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HomeMy WebLinkAboutM2006-0054Poz?,-- Vt "o �- .,1, 1:. 111�1�1 CITY OF NEWPORT BEACH PO. BOX 1768, NEWPORT BEACH, CA 92659-1768 Vo V, December 2, 1992 Mr. and Mrs. Charles Wheeler 401 Avocado Corona del Mar, CA 92625 Re: Harbor Permit Application 105-2209 Dear Mr. and Mrs. Wheeler: Several weeks ago I wrote to you regarding an application by Lynn Burnett to revise the residential pier and float bayward of 2209 Bayside Drive. That matter has been continued to the City Council meeting of December 14, 1992 for hearing at that time. Attached for your information are two diagrams. Exhibit A is the original revision proposed by Mr. Burnett, and you will note it was approved by Charles Wheeler on 10/10/88. Exhibit B is the currently proposed revision to the docks, also from Mr. Burnett. As you can see, Exhibit B differs from that originally approved by you. We are providing you with this information prior to the City Council meeting so that if you have input in the matter we can receive it prior to the meeting, or you may prefer to attend the meeting and make your concerns known. I am available to you to discuss this at Your convenience. Please call me at 644-3044 if you wish to do so. Sincerely Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach C/ K 0,,- r 4016�4cl-yl —�k 0 P:: IfO C)Rvx�&Ne 9L 0 C'e- VICINITY SkETCH NOWPOOPr aAy, Ai. JaIrrr 6,04/r7olings are &xorerseof in reeff O'gap &F,O/As below lwec� 4ov 4 .11, — I-! OW Wanpn /c, 4,&A YOP�664- mqip� &AY 5/0�5 7 1.2" 6.,VA I IV C, WALL 13U(�IVET--r D SA = TCOAlrr�AWA C raa fOAr'A' w4 p xy —�k 0 P:: IfO C)Rvx�&Ne 9L 0 C'e- VICINITY SkETCH NOWPOOPr aAy, Ai. JaIrrr 6,04/r7olings are &xorerseof in reeff O'gap &F,O/As below lwec� 4ov 4 .11, — I-! OW Wanpn /c, 4,&A YOP�664- mqip� &AY 5/0�5 7 1.2" 6.,VA I IV C, WALL 13U(�IVET--r D SA = TCOAlrr�AWA C raa fOAr'A' &Z -A C1-1 — -.FPOF9 I -F" I'-' IN, 14 lc� I me -A., cl� Ll C" ViCIMITY SKETCq- NW;7pa� 5AY C'44 llroami^ dtf'r S'ou�e'�95 Q'a exp,cssed ', r,,,j ,,y &,p OA 3 belo� A�eo� 4owee 4aw or'! c icb1t'3A&al '25p". I : I .I IT (2 AJ E: -7 7 LLJ.A LL .. el� oH TI rl &Illsov 71zglM Ac7- -434.4, CITY OF NEWPORT BEACH Marine Department December 14, 1992 Agenda No, 25 TO. MAYOR AND CITY COUNCIL FROM: Marine Department SUB,TECT: HARBOR PERMIT APPLICATION 105-2209 BY C.L.BURNETT TO CONSTRUCT A NEW PIER AND FLOAT BAYWARD OF 2209 BAYSIDE DRIVE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of plans and specifications by City Public Works Department 2. Approval of Army Corps of Engineers 3. Approval of California Coastal Commission 4. That no vessel be berthed on the westerly side of the float which shares a common property line between 2137 and 2209' Bayside. pi -sc�-Ulagio —n - This application is before the City Council as required by Section 23.T of the Harbor Permit Policies, which states: 23.T. "U.S. Bulkhead Sta. No. JL4 _to 106. Piers shall be subject to special permits approved by the City Council." This parcel of land has existed as one property with the address of 2209 Bayside Drive. It was recently subdived into 2209 and 2211 Bayside Drive. There is no pier bayward of 2209 and the applicant proposes construction of a pier and float as shown on the attached diagram. The general design of the structure meets the City's Standard Design Criteria; however, it should be reviewed by the City Public Works Department. There is no limitation' in this particular location as far as bayward extension of docks. However, the docks currently in this location have established a somewhat uniform line bayward and the new dock would conform to this established limitation. Tony Melum Deputy Director Cl r K mo- Nzo��oRr &x -4<--H AT ou W�j Ifo p4QUIRM / 06 - C�) C� 0 Y no -A., qI, lell, 0 Ce. VICIMITY SkETCH weir Anrp NswPaRr f5AY, CALWORNIA of Or& exopersed on O�jdjj& below A.?CO,7 01,01d /0 4W.A Harmbi�p mfes 7A;S &AY57 /Z)�F 0-1 7-1 dod< 7' I AAT �Ioo AoDzerss SAV� I CE Or -IVF-' i 1.� 11'. -!�X "POA November 18, 1992 Mr. Tony Mellum CITY OF NEWPORT BEACH MARINE DEPARTMENT P.O. Box 1768 Newport Beach, CA 92658-8915 Via Fax: 673-3056 Phone: 644-3044 RE: PIER & DOCK PERMITS FOR 2209 & 2211 BAYSIDE DRIVE, CORONA DEL MAR. (N. B. Application Numbers 105-2209 105-2211). Dear Tony: As a follow up to today's conversation, I would like to request Application No. 105-2211 be removed from the November 23, 1992 City Council Agenda, and be rescheduled for December 14, 1992. This will enable us to complete the application for a pier and dock at 2209 Bayside Drive and process both applications concurrently. If you have any questions, please call me at (714) 724-5100. Thank you for your help in this matter. Sincerely, C. L. Burnett Enclosures: Drawing of previously proposed pier and dock modifications at 2209 Bayside Drive, approved by Charlie Wheeler. CLB: dch 2209SUPT. PO C 'ITY OF NEWPORT BEACH P.O. BOX t768, NEWPORT BEACH, CA 92659-1768 0 - VL"'? November 13, 1992 Charles and Katherine L. Wheeler 401 Avocado Avenue Corona del Mar, CA 92625 Re: New dock installation at 2209 Bayside Drive by C.L. Burnett Dear Mr and Mrs. Wheeler: On December 14, 1992, the city council will consider an application by C.L. Burnett to build a new dock bayward of 2209 Bayside Drive. A copy of the proposed new dock is provided for your information. Please contact the Marine Department at your earliest convenience if you have concerns about this proposed installation, or if you would like additional information. ""lee 411�17 Tony Melum Deputy Director 714-644-3044 3300 Newport Boulevard, Newport Beach Cl r Y- am- Nrw,=gpr&,r-4CA1 ,?�eQf IP I EIA W1 7W /D,� Iq ,OZ,4 rA�a Cap -1110 At 7- -7 Fax, t coo.. 0 POR -V 2afYEAr- VICINJITY SkETCH �"r jsrry Nffwpo� DAY, CAL [FoRNIA J,r, &OPY'Aa below 'Weo.7 4ow&p d'.ow ri Op ""old are esiobIt'shoo, 3 secyloo O'C'mew 464, 1 .7,7.z 46-e— LYA11V 13UIRIVE �r lz�� 7,CAC7-CIO / 3,4 t) E CoA,-rvA c ro Air r�oa Aopeess 0 SW 1 P715c ) PC),4 7-e /V CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X -ADVANCE PLANNING DI'VISION X PUBLIC WORKS DEPARTMENT X -TRAFFIC ENGINEER —FIRE DEPARTMENT X BUILDING DEPARTMENT —PARKS & RECREATION —POLICE DEPARTMENT &MARINE SAFETY X GRADING APPLICAT10N OF: FOR: REQUEST TO: Dgte: July 31, 1992 _&PLANS ATTACHED (PLEASE RETURN) —PLANS ON FILE IN PLANNING DEPT. Engineering Concepts Resubdivision No. 981 A request to resubdivide an existing lot into two parcels of land for single family residential development on property located in the R -I District. LOCATION: Parcel No. 2, Parcel Map No. 47/32 in the City of Newport Beach, located at 2209 Bayside Drive, between El Pasco Drive and Carnation Avenue, in Corona del Mar. REPORT REQUESTED BY: August 6, 1992 COMMISSION REVIEW: August 20, 1992 Cl ne oa- Nr#,,00vr dc. .+To 0 17 , :, ICIIVITY SkETCH LSAY, CAtironwA en Aff"', O'd, F"Oof& beloW 'I"Opy LOW" LOW W*tf&r- Pon p 0, of Hold omp rox I �O vfo�y /0 4ra..A qc�hop lt,;7&3 are eziablf'shed /;, �A;s seobopp O#*iVdW,~Jf gsar. ol WAI( 101 %4 1,4P-pL,1C-,--Wr5 AIAA4,e Z'YIVIV '31'fR'VET-�r le�or- A 4r, 1) 7,"kAc? . C I/Oo Apoeess O� It / SAV5 I OE PPIVF� I COAMWA C ro &SW1975UPOA /V r' LIA AswA W17N /V SX:Q AAftiO K XY 1, 11 I(_ IL C, JI. .+To 0 17 , :, ICIIVITY SkETCH LSAY, CAtironwA en Aff"', O'd, F"Oof& beloW 'I"Opy LOW" LOW W*tf&r- Pon p 0, of Hold omp rox I �O vfo�y /0 4ra..A qc�hop lt,;7&3 are eziablf'shed /;, �A;s seobopp O#*iVdW,~Jf gsar. ol WAI( 101 %4 1,4P-pL,1C-,--Wr5 AIAA4,e Z'YIVIV '31'fR'VET-�r le�or- A 4r, 1) 7,"kAc? . C I/Oo Apoeess O� It / SAV5 I OE PPIVF� I COAMWA C ro &SW1975UPOA /V RICHARD K. SHOGREN 6 ASSOCIATES Consulting Civil Engineers (714) 636-1620 18 April 1991 City of Newport Beach Marine Department 70 Newport Pier Newport Beach, CA 92663 Attn: Tony Melum - Tidelands Administrator File No. L0418436 Re: APPROVAL IN CONCEPT - 2209 BAYSIDE DRIVE (Burnett Res.) Dear Tony: Per our telecon yesterday, enclosed are five (5) copies of our revised 8-1/2 x 11 Plan for the "Approval in Concept" for the new bulkhead at 2209 Bayside Drive. The sand line elevation differs from the one shown on the "Approval in concept" you signed on 9 August 1990 because of dredging recently completed. Please sign and return these revised plans with your standard "Approval in Concept" letter so we can submit them to the necessary agencies. Please call if you have any questions or additional instructions. Yours very truly, RICHARD K. SHOGREN & ASSOCIATES Margalre S - Young Permit Coordinator enc /?/* V-4- � f 12755 BROOKHURST ST. 0 SUITE 203 * GARDEN GROVE, CA 92640 6-11) 6.7 I�W4' , / 70 7 Z Old leap TO LC�A/a /6. , 2 �o em�r c Ay' CIAIC YA1lf N,9AhPaAr,8A7', cAl-A,99MM gAr5lA5 ps/ye In "M umvwi wrl. SOWDINZ M4 eXPRE SSED 1jV 14697AVP pelVom Pe�'rH-S BC-L&'Al lqtc�W I-C'ATR, LVAI MAX. RANC10 O�' TIM APP8,m114ArL-1-r /a F651- HkTeoe Ll,�Ies ARE L57A&I-ls#,�D 1,V �Ajl_5 Z<:Tlod 0-- Namolv b'&r IF, I I I'leAl SIA /�A LL 11 1 lsl"I�POR /-A,YC;EL AM / OF FA RCE ,q65419PI V1510,V -3 40 AS goc�1<47 PAGE 92- Lvil�,' Oilgrr o1c'09AN6E, c, I ?-.,A-r R. 5.7' . 590ra / OA/ "AP RSCORDED /A/ /-IAPISI u ,SEA A/A L L. w/ ///,# )s Liv. RICHARD K. SHOGREN RE. CONSULTING CIVIL ENGINEER GARDEN GROVE CA (714)636-1620 PO CITY OF NEWPORT BEACH 0 RO, BOX 1768, NEWPORT BEACH, CA 92659-1768 ,q4lFofkv��?' March 26, 1991 S.E.A. Constructors 873 B West 15th St. Newport Beach, CA 92663 SUBJECT: Early Construction start at 2209 Bayside Drive Gentlemen: This is your authorization to extend construction hours until 10:00p -m, on March 27 & 28, 1991 as requested. Permission is given based on Section 10.28 of the N.B.M.C. to permit dredging operation during proper tide conditions. Very truly yours, AUrLD ING, tEI)ARTMENT ."�Ra-limar W. Schuller Director RWS: np c: Police Department Fire Department Public Works Licensing Marine 3300 Newport Boulevard, Newport Beach STATE OF CALIFORNIA CALIFORNIA REGIONAL WATER QUAL17Y CONTROL BOARD SANTA ANAAEGION 6809 INDIANA AVENUE, SUITE 200 RIVERSIDE, CALIFORNIA 92506 PHONE: (714) 782-4130 October 25, 1990 Lynn Burnett 2209 Bayside Drive Newport Beach, CA 92660 RESIDENTIAL BULKHEAD CONSTRUCTION - 2209 BAYSIDE DRIVE, CORONA DEL MAR, ORANGE COUNTY Dear Mr. Burnett: If standard construction methods and materials are utilized, this project should have no adverse effect on water quality. The City of Newport Beach has approved in concept the drainage via drain lines through the bulkhead. Based on this information, clearance is provided. Sincerely-, nne Knight4,vi;r:o 4 Specialist III Regulations Section �ental cc: Richard K. Shogren, Associates - Margaret S. Young City of Newport Beach - Tony Melum AK(l)docrev.Burnett RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. Suite 203 Garden Grove, California 92640 (714) 636-1620 TO CITY OF NEWPORT BEACH – MARINE DEPT. 70 NEWPORT PIER NEWPORT BEACH, CA > WE ARE SENDING YOU X Attached El Under separate cover • Shop drawings 0 Prints El Plans • Copy of letter 0 Change order E R ILIEUCTIEM OF URMSOMUL DATE 10/12/90 208/436 A, TONY MELUM RE� SEAWALL – BURNETT RESIDENCE 2209 BAYSIDE DRIVE, CORONA DEL MAR 10/12/90 11 STRUCTURAL CALCULATIONS FOR DESIGN OF BULKHEAD El following items: 0 Samples El Specifications COPIES DATE NO. DESCRIPTION 1 10/12/90 11 STRUCTURAL CALCULATIONS FOR DESIGN OF BULKHEAD El Approved as noted C-1 DRAWING C-1, REV. C 0 Returned for corrections S-1 DRAWING S-1, REV. c El S-2 DRAWING S-2, REV. B 19 S-3— DRAWING S-3, REV. B THESE ARE TRANSMITTED as checked below: y For approval 0 Approved as submitted 11 For your use El Approved as noted 11 As requested 0 Returned for corrections I_k For review and comment El 0 FOR BIDS DUE 19 W"911 • Resubmit—copies for approval • Submit—copies for distribution El Return —corrected prints 1:1 PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PROW242 ika 01471 If 8.0osures are not as noted, kindly notify US at OnCe. I c n P. E. IF NEWPORT-: Bg"jjz��. UALIFORNIA MAP= ONPA 70 Newport Pier MQ APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE �ITY OF NEWPORT�BRACH-as-required-for permit - application to the South Coast Regional COMMission pursuant to California. -..-.-.-- Administrative Code, Sections 1321O..and..13211. General Description of Proposed Devejoyme . n�_ Property Address: _-Appl.icant., a Xafling Address A................. ,pplicant's-Telephone Number I have reviewed the plans for the for Cgoing. 0Yel9Pm#nt:,, including: 1. The general'ii'te plan, incl:uding�any'roadi and pu6l"1c'-ac6ess 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 They comply with the current adopted Newport Beach General Plan, Zoning Ordinancef Subdivision Ordinance# and any applicable specific, or precise plans or 0 That a variance or exception has been approved and is final. APPROVAL IN C()j4Czp,1 i, co'.)y of any variances 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 plansp signed, and dated. S hould Newport Beach adopt an ordinance deletingt 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:Iproject -located thereon,, this a prov 1 ' concept shall become P � a in ordinance. niAl and i1old as of the effective date of this said In. accordiince' with t: I ' :. :'% hi, Cali fOrnii 'Environmental Quality Act of 1910, an'd,state and- local. guidelines.: adopted the under, this, develo ment: ... re P Has been determined.to be ministerial or categorically exempt. -0 Has received a final Exemption Declaration or final Negative Declaration .(COPY attached). Aillas received a!Fi' aiii�Environmental Impact Report . (Co . py I att I ac . h I ed) .... .... — ---- ---- --- All discretionary approvals legally required of Newport Beach prior to issuance a -building., permit.,,'4ave 3'9f, I been giVen.and are,�.final.:�-. The.-developmentLia�.­not T'_ '�;tidft-in-principal by Newport Beach unless A substantial change C re ec -in--it is�proposed. Concept, a proval in,no way��Gxcuses�, --?ci6st ordinance the ��&Wlicant fr=�cOmPlYinq%with-`all. s-0 codes, and regulations Of Newport Beach. By: Prin e name and t'tle cz in iliut �signi C�" Attachments: 2. A� 3. A 421 MARME WARTMENT c/a MY RALL —M li'WPOAT BLVD. BEACR. U 9M 7o tc�Va, C, D 15 D 0' �AIA SOO&Na-5 AAS A/ A6,57A�O Xi(v�m X,'TH-5 LW141 MFA� LzAlig ZOA/ 41�LV MA X. RANOO 0,� TIM APP8OX11,1Ar&Lr /0 7EZr #A,T,Oo,q LIAles ARE z- 5743LISIIeD 1,V ;�/ 5 SEI:PoAl o� IYWIb�V 64r 2223 5 1 -SEA AIAL.L Nov 6411-k-mv L. IIeV ZIA 1,44 LL 3X20 In i I Tl,�w LI�4 FFT-F�j L I u I fE8--4.31 RICHARD K. SHOGREN P.E. CONSULTING CIVIL ENGINEER GARDEN GROVF, CA (714)636.1620 FARCTL "7C/ Cr �RAITCELMA R.5.7*. .5500,2, 1?ES1'1,"1V1S1ON .6 449 AS 51-loAIV OA/ MAP AECOgDED 800k 47 P4GE 32 OFPARC.64. 14A, -S L j5L11?A16rr lrj5S. cc,zllvrr OF 0941VOe, CA LlFoj,�h,11A . ' Z2,!,) 5/Te-25-9 -------- 7—FF --- zv) MARME WARTMENT c/a MY RALL —M li'WPOAT BLVD. BEACR. U 9M 7o tc�Va, C, D 15 D 0' �AIA SOO&Na-5 AAS A/ A6,57A�O Xi(v�m X,'TH-5 LW141 MFA� LzAlig ZOA/ 41�LV MA X. RANOO 0,� TIM APP8OX11,1Ar&Lr /0 7EZr #A,T,Oo,q LIAles ARE z- 5743LISIIeD 1,V ;�/ 5 SEI:PoAl o� IYWIb�V 64r 2223 5 1 -SEA AIAL.L Nov 6411-k-mv L. IIeV ZIA 1,44 LL 3X20 In i I Tl,�w LI�4 FFT-F�j L I u I fE8--4.31 RICHARD K. SHOGREN P.E. CONSULTING CIVIL ENGINEER GARDEN GROVF, CA (714)636.1620 FARCTL "7C/ Cr �RAITCELMA R.5.7*. .5500,2, 1?ES1'1,"1V1S1ON .6 449 AS 51-loAIV OA/ MAP AECOgDED 800k 47 P4GE 32 OFPARC.64. 14A, -S L j5L11?A16rr lrj5S. cc,zllvrr OF 0941VOe, CA LlFoj,�h,11A . ' Z2,!,) 5/Te-25-9 -------- 7—FF --- Agenda Item No. F-17 CITY OF VEWPORT BEACH Marine Department July 9, 1990 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO CONSTRUCT A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE DRIVE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of plans and specifications by City of Newport Beach Building Department 2. Approval of California coastal Commission 3. Approval of U.S. Army Corps of Engineers 4. Approval of the County of Orange 5. That the sand elevation on the bayward side of the bulkhead be maintained at an elevation of +3 Mean Lower Low Water (MLLW). Background: On March 12, 1990 an application was made by Mr. Burnett to build a new bulkhead bayward of 2209 Bayside Drive. The proposed location of the bulkhead was at the same location as the existing bulkhead of the property at 2137 Bayside Drive, which is approximately 40 feet bayward of the high tide line of the sandy sloping beach. The Tideland Affairs Committee recommended denial of Mr. Burnett's application and requested that the City Council establish a policy for the five lots in this area of Bayside Drive that do not currently have bulkheads. The City Council directed the Tidelands Affairs Committee to develop a policy concerning bulkheads for this zone. On May 14, 1990 the Council reviewed a report from the Tideland Affairs Committee and amended the Harbor Permit Policies, Section 16.A. to include the following paragraph: "U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Recommendation for bulk- heads bayward of the above properties shall require a special permit approved by the city Council. staff recommendation for a bulkhead at these Properties shall not exceed a point bayward of the average high tide line established at a point 40 feet landward of the face of the bulkhead at the property at 2137 Bayside Drive, and then on a straight 1 ne from that Point to the baywardmost point of the bulkhead of i the property at 2301 Bayside Drive." The Tideland Affairs Committee and the City Council established this policy in order to assist in maintaining the established harbor profile in this zone. Discussion: The current Harbor Permit application by Mr. Burnett for a new bulkhead is cons i stent—w-i-t-h—the—recent-ly -adopted Harbor Permit Bulkhead section for Bayside Drive. The staff has recommended that the sand elevation on the bayward side of the proposed sea. wall be maintained by the applicant at an elevation Of +3 Mean Lower Low Water. This will assist in maintaining a sandy sloping beach profile for the four lots immediately to the east of the applicant that do not have bulkheads. David Harshbarger Marine Director Attachments 2'5� f-IL1115, /�o 0 0 0 0 0 op 0 To LCWG a4rslp�5 4)1?IYE 220.9 3/.oc/< `Z) W6 41AI O?AAIP LJ 01 NO / OF PARCEL YqA/P �/?S. r we'slUgpl-/ V1510,y -4 45 AS 5A1OA11-1 OM A 804,k 47 R4GE 92- vFPARC,54. 14APS Collf r OF ORA Mr,,c, C -A 4 1,colR &//A . ' �AlAlf' 0-T 'r- Sc:,&LF -5011AbIlVaS M8 6,vqRr 55,ED /A/ 1a6.='rAJVD 07ar P60TI-15 BE-10AI 111EAW 1-,v1Vrg L9AI AW MA X. RVVOR 0,4- ;rIDE 4PPMOX114A r& Lr lo #WoRLII-les A,;,c Zr-710AI O= /W u 45A 41ALL E W. lZ03-4. RICHARD K. SHOGREN P.E. CONSULTING CIVIL ENGINEER GARDEN GnoM CA (714)63r�ino rr C, CITY OF NEWPORT BEACH T FO� PDX 1, 68, NEWPORT BEACH, CA 92659-1768 June 27, 1990 Dear Bayside Drive Resident or Property owner: In regard to Harbor Permit Application 105-2209 by Lynn Burnett to construct a sea wall, as shown by attached drawing, bayward of the property at 2209 Bayside Drive: The City Council will review Mr. Burnett's application an July 9, 1990 at the City Council meeting beginning at 7:30 P.M. in the City Council chambers at 3300 Newport Blvd., Newport Beach. If you have questions regarding this notice and/or the attached drawing, please call either Tony Melum or David Harshbarger at the City Marine Department at 644-3044. David Harshbarger Marine Director Sent to: Resident, 2223 BAYSIDE DRIVE Kathryn Wheeler, 401 Avocado Leonard Baltzer, 2233 Bayside Dr. Jack Wolfrom, 2000 Rim Crest Dr.NOrco ,John and Susan Combs, 2227 Bayside Dr Lynn Burnett, 2209 Bayside Dr. 3300 Newport Boulevard, Newport Beach Cc PROI'-�IZE : / , , 11= /�O' 10 l< To L,,AIC, v 4, / A 1�- 7' ve, 364 '9,44,9 4`cFd 1�116q� V/c/A/MN", AIAAf NgMl�'b'Ar 6A7, CAL,4s:,qgM1,A g'A�51P�5 .0slyE - 2209 ,� r7jzl� 1�,-PAIAvW i3A N I Oal f- ScaLE 5011AIDIN65 A98 EXR9556W At lad,67AWP PNOM PePTHS B&OAl M&W LalWl'R LoAl klAr�. MA x. RAN66 OIL- TIDE -APPITM114A T& Lr /a #A-Vot? LIMES Al?5 L57A3L1s#eo /�/ 7711S zc7lod cy� /YW/b/7 bAr. 5,5A WALL SiA /,-�/A LL I --�Ul TIDE Liv. RICHARD K. SHOGREN P.E.� CONSUMNO CIVIL eNGINFER CARDEN GROM CA C110036-1620 VA,TCEL No / Of r PARCEL MAP R. S. r. 5�poca feS4149DIVISION -44S AS 5HOAlAl OA/ MAP ASCORPED IAI Book 47 /94GE -42 V)c,-ARC6L 14APS, I cozllvrr o1c, olTZAIc-e, c-AuFog�,IIA . 17-2139 -,!��7774 NAME S. sta. APPROVED BY 'bATE--- ODLE) ENGR COUNCIL PUBLIC WCRKS DEPT ESCROW El INI 4- X./ SPECIAL CONDITIONS ADDRESS Or PROPOSED FACILITY PERMIT, HARBOR PERMIT TO CONSTRUCTIREVISE A B AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING By COMPANY DATED 61()6(90 - DATE SIGNATURE CITY OF NEWPORT BEACH. CALIF. WX FORM 08,1010 1 'PROFIZ L� '. / L- /�o / To L,�IVq AJI . . . . . 44� A/A N,9M1l.,7Ar,6A7, cAz1,c,7gm1,4 51pg �:)I?IYE 020.9 '3LOCI.< `4") =1 LI 11 f /Ow Oal C, (55D 50411,1DA165 M8 /A/ AWAMD ANoM ')el�71-15 BE -Z OW AIEAI'l L-OWI'g LOA1 MA x. RA11100 0,` ME 4PPtTOX11,1Ar&Lr FE81- HA,T,Oo)�F LIAles A,,?E f 57A,3z #/ 7ylS SSCRoAl a- 1YtA4PoPr bAr. sleA " LL —.3 X20 rip, m I-A,TCEj- Yo, / OF PARCEL MAw R. S. r. 96-5419DIIIISIoN -34,9 AS SHclll,,l CAI A 00ok 47 PAGE 32 OFPARCEL 144�-S� COlbV7'),' Or ORAIVOC-, CAUtOA1,11A. RICHARD K. SHOGREN REJ CONSULTING CIVIL ENGINEER GASOEN GROVE, CA (714)636-1620 /A/ I - Z7N�� gURNerr Agenda Item No. F . 9 (c) CITY OF NEWPORT BEACH Marine Department May 14, 1990 TO: MAYOR AND CITY COUNCIL FROM: Tideland Affairs Committee SUBJECT: AMENDMENT TO HARBOR PERMIT POLICIES, SECTION 16.A. REGARDING RESIDENTIAL BULKHEADS Recommendation; If desired, amend the Harbor Permit Policies Section 16.A. to include the following paragraph: "U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Recommendations for bulkheads bayward of the above properties shall require a special permit approved by the City Council. Staff recommendation for a bulkhead at these properties shall not exceed a point bayward of the average high tide line established at a point 40 feet landward of the face of the bulkhead at the property at 2137 Bayside Drive, and then.on.a straight line from that point to the bayward most point of the bulkhead at the property at 2301 Bayside Drive." (see attached exhibit) Bgckground: On March 12, 1990, an application was made by Lynn Burnett to build a new bulkhead bayward of 2209 Bayside Drive. The proposed location of that bulkhead was at the same location as the bulkhead at 2137 Bayside Drive, approximately 40 feet bayward of the high tide line of the sandy sloping beach. The Tideland Affairs Committee recommended denial of Mr. Burnett's application and requested that the council establish a policy for the lots in this particular area that have yet to bulkhead. The Council approved the request for a policy revision and the wording suggested above is recommended by the Tideland Affairs Committee to amend this section of the Harbor Permit Policies and establish a bulkhead line for the lots that have yet to be bulkheaded. The amended policy will assist in maintaining the established harbor profile. Tideland Affairs Committee Evelyn Hart, Donald Strauss. Tony Melum, Tidelands Administrator CITY OF NEWPORT BEACH R(I BOX 1768, NEWPORT BEACH, CA 92659-1768 May 8, 1990 To: Harbor residents on Bayside Drive Re: Bulkhead policy on Bayside Drive On May 14, 1990 the City Council will consider a recommendation from the Tideland Affairs Committee to amend the Harbor Permit Policies to establish a bulkhead line on Bayside Drive bayward of the following properties that are not bulkheaded: 2209, 2223, 2227, 2231, 2233 Bayside Drive. If you have questions regarding this recommendation please contact the City Marine Department at 644-3044. Tony Me7um Tidelands Administrator 3300 Newport Boulevard, Newport Beach CITY OF NEWPOV BEACH DEMAND FOR PAYMENT Date April 24, 1990 Demand of: Trautwein Construction Address: 2410 Newport Blvd. Newport Beach, cA 92663 In the amount of $ 420,po ITEM OF EXPENDITURE BUDGET # AMOUNT Refund of fees 2344000 420.00 Paid 590 + 90 = 680 owed = 260 refund = 420 4proved For Payment: TOTAL 420.00 Audited and Approved: Finance Director WATERFRONT CONSTRUCTION City of Newport Beach P. 0. Box 1760 Newport Beach, CA 9265B-8915 Attn: Tony Melum - Tidelands Administrator Re: Revised permit: for Lynn Burnett 2209 Bayside Drive Dear Tony. cop ( 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors Licerso No. 451559 February e, 19eq Enclosed please find a new permit card and drawings for the above referenced. We have revised the drawing, deleting the new seawall, since it was denied by the Corps of Engineers and Fish & Game. I paid the fee originally of $ 590.00, which means I will have a credit of $430.00. Feel free to contact me at any time. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Sam -1 F. Kniss 2410 Newport Boulevard Newport Beach, California 92W-3798 Tolophono (714) 673-1960 WATERFRONT CONSTRUCTION Contracton Llconw No. 4.51559 Estobfthed 1946 February 1, 1990 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92638-e915 Attn: Tony Melum - Tidelands Administrator Re: Revision Permit for Lynn Burnett 2209 Baysid2 Drive Corona del Mar, CA 92625 Dear Tony; In February of last year I changed the Permit application to dock and pier work only, deleting the seawall. I should have a credit for the difference in fees (see ene-l-ased letter dated February 8, 1989). Feel free to contact me at any time. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION 5'aamuel �F. I --- Iss. WATERFRONT CONSTRUCTION Esfabhhed 1946 2410 Newport Boulevard Newport Beach, Callfornla 92663-3798 Telephone (714) 673-1960 ContmctmLlcanw No 461559 April 20, 1990 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658-8915 Attn: Tony Melum - Tidelands Administrator Re: Revision Permit -far Lynn Burnett 2209 Bayside Drive Corona del Mar-, Co 92625 Dear Tony: In February of last year I changed the Permit aPPlic&tion to dock and Pier work only, deleting the seawall. I should have a credit for the difference in fees (see enclosed letters dated February 8, 19e9 and February 1, 1990). At your convenience, please lot me know the status of this refund. Sincerely, TRAUTWEIN BROTHERS WATERFRONT C STRUCTION gamuel F. Kniss - --------- IN 5;1111F&-Tplzlv leap < 6.7 To Lcar, VICII�llr)lo 9A/0 N45MS,ArbA7, CAL19,991,11A g'Ars/P,5 PS/ Y16 0209 IBM �IeAlllvoRr e.,A N Oal ScAL -50Z/A/O/A/65 AAE EXP96559D 11V 1a6497A10 PffAlonu Pl'�N-5 B&OAl MEAM LCIA1,69 LOA1 A/4r�, MA x. RANOR 0,'-- TIDE APetToxyMArc- Lr /0 FE81.- HAVoR LIAles mE L:57A,3z.1s#eD 1,V j�11S 45CTIOAI O= lyc-kl'bvV bAr. I Fl I I ZA �VA LL FAA'r-91- MAP R. 5. r 55�o 96541-401VISION -640 AS 5/-/oA//\/ CAI "A/0 A�SCORDED gook 47 /94GE 32- OF �IAIRCEL /,IA, -S, COMVrr Oic'. ORAIVOE, CALI��AAIIA. . -5aA 4/A /- L TIDE LIV. 11 (1 ii U u d ?03-436 RICHARD K. SHOGREN P.E. CONSULmnNG CIVIL ENGINEER GARDEN GROVE CA 0`14)636m-1620 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 13, 1990 TO: MARINE DIRECTOR FROM: City Manager SUBJECT: HARBOR PERMIT APPLICATION OF LYNN BURNETT The attached application for a harbor permit was taken off the agenda by the City Council on March 12th and referred to the Tideland Affairs Committee for review and recommendation before it is placed back on the Council agenda. No specific time was set for return to the Council. The Council also stated for the record that "the policy was to be approved." It would be appreciated if you would determine from members of the Tideland Affairs Committee what is meant by "the policy was to be approved." I had no policy in my packet and am not aware of the intent of the Council in this regard. Please determine the intent from the Tideland Affairs Committee and advise me for my records. ROBERTL. cc: Tideland Affairs Committee Enc. CITY OF NEWPORT BEACH Marine Department February 26, 1990 TO: MAYOR AND CITY COUNCIL FROM: SUBJECT: Tidelands Affairs Committee ; - __ -_- --------- ­—*creindA-_Item No. -F -4-6- C HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO BUILD A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE DRIVE Recommendation: If desired, (1) deny the application as proposed, and (2) establish a City Policy permitting the construction of bulkheads in this location in the harbor at the mean higher high water line (MHHW), which would be a point starting at the southeast corner of the bulkhead at 2137 Bayside Drive, and then going landward 40 feet, then in a straight line to the southwest corner of the bulkhead of the property at 2301 Bayside Drive (refer to attached exhibit). I Baackground: This application was before the City Council on October 9, 1989 as required by section 5. C. 4., the , Harbor Permit Policies, which states� 5.C.4. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when Approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist." In determining an appropriate location for bulkheads, the Harbor Permit Policies give further guidance in section 16. A. which states: 16. "All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would preserve the design profile of the harbor." The Council referred the application to the Tideland Affairs Committee for review of the application, in light of the above uoted sections of the Harbor Permnit Policies and asked for report /0 back to the council. Discussion: In most cases throughout the harbor, the Bulkhead line and the private property line have been the same. In addition it is fairly typical that the Bulkhead line was at or near the mean higher high water line (MHHW) . In effect, the Bulkhead line defined the design profile of the harbor; bulkheading and filling at these location left sandy sloping intertidal beaches bayward of the bulkhead, and did not change the design profile. In the location affected by this application, the Bulkhead line, the property line and the MHHW line are all in different locations. The applicant's property at 2209 Bayside Drive, and the next four properties to the east are not bulkheaded; instead they have sandy sloping beaches down to the water. Because the shoreline in this area curves, the bulkheaded properties to the west of these beaches have bulkheads at the property line and bayward of the MHHW line. The proprties to the east of these beaches have bulkheaded back from their property lines at approximately the MHHW line. The issue become this: at what location is bulkheading allowed? Should it be at the property line, as done by the properties to the west, or should it be back from the property lines, as done by those properties to the east? The difference between the two alternatives is approximately 40 feet. To maintain the existing design profile of the harbor at this location, bulkheads should be allowed at that location established by those bulkheaded properties to the east of the applicant, rather than those to the west. This would maintain the profile now established by the unbulkheaded properties, and in the event the property owners choose to bulkhead in the future, by keeping them at the MHHW line a sandy, sloping intertidal beach would remain bayward of the bulkheads in those locations. Marine Department staff will be available at the city Council meeting to answer any questions the council might have. Tideland Affairs Committee Evelyn Hart Don Strauss /To7y Melum Tidelands Administrator 17- March 8, 1990 Attn: Irene City Clark of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Harbor Permit Application #105-2209; Continued Business Item I -I Dear Irene, This note is sent to request that Continued Business Item I -I (Harbor Permit Application #105-2209) be removed until further notice from the City Council Agenda for March 12. This request is made so that I may have the opportunity to meet with the Tidal Affairs Committee on this matter prior to a public hearing. Sincerely, zt C. L� Burnett !tt_ 2209 Bayside Drive Corona Del Mar, Ca 92625 Mr. Tony Melum, Tidelands Administrator cc: I Mr. Dave Harshbarger, Marine Director SENT VIA FAX 3/8/90 CITY OF NEWPORT BEACH Marine Department February 26, 1990 (Z75 - '- te;7 Agenda Item No. F-16 TO: MAYOR AND CITY COUNCIL FROM: Tidelands Affairs Committee SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO BUILD A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE DRIVE Recommendation: If desired, (1) deny the application as proposed, and (2) establish a City Policy permitting the construction of bulkheads in this location in the harbor at the mean higher high water line (MHHW) , which would be a point starting at the southeast corner of the bulkhead at 2137 Bayside Drive, and then going landward 40 feet, then in a straight line to the southwest corner of the bulkhead of the property at 2301 Bayside Drive (refer to attached exhibit). Baackground: This application was before the City Council on October 9, 1989 as required by Section 5.C.4., the Harbor Permit Policies, which states: 5.C.4. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when Approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist." In determining an appropriate location for bulkheads, the Harbor Permit Policies give further guidance in section 16. A. which states: 16. "All bulkheads in residential districts shall be installed on the established bulkhead line or at a location behind the bulkhead line that would preserve the design profile of the harbor." The Council referred the application to the Tideland Affairs Committee for review of the application, in light of the above uoted sections of the Harbor Permnit Policies and asked for report back to the council. Discussion: In most cases throughout the harbor, the Bulkhead line and the private property line have been the same. In addition it is fairly typical that the Bulkhead line was at or near the mean higher high water line (MHHW) . In ef f ect, the Bulkhead line defined the design profile of the harbor; bulkheading and filling at these location left sandy sloping intertidal beaches bayward of the bulkhead, and did not change the design profile. In the location affected by this application, the Bulkhead line, the property line and the MHHW line are all in different locations. The applicant's property at 2209 Bayside Drive, and the next four properties to the east are not bulkheaded; instead they have sandy sloping beaches down to the water. Because the shoreline in this area curves, the bulkheaded properties to the west of these beaches have bulkheads at the property line and bayward of the MHHW line. The proprties to the east of these beaches have bulkheaded back from their property lines at approximately the MHHW line. The issue become this: at what location is bulkheading allowed? Should it be at the property line, as done by the properties to the west, or should it be back from the property lines, as done by those properties to the east? The difference between the two alternatives is approximately 40 f eet. To maintain the existing design profile of the harbor at this location, bulkheads should be allowed at that location established by those bulkheaded properties to the east of the applicant, rather than those to the west. This would maintain the profile now established by the unbulkheaded properties, and in the event the property owners choose to bulkhead in the future, by keeping them at the MHHW line a sandy, sloping intertidal beach would remain bayward of the bulkheads in those locations. Marine Department staff will be available at the City Council meeting to answer any questions the council might have. Tideland Affairs Committee Evelyn Hart Don Strauss To7y Melum Tidelands Administrator I February 22, 1990 Mayor Ruthelyn Plummer City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: Continuance Request Dear Mayor Plummer, I would like to request a continuance of Item #16 (Harbor Permit Application #105-2209), until the next City Council meeting (March 12). This will give me an opportunity to review my application in light of the new Tideland Affairs Committee policy regarding bulkheads in the Carnation Cove area. Thank you for your consideration of this request. Sincerely, C. L. Burnett 707 Bayside Drive Newp ort Beach3 California 92660 cc: Mr. Tony Melum, Tidelands Administrator Mr. Dave Harshbarger, Marine Director PO. BOX 1768, NEWPORT BEACH, CA 92659,1768 February 16, 1990 TO, HARBOR PERMITTEES 2223, 2227, 2231, 2233 BAYSIDE DRIVE RE: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO BUILD A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE Dear Harbor Permittee: On February 26, 1990, the City Council will consider a report from the city's Tideland Affairs Committee regarding the above application. In conjunction with a recommendation regarding the above permit, the Tideland Affairs Committee is also recommending a City Policy permitting bulkhead construction in the area of your residence. Concerned parties are asked to contact the Marine Deprtment for further information, or to attend the City Council meeting of February 26. Sincerey, Tony Me um Tidelands Administrator 3300 Newport Boulevard, Newport Beach �MEMO TO: Tony Melum, Marine Dept. FROM: Sandy Genis, Senior Planner DATE: February 14, 1990 SUBJECT: Proposed Bulkhead at 2209 Bayside Drive Based on the history of dredge arid fill necessary to maintain the beach at 2209 Bayside Drive and other nearby properties in the face of continuous erosion, it would appear that provision of a seawall at some location on this lot would be consistent with Coastal Act and City of Newport Beach Local Coastal Program (LCP) policies permitting the installation of bulkheads which serve to protect existing structures. There are , however, several coastal issues which arise in relation to the proposed bulkhead, as discussed below. Public Acces Access to the area may he taken vertically by walking down the steps at "County Road", approximately 450 feet east of the site, and proceeding laterally across the beach. The bulkhead adjacent to the subject property on the west, at 2137 Bayside Drive, blocks further access in that direction, under most conditions. It may be noted that lateral "access" in this area would generally be taken across private property, inasmuch as continued beach erosion has resulted in tidal action well inland from the adjudicated high tide line per Orange County Superior Court Case No. 40024. As shown on the attached map for Resubdivision No. 348, dated June 8, 1972, the 11approximate waterline" in 1972 was located about 50 feet behind the adjudicated line. Thus, a wall forty feet back from the bulkhead on the westerly adjacent property and the adjudicated high tide line would be bayward of the "approximate waterline", and could impede the potential for lateral pedestrian movement adjacent to the bay. The City's LCP Public Access Policy No. 5, requires that lateral access be provided seaward of proposed new seawalls or other shoreline protective devices, except where inconsistent with public safety and protection of fragile coastal resources or where adequate access already exists. Other public beach access in the area exists at the Harbor Department, China Cove street ends, and Corona del Mar public beach. The City's ability to require public access at this location depends on how the proposed project would affect the public's use of the area or increase demand for public access. Whether or not public use would be affected depends, of course, on whether or not public use is currently occurring. It is not known whether or not the general public has made use of this area in the past, although the isolated nature of the area and limited availability of safe parking on Bayside Drive would tend to discourage public use. The replacement of one single family home with another would not be expected to generate increased demand for public use. Visual Access There is no visual access to the beach from Bayside Drive. Views of the site from elsewhere on the beach are largely blocked by raised piers and docks. The site is also visible from the bay and from Peninsula Point and the N Street pier across the harbor entrance channel. From these locations, the view is definitely not that of a pristine beach, due to the many piers and docks which partially block views of the beach. On the other hand, it is also apparent that sandy beach exists, rather than a continuous line of bulkheading as seen elsewhere. Existing City LCP policies pertaining to alteration of views would not preclude bulkheading at the proposed location. Wetlands Mitigation In accordance with LCP policies commencing on Page 21 of the LCP, dredging, diking, or filling may only be permitted if there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided to minimize adverse environmental effects. The area does not appear to provide any unique or high quality wildlife habitat; it has previously been subject to fill; and it is fairly disturbed by human activity. However, mitigation would be required if the California Department of Fish and Game were to determine that loss of wetlands would occur as a result of the bulkheading. Fish and Game should be consulted. If you have any further questions about this, don't hesitate to call. SANDRA 1,'/'GENIS, Senior Planner 144"40e, We &dAeom WATERFRONT CONSTRUCTION Established 1945 2410 Newport Boulevard Newport Beach, Callfornla 92663-3798 Telephone (744) 673-1960 Contractots License No 451659 February 1, 1990 City of Newport Beach P. 0. Box 1768 Newport Beach, CA 9265e -e915 Attn- Tony Melum - Tidelands Administrator Re. Revision Permit for Lynn Burnett 2209 Bayside Drive Corona del Mar, CA 92625 Dear Tony: In February of last year I changed the Permit application to dock and pier work only, deleting the seawall. I should have a credit 'For the difference in fees (see enclosed letter dated February E3, 19e9). Feel free to contact me at any time. Sincerely, TRAUTWEIN BROTHE13S WATERFRONT CONSTRUCTION I F SIEMON, LARSEN & MARSH TO: Lindell L. Marsh FROM: Dennis R. Acker RE: Burnett Grading Plan and Beach Restoration - 2209 Bayside Drive, Newport Beach, California DATE: December 27, 1989 ------------------------------------------------------ The purpose of this memorandum is to discuss the application of the U.S. Army Corps of Engineers ("Corps") regulations to a proposed restoration of a beach area within lands owned by our client, Mr. Lynn Burnett. It is assumed that the loss of beach resulted from artificial conditions. The following analysis is based upon a review of the grading plan Mr. Burnett provided, discussions with Mr. Burnett regarding the property, and a review of the relevant federal regulations. There are two issues involved in determining the extent to which Mr. Burnett may proceed with the proposed grading and beach restoration plan: 1) the extent of the Corps jurisdiction; and 2) the availability of a nationwide permit under applicable Corps and Environmental Protection Agency ("EPA") regulations. The first issue is exceedingly important because the Corps cannot prohibit the filling of areas which are not within its jurisdiction. Therefore, any beach areas found to be outside the tidal "waters of the United States" are not within the jurisdiction of the Corps, and can be filled and restored without a permit from the Corps. I. The Extent Of The Corps' Jurisdiction The 11 waters of the United States" in tidal areas extends to the mean high tide line. 33 C.F.R. §§ 328.4(b), 324.3 (d) . The mean high tide line may be established by survey with reference to available tidal datum. The mean high tide line should be measured as the mean or average high tide line over a 18.6 year period. 33 C.F.R. § 329.12(b). The jurisdictional limit may be altered by natural or artificial means if the change is gradual and it constitutes a permanent change in the shoreline. 33 C.F.R. § 328.5. Verification of the changes to the lateral limits of the Corps jurisdiction may be obtained from the district engineer. Id. The district engineer, therefore, has discretion to determine whether an artificial alteration in the shoreline constitutes a permanent change altering the Corps' jurisdiction. Lindell L. Marsh December 27, 1989 Page.2 From this review of the. regulations, a proposed strategy can be developed. The mean high water mark should be established by utilizing aerial photographs of the shoreline, historic maps and other relevant tidal datum. In this case, it appears from Mr.. Burnett's comments that the artificial condition has caused significant erosion over the past few years.. It is within the Corps' discretion to consider this type of erosion an impermanent change, and therefore, not subject to Corps regulation. Even without considering the artificial and impermanent nature of the changes, the use of a 18.6 year time table should push the average or mean high water mark a considerable distance seaward of the present waterline. After a review of the data concerning the mean high tide line, a letter to the Corps outlining these findings would be appropriate. To the.extent the site is outside the Corps, Jurisdiction, grading and fill can occur without a Corps permit. II- The Availabilitx���. A. Bank Stabilization A nationwide permit can be obtained to stabilize banks subject to tidal influence. 33 C-r.R. §330.5(a) (13). The bank stabilization activity must be less than 500 feet in length, necessary to Prevent erosion, and limited to less than one cubic yard per running foot Of fill. The fill must be clean and cannot be placed in wetland areas. Any further beach restoration in the "waters of the United States" would require an individual' permit issued pursuant to rather lengthy administrative procedures. The project may utilize bank stabilization in connection with fill and grading occurring outside the Corps jurisdiction. Fill may be added below the mean high tide line up to one cubic yard per running foot along the entire 100 foot length of the Site. A nationwide permit can be obtained under this section without pre -discharge notice to the Corps. Therefore, there is no requirement that the Corps be informed of this activity. However, the activity must comport with the conditions of the nationwide permit and the Corps management Lindell L. Marsh December 27, 1989 Page 3 practices 33 C.F.R. §§ 330.5(b)�, 330.6 (attached as Exhibits A and B).f B. Restoration Of Serviceable pill A nationwide permit is also available for activities which constitute repair, rehabilitation or replacement of structures or fill which. has, been previously destroyed. 33 C.F.R. §330.5(a)(3). However, beach restoration is specifically excluded from this permit. The permit is specifically designed to permit timely rebuilding of fill and structures after sudden destruction due to natural disasters such as hurricanes and floods. Therefore, this type of nationwide permit is not available for the restoration contemplated by Mr. Burnett. DRA/rlo It should be remembered that the fill and grading plan must be consistent with the local coastal Act. program and 'the State Coastal M APPENDIX A W The following special conditions must be followed in order for the nationwide permits identified in paragraph (a) of this section to be valid. (1) That any discharge of dredged or ' will not occur in the proximity Of a pub fill material intake. lic water supply (2) That any discharge of dredged or fill material will not occur in areas Of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity authorized by paragraph (a)(4) of this section. (3) That the activity will not Jeopardize a threatened or endangered species as identified under the Endangered Species Act (ESA), or destroy or adversely modify the critical habitat of such species. In the case Of federal agencies, it is the agencies, responsibility to comply with the requirements of the ESA. If the activity may adversely affect any listed s , engineer must initi Pecies or critical habitat, the district ate section 7 consultation in accordance With the ESA. In such cases, the district engineer may: (i) Initiate section 7 consultation and then upon completion, authorize the activity under the nationwid'e Permit by adding, if appropriate, activity specific conditions, (ii) Prior to or concurrent with section 7 consultation he may recommend discretionary authority (See section 33o.8) or use modification, suspension, or revocation procedures (See CFR 325.7). (4) That the activity shall not significantly disrupt the movement of tho e species Of aquatic life indigenous to the waterbody s (unless the primary Purpose of the fill is to impound water); (5) That any discharge Of dredged or fill material shall consist of suitable material free from toxic Pollutants (See section 307 of the Clean Water Act) in toxic amounts; (6) That any structure or fill authorized shall be properly maintained. 01 (7) That the activity will not occur in a component of the National Wild and Scenic River System; nor in a river officially designated by Congress as a "study river" for possible inclusion in the system, -while the river is in an official study status; (8) That the activity shall not cause an unacceptable interference with navigation; (9) That, if the activity may adversely affect historic properties which the National Park Service has listad on, or determined eligible for listing on, the National Register of Historic'Places, the permittee will notify the district engineer. If the district engineer determines that such.historic properties may be adversely affected, he will provide the Advisory Council on Historic Preservation an opportunity to common the effects on such historic properties or he will consider modification, suspension, or revocation in accordance with .33 CFR 325.7. Furthermore, that, if the.parmittee before or during prosecution of the work authorized, encounters a historic property that has not been listed or determined eligible for listing on the National Register, but which may be eligible for listing in the National Register., he shall immediately notify the district engineer; (10) That the construction or operation of the activity will not impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights; (11) That in certain states, an individual state water quality certification must be obtained or waived (See section 330.9); (12) That in certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (See section 330.10); (13) That the activity will comply with regional conditions which may have been added by the division engineer (See section 330.8(a)); and (14) That the management practices listed in section 330.6 of this part shall be followed to the maximum extent practicable. 