HomeMy WebLinkAboutM2002-0094I OC)- 117/5
STAIE OF CALIFORNIA - NATURAL RESOURCES AGrNCY EDMUND G. BROWN, JR., Govem...
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Occangale, Suite 1000
I.ong Beach, CA 90802-4302 January 21, 2014
(562) 590-5071 1 DOANE ADDRESS CORRECTED]
Mi. Chris Miller
City ofNewport Bcach/Division ofl-Imbor Resources
829 Harbor Island Di ive
Newport Beach. CA 92660
Subject: Call d it ion Coal p I i an cc — Coasta I Development Per, ill it 5-06-117
& Conformance Nvith Consistency Certification CC -031-06 - DREDGING
Dear Mi. Millet:
Commission staff has received hiformation submitted as evidence ofcompliance with Coastal Developitwin Perini( 5-06. 117, and/or as evidence of
confalmance with Consistency Certifications CC -031-06 for (Ile following sites in the City of Newport Beach:
A linn,
Site Address
Besth
Oe,.,a
Cunittlaflve
ri�l,00, Pooerat
C..'roeta,
Dik'..1
Es,00al
Total' for 2014
betoee. 15 - 30 Feet
Eelgrass, stovev
or,' (a�,ds)
Qly' (co,do
fdisp.,al
DaOliaatian ";
flo."annoi
Caulerpe Surv�v
D,taAi,,ira.s!'
Philip Doace
1302 — 13 16 East Balboa Boole, ta d
723
0
No
ral,ras., So. vey 10/2.1/20 13
(Espires 3/l/20 H);
C.olegoo sarvey 10/28/2013
(E�,Pires 1/28/2014'1
Uta Fa ... sov., It Trast
17 13 Erot Bey Avenue
75
0
No
Edgmss Sarvey 10/25/2013
(E.phas 3/l/1014);
Coolarro, stave, 10/28/1013
(Espires 1/28/20 14)
Sub-otal
798
0
Ycqr4o.date total
798
0
798
Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistenc%
Certifications CC -03 1-06 and the Special Conditions ofCoastal Development Permit 5-06-117. please note that the eclgiass and Caulerpa bixitulia
surveys completed are only valid for a limited time period and that additional Surveys Must be completed and submitted to Commission stafffor
review if the dred.-in.- and beach nourishment events listed above do not continence prior to expiration of the initial survey. In addition, please note
that this militarization Shall e . Mar -A 31, 1014 and that all authorized work raust be completed prior to that date.
Please be advised that out), tire projects described in the materials SLibrailted for the sites listed above have been found to conform with Consistency
Cei(ificalion CC -03 1-06 and/or confounn with the ternis and conditions of Coastal Development Permit 5-06-117. Any change in the projects may
cause thern to lose their status as consistent with CC -03 1-06 andlor CDP 5-06-117. This certification is based oil iruniniation provided by (he
recipient of this letter. If, at a later date, (his information is found to be incorrect or incomplete, this letter will become invalid, and any development
occurring at that turae unit cease until a new determination regarding conformance with CC -03 1-06 and/or CDP 5-06-11 7� is obtained.
If you have any questions, please contact are at (562) 590-5071 or Mi. Mark Delaplaine at (415) 904-5200.
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mi. Pylaik Delaplainc, California Coastal Commission
Mi. Andrevs, Wench, U.S. Army Corps of Engineers (via crartil only)
Not to EXceed 1,000 cubic yards per dredging air(] beach disposal event
Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
Not to 1-I.xcecd 20,000 Cubic yards per year
If"Yes" their ifeelgrass is present between 15-30 feet front the proposed dredge material disposal frottmint (in any direction), their monitoring ofthe site For potential
eegrass impacts froin disposal operations shall be required.
.. All celgrass survey/mapping efforts must be completed during (lie active groolli phase for the vegetation (typically March through October) and shall be valid lot a
period of 120 days With (Ile MCP6011 01SUrveys completed in Aligns( - October. A survey completed in August - October shall be valid until the resumption ofactive
gi ovvth (i.e., March D.
" CHLIel-pa olNif0lia StWVCyS are Valid for 90 days fro]" (line OfSlarvey
'��7 "��
-Ii' Heilibl,
Leta Farnsworth
1713 East Bay Avenue
Newport Beach, California 92661
Dear Ms. Farnsworth:
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
915 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 90017
January 28, 2014
10�- 1-115
I am responding to your request (File No, SPL -2014-0001 8 -SME) dated December 27, 2013,
for a Department of the Army Permit to conduct dredging in and discharge dredged material into
navigable waters of the United States, in association with the 1713 East Bay Avenue Dredging
Project. The proposed work would take place in Newport Bay within the city of Newport Beach,
Orange County, California (Figures I and 2).
Based on the information you have provided, the U.S. Army Corps of Engineers (Corps) has
determined your proposed activity complies with the terms and conditions of Regional General
Permit (RGP) No. 54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required.
Specifically, you are authorized to conduct the following regulated activities:
1. Dredge up to approximately 75 cubic yards of sediment from approximately 0.008 acre of
non -wetland waters of the United States using a six-inch hydraulic suction (Figure 2) and
2. Discharge up to approximately 75 cubic yards of the dredged sediment onto the adjacent
beach below the High Tide Line, temporarily impacting approximately 0. 0 16 acre of non -
wetland waters of the United States (Figure 2).
Furthermore, you must comply with the following non -discretionary Special Conditions:
1. This letter of verification is valid through March 31, 2014.
2. A new pre -construction Caulerpa (Caulerpa taxifolia) survey shall be conducted in
accordance with the Caulerpa Control Protocol
(http://www.westcoast.fisheries.noaa.gov/publications/habitat/caulerpo�_taxifolia/eaulerpa co
ntrol_protoco1_4_.pd0 and submitted to the Corps Regulatory Division before project -related
activities cornmence. Furthermore, if work commences after March 1, 2014, a new pre -
construction eelgrass (Zostera marina) survey shall be conducted in accordance with the
Southern California Eelgrass Mitigation Policy
(htip://wNvw.westcoast.fisheries.noaa.gov/publications/habitat/califomia eelgrass mitigation/
eelpolrevI I final.pdo and submitted to the Corps Regulatory Division before pr _' ct-related
c3e
2
activities commence. No work shall be conducted until a Notice to Proceed is issued by the
Corps Regulatory Division.
Pursuant to 36 C.F.R. Section 800.13, in the event of any discoveries during dredging of
either human remains, archeological deposits, or any other type of historic property, the
Permittee shall notify the Corps' Archeology Staff within twenty-four (24) hours (Steve
Dibble at 213-452-3849 or John Killeen at 213-452-3861). The Permittee shall immediately
suspend all work in any area(s) where potential cultural resources are discovered. The
Pertnittee shall not resume construction in the area surrounding the potential cultural
resources until the Corps Regulatory Division re -authorizes project activities, per 36 C.F.R.
Section 800.13.
4. Within 45 calendar days of completion of authorizedwork in waters of the United States, the
Permittee shall submit to the Corps Regulatory Division a post -project implementation memo
indicating the date authorized impacts to waters of the United States ceased.
A general permit does not grant any property rights or exclusive privileges. Also, it does not
authorize any injury to the property or rights of others or authorize interference with any existing
or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
Thank you for participating in the regulatory prograrn. If you have any questions, contact
Stephen Estes at 213-452-3660 or via e-mail at Stophen.M.Estesgusace.arrny.mil. Please help
me to evaluate and improve the regulatory experience for others by completing the customer
survey form at http://corpsmapu.usace.army.mil/em apex/f?p=--regulatory survey.
Sincerely,
Corice J. Ff
Chief, Orange and Riverside Counties Section
South Coast Branch
Enclosures
MY OF NEwr,)RT BERCH
CITY OF
NEWPORT BERCH
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EMT
SE'M SOUNDINGS ARE EXPRESSED IN FEET
ELE'lPTIONS BASED ON MEAN LOWER
9,
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76-�Lk
DENOTE
WATER.
17t
ev�
PLAN VIEW, I
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I iv;
Walters, Lisa I 0q- 1-) 13
From: Mark Sites< mark 1 sites@yahoo. com>
Sent: Tuesday, January 21, 2014 7:02 AM
To: Walters, Lisa; Stephen M SPL Estes
Subject: Re: Request for Additional Information for the 1713 East Bay Avenue Dredging Project (Corps
File No. SPL -2014 -00018 -SME) (UNCLASSIFIED)
Lisa,
In response to Steve's request for a contact person for the "Leta Farnsworth Trust", No. SPL -2014 -00018 -SME:
Leta Farnsworth is the applicant, and her address is 1713 East Bay Ave.
Mark
On Jan 15, 2014, at 8:23 AM, "Walters, Lisa" <LWA!ttrs@ > wrote:
> Please read below.
