and may subject the parties -involved to possible civil
and criminal legal action.
To process your application, the information designated on the attached
check list is required., The requested information must be submitted within 30
days from the date of this letter.
Prior to issuance of a permit, approvals designated on the attached check
list are requ ired.
If you have any questions or wish to bring to oui attention special
circumstances justifying expedited processing, please call Bob Atkins
in our Regulatory Branch at (213) 6B8-5606, before 3:00 p.m.
Sincerely,
J P ' Past'
Chief, Construction -
Operations Division
Enclosure
CHECK LIST FOR APPLICATION NO. 84 -134 -RA
(Circled items are incomplete. Numbers refer to numbered items on your
application form.)
6. Purpose, description of structures on fills or platforms, type,
composition, quanity of material, method of dredging, means of conveyance,
disposal site of dredged material, step-by-step description of work.
7. Mailing addresses, owners and lessees.
(Ii� When issued, provide copies of approvals or certifications listed on your
application and below under "OTHER".
Types of vessels, sewage pump out and refueling facilities, hazardous
materials contingency plan,.__� �f e�nvironmental assessment or F�pqrit if
_REtElred.
15. Print name and title of signer, signed statement as described in item
designating your agent.
A fee of $10.00 will be charged if and when the permit is issued.
Please ma.�e the check payable to the Finance and Accounting Officer USAED LA.
Please place your application number on the check.
DO NOT SEND CHECK UMIt _RE UESTED BY OUR OFFICE.
DRAWINGS - SEE ATTACHED -CHECKLIST
OTHER:
2bg—LoLlowing information is reguired to process your applicati n:
1. � �=LL=L — % -u r.h. rarnswortn autnorizing
b- W"��t lstho.TOP of Wall rlevation of the existing bulkhead
ble for
LA FL 507A
AUG 81
kd
DRAWING REQUIRDiEN-115
. AND CHECKLIST
1, General.
original and two copies or
For dredging. excavations, or Us,
Submit one
drawings on 8- by IOh-inch P3PCT-
show numbc*r of cubic y.uds, type or
all
Submit the fewest number of sheet,
material, method of handling, and
locadon of rill or spoil disposal area. If
necessary to adequately show the
DjavAnr should be
spuil material is to be placed in
proposed activity. ,s
in with the general format
approved dumping grounds, a separate
accordance
the enclosed simple drawings and
map showing the location of the
of
be of good leploducable quality.
dumping grounds may be attached.
must
The drawing must indicate proposed
A I -inch margin should be left at the
retention levees, w6m, and/or other
top edge of each sheet for. binding
devices for retaining hydraulicly placed
purposes.
materials.
Drawings should not reflect the
-Show and idcndfy structutes (if any)
approval, non-objeWon, or action of
in navigable waters immediately
other igencic L
adjacent to the proposed activity
'
Since drawings must be reproduced
including penmit numbers if known.
photographically, color shading cannot
Identify and show location of any
be used. Drawings may show work as
structures to be constructed on rill or
dot* shading. halctdrig, cfoss-ha(ching,
pile supported platforms in navigable
of similar grapWc symbols.
%alers. If nothing is to -be constructed
Show distance between proposed
on FLU or platform, state the . intended
activity and navigation channel where
use.
applicable.
Show your property lines and identify
adjacent property owners. (On narrow
2. Vicinity Map
waterways the property owner on the
Show ioca6on of the activitY site
opposite shore must also be
including latitude and longitude if
Identified.)
'known.
Show narac of waterway-
4. Elevafion and/or Seelidn Views.
Show name of and distance to IOCILI
Show same water elevations as for plan
town, community, or other identifying
view.
location.
Show depth at waterward face of
Identify map Of . chart fjorn wWch
ir
proposed work or ir dredging is
proposed, show dredging grade.
vicinity map was, taken, applicable.
Show gnphic Wide-
If a fill, float. or pUc supported -
platform is proposed. show dimensions
Show north arrow,
and identity of any structures to be
erected thereon.
3, Plan View
Show existing shorelines-
Show graphic scale.
Show ebb and flood in tidal waters and
direction of flow in livers-
5. Notes on Drawings.
Show north,arrow.
List names of adjacent Property
Show giaphic scak.
owners whose property also adjoins
high and low waleffines if
the water it not shown in plan view.
Show mcAn
,he proposed ac-tivity is in tidal areas
state purpose (Private Use,
etc.) of Proposed activity.
on the Atlantic and (;uIr coasts and
LAkes. For theNcirlc
cqmmercial,
State datum used in plan and elcv3lion
the Great
a I sho!�� " mean hi er hi
views.
—CAS er low WAIM
wale? and m1a" low
if petroleum prodiiets or other
'�h`ow ordinary high water line smo
6=-:1 nr
Ordinary low wateriine if proposed
handled at the proposed facility. so
activity is in a lake or stream
indicate.
Show principal dimenr, -sort 'ctum
or work and extent of tnCIO&�unt'llt
'D Is"ond the appbcsble high waterUne.
r— W on
Plan View and Profile View. rShow
Ilmits or dreaclinq on Plan i ew _dl1d_ELQLU
(cross—hatchTreal.
P_ V i zu_.J�
SnoW aredy� ul.�Vv�al site on Plan
View
lcross—hatgh area) - _R212—te—t�e
words "Proposed Wall (by others)"
on Plan View. Show existing City wall
I,_ 1�41_._
12
STATE LANDS COMMISSION
1807 13THS'T"HEET
13
SACRAMENTO; CALIFORNIA 95814
Mr. Dennis O'Neil
Attorney At Law
3200 Park Center Drive,
Costa Mesa, California
Dear Mr. O'Neil:
Suite 710
92626
-N 1W
P 601 Ac;�
CM
RGF DRUKNIL,11AN, Governor
9, 1984
File Ref.: SD 84-04-25
Subject: Proposed Seawall at 1707, 1709 and 1713 East Bay Avenue,
Newport Beach, California 92661.
The staff of the State Lands Commission has received your letter dated
April 17, 1984 and copies of the permit drawings relative to the proposed
construction of your clients' seawalls at the above mentioned properties.
This is to advise that any interest the State of California may have in
the tide and submerged lands over which the proposed project will extend has
been granted in trust to the City of Newport Beach. Therefore, you need not
apply to the State Lands Commission for project authorization. You should,
however, apply to all other agencies having approval authority.
.This action does not constitute, nor shall it be construed as, a waiver
,of any right, title, or interest by -the State of.California in any lands
under its jurisdiction.
JL: rm
cc: California Coastal Commission
South Coast District
West Broadway, Suite 380
.Long Beach, California 90802
Laigbert L. Wynn, City Manager
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Very truly yours,
JUDY LUDLOW
Granted Lands Representative
(916) 445-713.4
State of California, 19 MAKI 9; — ett!2!1nM"
George Deukmejian. Qgvonwf
California Coastal Commission
South Coast District
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 9OB01-1450
(213) 590-5071
0"Mm
49th DAY:
180th DAY:
1-20-83
3-9-83
M.
STAFF -. Karl Hinderer
EDITED BY: Gary Gleason
STAFF REPORT: 2-10-83 (b2)
HEARING DATE:7F�=2-3-2-5-r-19-e-3--
March 22-25, 1983
REGULAR CALENDAR
STAFF REPORT AND RECOMMENDATION
Application No. 5-82-856 (Somers)
Applicant: Harvey Somers Agent: Trautwein Brothers
1709 E. Bay Avenue ATTN: Sam Kniss
Balboa, CA 92661
Description: The construction of 60 linear feet of wood retaining
wall 24 feet seaward of the existing deteriorated
wood bulkhead which protects two existing single-
family dwellings. Project also includes the dredging
of up to 200 cubic yards material and deposition bay -
ward of the existing bulkhead location..
Plan designation Low Density Residential (LUP Cert.)
Height of wall 6 ft. above mean lower low water
Site: 1709 E. Bay Avenue, Balboa Peninsula, Newport Beach,
Orange County. APN 048-232-24
Substantive File Documents:
1. City of Newport Beach Certified Land Use Plan.
2. Permits 5-82-311 (Flanders); 5-82-312 (Rhinesmith);
5-82-315 (Bell); 5-82-571 (Van Orden); 5-82-25 (City
of Newport Beach); Appeal 156-79 (Carmel Valley Road);
and 6-81-15 (Carmel Valley Road),. Appeals 374-78
(Bailey) and 165-79 (Blue Lagoon).
SUMMARY
Staff is recommending approval with a condition to replace existing
bulkhead in the same location with no further bayward encroachment.