2 APPENDIX B management Practicea In addition to the conditions specified in section 330.5 of this Part, the following management practices shall be followed , to the maximum extent practicable, in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis pursuant to section 330.,S of this Part. (1) Discharges of dredged or fill material into waters of the Untied States shall be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons -shall be avoided. (3) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water an/or the restriction of its flow shall be minimized. (5) Discharge in wetlands areas shall be avoided. Heavy equipment working in wetlands shall be placed on mats. (7) Discharges into breeding areas for migratory waterfowl shall be avoided. (8) All temporary fills shall be removed in their entirety. 3 go 4te 6�. 5 38 4.1 26 Z.1 A 3 ze 0 4� -T5— 41 47 3,6 20 26 41�; t 1,645 29 84 -70 --4- 14 68 44 37 �?s ZO 40 .6", 177 10,o 7, 3 A. 2 Z.7 113 0,4 - a He /,Zo AF W,911- 7Z' 7C go 4(7 9-,z vq 7 z A -?o I) ci o 1.5 ZO 4,0 -!I—z 55 97 94 74- IR 0 -7 69 56 44. .38 B/ 00 40 55 9%3 9.5 -q 4 -6 49 51 44 .34. Z5 '10 1�0 55 0/75 /Z:A/--e _�4 79 7� ,74- - 1,9 69 56 0/ 319 25 2o 4,0 TT O-AOO leam 1913 8.6 Ss 9-5 - 7./ .91 -4 3'.6 -j 11.7 '55 H, 40 TO q zz 40 55 61 -- 5/ 91 75 -f- Z- -gt? f 2 07 50 .3.5 zo 46 60 9,1 �1,6 77 4.1 I.q So 35 zo, 10-70) 7'32�' 6 V-�5 --TAX9 kVA' XR,!5 A/ Z L W DA 72-1,V .Id' i ZZ.67V s -�WO t�11V 7,05 0,A/ 1-16�41kl 17116W eWW1.,e �.e - 53 040 come. Aq�,rz 5 tA o Oz4tl TAI�C I Az e r 0 4- Z-7.3 cRC AW;-�e ez� I CITY OF NEWPORT BEACH PO. BOX 1768, NEWPORT BEACH, CA 92659-1768 November 30, 1980 Dear Harbor Permittee: DEC 0 6 1989 W >1> On December 8, 1989 a survey crew from the City of Newport Beach Public Works Deprtment will be on the beaches bayward of your property. The purpose of the survey is to establish the existing beach profile, in an effort to make an recommendation to the City Council for approved locations for bulkheads for the properties that have yet to bulkhead. After we have established the existing beach profile we will contact each property owner to solicit input relative to the possible location of a bulkhead and then staff will make a recommendation to the city Council for a policy establishing a bulkhead location for the properties that are not bulkheaded. If you have questions in this regard please call me at 644-3044. Sincerely, Tony Melum Tidelands Administration TO: John Combs, 2231 Bayside Drive 105-2227-1 Earle Wolfrom, 1031 Delaware,Burbank 105-2227-2 Leonard Baltzer, 2233 Bayside 105 -2233 -1 John MIchler, 2323 Bayside 105-2223-1 C.L. Burnett, 2209 Bayside 105-2209-1 3300 Newport Boulevard, Newport Beach Gorman & Valtner Attorneys at Law 1736 Franklin Street, Eighth Floor Oakland, CA 94612 (415) 465-4494 November 27, 1989 Tidelands Affairs Committee % David Harshbarger, Marine Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 RE: Harbor Permit Application No. 105-2209 for Construction of New Bulkhead Bayward of 2209 Bayside Drive Dear Chairperson and Members of the Committee: We represent Judith Hodges and Stop Polluting Our Newport (SPON) with respect to the above -referenced matter. The purpose of this letter is to apprise the Committee of the reasons why we believe a Harbor Permit should be not granted for the proposed bulkhead bayward of 2209 Bayside Drive. This letter presents our preliminary conclusions regarding the proposed project, and may be followed by a more detailed letter following the completion of our review of the relevant information. However, in light of the fact that the Committee may be taking action on the proposed project imminently, we have assembled our preliminary conclusions to assist the Committee in its deliberations. It is our understanding that the matter has been referred by the Mayor and City Council to the Tidelands Affairs Committee (Committee) for review and report back to the City Council. Further, we understand that prior to making any recommendations as to the instant project, the Committee must first determine what the City's policy should be with respect to allowing bulkheads in the project area. A policy regarding bulkhead development in the project area amounts to a modification of LCP policies related to New Development set forth below: The City shall preserve, in its natural state, the ocean beaches, water, surf action, and coastal shoreline in a manner that will ensure their availability for continued public use and enjoyment. Proposals for the construction of anti -erosion structures, offshore breakwaters, or future marinas shall be examined in light of this policy. LCP at 34. [As per revised LCP, submitted to the Coastal Commission for certification.] Tidelands Affairs Committee November 27, 1989 Page 2 6. The City shall protect and enhance public visual access to the waterfront. New development (including landscaping), public or private, shall be sited and designed to protect public views of the ocean and other coastal scenic areas. LCP at 36. We understand that the City has adopted a specific bulkhead policy for at least one other area. Development of these bulkhead policies are important policy matters which should be incorporated into the LCP. Installation of bulkheads raise very serious issues under several provisions of the Coastal Act, including: section 30235 (limiting the installation of bulkheads affecting shoreline processes), section 30233 (limiting placement of fill in open coastal waters and inter tidal areas), section 30240 (protecting environmentally sensitive habitat areas), and section 30253 (requiring that new development not contribute to erosion). We recognize that the City also has concerns with bulkheads. Although specific policies may be appropriate, they should be publicly debated and adopted in the proper context. In any event, this project should not be approved until the policy is adopted and certified as an LCP amendment. We believe that the development or determination of a bulkhead policy is a project as defined by the California Environmental Quality Act (CEQA). The a policy would modify policy language contained within the City's local coastal program (LCP) component of the general plan. This policy change is at least as much a "project" subject to CEQA as the revisions to LAFCO policies reviewed in City of Livermore v. LAFCO (1968) 183 Cal.App.3d 681. There, the court determined that even modifications of LAFCO's incorporation guidelines was a project which required an environmental impact report (EIR) due to potential long term effects on land use and development. Furthermore, the proposed policy to allow bulkheads in the area is likely to result in a number of significant adverse environmental effects which must be analyzed in an environmental impact report (EIR). The potential effects include, but are not necessarily limited to, the following: 1. Loss of sandy beach; 2. Impacts to natural sand replenishment along area beaches; 3. Loss of open water area within the bay; 4. Impacts to existing intertidal habitat areas for both the short-term (during construction of the bulkhead) and over the long-term due to habitat displacement; Tidelands Affairs Committee November 27, 1989 Page 3 5. N Visual impacts as a direct well as due to larger home of the bulkhead; and result of the bulkhead, as enabled by the construction Cumulative impacts as a result of allowing additional bulkheads in the area and the larger homes they will foster. Given these potential effects, the City Must complete an EIR which evaluates the proposed project and identifies alternatives and mitigation measures to avoid or offset the project related and cumulative impacts associated with the project. While the applicant obtained two waivers of coastal development permit requirements from Coastal Staff for the project, it is our understanding that neither waiver was based upon a project which included a bulkhead. Specifically, the proposed development for purposes of Coastal Commission review included only the 11[d]emolition of a single family residence and construct 9565 sq.ft. 2 story, 29 foot high, single family residence on a bayfront lot with 8 parking spaces", and "[r]elocate the pier 76 feet to the west, demolish the dock, dock pile, and ramp and construct a dock, dock pile, and ramp in the new location." Waiver numbers 5-88-632 and 5-89-417 for 2209 Bayside Drive, Corona del Mar. Language contained in both waivers specifies as follows: 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. Prior to taking further action on the proposed project, the City may wish to await the Coastal Commission Staff position with regard to the addition of a bulkhead to the project description. The permit waivers approved by the Coastal Commission staff were authorized under Section 30624.7 because the described developments were considered "deminimus" development. Such a waiver may be issued only if the project "involves no potential for any adverse effect either individually or cumulatively on coastal resources and ... would be consistent with the policies of Chapter 3 [of the Coastal Act]." In light of the Coastal Act and environmental issues discussed above, we doubt that the Coastal Commission could approve a permit unless the bulkhead was required to protect an existing house. Here, the house and other facilities will be demolished and reconstructed, and several Tidelands Affairs Committee November 27, 1989 Page 4 design alternatives appear to exist which would allow construction of a house without a bulkhead. Certainly no waiver of bulkhead permit could be approved under Section 30624.7. We are informed that the applicant has stated that the project can be constructed without a bulkhead. If this is an accurate representation, a simple way to avoid potential impacts associated with the project, is to allow the project to go forward without the bulkhead. The Tidelands Affairs Committee has an important role in reviewing bulkhead proposals and advising the Marine Department for purposes of approval in concept. For the reasons set forth above, we respectfully request that the Committee recommend denial of the bulkhead. Rather the applicants should be directed to redesign the project so that no bulkhead is necessary. If the Committee decides to pursue the creation of a policy regarding bulkheads in the project area, we believe an EIR must be prepared and the policy incorporated into a LCP amendment. Absent an EIR, we do not believe an informed decision can be made regarding the disposition of environmental effects associated with the project. Please do not hesitate to contact me with any questions regarding the content of this letter. In addition, please place this firm on the mailing list for all notices, staff reports and other information related to the proposed project. Very truly yours, 16�' Roy Gorman Terry Watt cc Stop Polluting our Newport Judith Hodges California Coastal Commission Z- 7101�/ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 November 10, 1989 Rolf E. Mall Program Manager Department of Fish and Game Marine Resource Division 330 Golden Shore, Suite 50 Long Beach, CA 90802 Re: Dredging Permit 105-2209 Dear Mr. Mall: We are in receipt of your letter of November 3, 1989 regarding the above permit and have been in contact with the property owner who made the dredging application. our copy of the drawing did not indicate the minus 15 feet dredging depth. We have, since receiving your letter, contacted the property owner and indicated, to him that our permit for Maintenance Dredging allows a maximum of a minus 6 feet dredging depth. He has indicated to the City that he will be willing to restrict his dredging to a minus 6 and we are in the process of issuing an addendum to his permit, limiting the dredging to - 6 feet. THis change in the permit should bring it within the perimeters of the permit issued by the ACOE 89 -211 -GS, and into compliance with condition #10. If you have questions regarding the.above, please call me at 644- 3044. Sincerely, Tony Melum, Tidelands Administrator CC: Army Corp of Engineers (Regulatory Branch) Attn: J. Salas 3300 Newport Boulevard, Newport Beach STATE 0,' CAUFORNIA-�—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, G�mrnor ULPARTMENT OF FISH AND GAME Marine Resources Division 330 Golden Shore, Suite 50 Long Beach, CA 90802 (213) 590-5113 November 3, 1989 Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Mr. Melum: We have reviewed the dredging application (Permit No. 105-2209) for the maintenance dredging of 500 cubic yards of sand and the placement of dredged material on the adjacent beach. Our review of the material submitted indicates that the proposed dredging is not in compliance with condition No. 10 of Corps of Engineers' Permit 89 -211 -GS, issued to the City of Newport Beach (City) on August 28, 1989. Condition 10 limits maintenance dredging to a maximum depth of -6 feet mean lower low water (MLLW). Information supplied with the dredging application indicates that dredging will occur to at least -15 feet MLLW and in an area bayward of the existing boat dock. Because the dredged area is deeper than permitted by the City's current Corps of Engineers' permit and does not appear to be necessary to maintain a sufficient depth for the existing boat dock, we recommend that the City not issue a permit, under authority of Corps' permit 89 -211 -GS issued to the City, for the proposed dredging and beach restoration. The proposed dredging and beach disposal project, in our opinion, requires an individual Corps' permit. Should you have any questions, please contact Richard Nitsos, Environmental Coordinator for Marine Resources. The phone number is (213) 590-5174. Sincerely, R M Program Manager Southern California Operations cc: U.S. Army Corps of Engineers (Regulatory Branch) Attn: G. Salas RICHARD K, SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 20 September 1989 Mr. Tony Malum Marine Department City of Newport Beach 70 Newport Pier Newport Beach, CA 92659-1768 Re: Burnett Residence Seawall Dear Tony: File No: L0920436 Enclosed are 10 copies of the revised seawall layout for the Burnett Residence at 2209 Bayside Dr., Corona del Mar. We have added a 35 foof long onshore segment with a return to minimize loss of landscaped area during a storm. Our plan otherwise is as originally approved. Please call us if you have any questions. Yours very truly, RICNARD K. SHOGREN & ASSOCI Richard K. Shogren, P.E. Principal RKS: jw enc: (10 copies) Revised Seawall Layout - Burnett Residence cc: Lynn Burnett 12755 BROOKHURST ST. 0 SUITE 203 - GARDEN GROVE, CA 92640 RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers 12755 Brookhurst St. Suite 203 GARDEN GROVE, CALIFORNIA 92640 (714) 636-1620 TO CITY OF NE14PORT BEACH 70 Newport Pier Newport Beach, CA 92659-1768 WE ARE SENDING YOU EXAttached 111 Under separate cover • Shop drawings • Copy of letter 0 Prints 0 Change order 0 Plans r_1 — LZU'VEM (11F 7MROMMUL DATE 9/ NO. 208/436 ATTENTION Tony Meluni Revised Bulkhead Plan 1 9/29/89 Letter - Re: Approval of Bulkhead Changes 3 following items: El Samples C1 Specifications COPIES DATE NO. DESCRIPTION 1 9/29/89 Letter - Re: Approval of Bulkhead Changes 3 Revised Bull�head Plan THESE ARE TRANSMITTED as checked below: 0 For approval -ET -Approved -as submitted 0 For your use 0 Approved as noted AAs requested D Returned for corrections C1 For review and comment 0 0 FOR BIDS DUE 19 RI -A El Resubmit—copies for approval 0 Submit—copies for distribution El Return —corrected prints El PRINTS RETURNED AFTER LOAN TO US COPY TO (::�. (.. t`!5ae-1JJ5-.rT' SIGNED:J���' PRODUCIZ02 ��Ia�'�MoAONN. If c..10a.re. am not as noted, kindly not ify uS at once. RICHARD K. SHOGREN & ASSOCIATES Consulting Civil Engineers (714) 636-1620 29 September 1989 Mr. Tony Melum Marine Dept. CITY OF NEWPORT BEACH 70 Newport Pier Newport Beach, CA 92659-1768 Re: Approval of Bulkhead Changes for Burnett Property at 2209 Bayside Dr., CdM Dear Tony: File No: L0929436 Enclosed are 3 copies of -the revised bulkhead plan proposed for the Burnett property at 2209 Bayside Dr., Corona del Mar. The owners of the adjacent lots have signed off indicating their approval of the change. Please call me if you have any questions or additional insfrucfTon. Yours very truly, RICHARD K. SHOGREN & ASSOCIA Richard K. Shogren, P.E. Principal enc: (3 copies) Revised Bulkhead Plan cc: C. L. Burnett 12755 BROOKHURST ST. * SUITE 203 - GARDEN GROVE, CA 92640 PRololm : I,, lbol 101 . I roo To L.,k/a r IV WCA117)"AlA N941,42'W bAr, CALhc�,RAIIA $04NDIAlaS AJU Ely 'PRESUD AIAWAMD PNOW MLOW v4w 4-PA469. / 9AI A44W. MA X,... RANOR O�' -TIDE AopnoxmAra Lr locar HAIWoR LIAles A,�6 f_57A,6j_1s11W 1,q 7711.S HWlbq bAr. YE Z209 2223 czzs-�,_� _DN.� O<m D N 91 r 'TI S�A AW A5A IrE54VOOM-510M -440 AS 5HOAA1 CA/ 804>/< 47 PAGE 52 47,4,PARC5L 14AP�l CQhYrr Or ORAN090 CALIFOAA11A. SA AA LL I 11 1 rip /W WA WALL. \00, paq )s W. U d u 553-_4 RICHARD K. SHOGREN RE CONSULTING CIVIL ENOPMER CARDENGROVECA . CM4)5004620 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 14,13 01 NATIONAL MARINE FISHERIES SERVICE Southwest Region 300 S. Ferry Street Terminal Island, California 90731 November 9, 1989 F/SWR13:RSH Tony Melum Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659-1768 Dear Mr. Melum: We have reviewed the proposed project regarding the placement of dredged sand material on the beach at 2209 Bayside Drive by Lynn Burnett. We question whether this project is consistent with the requirements and conditions as related to Corps of Engineers' Permit 89 -211 -GS. Specifically, that permit allows small maintenance dredging projects, no more than 500 cubic yards of material, to be completed with disposal of material on the adjacent beach. In addition, a depth restriction of -6.0 feet MLLW for dredging activities is a condition of the permit. We believe the proposed work may exceed both of these requirements. Since the property owner had previously considered a similar project under a separate permit but was unlikely to receive a permit for that proposed activity, it appears that this work may be an attempt to circumvent the normal permit process. As a consequence, we request that the City reevaluate this project to determine whether it is consistent with the terms, conditions and intent of permit 89 -211 -GS. Sincerely, E.C. Fullerton Regionk Director cc: USFWS, J. Fancher CDFG, R. Nitsos IOROFIZL /,L- /�Ol V/C/A//r/� 9A N,Woa)'�r 25Ar, �-ALIFPRIOA 5A�5/Pg PSWE 2209 1 1'222 ,3Lcc1-< "D or 35 4of f� ScAl-r, 501II&INaS MA 15XPR55SED 14',4657AMD P5YC,7r D,��,W-5 56Z OA/ A15�� LOA11-9 L.'Al AW9f . MA)(. RANOO 0,-- TIDE APP8ox11,1Arc-Z-r /0 FEEIr kAR,OPR LIAI�s AAe, //� 7711.5 SECT101\1 ce� sell,�R7 6,47� - �5A R.S.r.!5 xe-�W,VOI V/,510M 346 AS 5�-IaAl&l OM /t Boc>k 47 /0AGE 52- OF 1mAqC,5L 144,-,5 rip Li o I I TII)E LIV u RICHARD K. SHOGREN P.E. CONSULTING CIVIL ENGINEER GARDEN GROM CA (714)636�1620 //l/ 1 M� saxl,1677 V) IOROFIZL /,L- /�Ol V/C/A//r/� 9A N,Woa)'�r 25Ar, �-ALIFPRIOA 5A�5/Pg PSWE 2209 1 1'222 ,3Lcc1-< "D or 35 4of f� ScAl-r, 501II&INaS MA 15XPR55SED 14',4657AMD P5YC,7r D,��,W-5 56Z OA/ A15�� LOA11-9 L.'Al AW9f . MA)(. RANOO 0,-- TIDE APP8ox11,1Arc-Z-r /0 FEEIr kAR,OPR LIAI�s AAe, //� 7711.5 SECT101\1 ce� sell,�R7 6,47� - �5A R.S.r.!5 xe-�W,VOI V/,510M 346 AS 5�-IaAl&l OM /t Boc>k 47 /0AGE 52- OF 1mAqC,5L 144,-,5 rip Li o I I TII)E LIV u RICHARD K. SHOGREN P.E. CONSULTING CIVIL ENGINEER GARDEN GROM CA (714)636�1620 //l/ 1 M� saxl,1677 October 18, 1989 Mr. Tony Melurn Tidelands Administrator MARINE DEPARTMENT 70 Newport Pier Newport Beach, California 92663 Dear Mr. Melum: SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BUFNETT' TO BUILD A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE DRIVE In weighing your decision for the above proposal, consideration should be taken regarding the adverse consequences the bulkhead would have on the harbor. To protect the long term size of the bay it would not be unreasonable tcWeclare a -moratorium on all bulkheads which_irurude into the bay and result in the reduction of the size of the bay and allow ONLY those bulkheads which are needed to protect property and are behind the waterline and are not intrusive nto the bay. From a long range standpoint, if an property owners are allowed to do the same as the above permit proposes, it will very significantly reduce the size of the bay. As a generality, bulkheads can be treated as abenerit solely to property owner of the bulkhead but work to the detriment of the bay in general and all other waterfront owners. Why should there be personal property enhancement at the expense of maintaining the quality of the bay? An additional reason for not approving the bulkhead on Bayside Drive is that historicaRy it is known that sandy beaches such as those on Bayside Drive are energy absorbing and absorb an enormous arnount of energy during the heavy southern storms. Bulkheads do not absorb the energy and the force of the storm ricochets against the seawall creating detrimental effects on the entire bay and adjacent properties. The damage can be irreparable. What is being proposed with the bulkhead at 2209 Bayside Drive would change the entire environmental structure. Therefore, do not replace the sandy beach with a seawall.please weigh the benefits of keeping the sandy beach as it is against all the negative effects of a bulkhead. ' iicerely, Ic' udith R. Ho 'P 2200 B ayside Drive Corona del Mar, California 92625 (714) 673-3199 (800) 527-4644 (Until January 1) CITY OF NEWPORT BEACH Marine Department October 9, 1989 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO BUILD A NEW BULKHEAD BAYWARD OF 2209 BAYSIDE DRIVE Recommendation:. If desired, refer this matter to the Tidelands Affairs Committee for REVIEW AND REPORT BACK to the City Council. Discussion: This application is before th e City Council as required by Section 5.C.4 of the Harbor Permit Policies, which states: 5.C.4. "Prior approval of the City Council will be required before issuing a permit for shore -connected structures when approved Bulkhead Lines, Pierhead Lines, or setback lines do not exist." In this particular location in the harbor the U.S. Bulkhead line, to which most of the bulkheads within the City of Newport Beach are built, is approximately 50 feet bayward of the existing slips and as a result each of the bulkheads that has been built in this area have been built at different locations, depending on the property owners' requirements. In the section where this applicant proposes his bulkhead, there are approximately seven properties which have, in the past, chosen not to build a bulkhead, and there are sandy sloping baeches bayward of each of the properties. As a result, the Council may want to develop a policy regarding the location of the bulkheads in this location, since there has been no standardization or guidelines. By referring the matter to the Tideland be possible to receive input from the Orange County Sheriff's Harbor Patrol, the homeowner's association for the establishing a policy to indicate where bulkheads to be constructed. Tony Z/U'm Tidelands Administrator Affairs Committee it would Planning Department, the the adjacent residents and location, to assist in it would be appropriate for T- FROICIZI� /�o 10 T�7 L,�AIG ,Xekl?�, - ex 'r 1,4 cle-lc WCIIV17'�� AIA 1V,5A1j0ai'<7-,8,4r, CAL1,1LPRMIA 0-,, D (IgMD I N Pal fa ScALF- )oL1MD1a(;5 AAA 5APRE 55ZD Al 1`697'AM� Dolc,7Z: PerrgS BeZOAI LoAl2r9 LaAlk�4rb�'. MAx. RANO-6 0,'-- TIDE AP,01?ox114AT&Lr /a FE81, HAV3o,4F LIMEs Az,' -c L %Ai5LISII,�D /// 7711S ZCT/o/,/ Cl= NWI�bV 6,&r- g'A�51pg PSIYE 2209 1 1 2�-2 ,31-ccl< "o 351 SZA �VA L rl�41? U I u I Fqn -A-,dq, RICHARD K. SHOGREN P.E. CONSULTING CML ENGINEER GARDENGROMCA rtl4)536-1620 FAAr-El Na�/ oF Pw?cei M-APR.S.r 69oG 9954V501111510AI -440 AS SHOAA/ OA/ MAP IRECORDED IAI BOC�k 47 PAGE .42 V�c PARC�5L 14A, -S, L C041,Vrr or offlAMM, cALIFoAAIIA. ?209 t!�Nrf/� SIATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Go"mor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 380 LONG BEACH, CA 90802 (213) 590-5071 Date: June 12, 1989 0 TO: Trautwein Brothers Waterfront Construction Attn: Sam Kniss 2410 Newport Blvd. 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 # 5-89-417 APPLICANT: Lynn Burnett LOCATION: 2209 Bayside Drive, Corona Del Mar PROPOSED DEVELOPMENT: Relocate the pier 76 feet to the west, demolish the dock, dock pile, and ramp and construct a dock, dock pile, and ramp in the new location. RATIONALE: The proposed location of the pier, dock, dock pile and ramp is within the U. S. Pierhead Line and will have no potential for significant adverse impacts on coastal resources or public access. This waiver will not become effective until reported to the Commission at their July 11-14, 1989 , 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. by: CHARI:ES DAMM e�v South Coast District Director cc: Commissioners/File 0427D REPLY TO ATTENTION OF Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 April 24, 1989 Lynn Burnett c/o Samuel F. Kniss Trautwein Brothers Waterfront Construction 2410 Newport Boulevard Newport Beach, California 92663-3798 (714) 673-1960 Dear Mr. Kniss: Reference is made to your request of March 22, 1989 (89 -222 -GS). 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 (1) relocate an existing pier and ramp, (2) remove and destroy the existing dock and pile, and (3) install a new dock in Newport Bay at 2209 Bayside Drive, Corona del Mar, Orange County, California, as shown on the enclosed drawings and subject to the enclosed conditions. 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 must reach this office at least 10 days before the activity actually starts. Please use the enclosed card. Sincerely, �t, *PE . Chief, Regulatory Branch C -w (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associates liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) Enclosure CITY OF NEWPORT BEACH Marine Department April 24, 1989 Agenda Item # F.16.(a) TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY LYNN BURNETT TO REVISE RESIDENTIAL PIER AND FLOAT.BAYWARD OF 2209 BAYSIDE DRIVE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commissiong 2. Approval of the Army Corps of Engineers 3. Approval of plans and specifications by the Public Works Department 4. That the pier be held to the maximum dimensions set by the City standard of 101 x 141. Discq9qi9n-: This application is before the City Council as required by Section 23.T. of the Harbor Permit Policies, which states: 23.T. "U.S. Bulkhead Sta Piers shall be --------------- t - subject o special permits approved by the City Council". The applicant proposes removing an existing pier and float and relocating them to the west side of the property. The pier will be in substantially the same dimension as the original pier. However, the dimensions at the large portion of the pier are required to meet existing City standards of a maximum dimension of 10' x 14', rather than the 141 x 171 proposed. The floating portion of the dock is currently oriented facing directly bayward of the property. The new, proposed float will be oriented toward the channel entrance, to better ride with the weather when there are swells in the channel. Because of the new float orientation, navigation in and out of adjoining slips could be perceived as a potential problem. To reduce this possibility, the applicant has contacted adjacent property owners for their approval of the proposed dock design and its orientation. Both adjacent property owners have been notified that this matter will be before the City Council. on this date. Tony Melum, Tidelands Administrator C/ r 'ed�-4 �-- V I Ae, 28 't. r z A 7- 0 Ve, 4— VICIMITY SXKE if- rry Ni'ZPOWr SAY, CAL IFORMIA jer,r sbur;d,�qs ore r,,,t 0.., cl,,o Oh 5 below lLico,, Lower Zow t�IoXer. A-fox,�� por,ge 0/' /iold Aeb'ho, /,e7es Ore 7'h;:S 5CC1101, O1e'1VeWP111 Sar. A -OV 3 'e,oge" .,Ie jT 41 Ir W -W 7-,0 A c 7- A -Ao�APD�zgess-1 �af��2A-* W�rz7a 102- rO AE I&S BURNFIT-EFILINE DEVEOPMENT CQ March 1, 1989 Mr. Sam Kniss Traut Wein Brothers 2410 Newport Blvd. Newport Beach, CA 92663 Re: Drawing for the pier relocation project Dear Sam: Enclosed please find the drawing for the pier relocation project signed by my neighbor, Mr. Wheeler. Should you have any questions, please don't hesitate to contact me. Sincerely, Lynntnett CLB:mjh Enclosure 205OSouthS;mtaCruz Street, Suite 100 -Anaheim, CA 92805 .(714) 978-0366 lu"late w- Boizadteu WATERFRONT CONSTRUCTION Lynn Burnett 2209 Bayside Drive Corona Del Mar, CA 92625 Re: New dock, pier and seawall Dear Mr. Burnett: 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 C.Mr.d.r, Lic.... N.. 451559 July 29, 19ee Tony Melum of the City called regarding the alignment of the dock. He felt we were restricting the entrance to the dock at 2137 and we would not have access past the dock at 2215. Enclosed please find a new drawing that reflects the rotation of the dock which should provide the necessary clearances. I have also enclosed extra copies of the drawing that needs to be initialed by the adjoining property owners (2137 and 2215) as required by the City. If you have any questions, feel free to contart me. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Samuel F. Kniss WATERFRONT CONSTRUCTION City of Newport Beach P. O, Box 1768 Newport Beach, CA 92658`8915 Attn: Tony Melum - Tidelands Administrator Re: Revised permit for Lynn Burnett P209 8ayside Drive Dear Tony: 2410 Newport Boulevard Newport Beach, California 92663^379V Telephone (714) 673~1960 m"trcdo*uca,..No. 45155p February 8, 1909 Enclosed please find a new permit card and drawings for the above referenced. We have revised the drawing, deleting the new seawall, since it was denied by the Corps of Engineers and Fish & Game. [ paid the fee originally of $ 590.00` which means I will have a credit of $430.00" Feel free to contact me at any time, Sincerely, TRAUTWEIN BROTHERS 8 WATERFRONT CONSTRUCTION U'//O� Saw"l F. K`iss�����----- WATERFRONT CONSTRUCTION City of Newport Beach P. 0. Box 1768 Newport Beach, CA 9265e-8915 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-1960 Contractors License No. 451559 March 22, 1989 Attention: Tony Melum - Tidelands Administrator Re- Revised permit -for Lynn Burnett 2209 Dayside Drive Dear Tony: Enclosed are copies of my original and revised permit "cards" and a copy of my letter dated 2/8/89 for the above referenced. Has the Ci ty Council approved the permit or is there some additional information needed? I have almost all the approvals and should be ready to submit to the Coastal Commission very soon . Thanks in advance. S E incerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION Samu e I F Kdiss 5watawW 134d4eu WATERFRONT CONSTRUCTION City of Newport Beach P. 0. Box 1760 Newport Beach, CA 9265e --e913 Attn: Tony Melum — Tidelands Administrator Re: Revised permit -for Lynn Burnett 2209 gayside Drive Dear Tony: 2410 Newport Boulevard Newport Beach, California 92663-3798 Telephone (714) 673-7960 Controdors LIcense No. 451559 February 8, 1989 Enclosed please find a new permit card and drawings for the above reFerenced. We have revised the drawing, deleting the new seawall, since it was denied by the Corps of Engineers and Fish & Game. I paid the fee originally of $ 590.00, which means I will have a credit of $430.00. Feel free to contact me at any time. Sincerely, TRAUTWEIN BROTHERS WATERFRONT CONSTRUCTION --------------------- Samuel F. Kniss TRAUTWEIN BROS. WATERFRONT CONSTRUCTION Geiieral Engineering Convactors 2410 Newport Blvd. Newport Beach, Calif. 92663 (714) 673-1960 r I)CA71120 -2- Pme P � PI-ArAORM 3 P 'A 20 , IZA m (7 AICO VOe I Pff-e i* SUBJ SHEET JOB rr PAIVV A 4 4 1 14 1 17' 92 1 i. /7 13 28 BY. M DATE CHKD. BY— DATE -s-C'4e— E. / I'= 56 , Re eoeAr'� IV/ ef R 4 ?z A re 6 A A? Lt?Crr'j-y &Y, '06 --le I q Pt 4. r� STATE OF CALIFORNIA—THE RESOURCES ArN�Hcy---" CXOR06 DEUKMEJIAN, C�vornor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 WEST BROADWAY, SUITE 300 LONG BEACH, CA W802 (213) 390-5071 Date: January 30, 1989 TO: Ads Collie Q� 144 N. Orange St. '141n Orange, CA 92666 SUBJECT: Waiver of Coastal Development Permit Requirement/Do Minimi.s. Developments -Section 30624.7 of the Coastal Act Based on your project plans and information provided in your permit application for the development Aescribed 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 #_�-88-j32 APPLICANT: C. L. Burnett LOCATION! 2209 Bayside Dr., NEWPORT BEACH PROPOSED DEVELOPMENT: Demolition of a single family residence and construct 9565 sq. ft. 2 story, 29 foot high, single family residence on a bayfront lot with 8 parking spaces. RATIONALE: Project meets all City zoning requirements, LUP policies and standards, is within stringline and is otherwise consistent with all coastal resource and public access policies of the Coastal Act. . This waiver will not become effective until reported to the Commission at their March 7-10 1989 , 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. CHARLES DAMM by South Coast,District Director cc: Commissioners/File A PERMITAPPLICATION FOR DEVELOPMENT ON THIS SITE IS PENDING BEFO RE THE CALIFORNIA COASTAL COMMISSION. PROPOSED DEVELOPMENT: WAIVER OF COASTAL PERMIT REqUIREMENTS: Relocate the pier 76 feet to the west, demolish the dock, dock pile, and ramp and construct a dock,, dock Rile and ramp in the new location. LOCATION: 2209 Bayside Dr., CORONA DEL MAR APPLICANT: Lynn Burnett APPLICATION NUMBER: 5 - 8 9 - 4 17 DATE NOTICE POSTED: FOR FURTHER INFORMATION PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN 8 AM AND � PMj WEEKDAYS* CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA OFFICE PO BOX 1450 245 WEST BROADWAY, STE 380 LONG BEACH, CA 90802 (213) 590-5071 PERMIT NO. DREDGING APPLICATION Project Location: Cubic Yards to be Dredged: 5�06 Method of Dredging: /4 elm 5-(, 1-1h Nature Of Dredged Material: Disposition of Dredged Material: hau� Method of Material Disposition: N411,D _Anqw�4 ;� /, t Turbidity Control Method: Ef f ect of drudging on contiguous bulkheading and beaches IV; -11 rej;?ee� I, (print Ti—ame) r hereby state that I have read the U. S. Army Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beac h 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. Inr, 1_�IW 8& V (Applicant -type name) (Contractor- type nam_e_T� (Date) Signed: Conttactor s Representative �-& 4 cll"f4 ff-I U&M 4&lng S 010 VACWejr$d*d On &V�4 *ago o�pao, dvop 004 a oelow ol-reav towe, dow wbot'r'. pimpd, W/, 100'ale Q^Orvalmo,4.1�, V4," 1,04W60e are- efookMoAdpop fip IfA,s j9drekao olrAjv� .4wif 'gar. I / / . I I _:_j 6' Am� a_ A"o-L 0 A 0 " -nF% Wj� 7%,EWPORT BEACH PERMIT piEWMISSION to HERCUY GRANTED TO CONSTRUCT AND MAINTAIN THE rACILITY SHOWN ON THE RCVEH9E fit"90F. AT THE SITE INDICATED, SUBJECT TO THE FROWSIONS OF THE IIARS&Q PERMIT POLICIES or NEWPORT 6FACH ANO ANY SPECIAL CofjOITIONS LIsTro "EVECH. T413 PERFRIl is NOT TRANSFERASLE Wi-MOUT INE VVV7.kv.T!!M C"SENT 0; THE CITV HARBOR COORDWATOR OR CITY COUMCM. THL R1014TS GjvFN UNDER nj'"iS PEWAIT ARE PEr.loSSOlVi: O"L; AND THIS PCHMIT FA.4.V. OL RrVOKED BY THE CiT'( COUNCA w IN ACCORDANCt WITH TITLE 17 SC "AlL COOK. SPEM CONDITIONS: Corps Of fq#mrs Permft Orsnge County Pirmit 01har A� 6�� PERMIT ISSUED SUBJECT TO DREDGE MATERm IWING HAULEDTOSFA ------- PtACED ON 9EACH-- 'g- -4 V 0 /40 �— -e- Z-69 � C/ lvgFwpo,-,r rO <1 k2- 0 OA14 0 VICIAJITY Nx.;mv� ISAY C'U'PoRN" jerr ILI. O'e exlpcsse,d of��Ole, ofop,'As below Alca� Lower Low Wo,�&e. rO�?& OPPrOX/�01(-/,y /0 "!'&'/ -'YaIhOl /1�715 c2re /;7 secyl,04 010M, P -S r-122� V r WALL 44' 1 NN HoH rov LH ,4,ppi-1cA,L1rs 79AC7' -Ioe Aoozessl�Zaj PA-�r,*IwV, r:�,u 14,07. CoAlrrA C roc CITY OF NEWPORT BEACFf Op. HARBOR PERMIT PERMISSION is IlEnE:ay CRANTED To CONSTRtICT ANC MAINTAIN THE FACILITY lkja,�Vpo ON THE r 'IT �LV,,r, 'r"E SITE INDICA�,,D -�U�7JECY TO 7-41- . pr,�,-';E HEREOF r"E HARBOR pf- (., L, U, - �avisjoNs 0. ANY COND,.;.Ie E� OF N' 'T CrACH AN, Rp�lt,� UlEFZLOIN TH!F, PERM: is No,r TRIANSFE, S' L' RIGHTS GV% rHE CITY HARHioij C1.1,),, Lf'I"i'HE Wl-tl 'N CONSENT ,rN UNDEE, yt�, p a!" 0;1 CUT" �-Cl,JNCIJL. 'rfj ANA) THis qR-v PERN"ISSIVE ONL, PERMIT MAY eL tj�Vj -y cOuNcl, IN ACCORDANCE 'WITH T9TLF 1-7 CKr `E !� UKiCIPAL CODE. CITY HA --- "OR A% �PA II JV r Y, 0 V I C I PJ I TY K E T C J -�7 4 PO� j5A Y, Ore ?,A;s zec/"" oc-,Vw . t:�2 99 �w pc;z f)�l J�,4A�r'q AAd�f 2(,'I),k) /5?V(bJC-7-,- -/l WALL r n HrHTIM: I wro U4. 7/z 0A EWPORT SEA --- Cl� c7L`F��. L—lan—B y urxlje-Lt Irl R-& -S S -u Dr. --------- --2-2.0.9_Bay _$ide Dr. APPROVED Uy, . --,..a.yside 1� 0' - . - 66 F5L9 ........... - - -_ 13254 �6/20/88 A A ��Ll I -1 C T' ' ON '9 i. ;7,7 '-T.-D'-KFO�7 i� . . ; " - -.- ......... — IA r '0 OCHO . RA CONSTRUCT/R Xxmv—a—s-e.aw.ad-lk'-" . T U- C T/R D' a ERGS AT TNC ADC�C LOCATION )acl--do_cl T TR C AD OV " L OCA N IN ACCORDANCE WIT, THE CITY OF N P. R T 13 EA C H P. NEWPORT IBEACH PERMIT COUNCIL R'I T POLICIES AND THE ATrACHC.D DRAWING 'E r we 3_n B r o,Z'Lu�q-in-Bros,.-!La�-�r t PUBLIC WORKS DEPT, -�,�(�n D 8 DATCO__._ 5/25/ ESCROW _ DATE 6 /-2 0 8 INSPECTION EIRNATLISE . . . ...... PECIAL EWPORT SEA --- Cl� c7L`F��. Cl 7- Y - rot.., P'.J. IL, 0 VIC) PJ I TY Sk E T C DAY jtrrr 'FORNIA 5`bUl)d'�95 Old eARIC C5 0.0' ol'�Ole oldp?A� low&, IoW WOXI�— ro�qe /0 4'&". AiO'hoe "'�7C5 Cr, c,?Oh1'5heo` "A;S cq 291" rci �7' i -4� rl�- 4'4!� n iZ '! L n Hr,44 -rim rs Az�4,we: 2 t,�A) A) /?b t'2. ii t-�' ..... .. 7�!AC7- -/c,5 Aeezess:,�-�al r:�;u 4,P?- CoA,-rVA C ro 0 A 7-e C/ r AL IL L0, It h V-1 15 yj I A ��o , 0 ce--, VICI M I TY SRETC�T.- "r ir 6 PaWr SAY, CAL tFORNIA sbumol,^95 0,4 -er� once 00�,no/& 010, -OAS below /�Tco� Lower low ponpe 0/' h"cF'c 47��Cf. Iyc,hoe 4�7es Ore -SCCY�,,. #�4�z �5 z137 4W LLJ.A LL n HK-oA4 TIM LH. NNI 2 �-k) A) a e -,e, 7,-e A c 7- C. V M, r: -u CeAereAcroAe, 5,'f*1eA-m5_s OA rdC,, -112,2.1E8 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 November 12, 1987 C.L. Burnett 2209 Bayside Drive Corona del Mar, CA 92625 Re: Harbor Permit 105-2209 Dear Sir: We are transferring this pier permit to you from Mr. Buttner. As you will note from the attached letter, some electrical work was required on the pier and float. Our -.ast inspection on 4/10/87 indicated that this work hid not been done. The anti -syphon device was as required. Although we are transferring the time, this is to inform you that work does not meet the conditions Permit Policies. Yours truly Tony 71um Tidelands Administrator by db permit at this the electrical of the Harbor OUR RECORDS SHOW THAT THE ANNUAL PERMIT FEE DUE HAS NOT BEEN PAID FOR TWO YEARS. The amount due is now $140. The annual permit fee is $35. Because it was not paid, it has gone to full penalty for two years, making the total of $140. 3300 Newport Boulevard, Newport Beach Cl I'-- lev, C,Al2f VICIPJITY SKETC��-. X Aixw-po� SAY CAL'ooft"'A t 010,P OA s be/ow lwvo� t.w" Low 610�4e,. ro�pe 0/' 11"e, 104-C4 A�n,bo, " '�C3 ezioblishwal � ?,A's Secio" orVLw ,~', 507-. Ir 39 Ff I I LN 4 17 m LW 4 pm, AIA",&, C14e�C-1<' IFUYrAAC-W- 7,CACr- C. vm OF NEWPORT -5F,`4VH PERWHSSION IS AND TA�NTAIP TVF. AT T14E SSTZ -'ZONS OF THE 4ART��Ml AND AHV SpEcim. cclN11Z�l'll-;V,,-c-,-,, ficrr THE VVY IqAnnon PUGHTS cv'lue U 11.1 ih".'� lll'q-�,.lmll PRE'i YUNS MAY UW CZVi (�GVNC5L iN ACCORDANCE %VTn IMLE U Olj*E OURSOVAL Coot:. to -7:- K7 Awn. CLAA.�-r�— cc oer 1v'F'v'wo'er try go -A., Ll it VICIMITY 5J<F-TC4.- Ajwwwr-~� DAY C� jxom�'A Avo'b" "o"' are eziobleshed Till. 77 ------------ n gircj*044 -nm AIAAfg: OA rdf; 71ZA9 7 CITY OF NEWPORT BEACH March 23, 1967 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Charles Buttner PO Box 1425 Newport Beach, CA 92663 Re: Harbor Permit 0105-2209-1 Sir: Attached is a copy of a letter sent at the time a pier transfer was requested. We have since received the transfer card and transfer fee. Inspection of the pier on 3/20/87 indicates that the deficiencies have not been corrected. Please inform the Marine Department at 644-3044 when the corrections have been made and we will reinspect the facili-ty and transfer the pier permit if indicated. Yours truly, Tony Melum, Tidelands Administrator by db 3300 Newport Boulevard, Newport Beach .1 ,IF . . I CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 March 16, 1987 Charles Buttner 2209 Bayside Drive Corona del.Mar, CA 926H Dear S.ir: A check of the City Harbor Permit fi'les has shown that the permit for the pier and float at 2209 Bayside Drive Newport Beach, is registered to Polly Royce. A transfer application must.be completed and a transfer fee paid each time the permit has changed ownership. Chapter 17.24.030 of the Municipal Code addresses the transfer of a pier permit and reads as follows: "No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City." Failure to pay the transfer fees can be grounds for revocation of the Harbor Permit in accordance with Chapter 17.24.090 of the Municipal Code. Your cooperation in bringing this permit up to date will avoid any action by the City. Yours truly, Tony Me m Tidelands dministrator Telephone: 714-644-3044 TM: db 3300 Newport Boulevard, Newport Beach STATUS SHEET HARBOR PERMIT TRANSFER LOCATION I lo 47 Z�e 171, -_PERMIT NO. Z_-to,� Sel I er 1021c�, ill, Buyer r r Date Application Received: -34e4T nl_:��Date Fee Received: _&�� 5' 7 Request for Inspection made by: Escrow Co Da te ./- ?--f -,?-7 Escrow Officer Escrow No. Address . 9- 'Ir 3 69 4�1 - fo-'e, r q�,� — Phone: Date Inspection made: c, Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 4. 3LrucLurai: L11/rI.— 01 A 5.OTHER: REMARKS: Inspected by: �k J;x Cl r ',�) Irl /7 I - vpopzl 'IF,: I'- IN, 5�, VICIMITY SkETCH Nm�pomr 54Y CAL 'PORN', 5'041�d,�95 O'd &ApcVscd � loe� 0,,'y O(v,O �A 5 be/ow Alco� Zowe� 40W 6,,614&e. ro�qe O/� hVe /0 pee -1 Ho,00, I�C5 are c i0bleshoce m 'lh,s �ec)"On �50r. LLJA L'- \ , �fl f 1-T Ax INIVAfli Hk�H TIr-t LH - 7- T -Z.4 C r .4.00j lc-,QLlr5 A14A.;,,- 1 -X�e C�A17WA C 7-0 x DA 71t�- C' w CITY OF NEWPORr REACH HARBOR PERMIT PEr?MISSlON IS "ERF-HY GRANTED TO CONSTRUCT ANV MAINTAIN TkIL FACIMTY SHOWN ON THE REVEP-,;,r HEREOF AT THE SITE 1NDICATED, SUFJECT TO THE fqjov'� T14E HARBOR PERM�T POLICIES OF NEWPORT F' - ANY SPECIAL CoRnITSONS LMTED HEREON, T _170� H AN' IS NOT TnANSFEI.-Jp�aLE �V��FHOUT II�5 ,C WRITTEN, rHE CITY NARBS�I-j itft�HTS QVVEN Up,4B,-,j RD�UATOR 051 ClTy "'UKCfL- Tk, . TPig FELIMIT ARV PEnwjSSjVr ONL AND THIS PErmIT MAY fir Rzvot<ED By THE CITY COUNCIf IN ACCORDANCE WI -j -H -rITLE 17 OF THE MUNICIPAL CODE. CITY "A�-R-80R IT NO. 9ATE C7 DREDGING APPLICATION Project Location:— 2209 Bayside Drive Cubic Yards to be Dredged: 185 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt PERMIT NO. 2,;? C � Disposition Of Dredged Material: Place material on adjacent beach Method of Material Disposition:- Pump through discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site Effect of dredging on contiguous bulkheading and beaches Will restore depl6ted beach WM, L Harris hereby state that I have read the U. S. Army (prin� 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. Polly Royce (Applicant -type name) 7/5/78 (Date) Shellmaker, Inc. (Contractor -type name-) Signed: Representative C1r, >-- N,�c-,vcopr- LI VICIMITY SkETCH po,:Z N'�,o"r 13 -AY, CAL IPORNIA P,, V&T'I 5'0(/�0'1195 Old &AOasscol fee? ona a"Ole &0�-?A5 below Wco� lower ZOW 440*,�n ro,,9'e of 6.1, /0".07, Alorho, /,�Cs are e iobl'she" .w, Y,4;s s(rc,"O" Oryvew""l 5,r. Drl'Ve. Re 2 L ril L Tr rLrI 'I F, 32 14 A01 / eA" 7-,a R/41 /-'10 Yf e /'�m ql-jz "Tes�b 3,VY le.07-P,1�2 a(K, 7AA Vr ['14"a 490eess: 220q z3o-Y.61de Dy-l'ye ICOAerfACTOA-SAe11Inke, O.A71e*3171 CITY OF NEWPORT BEAC" HARBOR PET,-M',,HT i 7r EIZUL S MA4M-AIN THE c Ak AT THO ANY . 1W IS NOT, V. THE Ryv,lMili VV tN, AND ',OAL DID IN ACCORVANC jj )'J'f U! TMIR wil, �40 - DATE—— i;ERMiT NO. APEC,�All. COPPs Of Esl--liree-rs Pomit !"-(o-77 Olraklg�e counly permit Other: AUTHORiZED By e5'FY COUNCIL I C/ r Y- oc. N-rwooer F- 190 1�4 Sq' 1 1 IHI q Old to.a., dq 0 -S)Z)pe VIC) M I TY SKETCH "r AFrTr p"j; Se��e:!q�jqbbo, JV40p,,TZ, NawpoRr DAY, CAL WIRMIA jefr avpeAs below 41con, Low,, ZOW k/0"". ro�qe 0/' lo'-we'e. e- Drl'Ye- are d , Yobllshe,ar 1.4 yt.4's Sect".. a V .0 PC A n f -T 1.x 41, D k32 Lj saa )e : I P -M Y7-32 /T'es�b JVY 4,0-01 le-AAgrS Al-4Aecel loell5" 1��Yce 0 7--;fW2 a 4Ir, 23AC7' 4,,a �490eCSS! aP-Oi Lr;ve 40.4-reL/ZA/2 MARINE DEPARTMENT July 24, 1978 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATIONS NUMBERS 124-3300, 109-1501, AND 105-2209 FOR MAINTENANCE DREDGING Recommendations 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 issued by the U. S. Army 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: 124-3300 Lido Sailing Club, 3300 Via Lido 109-1501 Mable J. Bauer, 1501 East Bay Avenue 109-2209 Polly Royce, 2209 Bayside Drive 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 at the residential sites, permits number 109-1501 and 105-2209. At 3300 Via Lido, permit number 124-3300, the dredging contractor will dispose of the dredged material at sea at the Environmental Protection Agency's designated disposal site. There is no known eel grass in the vicinity of the projects. The residential projects will aide in the restoration of beaches bayward of private residences. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT G e AnE. e I d ye/ Tidelands Administrator GEW:TM:ll I r K mc- -StIr E up -W (�o L? 't �- A, rl�, m I ILI' 0A1, '4. C, 0 To cle-1 3"1 -G)Dpe I VICIMITY SKETCH 4rrr 1�660, N �'T2. Na�pomr DAy, CAt IFORNIA jef'r V, S,M/-O,,�95 a', VARrassco, 1. r,,,4 ,ye,- eh 5 below A�aon Lower LOW War,, -r. eon?e ai, VY." 0 A0 A,&". eyarbo, /,jr7cs 1/P- r i'vle- Ore c , Y(;61e'5hmT,;? 5CC1,0, oyr�vew,,l f?e -5 "L, 3 4/ P A n 2 Ff rUj 1;�K arss: "0201? 'go-Y-51cle 1Z 3 /17 CITY OF NEWPORT BEACH HARBOR FERHAN PERMISSION IS R,,R..13y GRANT,-" "NSTPUCT ;lpr- HL'mov MAINTAIN THE FAC"""V IP -V 01 ti, AT THE SITF- 'D H AW THE HAROOR ANY 5K.It'll.iAlL Alq*-N!!",,lD;45, TP is wolf THR OF,'y R "Jif AND 7�1�ft "Hphiv IN ACCORVANC�F WITH 1,R -LE ) -)- 0 PERMIT Nu - CITY "Arq��H% DATE 4SFEcyp'.'f" cumorg, !, i fc, ��is: Cori's of Permit �--/0-77 Orange cou�ltv pormit Other: //e2 S- - ,� �z 6 1 CITY OF NEWPORT BEACM February 7, 1978 Bank of Newport 2200 E. Coast Highway Corona del Mar, CA 92663 Attn: Lou Murray, Escrow Department Escrow # 1374-2 Dear Sir: The City of Newport Beach has received an application to transfer pier permit #105-2209 for the property located at 2209 Bayside Drive. The structure was inspected on February 6, 1978, at which time it was determined that the following deficiencies exist. 1. Electrical wires down to float are not incased in conduit. 2. There is no -anti -siphon valve on the water line down to the pier. 3. Dry rot and loose boards on the bayward side of the float must be replaced and resecured where necessary. 4. There is a chain link fence on the property which is about 30' to 50' long and extends into the waters of the bay. There is no permit on file for this structure. This is in violation of Section 3 (a) of City Council's Harbor Permit Policies which states: "3-a. No person or agency shall build, maintain, extend or make structural alternations on any building, pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, without first obtaining a written permit to do so from the City." For the fence to remain, a permit would have to be issued and an exception to the Harbor Permit Policies granted by the City Council. However, it would be the recommendation of staff that it be removed. City Hall e 3300 Newport Boulevard, Newport Beacb, California 92663 Page Two Lou Murray In accordance with Section 10(d) of the City's Harbor Permit Policies, "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected within six months from date of transfer." A permit for this work must be obtained from the Community Development Department. Would you please advise this department when these requirements have been met. At that time, upon receipt of $150 transfer fee and the completed forms, this pier permit will be transferred as required. If you have any questions, please contact me at 640-2156. Thank you for your cooperation. Si ncerely, Ray Garver Tidelands Aide Marine Department RG: I I CIT� dNEWPORT MARIN DOARTMENT INS PEC ION� REQUEST TO: FROM: LOCATION: PERMIT #: Our inspection of the piver and slip at the above address for conformance with the City's Harbor Permit Policies revealed the followinq items mav not be in conformanr.p with NI -v Upon completion of your inspection, please return one copy of this request with your recommendations and/or actions to the Marine Department, Date Signature Remarks CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION -In person Ad d r e s s :. 