HomeMy WebLinkAboutM2003-0041STAT�.OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA OFFICE
P b BOX 1450
200 OCEANGATE IP FLOOR Date: October 20, 2003
LONG BEACH, CA 90802-4325 a
(562) 590-5071 Permit Application No.: 5-02-302
Page: 1 of 6
CORRECTED
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
THIS IS NOT A COASTAL DEVELOPMENT PERMIT
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
can not commence until the CDP is effective. In order for the CDP to be effective,
Commission staff must issue the CDP to the applicant, and the. applicant must sign and
return the CDP. Commission staff cannot issue the CDP until the aoDlicant has
fulfilled each of the "Prior to issuance" Special Conditions. A list of all of the Specie
Conditions for this permit is attached.
The Commission's approval of the CDP is v ' alid for two years from the date of approval.
To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special
Conditions, obtain and sign the CDP, and commence development within two years of the
approval date specified below. You may apply for an extension of the permit pursuant to
the Commission's regulations at Cal. Code Regs. title 14, section 13169.
On May 6, 2003, the California Coastal Commission approved Coastal Development
Permit No. 5-02-302, requested by Nell & Kerry Barth subject to the attached conditions,
for development consisting of: Demolish an existing single-family residence, garage &
storage structure at 1806 East Balboa Boulevard and adjust lot lines. No further
development is proposed at 1806 East Balboa Blvd. Demolish an existing single-
family residence, garage and storage structure and construct a 9,488 square foot 2 -
story single-family home with a basement, attached 921 square foot garage and rear
yard pool, with 785 cubic yards of grading & export and adjust lot lines at 1813 East
Bay Avenue. More specifically described in the application file in the Commission offices.
Commission staff will not issue the CDP until the "Prior to issuance" soecial
conditions have been satisfied.
The development is within the coastal zone in 1806 East Balboa Boulevard & 1813 East
Bay Avenue, Newport Beach (Orange County).
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: October 20, 2003
Permit Application No.: 5-02-302
Page 2 of 6
If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions
for CDP No. 5-02-302, please contact the Coastal Program Analyst identified below.
Sincerely,
PETER M. DOUGLAS
Executive Director
By: Fernie J. Sy
Coastal Program Analyst
Date: October 20, 2003
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully understands its
contents, including all conditions imposed.
Date Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and acceptance
of the terms and conditions, is returned to the Commission office.
Expiration. If development has hot commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: October 20, 2003
Permit Application No.: 5-02-302
Page 3 of 6
4. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and conditions
of the permit.
5. Terms and Conditions Ru n with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE
LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY
QUESTIONS, PLEASE CALL THE DISTRICT OFFICE.
Geotechnical Recommendations
A. All final design and construction plans, including foundations, grading and drainage
plans, shall be consistent with all recommendations contained in the engineering
geologic investigations: Geotechnical Investigation, New Residence, 1813 East Say
Avenue, Newpott Beach, CA (Job No. 2066) prepared by Coleman Geotechnical
dated December 28, 2001; and Letter from Coleman Geotechnical (Job No. 2066)
dated October 18, 2002.
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicants shall submit, for the Executive Director's review and approval, all the
final design and construction plans and evidence that an appropriately licensed
professional has reviewed and approved those final plans and certified that each of
those final plans is consistent with all the recommendations specified in the above -
referenced geologic investigations approved by the California Coastal Commission
for the project site.
C. The permittees shall undertake development in accordance with the approved final
plans. Any proposed changes to the approved final plans shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a
Commission amendment unless the Executive Director determines that no
amendment is required.
2. Assumption of Risk, Waiver of Liability and Indemnit
By acceptance of this permit, the applicants acknowledge and agree (i) that the site may
be subject to hazards from flooding and wave uprush; (ii) to assume the risks to the
applicants and the property that is the subject of this permit of injury and damage from
such hazards in connection with this permitted development; (iii) to unconditionally waive
any claim of damage or liability against the Commission, its officers, agents, and
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: October 20, 2003
Permit Application No.: 5-02-302
i�E
employees for injury or damage from such hazards; and (iv) to indemnify and hold
harmless the Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims, demands,
damages, costs (including costs and fees incurred in defense of such claims), expenses,
and amounts paid in settlement arising from any injury or damage due to such hazards.
3. No Future Shoreline Protective Device
A(l). By acceptance of this Permit, the applicants agree, on behalf of themselves and all
other successors and assigns, that no shoreline protective device(s) shall ever be
constructed to protect the development approved pursuant to Coastal Development
Permit'No. 5-021302, including, but not limited to, the residence and any future
improvements, in the event that the development is threatened with damage or
destruction from waves, erosion, storm conditions or other natural hazards in the
future. By acceptance of this permit, the applicants hereby waive, on behalf of
themselves and all successors and assigns, any rights to construct such devices
that may exist under Public Resources Code Section 30235.
A(2). By acceptance of this Permit, the applicants further agree, on behalf of themselves
and all successors and assigns, that the landowners shall remove the development
authorized by this permit, including the house, garage, foundations, and patio, if
any government agency has ordered that the structure is not to be occupied due to
any of the hazards identified above. In the event that portions of the development
fall to the beach before they are removed, the landowners shall remove all
recoverable debris associated with the development from the beach and ocean and
lawfully dispose of the material in an approved disposal site. Such removal shall
require a coastal development permit.
4. Future Development
This permit is only for the development described in Coastal Development Permit No. 5-02-
302. Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the
exemptions otherwise provided in Public Resources Code Section 3061 0(a) shall not apply
to the development governed by Coastal Development Permit No. 5-02-302. Accordingly,
any future improvements to the single-family house and associated structures authorized
by this permit, including repair and maintenance identified as requiring a permit in Public
Resources Section 30610(d) and Title 14 California Code of Regulations Sections
13252(a) -(b), shall require an amendment to Permit No. 5-02-302 from the Commission or
shall require an additional coastal development permit from the Commission or from the
applicable certified local government.
5. Final Prolect Plans
The permittees shall undertake development in accordance with the approved finalplans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a. Commission
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: October 20, 2003
Permit Application No.: 5-02-302
Page 5 of 6
amendment to this coastal development permit unless the Executive Director determines
that no amendment is required,
6. Storage of Construction Materials, Mechanized Equipment and Removal of
Construction Debris
The permittees shall comply with the following construction -related requirements:
A. No construction materials, debris, or waste shall be placed or stored where it may
. be subject to wave, wind, rain, or tidal erosion and dispersion;
B. Any and all debris resulting from construction activities shall be removed from the
project site within 24 hours of completion of the project;
Construction debris and sediment shall be removed from construction areas each
day that construction occurs to.prevent the accumulation of sediment and other
debris which may be discharged into coastal waters;
D. All mechanized machinery shall be removed from the beach at the end of the
working day. No storage of mechanized equipment is allowed on the beach;
E. Erosion control/sedimentation Best Management Practices (BMP's) shall be used
to control dust and sedimentation impacts to coastal waters during construction.
BMPs shall include, but are not limited to: placement of sand bags around drainage
inlets to prevent run-off/sediment transport into Lower Newport Bay;
F. All construction materials, excluding lumber, shall be covered and enclosed on all
sides, and as far away from a storm drain inlet and receiving waters as possible.
7. Drainage and Run -Off Control Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicants shall submit, for review and approval of the Executive Director, a final
drainage and run-off control plan showing roof drainage and run-off from all
impervious areas directed to dry wells or vegetated/landscaped areas. Vegetated
landscaped areas shall only consist of native plants common to coastal Orange
County and/or non-native drought tolerant plants, which are non-invasive.
B. The parmittees shall undertake development in accordance with the approved final
plan. Any proposed changes to the approved final plan shall be reported to the
Executive Director. No changes to the approved final plan shall occur without a
Commission amendment to this coastal development permit unless the Executive
Directordetermines that no amendment is required.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: October'20, 2003
Permit Application No.: 5-02-302
Page 6 of 6
8. Revised Landscaping Plan
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicants shall submit a revised landscaping plan to the Executive Director for
review and approval. The revised landscaping plans shall only consist of native
plants common to coastal Orange County and/or non-native drought tolerant plants
which are non-invasive.
B. The permittees shall undertake development in accordance with the approved plan.
Any proposed changes to the approved final plan shall be reported to the Executive
Director. No changes to the approved final plans shall occur without a Commission
amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
9. Deed Restriction
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants
shall submit to the Executive Director for review and approval documentation
demonstrating that the landowners have executed and recorded against the parcel(s)
governed by this permit a deed restriction, in a form and content acceptable to the
Executive Director: (1) indicating that, pursuant to this permit, the California Coastal
Commission has authorized development on the subject property, subject to terms and
conditions that restrict the use and enjoyment of that property; and (2) imposing the
Special Conditions of this permit as covenants, conditions and restrictions on the use and
enjoyment of the Property. The deed restriction shall include a legal description of the
entire parcel or parcels governed by this permit. The deed restriction shall also indicate
that, in the event of an extinguishment or termination of the deed restriction for any reason,
the terms and conditions of this permit shall continue to restrict the use and enjoyment of
the subject property so long as either this permit or the development it authorizes, or any
part, modification, or amendment thereof, remains in existence on or with respect to the
subject property.
0
August 30, 2003
Jay Elbettar
City Building Director
Building Department
Newport Beach City Hall
3300 Newport Blvd
Newport Beach, California, 92663
Re: Neil and Kerry Barth Project, 1813 East Bay Avenue, Newport Beach, California
Dear Jay:
As you may know the Coastal Commission agreed to consider my revocation request at
the recent coastal corrunission hearing in Huntington Beach on August 7, 2003 regarding
1813 East Bay Avenue. Attached is the presentation made on my behalf at the meeting.
This presentation discusses the excessive dredging and inaccurate excavation estimates
provided by the Barth's. Unfortunately, the grounds for revocation are necessarily
narrow and my request was denied. The rules do riot allow the commission to revisit a
previously issued permit based on information that came into existence after the
commission acted, no matter how compelling that information might be.
As it stands, the Barth's will get a coastal permit to build thei r pool and accessory
structure with nine special conditions. One of the conditions is that no shoreline
protection device can ever be built on the property. However, there is no feasible way to
build this pool without a shoreline protective device. The proposed location is currently
in the rising mean high tide line. Over time, the rising bay water will undercut this
accessory structure and expose the pool wall, creating a pier -like structure potentially
causing a number of problems for the surrounding properties.
I have attempted to sketch a cross-section of the structure based on the plans submitted
by the Barth's (see attached drawing). In the sketch I have shown the sand profile as it
was just prior to submission to the coastal commission. They have made the grade
unnaturally steep to keep their dock from grounding in the sand. As you may remember,
they over dredged their property to make it look like they had more land, then did their
surveys and plans immediately after the dredging. Today, that sand has deposited back in
the water, ' reflecting the more natural tide lines, and drastically changing the size of their
bay front buildable area.
I have also attempted to show the grade as it is today. If the structure were built today,
the moat around the pool would be exposed and would be subject to erosion. This would
expose the structure and neighboring public beach and properties to further erosion,
flooding and wave run-up hazards (as described in the original Coastal Commission staff
report).
We, and our neighbors, are concerned about the following issues: Is the pool moat
structurally designed to accommodate the tidewater? Is it in the correct location? Is the
resultant pier structure consistent with the architectural aspects of the neighborhood?
Does the structure pose any potential hazards to the surrounding neighbors and public
areas if constructed without a seawater protection device as stipulated by the Coastal
Commission?
The Barth's project is, or will soon be, in for final plan check. As I stated in my last
letter to you, I respectfully request that your office carefully review the plans to ensure
the safety of the project as well as the surrounding neighbors. Please call or email me if
you have any questions. I can also provide you with a recent survey that RDM surveying
completed on August 5, 2003 if it would be helpful.
Thank you very much for your time and consideration. We are truly concerned about this
construction.
Sincerely,
A/
Tim and Cr�siine Lindenfelser
1807 East Bay Avenue
Newport Beach, CA 92661
949-584-4101
Victory.tI&OX.Det
Enclosures
cc: Tom Rossmiller
Harbor Resources Division Manager
COASTAL COMMISSION HEARING REMARKS
August 7, 2003
James D. Stroffe, Esq..
Counsel for
Timothy & Cristine Lindenfelser
. Agenda Item 18
Mr.. Chairman, Commissioners, my prepared remarks say good afternoon, I
suspect good evening is more appropriate. In light of the hour I will try to
keep my remarks to 7 minutes. My name is James Stroffe. I am an
attorney with Friedman Peterson Stroffe &.Gerard and I represent Tim &
Cristine I Lindenfelser, owners of 1807 East Bay Avenue in Newport Beach.
M . y, office address is 19800 MacArthur Boulevard, Suite 1100, Irvine, CA
92612.
My clients requested the Executive Director to revoke Permit 05-02-302,
based among other things, on the applicants' intentional inclusion of
inaccurate, incomplete and misleading information with its coastal
development permit application and their false and misleading statements
to the Commission which the Commission relied upon to issue Permit 05-
02-302. The true information, if known to the Commission and Staff, would
have caused the Commission to require additional or different conditions on
the permit or deny the application altogether.
My clients are not opposed to coastal development. They recently
completed construction of their home at 1807 East Bay Avenue -- next door
to the proposed development at 1813 East Bay Avenue for which the
permit in question was issued.
However, they are opposed to manipulation of the process through
concealment, deception and fraud. it is impossible for this Commission
and its staff to properly discharge their responsibilities to "Protect, maintain,
and, where feasible, enhance and restore the overall quality of the coastal
zone environment. . . " when applicants attempt to subvert the process by
supplying false and misleading applications and supporting documents. It
is the integrity of the process, as much as the result, that is in issue in this
hearing.
In this regard my client makes two assertions:
If the Commission had known that the Barths' bay front lot was
R!gggL filled, with sand jUgggL dredged from the bay – thus artificially
increasing its elevation along the bay front well above the MHW mark, I am
confident that Permit 05-02-302 would not have been approved, without
additional and/or different conditions being imposed.
2. If the Commission had known that the proposed project would
require excavation of over 2,680 cu.yds. of soil and export of over 1,200 cu.
yds. of soil – as compared with the Barths' application to excavate and
export 785 cu. yds." -- Permit 05-02-302 would not have been approved,
without additional and/or different conditions being imposed.
M mom M me 5 —W
With regard to point no. 1:
The staff report indicates on page 6 that "the Commission was aware that
dredging and beach nourishment on the project site was authorized, and
apparently did occur." Staff attaches Exhibit 2, CID . P 5-99-282 condition
compliance letter dated February 14, 2001 as evidence of the
Commission's knowledge on this point.
However, the Barths did not reveal and the Commission did not know that
additional, dredging took place, without a permit, on or about February 28,
2002, more than 6 months after the authorized dredging referenced in the
staff report
• No Army Corps of Engineers Permit was obtained
• No California Coastal Commission Permit was obtained.
e No Harbor Resource Management Perm, it was obtained.
My clients' revocation request (Exhibit 1, page 1) specifically identifies the
Februau 2002 dredging as the basis for their request. Clearly, this illegal
dredging was known to the applicant when their application was submitted
to the Commission on August 30, 2002. it is important to note that this
dredging activity is not permitted by ACOE nationwide permit 98002960.0 —
SIDIVI as modified since this activity was not for maintenance, but rather for
fill activity. As such it required a project specific 404 permit from the corps.
The applicant continues to misrepresent the facts to this Commission. As
recently as 2 weeks ago, on July 17th 2003, the Barths stated "Any
dredging done on our beach has been done with all proper and -required
permits including sand analysis testing This is a material misstatement
of fact intended to deceive the Commission into believing that all is as it
should be and no further investigation into the proposed project is
necessary. . in reality, however, further investigation by staff is essential.
The reason the Barth's withheld this information from the Commission
(aside from its illegality and the consequences thereof) was to conceal their
significant efforts to artificially and stealthfully, raise the elevation of their
M
so it would appear they have more buildable area toward the bay.
than naturally would exist;
& so that the set back issues, stringline issues and bulkhead issues
could be diminished in apparent importance;
a so that their consultants could state that the pool enclosure was
"not intended to be a bulk head";
so that Skelly Engineering could state after a November 29. 2002
site reconnaissance, that the 41proposed development will neither
create nor contribute significantly to erosion, geologic instability, or
destruction of the site or adjacent area."
& so that staff would rely on Skelly's report in making its
recommendations (See Staff Report, page 7), a report that is
flawed because it is premised on a belief that the beach
nourishment was only performed (See
Skelly Report, page 3).