> ----- Original Message -----
>From: Estes, Stephen M SPI-Lm<o-,Step� �.MEstes �usacea�'Il
rm m
• Sent: Wednesday, January 15, 2014 8:17 AM
• To: Wa Ite rs, Lisa
• Subject: Request for Additional Information for the 1713 East Bay Avenue Dredging Project (Corps File No. SPL -2014-
00018 -SME) (UNCLASSIFIED)
• Classification: UNCLASSIFIED
• Caveats: NONE
> Hi Lisa,
> This request for additional information is in regards to the 1713 East Bay Avenue Dredging Project (Corps File No. SPL -
2014 -00018 -SME). Please provide a point of contact at the Leta Farnsworth Trust who would serve as the applicant.
Please submit this information by February 14, 2014 or let me know if you need more time. Due to workload
considerations, we would need to withdraw the application if we do not hear back from you by that date.
> Please feel free to call me if you have any questions.
• Thank you,
• Steve
>Stephen M. Estes
* Project Manager/Biologist
* Regulatory Division, Los Angeles District
* U.S. Army Corps of Engineers
* 915 Wilshire Boulevard
* Los Angeles, California 90017-3401
* 213-452-3660 (Office)
* 213-452-4196 (FAX)
* step
> Classification: UNCLASSIFIED
> Caveats: NONE
CITY OF NEWPORT BEACH
Public Works Department
Harbor Resources Division
December 19, 2013
- j7d
California Coastal Commission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Corice Farrar
915 Wilshire Blvd.
Los Angeles, CA 90017
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
RE: Regional General Permit No. 54 - Dredging Application Submittals
Enclosed is the recent monthly batch of dredging applications for your approval, per the
California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06,
the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit, $77 Regional Water Board check included
for each application. All of these applications have been checked for accuracy and
completeness as evidenced by the attached Dredging Application City Checklist.
Thank you for your time in reviewing these applications. Please do* not hesitate to contact this
office with comments or questions, 949-644-3044.
Leta Farnsworth Trust 1713 E.. Bay Ave., Newport Beach
Sincerely,
br-�
(Ju-)OkAj�
Lisa Walters
City Hall C 100 Civic Center Drive D Post Office Box 1768
Newport Beach, California 92658-8915: www.newportbeachca.gov (949) 644-3001
ApplicantName:
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034. Fax (949) 72M589
www.newDortbeachca.Lyov/harborresources
DREDGING APPLICATION
CITY CHECKLIST
Project Site Address: \1 i �5
M Applicant address, phone number
R41
Irl
I
rQ4
EV -4
Agent & Contractor name, address, phone number (if applicable)
Project site address
Assessor's parcel number
Dredge site latitude and longitude
Disposal site:
Beach disposal latitude and longitude
Ocean disposal LA -3
Purpose and fmal goal of dredging
Method of dredging. Vessel and equipment description.
Vessel(s) Captain, Dredging & Disposal Inspector
Cubic yards dredged and disposed ( must be less than 1,000 cy.)
Area impacted (in acres)
If beach disposal, linear feet of affected beach area
Dredging and Disposal Operations Schedule
Scaled drawings (plan view and cross sectional view)
9 Site address
10 Location within the Harbor
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 oWebsite: www.newport-beach.ca.us/HBR/
DredgingApplication
City Checklist
Page 2
Location of existing dock structures
Location of existing dock structures on adjacent properties
Location of Bulkhead, Pierhead and Project Lines
Dredge depth (limited to -7 MLLW with a V allowable overdraft)
Photo(s) of dredge and disposal areas at low tide (including 30' buffer area)
Eelgrass Survey
Survey for presence of celgrass within 30' of the entire project area
Yes No Eelgrass within 15' of entire project area. Project no
permitted.
If ocean disposal and eelgrass is located greater than 15' from the project
area, then no further monitoring required
If heach disposal and eelgrass is not located within 30' of the project
area, then no further monitoring is required
If heach disposal and eelgrass is located between 15' and 30' from the
project area, then pre- and post -monitoring is required
Pre -monitoring survey attached
El Post -monitoring survey attached. Date submitted:
Eelgrass Stamp
Caulerpa Survey
Survey for Caulerpa within 30' of the entire project area
Grain Size Analysis
(1) sample per V4acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
Beach disposal:
159 Sample(s) must beat least 80% sand, or;
El At least 75% sand and within 10% of the sand content of the receiver beach
El Ocean Disposal:
El. Sample(s) must be less than 80% sand
Project is over (check one box):
93 City Tidelands
Dredging Application
City Checklist
Page 3
El County Tidelands (State Lands Commission Dredge Lease Approval)
If applicable, check one box:
0 The Irvine Company owner's approved area
El Bay Island owner's approved area
Dover Shores owner's approved area
Linda Isle owner's approved area
Check made payable to The City of Newport Beach
Check for $77 made payable to Santa Ana Regional Water Quality Control Board
21 Signed application
R1 Neighbor notification
POST DREDGING
Post Dredging Report. Datesubmitted:
Post eelgrass monitoring (if applicable)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Harbor Resources Division
Dredging Application
Regional General Permit 54
Corps File No. SPL -2011 -00249 -SME
CDP 5-06-117-A2 & CC -031-06
Water Board Consistency Permit
ExPites March 31, 2014
/,eia,- rqenswor�A
1713 6as;�B�V Ave
gcnt & Contractor Name, Address, Phone Number:
-) -71
F1,5 2 —z—
JA0. 6ox A17?
—IbLC-
t Site Address:
� 7 —/3 A
Dredge Site: Latitude F3�� ��i-
Disposal site: Latitude E �:a
)9 Beach Disposal
Cl Ocean Disposal (LA -3): Latitude 33 31'00"N
Longitude
Longitude
Longitude 117 5513011W
irpose and Final Goal of Dredging (Effect on Bulkhead and Beaches)i
Pf lv7cwe -SC'L ,%CA )0(4 1' /X LAp CA 1,%d-er 010 r- 4 P/OCL
,P
Method of Dredging (Hydraukc—, Clarnshell, Tractor, etc...
1�6 I"/, d' C., LC
-S �4c_
V8550is) &
Dredging Operations Inspector:
Disposal Operations Inspector:
czy
Parcel Number:
Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newPortbeachca.gov/harborresources (949)644-3044
and Disposed (Must be less
I -/s-
'ea Impacted (in acres):
Beach Disposal, Linear Feet of Affected Beach Area; 6=0
timated Quantity of Material Dredged from or Disposed Onto the Site
Dnn Previous Activities: �W�e�Lc�
'eclidniz and Disposal Ooeratlons Schedule -
Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. lncompk�te applications
will not be processed.
ZI Scaled drawings of the project and disposal areas (plan view and cross sectional view)
Site address
Location within the Harbor
Location and physical dimensions of existing structures on site (e.g, float, pier, gangway, pile, bulkhead)
jO Location and physical dimensions of existing structures of existing structures on adjacent properties
,Z Location of Bulkhead, Plethead, & Project Lines
,ff Dredge depth (limited to -7MLLW with a Vallowabie overdredge)
Photos of entire dredge and disposal areas at low tide (including 30'buffer area) with emphasis on Eelgrass
Eelgrass Survey- Completed by a Certified Ee)grass Diver
A. Survey for the presence of Eelgrass within 30'of the entire project area (dredge & dispose site)
B. If Eelgrass is within 15' of project area, then the project will not be permitted via RGP 54,
C. If ocean disposal:
-Any eelgrass must be located greater than 15'frorn the project area
-No further eelgrass monitoring is required
D. If beach disposal:
-If eelgrass is riot pt esent within 30' of the project site then no further monitoring is required,
-If eelgrass is present 15'-30' of the project area then pre, and post -monitoring is required.
Caulerpo Survey- Completed by Certified Caulerpa Diver
*Survey for Caulerpa within 30' of the project area (dredge and disposal sites)
)21 Grain size analysis
-M sample pet 1/4 acre and/or it least (1) sample at dredge site and (1) sample at beach disposal site
-if beach disposal sample must be at least 80% sand
)3 Project Is over (check one):
0 City Tidelands
0 County Tidelands (State Lands Commission Dredge Lease Approval)
If applicable check one box:
/0 0 The Irvine Company owner approved area
0 Bay Island owners'approved area
0 DoverShores owners'approved area
0 Linda Isle owners'approved area
Check for $WOO made payable to City of Newport Beach J1 7.3 1
ZI Check for $77 made payable to Santa Ana Regional Water Quality Control Board
Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harbol'rP.SOLirces (949)644-3044
Dredging Is notauthofized In certain areas of Newport Bay, including the Rhine channel, Portions of the West Lido Channel, areas west of
Newport Boulevard, areas north of Dover Shores, portions of the Boyside Village Marina, Promontory Bay, and portions of the Balboa
Yacht SOSO.