2 7_ 2_ Telecon TO: Div. : SUBJECT: Outline of nformation received given �2c4m_ic," �e -17 C = S -iez. File: ) ;? 2 Date: -2,��ZZ76 Action Required Person Responsible Date Due: STATUS SHEET HARBOR PERMITS TRANSFER I Location za,� lly- Date Application Received. �- -�- -n Oral Request for Inspection Escrow Co. to ua� nkr ry) f RZ�Y4 12 Date lnspection Made )O�C-7-7--Oq Permit # Fee Rec'd Date Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) Date Transfer Completed —/34 'S IP�- _ A V VICINITY SKETCH t4awroPT nAY, CALIFOfTNIA Cp Ala, 6�� Y 117 a 2 207? June 14, 1974 Ms. Polly M. Royce 2209 Bayside Drive Newport Beach, California Dear Ms. Royce: The Orange County Harbors, Beaches and Parks Commission has approved your application for a transfer of ownership. Your permit is attached; a copy of the permit is being forwarded to the City of Newport Beach; and a receipt for the application fee is being forwarded to the Bank of Newport. Very truly yours, HARBORS, BEACHES AND PARKS DISTRICT KENNETH SAMPSON, Director DARYL FAULKNER Concession Manager Dr-:gc Attachment cc: 3ank of Newport, Dover at 16th ,.,,Dave Harshbarger, (W/permit) STATUS SHEET HARBOR PERMITS TRANSFER Location ZOO? Zc? \/. �; �k I Date Application Received— 5 -�o -7 -9T-a'r Request for Inspe t C� Z,47 ion Escrow Co. t 7 .:1/- 7 �-Date Inspection Made Permit # IOS--22r)7 Fee Rec'd Date- kL /0 - -7 (4 Date Deficiency Letter Sent (if applicable) I Date Deficiency Corrected (if applicable) I,- Date Orange County Notified (if applicable) -7- �'XDate Transfer Completed f;;; Bank Newport May 8, 1974 City of Newport Beach marine Safety Department 3300 Newport Boulevard Newport Beach, California Re: Escrow no. 1897 Gentlemen - In connection with the above numbered escrow which closed this date you will find enclosed our check in the amount of $50.00 representing transfer fee and completed application form. Sincerely, _4D e RUstan e 9scrow Department L!� _-Z 107 DOVER AT SIXTEENTH STREET -NEWPORT BEACH, CALIFORNIA 926600645-5333 Date H � a L 9 NON-COMMERCIAL USE APPLICATION [P�ransfer of Ownership 7 New Installation Application is hereby made for a non-exclusive revocable permit for a E:] Major Revision of a structure located on Orange County Tidelands as shown on the attached exhibit. The appli- cant agrees that the use of the aforesaid tidelands will be in accordance with the conditions listed on the reverse side hereof. The $10.00 application fee is attached and It is understood the fee is non-refundable. The applicant certifies that he is an owner or long term leaseholder of the adjacent uplands. SIGNATURE TYPE OR PRINT NA.E ADDRESS NON-COMMERCIAL USE PERMIT Erfransfer of Ownership E] New Installation A non-exclusive revocable permit for a 0 Major Division of a structure located on County tidelands is hereby granted to the owner or long term leaseholder of the adjacent uplands, for the purpose of encouraging recreational boating in Newport Harbor. The permit is subject to all con- ditions and limitations referred to in the application. IN WITNESS WHEREOF, the Director of Harbors, Beaches and Parks, Acting on Authority dele- gated by Board of Supervisors Resolutions 69-836, 70-32 and 71-1399, hereby grants the Permit on behalf of the County. MP 'i' ENNETH SAMPEW,,-D rectoV6f Harbors, Beaches and Parks (981 8/22/72 CONDITIONS The Applicant Warrants and Agrees That: I . The attached exhibit furnished by the applicant shows accurately the location, extent, and character of the work for which this permit is granted. 2. The County tidelands utilized under this permit are for the recreational use of the fee owners or long-term lease holders of the adjacent uplands, and if the facilities are rented, leased, or used in any manner for the applicant's financial gain, the permit will be automatically forfeited. 3. This permit is not subject to transfer, assignment, alienation, pledging or hypothecation; any change in owner- ship requires a now permit. 4. The County of Orange retains authority to cancel the permit without cause upon 30 days written notice to the Permittee's current mailing address kept on file with the Orange County Harbors, Beaches and Parks District, 1901 Boyside Drive, Newport Beach, California 92662. 5. In the event the Permittee is requested to remove any facilities, the removal will be mode and the site restored to its prior unimproved condition at no expense to the County or the District. If the facilities are not removed as requested, the Permittee acknowledges the financial responsibility and agrees to reimburse the County or the District for any expense incurred in the removal of the facilities. 6. All facilities covered by this permit shall be maintained in good repair and failure to comply will be cause for cancellation of the permit. 7. The permit shall be automatically forfeited in the event the facilities are unused by the applicant for a period of one year. 8. The County has adopted a policy for the renting of tidelands to the adjacent property owners. The area covered by this permit will be subject to the fee so established by Resolution 71-1399. 9. The County of Orange and the Orange County Harbors, Beaches and Parks District shall be hold harmless from any and all liabilities arising out of use of these tidelands. 10. This permit does not eliminate the need for other permits for construction and use of facilities, as may be re- quired by other governmental agencies. 11. The improvement is limited to a single pier and flout or slip boyward of each parcel or lot. SPECIAL CONDITIONS The undersigned further agrees to the Special Conditions listed above. P0 19 CITY OF NEWPORT BEACH "I F0 Vol . .1-anuary 30 1987 Robert Trown 2436 West Coast Highway Newport Beach, CK 92663 Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 105-2209 for the property located at 2209 Bawside Drivp, Newport Beach, California. The structure was i-nspected on 12/30/87 at which time it was determined that the following deficiencies exist:, 1. A Cfty-apnroved anti-svpbbn device is rpquired at the watpr connection. 0 -7 to thp pipr and float. 2. The electrical blug.box nepds to b� attached to the dock. Thp elpctrical -jj��wiring MUST be enclosed in conduit. 4:-e 3. 4. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be corrected ...... 11, it will be necessary for these to be corrected. A permit for any electrical or plumbing work must be obtained from the Building Department of the City. All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please cont'act me at 644-3044. Thank you for your cooperation. Sincerely, Tony M7 --1m Tidelands Administrator City Hall - 3300 Newport Boulevard, Newport Bead, I California 92663 1 ml Aei- laq.r-2ZO7 I A7, ca 0 VICINITY SKETCH �211 /-`4 A IV MAILING A0041,S PERMIT 2209 B yside r TELEPHONE N APPROVED BY, side r. DATE - CHE K No 04TE 978- 3 6 5 0. 3254 ' 6/2'0/88 APPLICATION IS HERESY IA FOR A MARS R F�WIT OCND 10 CONSTRUCr/RjWX t%?sdo ENGR COUNCIL 4T THE ABO�E LOCATION IN ACCORDANCE WITH THE CITY OF Nc PORT BEACH PERMIT POLICIES AND THE ATTACH,, DRAWING au!M79.11 1, s,T �BrOs- Waterfront Congt. -0N DEPT --�-Z C MPANY DA D ESCROW TE 6_/ INSPECTION [Ell SIGNATURE El SPECIAL CoNnivp^-- H. -X I.R. NAME ADDRESS OF PROPOSED FACILITY PERMIT I BLIRNETT 2209 Bayside Driove 105-2209 MAILING ADDRES DAM s 11-2-92 706 Harbor Island Drive 673 93 28C APPROVED BY DAM AP OCHD CONSTRUCTMEVISEA_DOCX AND PIER AT TIIE ABOVE LOCATION IN AGCOHDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND TI -IE ATTACHED DRAWING COUNCIL By SWIFT SLIP COMPANY ENGR PUBLIC WORKS DATED 11-2-92 DEPT. ESCROW DATE — 47 Z INSPEMION SIGNATIJRE SPECIAL CONDITIONS: NAME ADDRESS OF PROPOSED FACILITY PERMIT A Q. L.,BURNETT 12211 BAYSIDE DRIX 05-2211 1 _ MAIUNG.ADDR6SS TELEPHONE NO. /F 70L7 m&- If - :7 vKTI A, 706 Harbor Island Drive 673-9 1 103 11-2-92 APPROVED BY: DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO OCHO CONSTRUCTIREVISE A DOCK AND PIER AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF ENGR NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING COUNCIL BY SWIFT SLIP COMPANY PUBLIC WORKS DATED 11 -2-,Q2 DEPT. DATE Z - ESCROW INSPECTION CONDITIONS: NAME MAILING ADDRE""2050 S. Sta. Cruz CrrY OF NEWPORT BEACH. CALIF. WX FORM �1010 ADDRESS OF PROPOSED FACILITY PERMIT 0 I Alc - Wo - I FEE %A CHECK NO SPECIAL CONDITIONS CITY OF NEWPORT BEACH, CALIF. WX FORM 0 lOiO APPLICATION IS HEREBY MADE FOR A HARBOR PETIMIH IV F -I WNMUCT� A BULKHEAD OCHD V�� AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING ENGR RICHARD K. SHOGREN & ASSQCIATF-I COMPANY COUNCIL Ry DATED 6/06/90 Revised PUSUC WORKS DEPT. 1 0 DATE 6 11 0 ESCROW INSPECTION SIGNATURE 4�- --7 SPECIAL CONDITIONS CITY OF NEWPORT BEACH, CALIF. WX FORM 0 lOiO BUYERS' NAME(S) P,qPMFTT. C.L. A SYLVIA "'Row �-, OCHO Fl - END F�- COUNCIL D - PUBLIC WORKS DEPT. ESCROW LECTION 04ZV/# SP-A.L. -,NDITIONS - OF THE MUNICIPAL C : THT. ODE FACILITY: � I PE!Ml,� INLCK NO. _1 DATE IS HEREBY MADE TO TRANSFER HARBOR �PERM[T BURUM. C. L.4 BUYERS NAME(S) IABOVE NAMETI'rO BE TYPED) SYLVIA �F -SELLER �1111ATUIIIF BUYER �l 10INT OWNER APPL'CATION A PPROVIED CITY MARIO COORDINATOR 11 BE , ABLE By THE CITY C... L IN CITY OF NEWPORT BEACH. CALIF. - -SIGNATU�EOF BUYER I WITH �. F..M R ft2W'. "', �,O' el, I , � � I , :, '. ,� � i '! :� I - I I, � I I ; k I i I . , t I ll,� I , I � 1, '14'.. I - . I'l � , i ,- ! 1��: I , � ','I "o, , I-,. 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A 07-PP"i � T% A-RRANGEIAEI,if IL DETA : -V . . . . I I.11 -L, I= QI a I 1 4- 2 I � 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: Install temporary 8'x2O'timber docks as boat moorings for the First Team Real Estate Invitational Regatta on May 19-22, 2005. Dock moorings to be Seaflex lines with Helix anchors. Floats installed at private residential dock in Carnation Cove. Conditions will be attached to Special Events permit which the applicant is required to obtain. jProperty Address: 2209 Bayside Drive, Newport Beach, CA 92625 --1 Legal Description: 11-11arbor Permit Number: 105-2209 I Plan Check Number: NotApplicable -I jApplicant: Michael Rawlings, U.S. Mooring Systems I Applicant's Mailing Address: P.O. Box 15008, Long Beach, CA 90815 Phone Number: (714) 932-0704 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. And find Page 1 of 2 X They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or, o That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in conceot and said 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: )C 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 chancle 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 . I Signature: 4�2L i � rA6 Chris Miller, Harbor Resources Supervisor February 2, 2005 Attachments: Drawing Page 2 of 2 HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH ��hrl'� f-�Xy zlzlo�' CITY OF B'EACH UPPER M 0 00 ;NEWPO"R'T NmPoRT SAY c C4 . Sr 4s "Ew' /"� ISUND HELIX ANCHOR NEWPOffr PIER BAY WITH %" ANCHOR ,0,4c/pl/c oci��P; SHAFT AND 3 DISKS P; ELEVATIO SI T E JwEETsrY' � \ VICINITY MAP Ili EAST A�RT MY. M�A JE� SCOPE OF WORK: ,�NSTALL TEMPORARY 8'x2D' TIMBER DOCKS A&BOAT MDORINGS FOR.THE FIRST TEAM R b�,ESTATE. INVITATIONAL REGATTA. DOCK MOORINIGS TO BE SEAFLEX LINES WITH HELIX AKHORS DATE OF EVENTS: MAY 14-22, 2005 0 CITY MOORING AREA TEMPORARY 8'x2o' I DOCK MODULE CHANNEL MARKER SIX -65' DUE SSW FROM SITE PLAN DOCK CORNER SCALE 1"=100' SCALE I"=20' SEAFLEX SYSTEM SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. EXISTING SLIP LOCATE AT 2209 BAYSIDE DR � ��z 6, 1 ( \ V�W; A 'I APPLICANTS NAME: MICHAEL RAWLINGS, (714) 231-1800 EEL GRASS INSPECTION NO EEL GRASS)N ,MIN 15',OF.1 EEL GRASS It4"E PROJECT -A 41':�46ra Is -k 2.ne Fl�kel PROPERTY LINE m JOB ADDRESS: 2209 BAYSIDE DR I DATE: 26 JAN 2005 CITY OF NEWPORT BEACH TO qjQ& § �iffe r, Na �'C� 0 K e IM CITY ATTORNEY'S OFFICE FROM: Cristal McDonald, Office Assistant RE Civil Subpoena for Personal Appearance & Production of Documents and Things at Trial or Hearing CASE: Cyrus Tabaz v. Hoag Hospital Foundation, Inc. DATE : July 14, 2008 Our office is the agent for service of process for subpoenas. On July 11, 2008 our office was served with and accepted the attached Subpoena for "Personal Appearance and Production of Documents and Things at Trial or Hearing and Declaration" and the $150.00 draft. I have forwarded the original subpoena and witness fees to Lorrie Arcese. You are required to appear for your trial testimony at the following location: Date: August11,2008 Time: "On Call" Place Orange County Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 Dept: C-33 I have attached an On -Call Agreement which needs to be completed by you and mailed back immediately to Madory, Zell, Pleiss & McGrath. Upon your completion of your testimony, please notify Lorrie so that she can deposit the witness fee accordingly. Please call our office at x3131 should you have any questions. CCA cc: Lorrie Arcese, Harbor Resource (� ILI lo of - F:\users\cat\shared\da\pleadings\Subpenas\CMonCallAg.doc SUBP-002 ATTORNEY OR PARTY WfTHOUTATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY —Mark G. McGrath, Esq. SBN: 115982 Madory, Zell, Pleiss & McGrath, APC 17822 East 17th Street, Suite 205 Tustin, CA 92780 TELE PHONE NO.: (714) 832-3772 FAxNo.: (714) 832-7163 ATTORNEY FOR (Name): Defendant, HOAG HOSPITAL FOUNDATION, INC. RECE�VE NAME OF COURT: ORANGE COUNTY SUPERIOR COURT STREET ADDRESS: 700 Civic Center Drive West jUL 1 12008 NAILING ADDRESS: CITY AND ZIP CODE: Santa Ana, CA 92701 OITY ATTORNEY'S OFFICE BRANCH NAME Central Justice Center ILC H 'I _Op NLWingRIg�C C ---...TY PLAINTIFF/ PETITIONER: CYRUS TABAZ DEFENDANT/ RESPONDENT: HOAG HOSPITAL FOUNDATION, INC., et al. CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance CASE NUMBER: and Production of Documents and Things at Trial or Hearing 06CC11654 AND DECLARATION THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known): Chris Miller of the City of Newport Beach, Harbor Resources Division, 829 Harbor Island Dr., Newport Beach, CA 92660, (949) 644-3043 1, YOU ARE ORDERED TO APPEAR ASA WITNESS in this action at the date, time, and place shown in the box below UNLESS your appearance is excused as indicated inbox 3b below or you make an agreement with the person named in item 4 below. a. Date: 08/11/2008 Time: "ON CALL" F7X Dept.: C33 = Div,: Room: b. Address: 700 Civic Center Drive West, Santa Ana, CA 92701 1 2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1986.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 3. YOU ARE (item a or b must be checked): a. = Ordered to appear in person and to produce the records described in the declaration on page two or the attached declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. b. EA Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper), Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from item 1 in the box above. (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attorney or party listed at the top of this form. 4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name of subpoenaing party or attorney: Mark G. McGrath, b. Telephone number: (714) 832-3772 Esq. 5. WitnessFees: You are entitled to witness fees and mileage actually traveled both ways, as provided bylaw, if you request them -at the time of service. You may request them before your scheduled appearance from the person named in item 4. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: June 30, 2008 Mark G. McGrath, ESQ. (TYPE OR PRINT NAME) (SIGNATURE OF PERSONJSIJING SUBPOENA) Attorneys fgr Defendant (Declaration in support of subpoena on reverse) (TITLE) Page I of 3 Form Adopted for Mandatory Use CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE Code of Civil Procedure, Judicial co,ulcil Of California Legal 1985 .1 seq. SIJBP�002 (Rev. January 1. 2007) AND PRODUCTION OF DOCUMENTS AND THINGS Soluff, ns� AT TRIAL OR HEARING AND DECLARATION !:�k PC SUBP-002 PLAINTIFFIPETITIONER: CYRUS TABAZ CASE NUMBER 06CC11654 DEFENDANTIRESPONDENT: HOAG HOSPITAL FOUNDATION, INC., et al The production of the documents or the other things sought by the subpoena on page one is supported by (check one): r_X� the attached affidavit or declaration = the following declaration: DECLARAT16N IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING (Code Civ. Proc., §§ 1985,1987.5) 1. 1, the undersig! . )ed, declare lamthe =Plaintiff defendant = petitioner = respondent [!]attorney for (specify): Hoag Hospital other (specify): Foundation, Inc. in the above -entitled action. 2. The witness has possession or control of the following documents or other things and shall produce them at the time and place specified in the Civil Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing on page one of this form (specify the exact documents or other things to be produced): See Attachment = Continued on Attachment 2. 3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons: This action was filed by plaintiff, CYRUS TABAZ, as against defendant, HOAG HOSPITAL FOUNDATION, INC., on November 2, 2006. The Complaint is predicated upon claims for negligence and breach of contract surrounding property damage allegedly sustained to plaintiff's pier, ramp and dock structures'located at 2209 Bayside Dr., Corona Del Mar, CA during a fundraising activity sponsored by defendant in May 2005. The records requested will tend to either substantiate or repudiate the plaintiff's alleged claims for property -damage to his pier, ramp and dock structures. = Continued on Attachment 3. 4. These documents or other things described in paragraph 2 are material to the issues involved in this case for the following reasons: See #3 above. Also, the aforementioned documents contain evidence relating to matters witin the permissible scope of examination and information and will aid the parties at the time of trial. = Continued on Attachment 4. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 30, 2008 Mark. G.. . McGra.t,h, . CSq.� . . . . . . . . . . . . . (TYPE OR PRINT NAME) (SIGNATURE OF =SUBPOENAING PARTY LE ATTORNEY FOR (Proof of service an page three) SUBPOENAING PARTY) SUBP-002 [Rev. J.n,eary 1, 20071 CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE Pago 2 of 3 AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION PETITIONERMLAINTIFF: CYRUS TABAZ CASE NUMBER RESPONDENVIDEFENDANT: HOAG HOSPITAL FOUNDATION, INC. 06CC11654 Attachment to Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents and Things at Trial directed to: 1. Any and all photographs, video recordings, or other memorialized depiction of the plaintiffs dock located at 2209 Bayside Drive, Corona Del Mar, California taken or otherwise generated from 1998 up until the present time. 2. Any and all governmental permits, variances, and/or authorizations issued or signed by any governmental agency pertaining to the plaintiffs dock located at 2209 Bayside Drive, Corona Del Mar, California taken or otherwise generated from 1998 up until the present time. 3. Any and all correspondence, letters, e-mails, notes, memoranda, or other writings reflecting any communications by and between you and Cyrus Tabaz for the period of 1998 up to and including the present time. 4. Any and all correspondence, letters, e-mails, notes, memoranda, or other writings reflecting any communications by and between you and Frank Easterbrook for the period of 1998 up to and including the present time. 5. Any and all quotes, proposals, estimates, and contracts relating to the plaintiffs dock located at 2209 Bayside Drive, Corona Del Mar, California taken or otherwise generated from 1998 up until the present time. 6. Any and all engineering drawings, plans or renderings with regard to the plaintiffs dock located at 2209 Bayside Drive, Corona Del Mar, California taken or otherwise generated from 1998 up until the present time. so�u �14 Plun S' S Tabaz vs. Hoag Hospital Foundation OCSC Case No. 06M 1654 ON CALL AGREEMENT If you DO NOT wish to appear on the date specified on the Civil Subpena and want to be placed On Call, you must immediate! dothefollowing: (1), Call or his/her secretary at and advise them your desire to be placed "On Call"; and (2) Complete, execute and return this Agreement in the enclosed, self-addressed envelope within two (2) days from the date shown above. (3) 1 will not be available and , 2008 as on vacation, 1, ChO'T Mdle-1 hereby agree to be placed On Call. f Signatur ly Q/irl- Dated: 2008 9 ?- 9 HC1V6V :[�� la"d 0-Y , City and State Newport Beach, CA 2/1660 TelephoneNo. (,N� 6VY-AQV3 The "On Call" statute is within Code of Civil Procedure Section 1985.1, which reads: "Any person who is subpoenaed to appear at a session of court or at the trial of an issue therein may, in lieu of appearance at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon such notice as may be agreed upon. Any failure to appear pursuant to such agreement may be punished as contempt by the court issuing the subpoena. The facts establishing or disapproving such agreement and the failure to appear may be proved by an affidavit of any person having personal knowledge of the facts," F:\Cat\Shared\Pleading�SLibpenas\OnCallAgt@Trial.doc I"- V r c 41f , cn g., RG FAVA 1"N Ph ! fl J'a At� A oil' I;e_ 'A rt 2 "T N It k1k Ilk h" Al , 44, it I o ka IN MCI'. 121 Jim to !.Bl lj� 10 !.A r, �h I .moil I-- 2005-00216 COUNTY PROPERTY PERA41T Page 1 of 2 RAXASO 10.04:47A%l ENCROACHMENT PERMIT 4/12[2005 INSPECTION PHONE County of Orange PomiNo: 2005-00216 949-923-2250 Resources & Development Management Department Effective Date: 5/13/2005 County Property Permits 12:00:OOAM Inspection office shall be notified at least Expiration Date: 5/25/2005 TWO (2) WORK DAYS PRIOR to Main Office: 300 North Flower Street, Room 122 12:00:00AM commencing permitted use. FAILURE Santa Ana, California 92703-5001 TO OBTAIN INSPECTION SHALL � or P.O. Box 4048, Santa Ana, California 92702-4048 VOID THIS PERMIT (714) 834-3432 or (714) 834-5738 PERMITTEE Fax: (714) 835-7425 FACILITY Hoag Memorial Hospital Presbyterian One Hoag Drive Newport Beach, CA 92658 949-289-3761 Contact Person Mike Rawlings Telephone No. 949-289-3761 Type Facility Name ZNumber �7beo I Newport Harbor Tidelands HAT001 Insured HOAG MEMORIAL HOSPITAL PRESBYTERIAN Policy HP00622(04)Self-insur Expires 1/31/2006 [Counity/State/Flood] PERMITTED USE: Usm of Coinuy property is bereby authorized as follows, subject to provisions attached hereto: To temporary attach an d maintain a dock structur I e to an existing dock system iocated at 2209 Bayside Drive to accommadate up to 8 racing sailboats within Orange County's Newport Harbor Tidelands right-of-way to. allow boats to dock for ptrinittee's sailboat race event to be held on May 19, 2005 to May 22, 2005, installation of the temporary dock structure to begin on May 13, 2005 and removed by May 25, 2005, per site map and special provisions. attached and to the satisfaction of the assigned County Inspector. Code LOCATION OF WORK: 2209 Bayside Drive Dimension/Type: Temp dock structure CONSIDERATION: Thomas Brothers: 919;E2 Area: NewportBeach jym PWO Permit Fee Surety Penalty Total Total Fees: $291.00 HT ER68010 $291.00 (2075) $0.00 (2092) $0.00 $291.00 t s: u: Pavrnent Trust Check Ree it Date Amount [Check 1015 R0503925 3n/2oo5 — Total Payment: $291.00 $291.00 Surety Paid By: TUF Invoice Paid By: PERMITTEE'S ACCEPTANCE: COUNTY APPROVAL: 4/12/2005 George Rakas PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE. PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS. ALL UNDERGROUND WORK REQUIRF�oee�W&tMp�&,&g&Ue§16#K�pr I Tj -O.F080-PermitForm (81/05) ODOR" of MMOAM!". 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I 0,,'N'C Y F C 0 RI FL I A � INZ C 11 V �"I T I � 1, Pm. em i 1; f: ay. -IO :,N"N"T %F�04wl �Awlfinpm�. eA ow N.Ik ov by M4. 1,4,vmil mO .7n%, U.'IS gwink- Comj�- cA D�itwrx% AXMN: CESIVL�12 9-20- qlr.� Sj P, I 1111.0. saw !kmarl &.al vum r F -r,. ittl i Ird L� vek&p J Ui a by m, r�s; EtIFCIrwm ��v DA if! �f�itioph- Willi 1W.mmk&wfile rtf-In"d j oll PT -AW 1w ;kr4T-vwl CF.'It, , lealmd iln 1.14,7,9 I I wo 4 tv --m �wrfkw ;vmq, flim tkw �A duljii�,iwv mirAimrd! tmtm 4. , x rMJ� �KMI:41 A ffff VdITA raMHR di'd ft-qWJA in wah STATE OF Q ALIFORNIA - IHE RFSOURCES AQFNQY ARNOLD SCHWARZFNFQQPR rnye= CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 March 18, 2005 U.S. Mooring Systems Attn: Michael Rawlings 5125.E. Walton Long Beach, CA 9081.1r Subject: EXCLUSION OF TEMPORARY EVENT Site: 2209 Bayside Drive, Newport Beach, Orange County ;�P_plican : First Team Real Estate Event Dates: May 19, 2005 to May 22, 2005 Commission Reference # 5-05-027-X Dear Mr. Rawlings: On February 9, 2005, Commission staff received an application for the subject temporary boat dock structure. Commission staff has reviewed the application and determined, pursuant to Section 3061 0(i) of the Coastal Act and the Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit Requirements adopted by the Commission on May 12, 1993, that the proposed temporary boat dock structure to exist from May 19, 2005 to May 22, 2005 qualifies to be excluded from coastal development permit requirements. Thus, we have treated your application as a request for exclusion of the event from coastal development permit requirements. Based on the information you have provided� the proposed project is for installation.of a temporary dock structure to accommodate up to 8 racing sailboats in association with a non- profit event entitled First Team Real Estate Invitational Regatta for the Benefit of Hoag Hospital, which is a fundraiser to benefit the Hoag Hospital Heart and Vascular Program. The project location would allow these boats, which have deep drafts, to dock for the event. The temporary docks will be attached to an existing dock system located at 2209 Bayside Drive and the owner of the property, Cyrus Tabaz, has given his permission for use of his property and dock for the project site. The temporary docks will not be open to the public, as they are only serving as docking facilities for regatta participants. The size of each temporary boat dock module is 8'x 20' and the docks will be anchored to the harbor bottom using 23 Seaflex anchors and 40 Helix units. The docks will be floated in and then installed. According to your submittal, eelgrass is known to be present in the project area. A biological survey dated March 9, 2005 was conducted by Coastal Resources Management to evaluate the potential impacts to eelgrass associated with the proposed project. Out of the 23 Seaflex anchor locations, only 1 location was found to have potential eelgrass impacts. To avoid eelgrass impact at this location, the anchor location will be revised to avoid any impacts to eelgrass. Set up will take approximately 6 days and removal will take approximately 3 days. Complete removal of the docks, anchoring system and all other facilities installed for the event will take place . immediately after completion of the regatta. The actual regatta will take place 4 days. At maximum the proposed event including set-up, implementation and take-down, will take 13 days. The actual event will occur from May 19-22, 2005. 5 -05 -027 -[First Team Real Estate] -X Temporary Event Exclusion Page 2 of 2 According to the Guidelines for the Exclusion of Temporary Events from Coastal Commission Permit Requirements (herein "Guidelines") the Executive Director may exclude from permit requirements all temporary events except those which meet all of the following criteria (notwithstanding other circumstances outlined in the guidelines): 1) the event is held between Memorial Day weekend and Labor Day; 2) the event will occupy all or a portion of a sandy beach area; 3) the event will involve a charge for general public admission or seating where no fee is currently charged for use of the same area. The proposed event will not occur between Memorial Day and Labor.Day. The event will not occupy a portion of a sandy beach area, but will occupy a body of water. The proposed temporary dock is to be located within privately. owned waters and will not involve fees in an area where no fee for public access is charged. Therefore, according to the Guidelines, the Executive Director may exclude the subject temporary event from coastal development permit requirements. Please be advised that only the project described above is excluded from the permit requirements of the Coastal Act. Any change in the project may cause it to lose its excluded status. 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 coastal development permit is obtained or a new determination is made that no permit is required. Furthermore, while the Executive Director has chosen to exclude the proposed event this year, the Executive Director may reguire a coastal development permit for future such events. Accordingly, sta encourages you to submit future events for review by staff several months in advance of those events (exi. at least 3 to 6 months prior). Thank you for contacting Commission staff regarding your event. Please call me at (562) 590- 5071 if you have any questions. I n reti e S r Coastal ram Analyst CC: Tom Rossmiller, Newport Beach Harbor Resources Division H:\fsy\LettersXTemporary Events\5-05-027-[First Team Real Estate]X(NB) MAR17VE BIOLOGICAL SURVEYRESULTSAND IMPACTASSESSMENT FIRST TEAMINVITATIONAL SAILING REGATTA DOCKAND MOORING SISTEMPRE-INSTALLA TIONSURVEYS CARNATION COVE, NEWPORTBAY, CALIFORNIA 71� Preparedfor., U.S. Mooring Systems P.O. Box 15008 Long Beach, California Contact.- Michael Rawlings, President Prepared by: Coastal Resources Management #327, 3334 East Coast Highway Corona del Mar, California Contact: Rick Ware, Principal (949) 412-9446 March 9h, 2005 H,ESO RES0, U TABLE OF CONTENTS Secfion Page 1.0 INTRODUCTION ...................................................................................................................... I 2.0 METHODS .................................................................................................................................. I 3.0 RESULTS .................................................................................................................................... 4 3.1 Physical Environment ....................................................................................................... 4 3.2 Biological Environment .............................................................................. ..................... 5 4.0 IMPACT ASSESSMENT ........................................................................................................ . 8 4.1 Dock Configuration ......................................................................................................... 8 4.2 Water Quality ................................................................................................................... 8 4. 3 Eelgrass ............................................................................................................................ 8 4.4 Caulerpa taxifolia ............................................................................................................. 8 5.0 REST MANAGEMENT PRACTICES .................................................................................. 9 6.0 LITERATURE CITED .............................................................................................................. 9 LIST OF FIGURES IProject Area in Newport Bay ......................................................................................................... 2 2 Proposed Dock Layout ................................................................................................................... 3 3 View of Project Area . ................................................................................................................... 3 4 Conceptual Layout of Dock Module and Anchor Survey Zones ................................................ 6 5 Anchor Locations and Depths ........................................................................................................ 7 LIST OF APPENDICES I Anchor site Metadata, March 3 2005 field survey 2 Caulerpa Survey Report 3 Helix Anchor System Diagram Turn Real Estate Invitational Regatta Coastal Resources Managernont Pie -Dock Installation Project Biological Assessment 1.0 INTRODUCTION AND PURPOSE Coastal Resources Management conducted a biological survey and impact assessment for a proposed temporary dock installation project in Carnation Cove, Corona del Mar, California on March 3, 2005. This investigation was conducted at the request of the project applicant, Mr. Michael Rawlings, of U.S. Mooring Systems. The temporary dock will be used to moor racing yachts for the First Team Real Estate Invitational Regatta, to be held between May 19-22, 2005. Figures 1-3 illustrate the general location and layout of the proposed dock system in Carnation Cove, along the shoreline of Corona del Mar. The dock system consists of a 300 foot (ft) -long section of eight foot -wide by 20 ft -long dock modules that will be attached to a 40 ft -wide by 100 ft -long boat slip (Figure 2). A Helix anchor system combined with a Seaflex mooring system will be used to secure the dock system together and to anchor it to the bayfloor. Project Purpose. The putpose of the marine biological field survey was to (1) determine if eelgrass was present along the proposed dock corridor and at designated locations where "Helix" anchors will be placed in the bayfloor; (2) to relocate initial anchor positions to avoid potential damage to celgrass habitat if eelgrass was found at the initially proposed anchor sites and (3) determine water depths along the dock system and within the proposed boat slip at the south end of the project area. Additionally, the site was surveyed for the presence of the noxious and invasive algae, Caulerpa laxifolia. The dock and mooring project has received a City of Newport Beach Harbor Resources Division Approval in Concept (105-2209), dated February 2, 2005. Best Management Practices (BMPs) are proposed to assist in avoiding damage to celgrass habitat that has a potential to be damaged as a consequence of the project. 2.0 METHODS The survey was conducted on March 3, 2005 between 1000 and 1500 hours. CRM marine biologists Rick Ware and Stephen Whitaker conducted the survey with the assistance of Mr. Michael Rawlings (U.S. Mooring Systems) who established an underwater baseline and outline of the dock system to determine where CRM would conduct the anchor and mooring survey. The tides at the time of the survey ranged between 0.6 feet (ft) Mean Lower Low Water (MLLW) at 1000 hours to 2.2 It MLLW at 1500 hours. 10 Team Real Estate Invitational Regatta Coastal Resources Management Pre-Dook Installation hoject Biological Assessment 1 0 Team Real Estate Invitational Regatta -2- Coastal Resources Management Pre -Dock Installation Project Biological Assessment :7 % as z N 01) r Ab 0 CD cq A of LLI J on E cue 0 LZ MW f I Z� 1 0 Team Real Estate Invitational Regatta -2- Coastal Resources Management Pre -Dock Installation Project Biological Assessment N- N A,, 1 a Y U�ILD lit Figure 2. Proposed Dock Layout, First Team Real Estate Invitational Regatta Source: Blue Water Design Group I' Team Real Estate Invitational Regatta -3- Coastal Resources Management Pre -Dock Installation Psoject Biological Assessment An underwater biological survey was conducted using SCUBA apparatus along the entire length of the proposed dock and within the proposed boat slip at the south end of the dock, and at 33 locations along the 400 ft project baseline where the Helix anchors will be set, . Within the dock module footprint and at each mooring anchor location, the bayfloor was specifically inspected for the presence/absence of eelgrass and invasive algae. In addition, other marine life observed during the survey was noted. The initial locations where the anchors are to be established were based on the dock's engineering specifications provided by Blue Water Design Group, Long Beach, California. In the field, CRM refined the pre -survey anchor locations based on specific water depth and tension angles required for attaching the Helix anchors to the Seaflex mooring lines. CRM established these locations underwater using Wide Area Augmentation System (WAAS) GPS (Global Positioning System) technology and a Thales Mobile Mapper GPS/GIS Unit. The estimated GPS error of the Thales Mobile Mapper unit with post- processing correction is less than 1 meter. A biologist in a kayak equipped with the GPS followed a SCUBA -diving biologist who towed a surface buoy to mark the proposed Helix anchor locations. Water depth was determined by using a Speedtech Depthinate SM -5 portable sonic depth sounder. Biologists n oted water d epth, recorded the GPS positions, and conducted a search for eelgrass and invasive algae within the project zones. Where eelgrass was present, the biologist searched the general vicinity around the initially -proposed anchor location to find unvogetated celgrass patches larger than 0.5 to I sq meter in size, where an alternative location for the Helix anchor would not impact eelgrass habitat. GPS data were initially entered into the Mobile Mapper Software (Version 6.50) and then transferred into GPS TRACKER and ARCVIEW GIS software for report presentation. Metadata were exported from the programs and included as an appendix to this report. 3.0 RESULTS 3.1 PHYSICAL ENVIRONMENT Depths within the survey region varied between 9.7 to 21.9 It MLLW, averaging 16.4 +/- 3.2 ft (n7-33 measurements). Bayfloor sediments were extremely variable, and ranged between fine silts at the north end of the project site to sand overlying hard -packed siltstone farther south. Several boulders were located at the southern end of the study area in the vicinity of the 40 ft by 100 ft long slip. Water temperature was 64 degrees F. Horizontal water visibility varied from less than 2 feet to approximately 4 feet. Water clarity rapidly improved with the onset of flood fides. I� Teant Real Estate Invitational Regatta -4- Coastal Resourues Management Pit -Dock Installation Project Biological Assessment 3.2 BIOLOGICAL ENVIRONMENT The proposed dock system and mooring anchor locations are shown in Figure 4. Within each zone, specific anchor sites were identified by depth (Figure 5) . Metadata, including site coordinates, depths standardized to Mean Lower Low Water (MLLW) and site characteristics are presented in Appendix I � 3.2.1 Eelgrass. E elgrass w as f ound i n the general p roject a rea a t the n orth e nd o f t he proposed dock system near the dock located at 2209 Bayside. The bed extended to about 75 ft south of the dock, consistent with earlier eelgrass surveys conducted by Coastal Resources Management in 2004 (CRM 2004) and the National Marine Fisheries Service. However, only one of the original 23 proposed anchor positions (Anchor Position #3, Appendix 1) was vegetated with eelgrass. The original I ocation was approximately 13 meters west of the dock moored at 2209 Bayside Drive at a depth of I I ft MLLW. Eelgrass shoot density ranged between 70 to 143 shoots per square meter. Once the eelgrass bed was located the biologist searched the general anchor zone and found a barren area within the bed to serve as an alternative anchor location. The new, unvegetated Anchor Position #3 (Appendix 1) was placed 18 meters west of the dock at a depth of 11.5 ft. No eelgrass was found beneath the 300 ft -long by 8 ft -wide dock section or the 40 foot -wide and 100 foot -long dock. 3.2.2 Caulerpa taxifolia. No Caulerpa was found at the project site. A Caulerpa survey report form is provided in Appendix 2 that was submitted to the National Marine Fisheries Service. 3.2.3 Other Marine Life. Few other organisms were observed during the survey, These included the spiny sand star (Astropecten armatus), tube -dwelling anemone (Pael7ycericintliusjinibriatus), Califorma golden gorgonian (Muricea californica), striped sea slug (Navanax inernds), and California halibut (Paralichthys cal�fornicus). Is Tisan Real Estate Invitational Regatta -5 - Coastal Resources Management Pie -Dock Installation Project Biological Assessment LEGEND Suwayed Ames Anchw Zones Dock Monule Footpont Anchor Zone 8 EXISTING DOCK TYP WO DOCK MODULE SEE FRAMING DETAILS SHEET 1 40* \L Figure 4. Conceptual Layout of Dock Module and Anchor 14 Team Real Estate Invitational Regatta -6- Coastal Reso"ces Management Pre -Dock Installation Pmject Biological Assessment 1� Team Real Estate Invitational Regatta .7. Coastal Resources Management Pre -Dock Installation Project Biological Assessment E M 0 0 Z, C -M M 5: > M M LD E M M to M, Ot 0 1� Team Real Estate Invitational Regatta .7. Coastal Resources Management Pre -Dock Installation Project Biological Assessment 4.0 IMPACT ASSESSMENT 4.1 Dock Configuration The proposed dock system conceptual layout is shown in Figures 2 and 4. The dock system includes; (1) a 300 ft -long series of 8 ft by 20 ft dock module (2) a 100 ft -long by 40 ft wide boat slip (3) a series of 23 Helix anchors and 40 Seaflex units The Helix anchor consists of a variable -length shaft (depending on water depth) and a series of three disks. The helix anchor is "screwed" into the sediment, like an earth anchor. It consists of a 1 1/2inch diameter shaft and three disks (maximum diameter, 10 inches) and a total surface area of 0.54 sq ft. See Appendix 3 for a photo of the Helix Anchor. These anchors will be as the basis of the dock's mooring system and will be attached to a Seaflex mooring system. 4.2 Water Quality Minimal water turbidity will be generated by the emplacement of the anchor system. Each a nchor, w ith a surface a rea of 0.54 s q f t w ill b c i ndividually " screwed' i nto the substrate by a commercial diver. The extremely small surface area will have a minimal impact on sediment resuspension and water clarity. 4.3 Felgrass Eelgrass is located in the general area of Anchor Position #3. However, given that divers will be able to specifically relocate the barren patches at this position through Differential GPS positioning and by sight, there will be no loss of celgrass habitat as a consequence of emplacing the Helix anchors into the substrate. The worst-case loss of eelgrass would be 0.54 sq feet, in which there would possibly be no more than a loss of 6 turions. Best Management Practices are presented in Section 5 to additionally insure that eelgrass will not be affected by this project. 4.4 Caulerpa taxifolia The project will not result in the spread of this noxious and invasive algae, since it does not occur at the project site. I � Tearn Real Estate Invitational Regatta Coastal Resources Management Pic -Dock Installation Project Biological Assessment 5,0 BEST MANAGEMENT PRACTICES The following Best Management Practices (BMPs) should be implemented to assist in reducing potential environmental impacts to eelgrass at the project site during construction or the conduct of the Invitational Regatta: The use of Best Available Technology (BAT) and adherence to City of Newport Beach City Codes will reduce the potential for water quality degradation during dock construction and the conduct of the regatta; The project marine biologist should meet with the construction crew manager to review eelgrass locations in the project area; A qualified eelgrass biologist should be present during the construction of the first 150 ft section of the dock system to monitor anchor emplacement and assist in relocating anchor positions, if necessary to ensure that anchors are not placed within eelgrass habitat; Work vessels and other vessels present during the regatta should avoid anchoring or traversing through eelgrass meadows located inshore of the docks at depths between 0.0 to 8 It (MLLW); and No construction or related impacts on eelgrass are anticipated to occur. However, a post -regatta eelgrass survey should be conducted at the north end of the project site within 30 days after the removal of the dock system to re-evaluate construction and dock operational impacts on eelgrass. If losses of celgrass are identified, then the applicant shall be responsible for preparing an eelgrass mitigation plan, and mitigating the losses at a ratio of 1.2 to I either on site or at another location in Newport Bay. Mitigation shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (NMFS 1991 as amended) 6.0 LITERATURE CITED Coastal Resources Management. 2005. Distribution and abundance of celgrass (Zostera n7arina) in Newport Bay. 2003-2004 eelgrass habitat mapping project. Bulkhead to pierhead line surveys. Prepared for the City of Newport Beach Harbor Resources Division. January 10, 2005. 31 pp. National Marine Fisheries Service. 1991. Southern California Eelgrass Mitigation Policy. 6 pp. Revised 2005. National M arine Fisheries Service (in progress). Draft mapping r esults of N ewport Bay eelgrass habitat mapping, November 2004. Prepared for the City of Newport Beach, Ca. 14 Teara Real Estate Invitational Regatta .9- Coastal Resources Management Pre -Dock Installation Project Biological Assessment APPENDIX 1 Anchor Site Metadata, First Team Real Estate Temporary Dock and Mooring Survey, 3 March 2005 Anchor Latitude Lonnitude Date/Time Depth Comments Site MLLW 1 33.60035 -117.8809722 3/3/2005 11:29 9.7 Silts; no eelgrass at anchor point; no Caulerpa 2 33.60021 -117.8809886 313/2005 11:31 10.6 Silts; no eelgrass at anchor point; no Caulerpa 3 33.60018 -117.8810742 3/312005 11:38 11.5 Silts; eelgrass patchy; anchor position relocated; no Caulerpa 4 33.6002 -117.8809102 3/3/2005 11:45 10.3 Silts; no eelgrass at anchor polnt; no Caulerpa 5 33.59995 -117.8809799 313/2005 11:54 14 Silts; no eelgrass at anchor point; no Caulerpa 6 33.59992 -117.8810295 313/2005 11:56 14.5 Silts; no eelgrass at anchor point; no Cauleripa 7 33.59996 -117.8809077 3/312005 12:02 13.6 Silts; no eelgrass at anchor point; no Caulerpa 8 33.59993 -117.8809644 3/312005 12:05 14 Silty Sands; no eelgrass at anchor point, no Cauleripa 9 33.5999 -117.8810576 3/312005 12:07 15.9 Silty Sands; no eelgrass at anchor point, no Cauleripa 1D 33.59971 -117.8810352 3/3/2005 12:13 15.1 Silty Sands; no eelgrass at anchor point, no Caulerpa 11 33.59975 -117.8811102 3/3/2005 12:16 16 Silty Sands; no eelgrass at anchor point, no Cauleripa 12 33.59966 -117.8809773 3/3/2005 12:18 15.4 Silty Sands; no eelgrass at anchor point, no Caulerpa 13 33.59967 -117.8810519 313/2005 12:22 15.5 Silty Sands; no eelgrass at anchor point, no Caulerpa 14 33.59966 -117.8810648 3/312005 12:28 15.9 Silty Sands; no eelgrass at anchor point, no Caulerpa 15 33.59969 -117.88111.514 3/312005 12:31 16.4 Silty Sands; no eelgrass at anchor point, no Caulerpa 16 33.59962 -117.8809736 31312005 12:35 14.7 Silty Sands; no eelgrass at anchor point, no Caulerpa 17 33.59956 -117.8811192 3/312005 12:39 17.5 Silty Sands; no eelgrass at anchor point, no Cauleripa 18 33.59963 -117.8812495 313/2005 12:54 20.6 Silty Sands; no eelgrass at anchor point, no Caulerpa 19 33.59952 -117.8809927 3/3/2005 12:59 15.5 Silty Sands; no oelgrass at anchor point, no Caulerpa 20 33.59959 -117.8812117 3/312005 14:07 17.5 Silty Sands; no oelgrass at anchor point, no Caulerpa 21 33.59947 -117.8812196 3/312005 14:09 20.3 Silty Sands; no eelgrass at anchor point, no Caulerpa 22 33.59948 -117.8812722 3/312005 14:12 20.3 Silty Sands; no eelgrass at anchor point, no Cauleripa 23 33.59948 -117.8811859 3/3/2005 14:14 17.6 Silty Sands; no eelgrass at anchor point, no Caulerpa 24 33.59943 -117.881225 3/3/2005 14:17 21.9 Silty Sands; no eelgrass at anchor point, no Cauleripa 25 3159943 -117.8812799 3/3/2005 14:19 21.7 Silty Sands; no eelgrass at anchor point, no Cauleripa 26 33.59941 -117.8811937 3/3/2005 14:22 21.6 Silty Sands; no eelgrass at anchor point, no Caulerpa 27 33.59956 -117.8810338 3/312005 14:26 15.9 Silty Sands; no eelgrass at anchor point, no Caulerpa 28 33.59945 -117.8810451 313/2005 14:28 17 Silty Sands; no eelgrass at anchor point, no Caulerpa 29 33.59946 -117.8810818 31312005 14:31 15.9 Silty Sands; no eelgrass at anchor point, no Caulerpa 30 33.59945 -117.8810194 3/3/2005 14:33 16.4 Silty Sands; no eelgrass at anchor point, no Caulerpa 31 33.59939 -11 T8810644 313/2005 14:35 18.3 Silty Sands; no eelgrass at anchor point, no Caulerpa 32 33.5994 -117.8810952 3/312005 14:38 21.2 Silty Sands; no eelgrass at anchor point, no Cauleripa 33 33.59942 -117.8809994 3/3/2005 14:40 16.9 Silty Sands; no eelgrass at anchor point, no Cauleripa Is Tearn Real Estate Invitational Regatta 10- Coastal Resources Management Pre -Dock Installation Project Biological Assessment APPENDIX 2. CAULERPA SURVEY REPORT This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpor 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 a nd control any potential impacts o f the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized perruittee to ensure that suney work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: March 7, 2005 Name of bay, estuary, Newport Harbor lagoon, or harbor: Specific Location Name: Carnation Cove, Corona Del Mar, CA; waters between offshore of docks between 2209 Bayside Drive south to 105 Bayside Drive Site Coordinates: (UTM, Lat./Long., datum, accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Rick Ware, Coastal Resources Management (949) 412-9446, rware.cnn@earthlink.net (name, phone, e-mail) Personnel Conducting The survey was conducted by Mr. Rick Ware, Senior Marine Biologist Survey (if other than and Mr. Steve Whitaker, Senior Field Technician, of Coastal Resources above): name, phone, Management. email Permit Reference: City of Newport Beach Harbor Resources Department, Approval In Concept No. 105-2209 (ACCIE Permit No., RWQCB Order or Cert. No.) I�Tcam Real Estate Invitational Regatta Coastal Resources Management Pre -Dock Installation Project Biological Assessineni Is this the first or second survey for this project? This is the first survey done for this project. Was Caulerpa Detected?: Yes, Caulerpa was found at this site and (if Caulerpa is found, please been contacted on date. immediately contact NOAA —has X No, Caulerpa was not found at this site. Fisheries or CDFG personnel each anchor is 0.55 sq ft. The temporary docks are planned to be in identified above) placement from May 19-22, 2005. Description of Permitted Installation of temporary docks for the First Team Real Estate Work: (describe briefly die Invitational Regatta. Docks will be kept in place by a Helix anchoring work to be conducted at the system and a Seaflex system. Twenty three Helix anchors will be site under the pennits "screwed" into substrate by a diver. Maximum blade surface area on identified above) each anchor is 0.55 sq ft. The temporary docks are planned to be in placement from May 19-22, 2005. Description of Site: Depth range.