Staff's original report clearly recognizes that "A beach that rests either
temporarily or permanently at a steeper angle than under natural, conditions
Will have less horizontal distance between the mean low water and mean
high water lines." Among other things, this will contribute to more rapid
erosion. You can see from the topographic map compieted this morning
that erosion is occurring rapidly at 1813 East Bay Front. Staff suggests
that periodic nourishment is common place at the site. While this is true,
because of the �xcessive dredging and fill activities the nourishment will be
required more frequently. In the past, the average time between dredging
was 5.4 years and the average quantity of dredge material was- 266 c.y,
The most recent approved dredging was nearly 2x this average at 430 c.y.
(not to mention the illegal February 2002 fill activity).
There are at least two problems with requiring more frequent dredging.
I., Cumulative impact to the Marine Environment
2. Effect on the improvements if it is not performed.
The Commission did not impose a gondition of beach nourishment in the
permit. Moreover, even if it had, there is no guaranty that dredging will be
allowed in the future. At present, there is a significant contro versy over eel
grass which could impact the ability of Barths - to dredge an I d perform beach
nourishment in the future. This proposed was not considered by the
Commission because it was unaware of the illegal dredging.
Without regular beach nourishment, the beach erosion will eventually
undermine the pool wall, walkway, pool and patio deck. While the caisson
supported pool structure may be structurally able to withstand this erosion,
the bayside aesthetics of this situation would be abysmal and this prospect
was not considered by the Commission because of the misleading and
omitted information.
Excavation and Export Misrepresentation
Another example of applicants' intent to mislead this Commission can be
found in its August 30, 2002 application, which states cut and export will
equal 785 cu. yds." Attached as Exhibit "A" is a summary of an analysis
performed by architect John Morgan concerning the actual excavation and
ex port required at this site. As is evident applicants vastly understated the
amount of excavation and export by a factor of 150 to 340%. Staff did not
address the impact of this large volume of excavation and export, the public
notice did not address it and the Commission did not address it. Had the
matter been addressed additional conditions regarding stockpiling of spoils
and protection of the beach and bay front could and would have been
imposed.
Conclusion
The fact that the applicants intentionally omitted to disclose material facts
concerning their illegal dredging and the large quantity of excavation that
their proposed project will involve is, of itself, sufficient to justify revocation
of the permit. Because the issues concern illegal dredging activities, and
its impact on the beach, bay, ownership, setback and stringline issues,
Permit 05-02-302 should be revoked and staff should be directed to further
investigate the proposed development application.
Exhibit A.
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8-4-2003
18 13 Fast.BaY P-19 �ectReviPZw
Dear Tim, th
I went to the city this morning and reviewed he project Plans that were submitted for e
approval in concept. I have the followingg infOrroatiOn for you to review.
Square Fo the square footages indicated for the Is' and 2�d floor are not exactly
From what I can determine footages as close as
what I would have indicated on the Plans. I have calculated the square
possible just as the city counts the square fbOtages for stairs on one floor only, areas not Open on
two sides are also counted into the city footages. I have indicated these differences below.
Floor Level . Barth' Plans ate I C Difference
Main Level (l" Floor) Of +179 s -f
3,667 plus Utility of 63 s.f 3,730 s.f. 3,909 st
U er Level(2�d Floor) 4,672 s.f 4,742 s.f. +70 s -f
PP 935 s.f +14 s.f.
Garage 921 s -f
Basement Storage 936 s.f. 936 s.f. 0 S.f.
Basement Habitable 1363 s.f 1556 sf +193.00 s -f
W1:1 jV Space
All Levels 11,622 s -f. 12,078 s.f. +456 s.f.
go "in Inform indicated that there was going to be
arin 11
The public notice for the coastal Public he 9 Ot'ce
"785 cubic yards of g . rading and eT-P0rf '- By my calculations that is far from the actual number
of yards that will -be involved in a complicated project like flus. I have been the architect
Although I have not been permitted to review the project soils report,
of record for many bay ont homes in the area and the methodology is nearly the same for each
fr for a site like this, once the site has shoring panels installed around the
lot. First of all, typically and re -compacted prior to the
site'_the entire site will be over excavated
entire perimeter of the arm Givens, site area of approx. 8100 square feet times a
removal of the earth for the basement. 1500 cubic, yards of earth that has to be moved around
5 foot Over -ex and:re-compact this equals
on the project site. Clearly this amount of grading is more than 78 . 5 cubic yards and must 0 . ccur
before the basementarea can be excavated- n
The erifi&basernent arei-b-F my: calculations is 2,492 square feet including the storage a d
-utility areas. -The depth -of the:bascruent excavationwill vary depending on if I it is storage or
habitable area. e, given . the storage area of 936 s.f times only a. 10'-0 excavation depth
Being -very conservativ
ofexport. Givcn�the remaining basement area of 1,556 s.f. times the
346 cubic yards on the sections is 1,556 s -f x 12' = 691 cubic yards
12,'�O- &pth indicateditie project plans
of export., 00
The ramp area leading down to the boat storage room will need to be excavated t . Tbisarea
is approxmiately, 35 -cubic yards of- export.
Tjj;--swm , g-poolisindicated as approximately 14' wide x 42 foot long. lfweassumea5'
� . mim : � 1,08 cubic yards of export
averagedbpth,.�thi��equates.-�to another
Not-,inclitdbd--iit:anly..,export-mumbers is the information as to the amount of cut required for the
tops of the caissons connecting them
footing�-
,Ofke,resid�nce,,,the:grade,beams between the
together and lastly the number and quantity of caissons and the exPOrt these caissons will
require- grading in:fbrmation, 1500 cubic yards of grading will be involved prior to
To summarize the
excavating for the basement. Then a minimum of 1,180 cubic yards of export will be
required. Another point to consider is that when these massive retaining walls are constructed,
generally an additional 3' offiet is required for the back of the retaining wall to be exposed
during the construction so the plumbing, water proofing can be installed. This results in
additional export during the initial construction and then the back fdl fbr the basement area.
Clearly the 1,180 cubic yards of export I calculated within a few minutes is 395 cubic yards
different from what the coastal application indicates and clearly could be grounds for such a
second review of the coastal permit for this project due to the. large amounts of grading involved
and the disparity of the information in the application.
Please call me if you have any questions.
John Morgan
ARCHITECT
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BUILDING DEPARTMENT
Jay Elbettar, Director
October 21, 2003
Mr. Tim Lindenfelser
1807 E. Bay Avenue
Newport Beach, CA 92661
SUBJECT: Swimming Pool at 1813 E. Bay Avenue, Plan Check # 2214-2003
Dear Mr. Linderifelser:
Thank you for your letter. and concerns about the pool location and Coastal Commission
conditions of approval. The Building Department enforces the pool safety (fencing)
requirements under the Uniform Building Code (UBC). The moat approach of providing
equivalent protection requires approval of "Alternate Methods" request under the Uniform
Building Code. We will request approval of the Harbor Resources Division for the pool and
moat. We rely on the Harbor Resources Division to verify that the design complies with the
Coastal Commission conditions of approval.
Please call me if you have any questions concerning this letter at (949) 644-3277. For issues
concerning the location of the pool and enforcement of Coastal Commission conditions of
approval, you may contact Tom Rossmiller, Harbor Resources Manager, at (949) 644-3041.
Very truly yours,
BUILDING DEPARTMENT
Jay Elbettar, P.E., C.B.O., Director
By:
Faisal Jurdi, Nk., C.B.O.
Deputy Building OIRZ�ial
FJ:mg
C: Yousef Barar, Plan Check Engineer
Tom Rossmiller, Harbor Resources Manager
Samir Ghosn, Harris & Assoc.
Faysa1\18l3EBayAvc[0-15-03
3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658-8915
Telephone: (949) 644-3275 - Fax: (949) 644-3250 Website: www.newport-beach.ca.us/building
e-mail: cnb-blg@city.newport-beach.ca.us
1 /40 I? -/F / :5
REPLY TO
office 6TN'tIoe' Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P 0 BOX 27 11
LOS ANGELES. CALIFORNIA W53-2325
December 17, 1993
Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
P.O. Box 1768
Newnort Beach., California 92659-1768
SUBJECT: NOTICE TO PROCEED
Dear Mr. Melum:
Reference is made to your letter (No. 94 -213 -BH) dated
November 30, 1993 in which you submitted on behalf of Neil Barth
at 1813 E. Bay Avenue a notification for the maintenance dredging
of 150 cubic yards of sand and silt material by hydraulic suction
and disposal of the dredged material on the adjacent beach.
Based on the furnished information, we have determined that
the proposed maintenance dredging activity complies with the
terms and conditions of Permit No. 89 -211 -GS provided that Mr.
Tilden's contractor does not exceed the maximum dredging design
depth of -5 feet MLLW with a maximum allowable overdepth of -1
foot MLLW.
If you have any questions, please contact Bruce Henderson at
(213) 894-0351.
Sincerely,
Mic el F. Waltz
Chief, South Coast Section
PERMIT NO.-le7—IfI3
DREDGING APPLICATION
Project Location; 1813 E. Bay Avpnnp
Cubic Yards to be Dr6dged- 150 ('-Y
Method of Dredging: hy-clzaulic -sur-tion
Nature of Dredged Materiali gAnd /sj 1 f -
Disposition of Dredged Material:_,,,,, Qgt, A4 . . . . 4 -
Method of Material Disposition:__,,,,q
Turbidity Control Method; turbidity curtain as required
Effect of dredging on contiguous bulkheading and beaches
Restores beach and reinforces bulkhead
r T.,,pn,n P Mi 1 1 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
zolle.
Neil,Barth, M.D. Shellmaker Inc.
(Kpp li cant- typename-) (Contractor- ype naT�—e)--
(Date)
11/24/93 Signed:
COntr/ctor's
Representative
CITY OF NEWPORT 8EArlH
11
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF.
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
YHE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS XW TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE
R*M ORAN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND TRW PERMIT MAY BE A y
IN ACCORVAMM !!!5��KED BY CR`, COUNCIL
. 7
WITH 7 W iH Nl��L CODE.
CITY HARSORtOOROINATOF
m /P3 ld�4 /,gj
PERMIT NO. I DATE
K,0 Fl�
amit
06-6-� 712,f21gf
SUYERS' NAME(S)
--------- Or—
MTILING %DURESS
I --'� E,;Sl.
--T'-PROVED BY:
OCHD
Eme
COUNCIL
PUBLIC WORKS Cj
DEPT"
ESCROW
INSPECTION
PERMIT IF
ADDRESS OF FACILITY:
MADE TO TRA -1
ILICATION IS HERE"
C .. �NAMAkS)
(*UdV-E NAMES
OF SELL R
Sj�.A �.R
�MATUIC OF E�ELLER�
5 GNATURE OF jol"T OWNER
APPLICATIoN APPROVFD
— 0, Cooltol �ATOR
,111�HAS
,,ABLE By THE CITy COUNCIL I
CITY OF NEWPORT BEACH- CALIF. Rev.
0
residential escrow corp.
120 Newport Center Dr., Newport Beach, CA 92660
Ste. 160 (714) 640,8772
DATE: Nov. 2, 1993
RE: Escrow NO. 14922 -MS
1813 EAst Bay, Nepwort Beach, CA
TO:. City of Nepwort Beach
Marine Division
3300 Newport Boulevard
Newport Beach, CA 92660
Form No. 210
WE ENCLOSE THE FOLLOWING ITEMS:
1. Check #12667 in the amount of $300.00
representing transfer fee for pierslie.
2. Application to transfer harbor permit -
RESIDENTIAL ESCROW CORPPRATION
BY:V4
Betty for Marilyn Sauter, Escrow officer
i r e e e w p o r t B e a c h, C A, 9 2 6 6 3
TOTAL P,02
P"IUMiT NO,
DREDGING APPLICATZON
?roject Location: 1813 E. Bay Ave.
L c Ya- -edged:
b '4s to be or 150
Method of Dredging:
Nature of Dredged Material:
Disoosition of Dredged Material- n
Method of Material Dlsposltion:
T'_'-b_4d4tV Control method.
�Z_rect. af dredging on contigt.,cus 'bulkheadirg and !�eaches
Rein.force/c-.ote
_�,Y.ark Sites hereby state that : have read til'e u. s. Ar-n,�-
C:ol-=s of Engineers Pe=it ----or maintenance d_-edgi,-.g in Zle�4'OcCt
City Of Newport 3each and Orange.county Hazbcrs,Beac.hes and; marks Disc=4-t
(if anPlicable) PerMit for mzintenance dredging and I accem- =,- the
pro'visions therein.
Additionally I guarantee that the p-rcnosed dre.dg;-a
will no-, occur because of any altering of existing use of the affe--ted
-one.
Z
Richard Voit
7--pp-Ti cant - �cypename) Conzract r -type -Inazrne)
5/27/92
(Date)
Signed:
___A_
C_- ntr
Representative
CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HERE(W.
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS Nor TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE
RIG"TS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT MAY BE REVOKED BY T14E CITY COUNCIL
IN ACCORDANCE WITH TITUk 1,7�OF_T)lE.MUlNICIAAI, CODE
CITY HA
,ffBOFriCOORDINATOR
16 - LZ -2 --
PERMIT NO. DATE
IsciicD GmEc.T TO
WFERIAL V-PIAfQ
raukcaj OP4
oe
SP6CAL CONDITIONS:
Corps Of Enomvm p0m,
OraW cogft pimAt
O"w
BUYERS' NAME(S)
fi I ( H40) 14
ULING ADDRESS
I - - . � A
APPROVED BY: DATE
OCHD
ENG
COUNCIL
PUBLIC WORKS F]
DEPT.
ESCROW F-1
INSPECTION E]
0
ADDRESS OF FACILITYr PERMIT # / 0
/11 Aq 6" , 11
" V -
TELEPHONE NO. FEE rCHECK NO.. DATE'
;,,, -e2322 1 1
IFLICATION 19 HEREBY MADE TO TRANSFER HARBOR PERMIT
BUYERS' NAME(S)
(ABOVE NAMES TO BE TYPED)
-i-
SIGNATURE OF ELLE� SIGNATURE OF -BUYER
OF SELLER -SIGNATURE OF BUYER
APPLICATION APPROVED (DATE)
REVOCABLE BY THE
WITH TITLE 17
CITY OF NEWPORT BEACH, CALIF. - FORK 46-1013 .".
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
March 2, 1989
Richard A. Voit
1813 East Bay Front
Balboa, CA 92661
Pier Permit 0109-1813-1
Dear Mr. Voit:
It has come to the attention of the Marine Department that you are
the owner of the property at the above address.
The City Council Harbor Permit Policies state:
10. " Permits for harbor structures are issued subject to the
condition that any improvements constructed shall not be sold in
whole or part, leased, or transferred, without the written consent
of the City", and
4.C. "The permit is not transferable without the written consent
of the City of Newport Beach".
We enclose "Instructions for Pier Permit Transfer" and a
transfer card. Please complete the card as indicated. Since this
is a family transfer, we need only your signature on the card.
Please return the signed card to the Marine Department of the
City of Newport Beach.
If you have questions, please call 644�3044.
Tony M/1 F, um
Tidelands Administrator
3300 Newport Boulevard, Newport Beach
0 0 r
STATE OF CALIFORNIA -THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gonmar
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 WEST BROADWAY, SUITE 380
LONG BEACH, CA 90802 a
(213) 590-5071 Date: March 1,1088
TO: Trautwein Brothers Waterfront Const.
2410 Newport Boulevard
Newport Beach, CA 92663
SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis
Developments -Section 30624.7 of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Fxecutive Director of the
Coastal Commission hereby waives the requirement for a Coastal Development
Permit -pursuant to Section 13238.1, Title 14, California Administrative Code.
If, at a later date, this information is found to be incorrect or the plans
revised, this decision will become Invalid; and, any development occurring
must cease until a.coastal development permit is obtained or any discrepancy
is resolved in writing -
WAIVER APPLICANT: Richard A. Voit
LOCATION: IB13 E. Bay Avenue
BALBOA
PROPOSED DEVELOPMENT: Replace an existing residential dock with a 341 long
residential dock within the U,S. Project line which is 201 seaward of the U.S.
Pierhead line.
RATIONALE: Because the channel is wide in this general area and the beach
profile is higher within the U.S. Pierhead line area, the City and the
Commission historically have permitted docks upto the U.S. Project line; thus,
minimizing the need for dredging. Therefore the project is consistent with
the Commission's previous actions and the Coastal Act.
