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HomeMy WebLinkAboutM2003-01015OR RESOURCES DIV. : I OF NEWPORT 13EACH A J'X 2 O',eqmo 7—T ,)-AAlcl-I oe 01z- E /,Z/- 0,7 T -91. q3,7 01 '(7 L PCA VICINITY SKETCH N"POrt Cdlirornla 0 C, U Traced From Lo5kqples U,5,E,D d,,�, 81SA-1 �5 o un c:/,'.-7 _9 5 :5' >�� /- e '� --s e c:,/ / �? /C'& & '- , �i EEL GRASS INSPECTION NO'EEL GRASS WITHIN 1.5'OF PROJECI 0 EEL GRASS IN THE PROJECT AREA Sit3NATURE South C OV.Dis trlpt Offied— APPROVEhr 'l P 1 Perrnit No. ftmmft.6� By.: EFFECrIVE Oz- A /v Date: ------ 0, SIC C n C -A )001 G,Lzncl Line CQ ----------zo, s(ZaIr //? -91. q3,7 01 '(7 L PCA VICINITY SKETCH N"POrt Cdlirornla 0 C, U Traced From Lo5kqples U,5,E,D d,,�, 81SA-1 �5 o un c:/,'.-7 _9 5 :5' >�� /- e '� --s e c:,/ / �? /C'& & '- , �i EEL GRASS INSPECTION NO'EEL GRASS WITHIN 1.5'OF PROJECI 0 EEL GRASS IN THE PROJECT AREA Sit3NATURE South C OV.Dis trlpt Offied— APPROVEhr 'l P 1 Perrnit No. ftmmft.6� By.: EFFECrIVE Oz- A /v Date: ------ 0, SIC C n C -A )001 CQ o -91. q3,7 01 '(7 L PCA VICINITY SKETCH N"POrt Cdlirornla 0 C, U Traced From Lo5kqples U,5,E,D d,,�, 81SA-1 �5 o un c:/,'.-7 _9 5 :5' >�� /- e '� --s e c:,/ / �? /C'& & '- , �i EEL GRASS INSPECTION NO'EEL GRASS WITHIN 1.5'OF PROJECI 0 EEL GRASS IN THE PROJECT AREA Sit3NATURE South C OV.Dis trlpt Offied— APPROVEhr 'l P 1 Perrnit No. ftmmft.6� By.: EFFECrIVE Oz- A /v Date: ------ 0, SIC C n C -A STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-03-399 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: November 20, 2003 (562) 590-5071 Page 1 of 6 Th 3c ADMINISTRATIVE PERMIT APPLICANT: Ben Anderson AGENT: Swift Slip Dock and Pier Builders PROJECT DESCRIPTION: Installation of two 8' x 9' dock sections with 4' x 8' lobes and re -decking of existing 8'x 14' dock. PROJECT LOCATION: 41638 1h Street, City of Newport Beach, Orange County EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, December 11, 2003 9:00 am Hyatt Regency 5 Embarcadero, Center San Francisco, CA 94111 IMPORTANT - Before you may proceed with development, the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director V _�4 .&nne Title: Coastal Program Analyst 5-03-399 (Anderson) Administrative Permit Page 2 of 6 STANDARD CONDITIONS - 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an ' Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Description The subject site is a waterfront lot located between the sea and the first public road at 416 38 1h Street, City of Newport Beach, Orange County (Exhibits 1 & 2). Public coastal access is available at the street end of Finley Avenue, immediately adjacent to the subject site. Residential development characterizes the subject site and the surrounding area. The proposed project involves the installation of two 8' x 9' dock sections with 4'x 8' lobes and re -decking of an existing 8' x 14'dock (Exhibit 3). The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. The site has not been surveyed for Caulerpa taxiltblia, therefore a pre -construction Caulerpa taxilfolia survey must be conducted. These eelgrass and Caulerpa taxiffiblia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxiffiblia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass or Caulerpa taxiffiblia are found on the project site, Special Conditions No. 2 and No. 3 identify the 5-03-399 (Anderson) Administrative Permit Page 3 of 6 procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged madne related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Quality The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Proaram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-03-399 (Anderson) Administrative Permit Page 4 of 6 SPECIAL CONDITIONS: 1. Water Qualitv A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone., (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In-watertop-side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potentlal water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. 