- -9.7 ft to -22 ft MLLW (describe the physical and biological conditions within the survey area at the time ofthe survey and provide insight into variability, if known. Please Substrate type: Sediments ranged from fine silts in the shallower depths (-9.7 to -21.9 ft MLLW) to sand with a thin layer of fine silts on top in the deeper depths (-15 to -21.9 ft MLLW). In addition, incidental provide units for all numerical boulders were seen in the deeper depths of the information). survey area. Temperature: 64 degrees F Salinity, 30-33 ppt Doniinantflora. Sargassum (Sargassum muticum), Eelgrass (Zostera marina) Dominant.fauna: Spiny sand star (Astropecten armatus), Tube - dwelling anemone (Pachycerianthusfimbriatus), California golden gorgonian (Muricea californica), Striped sea slug (Navanax inermis), California halibut (Paralichthys ealifornicus). Exotic species None encountered (including any other Caulerpa species): Other site description notes: [a Team Real Estate Invitational Regatta -12- Coastal Resources Management Pi e -Dock Installation Pi oject Biological Assessment Description of Survey Survey date and March 3, 2005 from 1000-1500. Effort: time period: (please describe the surveys Horizontal 3 feet on either side of the diver. conducted including type of visibility in water., survey (SCUBA, remote Survey type and The underwater survey was conducted using video, etc.) and survey methods. SCUBA during a 0.6 ft to 2.2 ft MLLW incoming methods employed, date of tide. Biologists noted bottom type, dominant work, and survey density bottom dwelling organisms, depth and the (estimated percentage of the presence or absence of Cauleipa along (11) bottom actually viewed). transects each approximately 75 feet long and (1) 500 foot long transect. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport entrance, Corona del Mar tidal survey station, Describe any limitations Survey personnel: Mr. Rick Ware, Senior Marine Biologist and Mr. encountered during the Steve Whitaker, Senior Field Technician, of Coastal survey efforts. Resources Management. Survey density: Approximately 7,950 sq. ft Survey limitations: No survey limitations. Other Information: (rise this space to provide additional inforniation or references to attached maps, reports, etc.) Caukrpa Survey Reporting Form (version 1.2, 10/31/04) I sTenan Real Estate Invitational Regalia - 13- Coastal Resources Management Pro -Dock Installation Project Biological Assessment Hurricane -tested Marine Embedment Anchors The screw anchor has been used to secure: Single -point boat moorings Mediterranean -style boat moorings Floating docks a Fixed walkways *Floating breakwaters -Bulkheads a Pipelines - Storm moorings a Navigation and boundary buoys - Floating ice barriers - Shellfish long lines - Finfish cages MOORIN(I Sys T.1- MIS Toll Free: 1-800-866-4775 IN(. Web site: heftmooringsysterns.com P.O. Box 723. Belfast. ME 04915 Phone: 207-33"411 Marine distributor of Fax: 207-338-0415 &""AiLipwoo nnAnyl 14 Teann Real Estate Invitational Regatta - 14- Coastal Reso=es Management Pre -Dock Installation Project Biological Assessment CALCULATIONS FOR FLOATING DOCK SYSTEM IN NEWPORT BEACH, CA PreparedFor: Hoag Hospital First Team Real Estate Invitational Regatta Project Address: 2209 Bayside Corona Del Mar, CA 92625 PreparedBy: BLUEWater Design Group 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 February 3, 2005 File Number 2136-1 Table of Contents Calculations Pages Calculations Section I Floatation I Structural 2-7 Anchor Uplift Calculation 8 Anchoring Calculation 9-13 Seaflex Product Information Section 2 Ifelix Anchor Product Information Section 3 BDG Job # 2136-1 Done By: JH FIRST TEAM REGATTA Checked By: TIS Buoyancy Calculation PROJECT ADDRESS DATE BDGJOB# 8'x 20'Typical Dock Module Length Width = Lumber Wt. Live Load = Dead Load [DQ First Team Regatta 209 Bayside 13 -Jan -05 2136-1 20.00 ft. 8.00 ft. 35.00 lbs/cu.ft. 20.00 lbs/sq.ft. Nos. Lonath iff.1 I Inif M w# 11h&% Facia (20 0) 2 20.00 3.37 134.80 Facia (2xl 0) 2 8.00 3.37 53.92 Whalers (2x6) 2 20.00 2.00 80.00 Whalers (2x6) 2 8.00 2.00 32.00 Blocking (2x6) 4 8.00 2.00 64.00 Joist (2x4) 6 20.00 1.28 153.60 Deck (3/4" Plywood) -76-0-' 2.19 350.00 Float Connection (2x6) 6 6.001 2.001 72.00 Fasteners 1 1 16000 Pontoons (16x72x92) 2 1 .... 1 92.001 184.001 Buoyancy= Total Buoyancy Depth of Pontoon Buoyancy per inch Dead Load Submerged Live Load Submerged = i otai 1284.32 Wt. fft. 64.22 DL= 1284.32 lbs. LL= 3200.00 lbs. (Live Load x Area of Dock) DIL + ILL lbs. 3827 lbs. for (16x72x92) Pontoon 7654 lbs. (No. of Pontoons x Buoyancy) 16 in. 478 lbs. (Buoyancy -. Depth of Pontoon) 2.69 in. (Dead Load - Buoyancy per inch) 6.69 in. (Live Load - Buoyancy per inch) Decking Thickness (2x6) = 1.50 in. Stringers or Blocldng Depth (4x6) 5.50 in. Total Lumber = 7.00 Pontoon Depth 16.00 in. Total Depth = in. Dead Load Free Board 20.31 in. (Total Depth - Dead Load Submerged) Dead Load Draft = 2.69 in. (Total Depth - Dead Load Freeboard) Live Load Free Board 13.62 in. (Total Depth - Dead Load and Live LoadSubmerged) Live Load Draft 9.38 in. (Total Depth - Dead Load and Live Freeboard) 6.62 in, Pontoon Live Load Freeboard (LL Free Board - Lumber) > 3in. Therefore OK Floatallon (Hoag 2005).xIs:20x8 Dock 1 of 1 2/3/2D05 Z'7,CL)c7VX.4L I-olqo C/0 20 31,1 y cnc-cic For, j-('/woolp OECJC cc-tgo 66Ao IbIl. clvc (-aqp -!� -r076L I -d,40 9? -/,3 m,l x e r�? 9 2.13 Y 2- SL I VIJ17 L-J/DT,? or cc-CA� 74/1-AT")C-17 MG"/C�0 OF 1.,jC1r71,q T c� S b 2 -:f!Z Z s 2 3 I LOW I) cRecic rox --"WE/M o^i PLYWOOD OE-C)c IV -ul sj�Emel e-aqo W -),3X 2-5 T2- 92S 9Z5 94LOWA4316 9s CHC -CK FOX /A/*VEi'C Z7e1NqE*CSno SEC'7�0" M0od(,VS 3 - 0 6 ZIVE e-01910 -7� g9E7CJe_ PC-,I)p Cdg&) 0/37�9/i) L- C e C- 7 ci E C V 1d)(2 z- 76 7A (690 Mqx v ... ........... ........... .. lls.8ex)z ,elit 0 (,Jl 6 = /Ysoiotsy, > ys�-06 0.)c ,01 C-,O/f otgo �,?Ix 03 .8z -SAYGRIZ S-7/zc-L3 'S- 25 dv CHECIAC FoC 6coc/c/"4 2X 20-99 iov 2 0 9. M/lx eor?-OIAJ17 �-JIOWI 2 2 ev- V 2. X 2 EY /qsops; -SHEAr, Lo4D -SOCR/2 'geed )gLjc)tjtl&c— IV : /00 )Os i > gi-Ro a al cHeck Foe COPJNEC7/4)�j As e7ci. Eeio ANOOR. C-- 40190 CAI 4t4WWt r 2.2 )�, vs , C4LV- S76e L - T 2 CeMONED FOIZ QoiCS7 C,9JO -rE)IJS:10.,J IF 9- 7- 3 - C A; FS wl x 2- 3C ,qCLOW4c,S(e �7- 3 c As ?Q�co W,96CC- 7ENS/GI-J "M X Zk � z T, > �. c Air C"/Ecx roc -2-�?Fhf� ry fTL lq�, :- 2 x 0 - 122 J�� 5 (FOK c 9 ,I - t� /S AS/ 0.11 �7 3 hu AL I Q. IV 77XO-S t 0 - 7EN-VON CI)AjCJfdlt .1, 0. k // 1[�aB L U ra Nr W a) a) w uj CD 0 U) it IM LL I 1%. W3 0 0 0 W -b X z 0 z 0 LLJ LU 0 LL - 0 z U) CO w Of v w 0 LL (D z W ca z 0 0 0 i 0 0 0 x w X 0 (D 4) C-3 L0 0 'a 0 x i�� C� CD C'4 0 0 CD C) 0 0 m c 0 z CID LU (D ca x 0 E ca L) CO Z < < U) x co LU w D Cl) U) z Lu z < 4) 0 X LU a) z L) —j LL CL LU + < < 0 lu ca < 0� 0 0 LL %. z z 0, U) 0 Ic LU CN a rl� a) " > 11 0 0 uj W 0 x W (D -0 (D Z) U) CL U) LLI LLI a) U) > C .a LU > s 8 I 0 0 c: U- 0 x a) J4111) IM < LU Z . (D :):: q_ - ca a) Q it < Z a) 11 E LLJ CO :3 LU E 0 m cr lo� w 0 W Z LL Z LU F- ui F- LU w C14 0 1%. W3 0 0 0 W -b X z 0 z 0 LLJ LU 0 LL - 0 z U) CO w Of v w 0 LL (D z W ca z 0 0 0 i 0 0 0 x w X 0 (D 4) C-3 L0 0 'a 0 x i�� C� CD C'4 0 0 CD C) 0 0 m BDG JOB#2136-1 BLUEWater Design Group Done by: JH FIRST TEAM REGATTA Checked by: TB Anchor Desian Loads PROJECT ADDRESS DATE BDGJOB# Wind Load p =C,O Cq* q.* Iw Where: Ce = Height, Exposure, Gust Factor (Exp C) Cci = Pressure Coefficients = qs = Wind Stagnation Pressure (70 mph) 1w = Importance Factor = P use p Current Load p=0.6*PkCD*VC2 ((5) Dawson, T.H. Ocean Engineering Structures, USNA Press, 1979) Where: P�ay. Drag force per unit of exposed area normal to current which .is exerted on a submerged structure p=mass density of water (slugs/ft) Vc=current velocity (Itts) Co=drag coefficient (Dawson, Table 1.) Ill use P Current Loads will be applied to 15% of the area i multiplying the length by max draft. See the figui showing —85% of the area is open water. First Team Regatta 2209 Sayside Dr 17 -Jan -05 2136-1 1.06 1.2 12.6 1.0 16.03 ibift' 16.00 Ituffe (15 psf City of Newport Beach Minimum) Table 1. Drag Coefficients (Dawson, pp.58) Shape CD Structure Rectangular Plate (normal Signboards to wind/current) 1.1 Long narrow plate (normal Girders to windicurrent) 2 Long cylinders (vertical Round axis) 0.8 bull ings Short cylinders (vertical Tanks axis) 0.7 Square long prism Tall buildings 1.3 Sphere 0.2 Tanks CD= 0.7 v= 4.00 Ids p= 1.94 slugS/ft3 P� 62.41 lble v= 6.75 fits Anchor Calculations (HOAG 2005).xis; Design Loads 2 of 5 0 ca 3: w M 9 < < x 0) 44 0 0 LL U. co 0 c c .5.5 M r 49 s 0 0 �- I. - y 0 2 0 0 LL 0 A 8 0 LL C5 a . V5 x m E x CD 0) U) a) CIS 2 cc a) L) I LO 0 m co 0 C) x 14, in 0 0 cli 0 co Q) < (9 CO W o 8 CC) U- M 9 < < x 0) 44 0 0 LL U. co 0 c c .5.5 M r 49 s 0 0 �- I. - y 0 2 0 0 LL 0 A 8 0 LL C5 a . V5 x m E x CD 0) U) a) CIS 2 cc a) L) I LO 0 m co 0 C) x 14, in 0 0 cli 0 co 100 a) CL p a) til 4a < cc 9 5D t; w A CD CD C� C) 0 U�lu�l 9 lqlq ui to U) m CN "t ul 'o E w 0 m r. 41�1 z u LLJ 0 w 0 Z z af 0 0 < 0) a) C%l .1 0 0 LL IL c C y 0 2 0 LL A a) LL 0) E V5 E x 0 U) cu 8 0 Nr 2 cc IL M x LO 0 0 cli 0 ED co W 0 CL V) 0 W in LL < cc 9 5D t; w A CD CD C� C) 0 U�lu�l 9 lqlq ui to U) m CN "t ul 'o E w 0 m r. 41�1 z u LLJ 0 w 0 Z z af 0 0 < 0) a) C%l .1 0 0 LL IL c C y 0 2 0 LL A a) LL 0) E V5 E x 0 U) cu 8 0 Nr 2 cc IL M x LO 0 0 cli 0 ON I n 0 0 N r II II � Y u O O LL LL Mm S c a0..a0+ O O H H Y O m 0 d d r `o LL c •c ny O LL m y N R 13 LO w O LO 0 'Ail CID Ld uj 0 M ILL INA 0 0 0 0 -Z to z Ld ui 0 LL (D z U) U) LLJ w v LU C.) w 0 LL CD z LL z 0 C.) Ri 0 0 x ca X 0 a) — 0 U) a) LO LO 0 'a 0 M 0 L) C: < ce 0 %;z - z w D V) c C-) Of cu x 0 E U) LLI 0� Z Q U) < CIO �ci < U) x 0) w of LU of :1 w c — 3� CL 2: U) 0 �o -b U) W Z uj Z < a) 0 X (D (D Z L) LU -j CL uj LL < IZ + LU 06 of < 0 0� 0 a U - Z Z LU 04 > r L) LU 0 x 'a E/5 LU LCU) au)) >C w > w w -S 8 0 D- 0 LL x uj z 'co: < Z P: F - LO E 0 w 5 (n :3 LU E C: 0 m c w 0 LU 2 a) F- Z LL z W z W w w w w 0 0 0 0 -Z to z Ld ui 0 LL (D z U) U) LLJ w v LU C.) w 0 LL CD z LL z 0 C.) Ri 0 0 x ca X 0 a) — 0 U) a) LO LO 0 'a 0 M 0 L) C: BDG JOB#2136-1 BLUEWater Design Group Done by: JH FIRST TEAM REGGATTA Checked by: TB Anchor Desion Loads PROJECT ADDRESS DATE BDGJOB# Wind Load P = C.* Cq* q.* 1,, Where: Ce = Height, Exposure, Gust Factor (Exp C) Cq = Pressure Coefficients = qs = Wind Stagnation Pressure (70 mph) lvv = Importance Factor= P use p Current Load P=0.6*13*C D *VC 2((5) Dawson, T.H. Ocean Engineering Structures, USNA Press, 1979) 1 Mere: P�ay. Drag force per unit of exposed area normal to current which is exerted on a submerged structure p=mass density of water (slugs/ft') Vc=current velocity (ftfs) Co=drag coefficient (Dawson, Table 1.) F use p Current Loads will be applied to 15% of the area multiplying the length by max draft. See the figui showing —85% of the area is open water. First Team Reggatta 2209 Bayside Dr 17 -Jan -05 2136-1 1.06 1.2 12.6 1.0 16.03 lb/ft' 16.00 lb/R2 (16 psf City of Newport Beach Minimum) Table 1 Drao coefficients (Dawson- DD.58) Shape CD Structure Rectangular Plate (normal Signboards to wind/current) 1A Long narrow plate (normal Girders to wincilcurrent) 2 Long cylinders (vertical Round axis) 0.8 bull ngs Short cylinders (vertical Tanks axis) 0.7 Square long prism Tall buildings 1.3 Sphere 0.2 Tanks C,= 07 v= 4.00 Ids p� 1.94 slugs/ft, p= 62.41 lbjft3 v= 6.75 fus Anchor Calculations (HOAG 2005).xls; Design Loads 2 of 5 (D 0 1 Q) 14 IQ 0 W CO 0 Cl) 0 V) Cl) LL C14 NO :m X 0 0 U. LL 0) 0) S S 2 (D 0 U- A LL x m E x 0 IR 0 LO U) a> cc 2 cc a) L) LO 0 ce) d) C) M x C=) 0 CN 0 0 L) 0 0 CD -0 a a> 0 Ae CL 2 .0 uj ID ce) 1 C.4 0 Q. yj C: m LL cc LD x w C4 0 0 U. LL lam 0 I.- �- y 0 0 LL 0) A (D 2 0 LL CM .S 'US U) 0 It x m E x 0 LO ca 0) w (D L) t FD T m IL C) C) x CD C� 0 0 cu L) 0 L) r_ 0 N Q �o Y O 21 w d L c� 0 0 LL Ol c O A 0 O LL m N .N N LO O LO N y Q co U h 2 11 m O0 to p m g m LL N Y O 21 w d L c� 0 0 LL Ol c O A 0 O LL m N .N N LO O LO E tE LQ V) > cu o a i�: 0 =.'R CU wo ,--o cn, 0 a ba Es E 0 m E z C", 0 34 �i m Z -V J -mi m In In .0 cc cola 4i SOU I t2 cc A A C, Cc cc Al Oil] 00 ZE S -let El 'o 050 m Z -V J -mi m In In .0 cc cola 4i SOU I t2 cc A A C, Cc cc Al Oil] 00 ZE S -let 'o 050 m Z -V J -mi m In In .0 cc cola 4i SOU I t2 C, Cc cc Al Oil] 00 ILI J -mi m In W t2 'Ea A Jt S2 ZE S vs w w , - J -mi m 'Ea A Jt S2 ZE S V 0 u V) jc� 0 Eb ru s s -co fn o 'u Icl:o ro .61 wm 00 S. 0a E 9 2 14 .00 rz pi v(D =0 co "a' cn CL 17 ca 4i (V co 00 JG w o 2 0 10 80 '37 m 9 V) cd >1 03 -G 'cu cu w wil f'- a! E 10 Irl rA Iwo -0 0 W CA C4 100 09 Cd MH LO t a -;j 71 ,u =0 JH E 0 A E 0 u E to 4j lu .0 CL cL cr W m cu 76 cu Q M V) -j� a,E 2 E to 0 Cal, w to) —0 -S V > cc 0 u m 0A E u u - �y ca cmn .14 09 Cd MH LO t a -;j 71 ,u =0 JH E 0 A E 0 u E to 4j lu .0 CL cL cr W m cu 0 M C-4 0 cm CO) V� 4 cu Q to u m E u - ca cmn .14 0 M C-4 0 cm CO) V� 4 r4 ej ma t L IL C3 0 00 0 -'4-0 6 7S 41 QU -.9an C3. j C: -ei to ed C 23 om (D Sc 0 rz .0 E 0 E 0 lb �2 CC: E =0 =0 'c cc a), (U o C) Ao -0, S CL 0 o o .0 r - t4 tko 0 u m cc M) 0 CO r- -tz E 'm EL ca. o co > V) u 94 OL 0 a & 0 0 0 0 9 0 a E E E .1! E E 12 N E E rF (Ij 10 41 Fn- (A z 10 (0 > (n In n 0 (O:e In oi z U) 0) w 0 > W 0 rn w C.p Ln c 'a Y. 0 cn" N m :: El w L) w Mcm WN M.9 x 090 a In,ow M6 .1 12 w E§ Eg 00 -W OR to w co QA 0 01 (A fA w cn co to (a w to 0 �-j- P- �-S =�.l >> ITT to v + 0 OR 0- CL 0. IL a. a. a. c < V) Ul -a A E2 elf c -0 E 'a Em E '2r E w 08 011.120 I "n Z -qL x c r_ co (JVJZ M:c 2 Q co z w < Z P fn Lu A -j ui 1: LL LLI -a az Ln cl z z 1 E A rr (2 (1) 0 MO go E E E E E E Sg E -8 E E El oilli E� V .9 E 9 aw M 0 1 z w o a 1 g Cal— '111. 2 2 �8 I :S & E CL z (n (0 (0 U3 z (D (D w z in to > vi w V) U) goo) co 8 r4 % I If U., LL U. Representa.five Seatlex Installations (U5A_0nIvj La lie Las Vezas, Henderson, NV — Residential docks and pUblic marina The Pines Resort, Bass Lake, CA — Resort marina Constitution Marina, Boston MA — Commercial marina 11 1— D I T f, er an aza, ac S nV r J� — B CSIUeDUal marina Oregon State Nlarine Board. Portland, OR — Nblic restrooms in.lake Skelleftek No 2613 /200141-17 TWO appendices are included CI i ent: Ancro Marin AB, Box 3 150, SE -903 03 UmeA Contact: Anders Linder Task: Tensile test on Scaflex rubbercord 'tests perfonned by: Per -Anders 17jellstr6m, Phone �46 910-58 52 43 Appendices: Appendix 1. Results Appendix 2. Pictures I Tensile test on Seaftex rubbercord . 2613 / 2001-01-17 pap 2(2) Summary Tdtck have made a tensile test on One Seaflex rubbercord for Ancro Marin AB. The purpose of the test was to determine the ultimate tensile strength and deflection at break. The results are listed below. All measured data are presented as a diagram in Appendix 1. Table L Sample Max load Dettection at break —_ - (kN) (MM) 1004 11.85 1120 The results are valid only for the tested sampl�. This report may not be reproduced other than in full, except with the written approval of the issuing laboratory. Testing Test specimen Date of arrival: 2001-01-17. Ancro Mkin AB delivered the test specimen. A photo of the test set up is presented in Appendix 2. Length, rubber l000 rum Diameter 23,5 min Environmental conditions Air temperature 20-22 'C. Relative humidity 35-40 % RH Test speed 1005 ram/min. Date of test:* 200.1-01-17. AB Tritek Swedish Institute For Wood Technology Research Laboratory SkellefteA 2001-01-17 Lars -Erik Wikstr6m (�uality co-ordinator STOCKHOLMNst� lim: 5609. SE -1 i4 86 Stockbolm. Visit: Drotining A '6z4a 2 - SE -01 77 Skellelleli� Visit: Lqhamtnr�, Post:S Per -Anders FjelWr6m Technical supervisor Asthas'Oq 67 Tel: + 46(0)8--762 18 00 Fax: 46 (0)8.762 18 01 d2 f Tel: +4610)910.58 52 00. P.�- �AAIAXO I �Ca A, 1� Load (kN) FM m R "'CP 5r 151, '67 - m R '67 - m R 6k - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - ................ r - - r - n r - - r - 7 - - r - - r - r - - r - -i - - n 7 r r - I - - T r I I I I I - - I - I - - I I r 71 r - - 1, - rl n, -71 - - r - - Ir Ir - J. - - -11 - - IT rl - - r, 1- L ...... ...... Q% r September, 2003 Greetings to all Docks &- Marina attendees, 0. Box 723, Be] fast, ME,. G,49 j.5 Toll Free: 1-800-866-477-5 Tel: 207-338-04 i 1. Rix: W7-338-04 I ernail: helix@PI-exar,coll, Helix Mooring Systerns specializes in securing floating marina docks, wave attenuators, point mooring balls in lakes, rivers, reservoirs, coastal harbors, and even open ocean. and single Our Helix anchor, when installed in sand, firm mud, clay, gravel, and comparable soils, will deliver significant holding� especially when compared to the traditional mooring anchors. Please review the holding chart in the accompanying brochure. We also provide and install Seaflex elastic rodes- hopef ully you have had or will have the chance to talk with Kent Johansson about the n-tany benefits of Sea -Flex wl-dle you axe at this conference. Here is a partial list of private and public customers for whom we have installed Helix a-nd/or Sea -flex elastic rodes: anchors Maine Yacht Center, Portland, Maine Marion, Massachusetts Massachusetts Dept of Environmental Management Beacon Point Marine, Greenwich, Connecticut Niagara Frontier Transportation Authority, Buffalo, NY US Navy, Annapolis, Maryland North Carolina Wildlife Resource Commission Cit�' of Stuart, Florida Ohio Dept of Natural Resources DuncanBa Boat Cluj), Cheboygan, Michiaa.n y I Nebraska Parks & Game, Ogallala, Nebrasoka. Pillar Point Harbor District, San Mateo, California City of Des Moines, Washington National Park Service, US Virgin Islands Centurion Charters, St Martin, French side Princess Yacht Club, St Martin, Dutch side secure new 100 slip marina secure mooring balls for 30-0 boats secure a floating ADA access ramp secure new 150 slip marina secure a floating dock anchor single point boat moorings secure launch ramp courtesy docks anchor single point boat moorings secure floanng marina docks re anchor 300 slip marina secure a Wave attenuator anchor single point boat moorings secure a wave attenuator ID anchor single point boat moorings secure ntooring balls for cliarterfleet secure Med style bow moorings Please give us a call to talk about your water -related ancboring needs, Royce Randlett President 'The screw anchor concept and comparative test resultS The firsl screw anchor was patented in the early 1800's and used to support lighthouses in the Chesapeake Bay. Whether intended to resist a downward force (supporting filsed walkway) or an upward force (sceuriny a boat or a dock), Ot holding screw anchors derive their significan p0wel, from the soil into which they ate installed. The soil above each helix on an anchor resists the upward tension which is exerted by a moored boat or dock, The firmer the soil, the more resistance to the upward tension is generated.Anchors relying on this exact same concept have been used in applications which required holdin.g capacities up to 200,000 lb. — loads far greater than those we are generally considering. Vlpoycqrd,.H� n 70UH esufti7 LEL" 7 �1500- - r�qTYA� insan ottoll 3,000 -lb. concr e USQq �joc set in%1nU14 6,000-11). cement block on sand hottem 3,M0 Ib 8 / 10 Helix soft clay mad 20,8004- lb . The table above compares the holding power of different traditional marine mooring anchors wd th that of a screw anchor. The Vineyard.Haven, Alass., harbormaster selected typical traditional anchors within his harbor for a comparative test. A 65 foot tug pulled laterally on each anchor until it failed and the load at failure was recorded. The screw anchor never failed. Father, the I./V-," pulling hawser parted at 20,800 lb. of load. 30� 1993 Inc. '0 6 Sys, f actor . OTM. "f et -Y , U alld 5'ell�le, T1% I-Lovc� 14C d Vktr� t�,.e eting 'do lr :oe�- ,evvesSe " etIT "'s &rL e erp"s, eo,j&tuly - g vist-,11 tjo�ol - ovin , t CT a's V 1Q, �gewport 130a a wltyL - 'Ce Vatil 30� , the prelote "Te Yield s �eet st,&Uol, at a a. 'Ne la er 2o to $jways "a rttveasAtl -a -g 0"aT Ve 11ale —61,e rO aiag trol eve, 0� tal Uc"p ft'T tile sevP1 rar�[& e b,&c1:Lo0 5 01 boats G�o tri 5,or CX piltllg "�p 3�erjte �V 13100V . In'as ba� d too rag g tjel Na��e, & ��l ?",D,rt - asks`lle Islaild, as )�e� Is I ortax�t 'Ir relp, of the s-isto, e t1cL9 ,oit-a Yo )"0 Q�, Q"T '05S -.�.Sterd 've oil sorDe f for olp'PoTtlinit to 110 519r, -ists", Coe 1'1�' ov c vr"e KV 0,6 s s as 113'ea to act cawol�sed 110 da, , - , ores, var Itle. )oott el risn - , �d "I recommend an embedment -style mooring like the Helix anchor from Helix Mooring Systems; its holding power is qLllto phenomenal. A Helix anchor is screwed into the seabed and is probably the most secure form of mooring I have seen." — Roger Marshall, Technical Editor Soundings August 1999 "We are convinced that this new system (screw anchors) for anchoring boats is far more desirable," says William Oakerson, senior vice president for BOAT/ U.S. Boating Services. "After Hurricane Bob, a lot of mushroom anchors washed ashore. It's a superior system and we are rewarding people for investing in it." -- Soundings March 1994 "It seems to me like that (the screw anchor) is the mooring of the future" said George Jennings, harbor master in . Marion, Mass., where 91 of the 1,200 moorings are anchored to the bottom with screw anchors, Portland Press Herald (Maine) Dec. 26, 1995 (Editor's Note: Marion now requires Helix anchors for all Moored boats 26' LOA and longer.) Whether multiple -slip marina dock systems for hundreds of boats or a private dock for one' boat, floating docks are only as effective as their anchoring system. Marine engineers, marina owner I S, dock manufacturers, and yacht clubs are now seeking Helix anchors for a variety of reasons: * Achieve design load requirements of 5,000 lb., 10,000 lb., and 20,000 lb. per anchor; • Effective with chain, winch/cable, rope, and elastic rodes; • Effective in ocean tides, river Currents, and natural or dam -controlled lakes; • Effective in shallow and deep waters, on sloping harbor bottoms, and Ill ice -prone areas; • Eliminates piles and allows unobstructed views. 26 Helix anchors — approved by the design engineer and selected by the dock manufacturer — secure the new marina docks (left portion). Immediately upon. installation, selected anchors were load -tested to prove the required 10,000 lb. holding. They are secured to the docks with winch and cable at this dam -controlled lake in western New York. rhox "More and more marina installations want to moor their floating structures, This provides for attractive, ,unencumbered, arid clean -looking installations. It also provides survivability in ice-hostle and storm -prone areas, high tidal fluctuation regions, and it eases th6 process for annual removal of docks or wave attentuators for storage elsewhere when necessary" -- Marinas and Small Craft Harbors, by Bruce Tobiasson & Ronald Koilmeyer, Van Nostrand Reinhold P.O. Box 723, Belfast, ME 04915 Marine distributor of Phone: 207-338-0411 Fax: 207-338-0415 cmm ®R anchors "A network of chains or cables, connecting a floating dock system to seabed anchor points, is very often the most economicalarld.O.Ply.physical way to anchor marina docks considering the particular Conditions of a given design. The main goal for this and any other anchoring system is to limit the horizontal displacement of the floating dock system while allowing the docks to freely move up and down with the water level val floll Gilles Collin, Technomarine International Management Inc. Repentigny, Quebec Adopted fi-oin inaterials prepared by Gilles "Our floating concre'LP docks are fairly exposed to winter's harsh Northeasters and waves which build with those winds. We routinely sustained annual winter damage in the $10,000 range until we installed a winter wave attenuator secured by Helix anchors, The reduced wave action on our docks is quite noticeable, I'd esti- mate that the docks now work about 25% less than they used to in a 50 knot wind and 50% less in a 25 knot wind. We rernove the wave attenUator (but not the anchor system) each spring and return it in the fall." — Tim Moll, General Manager, Brewer's Plymouth Marine Plymouth, Massachusetts ,Helix Mooring Systems, Inc. Marine distributor of Chance* anchors �Tbll Free: 1.800-866-4775 DISCLAIMER The material presented in this bulletin is derived from generally accepted engineering practices. Specific applications should be prepared by a local structurallgeotechnical engineering firm familiar with conditions in that area. The possible effects of soil are beyond the scope of this fullel and should :;a evakiated by others. Chance Company assumes no responsibility in he peocirmanco of anchors beyond lbst sated in our SCS policy sheaf an Zerms and c,a�ditions of site. CUJFB/ -183 C\-,, Hubb 11 / Chance .,rD 111P&M ISO 9001-1994 Cert. No. 001136 210 N. Allen St. Centralia, IVIO 65240-1395 USA A. 8, Cl Co. Centrilia Mo USA POWER SYSTEMS, INC. 'ZrrL%, I i Beral.120 Chance has a policy of continuous product improvement, wo rosoNo the right to change design and spocifications wiinout notice. Bulletin 31-9608 1999 Hubbell / Chal Printed in U.&A. Ri 1/99 A&J SM IA)9 mocoring id- I The dramatic increase in the popularity of boating ��tomanage their mooring f9l for the afet during the past 25 years has forced wate n :vessels and the benefits.to the communit yli managers In find better ways to maximize the use of available mooring space. Harbors with traditional The painful lessons from storms — dragging Trio mooring fields had to shorten scopes and overlap anchors and damaged boats — demonstrated t e nee for permanent mooring anchors which would be swing circles to accommodate additional boats. effective with short scopes and overlapping swing Mooring Fields, previously unknown in other regions, be.,an to appear because new slip space was difficult to permit and expensive to lease. At first these were informal mooring fields without regulations or management, but communities soon realized the need "We're working with MIT/Sea Grant and improve our mooring capabilities. We'v mooring for'Marlon. instead, the Helix sl G eorge J 'H enniings, ar ormaste (No -0 -1997, Ala;rio n h a 'r'! circles, even in severe weather. Harbormasters and waterfront engineers recognized this need, and the high -holding, fixed -position Helix anchor became the mooring anchorof choice in.many mooring Fields, ous engineers and Insurance personnel on,ljoW16' ter6flned the mushroom anchor Is 6oi a aoo'd ru M 0 e favo�able Stuart, Florida 70 Helix anchors were specified and installed for the new Southpoint Anchorage during 2000, The anchors were load -tested to resist .16,000 lb. of force to safely serve I ocal and transient customers cruising in the Stuart area, Fax: 207-338-0415 Email: I-lelixftrexar,corn Falmouth, Massachusetts 150 Helix anchors were installed in the Falmouth inner harbor during 1994. The gridding plan was approved by the Falmouth Harbormaster and the Army Corps of Engineers, This grid allowed Falmouth to accommodate larger boats on the same number of moorings while clearing the channel as required by the Corps. Marine distribLI-tor of V - 777779 t".177 "' , ", I P MOIR., M n;� Here is an eximple ofa dense inooring field plan. The cross hairs indicate , anchor site. The 661id cfi�lesl represent the approximate swinging 6rcle of the mooring buoy atMLWjn'unloaded condition. The broken circles repre- sent the swing circles of design capacity boats at design wind load and �torm high water. The diameter of the swi ng circles varies with changi ng water depth, The high density of moorings is very site specific and rLiquires careful operation and man- agernent. Grid spacing and chain length vary with boat size and water depth (depth contour lines indicate si.anificant depth variations within this mooring field). Prepared by Bruce Tobiasson of Waterfront Design Associates, Medfield, Massachusetts . Oyster Pond, St Martin Wells, Maine' 40 Helix anchors were installed in this hurricane holL, To take maximum advantage of the limited area at the on the northeast coast of St Martin after the original mouth of their river, the town of Wells installed 75 Helix Helix test anchors proved their worth during hurricanes anchors for their bow and stern mooring system. There in 1996 and 1997. On a year-round basis, these moorings are three rows of boats with each Helix anchor securing serve vessels from 36' to 55' LOA which are part of a the bow of one vessel as well as the stern of another. bareboat charter company fleet, Helix Mooring Systems, Inc. Marine distributor of ChancO� anchors Toll Free: 1.800-866-4775 DISUAIMER: The material presented in this bulletin is derived from generally accepted engineeling practices, Specific applications Should be prepared bya locaf structuril/gcoachnical engineering firm familiar with conditions in that area. The possible eliects of soil are beyond the scope of this bulletin and should le, evaluated by others. Chance Company assumes no responsibility in th�,, performance of anchors/piers beyond �fa� stated in Our SCS policy sheet on terms and conditions of s�,jlo. a Hubbell/ Chance k% ISO .9001,1994 210 N. Allen St. 4Y V Cort. No, 001136 I& citem 1395 USA A. S. Chance Co. Centralia, MO 65240 - POWER SYSTEMS, INC. Centmila, MO LISA NONE.: Because Chance has a policy of continuous i irnfll`OVernem� via reserve the rigm to change design and specifications 'Nihout nolico. Bulletin 31-9605 ','Copyright 2002 Printed in U,S.A. fi�/, V02 AU 21M Helix anchors were selected to atigm enit� the original dock anchoring system at this 300 slip boat club on Lake Huron in Michigan. After successive years of extensive damage because the original pipe -pile anchoring system fail ed during storms, the club had 16 Helix anchors with chain rode installed at crucial locations. 6crew anchors were selected by the Albany (New York) Yacht Club to secure their new marina docks and contend with the combination of wind, current, and tides in the Hudson River, At two of the anchor sites, a ledge prevented the use of screw anchors. At those sites, holes were drilled and rock anchors %vLre cemented into the ledge during the same anchoring process. 125 moorings at the Mallets Bay Yacht"Club on" Champlain, Vermont, are secured with screw anchors. these anchors the club was able to fit more moorings its designated mooring area. With into CENTURION CH �RTTEIPPSo �R-t- TUNIS Le Villa., no c,ptal UN Y-kCHT CHARTERS OYster Pond n Oliver 81 Alert!, 97150 �-3. Box 1062, Mariger St' Martin 9715� October io, 998 Tal f590) Fax: (590) 88� 30 - 49 Royce Randlett Helix U"Ping Systems PO Box 723 Belfast, ,jam, 04915 1)8�p Royce, Hurricane Georges Is r happy to report the -OW long gon. sustained � ads I all Our HeIL, -rom St - "'faa,ten, and I ia7n 0 st K anchors Performed thi y BP Pond reached JOG MPI -1, but all Moorings als 3 anchorage hei( . well. The There are 0 10 more I CCR has 15 Hefix m the Helix Other boat Helix MOOrin,s he coring'. -o I ere Which , e sold to in an effort to make the rvhOl� anc7horag- safe. TATe dove on Od, M and aR Helix ano- OoriPgs after the sco,m to maintenance nOPs were still check for Problem, as me , but 'No did I In place. The anchors required 1.0 Py Of our 5/8 -- h - 'lid evidence Of Sj.,nf_ Of the stor am shackles 'cant mooring load m and had to be replaced. �"ere elongated by the strain The T17,Pd Is spreading aboi,,t Of Helix allcho-r-s in Si OuP S110,esses, as Well as the catarnapans and 17-, Moson's Ba, succe,, Y where they ,.,e around "r monolluils in S - I -, - securing tb the Island tl�b , Wicialps . fleet. I ex 1999 hurricane ,as� - �"a,_,�ing the,, o-,, H.l , pec,, ti�-rs n co -"nes apo"d. , -, -ux auchOrs b,fO,, the Best regard,, 31, r,zt1eu1_rit_n"1,Y� Chsr,lell Reunis New York, -Maine, New Brunswick, Nova Scotia, and Taiwan acIuaCUltUVe fill-ins are Helix anchors to secure their laige fish pens ui %vell Lis ice barriers proto'ctilu' t1lo pen.�. This farm survived a severe winter storm I)CC�IUSQ the Helix anchors secuting jli�L line side hold %vhile oil the 5,000 11). deadweight ancliors oil the other birec �ide.� luov(:d [Irlder t1le. storm load. 1W Square Shaft Anchor Mooring Termination Extension Shaft (optional) Leading Shaft (typical) I O" -diameter Helix >- !8" -diameter Helix Benefits of the Screw Anchor • Versatile, high-lbad capability to serve any permanent anchoring need. • Holding power which cannot be equaled by traditional mushroom anchors or deadweight blocks. * Maintains its holding power even with the shorter scoping necessary in congested harbors. * Stays where it is put and is friendlier to harbor bottom environments. . .... . ear' 'after Hurric pe., 16 ld,�Hijrri r Werpli piled ashore. .­it��,fQotuit-Hwbor (Massd6h F�9�61: 4as inia' With OvOr"200 ... Vi§`!�'sels,_ most w';'ith�' systems fully in' td6t Helical Piles, or ses.i.screws (two -names for s6re w_� c mon, Lit are exce'ptl6fiall '466tive.... WhE�in om b y the bottom wMith:the- top- 6 -ye -i flu's"k or into the bottorr Hefix Mooring Systems, Inc. —marine distributor of C I hani anchors ,fall Freez 1-800-866-4775 t�,CLAIMER: The material presented in this bulletin is derived from generally accepted engineering practices should bepreparedbya ,cal '�lruclural/geo!ochnii terigineeiing flim familiar with conditions in that area. The pos7ible efflects of soil ire beyond the scope of this bulletin and should b�. �)Ilafuatld by others. Chance Company assumes no responsibility in the performance of anchors/piers heyord hal itated in our SCS policy shotat on terms lj�d �-.cnditicrvs If Sale. L Hubbell / Chance IS0900 1 -1994 210 N. Allen St. Cert. No. 001136 Centralia, MO 65240-1395 USA A' B Cha `8 co' 17NER SYSTEMS, INS. C.ntralla."MO USA Po fosorvo tile right to change. dosign ind Alotin 31-9604 ,V. , -1/00 "2000 Hi_ibbell / Chance PrinLcd in U.S.A. zv�.j 51111 tic') L November 3, 2004 Mr. Cyrus Tabaz 13255 Mulhollond Drive Beverly Hills, CA 90210 Dear Mr. Tabaz: re: Hoag Hospital Fundraiser—Newport Harbor On behalf of the organizing committee of the First Team Real Estate Invitational Regatta ("FTIW'), we would like to thank you for allowing us to utilize your Bayside Drive site and dock. This inaugural event is intended to be a major fundraiser for the Hoag Hospital Heart and Vascular program., while at, the same time highlighting the Newport Beach community and some of its facilities, The temporary mooring of some of our regatta participants at your dock and providing them with direct access to their support vehicles ashore was one of the larger... hurdles we have had to overcome to bring this event to fruition, and your generosity will go a long way to satisfying this need. As a matter of interest, your dock and the extension thereof will be the temporary home to some of the largest, fastest and most sophisticated occan racing boats in the world. The regatta is gTowing daily, and we anticipate having between 6-10 yachts berthed at your site, with the smaller of the remaining 25-30 participants docking at either Newport Harbor or Balboa Yacht Clubs. As Frank probably explained to you, some of these new racing machines have extreme drafts in the 16 foot range, and are impossible to moor at more traditional facilities in the harbor. Again, the ability to use your facility will enable the boats to actually be in Newport Beach while participating in the Regatta. The publics interest in these racing machines will allow us to maximize the regatta's contribution to Hoag's financial needs. This letter will also serve as our agreement with you and outline what our responsibilities are regarding the use of your property. B e n e if It i n g Hoag Memorial Hospital P r 9 s b y � e r I a n One Hoag Dive, PO Box 6700, Newport Beoch, CA 92658-6100- Phone 9491764-7277- FOX 9491764-7207 Fundamentals: Dates: (approx) Install Temporary docks: May 13 Ih_ 16th Use Date: May 17t -23d Take-down May25-26. FTIR intends to temporarily lengthen your existing dock and professionally place temporary docks, anchors and related structures in place to create a safe mooring area. o FTI IR to name you arid/or the property as "additional insured; 0 FTIR-will cover your dock with "indoor -outdoor" type carpet for the event and remove at completion; FTIR will obtain prior government approval for all temporary docking facilities; FTIR will provide first class, toilet facilities as needed; * FTIR will guarantee that the dock and ancillary facilities are returned to you I in at least the game condition as they were before the event; * FTIR will fabricate instructional and directional signs as needed to assure the integrity of your outstanding site and dock facilities. We hope to meet with the owners of the temnorary docks within the next few weeks and prepare an initial exhibit of how the facility will lay out. We will share a copyof that with you as we proceed. As we make progress we would like to work directly with you, perhaps we can meet with you for lunch when you are in the area. Alternatively, if you wish that we work with Frank please indicate so. Again, we thank you for your cooperation and hospitality, and we will insure that you receive the personal recognition you deserve for it. B e.n e f I t i n g H a a g Memorial Hospi tc I P r e s b y t e r i a n One Hoog Ofive, POBox6100, NewporfBeoch, CA 92658-6100 - Phone 9491764-7277 - F(-jx 9491764-�.-07 If the above arrangements are satisfactory to you, we would apprec-late if you would so indicate by dating and signing a copy of this letter. It is our understanding that we will need some written acknowledgement of this arrangement in order to proceed with the City and Coastal Commission permitting process. We have included several regatta brochures for you review. Sincerely, M��a dodeln �11P J. Swigart, Jr. TT,e fore oin arran ent- are bereb -",—W PA —A 5 F, 5---- .7 . 9 Dated: (/ /'d /Z 2005 -- Cc: FrjAk Easterbrook Jeff Gordon B e n e f 11 i n g H o a g M e m o r 1 a I H c) s p a I P r e s b y i e r i a n OneHoagDdve, POBox6100, NewporfBeoch, CA 92658-61OD- Phone 9491764-7217 - Fox9491764-7201 C YRUS T-ABAZ ADENDUM TO THE LETTER OF AGREEMENT DATED NOV. 3,2004 Jan.13,2005 Mr. James C. Madden Mr. John J. Swigart, Jr. Benefiting Hoag Memorial Hospital Presbyterian One Hoag Dr. P.O. Box 6100 NewportBeach, CA92658-6100 Re: Hoag Hospital Fundraiscr- Newport Beach Gentlemen: First I would like to take this opporumity to thank you for giving us the privilege of making ojr share of a contribution to the fundraising event for Hoag Hospital Heart and Vascular program. Please also accept my sincere apology for not responding to your letter of November 3 earlier, due primarily to the extra ordinary set of circumstances involving my personal, as well as business life, althodgh all along, through Frank Easterbrook, I have continued to communicate my expression of support for this honorable cause. Enclosed I am sending you my signature of approval for the conditions outlined in your above referenced letter, as well as the conditions listed herein as an addendum to your letter, conditions which I understand Frank has already discussed with you in person, as follows: I . To protect the highly sensitive plastic surface of the pier and the dock, I would like to ask that the entire area to be covered with outdoor carpet and a special non abrasive padding to be used under the outdoor carpeting in order to protect the area from the sand paper effect of the carpet backing, as well as the abrasion that can be brought about by tracking of the beach sand. 1 Proper insurance to be put in place prior to the commencement of the event, and during the period of preparation. 3. Any and all "bulleted" items which are the responsibility of "First Team Real Est -ate Invitational Regatta Committee" to be approved by the undersigned on orbefore May 1, 2005. 4. Special plan to be put in effect to limit the use of the lot itself to the crews of the race team only, and the general public not to be authorized to enter the property, 5. There will be no intrusive drilling or screwing to the sides of the dock of pier. 6. In thy absence, Frank Easterbrook is fully authorized to make any and all decisions on my behalf, Again, thank you, and if we can be of any further assistance to you please do not hesitate to contact me at any time. Sincerely, cc: Frank Easterbrook January 25, 2005 Mr. Organizing Committee: First Team Real Estate: Cameron Merage, Re: First Team Real Estate Invitational Rezatta, May 19-22, 20 Founder and CEO Debbie Lewandowski Gail Kirkpatrick Dear Mr. Douglas K. Freeman, Esq. NewRort Harbor YC' On behalf of the Hoag Hospital Foundation and the Newport Harbor area yacht clubs, it is our pleasure to invite you to participate in the first biennial "First Team Real SIC Jay Swigart, Co-Clmm. Estate Invitational Regatta for the Benefit of Hoag Hospital." This prestigious event is Jim Madden, Co�Chmn. S/C Grant.Baldwin scheduled for May 19-22, 2005 and will bring together a select group of approximately SIC Phil Ramser 20 of the largest and most competitive racing yachts in the country including the Comm. Mark Olson Jeff Gordon MaxZ86s and TP 52s for buoy racing off the beautiful coast of Newport Beach, Paul Stender California. Bob McDonald Jerm Lanoader Ralbott Ye The forinat of the regatta is described in more detail in the enclosed brochure, but in Comm. Norm Shopherd summary, the concept is for corporate sponsors with an interest in sailing and Mike 'Arathen supporting Hoag Hospital to contribute funds to acquire the right to call one of the. TorryReinhaid yachts its own for the weekend. Doug Campbell Craig Reynolds Len Bose From the perspective of a boat owner, this will be just like any other regatta, except Owner's R�Q. that owners will be asked to allow the assigned sponsor's name to appear on the bow Robbie Haines (within RRS Category A rules) and to allow a limited number of the sponsor's Tom Pollack representatives onboard for Friday's races, will' a fewer number of guests on board for Hoag Hospital Foundation: Saturday and Sunday's races. The number of guests will depend on boat size and Ron (Aaiak Salety Considerations, with limits intended to allow the sponsors to get a taste of the Jim Dale action but without interfering -with the crew's ability to effectively race the yachts. Debra Legm Andrea Wood Janis Dim�riddie There will be no entry fee and sponsors will be asked not to solicit boat owners for Brian Turner business purposes. All net proceeds will go to, benefit Hoag Hospital's Heart & Vascular Institute, Our intention is to create a highly competit ive, first class buoy racing experience similar to the St. Francis YC's Big Boat Series. Following on the beels of the Ensenada Race and the Alunanson Skylark Series, and preceding Coastal Cup and the ISO January 25,2005 — Page 2 — 100'h anniversary TransPac, it is hoped that this regatta will be a convenient and exciting addition to this summer's racing season. First Team Real Estate has generously agreed to be the Title Sponsor, and their support will chsure that the regatta will be well-publicized in both the local and national media, We have. also retained a professional publicist and event organizer to ensure that the event receives the maximum exposure for our sport and for the participants involved. There will be both on -the - water photography and videotaping of the racing (though not platformed from racing boats), all of which will be available to boat owners, sponsors and participating clubs for their historical and promotional purposes. Every etiort is being made to make this 2005 event a memorable one. Exciting social events are planned for each day and all participants, and especially the winners, will go home with outstanding trophies commensurate with an event of this caliber. We would be honored to have your yacht as one of the participants in this inaugural First T.eara Real Estate Invitational Regatta, Please mark your calendar for May 19-22, 2005 and r6turn the enclosed Entry Form' to reserve a spot for you in this regatta. If you have any questions, please do not hesitate to contact either me or Jim Madden, my co-chairman, or the. Yacht -Racing Director at Newport Harbor Yacht Club, Jenn Lancaster at (949) 723-6869, for further details, Respectfully, John J. "Jay" Swigart, Jr., Event Co -Chairman (949) 725-4168 iqmdg�� Enclosures James C. Madden V Event Co -Chairman (949) 721-6664 jimsrm@adc1Vhia.n CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPOR! BEACH, CA 9265&8915 July 24, 2001 Cyrus Tabaz 13255 Mulholland Dr Beverly Hills, Ca 902 10 Re: Pier Permit 10522091 for 2209 Bayside Drive Dear Mr. Tabaz: The City of Newport Beach Harbor Resources Division has received a complaint regarding a liveaboard situation within your harbor permit area. Specifically, the complaint is that there is someone residing on the vessel that is berthed at your dock in violation of the City Harbor Permit Policies, Section K. which prohibits anyone from sleeping aboard a vessel that is at a residential dock Section IL "In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted." The Orange County Sheriff Harbor Patrol conducted an investigation of this complaint and has advised the City that the complaint is valid and an individual is residing on board the vessel. Section F. of the Harbor Permit Policies defines a liveaboard as follows: "The term Liveaboard shall mean the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 3 days." Please take whatever measures are required to resolve this situation and come into compliance with the above stated sections of the harbor policies, If you require additional information regarding this matter, please call me at 949-644-3043. Sincerely, 'Y' Wes d Harbor Inspector Harbor Resources Division Cc: Tony Melurn Dave Kiff VIA 3300 Newport Boulevard, Newport Beach FROM : OC SHERIFF NEWPOW HRRSOR PHONE NO. ; 873 6295 Jul. 18 2001 01:31Fm P1 SHERIFF -CORONER DE PARTMENT COUNITY'OF ORANGE CALIFORNIA Harbor Pa,trol Division TELECOPY TILkNiSiNTITTAL $HEET DATE: 1330 MNIBER OF PAGES: (INCLUDES COVER PAGE) —!Y-'-74�3,3 c 1/0 & F.kl< 1.,P,'muLR -W L30L OFTRC� PHONE I.,;A4BFR OFFICE PHQ?,T NUMBER MESSAGES: IF THERE ARE, auNY QMTIONS, PROBLEMS OR YOU DON'TRE-CFIVE ALL OF TEE PAQtS, PLEASE CALL, (949) 1901 BAYS(DE DRIVE, CoaoNA ont, MAR. CA1,IFORNiA 92625 FROM OC SHERIFF NEWPORT HRRBOR PHONE 1,10. : 673 6295 Jul. 16 2001 01:39PM P2 T= SrJkLs �ARZ To T,_ 50. T=- BOAT IS S`=Q--,ED V_` C 'Y: �K_ de Cola—, or., lemsth) t4 C—, NMOER .oCATTO J r)2 ". F : SZ-::-rT_ 1: 6A Ls Na, 0 U;j 77 t 00 J'a, tj 1'o 7. 