1, . M!& r k -S, /-e I fAppilcant / Agent), hereby certify that the Information on this application Is accurate
and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117-A2 & Federal Consistency Certification CC -
031 -06, the Army Corps of Engineers Regional General Permit No. 54 (SPL -2011 -00249 -SME) and the California Regional Water Quality
Control Board General Certification for Regional General Permit No. 54 for maintenance dredging In Newport Farbor and that I will comply
with all of the conditions In those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the
site may be subject to hazards from waves and erosion.
I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the
exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by
them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such
Permit.
I understand that any work authorized must be completed by March 31, 2014 after which a new authorization Is required, I also
understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each
dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday — Saturday) or on Sundays or holidays
must be approved by Harbor Resources.
Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by
Harbor Resources. Therefore, all dredging applications must be submitted to and received by Harbor Resources by the Ist Monday of
every month, Applications submitted prior to this deadline are encouraged and appreciated.
and / or
Updated January 2013
Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 newportbeachca.gov/harborresources (949)644-3044
C.97 OF NEWPORT SERCH
CITY OF
NEWPORT BERCH
LPK.R
m
RMT��7101
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bczav
UMT�YMRP
WNW tW, WFOMIR
My
21", -5 "Al � (, 4)
,f WEST � It 11
SIT I* = 3c�
kl RE. LPRTI—LE
0,, 3 Ll 0.57' P� P 0. 0 0 y . , , ,
)rll// 7,20-�FO,0, 0
43e"��,
EEL GRASS 04SPECTION
0 Ee grass within 15' of project
Mgrass within 15 - 30'of projed
fiNeo*l assnp,,,,-,claea
Signature
/-- I o,(o
1W,
9 MRMP-
/ �7/1
SOUNDINGS ARE EXPRCSSED IN FEET AND
I_ELEVRTIONs BASED ON MEAN LOWER LOW
-7 <,
�,_J K
DENOTE
WATER.
e e
I ale
T
0e,
/- 77
Ad.13
PLAN VIEW
JOB A""E)5 i7/S 9 A�,- DATE /.7 /1
MBC SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 1713 E. Bay Avenue
SAMPLE COLLECTION DATE: 11/22/13
TEST METHOD: Sieve Analysis:
Method 2 (Plumb 1981)
COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 11/22/13
A B
DREDGE SITE RECEIVING BEACH
Total Dry Weight of Sample: 346.11 grams (g) 112.09 grams (g)
Analysis Weight (Split Wt,): 80.71 g 46.98 g
Visual Description: A grey/brown fine sand with
A grey/brown fine sand %With
shelf hash/ no
2ravel
shell hash/ no
2ravel
Fraction
Fraction
Fraction
Fraction
Weight
% of Total
Weight
% of Total
Gravel / Shell Hash Fraction:
1.52 g
2 %
0 g
0%
>2.0mrn I> -1�)
#10 Sieve
Sand Fraction:
78.90 g
98%
46.92 g
100%
<2.Omm >0.063mm (< -1� > 4+)
#230 Sieve
Silt / Clay Fraction:
0.29 g
0%
O�06 g
0%
<0.063mm (< 4
Outline of sample collection and analysis:
COLLECTION
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into 1 liter glass containers, delonized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 500C and occasionally stirred until the entire sample is completely dry, The dry
sample Is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
The dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded, The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt1clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The slItIclay fraction is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Red Hill Avenue, Costa Mesa, CA 92626
Eelgrass Survey Reporting Form
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S, Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service,
562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218.
Site Name:
y Ave., Newport Beach
(common referen
1 Survey Contact:
I
(949) 675-1071 marklsites@yahoo.com
(name, phone, e-mail)
Permit Reference:
RGP #54
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System
port Harbor
(bay, estuary, lagoon,
Ir!7
or harbor)
Specific Location:
(UTM, Lat./Long.,
N 33 36.003'
datum, accuracy level,
W1 17 53,268'
attach electronic survey
area map if possible)
Was Eelgrass
XXXXX Yes, Eelgrass was found at this site.
Detected:
No, Ealgrass was not found at this site.
Description of
Permitted Work:
(describe briefly the
work to be conducted at
Remove sand build up at south end of dock float to prevent it
from breaking at low tides..
the site under the
permits identified
pbove)
Eelgrass Survey Reporting Form (April 2009)
Description of Site:
Depth range:
(describe the physical
+6.5'MLLW to -1 2'MLLW
and biological
conditions within the
survey area at the time
of the survey and
provide insight into
variability, if known.
Please provide units for
all numerical
information).
Substrate
Medium sand to mud over fine sand.
11
type:
64 F
NA
Fb`o;7in�ant
Eeigrass patches offshore of 'J'Street end adjacent
to the dock float (see attached aerial).
mussels and rays
:Dominant
11fauna
'o"
ecief a
None
it dF
Ot er site
de criptio
F
no s:
None
Description of Survey
Survey date
October 28, 2013 1530-1605
Effort:
and time
(please describe the
period:
surveys conducted
including type of survey
(SCUBA, remote video,
etc.) and survey
methods employed,
date of work, and
survey density
(estimated percentage
of the bottom actually
viewed). Describe any
limitations encountered
during the survey
efforts.
Horizontal
vi
w
Eelgrass Survey Reporting Form (AprII 2009)
3
Eelgrass Survey Reporting Form (April 2009)
Survey type
YCUBA survey of potential dredging site. Eelgrass
and
patches offshore of U Street end (east of the project)
methods:
were noted and mapped. Areas over 15'from the
eelgrass and still within the potential project area
were surveyed with parallel transects; perpendicular
to the shoreline. Eelgrass was not present in the
surveyed area up to 30'west of the dock.
Mark Sites
Survey
Greater than 70%
density:
Survey
limitations:
None.
Other Information:
(use this space to
Project drawing, photos, and aerial attached.
provide any additional
information or
+3.4'flood tide
references to attached
materials such as
maps, reports, etc.)
3
Eelgrass Survey Reporting Form (April 2009)
CITY OF
NEWPORT BERCH
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s PROFILE lw CLl� Ltd
SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
ELEVATIONS BASED ON MEAN LONER LOW WRTER,
A 0.57, P. 0, 0 o 8 � c ",
0. 0 ) 6
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A I DATE /.Z
Caulerpa Survey Reporting Form
This forin is required to be submitted for any surveys conducted for the invasive exotic alga
Caulerpa tw4folia that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs- of
reporting while ensuring that the required information necessary to identify and control any
potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be
conducted for this species are subject to modification through publication of revisions to the
Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey
work is following the latest protocols. For fitrther information on these protocols, please contact:
Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
November 5, 2013
Name of bay, estuary,
Lower Newport Harbor
lagoon, or harbor -
Specific Location Name:
1713 East Bay Ave.
(address or common
reference)
Site Coordinates:
(UTM, Lat./Long., datum,
N 33 36.003'
accuracy level, and an
W 117 53.268'
electronic survey area map
or hard copy of die map
must be included)
Survey Contact:
Mark Sites (949)675-1071 mark I sites@yahoo.com
(name, phone, e-mail)
Personnel Conducting
Same
Survey (if other than
above): (name., phone,
e-mail)
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Is this the first or second
First
survey for this project?
Was Caulerpa
Yes, Caulerpa was found at this site and
Detected?: (if Caulerpa is
found, please immediately
—has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
XXX Caulerpa was not found at this
above)
—No,
site.
Description of Permitted
Dredge to remove sand build up under south end of dock float to
Work: (describe briefly the
prevent it from breaking at low tide.
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
+6,5'MLLWto-12'MLLW
(describe the physical and
Substrate type:
Medium sand to mud over fine sand
biological conditions within the
survey area at the time of the
survey and provide insight into
variability, if known. Please
Tem eratUre:
P
64 F
Salinity:
NA
Dondnantflora:
Eelgrass patches offshore of T Street end,
provide units for all numerical
information).
adjacent to east side of dock float
Dominantfauna:
Rays, mussels, one spotted bass
Exotic species
None
encountered
(including any
other Caulerpa
species):
Othersite
None
description notes:
Description of Survey
Survey date and
October 28, 2013 1530-1605
Effort:
time period:
(please describe the surveys
Horizontal
7'
conducted including type of
visib�� in water:
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Survey type and
methods:
SCUBA survey of the potential dredging
site and surrounding areas for the presence
of eelgrass and Caulerpa. Parallel transects
perpendicular to the shoreline were made
west of the eelgrass patches discovered
offshore of T Street end.
Describe any limitations
I
Survey personnel.,
Mark Sites
encountered during the
survey efforts.
Survey density:
Greater than 70%
Survey limitations:
None
Other Information: (use
Project drawing, photos, site map and aerial attached
this space to provide
+3.4'MLLW flood tide
additional information or
references to attached maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.2, 10/31/04)
0
CITY OF
NEWPORT BERCH
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JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE
� ELEVATIONS BRSFD ON MEAN LOWER LOW WATER.