This waiver will not become effective until reported to the Commission at their,
. March 22-25, 1988 , meeting and the site of the proposed
development has been appropriately noticed, pursuant to 13054(b) of the
Administrative Code. The enclosed Notice Card shall remain posted at the site
until the waiver has been validated and no less than seven days prior to the
Commission hearing. If four (4) Commissioners object to this waiver of permit
requirements, a coastal development permit will be required.
69" eFat,$,4�_ by: �9
CHARLES DAMM
South Coast District Director
cc: Commissioners/File
PG: nw
511 BA
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MAINTAIN THE FACILITY TI'-�
AT THE .
SITS: TO TV-�
THE HARBOR I'VirTIT POLICtE,; OF t;FV�."porZT W17ACH AND
ANY SPECIAL CONDITIONS LISTED HF;1!Erq- TVN5 PERMIT
15 NOT TRANSFERABLE VJ�TOIO'UT THE f. ONSENT OF
THE CITY HARPOR COORDMiA70N 09 ll,�Ty C.r lJNCIL. THE
pr'r��j� SSIVE ONLY
RIGHTS GIVEN UNDER THIS PERAlliT I -RE 1.
AND THIS PERMIT MAY BF, REVOKED. IV VfZ CITY COUNC3L
IN ACCORDAWCF WITH TITLE 17 OFTNE MUNICI-z-4L CODE'
T6W
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P.E.R FT WHO.
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pERMII, yo P,0?�STRUCT AND
MAINTAPI THE FACMITY sHol""N ON T15E vr� manop,
AT THE SITr WDOCATCO, sajuj'�x�r to Tl�.! Pn�vni'�ans OF
THE HARBOR PEW -JUT POLICVF? 'OF S�r-%CH AND
ANY SPECIAL CONDITIONS USTED VEnKON, Tk,�5 PERMIT
15 NOT TnANSFERABLE WITVIOUT THE fAMSENT OF
THE CITY HaRgOIR COORDMWOR OR. egrtr CC k*1CM. THE
RIGHTS GIVEN UI4DEn TH;S pEnrjjj7 PIF.x�,��FSIVE ONLY
AND THIS PERMIT MAY WE REVOKED' BY 71"Z erry COUNCIL
IN ACCORDANCE WATH TITLE 17 Of..,THE MUNI,clIV-P CODE.
CITY HARIA, . . . . . . . .
r I 4X all-
NSTIA
J
DATF ...
SpEleVU INIWIFIMMIOM
Cor-ps, C-1 Eng'k=rs Permit 1�1-
0v@n,y,eCoLIA.yP6rmA
Mer
STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 WEST BROADWAY, SUITE 380
LONG BEACH, CA 90802
(213) 590-5071 1 Date: March 1, 1988
TO: Trautwein Brothers Waterfront Const.
2410 Newport Boulevard
Newport Beach, CA 92663
SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis
Developments -Section 30624.7 of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director of the,
Coastal Commission hereby waives the requirement for a Coastal Development
Permit pursuant to Section 13238.1, Title 14, California Administrative Code.
If, at a later date, this information is found to be incorrect or the plans
revised, this decision will become invalid; and, any development occurring
must cease until a coastal development permit is obtained or any discrepancy
is resolved in writing.
WAIVER APPLICANT: Richard A. Voit
LOCATION: 1813 E. Bay Avenue
BALBOA
PROPOSED DEVELOPMENT: Replace an existing residential dock with a 341 long
residential dock within the U.S. Project line which is 201 seaward of the U.S.
Pierhead line.
RATIONALE: Because the channel is wide in this general area and the beach
profile is higher within the U.S. Pierhead line area, the City and the
Commission historically have permitted docks upto the U.S. Project line.; thus,
minimizing the need for dredging. Therefore the project is consistent with
the Commission's previous actions and the Coastal Act.
This waiver will not become effective until reported to the Commission at their,
March 22-25, 1988 , meeting and the site of the proposed
development has been appropriately noticed, J)Ursuant to 13054(b) of the
Administrative Code. The enclosed Notice Card shall remain posted at the site
until the waiver has been validated and no less than seven days prior -to the
Commission hearing. If four (4) Commissioners object to this waiver of permit
renuirements a coastal development permit will he rpntjirpd-
I
64" Zht4�_ by:
CHARLES DAMM
South Coast District Director
cc: Commissioners/File
PG:nw
511 BA
office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P�O. Box 2711
LOS ANGELES. CALIFORNIA B053-2325
February 8, 1988
Trautwein Brothers Waterfront Construction
ATTN: Mr. Samuel F. Kniss
2410 Newport Boulevard
Newport Beach, California 92663-3798
Dear Mr. Kniss:
We have reviewed your proposals for modified structures within Newport Bay
for the following individuals:
Tom Tedesco
Gary Hamilton
William Shepard
Myrna Elliot
Terry Loebel
Dr. Rupert Rupre
Merlin Norton
Brian Mock
Arthur Vitarelli
Carbara Abshier
Arnold Anferson
Fred Peterman
Richard Voit
T J. Abshier
Gary Richards
, We have found these proposals to comply with the terms and conditions of
General Permit -No. GP004 regarding the installation.and modification of
structures in Newport Bay.
If you have any questions regarding this matter, please.contact me at
(213) 894-5606.
--% 0 <7.
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TRAUTWEIN BROS.
suiuwt-_
WW No.- OF -
WATERFRONT CONSTRUCUON
xis
General biginecring Cowpractors
A0c'w".
2410 N.wpoo 111�d. Nowport Beach, Calif. 92663
DATE_/��/27
(714) 673-1960
CHKD. BY- DAyp
5;::A�A /11 �lAf
0. o'n
5'11moici�
co
PERMIT NO._ /0 q� fe-?
DRED;ING APPLICATION
Project Location; 1813 East Bay Ave.
Cubic. Yards to bia pi'&qed: 259
r
Method of Dredging:': Hydraulic Suction
Nature of Dredged Matexial: Sand/Silt
.pisposition of Dredged Material:. Place material on adjacent beach.
-Sition: Pump through discharge pipe to di
,'Method of Material Dispc
area.
177 --
-Control Methoc: Filter screen around discharge site, if needed.
,.,Turbidity
Effect of dredging on contiguo's bull.heading and beaches Will restore
depleted beach
Wm. L. Harris I
hezeby state that I have read the U. �,. Army
(pr in C7a—me)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach anc Orange County Harbors,Beaches and Parks District
(if applicable) permit f(.- maintenance dredging and, that I accept all the
provisions therein. Add -ionally I guarantee that the proposed dredging
will not occur because of.any altering of existing use of the affe-ted
zone.
Richard D. Voit
(Applicant�
11/3/86
(Date)
Newport Dredging Coa!IU
(Contractor -type name)
Siqned:
o n,
ntracl
Rep�esentative
Clry- Nklepooerdewcw
gor
F�F
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VICI AP TY SKETCH
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MTY OF HEINPOHRaT BEACH
AlM . HIOR ITERR111
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THR HARUOR PERIN' 0.11? AW
W11", Nl—,,:..��,,.N. TH441
R3AHTS OVEN MULE;! 00!0 �3=37 On& 11420000K CFAW
At,Ko Z�155 P1-1�11,1.1�� 7, f��r.v tl�:
IN ACCORDAUGS WITH 0W."" WAL cool.
... .. .....
SPIE'CKL CONUT904VS:
cf-Yrs 00, Ev'Firem perma /- 149�-5�7�
oir "T90 03ug-Ay permit
p MIT ISSUED susicc-Tro
DRED-�r: klArERIAL Co.,
HAU1.[DwGsEA ...............
PIACi- D,.)N rEACp,
PERMIT NO. 10 Cr — 1'8 ( 3
DREDGING APPLICATION
Project Location: 1813 East Bay Ave.
Cubic Yards to be Dr4dged: 200
Method of Dredging:— Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Place material on adjacent beach
Method of Material Dispositio n.-. 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.
it 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.
Willard D. Voit
(Applicant -type name).
4/26/82
I (Date)
Shellmaker, Inc.
.(tontractor-type name)
Signed:h')% ILA,,
CoTitractc
Representative
6
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6.e,4cq
:all
0,
49
KOO
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Na�PoRr DAY, CAL IF," NIA Jcfr)r
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SPECIAL. CONDITIONS: AT LEAST 72 HOURS PRIOR TO DREDGING OPERATION STARTUP,
THE CALIFORNIA REGIONAL. WATER QUALITY CONTROL BOARD MUSI"
BE NOTIFIED.
CITY OF NEWPORT REACT?
HARBOR pFp, T -.Mr -
PERMISSION IS "CREBY GRANTED TO CONSTRUCT ANEI
MAINTAIN THE IArMITY SHOWN ON THE REVERSE HEREOF.
AT Tj§�C INDICATED, SUBJECT TO THE PROV SIONS w
.(HE I'X%RL;toR PRR�PIIT POLICIES OF NFWPORT BEACH AW
ANY SfrCIAL CO�JvAj-fIGNS LISTED "EI�EON. THIS
IS NCT TRANSFLRAB.Lr PERMV�
'ri;IE csfy . WITHOUT THE WIlIT7EN CONSENT ol
I"ARI�GR COORDINATOR OR CITY COUNCIL. T"l
UNDER THIS PERMIT ARE PERMISSIVE ONL�
AND THIS rl'�FINIIT MAY BE REVOKED BY THE CITY CoUm,,,
IN ACCOIZDANCE WITH TITLE 17 2C�THE MUNICIPAL CODE.
to 1-ta-11
FEERMIfli—o,
SPECIAL CON?jjy-toj�4S.
Corps -of Engiiieers pormalt
orange County Por it
otbora"'�-
0 A
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SPECIAL CONDITIONS: AT LEAST 72 HOURS PRIOR TO DREDGING OPERATION STARTUP,
THE CALIFORNIA REGIONAL WATER QUALM CONTROL BOARD MUST
BE NOTIFIED.
C'Ty OF NEWPORT BEAC"
HARBOR PFM,,�rr
PERMISSION IS HEREBY CRANTED TO CONSTRUcT ANr
MAINTAIN THE FACILITY SHOIAIN ON THE REVERSF lir
AT T"E SITE INDICATED
ANY P6f.tClES OF NEWPORT BEACH AW
THE �IARSOR PERMIT SUBJECT TO THE PROV,S9')NS 0�
SPECiAL CONDITIONS LISTED HEREON. THIS PERM;'�
IS l*qG7: TRANSFERABLE WITHOUT THE WRJTTEN CONSr
..rq,r
CiTy HARBOR COORDINATOR OR CITY CoLijjCiL. F�jz
plr�"S CIVEN UNDER THIS PERMIT ARE PERFAI!irsiv�: q)Nj.j
�IND "!'IS PERMIT MAY BE REvOKED BY THE CITY t�olmcli.
IN ACCORDANCE WITH TITLE 17-qp 'HE MUNiCIPAL DF
CEI�T�Y� 21t;OLR� ��' �6�5-jjn
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SPECIAL CONDITIONS: AT [,EAST 72 HOURS PRIOR TO DREDGING OPERATJON STARTUP,
THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD MUST
BE NOTIFIED.
� Q 4), 1
PFRMISStaf�j 15 HEREBY GRANTED TO CONSTRUCT ANC
MAINTAIN THE rACILITY SHOWN ON THE REVERSE RENEGE;
Jky TIIE SITE MOICATED, SUBJECT TO THE PROV;SJONS o�
THE HA'lnoil PERMIT POLICIES OF NEWPORT BEACH AM,
ANY SPECIAL CONDITIONS Li5TED HEREON. THIS Prpm.
IS Nell' TRANSFERAOLE WiTHOUTTHEW1117TEN CONSE.14Tc
ilK CITY MARPOn COWMINATOR OR CITY COUNCIL. TH
GIVEN UNDER THIS PERMIT ARE PERAJISSIVE ON&��
AND TPIS PERMIT MAY BE REVOK�jj BY THE CITY COUNCIj,
IN ACCORDANCE WITH TITLE V -OPT THE
f�PAL CODE.
CITY HAIREIIOW-COOIRD��.A-ed,,-j'
Fri
P ERMIT NO.
6�ATE
SPECIAL CONDITIOMS:
Corps of lEnginecrs pernlit
Crange County Permit --7-7
0
-ptbon.,, 7L_
MARINE DEPARTMENT
November 14, 1977 ITEM NO.: H-14
TO: MAYOR AND CITY COUNCIL
FROM: I Marine Department
SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 116-1100, 116-1104, 151-1107,
109-1805 AND 109-1813 FOR MAINTENANCE DREDGING AND BEACH RESTORATION
RECOMMENDATION
If desired, approve the maintenance dredging applications.
DISCUSSION
The applications require City Council approval under the conditions of approval
placed on the City of Newport Beach general permit for maintenance dredging
issed by the U. S. Amy Corps of Engineers, on February 12, 1974, and sub-
sequently amended on May 10, 1977 to allow beach restoration.
The locations and applicants for the proposed dredging and beach restoration
are:
116-1100
Stephen
Barnard, 1100
West
Bay Avenue
116-1104
Dr. 0.
A. Dieterich,
1104
Way Bay Avenue
151-1107
Jerald
Hampton, 1107
North
Bay Front
109-1805
Howard
House, 1805 E.
Bay
Avenue
109-1813
Willard
Voit, 1813 E.
Bay
Avenue
The staff has reviewed the projects and has determined that the work will be
done within the parameters of the Corps of Engineers permit. The dredging
contractor will place a filter screen around the discharge site to control
turbidity. There is no known eel grass in the vicinity of the projects.
The projects will aide in the restoration of beaches bayward of fourprivate
residences and on the public beach on Balboa Island.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
fe en
"G61 Ee-. � �-d 4
Tidelands Administrator
GEW; I I
ClrK
'14
scoql c
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171
SQ L 7-a.
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CITY OF NEWPGR-e�.AEACH
HARMR PUNa"Pli2i'17
PERPUSSION g—r MERZEY
MAMTAIN THE C")"i-S"MUCT ANRP
'kT -.-Hr m
A nya-E
THE HARGaM vERWG7
ANY SFEMAL CGM!')�
im My wourml,
mams, OR.; om"nown ch,
AND FLI�% MAV 10'. RAVDASO
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"TYWAR 0��—Rl 0ORMA TOR
3
M�LRMIT No.
DATE
Gram. on oragil 7
�Z,� �,oi.,nuty Pei"
Wheri- 0;,g
154— 7 -7
PERMIT NO.
i DREDGING APPLICATION
Project Location:
Cubic Yards to be Di edged:
Method of Dred ;ng:
g3 -
Nature of Dredged Material;
Disposition of Dredged material.-__ e�7
Method of Material Disposition:
Turbidity Control met hod:—
Effect of dredging on contiguous bulkheading and beaches
r lot 1'-0/ 1/011:
Z 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.
VO/ , V Xf 111ya //1
---Fcontractor-type name)
(Applicant -type name
77'
(Date)
Sicrned: 96,
Rep-
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ClItinat si:
riATF F
APPMOVED
DWG No.
Spiral
---WorlA na-fitrength
WN
The
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1 iM2
1 025 na i
162 000 vai
---- ---- - ----
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APPMOVED
DWG No.
4F1141Al2-1C OARIAIA 11,&c,15rRIL�7S
—T11GMP6WFLOATA-TION-,�I tmonPOR-TEB-
1615 Monrovia Avenue X Costa Mesa, CA 92627
(711) 615-2812 A Telex 678308 THOMPSON CSMA
c
I]- Tr-- -- - T
FIGURE 2-- FLOATATION UNIT DIMENSIONS
Pftlewit Ila. 0 779 319
Olmenalono
(in)
Welolit ( We
Buoyancy
H be
With (wood
Pl)
In balt
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C
top -Cover
per Inch
totf-il.
1117
60
36
16
96
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1118
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rly 63
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Pftlewit Ila. 0 779 319
TRANSFER OF PERMIT INSTRUCTIONS
Submit application in quadruplicate on cards provided by the
Tidelands Administrator. DO NOT REMOVE CARBON FROM CARD SETS.
Complete the following information on cards:
a. Name: Na:me of new owner�
b. Address: Street address of facility
C. Mailing address of new owner
d. Telephone number of new own�e�
0 0
e Fee.: �0. ( "_� czt_�
f. Application portion:
(1) Fill in permit number if known. If not known, leave
blank and the number will be'supplied by the Marine
Department.
(2) Type or print name.s of sellers and buyers.
(3) Obtain signatur,es of se rs, buyers and joint owner,
if appropriate.