5-82-856
Page 2
STAFF _I!ECCLYLb�NMIT I—ON
The staff recommends the Commission adopt the following resolution:
The commission hereby gra . nts, subject to the conditions below, a
permit for the proposed development on the grounds that the development,
as conditioned, will be in conformity with the provisions of Chapter 3
of the California Coastal Act of 1976, will not prejudice the ability
of the local government having jurisdiction over the area to prepare a
Local Coastal Program conforming to the provisions of Chapter 3 of the
Coastal Act, is located between the sea and the first public road
nearest the shoreline and is in conformance with the public access and
public recreation policies of Chapter 3 of the Coastal Act, and will
not have any significant adverse impacts on the environment within the
meaning of the California Environmental Quality Act.
II. Standard Conditions
ad
1, Notice of! Reoei Tt and Acknowl _2.ement. The permit is not valid
of _ no 9�"
c -- uctIon
0 r
an7 construction a �aF`o�tcommence 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. Expirati�on. if construction has not commenced, the permit will
expiFe —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 ponstruction 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, IntgEretation. Any questions of intent or interpretation of any
EOH t ion will ve resolved by the Executive Director or the
commission.
5. Inspections. The Commission staff shall be allowed to inspect
tKe- site and the development during construction, subject to
24-hour advance notice.
ssi ent. The permit may be assigned to any qualified person,
prov, Rassignee 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 condition
t-s--
.1 tTe �intention of the Commission and
shall be perIetuaT,—&—nTT s and possegsors of the
the permittee to bind all future owner
subject property to the terms and conditions.
5-82-856
Page 3
III. Special Condition
This permit is subject to the following special condition:
1. Prior to transmittal of the permit, the applicant shall submit,
for the review and approval of the Executive Director, revised plans
for the bulkhead replacement which show no permanent structures bayward
of the existing bulkhead alignment.
IV. Findings and Declarations
The Commission finds and declares as follows:
A. Project Description. The applicant is proposing to construct a
wooden ret—aining wall beginning at the western property line at the end
of the wall proposed by Dr. Morgan in permit 5-82-852. The wall is
proposed to be constructed across the entire 60 foot width of the property
24 feet bayward of an existing deteriorated wood bulkhead to connect
to the wall proposed by Mr. Farnsworth in 5-81-851, whose property is
located to the immediate east of the subject site. The existing wood
bulkhead was constructed to protect two existing single-family dwellings
on the property. The existing bulkhead is failing in at least two lo-
cations and sandbagging was necessary during recent high tide episodes.
The bulkhead is separated from the structure by 30 to 60 feet of yard
including grass, walkways, and planters.
The applicant's bulkhead is in line with those on both sides of
him. However, the adjacent bulkheads on both sides are concrete. The
new retaining wall would provide adequate protection for the structures
and yard without requiring the replacement of the deteriorated bulkhead
and would also provide a much larger backyard.for the houses. The
applicant has indicated that sand that is presently bayward of the ex-
isting bulkhead has been washed down under the applicant's float severely
limiting the depth, and even suspending the float at extreme low ' tide.
The applicant contends that the new retaining wall would be used to hold
the sand and keep it from washing down into the float area, this improving
the utility of the docking area. Subsequent to the preparation of the
original staff report, the applicant amended his application to include
up to 200 cubic yards of dredging under his float and deposition of this
material bayward of his existing bulkhead alignment as per the plans
attached to Exhibit 4.
B, Ea;g
gjr,,gnds�jaintenance of Shoreline Structures. Section 30610
of the Cc t pecifies those activities which do not require a
coastal permit. Section 30610(d) of the Coastal.Act states:
(d) Repair or maintenance activities that do not
result in an addition to, or enlargement or expansion Of
the ob�ect of such repair or maintenance activities:
rovid*d, however, that If the commission determines that
certain extraordinary methods of repair and maintenance
that involve a risk of substantial adverse environmental
impjct, it shall, by regulation. require that a permit
be obtained under this chapter.
5-82-856
Page 4,
Section 13252 of the California Administrative Code further states:
(a) For purposes of public Resources Code Section
30610(d), the following extraordinary methods of repair
and maintenance shall require a coastal development
:permit because they involve a risk of substantial ad-
verse environmental impact:
Any method of repair or maintenance of a seawall
revetment, bluff retaining wall, breakwater, groin, or
similar shoreline work that involves:
(1) Repair or maintenance involving substantial
alteration of the foundation of the protective work
including pilings and other surface or subsurface
Structures;
(2) The placement, whether temporary or permanent,
of rip -rap, artificial berms of sand or other beach
materials, or any forms of solid materials, an a beach
or in coastal waters, streams, wetlands, estuaries and
lakes or on a shoreline protective work;
(3) The replacement of 204 or more of the materials
of an existing structure with materials of a different
kind� or
(4) The presence, whether temporary or permanent
of mechanized construction equipment or construction
materials on any sand area or bluff within 20 feet of
coastal waters or streams.
The commission, in previous actions, has accorded special attention
to the repair and maintenance of shoreline structures (Appeals No. 374-
78, Bailey; Appeal No. 165-79, Blue Lagoon), in that such repair involves
such a risk of substantial adverse environmental impact and therefore
requires a permit.
C. Diking, RE2�2 g
oastajnT
30233(a) Ff -the C �c
of coastal waters, wetland
where there is no feasible
and further requires that
areas for certain types of
and Shoreline Structures. Section
Zn4stEatleli2gat the alking, dredging or filling
6, estuaries and lakes shall be permitt�ed only
less environmentally damaging alternative
such activities be permitted only in certain
development.
Those types of development enumerated under Section 30233(a)
include:
(2) Ne� or e:cpanded port , energy, and coastal dependent
industrial facilities, including commercial fishing
facilities.
(2) Maintaining existing. or restoring previously dredge�
depths in existing navigational channels, turning
basins, vessel berthing and mooring areas, and boat
launching ramps.
(3) In wetland areas only, entrance channels for new or
expanded boating facilities . . .
(4) In open coastal waters, other than wetlands, including
streams, estuaries, and lakes, new or expanded boating
facilities.
(5) Incidental public services. . .
(6) Mineral extraction, including sand for restoring
beaches, except in'environmentallv sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource
dependent activities. . ."
5-82-856
Page 5
1. Woodeg Rel:tj Wall. In order to be consistent with
�o 11n9A
Section 30233 of th a ct the project must be a permitted use
listed in Section 30233(a)(1-8) and must be the least environmentally
damaging feasible alternative, must provide feasible mitigation measures
and must maintain or enhance the functional capacity of the wetland or
estuary. The Commission finds that with respect to the currently pro-
posed wooden retaining wall, that although a bulkhead for a residential
use is not explicitly identified in Section 30233(a)(1-8), that in this
instance there are unique circumstances in that the applicant's existing
bulkhead is wooden, is deteriorating and fails to provide adequate
protection for structures on the subject property. Therefore, it is
essential to allow the applicant to replace the deteriorating wooden
bulkhead. Nevertheless, the Commission finds that only if the new bulk-
head were placed in the same alignment as the existing bulkhead would
the project be the least feasible environmentally damaging alternative
and would feasible mitigation measures be provided.
Further, Section 30235 provides that:
Revetments, breakwaters, groins, harbor chan-
nels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline
processes shall be permitted when required to
serve coastal -dependent uses or to protect existing
structures or public beaches in danger from erosion
and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. Existing
marine structures causing water stagnation contri-
buting to pollution problems and fish kills should
be phased out or upgraded where feasible.
The applicant has proposed to construct the wood retaining wall
24 feet beyond the existing bulkhead alignment. The applicant's rep-
resentatives contend that replacement along the same alignment is in-
feasible. This project, as proposed, will result in the ultimate
filling and loss of approximately 1,440 square feet of subtidal and
intertidal habitat in the lower Newport Bay (Exhibits 2 and 3). In
addition, the seawall panels are proposed to be jetted into place which
will temporarily disrupt bottom habitat and increase turbidity. The
Commission finds that the proposed project is subject to Section 30233
of the Coastal ACt as it places solid material into the intertidal area.
The Lower Newport Bay is considered valuable estuarine habitat. In
previous Commission actions on the 35th Street end (5-82-25, City of
Newport Beach) the U.S., Fish and Wildlife Service and California Depart-
ment of Fish and Game noted the significance of the habitat of the lower
bay. The USFWS noted as follows:
"The estuarine habitat of lower Newport Bay is con-
sidered to be of relatively high value as a nursery
and foraging area for a variety of marine fishes
and a foraging and loafing area for water -associ-
ated birds. Also, the tidal prism, the volume of
water contained between the upper and lower ranges
of the tides, is the primary engine for water cir-
culation and, thereby, water quality".
5-82-856
Page 6
The Department of Fish and Game in comments to the Army Corps on
similar bulkhead projects (5-82-311, 312 and 315) noted that the
Department is concerned with the cumulative effects of such bulkhead
extensions throughout the lower bay and the resultant loss of habitat
and tidal prism. The Department recommends that the bulkhead be re-
placed in the same alignment or immediately adjacent to it.