T
7-7-.
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F LAN V I EN 1
"'PRESS 17/3 T"e- kWT-7/1 //�:i
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STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Goverj?or
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000 Permit Application No, 5-02-350
ng Beach, CA 90802-4302 Date: December 19, 2002
32) 590-5071 Page I of 4
FR 3a
ADMINISTRATIVE PERMIT
APPLICANT: Leta Farnsworth
PROJECT
DESCRIPTION: Remove an existing float and gangway and replace in the same configuration.
No new piles are proposed.
PROJECT
LOCATION: .1713 East Bay Avenue, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any
special conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Comrnisslon at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs,
This permit will be reported to the Commission at the following time and place:
Friday, January 10, 2003
9:00 am
Radisson -LAX
6225 West Century Boulevard
Los Angeles, CA 90045 (310) 670-9000
IMPORTANT - Before you may proceed with development, the following must occur�
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office, Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J. Sy
Title: _C�oastal Program ALaLyL
California Regional Water Quality Control Board
Santa Ana Region
Whiston Ffickox ln(ernct Address: http://w�.sw-cb,ca,gov Gray Davis
See, ffiwyfor 3737 Main Sticel, Suite 500, Riverside, California 92501-3348 Governor
Envitonmenfal Phone (909) 782-4130 - FAX (909) 781-6288
P1 oleolion
November 14, 2002
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPLACEMENT OF LETA FARNSWORTH BOAT DOCI,� 1713 E. BAY
AVENUE, NEWPORT BEACH, ORANGE COUNTY
Deax Ms. Swift:
This is to correct our October 17, 2002 clearance letter to you for the above referenced project. The
project address stated in that letter was erroneously typed.
If standard dock constr�cfion methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shaim at (909) 782-3288.
Sincerely,
�i,olmeno(fuii)T.Mari�ire�Z,fY'.,
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/btwaglMet
California Environmental Protection Agency
Recycled Papal
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
Leta Farnsworth
c / 0 Swift Slip
Attention: Beth Swift
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Ms. Farnsworth:
This is in reply to your letter (No. 200300143-SJH) dated October 10, 2002, concerning our
permit authority under Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C.
403) over your proposal to remove and replace in-kind, the floating boat dock at 1713 E. Bay
Ave., in Newport Bay, in the City of Newport Beach, Orange County, California, as shown on
the enclosed drawing.
'n'Le Corps of Engineers has determined that your proposed activity complies with the
terms and conditions of Nationwide Permit 03 as described in enclosure 1. Furthermore, you
must comply with the attached non -discretionary Special Conditions,
This letter of verification is valid for a period not to exceed two years, February 18, 2005,
unless the nationwide permit is modified, reissued, revoked, or expires before that time.
Presently, all nationwide permits are scheduled to expire on March 18, 2007. It is incumbent
upon you to remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence or are under
contract to commence this activity before the date the nationwide permit is modified or
revoked, you will have twelve months from the date of the modification or revocation to
complete the activity under the present terms and conditions of the nationwide permit.
A nationwide permit does not grant any property rights or exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
February 18,2003
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
Leta Farnsworth
c / 0 Swift Slip
Attention: Beth Swift
2027 Placentia Avenue
Costa Mesa, California 92627
Dear Ms. Farnsworth:
This is in reply to your letter (No. 200300143-SJH) dated October 10, 2002, concerning our
permit authority under Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C.
403) over your proposal to remove and replace in-kind, the floating boat dock at 1713 E. Bay
Ave., in Newport Bay, in the City of Newport Beach, Orange County, California, as shown on
the enclosed drawing.
'n'Le Corps of Engineers has determined that your proposed activity complies with the
terms and conditions of Nationwide Permit 03 as described in enclosure 1. Furthermore, you
must comply with the attached non -discretionary Special Conditions,
This letter of verification is valid for a period not to exceed two years, February 18, 2005,
unless the nationwide permit is modified, reissued, revoked, or expires before that time.
Presently, all nationwide permits are scheduled to expire on March 18, 2007. It is incumbent
upon you to remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence or are under
contract to commence this activity before the date the nationwide permit is modified or
revoked, you will have twelve months from the date of the modification or revocation to
complete the activity under the present terms and conditions of the nationwide permit.
A nationwide permit does not grant any property rights or exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
171
ITY OF NEWPORT BERCH
CiTT OF
HERPORT BERCH
LF
ND
FRY
oz,91V
YICINITY MAP
k��m pf.
-4 1 01
jt,��S RR E)Pi�S
I
O�S WN
0� �a LOZTX�WRTEJO�,T
SPOPe of Work:Remo,�e and.replace
6'x4Q"-'float and 3
-..gangway.
"Like. for like".: No -A1ek1-#ij-C
.(No dimensi615a'l 6hanges.)
EEL GRASS INSPECTION
,,�E �SS WITHIN 16'OF PROJECT
D EEL GRASS IN THE PR
,PJECTAREA
-SIGNATURE
PEP&AIT# DATE
??v 4 xy
V�
V
HARB 9'
-picts bi
CITY OF NE-UPORT RI AC
7b —4 Z"
3et 3-1
CA fif fim,�- it Ronss 17/
PLAN ViEN 1' 30'
/�I/ RRTE F,(g-- 0 2-
-T �'IIT NO.
.1 . DREDGING APPLICATION
Project Loc . ation: 1701-171] E Bay Ave-,
-ubic Yards to be Dredged: '300
Met�"Icd of Dredging,
Nature of Dredged Material;
Disposition of Dredged Material: m1pall"m j."anclZ� Ort tm 'neach rqclamat�on
�Iemhc d Of Material 04snosition: pi3Oeiln ran"Ort
t
T,=bid-4tv COftt=Ol Method: 11 A "C' T? 0 1
�_ct of dredging on contiguous bulk -heading and beaches
Mark Sites hereby State that I have read tl'Q U. S. Army
(print.name)
Ccrzs (Of Engineers perMit for maIntenance "qredqiz,,g in LIew.0(:)zt Har�:cr,
City of Newport Beach and Orange County Haxbcrs,Beaches 3--d Pa--ks o4_scrjc�
(if applicable) per,"mit-for maintenance dredging and that ac--emz a— �L_
provisions therein.
Additionally Z guarantee th
hat the pronosed dredal-na
� I -
will not occur because of any altering Of existing use of the a9z
Z_ected
zone.
Gary Vose
----7App II cant- typ�' —n�me)�
8-14-87
(Date)
1 T)" a
�Contractor-ty;e Tnam�aj
Signed: CAbntra 4�
Representative
VICIAJITY SkETCH
Jerry,
NXWPCgr SAY, CA41FIANIA itrer
AA'
500�no"m5ps coo exmyersed on'e, a'n'�d�
dapOhs below A-Fea,? lowep 4ow Alq�r?�m
PW.�qdl O�' 10��V-A Yc,,6*e
are o1r..vaW~'� 'aar.
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7- (a 7-o A c 7-,&
4opeess 7a 7 S CoAlrWAcrom OA re �7
'CITY OF NEM ORT
HARBOR PEURIMMIT
pERNUSS10" or, pEpEey Cpg.��ST!:r Tt) C.OtC TP 0 CT AND
MA*MUM 'iN-E FALIM . 4 1 �,-
AT TM7.
rm "AmuR PERx"T pULgLES r nLw7nnT MADH AM.
ANY EFEWAL "7
Tkm, PER=
NUT TRA.�A
ul caw
an illy CGUNNO TV
RM.WT& u0syse Thn-� Vnwr A20 paRMAIM. QN�.,v
AND THV�'- r �:;W, -y..' C�TV C�OUWNi.
g.,
IN ACCOROW.CE VV�Tfqj TIT�,E Mull "KIM
PAY",
r, I 11
10
D�"��F,�22MATIERIALD ING
INUMP TO r'MA
M ACU�,- moi L�aai e-,,
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i
C I TY 0 F N I.,, W 1) 0 R 'Y B EA C I- I
CALIFORNIA 1*w
CRY liall
KARINE DEPARTMP ' NT 3300 N'v".]"'IL BIVO.
'10 NewpOtt lliur (,It) 673 21 If)
70PROVAL IN C0:1CF111T
APPItUVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as requirod for
application to the South Coast Regional COM!"iSsiOn Pursual't to Caiifo�-
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
a'W , jp 14,s�e� e' -;*5
Property Address:
Legal Description:
C -7. / 7 -9 '� / 71 -3
City liarbor Permit aumber:
Applicantt
Applicarlt's Mailing Address.
Applica"t's Telephone Number:
I have reviewed the plans for the foregoing (level-opment including:
Tile
general site
plan, including any
roa(js and public acces-S
to
the
shoreline.