.
2. When approved, the applicant will receive a copy of the appli-
cation signed by the Tidelands Administrator. Any special con-
ditions pertaining to the facility will be listed on the.card
and the dates or previously issued permits or approvals by
other agencies will be indicated.
3. If the new owner desires a copy of the drawing of the facility,
he may Purchase one from the Tidelands Administrator for $1.00.
I
1�
W MINI
CA,
South coast Di strict
t
E C E � W
FEB 2 1994
Ji 4 41
'on
011el3A
VICIMITY SKETCH W"r 4"YJ 1.
NEWPORr DAY/ CA41rOANIA jerrr
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7
ADDRESS OF
CATE
APPROVED BY: DATE
AFIRLICATION IS HEREBY MADE FOR A HA R PERMIT�
CONSTRUCCREVISEA-
AT THE ABOVE LOCATION IS ACCORDANCE WITH 'US CITY .1
ENDS
NEWPORT BEACH PERMIT P
ANI ATTACHED RAVNG
ES
COUNCIL
PUBLIC WORKS
BY COANTANY
DATED
DEPT
DATE
ESCROW
INSPECTION
SIGNATURE
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH. CALIF
WX FORM 68-1010
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gommor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADWAY, STE. 380
P.O. BOX 1450
LONG BEACH, CA 9OB02-4416 Date: February 17, 1994
(310) 590-5071
TO:_3wift Slip Dogk sind Pier Builders
attn: Karen Torkildson
500 30th Street
SUBJECT: Waiver of Coastal Development Permit Requirement/De Minimis
Developments—Section 30624.7 of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director of the
Coastal Commission hereby waives the requirement for a Coastal Development
Permit pursuant to Section 13238.1, Title 14, California Administrative Code.
If, at a later date, this information is found to be incorrect or the plans
revised, this decision will become invalid; and, any development occurring
must cease until a coastal development permit is obtained or any discrepancy.
is resolved in writing.
WAIVER # 5-94-041 APPLICANT: Neil Barth
LOCATION: 1813 East Bayfront, Balboa (Newport Beach), Orange County
PROPOSED DEVELOPMENT: Revision of existing boat dock and gangway. The
resultant dock will be a "U" shaped dock, 54 feet long and 28 feet wide. The
gangway will be 3 feet wide and 22 feet wide.
RATIONALE: The proposed development will have no adverse impacts on coastal
access or resources, is consistent with the City's certified Land Use Plan,
past Commission actions in the area and the Chapter Three policies of the
Coastal Act.
This waiver will not become effective until reported to the Commission at their
_. March 15-18, 1994 , meeting and the site of the proposed
development has been appropriately noticed, pursuant to 13054(b) of the
Administrative Code. The enclosed Notice Card shall remain posted at the site
until the waiver has been validated and no less than seven days prior to the
Commission hearing, If four (4) Commissioners object to this waiver of permit
requirements, a coastal eve opment permit will be equired.
1
by:
CHARLES DAMM A E 6n_o��_
South Coast District Director
cc: Commissioners/File
1268F
STATE OF CALIFORNIA—THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADWAY, STE. 380
P,O. BOX 1450
LONG BEACH, CA 94DB02-"16
(310) 590-5071
Applicant: Neil Barth
Date: 3-21-
Waiver # 5-94-041
NOTICE OF PERMIT
NAIVER EFFECTIVENESS
3
PETE WILSON, Gommor
Please be advised that Waiver 5-94-041 which was reported
to the Commission on March 17. 1994 became effective as of that
date. Any deviation from the application and plans on file in the
Commission office may require a coastal development permit for the entire
project.
Should you have any questions, please contact our office.
PETER M. DOUGLAS
Executive Director
By:
Title: OStaff Analyst
E6: 4/88
1466F
MV/lm
564-a-57,011
K
REPLY TO
ATTENTION OF
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS UF ENGINEERS
P.O. Box 2711
LOS ANGELES, CALIFORNIA "053-2325
April 4, 1994
Mr. Neil Barth
C/O Swift Slip Dock and Pier Builders
500 30th Street
Newport Beach, California 92663
Dear Mr. Barth:
10f,191
Reference is made to your request of January 26, 1994 (COE
File No. 94 -374 -BH). Under the provisions of Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are
hereby authorized to revise an existing slip in Newport Harbor at
1813 East Bay Front, Balboa, California. The improvements are
shown on the enclosed drawings and consist of:
1. Addition of a new gangway to an existing pier.
2. Expansion of an existing float and addition of a 54 -foot
by 28 -foot slip.
The owner or authorized responsible official must sign and
date all copies of this Letter of Permission (LOP) indicating
that he/she agrees to the work as described and to comply with
all conditions. one of the signed copies of this Letter of
Permission must be returned to the Corps of Engineers (a
pre -addressed envelope is enclosed for your convenience). Notice
of the commencement of the activity i�iust reach this office at
least 10 days before the activity actually starts. Please use
the enclosed card.
Sincerely,
, . 1 2
, , � 41-t, . , � I '�_ �' -C'-
Jo�n A. Gill
Chief, Regulatory Branch
(DATE)
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'fc. �
5p-�.clikll VW'ITIONS:
t:;xwrz, Of E4rwm PDrmlt
ol,aL,rqe County. Pirmit - plal 2 -
Other
/707 19-X
NEWPORT BEACH FIRE DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3103
July 8, 1996
Kelly and Neil Barth
1813 East Bay Avenue
Balboa, CA 92661
Dear Mr. and Mrs. Barth:
Timthy Riley
Fire Chief
4-0
City Manager Kevin Murphy directed your letter and video tape to my attention
for investigation and response to your concerns about the use of the K Street
beach by personal watercraft enthusiasts.
In aeneral, launching of any personal watercraft, motorized or not, is permitted by
the Newport Beach Municipal Code provided it is done in accordance with City
regulations. The majority of the parking, traffic and launching problems you cite
0 C,
are regulated by the Newport Beach Municipal Code and the California Vehicle
Code and could be solved by increased enforcement of both. It is our intent to
address your concerns in this fashion.
An investigation conducted by Marine Environmental Division Deputy Chief
Tony Melurn concluded with the following findings:
1. jet ski launching is allowed under the Municipal Code at 21
0
street ends on the Balboa Peninsula provided it is done by the
hand carrying method. The use of dollies or trailers is
prohibited. Further, it is allowed seven days a week between
the hours of 6:00 AM and 10:00 PM.
2. Once launched, jet ski operators must not operate their
motors within 200 feet of the launching area and must follow
all appropriate navigational laws enforced by the Orange
County Sher ' iffs Harbor Patrol. Revving of engines prior to or
immediately after launching is prohibited by the Municipal
Code.
3. Improper parking or off-loading of vessel trailers is prohibited
by the Vehicle Code.
3300 Newport Boulevard, Newport Beach
Kelly and Neil Barth
July 8, 1996
Page 2
4. Kavak classes, unless done under contract with the City, are
I
prohibited by the Municipal Code.
5. All of these issues can be mitigated with increased
enforcement of existing regulations.
0
Based upon Chief Melum's findings, we will work closely with the Newport
Beach Police Department and the Orange County Harbor Patrol to step up our
patrols and increase enforcement of these regulations in your area. You can
support our efforts by reporting any infractions of these regulations to the
appropriate regulatory authority as soon as possible, preferably while they are
occurring. Please contact the Newport Beach Police Department at 644-3717 or the
Orange County Sheriffs Harbor Patrol at 723-1002. Both of these phone numbers
are for 24-hour non -emergency dispatch.
As an alternative to additional enforcement in your area, vou suggested we could
change the K Street designation to permit human -powered vessels onhr. Except
for designated street ends, there are no public locations to launch vessels on the
Peninsula and ordy the Newport Dunes and the commercial boat yards elsewhere
in the City. By selectively restricting K Street to human -powered vessels only,
more than likely the problem with jet skis would be shifted to other streets.
Unfortunately, K Street beach is the closest to the harbor entrance and thus
preferred by jet ski users. Eliminating access from this location would likely create
a problem at f Street unless the same restriction was adopted for the entiXe
Peninsula. I am certain this wouldn't fly with the other residents desiring access
for their motorized dinghies or inflatables.
We will continue to explore alternatives to the use of street ends for jet ski
launching. In the interim, we hope our increased enforcement efforts will
alleviate some of the problems you are encountering at.K Street. Please feel free to
contact me in the future if the problems persist -
Sincerely,
4- A.
othy Ril
Fre and Ma
cc: Kevin J. Murphy, City Manager
Bob McDonell, Police Chief
Captain Dave Mann, Harbor Master
MEMORADUM
Newport Beach Fire and Marine Department
Marine Environmental Division
Date: June 19, 1996
To: Chief Riley
From: Maxine Environmental Division
Subject: Letter from Kerry and Neil Barth, dated 6/2/96
I have reviewed the letter in detail that we received from the Barths and their
concerns fall into eleven separate categories as follows:
0
1. Jet ski launching.
2. Use of dollies to launch
3. Motor noise after launching.
4. Damage to adjacent vessels.
5. Street blockage.
6� Alley blockage.
7. Speeding up and down the street.
8. Sand on the sidewalk from the dollies.
9. Exceeding the harbors speed lin-dt.
10. Use of the beach on weekends and after work hours.
11. Kayak classes taught on the beach.
To get a reading on the scope of the problem I contacted the Orange County
Sheriffs Harbor Patrol and the City of Newport Beach Police Department. The
Harbor Department indicated, after conversations with their Watch
Commanders, that they have received one call regarding jet skies in that
particular area. They spoke with the operator and no citation was issued. Other
than that they have received no calls. The Police Department Parking Control
Division indicated that they have received no calls relative to problems on K
Street. Our department has also received no calls.
Currently Chapter 17.16 of the Newport Beach Municipal Code allows launching
on streets designated by resolution of the City Council. I have attached for
information a copy that section of the Municipal Code and also a copy of the
resolution. As the resolution indicates their are 21 streets on the peninsula which
are designated for launching, starting at 18th and Bay and going all the way
0
down to K Street on the end of the peninsula. Each one of those streets has signs
posted and among other things, the posting pertinent to the matter at hand is as
follows:
"No boat launching (except hand carried vessels), no boat or trailer
storage and b each closed 10:00 pm to 6:00 am."
In reviewing the Municipal Code section, the signage and the resolution relative
0
to the complaints indicated by the Barths, the following becomes evident:
- 1. jet ski launching (hand carried) is allowed in that particular location.
-2. The use of dollies on the beach is prohibited.
-3, Motor noise under certain circumstances is prohibited.
4. Damage to adjacent vehicles would more than likely be a civil matter.
5. Street blockage is in violation of the Vehicle Code.
6. Alleys blockage is in violation of the Municipal Code.
7. Speeding up and down the street is in violation of the Vehicle Code.
8. Sand on the sidewalks is not prohibited by any Municipal Code or regulation,
however, again use of the dollies is prohibited by the Municipal Code.
9. Exceeding the speed lin-Lit in the harbor is prol-dbited by the Municipal Code.
- 10. Use of the beach on weekends and after work hours is not prohibited, except
between the hours of 10:00 pm and 6:00 am.
11. Kayak classes, unless done under contract with the City, is prohibited by the
Municipal Code.
As a result of the above, it becomes apparent that most of the Barth's complaints
could be resolved with increased enforcement of the Police Departmerres or the
Orange County Sheriffs Harbor Patrol's existing regulations.
As an alternative to additional enforcement, there could be some changes in the
Municipal Code to restrict the street ends to man -power vessels only. However,
there are, except for street ends, no public locations to launch vessels on the
peninsula and in fact the only public location to launch vessels within the city is
the Newport Dunes or the several shipyards in the city. By selectively restricting
K Street to man -power vessels only, more than likely the problem would be
shifted to other streets, thereby transferring the problem from one street to the
next.
My recor=endation would be to contact the Police Department and the Orange
County Sheriffs Harbor Patrol and request additional reinforcement at K Street
and recontactin- the Barths and suggesting that in the future if these problems
0
occur to contact either the Police or Orange County Sheriffs Harbor Patrol for
resolution. Based again on my earlier research, it appears that the scope of the
problem, even though an aggravating one, is very limited and enforcement of
existing regulations could solve the problem. As a result of the physical layout
of the peninsula, there are really no alternatives for jet ski launching and to
eliminate one street verses another would just move the problem from one
location to another unless prohibited on the peninsula on a whole.
Tony Melum.
Deputy Chief
Attachments
Mr. Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA.92663
Dear Mr. Murphy,
I am writing to you to ask your help with a situation that has
gotten increasingly worse over the last few vears. We are overcome
with jet skis! Our family lives next to K Street beach, at 1813 East
Bav Ave. Our little neighborhood beach has become the hot launching
area for jet skis! We are the last beach before the jetty. I have
enclosed a video tape and some photos of these activities.. so you will
have a better idea of what is occurring when the jet skis are there.
We have met with the harbor patrol and they have openly recognized
the problem.They directed us to you in hopes that we can get the
ordinance changed on the beach to only allow "man powered vessels"
to be launchedt'
-jet skis are being launched many times using dollies.
-jet skis are noisy! Often the owners rev the motors for long
Z5
periods of time while fixing them.
-we have damage to one of our boats as a result of jet skis
hitting it.
- our street is blocked off for long periods of time, as pick-up
trucks and trailers unload jet skis. Last week there were 6 trucks
blocking the alleys in both directions and the street as well. It has
become a dangerous situation as they speed up and down the street
where there are numerous children living.
-the side walks are hazardously covered with sand as they
track it with their dollies.
-the wakes from their jet skis as they leave from and come
back to the beach are in excess of the harbor limits.
-weekends and after work hours during the week have become
unbearable.
We would also like to ask if kayak classes are allowed to be held
on this beach.Every few Sunday mornings, there is a Kayak company
that holds a class starting around 6 a.m. They come with their van
and trailor blocking the street and unloading their kayaks to be ready
for this early class. It is utter kaos when the kayak class and groups
of jet skiers are blocking the street and unloading at the same time.
Our neighborhood would love to be able to enjoy K Street beach
again. We can't use this beach anymore and feet saie that our families
will not get hurt with the jet skis coming and going all the time.
Please review the sampling of instances on the video and let us know
what else we can do to help solve this problem.
THANK-YOIU for looking into this matter.1 look forward to
hearing from you in the near future.
Sincerely,
Kerry and Neil Barth
I 6-�i3-6241
17.12.050
17.12.050 Bay Island Channel.
The channel line between Bay Island and Balboa
Peninsula is designated as a special -use area. Be-
tween June Ist and September 15th of each year,
both dates inclusive, no person shall operate any
motorboat into or through said channel. (Ord. 1090
(part), 1964: 1949 Code § 10603)
17.12.060 Grand Canal Channel Closure.
Ile Grand Canal Channel is designated as a
special use area. In addition to the restrictions im-
posed by Section 17.12.020 of this chapter, the
Grand Canal Channel shall be closed to all vessels
from, and including, June lst through September
15th; provided, however, the closure shall not apply
to vessels berthed at residential piers or moorings
located along or within the Grand Canal Channel.
(Ord. 86-24 § 2, 1986)
M
Chapter 17.16
VESSEL OPERATION
Sections:
17.16.010
Speed Limit.
17.16.020
Boat Launching and Hauling.
17.16.021
Vessel or Trailer Storage on
Beaches Prohibited.
17.16.030
Designation of Closed Areas.
17-16-040
Air Propulsion Vessels
Prohibited.
17.16.050
Motorboat Races—Conditions.
17.16.060
Restriction of Water Traffic.
17.16.010 Speed Limit.
No owner, operator or person in command of any
vessel, except a public officer in the performance of
his duty, shall operate the same or permit the same
to be operated in any portion of Newport Harbor or
the water in the present or prior channel of the
Santa Ana River within the City at a rate of speed
in excess of five nautical miles per hour, or at any
speed which creates a wake that may cause damage
to moorings of vessels or floating structures, except
as hereinafter provided. (Ord. 1090 (part), 1964:
1949 Code § 10200)
17.16.020 Boat Launching and Hauling.
No person shall launch or remove any vessel
from the waters of Newport Harbor over any public
seawall, sidewalk, street end or public property,
except at locations where a regular business of
launching and hauling vessels is conducted or at
launching sites designated by resolution of the City
Council.
The following regulations shall apply to the use
of boat launching sites as designated by the City
Council, and any, person violating any of said regu-
lations shall be guilty of a misdemeanor.