The Commission in its action on the bulkhead extension for the
35th Street end (5-82-25, City of Newport Beach) found that the potential
cumulative impacts of bulkhead extensions were of major concern:
"While recognizing the unique circumstances
posed by this particular project, the commission
remains concerned with the possible cumulative im-
pacts of replacement of deteriorating bulkheads
using the method proposed by the City. Section
30105.5 defines cumulative impacts as follows:
"Cumulatively" or "cumulative effects" means
the incremental effects of an individual project
shall be reviewed in connection with the effects
of past projects, the effects of other current
projects, and the effects of probable future pro-
jects."
In comments on the Chart House Restaurant permit (5-82-12, Callahan
and Hill), the City of Newport Beach noted that potential extensions
to the U.S. Bulkhead line could occur on possibly 100 properties in
the lower bay. To allow continued extensions and fills of 24 feet
similar to this project on 100 properties would represent approximately
68,592 square feet of fill (over 1.5 acres). The City also indicated
in comments on 5-82-25 (city of Newport Beach) that the majority of
25.4 miles of the harbor shoreline is tidal prism. The City's Marine
Department estimated that roughly 70% is bulkheaded. At the extreme case,a
24 foot encroachment along"this entire area would represent a cumulative
fill of over 51 acres.
Sections 30230 and 30231 of the Coastal Act provide that the marine
resources and biological productivity be maintained, enhanced and where
feasible restored. While the method of constructing the bulkhead by
jetting the panels into place will increase turbidity and result in the
loss of some bottom dwelling species, such impacts are likely to be
temporary and will not result in severe impacts to biological produc-
tivity. However, the Commission is concerned over the permanent loss
by filling of this 1,440 square feet of habitat. Such loss would result
not only in the loss of organisms on site but the loss of area as future
habitat. Cumulatively, continued incremental fill in the bay could
reduce bottom habitat thereby altering the food chain and overall pro-
ductivity. Further, cumulative loss of tidal prism could affect water
quality and circulation and impact overall biological productivity.
As it has found in its prior actions in Newport Bay, any approval
of such bulkhead extensions and filling of this marine habitat may only
be permitted for uses consistent with Section 30233(a) of the Coastal
5-82-856
Page 7
Act. In its approval of the 35th Street extension (5-82-25) the Com-
mission permitted the bulkhead extension and backfilling as an inci-
dental public service purpose, finding that such encroachment was
necessary to protect a public street and accessway. The Commission
also noted that its action, . . ."in no way implies approval of other
bulkhead reconstruction activities bayward of existing alignments."
And, in 5-82-12 (Callahan and Hill), the Commission in approving the
filling of a marine railway to an existing bulkhead alignment for
expansion of a boat repair yard and construction of a restaurant, in-
dicated that it would significantly improve water quality and biologi-
cal productivity and that the visitor -serving use provided by the
restaurant would insure the economic viability and continued use of the
expanded and improved boat yard facility, a clearly coastal dependent
use as described in Section 30233(a).
The Commission found in similar applications to this one, 5-82-311
(Flanders), 312 (Rhinesmith) and 315 (Bell) that the replacement of a
deteriorated wood bulkhead could be approved under Section 302.35 )". * -
the protection of existing structures. . .") if the replacement bulkhead
was no further bayward than the existing bulkhead. Since the existing
wooden bulkhead fails to provide adequate protection for structures
located on the subject site, the Commission finds the project is consis-
tent with Section 30235 which allows for shoreline structures to protect
existing structures in danger.
In other actions the Commission has consistently denied projects
which would result in the filling of wetland areas for uses not per-
mitted by Section 30233(a) of the Coastal Act (e.g. Chula Vista LCP
and A-156-79 Carmel valley Road).
The project, as proposed, would reconstruct a bulkhead and fili
estuarine intertidal area for residential use resulting in the extension
of the residential lot area. The Commission finds that such encroach-
ment of a bulkhead for residential use is not an allowable activity
under Section 30233(a) nor'can the Commission find the project consistent
with Sections 30230 and 30231 of the Coastal Act which requires mainte-
nance of the biological productivity and protection of marine resources.
However, the Commission finds that the project as conditioned to
require replacement of the bulkhead in the same alignment is an al-
lowable activity under Section 30233(a) and 30235 since it will not
result in any fill of estuarine intertidal habitat.
The Commission staff considered the possible role the bulkhead
may play in maintaining the existing dredged depths of lower Newport Bay
and associated private boating piers, docks and berthing areas for
navigation, as indicated in Section 30233(a). The applicant's engineer
has indicated that the construction and replacement of the bulkhead
along the same alignment will cause erosion of the residential lot areas
into the channel. A similar argument was used in permit applications
5-82-311, 312 and 315 and the Commission found there, as it finds now,
that the amount of material which would probably erode from the subject site
is not likely to have significant effect on the design depth of the
5-82-856
Page 8
channel. Therefore, the commission finds that there is no substantial
evidence to indicate that the bulkhead extension is necessary to con-
tinued maintenance of the channel and any potential erosion which may
occur as a result of replacement along the same alignment does not
represent a significant threat tonavigation.
in permits 5-82-311, 312 and 315, the commission determined that
there are feasible less environmentally damaging alternatives to a
bayward encroachment of a seawall to be consistent with sections 30233
and 30235 of the Coastal Act.
However, as conditioned, the replacement of the bulkhead would be
required along the existing alignment which would not allow filling of
the estuarine habitat. while this alternative may require removal or
replacement of only minor structures such as fences and patios, planters
and gardens within 7-12 feet of the existing bulkhead on the residential
lot, it would prevent any filling of valuable estuarine habitat and
the Commission finds therefore that as conditioned, the project is con-
sistent with Sections 30233, 30230, 30231 and 30240 of the Coastal Act.
2. Deposition of Dredged Material. The applicant has pro-
posed to dredge up to 200 cubic yar s 0 ma from below his float
and deposit this material bayward of his existing concrete bulkhead.
Although section 30610(c) of the Coastal Act exempts maintenance dredging
at existing navigation channels, the location of the proposed dredging
is under the boat docks and floats, not in the actual navigation channels.
However, even if the proposed dredging is not exempt it is a permitted
use under Section 30233(a)(2), above. The material to be dredged has
slowly washed down by wave action from the existing beachfill that
had been previously placed bayward of the bulkhead. This original
material constituted important intertidal habitat and the replacement
of the material in its original location constitutes restoration under
Section 30233(a)(7) of the Coastal Act, as long as the wood,retaining
wall is not constructed bayward of the existing bulkhead , and this
material placed behind it.' Therefore, the Commission finds that the
project, as conditioned, is consistent with Section 30233 of the Coastal
Act.
D. Standard of Review. In May of 1982, the City of Newport Beach
received final certification of its land use plan; a major step tpward
completion of the City's Local Coastal Program (LCP). The City of
Newport Beach is now in the process of preparing the implementation
phase of its LCP. After completion of the final phase of the LCP pro-
cess the standard of review for most new projects in the coastal zone
will be the certified LCP. However, the proposed project is located on
submerged lands? and public trust lands are within the original juris-
diction of the commission, and pursuant to Coastal Act Section 30519(b),
a permit will be required for projects in these areaseven after certi-
fication of the City's LCP. And, while the commission may consider
relevant policies contAined in the City's LCP, the final standard of
review for projects located in tidelands, submerged lands, and public
trust lands are the policies of Chapter 3 of the Coastal Act.
5-82-856
Page 9
E. Relevant S nd Plan Policies. The City of Newport
Beach certifie anith�ea�Ta2nse(LUP) aesign'g—ted the project site inclu-
ding the submerged portion of the site as low density residential, which
is consistent with the existing and proposed use on the site. This
designation extends the length of the lot to the bulkhead line, indi-
cating that in this instance the proposed bayward extension of the lot
to serve a residential use would not be inconsistent with the certified
land use plan.
in addition to the above residential land use designation, the
City's certified land use plan also contains several policies relating
to Diking, Dredging and Filling. On page 21, the City's land use plan
enumerated uses which may be permitted in Wetlands, Estuaries, and Open
Coastal Waters:
1. Only the following types of developnents and activities my be permitted
in the parts of Newport Bay which are riot within the State Ecological
Peserve where there is no feasible less enviranuentally darraging
alternative, and where feasible mitagation nwsures have been provided
to minimize adverse environmental effects:
a. Construction or expansion of Port-cerine facilities.
b. Construction or expansion of cosstal-d%mAent industrial
facilities, including cmTmrcial fishing facilities, haul -Out
boat yards, coxnercial ferry facilities.