2. The
3. The
grading plan,
general uses
if any.
and intensity of use
r
proposed for each p ar
of
the
area covered
in the application.
and find
(I
Cphey
comply with
the current adopted
1�owport Beach General
Zoning
Ordinance,
Subdivision Or(jinatice,'and
any applicable.:"Pecific
or
precise. plans
or
1; final-.
0 That a variance or exception has boen approvod and i.
':�i) VI , 'P'�
'i, SA X.,.ONCE I
iny variance. exception, conditional use purmie, or othuv ��iued
�,rmic in attached together with all conditions of approval and t)l
plans includiny approved tentative tract maps. On the basis of thiskinding,
these plans are approved in concept and said approval has been writt! pn upon
said plans, signed, and dated,
Should Newport Beach adopt an ordinance deleting, amending, or adding to thc'-
zoning ordinance or other regulations in any manner that would affect the use
of the Yroperty or the design of a project located thereon, this apyroval in
concept shall become null and void as of the effective date of this !said
ordinanbc.
In accordance with the California Environmental Quality Act of 1970)! and state
and local guidelines adopted thereunder, this development;
0� Has been determined to be ministerial or categorically exempt.
0 Has received a final Exemption Declaration or final Negative Declawation
(copy attached). I
(Vas received a Final Environmental Impact Peport (copy attachedy.
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
in it is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes, and regulations of Newport Mach.
By:
Date.
Attachments:
Harshbarger
Rari& Director
'5104 zoo'
n']
MARINE DE PARTIRENT
c/i, 0IFY PALL
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VICINITY SkETCH
WAWPPW� DAY, C.11,41FOKNIA
I'T'ry
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oeo0Ax below 4�,,or, lower Za— Wafler. A-foxt��
ra�pe 0�,, b"Gee /04-0-01 Alaho, /,�cs
are /w, ",4; 5 sec/,a� Aar.
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1AW t -NAM
MA,�ME DEPARTMENT
ch C r, PALL
3100 NEWPORT SUB,
N I Ifv,'F D' T U E A Ul. CA 9 M. f,p
7ef
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VICIMITY SkETCH
Mmw"� DAY, CAL IVOMNIA
slou�&,MqP3 ON '" 4r� OAY
&vp,'Ajl bolaw A�eo�7 4ower Wbtee. 41a,,�.
rangpe 0/' b,ole �we,4 Aearho, /,;7,5
are emiablf'shad 1.�p "A; 3 . secy'/*� ore'lVew,~11 450r,
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MAR144E DEPARTMENT
Oa CITY Hil
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NEW?DnT UFAIUN. CA WM '07 Ohy
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LLA.O.' -V
VICIMITY SKETCH I
Ngw"� DAY, CA& IlroMNIA jrr'r
O'cRecriffco, 41rit aAlf COIAO�&
SUe--,r-ID A-� dlep OA 5 �Y"� 40wel 40W, A-foll��
ra�pff 0r /0 /4'WI4 'wa'har /,;7cs
are eavable'sAwar mt Y,*;s S'rc4om arg"vow~/ Bar.
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r NAWP*Rr 5AY, CAL IFORNIA jerr
sbur;&'"95 Ord Aeell anal O�-no"&
olop �h 5 below 4�eo,7 Lowe
�r Low klope&,,. WOXI��
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1713 6
Pff-4�OA7-e
Description: Construction of 30 linear feet of wood retaining wall
24 feet seaward of the applicant's existing cement
seawall and a 23 foot long return wall to the "J" Street
end which protects an existing single-family dwelling.
Plan designation Low Density Residential
(LUP Ced.)
Height of wall 6 ft above mean lower
low water
Site: 1713 E. Bay Avenue, Balboa Peninsula, Newport Beach,
Orange County. APN 048-232-025
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
(Newport Beach); Appeal 156-79 and permit 6-81-15
(Carmel Valley Road); 5-82-852 (Morgan); 5-82-856
(Somers) and 5-82-12 (Callahan & Hill).
ciiiPTUFTEM
Staff is recommending denial on the basis of the Diking, Dredging
and Filling policies of the Coastal Act.
-7)3
'F
FnED:
1-20-83
State,of Calffomia, 111"W9111A 0)
49th DAY:
3-9-83
George DsAmel* �044'nwf
Califamia Coastal Commission
180th DAY:
7-18-83
South Coast District
STAFF:
Karl Hinderer
245 West Broadway, Suite 380 Vc
P.0, Box 1450
EDITED BY:
Gary Gleason
Inng Beach, Califomia 90801-1450
STAFF F0POFG:
2-9-83 (b2)
(213) 590-5071
HEARING DATE:
February 23-25, 1983
REG R CALENDAR
STAFF REPORT AND RECOMMENDATION
Application No. 5-82-8�1�1 (Farnsworth)
Applicant: W.H. Farnswor
Agent: Trautwein Brothers
1713 E. Bay Avenue
Attn: Sam Kniss
Balboa, CA 92661
Description: Construction of 30 linear feet of wood retaining wall
24 feet seaward of the applicant's existing cement
seawall and a 23 foot long return wall to the "J" Street
end which protects an existing single-family dwelling.
Plan designation Low Density Residential
(LUP Ced.)
Height of wall 6 ft above mean lower
low water
Site: 1713 E. Bay Avenue, Balboa Peninsula, Newport Beach,
Orange County. APN 048-232-025
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
(Newport Beach); Appeal 156-79 and permit 6-81-15
(Carmel Valley Road); 5-82-852 (Morgan); 5-82-856
(Somers) and 5-82-12 (Callahan & Hill).
ciiiPTUFTEM
Staff is recommending denial on the basis of the Diking, Dredging
and Filling policies of the Coastal Act.
5-82-851
Page 2
STAFF RECOMMENDATION
The staff recommends the commission adopt the following resolution'
I. Denial
The Commission hereby denies a permit for the proposed development
on the grounds that it woulT —not be in conformity with the provisions Of
Chapter 3 of the California Coastal Act of 1976, would 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, and would have significant adverse impacts on the
environment within the meaning of the California Environmental Quality
Act.
11. Findings and Dtclarations
The Commission finds and declares as follows:
El�� The applicant is proposing the constr1c-
A. Pr
tion of a wooden retaining wall in the same alignment as a continuation
of the wall proposed by his immediate neighbor to the west, Mr. Somers
in application 5-82-856. The proposed wall would be constructed 24
feet bayward of the applicantis existing concrete seawall. The appli-
ction of a 23 foot long return wall
cant is also proposing the constru to the existing City -owned
inplace of the existing.wooden groin to tie in
seawall at the "J" Street end.
The applicant has an existing concrete bulkhead with a cantilevered
deck and stairs attached to a pier out to his float. The existing
wooden groin is built along the eastern side of this pier. The existing
seawall appears to be functioning effectively to protect the existing
single-family dwelling and it appears that requested wall will essentially
be used to provide increased yard area for the applicant and ultimately
hold sand dredged from under the float, although no dredging or fill
has been requested in this permit application.
Sectio -
B. Dikin Dred in ..and Fill�lnand Shoreline Structures.
t t t e iking, dredging o
of t Cc s ct
at t s at t e i r filling
30233(a) of Re �Coasta�Act states t aa
etlands, estuaries and lakes shall be permitted on3
of coastal waters, w lamaging alternative an.
where there is no feasible -.less environmentally e
further requires that such activities be permitted only in certain areas
fnr nartain tvpes of development.
T . hose types of developments enumerated under Section 30233(a)
include.
5-82-851
Page 3
"(I) Maw or expanded port, energy. and coastal dep.indent.
industrial facilities, Including commercial fishing
facilities.
12) Maintaining.existing, or Irestoring previously dredged
depths in existing navigational channels. turning
basins, vessel berthing and mooring areas, and boat
launching Tps.
(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, new or expanded boating
facilities.
(5) Incidental public services. . .
(6) 14ineral extraction, including sand for restoring
beaches, except in environmentally sensitive areas.
(7) Restoration purposes.
(6) Nature study �quaculture' or similar resource
dependent ac� , Ities. . ."
In order to be consistent with Section 30233 of the Coastal Act,
the Commission finds 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.
Further, Section 30235 provides that:
Revetments, breakwaters, groins, harbor
channels, seawalls, cliff retaininq v -11s, and
other such construction that altei. natural
shoreline processes shall be permittud when re-
quired to serve coastal -dependent uses or to
protect existing structures or public beaches in
danger from erosion and when designed to elimin-
ate or mitigate adverse impacts on local shoreline
sand supply. Existing marine structures causing
water stagnation contributing 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. This will result in the ultimate
filling and loss of approximately 720 sqaure feet of subtidal and inter-
tidal habitat in the lower Newport Bay (See Exhibits 2 and 3). In ad-
dition, 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
5-82-851
Page 4
considered 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 -
associated 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 circulation and, thereby, water quality."
The Department of Fish and Game in comments to the Army Corps on
similar bulkhead projects (5-82-311, 312 & 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 such bulkheads be replaced in the
same alignment or immediately adjacent to them.
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 effect" means the
incremental effects of an individual project shall
be reviewed in connection with the effectE, of past
projects, the effects of other current projects, and
the effects of probable future projects."
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 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 bulkhead. 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 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, which impacts are likely to be
temporary and will not result in severe impacts to biological productivity.
Howevero the Commission is concerned over the permanent loss by filling
of this 720 square feet of habitat. Such loss would result not only in
the loss of organisms oft site but the loss of area -as future habitat.
Cumulatively, continued incremental fill in the bay could reduce bottom
N
5-82-851
Page 5
habitat thereby altering the food chain and overall productivity.
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 approvals
of such bulkhead extensions and filling of this marine habitat may only
be permitted for uses consistent with Section 30233(a) of the Coastal
Act. In its approval of the 35th Street extension (5-82-25), the Com-
mission permitted the bulkhead extension and backfilling as an incidental
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 for other bulkhead recon-
struction activities bayward of existing alignments." And, in 5-82-12
(Callahan and Hill), the Commission in apprbving the filling of a marine
railway to an existing bulkhead alignment for expansion of a boat repair
yard and construction of a restaurant, indicated that it would signifi-
cantly improve water quality and biological 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 application 5-82-311 (Flanders), 312
(Rhinesmith) and 5-82-315 (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.. However, in this application the existing
bulkhead is built of concrete and is in good repair, and the application
is merely to suppliment it and therefore is not approvable under Section
30235 of the Coastal Act.
In other actions, the Commission has consistently denied projects
which would result in the filling of wetland areas for uses not permitted
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 - buklhead and 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 or 30231 of the Coastal Act which requires maintenance of
the biological productivity and protection of marine resources.
C. Standard of Review. in May of .1982, the City of NewportBeach
received final certiTi�cation of its land use plan; a major step toward
complet�ion 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 process
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. It is important to point out that submerged lands, tidelands,
and public trust lands are within the original jurisdiction of the Com-
mission, and pursuant to Coastal Act Section 30519(b), a permit will be
required for projects in these areas even after certification of.the
City's LCP. And, while the Commission may consider relevant policies
5-82-851
Page 6
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.
D. Relevant City Land Use Plan Policies. The City of Newport
Beach cer—ti—fi—e-T-1—and use plam (LUP) designates t the e project site including
the submerged portion of the site as low densi y r sidential which is
consistent with the existing and proposed land 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:
2. WY the follaoing types of developments and activities ROY be pe=Itted
in the puts of Newport Buy which are rat within the State Ecological
paserve where there is no feasible 1053 =1VirQMmt&l1Y dxmging
alternative, and where feasible mtigation waviras have been provided
to Mift� &dVWW SMirCr=Mt&l effects%
a. Construction cc expansion of Part-gerine facilities.
b. omotrwtion or expansion of coaftal-dependent industrial
fwilit.jes, including =we=ial fishing facilities, hwl-out
Imcat yards, ccmmrcial ferry facilities.
C. In open ouastal voters, other than W including
facilit', �ncluding
eftwies , new Or expanded basting
slips, access rwrps, piers, Mrinas, recreational boating,
launching "Ms, toul-cut boat yards, and pleasure ferries -
(Fishing docks and wiming and virfing beaches are pernutted
Where they already waft in 10AMr HOWFOrt BOY) -
d. Mintananae of existing " restoration of previously dredged
dmpths in navigational channels and turning basins associated
with boat launching ramps, and for vessel berthing and mooring
areas. The 1974 U.S. Arny Oarps of Engineers maps shall be
used to establish existing Newport Day dq*Jls.
inci6ential public service purposes which torporarily inpact
the rescur-ces of the area, such as burying ambles and pipes,
InspecLian of piers, and muntemance of existing intake and
cutfall line .
The proposed project would not be consistent with these policies Of the
Land Use Plan.
-In additionr�the City's LUP contains policies which address mitiga-
tion in those instances where a project involves diking, dredging or
filling of a wetland. This mitigation consists of restoration of a
similarly sized parcel elsewhere in Newport Bay of equal or greater
biological productivity. Further, the LUP requires, on page 24:
5-82-851
Page 7
7. In addition, VW projwt which includes diking, filling or dredging of 8
wetlwd cw estuary =at maintain the ftwcticnal capacity of the wertland or
estuary, runctional capacity asans the ability of the watland or estuary
to be wif-surtaining and to naintain natun&I spec' a diversity. In order
to establish that the functional Capacity in being inLintained, the
applicant nwt deannstrate all of the f011admi
a. 7hat the project do" nut alter presently occurring plant am
ardnal popul tions in the sconystem in a vanner that would
lffp&ir the long -tem stability of the ecosystem; i.e., natural
species diversity, abundance ard ampoaition are essentially
wchanged as a result of the project.
b. 2tat the Project does not hSM Or destroy S species Or habitat
that is ran or endangered.
c. That the project does not harm a species or habitAt that is
essential to the natural biological functioning of the wetland
or estuary.
d. 7hat the project does not Significantly reduce 0==Ftive
(e.g., fishing, squaculture ard hunting) or ncriamirmptive
(e.g., water quality and research cpportunity) values of the
wetland or estuarine awaystem.
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, the final decision of
the Commission must be based on the policies of Chapter 3 of the Coastal
Act.
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5-82-061
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State of California; Znmwj� W
George Deukmejian, Gqv.9rmr
California Coastal Commission
South Coast District
245 West Broadway, Suite 380
R0. Box 1450
Long Reach, California 90801-1450
(213) 590-5071
FIT 1-20-83
49th DAY- 3-9-83
180th DAY: 7-18-83
STAFF: Karl Hinderer
EDITED BY: Gary Gleason
STAFF REPORT: 2-9-83 (bp)
HEARING DATE:.-F,_�24-2-�-144-3--
March 22-25, 1983
REGULAR CALENDAR
STAFF REPORT AND RECOMMENDATION
Application No. 5-82-851 (Farnsworth)
Applicant: W.H. Farnsworth Agent: Trautwein Brothers
1713 E. Bay Avenue Attn: Sam Kniss
Balboa, CA 92661
Description: Construction of 30 linear feet of wood retaining wall
24 feet seaward of the applicant's existing cement.
seawall and a 23 foot long return wall to the "J" Street
end which protects an existing single-family dwelling.
Project includes,dredging and deposition 80 cubic yards
of material seaward of the existing seawall.
Plan designation Low Density Residential
(LUP Ced.)
Height of wall 6 ft above mean lower
low water
Site: 1713 E. Bay Avenue, Balboa Peninsula, Newport Beach,
Orange County. APN 048-232-025
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
(Newport Beach);.Appeal 156-79 and permit 6-81-15
(Carmel Valley Road), 5-82-852 (Morgan); 5-82-856
(Somers) and 5-82-12 (Callahan & Hill).
SUMMARY
Staff is recommending approval of only the dredging and deposition
on the basis of the Diking, Dredging, and Filling policies of the
Coastal Act. 1_�_, \ I �Ti I
5-82-851
Page 2
STAFF RECOMMENDATION
The staff recommends the Commission adopt the following resolution:
I. Approval with_Conditions
The Commission hereby grants, 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
1. Notice of Receipt an I d Acknowledgement. The permit is not valid
and --construction 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 construction has not commenced, the permit will
Wx�piretwo years from the date on which the Commission voted on
the application. Construction *hall 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 construction must occur in strict compliance
w "t-T-Me—
i h proposal is 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. tntglilgatjon. Any questions of intent or interpretation of any
g 11 be resolved by the Executive Director or the
Commission.
5. inspections. The Commission staff shall be allowed to inspect
the site aiid the development during construction, subject to
24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person,
provided assignee files with the Commission an affidavit accepting
all terms and conditions of the permit.
Terms and Conditions Run with the Land. These terms and conditions
shall lie Pi-r-p-e-t-u-alo-and it is the Ot—ention of the Commission and
the permittee to bind all future owners and possessors of the
subject property to the terms and conditions.
III
5-82-851
Page 3
Special Condition
This permit is subject.to the following special condition:
1. Revised Plans ' . Prior to transmittal of permit, the applicant
shall submit revised plans, for the review and approval of the Executive
Director, showin no new construction bayward of the existing bulkhead,
showing the area to be dredged, and the area where the dredge.spoils are
to be deposited immediately adjacent to the existing bulkhead.
IV. Findinqs and Declarations
The Commission finds and declares as follows:
A. P;ro2 ct cri2tion. The applicant is proposing the construc-
tion of a ta ining wall in the same alignment as a continuation
of the wall proposed by his immediate neighbor to the west, Mr. Somers
in application 5-82-856. The proposed wall would be constructed 24
feet bayward of the applicant's existing concrete seawall. The appli-
cant is also proposing the construction of a 23 foot long return wall
inplace of the existing wooden groin to tie into the existing City -owned
seawall at the "J" Street end.
The applicant has an existing concrete bulkhead with a cantilevered
deck and stairs attached to a pier out to his float. The existing
wooden groin is built along the eastern side of this pier. The existing
seawall. appears to be functioning effectively to protect the existing
single-family dwelling and it appears that requested wall will essentially
be used to provide increased yard area for the applicant and ultimately
hold sand dredged from under the float. Subsequent to the preparation
of the original staff report, the applicant amended his application to
include 160 cubic yards of dredging under his existing float and depo-
sition bayward of his existing bulkhead.
B. Diking, 2� dglng d Filling and Shoreline Structures. Section
30233(a) of tHe C oa;� �ctniitates that the diking, dredging or filling
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 developments enumerated under Section 30233(a)
include:
5-82-851
Page 4
(1) New or expanded port, energy, and coastal dep-endent
industrial facilities, including commercial fishing
facilities.
(2) Maintaining existing, or restoring previously dredged
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 . . .
14) 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 environmentally sensitive areas.
(1) Restoration purposes.
(6� Nature study, aquaculture, or similar resource
dependent activities.
1. Wooden Retaining Wall. In order to be consistent with
Section 30233 of the Coastal Act the Commission must find the project
is a permitted use listed in Section 30233(a)(1-8) and is the least
environmentally damaging feasible alternative, will provide feasible
mitigation measures and will maintain or enhance the functionsl capacity
of the wetland or estuary. The Commission finds that the wooden re-
taining wall, as proposed, is not one of the permitted uses listed above,
does not provide feasible mititgation measures and is not the least
environmentally damaging feasible alternaitve. Thus, the Commission
finds that the proposed wooden retaining wall fails to meet all pro-
visions of Coastal Act Section 30233(a)(1-8).
Further, Section 30235 provides that:
Revetments, breakwaters, groins, harbor
channels, seawalls, cliff retaining walls, and
other such construction that alters natural
shoreline processes shall be permitted when re-
quired to serve coastal -dependent uses or to
protect existing structures or public beaches in
danger from erosion and when designed to elimin-
ate or mitigate adverse impacts on local shoreline
sand supply. Existing marine structures causing
water stagnation contributing to pollution problems
and fish kills should be phased out or upgraded
where feasible.
The applicant has proposed to construct the wood retaining wall and
return wall 24 feet beyond the existing bullhead. This will result in the
ultimate filling and loss of approximately 720 square feet of subtidal
and intertidal habitat in the lower Newport Bay (see Exhibits 2 and 3).
in addition, 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 new construction into the intertidal
area. The Lower Newport Bay is considered valuable estuarine habitat.
5-82-851
Page 5
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 De-
partment of Fish and Game noted the signficance of the habitat of the
lower Bay. The USFWS noted as follows:
"The estuarine habitat of lower Newport Bay
is considered 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 -associated 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 circulation and, thereby, water
quality."
The Department of Fish and Game in comments to the Army Corps on
similarbulkhead.projects (5-82-312, 312 & 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 such bulkheads be replaced in the
same alignment or immediately adjacent to them.
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:
"Cumulativel� it or cumulative effect" 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 projects.`
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 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 bulkhead. At the extreme case, a 24 foot
encroachment along this entire area would represent a cumulative fill of
over 51 acres, I
Sections 30230 and 30231 of the Coastal Act provide that marine
resources and biological productivity be maintained, enhanced and where
feasible restored. While the method of constructing the bulkhead by
5-82-85-1
Page 6
jetting the panels into place will increase turbidity and result in the
loss of some bottom dwelling species, which impacts are likely to be
temporary and will not result in severe impacts to biological productivity.
However, the Commission is concerned over the permanent loss by filling
of this 720 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
As it has found in its prior actions in Newport Bay, any.approvals
of such bulkhead extensions and filling of this marine habitat may only
be permitted for uses consistent with Section 30233(a) of the Coastal
Act. In its approval of the 35th Street extension (5-82-25), the Com-
mission permitted the bulkhead extension and backfilling as an incidental
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 for other bulkhead recon-
struction 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, indicated that it would signifi-
cantly improve water quality and biological 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 application 5-82-311 (Flanders), 312
(Rhinesmith) and 5-82-315 (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. However, in this application the existing
bulkhead is built of concrete and is in good repair, and the application
is merely to suppliment it and therefore is not approvable under Section
30235 of the Coastal Act.
In other actions, the Commission has consistently denied projects
which would result in the Silling of wetland areas for uses not permitted
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 construct a wooden retaining wall
and fill estuarine intertidal area for residential use resulting in the
extension of the residential lot area. The Commission finds that such
encroachment of a retaining wall 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.
2. De2 sj�iy2 of Dredged Material. The applicant has Pro -
ii 82
posed to dredg 0 uS c �ards ot material trom below, his float and
deposit this material bayward of his existing concrete bulkhead.
Although Section 30610(c) of the Coastal Act exempts maintenance dredging
of existing navigation channels, the location of the proposed dredging
is under the boat docks and floats, not in the navigation channels.
5-82-85-1
Page 7
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 backfill 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 the material
placed behind it. Therefore, the Commission finds that the project,
as conditioned, is consistent with Section 30233 of the Coastal Act.
C. Standard of Review. In May of 1982, the City of Newport Beach
received Y'Inal �certification of its land use plan; a major step toward.
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 process
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. it is important to point out that submerged lands, tidelands,
and public trust lands are within the original jurisdiction of the Com-
mission,and pursuant to Coastal Act Section 30519(b), a permit will be
required for projects in these areas even after certification 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.
D. Relevant City Land Use Plan Policies. The City of Ne wport
Beach cer-E�fiedland use plan (LUPT designates the project site including
the submerged portion of the site as low density residential which is,
consistent with the existing and propose� land 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 useowould 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 developyents and activities MY be Permitted
in the parts of Nwport Bay which are nort widun the State Ecological
Feserve where there is no feasible less envitument&11Y damaging
alternative, and wtr-re feasible mitigation measures have been Provided
to minimize adverse envirortwntal effects:
a. Constriction or expansion of Port -marine facilities.
b. oxtetruction or expansion of coastal -dependent industrial
facilities, including coumprcial fishing. facilities, haul -out
boat yards, ommexcial ferry facilities.
V
5-82-851
Page 8
C. In open constal waters, other than wetlands, including
estuaries, new or expanded boating facilities, including
slips, access ramps, piers, marinas, recrast�� boating,
launching ramps, haul -out boat yards, and pleasure ferries.
(Fishing docks and swimming and surfing beaches we permitted
where they already exist in lawar NOOPOrt Bay) -
d. maintenance of existing and restoration of previously dredged
depths in navigational channels and turning basins associated
with boat launching ramps, and for vessel berUwn and mooring
areas. The 1974 U.S. Army Corps of Engineers maps shall be
used to establish existing Newport Bay depths.
e. IncidentLal public service purposes which temporarily 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 wooden retaining wall would not be consistent with
these policies of the Land Use Plan.
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
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 Mist maintain the functional capacity of the wetland or
estuary. nv�icnal caps ity means the ability of the wetland or estuary
to be self-sustaining and to neuntain natural species diversity. In order
to establish that the functional capacity is being maintained, the
applicant mast demonstrate all of the following:
a. That the project does riot alter presently occurring plant and
animal populations in the ecosystem in a manner that would
impair the long-term stability of the ecosystem; i.e., natural
species diversit)(, abundance and composition are essentially
unc?wqed as a result of the project.
b. That the project does not ham or destroy a species or habitat
that is rare or endangered.
c. That the project does not he= a species or habitat that is
essential to the natural biological functioning of the wLtiand
or estuary.
d. That the project does not Significantly reduce conSUIrPtive
(e.g., fishing, aquaculture and hunting) Or ncrtdOnsuTPtive
(e.g., water quality and research cpportunity) values of the
wetland or estuarine ecosystem.
As far as the wooden retaining wall is concerned, the applicant haE
not demonstrated consistency with the City's LUP requirements. However,
the deposition of the fill material bayward of the existing bulkhead
will increase present (and restore previ'ous� intertidel habitat and is
therefore consistent with the City's LUP policies.
While the Commission considers the foregoing LUP policies to be
relevant to the current project, since the project is situated on Sul—
merged land, these policies are advisory only, the final decision of the
R
5-82-851
Page 9
commission must be based on the policies of Chapter 3 of the Coastal
Act. The commission therefore finds that approval with conditions of
this project 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 Section 30604 of the Coastal Act.
E. Public Access, Sections 30210, 30211 and 30212 of the Coastal
Act proviU_et-'Fa-E -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 develop-
ment. 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 available adjoining the site and 180 feet to the west of the
subject site. The Commission finds therefore that adequate vertical
access exists nearby.