A. Said boat launching locations may be used
only between the hours of eight am. and eight p.m.,
unless otherwise specified by resolution of the City
Council.
B. The use of motors on any vessel or watercraft
being launched or recovered shall not be permitted
within two hundred (200) feet of such launching
sites unless otherwise specified by resolution of the
City Council.
C. Only hand -carried vessels or watercraft may
be laimched from said sites, unless otherwise speci-
fied by resolution of the City Council.
D. No trafleM dollies, rollers, or other mechani-
cal devices maybe used for purposes of launching
any vessel or watercraft at said locations, or for
transvorting them on beaches. (Ord. 1390 § 1, 197 1:
Ord. 1145 (part), 1965: Ord. 1090 (part), 1965:
1949 Code § 10202)
17.16.021 Vessel or Trailer Storage on
Beaches Prohibited.
No person shall store any vessel, watercraft, or
trailer, on any public beach in the City. (Ord. 1436
§ 1, 1972: Ord- 1390 § 2, 1971)
17.16.030 Designation of Closed Areas.
Whenever the City Manager finds that public
safety so requires, he may designate any water area
or tidelands or filled lands in or upon which harbor
improvement work is being performed as a closed
area. Except for persons actually engaged in such
harbor improvement work or public officers in the
performance of their duty, no person shall enter or
remain within or drive or operate any vessel or
watercraft into or within any area which has been
so designated as a closed area and which has been
posted or marked with appropriate signs giving
notice thereof (Ord. 1090 (part), 1964: 1949 Code
§ 10204)
17.16.040 Air Propulsion Vessels Prohibited.
A. No person shall operate any vessel on the
waters of Newport Harbor if the vessel is powered
or maneuvered by means of mechanical air propul-
sion above the surface of the water.
B. The provisions of this section do not apply
to the operation of any vessel by any public agency
or any person responding to an emergency on behalf
=41
17.16.020
of any public agency. (Ord. 90-39 § 1, 1990: Ord.
1090 (part), 1964: 1949 Code § 10209)
17.16.050 Motorboat Races—Conditions.
The City Council may, when it deems the occa-
sion wan -ants, grant a special permit to hold a mo-
torboat race in the harbor or make temporary use of
a designated area in the harbor for a special event
or activity in which unnitiffled engines may be used,
speed Emits may be exceeded, and normal traffic
interrupted; provided, that such permit shall be for
a stated period of time not exceeding six months. A
permit for boat races shall not exceed ten days and
shall be limited to the hours between eight a -m. and
sunset. No permit shall authorize interference with
normal harbor traffic for a period exceeding four
hours in any twenty-four (24) hour period.
As a condition of granting such permit, the City
Council shall require the permittee to provide liabili-
ty insurance for the full period of time for which the
permit is granted in an amount of not less than one
hundred thousand dollars ($100,000.00) for bodily
injury to one person, five hundred thousand dollars
($500,000.00) for bodily injury in any one accident,
and fifty thousand dollars ($50,000.00) for property
damage in any one accident. The policy providing
such insurance must name the City, the County of
Orange, and the district as additional insureds. A
certificate evidencing that such insurance is in force
and will remain in force for the period of such
permit shall be filed with the City Clerk in a form
approved by the City Attorney before any such
permit shall be effective.
The City Council may impose additional condi-
tions as deemed necessary to protect persons and
property and to assure that the activity will not
create a nuisance or interfere with the reasonable
use of the harbor by other vessels. No such permit
shall be effective until it has been granted by the
City Council and submitted to and approved by the
Harbor Commission. (Ord. 1090 (part), 1964: 1949
Code § 10201)
17.16.060 Restriction of Water Traffic.
For such time as necessary preceding, during and
PROM : DC SHERIP� NEWPORT HARBOR
PHONE 140. 573 5295
SHERIFF -CORONER )DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
August 26,1996
Aug. 26 1996 09:22q�! --I
41 '77
URAD GATES
SHCAIFF-CORONER
RAUL PAM08
UNDEASHERIFF
ASSISTANT SHERIFFS
"N HEWITT
JERRY KRANS
DENNIS LADUCER
DOUG STORM
To: Tony Melum, DeDuty Director, NewporL Marine Dept.
From- Lt. Dick Olson, MerifZls Harbor Pazrol
Subject. PaLrol Check, K Streez
At 0930 hours on Saturdav, August 24, 1996, two of our harbor
deputies were patrol checking the sr-reet end at x street. They
contacted HAROLD M. TIERVORT DOS 11/27/46 who stated he was an
instructor for Southwind Kayak, phone # 261-0200. He had an old
mit in his possession and stated. that -the new one was
,per=
"probably" at their office.
Deputies allowed him CO Continue Lha class and gave him a warning
to make sure he had an up to date permit with him in Lhe future,
Just WanLed to bring this to your attention in view or Lhe past
problems in that area.
-71W
J�DRUO USE
Is
1901 BAYSIDE DRIVE - CORONA DEL MAR. CALIFORNIA 92525 - (714)723-IG02
SrPI,I1NG TII4E UNINCORPORATED AREAS
OF OPANSE COUNTY AND THE CITIES OF
DANA POINT
SAN CLEMENTE
LAGUNA HILLS
SAP, JUAN' CAPTS-RANO
LAOUNA NIGUEL
STAN I ON
LAKE FOREST
VILLA PARK
MISSION VIEJO
PHONE 140. 573 5295
SHERIFF -CORONER )DEPARTMENT
COUNTY OF ORANGE
CALIFORNIA
August 26,1996
Aug. 26 1996 09:22q�! --I
41 '77
URAD GATES
SHCAIFF-CORONER
RAUL PAM08
UNDEASHERIFF
ASSISTANT SHERIFFS
"N HEWITT
JERRY KRANS
DENNIS LADUCER
DOUG STORM
To: Tony Melum, DeDuty Director, NewporL Marine Dept.
From- Lt. Dick Olson, MerifZls Harbor Pazrol
Subject. PaLrol Check, K Streez
At 0930 hours on Saturdav, August 24, 1996, two of our harbor
deputies were patrol checking the sr-reet end at x street. They
contacted HAROLD M. TIERVORT DOS 11/27/46 who stated he was an
instructor for Southwind Kayak, phone # 261-0200. He had an old
mit in his possession and stated. that -the new one was
,per=
"probably" at their office.
Deputies allowed him CO Continue Lha class and gave him a warning
to make sure he had an up to date permit with him in Lhe future,
Just WanLed to bring this to your attention in view or Lhe past
problems in that area.
-71W
J�DRUO USE
Is
1901 BAYSIDE DRIVE - CORONA DEL MAR. CALIFORNIA 92525 - (714)723-IG02
12/1�/2000 09:11 9496313122 SWIFT FAUL U1
SAIR"ZIFT SLUMP #6505
DOCK AND PIER BuiLDERS
CoNTR^cTop's LicaNsit 502093 A 12/13100
2027 PLACENTIA AVENUE - COSTA h4a*A, CA 92627
TELEPHONE (949) 631-3121 - FAx (949) 631-3122
Carrie Barth
ian E. Bay
Newport Beach, CA 92661
phone: 949/723-9241
Fax. 949/723-6784
ESTIMATE '
Neighboring propaty, E. Bay, Newport Beach
Remove and replace entire dock pier and gangway
Pull mandatory Coastal Commission, Army Corps of Engineers, Water Quality Control
Board and City of Newport Beach permits t$2,000.00].
Generate plans and calculations.
Build new floating dock with the following:
1. polyfloats filled with styrofoam.
2, 2 each 12" prestressed guide pile aloq with steel pile guides with 4 polyurethane
rollers each.
3. 4 x 6 ftsming with 511 x 5" angle clips and V7." bolting throughout.
4. 2 x 6 decidag attached with stainless steel screws.
S. 2 % 12 facia with white rubstrip or. all boa contact areas.
6. 6 each 14" through bolted cleats.
Build now pier with the following'
1. 4 each 14" diameter concrete "T" pile.
2. 2xl0joistson24"ceftters,
3. 2 x 6 decking attached with stainless steel screws.
4, 3 x 4 posts.
5, Handrall and aiderails. painted 2 coasts white marine enamel.
a Build new gangway with the following:
1. 2 x 12 stringers.
2. .2 x 6 decking.
3, Handraill; to match pier,
4. Heavy duty hinge and axle -wheel combination.
THANK YOU FOR CAL.I.ING SWJIWT 51-110
1� ' I
12�13/M@ 09:11 94SM3122
SWIFT
IMI
SWIF it SLIP
DOCK ANZ Plot BUILMMM
Note: We will hwl away old pier and pilings.
All I=bcr will be CCA pressure treated Douglas fir,
All hardware will be hot dipped galvanized.
No utilities in this quote,
Approximate permit time is 3 to 4 months.
Authorized
Please sign and n
ESTIMATED COSTS. $32,100.00
Datc
A-0—prke 0-4;vvrk
TKANK YOU FOR CALLING SWUrr SUP
9�
Barth
#6505
page 2 of 2
a
12/13/2300 09:11 949S313122
0 2 7
Placentia Avenue
S�IFT
C
a
at
a
PAGE 03
Mesa, CA 92027
k
WIM
1 0 All
77
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P�O BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
May 8,2001
REPLY TO
Office of the Chief
Regulatory Branch
City of Newport Beach
Attention: Tony Melurn
P.O. Box 1768
Newport Beach, California 92658-8915
Dear Mr. Melurn:
This is in reply to your applications (File No. 200100958 -SMS) dated February 14, 2001,
and February 7,2001 for a Department of the Army Permit to maintenance dredge just bayward
of 929 and 933 Via Lido Soud and just bayward of 1813 East Bay in Newport Bay in the City of
Newport Beach, Orange County, California, as described below.
1. 929 / 933 Via Lido Soud 360 cubic yards proposed dredging L.A. 3 disposal J'�e4
2. 1813 East Bay 430 cubic yards proposed dredging Beach disposal ��
Based on the information you have provided, the Corps of Engineers has determined that
your proposed activity complies with the terms and conditions of Regional General Permit
(RGP) No. 54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24,2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Susan Sturges of my staff at (213) 452-3418.
Sincerely,
IP,rk DurjhamL
Chief, South Coast Section
Regulatory Branch
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071 February 14, 2001
Mr. Tony Melum
Division of Harbor Resources
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Subject: Condition Compliance — Coastal Development Permit 5-99-282
& Conformance with Consistency Certification CC -078-99
Dear Mr. Melum:
Commission staff have received information submitted as evidence of compliance with
Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency
Certification CC -078-99 for the following sites in the City of Newport Beach:
City Harbor Permit # ite Address
Date
Beach
Ocean
Received
Disposal?
Disposal?
(Yes/No)
(Yes/No)
109-1813 1813 E. Bay
2/13/2001
Yes
No
Commission staff have reviewed the information submitted and �et'ermined that the above
referenced dredging event conforms with Consistency Certification CC -078-99 and that no
further federal consistency review is necessary from the Commission for the dredging
component of the project. In addition, the proposed beach disposal has been reviewed and
found by the Executive Director to be consistent with Special Conditions 1, 2, and 3 of
Coastal Development Permit 5-99-282. No further review is necessary from the Commission
for the beach disposal components of the project.
Please be advised that only the project described in the materials submitted for the sites listed
above have been found to conform with Consistency Certification CC -078-99 and/or conform
with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the
project may cause it to lose its status as consistent with CC -078-99 and/or CDP 5-99-282.
This certification is based on information provided by the recipient of this letter. If, at a later
date, this information is found to be incorrect or incomplete, this letter will become invalid,
and any development occurring at that time must cease until a new determination regarding
conformance with CC -078-99 and/or CDP 5-99-282 is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at
(415) 904-5200.
S inc
erely,
Karl Sc i n g
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Susan Sturges, U.S. Army Corps of Engineers
,STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071 February 14, 2001
Mr. Tony Melum
Division of Harbor Resources
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Subject: Condition Compliance — Coastal Development Permit 5-99-282
& Conformance with Consistency Certification CC -078-99
Dear Mr. Melum:
Commission staff have received information submitted as evidence of compliance with
Coastal Development Permit 5-99-282 and/or as evidence of conformance with Consistency
Certification CC -078-99 for the following sites in the City of Newport Beach:
City Harbor Permit #
Site Address
Date
Beach
Ocean
Received
Disposal?
Disposal?
(Yes/No)
(Yes/No)
171-933
929 & 933 Via Liao Soud
2/13/2001
No
Yes
Commission staff have reviewed the information submitted and determined that the above
referenced dredging events involving ocean disposal conform with Consistency Certification
CC -078-99 and that no further review is necessary from the Commission for the dredging and
ocean disposal components of the projects.
In addition, since the above referenced applications do not involve beach disposal, the above
referenced dredging events are not subject to the terms and conditions of Coastal
Development Permit 5-99-282.
Please be advised that only the project described in the materials submitted for the sites listed
above have been found to conform with Consistency Certification CC -078-99 and/or conform
with the terms and conditions of Coastal Development Permit 5-99-282. Any change in the
project may cause it to lose its status as consistent with CC -078-99 and/or CDP 5-99-282.
This certification is based on information provided by the recipient of this letter. If, at a later
date, this information is found to be incorrect or incomplete, this letter will become invalid,
and any development occurring at that time must cease until a new determination regarding
conformance with CC -078-99 and/or CDP 5-99-282 is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at
(415) 904-5200.
2 Sincerel ,
Schwing
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Susan Sturges, U.S. Army Corps of Engineers
POSTDREDGING
COMPLETION REPORT
The Aern-dttee shall send one (1) copy of the post -dredging report for each cornpik-tet.[ wdivikiki,ii
dr�g project to the Corps and the CCC documenting compliance with Lift genvi-al aild
5" conditions defined in this permit. The post-4redging report shall be sLnt within 45 days
aftevoompletion of the complete individual dredging project auth(DTiZ(�d in HIIS Permit. Fh'.
post*dging report shall include the following information for the cornpit,ted indiVidL3,11
dredWg project-,
I p"tNuu�- 109-1813
2. Sfirt Date: 7718/01 7/20/0F
— Completion Date;
I *W dredged material to Beach- 430r*cubic yards
to Sea (LA3):
4. Mode of dredging and transportation, and method and frequency of disposal:
Hydraulic sucb ion bransporbed throucrh a E� �eli�i
_f�_ontq
.adjacenb beach.
5. Tug or other vessel logs documenting contact with USCG MSO Long Beach before vach trip
LA -3 ocean disposal site,
VSCG Contact: Yes x No;
6. &rm of dredged material: Slurry X Cohesive
7, Orocedure and location where the disposal bargc or scow was wasi)vd
No washing necessary.
Wy Or othcr
8. A certified report from the dredging site inspector and the ptaino�fnnv
liked to transport and dispose of dredged material at LA -3 indicating all general MILI.Stjlk't f,11
PtrnlitcOnditions were met. Any violations of the perrait shall be cxplained in Jol.afl.
* conditioning permits were met: Yes X No
9. Pbst-project surveys of Eelgrass beds potentially affccted by Ulc
Not; necessary as no eelgrass was identified in'dredging
10. Itte post -dredging report shall be signed by a duly authorized represt,.nUiLive ol Lh,
p4trmittee. The perinittee's representative . shall make the following certification:
lor�fy under penalty of Into that this document and all attachments zvertf pruparv,[ jrnth,r ),it/
d�mction or supervision in accordance 7vith a system designed to ensuir that qualitiol pg.rs ... in,
pioperly gather and evattuate the information 5Ubmitted. Based on ray inquiry �f I the
ps�rsons who inanage the system, or those directly responsible for gathering the iulm mantin. a,
ir"tum submitted is, to the best of rny knowledge and Mief trt4e. qcclil-ate,
a4swe that there are significant penalties for submittingfalse infornintion, inclrulin'� I/ I
and imprisonmentfor kno7ving violations.
aLUNI
I kq �7 3
PERMIT NO.
DREDGING APPLICATION
Project Location; 1813 E. Bay, Balboa
Latitude/Longitude: 330 35.9591 N 117� 53.2241 W
Cubic Yards to be Dredged: 430 cubic yards
Method of Dredging: hydraulic auction
Nature of Dredg ed Material (Grain size data): report enclosed
Disposition of Dredged Material: PuTP onto adjacent beach
Method of Material Disposition: pipeline
Effect of Dredging on Contiguous Bulkheading and Beaches: resbores beach
and reinforces bulkhead
Projdct Begins:
will schedule when we have permib
Project Frids: -
1, Lorenzo C. M i 11 e r,(Applicant/ Applicant's agent), hereby certify that I have rea d thQ
U.S, Army Corps of Engineers permit, RGP#54 and the California Coastal Comrni.ssion porrilit
#5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of 01L�
conditions of those permits. I will further hold the City harmless from and indemnity thern
against any claim for damages arising out of the exercise of these permits. In addition, 1,as, the
applicant shall reimburse the City of Newport Beach for all attorney's fe" and other costs
expended by them in defending any claim, lawsuit, or judgement arising out of the ictivitics of
the applicant carried on under the authority of such permit.