C. in open coastal waters, other than wetlands, including
estuaries, Thew or expanded boating facilities, including
slips, access raups, piers, marinas, recreational boating,
launching rwps, haul -out boat yards, and pleasure ferries.
(Fishing docks and swimrdng and surfing beaches are permitted
where they already ex�ist in Lcwer tkr4qxxrt Bay),
d. Maintenance of existing and restoration of previously dredged
depths in navigational channels and turning basins associated
with boat launching rams, and for vessel berthing and rooring
Areas. The 1974 U.S. Army Corps of Engineers raps shall be
used to establish existing Newport Bay depths.
e. Incidential public service purposes which te�porarily impact
the resources of the area, such as burying cables and pipes,
inspection of piers, and maintenance of existing intake and
cutfall lines.
The proposed retaining wall would not be consistent with these
policies of the LUP, but the dredging and deposition would be covered
under paragraph d.
In addition, the City's LUP contains policies which address miti-
gation in those instances where a project involves diking, dredging or
filling of a wetland. This mitigation consists of restoration of a
simil ' arly sized parcel.elsewhere in Newport Bay of equal or greater
biological productivity. Further, the LUP requires, on page 24:
5-82-856
Page 10
7. In addition, any project which includes diking, filling or dredging of a
wetiand or estuary -lot MaintaLin the functialai capacity of the wetland or
estuary. ft=ticndl —P2k itY means the ability Of the Wetland Or estuary
to be self-mm"ining and to maintain natural species diversity. In order
to establish that the functional ity is being maintained, the
applicant must dercnatrate an of the follaking:
a. That the project does not alter presently occurring plant and
aninal poWlations in the ecosystan in a manner that would
iffpair the lonog-term stability of the ecosystem: i.e., natural
species diversity, abundance and couposition are essentially
unchanged as a result of the project.
b. That the project does not ham or deatroy a species or habitat
that is ram or endangered.
c. That the project does not ham a species or habitat that is
esmmtial to the natural biological functioning of the wetland
or estuary.
d. Itot the project does not significantly reduce consmptive
(e.g., fishing, aquaculture and tnmting) or nOrconsmiptive
(e.g., water quality and reaearch opportunity) values of the
watland or estuarine isoosystaffn.
As far as the wooden retaining wall, as proposed is concerned, the
applicant has not demonstrated consistency with the City's LUP require-
ments. However, the replacement of the existing bulkhead and the depo-
sition of the fill material bayward of the existing bulkhead will
increase present (and restore serious) intertidal habitat and is there-
fore consistent with the City LUP policies.
While the Commission considers the foregoing LUP policies to be
relevant to the current project, since the project is situated on sub-
merged lands, these policies are advisory only, the final decision of
the Commission must be based on the policies of Chapter 3 of the Coastal
Act. The Commission therefore finds that approval of this project,
with conditions, does not prejudice the ability of the City to develop
implementation programs that are able to carry out the certified Land
Use Plan consistent with Sd7ction 30604.
F. Public Access. Sections 30210, 30211 and 30212 of the Coastal
Act provide that maximum public access opportunities to and along the
shoreline be provided in any new development. Section 30214 provides,
in part, that the public access policies shall be implemented in a manner
that takes into account the time, place and manner of public access
because of site constraints, the need to protect the privacy of adjacent
residents and to provide for maintenance and the collection of litter
and the concern for the right of the private property owners. The
City of Newport Beach Land Use Plan, as certified by the Commission,
also provided policies requiring lateral and vertical access in new
development. These policies provide that requirements for access do
not pertain to established existing residential subdivisions where no
sandy beach exists.
The proposed project is located on a lot in a built -out subdivision
between Balboa Boulevard and Lower Newport Bay. Lateral access along
the shore in this area is not possible since virtually all of the adjacent
properties are already bulkheaded. Vertical access to the water is
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5-82-856
Page 11
available 30 feet to the east and 120 feet to the west of the subject
site. The Commission finds therefore that adequate vertical access
exists nearby.
In its action on the Newport Beach LUP, the commission determined
that continuous lateral access along the Bay in existing subdivisions
should be assured where sandy beach can be reached and access can be
provided consistent with the privacy of adjacent residents. In this
case, there is a lack of sandy beach except at very low tide, the sites
are fully bulkheaded, there are numerous piers and floats severely
limiting movement along the bay seaward of the bulkhead, and the sub-
division located in the area of Lower Newport Bay is fully developed.
Continuous lateral access is not appropriate at this site since generally
it does not provide access to usable sandy beach and cannot be provided
consistent with protection of privacy and Section 30214 of the Coastal
Act.
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HARVEY SOMERS
1709 EAST BAY FRONT RECEIVEG
BALBOA, CALIFORNIA FES 14 3983
92661
(,CA Coe,31 COW,,,
February 8, 1983 �9 SCRC
California Coastal Commission
South Coast District P. 0. Box 1450
245 West Broadway, Suite 380
Long Beach, California 90802-1450
Attn: Karl Hinderer, Senior Planner
Re: Application No. 5-82-856
Dear Mr. Hinderer:
I appreciate very much the time you gave me lost week
to discuss the above application.
Confirming our conversation, I would like to defer the
Public hearing on this matter until the Commissionb
March 22-25 meeting to be held in San Pedro. When you
know the exact time and date please advise me.
I would also like to amend the application to include
sand dredging of approximately 200 cubic yard of material
in accordance with the enclosed sketch dated December
6, 1977. Further dredging is necessary to replace sand
due to erosion.
I have discussed the matter with my neighbors,William
Farnsworth (application 8-52-851) and Dr. Howard Morgan
(application 8-52-852) and you should hear from them
with the some requests.
Please advise me of any further information you require
to process my application.
Thank you very much,
cc: William Farnsworth
Dr. Howard Morgan
Si ely yoy--
Harvey Somers
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State of Califorr�a,
Gearge DmAmajion,
California Coastal Commission
South Coast District
245 West Broadway, Suite 380
P.O. Box 1450
'I', 'cg
Long Beach, California 90801-1450 X
(213) 590-5071
1-20-83
49th DAY: 3-9-83
180th DAY: 7-18-83
STAFF:— Karl Hinderer
EDITED BY: Gary Gleason
STAFF REPORT: 2-10-83 (b]2)
HEARING DATE: February 23-.25, 1983
STAFF REPORT AND RECOMMENDATION
Application No. 5-8d---856 :(SO:MeDrs)
Applicant: Harvey Somers Agent: Trautwein Brothers
1709 E. Bay Avenue ATTN: Sam Kniss
Balboa, CA 92661
Description: The construction of 60 linear feet of wood retaining
wall 24 feet seaward of the existing deteriorated
wood bulkhead which protects two existing single-
family dwellings.
Plan designation Low Density Residential (LUP Cert.)
Height of wall 6 ft. above mean lower low water
Site: 1709 E. Bay Avenue, Balboa Peninsula, Newport Beach,
Orange County. APN 048-232-24
Substantive File Documents:
1. - City of Newport Beach Certified Land Use Plan.
2. Permits 5-82-311 (Flanders); 5-82-312 (Rhinesmith);
5-82-315 (Bell); 5-82-571 (Van Orden); 5-82-25 (city
of Newport Beach); Appeal 156-79 (Carmel Valley Road);
and 6-81-15 (Carmel Valley Road),. Appeals 374-78
(Bailey) and 165-79 (Blue Lagoon).
CIUMANN11
Staff is recommending approval with a condition to replace existing
bulkhead in the same location with no further bayward encroachment.
5-82-856
Page 2
STAFF RECOMMENDATION
T . he staff recommends the commission adopt the following resolution:
Aperoval with Conditions
The commission hereby grants# subject to the conditions below, a
permit for the proposed dev-eTo—pment on the grounds that the development,
as conditioned, will be in conformity with the provisions of Chapter 3
of the California Coastal Act of 1976, will not prejudice the ability
of the local government having jurisdiction over the area to prepare a
Local Coastal Program conforming to the provisions of Chapter 3 of the
Coastal Act, is located between the sea and the first public road
nearest the shoreline and is in conformance with the public access and
public recreation policies of Chapter 3 of the Coastal Act, and will
not have any significant adverse impacts on the environment within the
meaning of the California Environmental Quality Act.
11. Standard Conditions
Egigg of Recei t and Acknowledg 'Ent. The permit is not valid
H
nstruction shall not commence unt11 a copy of the permite
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. Expir ation. if construction has not commenced, the permit will
Wx�piretwo 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. I
3. Compliance. All construction 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 wMI be resolved by the Executive Director or the
Commission.
5. InSP2 The Commission staff shall be allowed to inspect
.!t!2Nd the development during construction, subject to
24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person,
—pr—ov-Ue—dassignee 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 rn—tention of the Commission and
the permittee to bind all future owners and possessors of the
subject property to the terms and conditi;ns.