0'7< �Ocpl--e / 2 PC "EA.41 41 Py)!:r dAj r- V ------------- Ls fully 24, 2001 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cyrus Tabaz 13255 Mulholland Dr Beverly Hills, Ca 90210 Re: Pier Pernrit 10522091 for 2209 Bayside Drive Dear Mr. Tabaz: The City of Newport Beach Harbor Resources Division has received a complaint regarding a liveaboard situation within your harbor pern-dt area. Specifically, the complaint is that there is someone residing on the vessel that is berthed at your dock in violation of the City Harbor Permit Policies, Section K. which prohibits anyone from sleeping aboard a vessel that is at a residential dock. Section K. "In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted." The Orange County Sheriff Harbor Patrol conducted an investigation of this complaint and has advised the City that the complaint is valid. and an individual is residing on board the vessel. Section F. of the Harbor Permit Policies defines a liveaboard as follows: "The term Liveaboard shall mean the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding 3 days." Please take whatever measures are required to resolve this situation and come into compliance with the above stated sections of the harbor policies. If you require additional information regarding this matter, please call me at 949-644-3043. Sincerely, Ynd Harbor Inspector Harbor Resources Division Cc: Tony Melum Dave Kiff 3300 Newport Boufevard, Newport Beach MEMORANDUM Newport Beach Harboi Resources Division Date: March 29, 2001 To: Harbor Department Watch Commander From: Wes Armand Subject: 2209 Bayside Drive The property owner at 2209 continues to draw complaints from adjoining owners regarding the activities at his dock. Complaints have gone to the City Attorney stating that the owner, Mr. Tabaz, is allowing workers to do maintenance to the vessels berthed at his dock that should be done in a boat yard and not in front of a residence. We have been asked by our City Attorneys' office to monitor the activities at this dock to verify whether the complaints are valid or not. If possible could your patrolmen keep a log regarding the work happening at this location for a few days so we can respond to the complaining parties? Please let me Imow whether this can be scheduled. I can be reached at 644-3043. Thanks very much Arrhand, Wes From: Melum, Tony Sent: Tuesday, March 27, 2001 3:50 PM To: Armand, Wes Subject: FW: Mr. Tabaz Could you follow up and let him know? ----- Orig�nal Message ----- From: Ohl, Daniel Sent: Tuesday, March 27, 2001 1:47 PIA To: Sinasek, Jim; Melum, Tony Subject: Mr. Tabaz The Ross'are complaining yet again about the activities at his house. She seems to think that he is operating some kind of boat repair business at the site. I told her that the property was in acceptable condition from our perspective since he removed the trailer, boats, and jeep. Is there anyway we can do a quick tour past the property to see if there is any problem so I can respond to these folks. I seriously doubt there is any problem whatsoever but since they complained we need to look into it. Thanks. ArmAnd,"Wes To: Melum, Tony Subject: RE: Mr. Tabaz The only avenue we have is to request the Harbor Depi�rtmpnt to check out the complaint. There are two boats at his dock and one is as you saw in bad condition requiring work. As long as the work follows the guide lines of maintenance work allowed on a boat in the water, and he is not living aboard,or creating a noise or trash nuisance, we don't have anything we can do from our reg's. I will request the HD to check out the above and when they respond we can call her back. She complains on a regular basis. ----- Original Message ----- From: Melum, Tony Sent: Tuesday, March 27, 20013:50 PM To: Armand, Wes Subject: FW: Mr. Tabaz Could you follow up and let him know? ----- Original Message ----- From: Ohl, Daniel Sent: Tuesday, March 27, 2001 1:47 PM To: Smasek, Jim; Melum, Tony Subiect: Mr. Tabaz The Ross'are complaining yet again about the activities at his house. She seems to think that he is operating Some kind of boat repair business at the site. I told her that the property was in acceptable condition from our perspective since he removed the trailer, boats, and jeep. Is there anyway we can do a quick tour past the property to see if there is any problem so I can respond to these folks. I seriously doubt there is any problem whatsoever but since they complained we need to look into it. Thanks. 32 -f y 7eW'td1 2. NAVIGATION REGULATIONS A line drawn across the seaward extremities of the Coos Bay Entrance Jetties. §80.1325 Umpqua River, Oreg. A line drawn across the seaward extremities of the Umpqua River Entrance Jetties. §80.1330 Siuslaw River, Oreg. A line drawn across the seaward extremities of the Siuslaw River Entrance Jetties. §80.1335 Alses Bay, Oreg. A line drawn from the seaward shoreline on the north of the Alsea Bay Entrance 165* true across the channel entrance. §80.1340 Yaquina Bay, Oreg. A line drawn across the seaward extremities of the Yaquina Bay Entrance Jetties. §80.1345 Depoe Bay, Oreg. A line drawn across the Depoe Bay Channel entrance parallel with the general trend of the highwater shoreline. §80.1350 Netarts Bay, Oreg. A line drawn from the northernmost extremity of the shore on the south side of Netarts Bay north to the opposite shoreline. §80.1355 Tillamook Bay, Oreg. A line drawn across the seaward extremities of the Tillamook Bay Entrance Jetties. §80.1360 Nehalem River, Oreg. A line drawn approximately parallel with the general trend of the highwater shoreline across the Nehalem River Entrance. §80.1365 Columbia River Entrance, Oreg./Wash. A line drawn from the seaward extremity of the Co- lumbia River North Jetty (above water) 155' true to the seaward extremity of the Columbia River South Jetty (above water). §80.1370 Willapa Bay, Wash. A line drawn from Willapa Bay Light 171' true to the westernmost tripod charted 1.6 miles south of Leadbetter Point. §80.1375 Grays Harbor, Wash. A line drawn from across the seaward extremities (above water) of the Grays Harbor Entrance Jetties. §80.1380 Quillayine River, Wash. A line drawn from the seaward extremity of the Quil- layute River Entrance East Jetty to the overhead power cable tower charted on James Island; thence a straight line through Quillayute River Entrance Light 3 to the shoreline. §80.1385 Strait of Juan de Fuca. The 72 COLREGS shall apply on all waters of the Strait of Juan de Fuca. §80.1390 Haro Strait and Strait of Georgia. The 72 COLREGS shall apply on all waters of the Haro Strait and the Strait of Georgia. §80.1395 Puget Sound and Adjacent Waters. The 72 COLREGS shall apply on all waters of Puget Sound and adjacent waters, including Lake Union, Lake Washington, Hood Canal, and all tributaries. §80.1410 Hawaiian Island Exemption from General Rule. Except as provided elsewhere in this part for Mamala Bay and Kaneohe Bay on Oahu; Part Allen and Nawiliwili Bay on Kauai; Kahului Harbor on Maui; and Kawailae and Hilo Harbors on Hawaii, the 72 COL- REGS shall apply on all other bays, harbors, and lagoons of the Hawaiian Island (including Midway). §80.1420 Mamala Bay, Oahu, Hawaii. A line drawn from Barbers Point Light to Diamond Head Light. §80.1430 Kaneohe Bay, Oahu, Hawaii. A straight line drawn from Pyramid Rock Light across Kaneohe Bay through the center of Mokolii Island to the shoreline. §80.1440 Port Allen, Kauai, Hawaii. 5 A line drawn from Hanapepe Light to Hanapepe Day Breakwater Light. §80.1450 Nawillwili Harbor, Kauai, Hawaii. A line drawn from Nawiliwili Harbor Breakwater Light to Kukii Point Light. 10 §80.1460 Kahului Harbor, Maui, Hawaii. A line drawn from Kahului Harbor Entrance Break- water Light I to Kahului Harbor Entrance Breakwater Light 2. §80.1470 Kawaihae Harbor, Hawaii. 15 A line drawn from Kawaihae Light to the seaward extremity of the Kawaihae South Breakwater. §80.1480 Hilo Harbor, Hawaii. A line drawn from the seaward extremity of the Hilo Breakwater 265* true (as an extension of the seaward 20 side of the breakwater) to the shoreline 0.2 nautical mile north of Alealea Point. §80.1495 U.S. Pacific Island Possessions. The 72 COLREGS shall apply on the bays, harbors, lagoons, and waters surrounding the U.S. Pacific Island 25 Possessions of American Samoa, Baker, Canton, How- land, Jarvis, Johnson, Palmyra, Swains, and Wake Island. (The Trust Territory of the Pacific Islands is not a U.S. possession, and therefore PART 80 does not apply there - 30 to.) Part 110 -Anchorage Regulations §110.1 General. (a) The areas described in Subpart A of this part are designated as special anchorage areas 35 pursuant to the authority contained in an act amending laws for preventing collisions of vessels approved April 22, 1940 (54 Stat. 150); Article I I of section I of the act of June 7, 1897, as amended (30 Stat. 98; 33 U.S.C. 180), Rule 9 of section I of the act of February 8, 1895, 40 as amended (28 Stat. 647; 33 U.S.C. 258), and Rule Numbered 13 of section 4233 of the Revised Statutes as amended (33 U.S.C. 322). Vessels not more than 65 feet in length, when at anchor in any special anchorage area shall not be required to carry or exhibit the white anchor 45 lights required by the Navigation Rules. (b) The anchorage grounds for vessels described in Subpart B of this part are established, and the rules and regulations in relation thereto adopted, pursuant to the authority contained in section 7 of the act of March 4, 50 1915, as amended (38 Stat. 1053; 33 U.S.C. 471). (c) All bearings in the part are referred to true merid- ian. (d) Geographic coordinates expressed in terms of lati- tude or longitude, or both, are not intended for plotting 55 on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 refer- ence may be plotted on maps or charts referenced to so NAD 83 only after application of the appropriate correc- tions that are published on the particular map or chart being used, Subpart A -Special Anchorage Areas 65 §110.90 San Diego Harbor, California. (a) Area A-1. In the Municipal Yacht Harbor, the water area enclosed by a line beginning at latitude 32-42'56.5"N., longitude 117'13'44V.; thence south- west to latitude 32'42'53.4"N., longitude 117'13'48.2"W.; thence northwest to latitude 2. NAVIGATION REGULATIONS 32'43'01.1"N., longitude 117*13'56'V.; thence northeast to latitude 32*43'02.4"N., longitude 117'13'52.4"W.; thence southeast to latitude 32*42'59.6"N., longitude 117*13'47.3"W.; thence to point of beginning. NOTE: Control over the anchoring of vessels and the placing of temporary moorings in the area is exercised by the San Diego Unified Port District pursuant to local ordinances. (b) Area A-2. In the Commercial Basin, the water area enclosed by a line beginning at latitude 32*43'13.9"N.; longitude 117*13'21'V.; thence northeast to latitude 32*43'16.2"N., longitude 117*13'13.2-W.; thence northwest to latitude 32*43'22.1"N., longitude 117-13'23.7-'W., thence west to latitude, 32*43'22"N., longitude 117*13'26.8V.; thence southyest to latitude 3 2 * 43'1 9"N., longitude 117' 13'29.2'V.; I hence southeast to the point of beginning. NOTE: Control over the anchoring of vessels and the placing of temporary moorings in the area is exercised by the San Diego Unified Port District pursuant to local ordinances. (c) (Reserved) (d) Area A-5. In Glorietta Bay, the water area en- closed by a line beginning at latitude 32'40'42"N., lon- gitude 117'10'00"W.; thence southwest to latitude 32*40'41"N., longitude 117'10'03.5"W.; thence north- west to latitude 32*40'46'Ni., longitude 117'10'12.5-W; thence northeast to latitude 32*40'46.5"N., longitude 117*10'11-W; thence southeast to point of beginning. NOTE: Control over the anchoring of vessels and the placing of temporary moorings in the area is exercised by the San Diego Unified Port District pursuant to local ordinances. §110.91 Mission Bay, California. (a) Area M-1. In San Juan Cove, the entire water area west of a line drawn from latitude 32'46'53.6"N., longitude 117*14'52.5V.; to El Carmel Point North Light; latitude 32*46'48.0"N., longitude 117' 14'50. 1 "W. Note. -Control over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances. (b) Area M-2. In Santa Barbara Cove, the entire water area west of a line drawn from latitude 32'46'40.0'-N., longitude 117 * 14'47.0'V.; to latitude 32'46'33.5"N., lon- gitude 117'14'45.5-W. Note. -Control over the anchoring of vessels and the placing of temporary mooring in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances. (c) Area M-3. In Mariners Basin, the entire water area west of a line drawn from latitude 32*45'49.2"N., lon- gitude 117 * 14�42.9'V.; to Mission Point Light; latitude 32'45'43.7'-N., longitude 117*1441.9'V. Note.-Controi over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances. (d) Area M-4. In Quivira Basin, the water area en- closed by that portion of a circle of 45 yard radius from from 32'45'42.8"N., 117'14'25.6-W.; through the arc from 354"T to 088*T. Note. -Control over the anchoring of vessels and the placing of temporary moorings in this area is exercised by the City of San Diego Park and Recreation Department pursuant to local ordinances. §110.93 Dann Point Harbor, Calif. 33 The area in Dana Point Harbor, Calif. commencing at a point at latitude 33*27'36.2"N. longitude 117*42'20.4'-W.; thence 016'20' True for 612 feet to a point at latitude 33'27'42.1"N., longitude 5 117'42'18.4�'W.; thence 106'20' True for 85 feet to a point at latitude 33*27'41.8"N., longitude 117'42'17.7"W.; thence 196*2W True for 222 feet to a point at latitude 33*27'39.7"N., longitude 117 * 42'1 8.2"W.; thence 182*20' True 234 feet to a point 10 at latitude 33'27'37,4"N., longitude 117*42'18.2"W.; thence 166*20' True for 499 feet to a point at latitude 33'27'32.6'-N., longitude 117*42'16.8'V.; thence 320' True for 470 feet to the point of origin. §110.95 Newport Bay Harbor, CaHL (a) Area A-1. In 15 Lido Channel, northeast of a line parallel to and 195 feet from the pierhead line along the southwest shore of Lido Isle; north of the south U.S. Bulkhead line off Lido Isle extended; southwest of a line parallel to and 120 feet from the pierhead line along the southwest shore of Lido 20 Isle; and southeast of the north side of Via Barcelona, on Lido Isle, extended. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor 25 Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. (b) Area A-2. East of the east side of 15th Street extended; north of a line parallel to and 250 feet from 30 the pierhead line between 14th and 15th Streets, this line being the north line of Newport Channel, and extending east in a straight line to an intersection with a line bearing 268' from Lido Isle East Light 2, this line being 35 the northwest line of the main fairway; west of the east side of 13th Street extended; and south of a line parallel to and 220 feet from the pierhead line off the south shore of Lido Isle. NOTE: This area is reserved for recreational and other 40 small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. 45 (c) Area A-3. A rectangular area, 40 feet wide and 885 feet long, on the west side of Upper Bay Channel, 120 feet cast of and parallel to the west pierhead line, the south end being 50 feet north from U.S. Bulkhead Station 00. 50 NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to Orange County Harbor Ordinance No. 490 for recreational and small craft of such size and alignment as permitted by the harbor master. 55 (d) Area A-4. South of a line bearing 268' from Newport Bay Channel Light 11, this line being the south line of the main fairway; north of a line parallel to and 200 feet from the pierhead line off Ilth to 8th Streets; and west of a line bearing 203' from Newport Bay 60 Channel Light 12, passing through the pierhead line at the east end of Lido Isle. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor 65 Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. (e) Area A-5 (Newport Harbor Yacht Club). East of a line bearing 23 * from the center of the north end of 8th Street, being parallel to and 150 feet distant from the 34 2. NAVIGATION REGULATIONS east end of Area A-4; north of a line parallel to and 200 feet from the picrhead. line off 7th and 8th Streets northwest of a line parallel to and 200 feet from the northwest pierhead line off Bay Island; and south of a line bearing 268* from Newport Bay Channel Light 11, this line being the southerly line of the main fairway. Note.—This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor- master. (f) Area A-6. Northwest of Harbor Island, beginning at a point on the Newport City line 107 feet from the angle point northwest of Harbor Island; thence 36*27', 55 feet; thence 303'18', 300 feet; thence 216'27', 72 feet; thence 165'12', 211 feet; thence 75'11'44", approximate- ly 216 feet, to the point of beginning. NOTE: This area is reserved for recreational and other small craft, Fore and aft moorings will be allowed in this area conforming to Orange County Harbor Ordinance No. 490 for recreational and small craft of such size and alignment as permitted by the harbor master, (g) Area A-7. East of a line parallel to and 150 feet from the east pierhead line off Bay Island; north of a line parallel to and 150 feet from the pierbead line off Fer- nando Street; northwest of the east side of Adams Street extended; and southwest of a line bearing 131 ' from Newport Bay Channel Light 11, being parallel to and 100 feet southwest of the southwest line of the main channel. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. (h) Area A-8. Northeast of a line parallel to and 270 feet from the southwest pierhead line from Collins Isle to Balboa Island; north of a line bearing 311 * from New- port Bay Channel Lighted Buoy 10 and passing through Newport Bay Channel Light 12, this line being the north- east line of the main channel; southwest of a line parallel to and 150 feet from the southwest pierhead line from Collins Isle to Balboa Island; and southeast of a line bearing 238' from U.S. Station 160. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance. No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. (i) Area A-9. In Balboa Island Channel, east of a line bearing due north from U.S. Station 151, being 25 feet west of the end of Emerald Avenue; north of a line parallel to and 75 feet from the north pierhead line off Balboa Island; west of the east side of Amethyst Avenue extended; and south of a line parallel to and 150 feet from the north pierhead line of Balboa Island. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. 0) Area A-10. Southeast of a line bearing 209* from Newport Bay Channel Lighted Buoy 10 and passing through the east side of the end of "A" Street- north of an irregular line parallel to and 150 feet from 'the north pierhead line off Balboa Peninsula from "A" to "K" Streets; south of the south line of the main channel; and south and southeast of an irregular line parallel to and 375 feet from the north pierhead line off Balboa Penin - 5 sula. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be: allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of 10 such size and alignment as permitted by the harbor master. (k) Area A-11. Northeast of a line bearing 108'30'from Newport Bay Channel Lighted Buoy 10, this line being the, northeast line of the main channel; 15 north of a line parallel to and 350 feet from the south pierhead line off Balboa Island; west of the west bulk- head line of the Grand Canal extended; and south of a line parallel to and 150 feet from the south pierbead off Balboa Island. 20 NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor 25 master, (1) Area A-12 (Balboa Yacht Club). South of a line parallel to and 150 feet from the south pierhead line off Balboa Island; west of the east end pierhead line off Balboa Island extended and bearing 161 *; north of a line 30 parallel to and 700 feet from the south pierhead line off Balboa Island; and east of a line parallel to and 1,000 feet from the east boundary, bearing 161 ' from the point of intersection of the east bulichead line of Grand Canal 35 and the south bulkhead line off Balboa Island. NOTE: This area is reserved for recreational and other small craft. Single moorings will be allowed in this area conforming to the City of Newport Beach Harbor Ordi- nance No. 543 for pleasure boats and yachts of such sizes 40 and alignments as permitted by the harbor master. (m) (Reserved) (n) Area B-1. Southeast of a line bearing 237* from Lido Isle West Light 4 and being parallel to and 200 feet from the pierhead line off the southeast end of Rhine 45 Point; northeast of the southwest bulkhead line off Rhine Point extended; north of a line parallel to and 250 feet from the pierhead line between 15th and 18th Streets, this line being the north line of Newport Channel; west of the west side of 15th Street extended; and south of a line 50 parallel to and 220 feet from the pierhead off the south shore of Lido Isle. NOTE: This area is reserved for recreational and other small craft. Fore and aft moorings will be allowed in this area conforming to the City of Newport Beach Harbor 55 Ordinance No. 543 for recreational and small craft of such size and alignment as permitted by the harbor master. §110.100 Los Angeles and Long Beach Harbors, Calif. (a) (Reserved) 60 (b) Area A-2. Consisting of two parts in the outer basin of Fish Harbor on the east and west sides of Fish Harbor Entrance Channel described as follows: (1) Part 1. Beginning at a point at the intersection of westerly side of Fish Harbor Entrance Channel and the 65 outer jetty; thence southwesterly along the jetty about 900 feet to the shore; thence northerly about 500 feet; thence northeasterly about 650 feet, on a line parallel to jetty; thence southeasterly about 500 feet, along the west- erly side of Fish Harbor Entrance Channel to the point of beginning. 2. NAVIGATION REGULATIONS (c) Keehi Lagoon. The waters of Keehi Lagoon en- closed by a line beginning at 21' 19'04"N. latitude, 157'53'50'-W. longitude; thence to 21 * 19'06"N. latitude, 157 * 53'44"W. longitude; thence to 21 * 19'37"N. latitude, 157*54'00'V. longitude; thence to 21*19'35"N. latitude, 157'54'06'V. longitude; thence to the beginning point. (d) Sans Souci Beach. The waters of Sans Souci Beach enclosed by a line beginning at 21'15'49"N. latitude, 157*49'31'-W. longitude; thence to 21'15'49.2"N. lati- tude, 157*49'29'V. longitude; thence to 21*15'56.2"N. latitude, 157*49'31-W. longitude; thence to 21*15'56"N. latitude, 157*49'33V. longitude; thence to the beginning point. (e) Iroquois Point Lagoon. The waters of Iroquois Point Lagoon enclosed by a line beginning at 21*19'53"N latitude, 157'58'30"W. longitude; thence to 21*19'56"W latitude, 157'58'31"W. longitude; thence along the shoreline to the beginning point. (f) Hickant AFB Marina (1)a. The waters of Hickam AFB Marina enclosed by a line beginning at 21 * 19'1 3"N latitude, 157*57'40"W. longitude; thence to 21*18'45"N latitude, 157'57'40"W. longitude; thence to 21'18'45"N latitude, 157'57'28.5"W. longitude; thence to 21*19'10"N. latitude, 157'57'28.5"W. longitude; thence along the shoreline to the beginning point. (g) Hickam AFB Marina (2). The waters of Hickant AFB Marina enclosed by a line beginning at 21 * ITI 1 "N ' latitude, 157*57'10"W. longitude; thence to 21'18'46.2"N. latitude, 157*57'20"W. longitude; thence to 21*18'46.2"N. latitude, 157*57'05.2"W. longitude; thence along the shoreline to the beginning point. (h) Aica Bay. The waters of Aiea Bay enclosed by a line beginning at 21'22'20"N. latitude, 157*56'30"W. longitude; thence to 2 1 * 22 . 27"N. latitude, ,,-157*56'40.5'V. longitude; thence to 21'22'30'N. lati- ,tude, 157*56'405'V longitude; thence to 21*22'37'-N I�i2t;de.,.N157'56'22.5"W. longitude; thence to 37 . latitude, 157*56'19'-W. longitude; thence ng the shoreline to the beginning point. rt B -Anchorage Grounds 0.210 San Diego Harbor, California. The anchorage grounds -(I) Special anchorage for Government vessels. Shoreward of a line extending Ballast Point Light approximately 351'30' to the end of the Quarantine Dock. "B" Street Merchant Vessel Anchorage. Due west the southwest corner of the "B" Street pierhead to 43'00".,. 117'11'00"- thence northeasterly to '43'20 ' 117*10'�I­- thence due east to the line and pier to the poiL of beginning. The regulations. (1) The special anchorage de - d I 'n paragraph (a)(1) of this section is reserved lively for the anchorage of vessels of the United I Government and of authorized harbor pilot boats. 4hOr vtMI shall anchor in this area except by tI permission obtained in advance from the Com - lar, Naval B The Ilse, SanedDiego, California. escr,b in paragraph (a)(2) of this is r rved for the use of merchant vessels calling wkrk Of Diego while awaiting a berth. aric oring in San Diego Harbor shall leave ' u' ge for other craft and shall not unreasonably approaches to the wharves in the harbor. . L?Keanners anchoring in San Diego Harbor el .t applicable local ordinances of the San District. 37 §110.212 Newport Bay Harbor, Calif. (a) The anchor- age grounds -(l) Temporary Anchorage C-1. Southeast of a line parallel to and 170 feet from the pierhead line at the east end of Lido Isle; north of a line parallel to and 5 250 feet north of a line bearing 268' from Newport Bay Channel Light 11, this line being the north line of the main fairway; northwest of a line of 120 feet in length bearing 203* from the point of the pierhead line off the west end of Harbor Island; and southwest of the pierhead 10 line off the northeast shore of Lido Isle extended. (2) Temporary Anchorage C-2. A parallelogram - shaped area, 100 feet wide and 400 feet long, lying 100 feet bayward from and parallel to the existing pierhead line, and adjoining and on the north side of Anchorage is C-3 described in paragraph (a)(3) of this section. (i) Vessels may anchor temporarily in Temporary An- choraCes__C_-T-a-nT=- when necessary and space per- mits, but shall move promptly when the necessity passes 20 or upon order of the harbor master. (ii) Vessels anchoring in Temporary Anchorages C-1 and C-2 shall comply with all applicable Pilot Rules, including that requiring anchor lights at night. (iii) Floats or buoys for marking anchors or mooring in 25 place and fixed mooring piles or stakes are prohibited. (3) Anchorage C-3. A parallelogram -shaped area, 100 feet wide and 500 feet long, lying 100 feet bayward from and parallel to the existing pierhead line, and adjoining and on the south side of Temporary Anchorage C-2 3o described in paragraph (a)(2) of this section. (I) This area is reserved for recreational and other small craft. (ii) Fore and aft moorings will be allowed in this area conforming to Orange County Harbor Ordinance No. 490 35 and other local harbor regulations for recreational and small craft of such size and alignment as permitted by the harbor master. (iii) All vessels using this area are required to maintain anchor lights from sunset to sunrise. 40 (b) The regulations. (1) Vessels may anchor temporar- ily in these areas when necessary and space permits, but shall move promptly when the necessity passes or upon order of the harbor master. (2) Vessels anchoring in these areas shall comply with 45 all applicable Pilot Rules, including that requiring anchor lights at night. (3) Floats or buoys for marking anchors or moorings in place and fixed mooring piles or stakes are prohibited. §110.214 Los Angeles and Long Beach Harbors, Calif. 50 (a) The anchorage grounds -(l) Commercial Anchorage A (Los Angeles Harbor). An area enclosed by a line begin- ning at Los Angeles Light, latitude 33*42'30.8"N., lon- gitude 118'15'02.3"W.; thence northerly to latitude 55 33*42'502"N., longitude 118'15'40.0'-W.; thence along the sou&rn edge of the Deep Channel Fairway, which is described as follows: 33-42-45.1--N., 118 - 16'03.9--W. 33*42'37.9"N., 118'16'08.9'V. 60 33-42'35.6'-N., 118 - 16-18.9'-W. 33-42-37.7--N., 118 - 16-23.3-V. 33-42'45.2--N., 118-16'25.7--W. 33-42-50.8-N., 118-16-35.4'V. 33-42-48.6'-N., 118 * 16'38.4"W., thence along the east - 65 ern boundary of General Anchorage N to the San Pedro Breakwater at latitude 33'42'26.8"N., longitude 118*16*30.9"W.; thence southeasterly and easterly along the San Pedro Breakwater to the beginning point. (I) In this anchorage the requirements of commercial ships conducting bunkering operations shall predominate. CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 February 27, 2001 Cyrus Tabaz P.O. Box 15333 Newport Beach, CA 92659 RE: 2209 BAYSIDE DRIVE Dear Mr. Tabaz: I have been contacted and advised by our Code Enforcement Supervisor, Jim Sinasek, that as of February 23, 2001, that this address has been cleared of the items which have engender complaints from the public. Specifically, the travel trailer has been removed, the small blue trailer has been removed, the jeep has been removed and the two small boats and trailers have been relocated as well. Throughout this entire process, you have displayed considerable courtesy, cooperation and patience. While the resolution of this matter may not have progressed at a pace acceptable to others, the bottom line is that the desired result has occurred, due to your considerable efforts. On behalf of the City of Newport Beach, thank you for your courtesy and cooperation in resolving this matter. Should you have any questions or comments, please contact me at your convenience. Very trul yours, a�,ap (CCQ Daniel K. Ohl: Deputy City Attorney for the City Attorney's Office DKO:ml cc: Tony Melum, Marine Department Jim Sinasek, Planning Department f:\users\cat\shared\codeentorce\tabaz\lefte Actresolved.doc 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 January 12, 2001 Cyrus Tabaz P.O. Box 15333 Newport Beach, CA 92659 RE: 2209 BAYSIDE DRIVE Dear Mr. Tabaz: 7-,-,7 0 I have received and reviewed your letter of December 14, 2000, and I apologize for the delay in responding. It appears that perhaps there might have been some misunderstanding as a result of our meeting. Initially, as was indicated, and is reflected in my notes, you agreed to remove the travel trailer from the property by donating it to charity. On this we apparently agreed. It was also indicated that your target date was December 31, 2000. Because of the holidays, I indicated I would be willing to grant a short extension of that time limit. I do not recall any indications of repairs involving the dock or pier. My last visit to the property revealed no need for repairs to the pier or dock as far as I could tell. While I appreciate the efforts you have made in attempting to make repairs to your boat, and while I understand you have used the travel trailer to store items which have been removed from the boat while repairs have been made, the travel trailer cannot remain on the property. I would strongly urge you to make every effort to have this item removed as soon as possible, which may go along the way towards placating those which continue to monitor the activities taking place on your property. In short, there is no basis under our codes which would allow that item to remain. With regard to the two small boats which are between the travel trailer and the property line, our Municipal Code, Section 17.32.030, prohibits them from being stored on the beach. Our Marine Director, Tony Melum, has advised me that he has made a survey in your area and has not found any properties which are in violation of this provision. In the event you disagree, please contact him directly at 644-3041 to discuss this issue. You also indicated that you would be removing both the jeep and the small blue trailer from the property. The same December 31" date was agreed upon for their removal. 3300 Newport BoWevard, Newport Beach Cyrus Tabaz January 12, 2001 Page: 2 It is my understanding that the permit for your fence has been approved. I continue to appreciate your courtesy and cooperation on these issues. As you know, we continue to receive contact from neighbors who view your efforts as one of non-compliance. Removing the jeep, blue trailer, travel trailer and two small boats currently on the property will diminish, if not completely eliminate, their perceptions and complaints. It will also eliminate any further need for intervention on our part. Again, on behalf of the City of Newport Beach, thank you for your patience and understanding in attempting to resolve these issues. Very t I u r Deputy City Attorney for the City Attorney's Office DKO:ml cc: Tony Melum, Marine Department Steve Hook, Building Department Enclosure: Chapter 17.32.030 fAuse rs\cat\shared\codeenforce\tabaz�efter\ctfollowup. doc 17.32.010 Chapter 17.32 WASTE AND REFUSE—SMALL VESSEL MOORAGE* Sections: 17.32.010 Discharge of Excreta. 17.32.015 Vessel Holding Tank Requirements. . 17.32.020 Refuse in Navigable Waters. 17.32.030 Refuse and Vessels on Shoreline. 17.32.040 Refuse—Marinas and Piers. 17.32.050 Discharge of Flammable Materials. 17.32.060 Dead Animals. 17.32.070 Signs Concerning Sanitation Regulations. Removal of beach refuse — Sce Chapter 6.04. Disposal of bait — See Chapter 0.36. 17.32.010 Discharge of Excreta. No person shall discharge, or permit or allow any other person -on a vessel under his control or com- mand to discharge, any human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay. (Ord. 1090 (part), 1964: 1949 Code § 10500(a)) 17.32.015 Vessel Holding Tank Requirements.* A. Vessel Wastes. No person shall own or oper- ate a vessel equipped with any head (toilet) or re- ceptacle for human body wastes in the waters of Newport Bay unless: 1. Said vessel is also equipped with a holding tank designed to retain all human body wastes de- posited in said head or receptacle until such time as said sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or 2. Said head or receptacle is connected directly to a sanitary, sewer system; or 626 3. Said head or receptacle is connected to an on- board sewage treatment system which produces an effluent meeting such standards as may be approved by the County Health Officer for discharge into the waters of Newport Bay. B. Marina Pump -Out Facilities. The owner and operator of every commercial marina shall provide a permanent holding tank pump -out facility or equivalent services which are operable and available for use at all times and which are capable of servic- in.g all vessels berthed, docked, or moored at said marina. (Ord, 1440 § 1, 1972) The provisions set forth in this section shall become effective January 1, 1974. 17.32.020 Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description, into the navigable waters of Newport Harbor or on the shore of New- port Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise. (Ord� 1090 (part), 1964: 1949 Code § 10500(b)) 17.32.030 Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of New- port Harbor within the City. The City Manager may remove the same with or without notice, at his option, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline, in a civil action. (Ord. 1090 (part), 1964: 1949 Code § 10500(c)) 17.32.040 Refuse—Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier, shall keep the area in and around such marina or pier located CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 December 6, 2000 Cyrus Tabaz P.O. Box 15333 Newport Beach, CA, 92659 RE: 2209 BAYSIDE DRIVE Dear Mr. Tabaz: Again, thank you for taking time to meet with Steve Hook and I on December 1 st. As was indicated, you anticipate and intend to remove the travel trailer from the property by December 31, 2000 by donating it to charity, In addition, you intend to and anticipate removing both the jeep and blue trailer by the same date. You have also indicated that you would relocate the two small boats currently located between the trailer and the wall. In checking with Tony Melum, those boats would need to be secured to your recently renovated dock. As was mentioned previously, because no building permit has been issued for either a seawall or your fence, the property cannot be used for the storage of miscellaneous items. In the event you choose not to move forward with these submission of plans and specifications for a seawall, no other miscellaneous seawall items could be stored on the property. Thank you for your ongoing courtesy and consideration. Very truly yours, Dan7ie K. Ohl, Deputy City Attorney for the City Attorney's Office DKO:da cc: Jim Sinasek, Planning Dept. Tony Melum, Marine Dept, F:\cat\shared\CodeEnforce\Tabaz\letter\CTremoveI 1 231.doe 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 October 30, 2000 Cyrus Tabaz P,O. Box 15333 Newport Beach, CA, 92659 RE: 2209 BAYSIDE DRIVE Dear Tabaz: a-5-- 7- 2 - Initially, thank you for your continuing courtesy and cooperation throughout this matter. In addition, thank you for taking the time to meet with us at the location on October 12, 2000. In the days immediately following our meeting, I received several phone calls from surrounding neighbors complaining about the condition of the property and that things had been moved back on since our visit. Mr. Sinasek confirmed that the only other item returned to the property was the jeep type vehicle which was parked down the street on the day of our visit. In the interim, Tony Melum sent a letter to you on October 16, 2000 indicating the approval in concept for a seawall was withdrawn and only a permit for a pier revision went forward. Thus, he asked that you submit the information required as set forth in a letter from Wes Armand dated July 7, 2000. As such, and at this point, they are unable to issue an approval in concept which you would then take to the Coastal Commission. Further, this matter was brought to the attention of our Planning Director, Patty Temple, as well as our Building Director, Jay Elbettar. They reviewed the photos taken, researched the permit history and advised me of the following. The building permit which has been issued is for a temporary fence and we'do not require permits for such. Thus, the storage of the boats, trailer, automobile and miscellaneous seawall items currently existing on the property would not be able to be stored in connection with construction activity. If, instead, you had plans submitted for plan check and were making satisfactory progress towards construction, they would be much more inclined to approve their location on the property. They �l so advised that as long as you had ongoing maintenance on your boat, the porta-potty on site was acceptable. Thus, as the matter now stands, there could be no vehicle storage on the lot. They will concede that vehicles would be allowed on site during the day while work is taking 3300 Newport Boulevard, Newport Beach Cyrus Tabaz October 30, 2000 Page 2 place either on the lot, pier or in connection with the renovation of your boat. However, those vehicles will need to be moved off site on a nightly basis. Additionally, the trailer which sits on the property cannot remain either as it is not connected with any ongoing or anticipated construction for which a permit has already been issued. Thus, it would need to be moved off site as well. The two boats on the other side of the trailer would also need to be moved off site. As far as the pipes and concrete pilings near the edge of the property, those cannot be stored on site either as they are not in connection with construction which is or will be taking place on site. I have also been advised by the Planning Director that she will not issue a Use Permit for temporary storage on the site. It is also my understanding that you applied for a permit to construct a twenty-four foot (24') high fence which is currently under review. In interim, I would encourage you to submit the appropriate plans to Mr. Armand in order to receive approval in concept for construction of the seawall. I would also encourage you to submit plans and specifications to the building department in anticipation of constructing what I am sure would be an extraordinary residence on the site. But in the meantime, we would need the travel trailer, boats, jeep and pipes/concrete pilings to be removed from the site within thirty (30) days from the date of this letter. Please contact the undersigned should you have any questions or comments. Again, thank you for your ongoing courtesy and consideration. Very truly yours, Daniel K. Ohl, Deputy City Attorney for the City Attorney's Office DKO:da cc: Jay Elbettar, Building Dept. Jim Sinasek, Planning Dept. Patty Temple, Planning Dept. Tony Melum, Marine Dept. F:\r-at\shared\CodeEnforce\Tabaz\lefter\CTremoveltems30days.doc October 16, 2000 11111fill III III i�, , ',�I f, g F4, gy, 110 Me, IIII IN IV. P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mr, Cyrus Tabaz P. 0. Box 15333 Newport Beach, CA 92659 Re: Proposed Seawall for 2209 Bayside Drive Dear Cyrus: The Approval in Concept processed by the City in 1997 included a sea. wall (see attached drawing, dated 9/22/97 and stamped by the City on 10/27/97). Our file indicated that based on a recommendation by your engineer, Cash and Associates, the sea wall portion was withdrawn and the permit went forward as a pier revision only. While we have had several conversations in our office with you, and reviewed several pKeliminary sketches, there has not been a formal submittal for a sea wall since 1997. We also contacted the Coastal Commission and they say no sea wall permit is pending with them. If you wish to pursue a sea wall at your property, please follow the instructions outlined in Wes Armand's letter to you on fuly 7, 2000. If you have questions or need additional assistance please don't hesiLate to call. Sincerely, Tony Melurn, Director Division of Harbor Resources Cc: Dan Ohl, Deputy City Attorney Attachments 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 September 13, 2000 Cyrus Tabaz 13255 Mulholland Drive Beverly Hills, CA, 90201-1143 RE: 2209 BAYSIDE DRIVE Dear Tabaz: I have continued to receive relatively regular phone calls from an adjacent property owner complaining about the condition of the property at the address noted above. In speaking with Mr. Armand, no application has been submitted to him to start the process concerning the construction of the seawall. Please contact me as soon as possible in order that we can schedule another meeting to resolve this matter. Thank you for your anticipated cooperation. 0mg �. % d' -A) Daniel K. Ohl, Deputy City Attorney DKO:da cc: Wes Armand, Fire & Marine Dept. Alan A. Greenberg, Esq. Jim Sinasek, Planning Dept. F:\cat\shared\CodeEnforce\Tabaz\lefter\CTcomplaints.doc 3300 Newport Boulevard, Newport Beach July 7, 2000 IMP MIN P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cyrus Tabaz P.O. Box 15333 Newport Beach, Ca 92659 Re: proposed bulkhead 2209 Bayside Drive Dear Cyrus: Responding to your plan to construct a bulkhead at the property on Bayside Drive, I was under the impression that you would submit an application and I would give you the name of the person at the Coastal Commission to contact regarding the application. This office can issue our Approval in Concept for a seawall at the established Bulkhead Line. Since that line is way out into the inter -tidal zone, it is Tony Melum's opinion that obtaining approval for the project from the California Coastal Commission, National Marine Fisheries, and California Fish & Game will be very difficult. If you want to try for the bulkhead at the established bulkhead line, instead of closer to the beach, we recornmend that you contact each agency and schedule an appointment to discuss this application. The following are the names of the person to contact and their phone number: California Coastal Commission - Carl Schwing 562-590-5071 National Marine Fisheries —Bob Hoffhian 562-980-4043 California Fish & Game — Marilyn Flaharty 619-462-4231 I have attached a copy of your former drawing with the established bulkhead line in red. In addition you should show a wing wall (indicated in red) and depict the ground profile going bayward from the bulkhead a distance (also marked in red). Sam Kniss (733-8430) can do this for you. Since July 1, 2000, all applications for harbor construction work (new, maintenance, or revision) are submitted to the Building Department. The Harbor Resources Division, which includes Tony and 1, will only do the Approval in Concept. Therefore, once you decide to go forward with the application, you must go through the procedure established by the Building Department. As you recall your previous application for a new bulkhead had the wall much closer to the beach (shown on this drawing by the diagonal line). 3300 Newport Boulevard, Newport Beach I wish you the best of luck in this endeavor. Should you require additional information in regards to this matter, please call me at 949-644-3043. Sincerely, Wes Armand Cc: Tony Melum C11 f OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644-3131 April 3, 2000 Cyrus Tabaz 13255 Mulholland Drive Beverly Hills, CA, 90201-1143 RE: 2209 BAYSIDE DRIVE. Dear Tabaz: Thank you for your recent voice mail message concerning this matter. The timeframe which you spoke of is acceptable. Please stay in contact with Wes Armand of the Fire & Marine Department in order that we can move this matter along. Again, thank you for your courtesy and cooperat n. Daniel K. Ohl, A�Q Deputy City Attorney DKO:da cc: Wes Armand, Fire & Marine Dept. F:\catXshared\Code Enforce\Tabaz\ietter�CTthankYou. doc 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) 1 Applicant (Property Owner) Address Telephone lf4;1 — Ae�� CZd9&A1e4 2. Project Address/(Street Address) Hafbor Permit Number 3. New Construction Revision Maintenance P�__ Dredging 4. Fee - 3161 — Check No. Date 5. Brief Description of Proposed 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project �ines. 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. 1 0).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 1 1).Drawing size shall be 8 - 1/2" x I V. 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaratioh must be completed -(on -revers t_oLibis -sheet)* 8. Applicant's/Agent's Signature: Date: Joint Permittee Signature (if appll6bI DaAd. 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 Approval in Concept. Date Approval of the City of Newport Beach Council. Date Approval of the Army Corps of Engineers Date Approval of the California Coastal Commiss Date Vy ' Approva I of the C ity's P u b I ic Wo rks D a, a. ­ I'll Date Approval of the City's Building Department. Date Approval of County of Orange. Date Electrical and/or plumbing permit (Building Department) Date Issued. (Permit is stamped drawing) Date __7�_Site Inspection. (call 644-3043 for appointment) Date Site Re -inspection Date Conditions: �X� '6ZV, OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (See. 7031d.5, Business and professions Code). Any City or County which requires a pern-dt to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such pern-dt to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). — L as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7Q44, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). — 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. — of Business and Professional Code for this reason: Owner's Signature: Contractor: Address: Date: Telephone: — License class: State Board No. –city License N License Contractor's Declaration I hereby affirm, that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. Contractor's Signature — Date: Diane Flaherty 2307 Bayside Drive Corona del Mar, CA 92625 949-673-8897 January 19, 2000 A=. MR.-TONYMELLIM RE: DOCK - 2209 BAYSIDE DRIVE Dear Mr. Melum: I am writing to ask you to have the dock at the above referenced address either lowered or the dock railings removed and replaced with railings that have one vertical support every 6 to 7 feet. The owner of the above mentioned dock submitted plans to the City, which were approved, to build a dock 2 to 3 feet lower than the existing dock. He then threw out those plans and built a dock that was not even dose to his submitted plans. During construction he worked past 6:00 p.m. most days, almost every Sunday and even holidays. He lied to the Harbor Patrol telling them he had a special permit to work on a holiday. He seems to think that codes and rules are made for others but not for him. There is no reason that his dock needs to be any higher than the surrounding docks. The surrounding docks are very close to his and are at least 2 feet lower. Most of them were built anywhere from 4 to 15 years ago and they have an been able to withstand all types of weather conditions, induding El Nino. Meteorologists are now saying that we will have mild weather for the next two decades and they are predicting that the ocean level will drop as much as 5 inches. When we moved to our home we were told about the height restrictions on docks and felt there would never be a problem with our view- The standing docks presented no problem for our neighbors or us. Now our view has changed dramatically. Why? Because this man takes no one into consideration and does whatever he wants because there are never any consequences to his actions - Even his dock railing is extremely "view blocking". He made his dock railing .playpen" style even though everyone else's railing is open so you can at least see through it. This is actually a moot point because everyone else's dock is low enough to see over their railing. Thank you for considering my request Sincerely, TO*d 1688GZ96V6 �Tl4s 6ua4 d09:60 00-61-UVP I I � I � . . " I � I . � . SAM F, KNISS CONSULTING CIVIL ENGINEER 0-17377 19 AGATE IRVINE, CA. 92614 (949) 733-8430 January 27) 2000 Wes Armand) Tidelands Administrator Marine Division City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 RE: NEW PIEfi (9 2209 §AYSIDE DRIVE Dear Wes, As you have noted, the now pier has been constructed at a higher finished el(�vation than the piers to the East but is st31,11 considerably lower than the piers to the West. When T wAs designing the new pier, I took into consideration the highest tides, the heavy surge conditions and the proximity of the Jetty opening to the ocean, When there is a high tide, along with the action of heavy Burge and the possibility of strqng off shorc winds, I determined that the pier should be constructed at the present elevation. This elevation would assure clearance of the pier from the water at the extreme adverse oonditions that are common to the piers in this area and that I have noted over the last 30 years, I trust that the above explains my thinking in determining. the final pier elevation, Please feel free to contact me at any time, Since rFPq� 4am F.