Dr. Neil Barth
Applicant - Please Print
Jan 31, 2001
Date
Shellmaker Inc.
Contractor - Pie Print
Signed: A 011�? -
7 Applicant/Aont
-01-3
7
e�16 - 1/wa
R 7-
IAL4,� ee"
VICIMITY SRETCH
NdWPOR-, 5AY, CA4 111,aNIA
ej, YA026', 7Z Pl-ht-f�- 6--F4yH ,
4
evp�Aa below 'tleon lower 40w war�er.
are Secl,00 o7rM!W
EEL UHASS INSPECTION
tNO EEL GRASS WITHIN 15'OF PROJECT
EELGRASS! THEPROJEZTAREA
s URE
TG
;:7 -
PERMIT # DATE
4�',Vr=
5V
7-5 NEIL r�
ls,� e, 7-4 A C'
Ax 644
Co,4wrQA C rC A 0A 7-S
PERM17 No. 1�q—lqo,5
Project Location:
DREDGING APPLICATION
1903 E. Bay Ave.
Latitude/ Longitude: N 33 36.005 . W 117 53.210
Cubic Yards to be Dredged:
250
Method of Dredging: Hydraulic Suction
Nature of Dredged Material (Grain size data): Attached—
Disposition of Dredged Material: Used for b8�ach replinishment ;Adthin Newport Bay
Method of Material Disposition: Pipeline transport to beach restoration site.
Effect of Dredging on Contiguous Bulkheading and Beaches:
existing bulkheads, restores sand to depleted beaches.
Project Begins:
May, 2001
Reinforces and protects
Project Ends: ---�une, �O 01
L Mark Sites (Applicant/ Applicanf s agent), hereby certify that I have read the
US. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit
#5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the -
conditions of those permits. I will further hold the City harmless from and indemnify them
against any claim for damages arising out of the exercise of these permits, In addition, Las the
applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs
expended by them in defending any claim, lawsuit, or judgement arising out of the activities of
the applicant carried on under the authority of such permit.
Judy Bender Mark Sites
Applicant - Please Print Contractor - ease Print
3/01/01 Signed: --Z—� 1r- L -
Date Applicant/Agent
, I
-70
EEL GRA88 IN SOECTION I a
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DREDGING APPLICATION SOut Coast �ecj !on
Project Location; 1903 E. Bay Ave. MA� 7 Z001
C,K�Dfopll I
Latitude/ Longitude: N 33 36.005 W 117 53.210 cc �NviAL cQ114WSSiC)N-
250
Cubic Yards to be Dredged:
Hydraulic suction
Method of Dredging:
Nature of Dredged Material (Grain size data): Attached
Disposition of Dredged Material- Used for beach replinishment within Newport Bay
Method of Material Disposition: Pipeline transport to beach restoration site.
Effect of Dredging on Contiguous Bulkheading and Beaches: Rein -forces and protects
existing bulkheads, restores sand to depleted beaches.
Project Begins: May, 2001 Project Ends: June,2001
i, Mark Sites (Applicant/ Applicanf s agent), hereby certify that I have read the
U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal Commission permit
#5-99-282 for maintenance dredging in Newport Harbor and that I will comply with all of the
conditions of those permits. I will further hold the City harmless from and indemnify them
against any claim for damages arising out of the exercise of these permits. In addition, Las the
applicant shall reimburse the City of Newport Beach for all attorney's fees and other costs
expended by them in defending any claim, lawsuit, or judgement arising out of the activities of
the applicant carried on under the authority of such permit.
Judy Bender
Applicant - Please Print
3/01/01
Date
Mark Sites
Contractor -Ylease Print
'XI.
Signed:
Applicant/Agent
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CITY OF Nr"VPORT BEACH FIRE MARINE DE—'%RTMENT
HARBOR. j�RMIT APPLICATION (Please print an information)
2. ProjectAddress
3. New Construction
I IN,
4. Fee r,14A�
f/ v
5. Brief Description of Proposed
03
Harbor PerrriA Number
Revision- Malntenanc�____Z Dredging
Check No. IA*a,4� 1,-e�da-e�
av/fex��
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Locabon and dimension of proposed structure including piles and location of existing structures.
on adjacent properties. .4t,
2). Location of bulkhead, pierhead and project lines. J
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
I 1).Drawing size shall be 8 - 1/2" x 11".
12).Scale shall be adequate to clearly show the above information.
13).Exisfing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed W ri�verse side of this sheet)
8. Applicant's/Agent's Signature: ZZ4, Date: 312-16 /
Joint Permittee Signature (if applicable): bate: 1
9. Work can begin once the City has received evidence of the following additional approvals and you have
been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have conducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection.
OFFICE USE ONLY
Conditions:
Approval in Concept.
Date
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
Date
Date
Approval of the California Coastal Commission.
Date
Approval of the City's Public Works Department.
Date
Approval of the City's Building Department.
Date
Approval of County of Orange.
Date
Electrical and/or plumbing permit (Building Department)
Date
V_
Issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -inspection
Date
Conditions:
X - I �%:'
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
Remove west finger of existing float. Install new 8'x 49'finger & 4'x 22' back walk
to make slip 22'wider. Install 1 new 16" pile and relocate (1) 14" pile. Existing
approach, pier and gangway remain with no configuation change.
Property Address: 1813 East Bay
Legal Description:
lHarbor Permit Number: 109-1813 1
Applicant: Kerry Barth
Applicant's Mailing Address: 1813 E. Bay, Newport Beach, CA 92663
Phone Number: 949-631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
",."as been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager Harbor F�esources Department
re:
Print Name / Title: Chris Miller, Harbor Resources Supervisor
Date: March 28, 2002
Attachments:
Page 2 of 2
CITY 'OF NEWPORT BERCH
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Scope of work: Remove westfinger of existing -fic-a"tAn s --tall new
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x 49' finger and 4'x 22' back walk so that slip is 22' wider than
I
existing configuration. Install one new 16" pile and relocate one 14" pile.
I ' nfi u
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INSPECTION FORM
Harbor Resources Department
Date: /03
Inspection Requested By:
Inspector: Don Duffy
Pier Address:
Pier Transfer
Yes No
GFI Presenti
Anti -Siphon / Backflow Presentl I
Other Comments
Yes No
Present tla_ P/, le3l 0
Pump Out
Pier Location
Yes No
Operationall I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox Internet Address: http://�.s�cb.ca,gov Gray Davis
Secretat),for 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor
Environmental Plione (909) 782-4130 FAX (909) 781-6288
P1 election
April 8,2003
Beth Swift
Swift Slip.Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF BOAT DOCV� NEIL BARTH, 1813 E. BAY AVENUE,
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers 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. Shami at (909) 782-3288.
Sincerely,
�IZ
ALOM"eno (Jun) �. Mar�tirez, Jr., E.
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Anny Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
AS/blutag173let
California Environmental Protection Agency
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Scope of work:
Remove west finger Of existing float, Install new
8' X 49' finger and 4'x 22' back walk so that slip is 221 wi der than
existing configuration. Install one new 16" pile and relocate one 14" pile.
Existin 9-ap-pmacb,pieT and- gangway_rp, r.
ain-:kAq-t-h-.ne-configuration7charrge-----
EEL GRASS INSPECTION /2S C:��m
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STATE Of CALIFORNIA —THE RESOURCES AGENCY GRAY DAVIS, Governor
'CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
RD Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
www.coastal.ca.gov
Date: July 14, 2003
Permit No. 5-03-138
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sentto you on june19,2003 and was repor ted to the
Commission on -Wednesday, July 9,2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
By: FERWE J. SY
Coastal Program Analyst
SE:CEIVED By
PLANNING DEPARTMENT
CITy OF NEwpnRTBEACH
AM , JUL 1 7 � 2003 PM
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CITY OVNEWPORT BERCH
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Scope of work: Remove we - � --- - - I
st finger of existing float. Install new.
8' x 49' finger and 4'x 22' back walk so that slip is �2' wi der than
existing configuration. Install one new 16" pile andrelocate one 14" pile�%`,-,
Existing approach, pier and gangway remain with no configuration change.
EEL GRASS INSPECTION
NO EEL GRASS WIT N 15'OF PROJECT HARBOR RESOURCES DIV.
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STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
- South Coast Area Office Permit Application No. 5-03-138
),00 Oceangate. Suite 1000
, ong Beach, CA 90802-4302 Date.".June 19, 2003
(562) 59D-5071 Page 1 of 6
W 3b
ADMINISTRATIVE PERMIT
APPLICANT: Neil Barth, TR
PROJECT
DESCRIPTION: Remove and replace one (1) existing boat dock finger; extend the existing
backwalk; relocate one (1) existing 14" diameter pile and install one (1) 16"
diameter pile.
PROJECT
LOCATION: 1813 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 Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Wednesday, July 9, 2003
10:00 am
Petaluma Sheraton
745 Baywood Drive
Petaluma, CA 94954
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
ittoouroffice. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMI
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J. Sy
Title: Coastal Program Analyst
5 -03 -138 -(Barth)
Administrative Permit
Page 2 of 6
Am
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent, .
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved
by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intention of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and conditions.
SPECIAL CONDITIONS: See pages four to six.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the California
Environmental Quality Act. If located between the nearest public road and the sea, this development is
in conformity with the public access and public recreation policies of Chapter 3.
FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION:
A. Proffiect Description and Background
The subject site is located at 1813 East Bay Avenue in the City of Newport Beach (Exhibits #1-2).
Single-family residences characterize the subject site and the surrounding area. The proposed project
(Exhibit #3) involves the following: removing the west finger of an existing boat dock float and installing
a new 8' x 49'finger; extending the existing backwalk by installing a new 4' x 22' section; relocating one
(1) existing 14" diameter pile and installing a one (1) new 16" diameter pile. The floating dock system
will only be used for boating related purposes.
The dock project will be used for boating related purposes to serve a single-family residential
development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for
eelgrass and no eelgrass was discovered within 15 feet of the project area. The site has not been
surveyed for Caulerpa taxiffiblia, therefore a pre -construction Caulerpa taxilfolia survey must be
conducted. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until
the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not
5 -03 -138 -(Barth)
Administrative Permit
Page 3 of 6
occur within the respective time periods, a subsequent survey will be required. If anyeelgrass or.
Caulerpa taxiffiblia are found onthe project site, Special Conditions No. 2 and No. 3 identify the,
procedures necessary to be completed prior to beginning any construction. Coastal public access to
the bay is available to the adjacent west of the project site at the "K" Street. street end (Exhibit #2). The
proposed project has received an approval in concept from the City of Newport Beach Harbor
Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the
proposed project will not adversely impact water quality if standard construction methods and materials
are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
C. Water Qualit
The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or
placement of construction material, debris, or waste in a location where it could be discharged into
coastal waters would result in an adverse effect on the marine environment. To reduce the potential for
construction related impacts on water quality, the Commission imposes special conditions requiring,
but not limited to, the appropriate storage and handling of construction equipment and materials to
minimize the potential of pollutants to enter coastal waters. To reduce the potential for
post -construction impacts to water quality the Commission requires the continued use and
maintenance of post construction BMPs. As conditioned, the Commission finds that the development
conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Proaram
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program
that is in conformity with the provisions of Chapter 3.
E. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives or additional feasible mitigation measures available
that would substantially lessen any significant adverse effect that the activity may have on the
environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
6 -03 -138 -(Barth)
Administrative Permit
Page 4 of 6
2;
SPECIAL CONDITIONS:
1 Water Qualit
A. construction Responsibilities and Debris Removal
(1) NO construction materials, equipment, debris, or waste will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal waters and
any debris discharged will be removed as soon as possible but no later than the
end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
B. Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste Management Measures:
a. All trash, reCyGlables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
5 -03 -138 -(Barth)
Administrative Permit
Page 5 of 6
(3) Petroleum Control Management Measures:
a. Oil absorbent materials shall be examined at least once a year and replaced as
necessary. The applicant.will recycle the materials, if possible, or dispose of
them in accordance with hazardous waste disposal regulations. The boaters
will regularly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills. Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas. Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Pre -Construction Eelgrass Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive ' Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (15) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrass within the project area which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall reiplace� the impacted eelgrass at a
minimum 11.21 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.21 (mitigation: i m pact). The exceptions to the required 11.21
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
5 -03 -138 -(Barth)
Administrative Permit
Page 6 of 6
3. Pro -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development
permit (the "project"),.the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043).
D. If Caulerpa taxitblia is found within the project or buffer areas,.the applicant shall not
proceed with the project until 1) the.applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
IAAJe acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicant's Signature Date of Signing
H:\fsy\Staff Repc)rts\July03\5-03-138-[Barth]AP(NB)
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CITY OF NEWPORT BERCH
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Scope of work: Remove west finger of existing float. Install new
8' x 49' finger and 4'x 22' back walk so that slip is 22' wider than
existing configuration, Install one new 16" pile and relocate one 14" pile,
Existing approach, pier and gangway remain with no configuration change,
EEL GRASS INSPECTION
)(INO-EELGRASS Wlll�N 15- OF PROJECT HARBOR RESOURCES DIV.
0 EEL GRASS IN THWPOJECT AREA \e, flrry AE: Ki
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COASTAL COMMISSION
EXHIBIT
PAGE,—A_OF—I—
PLAN ViEw
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Ck CALIFORNIA THE
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 908024416
(5621590-5071
www.coastal.ca.gov
INS
Date: July 14, 2003
Permit No. 5-03-138
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on June 19, 2003 and was reported to the
Commission on Wednesday, July 9, 2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
1 ec tiva irecto
i Y. J
3RI Sy
Coastal Program Analyst
dt CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
ALIFORNIA COASTAL COMMISSION,
South Coast Area Office Permit Application No.5-03-138
O0 Oceengate, Suite 1000 Date: June 19, 2003
ng Beach, CA 90802-4302 1 (a
(562) 590-5071 Page 1 of 6
ADMINISTRATIVE PERMIT
APPLICANT: Neil Barth, TR
PROJECT
DESCRIPTION:
Remove and replace one (I ) existing boat dock finger; extend the existing
. backwalk; relocate one (1) existing 14" diameter pile and install one (1) 16"
.diameter pile.
PROJECT
LOCATION:
1813 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 Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Wednesday, July 9,2003
10:00 am
Petaluma Sheraton
745 Baywood Drive
Petaluma, CA 94954
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 I
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU
MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT
EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Fernie J, Sy
Title: Coastal Program Aagjy�L
.4,N California R -Tional Water Quality "gntrol Board
%%W Santa Ana Region
Winston Rickox Internet Address: 11ttp://www.swreb.ca.gov
Secrelaryfol 3737 Main Stiect, Suite 500, Riverside, Califonfla 92501-3348
Phone (909) 782-4130 FAX (909) 781-6288
plolecdo"
April 8, 2003
Beth Swift
Swift Slip Dock and Pier Builders
2027 Ptacentia Avenue
Costa Mesa, CA 92627
(0
Gray Davis
Go�enioi
PROPOSED REBUILDING OF BOAT DOCK, NEIL BARTH, 1813 E. BAY AVENUE,
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A staterrient 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. Shami at (909) 782-3288,
Sincerely,
7,
P&4'erio (Jun) Martirez, Jr., t.
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Anny Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
J1,S/1)Ntag1731eL
California Environmental Protection Agency
Recycled Pape)
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
April 25, 2003
REPLY TO
A77ENTION OF:
Office of the Cluef
Regulatory Branch
Mr. Neil Barth
c/o Swift Slip Dock and Pier Builders
Attention: Beth Swift
Permit Coordinator
2027 Placentia Ave
Costa Mesa, California 92627
Dear Mr. Barth:
Reference is made to your request of April 4, 2003 (File No. 200300808-SJH). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to modify an existing floating boat dock bayward of 1813 E. Bay Avenue, in the
Newport Bay, in the city of Newport Beach, Orange County, California, as shown on the enclosed
drawings.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with ill
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify flus office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the endoof construction).
Thank you for participating in our regulatory program.
