HomeMy WebLinkAboutM2007-0034CITY OF NEWPORT BEACH
HARBOR COMMISSION STAFF REPORT
Agenda Item No. 1
May 14, 2008
TO: HARBOR COMMISSION
FROM: Harbor Resources Division (City Manager's Office)
Chris Miller, Harbor Resources Manager, (949) 644-3043
cmiller@clty.newport-beach.ca.us
SUBJECT: 2136 E. Balboa Blvd — Cantilevered Deck Appeal
ISSUE
Should the Harbor Commission waive the 5' setback requirement on the eastern end of
the cantilevered deck as requested by Mr. Shapiro at 2136 E. Balboa Blvd?
RECOMMENDATION
The Harbor Commission may:
1. Advise staff to waive the 5' setback requirement on the eastern end of the
cantilevered deck; or
2. Advise staff to deny the request per the requirements of the NB Municipal Code.
DISCUSSION
Mr. Shapiro at 2136 E. Balboa Blvd proposes to extend his cantilevered deck to his
eastern property line as depicted on the proposed drawing in Exhibit 2. Current
Municipal Code restricts private decks that extend over the water from being within 5' of
the property line.
NBMC § 17.35.20.0
Patio Decks. Patios are not permitted to extend over the waters of Newport
Harbor unless the waters are adjacent to the upland property and outside the
areas described in the Tidelands Trust, and provided the patio complies with the
following conditions:
1 The maximum projection of patio decks encroachments beyond the
Bulkhead Line shall be limited to 5 feet.
2.
2136 E. Balhoa Blvd. Appeal
May 14,2008
Page 2
No float shall be permitted within one foot of the decks.
4. No permanent structure shall be permitted on the projecting portion of the
patios except:
a. Planters and benches not over 16 inches in height.
b. Railings not over 42 inches in height with approximately 95
percent open area.
A cantilevered deck is permitted at this property because the deck will extend over
waters not delineated by the Tidelands Trust which is defined as the waters between the
Bulkhead Lines on either side of the channel. In this case, the Bulkhead Line is
approximately 30'from the actual bulkhead of the property as seen on Exhibit 1.
The applicant does not propose a waiver for the western side of the cantilevered deck
and will conform to the 5' setback requirement.
ENVIRONMENTAL REVIEW
This project underwent its CEQA review and is categorically exempt under 15301
(Existing Facilities), Class 1 consisting of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment or topographical features, involving negligible or no expansion of
use beyond that existing at the time of the lead agency's determination.
PUBLIC NOTICE
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meetings at which the Harbor Commission considers the item). It
was also posted on the City's website.
Prepared by:
Chris Miller
Harbor Resources Manager
Attachments: Exhibit 1: Aerial Photos
Exhibit 2: Proposed Layout
2136 E. Balboa Blvd. Appeal
May 14,2008
Page 4
Exhibit 2
Proposed Layout
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NEWPORT BEACH HARBOR COMMISSION MINUTES
City Council Chambers
May 14, 2008
CALL TO ORDER 6:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Chairman Lawrenz, Commissioners Seymour Beek, Tim Collins, John Corrough,
and Karen Rhyne were in attendance. Commissioner's Rodheim and Duffield
arrived later. Staff: Lorrie Arcese, Chris Miller
MINUTES: The minutes from the last meeting were approved.
ACTION ITEM
APPEALS & ACTION ITEMS
ITEM #1
Subject: 2136 E. Balboa Blvd — Cantilevered Deck Appeal
Summary: Should the Harbor Commission waive the 5' setback requirement on the eastern
end of the cantilevered deck as requested by Mr. Shapiro at 2136 E. Balboa Blvd?
Discussion: This is a local, unique condition and there is no precedent. The neighbors were
noticed and had problem with it.
Public Comments:
Lisa Miller from Shellmaker spoke on behalf of the property owner. The
neighbor on one side already has a deck with no set back, so they will meet on
that one side. It is for safety and will look better.
Action: The motion was made by Commissioner Beek to advise staff to waive the 5'
setback requirement on the eastern end of the cantilevered deck. The motion was
seconded and carried with all ayes.
ITEM #2
Subject: Special Event Permits for Sailboat Races in Newport Harbor
Summary: This staff report was intended to briefly discuss the City's possible role of issuing
Special Event Permits for sailboat and other human powered, water racing events
in Newport Harbor, therefore allowing the participants to exceed the posted speed
limit.
Discussion: The Commission felt that bundled permits are a good idea (20 events on one
permit), but the general permit fee is a concern. They did not want to add a lot of
bureaucracy, to have a lot of departments input and wanted Harbor Resources to
handle it, not Parks and Recreation. Ordinance changes will need to be drafted.
Wind and weather conditions will need to be considered for course changes. The
Sheriff Department will need to be notified. Chris felt that Parks and Recreation is
experienced with permits and has the mechanism already in place for all
recreational events in the City.
Public Comments:
Andy Rose, Balboa Yacht Club, Is in support of the ordinance. County code
invites this type of thing and he quoted code. This ordinance clarifies the
status quo, we are not suggesting adding anything. Does not want it given to
Parks and Recreation, should be a streamlined process. Not standard City
system, this is why the City set up the Harbor Commission.
• Jim Winch, Balboa Yacht Club, is in full support of this process. Keep it simple,
with the Harbor Resources Division. We have done everything to insure
safety.
• Gordon Glass also feels this is a good start and solution. Made a suggestion in
the new ordinance. Practicing is an essential part of racing and should be
included.
• Carter Ford said it is a good effort. We need well handled discretionary
enforcement concerning practicing speed and perhaps change the language to
reflect that. Commissioner Rhyne said this is just a beginning, not trying to
solve everything at once.
Action: The motion was made to provide input to staff and advise staff to pursue
discussions with the City Attorney concerning Special Event Permits which would
waiver the posted speed limit in Newport Harbor. An amendment was made to the
motion saying that staff should incorporate all changes discussed and submit to
the City Attorney without coming back to Commission, before the next meeting.
Both motions passed with all ayes.
SUB -COMMITTEE REPORTS:
HARBOR RESOURCES UPDATE — Chris gave an update on the harbor. Please refer to the
following website: The update is posted at: ht!p.,Ilwww.citv.newi3ort-beach.ca.uslhbr
(under Harbor Resources Updates).
PUBLIC COMMENTS ON SUB -COMMITTEE REPORTS OR HARBOR RESOURCES
UPDATE:
• Commissioner Duffield handed out minutes to the Mooring meeting. Most of the
members felt that relocating the anchorage is a priority. The Harbor Patrol is
very happy with where it is.
• Commissioner Corrough said that the new designs for the buildings have been
accepted. It will come before the Harbor Commission for review.
• Commissioner Rhyne reported on the overhang sub -committee. Different areas
have different widths, so they will have to look at different restrictions per
bulkhead, They will take into consideration safety and distance.
COMMISSIONER'S ANNOUNCEMENTS OR MATTERS TO BE PLACED ON FUTURE
AGENDAS FOR DISCUSSION, ACTION OR REPORT
Carter Ford said there is 1,300 linier feet of public beach at I 9th . He reported that the
Sail and Charter Meeting went very well and was well attended because it was
mandatory for the charter companies in order to get their permit. He thanked for a job
well done at the American Legion pump -out dock.
RECOMMENDED TOPICS FOR FUTURE AGENDAS:
• State of the Harbor in June.
• Newport's Lack of a Disposal Barge for Smaller Dredging Projects
DATE OF NEXT MEETING: June 11, 2008, 6:00 pm
City Council Chambers
ADJOURNMENT
j.
HARBOR
PERMIT
TRANSMAPPLICATION
829 94ibor island Ixive
Nei�,porf Beach, CA 92660
549-644-8'044
4.pale. -of-Ap atqn: 511��, Permit. N
umber:_Job 2J3(o
.P67130Y. Adc(N$4;� Z36 *s4.:�'� Bmdevard
CA: 9,2661
Arda bes Lijd
Tele h6
S0( ir�s'.Naffie.s�.i 1W
-Seller�s Sig.nadures.-
Joint Owner S:ig.h1.atqr..e1'
"Escrow Cornpqny�. versa -1 s��ttibwnts . . Phone# 949-554-�1275
Address 1200 Oewport ce�bEir Drive, #100, Newport Peach CA,
"Escrow Nurnb',er� 7'71 -PK.
A **Fax M 949-554-1275
Closing Date (Estimate), 05/1,5/1S
*STARRED ITEMS MUST BE GOMPLETE TO BEGIN THE PROCESS.
------------------------------- -----------
Inspection. Date: k'
3 Reinspection Date: 7 7/B
Fee Paid: ��b C h ec k N o: _q044
Application Complete..
Harbor Resources
SignaturelDatb
Special Conditions.: This permit is (evocable by the City Council
in accordance With Title 17 of the Newport Beach Municipal Code.
o'
ILIF ov",�
HARBOR PERMIT
TRANSFER APPLICATION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3044
**Date of Applicaton: 5/13/13 Permit Number: LCPj�2-2JaO
"Property Address: 2136 Fast Balboa Boulevard
NwPort Beach, CA 92661
"Buyer's Names: Arden gqqLa�.�, Lw
Billing Address:
Telephone No.:
Buyer's Signatures:
"Seller's Names:
Seller's Signatures:
Joint Owner Signature:
"Escrow Company:
"Address
"Escrow Number:
Versal settlements Phone# 949-554-1275
1200 Ne%43ort Center Drive, #10o, Newport Beach, C&
771 -PK
Closing Date (Estimate): 05/15/13
**Fax M 949-554-1275
* *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS.
Inspection Date:
Fee Paid:
Application Complete:
Reinspection Date:
Check No:
Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the City Council
in accordance with Title 17 of the Newpon! Beach Municipal Code.
July 17, 2013
Versal Settlements
Fax# 949.554.1275
CITY OF NEWPORT BEACH
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
Re: Pier Permit #108-2136
2136 E. Balboa Blvd.
Escrow # 771 -PK
Dear Versal Settlements,
46�k "�rn�
Q!�z
The Harbor Resources division has received the completed, signed application
and fee for the pier permit transfer. The pier inspection performed by our office
has determined that it meets City standards. Thank you for your help.
For further assistance in this matter, please contact this office at 949.644.3044.
Sincerely,
11�4 A/,?&tw
Lisa Walters
Harbor Resources
Date:
Inspection Requested By:
Inspector:
Pier Address:
i' Pier Tra�nsfer
I I Z 1.1 a *4& 0 M kq I Mel NA11
Harbor Resources Department
GFI Present
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
. &I sc, E. �4'X
fRe i tns pe cti o n
_D Yes, NeWw- None Neede Me
LZ I Vv 11 , I I I
I V Z: 1 1
1oCCCW— 11�B
Date Time F] Eelgrass Within 15'of Project
F] Eelgrass Within 15' - 30' of Project
F] No, Eelgrass in Project Area
Pump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
714.q08'B4b_2_
OR
ia
11MI
CITY OF NEWPORT BEACH
Harbor Resources Division
829 Harbor Island Drive, Newport Beach, CA 92659
949-644-3044/Fax 949-723-0589
'-IF o V%L
IFL
May 22, 2013
Versal Settlements
Fax #949.554.1275
Re: Escrow# 771 -PK
2136 East Balboa Blvd.
We were unable to locate the backflow device during our field visit for the
property transfer. Please call me and let me know of its location.
If there is not a testable backflow prevention device, one will need to be installed
prior to pier transfer.
Thank you,
.&6a Watteti
Lisa Walters
Harbor Resources
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P�O� BOX 532711
LOS ANGELES, CALIFORNIA 90053-2326
October 19,2007
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
Mike Shapiro
Wet Paws, LLC
c/o: Lisa �Mller
Shellmaker, Inc.
2035F Placentia Avenue
Costa Mesa, California 92627
Dear Mr. Shapiro:
This is in reply to your letter (No. 200700649-JPL) concerning our permit authority
under Section 10 of the Rivers and Ha:rbors Act of 1899 over your proposal to temporarily
impact no more than 0.02 acre of jurisdictional waters�of the U,S. in a�sociation with the
ren-Loval and replacement in kind of an existing seawall and cantilevered deck at 2136 East
6
Balboa Boulevard along Newport Harbor in Newport Beach, Orange County, California.
The Corps of Engineers has determined your proposed activity complies with the terms
e
and conditions of Nationwide Permit No. 3: Maintenance (S ctions 10 aDd 404) as described
in enclosure 1.
Furthermore, you must comply with the following non-cliscretionary Special
Conditions:
Special Conditions:
1. Wit] iin 45 calendar days of completion of authorized work in waters of the -U.S., the
Pern'tittee shalt submit to the Corps a post -project implemen&-Ition memo indicating the
date autbori7ed impacts to waters of the U.S. ceased.
1 'n-te permitted activity shall not interfere with the right of the public to free navigation
on all navigable waters of the United States as defined by 33 C.F.R. Part,329.
3, Creosote treated pihngs shall not be placed in navigable waters unless all of the
following conditions aremet:
A) The project iTIVOI-Ve'S the repair of eXiSting structures that were originally
constructed using wood products;
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B) The creosote treated pilings are wrapped in plastic;
C) Measures are taken to prevent damage to plastic wrapping.from boat use, Such
measures may include installation of rub strips or bumpers;
D) The plastic wrapping is sealed at alljoints to prevent leakage; and
E) The plastic material is expected to maintain its integrity for at least ten years,
and plastic wrappings that develop holes or leaks must be repaired or replaced
in a timely manner by the Permittee.
4. No other modifications or work shall occur to tbe structure permitted herein.
5. A pre-cornstaiction survey of the project area for Caulerpa taxiplia (Caulerpa)shall be
conductedin accordance w wit -it the Caulerpa Control Protocol (see
httv://',qwT.ucsd.edu/hcd/ccr)vl.ht not earlier than 90 calendar days prior to planned
construction and not later than 30 calendar days prior to construction. The results of
that survey shall be furnished to the Corps, NOAA Fisheries, and the California
Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of
work in navigable waters. In the event that Caulerpa is detected within the project area,
the Permittee shall not commence work until such time as the infestation has been
isolated, trealeti, and the risk of spread is eliminated as confirmed in writing by the
Corps, in consultation with NOAA Fisheries and CDFG.
6� The Permittee shall discharge only clean construction materials suit able for use in the
oceanic environment. Ilie Pern-duee shall ensure no debris, soil, silt, sand, sawdust,
rUbbish, cement or concrete washings thereof, oil or petroleum products, from
construction shall be allowed to enter into or placed where it may be washed by rainfall
or runoff into waters of the. Urtited States. Upon completion of the project autlimized
herein, any and all excess material or debris shall be completely removed from the
work area and disposed of man appropriate upland site.
The Perrnitteesball notify the Corps of the date of commencement of operations not less
than 14 calendar days prior to commencing work, and shall notify the ClDrps of the date
of completion of operations at least five calendar days prior to such completion.
8. The Permittee shall notify the Commander, Eleventh Coast Guard District, and the
Coast Guard Marine Safety Office / Group LA -LB, not less than 14 calendar days prioT
to commencing work and as project information changes, The notification, either by
letter, fax, or e-mail, shall include as a minimum the following info,-matiorc
A) Project description including the type of operation ('Le, dredging, diving,
construction, etc).
B) Location of operation, including Latitude / Longitude (NAD 83).
C) Work start and completion dates and the expected duration of operations.
D) Vessels involved in the operation (name, size and type).
E) VHIF-FM radio frequencies monitored by vessels on scene.
F) Point of contact and 24 hour phone number.
G) Potential hazzards to navigation.
H) Chart number for the area of operation.
-3 -
Ad dresses :
Commander, Ilth Coast Guard. District (oan)
Coast Guard Island, Building 50-3
Alameda, CA 94501-5100
ATTN: Local Notice to Mariners
TEL: (510) 437-2986
FAX: (510) 437-3423
FAX: (310) 732-2029
U.S. Coast Guard
Marine Safety Office / Group LA -LB
1001 South Sea.side Ave., Bldg 20
San Pedro, CA 90731
Attn: Watenvays Management
TEL: (310) 732-2020
9. ThePermittee and its contractor(s) shall not remove, relocate, obstruct, willfully
damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R.
chapter L subehapter C, part 66. The Pennittee shall ensure its contractor -notifies the
Eleventh Coast Guard District in writing, with a copy to the Corps, not less than 30
calendar days in advance of operating any equipment adjacent to any aids to navigation
v,rl-dch requires relocation or removal, Should any federal aids to navigation be affected
by this project, the PerrnitteL shall submit a request ', in writing, to the Corps as well as
the U.S ' Coast Guard, Aids to Navigation office, The Permittee and its contractor are
prohibited from relocating or removing any aids to navigation until authorized to do so
by the Corps and the U.S. Coast Guard.
10. Should the Perinittee determine the work requires the placement and use of private
aids to navigation in navigable waters of the U.S., the Permittee shall submit,) request
in writing to the Corps as well as the U.S. Coast Guard, Aids to Navigation office. The
Permittee is prohibited froin establishing private aids to navigation in navigable waters
of the U.S. until authorized to do so by the Corps and the U.S. Coast Guard,
11. Upon notification to the U�5. Coast Guard as specified in Special Condition 8, the
Periniffee shall forward a copy of the notification to the Coast Guard Captain of the Port
(COTP). The COTP may modify the deployment of marine construction equipment or
mooring systems to safeguard navigation during project construction. The Permittee
hall direct questions concerning lighting, equipment placement and mooring to the
appropriate COTP,
11 Within 30 calendar days of completion of the project authorized by this permit, the
Perinittee shall cond uct a. post -project survey indicating changes to structures and other
features in navigable waters. The Permittet shall forward a copy of the survey to the
Corps and to the National Oceanic and Atmospheric Service for chart updating: Gerald
F Wlieatou, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center
Monterey Bay, Roorn 5082, Seaside, CA 93955-6711.
13. The permittee understands and agrees that, if future operations by the United States
require the structure or work herein authorized, or if, in the opinion of the Secretary of
the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittef.,
-4 -
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to tile United
States. No clairn shall be made against the United States on account of any such
removal or alteration.
This letter of verification is valid through October 19, 2009, All nationwide permits
expire on March 18, 2012. It is micumbent upon you to remain informed of changes to the
nationwide permits. If tlie Corps of Engineers modifies, reissues, or revokes any nationwide
permit at an earlier date, we will issue a public -notice announcing the changes.
Z)
A nationwide permit does not gra"t any Property riots or exclusive privileges. Also, it
does not authorize any injury to the property crr rights of others or authorize interference with
any existingor proposed -Federal project. Furthermore, it does not obviate the need to obtain
other federal, state, or local authorizations requ.ired by law.
Th-,mk you for participating in our regulatory program. If you have any questions,
please contact Jason P. Lambert at (213) 452-3361.
Please be advised that you can now comment on your experience with Regulatory
Divisiort by accessing the Corps web -based customer survey form at:
L,_11p:1/p_QtLnwp usage.army milLsurvey htnil.
sincerely,
pe Chung
Senior Project Manager
,South Coast Branch
R
.-Kegulatory Division
,Enclosure
Z -
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: 200700649-JPL
Name of Permittee: Mike Shapiro, Wet Paws, LLC
Date of Issuance: October 19, 2007
Upon cornpletion of the activity authorized by this permit and any mitigation required
by the permit, sign this certification and return it to the following address:
U.S Army Corps of Engineers
Regulatory Division
ATTN: CESPL-CO-R-2007-649
P�0. Box 532711
Los Angeles, California. 90053-2325
Please note that your permitted activity is subjectto a compliance inspection by an
.Army Carps of Engineers representative, If you fail to comply with this nationwide permit you
may be subject to permit suspension, modification, or revocation procedures as contained in 33
CFR 3X5 or enforcement procedures such as those contdried in 33 CFR 326A and 326,5,
I hereby certify that the work atithorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and reqtdred
mitigation was completed in accordance with the permit corcdfflou(s)�
Siguatuxe of PermitLee Date
CALIFORNIA COASTAL COMMISSION
Scuth,Coast Aroa Office
200 O�eangate, Suite 1000 Page I of 6
Long Beach. CA 90802-4302 Date: August 27, 2007
(552) 590-5071 Permit No: 5-07-168
COASTAL DEVELOPMENT PERMIT
On August 8, 2007, the California Coastal Commission granted to Wet Paws, LLC
Coastal Development Permit 5-07-168, subject to the attached Standard and Special
Conditions, for development consisting of: Remove and replace an existing
seawall/bulkhead with a new concrete seawall/bulkhead 'along the same
alignment; remove concrete cantilevered beams that protrude from the seawall
that originally supported a Xwooden deck previously removed for safety
considerations and replace with a new 3' concrete cantilevered deck. More
specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at 2136 E Balboa BI,
Newport Beach.
Issued on behalf of the California Coastal Commission on August 17, 2007
PETER DOUGLAS By:
Executive Director Title' Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit. . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
2-cl GTESailsGi�G OU I J a �J e W I I a q S dLP:60 �o G2 das
COASTAL DEVELOPMENT PERMIT
No. 5-07-168
Page 2 of 6
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office,
2. Expiration. If development has not commenced, the permit will expire two years
from the date 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.
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:
Construction Responsibilities and Debris Removal
A. 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.
B. Any and all construction material will be removed from the site within 10 days of
completion of construction.
C. Machinery or construction materials not essential for project improvements will
not be allowed at any time in the intertidal zone,
D. If turbid conditions are generated during construction a silt curtain will be utilized
to control turbidity.
E. 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.
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2.
3.
rp
COASTAL DEVELOPMENT PERMIT
No. 5-07-168
Page 3 of 6
F. Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
G. 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. Debris shall be
disposed of outside the coastal zone, as proposed by the applicant.
H. Erosion control/sedimentation Best Management Practices (BMP's) shall be
used to control sedimentation impacts to coastal waters during construction.
BMPs shall include, but are not limited to: placement of sand bags around
drainage inlets to prevent runoff/sediment transport into the storm drain system
and a pre -construction meeting to review procedural and BMP guidelines;
Cement Slurry Best Management Plan
The applicant shall comply with the Cement Slurry Best Management Plan
submitted on July 3, 2007 that effectively assures no cement slurry or other
construction byproduct will be allowed onto the sandy beach and/or allowed to
enter into coastal waters. Any proposed changes to the approved plan shall be
reported to the Executive Director. No changes to the approved plan shall occur
without a Commission amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
Revised Final Plans
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit final project plans to the Executive Director for review
and approval. The plan shall substantially conform to the preliminary plans,
except that those plans shall omit the proposed lights on the seaward side of
the proposed bulkhead.
B. The permittee 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 Director determines that no amendment is legally required.
California Department of Fish and Game Approval
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, applicant shall
provide to the Executive Director a copy of a permit issued by California Department of
Fish and Game, or letter of permission, or evidence that no permit or permission is
required. The applicant shall inform the Executive Director of any changes to the
project required by the California Department of Fish and Game. Such changes shall
not be incorporated into the project until the applicant obtains a Commission
-� - C1 STESB�IsGi'G OU I J a �1 e W I I a q S dLz�:Co Lo 22 das
COASTAL DEVELOPMENT PERMIT
No. 5-07-168
Page 4 of 6
amendment to this coastal development permit, unless the Executive Director
determines that no amendment is legally required.
5. Eellgrass Surveys
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" (SCEMP) 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" (SCEMP) Revision 8
(except as modified by this special condition) adopted by the National
Marine Fisheries Service and shall be prepared in consultation with the
California Department of Fish and Game.'The applicant shall submit the
post -construction eelgrass survey for the review and approval of the
Executive Director within thirty (30) -days after completion of the survey. If
any eelgrass has been impacted, the applicant shall replace the impacted
eelgrass at a minimum 1.21 ratio on-site, or at another location, in
accordance with the Southern California Eelgrass Mitigation Policy. All
impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21
(mitigation: impact). The exceptions to the required 11211 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.
q -d G I CsBilssi?B OU I i a )i e w I I a q s dLz� :60 Lo sz, das
COASTAL DEVELOPMENT PERMIT
No. 5-07-168
Page 5 of 6
6. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal
development permit (the "project'), the applicant shall undertake a survey
of the project area and a buffer area at least 10 meters beyond the project
area to determine the presence of the invasive alga Cauleroa tax1folia.
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), or their successors.
D. If Caulerpa taxifolia is found within the project or buffer areas, the
applicant shall not proceed with the project until 1 ) the applicant provide
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 have
revised the project to avoid any contact with C. tax1folia. 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.
G:�PERMITS\2007 permits\5-07-168 wet paws permit,doc
-d 9T6S8i79Gi?G OU I i a �1 e w I I a q s JL2:6D LO Ga daS
11mak
E he,41 - I .erinc..
May 9, 2007
Regional Water Quality Control Board
3737 Main Street, Suite 500
Rivemide, CA 92501-3348
Attn: Adam Fischer
Re: General Certification for replacement of sheet piles and dock piles subject to
Nationwide Permit 3 and/or Section 10 of 'the Rivers and Harbors Act.
Dear Mr. Fischer,
This notification is submitted pursuant to the General Certification dated
September 29, 2005 for the replacement of sheet piles and dock piles and that
the applicant does agree to abide by all of the conditions contained within.
The applicant is:
Wet Paw, LLC
2136 E Balboa Blvd.
Newport Beach, CA 92661
(949) 675-3053
The agent for the applicant is:
Shellmaker Inc.
Lisa E. Miller, President
2035 F PiacentiaPivenUe
Costa Mesa, CA 92627f
(949) 648-5359
We have applied for a Nationvifide Permit Number 3 from the Army Corps of
Engineers. No application number has, been assigned yet but I have inxiuded a
:copy of the application for your, I iles,
I have also included a copy of the City of Newport Beach Approval in Concept as
weli as a copy of the Caulerpa Taxifolia Survey,
Finally, I have enclosed the $60.00 fee- If we don't hear from your office within
30 days or the postmarked date of this "Notification", we will assurne that tile
project meets the conditions of the certification and that we may proceed.
Sincerely,
Lisa E. Miller
President
2153�36F Atle�, COZ'm AA -ase, :,;A C-;2�327 Fhone (C-49) Fax �9491) S -48-5a.;5
r F .
;�anara! 55-WJ4!V,1zr!n-e 1;onoknaoU?� and VrC-dUFnL--.
91 00misliate items 1, 2, and 3. Also c*mplete, A. signature
Item 4 If Restricted Delivery is deqlred� M Agent
* Print yourname and adrijic4s art th�, reverse IV/
so that we can return the card to you. 13 Addroi
* Attach this card to the back al the malipjarta, R. Red ved b (Printed Nains) 0. Date, of Delii
or on the front if space permits.
Is dellvaPyaddress ciffferwrittram Rem I? OWs
1. Ardole Addressed to.
If YES� enter deliveryaddreis batm: L1 No
-3-7 -7 (Y)Pig 99-r*Fer, -':4'VwE9)0
V,
el-adtfied Mall 0. Expmw,rviali
fraosteivri Retuni Receipt for Merchands's
Instmi iviati C.Q�n.
4� Restricted Deflyenn (F�rm pq) 0 yes
?OQL 2?60 0001 2660 9943
PS Farm 32811, February 2004 Domestic Return Receipt
CITY OF NEWPORT BEACH MIN )/2" THICK FULLY TEMPERED
GLASS PANELS SET IN
FINISH SURFACE "POUR -ROC" IN THE CONT SLOI
TL �_EV = i�7999 _T��5� BASEMENT WALL &
CANT CONC DECK OF Jill WATER PROOFING, WHER�
f". OCCURS. BY OTHERS,
W/VARIABLE
THICKNESS DEFERRED SUBMITTAL
'W7A' EPDXY COATED DYWIDAG
tu> 8" THICK
TIE- ROD PER PLAN
CONC WALL
J1. SOLDIER PILES PER PLAt
CONC COPING
DREDGE LINE U
. "01 STRUCT MAT SLAB,
BY OTHERS,
PRECAST
DEFERRED
CONC PANEL SUBMITTAL
CONC CAISSONS
PER PLAN
VICINITY MAP
NEWPORT BEACH, CALIFORNIA
SIDE PROPERTY
LINE -
CHEMICAL GROUT
FOR SOILS
STABLIZADON
ALONG THE
PROPERTY LINE�
LOCATE THIS
CORNER OF THE
(N) CANT CONC
DECK TO CLEAR
THE (E) WOOD
DECK & TO
PROVIDE MIN
5'-0" SETEACK
FROM THE SIDE
PROPERTY LINE -
(E) WOOD
6 7.5' (VERIFY)
TYPICAL BULKHEAD SECTION N
AND
NOR�
FUTURE BASEMENT WALL OF
THE PROPOSED STRUCTURE
(DEFERRED SUBMITTAL)
Typ_
A'; (E) CONIC OUSSET>11
COUNTERFORT & CON -11 I
CONC BM TO BE
REM19YED TYP
(N) CONT BULKHEAD
PANEL TYP
(N) CONT CONIC
COPING BELOW
(N) CANT CONC DECK
6'-8"± (VERIFY)
�ECTED IN FEET
TIONS BASED ON
SIDE PROPERTY LINE
(N) WI 2 N: 58 SOLDIER
IN 24"0 CONIC CAISSONcF(!.')
(N) MIN 1Y�"O
THREADED TIE -ROD AT
EA SOLDIER PILE TYP
CHEMICAL GROUT FOR
SOILS STABILIZATION
ALONG THE PROPERTY
UNE
(E) BULKHEAD AT
THE NEIGHBORING
PROPERTY TO REMAIN
& BE PROTECTED TYP
LOCATE THIS CORNER
OF THE (N) CANT
CONC DECK TO
PROVIDE IMIN 5' _ 0"
SETBACK FROM THE
. 1. /— WATERFRONT SIDE PROPERTY LINE
N454012 E RAD� PROPERTY LINE
L-71 77'
&"Si 40'
PROJECT DESCRIPTION :
PROPOSED NEW SEAWALL TO REPLACE EXISTING
SEAWALL LIKE FOR LIKE. RECONECT EXISTING
PIER TO NEW SEAWALL. NEW SEAWALL TO
CONTAIN 3'-0" CANTILEVERED CONCRETE DECK
AS SHOWN PER PLAN.
�PLICANTS NAME : Mr. MICHAEL SHAPIRO
JOB ADDRESS :2136 EAST BALBOA BLVD.
NEWPORT BEACH, CA 92661
(,N �11111E RAD
u
6�!
UO
F -M
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ou
zw
,U)
PLAN VIEW N.T.S.
37 & V2 OF 38
CONTRACTOR :SHELLMAKER, INC.1 DATE :
2035 F PLACENTIA AVENUE 04/16/07
COSTA MESA, CA 9262-, 1
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
PLEASE PRINT OR TYPE ow
1. PROJECT ADDRESS (NOT MAILING AD RESS)
F -AST' -2PL60,Q
M 16)qlqEL-
FLOOR
SUITE NO.