�'Knlss I I � I � � � I � . I . . . SAM F. KNISS CONSULTING CIVIL ENGINEER C-17377 19 AGATE IRVINE, CA. 92614 (949) 733-8430 January 27� 2000 Wes Armand) Tidelands Administrator Marine Division City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 RE: NEW, I? ER 0 2209 BAYgLUE DRIU Dear Wes, Am you have y�Lotpd, the now pier has been constructed at a higher finished elevation than the piers to the East but is sti.11 considerably lower than the piers to the West. When I was designing the new pier, I took into r-onBideration the highest tides, the heavy surge conditions and the proximity of the Jetty opening to the ocean, When there is a high tide, along with the action of heavy Burge and the possibility of ��trnng off shore winds, I determined that the pier should be constructed at the present elevation. This elevation would assure clearance of the pier from the water at the extreme adverse conditlons that are common to the piers in this area and that I have noted over the laet 30 years. I trust that the above explains my thinking In determining the final Piet, elevation. Please feel free to contact me at any time. �Iam F 'Kniss JAN -27-2000 01:34 P11 KNISS,SAPI 949 733 8430 P.01 ��� ; , I If: � JIIIIIL L 1"Wo " DATE: TO: COMPANY: FAX #: SUBJECT. # OF PAGES: FROM: COMPANY: FAX #: COMMENTS: KA �Wl m SAM F. KNISS CONSULTING CIVIL ENGINEER C-17377 19 AGATE IRVINE, CA, 92614 (949) 733-8430 January 27, 2000 Wes Armand, Tidelands Administrator Marine Division City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. 92663 RE: NEW PIER @ 2209 BAYSIDE DRIVE Dear Wes, As you have noted, the new pier has finished elevation than the piers considerably lower than the piers to been constructed at a higher to the East but is still the West. When I was designing the new pier, I took into consideration the highest Lides, the heavy surge conditions and the proximity of the Jetty opening to the ocean. When there is a high tide, along with the action of heavy surge and the possibility of strong off shore winds, I determined that the pier should be constructed at the present elevation, This elevation would assure clearance of the pier from the water at the extreme adverse conditions that are common to the piers in this area and that I have noted over the last 30 years. I trust that the above explains my thinking in determining the final pier elevation. Please feel free to contact me at any time. S i nc e r�p� am, F. 'Kniss CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) Owner) re5s I elephone 2. Project Address (Street Address) Harbor Permit Number 3. Now Construction 4. Fee Revision Maintenance Dredging Check No. 5. Brief Description of Proposed Work: 4c" 6. Submit 8 1/2" x 11 " Drawings (3), Include: 1. Location and dimension of proposed structure. Date 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project, 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) 8. Applicant's/Agent's Signature: Date: 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 "�'_ Approval in Concept. Approval of the City of Newport Beach Council. i�/ _ Approval of the Army Corps of Engineers t,,/ Approval of the California Coastal Commission. V` Approval of the City's Public Works Department. /V fA) Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -inspection Conditions: Date -711:7 Date Date I Date Date 1E �11­4_7 Date Date Date Date Date Date � 11 ���l I j � V I ik' I i ; w 1 1 1� RX -11,111,114 December 20, 1999 Cyrus Tabaz 13255 Mulholland Dr. Beverly Hills, Ca 90210 Dear Mr. Tabaz: You have not responded to our December 1, 1999 letter regarding the results of the pier inspection for the pier and dock bayward from your property at 2209. Bayside Drive. The issue discussed in. the December I't letter must be resolved. If we have not heard from you by January 15, 2000, we will have no alternative but to turn this matter over to the City Attorney's Office for further enforcement follow up. In addition to the above-mentioned matter, this office has received complaints from residents regarding an ongoing Harbor Permit Policy -violation. Specifically, the complaint is that there are people living onboard boats bertha at your residential dock. The Orange County Sheriff Harbor Department has conducted a field investigation and has verified that there are people living aboard the boats at your dock in violation to Harbor Permit Policy Section 4.K. Section 4.K "In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted." Please contact this office regarding the two matters mentioned above. Call 949-644-3044. Sincerely, eIll Wes Armand Fire and Marine Department Cc: Deputy Chief Melum December 1, 1999 Cyrus Tabaz 13255 Mulholland Dr Beverly Hills, Ca 902 10 Dear Mr. Tabaz The Fire and Marine Department received a call from you requesting a final inspection of the revised pier and. dock bayward from the above-mentioned property. This inspection revealed that the pier leading to the ramp and dock is higher that the elevation specified on the plans. To verify this the City's Survey Crew completed a survey of the facility on November 24, 1999. The decking on the pier had an elevation of 12.98 MLLW to 13.3 5 MLLW. Your plans specified an elevation of 9.8 MLLW. This Department can not final your project until this has been corrected. Failine to make the necessary corrections to bring the structure into conformance with the approved plans can be grounds for revocation of your harbor permit as specified in the Newport Beach Municipal Code Section 17.24.090.A7 which states: " Grounds for Revocation. Any permit heretofore or hereafter granted. for any structure or work in the waters. of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: #7 The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted." Please contact this office within ten working days from the date on this letter to notify the Fire and Marine Department how you intend to comply with the Harbor Regulations. Sincerely, e1w 4i�� Wes Armand Harbor Inspector Cc: Deputy Chief Melurn Armand, Wes From: Wittmeyer, Wes Sent: Wednesday, December 01, 1999 7:14 AM To: Armand, Wes Subject: RE: 2209 Bayside Drive The difference between MLLW and MSL is 2.73 feet, which is close to the amount that the dock is above the permitted height. Perhaps this is only coincidental. We shot the walking surface of the dock, and it has railings that are about 35" high. ----- Original Message ----- From: Armand, Wes Sent: Tuesday, November 30,1999 4:61 PM To: Wittmeyer, Wes Cc: Melum, Ton Subject: 2209 Baysil Drive Wes, I know the answer but had to ask anyway, At 2209 Bayside you shot the height of the pier decking not the height of the railing - right? Thanks for your assistance on this. I am writing the owner notice of a violation and wanted to make sure all is right before mailing it out. Timothy Riley Fire and Marine Chief 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT November 30, 1999 Cyrus Tabaz 13255 Mulholland Dr Beverly Hills, Ca 90210 Dear Mr. Tabaz: The Fire and Marine Department received a call from you requesting a final inspection of the revised pier and dock bayward from the above-mentioned property. This inspection revealed that the pier leading to the ramp and dock is higher that the elevation specified on pians.-apff.av-p-d ]--J, -P�rks PepaAivtent. To verify this the City's Survey Crew completed a survey of the facility on November 24, 1999. The decking on the pier had an elevation of 12.98 MLLW to 13.35 MLLW. Your plans specified an elevation of 9.8 MLLW. This Department can not final your project until this has been corrected. Failure to make the necessary corrections to bring the structure into conformance with the approved plans can be grounds for revocation of your harbor permit as specified in the Newport Beach Municipal Code Section 17.24.090.A7 which states: " Grounds for Revocation, Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: #7 Tbe permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted." The City Council Harbor Permit Policies does provide for Exceptions. H.24 "Exceptions may be approved to any of the requirements and regulations s set forth if there are special circumstances or conditions affecting the harbor installations that would impose undue hardship on the applicant or if it would be detrimental to the best interest of the City." Please contact this office within ten working days from the date on this letter to notify the Fire and Marine Department how you intend to comply with the Harbor Regulations. 9 S' ely e; a n dC Harbor Inspector Cc: Deputy Chief Melurn Armand, Wes From: Wittrineyer, Wes Sent: Wednesday, November 24, 1999 7:19 AM To: Armand, Wes Subject: RE: pier 2209 Bayside We took 2 shots on the walkway of the new pier. The mllw elevation near the beach is 12.98 and near the angle point out near the end the elevation is 13.35 mllw. Cyrus was there and assissted our survey. ----Original Message ---- From: Armand, Wes Sent: Friday, November 19,1999 3:26 PM To: Wittmeyer, Wes Cc: Melum, Tony Subject: RE: pier 2209 Bayside Greafl! Let me know if I can assist. --Original Message ---- From: Wittmeyer, Wes Sent: Friday, November 19,1999 1:41 PM To: Armand, Wes Subject: RE: pier 2209 Bayside we can probably do it on tuesclay ----- Original Message ----- From: Armand, Wes Sent: Friday, November 19, 1999 12:22 PM To: Wittmeyer, Wes CG: Melum, Tony Subject: pier 2209 Bayside Wes, got another problem to be solved. We have received a complaint regarding the height of the new pier at 2209 Bayside Drive. The complaint is that it is too high. The approved plans had the height at +9.8' MLLW. Is there any chance that you could check this out next week. I know it is a short work week. Let me know when you can get to this. Thanks CITIZEN COMPLAW RECORD NUMBER: DATE: COMPLAINT: �2/;1,4 -7 d SIGNED DATE TO: FROM: SUBJECT: 0 Po,% CITY OF NEWPORT BEACH DATE: lz- 2 5 -!F�2 Z 772-11 -5- al -7-- COPIES TO: A11,1v SIGNATURE CITIZEN COMPLAINYT/RECORD NUMBER: DATE: n -�65'7,q A CTION: FOLLOW-UP REQUIRED: SIGNED DATE 0"W"70 g December 20, 1999 Cyrus Tabaz 13255 Mulholland Dr. Beverly Hills, Ca 90210 Dear Mr. Tabaz: You have not responded to our December 1, 1999 letter regarding the results of the pier inspection for the pier and dock bayward from your property at 2209. Bayside Drive. The issue discussed in the December I't letter must be resolved, If we have not heard from you by January 15, 2000, we will have no alternative but to turn this matter over to the City Attorney's Office for further enforcement follow up. In addition to the above-mentioned matter, this office has received complaints from residents regarding an ongoing Harbor Permit Policy violation. Specifically, the complaint is that there are people living onboard boats berthed at your residential dock. The Orange County Sheriff Harbor Department has condixted a field investigation and has verified that there are people living aboard the boats at your dock in violation to Harbor Permit Policy Section 4.K. Section 4X "In those areas of the harbor where the piers and floats axe bayward of residential zoned areas and are reserved for the occupants of the abinting upland property, liveaboards shall not be permitted." Please contact this office regarding the two matters mentioned above. Call 949-644-3044. 1 9 Wes Armand Fire and Marine Department Cc: Deputy Chief Melum County of Orange j2j(� Date: 12-10-99 To: Wes Armand, City of Newport Beach From: Sally Cooper, Harbor Patrol Subject: Liveaboard Complaint Dear Wes: Please find enclosed the report you requested concerning the liveaboard cDmplaint at 2209 Bayside Drive, Newport Beach. If anything further is needed, please contact our office. Thank you, Sally F850 -188(3/B4) �& 1. COPIES TO SHERIFF'S DEPARTMENT ORANGECOUNTY SANTAANA, CALIFORNIA MICHAEL CARONA, SHERIFF -CORONER ISE N. REPORT CONTINUATION --o(" —9�t &- Poa�G -. CAbiO L\64A-'�-� �)O CA-6oi c��j, r,-r3c)TvA.�,c, LL)4 k C� LG -S tO-T—. I ki -0-7 - 9xl? C' 0/06 P/c 'Doc, K- dpq-v \lc- a. tj I C-�- uo:E� r� —1v v V4 z> c:�/ A -j c4� Gl- /Jz� �Ig6 : w wr �C3) &T-W-� rae C�V�- 1 7p66pLxs U-5 CFO GP-�c QrCZ) SRu--�, (2,) VE H IK)��)kwr JQ�7 MPVI�J L\64+1 L(A 122c INVESTIGATING OFFICERS REPORT BY DATE OF REPORT APPROVED FOBBO-176:1 (01199) December 20, 1999 Cyrus Tabaz 13255 Mulholland Dr. Beverly Hills, Ca 90210 Dear Mr. Tabaz: You have not responded to our December 1, 1999 letter regarding the results of the pier inspection for the pier and dock bayward from your property at 2209. Bayside Drive. The issue discussed in the December I't letter must be resolved. If we have not heard from you by January 15, 2000, we will have no alternative but to turn this matter over to the City Attorney's Office for further enforcement follow up. In addition to the above-mentioned matter, this office has received complaints ftom residents regarding an ongoing Harbor Permit Policy -violation. Specifically, the complaint is that there are people living onboard boats berthed at your residential dock. The Orange County Sheriff Harbor Department has conducted a field investigation and has verified that there are people living aboard the boats at your dock in violation to Harbor Permit Policy Section 4.K. Section 4.K "In those areas of the harbor where the piers and floats are baywaxd of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted." Please contact this office regarding the two matters mentioned above. Call 949-644-3044. 8 ; 2 �_, Wes Armand Fire and Marine Department Cc: Deputy Chief Melum Armand, Wes From: Melum, Tony Sent: Wednesday, December 22, 1999 8:54 AM To: Armand, Wes Subject: Cyrus Tabaz Called on 12/22� Will do a revision permit, to change the approved pier elevation. Contact him for the paper work when you are back in the office. M, NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 2, 1999 Cyrus Tabaz 1' )255 Mulholland Drive Beverly Hills, Ca 902 10 Re: Project at 2209 Bayside Drive, Newport Beach Dear Mr. Tabaz: The City of Newport Beach received complaints over the Memorial Day Weekend regarding pier and dock construction work going on during this weekend. This is in violation to the hours permitted for work as specified in the City of Newport Beach Municipal Code Chapter 10.28.040. This section prohibits work that produces loud noise on any Sunday or federal holiday. After advised of the complaint, your contractor continued to work both days causing a noise nuisance to the surrounding property owners and their guests. This letter and accompanying Warning Citation is to put you on notice that any further violation of the above stated Municipal Code will generate a Citation that has a fine. Please forward this notice to your contractor. If you require additional infort-riation in regards to this matter, call 949-644- J04 1. Sincerely, ri-riand Harbor Inspector Cc: Tony Melum Jim Flaherty m 1. COPIES TO c C�vw MICHAEL CARONA. SHERIFF -CORONER 07111sia-& SHEIRIFF'S DEPARTMENT ORANGE COUNTY SANTAANA, CALIFORNIA 's. RFP0RTC.'0NTINl JATIC)N -n C4610 /pl/�w-, -T-v 410 L 1,�2 -o'7 - 0/06 e-j-y*T-5 (S-) \161A Lo, -r- N c> cl) \-tCN+T v cs-/ lo 0- C3) 9116 k�26 G) 2 c7) K3 t R -,r 1"n, -c 6rmjcs 3 INVESTIGATING OFFICERS REPORT BY D E OF REPORT APPROVED F0680-176.1 (D`1199� ALL L6ES Mellum, Tony From: Wittmeyer, Wes Sent: Tuesday, March 09, 1999 7:55 AM To: Melum, Tony Cc: Armand, Wes Subject: On Wednesday, February 24, 1999, we personally visited the construction site at 2209 Bayside Drive. There were three of us: Wes Armand, Don Duffy, and me. The neighbor at 2215 Bayside Drive met us on site and I showed her that there were existing survey stakes in the ground that appeared to be correct. Also, the pilings that had been installed up to that time appeared to meet setback requirements. This appears to be a neighbor -neighbor dispute, which is a situation that I have encountered before. My participation in dealing with such a dispute is to make a field inspection if City Property is involved. It is not the City's capacity to settle a boundary dispute between two neighbors. Some private surveyor has set stakes for the construction of these pilings at 2209 Bayside Drive. The construction of the pilings seems to conform with the City Standards. One way to resolve the concerns of the neighbor at 2215 Bayside Drive is to suggest to them that a second opinion from a second private surveyor be obtained. If there is a material difference of opinion as to the location of the pilings, they can resolve this issue in court. COUNTY PROPERTY ENCROACHMENT PERMIT r�09 -04��67 Joancvtl�"f Inspection office shall be notified at least TWO (2) WORK DAYS PRIOR TO commencing permitted use. FAILURE TO OBTAIN INSPECTION SHALL VOID THIS PERMIT. PERMITTEE COUNTY OF ORANGE PUBLIC FACILITIES & RESOURCES DEPARTMENT OUNTY PROPERTY PERMITS Main Office -300 North Flower Street, Room 122 SANTA ANA, CALIFORNIA 92703-5001 OR-P.O. BOX 4048, SANTA ANA, CA 92702-4048 PHONE: 834-3432 or 834-5238 FAX: (714) 835-7425 Contact person Telephone No ­ PERMIT 98,-()- y, NO. �E EFFECTIVE DATE movenl)�63� 3, 199$ EXPIRATION DATE 2e 1�t499 I TYPE I FACILITY NAME I NUMBER I k!'3�:Jx)V T.1.'Ae'l.kad'o PERMITTED USE: use of County property is hereby authorized as follows, subject to provisions on reverse hereof and attached hereto: To "A no'it r.lock w1thin NGwIx%:t. uea�.h per. plan.xv, ..'Arudl 17.1`40 S�ItA.�;'Xac'ticf)) ot Couol-'y PyyO# IM, k C 8 1. �'. 0 CEQAvCLA'-','5 1. LOCATION OF WORK: Dimension/Type; 210ki 3(,' - b't Thus, Bros.�� 6�� CONSIDERATION: Permit Fees -10 o (2ov­') N or) e Surety Check No..1 009 VP9 6,29 �ib 10 ! 2ul �38' Cash Receipt Date Check No, - CJ R.Ipl Pl? 9 6 DateTF/ 0 � -�9 H, Fees Palo lov Perini. t t: 0e, Contmetor Engineer: INSPECTIONW.IP I CW4S t ad JAI. ft PERMITTEE'S ACCEPTANCE: Permittens —TOTAL Trust Fund Trust Fund cc; COUNTY APPROVAL IAAGOO�'� N'�Aqj.)0.0. AREA q . 6Q. Invo's. PERMIT INSPECTOR'S REPORT The permitted work was compIqled on, in a satisfactory manner per Instructions and/or the'AS BUILT plans and Inspectors Report suinkitted herewith for County Files. REMARKS INSPECTOR'S SIGNATURE DATE REFUND RECOMMENDED BY DATE CASHIER DATE REGISTER NO, F0250-616.4 (R8/97) PERMIT SUPERINTENDENTS SIGNATURE DATE REFUND APPROVED BY DATE PEE + CODE TOTAL STATE OF CALIFORNIA - THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office .'!00 Oceangate, Suite 1000 Page 1 of 4 Long Beach, CA 90802-4302 Date: October 27, 1998 (562) 590-5071 Permit No: 5-98-047 COASTAL DEVELOPMENT PERMIT On 13 August 1998, the California Coastal Commission granted to Cyrus Tabaz Coastal Development Permit 5-98-047, subject to the attached Standard and Special Conditions, for development consisting of: removal of an existing 180 foot long damaged pier and dock and construction of a new 330 foot long extended pier supported by 25 piles, a U-shaped floating dock (60 x 80 feet), a 10' x 14' pier platform and a 30 foot gangway. Mitigation is proposed on a 1.2:1 ratio for adverse impacts to 1,086 square feet of eelgrass. No dredging is proposed. Morp specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 2209 Bayside Drive, Newport Beach. Issued on behalf of the California Coastal Commission on October 27, 1998. RECEIVED BY PETER DOUGLAS PLANNING DEPARTMEM.r Executive Director CITY OF NEWPORT BEAU&. Coastal PrgraAmA AM OCT 3 0 1998 PM 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-. COASTAL DEVELOPMENT PERMIT No. 5-98-047 Page 2 of 4 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 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. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of.i.ntent or,iPterpretation of any condition will be resolved by the Executive Director,orithe Commission. 5. Inspections. The Commission staff shall. be allowed to inspect the site and the project during its development, subjectic, 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditioris Run with -the Land. These i:errns and coviditions 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: 1 . Construction Responsibilities and Debris Control The applicant agrees not to store any construction materials or waste where it is subject to wave erosion and dispersion. In addition, no machinery will be allowed in the intertidal zone at any time. The permittee shall remove from the beach any and all debris which results from the construction period. 14 e COASTAL DEVELOPMENT PERMIT No. 5-98-047 Page 3 of 4 2. Mitigation of Construction Impacts The applicant shall adhere to the city guidelines for construction of piers in Newport and shall: 1 . Utilize silt curtains to minimize siltation during construction of pilings, 2. Take measures to ensure that barges do not ground and impact eelgrass sites, 3. Ensure that materials from the pier to be demolished are contained and that debris is kept from Harbor waters, 4. Conduct a post -construction survey to determine if any additional adverse impacts occurred as a result of construction and provide mitigation for those impacts, 5. Have a biologist monitor the construction to minimize impacts to eelgrass beds. 3. Provision of Anolicable Permits Prior to commencement of construction the applicant shall submit, for the review and approval of the Executive Director, a final mitigation and monitoring plan Or changes to the MBC plan dated December 1997 (if required by resource agencies) and any approvals, notices and/or permits required from the National Marine Fisheries Service, California Department of Fish and Game, and Army Corps of Engineers. 4. Provision of Monitoring Report At the end of six years the applicant shall provide the Executive Director with a final monitoring report. The report shall include the following information: 1 . the results of previous monitoring periods, 2. conformance of the project with success criteria for coverage, density and health, as specified in MBC's December 1997 plan, 3. results of any additional transplantation, if required, 4. statement that the project has or has not met the mitigation plan goals 000% success). COASTAL DEVELOPMENT � PERMIT No. 5-98-047 Page 4 of 4 5. Provision for CDP Amendment The plan is considered successful if the plan meets 100% success at the end of six years. In the event that the plan is loess than 100% successful but greater than 50% successful, the applicant is required to perform alternative mitigation. If the plan is less tha ' n 50% successful the applicant shall renegotiate the mitigation plan with National Marine Fisheries Service or the California Department of Fish and G ame. If either alternative mitigation method is proposed the applicant shall apply for a coastal development permit Amendment from the Coastal Commission. RMR: 5-98-047 pemil i C? TO BE �Obo C. CV4 CURVE DATA .A-05'45'35' R- 1000. T- W.J]?D 1- 100,53- 0 1/4 U2 3/4 nTT%EiRT!!T MILES FROM T140MAS BROTWER-5 MAP Emu FEB 19 1998 CALIFORNIA COASTAL COMMISSION NOM, ALL CLEARANCES OR DIMENSIONS NOTED AS "MIN" OR "MAX" MEET CITY OF NEWPORT BEACH REQUIREMENTS. ALL OTHER DIMENSIONS NOTED ARE 0 THIF DISCRETION OF THE PROPERTY OWNER. FIRE & MARINE DEPT. CITY OF NEWPORT BEACH ,--I -- IAZ,t,7 Coast District of t`4x-t -?/ ;7 PUfF0SE: Now floating do& wId PLAN VlEW Proposed now floating dock and pkr "W'sim pier extension Datum: WLLw - o 30 (00 Ad]. ftpwty ow"m T!!!!Siiiiiiii FEET 1. Pew verm, aLB=?R,, K- Newport Harbor 92625 AT- Cmw Dal Mar, Ck 2- Caftwvbw pad W 2215 BarWe Dr. Cyrus Tabaz CW4 of D.C. sww Qk Cmna Dal Mar, Ck 92R5 2209 Boyside Dr. 3. Kft" **6L411 Avowdo Ave. AppBoation Df. Cynm Tabaz ana W Mar� Ck 92625 Corona Del Mar, CA. 92625 Stied —L of -2L DoW 9/22/9 1( I& CY*R.'T..3S T.-AkRAZ cct.1,1998 Attention: Mz�- Al VaSmiez Colm,ty Of orange IhVirorffrental Management A5ency P -O -Pox 4048 Santa Aria, Ca 92702-4048 Dear Mr. Vasuez: Reference-. 2209 Bayside Dr. Corona Del Mar It was a renewed pleasurie speaki.na with you today in referencc to the above captioned property. per your request, and in Order to facilitate the permit p, ss, enclose sending you the following e roce mn A) 4 copies of the pemnit frm piTe & Marine Departnient 13) 4 copies of the s;lte plan C) copy of the. Provisional Pelallit ft= the Depa�rtz�ent Of COY -Ps Of Erhiineers, the A=y. D) PrOvisicnal Perrut ( NOtice Of Intent To issue pe=., -t) from California Coastal Comission.. E) COPY Of APProvil fmm Depart�rent of pi,sh & Gme F): COPY of approval from Cal�,f t "iOr-Al Water (;�mlity. control WArd. G) -COPY of public hear�ncj notice, -rep C�oastaj- Pemit Application H) COPY Of the Grant Deed for the referoncj =�' property 1) Checl� payable to the County of Orange, in the Mmunt 42�f $53. 1 sAnoerely hope that you w�l . I find the. above to Your satisfacion, Should you requ"re additknal knfol7atian please do not hesi.-tate to contact -Re at any ti7re, T " Enc You in advance for Your ant'C'Pated E?-%-PeditiOus reSpcnse to iny. reqaest -f0j. 4an� roachry,--nt pemdt,,. Sinccr cc: Wes d, Fkre & Marine,Dept. 13255 Mul 11101 land Dr.. BeverlyHilig. CA00210 Phone (818)906-1212 ;3,x(&jg)906-2334 10 'd 9E:H AHI 86-tO-100 ', T CYW..'S TARAZ Sept. 30,1998 Attention: Mr. wes ArMnd Pire & Marine Dept. Dear Wes: PY:!r your request, here J.5 th(-- aPPrOV811 f-rcm Army Corps Of Engintmars. Thank you again for Your courtesy and cooperation. Best Wighes, 13255MullhollandDr., BOvOfIYHil)S, CA90210 Phone(818)906-2333 Fax(818)906.2334 10 'd 99:80 3FL 86-6z-d�s JUL 16 '98 11�06 CRSH & ASSOCIATES 714 895 1291 (D 4 MY TO ,IrrVMDN OF! Office of the Chief Regiilatory Branch P.2 RECEIVED 05PARTMENT OF THE ARMY LOS ANGELES DWRICT, CORPS OF ENGINEERS JUN 15 19sa P-0 MON SUM LOS ANGIELES, CALIFORNIA 900*3-2325 CASH 1-%�-SOCIATES June 10,1999 4 1 112 V 1C, Cyrus Tabaz c/o Cash & Assoeiatcs Attm Randy Mason 5772 Bolsa Avenue, Suite 100 Huntington Beach, California 92647 Dear Mr. Tabaz: 700 Reference is made to your applicatigKdated February 18, 1998, for a Department of the Army (DA) permit to impact 0,15 acresAf waters of the U.S. for the construction of a new dock and pier seaward of 2209 Baysi& Drive in Newport Bay, in the City of Newport beach, Orange County, California. Enclosed is a "Provisional Letter of Permission" (provisional LOP). This provisional LOP is NOT VAUD and does not coristitute authori?Ation for you to do work. The provisional LOP describes the work that will be authorized, including general and special conditions which will be placed on your final DA perrrdt, should you receive Coastal Zone Management (CZM) consistency concurrence from the California Coastal Commission (CCC), No work is to be performed until you have received a validated copy of the DA permit. By federal law, no DA permit can be issued until the state has concurred with a permit applicant's CZM consistency certification, This requirement can be satisfied by obtairring CZM consistency concurrence, or providing evidence that 6 months have passed since you applied to the CCC for concurrence. Be aware that any conditions on your CZM consistency concurrence will become conditions on your DA perrnit, unless tire Corps of Engineers deerns these conditions to be either unreasonable or unenforceable. WHEN YOU RECEIVE CZM CONSISTENCY CONCURRENCE, THE FOLLOWING STEPS NEED TO BE COMPLETED: 1. The owner or authorized responsible official must sign and date both copies of the provisional LOF indliating that Wahl Apea tocomply with all whism ORIM In tho pirmit. 2. The signer's name and title I(if ary� must be typed or pyinted below the signature. 3. Both signed provisional LOPS must be returned to the Corpw of Engineers at the above address (Attention: CESPI,CO-R). �O'd 99:80 KI 86 -K -BS JUL 16 '98. 11:07 CASH & ASSOCIATES 714 895 1291 P. 3 -2- 4, The CZM concurrence must be sent to the Corps of Engineers with the signed provisional LOP9. Should the CZM consistency Concurrence &ntAill conditions which might result in a modification to the provisional LOP, by sigrLing and dating both copies Of the provisional permit and returning it to the Corps of Engineers (along with the Permit fee and CZIM concurrence), the Corps of Engineers wW assume the applicant agrees to comply with Al CZM conditions which are added to the final permit. Should the CCC deny the required concurrence, then the DA perlwt is considered denied without prejudice. If you subsequently obtain CZM concurrence, you should contact this office to determine how to proceed with your permit appliciation. If you have any que5tions, please contact Priya Jean Finnemore of my staff Ai (213) 452-3402. Sincerely, 5e ube Chief, Regulato Branch Encloslue(s) M'd L9:90 K! 86-K-d3S SEP -30-98 WED 14:25 P. 01 STATE OF CALIFORNIA, THE RESOURCES AGENCY PETE vmsw Goverror CALIFORNIA COASTAL COMMISSION South coast Area Office Page: 1 of 4 200 ocesApta. suno 1000 Date; August 26, 1998 Long.bebch. CA 908024302 (5621 S50-5071 Permit Application No.: 5-98-047 I kluelli to] 4101 a I ftd;lkik 0 1 On 13 August 1998, the California Coastal Commission granted to Cyrus Taber Coastal Development Permit 5-98-047, subject to the attached conditions, for development consisting of: removal of an existing 180 foot long damaged pier and dock and construction of a new 330 foot long extended pier supported by 25 piles, a U-shaped floating dock (60 x 80 feet), a 10' x 14' pier platform and a 30 foot gangway. Mitigation is proposed on a 1,2:1 ratio for adverse impacts to 1,086 square feet of eelgrass, No dredging is proposed. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 2209 Sayside Drive, Newport Beach, The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the permit will be issued, For your information, all the imposed conditions are attached. Issued on behalf of the California Coastal Commission on August 26, 1998. r) k - PETER DOUGLAS By: %P -S - Executive Director Title: Coastal P7Vo9ram&AnV1v&si The undersigned permitlee acknowledges receipt of this notice of the California Coastal Commission determination on Permit No. 5-98-047, and fully understands its contents, including all conditions imposed. -4� /Date Please sign and return one copy of this form to the Commission office at the above address. Mr. Robin Maloney-Rames July 13, 1998 Page 2 . As always, DFG personnel are available to discuss our comments and concerns in greater detail. To arrange for a discussion, please contact.Ms. Marilyn Fluharty,-Envirorimental Specialist, California Department of Fish and Game, 4949 Viewridge Avenue, San Diego, CA 92123, telephone (619) 467-423 1. Sincerely, Ponald L. Loilock, Chief Scientific Division Office of Spill Prevention and Response cc: Ms. Marilyn Fluharty Department of Fish and Game San Diego, California 92123 Mr. Greg Asher Cash & Associates 5772 Bolsa Ave., Ste 100 Huntington Beach, CA 92647 State of California M e m o r a n d u m To Mr. Robin Maloney-Rames California Coastal Commission 200 Oceangate Ave., Suite 1000 Long Beach, California 90802 From : Department of Fish and Game Date � July 13,1998 JUL 17 1998 CALIFORNIA COASTAL COMMISSION' Subject : Project Plans to Replace an Existing Residential Dock and Pier This letter is in response to a request from Mr. Greg Asher of Cash & Associates Engineering and Architecture, representing Mr. Cyrus Tabaz, concerning projectplans to replace an existing residential dock and pier at 2209 Bayside Drive, Corona Del Mar, Orange County (Coastal Development Permit Application 5-98-047). The project would involve construction of an extended pier (supported by 25 driven piles spaced at 16 -foot intervals) measuring 330 feet, a U-shaped floating dock measuring approximately 60 by 80 feet, and a 30 -foot gangway. Department of Fish and Game (DFG) personnel have examined project plans for the proposed dock and pier which include mitigation measures to compensate for loss of eelgrass and subtidal/intertidal habitat. The applicant proposes to mitigate for impacts to 0.025 acres of eelgrass in accordance with the Southern California Felgrass Mitigation EgLicy, adopted July 31, 1901, as amended. In addition, the applicant will mitigate for the loss of 0.001 acres of subtidal/intertidal habitat by contributing funds to the North Shellmaker Island Mitigation Fund. The DFG believes that the project, as described with the proposed mitigation measures, would not have a significant adverse effect on existing marine resources and habitats within the area. Therefore, the DFG does not object to the issuance of a Coastal Development Permit from the Commission. XHIBIT NO. W T'W W Ckporrin constal commission ct OnT, I TO BE KJANO lop, SITEJ=L� Kmm mm ft*q do* aw * RAN Dck= ma a 0 Ad� ftWty On= 1. pft ftkf� M"MP-Col 9= 2- Un*mW Poeft " 2215 cwm 00 .. B*ideDr CA. 9 3. K*M *�,O, 'CA. mn 11c "CINITY MAP 0 w w U4 e!T!5�� MILES FROM THOMAS BROTWFIZO MAP flECHVED FEB 19 1998 CALIFORNIA COASTAL COMMISSION AM ALL CLEARANCES OR DIMENSIONS NOTED AS "MINO OR "MAX" MEET CITY OF NEWPORT BEACH REOUIREMENTS. ALL OTHER-. DIMENSIONS NOTED ARE 0 THF DISCRETION OF THE PROPERTY . FIRE & MARINE DEn CITY OF NEWPORT BEACH Coast District Of 07z-/7�-7 PLM Vm 0 30 fpc FEET q/m Tal= 2209 Bq" Dr. Cwm Dal Uci� CA. 92525 pmpowd n&w flwdng dwk WW pW =Wmion ft Nwpwt Haft E X HIBIT N0._j AR Cmm 001 M C4,xq of Ot APPLI ON NO. *IkWwQ�,Cyn 45-40-047- 'M ok FLOATING DOCK uj: wi Proposed now flooUng dock and z Z pier "Aansion Dohm MUN - 0 Adj Prilperty ftum scale IQ== FEET 0 ID 30 EXHIBIT NO. 1. POW oval, 9LOW-M 92101 Vertical Scale rEET ft Nvirportalilil WA_I 0 N N 0. P L 10 AT* Cmm Del MW W—p FL I C A —T]q U11 LU :r: NEW PIER 2, V 2209 "o 0r. Aglimmm BY; Cym w Cbrom Del Mar, Ck 92625 PIER -END F`LATFORM djj = dil :i (10'x14' MAX.) I GANGWAY rz I III I- �ELEV. +13& MLLUJ 6120 SECTION A -A KffM Mm ftdM dock wW ELLVAMON Proposed now flooUng dock and p1w Warizanta 1 0 w 910 pier "Aansion Dohm MUN - 0 Adj Prilperty ftum scale IQ== FEET 0 ID 30 EXHIBIT NO. 1. POW oval, 9LOW-M 92101 Vertical Scale rEET ft Nvirportalilil WA_I 0 N N 0. P L 10 AT* Cmm Del MW W—p FL I C A —T]q 2. Combat Pill 2215 BMWs Dr� 0/rus Tabot wAty of mt CW=Del Mar. Ck 926a I Kam Avowdo Am 2209 "o 0r. Aglimmm BY; Cym Del Mw, Ck 9= Cbrom Del Mar, Ck 92625 Shill —L at N I In: Califoraia Coastal C -fa -W -1-a My.26.19M 12:333M NO. ?n P. 2/5 SOUTHERN CALIFORNIA EELGRASS MITIGATION POLICY (Adopted July 31, 1991) Ealgrass (Zost marin veseixed areas function as important habiw ibr a variety of Asb ad other wildlife. In or -der to standardize and maintain 4 oonsisteart policy regarding mitigating adverse imparu to eelgrass reso=es� the following potcy has been developed by the Federal and 17 SWa resource agencies (National Marine Fisheries Seviiee, U.S. Fish and Wildlife Service, ad the Callf4mia. Department of Fish and Clame). For claft the following dofinitions apply. wPrcject� refb;rs to work performed orl-'ItO to accomplish the applicanes purpose. "Mitigation, r4rs to work performed to compensate for py adverse impacts caused by tba"project'. *Resource agencies" Service, U.S, Fish and.WLIWe Service, and the Wornia Department ofFish and G= 1. Mitigation Need. Belgrass transplants shall be considered only after the normal provisions and policies regarding avoidance and miD�ation, as &4"sed in the Section 404 Mitigation Memorandum of Agreement between the Corps of En&ms and Environmental Protection Agency, have been pursued to the Meet maent possible prior to the development of 40y mitigation progran 2, Mitigation Map. The project sponsor shall map thoroughly the area, distributiON d8ndW And relationship to depth contours of arry eelgrass bods 4* to be impacted by project constuctiOl This includes area Iname4lately adjacent to the project she wWrh have the poteadeltobe &rectly or inadvertently imp=ed as we4 as arras having the proper depth and Substrate requirements for eelirass but which currently lack vegetation. Protocol ibr mapping shall com�k of ft following formay. 1) Coordinates Horizontal datum - Univenal Transvem Mercator (LMA NAD $3, Zone I I Veilical datum - Mean Lower Low WRter MZ% depth in feeL 2) Units Transects and grids in maters. Area measuremazts In square metemleetam, All =pping efforts must be completed during the active growth phase for the vegetation (typically March through October) and da be valid for a period of 120 days with the wmeption of surveys completed in October. I 1EXHIBIT NO. -7 1 AL iS 190 10;33 CPSH & PSSOCIATES 714 M5 1291 vl P.9 SPECLA,L CONDITION$ FOR PERMIT NO. 98-00234-rjF 1, The pern-tittee shall mitigate for impacts to 0,025 acres of eelgrass habitat at a ratio of 12 to I. The tnitigation. shall be conducted in accordance with The Southem Wfwww' relgrm Mitigatian Policy and 'Wgrass Impact Assessment, Mitigation, and Monitoring Plan for Froposed Renovation of Mooring Facilities at 2209 Bayslde Drive, Newport Beach, California - Revised December 1997,' prepared by 1*4BC Applied Environmental Science& 2. The p=xdttee shall mitigate for the loss of approximately 0.001 acres of waters Of the U.S. at a ratio of 6: 1. This mitigation requirement may be satisfied by contribution to the North Shellmaker Island Mitigation Fund per the "Draft fee Schedule for Contributing to the North Shellmaker Island Mitigation Fund, Newport Beach California - August 26,1997," at a contribution of $20/cubic yard as outlined for projects which are designated as Criteria 1. 3. The permitted activity shall not interfere with the publ to's right to free navigation on all navigable waters of the United States. 4, No dredging or earthwork is authorized by this permit, S. No creosote -treated pilings shall be placed within Newport Bay. 6. The permittee shall notify the Commander (Pow) Eeventh Coast Guard District� Building 50-6 Coast Guard Wand, Alar*da, California 94501-5100, (510) 437-2976 at least two weeks prior to sbat of activity and 30 days if buoys are to be plawd. The nalfication shall include the following information: a- the location of the work site; b. the size and type of equipment that will be performing the work, inchuling.the, size and placement of any floating construction equipment C. radio telephone frequencies and radio call signs for any marine equipment; d. the rutme and telephone number of the project manager and the baMphone number for on-site contact with Project engineers, and a. the schedule for completing the project, including its start date. MY. 26.19% 12:34PM NO. M P. a -Is A survey completed in October shall be vaild until the res=ptioo of active growth Ox. March 1), After project construction, a post -project survey shall be coinpleW within 30 dqs- The actual area of impact shall be determined from ft survey,, 3. Mitigation Site. The location of eelgrass tomplant mitigation shall be In areas similar to those where the initial Impact ocmrs. Factors such zs� dista.= from project, depth, sediment type, distance ftom ocean cormeation, water quality, and currents an among those that should be considered In rnhiating potential sites. 4. B41tigation Size. In the cue of traxtsplant mitigation ulivities that oc= concawrent to the project that results in damage to 6e ocisting celgrass reloume, a rado of 1.2 to I shall apply. That is, for ewh square meter adversely impacted, 1.2 xpac meters of new suitable habita4 vegetated withealgrass� must he created. The rationale for this ratio is based on, 1) the time (i.e., generally three years) necessary for a dtiSation site to reach fail fishery utilization and 2) the need to offset any productivity losse:s during this re6very period within five years. Transplant mitigation completed three years in advance of the 4W G.e., Mitigation banh) will not i=r the additional 201/a requirement and, therefore, on be constructed on a one-lbr-one basis. However, all other monitoring requirements (outlined below) remain the same irrespoctive of when the transplant is compleW. Project proponeirts should consider inm-easing the sin of the required mitigation area by 20-300/c to provide greater assurance that the sue-ftso criteria, as specified in Section 9, will be met, . 5. Mitigation TtcWque. Techniques for the construction and planting of the edgress mitigation she shall be consistent wU the best available technology at the time orthe project. Donor material shall be taken from area of direct impw whenever possible, but also Aboulci include a ininimum of two additional distinct sites to better ensure genetic diversity of the donor plants. Written permission to harvest donor plants must be obtained from the California Deputment of Fish Lad Game. Plantings should consist of bare -root bundles consisting of 9-12 individual turions. Specific sps6ng of transplant units shall be at the discretion ofthe project sponsor, However, it is und"ood that wbatever tedinIques are employed, they must comply with the stated requiremeszIs Bud criteria. 6. Mitigation Timing. For ofr-iite mitigation, transplurting should be started prior to or cob=rrent to'the Initiation of irwater construction resulting in the impact to the eelgrass bed, Any off-site mitigation prc�ect which fhils to initiate transplanting work within 135 days following the initiation of the in -water ooristructlon resulting In impact to the eelgrus bed Vill be subject to additional raitigation requirements as specified in section 7. For on -she mitigation, transplanting should be postponed when construction work is likely to impact the mitigation. However, twuplatting of on-site tr4rigaTion should be started no later than 135 days after WtWiOn Of in - water construction activities, A oonstrucIlon scledule Wha includes specific starting and ending dates for all work Including mitigation Lativities shall be provided to the resource niencies fbr approval at 1" 30 days prior to initiating in -water construction. MY.26.1999 12;34PM NO. 779 P. 415 7. Mitigation Delay, If, according to the construction xWula or because of any dell*% mitigation cannot be started within 135 days of initiating in -water 0OWtruCdOn, the Celgrass replacement ratio shall be Incressed above the 1,2; 1 ratio spedfied in section 4 at a rate of gem percent for each =nth of delay. This increase in mitigation obligation is Aecewlry to Ousure tEd all Ooductivity losses incurred during this period = sufficiently 054 willin five YONTS. B. ?Xitigation Monitoring. Monitoring the success Of "1graSs 01higid011 shall be rquinA fbT B period orfive years for most projects. Monitoring activities shall determine the Peroe"t rovl"P and derWty of plants at the trBnspi= site and Asu be conducted at 3, 6, 11, 24 A 36 ' 48 ' W 60 months after completion of the tramplant, All monitoring work =at be conducted &Uing tm active vegetative growth period and shall avdid the winter months of'Navember Omob Febr=y. Sufficient f1exibility in the scheduling of the 3 and 6 mouth surveys &hall be slowed in order to =sure th6 work is completed during this active growth period. Additional monitoring beyond the 60 month period may be required in those instances whm stability of the prop�ad tramplant: site is questionable. Thi monitoring ofan 4aCftt or ot�er acceptable control area (subje;t to the approval of the resource agencies) to account ibr any natural changes or fluctuations In bed width or density XCUSt be included as an element of the overall PrOPM A monitoring schedule that indicates when each of required monitoring events will be compleW -shall be provided to the resource ageneies prior to or conourrent with the WtMO11 Of the midgatio& Monitoring rcports'shall be provided to the resource agencies within 30 days after the con*cdon of each required monitoring petiod. 9, Mitigation SuccelL Criteria for I determination oftreasplant success shall be based upon 4 comparison of vegetation coverage (11r6e) and density (turlons per square meter) between the project and mitigation sites. Extent of vegetated cover is defined as that area where eelgrass is present and whem Saps in coverage are less them one meter between individual turions dus=. Density of shoots is defted by the number of tutions per am present In representative 04mplcs . within the control or transplant bed, Specific criteria am as follows; I mmunum of 70 percent areal coverage and 30 percent density after the first YW, b, & midwom of 95 percent areal coverage and 70 percent density* after the mond year. c. a sustained .100 percent &rW Coverage and at W4 B5 percent density fbr the think fourth and fifth yew, E NO. 779 P. 5/5 Should the required eelgrass transplant flail to meet the established criteria, then a Supplementwy Transplant Ama (STA) shd be coastn;44 ifnecessary, and planted. The size of this STA sW be determined by the Wowing forraula: I STA = MTA x G.% + DJ - JAj,+ D*D MTA - mitigation transplant am A, = U=plant deficiency or excess In area of coverage criterion Nb). D, - transplant declency in density criterion (%). At - natural decline in am of control 13, - natural dedine in density of control (%). 1V Three conditions apply. 1) For years 2-5, an excm of only up to 30% in area of coverage over the stated criterion with I density of at least 60% as compared to the control am may be used to offset any deliciencles it the density Criterion. 2) Densities which exceed any of the stated criteria shaU not be used to offset any deSciencleB itt area of coverage. 3) Any required STA roust be initiated witlin 120 days fbUowbg the monitoring eymt that idwifles 4 deficiency in meeft the success miteria. Any delays beyond 120 dsr in the implemmution of the STA sball be subject to the penalties as described in Section I 10, Mitigation Bank. Any mitigation transplant succoss that, after five years, tx0cods the mitigation reqLrir=err% as dellned in Section 9.. my be considered as credit in a 'Mitiption baW. Establishment of any "mitigation bank' and use of any credits accrued from such 4 bank must �e with the approval of the resource agencies and be consistent vvith the provisions stated In this policy, Monitoring of any approved mitigation bank shaU be conducted on an annual bR36 until all credits are exhausted. 11. EXCIUSIOM Plactmw of a single pipeline, cable, or other similai utMty I Ine across an wdst�ng eelgrass bed with an impact corridor of no more than 12 Inches wide =y be otoluded from the provisi= of this policy vyith concurrerm of the resource agencies. After prcdect construction, a post-project'survey shaU be completed within 30 days and the results shag be sent to the resource agencies. The actual area of impact sh" be determined from this survey, An addidional survey shall be completed afier 12 months to insure th4t the project or Impacts attributable to the projwt have not exceeded the allowod 12 inch corridor vddth., ShouW the pos.t-project or 12 month survey demonstrate a lam of eelgrass. greater than the 12 inch wide corridor, Oien mitigation pursuam to provisions 1-10 of this poUcy shaH be required. (last revised 9/30197) 4 TABLE & EELGRASS TRANSPLANT PROJECT SUMMARY SOUTHERN CALIFORN14 REGION 1976-19W Source: Robert Hoffman, Netiond Marine Fisheries Service, South~ R000n Three pencling projects Four paneling projects with mixed success; a sediment plug method'O and a sediment- *ec ration b=dle/anchor metbod� With the first method, plugs of e0grass and associated sediments are collected with coring devices in a donor b4 placed in trays, plastic sleeves, or biodegradable planting pots, and transported to an intertidal or sublidal receiver site. The plugs am then replanted on centers spaced approximately I m apart in rows along the shoreline or placed in deeper waters by divers. "Biodegradable"planting pots however, sometimes do not degrade in anaerobic bay muds which has resulted in transplantfaijure's. Unless the transplant is within a very small area, this method is extremely labor intensive and involves transporting larger amounts of material. Amorr efficient, cost-dffectivemothodisaturionbundleI anchormethod. flelgrass is collected from donorsite sediments from the shoreline or by divers, placed in mesh dive bags or buckets, and transported to an on -shore assembly station where the vegetation is rinsed in seawater to wash the sediment free from the root(rhizome mass. The sediment -free individual celgrass turiDns are then fabricated into planting units, with each unit consisting of 12 to 15 turions. A unit is assembled by securing the turions together in a bundle with a loop of biode- gradable twine that is also connected to a biodegradable anchor (popsicic sticks, tongue depressors and "Totsio Pops" work fine). Replanting is accomplished by a team of divers who follow a predetermined planting scheme. The team then re- planis the bundles at spacings of 0.6 to 1.0 motor apart through- out the planting area by placing the biodegradable anchors and 20 root/rhizome mass into a 113 -to -15 cm deep hand dug hole, carefullyrepackingthehole with sediment and making sure the root-rhizomemn is not expoW above the surface (Figure 9). The anchor/bundle method can be accomplished quicker t1han the colgrass plug method, the transport involves ICU weight, and habitat disturbance during the replanting is Donald- crably less. Consequently, it is a more cost officient and ecologically sound method of transplanting, For a one acm transplant with planting units consisting of 12 turlons.por bundle and spaced at 1 m intervals, the transplant would require 4049 planting units and a total of 48,5W turions. A team of between 5 and 10 people could accomplish the transplant in a period of two to three weeks. Transplant monitoring and maintenance. Eclgrass transplant projects are monitored for percent coverage and shoot density at intervals of 3, 6,12,24, 36,48, and 60 months after the completion of the transplant during the active vegeta- tivo growth periDds of March through October. Data are also collected in a "control" celgrass meadow to account for natural changes or fluctuations. Reports are submitted the resource agencies following each monitoring survey. Evaluation of transplant success. Transplant suc= criteria am based upon yearly objectives for areal cover and planting density. If yearly criteria am not met, then a replant is required The amount to be replanted is calculated based Upon a formula that takes into account area and/or density doficion- dcs2� If the tunsplant results exceed mitigation requirements at the end of five years, then the excess may be accrued in a EXHIBIT NO, R -A—PPLIWTION NO. VWF S Pt Prij r dre�' 'IM04 1IQ%'%' Calitornia Cout'l C'41j"J" Transplant Inrormation Bare Root Transplant I (Bundle/anchor) Sediment- Laden Plug Transplant Total Transplant Efforts Per Method 13 6 Range or Acreage Transplanted <0. I to 3.8 hectares <0.1 to 1.8 hectares Transplants Consistent mith Regulatory Permit Conditions 10/13(77%) 4/6(67%) Transplants Met Permit Success Criteria 8/10 (80%f 1/6(17%) Net Result or Transplant: net increase in cover no change in cover net decrease in cover 7/9(78%)3 2/9(12%) 1/6(17%) 3/6(50%) 2/6 (33%) TABLE & EELGRASS TRANSPLANT PROJECT SUMMARY SOUTHERN CALIFORN14 REGION 1976-19W Source: Robert Hoffman, Netiond Marine Fisheries Service, South~ R000n Three pencling projects Four paneling projects with mixed success; a sediment plug method'O and a sediment- *ec ration b=dle/anchor metbod� With the first method, plugs of e0grass and associated sediments are collected with coring devices in a donor b4 placed in trays, plastic sleeves, or biodegradable planting pots, and transported to an intertidal or sublidal receiver site. The plugs am then replanted on centers spaced approximately I m apart in rows along the shoreline or placed in deeper waters by divers. "Biodegradable"planting pots however, sometimes do not degrade in anaerobic bay muds which has resulted in transplantfaijure's. Unless the transplant is within a very small area, this method is extremely labor intensive and involves transporting larger amounts of material. Amorr efficient, cost-dffectivemothodisaturionbundleI anchormethod. flelgrass is collected from donorsite sediments from the shoreline or by divers, placed in mesh dive bags or buckets, and transported to an on -shore assembly station where the vegetation is rinsed in seawater to wash the sediment free from the root(rhizome mass. The sediment -free individual celgrass turiDns are then fabricated into planting units, with each unit consisting of 12 to 15 turions. A unit is assembled by securing the turions together in a bundle with a loop of biode- gradable twine that is also connected to a biodegradable anchor (popsicic sticks, tongue depressors and "Totsio Pops" work fine). Replanting is accomplished by a team of divers who follow a predetermined planting scheme. The team then re- planis the bundles at spacings of 0.6 to 1.0 motor apart through- out the planting area by placing the biodegradable anchors and 20 root/rhizome mass into a 113 -to -15 cm deep hand dug hole, carefullyrepackingthehole with sediment and making sure the root-rhizomemn is not expoW above the surface (Figure 9). The anchor/bundle method can be accomplished quicker t1han the colgrass plug method, the transport involves ICU weight, and habitat disturbance during the replanting is Donald- crably less. Consequently, it is a more cost officient and ecologically sound method of transplanting, For a one acm transplant with planting units consisting of 12 turlons.por bundle and spaced at 1 m intervals, the transplant would require 4049 planting units and a total of 48,5W turions. A team of between 5 and 10 people could accomplish the transplant in a period of two to three weeks. Transplant monitoring and maintenance. Eclgrass transplant projects are monitored for percent coverage and shoot density at intervals of 3, 6,12,24, 36,48, and 60 months after the completion of the transplant during the active vegeta- tivo growth periDds of March through October. Data are also collected in a "control" celgrass meadow to account for natural changes or fluctuations. Reports are submitted the resource agencies following each monitoring survey. Evaluation of transplant success. Transplant suc= criteria am based upon yearly objectives for areal cover and planting density. If yearly criteria am not met, then a replant is required The amount to be replanted is calculated based Upon a formula that takes into account area and/or density doficion- dcs2� If the tunsplant results exceed mitigation requirements at the end of five years, then the excess may be accrued in a EXHIBIT NO, R -A—PPLIWTION NO. VWF S Pt Prij r dre�' 'IM04 1IQ%'%' Calitornia Cout'l C'41j"J" ,ATE OF CALIFORNIA , CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WLSON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION 3737 MAIN STREET, SUITE 500 RIVERSIDE, CA. 92501-3339 PHONE: 1909) 782-4130 FAX: (909) 781-6288 March 13, 1998 MAR 19 1998 CALIFORNIA COA,5TAL CONWISS'ON Mr. Cyrus Tabaz 13255 Mulholland Drive Beverly Hills, CA 90210 17 WAIVER OF WASTE DISCHARGE REQUIREMENTS AND WATER QUALITY CERTIFICATION FOR THE PROPOSED CONSTRUCTION OF FIXED PIER EXTENSION AND NEW FLOATING DOCK, CITY OF NEWPORT BEACH, ORANGE COUNTY (NO ACOE REFERENCE NUM13ER) Dear Mr. Tabaz: On February 20, 1998, we received a transmittal dated February 12 from your agent, Cash & Associates, for the above -referenced project. We received all requested materials for a complete application as of February 20, 1998. This letter responds to your request for certification, pursuant to Clean Water Act Section 401, that the proposed project described below will not violate State water quality standards: 1. Project description: You are proposing to remove an existing degraded and unusable walkway and dock, replacing it with a new access walkway and dock in a different location and configuration. The new access walkway will be 100 feet longer and wiH be located 25 feet west of its present location. You are also proposing to install a new 'U"- shaped floating dock and a new ADA -compliant gangway/ access system that meets current federal guidelines. Concrete guide piles will be installed to support the floating dock. Utility systems to support the new dock will be upgraded. No dredging or discharge into the bay is expected to occur. 2. Receivi ng water: Lower Newport Bay, 0.3 miles southeast of the Newport Bay Coast Guard and Harbor Masters offices located on Bayside Drive. Hydrologic Unit Number 901. 11. 3. Fill area: The shadow of the proposed project covers an area of 0.08 acres. The actual permanent impacts to the floor of the harbor will be smaller, consisting of the total area of the piles used along the walkway and dock. Approximately 0.025 acres of eelgrass habitat win be permanently impacted. 4. Dredge volume: None 1APP1 IG A i 1UN lv� co 19. A fflu% ------- 1� 1_1" Mr. Cynis Tabaz March 13, 1998 5. Federal permit: Individual Page 2 6. Compensatory A mitigation plan has been proposed in the "Eelgrass Impact mitigation: Assessment, Mitigation, and Monitoring Plan" submitted with your application. This plan calls for the creation of 0.03 acres of eelgrass habitat. There is eelgrass in the project area. Eelgrass is an important habitat for the young of game fish such as halibut. The proposed project is not expected to impact state- or federally -listed endangered or threatened species or their critical habitat. A biologist will monitor the construction process to minimize damage to the eelgrass beds surrounding the construction site. There is the potent ial for increased turbidity during pier construction. These impacts will be minimized by careful adherence to existing city guidelines for construction of piers within Newport Harbor. Measures such as the use of silt curtains will be taken to minimize potential impacts while construction is proceeding. No material will be allowed to drift away from the site during the demolition of the existing pier or the construction of the new pier. You have submitted an application for an individual permit to the U.S. Army Corps of Engineers in compliance with Section 404 of the Clean Water Act and have filed for a Coastal Development Permit from the California Coastal Commission. The proposed construction activities are exempt from the requirements of CEQA under Section 15302. Resolution No. 96-9 (copy enclosed) provides that waste discharge requirements for certain qW of discharges are waived provided that criteria and conditions specified in the Resolution are met. Provided that the criteria and conditions for Projects Which Impact Wetlands and/or Riparian Habitats specified on page 2 (of Attachment "A" to the Resolution), Minor Stream Channel Alterations specified on page 3, and the general conditions specified on page 4 are met, waste discharge requirements are waived for this project. Pursuant to California Code of Regulations Section 3857, this action is equivalent to waiver of water quality certification. We anticipate no further action on your application, however, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. Mr. Cyrus Tabaz Ma- ch 13, 1998 Page 3 Should there be any questions, please contact Hope Smythe at (909) 782-4493 or Linda Garcia at (909) 7824469. Sincerely, -4 GERV rTHIBEAULT Executive Officer Attachment cc (with attachment): Cash & Associates - Randy H. Mason cc (w/out attachment): U.S. Environmental Protection Agency, Wetlands and Sediment Management Section Daniel Mcer (W-3-3) U.S. Army Corps of Engineers - Lisa Morales U.S. Fish and Wildlife Service - Martin Kenney State Water Resources Control Board, OCC - Ted Cobb State Water Resources Control Board, DWQ-Nonpoint Source Certification and Loans Unit - ... William R. Campbell, Chief California Department of Fish and Game, Long Beach - Terri Dickerson Callifomia Coastal Commission - Meg Vaughn LCG:%data\401\tabaz.401 01� JEWPORT BEACH FIRE AND MARINE DEPARTMENT September 23,1997 A-� , A�-' Mr. Cyrus Tabaz 13255 Mulholland Drive Beverly Hills, CA 902.10 Re: Pier Revision at 2209 Bayside Drive Dear Mr. Tabaz- As we disCussed at our last meeting, we have had the Orange County Sheriffs Harbor Patrol and the United States Coast Guard conduct a field inspection of the proposed location of your dock revision. They were asked to look at it specifically as it relates to a potential for h&7ard5 to navigation. We positioned ourselves on July 16,1997 in about the same location as the do& would occupy and the Coast Guard and Harbor Patrol felt that there would be no significant navigational problems with the dock located in that spot. I hope this answen your questions and if I can be of further assistance, please contact me at 640041, Sincerely, Tony Melum Deputy Chief Marine Environmental Division Cc: Randy Mason Cash atO Associates P. o. Box 2715 1juntington Beach, CA 92647 A . XHIBIT NO. 15 M6621 Gllftrnla CoRWI 60:61 flH1 98-91-IfIr 5-98-047 Page 3 I III. Svecial Condition 1. Construction Responsibilities and Debris Removal The applicant agrees not to store any construction materials or waste where it is subject to wave erosion and dispersion. In addition, no machinery will be allowed in the intertidal zone at any time. The permittee shall remove from the beach.any and all debris which results from the construction period. 2. Mitigation of Construction Impacts The applicant shall adhere to the city guidelines for construction of.piers in Newport Harbor and shall: 1. Utilize silt curtains to minimize siltation during construction of pilings, 2. Take measures to ensure that barges do not ground and impact eelgrasB sites, 3. Ensure that materials from the pier to be demolished are contained and that debris is k6pt from Harbor waters, 4. Conduct a post -construction survey to determine if any additional adverse impacts occurred as a result Of construction and provide mitigation for those impacts, 5. Have a biologist monitor the construction to minimize impacts to eelgraaB beds. 3. Provision of Applicable Permits Prior to commencement of construction the applicant shall submit, for the review and approval of the Executive Director, a final mitigation and monitoring plan or changes to the MBC plan dated December 1997 (if required by resource agencies) and any approvals, notices and/or any permits required from the National Marine Fisheries Service, California Department of Fish and Game, and Army Corps of Engineers. 4. Provision of Monitoring Revort At the end of six years the applicant shall provide the Executive Director with a final monitoring report. The report, shall include the following information: 1. the results of previous monitoring periods, 2. conformance of the project with success criteria for coyerage, density and health, as specified in MBC's December 1997 Plan, 3. results of any additional transplantations, if required, 4. statement that the project has or has not met the mitigation plan goals (100% success), 5-98-047 Page 4 5. Provision for CDP Amendment The plan is considered successful if the plan meets 100% success at the end of six years. In the event that the plan is less than 100% successful but greater than 50% successful, the applicant is required to perform alternative mitigation. if the plan is less then 50% successful the applicant shall renegotiate the mitigation plan with National Marine Fisheries Service or the California Department of Fish and Game. If either alternative mitigation method is proposed the applicant shall apply for a coastal development permit amendment from the Coastal commission. IV. Findings and Declarations: The Commission hereby finds and declares: A. Project Description The applicant is proposing to demolish an existing 180 foot long pier and dock and construct a new 330 foot long pier (supported by 25 Pil8B), a 60 x 80 foot U-shaped floating dock, a 101 x 14' platform and a 30 foot gangway. The proposed pier will be located 25 feet Boutheast of the existing dock (see Exhibit 2). The project involves adverse impacts to 1,086 square feet of eelgrass habitat, which the applicant is proposing to replace on a 1.2:1 ratio, in accordance with National Marine Fisheries Service and California Department of Fish and Game eelgrass mitigation policy guidelines. The site is located on Newport Harbor in the community of Corona del Mar in the City of Newport Beach (see Exhibit 1). The Bite is located just north of the southern entrance to Newport Harbor. Harbor waters at the project site contain eelgraBB and the applicant has Bubmitted an eelgrass mitigation plan. The proposed development is located within the jurisdiction of the City of Newport Beach within the U.S. Pierhead Line (see Exhibits 2 and 3). State Lands Commission review is not required. Many of the properties in this area have piers and docks which extend well out into the harbor. This is due in part to the tidal regime and shallow underwater topography. The applicant has indicated that his pier MUBt extend out to the Pierhead Line because he has a 70 foot sailboat which has a draft of nine feet. The City of Newport Beach Fire and Marine Department submitted a letter dated September 23, 1997 stating that the Marine Department and the Coast Guard conducted a site visit and determined that the proposed development would not have an adverse impact on navigation. Many requests for pier and dock improvements in Newport Harbor are routinely processed by the Executive Director as de minimis waivers. However, because of the BiZe Of this project and the fact that the site contains sensitive coastal resources (eelgrass) the permit is agendized as a regular calendar permit. None of the previous permits for dock improvements in the area indicate the presence of eelgrass. The applicant's proposal includes mitigation for adverse impacts to 1,086 Bquare feet of eelgrass in the proposed alignment of the pier and dock. In addition, the Army Corps of Engineers is requiring the applicant to contribute to the North Shellmaker Island Mitigation Fund for the lose of 0.001 acres of 5-98-047 page 5 waters of the United States at a ratio of 6:1 (see Exhibit 6).' The Army Corps normally does not require mitigation for pilings because the pilings themselves provide new habitat. However, because of the length of this project the Army Corps is requiring mitigation. B. Permit History There have been several coastal development permits and one LUP action approved by the Commission for this site, including a lot subdivision. CDP 5-93-043 (Burnett, 2211 Bayside Dr.)i At the March 16-19, 1993 hearing the Commission approved a de minimis waiver for the construction of a new single finger boat slip consisting of a 4 foot by 135 foot pier, a 10 by 14 foot platform, a 3 by 22 foot gangway, and a 10 by 50 foot float. CDP 5-93-090 (Burnett & Hillyard): This permit was approved by the Commission on the Consent Calendar in May 1993 for the subdivision of a single lot into two lots. There were no special conditions and the permit was issued on May 13, 1993. A 24,196 square foot lot was subdivided into an 11,906 square foot parcel and a 12,290 square foot parcel. Land Use Amendment 3-92: At the February 19, 1993 Commission hearing the Commission approved, with suggested modifications, this amendment. included in the amendment approval was the revision of the dwelling unit allocation for the Corona del Mar South statistical area of the subject site. The LUP I amendment made the LUP text consistent with the subdivision proposed in CDP 5-93-090. The LUP amendment allowed for the subdivision of an existing single-family residential parcel at 2209 Bayside Drive into two single-family parcels. There are also coastal development permits for residential boat docks in the area. Two of these docks extend out 214 and 244 feet into the bay, respectively. CDP 5-96-067 (Moshayedi, 2121 Bayside Dr.): At the May 1997 hearing the commission approved the expansion of an existing dock. The expansion consisted of the relocation of one finger dock and the addition of one finger dock seaward of the existing dock configuration. The pier and dock would be extended out to the U.S. Pierhead Line, for a total length of 244 feet. CDP 5-93-127 (Friis, 2121 Bayside Dr.): At the June 1993 hearing the Commission approved a de minimis waiver for the construction of a 4 X 92 foot pier, 10 x 14 foot platform, 3 x 22 foot ramp, and 10 x 60 foot boat slip. CDP 5-91-336 (Furnish, 2215 Bayside Dr.): At the June 1991 hearing the Commission approved a de minimis waiver for the revision of an existing dock consisting of the addition of a single -finger dock to create a U-shaped boat dock. The dock addition would not extend seaward of the existing dock. This pier and dock extends out 214 feet in length. 5-98-047 Page 6 B. Marine Environment There are several Chapter 3 policies pertaining to protecting and enhancing marine resources. Section 30230 states; Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. Section 30231 states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flOwr encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. The certified LUP also contains policies regarding water quality and development in the harbor. The certified LUP states: 1. only the following types of developments and activities may be permitted in the parts of Newport Bay which are not within the State Ecological Reserve where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects: C. In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities, including slips, access rampst piers, marinas, recreational boating, launching ramps, haul -out boat yards, and pleasure ferries. 1 . Discussion of Belorass The harbor in the vicinity of the applicant's property contains eelgrass. The applicant submitted an Eelgrass Impact Assessment, Mitigation and Monitoring Plan for Proposed Renovation of Mooring Facilities at 2209 Bayside Drive report prepared by MBC Applied Environmental Sciences, revised in December 1997. According to E. Yale Dawson, Seashore Plants of Southern California, eelgrass or Zostera marina grows in tidal mud flats and in bays and estuaries from low tide to 20 feet or more. Eelgrass is described in Explorina Pacific Coast Tide Pools (Braun & Brown) as a 3-1011 long plant with branch stems rising from 5-98-047 Page 7 thick root stock with ribbon like leaves common to mud flats and estuaries. The MBC mitigation plan notes that disturbances of coastal bayB and wetlands in California have resulted in the substantial reduction of this habitat. The July IS193 edition of Share and Beach magazine contains an article by Rich Ware entitled "Belgrass (Zostera Marina) in Southern California Bays and Wetlands with Emphasis on orange County, California". Ware writes that seagraus provides a vertical component to featureless, BOft-bottom habitat, attracts invertebrates and fishes and serves a nursery function for many fishes. Various diatoms, algae, worms, snails and crustaceans live on the shoots and blades of eelgrass. Worma, clams and crustaceans also live in the sediment among the roots and rhizomes. Eelgrass also provides foraging habitat for pipefish, kelpfish, lobster, sand bass, California halibut, topemelt, anchovy, perch, and sting rays. Also utilizing eelgrass habitat are crabs, Bea stars, and urchins. In a review of research, Ware found studies that support the position that 11 ... vegetated bay sediments support ahigher diversity of invertebrates compared to unvegetated bay sediments because of the added structure and habitat." Ware writes that although eelgrass meadows were once common in Newport Bay, it is more commonly found now in Anaheim/sunset Bay. "Eelgrass meadows occur at: depths of 3 m to 6.1 m (10 to 20 ft.) in the Newport Harbor entrance channel and sporadically at shallower depths along bulkheaded shorelines near Balboa and Harbor Islands." Ware states that eelgraBs and its associated biota are "Bensitive to environment perturbations that result in shading, water motion changes, and habitat alteration... 1,; 2. Project Impacts Eelgrass mitigation policy was adopted on July 31, 1991 by the National Marine Fisheries Service, U.S. Fish and Wildlife Service and the California Department of Fish and Game. The policy contains several guidelines which include specific requirements for: 1) mapping the area, distribution and density of eelgrass beds; 2) time periods when mapping takes place; 3) requirements for mitigation sites; 4) mitigation ratios of 1.2:1 for impacted habitat replacement; 5) requirements for Success and monitoring; and 6) requirements for planting and transplanting eelgrass. A copy of the policy is included as Exhibit 7. MBC Applied Environmental sciences prepared their document as a plan to mitigate for the potential loss of shallow eelgrass habitat due to shadowing effects of the proposed dock. MBC states that the plan was drawn up according to, the guidelines established.in the 1991 policy document as well as the revisions adopted in 1996. NBC used the existing pier as a model for determining the shadowing effect. In addition, MBC took direct measurements andobBervations of eelgrass along the proposed alignment of the new pier and dock. The potential shadowing effect was measured for two meters to either side of the pier and four meters outside of the proposed dock alignment. The extent of shadowing was determined by measuring the distance of existing patches of eelgrass to the existing pier and dock structures. MSC concluded that the impacts of the proposed development include the potential 1080 of 209 sq. ft. of ealgrass below the pier and 877 Sq. ft. of eelgrass below the dock, for a total of 1,086 sq. ft. MBC conducted Surveys at the height of the growing season,in July and again in November of 1997. 5-98-047 Page 8 The results of the July survey were selected as the standard for eelgrass areal coverage and density, because the numbers were higher in July. Because of the patchy nature of the eelgrass in the project vicinity, MBC determined that impacts to eelgrass would be similar if the pier and dock were moved to an alternative location or if the current dock alignment was used. However, because of the size of the boat the dock has to be situated at the proposed location for depth.conaiderations. A shorter pier and dock would not be a viable alternative because of the size of the boat and the shallowness of the harbor waters. In addition, deepening the bay to allow a shorter pier and dock would involve more impacts to eelgrass than is proposed. The applicant's consultants and the City have also indicated that dredging is not a viable long-term option because of the existing currents. Staff talked with an MBC marine biologist concerning the eelgrass mitigation plan. The biologist indicated that the density of eelgraBs decreases with the depth of water. In other words, eelgrass density is higher in shallow water and patchier in deeper water. In this case the pier extends some 300 feet. However, the impacts to eelgrass are greatest within the first 200 feet and less so as the development extends seaward. However, because the proposed dock is much larger in area than the proposed pier, the shadow effects are greater. 3. Mitigation and Monitoring Plan In conformance with the Eelgrass Mitigation Policy, MBC would provide mitigation an a 1.2:1 ratio for a total of 1,303 sq. ft. MBC notes that eelgrass has begun colonizing formerly shaded areas of the existing dock. The existing dock was partially destroyed in the 1996 winter storms. It is expected that with the removal of the existing dock and pier, eelgrass would continue to colonize that area. EelgrasB mitigation occurs in the form of transplantation only. There are no commercial nurseries propagating ealgrass. * The quantity of eelgrass transplanted will be equal to the quantity required for mitigation, 1,303 sq. ft. Divers select shoots from existing eelgrass patches, bundle them together in bundles of 10 to 15 and then replant them at selected sites. The National Marine Fisheries Service conducted a study of eelgrass transplantation methods. The proposed development will utilize the bundle/anchor method. Exhibit 8 contains a table which shows that in 13 bundle/anchor transplant operations 80% of the projects met permit success criteria and a net increase in cover resulted in 78% of the cases. This is an extremely good success ratio. The process of selecting plants from donor sites is a thinning Process, not one of complete elimination. In other * words, patches of eelgrass will still remain in the alignment of the proposed pier and dock. The transplant program should be beneficial to the aelgrass ecosystem in the long run because the biologists will select optimum growing sites in the project vicinity and by physically transplanting bundles of eelgrass will aid dispersal faster than the plant can reproduce by itself. It should also be noted that the Eelgrass Mitigation Policy generally recommends that eelgrass be selected from several geographically distinct donor sites in order to increase biological diversity. Because the project is 5-98-047 Page 9 80 Small the resource agencies waived this requirement and all transplanted eelgrass will be taken from the project vicinity. The Eelgrass Mitigation Policy contains provisions for success criteria and monitoring. Monitoring is conducted at 3, 6, 12, 24, 36, 48 and 60 months following transplantation for density, areal coverage and overall health of the eelgrass. In addition, MBC will monitor the site for an additional year to ensure that there is no net loss of habitat to Newport Harbor. The BucceaS criteria are as follows: Year 1; Minimum of 70% areal coverage & 30% density Year 2: Minimum of 85% areal coverage & 70% density Year 3-5: Sustained 100% areal coverage and 85% density. MBC will continue to transplant eelgrass in the event that these criteria are not met. MEC's mitigation program provides that if they are unable to show 100% success criteria at the end of six years but success is greater than 50%, they will pay into a mitigation fund. If the success is less than 50%.then the plan will be renegotiated with National marine Fisheries and the California Department of Fish and Game. In both of these scenarios, a coastal development permit would be required. 4. Coastal Act Consistency Section 30230 of the Coastal Act concerns the maintenance, enhancement and restoration of marine resources, particularly species of special , biological significance. Section 30231 of the Coastal Act concerns the biological productivity and quality of coastal waters, bays, etc. Implementation of the proposed development involves impacts to eelgrass, a sensitive coastal ,resource. The applicant has submitted a mitigation and monitoring plan prepared by MBC Applied Environmental Sciences in 1997. There are several special conditions of this staff report designed to ensure consistency with Sections 30230 and 30231. Special condition no. 1, construction responsibilities and debris removal, and special condition no. 2, mitigation of construction impacts, are designed to ensure that the biological productivity and water quality is not adversely impacted by construction of the proposed development. Special condition no. 2 includes measures such as placement of silt curtains to minimize siltation during construction of pilings, having a biologist on site to monitor construction, and conducting a post -construction survey of eelgrass to determine if there are additional adverse impacts resulting from construction. Special condition no. I also requires that all construction materials be stored away from the harbor and that all debris be contained and removed after project constiuction is complete. Special condition no. 3 requires that the applicant provide evidence of all required permits from applicable resource agencies prior to commencement of construction. Special condition no. 5 requires that in the event'the project does not meet its goals with respect to eelgrass mitigation, then the applicant must apply for a coastal development permit amendment to get approval.from the Commission for any new mitigation measures. Special condition no. 4 requires that th e applicant provide a comprehensive report at the conclusion of the five year monitoring plan, and details some of the report components. 5-98-047 Page 10 Therefore, as conditioned, the Commission finds that the proposed development is consistent with Sections 30230 and 30231 of the Coastal Act. C. Public Access and Recreation Section 30604(c) of the Coastal Act requires that every coastal development permit issued for any development between the nearest public road and the sea includes a specific finding that the development is in conformance with the public access and recreation policies of Chapter 3 of the Coastal Act. The proposed development is located between the sea and the first public road. Section 30212 of the Coastal Act states, in relevant part: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (2) adequate access exists nearby. Section 30224 of the Coastal Act states; Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. The proposed development.is located in the community of Corona del Mar in the City of Newport Beach. The development is located on Newport Harbor near the eastern harbor entrance. Public vertical access in the area exists a street easement 500 feet to the south and at a public sandy beach one quarter mile north at the Harbor Master building site. The proposed development consists of the construction of a 330 foot long pier and dock facility for a private recreational boat. No work is proposed on the residence. The proposed development is a normal improvement for single-family residences in this area. The proposed development will not adversely impact existing navigation. The development will have no adverse impacts on coastal access and recreation. Therefore, the Commission finds that the proposed development does not pose significant adverse impacts on public access and recreation and is consistent with Section 30212 of the Coastal Act. C. Land Use Plan Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act. 5-98-047 Page 11 The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As conditioned, the proposed development is consistent with the policies contained in the certified Land Use Plan regarding water quality and development in coastal waters. Therefore, approval of the proposed . development will not.prejudice the City's ability to prepare a Local Coastal Program for San Clemente that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a). D. Consistency with the California Environmental Quality Act Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the amendment to the coastal development permit, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the marine resource protection policies of Sections 30230 and 30231 of the Coastal Act. Mitigation measures; special conditions requiring removal of construction debris, provision of applicable permits, provision of final monitoring report, contingency for a CDP amendment, and mitigation of construction impacts, will minimize all adverse effects. As conditioned, there are no feasible alternatives or feasible mitigation measures available, beyond those required, which would substantially lessen any significant adverse effect which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the .identified effects, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 0886G i I mlj JI 4 A r A 4,0 A .,ej LL — — — — — — — — — — - — T EXHIBIT NO. APP ION 4NI 7: L I f4 I -Y �M �33S 9 t' tCj A/ rCalifornia Coastal Commiasion mlj STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, 10th Floor Long Beach, CA 90802-4302 (562) 590-6071 RECEIVED By PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM JUL 3 0 1998 PM \X—\ PETE WILSON, Governor Filed: 03-19-98 49th Day: 05-07-98 180th Day: 09-15-98 Staff: RMR-LB ptuz Staff Report: July 20, 1998 Hearing Date: August 11-14, 1998 COMMiSBion Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NO.: 5-98-047 APPLICANT: Cyrus Tabaz AGENT: Cash & Associates PROJECT LOCATION: 2209 Bayside Drive, Newport Beach, Orange County PROJECT DESCRIPTION: Removal of an existing 180 foot long damaged pier and dock and construction of a new 330 foot long extended pier supported by 25 piles, a U-shaped floating dock (60 x 80 feet), a 101 x 141 pier platform and a 30 foot gangway. Mitigation is proposed on a 1.2:1 ratio for adverse impacts to 1,086 square feet of eelgrass. No dredging is proposed. SUMMARY OF STAFF RECOMMENDATION: The staff recommends that the Commission approve the proposed development with special conditions regarding removal of construction debris, provision of applicable permits, provision of a five-year monitoring report, mitigation of construction impacts and submittal of an amendment if project goals are not met. STAFF RECOMMENDATION: The Staff recommends that the Commission adopt the following resolution% The Commission hereby grants, subject to the conditions below, a permit for the proposed development on the grounds that the development, as conditioned, will be in conformity with the provisions Of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local gover=ent having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is located between the sea and first public road nearest the shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. 5-98-047 Page 2 LOCAL APPROVALS RECEIVED: Approval in concept from the City of Newport Beach Fire and Marine Department SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach Certified Land Use Plan, Regional Water Quality Control Board Waiver of Waste Discharge Requirement, EelgraBS Impact Assessment, Mitigation, and Monitoring Plan for Proposed Renovation of Mooring Facilities at 2209 Bayside Drive by MBC Applies Environmental Sciences, Coastal Development Permits 5-97-067 (Moshayedi), 5-93-127 (Friie), 5-93-090 (Burnett), 5-93-043 (Burnett), 5-91-336 (Furnish), Letter from the Regional Water Quality Control , Board, September 23, 1997 Letter from the Newport Beach Fire and Marine Department, June 10, 1998 letter from the Army Corps of Engineers, "Eelgrass (Zostera marina) in Southern California Bays and Wetlands with Emphasis on Orange County, California 1993 II. Standard Conditions 1. Notice of Receipt and Acknowled=ent. 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. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. 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 posseBsors of the subject property to the terms and conditions. SEP -30-98 WED 14:42 8MY TO ITTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANOeLe$ DISTRICT, CORPS OF �NGINISrMS P,O BOX 53271 '1 LOS AMOELPS, CALIFORNIA 9000-2325 June 10, 1998 Cyrus Tabaz c/o Cash & Associates Attn: Randy Mason 5772 Clolsa Avenue, Suite 100 1�iuntjngton Beach, California 92647 Dear Mr. Tabaz: P. 02 a �q' Ell V ED JUN 15 CAZ��l ' `OCIAT-�$ Reference is made to your request of February 18, 1998 (File No, 98 -00234 -PTF), Under the provisions of Section 10 of the Myers and Harbors Act of March 3,11399 (33 7 -1,S -C, 403), you are hereby authorized to impact 0.15 acres of waters of the US. for the construction of a new pier and dock seaward of 2209 Baysidp Drive, in Newport Say, in, tl)e City of Newport Beach, Orange County, California, as shown on the enclosed drawing(s), The owner or authorized responsible official must sign and date all copies of this Letter of Pern-tisgion (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 d4iys, prior to the start of construction) and completion of thL activity (within 10 days following the end of construction). Thank you for participating in our regulatory program, Sincerely, C C lard ,Of, 1Z RMrrTEE DA -2- Whan the structures or work authorized by this permit are still in existonce at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities aswcilted with comPliance with its ttrms and conditions, have the, transferee sign iind dMe Wow. T—RAN—SFJ;R�E--� ATE Enclosure(s) 10'd WPI a3M 86-06-d3S i7v0i" Y, 'V W 4 NEWPORT BEACH FIRE AND MARINE DEPARTMENT September 23, 1997 Mr. Cyrus Tabaz 13255 Mulholland Drive Beverly Hills, CA 90210 Re: Pier Revision at 2209 Bayside Drive Dear Mr. Tabaz: As we discussed at our last meeting, we have had the Orange County Sheriff s Harbor Patrol and the United States Coast Guard conduct a field inspection of the proposed location of your dock revision. They were asked to look at it specifically as it relates to a potential for hazards to navigation. We positioned ourselves on July 16,1997 in about the same location as the dock would occupy and the Coast Guard and Harbor Patrol felt that there would be no significant navigational problems with the dock located in that spot. I hope this answers your questions and if I can be of further assistance, please contact me at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division Cc: Randy Mason Cash and Associates P. 0. Box 2715 Huntington Beach, CA 92647 FIRE AND MARINE DEPAI MARINE DIVISION 70 Newport Pier 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: R�- J0461 ��-,OtP5 Property Address: Legal Description: City Harbor Permit Number: 7- ?- Applicant: Ad&:�V- Applicant's Mailing Address: lln�,IXA-111d,,fl '4LO -- / 14- 9� 0,7, / 0 Applicant/s Telephone Number: 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 They comply with the current adopted Newport Beach General Plan, Zoning ordinance, Subdivision Ordinance, and any applicable specific or precise plans or That a variance or exception has been approved and is f inal. 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 of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. 0 Has received a final Exemption Declaration or final Negative Declaration (copy attached). 0 Has received a Pinal 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 in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of Newport Reach. Tony Melum, Marine Deputy Chief By: Signat*4 Printed name and title of signer Date: lo4-7 Av -7 Attachments: 1. �V 2. 3 4 CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) 1. Appucant (rropeny uwner) Auaress I elephone 2 Project Address (Street Address) Harbor Permit Number 3 New Construction Revision Maintenance Dredging 4 Fee Check No Date 5. Brief Description of Proposed Work: W 6. Submit 8 1/2" x 11" Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of property lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declarationlinsurance Information. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) 8. Applicant'slAgent's Signature: Date: 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 Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers yl Approval of the California Coastal Commission. Approval of the City's Public Works Department. V' _ Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) i/ Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date 141--, Date Date Date Date Date Date Date Date Date Date A copy of any va . riance, 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 of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. Has received a final Exemption Declaration or final Negative Declaration (copy attached). Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior I to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of Newport Beach. Tony Melum,,Marine Deputy Chief By: Si4natu�e Printed name and title of signer Date: 7 Attachments: 2. CIE M September 30,1997 Re: Pier and Float Revision Application for Cyrus Tabaz Property at 2209 Bayside Drive Dear Sirs: As required of Section 5-G of the Harbor Permit Policies, the Marine Environmental Division of the Fire and Marine Department is giving you written notice of an application submitted by the property owner at 2209 Bayside Drive to revise the pier and float bayward of that location. For your information a copy of the proposed revision is attached. If you have questions regarding this permit or wish to discuss it with me I can be reached at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division 0 7 2 11-3,1 Attached letter regarding Cyrus Tabaz's revised pier sent to the following: RP10421151, Norbert W. Clements RP10502011, Robert R. Sprague RP10521211, Manouchehr Moshayedi RP10521371, Kathryn L. Wheeler RP1 0522151, occupant I RP10522231, Peter O'brien RP10522271, John and Susan Combs RP10599972, Zach Lindborg RP10522331, Ray and Brian Crystal RP10523011, Irving K. Burg RP10523191, Dirty Works Construction RP10523192, Garnder K. Grout RP10523193, Lois J. Bridges RP10523194, John A. Michler , /Ir kTTENTION: /-0 DATE: C&A PROJECT NO.: PROJECT DESCRIPTION, WE TRANSMIT: FOR YOUR USE PER YOUR REQUEST FOR REVIEW & COMMENT VIA: F-1 U.S. MAIL 0 FED EX 0 UPS COURIER HAND PICK UP ITEM(S) BEING TRANSMITTED: — ORIGINAL(S) — DRAWINGIS) — MEETING NOTES — BLUELINE(S) — SPECIFICATIONS — CORRESPONDENCE/MEMO — SEPIA MYLAR(S) — CALCULATIONS — PROPOSAVSOQ — SEPIA VELLUM(S) — SHOP DRAWING(S) — SF254/SF255 — PHOTOCOPIES — REPORT(S) — OTHER #OF COPIES DATE REV. DESCRIPTION Huntington Beach, CA 92649 Mail: P. 0. Box 2715, Huntington Beach, CA 92647 (714) 895-2072 - (310) 426-6145 m FAX (714) 895-1291 REMARKS: PLEASE SIGN & RETURN YELLOW COPY. (ENVELOPE PROVIDED) FROM: .S' 29 -WITH COPIES TO: CASH 5772 Bolsa & ASSOCIATES Avenue, Suite 100 Huntington Beach, CA 92649 Mail: P. 0. Box 2715, Huntington Beach, CA 92647 (714) 895-2072 - (310) 426-6145 m FAX (714) 895-1291 * * * * IF ENCLOSURES ARE NOT AS DESCRIBED, PLEASE CONTACT OUR OFFICE. - * * * TO: ATTENTION: 7a� ly DATE: C&A PROJECT NO.: 0 r3 PROJECT DESCRIPTION: 1;1 Zell' _5 1 a-�x WE TRANSMIT: F-1 FOR YOUR USE [I PER YOUR REQUEST FOR REVIEW & COMMENT VIA: 7 U.S. MAIL n FED EX F-1 UPS COURIER HAND PICK UP ITEM(S) BEING TRANSMITTED: — ORIGINAL(S) DRAWING(S) — MEETING NOTES — BLUELINE(S) SPECIFICATIONS — CORRESPONDENCE/MEMO — SEPIA MYLAR(S) CALCULATIONS — PROPOSAL=Q — SEPIA VELLUM(S) SHOP DRAWING(S) — SF254/SF255 — PHOTOCOPIES REPORT(S) — OTHER # OF COPIES DATE REV. DESCRIPTION ok M DOC e- e- -LAJ REMARKS: PLEASE SIGN & RETURN YELLOW COPY, (ENVELOPE PROVIDED) V WITH COPIES TO: CASH & ASSOCIATES e!�i 5772 Bolsa Avenue, Suite 100 Huntin ton Beach CA 92649 Mail: P. 0. Box 2715, Huntington Beach (7)4) 895-2072 w (3101426-6145 FAX IF ENCLOSURES ARE NOT AS DESCRIBED, PLEASE CONTACT OUR OFFICE. FROM: I CA 92647 (714) 895-1291 SECTION 15-5 5ca le 0 4 a FEET PURPOSE New Seawall Dotum: 14LLW - 0 Adj. Property Owners: 1. Peter O'Brien, 2223 Bayulde DIL Corona Del Mar, Ck 92625 2. Continental Pccfffc Hold, 2216 Bqslde Dr, Corona Del Mar, Ck 92626 3. K*ryn Wheeler, 4011 Avocado Ave. Corona Del Mar, Ck 92626 ELEVATION UNDER SEPARATE PERMIT NEW SEAWALL 610 -Sca le FEET Vertical 0 15 1,12 Sca le FEET (VARIES) Z. Corona Del Mar, Ck 92625 iz -4'-01' LU, m FROM N -W a. PROPERT*�' LU CORNER 40- � (SEE PLAN) Isi 71-7= 7:=:- -II— If- F- Tr 7 - T -[1 714,— 7 11 U 11 11 11 11 11 11 Lj—IU U a 0 U v U H 0 U U 9 H 0 U IJ SECTION A -A REINFORCEE) CONCRETE CAP EL. +10.0'MLLW I l�Lal!a CONCRETE ENCAeEC) APPROX. +2.0 NLLW CONCRETE E)EAC)MAN HIGH-BTRENGTH STEEL TIE-ROC)e, STEEL OR CONG. FVG-ENCA5EE) 4 GROUTEI). 8HEET PILES. IF STEEL, SHEET PILES WILL 5E CATHOE)ICALLY PROTECTEED) SECTION 15-5 5ca le 0 4 a FEET PURPOSE New Seawall Dotum: 14LLW - 0 Adj. Property Owners: 1. Peter O'Brien, 2223 Bayulde DIL Corona Del Mar, Ck 92625 2. Continental Pccfffc Hold, 2216 Bqslde Dr, Corona Del Mar, Ck 92626 3. K*ryn Wheeler, 4011 Avocado Ave. Corona Del Mar, Ck 92626 ELEVATION Horizanta 1 0 30 610 -Sca le FEET Vertical 0 15 30 Sca le FEET Cyrus Tabaz 2209 Bayside Dr. Corona Del Mar, Ck 92625 Proposed new Seawall IN: Newport Harbor AM Corona Del Mar. Ck County of 0.0, Stft Ck Application By: Cyrus Tabaz meet -2- of -L Date: 9j=/9 mi� wl z Z w w LU J �12.0 FLOATING DOCK SECTION A -A PUIll Now fbating dock and pier atonsion Dotim. MLLW - 0 Adj. Property Oww& I. POW O'Brien, 2223 BmWe DFIL Omm Lw Mar, Ck 92625 2. Continental Podfic Hold, 2215 BqWa Dr. Corona Del War, Ck 92625 3. Kathryn Whealler, 401 Avocado Avo. Coma DW Mar. Ck 92625 NEW PIER PIER -END PLATFORM (10'xl4' MAX) GANGWAY ELEV. MLLW ELEVATION .14orizontal 0 30 910 sea le MT!!%iiiiiarEET vertical 0 15 30 sea le eT!!T!6iiiiiQ rEET Cyrus Tabor 2209 Sayside Dr. Corona Del Mar, Ck 92625 Proposed now floating dock and pier extension K. Newport Harbor AT- Corona Del Mar, Ck County of D.C. statlL Ck ApoWffan Bjr Cyw Tabor Stleat -2- Of _L Datm 9/22/9 16 CITY OF NEWPORT BEACH w . Ica%/ Ty Ap 0 UA zu, 101401? r 0MR, � �Y,, 0,41" '77 PF&ILF. 40' Bic "lls"A am cgof-.v U MoalrVIOT olv CM 3 - CS - . . ....... NEWSfAJWL 41 KOM Nw SMd .A, Ni OL I A 4a� W I Or I GUFhK PAPS IA-OF45'3V IM0.00, RIO", r 6 rl'-W 4 MV I W -MITT MAP 10 114 ln;4 MILIS FMM TWOKOS omorwm PL4p ftopowd "M ftwd 1416tCL UNDER SEPARATE PERMIT NEW SEAWALL morizontal 30 (�o Ddum: MUN - 0 sca le FEET Adj. Property Omm 1. Pdar ftm, 2223 Ide,DR. VertTcal 0 ID 30 sca le FEET IN* NewW Harbor AT., Comm Del Mar, a ODnmlvl Mar, CA. 92U5 It W! W CYTUO TGbOz (VARIES) Coma Del Uar, Ck 92625 z ApplImBon Or. Ono Tab= I Kaffiryn Ylv'mder,401 Amelia Ave C run Dal Mar. 6C92625 Colons Dal Mai', Ck 92625 mxat _L of _.L Dabs . . . .... ....... W W FROM N -W PROPERTY CORNER W1 40' (SEE PLAN) :3! 7 ''T if r 11 t--4­4�4­4­4-� ;1 11 171, �,L� 1 11 4 11 11 R 11 0 11 11 11 11 11 1! 11 11 if 11 11 11 1 11 1 1 1 11 11 1 11 11 11 11 u 9 u u 11 !1 11 I q 11 11 11 11 11 11 a L U SECTION A -A EL. &10.0'MLLW REINFORCED CONCRETE CAP APPROX 'n� ml 1 11 STEEL OR CONC, SWEET PILE$. IF STEEL, SWEET PILES WILL 5E CATWODICALLY PROTECTED SECTION 5-5 HIGP-STRENGTP STEEL TIE -RODS, PVC -ENCASED 4 GROUTED 0 4 a Scale !!�� FEET PUWOSE, New Smwoll ELEVAT10N Proposed new Seawall morizontal 30 (�o Ddum: MUN - 0 sca le FEET Adj. Property Omm 1. Pdar ftm, 2223 Ide,DR. VertTcal 0 ID 30 sca le FEET IN* NewW Harbor AT., Comm Del Mar, a ODnmlvl Mar, CA. 92U5 I Cofftental Padric Wd, 2215 B*i[de Dr. CYTUO TGbOz County of O.C, Stdc rA Coma Del Uar, Ck 92625 22og Boode Dr, ApplImBon Or. Ono Tab= I Kaffiryn Ylv'mder,401 Amelia Ave C run Dal Mar. 6C92625 Colons Dal Mai', Ck 92625 mxat _L of _.L Dabs N cove c+�vnlk id F I log I CI 7EXIS'. TRESTLE TO BE REMOVEO_:�j EXIST. Pi.ATFORM 4. TRESTi 4- 41 I X1 00 71 -SITE PLAN' i— VICINITY MAP 0 1/4 1/2 3/4 !!!5 MILES FROM THOMAS BROTHER'S MAP I-OC'M DATA A-OV45'35' R- 1000.0. T. 50.31. 4,100.53, CLR. (MIN) NOTE ALL CLEARANCES OR DIMENSIONS NOTED AS "MIN" OR "MAX" MEET CITY OF NEWPORT BEACH REQUIREMENTS. ALL OTHER DIMENSIONS NOTED ARE 0 THE DISCRETION OF THE PROPERTY OWNER. HARBOR RESOURCES DI V. CITY OF NEWPORT BEACH �ki �T le 6 /(n CLR. (MIN) PURPOSF-- Now flaaUng dock and PLAN VIEW Proposed new floarting dock and pier. atenslon Daturn: MU - 0 0 36 60 pier extension Ad]. Pmperty Owners; FEET 1. Pew 0181761, 2223 By" D . P. R, Newport Harbor Corona N Mar, Ck 92M AT. Comm Dal Mar, CA. 2. ODrrUnffkl �22116 Barride Dr. Cyrus Tabuz Cm* of O.C. State. CA. POM MD Mar, Ck 92625 22og Bayside Dr. 3. Kathryn. Vmeli& 401 Avocado Ave. Corona Dal Mar, Ck 92625 APPIlCuum Df. Cyrus Tabuz rana Del Mar, CA, 92M Sheet —L of -2— DaW 9/22 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICAT4PNBOR RESOURCES DIV CITY OF NEWPORT BEACH CITY OF NEWPORT BEACF PLEASE PRINT OR . TYPE BUILDING DEPARTMENT (:57h r7 X/ 4/6 1. PROJECT ADDRESS (NOT MAILING ADDRESS) ---7 2 ZO Oy-, FLOOR - SUITE No. LEGAL DESCRIPTION LOT BLOCK, TRACT No. UNITS 2. DESCRIPTION OFwoRk USE # OF STORIES VALUATION$ C7/ C)CV SO FT (NEW/ADDED/EXTG) V--eos4�� (1'(D -?- L 0 8 1, 8 — 4. ARCHITECT/DESIGNER-S NAME LAST 'FIRST NEW r-1 ADD El ALTER DEMO E] Check Appropriate Box for Applicant E:i 3. OWNER'S NAME LAST F 1111 aLj\r(,t �> -;�- OWNER'S ADDRESS OWNER'S E-MAIL ADDR -2- CITY STATE ZIP PHONE NO. V--eos4�� (1'(D -?