Sincerely,
Mark Durham
Chief, South Coast Section
tilatory Branch
C_ 0f_7f__ ro-IC-Im /�
�/
DATE
,-2(03
TIMOTHY M. LINDENFELSER
26 PELICAN POINT DRIVE
NEWPORT COAST, CA 92657
PH:949-584-4101 PAX:949-721-6063
FACSIMILE TRANSMITTAL SHEET
TO: FROM.
Tom Rossrnffier Timothy M. Lindenfelser
COMPANY.
DATE:
Harbor Resources Dept
9/2/2003
FAX NUMBM-
TOTAL NO. OF PAGES �NCLUDING COVER�
949-723-0589
14
PHONBNUMBER:
SENDEWS REFERENCE NUMBER:
RE: YOUR REFERENCE NUMBER,
1813 East Bayfront Project
0 URGENT . 0 FOR REVIEW 11 PLEASE COMMENT 11 PLEASE REPLY 11 PLEASE RECYCLE
NOTES/COMMENTS!
FORM
Attached is a letter I sent to Jay 0bettar. I thought you should have a copy as well.
Regards,
Tifn
T -d 6909 IaL GiG JaslajuapuTj eSS:01 60 20 daS
August 30, 2003
Jay Elbettar
City Building Director
Building Department
Newport Beach City Hall
3300 Newport Blvd
Newport Beach, California, 92663
Re: Neil and Kerry Barth Project, 1813 East Bay Avenue, Newport Beach, California
Dear Jay:
As you may know the Coastal Commission agreed to consider my revocation request at
the recent coastal corrunission hearing in Huntington Beach on August 7, 2003 regarding
1813 East Bay Avenue. Attached is the presentation made on my behalf at the meeting.
This presentation discusses the excessive dredging and inaccurate excavation estimates
provided by the Barth's. Unfortunately, the grounds for revocation are necessarily
narrow and my request was denied. The rules do not allow the commission to revisit a
previously issued permit based on information that came into existence after the
commission acted, no matter how compelling that information might be.
As it stands, the Barth's will get a coastal permit to build their pool and accessory
structure with nine special conditions. One of the conditions is that no shoreline
protection device can ever be built on the property. However, there is no feasible way to
build this pool without a shoreline protective device. The proposed location is currently
in the rising mean high tide line. Over time, the rising bay water will undercut this
accessory structure and expose the pool wall, creating a pier -like structure potentially
causing a number of problems for the surrounding properties.
I have attempted to sketch a cross-section of the structure based on the plans submitted
by the Barth's (see attached drawing). In the sketch I have shown the sand profile as it
was just prior to submission to the coastal commission. They have made the grade
unnaturally steep to keep their dock from grounding in the sand. As you may remember,
they over dredged their property to make it look like they had more land, then did their
surveys and plans immediately after the dredging. Today, that sand has deposited back in
the water, reflecting the more natural tide lines, and drastically changing the size of their
bay front buildable area.
2 -Cl E909 12L GtIG Jaslajuapul-] eSS:0T 60 2D 4DS
I have also attempted to show the grade as it is today. If the structure were built today,
the moat around the pool would be exposed and would be subject to erosion. This would
expose the structure and neighboring public beach and properties to further erosion,
flooding and wave run-up hazq ds (as described in the original Coastal Commission staff
report).
We, and our neighbors, are concerned about the following issues: Is the pool moat
structurally designed to accommodate the tidewater? Is it in the correct location? Is the
resultant pier structure consistent with the architechu-al aspects of the neighborhood?
Does the structure pose any potential hazards to the surrounding neighbors and public
areas if constructed without a seawater protection device as stipulated by the Coastal
Commission?
The Barth's project is, or will soon be, in for final plan check. As I stated in my last
letter to you, I respectfully request that your office carefully review the plans to ensure
the safety of the project as well as the surrounding neighbors. Please call or email me if
you have any questions. I can also provide you with a recent survey that RDM surveying
completed on August 5, 2003 if it would be helpful.
Thank you very much for your time and consideration. We are truly concerned about this
construction.
Sincerely,
.2v
Tim and Cd4ine Lindenfetser
1807 East Bay Avenue
Newport Beach, CA 92661
949-584-4101
Victor,/,ti@cox.nei
Enclosures
cc: Tom Rossmiller
Harbor Resources Division Manager
6-4 6903 12L Girs JaslaJuepull eSS;DT 60 20 daS
COASTAL COMMISS1014 HEARING REMARKS
August 7, 2003
James D. Stroffe, Esq.
Counsel for
Timothy & Cristine Lindenfelser
Agenda Item 18
Mr. Chairman, Commissioners, my prepared remarks say good afternoon, I
suspect good evening is more appropriate. In light of the hour I will try to
keep my remarks to 7 minutes. My name is James Stroffe. I am an
attorney with Friedman Peterson Stroffe & Gerard and I represent Tim &
Cristine Lindenfelser, owners of 1807 East Bay Avenue in Newport Beach.
My office address is 19800 MacArthur Boulevard, Suite 1100, Irvine, CA
92612.
My clients requested the Executive Director to revoke Permit 05-02-302,
based among other things, on the applicants' intentional inclusion of
inaccurate, incomplete and misleading information with its coastal
development permit application and their false and misleading statements
to the Commission which the Commission relied upon to issue Permit 05-
02-302. The true information, if known to the Commission and Staff, would
have caused the Commission to require additional or different conditions on
the permit or deny the application altogether.
My clients are not opposed to coastal development. They recently
completed construction of their home at 1807 East Bay Avenue -- next door
to the proposed development at 1813 East Bay Avenue for which the
permit in question was issued.
�,*Cl 6909 12L GiG JaslajuaPUT7 eSS:01 60 20 dOS
However, they are opposed to manipulation of the process through
concealment, deception and fraud. It is impossible for this Commission
and its staff to properly discharge their responsibilities to "Protect, maintain,
and, where feasible, enhance and restore the overall quality of the coastal
zone environment. . . " when applicants attempt to subvert the process by
supplying false and misleading applications and supporting documents. It
is the integrity of the process, as much as the result, that is in issue in this
hearing.
In this regard my client makes two assertions:
1 . If the Commission had known that the Barths' bay front lot was
illecially filled, with sand illegall dredged from the bay — thus artificially
increasing its elevation along the bay front well above the MHW mark, I am
confident that Permit 05-02-302 would not have been approved, without
additional and/or different conditions being imposed.
2. If the Commission had known that the proposed project would
require excavation of over 2,680 cu.yds. of soil and export of over 1,200 cu.
yds. of soil — as compared with the Barths' application to excavate and
export 785 cu, yds." -- Permit 05-02-302 would not have been approved,
without additional and/or different conditions being imposed.
Illegal Dredging
With regard to point no. 1:
The staff report indicates on page 6 that "the Commission was aware that
dredging and beach nourishment on the project site was authorized, and
apparently did occur." Staff attaches Exhibit 2, CDP 5-99-282 condition
S -Cl C909 T2L GVG JOS19juapul-I eSS:DT 60 20 daS
compliance letter dated February 14, 2001 as evidence of the
Commission's knowledge on this point.
However, the Barths did not reveal and the Commission did not know that
additional, dredging took place, without a vermit, on or about February 28,
2002, more than 6 months after the authorized dredging referenced in the
staff report
& No Army Corps of Engineers Permit was obtained
9 No California Coastal Commission Permit was obtained.
9 No Harbor Resource Management Permit was obtained.
My clients' revocation request (Exhibit 1, page 1) specifically identifies the
February 2002 dredging as the basis for their request. Clearly, this illegal
dredging was known to the applicant when their application was submitted
to the Commission on August 30, 2002. It is important to note that this
dredging activity is not permitted by ACOE nationwide permit 980029600 —
SDM as modified since this activity was not for maintenance, but rather for
fill activity. As such it required a project specific 404 permit from the corps.
The applicant continues to misrepresent the facts to this Commission. As
recently as 2 weeks ago, on July 17 1h 2003, the Barths stated "Any
dredging done on our beach has been done with all proper and required
permits including sand analysis testing This is a material misstatement
of fact intended to deceive the Commission into believing that all is as it
should be and no further investigation into the proposed project is
necessary. In reality, however, further investigation by staff is essential.
9"Cl 6903 12L Gi76 Jaslajuapul-1 eSS:DT ED UO Jos
The reason the Barth's withheld this information from the Commission
(aside from its illegality and the consequences thereof) was to conceal their
significant efforts to artificially and stealthfully, raise the elevation of their
lot:
so it would appear they have more buildable area toward the bay
than naturally would exist;
a so that the set back issues, stringline issues and bulkhead issues
could be diminished in apparent importance;
a so that their consultants could state that the pool enclosure was
"not intended to be a bulk head";
so that Skelly Engineering could state after a November 29, 2002
site reconnaissance, that the "proposed development will neither
create nor contribute significantly to erosion, geologic instability, or
destruction of the site or adjacent area."
* so that staff would rely on Skelly's report in making its
recommendations
(See
Staff Report,
page 7),
a report
that is
flawed because
it is
premised on
a belief
that the
beach
nourishment was only performed below the high water line. (See
Skelly Report, page 3).
Staff's original report clearly recognizes that "A beach that rests either
temporarily or permanently at a steeper angle than under natural conditions
Will have less horizontal distance between the mean low water and mean
high water lines." Among other things, this will contribute to more rapid
Z7 -j 6909 12L Gi?G Jaslejuepull eSS:01 60 20 JaS
erosion. You can see from the topographic map completed this morning
that erosion is occurring rapidly at 1813 East Bay Front, Staff suggests
that periodic nourishment is common place at the site. While this is true,
because of the excessive, dredging and fill activities the nourishment will be
required more frequently. In the past, the average time between dredging
was 5.4 years and the average quantity of dredge material was 266 c.y,
The most recent approved dredging was nearly 2x this average at 430 c.y.
(not to mention the illegal February 2002 fill activity).
There are at least two problems with requiring more frequent dredging.
1 . Cumulative impact to the Marine Environment
2. Effect on the improvements if it is not performed.
The Commission did not impose a condition of beach nourishment in the
permit. Moreover, even if it had, there is no guaranty that dredging will be
allowed in the future. At present, there is a significant controversy over eel
grass which could impact the ability of Barths to dredge and perform beach
nourishment in the future. This proposed was not considered by the
Commission because it was unaware of the illegal dredging.
Without regular beach nourishment, the beach erosion will eventually
undermine the pool wall, walkway, pool and patio deck. While the caisson
supported pool structure may be structurally able to withstand this erosion,
the bayside aesthetics of th is situation would be abysmal and this prospect
was not considered by the Commission because of the misleading and
omitted information.
.8-d 6909 12L sips J0510juapull e9s:01 60 20 Jas
Excavation and Export Misrepresentation
Another example of applicants' intent to mislead this Commission can be
found in its August 30, 2002 application, which states cut and export will
equal 785 cu. yds." Attached as Exhibit "A" is a summary of an analysis
performed by architect John Morgan concerning the actual excavation and
export required at this site. As is evident applicants vastly understated the
amount of excavation and export by a factor of 150 to 340%. Staff did not
address the impact of this large volume of excavation and export, the public
notice did not address it and the Commission did not address it. Had the
matter been addressed additional conditions regarding stockpiling of spoils
and protection of the beach and bay front could and would have been
imposed.
Conclusion
The fact that the applicants intentionally omitted to disclose material facts
concerning their illegal dredging and the large quantity of excavation that
their proposed project will involve is, of itself, sufficient to justify revocation
of the permit. Because the issues concern illegal dredging activities, and
its impact on the beach, bay, ownership, setback and stringline issues,
Permit 05-02-302 should be revoked and staff should be directed to further
investigate the proposed development application.
6909 12L GiIG JeslaJUOPUTI e9G:DT ED 00 JaS
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19 13 East Bay Proiect Review 8-4-2003
Dear Tim�
I went to the city tins morning and reviewed the project plans that were submitted for the
approval in concept. I have the following information for you to review.
Square Fog—tne—s
From what I ran determine the square footages indicated fbr the I' and 2�d floor are not exactly
what I would have indicated on the plans. I have calculated the square footages as close as
possible just as the city counts the square footages for stairs on one floor only, areas not open on
two sides are also counted into the city fbotages. I have indicated these differences below.
Floor Bardi' Plans Indi I Calculated Differen
Main Level (16Floor) of
31667 plus Utility of 63 s.f 3,730 s.f. 3,909 st +179 s.f.
upper Level(2Ed Floor) 4,672 s.f 4,742 s.f +70 s.f.
Garage � 921 &f. 935 s.f +14 s±
Basement Storage 936 s.f 936 sI 0 s.f
Basement Habitable 1,556 s.f +19100 s -f.
With utility Space 1.363 s.f
All Levels 11,622 s.f 12,078 SX +456 s.f.
Grading Informati
rbe public notice for the coastal public hearing notice indicated that there was going to be
"785 cubic yards of grading and export". Bymy calculations that is far from the actual number
of yards that will be involved in a complicated project like this. ort, I have been the architect
. Although I have not been permitted to review the project soils rep
of record for many bay front homes in the area and the methodology is nearly the same for each
lot First of alL typically for a site like this, once the site has shoring panels installed around the
entire perimeter of the site, the entire site will be over exca ' vated and Te-oomPacted Prior to the
removal of the earth for the basement. area. Givena site area of approx- 8100 square feet times a
5 foot over ex and.re-compact this equals 1500 cubic yards of earth that has to be moved around
on the project site. Clearly this amount of grading is more than 78 1 5 cubic yards and must occur
before the basement. area can be excavated.
The entiro.basement.are I aby MY calculations is 2,492 square feet including the storage and
utility areas -The depth.of the -basement excavation. will vary depending on if it is storage or
habitable arm
Being very conservative, given the storage area of 936 s.f. times only a lo, -o excavation depth
346 cubic yards of export. Given the remaining basement area of 1,556 sX times the
12,_O,, depth indicated in the project plans on the sections is 1,556 s.f. x 12' = 691 cubic yards
of export�'
The ramp area leading down to the boat storage room will need to be excavated too. This area
is approximately 35'cubic yards of exporL
The swimming -pool is indicated as approximately 14' wide x 42 foot long. If we assume a 5'
average:depth,.tbis,ecLuatesto another 108 cubic yards of export. ca required for the
Not-inchided iwauy-export-uumbers is the information as to the amount Of t
footingszof the residence; the�grade:beams between the tops of the caissons connecting them
2T -CJ 6909 12L Gi'G JoslaJuapull eLS:OT 60 20 daS
together and lastly the number and quantity of caissons and the export these caissons will
require -
To summarize the grading information, 1500 cubic yards of grading will be involved prior to
excavating for the basement Then arninimum of 1,180 cubic yards of export will be
requirecL Another point to consider is that when these massive retaining walls are constructed,
generally an additional 3' offset is required for the back of the retaining wall to be exposed
during the construction so the plumbing, water proofing can be installed. This results in
additional export during the initial construction and then the back fill fbr the basement area.
Clearly the 1, 180 cubic yards of export I calculated witifin a few minutes is 395 cubic yards
different from what the coastal application indicates and clearly could be grounds for such a
second review of the coastal permit for this project due to the large amounts of grading involved
and the disparity of the information in the application.
Please call me if you have any questions.
John Morgan
ARCHNECT
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Permit # 10q-1913
DREDGING PERMIT STATUS
Comments/Date
Action Completed
Permit Received
1011,5-16,3
Eelgrass
Inspection
-7
Sent to Agencies
From Corps
From Coastal
/0
Notified OK to
Dredge
Not Approved
Completion Report
Comments:
P
ilk,
rF 0
POSTDREDGING
COMPLETION REPORT
The perirtittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit The post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit. The
post -dredging report shall include the following information for the completed individual
dredging project.
PermitNumber: 109-1813
StartDate: 1/10/05 CompletionDate: 1/13/05
Total dredged material to Beach: 468 cubic yards
to Sea (LA3):
Total acreage impacted: .097
Mode of dredging and hansportation, and method and frequency of disposal:
Hydraulic Suction transported through a pipeline onto
adjacent beach.
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
USCG Contact Yes No
form of dredged material; Slurry X Cohesive
Procedure and location where the disposal barge or scow was washed:
No washing.necessary.
A certified report from the dredging site inspector and the captain of any tug or other vessel
used to transport and dispose of dredged material at IA -3 indicating all general and special
penrtit conditions were met. Any violations of the permit shall be explained in detaiL
All conditioning permits were met: Yes No
Post -project surveys of Eelgrass beds potentially affected by the dredging.