5-82-856
Page 3
III. Special Condition
This permit is subject to the following special condition:
1. Prior to transmittal of the permit, the applicant shall submit,
for the review and approval of the Executive Director, revised plans
for the bulkhead replacement which show no permanent structures bayward
of the existing bulkhead alignment.
IV. Findings and Declarations
The Commission finds and declares as fodlows:
A. crip ion The applicant is proposing to construct a
ER, ct DeE ' t'
wooden retgi_n'liii� "ll beginning at the western property line at the end
of the wall proposed by Dr. Morgan in perrnit.5-82-852. The wall is
proposed to be constructed across the entire 60 foot width of the property
24 feet bayward of an existing deteriorated wood bulkhead to connect
to the wall proposed by Mr. Farnsworth in 5-81-851, whose property is
located to the immediate east of the subject site. The existing wood
bulkhead was constructed to protect two existing single-family dwellings
on the property. The existing bulkhead is failing in at least two lo-
cations and sandbagging was necessary during recent high tide episodes.
The bulkhead is separated from the structure by 30 to 60 feet of yard
including grass,*walkways, and planters.
The applicant's bulkhead is in line with those on'both sides of
him. However, the adjacent bulkheads on both sides are concrete. The
new retaining wall would provide adequate protection for the structures
and yard without requiring the replacement of the deteriorated bulkhead
and would also provide a much larger backyard for the houses. The
applicant has indicated that sand thatis presently bayward of the ex-
isting bulkhead has been washed down under the applicant's float severely
limiting the depth, and even suspending the float at extreme low tide.
The applicant contends that the new retaining wall would be used to hold
the sand and keep it from washing down into the float area, this improving
the utility of the docking area. This application does not include a
request for dredging or filling.
B. Repair and Maintenance of Shoreline Structures. Section 30610
of the Coastal Act specifies those activities--w-h-i-c-h-7—onot require a
coastal permit. Section 30610(d) of the Coastal Act states:
4d) repair or saintansftet activities that to set
1`09ult in an addition to, or enlargement or expansion of
the object of much repair or saietanance activities:
ftrovid*d, however, that If the commission determines that
certain extraordinary nothods of repair and maintenance
that involve a risk of substantial adverse environmental
LxrPJct, It shall, by requlation, require that a permit
be obtained under this chapter.
5-82-856
Page 4
Section 13252 of the California Administrative Code further states:
(a) ror purposes of Public R65"re0s code section
30620(d), the following extraordinary methods of repair
and Maintenance shall require a coastal d*v*lcPm@nt
,parmit because they involve a risk of substantial &a -
versa environmental IMP&Ott
Any met -hod of repair or maintenance of a seawall
.r&vgtment, bluff retaining wall, broakwat*r, groin, or
similar shoreline work that invOIV45:
(1) Repair or maintenance Involving Gubst'ant"'
alteration Of the foundation of the protective work
including pilings and other surface or subsurface
structures;
(2) The placement, whether temporary or permanent,
ZriP;r:!,,artifici&I berms of @and Or other beach
feri I r any forms Of solid materials, On & b4sch
or in coastal waters, streams, wetlands, estuaries and
lakes or on a shoreline protective work;
(3) The replacement of 20t at more of the materials
of an existing structure with materials of a different
kind; or
(41 The Presence, whether temporary or permanent
of machanited construction equipment or construction
materials on any send area or bluff within 20 feet Of
coastal voters or streams.
The Comnission, in previous actions, has accorded special attention
to the repair and maintenance of shoreline structures (Appeals No. 374-
78, Bailey; Appeal No. 165-79, Blue Lagoon), in that such repair involves
such a risk of substantial adverse environmental impact and therefore
requires a permit.
c. Dikinf, Dred in and Filling and Shoreline Structures. Section
'tat the dik!Fg, dredging or filling
30233(a) of th!eit tastal �Act st�ates t
of coastal waters, wetlands, estuaries and lakes shall be permitted only
where there is no feasible less environmentally damaging alternative
and further requires that such activities be permitted only in certain
areas for certain types of development.
Those types of development enumerated under Section 30233 . (a)
include:
-(I) Ned or *:tpanded Port, energy. and coastal depenient
,ndjst r is, facilities, including commercial fishing
facilities.
(2� maintaining existing, or restoring previously dredge!
depths in existing nsvigbti"41 channels. turning
basing, vessel berthing and mooring areas, and boat
launching r:mps.
(3) in wetland reas only, entrance channels for new or
expanded boating facilities. . .
(4) in open coastal waters, other than wetlands, including
streams, estuaries, and lakes, now or expanded boating
facilities.
(5) Incident I public services.
(E) mineral :xtraction, including $and for restoring
beaches, except in environmentally sensitive areas.
(7) pestoration purposes.
(6) Natur e study, squaculture, or similar resourcV
dependent activities. . .1,
5-82-856
Page 5
In order to be consistent with Section 30233 of the Coastal Act
the project must bea permitted use listed in Section 30233(a)(1-8)
and must be the least environmentally damaging feasible alternative,
must provide feasiblemitigation measures and must maintain or enhance
the functional capacity of the wetland or estuary. The Commission
finds that with respect to the current project that although a belkhead
for a residential use is not explicitly identifiee in Section 30233(a)
(1-8) , that in this instance there are unique circumstances in that the
applicant's existing bulkhead is wooden, is deteriorating and
fails to provide adequate protection for structures on the subject
property. Therefore, it is essential to allow the applicant to replace
the deteriorating wooden bulkhead. Nevertheless, the Commission finds
that only if the new bulkhead were placed in the same alignment as the
existing bulkhead would the project be the least feasible environmentally
damaging alternative and would feasible mitigation measures be provided.
Further, Section 30235 provide$ that:
Revetments, breakwaters, groins, harbor chan-
nels, seawalls, cliff retaining walls, and other
such construction that alters natural shoreline
processes shall be permitted when required to
serve coastal -dependent uses or to protect existing
structures or public beaches in danger from erosion
and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. Existing
marine structures causing water stagnation contr4-
buting to pollution problems and fish kills should
be phased out or upgraded where feasible.
The applicant has proposed to construct the wood retaining wall
24 feet beyond the existing bulkhead alignment. The applicant's rep-
resentatives contend that replacement along the same alignment is in-
feasible. this project, as proposed, will result in the ultimate
filling and loss of approximately 1,440 square feet of subtidal and
intertidal habitat in the lower Newport Bay (Exhibits 2 and 3). In
addition, the seawall panels are proposed to be jetted into place which
will temporarily disrupt bottom habitat and increase turbidity. The
Commission finds that the proposed project is subject to Section 30233
of the Coastal ACt as it places solid material into the intertidal area.
The Lower Newport Bay is considered valuable estuarine habitat. In
previous Commission actions on the 35th Street end (5-82-25, City of
Newport Beach) the U.S. Fish and Wildlife Service and California Depart-
ment of Fish and Game noted the significance of the habitat of the lower
bay. The USFWS noted as follows:
"The estuarine habitat of lower Newport Bay is con-
sidered to be of relatively high value as a nursery
and foraging area for a variety of marine fishes
and a foraging and loafing area for water -associ-
ated birds. Also, the tidal prism, the volume of
water contained between the upper and lower ranges
of the tides, is the primary engine for water cir-
culation and, thereby, water quality":
�5-82-856
Page 6
The Department of Fish and Game in comments to the Army Corps on
similar bulkhead projects (5-82-311, 312 and 315) noted that the
Department is concerned with the cumulative effects of such bulkhead
extensions throughout.the lower bay and the resultant loss of habitat
and tidal prism. The Department recommends that the bulkhead be re-
placed in the same alignment or immediately adjacent to it.
The Commission in its action on the bulkhead extension for the
35th Street end (5-82-25, City of Newport Beach) found that the potential
cumulative impacts of bulkhead extensions were of major concern:
"While recognizing the unique circumstances
posed by this particular project, the Commission
remains concerned with the possible cumulative im-
pacts of replacement of deteriorating bulkheads
using the method proposed by the City. Section
30105.5 defines cumulative impacts as follows:
"Cumulatively" or "cumulative effects" means
the incremental effects of an individual project
shall be reviewed in connection with the effects
of past projects, the effects of other current
projects, and the effects of probable future pro-
jects.".
In comments 'on the Chart House Restaurant permit (5-82-12, Callahan
and Hill), the City of Newport Beach noted that potential extensions
to the U.S. Bulkhead line could occur on possibly 100 properties in
the lower bay. To allow continued extensions and fills of 24 feet
similar to this project on 100 properties would represent approximately
68,592 squarefeet of fill (over 1.5 acres). h� City also indicated
in comments on 5-82-25 (city of Newport Beach) �,.at,the majority of
25.4 miles of the harbor shoreline is tidal prism. The City's Marine
Department estimated that roughly 70% is bulkheaded. At the extreme case,a
24 foot encroachment along this entire area would represent a cumulative
fill of over 51 acres.