- L 0 8 1, 8 — 4. ARCHITECT/DESIGNER-S NAME LAST 'FIRST - LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECTIDESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. E] 5. ENGINEER'S NAME LAST FIRST TTATE �LICNO. ENGINEER'S ADDRESS E GINEERS E-MAIL ADDRESS CITY STATE- zip PHONE NO. E] 6. CONTRACTOR'S NAME T-�-�-s A BUSINESS LIC. STATE LIC. � r 1, -, 4-4s��� No.A— CONTRACTOR'S ADDRESS CONTRACTORSE-MAILADDRES9 STATE ZIP wt tN&2!L\ PHONE NO. cf -a((/ OFFICEUSEONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY - GROUP PLAN CHECK ENG. OrmM13109_aPplication UlZflU4 Si Ion VIVNIT� MAP 0 1/4 V2 3/4 REEM6;;-N� MILES i L 1 FROM THOMAS BROTHER'S MAP L 1. CURVE -DATA /,,0�45'35" I R= 1000,00' EXIST, TRESTLE j T= 50.31' +TOO, BE REMOVEO 1 EXIST. PLATFORM TRE 4- TL 51 (MAX) C�l ALL CLEARANCES OR DIMENSIONS NOTED AS "MIN" OR "MAX" MEET CITY OF NEWPORT BEACH 1:, r REQUIREMENTS. ALL OTHER DIMENSIONS NOTED ARE @ THE DISCRETION OF THE PROPERTY OWNER. 10'xl4' 00), (PLATFO m MAX �LJR Mhl� 10I I SITE FLAN PUMVZ- New floating dock and pier extension Daturn: MLLW - 0 Adj. Properly Owmm 1. Peter O'Brim, 2223 Suakle DP. Carm Dal Mar, Ck 92625 I Couffnentaj Pacific Hold, 2215 0 Cgsida Dr. Corona Del Mar, k 9262 3. Kathryn Wheeler, 401 Avocado Ave. C"m Del Mar� Ck 928M I PLAN VIEW 0 30 CIO T!T!fm�� FEET CynAs Tabaz 2209 ST)%ide Dr. Comno Del Mar. CA. 92625 Proposed now floating dock and pier extension IN: Newport Harbor A Corona Del Mar, Ck County of mt state: Ck kplication B)r Cym Tubaz Shad _L of _L Date: 9 FLOATING DOCK Wi Z Proposed new ficating dock and pier "bansion :Zi pier extension Catutm: MLLW - 0 Saa [a rEET cl: <1 cl, <1 Vertiral 0 1E, 30 IN: Nwpod Harbor W NEW PIER AT: Comia Dal Mor, CA, 2. Continental Pcdft WA 22115 BWA'e Dr. . . . ... . . ...... . .... W (L' Corona Dal Mar, Ck 92625 P(ER-END PLATFORM Appilloation Hr. Cym Tabaz 3. K*ryn Wheeler, 401 Avocudo Ave. C4=0 Q Mar, 1 92625 (10'x14'MAX.) Smat _L of 2 Dab: 112212 GANGWAY ELEV. +9.8' MLLW tj.2.0-- 9 ��4 0 , �W VA PUWOSF- Now floatIng dock vW ELEVATION Proposed new ficating dock and pier "bansion Horizontal 0 30 CIO pier extension Catutm: MLLW - 0 Saa [a rEET Mi. properly Ownem Vertiral 0 1E, 30 IN: Nwpod Harbor 1. P*r VBft, 2223 a DR. 1 ruar, CIL M25 Srale EE!!2!2&� rEET AT: Comia Dal Mor, CA, 2. Continental Pcdft WA 22115 BWA'e Dr. CYrus TObOx County of O.C. Statta, (A Corona Dal Mar, Ck 92625 2209 SCO40 Dr. Appilloation Hr. Cym Tabaz 3. K*ryn Wheeler, 401 Avocudo Ave. C4=0 Q Mar, 1 92625 CCorono Del Mar, Ck 92625 Smat _L of 2 Dab: 112212 1,pj Z EXIST. ;;;,Lc I e, o,�o EXIST- PLATFOW (iux 4, 04 SITE PLAN' ITI: 11,06J. 111. fill, 9m vICINITY MAP W W �14 MILES FRal TWOMAS BROTWER'S MAP HEY E FEB191998 Luj OWNER FIRE & MARINE DEPT. CITY OF NEWPORT BEACH (MIN) Somtb Coast 11)istrict 'L)ff/, 7 9 t No. Ljw� FECTIVF -27 to: to, KWOSE. Hm NahN dDCk arid PLAN VIEW Proposed now floating dock and pier cidensim 0 �10 60 pier extension Doh= MLLW - 0 T!!T!5imiiiiR FEET Adj, ftperty Owners: K- Nimpart Harbor I. Peter 013�, W=ck 92625 AT. cmm Del Mar, Ck 2. CmWwYW Pcdft Hold, 2215 BTf" Or. Cyrus Tabaz Courrly of O.C. Rate: Ck Comna Doi Ma, M 92W Z209 Bayside Dr. *Gwtim Br. Cyrus Tabaz 3. Kabryn Wheee&I,4=01 A"Ek' Ave' .2. Corona Del Mar, CA. 92625 Swat —L of -Z- Datr 9/22/97 Dd Mar� Ck CALIFORNIA COASTAL COMMISSIOI`-1 ALL CLEARANCES OR DIMENSIONS NOTED AS 'MIN" OR 'MAX" MEET CITY OF NEWPORT BEACH REQUIREMENTS. ALL OTHER DIMENSIONS NOTED ARE 0 THE DISCRETION OF THE PROPERTY OWNER FIRE & MARINE DEPT. CITY OF NEWPORT BEACH (MIN) Somtb Coast 11)istrict 'L)ff/, 7 9 t No. Ljw� FECTIVF -27 to: to, KWOSE. Hm NahN dDCk arid PLAN VIEW Proposed now floating dock and pier cidensim 0 �10 60 pier extension Doh= MLLW - 0 T!!T!5imiiiiR FEET Adj, ftperty Owners: K- Nimpart Harbor I. Peter 013�, W=ck 92625 AT. cmm Del Mar, Ck 2. CmWwYW Pcdft Hold, 2215 BTf" Or. Cyrus Tabaz Courrly of O.C. Rate: Ck Comna Doi Ma, M 92W Z209 Bayside Dr. *Gwtim Br. Cyrus Tabaz 3. Kabryn Wheee&I,4=01 A"Ek' Ave' .2. Corona Del Mar, CA. 92625 Swat —L of -Z- Datr 9/22/97 Dd Mar� Ck 40' W-0, VtW �LAWALL— C1 D! bV 41 v ,4 �bo b 0 I ,SlTr= FLA�4 PURPOSIE., New Seawall DoWm: MILLW = 0 Adj. Property Owners: 1. Peter O'Brien, 2223 Davolde OF. Corona gel Mar, Ck 92625 Z Conffnental Pockle Hold, 2216 Boyside Dr. Corona Del Mar, a 92628 3. Kathryn Mmel%,4011 Avocado Ave, no Del Mar, Ck 92626 &Elm SEcartion VICINITY MAP 0 1/4 1/2 3/4 MfLES FRO I HOMA8 BROTHER'B MAP CUR� DATA 05-45'35' I Doc. 0, J—i T= 50.31 L= 100,53' PLAN MEW Cyrus Tobaz 2209 Boyside Dr. Comno Del Mar, Ck 92626 Proposed New Seawall IN., Newport Harbor AT; Corona Del Mar, Ck County of O.C, Statel Ck Application By: Cyrus TGbaz Stied —L of -2- Dole: 9/22/9 <1 HE �w (VARIES) Z' 41-011 W � q FROM N -W PROPERTY CORNER ca 40- �SEE PLAN) W U -[1 7 71— R I! !I ii ii 11 11 1 SECTION A -A EL. +10.0' MLLW APPROX. 'n� ml I A STEEL OR GONG. SHEET FILE5. IF STEEL, SHEET F`ILES WILL 5E CATHOOICALLY FROTECTEC> LY/ SECTION 5-5 RE�NFORCEC) CONCRETE CAP CONCRETE ENCAeEC) CONCRETE DEADI'lAN HIGH-5TRENGTH &TEEL TIE-ROD5, FVr--ENCA5E[) 4 GROUTED PURPOSE., New Seawall ELEVATION Proposed new Seawall Horizontal 0 30 (00 Dothan; MLLN m 0 Scale FEET Adj. Property Ownere: Vertical 0 15 30 IN, Newport Harbor i, Peter O'Brien, MlIrMMoa DR, FEET I r, Ck 92626 5cale AT,* Corona Del Mar, Ck Z CmUnental Pacft Hold, 2215 Baffilde Dr, Cyrus Tobaz County of O.C' State: CA, Corona Del Mar, Ck 92626 2.209 Boyelde Dr. ApOloation B), Cym Tabaz 3, Kathryn Wheeler, 401 Avocado Ave. Corona Del Mar, CA 92626 Corona Del Mar, Ck 92628 Sheet -�L of -L Date: 9/22/9 I Z NEWPORT BEACH FIRE AND MARINE DEPARTMENT fuly 31, 1997 Mr. Cyrus Tabaz 13255 Mulholland Drive Los Angeles, CA 90210 Re: Harbor Permit 2209 Bayside Drive Dear Mr. Tabaz: In reviewing the most recent drawing submittal for which you were given approval in concept, I noticed that the U shaped structure bayward of the U.S. Bulkhead Line has been identified as proposed new pier. In the approximately five drawings in different configurations that preceded this drawing, it was identified as a dock. Although these terms are often used interchangeably, there is a technical distinction in that a pier is a fixed structure not affected by the tide and a dock is a floating structure which moves up and down on pilings affected by the tide. I point this out to you for two reasons. First, the drawing seems to suggest in some locations, particularly in the profile the structure bayward of the U.S. Bulkhead would move up and down on the pilings but not all the pilings are identified this way. Some seem to be level with the structure. In the proceeding five drawings it is identified as a dock, in the last drawing it is identified as a pier, although the drawing is identified as a dock revision. Second, my authority to grant approval in concept in this regard would be limited to that structure bayward of the U.S. Bulkhead Line being an actual floating dock. This limitation is based on the City standard, 608L which I have attached for your information, which shows the maximum size of the pier is 10 x 14 and that is the extent of my authority to approve structures out over the water. Hopefully, this is just a confusion in wording. If you need to discuss this with me further please contact me at 644-3041. Sincerely, Tony Mel m Deputy Chief Marine Environmental Division PBOPERTY SUBVEY c I 41 v 10 w Lli rA PROPERTY RODRESS - 2209 BAYSIDE DRIVE NEWPORT BEACH, CA- P I . 24668 EXPAg:31- 4�1 I CIIM- --4z� CURVE DATA: CURVE DELTA ANGLE RADIUS ARC TANGENT C 1 05*45'35' 1000.00' 100.53, 50.31* PREPARED BY , DUCA-MoCOY, INC. 3890 E- COAST HWY- CORONA DEL MAR, Ch� 92625 (714) 675-iffA7 PETF 21108 H6A R-C_F_ DATE RON - �,,E�[F— 4=JP0R7 HqRej:]R PH1011F 1,10. .5285 0 , , " , ., _; V 6q�el- UOCLIMefliaVof� t�uery Mnn-� Rm R2 ?age 1 of Coast Guard Vessel Documentation =CG Doc. No.: Narne: ARLk NE �ocNo �=�10�912�94 Vessel service: RECREATIONAL TjM0 Number 11 Hull Desip: C� 4� L L�ajjl Sign: Hull Material,11FRP Hull Number FNY75007CIVI Place Built:. AN -----Year Bujjlt- 1991 Sbipyard: A HW.A END T STRIAL CORP 64.3 h (ft.. : F= v�l Home Port] NEWPORT BEACH CA n nag e: 1 [�36 Owner: MANK N F ASTEXBlkO0K ��] TRUSTEE Net Tonnage: 33 ITrust Dtd 1/107 'Hull DepLb (ft,),l 6.2 2 2LO 0 =N r 00 and Ave Hull Breadth 18.4 FPtasa:dena !.a,_CA91103-3521 FD—ocumentation I ... IINo Vessel Naine Y. Documented lChanges Vessel Owner �Owner Raurn to Ze��Lel —i,,CG L2(?I�. V,,mb,,- Qvey . _E�W Go to Vessel hy Name Query EM id 1"st?vessel id in=109129 051111�,�00t MEMORADUM Newport Beach Fire and Marine Department Marine Environment Division Date: July 16,1997 To: File 105-2209 From: Deputy Chief Tony Melum Subject: Pier Revision by Cyrus Tabaz On July 16, 1997, Darryl Saunter, Orange County Sheriffs Harbor Patrol, Blake Novak, United States Coast Guard, and myself conducted a field inspection to review the above proposed dock revision, specifically as it relates to potential hazards to navigation. We located outselves in approximately the same position as the proposed dock. Both Darryl and Blake could see, based on the current configurations of the adjacent structures and the off shore moorings, no significant navigational problem, particularly in light of the fact that the docks northwest of the location were essentially the same distance bayward. They indicated concerns relative to the structure during a large south swell and I indicated that the City would require that the struture be properly engineered prior to construction. May 23,1997 Captain Dave Manri Orange County Sheriff's Harbor Patrol 1901 Bayside Drive Newport Beach, CA 92663 Re: Harbor Permit #105-2209 by Cyrus Tabaz for the property bayward of 2209 Bayside Drive. Dear Captain Mann: 0 �. Recently, we took a harbor patrol boat out to look at the proposed dock revision at 2209 Bayside Drive (see attached copy). As you may recall, we thought it would be inappropriate to allow it to be built where it was proposed because of a potential conflict with a transient buoy directly bayward of the property. The applicant has had a survey prepared, a copy is attached for your information, indicating the location of the buoy relative to the U.S. pierhead line and U.S. bulkhead line. It is the applicants contention that this buoy is located considerably shoreward of the location described in the U.S. Coast pilot #7 which delineates the mooring area with the following wording. "Anchorage C-3. A parallelogram -shaped area, 100 feet wide and 500 feet long, lying 100 feet bayward from and parallel to the existing pierhead line, and adjoining and on the south side of Temporary Anchorage C-2 described in paragraph (a) (2) of this section." The applicant is requesting that we contact you and discuss the possibility of relocating this buoy so that his dock as proposed could be built. He is also willing to bare the cost of t1 -ds relocation. Please review the above and let me know what you think. Thank you in advance for your cooperation. Sincerely, Tony Melum Deputy Chief Marine Environmental Division Attachment CONTRACTORS & ENGINEERS Custom Home Builders Lic. #:Bl -722193 April 3, 1997 Tony Melum Newport Beach Fire and Marine Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Dear Tony, Enclosed is the new Dock Plan for the Tabaz project at 2209 Bayside Dr. I can asure you that there will be no changes until we here back from you. Thank you for your patience. Yours Truly, George E. Brimmer 1906 Clay Avenue Newport Beach, CA 92663 (714) 722-0723 NEWPORT BEACH FIRE AND MARINE DEPARTMENT March 25,1997 Mr. George Brimmer Contractors and Engineers 1906 Clay Ave. Newport Beach, CA 92663 Re: Permit Application for Cyrus Tabaz at 2209-9911 Bayside Drive Dear Mr. Brimmer: This application has gone through several revisions. We began with the dock and bulkhead considered it as one application and then they were split and each one changed at least once. At this point I am not sure exactly how we are to proceed. Would you please contact my office and give us a new set of drawings for the application and instructions on how you wish to proceed relative to the dock and bulkhead. Thank your cooperation. Sincerely, Tony Melum Deputy Chief Marine Environmental Division FROM ; Contractors & Engineers PHONE NO. : 714 722 0723 Mar. 24 1397 11:11PIl P1 CONTRACTORS & ENGINEERS Custom Home Builders Lie. *1 722193 JUST THE FAX !'' TO- Tony Mel - um Newport Marine Department (714) 644-3041 FROM; GEORGE BRIMMER (714) 722-0723 DATE- March 24, 1997 FAX #. �714) 673-3056 FAX #t (714) 722-0723 JOB NAME* Tabaz Number of page5 including cover: 3 MESSAGE: Revision no. 3 of Cyrus Tabam Bulkhead Plan, 2209 Bayside Dr. By the instruction of Mr TabaZr I am responding to your letter of March 3, 1997 to Mr. T&baz. The letter indicated that the proposed Bulkhead violated Harbor Permit Policiez. I have re -drawn the bulkhead at 2209 Bayside Drive to conform to Rarbor Permit Policies, Section 16. X will deliver a copy of this fax to your office Tuesday. Mr. Tabaz asks if it is possible for correspondence regarding the Marine Permits could also be sent to my office.. Mr- Tabaz is often tied up with business and my not be able to respond for several weeks. I have his authorizatiom to act on all matters relating to his property at 2209 Bayside Dr. (included) and I Am able to respond immediately to most matters - 1906 Clay Avellue Newport Bed7h, CA 941663 (714) 722-0723 A � v I 30*AoO AM. 4 CITY V HOMV BE= oczaAl VICINITY MRF mWitr My, m2vwx Ll Iviritz4CAC, L4 L- - . 4 Yd 15,AYS)DE 12 z z I �I:Ew -,- NN �� 4FX�S7'- ± L" 10 Rlzolo?--C.rL�rW 00(;)< . HOPIZ. �" = loo * PROO I LF I ' = 40 " zzNm F,;E cow� im Far IR VXATICNS SASM CH t-V-� L.C�V LN L. LIJ �-WA&J 4triq r/piff 4m PLAN VeEW jFPPUC4fT'5 WK CYRUS 7--IGAZ 0 9 c CITY OF NEWPORT SERCH "ITT OF 1m; N -Nk AVZO,10�VS-Zp �wle_IwVC; RILPT dTX7%rAvS-1aA.1 arx)!rr. PAYR ex) cr. 201r"101�1 I palz. IrNt\\ I w0m)z. 100. in �il \ Uc�lwy Msp m I PFCO: I LE 1 40 MOM &w. qt-%vw sm gxpwc —m ,4 ly: ST jAp Clot At T'l I J ro /4, "eLL, 10,;bpose 'Ole MIAERM9.4p I-/A'4E rx�vr/�r� I *� 0104 �jca � �l 51 11 - i I I - I - - IFLAN,'ViEW- - I" --W- I YR 4/s rtja,4r. -too AZ�; cz;;-zzl/ iro4lrS*147L� 0/9. 1 CRTE 3 - te - li �-4 ----------- Z . .... FROM ; Contractors & Erigineers PHONE NO. ; 714 722 C172:5 Mat-, 18 13137 04:56PM P1 CONTRACTORS & ENGINEERS custox ffome Builders Lic. #: 722193 JUST THE FAX !!! TO: Tony Melum Newport Marine Department (714) 644-3041 FROM: GEORGE BRIMMEt FAX #: (714) 673-3056 .FAX Oi (714) 722-0723 JOB NAME, Tabaz DATE; March 18, 1997 Number of paqes including cover: 3 MESSAGE: Revision of Cyrug Tabaz D4>ck Plan, 2209 Bayside Dr. 1906 clay Avenue NeivpoTt Beach, CA 92663 (714) 722-0723 PROM : Contractors & Engineers March 18, 1997 PHONE NO. : 714 722 0723 Mar. 18 1997 04:5?P1 P2 CONTJUCTORS & ENGINEERS Custom Home BuildQrs Lic. *:BI -722193 TOny Melum City of Newport Beach - Marine Department P.O. Box 1768 Newport Beach, CA 92663-1768 Dear Tony, This is our 3rd revision to the dock proposal of Cyrus Tabaz. Mr. Tabaz has asked for the dock plan to reflect the same appearance of the original plan, with the exception that the floating dock to be built as a pier. Tn other words, to keep the original horse-shoe shape and dimensions with the structure to be a pier as opposed to a floating dock. Should you have any questions, or if any new fees apply, please call me. Yours truly, George E. Brimmer 1906 Clay Avenue N*Wport Beach, CA 92663 (714) 722-0723 FIRE AND MARINE DEPARTMENT MARINE DIVISION 70 Newport Pier 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: &;ea�e_ Property Address: Legal Description: City Harbor Permit Number: Z,0,5 --Z2 6 �7 Applicant: Applicant's Mailing Address: Z-,3 7, &7� k 2 Applicant's Telephone Number: 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 f ind They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or That a variance or exception has been approved and is f inal. PROPERTY SURVEY 4, 1 00. >?o IQ I PROPERTY AOORESS , 2208 BAYSIDE DRIVE NEWPORT BEACH, CA, 0, 4f Kp CURVE DATA: CURVE DELTA ANGLE RADIUS Afte TANGENT C 1 05'45'35' 1000.00- 100,Sa- "131, PREPARED �Y DUCA-MoCOY, INC. 3810 E. C08ST HWY. CORONA DEL MAR, CA� 8� Mo' 675-iiB DUCA R.C,E, , DATE ,_I-!J_� NEWPORT BEACH FIRE AND MARINE DEPARTMENT March 3,1997 Cyrus Tabaz 13255 Mullholland Drive Beverly Hills, CA 90210 Re: Harbor Permit Application #105-2209, to revise pier, float and bulkhead bayward of 2209 Bayside Drive Dear Mr. Tabaz: As of this date we have we have received two revised drawings regarding the above application. The first revision deals with the pier and float, the second deals with the bulkhead. The Marine Environmental Division of the Fire and Marine Department is authorized by the Harbor Permit Policies to issue pern-dts that conform to the standard harbor drawings and the adopted Harbor Permit Policies. In that regard we are unable to issue a permit for the bulkhead as currently proposed in that it violates Section 16 A third paragraph of the Harbor Pern-dt Policies, which states: 16. BULKHEADS U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227, 2231 and 2233 Bayside Drive: Staff recommendation for a bulkhead at these properties shall not exceed a point bayward of the average high tide line established at a point 40 feet landward of the face of the bulkhead at the property at 2137 Bayside Drive, and then on a stra ' ight line from that point to the bayward most point of the bulkhead at the property at 2301 Bayside Drive. As regards to the current pier revision, we are waiting now for a survey of your property indicating the exact location of the extended property lines, the U.S. bulkhead line, the U.S. pierhead line and the Federal mooring location bayward of your permit zone. Once we have received those documents, we will review the revised dock in relationship to those and make a determine at that time on how to proceed. If you have further questions or would like tc� discuss this with me, please contact me at 714-644-3043. Sincerely, ' /iA� 1,1"6z" To'n:yMe71m Deputy Chief Marine Environmental Division NEWPORT BEACH FIRE AND MARINE DEPARTMENT Timothy Riley Fire and Marine Chief February 24, 1997 George Brinmer 3300 Newport Blvd. Contractors and Engineers P.O. Box 1768 Newport Beach, CA 92658-8915 Re: 2209 Bayside, Cyrus Topaz Dear George: Tony Melum and I discussed the issue of the location of the County mooring f� bayward from 2209 Bayside, per the description r Anchorage C-3 in the Navigation Regulations. Tony will require a certified survey to document the location of that mooring in relation to the property lines, the bulhhead line, and the pierhead line, before a decision can be made on requesting the Orange County Harbor District to relocate the mooring. S ncer ; i ; ely Wes Armand Harbor Inspector fanuary 27,1997 Re: Pier and Float Revision Application for Cyrus Tabaz Property at 2209 Bayside Drive Dear Sirs: As required of Section 5-G of the Harbor Permit Policies, the Marine Environmental Division of the Fire and Marine Department is giving you written notice of an application submitted by the property owner at 2209 Bayside Drive to revise the pier and float bayward of that location. For your information a copy of the proposed revision is attached. If you have questions regarding this permit or wish to discuss it with me I can be reached at 644-3041. Sincerely, Tony Melurn Deputy Chief Marine Environmental Division Z Attached letter regarding Cyrus Tabaz's revised pier sent to the following: RP10421151, Norbert W. Clements RP10502011, Robert R, Sprague RP10521211, Manouchehr Moshayedi RP10521371, Kathryn L. Wheeler RP10522151, fofn-v-Furnish— RP10522231, Peter O'brien RP10522271, John and Susan Combs RP10522272, Zach Lindborg RP10522331, Ray and Brian Crystal RP10523011, Irving K. Burg RP10523191, Dirty Works Construction RP10523192, Garrider K. Grout RP10523193, Lois J. Bridges RP10523194, John A. Michler CITY OF NEWPORT BERCH C17 OF Nomr, ltrci my WIN Uc�,NITY Mpp PF& - I LE 1 lcftw 3w, aL7wMIl —S;rmzNm Piz M-� IN F=r Fko M*yon ELLVFMC14S ON �EFN L0 -a LN W0. 13AYS)DE DRIVE' a 194, f : Z09 00 A Lc #14A P rv& W. yl PLAN VIEW /00 JOB AOMSS Z 2 0? - 2 E 0.4 ?Z�10 4r ON. loffe /-Zf-?7 CITY OF NEWPORT BERCH CITT OF HEMPORT SUCH C7 VOT LFPER G*X774-7�VS10" ERr -N, S I 6,0977. MY ��Rcrpzc E I Ll Y—ICINITY MRF J�l ty VFr PFC# I LE 40' co UMINZ FTC DUPRE�JM FE�ETRM U�ENCTE P VQTrrvc sal z 3, EY IST Wrr Doc. it 3 "r 7-6 GA V6 L"q y IL 0 cwl CL F-1 .1 Q. Lu rl Pl;r�a —/Qo Alr=W e-�.r 4? m �PPLIQFMT'S WPE CYP41s JOR AnCRESS ZZ09_ZZ/1 1g,4 OL- C/L JUITE /-aS-9- ........ .... . -7i�-3-1 t -Sn �RTU 4, :EDWIN F IyWy 'TO' In 'Z�o WIN 4 RF10,q2QZ7l FLAT, RICHARD V B-QZ7 BAY51DE DR CORONA DEL MAN, CA !!EOZ5 RFlU4ZQ,ZTZ YA--S� RAYMOND E033 SAYSIUE DR CORONA DEL MJ", CA 926as RP10501012! SPRAGUE, ROBERT N - 101 BAYSIVE FL CORONA DEL MAR, CA RP1050TU31. DENHOLM, DAVID vp6as 103 SATSIDE PL CORONA DEL MAR, CA 926ES 9FICS010SI MCDONALO, J/M FAMILY TRST ZZE3 BAYSiUE 107 BAYSIVE PL CORONA DEL MAN, CA 92-525 PI 0.501052 N.pA E. BOB L I FL_ -A� . . . ..... �ee �':" , , " �� � , " 1. � - I I I I 1 -'.11111 11 GRQN� t'hp �';IMPM i T W,'TUN-, � �'� t � " ". ': " ' " '. NM' �� fi"R �RPI 050 1091 MARTIR AR RFl0TZeE--I A SAVENA"-10� ';'R P, i 31 .1. BELLARD1, BALBOA, CA 1A 4"" 7FIO-501132 FRANK, RICHARD 1, 919 LA LOMA RD PASADENA, CA J1105 RPIqS01133 DONANSK15, EDWARD J 111- 1/2 BAYSIDE PL CORONA DEL MAR� CA 92625 Receive ManoqeT Option Repart REGULAR PIERS �'Dy Permit numbeT, Nome Dots Fogs ------------------------ -------------------------------------------- �-Rp I u � � Popp,- �� - EETS BAT51DE DR CORONA DEL MAR, CA vp6as �F-252��?31 �0-491�EN.FET--�.R F 0 BOX Ivo ZZE3 BAYSiUE DR NEWPORT BEACH, CA YE660 DR Rl--HAEL ZZEE CHANNEL RD SALBOA� CA jz65j RFl0TZeE--I ANDEKSQN� W,:-LrAM- H Z --?S CHANNEL RD BALBOA, CA 1 071-U41 L W TIT 4, 1, i4"'*w T, 7,; pFic�-ZT23� THON5UN, FRED 5 F 0 BOX Ivo CGLTON� CA 9232!4 RFlCTZ2:FL'l MILLIKAN, DR Rl--HAEL ZZEE CHANNEL RD SALBOA� CA jz65j RFl0TZeE--I ANDEKSQN� W,:-LrAM- H Z --?S CHANNEL RD BALBOA, CA 1 071-U41 L W TIT 4, 1, i4"'*w FROM : ContractorS & Engineers PHONE NO. : 714 722 0723 Mar. 24 1997 11:12PM P3 rAx. 3,1996 I Vo Wham It May Conrera Th�s is to autbomze Cmtvamtm�R ary) Ent).inears to act on the behalt on w�y and all mattats relating to t�he prapexty loqated at 2209 BaYsIdle Dr, Please do not hesitate to contact the underrigried shouba any ft�rther c,2'arification Le required I Tqtm�' yot, in advw=-. for your mt-Ittipated cow.-exation and ar'sistance. v2209 Rayside 1;)r, lan� 1325�MuhbollakndDr., BtmlyHRIs, CA91r.10 Fhom�(�16)906-2333 FaY'kS;18)906-2334 HARBOR PERMIT APPLICATION City of NeLyport Beach Fire &–Ma2zine De:#,v.rt-fie:-#.t Please Print: (Front & Back) FA �-� A 5-.L5"� �(, LA, C31F) 906 i-Ltz- /0 i�: - g -;a 3. New Construction — Revisi0n----4 Maintenance Dredging 4. Fee Check No.— Da7t—e S . Brief Description of Proposed Work: 9 PL 4 C -r- bC-(:- /V 6. Submit Drawings(3) Include: I -Location and dimension of proposed structure 2. Location of bulkhead 3. Location of property lines and lot size 4. Location of channel markers within 200 feet of proposed proiect 5. ExistinV ground profile, and area and profile of any dredginV with elevations showing depth relative to MLLLW 6. Elevations Of top and bottom of piles and bulkheads with respect to MLLW 7. Any special conditions affecting the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance Information 7. Applicant I s/Agent I s Signature —Date It 8. Work can begin once the City has received evidence of the following additional approvals and vx= have been notified to ymceed: 07= USE ONLY V'� zi��1�1 i Approval of the City's Building Department. Date -7 County of Orange. Date Issued. (Permit is stamped drawing) Date Site Inspection.( -c.411 644-3043for amointment) Date Site Re -Inspection. Date n Concept. Date Approval of the City Of Newport Beach Council. Date Approval of the Army corps of Engineers. Date Approval of the California Coastal Commission. Date Y" Approval of the City's Public Works Department. Date Approval of the City's Building Department. Date -7 County of Orange. Date Issued. (Permit is stamped drawing) Date Site Inspection.( -c.411 644-3043for amointment) Date Site Re -Inspection. Date Conditions: OWIME-BUILDER D-E—CMAPATI I hereby affirm that I am exempt from the.contractorls�license ing reasons: `a�a ; law for'the follow'- (Sec.7031d 5 Business Professions Code) Any City or County which requires a permit to construct, alter, in -prove, demolish, or repair any structure prior to its'issivahce, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the allegedexemption.. Any violation of section 7031.5 by any applicant for a perndt 'subj edts the. applicant;, to, a, civil pernalty for not more than -five hundred dollars ($Soo). as owner of the property, or my employees with wages as tTFe—lr sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or thrcuqh his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the prupose for sale.) as owner,of the property, am exclusively contracting with licensed contfact6rs,to c6n6Erdct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects with a Contractorl(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professions Code for this reason: Owner Signature Date Contractor Telephone Address License Class State Board No. City License No. LICENSED CONTRACTOR'S DECiARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and my license is in full force and effect. Contractor Signature Date MOM 1 C�tract�s & Engineers PHCM �C. : 714 722 0723 NL,,. 20 11396 28;2-dPM P! Y conditiona: I CHM .==_DR1CTM=QN T hereby affirm that I am exempt fran the.qontractor's license law for the following reasons- (9e, -'7031A_5,' Susiness'and Professions Code) Any City or County which requires R permit to construct, alteri improve, demolish, or reRair anY structure, prior to its issuance. also requires the an I plicant for such pezmit to file a signed statement that he rs licensecd pursuant to the provision of the Contractorm License Law (Chapter 9. crwuencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exmpt therefrom and the basis for the alleged wwrpt_on. Arly violation of Section 7031-5 by any applicant for a permat subjects the applicant to a civil YernaltY for not more than five hundred dollars ($500). 1, as owner of the eo�.7 employees with wages as r eM r ETe'jr sole compensation, wi7do ' and the structure is not intended or offered for sale (Sec. 7044, Business: and professiono Code: 7he Contractor's License raw does not apply to an owner of.pr erty who builds or improves thereon, and who does O�f or throuc Own emp oyse such work himse jh I -as 1 s provided that ouch improvements are nor intended or affered ior sale. If, -ne year of however, the building or improvement is Bold within c coapletion, the owner -builder will have the burden Of Prcv;Lng that he did not build or improve for the pzupose for sale.) - / 1, as owner of the property , am exclusively contracting W16-Ticensed contractors to construct the project (Sec. 7044, susiness and Professions Code: The Contractor's License Law does; not a=ly to an owner of property who builds or imprcves then -on, and ;a (,.OntraLcta for such projects with a contractc='(s) License pursuant to the Contzactor Is Lice-nse Law) . �T am exempt under sec. Tr-o-Te—ssions Code for this rea6Fn_-. C=t=ctor _(5:;r00e6-,0C of BusiriesB and Date Telsphone C-7eq) 7Z -7 -- Address "12Ae 64,4 V f+Ve IVIc-o-eoAr- CA '?Z-0�'63 _/3 LicMwe ciass 6 1 State j�O&rd N0.7Z7 I q3 City License NO - 96 0'0 0!5 1410ENSMcm4TRAmm, a macap-mcu I hereby affirm that I am licensed. under, provisions Of Chapter 9 p Division 3 of the Busine8s and (rCMTf,encing.. With Secr-ion 7000) 0. Profeassions; Code, and Try license s -in I force and ef 1! 7 ct. Contractor S;LgnatL=e I Date it CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 September 9, 1996 Mr. Cyrus Tabaz 13255 Mulholland Dr. Beverly Hills, Ca. 90210 Re: Harbor Permit Dear Mr. Topaz: The city of Newport Beach Marine Division continues to receive complaints regarding the vessel and hydrohoist beached at your property on Bayside Drive. The correspondence sent to you from Deputy Chief Tony Melum on June 11, 1996, indicated the City could provide you some time to arrange to have the above mentioned debris removed from beach, but that time frame has elapsed and now we are requesting you to comply with Section 4.1. or the City Harbor Permit polices. 4.1. "The Permittee shall maintain the area delineated on the harbor permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor from recreational and/ or commercial use of the tidelands. Failure to comply with. the provisions or this section shall be cause, after written notice has been given to the Permittee by the City, for the revocation of the permit ........ Please cal 1 714-644-3044 if you have any questions in regards to this matter. Sin�erely, wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach June 11, 1996 Mr. Cyrus Tabaz 13255 Mulholland Dr. Beverly Hills, CA 90210 Re: Letter dated May 31, 1996 Dear Mr. Tabaz: Thank, you for responding to my correspondence regarding the hydrohoist and vessel at your property on Bay Side Drive. We will be glad to work with you during the time it takes you to reconstruct your dock and locate the owner of the vessel on your property. My suggestion would be that the hydrohoist and the vessel be pulled up out of the inner tidal zone, well onto your property and off beach.* This should eliminate the number of complaints we receive regarding the vessels. If I could be of further assistance or if you have questions, please give me a call at 714-644-3044. Sincerely, Tony Melum Deputy Chief Marine Division TM/la CYRUS TABAZ 13255 Mulholland Dr. Beverly Hills, Ca 90210 Phone # (310) 273-1166 1 (818) 906-1212 Fax # (818) 906-2334 May 31, 1996 Attention : Mr. Tony Melun Deputy Chief Marine Environment City Of Newport Beach P.O.Box 1768 Newport Beach, Ca 92658 Dear Mr,.,Melum : Thank you for the opportunity to speak with you a few days ago concerning your letter dated May 10, 1996. Pursuant to your request following I wish to explain the circumstances regarding the matters refered to in your above reference letter. First, as you are well aware my entire dock was washed away during the last storm and that we are currently in the process of applying for a new permit to rebuild. In the interim period I wish to kindly request that you will not object to having my hydro hoist in front of my property until which time I have completed the con- struction of the new dock. As to the vessel you have made reference in your letter, as I indicated to you during our telephone conversation, the vessel does not belong to me and I am currently in the process of locating the owner through the department of Motor Vehicle. In the interim as I indicated to you I have no onjection in remo- ving the vessel to another location . I sincerely hope that the above explanation is to your satisfaction. I wish to take this opportunity to thank you once again for the courtesy you extended to me during our telephone conversation, and further wish to assure you that I will do all posible to meet with your requirements. Sincerely, May 18, 1995 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Cyrus Tabaz 2209 Bayside Drive Corona del Mar, Ca 92625 Regarding Pier Permit 105-2209 Dear Mr. Tobaz: It has come to the attention of this department that you have not conpleted the process for transferring the permit for the pier bayward of the property at 2209 Bayside Drive. A letter from this department was sent to Newport Center Escrow on Decen-ber 9, 1994, indicating the corrections needed to be done so the pier could meet City standards (attached) and requesting you to notify the Marine Department when the work had been done. I assume you received a copy of this letter. Since this permit has not transferred to you the previous owner is still receiving the annual pier permit fee. This bill is delinquent and incurring penalties. If you need to discuss this matter further, please contact this office by calling 714-644-3044. Sincerel rl�' Wes Armand Harbor Inspectc 3300 Newport Boulevard, Newport Beach May 10, 1996 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mr. Richard Hewitt 6707 Thornwood Street San Diego, CA 98270 Re: 12 Foot Glastron, CF1261GB Dear Mr. Hewitt: /0> - Z' z e, '� The City of Newport Beach has received a complaint regarding the above vessel. Specially that the complaint is that the vessel is being stored on the. shoreline of Newport Beach h -i violation of Section 17.32.030 of the Newport Beach Municipal Code. To preclude further action by the Marine Department, it will be necessary that this boat be immediately relocated. If you need additional information or wish to discuss the matter, I can be reached at 714-644-3044. Sincerely, Tony Melum Deputy Chief Marine Environment TM/la -OZ//115P el ;'wl/ 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH CITY OF NEWPORT BERCH "'RCIF-IC OCERN VICINITY MRP � �, UUF�n E- x / S7-1 IF — r BRY I c� L-:-Xr-C-M5'10A1 lb - 4?07--rO Doche WEST WOR)Z' I" = loo' JETTY PFOILE V = 40' ERST 3EM SO(MINGS FIRE EXPRESSED IN FEET AND DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WATER. Po 6:1,;l 3 41 WIDLZ" C- X I YISTIAlla r /00, -R.0FMlx'T'y Lj"r_ L7A—IC- PLAN VIEW lw = 40' JRPPLICANT'S NAME CYPLIS rAHAZ JOB ADDRESS Z-009-2ZI/ 0/,-. 1 DAM 9-s- Re: Dear Sir: CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 The City of Newport Beach has received an application for a Harbor Permit pursuant to Chapter 17 of the Newport Beach Municipal Codes, Construction can begin once the City has received evidence of the following additional approvals and you have been notified to proceed: 9/� 1. Approval and Concept /0 -/j.4 -,015r 2. Approval of the City of Newport Beach City Council Cl -;7- -7 - 3. Approval of the Army Corps of Engineers 4. Approval of the California Coastal Commission 5. Approval of the City's Public Works Department n 6. Approval of the City's Building Department 7. county of Orange 8. Date Issued Your permit will be final once we have conducted an on site inspection during construction. Please have your contractor contact me to schedule the necessary inspection. A copy of your stamped permit drawing must be on site during construction. P 1. Site inspection If you have any questions regarding the above permit, please contact me at (714) 644-3044. Sinc Harbor Inspector 3300 Newport Boulevard, Newport Beach NAME ADDRESS OF PROPOSED FACILITY PERMIT A (y 2- pqyx 7 '. % dc- 7 MAILING ADDRESS TELEPHONE �10 K NO. DATE ODI�o LIA1011- 17 d.;'4wc APPROVED BY: DATE APPLICATION IS HERSEY MADE FOS A HARBOR PERMIT TO CONSTRQCT�REVISE 44- AT THE ABOVE LOCATION IN ACCORDANCE WITH THE C17Y OF ENDS NEWPORT BEACH PERMIT POLICIES �NO THE ATTACHED DRAWING By COUNCIL 7 COMPANY PUBLIO WORKS DATED DEPT. 4 E GO DATE W W I INSFE #Tl" k.;z SIGNATURE SPECIAL CONDITIONS; 8pilloVe goet f Of k 90 bre, CC Tqd��+ t-qcz"'3 V;2r -9 �tcwzj!,v� CITY OF NEWPORT BEACH, CALIF. WX FORM 68 1010 CITY OF NEWPORT BEACH September 29, 1995 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 John Furnish 2215 Bayside Drive Corona del Mar, CA 92625 Re: Permit Application for the property bayward of 2209 and 2211 Bayside Drive Dear Mr. Furnish: At the meeting on October 9, 1995, the City Council will consider an application by Cyrus Tabaz to revise the float bayward of the above address. A copy of the proposed revision is attached for your information. If you have any questions regarding this application, or would like further information, please contact me at (714) 644-3044. Sincerely, Tony Melum Deputy Chief 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH Marine Department September 27, 1995 TO: MAYOR AND CITY COUNCIL FROM: Fire - Marine Department SUBJECT: HARBOR PERMIT APPLICATION 105-2209 BY CYRUS TABAZ TO REVISE THE RESIDENTIAL FLOAT BAYWARD OF 2209 AND 2211 BAYSIDE DRIVE Recommend If desired, approve the above application subject to the following conditions: 1. Approval of the Army Corps of Engineers. 2. Approval of the California Coastal Commission. 3. Approval of the Plans and Specifications by the City's Public Works Department. 4. That any vessel berthed on the southeasterly side of the float have a beam no larger then 10 feet. Discussion: This application is before the City Council as required by Section 23-T of the Harbor Permit Policies, which states: 23-T, 1 J.S. Bulkligad Sta. No. 104 to No. 106, Piers shall be subject to special permits approved by the City Council." The applicant proposes construction of a U-shaped float as depicted on the attached diagram. It is necessary for the float to be oriented towards the harbor entrance to make it more compatible with swells that enter the harbor entrance at this particular location. As a result, the southeasterly finger of the dock comes within 10 feet of the adjacent property line. The applicant proposes to be able to use this side of the float, and the condition proposed in No. 4 above should allow him access to this side of the float, but not encroach into his neighbors permit zone upon entering or leaving the side tic. The proposed float and its location meets the City's Harbor Permit Policies and Standard Drawings. Tim Riley, Fire Chief Fire - Marine Department fflhl�l I MH ��M CITY OF NEWPORT BERCH ERY "RCIrl C OCE'RIV JT 1-56 It'r I -J� 7. WM7 "� I PROF ILE VICINITY MAP JETTY I EFST 1 10 =100, MFM MY, GLIF(Rall SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE EI-EVATIONS BASED ON MEAN LOHM LOW WATER. ev- �)oa+ 73x� 40 M 6 OeQ 3teel plir- Ile 41 t�k "i > c- ic. To pr.MAIIJ PLAN VIEW V 140' RPPLICANT'5 NRME (�y rt),s TA 6A -.Z JOB ADDRESS Z07 - ).Z/ 60',)SI 9-IMTE7-/- NAME I � , '� , I -�' A DORESS OF PROFOSEO FACILITY PERMIT CHECK �0 DATE MAILING ADDRESS TELEPHONE NO APPROVED By DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO I "I CONSTRV4T'Rt�� ' 1 BE A QCHb'- V ['Z AT THE ABOVE LOCATION IN ACOOSDANCE WITH THE CITY OF ENOR NEWPORT BEACH PERMIT POLICIES AND THE ATTAGHEO DRAWING BY COMPANY COUNCIL DATED PUBLIC WORKS DATE ' SCEI SIGNATURE SPECIAL CONDITIONS CITY OF NEWPORT BEACH, CALIF wx FORM W10io "ME ADDRESS OF PROPOSED FACILITY 2Z(f If PERMIT TELEPHONE . 7-73 -5-ST-0 c K NO. A/ DATE PLICATION IS HEREBY MADE POR A HARBOR PERMIT TO APPROVED BY: AT THE ABOVE LOCATION IN ACCORDANCE WIN THE CITY 01 EVICT NEYPO FIT BEACH PERMIT POLICIES %%NO THE ATTACHED DRAWING A COMPANY By COUNCIL PUBLIC WORKS DATED -7 DEPT DATE E ow ICE y J SIGNATURE 0. 7 S"X le- o 7 -Z fro 1� 57317-> 3 -3 7 L% SPECIAL CONDITIONS: Re-emove f74,)af- t- cv-,3,voty Rc?l-,e4nc-. -ffb�+ +�cze'p-zy Yj 2-9 CITY OF NEWPORT BEACH, CALIF, C, - fvZL4 9 uIde 10i Ve WX FORM 68.1010 City of Newport Beach Attn: Wes Armand 3300 Newport Blvd. Newport Beach, CA 92663 Re: Harbor Permit No. 0105-22090-1 NCE NEWPORT CENTER ESCROW, INC. Date: December 15, 1994 Escrow No. 3230-J We enclose the following documents and or papers in connection with your above permit no.: Transfer form signed by all parties. Please hold until work has been completed as per your letter of December 6, 1994. sincerely Yours, Newpor Center Escrow, Inc. Jan Reagan Escrow Manager, C EO, 2430 WIESTCOASTHIGHWAY - NEWPORTBEACH, CA 92663 - (714) 631-5863 - FAX (714) 632-7466 BUYERS' NAME(S) C- / /.Z,/ S ADDRESS OF FACILITY: PERMIT 'HOME NO. FEE CHECK No. DATE ATION IS HEREBY MA�- I� ��-FUYERS` NAME(S) I,- A I (ABOVE NAMES TO BE TYPED) SIGNATM 6j7jj LM/ SIGNATURE OF BUYER 1111ATUFIE OF SELLER SIGNATURE OF BUYER — — — JOINT OWN SIGNATURE OF JOINT OWNE I "�TnT4 V D �ATInN APPRO r.) t11TEI BY THE CITY OF NEWPORT BEACH. CALIF. T, -kCORDANCE wjTm TITLE DITACH AND RETA N THIS $TATWENI NEWPORT CENTER ESCROW, INC. FNOTCORR�IUAgWV"US�Ry ��F`M�RM ESCROW TRUST ACCOUNT 605-2 Escrow No.: 3230-J Funds due you 12/09/94 Reference: 2209 & 2211 Bayside Drive Corona del Mar, CA 92625 Seller: Steven Hillyard Buyer: Cyrus Tabaz Application fee for Dock Transfer WX FORM 46-1013 RZ�- 24910 300.00 11� OCHO El� ENG 11� COUNCIL PUBLIC WORKS DEPT. ESCROW INSPECTION SPECIAL CONDITIONS: THIS PERMIT 11 THE MUNICIPAL CODE. ADDRESS OF FACILITY: PERMIT 'HOME NO. FEE CHECK No. DATE ATION IS HEREBY MA�- I� ��-FUYERS` NAME(S) I,- A I (ABOVE NAMES TO BE TYPED) SIGNATM 6j7jj LM/ SIGNATURE OF BUYER 1111ATUFIE OF SELLER SIGNATURE OF BUYER — — — JOINT OWN SIGNATURE OF JOINT OWNE I "�TnT4 V D �ATInN APPRO r.) t11TEI BY THE CITY OF NEWPORT BEACH. CALIF. T, -kCORDANCE wjTm TITLE DITACH AND RETA N THIS $TATWENI NEWPORT CENTER ESCROW, INC. FNOTCORR�IUAgWV"US�Ry ��F`M�RM ESCROW TRUST ACCOUNT 605-2 Escrow No.: 3230-J Funds due you 12/09/94 Reference: 2209 & 2211 Bayside Drive Corona del Mar, CA 92625 Seller: Steven Hillyard Buyer: Cyrus Tabaz Application fee for Dock Transfer WX FORM 46-1013 RZ�- 24910 300.00 NEWPORT CENTER ESCROW, INC. TRUSTACCOUNT 2430 WEST COAST HIGHWAY (714) 631-5863 NEWPORT BEACH, CA 92663 SLnwest Bank Rft AIRPORT OFFICE A770 CErnl;.. CHIPS Newport Dench. Califernla 92660 ESCROW NO, DATE December 9, 1994 3230-J PAY Ttrree Hundred Dollars and N01100 ----------- TO THE ORDER OF City of Newport Beach Marine Dept. 3300 Newport Blvd. Newport Beach, CA 92663 24910 90-2800/1222 AMOUNT ------------- $**********300.00 ESCROW TRUST ACCOUNT 605-2 00 249 10,11 A: 12 2 2 21300 31:1110 20 LO 340 1 2v NEWPORT CENTER ESCROW, INC. THE ATACHED CHECK IS IN �NT Of P00 DETACH AND RETAIN THIS STATEMENT S DESCRIED PROW 11 NOR PORREOT PEASE NOEY US PAGWITY. NO RECEIPT RESIISE. ESCROW TRUST ACCOUNT 605-2 Escrow No.: 3230-J Funds due you 12/09/94 Reference: 2209 & 2211 Bayside Drive Corona del Mar, CA 92625 Seller: Steven Hillyard Buyer: Cyrus Tabaz Application fee for Dock Transfer 24910 $ 300.0( PO 19 0 CITY OF NEWPORT BEACH -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 9, 1994 Newport Center Escrow 2430 West Coast Highway Newport Beach, Ca. 92663 Re: Harbor Permit 0105-22090-1 for 2209 Bayside Dr., Newport Beach. Escrow # 3230-J Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 0105-2209-1 for the property located at 2209 Bayside Dr., Newport Beach. The facility was inspected on December 9, 1994. We cannot transfer the pier permit until the following deficiency has/have been corrected and wE HAVE BEEN NOTIFIED OF THE CORRECTION: 1. A City-�pprcved anti -syphon device is reguired at the water connection for the water supply to the pier and float. A sketch showing the approved type of device and its installation is enclosed. 2. The electrical receptacles must be GFI or twist lock to be used in a water environment. One receptacle needs to be replaced. 3. The decking on the pier and dock has deteriorated and some portions must be replaced. 4. The rar _T from the pier to the dock (float) is missing. S. The piling hangers are missing. 6. Some of the pontoons have deteriorated and should be replaced. 7. some portions of the railing is missing. A permit for plumbing or electrical work may be obtained from the Building Department of the City. PLF.3SE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE CORRECIED. Please call 644-3044 to request a re -inspection W s Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach Ll RECORDING RVOUEMD BY RMWIm REOuESTED BY C0NTKW AL LAWER5 IfFiLt OD. AN! Whii. Recedal M01 Tl�la Dmill krd. Uptess 00mi Sh� 11,1m, M.11 Time Saitmiii To: NAMB F- M. 6 W14. stmn Hillyard =11 C/o Tavarml 4 H111yard 4675 Maw Arthur Court, 0900 V. I. I NeWPOrt BeaChr CA 92660 ui. oy,ts N, 7ag2cm J - DOC # 9"" 0248040 i5-AP'R-1993 12:51114 PM i2cortictl in Dtflual Nods ef Ortrar Ccxritp, Ulifornaa Lte A. Brauh, Cwb Re4order p3ge I of i F"t, 11 25.00 lw S 514.80 SPACE ABOVE rHIS UNE FOR RECORDER'S USE �01.rrzo 14 M" VALUE 11�1� clu)�YRD. ISE 09 COW� 1) ON FVLL VALtio 111M LIMS AWiD INCUMD"� 11" "ji)IM"ItKa .7 "wo or AALIL -7LY- Sl�.I Qe� o.. . A� ih� N. FOR A VALUABLE CONSIDERATION, tweipt of which If heir" da �-Icftcd, C.11, BUDMET and SYLVIA BMUM, huW3=d and wi:e hcrtby ORANT(S) , Bmw V. H=.YAM and Nowni u. Hu'Lum, Q�- nowtcuo' KUYard Vistally Tniat 4" April L2, 191M, the follwAng desenbcd real property In thg GoroM del Mr arw of IL-Aport Ueach countv of i)rame . �tc of Calffor Ila; Parcel 2, as shoiirt on a mp Mod in Bwk 47, Stw 32 of Parcel Maps in the office of the County Recog:der of Orartgr 0ounty, California. Fr77— J. 4�09 t. a2i c�t ipreneral and special cotinty rA ; which are a lien not yet pay 2. the liw of supplerrental tax �, if any, aSD�2WA PZM2AM to the provisio Chapter 3.5 (CoulrElWirref with SectiOn 75) Of the Revemte And T�tLion Cod the StAt� of CauforntA. 3. ooverwits, conditions, rights, rights of way eankmrita or re�—d. Dared APMil-R�W,3 txkn2w�-- - -- C.L. bxnett OTATE OF CAUPOMiA, e— CI"TYOF OxAnqe- S.5, lkt- 9viv on �'Sylv; Diunatt r----- e.b. 9m.batt: Mae Sylvia BiZr�— "W, ';-FZwi; rag on IN belie of nuftewry widerraeI to w � 1141�11 � 'ienelei Iwe inmearwo to umi '"ruft irsIirri" a,v iclinowmiel2ixi to no, VW "wiliathuy #xKUw " sairme M nivneriuval aid"ind eneft vqnww&(s,j w me �,nem the pomwile). w Vltoewy ~ �Nvi of wh�b " v�r4oi actee, executed the i,�, WITNIESS M461 -W, M F 0 HUNT,' -,MAN COMM. $960502 Notary public - ralliermle 14- 011"Ge 000TY L�'Iw "Iesig, E* Her- 15 1911 ,bw, W allklil 901"1 ") MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLIOWIP40 LINE: it, NO PO 11� W �. MAIL " UIPIM 4 15V Anuv= --N—wc ---- Sirwt !Sy' a State Forni No� 2M (1241) WOZE :OT t7G, CT 03G J: TO 677�3056 P. 0.1. 1�VIDAPTWNTOP. THE AR-�A� 4- k kp�:: ' j... 2, iF to Your requezit qf Novei)iber 16, 1992 (93- 192 --;H) Under rhe prrjvi-,;ijnt� of Section 10 of the Rivers and Narbors Act of March 3, 1899 (33 U.S.C. 403) , you are hereby t2l: authorized to modify an existinq residential boat dock in NewpRF-t Corond Del Mar, Orange County, California, as showii on the �ruloszed drawings and subject to the encl,:,sed -Lj� 'tie (-W-Iler Or atlimll-)1-1-7ed re�zPonsivle oftiQial must sign and -All CnpiPs of thi::; Lettf�.- of Peniission (LOF) inulicating that he/she agrees to the work as described and to comply with. all conditions. One of the signed copies of this Ietter of Permission must he returned to the Corps of Engineers (a preaddressed envelope is enclosad for your convenience). Notice of the commQncement of the activi.ty must reach this office. at least. '10 days betore. the activity actuaily starts. Floas�,, use the enclo-sqa carci. John A. GLII Chief, Reaulatory Brarch 4�1 (DAT01 IF 4� IC T SL I P DG( �<,'P I ER BLD. TID 6-33056 W1 FFOM SWIF OEPARTMENT OF THE ARMY LOS OF LNGiNEERS P.0 box 2?11 1 - ' 109 AN ULLS.CWFO4MLA ��2= April 2, 1993 P. 02 of the Chief ry Branch Slip Doc;k and Pier Builders Street Beach, California 92663 -�ferenQe is mdde to ycur of November 16, 1992 (9 Under the provisior t�ztion 10 of the Rivers andi" Act of MarQh 3, 1899 -.S�C, 403), you are Ilereby zed to modi an existir; residential boat dock ill NeWP2Ft 6 —1-1 Del Mar, Orange County, '-'W, sh-wn on t-.�? drawings and subject to the Ur authorizeu (if tbts Lett(-: �-ies to the woj: . One of the -t be returned :'Welope is e, �rinent of the before the ai -a rd. i:,Ie official must sign art,,, (LOP) indicating -�2 o--,rrLbed and to comply with� :--ptes of this Letter of corpm of Engineers (a "�or your convenience). Noti�;t muvt reach this office atZ .rually starts. Please usAI � c'e IV, Gill -y Branch Regulator -17 (DAIT �j 1�0 , -� Toot � � WAR YKIDAMP; 67:!,..�056 P. 02 rw M"M ,��,g �.wm . d Soo that Waive r AM WIS fepurteo &D 140A.M.)MA became ef Fact! ve as of that MO. Any aesiation from the spplinallan .&0 PlPns on HIP In thr.- MOM% 0111M MaY MUM d Evs,41 QW&OPMCM permit far the pnmr�,,, P;rjvd, Sam you nave any questions. !11 our eivice, Tit VQ: VN 0080" AV/0"( '�01` CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION .SOUTH COAST AREA W. BROADWAY, STE ' 380 P.O. BOX 7450 KNIG BEACH, CA 90802-4476 (310) 590-5071 APR 7 1993 Date: -3-23--93 CALIFORNIA Waiver COASTAL COMMISSION SOUTH COAST DISTRICT NOTICE OF PERMIT WAIVER EFFECTIVENESS Applicant:. C.L. Burnett PETE WILSON, C�mmor Please be advised that Waiver # --- ��-93-043 , which was reported to the Commission on March 18, 1993 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 H. LIOUGLAS Executive Director B y : LA -1 � . �11 Title: Staff Analyst Eb: 4/88 8083E MV/lm STATv.,OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gomm, CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P,O, BOX 1450 0 LONG BEACH, CA 9002-4416 (310) 5M5071 Date: February 26, 1993 TO: Swift Slip 500 30th Street 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��,,nforniation provided in you'r 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 i; obtained or any discrepancy i -s resolved in writing. WAIVER #�_5-93-Q43 APPLICANT:—C.L. Burnett LOCATION: 2211 Bayside Drive, Corona del Mar, (Newport Beach), Orange County. PROPOSED DEVELOPMENT: Construction of a new s.ingle finger boat slip - I consisting of a 4 foot by 135 foot pier, a 10 by 14 foot platform, a 3 by 22 foot gangway, and a 10 by 50 foot float. The proposed dock is consistent with other docks in the area and will be within the pierhead line. RATIONALE: The proposed development will have no adverse impacts on coastal access or resources, is consistent with the City's certified Land Use Plan, and with the Chapter Three Policies of.the Coastal Act, This waiver will not become effective until reported to the Commission at their March 16-19 1993 , --- -, 4 .. , 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 th�e Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required, CHARLE by: S DAMM South Coast District Director cc: COMmissioners/File 7863E Cl ne aor Nzwoof filw xy PAW.-- i. 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