Not necessary as no eelgrass was identified in dredging area.
The post -dredging report shall be signed by a duly authorized representative of the permittee,
The permitteiYs representative shall make the following certification:
I certifij under penalty of lazo that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for su mitti Ise information, ding the
possibility offine and imprisonmentfor knowing viola . . - r r
-At. '41 1 r , President
Signature Shellmaker Inc.
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, G ovemor
CALIFORNIA COASTAL COMMISSION
,.,South Coast Area Office
200 Oceangate. Suite 1000
Long Beach, CA 90802-4302 January 5, 2004
(562)590-5071
Mr. Tom Rossmiller
City of Newport Beach/Division of Harbor Resources
829 Harbor Island DriVe
Newport Beach, CA 92660
Subject: Condition Compliance — Coastal Development Permit &99-282, as amended
& Conformance with Consistency Certification CC -078-99 & CC -077-01
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or
CC -07M1 for the following sites in the City of Newport Beach:
city
Harbor
Permit #
Site Address -
Beach
Disposal
Qty (cu.yds)
Ocean
Disposal
Qt � (cu.yds)
Cumulative
Total� for 2003
151-403
403 N. Bay Front
95
0
139-3
#3 Harbor Island
60
0
109-181
1813 East Bay
'468
0
132-415
115 de Dr & 421 Harbor Island Drive
'lay!
NO
0
iSub totali
8 3
6
I Year-to-date total
3108
1 6090
10021 1
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components of the projects. In addition,
the proposed beach disposal events have been review ed and found by the Executive Director to be consistent with
Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is
necessary from the Commission for the beach disposal components of the projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -078-99. and CC -077-01 and/or conform with the terms and
conditions of Coastal Development Permit 6-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This
certification is based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time
must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 -and/or CDP 5-99-
282, as.amended, is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
CC: Mr. Mark Delaplaine, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
� Not to Exceed 20,000 cubic yarus per year
7777,
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
PO BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
City of Newport Beach
Harbor Resources Division
Attention: NR. Tom Rossmiller
PO Box 1768
Newport Beach, California 9265 8-8915
Dear Mr. Rossmiller:
January 8, 2004
This is in reply to your recent applications, for Department of the Army Permits to Conduct
maintenance dredging and beach disposal of dredge material, per Regional General Permit
No. 54 in Newport Bay, Newport Beach, Orange County, Califomia. This letter authorizes
maintenance dredging at five sites within Newport Bay (see below). This letter does not
authorize the direct impact of Essential Fish Habitat.
USACE
city
Site Address
Volume
Area (est.,
Beach
Ocean
Base #
Harbor
(Cubic
Square
Disposal
Disposal
Permit #
Yards)
Feet)
200400455
132-415
415 Bayside Drive &
200
2700
Yes —
No
Sites 1 & 2
421 Harbor Island Drive
Supratidal
200400458
109-1813
1813 East Bay
468
4225
Yes —
No
Supratidal
200400460
139-3
3 Harbor Island
60
1602
Yes —
No
Supratidal
200400461
151-403
403 North Bay Front
95
1280
Yes —
No
Supratidal
Totals 823 9807 sf 823 cy 0
Based on.the information you have provided, the Corps of Engineers has determined that
your proposed activity complies with the terms and conditions of Regional General Permit (RGP)
54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with any
existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, State, or local an , thorizations required by. law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Ms. Cori Farrar of my staff at (213) 452-3296.
Sincerel
Mark Durham
Chief, South Coast Section
Regulatory Branch
't�vwpo *�'
Ilk
r 0 vo�'
W-3 ZZ - i
lill V4 1 1 k' [-CW U
Permit No. loq- /g/ 3
Payment: $423.00 + $13.00
Check No: 3237 + 11063 Date: �3
Project Location: 1813 East Bay, Newport Beach
Latitude/Longitude., N 33' 35.9591 W 1170,53.224,
Cubic Yards to be Dredged: 468 cubic yards
Method of Dredging: HYDRAULIC SUCTION
Nature of Dredged Material (Grain size data): REPORT ENCLOSED
Disposition of Dredged Material: PUMP ONTO ADJACENT BEACH
Method of Material Disposition: PIPELINE
Effect of Dredging on Contiguous Bulkheading and Beaches:
RESTORES BEACH AND REINFORCES BULKHEAD
Project Begins: Project Ends:
WILL SCHEDULE PROJECT WHEN WE RECEIVE PER141T
Page 2
Dredging Application
1, Lorenzo C. Miller (Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, 1, as the applicant 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.
Neil Barth
Applicant — Please Print
Shellmaker Inc.
Contractor — Please Print
September 18, 2003
Date
Signed: C Vice President
ApplicantlAgent /
-----------------
FEITY OF KPORT BERCH
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YICINITY MRP MT PFK)F I LE V 40'
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PLAN VIEW 1'
JOB ADMSS,
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DAVID H. LEE & ASSOCIATES, INC.
—Z-"/ GEOTECHNICAL ENGINEERING e- ENGINEERING GEOLOGY
DHLA Ms. Lisa Miller
SHELLMAKER, INC.
DAVID H, LEE & ASSOCIATES
Primary Business Address
2301 1 Moulton Parkway
Suite D- I I
Laguna Hills, California
92653
Phone: 949-461-5690
Fax: 949-461-7901
email: dhla@dhla,com
http://www.dhia.com
2035-F Placentia Avenue
Costa Mesa, CA 92627
September 11, 2003
Our Project K03.053.00
SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from
the Barth Property located at 1813 E Bay Avenue, Newport
Beach, California 92661.
Dear Ms. Miller.
DAVID H. LEE, PE, GE Presented herewith are the results of our phi grain size analyses performed on
COLIN E. CUNNINGHAM, RG, CEG the soil samples provided to us by your firm. 1he test procedures were in
KAREN L. MASTERSON. MESC accordance with ASTM D 422-63 (1998) and U.S. Army Corps of Engineers
Report Number CETA 79-7 criteria.
SANDRA D. HULL� BS
Please do not hesitate to call if you have any questions after you have reviewed
the attached data.
Respectfully submitted,
Karen Masterson
Project Engineer
Attachments: Plates 1.1-1.2 -- Grain Size Summary
Plates 2.1-2.2 — Cumulative Grain Size
Distribution: Addressee (1)
"DhIaSNVA�W d�l3�ROJECTSLKa3.053.WW03D530OLPHLGS Lefferdw
Reviewed by:
&""� /4 - J-� (-d'00
David H. Lec
Geotechnical Engineer
2
IS11
A EXP. 3-31-04
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND to SILTY SAND
(SP -SM): olive brown to dark gray brown (2.5Y 4/2-4); saturated; fine to medium Sand;
scattered shells and shell fragments. The sample was obtained from the Barth Property,
1813 E Bay Avenue, Balboa, Newport Beach, California at a depth of -4.0 to -2.0 Feet
MLLW.
David H. Lee & Associates, Inc.
23011 Moulton Parkway, Suite D-1 1 PHI GRAIN SIZE SUMMARY
Laguna Hills, CA 92653
Telephone: 949-461-5690 CLIENT: SHELLMAKER, INC. PROJECT: I DATE: PLATE
Fa�: 949-461-7901 K03.053.00 September, 2003
Al I
Sieve Opening
Particle Diameter in
U.S. Standard
% Material Cumulative Percent
(mm)
Phi Units
Sieve Size
Retained by Weight
Retained
38.1
-5.25
11/2"
0.0
0.0
19
-4.25
3/4"
0.0
0.0
Gravel
9.5
-3.25
3/8"
0.2
0.2
4.75
-2.25
4
0.6
0.8
2.83
-1.50
7
0.6
1.4
2
-1.00
10
0.4
---------
1.8
------------------
1.41
-0.50
-------------
14
1.0
2.8
1
0.00
18
2.1
4.8
0.71
0.50
25
3.1
7.9
0.5
1.00
35
6.6
14.5
0.35
1.50
45
9.8
24.3
Sand
0.25
2.00
60
30.4
54.7
0.177
2.50
80
32.2
86.9
0.125
3.00
120
10.7
976
0.088
3.50
170
1.0
98.6
0.075
3.75
200
0.0
98.7
0,063
4.00
230
------------
0.0
98.7
-----------
Silt-Clay
-------------
<0.063
<4.00
<230
1.3
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND to SILTY SAND
(SP -SM): olive brown to dark gray brown (2.5Y 4/2-4); saturated; fine to medium Sand;
scattered shells and shell fragments. The sample was obtained from the Barth Property,
1813 E Bay Avenue, Balboa, Newport Beach, California at a depth of -4.0 to -2.0 Feet
MLLW.
David H. Lee & Associates, Inc.
23011 Moulton Parkway, Suite D-1 1 PHI GRAIN SIZE SUMMARY
Laguna Hills, CA 92653
Telephone: 949-461-5690 CLIENT: SHELLMAKER, INC. PROJECT: I DATE: PLATE
Fa�: 949-461-7901 K03.053.00 September, 2003
Al I
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND (SP): light olive brown
(2.5Y 5/4-6); humid; fine sand; trace of shells and shefl fragments. The sample was
obtained from the Barth Property, 1813 E Bay Avenue, Balboa, Newport Beach, California
at a depth of +2.0 to +4.0 Feet MLLW.
David H. Lee &Associates, Inc. PHI GRAIN SIZE SUMMARY
23011 Moulton parkway, Suite D-1 1
Laguna Hills, CA 92653
Telephone: 949461-5690 -------- 7TE
Fax: 949-4614901 CLIENT: SHELLMAKER, INC. PROJECT: I DATE: ::,. 2003 PLA2
K03.053.00 Septern
Sieve Opening
Particle Diameter in
U.S. Standard
% Material Cumulative Percent
(mm)
Phi Units
Sieve Size
Retained by Weight
Retained
38.1
- - - - - --- -
-5.25
- - - - - - - - -
11/2"
-
0.0
0.0
19
-4.25
3/4"
0.0
0.0
Gravel
9.5
-3.25
3/8"
0.0
0.0
4.75
-2.25
4
0.3
0.3
2.83
-1.50
7
0.3
0.6
2
-1.00
10
0.3
0.9
-----------------
1.41
----------------------
-0.50
14
0.4
1.3
1
0.00
18
1.1
2.4
0.71
0.50
25
2.5
4.9
0.5
1.00
35
8.1
13.0
0.35
1.50
45
13.3
26.3
Sand
0.25
2.00
60
22.8
49.1
0.177
2.50
80
26.6
75.6
0.125
3.00
120
19.5
95.1
0.088
3.50
170
3.3
98.4
0.075
3.75
200
0.2
98.6
O�063
4.00
-------------------------
230
0.1
----------
98.8
Silt-Clay
<0.063
<4.00
<230
1.2
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND (SP): light olive brown
(2.5Y 5/4-6); humid; fine sand; trace of shells and shefl fragments. The sample was
obtained from the Barth Property, 1813 E Bay Avenue, Balboa, Newport Beach, California
at a depth of +2.0 to +4.0 Feet MLLW.
David H. Lee &Associates, Inc. PHI GRAIN SIZE SUMMARY
23011 Moulton parkway, Suite D-1 1
Laguna Hills, CA 92653
Telephone: 949461-5690 -------- 7TE
Fax: 949-4614901 CLIENT: SHELLMAKER, INC. PROJECT: I DATE: ::,. 2003 PLA2
K03.053.00 Septern
't.
t
�:
7;
/�
�� C�� �F � M Fc-7-
(ACOE Permit No.,
RWQCB Order or Cert, No,)
System::
[Hydrographic
(bay, =estNary,lagoori, or
0 L) v",,
harbor)
Specific Location-,
(UTM, Lat.[Long., daturn,
5ccmcy level, attach
336 3,��-�9_5)�Vl
electronic survey area map if
possible)
117615
Was Caulerpa
--Yes, Caulerpa was found at this site and
Detected:
(if Coulerpa is found, please
has been contacted on date,
immediately contact the
Epermifflng agency project
staff and NMFS or CDFG
No, Caulerpa was not found at this site,
rsonnel identified above)
Description of
Permitted Work:
(describe bri6fly the work to
be conducted at the site
under the permits identified
above)
Description of Site;
Depth range:
(describe the physical and
biological conditions within
the survey area at the time of
the survey and provide
insight into variability, if
known. Please provide units
for all numerical
h1formitition).
Substrate
typ e.,
Salinity
Dominant
Ore.'
ominant
auna.,
Exotic
species
encountered.
Other site
d crl
es J�tjon
notes:
Descrip�iou of Survey Survey date
Effort: i and tinie
(please cindribe the surveys eriod.
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey densiry
(estimated percentage of the
bortom actually viewed).
Describe any Ihnitations
encountered during the
Survey efform
__1"'0'r'iz,'0i;ta,"
1 4
water.,
Survey type
and methods:
M
Caulerpa Survey Reporting Form (version 1.0, 9/18/01)
Caulcrpa Eradication in Southern
California
0 Southwest Region Home Pag
Survey
ersonnel.
Survey
density.
Survey
limitations.
Other Information:
(use tIrs space to provide
any additional information or
reierences to artached
materials such as maps,
reports, etc.)
Caulerpa Survey Reporting Form (version 1.0, 9/18/01)
Caulcrpa Eradication in Southern
California
0 Southwest Region Home Pag
INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By:
Inspector: Don Duffy
Pier Address: 0 19- Ay/ 3
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
I . I I I
Anti -Siphon Backflow Present
Other Comments
Eelgrass
Yes No ell
PresentE =7_i�
Pump Out
- Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CIF Number
Location on Dock
Comments / Observations
Other Request
WA
November 14,2003
To: The Lindenfelsers (1807East Bay Ave)
The Binders (1903 East Bay Avenue)
As required of all dredging and beach replenishment in the City Of Newport Beach,
we are hereby informing you of our upcoming dredging project at 1813 East Bay Avenue.
Date to be determined.
Please sign and return the self-addressed and stamped acknowledgement card to
Shellmaker,lac.
Thank you.
Sincerely,
L
Neil and Kerry Barth
IIU.S. Postal Service�.
rFRTIFIED MAIL. RECEIF
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EXHIBIT OB*
LOT LINE ADJUSTMENT N.B.LLA. 20Dl-002
(MAP)
OWNERS
ExIsr
APIOUMPAVERF'S
NECOE P AUR CBE
PRUEPROES N M i'EjR
NEIL M, BARTH AN) KERRY O'NEII. GARTK
048 -233 -la
PARCEL "A"
NEIL. M. 9ARnI AND KERRY O'NEIL BARTH
048-233-19
PARCEL "A"
L fl(Z W.
BOUNDARY LINE
A EXISTING LOT LINES
LINES TO RE REMOVED
PNO
- - - - - - - EXISTING LOT
NO. 7765 LOT NUMBER
12 1 U.5 uOVE11101T _y_ DATA SHOWq HERE014 IS BASED UPON
aU�KHFA
Uzi , 0 LINE RECORD DATA,
NEWPORT 2145.68') SAY
NI
N89'56'24"W 90.00'
SCALE., 1"--40' :Z- —774.63'
MWA �ITRACT 5/15 1 MIMA.. 1321.05'
I
AP 1110 w I I
2 R;
m-= 0 1 AP #109
6 6
9�y AVENULz -p
(APAN00WE)
0,15 -jo. �l To -IF
K 27 MML=16 'A'
b 14,51-53.04 M FT.
to 4
�oj
EASTSIDE Ar"TKIN 4/20 mm
Lo' J 1 '30.00,
L-3—000,- L io
—oty
-Lo -
---ALLEY— eV
lo,
Description: arangeCA Docurnent- Year, Voclu ZUU7. tzuzqbp t -age: a or v
order,- 2 Comment
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Worlus Mpartmoxtt
City of Newport Beach
33DO Newport Blvd.
P�0'11ox 1768
Newport Beach,Ca-92659-1768
Recorded in Offict3l Records, County of Or2ngq
Gary Granville. Cj&rk.Rccord*r
IflIIIIII 1111111 j 1111101 M 11111111 M22. 00
20olo720249 iO:52am '1012101
j15 t-89 I
0.00 0.00 0,00 0.00 jg,og 0.eo BAD 0.00
NBWPORTBEACH
LOT LM AWUSTN3NT No. ROOI-002
THIS PAGE WAS ADDED TO PROVIDE ADEQtJATE SPACE FOR RECORDING
INFORMATION
Description: Orange, CA Document -Year DoclD 2001.720249 Page.* 1 of 9
Order- 2 Comment: