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HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace floating dock and ganciwav, like for like. Remove and replace 3-12"pile. No dimensional chanaes. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. (Property Address: 204 S. Bay Front Legal Description: Harbor Permit Number: 258-204 Plan Check Number: 2257-2010 Applicant: Bob Kupper Applicant's Mailing Address: 204 S Bay Front, Balboa Island, CA 92662 Phone Number: 949-631-3121 have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find A They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: • 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 to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach.. See attached Special Conditions. Lisa Walters, Harbor Resou March 29, 2011 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Worksheet for Building Combo Permit Application Please print 3 copies City of Newport Beach - Building Department HA R F - BOR RESOURCES 7. uilding , Grading "Drainage F-. Elec F 1. Project Address (Not mailing address) Tenant Narne(if Applicable) ..... .......... ..... .. .... .... .... . ..... .... ite F I #Units (if Residential) F77 P/�r2o -'J-7 oqd- o{inalo Cow Wofrr,._�•yot.4wac Cfioq o�I✓a�y�r-f �O�r . � �-'>� ee- � •�- xr7n9f of ti4a Q�ofrox,wao�� �� vra ''`�-,. •.-� � ` ����\� aa�ablisl��rd ar his;= s /' . � /�j� ref ' � r • ' " :���"„ ` ... ..... .>a � -'J-7 oqd- o{inalo Cow Wofrr,._�•yot.4wac Cfioq o�I✓a�y�r-f �O�r ri 2��r - m -1 � �� 31 • � °i N�•ij• P ;1� d -1,5` _ MctJs• - goo � �� i r F 0 ri« • r ec a R T PPS. aa44e® IL J! 12.75' NSI•• a - A�e d 00 �✓uv'v rr Air 11f•IrvIP1PY' SAY G.'A[ IfORNlA . t'.�a brlde+s..t�Lo �r�`oar'I! ond-. aiindf� ��` _ on9t oF- 1idQ Q i� !` � � (� Qr� sa>•ablr�/+►��n+xi!+W�iw�Y !©Ira• '-AfQW, ► /. �� UCES DIV. RTBEACH Q1 l i rEEL GRAS IN PECTICN / i ► ~`�- Eefgrass within 15' of project. ' �. �Eelgrass within 15.30' of project ` ❑ N E ra in roject area J II p r— - r _I V 1a4 0 1 jSignature Insp dctlon Date &lime r�• 'GGlr • (1i � _ r S,6C. l %a of : 0312712011 12:58 9496313122 SIAIFTSLIPDDCKPIER PAGE 01101 2027 f"laoentia Avenue, Costa Mesa,l California 92627 Amanda From: Kira Withy -Allen [KiraWithyAllen@wssica-com] Sent: Wednesday, November 24, 2010 7:43 PM To: Amanda Cc: Richard Mann Subject: Fwd: Newport Eelgrass Surveys Attachments: eric—chavez.vef; ATT00020.htm Amanda, November I st would be accepted. Please -see confirms this date extension. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 61-9-246-1597 Cell 800-236-0013 Of -Tice .800-225-9730 Fax kLrqN)J fthyalL qnla- @wssica.com Begin forwarded message: Page I of 2 s survey extension date. They said that forwarded e-mail below from Eric Chavez that From: Eric Chavez <Eric.ChavezCcDnoaa.qov> Date: October 27, 2010 6:21:32 PM EDT To: Kira Withy -Allen <KiraWithvAllen wssica.com> Cc: Richard Mann <rnann @wssicg.corn>, Bryant Chesney <Brvant.Chesney@ngaa ov> Subject: Re: Newport Eelgrass Surveys Kira, That is correct. As long as the surveys are conducted no later than November 1, 2010, NWS will consider them valid. Eric Kira Withy -Allen wrote: 11/29/2010 Dear Eric, Per our conversation today, you.have granted us -an extension_tn conduct three eelgrass surveys in Newport ReachonMonday, November 1; 2010 to be reviewed with permits during the non -growth eelgrass phase from late October to March. Can you please confirm this? Thank you for taking the time -to speak- with me today. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 619-246-1597 CeII 800-236-0013 Office 800-225-9730 Fax kirawithy allenAwssica. com 11/29/2010 Page 2 of 2 ws s i ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 (800) 236-0013 • (800) 225-9730 November 1, 2010 To: Pete Swift Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass and Caulerpa Survey, Bob Kupper Residence, 204 S Bay Front, Newport Beach, CA, #3822 Dear Mr. Swift, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for a dock replacement project at 204 S Bay Front, Newport Beach. No Caulerpa was observed, but eelgrass was found within 6 feet of the floating dock. Since the dock will be replaced in the same configuration as the previous dock, we do not foresee direct impact on this eelgrass bed if best management practices (BMPs) are used during the placement of the new dock or if pile driving occurs. We also do not foresee any negative impact of shading on the eelgrass if the proposed dock remains in the same configuration as the existing dock. A Post -Construction survey will be conducted within 30 days of project completion to determine whether there were direct or indirect impacts on the eelgrass. This Preliminary Eelgrass report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, 4, Kira Withy -Allen & Richard Mann WSSI Environmental Consulting 2726 Shelter Island Dr. San Diego, CA 92106 800-818-1020 Office ENVIRONMENTAL CONSULTING UUS 2726 Shelter Island Dr. San Diego CA 92106 Bob Kupper Residence 204 S Bay Front Newport Beach, California Pete Swift Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Prepared 14 November 2010 WSSI Environmental Consulting Kira Withy -Allen Survey Assistance By Molly Colvin ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. San Diego CA 92106 - EN IR01% LTA 2726 Shelter Islam Dr. San Mego CA 92106 (800) M� ®001 z ---___ - This survey was conducted on November 1 2010 beginning at 1245 hr, at approximately N 33.6066080, W 117.899779°. It was sunny and in the high 70s°F, the water temperature was approximately 63°F. Two divers entered the water from the existing dock. The survey area was delineated to cover all shade -impacted and potential work areas and spanned approximately 113 ft (-34 m) by 93 ft (-28m). Water visibility was approximately 3-6 feet. The divers surveyed along transects at approximately 5 fit (1.5 m) intervals, scanning a 3 -foot area on either side, through the entire survey area to ensure a minimum of 75% bottom area coverage (Figure 2). f ; VI ROMMEA11 ACONSULTING 26 Shelter er Islam Dr. v San, MeS CA 92106 MOO-) 236-0013,- (800) 225-9730 No Caulerpa spp. were observed (see attached Caulerpa Survey Reporting Form). Eelgrass was observed within 6 feet of the floating dock (Figure 3). The bay floor was silty. Fauna observed included schools of juvenile fish, bivalves, and anemones. The water depth ranged from 0 ft near the beach and bulkhead, to 8 ft MLLW by the channel. Depth adjustments based on local tide information: CO 1.0 fid s 5:23 AM 49 ---- i1:26 AM L6 Men, Nov 1, 2010 Oa�5 3:09 P;tii 4.6 y. 11-.25 F O.5 A small patch of eelgrass was within 6 feet of the floating dock, and another patch was within 10 feet of the floating dock. However, since the contractor has proposed to float in a new dock, and no pile driving is needed, then it is unlikely that eelgrass will be impacted by the construction. Nevertheless, BMPs should be in place during dock implementation to avoid direct impact. BMPs may include the use of silt curtains during pile installation and removal, which will help to minimize potential impact caused by increased turbidity. Further, direct contact by equipment, including boat props, should be avoided, and unused equipment (dock materials/floats/boats & etc.) should be left where the eelgrass bed will not be shaded, which can also cause impact during construction. A post -construction survey, conducted within 30 days of construction completion, will assess the effectiveness of BMPs in minimizing direct impact caused by the work. We do not foresee any long-term shading effects on the eelgrass patches if the configuration of the new dock is the same as the existing dock. z a ENVIRONMENTAL CONSULTIN49 rShelter Island Dr. San Diego t: 92106 EWIft&C{f±%«+f1— Syc $)f++ 2±f2>f7 i :� Smf ■FSI f y, Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (85 8) 467-4218). Report Date: 14 November 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 204 S Bay Front, Newport Beach, CA reference Site Coordinates: (UTM, Lat./Long., datum, N 33.606608 Lat accuracy level, and an W 117.899779 Long electronic survey area map or hard copy of the map must be included) Survey Contact: Withy -Allen, 619-246-1597 name, hone, e-mail)Kira Personnel Conducting Survey (if other than Kira Withy -Allen &Molly Colvin, above): (name, phone, kirawithyallbn@wssica.com e-mail Permit Reference: Pending (ACOE Permit No., RWQCB Order or Cert. No. Is this the first or second First survey survey for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions March 28, 2011 Property Address: 204 S. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 12'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 16' Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2of2 r HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace floating dock and gangway. No dimensional changes. No pile replacement. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 204 S. Bay Front Legal Description: Harbor Permit Number: 258-204 Plan Check Number: 2257-2010 Applicant: Bob Kupper Applicant's Mailing Address: 204 S. Bay Front, Balboa Island, CA 92662 Phone Number: 949-683-8541 have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find , `_ They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: YHas 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 to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Walters, Harbor Resources December 10, 2010 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 � ._• _ "--�.'_'• V�yi 7• tom eoaF 1 � j l' ....HYMMN —/,5 • M4 t iv - �'o j. 1. p wsrik� r,- 16 0 71 F loop IIZ �[7L7 ��9eG if -4 ViCoM J TY SKS TCH� ti w�..•w.r, + �� �� di�or�.s brlOiw. �•OP�Cs'se in ' �• e'�,.s LO�y of. Aida opt. ger Low y,/a,r��.r..,'Mat as�vblis�rrd pi �*,jy �� �a .. •�r. �',_,•"-'��.5- «� :�� - .. !1•�s ��cfio' oPNaw^y,,..rt rof c. (► t I �-Y•'• wT 1 rl -� -C'G� �.�� �� ►nr -:; _ •_T ", _'�'.-• �i � to..s oath r 1 �•-Z�yj �y s ! I V J i � rrj ` _ �. ►c O l DC7 [�.se� tJ.k.2.�S M•�s, � �`� � dr -x- Cots. • VIC1 AlITY N. rv.oRr k F T c H :h mil r cus \ "�\ -,�.. �����'• �Cs ��►e; �C QoI^��.joF/lda ..q (AP ersQd 'in Y,.<<'%'erdr.:: 4, 0"0- Qn V-urxNw•MA4onorot4,;j. A4 sr. 4s e 'HARBOR' WCES IV OF --NE WWI EEL GRAS CTION Eelgrass within 15' of project r ® Eeigrass within 15 - 30' of project t .0 N Eelgr i proje t a Co - r— lift , Slgnatu i ! t� '� i ( Inspection Date & Time LUQ 3 Page I of 2 From: Kira Withy -Allen [KiraWithyAllen@wssica.coml Sent: Wednesday, November 24, 2010 7:43 PM To: Amanda Cc: Richard Mann Subject: Fwd: Newport Eelgrass Surveys Attachments: eric—chavez.vcf; ATT00020.htm Amanda, Fisheries Service (NMFS, NGAA) for an eelgrass survey extension date. They said that November I st would be accepted. Please see the forwarded e-mail below from Eric Chavez that confirms this date extension. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 -619-246-1597 Cell 800-236-0013 Office 800-225-9730 Fax Begin forwarded message: From: Eric Chavez <Eric, ChavezQ in-aa.gov> Date: October 27, 2010 6:21:32 PM EDT To: Kira Withy -Allen <Kiraffl %pq1(f_,g,vys s i ca . co m > Cc: Richard Mann <man n0bwssimca co>, Bryant Chesney ___ , I Subject: Re: Newport Eelgrass Surveys Kira, That is correct. Eric Kira Withy -Allen wrote: 11/29/2010 Dear Eric, Per our conversation reviewed with permits during the non -growth eelgrass phase from late October to March. Can you please confirm this? Thank you for taking the time to speak with me today. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 619-246-1597 Cell 800-236-0013 Office 800-225-9730 Fax 11/29/2010 Page 2 of 2 Page 1 of 1 Amanda From: Kira Wthy-Allen [kirawithyallen@wssica.com] Sent: Tuesday, November 30, 2010 2:22 PM To: Amanda Cc: Richard Mann Subject: Re: More on 1611 Bayside Drive: Amanda, The fax that you sent is blank, can you please resend it? What it sounds like is that Brady did everything correctly, and was waiting for the permit before he asked me to conduct a Pre -Construction Eelgrass Survey since it is a time sensitive survey. That is the whole reason we do the Preliminary Eelgrass Surveys, is to obtain the permit and, therefore, we expect those to expire by the time we get the permit, which is when we do the more detailed Pre -Construction Survey. But please send the information my way to confirm whether this is the case. Best, Kira Kira Withy -Allen WSSI Environmental Consulting 2726 Shelter Island Dr San Diego, CA 92106 619-246-1597 Cell 800-236-0013 Office 800-225-9730 Fax On Nov 30, 2010, at 1:33 PM, Amanda wrote: Hey Kira, So I did some digging through the file on this and found that the Army Corp rendered the preliminary survey conducted on March 15 invalid as of October 5. Now that was before I came onboard and Im not sure what Brady did with this information. He should have ordered a new dive back in early October. Do you know if this ever happened? The file only has the preliminary dive from March so I doubt if it did. If you could let me know what WSSI records show, I would greatly appreciate it. If the subsequent dive didn't take place, then it may not be necessary to respond to the fax that I sent you this morning since we are going to have re -do everything in March anyway. Thanks again. Regards, Amanda 11/30/2010 S S ENVIRONMENTAL CONSULTING 2726 Shelter Island Dr. W San Diego CA 92106 (8001236-0013 - (800) 225-9730 (fax), November 1, 2010 To: Pete Swift Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Re: Preliminary Eelgrass and Caulerpa Survey, Bob Kupper Residence, 204 S Bay Front, Newport Reach, CA, #3822 Dear Mr. Swift, Attached is the preliminary Eelgrass (Zostera marina) survey as well as a Caulerpa Survey Reporting Form for a dock replacement project at 204 S Bay Front, Newport Beach. No Caulerpa was observed, but eelgrass was found within 6 feet of the floating dock. Since the dock will be replaced in the same configuration as the previous dock, we do not foresee direct impact on this eelgrass bed if best management practices (BMPs) are used during the placement of the new dock or if pile driving occurs. We also do not foresee any negative impact of shading on the eelgrass if the proposed dock remains in the same configuration as the existing dock. A Post -Construction survey will be conducted within 30 days of project completion to determine whether there were direct or indirect impacts on the eelgrass. This Preliminary Eelgrass report was required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Newport Bay. This policy protects an important marine habitat, seagrass beds, which provide habitat and food for adult and juvenile marinelife such as halibut, lobster, seabirds and even endangered sea turtles. Responsible development by contractors like you help to protect these sensitive marine ecosystems here in southern California, contributing to the greater challenge of protecting our ocean resources. We appreciate the opportunity to work with you. If you have any questions, please do not hesitate to contact us. Sincerely, Y4� Kira Withy -Allen & Richard Mann WSSI Environmental Consulting 2726 Shelter Island Dr. San Diego, CA 92106 800-818-1020 Office Bob &upper -Residence - 1f S Bay Front Newport California Pete Swift Swift Slip Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Eelgrass Survey Prepared 14 November 2010 az WSSI Environmental Consulting Kira Withy -Allen Survey Assistance By Molly Colvin INA Introduction The homeowner at 204 S Bay Front has proposed to replace the u -shaped dock in a like -for - like fashion. No pile removal or driving will be required. This survey was conducted to determine the presence or absence of the invasive Caulerpa sp., and to survey for and map the extent of eelgrass, Zostera marina, in the vicinity of the property lines. Please refer to additional documents submitted by Swift Slips for more information regarding the proposed dock. —r4 5V -111t _tet-�G .i ROAD CJAS-IVICA-!Oq f:�'g'=i.1Fo »riu,�....--mw.. �.5�^.•,.�Li{......... -.