In its action on the Newport Beacy 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, theie 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 pro.vided
consistent with protection of privacy and Section 30214 of the Coastal
Act.
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wrift., Governor
�tate of California, Edmund G. Bro
California Coastal Commission
SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 5-82-186
666 E. Ocean Blvd., Suite 3107
Long Beach, CA 90801 Page 1 of 2
(213) 590-507-1
On— April 23, 1982 , The California Coastal Commission granted to
William Farnsworth 1713 East Bay Avenue, Newport Beach, CA
this permit for the development described below, subject to the attached
Standard and Special conditions.
The applicant proposes to replace an existing U-shaped float with a
single, finger float. The new float will extend no further bayward
than the existing float.
SITE: 1713 East Bay Avenue, Newport Beach
Issued on behalf of the California Coa
ffill
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ffn=' THIS PERMIT IS NOT VALID Executive Director
UNLESS AND UNTIL A COPY OF THE PERMIT and
WITH THE SIGNED ACKNOWLEDGEMENT HAS
BEEN RETURNED TO THE COMMISSION OFFICL CP/sa
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
ffate - Signature of Permittee
5/81
Coastal Development Per No. 5 82-186
Page 2
STANDARD CONDITIONS:
Notice of Recei t and Acknowled e�,*not. The permit is not valid and construction shall not commence until a copy of
m1t e
M t. y " 'e �pemit e or authorized agent, acknowledging receipt of the permit and acceptance of the
s
gn y
Ue �oemt, S gn
terms and conditions, is returned to the Commission office,
2. Expiration. If construction has not commenced, the permit will expire two years from the date on which the Commission
voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of
time, Application for extension of the permit must be made prior to the expiration date.
3. C
alil�nRt All construction must occur in strict compliance with the proposal as set forth in the application for
. su ject 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. InterpretW�on. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the Commissi on.
5. Inseections. The Commission staff shall be allowed to inspect the site and the development during construction,
subject to N -hour advance notice.
6. A I nT t - The permit may be assigned to any qualified person, provided assignee files with the Commission an
shg,aM —Unt accepting all terns and conditions o f the permit.
7. Terms and Conditions Run with the Land. These terns and7conditions shall be perpetual, and it is the intention of the
riii �lsslon and the permittee to bind all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS: NONE
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IN REPLY REFER TO
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DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
Mr. Sam Kniss
Trautwein Brothers
2410 Newport Boulevard
Newport Beach, CA 92663-3798
Dear Mr. Kniss:
8 DEC 19a2
Reference is made to your letter of 22 November 1982, on behalf of your client
Mr. W. H. Farnsworth, in which you inquired as to whether or not a permit is
requf—red from 'the US Army Corps of Engineers to construct a wood retaining
wall at elevation plus 6 feet Mean Low Water (MLW) located at 1713 East Bay
Front, city of Newport Beach, county of Orange, State of Cali'fornia.
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 MLW. Any work done below elevation plus 5 feet MLW will
required 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
IT
Chief, Co struction-
Operations Division
STATE OF CALMORNIA EDAUND 0. POWN JL, Ca"mor.
STATE LANDS COMMSSION EXECUTIVE OFFICE
1807 - 13th Stmt
KENNETH CORY, Cantrallur
MIKE CURB, Lieutenant Gommor Saer"anto,Califemia 95814,
MARY ANN GRAVES, Director of rinance CLAIRE T. DEDRICK
Exmutive Off icar
November ;4, 1982
File: SD 82-11-17.
Trautwein Brothers Waterfront Construction
2410 Newport Boulevard Of M Q6,70
V* �1'ot , I
Newport Beach., California 92663-3798 101tR
Dear Mi. Kni ss:
Subject: Construction of New Retaining Wall for W. H. Farnsworth
at 1713 East Bay Avenue, Newport Beach, California
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 overwhich the proposed project will ex�
tend has been granted by the Legislature in trust to the City of Newport
Beach. Therefore, you need not apply to the.State Lands Commission for
project,autharization. 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 cons.trued 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 LUDLOW
Granted Lands Representative
(916) 445-7134
cc: California Coastal Commission
South Coast District
Robert L. Wynn, City Manager
I City of Newport Beach
4
STATE OF CALIFORN14—STATE LANDS COMMISSION
J%
EDMUND G. BROWN JR., 6
STATE LANDS COMMIS51ON
1807 13TIl STREET
SACRAMENTO, CALIFORNI 95814 YT
January 22, 1982
File: SD 82-01-13
Mr. Steve Barrett
Gillis and Derby, Inc.
2806 LaFayette Avenue
Newport Beach, California 92663
40 hq;k
Re: Proposed Construction and Installation of a New Finger Float for
William Parn . sworth at 1713 East Bay Avenue, Balboa, CA.
The staff of the State Lands Commission has received your letter
Of January 6, 1982 and copies of the permit drawing relative to the
Construction of your client's finger float.
This is to ad -vise that the tide and submerged lands over which the
proposed project will extend are sovereign lands-of� the State of Califor-
n3 . a.that the Legislaturegranted 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.
Very truly yours,
F�ITTU71DY' Lzow
Land Agent.*
JL:bd
.cc: California Coastal Commission
South Coast District � I
666 East Ocean Blvd., Room 2107
Long Beach, CA 90801
Attn: Nancy Lucast, District Director
Robert L. Wynn,.City Manager
City of Newport Beach, City Hall
3300 Newport Blvd,
Newport Beach,,CA 92660
11
LOCATI
STATUS SHEET
HARBOR PERMITS
New
PERMIT NO., /of -1,7t3 Revision
APPLICANT NAME Dredging_
CONTRACTOR
Date Rec'v Fee Amt. Fee Processed
Date Reviewed by Ma i ne Dept.
Al , 7— Denied
Corection Required - Description
City Council: Approved 7-�'Den i ed
I Remarks
DATE MATERIAL SENT/APPROVED
C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C.
1. Application
2. Consent Ltr.
3. "Waste" Ltr.
4. Drawings
5. Staff Report
6.
7.
8.
REMARKS
DATE FINAL INSPECTION
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CITY OF NEWPORT BEACH AGENDA ITEM NO. F 0
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 Ar
1707, 1709, AND 1713 E4ST BAY AVEMUE
Recommendation:
If desired, approve the applications subject to the following conditions:
1. That the applicants be required to maintain a sandy sloping beach
bayward of the proposed retaining wall, by periodic dredging,
Discussion�
This particular block an 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 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 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
z 7'
Tony Mel um
Tidelands Administrator
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STATUS SHEET
HARBOR PERMITS
LOCATION 1,7,1� q- , n&? New
PERMIT NO. ldf , / 7 1,q Revision ly
APPLICANT NAME k�f 4A�-- Dredging_
CONTRACTOR
Date Rec'v Fee Amt. Fee Processed
Date Reviewed by Marine.Dept.
Approved V/— Denied
CorectionRequired - Description
City Council:
I Remarks
I .
2.
3.
4.
5.
6.
7.
8.
Approved
DATE MATERIAL SENT/APPROVED
Application
Consent Ltr.
"Waste" Ltr.
Drawings
Staff Report
REMARKS
C.O.E. SCRZCC
DATE FINAL INSPECTI
�12-30-,rl
Denied
SARWQCB J.H.C. OR. CTY� T.I.C.
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PERMIT NO.
DREDGING APPLICATION
Project Location:: 1713 -East Bay Ave.
Cubic Yards to be Dredged: 155
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
Turbidity Control Method: Filter screen around discharge site
Effect of dredging on contiguous bulkheading and beaches, Will restore
depleted beach and reinforce bulkhead.
Ir Wm. L. Harris hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
W. H Farnsworth
;� n�ame�
(Ap� �MWC-�j�
3/
(Date)
Shellmaker, Inc.
(Contractor -type name)
Signed:
on ractor s
Representative
CITY OF, NEWP(-')R'T BEACH
11.0. BOX I �68, NEWPORTBEACH, CA 92063-3884
September 8, 1982
William Farnsworth
1713 East Bay Front
Balboa, CA 92661.
Dear Mr. Farnsworth:
1
The Newport Beach Marine Department has received a complaint
regarding the use of your residential float at the above
address. Specifically, the complaint is that the easterly
side of the'float is being used in violation of Section 21.A
pf the Newport Beach Harbor Pyrmit Policies which states:
2I.A. "Boats moored at private or public docks shall pot
extend beyond the projection of the property lines of the
property to which the dock facility is connected...".
To avoid further action by the Marine Department the vessel
moored on the easterly side of the float must be relocated.
If you have questions in.this regard please call me at
640-2156,
S i ncy, Y
" A&
Tony Melt
-As Aministrator
Tidelarl
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3300 Newj)ort Boulevard, Ne�,v).)ort Beach
t" a �'- / 713