LEGAL DESCRIPTION
LOT BLOCK
TRACT
CITY STATE ZIP
No. UNITS
�JE-Wf)D QT- 7 BF- O -A
1?4q
F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
2. DESCRIPTION OF WORK REamoqe
)ql-OAJI� 19L-14AIrl)EA-LE
qiJD RE:01-Ae-g:
—
9g:pWRL-L-
7EL)ILI) e)9/.tr)Lf�:qER
USE
# OF STORIES
VALUATION $ Q
SQ FT
(NEW/ADDED/EXTG)
WIT74 -S' -qEl9J9c-KL EROM 2qDe5�RT\LLIA-�67
STATE LIC. NO.
LJIL�Ljpjy) :gjrnjD60M I!- I In a-,-, 0 LX
-G .3 E0 -
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
NEW ADD M ALTER
DEMO
Check Appropriate Box for Applicant
3. OWNER'S NAME LTS-T FlI
M 16)qlqEL-
OWNER'S ADDRESS
OWNER'S E-MAIL ADDRESS
,913& �BPL80r') &-V-D
CITY STATE ZIP
PHONE NO.
�JE-Wf)D QT- 7 BF- O -A
1?4q
F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
ARCH ITECT/DESI G N ER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
LJIL�Ljpjy) :gjrnjD60M I!- I In a-,-, 0 LX
-G .3 E0 -
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
is-/ 4oLmLj"- -Dafq�� 0�-14D
MZI I L,):5a-*:5 e - LLso- . com
CITY STATE ZIP
PHONE NO.
CD-,;-rp fr) E7ep q.24�,�l
'714 434-917,;7c�-
6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
HELL M P
erc000 917041
No.!S-6/434 ClasMg
CTOR'S ADDRESS
CONTRACTOR'S E-MAIL ADDRESS
,9-ros--F:� P�eljL)E:
'E�l
CITY STATE ZIP
0-os-Ff-� MF-esA C�R
PHONE NO.
6-4�?-95s-q
OFFICE,, EONLY
PERMIT NO.
TYPE OF CONSTRUCTION PLAN CHECK NO,
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
Formsuagapplicalion b/ZfJU4
ACV,- ntn(-9.rT�l 11-74PI.
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 and replace seawall
along existing alignment. Build cantilever w/5'setbacks from property line.
Address number must be stenciled on at least I bayward facing pile.
Ver conditions must be signed by applicant prior to final approval.
1Property Address: 2136 E. Balboa Blvd., Newport Beach, CA 92661
lHarbor Permit Number: 108-2136 1
Man Check Number: 0671-2007
jApplicant: Michael Shapiro I
Applicant's Mailing Address: 2136 E. Balboa Blvd.
Newport Beach, CA 92661
Phone Number: (949) 675-3053
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 i
They comply with the current adopted Newport Beach General Plan, Zoning
rdinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted hereunder, this development:
'-s/Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Lisa Walters, Harbor Resources e��; hr;'� Kille/
111,2007 S/2-/07
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
'elgrass Survey Reporting Form
(Version 1.0, June 20,2003)
TN's forin is required to be submitted for any surveys conducted for the eeigrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying eelgrass while ensuring that the required information is
consistently documented. Surveys required to be conducted for this species are subject to
modification through publication of revisions to the eelgrass survey policy. It is incumbent upon
the authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries
Service, (562) 980-4043, or William Pazriolm, California Depart ment of Fish &.Garue�, (858)
467-4218).
ite Name:
2136 East BalZa =Ivd.
on referen M)
arvey Contact,
e, phone, e�mail)
Mark Sites 9 -1071
675
rmit Reference:
�-.J(24
COE PermftNo, RWQCB
er or Cert- No-)
RGP #54
rographic System:
estuary, lagoon, or
bor)
Lower Newport Harbo
;e7cific Location:
UTK Lat/Long, datum,
N 33 35.958'
uracy level, attach
W 117 52.998'
electronic survey area map if
possible)
Was Eelgrass Detected:
XXXX Yes, Eelgrass ;Zs'found at this site (see notes)
Eelgrass was n—ot found at this site.
Description of
Permitted Work:
Replace existing seawall with now. Work will be performed
(describe briefly the work to
from the land side of the seawall.
be conducted at the site under
the permits identified above)
Dmriptionof Site:
Depth range:
(describe the physical and
-0.7'to +1.5'MLLW
biological conditions within
the survey am at the time of
the survey and provide insighl
into variability, if known.
Please provide units for all
numerical information).
Substrate
2=.
Sand
Temperature:
68 F
Salinity..
NA
inant
Ora.,
Small patches of eelgrass at 32' from proposed work.
More extensive patches and beds farther bayward.
inant
a:
Mussels
Exotic
species
encountera-
None
Other site
description
1: :
None
2
Oescription of Survey
Tur—Vey date
Effort:
and time
March 15, 2007 1345-1405
(please describe the surveys
period.
March 16,2007 1430-1440
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
Work, and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey effortu.
Horizontal
visibility in
NA
water.,
Survey type
and methods:
Entire AOE was exposed and viewed at low tide (see
attached photo).
Survey
personnel,
Mark Sites
Survey
density:
Approx. 100%
survey
one
limitations:
Dther Information -
,use this space to provide any
-OX MLLW tide
idditional information or
-eferences to ansched
naterials such as maps,
I
Drawing, photo, and aerial attached
vports� etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/17/03)
3
CITY OF NEWPORT BEACH
VICINITY MAP N T S
NEWPORT BEACH, CAUF-ORNIA
CONC DECK
8" THICK
CONC WALL -
CONIC COPING
DREDGE LINE
.5 SET IN
IN THE CONT
AENT WALL &
COATED DYWIOAGI
)D PER PLAN
PILE, BY
DEFERRED I
PRECAS STRUCT MAT SLAB,
BY OTHERS,
CONC P�INEL
DEFERRED
SUBMITTAL
GONC CAISSON, BY
OTHERS, DEFERRED
VISVIVITTAL
TYPICAL BULKHEAD SECTION N.T.S.
ON
I SDE PROPERTY
LINE
�—MTUAF PASWENT WALL OF SIDE PROPERTY LINE
ll�Z PPOPOSED SMCRRE
(OVERRm s.IsmITrAL) Typ-�,
E) CoNc GUSSET/ (N) SOLDIER PI -E IN
COUNTERFORT & CONT.' CONC CAISSON, BY
CHEMICAL OPOUT CONC BM To Be OTHERS, TYP
FOR SOILS REYOVED T�P
%N) MIN III
VASILIZATION READIED PE -ROD AT
ALONG THE
EA SOLDIER PILE T
FROKRTY LINE YP
CHEMICAL GROUT POR
SOILS STABILIZATION
E THE
7 ALONG Tt-.E PROPERTY
LOCATE
r
CORNER OF THE UWE
(N) CANT CONC r r
DECK TO CLEAR
THE (F) WOOD
DECK & TO
PPO�IDE MIN (111) CONT BULKHEAD (E) BULKHEAD AT
PANEL TYP THE NEIGHBORING
S�-O' SETBACK CONT CONC PROPERTY TO REMAIN
rROM THE SIDE COPING BELOW & BE PROTECTED TYP
PROPERTY UNE 1 (14) CANT CONC DECK
ii -L LOCATE THE CORNER
(E) WOOD DECK $7.5- (VERIFY) Of �HE (N) CANT
CONC DECK TO
PROVIDE MIN W-oll
JOB ADDRESS :2136 EAST BALBOA BLVD,
NEWPORT BEACH. CA 92661
--WATERFRONT
PROPERTY LINE SIDE PROPERTY LINE
41 r
L
41 7' 'En
PLAN VIEW N.T.s.
;ONTRACTOR -,SHELLMAKER. INCq DATE ;
2035 F PLACENTIA PrENUE 10-3/1,3/07
COSTA MESA, CA 9262-.
0
.40
1 -.5
'D
Im
fil
Mit
0
.40
1 -.5
'D
0
This form is required to be submitted for any surveys conducted for the invasive exotic alga
Cauterpa taxifolia that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of
reporting while ensuring that the required information necessary to identify and control any
potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be
conducted for this species are subject to modification through publication of revisions to the
Caiderpa survey policy. It is incumbent upon the authorized pemittee to ensure that survey
work is following the latest protocols. For farther information. on these protocols, please contact:
Robert Hoffman, National Marine Fisheries Service (KOAA Fisheries), (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date: -
March 18, 2007
Name of bay, estuary,
lagoon, or harbor:
Newport Harbor
Specific Location Name:
(address or common
reference)
2136 East Balboa Blvd.
Site Coordinates:
(UTK Lat./Long., datum,
N 33 35.958'
accuracy loveL and an
W 117 52,998'
electronic survey area map
or hard copy of the map
mu t be included)
SurveyContact:
(narne, Phone, t -mail)
MarkSites,. (94?)675-107,1 marklsitesayahoo.com
Personnel Conducting
Survey (if other than
above): (name, phone,
e-inw)
same
Permit Reference:
(ACOE Pem-dt No.,
RWQCB Order or Cert. No.)
pending
Is this the first or second
survey. for this projed?
first
Was Caukrpa
—Yes, Caulerpa was found at this site and
Detected?: (if Caulerpa is
found, please immediately
has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
above)
X_XXX No, Caulerpa was not found at this site.
Description of Permitted
Work, (describe briefly the
Bulkhead replacernent. Work to be conducted from shore.
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
-0.7' to +1.5' MLLW
Substrate type.
Sand
(describe the physical and
biological conditions within the
survey am at the time of the
survey and provide insight into
variability, if known. Please
Temperature.
58F
Salinity:
NA
Dominantflora.-
provide units for all numerical
Eelgrass beds and patches 32' bayward of
information).
the proiect AOE
Doininantfauna.,
Mussels on dock floats, pile, and seawall
Exotic species
encountered
(including any
other Caulema
None
species):
Other site
description notes:
None
Survey date and
Description of Survey
time period:
March 15, 2007 (1345-1405), and March
Effort:
16,2007 (1430-1440)
Horizontal
(please describe the surveys
conducted including type of
vJsIbIW in water:
NA
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work� and survey density
Survey type and
methody:
Entire A0E was exposed and viewed at low
tide,
(estimated percentage of the
bottom actually viewed).
Describe any limitations
Surveypersonnel.
encountered during the
Mark Sites
survey efforts.
Survey density
100%
Survey limitations:
None
Other Information. (use
this space to provide
-0.7' NILLW tide
additional information or
references to attached maps,
Drawing and aerial attached
reports, etc.) ....
I I
Caulerpa Survey Reporting Form (version 1.2, 10131104)
CITY OF NEWPORT BEACH
VICINITY MAP
NEWPORT BEACH, CALIFORNIA
N. T. S.
ELM SURFACE
CANT CONC DECK
W/VARIASL 3'
THICKNESS
8" THICK
CONC WALL
CONC COPING
DREDGE LINE
�lNh- TJH71CK FULLY TFMF
GLASS PANELS SET IN
"POUR -ROC" IN THE CON7
FAIE"ENT WALL &
NATER PROOFING,
CCURS, BY OTHEF
DEFVRED SUBIJJTT
—EPDXY COATED DY
TIE- ROD PER PLA
OLDIER PILE, SY
---losTHERS. DEFERRED
SUBUITTAL
PRECAS STRUCT MAT SLAB,
BY OTHER$,
CONC P�NEL DEFERRED
SUBMITTAL
CONC CAISSON, BY
OTHERS, DEFERRED
SUBMITTAL
TYPICAL BULKHEAD SECTION N,T.s.
ON
SIDE PROPERTY
LINE SIDE PROPERTY LINE
�FUTURE SASEMENT WALL OF
TME PRiDPOSED EMCME
oxm SJBWrrAL) TIP
f (N) SOLDIER PI -E IN
CONC GUSSET
ONG GUS
�47ERFORT & T2 iI,,/'CONC CAISSON. BY
CHENUCA GROUT NC am TO BE OTHERS, TYP
F Sol L R
OR 0 TYP ZN) MIN IJV4"0
LS
ATION READED PE -ROD AT
EA SOLMER PILE �YP
ALONG 11YELINE
PROPERT _X, CHEMICAL GROUT FOR
SOILS STASIL17jkTION
LOCATE THE ALONG ll -,E PROPERTY
CORNER OF THE LINE
(N) CANT CONO
DECK TO CLEAR
THE (f) WOOD
iDECK & TO (N) CON7 BULKH A 1\�—(E) BULKHEAD AT
PROVIDE MIN PANEL TYP THE NEIGHBORING
S'-O� SETBACK (N) CONT CONC PROPERTY '0 REMAIN
FROM THE SIDE & BE PROTECTED TYP
PROPERTY LINE COPING BELOW
(14) CANT CONC DECK LOCATE THE CORNER
(E) WOOD DECK 6ZV (VERIFY) OF THE (N) CANT
CONC DECK TO
PROVIDE MIN V-0"
WATERFRONT SETBACK FROM ';HE
N4W48' 2'E AD PROPERTY LINE SIDE PROPERTY LINE
0
V
ADDRESS - 2136 EAST BALBOA BLVD.
NEWPORT BEACH, CA 92661
PLAN VIEW N.Ts.
MNTRACTOR :SHELLMAKER, INC,l DATE .
2035 F PLACENTIA AVENUE 103/13/07
COSTA MESA, CA 9262,
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STATE Or CALIFORNIA - THE.RESQURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
South Coast Area Oflic�
200 Oceangate; Suite 1000
Long Beach, CA 90802-4302
(56z� 521I�5071
Page I of 6
Date: August 27, 2007
Permit No: 5-07-168
On August 8, 2007, the California Coastal Commission granted to Wet Paws, LLC
Coastal Development Permit 5-07-168, subject to the attached Standard and Special
Conditions, for development consisting of: Remove and replace an existing
seawall/bulkhead with a now concrete seawallibuikhead along the same
alignment; remove concrete cantilevered beams that protrude from the seawall
that originally supported a 3'wooden dock previously removed for safety
considerations and replace with a new Xconcrete cantilevered dock. More
specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at 2136 E Balboa BI,
Newport Beach.
Issued on behalf of the California Coastal Commission on August 17, 2007
PETER DOUGLAS
Executive Director
By:
Title.. Coastal Program Analyst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and Conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part� that' 'A public entity is not liable for injury caused by the issuance ... of any
pen -nit. . " applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
�- -D . . � C t��
Date Signature of Permlittea
Please sign and return one copy of this form to the Commission office at the above
address. we -T pa"i S L (-C-
COASTAL DEVELOPMENT PERMIT
Page 2 of 6
Motice 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. tf development has not 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 10 the expiration
date.
R Any questions of intent or interpretation ol any C-Onclitioi 1 will be
resolved by the Executive Director or the Commission.
4, Assi The perrnitmay be� assigned to any qualified person, provided
'th thet"ornmission an affi-la-14 accepting all terms and
assione- Vies w., M
conditions of the permit.
5. Terms and Conditions Run wiLngle Land. These terms and conditions snali
be perpetual, and it is the intention of the Commission and the pormittee, to bind
all future ownets and oossessors of the subject property to the tot Ms and
conditions.
SPECIAL CONDITIONS:
Construction Responsibilities and Debris Removal
A. 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.
B, Any and all construction material will be removed from the site within 10 days of
completion of construction,
C. Machinery cir construction niaterials not essential for project improvements will
riot be allowed at any time in the interfidal 7 -one.
D. if turbid conditions are generated during consbruction a silt curtain will be ut-ilized
to control turbidity.
E, Floating booms will be used to contain debris discharged into coastal waters arid
an- debeis discharged will be removed as soon as possiblo but no later than the
, J
end of each day.
WAIITWI W7'�-`ELOPRAENr
No. 5-07A168
Page 3 of 6
F, Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as nossible after loss.
G. 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. Debris shall be
disposed of outside the coastal zone, as proposed by the applicant.
H. Erosion controllsedimentition Best Management Practices (BMP's) shall be
used to control sedimentation Impacts to coastal waters during construction.
BMPs shall include, but are not limited to: placement of sand bags around
drainage inlets to preveM runoff/sediment transport into the storm drain systern
and a pre-consiruction meeting to review procedural and BMP guidelines;
q!im- -e-itt—s _Iu La ra
The applicant shall comply with the Cement Slurry Best Management Plan
submitted on July 3, 2007 that effectively assures no cement slurry or other
construction byproduct will be allowed onto the sandy beach and/or allowed to
enter into coastal waters. Any proposed changes to the approved plan shall be
reported to the Executive Director. No changes to the approved plan shall occur
without a Commission amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
31 Revised Finalflans
A, PRIOR TO ISSIWANCE OF THE COAST AL DEVELOPMENT PERIM T, the
applicant shall submit final project plans to the Executive Director for ieview
and approval. The plan shall substantially conform to the preliminary plans,
except that those plans shall omit the proposed lights on the seaward side of
'the proposed bullkhead.
B� The permittee shall undertake development in accordance with the approved
final plan, Any proposed -changes to ti -ie approved final plan shall be reported
to the Executive Director. No changes to the approved final plan shall occur
wilhout a Conrimission amendment to tnis coastal development permitunles-s
the Executive Director determines that no amendment is legally required.
4. California DeAartLTL1;-Fj offt
1__
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, applicant shall
provide to the Executive Director a copy of a permit issued by California Department of
Fish and Game, or letter oi permission, or evidence that no permit or permission is
required. The applicant shall inform the Executive Director of any changes to the
project required by the California Department of Fish and Game. Such changes shall
not be incorporated into the project until the applicant obtains a Commission
COASTAL DEVELOPMENT PERMIT
No. 5-07468
Page 4 sit 6
amendment to this coastal development permit, unless the Executive Director
determines that no amendment is legally required.
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 Cakfornia
Eelgrass Mitigation Policy" (SCEMP) Revision 8 (except as modified by
this special condition) adopted by the National Marine Fisheries Service
and shall be prepared in consultation with the Caffornia 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 parrnit from the Coastal Commission or a new
coastal development permit.
B. Post Construction Ealgrass Survey, If any eelgrass isidentified 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 corn-pliance with the
"Southern California Eeigrass Mitigation Policy" (SCEMP) Revision 8
(except as modified by this special condition) adopted by the National
Marine Fisheries Service and shall be prepared in consultation with the
California Department of Fish and Game. The applicant shall submit the
post -construction eelgrass survey for the review and approval of the
Executive Director Within thirty (30) -days after completion of the survey. If
any eelgrass has been impacted, the applicant shall replace the impacted
eefgrass a -k a minimurn 1.2:1 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 mininium ratio of 1.211
(mitigation: impact). The exceptions to the required 1.21 mitigation ratio
found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit
unless the Executive Director determines that no amendment or new
permit is required.
COASTAL D-EVED OPMENT PERMIT
No. 5-07-168
Page 'a' of G
G � Pre -construction caulp�roa f6xifofia ma �rve
A.. Not earlier than 90 days nor later than 30 days prior to cornmencement or
re -commencement of any development authorized under this coastal
developme, it pefmit (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 Cauterpa 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 Garne,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant
shall submit the survey:
(1) torthe 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
& Gam &(858/467-42-18) or Robert Hoffman, National Marine.F.sherles
Service (5621980-4043), or their successors.
-D. If Cauterpa taxificlia is found within the project or buffer areas., the
applicant shall not proceed with the project until 1) the applicant provide
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 have
revised the project to avoid any contact with C. taxifafia. No revisions to
the *projectL shall occur without a Coastal Commission approved
amendment to this coastal development permit unless the Executive
Director determines that no amendment is legally required.
wet paws permitdoc
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
July 26, 2005
Property Address: 2136 E. Balboa Blvd., Newport Beach, CA 92661
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of
Newport Beach Municipal Code. The pier permittee understands that the above referenced
oier is under the ourview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not reauire a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system
under consideration. Any future modifications or alterations to the dock system may require
new conditions which may override or change these conditions. These conditions supersede
all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. Your side property lines extend in the water along their same bearing. The westernmost
property line extends parallel to the easternmost property line.
6. A vessel may not encroach upon your neighbor's property on either side.
7. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the
float is 5'.
8. A vessel may not extend beyond the end of the fingers by more than the width of its beam.
u re: �, � H
ler, Harbor
uate
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
Mf�Y-26-2.006 12:17 FROM:SWIFTSLIPIDOCK.COM (9q9) 631-3122 TO:723e589 P.3
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
July 26, 2005
Property Address: 2136 E. Balboa Blvd., Newport Beach, CA 92661
With reference to the plans currently under consideration.to reconfigure or modify the dock
system., the following conditions will now be in effect on the above referenced pier.
1 . The pier permittee is aware of the Harbor Permit Policies and Chapter 11 of the City of
Newport Beach Municipal Code, The pier permittee understands that the above referenced
uler is under the ourview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not reauire a Dermit,
3. The conditions set forth in this document pertain to the current, proposed dock system
under consideration. Any future modifications or alterations to the dock system may require
new conditions which may override or change these conditions. These conditions supersede
all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted,
5. Your side property lines extend in the water along their same bearing. The westernmost
property line extends parallel to the easternmost property line.
6. A vessel may not encroach upon your neighbor's property on either side,
7. The maximum beam of a vessel: that Is permitted to side tie to the easternmost side of the
float is 5'.
8, A vessel may not a ep
. xt O-b��yond the end of the fingers by more than the width of its beam.
0
Joint Pier Applicant Signature (if applicable) Print Name Date
W P()
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 existing float and float
E![�j. Install new float with (4) 16" pile. Install new 3'x 24'gangway per STID 604-L.
Remove and replace (8) 12" pier support pile. Re -deck existing pier like for like.
Address number must be stenciled on at least 1 bayward facing pile.
Pier conditions must be signed by applicant prior to final approval.
jProperty Address: 2136 E. Balboa Blvd., Newport Beach, CA 92661 1
lHarbor Permit Number: 108-2136 17
IPlan Check Number: 1834-2005 1
jApplicant: MIM5ehapiro
Applicant's Mailing Address: 2136 W. Balboa Blvd., Newport BeaFh, CA -92661
Phone Number: (949) 631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
And find
Page 1 of 2
,>—K- They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
conceDt and said aooroval has been written uoon said olans. sianed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
quidelines adopted thereunder, this development:
Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached)
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
reiection in principal bv Newport Beach unless a substantial chancie is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the Pier Permit.
Tom Rossmiller, Manager, Harbor Resources
h" ; <
Chris Miller, Harbor Resources Supervisor
July 26, 2005
iiaing Hermit
Drawing
Pier Conditions
Page 2 of 2
WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION
CITY OF NEWPORT BEACH HARBOR RESOURCES DIV,
PLEASE PRINT OR TYPE (s BUILDING DEPARTMENT c "I OF NEWPORT BEACH
1. PROJECT ADDRESS (NoT MAILING ADDRESS) t-1,41,
a 13 6 6-�, i FLOOR S ITE NO
LEGAL DESCRIPTION 130A U
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LOT BLOCK TRACT I N . UNITS
2. DESCRIPTION OF WORK
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NEW ADD ALTER DEMO
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# OF STORIES
VALUATION $
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(NEW/AD5E-D/EXTG)
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F� 4. ARCHITECT/DESIGNER'S NAME LAST
FIRST
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ARCHITECTIDESIGNER'S ADDRESS
ARCHITECTIDESIGNER'S E-MAIL ADDRESS
CITY
STATE
ZIP
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LAST
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PLAN CHECK FEE $
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Date:
Inspection Requested By:
Inspector:
Pier Address:
Pier Transfer
INSPECTION FORM
Harbor Resources Department
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GFI Present Yes Need
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Present Yes No
Pump Out
Pier Location
Yes No
OperationalL
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
ReInspection
None Needed Yes Need
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STATE OF CALIFOkNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 6
200 Oceangate, Suite 1000
Long Beach. CA 90802-4302 Date: March 13, 2006
(562) 590-5071 Permit No: 5-05-323
COASTAL DEVELOPMENT PERMIT
On March 7, 2006, the California Coastal Commission granted to Wet Paws, LLC
Coastal Development Permit 5-05-323, subject to the attached Standard and Special
Conditions, for development consisting of:
Remove and replace an existing U-shaped boat dock. New dock
dimensions are proposed to be: a 6' by 70' finger, an 8' by 50' finger, 6' by
20' backwalk, a 3' by 24' gangway, and the replacement of four 16"
concrete piles and eight 12" concrete piles. Redecking of the existing pier
is also proposed. More specifically described in the application file in the
Commission offices.
The development is within the coastal zone in Orange County at 2136 East Balboa
Blvd., City of Newport Beach.
Issued on behalf of the California Coastal Commission on
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By: ow 1'ex—�
Title: Coastal Program 4a yst
�_q
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit . . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 2 of 6
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of -the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
.from the date 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.
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:
Eel -grass Mitigation Plan
The applicants shall conform with the Eeigrass (Zostera Marina) Field Survey, Impact
Assessment, and Conceptual Mitigation Plan for a Dock Renovation Project Located at,
Balboa Island (Newport Beach), CA prepared by Coastal Resources Management
dated October 28, 2005, which includes a five-year monitoring plan. The quantity of
eelgrass mitigation to occur shall be as described in the approved mitigation plan, along
with any additional eelgrass mitigation required pursuant to Special Condition No. 2
below. Any proposed changes to the approved plan shall be reported to the Executive
Director. No changes to the approved plan shall occur without a Commission
amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
STATE OF CALIFOkNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 OGeangate, Suite 1000 Page 1 of 6
Long BeaGh, CA 90802-4302 Date: March 13, 2006
(562) 590-5071 Permit No: 5-05-323
COASTAL DEVELOPMENT PERMIT
On March 7, 2006, the California Coastal Commission granted to Wet Paws, LLC
Coastal Development Permit 5-05-323, subject to the attached Standard and Special
Conditions, for development consisting of:
Remove and replace an existing U-shaped boat dock. New dock
dimensions are proposed to be: a 6' by 70' finger, an 8' by 50'finger, 6' by
20' backwalk, a 3'by 24'gangway, and the replacemen * It of four 16"
concrete piles and eight 12" concrete piles. Redecking of the existing pier
is also proposed. More specifically described in the application file in the
Commission offices.
The development is within the coastal zone in Orange County at 2136 East Balboa
Blvd., City of Newport Beach.
Issued on behalf of the California Coastal
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
Commission on173, 2006,
By: 01
Title: Coastal Program AJIa yst
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms
and conditions thereof,
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any
permit . . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date
Signature of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 2 of 6
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date 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.
4. Assicinment. 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:
Eelcirass Mitigation Plan
The applicants shall conform with the Eelgrass (Zostera Marina) Field Survey, Impact
Assessment, and. Conceptual Mitigation Plan fora Doc� Renovation Project Located at,
Balboa Island (Newport Beach), CA prepared by Coastal Resources Management
dated October 28, 2005, which includes a five-year monitoring plan. The quantity of
eelgrass mitigation to occur shall be as described in the approved mitigation plan, along
with any additional eelgrass mitigation required pursuant to Special Condition No. 2
below. Any proposed changes to the approved plan shall be reported to the Executive
Director. No changes to the approved plan shall occur.without a Commission
amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 3 of 6
2. Pre -and Post -Construction Eelgrass Survey(s)
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 applicants shall submit the eelgmss 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
new survey identifies, within the proposed project area, any eelgrass
which is not documented in the eelgrass survey described in the final
eelgrass mitigation plan approved by the Executive Director pursuant to
Special Condition No. 1, the newly identified eelgrass shall be
transplanted prior to commencement of construction at a 1.21 (mitigato n
to impact) ratio at the same transplantation location(s) identified in the
final eelgrass mitigation plan described in Special Condition No. 1 above.
The transplantation shall occur consistent with all provisions of the
mitigation plan described in Special Condition No. 1.
B. Post Construction Eelgrass Survey. After completion of project
construction, the applicants shall survey the project site to determine the
quantity of eelgrass that was adversely impacted. This post -construction
survey shall be completed within one month following the completion of
construction within coastal waters. 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 applicants 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 in excess of those disclosed
pursuant to Special Condition No. 1 and 2.A., the applicant shall replace
the additionally impacted eelgrass at a 1.2:1 (mitigation to impact) ratio at
the transplantation site(s) and in accordance with the mitigation plan
described in Special Condition No. 1 above. The exceptions to the
required 1.21 mitigation ratio found within SCEMP shall not apply.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 4 of 6
Pre -construction Caulerpa Taxifolia Survey
A. Not earlier than 90 days, nor: later, than 30 days prior tocommencement or
re -commencement of any development authorized under this coastal
development permit (the "project"), the applicants 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 Cauletpa 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 G.ame,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants
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 taxifolia is found within the project or buffer areas, the
applicants shall not proceed with the project until 1 ) the applicants provide
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 applicants have
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.
4. 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.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 5 of 6
(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 interticlal 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 applicants agree that the long-term water -borne
berthing1of boat(s) in the approved dock and/or boat slip will be managed in a'�
mannerffiat protects water quality pursuant to the implementation of the
followinT�BIV!Ps.
(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 manufact urer as phosphate -free and
biodegradable shall be used, and the amounts used minimized.
c. The applicants 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:
All trash, recyclables, and hazardous wastes or potential water
contaminants, including old gasoline or gasoline with water,
absorbent materials, oily rags, lead acid batteries, anti -freeze,
waste diesel, kerosene and mineral spirits will be disposed of in a
proper manner and will not at any time be disposed of in the water
or gutter.
COASTAL DEVELOPMENT PERMIT
No. 5-05-323
Page 6 of 6
(3) Petroleum Control Management Measures:
a. Oil absorbent materials shall be examined at least once a year and
replac ed as necessary. The applicants -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.
mvllm (G Permit 2005) wet paws, 11c
Document2 Printed on March 13, 2006
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MRY-26-2006 12:17 FR0N:SWIFTSLIPD0CK.00M (949) 631-3122 TO:72305e9 P.4
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
HEPLY TO January 12,2006
ATTENTION OF:
Office of the Cl -def
Regulatory Branch
Michael Shapiro
C/o Swift Slip Dock & Pier Builders
Attention: Beth Swift, PermitCoordinator
2027 Placentia Avenue
Costa Mesa, California 92627-3405
Dear Mr. Shapiro:
Reference is made to your request of December 15, 2005 (File No. 200501947-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 replace an existing U-shaped floating dock structme bayward of 2136 E.
Balboa Blvd., in 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 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). In addition, please use the two Attached
postcards to notify this 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 end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal
process is diagrammed in the enclosed Appendix B.
rogram
I
3incerely,
qark Durham
:hief, South Coast Section
Zegulatory Branch
MAY-26-RO06 12:17 FR0M:SWIF-TSLIPD0Cr.CDN (949) 631-3122 TO:7230589 P.2
California Regional Water Quality Control Board
Santa Ana Region
Alan C. Lloyd, Ph.D. 3737 Main Street, Suite 500, Riverside, Califomia 97501-3348 Arnold Scliwarzenegger
Agen�y Secrelary Phone (951) 7824130 - FAX (951) 781-6288 -'IW (951) 782-3221 GDvenior
http://�."tethaards.ca.gov/sontaaiia
August 29,2005
Beth Swift
Swift Slip Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF BOXr DOCK, MICHAEL SHAPIRO, 2136 E. BALBOA
-BLVD., NEWIYO-ATBEA:Cr-f,-ORANGE-COFNTY
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 me at (951) 782-3288.
Sincerely,
J. Shami
Water Resources Control Engmeer
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
County of Orange, County Property Permits Division — Patricia Bigger
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California En virounsental Protection Agency
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