�_. Methods This survey was conducted on November 1 2010 beginning at 1245 hr, at approximately N 33.6066080, W 117.899779°. It was sunny and in the high 70s°F, the water temperature was approximately 63°F. Two divers entered the water from the existing dock. The survey area was delineated to cover all shade -impacted and potential work areas and spanned approximately 113 ft (-34 m) by 93 ft (-28m). Water visibility was approximately 3-6 feet. The divers surveyed along transects at approximately 5 ft (1.5 m) intervals, scanning a 3 -foot area on either side, through the entire survey area to ensure a minimum of 75% bottom area coverage (Figure 2). Results No Caulerpa spp. were observed (see attached Caulerpa Survey Reporting Form). Eelgrass was observed within 6 feet of the floating dock (Figure 3). The bay floor was silty. Fauna observed included schools of juvenile fish, bivalves, and anemones. The water depth ranged from 0 ft near the beach and bulkhead, to 8 ft MLLW by the channel. � s � Depth adjustments based on local tide information: s: 4. a 2. 1: 0. 11'26 AM 1.f <' Day Mon, Nov 1, 2010 ay �.- 5:09 PM 4,6 _ — 11:25 PNI Discussion A small patch of eelgrass was within 6 feet of the floating dock, and another patch was within 10 feet of the floating dock. However, since the contractor has proposed to float in a new dock, and no pile driving is needed, then it is unlikely that eelgrass will be impacted by the construction. Nevertheless, BMPs should be in place during dock implementation to avoid direct impact. BMPs may include the use of silt curtains during pile installation and removal, which will help to minimize potential impact caused by increased turbidity. Further, direct contact by equipment, including boat props, should be avoided, and unused equipment (dock materials/floats/boats & etc.) should be left where the eelgrass bed will not be shaded, which can also cause impact during construction. A post -construction survey, conducted within 30 days of construction completion, will assess the effectiveness of BMPs in minimizing direct impact caused by the work. We do not foresee any long-term shading effects on the eelgrass patches if the configuration of the new dock is the same as the existing dock. Site Photos: » �.:e Wiz^ �.. . �\� ���\ >� \ � \� \\° � �^����� ©�\� �+�J � �® � > . d: . � a � s %�f « �` � � © « 7» � 2 � � � c� �Z � � � � � / f �,� s � � - ! 2P . o e{" H ..' Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 14 November 2010 Name of bay, estuary, lagoon, or harbor: Newport Bay Specific Location Name: (address or common 204 S Bay Front, Newport Beach, CA reference Site Coordinates: (UTM, LatAong., datum, N. 3 3. 6 0 6 6 0 8 Lat accuracy level, and an W 117.899779 Long electronic survey area map or hard copy of the map must be included) Survey Contact: name, hone, e-mail)Kira Withy -Allen, 619-246-1597 Personnel Conducting Survey (if other than Kira Withy -Allen &Molly Colvin, above): (name, phone, kirawithyallen@wssica.com e-mail Permit Reference: pending (ACOE Permit No., RWQCB Order or Cert. No. Is this the first or second First survey survey for thisproject? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. XXX No, Caulerpa was not found at this site. 6 Description of Permitted Work: The dock will be replaced in using the same (describe briefly the work to U -Shape style and location (like for like) . be conducted at the site under the permits identified above) Description of Site: range: 0 t n _ -Depth Substrate e: silty sand (describe the physical and biological conditions within the _ Temperature: 63 deg F survey area at the time of the survey and provide insight into variability, if known. Please Salinity: Dominant flora: Eelgrass provide units for all numerical information). Dominant fauna: Juvenile fish, anemones, mussels Exotic species encountered none (including any other Caulerpa species): Other site description notes: none Description of Survey Effort` Survey date and time period: 1 November 2010 1245-1345 hr Horizontal visibilityin water: 3-6 feet (please. describe the surveys conducted including type of Survey type and methods: Two divers conducting belt survey (SCUBA, remote video, etc.) and survey methods employed, date of transects on SCUBA work, and survey density (estimated percentage of the bottom actually viewed). Survey personnel: Kira Withy -Allen & Molly Colvin Describe any limitations encountered during the survey efforts. Survey density: 75-06 Survey limitations: none Other Information: (use this space to provide additional information or Please see attached eelgrass report for further information. references to attached maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) 1 .INSPECTED s NEWPORT319G M• Di CITY OF NEWPORT BEACH By APR 69 - HARBORT PERMI–nS:CTN in, 1[ERI:aa. Y GRANTED TO CONSTRUCT AND I:i:x.lai'tAla 71.1E FACILITY SHOWN ON THE REVERSE FIt; REOF, i TUE SITZ: LevE iCr: ' i3, :aMAjECT TO THE PROVISIONS Or MAM' iz9fi 4P6;1'i' ,CLIc2E3 OF r-jZj,,jFe0RT BEACH AND ,•;:.�' s'i 5:1RiL C'Csi aiIi:C3`_ L. STED HE1a1;.CIN. THIS PERM117 :6 N,z,. dAN i•1. z • COED %A.IT r A# ,L 'c.. '� C t :� lli "M f1a.�1 OF id:: C:.`s"5 {•€.�.ai::i'+b. t;+4��?YL�Si�;A'�:+j3 "ti l7iVG;:�. T1•i. (,VKN ur-411 `•, t'1.13: :1.' o l'i a CE fir' ;v% SS10�IC ONI-1. .AND TZ -M iI£ � 114E CE `Y Citi33�CIi Chi ACCGaAfj#,a V' IT94 i YLE� — MUNICkPAL CODE. G AUG 4 TJb% 2t NA. DATE SPECIAL CONDITIONS. Corps of Engineers Permit 7-30_�� Orange County Permit / Ott -ion AI THORIZO SYCIWCO&AMe i. ON JUL 14 1969 . y C CI CURIE INSPECTION FORD Harbor Resources Department Date:`f'/is )U 3 Inspection Requested By: Ghl-', r Inspector: Don Duffy Pier Address: Z CJ44- Q o� y �►''" Pier Transfer Yes No GFI Present Anti -Siphon / Backflow Present) Other Comments Eelgrass Yes No Present Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request SCI 7 C -e' S i -c" ' Cabot Harvey ,� � Fine Homes Specialist A?Cq PrudenIa California Re ty Newport Beach, California Bus 949 425-9600 x 356 Fax 949 673-6471 Pager 949 675-5714 Q An independently owned and operated member of The Prudential Heal Estate Affiliates, Inc. ������� ��«����-�� C����� /� z �' y � - �� f f=ro ��- ZL� 1 HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: �vl�/o 3 Permit Number: Property Address: Buyer's Names: Billing Address: Telephone No.: Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: 0 5-8 ' 0,;� � Escrow Company: Conc&ld 5.5Gro Escrow Number: p3 _o 0/ 6 3 -SG Fax #; V) c'GS-- Z Yo Inspection Date: Reinspection Date: Fee Amount: 0( Date Paid: W1710� Che k Number: 1c)y,/ Application Approved: Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. CITY OF NEWPORT BEACH April 18, 2003 Concord Escrow Fax 714-965-2406 P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Re: Escrow #03 -0963 -SC Permit #258-204 204 South Bay Front., Dear Sirs: Balboa Island The City of Newport Beach has received the transfer fee and has inspected the above pier and found it to meet city standards. We will transfer the permit into the new owner's name. If you require further assistance in this matter, please call 644-3034. Sincef�ly, L rie Arcese, Dept. Asst. Harbor Resources Division 3300 Newport Boulevard, Newport Beach www.city.newport-beach.ca.us April 18, 2003 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Concord Escrow e Fax 714-965-2406 Re: Escrow #03 -0963 -SC Permit #258-204 204 South Bay Front., Balboa Island Dear Sirs: The City of Newport Beach has received the transfer fee and has inspected the above pier and found it to meet city standards. We will transfer the permit into the new owner's name. If you require further assistance in this matter, please call 644-3034. 3300 Newport Boulevard, Newport Beach www cimnewr)ort-beach.ca.us I J Vr 1 r _ I� h it 11 rrJ ` -•— �"-�— oe s N U �/?K'!oC/NG jl p �f�s Ir`cwr�rp a P/�lZo dl'. / r�L7 ✓s<sfG VA(12,95 N��•' �- ,iK,°�� '`oma+ s- - t C'e- o C Y I .C. I N I T I -5 9 G T C H v w sii aL/ir - - N�wIORr &Ar CAS toramm/A • daplbt brlO'M�.M�� lowar Cow Wol�r,..�'Moti.«r.� opp/ro+cJ..w>/.✓y are aaioblish�d >/i1i; s�cfios of'Naw�prf, Qor ,y ....". �` .� ` � -.40. ��-7p •rya /'� • A, •. r. 30 016 posAl- ,'sem. I _ �' � ¢ . � .: •. I s+aiy-A Q-- r 11 1 I I 1 � •'C I, — i- �LI� CG yl (4q4) CITY OF NES ?ORT BEACH FIRE MARINE DEP 1TMENT HARBOR PERMIT APPLICATION (Please print all intormation) Z411�/Gli 3. New Construction Revision Maintenance v Dredging 4. Fee/ Check No. % (/ Date 5. Brief Description of Proposed Work: e44— i - �✓�' ®� 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 lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11). Drawing size shall be 8 -1/2" x 11". 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 Declaration must be completed (on reverse side of this sheet) 8. Applicant's/Agent's Signature: �ti�1 Date: '51 zt' ti Joint Permittee Signature (If applicable): 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 Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. ctrical and/or plumbing permit (Building Department) /Issued. (Permit is stamped drawing) V Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date -Q� Date 3 Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, 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 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): I, 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. 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 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). I, 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 Co7=t pursuant to the Contractor's License Law). under Sec. of Business and Professional Code for this reason: ' Owner's Signature: Date: 2!/2—,(p t Contractor: Telephone: Address: License class: State Board No. City License No._ 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: o i=-1 e—e - ,V S -,P- 2o Y- Ntwposrr 5AY, CALJFC QtWA y —Z Jerry Ail 40 .40 S'l ,V S -,P- 2o Y- Ntwposrr 5AY, CALJFC QtWA y —Z Jerry CITY OF NEWPORTBEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT ANIS MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY _COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PE SSME ONL AND THIS PERMIT MAY BE REVOKED BY C COUr, IN ACCORDANCE WIT 7 OFT lPAL D C TY ARBOR COORDINATOR 2�0 '' , 7 24 - PERMIT NO. DATE �_ _ __ Z. S70-- Zoe roe r4 �JtC Or X a C) A 7- 000 Wsa, C, j 7-"-7 VICIMITY 5;<,E T C H Avsjr .1,frry NawpoRr aAY, CAL IFORNIA 'p, Jerry Olt - are eAprcssed /07 A,.1 and cld-nole Olep "A 5 below A-PcoP7 Lower Low Wold -,r. ra"'?L- or A(C/C/0 *'Wei Harbor 11i7e5 are esiohlf'Shed seclfoov oyrAdw Porf Bad. Si L Y X , i - sec. AIA -A v- Af E 4 4. PE 5 7- X, 1 CITY OF NEWPORT BEACH )� OFFICE OF THE CITY MANAGER TO: MAYOR AND CITY COUNCIL FROM: Harbor and Tidelands Administrator July 14, 1969 SUBJECT: HARBOR APPLICATION 258-204 APPLICATION TO: CONSTRUCT A PIER, RAMP AND FLOAT AT 204 SOUTH BAY FRONT, BALBOA APPLICANT: DR. AND MRS. OLIVER G. HOWELL, 204 SOUTH BAY FRONT, RECOMMENDATION: If desired, approve the application subject to approval of the U. S. Corps of Engineers; or deny the application. DISCUSSION: A. The location of the proposed facility is the same location where Mr. Harvey Pease recently applied for a harbor permit. Mr. Pease's application was denied because the applicant was not the fee owner or long-term lessee of the abutting upland property. Dr. and Mrs. Oliver G. Howell are the fee owners of the property in question. - B. The following harbor permit policies apply to this application: (1) No new non-commercial piers shall be recommended on Balboa Island unless it is in the public interest or unless it is at such a location that it is not usable for swimming or bathing. (2) All occupants within three -hundred feet of the proposed work shall be notified in writing. (3) Harbor facilities may extend ten feet bayward of the pier headline subject to approval of the Corps of Engineers. (4) Dredging around floats shall not exceed a depth of two feet at mean low or low water along a line sixty feet channelward of an parallel to the bulkhead line. C. In regard to the utility of the location for swimming or bathing purposes, the City Council on 14 February and 10 July, 1961, adopted a resolution which identified this area as one of four locations on Balboa Island that were not suitable-'for'beach or swimming purposes and where piers at that time did not exist. On 11 December, 1961, the Council authorized construction of harbor,facilities at one of the other four locations identified as: not being suitable for beach or swimming purposes. In the case of Dr. ani Mrs. Howell's application Mayor and City Council - 2 July 14, 1969 a recent personal inspection confirms the fact that there is no usable beach in front of 204 South Bay Front.. D. With -respect to the remaining provisions of the harbor permit policies all occupants within three -hundred feet of the proposed work were notified by mail on 8 July 1969. The proposed facility does extend ten feet bayward of the pier headline and would thus require approval -1 of the U. S. Corps of Engineers. There is no dredging proposed due to the exis,_ting__dep1JL-, of water bayward of 204 South Bay Front. If the application is approved, it should be c nt'ngent upon e sub- sequent approval of the Corps of Engineers. .4,A6ie- M. DA DAWES GMD: sr I V CITY OF NEWPORT BEACH CALIFORNIA 92660 41F FVk city I 3300 Newport Blvd,. ` :(714) 673-2110 May 14,'1969 Mr. Harvey D. Pease 304 Collins Avenue Balboa Island, California 92662 SUBJECT: Harbor Application 258-204 _ Dear Mr. Pease, At its regular meeting, on May 12, 1969, the City Council considered your appeal of its previous decision denying you permission to construct harbor facilities bayward of 204 South Bay Front, Balboa Island. The Council denied your appeal for reconsideration of Harbor Application #258-204 because it felt that it was unlikely that .any additional information could be supplied that would alter the basic facts of the original application, which is clearly in opposition to the established Harbor Permit Policies. Your letter of May 10 1969 was not received i Y � n time for consideration at the Council Meeting on May 12. Nevertheless, the larger issues you bring up in your most recent letter were considered by the Council. The Council feels that the existing Harbor Permit Policies are soundly based on California State Legislation, namely the Public Resources Code. In the specifics regarding ownership of private residential piers, the Harbor Permit Policies I follow very closely the precedent set by the State in ad- ministrating private residential piers on ungranted tide- lands under State control.- i s The Council is well aware of its responsibilities to ad- minister tidelands in the interest of broad public use. The term broad public use includes other marine related ' activities such as navigation, commerce, fishing and j swimming as well as use of private residential piers.. i ISI Harbor Application 258-204 2 May 14, 1969 The Council believes that the present Harbor Permit Policies provide a balance among all of these uses. The Council recog- nizes that there will always be individuals representing' various competing interests who will attempt to challenge the balance now established. ?' In addition to having a sound legislative base and providing a balance of use among competitive interests, the Council s policies regarding administration of the tidelands must also provide for basic and practical controls. The Harbor Permit Policies provide controls for such practical matters as provision. of utilities, parking and toilet facilities. But even more important, their operation is similar to our zoning laws to afford a measure of protection to the individual property owner so that he may have some assurance that his investment in residential property will not be degraded by an unreasonable or arbitrary change of circumstan- ces in the area surrounding his choice of residence. The high and accelerating rate of population growth creates ' new problems for Newport Harbor. Public facilities in the harbor are already saturated or nearly saturated. Itis for this reason among others that the. City Council has sponsored the"Newport Tomorrow" study. Additionally, the Council has provided for a study by the staff, in this coming fiscal year, of public facilities within the harbor. It is expected that these two efforts will provide a broad review of all policies regarding tidelands matters as a basis for preparing plans to meet the challenging pressures of the future. Mr. George Dawes, the City Harbor Coordinator will be happy to assist you if you have questions concerning this matter. Very truly yours, Doris George Deputy City Clerk DG/bg cc: Mr. Dennis Harwood City Harbor Coordinator May 13, 1969 Mr, Harvey D. Pease 304 Collins Avenue Balboa Islands California 92662 SUBJECT,. Harbor Application 258-204 Dear Mro Pease, The City Council of the City of Newport Beads, at its regular meeting on May 120 1969p considered your appeal of the action, of the City Council on April 28 concerning the re -hearing of Harbor Application 258-204. At its regular meeting on May 12t the City Counsel denied your appeal. I have enclosed a memor'A.A-Aum to the Mayor and the City Counsel which was cited by the. Counsel as thy' basis of their denial of your requast* If you have any questions, please, contact me at the City Hall or telephone 673-2110. Very truly yours, G* M* Dawes GMD/bg CC. Dr. Oliver G. Rowell CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 12, 1969 TO: MAYOR AND CITY COUNCIL FROM: City Harbor Coordinator SUBJECT HARBOR APPLICATION #258-204 SITUATION: A. On.28 April, the Council considered the application of Mr. Harvey Pease to construct a pier, ramp and float bayward of 204 South Bay Front, .property owned by Mro and Mrs. Oliver G. Howell. The Council denied the application because of conflicts with basic Harbor Permit,Policies; primarily, that residential piers be reserved for owners of the abut- ting uplands. B. Mr, Pease has appealed to the Council for a re -hearing based_ on the contentions that: (1) He has additional information.. (2) The Council was weary of exhaustive hearings when his ap- plication was considered and.therefore the .Council's delib- erations were of a hasty nature_ prejudicial to the rights of the applicant. COURSES OF ACTION: A. Deny the appeal B. Approve the request for a re -hearing and set a date for re -hearing subsequent to 16 June, as requested by Mr. Pease. C. Refer to the staff for study and recommendations. DISCUSSION: A. Mr. Pease's application was denied primarily because his request con- flicted directly with the established policy that "Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property." It is unlikely that any additional information supplied by Mr. Pease can change the basic facts upon which the application was denied; therefore it appears that any further efforts of Mr. Pease will be devoted toward challeng- ing the basic policies governing harbor permits on Balboa Island. Mayor and City Council - 2 - May 12, 1969 B. The Public Resources Code prescribes conditions for administering un granted State Tidelands. It_also grants and imposes upon the City Council the powers and duties to administer the granted tidelands. While there is no requirement for the City to adopt all specific pro- visions applicable to State ungranted tidelands, both State and City provisions are based on the same basic law and there is a resultant parallelism of provisions. The Code specifically provides the State authority to grant to a littoral owner permission to construct harbor facilities bordering upon such littoral land provided such structures or facilities do not unreasonably interfere with the uses and purposes reserved to the people of the State. The Code further provides for private recreational piers for littoral land owners and specifies that, in this sense, a littoral land owner_ "shall be only a natural person or persons, using the littoral land solely for a private single-family dwelling house and shall not include the owner of unimproved land." This provision is quite similar to the City's requirement that private residential piers be reserved for the abutting land owner or long time lessee, C. While there is certainly room for interpretation, it appears that the Council has ample discretionary powers for administering the tidelands in the best interests of the broad public. In this connection, the Council's policies have established a balanced use of tidelands sur- rounding Balboa Island; providing therein for multiple uses such as boating, navigation, swimming and fishing on an equitable basis. D. There are also practical administrative considerations. Authority to grant harbor permits carries with it the obligation to establish controls, The present policies not only provide controls for obtain- ing balance among competing interests, but provide automatic controls over practical considerations of providing utility services on piers and providing for toilet facilities. The latter consideration is, in turn, one of several controls governing water pollution.. The controls also act to provide a measure of protection for individual: property owners, similar to protection afforded by zoning ordinances, which give some assurance to an individual that circumstances surrounding his choice of residence will not be unreasonably or arbitrarily altered. Any significant change in present policies will require careful con- sideration of accompanying and necessary controls. E. There is an argument that present policies are satisfactory in the case of private property immediately abutting the tidelands, but that the intervention of a public right-of-way between private property, and the tidelands requires different policies. This argument perhaps re- quires a review of reasons for establishing the public right-of-way. Historically it would appear that the right-of-way around Balboa Island was established to provide a public promenade and access to tidelands for all the people. There is no evidence to support a contention that it was to preclude littoral land owners from constructing harbor fac- ilities bayward of their property or, on the other hand; to provide Mayor and City Council. - 3 - May 12, 1969 bayfront area for construction of piers by non -waterfront property owners. If we follow the State.precedent, the wording of Section 6503, Public Resources Code, provides for construction of residential piers for "only a natural person or persons using the littoral land for a private single-family dwelling house and shall not include the owner of unimproved land." This statement tends to discourage private residential piers except for the immediate littoral land owner, and moreover he must have a house located on his land. Despite interpre— tations of the legalities, it stands to reason that if the intent of establishing a right-of-way was to provide waterfront space for inland residents to construct piers, that a considerably wider right- of-way would have been established in order to provide space for nec- essary adjuncts to piers. F. Legal questions may prove to be secondary. The problem may really be a natural sequence to the saturation, or near saturation, of harbor and beach facilities. If so, this is a problem that has been recog- nized and a study of.public facilities has already been included in the Annual Project Review. Should the Council elect to refer Mr. Reese's request to the staff for study, either a separate study may be made or the subject can be includedin the broader study already authorized, M! From the Office of r City Clerk TODAY'S MAIL Date: 5- Attn.. Attn 304 Collins Avenue Balboa Island., Cal. 92662 may lop 1969 Honorable Mayor Doreen Marshall of Newport Beach and Nemport Beach City Council 3300 W. Newport Blvd. Res Harbor Applic,�tian 258 204 Newport Beach, Calif. 92660 Dear tkyor Marshall, Members of the Councilt. Since it is not possible for tie to attend the. Councxi,l, meeting of May 1.20 1.969,. as stated in my Letter of Hyl, 1.969, requesting a rehearing of Harbor Application 253. - 204t mayI present herewith certain views for consideration. The Council reoognizes, as does this Applicant, that a basica policy issue is directly and inherently involved in the requested pier permit. That issue is: Shall person's w1ho are not owners or long -torn lessees of bayfrant property' bo denied equal rights of ownership of peers and floats installed on tidelands under Harbor Permit Policies of the City of Newport Beach? A broad public interest has rani fest tscalf i rt the subject. But even 3f such Immediate interest were not sh< mp it is probable that the near -future impact of population pressure upon the cityls b,,4 and harbor waterfrontago which is held. in trust wound inevitably mandate reexaAdnation of the prosent restrictive and discriminatory policy. The question cannot be ignored indefinitely. It is raspec•tfu1V regUested that the appeal 8nd rehearing be granted the Applicant.on Juste 1.6, 1969, or anther time subsequent thereto convenient to the Council, and that in the intervening period the Staff. undertake a penetrating a.nal-;rsis and study of the entire problem, A reasonable length of time should be allowed to prepare a definitive report. No useful purpose would be aerwed by an incomplete and inadequate study. If the Counei.l rejects -,.,id Applicant's petition for rehearingp 'then it is by that act ratifying and perpetuating thepresent policy which is arbitrary, capri- cious, grossly discriminatory and clearly against the public interest. Justifi- cation for such action by the Council would thus rest on the previously advanced a.rgurnent that consideration of a change of policy would open up an "in+ rtiible can of worms". Or upon the: equally fallacious reasons, also previously advanced, that the only alternatives are either to convert all the harbor waterfront to public marinas or to remove all the ,piers. There are other alternatives. Clearly, neither the .public interest., nor the interests of the Applicant as a private citizen, would be aerved by such unreasonable and cursory rejection of the requeot for a rehearing, upon such tenuous and insubstantial. grounds. Fair play calls for .more open and objective treatment. In offering the suggestion for a Staff study it is not the Appli.cant'e i.nton- tion, expressly or by implications to withdraw, waive or modify his rights, or any c them, for a pier permit under Harbor Application 258 - 204. The sag- gesti.on is made in recognition of a strong, under --lying public interest and need to bring about a.modifi.cation of the present discriminatory policy. Respectfully submitted] HarveyTease cc: Dennis Harwood 11/2/83 We sen 'etter regarding pier deficient" to Howell` a 204 S. Bay Front.. - The pier 4 deficiencies were at 258-200. (Remember, 200 had neither a file nor a pier card). Mrs. Howell says Sands, the old owner of some 60 years standing sold it about 8 years ago, most recent owner is Romel and now it is rented. Waterfront Properties handled the transaction Phone 673-6900. She doesn't think it has been sold, or maybe it has fallen out of escrow. i i May 1, 1969 Mr. Harvey D. Pease 304 Collins Avenue Balboa Tsland, Callfomi Re- ° Tlarbor Application No. 258-204 Dear T{'r, . Pease This is to a0vIse you ti,lat tbe. City Gomel of the, City of NonTport %add at its r'ogulerr meeting ars 28 April 1969 denied your Harbor Application two. 2,58-204 to construct a pier, ram ana float ba and of No. 204 South Bayfront, i'alboa I-slang. If you have my quostimvn ,, please, don't hesitate to contact no at the City ball orrhnne 073-2110. Ver; trli Ir years, G„ !$. PA.IN5 City Harbor Coordinator MD: ep cc Dr, Oliver C iI sell 204 South. rayfront Balboa Ilan ., Callformia N O T I C E k N 0 T I -C E HARBOR APPLICATION 258-204 Mr. Harvey Pease has applied to construct a pier, ramp and float bayward of 204 South Bay Front. The City Council will consider his application at its regular meeting commencing at 7:30 P.M. on Monday, 28 April 1969. Inter- ested parties are invited to attend the Council meeting or: to communicate with the -undersigned., -= G. M. DAWES City Harbor Coordinator CITY OF NEWPORT BEACH April 28, 1969 TO: MAYOR AND CITY COUNCIL FROM; City Harbor Coordinator 1 SUBJECT: HARBOR APPLICATION NO. 258-204 4 APPLICATION TO: Construct a pier, ramp and float at 204 South Bayfront, Balboa Island. APPLICANT: Mr. and Mrs. Harvey D. Pease, 304 Collins Avenue RECOMMENDATION: If desired, deny the application. DISCUSSION: A. This application must be considered by the Council because the Harbor Permit Policies require that all new piers on Balboa Island shall be subject to special permits approved by the City Council. All occupants within 300 feet of the proposed work have been notified in writ- ing by the City Harbor Coordinator as required by paragraph 22 of the Harbor Permit Policies. B. The applicant_, Mr. Pease, resides at 304 Collins Avenue and has applied to construct a harbor facility bayward of the residence of Dr. Oliver G. Howell in violation of the Harbor Permit Policies. Bearing in mind that Balboa Island is surrounded by a public right of way which intervenes between the City tidelands and privately owned lots, the follow- ing Harbor Permit Policies are -violated by this request: are: Paragraph lA - Shore connected piers and floats bayward of residential zoned areas shall be reserved for the occupants of the abutting upland property. Paragraph 6B - The application must be signed by the fee owners or any long-term lessee of the abutting upland property. C. Other pertinent provisions of the Harbor Permit Policies Paragraph 5A - which states that the City Harbor Coordinator is aut— o�ized to approve and issue new permits and revisions that conform to standard harbor drawings. The applicant's design work does not conform to the standard drawings. Mayor.and City Council Page 2 April 28, 1969 Paragra h SC (1) - requires prior approval of the City Council Before issuing a permit for shore connected structures when the abutting upland property is a dedicated public right of. way. Para ra h 22 -.No new non-commercial piers on Balboa Island Mall a recommended unless it is in the public interest or, unless it is at such a location that it is not -usable for swimming or bathing. D. In addition to notifying Mr: Pease -and Dr. Howell of this Council meeting, 45 residents of houses located within 300 feet of ,the proposed work have been notified. As of.24 April, ten of these residents had replied in writing opposing the application. Nine of the objections were .based on the fact that Mr. Pease is not the owner of the abutting upland property and one objection was.based on opposition to constructing any more new piers on Balboa Island. Additionally, I received a.phone call from another resident who stated that he had given Mr. Pease written concurrence with this applica- tion but later found that Mr. Pease did not own the upland property and therefore was rescinding his written concurrence, The Council has received a copy of a letter from Mr. Dennis W. Harwood, an attorney representing Dr. and Mrs. Howell, which advises Mr. Pease that the Howells object to the application, following: E. The recommendation to deny the application is based upon the The application was not ,signed by the fee owner or long-term lessee. of the abutting upland property; The applicant -is not the occupant of the abutting upland property; The proposed use is not in keeping with the surrounding area; and The structure itself is not in keeping with the standard drawings. G. M. DAWES QI� Mr. Harvey D. Pease April 25, 1969 Page 2 a pier in front of their residence. My clients also wish to make it clear to you that they shall not consent to any utility hook-up between their residence and any pier if the pier is not "their pier." in light of the status of this matter, I am somewhat confusedas., to why''you are ''obliged" to proceed with the application. Very truly yours, HARWOOD, SODEN/& ADKINSON Dennis W. Harwood DWH:mr cc:, Honorable Mayor Doreen Marshall of Newport Beach: .. �.7--6 Newport Beach City Council ES SEN LQP(EP�Y T0: . Dr . -and Mrs Oliver Howell Manager .4nurney i•ubli• Wnrkm Dfrodor Uireef Planningq. ,Counc„maw a a Z6 --j Al Ck CITY of EWPORT BEAM G. CALIF. SAND RANCHES IN MARICOPA, PIMA AND COCHISE COUNTIES S TRADING COMPANY SUCCESSORS To LOUIS M. SANDS GLENDALE, ARIZONA P.O. BOX 95 ANION& YE 7-2791 YE 7.7554 CATTLE AND FARM PR®DUCTS April 19th. 1969. "- '-- RECEIVED TAr. G. M. Dawes. City harbor Coordinator. POR ��' 1 1963 2 WORKS"969 3300 Newport Blvd. »� Newport Beach, Calif. 92660. CITY OF NEWPORT BEACH,'' Bear Mr. Dawes. CALIF. c' As owners of the property located at 200 South Bay Front we wish to object to Harbor Application No. 258-204. We have owned this and other Balboa Island Property since 1929 and this is the first case of this kind we have heard of . In case we are unable to attend the council meeting we are req uesting that you convey -our objection. Very truly yours, Sands Trading XCo. Sands. WILLIAM C. MCCARTHY, D.D.S. PRACTICE LIMITED TO ORTHODONTICS 559 SOUTH HARBOR BLVD. ANAHEIM, CALIFORNIA KEYSTONE 5.4314 G. M. DAWES CITY HARBOR COORDINATOR NEWPORT BEACH, CALIFORNIA DEAR MR. DAWES, APRIL �9,6 _� _; `r•. R I CEIvED Up-L)C YORK til AP4R 2 3196,9 _J o, CITY OF NfWPORT BEACH, CALIF. I� WE RECEIVED A NOTICE OF THE INTENTION OF NIR. HARVEY PEASE TO CONSTRUCT A PIER, RAMP AND FLOAT BAYWARD OF 204 So. BAY FRONT. FOR THE LIFE OF ME, I CANNOT UNDERSTAND HOW IT WOULD BE POSSIBLE FOR MR. PEASE TO BE CONSIDERED, WHEN HE DOES NOT OWN THE PROPERTY SHOREWARD AT 204 SO. BAY FRONT. WE UNDERSTAND THAT MR. PEASE HAS IMPLIED THAT HE EITHER OWNS OR HAS HAD THE CONSENT OF DR. & MRS. OLIVER G. HOWELL, WHO ARE THE ACTUAL OWNERS AND RESIDENTS OF 2o4 SO. BAY FRONT. THIS IMPLICATION IS NOT TRUE. BEING A LONG TIME RESIDENT OF BALBOA ISLAND, WE ARE NATURALLY DISTURBED BY THE FUTURE POSSIBILITIES OF SETTING SUCH A PRE- CEDENT WHERE ANYONE COULD BUY OR SELL A PIER IN FRONT OF SOMEBODY ELSE'S HOUSE WITH CONSENT OF THE COUNCIL. THIS I DO NOT FEEL TO BE CON- SIDERED FOR THE GOOD OF THE COMMUNITY, OR FOR PEACE AND HARMONY AMONG ITS RESIDENTS. 'NCM: MG cc 1 VERY TRULY YOURS, DR. r�... MFS. C. ICCARTHY 130 SO. 8�' RONT BALBOA ISLAND, CALIFORNIA DOORMASTER RADIO CONTROLLED GARAGE DOOR OPERATOR LUSTERLITE ALUMINUM WINDOWS CHAIN LINK WIRE FENCING ALL TYPES OF WOOD FENCING GORDON PALMER MAN UPACTUREItS' RE P R E S E N T A T I V E 1 apAu�t 2, -a, 11168 SANTA MONICA BLVD. WEST LOS ANGELES 25 CALIFORNIA TELEPHONE: ARIZONA 3-2316 R I C E I OUBLI c vi O'glK APR OITY or REWPORT BEACH', >, CALIF. ilue c;6 v da --� 64—d STATE FARM Ift am INSURANCE OO State Farm Mutual Automobile Insurance Company Home Office: Bloomington, Illinois 61701 Southern California Office 1727 West 17th Street Santa Ana, California 92706 April 18, 1969 City of Newport Beach Newport Beach City Hall 3300 Newport Boulevard hIewport Beach, California Attention: Mr. G. M. Daees, City Harbor Coordinator Dear Mr. Daees: As the owner of the property at 107 Garnet Street, Balboa Island, California, I am directly affected and concerned over any modifications to our beaches and beachfront properties surrounding the island. I received from you a few days ago, notification of a hearing involving the application for a building permit to construct a pier in front of 204 South Bay Front by someone other than the owner of the above mentioned property, namely, Mr. Harvey Pease. I wish it to be known at this time that I am against Mr. Pease's application for the construction of a pier in front of 204 South Bay Front and should I be unable to attend the Monday evening meeting on April 28, I desire my protest to the above mentioned application be voiced in the form of this letter. Yours very trul , . Ar�ntsen roperty Owner 107 Garnet, Balboa Island, California JIA:jm cc: Dr. and Mrs. Oliver Howell SGABRaIE�LV1 11142 GARVEY AVENUE ROBERT H. NICHOLSON CHAIRMAN OF THE BOARD EL MON-TE , CALIFORNIA April 15, 1969 Mr. G. M. Dawes, City Harbor Coordinator City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Subject: Harbor Application 258-204 Dear Mr. Dawes: I am in receipt of your notice that the City Council will on Monday, April 28, consider the above application for construc- tion of a pier, ramp and float bayward of 204 South Bay Front. Because of illness, I will be unable to attend this council meeting. However, I am strongly opposed to the City Council approving this application where the applicant is not even a property owner in the area I cannot understand why the City would even give such an application preliminary consideration. Please record my objection at the April 28 meeting. Ve tru y yours, R. H. Nicholson 206 South Bay Front Balboa Island, California C. S. C11APla A CHAPMAN RANCH P. O. HOX 3008 FULLERTON, CALIFORNIA 92634 PHONE ( 714) 525-3535 April 25, 19 69 Mr. G. M. Dawes City Harbor Coordinator City of Newport. Beach Re Harbor Application 258-204 3300 Newport Boulevard Newport Beach,. California 92660 Dear Sir; I am in receipt of the notice of the hearing on the application of Mr. Harvey Pease to build a pier in_front of 204 South Bay Front, Balboa Island. I will be. unable to be present in person but respectfully request your attention_to the.following. As a property owner on South Bay Front, I strongly protest the application. The very greatly higher price and assessment of Bay Front property is based entirely on the right to unobstructed enjoyment of the Bay. While it is understood that the water front itself, together with the sidewalk is public property, to be enjoyed by all, such enjoyment has always been assumed as incidental and temporary. To enforce authority. for privately owned and contolled permanent structures to be built in front of the private property- of others- is repugnant to all justice, custom and reason. It would amount to a_confiscation of private property by public authority for private use I urgently request the denial of this application Very truly yours, (13 Alice Ellen Chapman_ (Mrs. C . S .) AE C: bb RENAULT mlm�lim�l MEL ALSBURY, INC. lywood Boulevard - H011ywood 5-211 1 HOLLYWOOD 28, CALIFORNIA IMPERIAL AA7V1�4 I �/- 0 7 7 A Z- ov el KN<,- "- Nza April '17 r ` 69 Dear•Mr. Pascal I Find that I have boon placed in the akwgrd position 'f:. ' while try ng to do a favor for rine friend I hurt, another";:. ' f d � so I must rescind and the letter I wrot® far you remraen ..:. 9. rdi n the �:az end ask you not a use its;, t s -When i wrote the letter I truly believed that it was to build a ' paier lin front of your own Bayfront prapearty. and though I did know before you left that is was in frontof 'tha:Howell's I guess I was so astounded that a pier could be built ,-0 th4,u-t-.,,owning bayfront property that the Howells. o d�l,emma did`•not sink in untillatex« If Jimmis had been h a u -a► . I m sure he would have ..leak merry giaestl.ans before ,put �-ting anything iota tri#ling o I certainly should "not have:. d I-wo' and I'm even afrbid to 'tell him tha :.I did. I' m ;pirttty sure that L; he thinks considering the difference : :n propar,ty values and takes paid by we t neidersBayfront y :awr+c�re that they .and are intitl.cd to a fear privilogas� r,; `ahoud be ,at .least, that we don't have, We have owned a haat r+s6y.' yewra .nd would Ilya o•ur own p�aP: awrd ..y ,haps you will understand my po$3 tiCln 'und �fi� .,tes8ono �anhot +s311ow yvu to use theletter X wacobs fcr ,, L ,ytiµ� . Sincerelry# ) r J ). N 1 f Mabel Was ► ,{ 2f+tl`'Lt S ' �t, ''' r e1 117 Pearl Avep, , is n-� 'r ! { ! N �'{'r 1 ,C y + + 1• S "A fi r ri 1 T ^{ rJrG. 1 , L From the Office of City Clerk TODAY'S MAIL Date: 7 �a Attn:� tion: I trust this letter will:have your most immediate attention. M April 18, 1969 Dear Neighbor; Recently you received a notification from the City Harbor Coordinator that Mr. Harvey Pease has made an application for a pier and float at 204 South Bay Front, Balboa I§1and. This letter is to inform you that we, and NOT Mr. Pease, are the owners of the above property. The Harbor Permit Policies are specific in limiting pier permits. only to owners or long term lessees of the abutting upland property. Mr. Pease does not qualify for a pier permit under this policy regulation. In addition, Mr. Pease is not making this application on our behalf, and indeed, has done so. without our knowledge or consent. By City Council proclamation, most recently stated to our knowledge in 1961, our property is the only remaining Bay Front location on the large portion of Balboa Island where a new pier could be legally constructed upon approval of the City Council. At this time we have not made such appli- cation and respectfully urge you to protest Mr. Pease's arbitrary and irregular action to the office of Mr. G. M. Dawes, City Harbor Coordinator at the Newport Beach City Hall. Sincerely yours, Dr. and Mrs. Oliver G. Howell 204 South Bay Front Balboa Island, California �I' 1 ; 1"i kms .. t,J�,< 1._ctt _� t v ., �;a _..) 1, .,_„ _. ., ,_ x., :,Ji�IF S,y p �. ... Uy i .,y. Poo, 120 sit t W_ i{ c Ax TWO nomy Wal Provo! As Kim, Veass chunw! ?, ,. F it ..... ci'kyo gip, _1,,.Y ,: .._. _. J .. .... ,... I 4 P f� ? � .� �% �y �r�.- ��� d -✓ V '�`-fib - C�l� (� 1 N p T I-.0 E. R PERMIT APPLICATION 258-204& /, Dr . and Mrs. Oliver=G. Howell have applied;.for a r permit to construct a pier, ramp -and float bayward at (their residence at 204 South Bay Front,_ Balboa Island. The City Council will consider the -application at its' regular meeting at MO P.M. on 14 July 1969. Inter- ested persons•.arefin�ited to attend or to communicate with the undersigned. G. •M. DAWES /r arb _ r and Tidelands Administrator 7 CITY OF NEWPORT BEAC. - - - CITY HARBOR COORDINATOR��� �� �� 4:,_ =' 3300 NEWPORT BLVD. _ /- U.�.uUSTAGE 4 JUL-81 9 i NF,WPORT BEACH. CALIF. 92660 CALF PU..JIE TCF -- 05 • ; 81405 x MR. JOHN MCCLURE 112 Emerald Ave. Balboa Island, Calif. NOTICE HARBOR PEWIT APPLICATION 258-204 :Di and Mrs. Oliver G. Howell have applied for a permit to construct a -ier, ramp and float bayward at their residence at 204 South Bay Fent, Balboa Island. The City C6 mcil will consider the application at its regular meeting at 7:30 P.M. on 14 July _I969. Inter- ested persons are invited to attend or to communicate with the tmdersgned. G. M. DAWES Harbor- and Tidelands Administrator U. - . Array Engineer District, I; Af @% Corps of Engineers P. 0. BOX 2711 Los Angeles, California 9005 Il3aJuly ilk Y 1 ! §N RECE3VtJ th Y frost JUL3 11968 CITY OF �J NEWPORT BEACH, � CAI -IF. r " Vowel[ t m is 0040 t yowl. rest 0#H Jaty 1469 for permission t I rar, r v are f I*at I! ft s Wpot Of VAQ hi 10" and WwIi tt t ter* ;pct of Conm"zvoroved mare 3, 1909, eatlt0 rookt � t for the wpt tlOft, lrio Vr"f-v ti rt # P0114 works on r1v4M ar4d rt*rtOrs, Ord fOr OthOr PurP Sseretary o "0 IngtalI a pier, r• 0d f 1oat to oxt I I foot 'bar-oard of ffA V I ortimad II t 10 f r0t Of I-ot 5, aleck , $06tion, 1P South fty fit, I I< l , "fir county,, ; 1 t rri[ # as shown tibto rA;� It t tII y the l.I tad fit"s f%q0tre on. l'rtrn io tho ptII tr•�e k herein t3 O I g "l r f tt ty the Arm t 0101 1 r1t t �trt � t the tree asV14010r. of SAW14.at ' tho owner ber 9 upon a4k s tt to j '3 t y -, ral ranav t r t � - vor or obtf -at i vloreby Withouta�S.ft te rho 31 to St t o as to rondar naf g ttan ra-1-0004bly froa, easy, and uttobstmets4. This tharIon dcos W alve Wf Oropforty a t , 01ther If., real _v-st o t rt # r- ORYVwIHvf # a $ and 4-00not hurl vt arvy 00�"t f I�' Staft, , off' I c #ewor r Aatli ' nor I! t * sta tl� m it o 0�pt l"J#g Staft 4,%sont ft the work t e'S aY Ut- IS M OF rHE Sv TARY OFtM A&MWI CF: City Engr, City of Newport Beach, CA Newport Beachv (dupe) r CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER U. S. Corps of Engineers Post Office Box 2711 Los Angeles, California 90053 Attention- Mr. Wendell E. Reece Operations Branch Subject- Harbor Permit Application No. 258-204 Dear Sir. The City Harbor Coordinator of the City of Newport Beach has approved the following Harbor Permit applications upon approval of the U. S. Corps of Engineers. Applicants Permit Numbers Location DR. & MRS.OLIVER G. HOWELL 258-204 Section 1, Block 3, 1/2 of Lot 2 & Lot 3 Balboa Island Street Address: 204 South Bay Front Balboa Island California CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER July 14, 1969 TO: MAYOR AND CITY COUNCIL FROM: Harbor and Tidelands Administrator SUBJECT: HARBOR APPLICATION 258-204 - APPLICATION TO: CONSTRUCT A PIER, RAMP AND FLOAT AT 204 SOUTH BAY FRONT, BALBOA I APPLICANT: DR. AND MRS. OLIVER G. HOWELL, 204 SOUTH BAY FRONT, BALBOA ISLAND RECOMMENDATION: If desired, approve the application subject to approval of the U. S. Corps of Engineers; or deny the application. DISCUSSION: A. The location of the proposed facility is the same location where Mr. Harvey Pease recently applied for a harbor permit. Mr. Pease's application was denied because the applicant was not the fee owner or long-term lessee of the abutting upland property. Dr. and Mrs. Oliver G. Howell are the fee owners of the property in question. B. The following harbor permit policies apply to this application: (1) No new non-commercial piers shall be recommended on Balboa Island unless it is in the public interest or unless it is at such a location that it is not usable for swimming or bathing. (2) All occupants within three -hundred feet of the proposed work shall' be notified in writing. (3) Harbor facilities may extend ten feet bayward of the pier headline subject to approval of the Corps of Engineers. (4) Dredging around floats shall not exceed a depth of two feet at mean low or low water along a line sixty feet channelward of an parallel to the bulkhead line. C. In regard to the utility of the location for swimming or bathing purposes, the City Council on 14 February and 10 July, 1961, adopted a resolution which identified this area as one of four locations on Balboa Island that were not suitable 'fof beach or swimming purposes and where piers at that time did not exist. On 11 December, 1961, the Council authorized construction of harbor facilities at one of the other four locations identified as not being suitable for beach or swimming purposes. In the case of Dr. an�l.Mrs. Howell's application Mayor and City Council - 2 - July 14, 1969 a recent personal inspection confirms the fact that there is no usable beach in front of 204 South Bay Front... D. With respect to the remaining provisions of the harbor permit policies all occupants within three -hundred feet of the proposed work were notified by mail on 8 July 1969. The proposed facility does extend ten feet bayward of the pier headline and would thus require approval of the U. S. Corps of Engineers. There is no dredging proposed due to the existing depths of water bayward of 204 South Bay Front. E. If the application is approved, it should be contingent upon the sub- sequent approval of the Corps of Engineers. M. DAWES 94D:sr a 1 _ t � � E� ✓ l UOL, - /_ e� `t i i (of { td' _ - 1�.�.� t. l:s✓4r�. L''_ i�: �'1 ��'�'7 .� � / � �� � �.� ��� "����i.�� s�� 6 - E _ tt� �.1 � - � � ��� -.. _ v ,ot _ J'f � •.� y r r �} Loc Z - T July 9, 1969 Mr. G. M. Dawes Harbor and Tidelands Administrator City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mr. Dawes: I have received your notice that the City Council will consider the application of Dr. and .Mrs . Oliver G. Howell for a permit to construct a pier, ramp and float bayward of their residence at 204 South Bay Front, Balboa Island. I have no objection to the City Council giving this appli- cation their favorable consideration. However, I do request that any pier and float which might be located in this area be spaced an equal distance between the two existing piers to avoid the possibility of interference with the use of the existing piers. Very truly yours, Robert ai� Jr 206 Souo Balboa Island, California cc: Dr. and Mrs. Oliver G. Howell