Sections 30230 and 30231 of the Coastal Act provide that the marine
resources and biological productivity be maintained, enhanced and where
feasible restored. While the method of constructing the bulkhead by
jetting the panels into p16 ' ce will increase turbidity and result in the
loss of some bottom dwelling species, such impacts are,likely to be
temporary and will not result in severe impacts to biological produc-
tivity. However, the commission is concerned over the permanent loss
by filling of this 1,440 square feet of habitat. Such loss would result
not only in the lose of organisms on site but the loss of area as future
habitat. Cumulatively continued incremental fill in the bay could
redu= bottom habitat 6ereby altering the food chain and overall pro-
ductivity. Further, cumulative loss of tidal prism could affect water
quality and circulation and impact overall biological productivity.
As it has found in its prior actions in Newport Bay, any approval
of such bulkhead extensions and filling of this marine habitat may only
be permitted for uses consistent with Section 3023 . 3(a) of the Coastal
5-82-856
Page 7
Act. In its approval of the 35th Street extension (5-82-25) the Com-
mission permitted the bulkhead extension and backfilling as an inci-
dental public service purpose, finding that such encroachment was
necessary to protect a public street and accessway. The Commission
also noted that its action. . . . min no way implies approval of other
bulkhead reconstruction activities bayward of existing alignments."
And, in 5-82-12 (Callahan and Hill), the Commission in approving the
filling of a marine railway to an existing bulkhead alignment for
expansion of a boat repair yard and construction of a restaurant, in-
dicated that it would significantly improve water quality and biologi-
cal productivity and that the visitor -serving use provided by the
restaurant would insure the economic viability and continued use of the
expanded and improved boat yard facility, a, clearly coastal dependent
use as described in Section 30233(a).
The Commission found in similar applications to this one, 5-82-311
(Flanders), 312 (Rhinesmith) and 315 (Bell) that the replacement of a
deteriorated wood bulkhead.could be approved under Section 30235 )". . .
the protection of existing structures. . .") if the replacement bulkhead
was no further bayward than the existing bulkhead. Since the existing
wooden bulkhead fails to provide adequate protection for structures
located on the subject site, the Commission finds the project is consis-
tent with Section 30235 which allows for shoreline structures to protect
existing structures in danger.
In other actions the -Commission has consistently.denied projects
which would result in the filling of wetland areas for uses not per-
mitted by Section 30233(a) of the Coastal Act (e.g. Chula Vista LCP
and A-156-79 Carmel Valley Road).
The project as proposed would reconstrc, b-ilkhead and in the
future fill estuarine intertidal area for residential use resulting
in the extension of the residential lot area. The Commission finds
that such encroachment of a bulkhead for residential use is not an
allowable activity under Section 30233(a) nor can the Commission find
the project consistent with Sections 30230 and 30231 of the Coastal Act
which requires maintenance of the biological productivity and protection
of marine resources.
However, the Commission finds that the project as conditioned to
require replacement of the bulkhead in the same alignment is an al-
lowable activity under Section 30233(a) and 36235 since it will not
result in any fill of estuarine intertidal habitat.
The Commission staff considered the possible role the bulkhead
may play in maintaining the existing dredged depths of lower Newport Bay
and associated private.boating piers, docks and berthing areas for
navigation, as indicated in Section 30233(a). The applicant's engineer
has indicated that the construction and replacement of the bulkhead
along the same alignment will cause erosion of the residential lot areas
into the channel. A similar argument was used in permit applications
5-82-311, 312 and 315 and the Commission found there, as it finds now,
that the amount of material which would probably erode from the subject site
is not likely to have significant effect on the design depth of the .
5-82-856
page 8
channel. Therefore, the Commission finds that there is no substantial
evidence to indicate that the bulkhead extension is necessary to con-
tinued maintenance of the channel and any potential erosion which may
occur as a result of replacement along the same alignment does not
represent a significant threat to navigatio . n.
In permits 5-82-311, 312 and 3151 the Cormnission determined that
there are feasible less environmentally damaging alternatives to a
bayward encroachment of a seawall to be consistent with Sections 30233
and 30235 of the coastal Act.
However, as conditioned, the replacement of the bulkhead would be
required along the existing alignment which would not allow filling of
the estuarine habitat . While this alternative may require removal Or
replacement of only minor structures such as fences and patios, planters
and gardens within 7-12 feet of the existing bulkhead on the residential
lot, it would prevent any filling of valuable estuarine habitat and
the Commission finds therefore that as conditioned, the project is con-
sistent with Sections 302330 30230, 30231 and 30240 of the Coastal Act.
D. Standard of Review. In May of 1982, the City of Newport Beach
1 a major step tpward
-;na
received tMaT_Cer_t1_f_1c—ati0n of its land use p an;
completion of the City's Local coastal Program (LCP). The City Of
Newport Beach is now in the process of preparing the implementation
phase of its LCP. 'After completion of the final phase of the LCP pro-
cess the standard of review for most new projects in the coastal zone
will be the certified LCP. However, the proposed project is located.on
submerged landsg and public trust lands are within the original juris-
diction of the Commission, and pursuant to Coastal Act Section 30519(b),
)jects in these areas even after certi-
a permit will be required for prc consider
fication of the City's LCP.. And, while the Commission may
relevant policies contained in the city's LCP, the final standard of
review for projects 1 1 ocated in tidelands, submerged lands, and public
trust lands are the policies of Chapter 3 of the Coastal Act.
E Relev . ant C1t7 Land Use plan policies. The City of Newport
i-se--pra—n7L-U—Pr7ffe-s-fgna�ted the project site inclu-
Beach �er-tT_fi-e3_Ta_nc1 I tial, which
ding the submerged portion,of the site as low density residen
is consistent with the existing and proposed use on the site. This
designation extends the length of the lot to the bulkhead line, indi-
proposed bayward extension of the lot
cating that in this instance the e certified
to serve a residential use would not be inconsistent with th
land use plan. sidential land use designation, the
in addition to the above re
City's certified land use plan also contains several policies relating
to Diking, Dredging and Filling. On page 210 the City's land use plan
enumtrated uses which may be permitted in Wetlands, Estuaries, and Open
Coastal Waters:
5-82-856
Page 9
1. only the following types of develaprents and activities my be perratted
in the parts of Noopart Day which are not within the State Zoological
Faserve Whare there is no feasible Ion erviromrantally dwoging
alternative, and wham feasible mitigation measures have been provided
to minimize adverse enviromartal effects:
a. Construction or aqwnsion of port-earine facilities. -
b. Construction cc expansion of constal-dependo t in&urtrial
facilities, including carrvxcial fishing facilities, haul -wt
boat yards, coemercial ferry facilities.
C. in open coastal waters, other than wetlands, including
extuaries, now or expanded boating facilities, including
slips, access reaps, piers, marinas, recreaticnal boating,
lawx*uM rarps, haul -cut boat yards, and pleasure ferries.
(Fishing docks w4 swimrang and Surfing beaches are paxnatted
where they already mist in law Mwport Bay) -
d. OftintenanDe of Misting and restoration of previomly dredged
depths in navigaticrAl channels and turning basins associated
with boat laurching rarrps, and for vessel berthing and mooring
areas. The 1974 U.S. Army corps of Engineers maps shall be
used to establish existing Newport Day depths.
a. Incidential public service purposes Which terporarily inpect
the resources of the area, Such as burying cables and pipes,
inspection of piers, and maintenance of evisting intake and
outfall lines.
The proposed project would not be consistent with these policies of the
LUP.
In addition, the City's LUP contains policies which address miti-
gation in those instances where a project involv- diking, dredging or
filling of a wetland. This mitigation consis+. restoration of a
similarly sized parcel elsewhere in Newport Bay of equal or greater
biological productivity. Further, the LUP requires, on page 24:
7, In addition, any project Which includes diking, filling or dredging of a
Wetland or estuary must maintain the furctional capacity of the wstland or
eartuary. Functicnal capacity means the ability of the wetland or estuary
to be Self-sustaining and to maintain natural species diversity. In order
to establish that the functional ity is being maintained, the
applicant —,at danonstrite all of the following;
a. That the project does not altar presently occurring plant are
aninal populations in the aceftlatem in a manner that waild
iffp&i.r the long-term stability of the ecosystem; i.e., natural
species diversity, sbandw*4e and conmition are essentially
unchanged as a result of the project.
b. That the project does rot ham or destroy a species or habitat
that is ram or endangered.
c. 7hat the project does nut ham a Species or habitat that is
essential to the natural biological functicning of the wetland
or esumry.
d. That the project does not significantly reduce caurmptive
(e.g., fishing, aquaculture and hunting) or nmKxrauqyt4ve
(e.g., Water quality and research apporbmity) values of the
wetland or estuarine ecosystem.
5-82-856
Page 10
The applicant has not so demonstrated in this permit application . .
While the Commission considers the foregoing LUP policies to be
relevant to the current project, since the project is situated on sub-
merged lands, these policies are advisory only I the final decision of
the commission must be based on the policies of Chapter 3 of the -Coastal
Act.
P. Public Access. Sections 30210, 30211 and 30212 of the Coastal
Act provide that maximum public access opportunities to and along the
shoreline be provided in any new development. Section 30214 provides,
in part, that the public access policies shall be implemented in a manner
that takes into account the time, place and manner of public access
because of site constraints, the need to protect the privacy of adjacent
residents and to provide for maintenance and the collection of litter
and the concern for the right of the private property owners. The
city of Newport Beach Land Use Plan, as certified by the commission,
also provided policies requiring lateral and vertical access in new
development. These policies provide that requirements for access do
not pertain to established existing residential subdivision where no
sandy beach exists.
The proposed project is located on a lot in a built -out subdivision
between Balboa Boulevard and Lower Newport Bay. Lateral access along
the shore in this area is not possible since virtually all of the adjacent
properties are already bulkheaded. Vertical access to the water is
available 30 feet to the east and 120 feet to the west.of the subject
site. The commission finds therefore that adequate vertical access
exists nearby.
In its action on the Newport Beach LUP, the commission determined
that continuous lateral access along the Bay in existing subdivisions
should be assured where sandy beach can be reached and access can be
provided consistent with the privacy of adjacent residents. In this
case, there is,a lack of sandy beach except at very low tide, the sites
are fully bulkheaded, there are numerous piers and floats severely
limiting movement along the bay seaward of the bulkhead, and the sub-
division located in the area of Lower Newport Bay is fully developed.
Continuous lateralaccess is not appropriate at this site since generally
it does not provide access to usable sandy beach and cannot be provided
consistent with protection of privacy and Section 30214 of the Coastal
Act.
mc^sLro
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'T THE POLICIES All THE ITACHEO O"A -IN-
,,EWP.RT BEACH PERMIT OMPANY
13Y 'RAUTWEIN BROTHERS WATERFRONT,
�CNSTR�UCION 1.114Z82
DATED�-
DATE
,,,IITURE
61,-�I*7u'
HARVEY SOMERS
230 EAST SEVENTEENTH STREET
COSTA MESA, CALIFORNIA 92627
PHONE 1714) 542-5055 - SUITE 209
111=1ro 7
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STATUS SHEET
HARBOR PERMITS
LOCATION. lal"
New
PERMIT NO. 1e)f-1;7e �F Revision
APPLICANT NAME hktef�l j4wd Dredging
CONTRACTOR
Date --Fee Amt. 25 fl) Fee Processed V-,-/
Date Reviewed by Marine Dept.
Approved Denied
Corection.Required - Description
City Council: Approved tl wli�,� Denied
. Remarks
3
4
5
6
7
8
DATE MATERIAL SENT/APPROVED
Application
Consent Lt r.
"Waste" Ltr.
Drawings
Staff Report
NNUT ".11TIV
C.O.E. SCRZCC
DATE FINAL INSPECTION
SARWQCB J.H.C. OR. CTY, T.I.C.
FM
December 13,1982
CITY -OF NEWPORT BEACH
Marine Department
4
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATIONS 109-1707,
BY DR. HAROLD MORGAN, HARVEY SOMERS,
BUILD A WOODEN RETAINING WALL BAYWARD
1.707o 1709, AND 1713 EAST BAY AVENUE
Recommendation:
AGENDA ITEM NO. F 18
109-1709, and 109-1713
AND W.H. FARNSWORTH TO
OF THEIR PROPERTIES AT
If desired, approve the applications subject to the following conditions:
That the applicants be required to maintain a sandy sloping beach
bayward of the proposed retaining wall, by periodic dredging.
Discussion:
This particular block on East Bay consists of the following properties: 1701,
1707, 1709 and 1713. There is currently a wooden retaining wall bayward
of 1701 and'from field inspection it is apparent that this wall has retained
the sand bayward of the residence and -a sandy sloping beach exists bayward
of the wall. The adjacent properties, 1707, 1709, and 1713 have experienced
considerable erosion to the point that they have lost the majority of the
beach bayward of their residences and improvements next to their residences
are in jeopardy.
To solve this problem the applicants are proposing tojoin the existing
retaining wall and extend it across their properties. The Harbor Permit
Policies dedling with retaining walls in this area permit their construction
at "the bayward most line of vacated East Bay Avenue". The applicants are
proposing to construct their wall approximately 30 feet back from this line
so they are well within the policies and should be able to maintain sandy
sloping beaches bayward of'the'retaining wall.
David Harshbarger
Marine Director
u m,/O/�
Tony Melum-
Tidelands Administrator
TM: db
IN REPLY REFER TO
SPLCO-R
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
8 DEC 1982
Mr. Sam Kniss
Trautwein Brothers
2410 Newport Boulevard
Newport Beach, CA 92663-3798
Dear Mr. Kniss:
Ael
Reference is made to your letter of 22 November 1982, on behalf of your client
Mr. Harvey Somers,, in which you inquired as to whether or not a permit is
required from the US Army Corps of Engineers to construct a wood retaining
wall at elevation plus 6 feet Mean Low Water (MLW) located at 1709 East Bay,
Front, city of Newport Beach, county of Orange, State of California.
Based on the information furnished in your letter (referenced above), we have
determined that the proposed project is not subject to our jurisdiction under
Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean
Water Act, provided that all work associated with this project is done above
elevation plus 5 feet MiLW. Any work done below elevation plus 5 feet MLW will
require a permit from our office.
Should you have any further questions concerning this matter, please contact
Mr. Bob Atkins in our Regulatory Functions Branch at (213) 688-5606, before
3:00 p.m. of any work day.
The receipt of your letter is appreciated.
Sincerely,
J.P. FAST
Chief, Construction -
Operations Division
t
. STATE OF
STXTE LMDS COMMISSION
KENNETH CORY, Controller
MIKE CURB, Lieutenant Go�ernor
MARY ANN GRAVES, Director of Finance
November 24, 1982
File: SD 82-11-17
Trautwein Brothers Waterfront Construction
2410 Newport Boulevard
Newport Beach, California 92663-3798
Dear Mr. Kniss:
EDMUND 0. BROWN AL, Go�mor
EXECUTIVE OFFICE
1807 - 13th Street
Sacr�ento, California 95814
CLAIRE T. DEDRICK
Executive Off icar
Subject: Construction of New Retaining Wall for Harvey Somers
at 1709 East Bay Avenue, Newport Beach, California
or 1? 7
S
The staff of the State Lands Commission has received your letter
dated November 4, 1982, and copies of the permit drawing relative to
the construction of your client's retaining wall in Newport Bay.
This is to advise that any interest the State of California may
have in the tide and submerged lands over which the proposed project
will extend has been granted in trust by the Legislature to the City
of Newport Beach. Therefore, you need not apply to the State Lands
Commissl'�,i for project authorization. You should, however, apply to
the City of Newport Beach for any necessary permits or approvals. You
should also apply to all other agencies having approval. authority.
This action does not constitute, nor shall it be construed as,
a waiver of any right, title, or interest by the State of California
in any lands under its jurisdiction.
JL: ja
Very truly yours,
JUDY LUDLO14
Granted Lands Representative
(916) 445-7134
cc: California Coastal Commission
South Coast District
Robert L. Wynn, City Manager
City of Newport Beach
CITY OF NEWPORT BEACH AGENDA ITEM NO. F 18
Marine Department
December 13,1982
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department
SUBJECT: HARBOR PERMIT APPLICATIONS 109-1707, 109-1709, and 109-1713
BY DR. HAROLD MORGAN, HARVEY SOMERS, AND W,H. FARNSWORTH TO
BUILD A WOODEN RETAINING WALL. BAYWARD OF THEIR PROPERTIES AT
1707, 1709, AND 1713 EAST BAY AVENUE
Recommendation:
If desired, approve the applications subject to the following conditions:
I. That the applicants be required to maintain a sandy sloping beach
bayward of the proposed retaining wall, by periodic dredging,
Discussion�
This particular block on East Bay consists of the following properties: 1101,
1707, 1709 and 1713. There is currently a wooden retaining wall bayward
of 1701 and from field inspection it is apparent that this wall has retained
the sand bayward of the residence and a sandy sloping beach exists bayward
of the wall. The adjacent properties, 1707, 1709, and 1713 have experienced
considerable erosion to the point that they have lost the majority of the
beach bayward of their residences and improvenents next to their residences
are in jeopardy.
To solve this problem the applicants are proposing to join the existing
retaining wall and extend it across their properties. The Harbor Permit
Policies dealing with retaining walls in this area permit their construction
at "the bayward most line of vacated East Bay Avenue". The applicants are
proposing to construct their wall approximately 30 feet back from this I ine
so they are well within the policies and should be able to maintain sandy
sloping beaches bayward of the retaining wall.
David Harshbarger
Marine Director
Tony Mehllfl
Tidelands Administrator
TM: do
Mariners Escrow Corp.
Fax #949.721.8157
CITY OF NEWPORT BEACH
Harbor Resources
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
Re: Permit #109-1709 / 1711
1709 — 1711 East Balboa Blvd.
Escrow # 29868 -BF
Dear Sirs:
The dock was inspected by the Harbor Resources Division of the City of Newport
Beach at the property mentioned above. We cannot transfer the pier permit until
the following deficiencies have been corrected and the property has been re-
inspected:
A GF1 (Ground Fault Interrupter) is required on the electrical line to the plug-in
outlet on the dock.
The Newport Beach City Council Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures shall be inspected for
compliance with the City's minimum plumbing, electrical and structural
requirements, and the conditions of the existing permit. All structural
deficiencies must be corrected prior to transfer of the permit."
Please remember, as this is a shared dock the joint owner of the dock is also
required to sign the transfer application in addition to the buyer and seller.
Please call me at 718-1844 to request a reinspection once these issues have
been remedied. Once the property has passed reinspection and the application
is signed by all parties, the dock will be transferred.
Sincerely,
dLeUre
Harbor Resources
"Date of Applicaton:
"Property Address:
I-L4RBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
12/6/05 Permit Number
1709-1711 East R
Newport Beach, CA 92661
"Buyer's Names� Chris Bri-eaudi & RK Trust
10� — r)OCI /i -7L(
Billing Address:
140 NgL�Mort Center Drive. Suite#100
Newport Beach, CA 92660
Telephone No.:
Buyer's Signatures:
"Seller's Names:
R. James Somers, Lawrence 0. Somers, Susan Somers Hanson
0
Seller's Signatures:
Joint Owner Signature:
"*Escrow Company:
mARINRs ESCROW CORPORATION
"Address
1100 NEWPORT CENTER DRIVE, SUITE#200 NEWPORT BEACH. CA 92660
**Escrow Number:
29868 -BF **Fax#: (949) 721-8157
Closing Date (Estimate):
1/06/06
*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
1 11-1 ------------------------------
Inspection Date:
Reinspection Date:
Fee Paid: Check No:
Application Complete:
Harbor Resources Signaturel0ate
Special Conditions: This pern7it is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
INSPECTION FORM
Harbor Resources Department
Date: (9 �5—
Inspection Requested By:
Inspector: Don Duffy
Pier Address:
��Pier Transfer
Reinspection
GFI Present Yes Nee None Needed Yes Need
Anti -Siphon Backflow Present
Other Comments E2�
G4�7 01v �7
Eelgrass
Yes No
Presentl I
Pump Out
Pier Location
Yes No
Operational
Recommended
Encroachrhenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments Observations
Other Request
WIN
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"AF 64
MARINE DEPARTMENT
December 9, 1977
TO: CITY MANAGER
FROM: . Marine Department
SUBJECT: REQUEST FOR APPROVAL BY CITY COUNCIL OF A DREDGING PERMIT
. BY HARVEY SOMMERS
Mr. Sommers of 1709 East Bay Avenue has requested that the City Council,
approve a Harbor Permit for ei-iiergency dredging bayward of his residence.
Mr. Sommers submitted a request 'for a permit on Thursday, December 8
assuming the application would be reviewed by the City Council on Monday,
December 12. When informed that the December 12 agenda had already been
completed, lie asked if there was any way for the Council to review his
application on December 12. He was told that the Council did provide for
"additional business" at the end of their meeting and that would be the
appropriate time for him to request Council action,
Mr. Sommers desires Council approval at this time due to*the fact that
the last feasible high tide 'in December that will provide the dredging
barge access in on December 14.- Additionally, the dredging contractor
will be relocating his equipment to Huntington Beach for the remainder
of the month.
Marine Department staff has reviewed Mr. Sommers situation in the field
and verified that an existing retaining wall is being undermined and is
in jeopardy.
The proposed project will be done within the parameter of the Corps of
Engineers general permit issued to the City. The dredging contractor
will place a filter curtain around the discharge site to control turbidity.
The project will aid in the restoration of a beach bayward of a private
residence and will provide protection for a retaining wall.
Glen E. Weldon
Tidelands Administrator
Marine Department
GEW: I I
PERMIT NO.
DREDGING APPLICATION
Project Location:— 1709 East Bay Front
Cubic Yardsto be Dredged: 200
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
fill area.
Tur bidity Control Method: Filter screen around discharge site
Effect of dredging on contiguous bulkheading and beaches Will restore
dep
(priHarris hereby state that I have read the U. S. Army
ntnirmre)s
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
a t
City of Newport Beach and orange County Harbors,Beaches and Parks Dis�rict
(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.
Harvey Somers
(A Icant-type
12/6/77
(Date)
Shellmaker, Inc.
(Contractor -type name)
Si
gned:L
IL
Contractor s
Representative
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Cov7-,fAc7'cqsAYm,,�e.,
MARINE DEPARTMENT
December 9, 1977
TO: CITY MANAGER
FROM: Marine Department
SUBJECT: REQUEST FOR APPROVAL BY CITY COUNCIL OF A DREDGING PERMIT
BY HARVEY SOMMERS
Mr. Sommers of 1709 East Bay Avenue has requested that the City Council
approve a Harbor Permit for emergency dredging bayward of his residence.
Mr. Sommers submitted a request for a permit on Thursday, December 8
assuming the application would be reviewed by the City Council on Monday,
December 12. When informed that the December 12 agenda had already been
completed, he asked if there was any way for the Council to review his
application on December 12. He was told that the Council did provide for
"additional business" at the end of their meeting and that would be the
appropriate tijie for him to request Council action.
Mr. Sommers desires Codhcil approval at this time due to the fact that
the last feasible high tide in December that will provide the dredging
barge access in on December 14. Additionally, the dredging contractor
will be relocating his equipment to Huntington Beach for the remainder
of the month.
Marine Department staff has reviewed Mr. Sommers situation in the field
and verified that an existing retaining wall is being undermined and is
in jeopardy.
The proposed project will be done within the parameter of the Corps of
P Engineers general permit issued to the City. The dredging contractor
will place a filter curtain around the discharge site to control turbidity.
The project will aid in the restoration of a beach bayward of a private
residence and will provide protection for a retaining wall.
Glen E. Welden
Tidelands Administrator
Marine Department
GEW: I I
PERMIT NO.
DREDGING APPLICATION
Project Location.:— 1709 East Bay Front
Cubic Yards to.be Dredged: 200
Method of Dredging:- Hydraulic Suction
Nature of Dredged Material; Sand/Silt
Disposition of Dredged Material:_Place materialon. adjacent beach
Method of Material Disposition: Pump through discharge pipe to disposal
fill area.
Turbidity Control Method: Filter screen around discharge site
Effect of dredging on I contiguous bulkheading and beaches Will restore
depJ4�bed beach and r&inforce bulkhead
if L H�arris hereby state that I have read the U. S. Army
I
(prin t 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.
Harvey Somers
(A—pp-li-c-a-n-t---ty-p-e--n-am-eT-
12/6/77
(Date)
Shellmaker, Inc.
(Contractor -type naffi-el
Signed:
CoiTtrac 6rs 4-,
Representative
CITY OF NEWPOR i BEACH HARBOR APPLICATION NO. 109 — 70�
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CITY OF NEWPORT BEACH
PERMISSION IS HEREBY GRAtJTZ:D TO CONSTRUCT AND
MAINTAIN THE FACILITY SNOWN W4 THE rEV2:-R--RE HERZOF,
AT THE SITE INDICAlED, SUWE'-T TO TI:Z F;lDV,Sl0%S OF
THE HARBOR PEP.7,31T POMCz-'�; OF RZOVF�OEA' =ACH AND
ANY SPECIAL CC'!D;TIC.'.-" Lt�;TrD I:i7� T�1:3 'EIIPAIT
IS NOT TRANSFERABLE CCNL::�iT OF
THE CiTY HARSOR Oct C:7Y CQUNC-L: THE
RIGHTS GWEN UNDEr TML OUILY
AND THIS PERMIT MAY U"- REVOKED L;Y'rX;L C�TY COUNCM
IN ACCORDANCEnll.IT 1 OF THE NIUNMIPAL CODE.
CITY RBOR COORDINATOR
PERMIT NO. DATE
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