5-03-399 (Anderson) Administrative Permit Page 5 of 6 (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Pre -Construction Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The prp-construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the, California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) .business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. , B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgr ass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: i m pact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 5-03-399 (Anderson) Administrative Permit Page 6 of 6 3. Pre-construiction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of anyl development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey,the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, Califomia Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia, discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including �but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia' No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: INVe acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature WStaff ReportsIDecO3�5-03-399(Anderson).doc Date of Signing MA SEE P cj CY) 'Lo PAR bus LS W6 dyw GAlki ON 31 AV 3vm VI d ;A t; .3A3W �gs� % I �� 1. AV 00"Y AV JF AV an t; ta AV PA, we 31L11 AV 10, Vd i5 all; is I'm LU4 z 3b . luj U CIT. Alsls m®r S 3L JS 9 N1 0 "1 L'T a 4, YC A KI 91 "01sw g Z: LLJ INYIPUN lis COASTAL COMMISSION EXHIBIT#- I g;i PAGE- L !OF GA19 HOV39A < ISE ti 6661 D-�)I�AdM ]3S E sr 0 STRE"Er t. W. J6 TH. ,IS G S G S 0 G 0 8 G, P - �k G) G Q, k �05 1. BULKHEAD LINE !Mo. 4o rH, W WA77ERWAY s rREc r rhf MAL rO BULKHEAD COAS 37 09 Z k. 7 1 E �o c5/ PAOE w as, ps, STRE"Er t. W. J6 TH. ,IS G S G S 0 G 0 8 G, P - �k STRE"Er t. kk --744'\ In W. J6 TH. SrREEr .�G S G S 0 G 0 8 G, P - �k G) G Q, k kk --744'\ In W. J6 TH. SrREEr G) G 1. BULKHEAD LINE W WA77ERWAY rhf MAL rO BULKHEAD COAS 37 09 Z k. 7 1 E �o c5/ PAOE HMBOS RESOUSCES DIV. 91TY Of: NEWPOFI-T BEACH fl 0. 0 Ground Line -113 S 01 0 J�; I 4 VICINITY SKETCH �4ewPc)rt &3Y CdiiFornla Traced from Lo5kqples �5OL//7&/1'795 CC,/ V 7 CY zo, &el0l"s 6-10— Lo, �,z�L scale -7A-. 014' 7'1.&e 101Cr &?as /-�O�l OF A�� two /V-") W� y A vz. 7�S v5W 5'X'Xn� 1r)le EEL GRASS INSPECTION 1 -�!(NO'EEL GRASS WITHIN 1 5'OF PROM 0 EEL GRASS IN THE PROJECT AREA 1� \j -s� IQ) See ;�-Rodje� v) l< j ')7 /00, PERMIT # THE �2,/ /f, COASTAL COMMISSION t . . ........ P�GE bF C -A �STATE OF CALIFORNIA --THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governo CALIFORNIA COASTAL COMMISSION tn SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 0 -,-)- 0 www.coastal.ca.gov Date: December 11, 2003 Permit No. 5-03-399 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVE NESS Please be advised that the Administrative Permit with the above permit number �"!_,h,,was sent to you on November 20, 2003. and was reported to the ,_".Commission on Thursdiiy,� December 11, 2003 is now fully effective.' Development of your project is subject to compliance with all terms and conditions specified in the Administrative Perm' it. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive Director �_5 By: ANNE L. BLEMKER Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION taT 0 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 October 9, 2003 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Mr. Ben Anderson c / o Swift Shp Dock and Pier Builders Attention: Beth Swift 2027 Placentia Ave Costa Mesa, California 92627 Dear Mr. Anderson: Reference is made to your request of September 11, 2003 (File No. 200301568-SJH). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are hereby authorized to modify the existing boat dock bayward of 416 38" Street, in Newport Bay, in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed) - In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch PERWITrEE EfATE' California Regional Water Quality Control Board Santa Ana Region Winston Hickox Internet Address: http://www.swreb.ca.gov Gray Davis Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor Environmental Phone (909) 782-4130 FAX (909) 781-6288 Protection September 16, 2003 Beth Swift Swift Slip Dock and Pier Builders 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED ADDITION OF BOAT DOCK-, BEN ANDERSON, 416 38" STREET, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, �,ilomeno (Jun) T. ire,, Jr. P.E. Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutagI841et California Environmental Protection Agency cc, Recycled Paper 10 OURCES DIV. �BOR RES RT 13EACH ,y OF NEWPO L yv � 4 f M. L. L. kV. z'o. o - 30, 20' L:-Ilvz- f VE, _30, If) a /,/- 0,4 T I T, C) L 5GA VICINITY SKETCH N�fwPort bdy CdIjFornia cl Traced From Lo5kqplef; U,5,E.D.d_�. MA -1 D C/e 0-7'_ lVejvocr� N /00, ------ OF Al��le K'. EEL GRASS INSPECTION )!(NO*HL GRASS WnIN 1.5'OF PROJEC �0 EEL GRASS IN THE PROJECT AREA see�Afkavll�o( 1A0QrVXd SIONAM IRE , 7-4/1 V13/03 R, P-ERM[T# DATE, 4 A/ 0, Scale 'L C -A /v /001 - ----------- 12�� Q� If) a /,/- 0,4 T I T, C) L 5GA VICINITY SKETCH N�fwPort bdy CdIjFornia cl Traced From Lo5kqplef; U,5,E.D.d_�. MA -1 D C/e 0-7'_ lVejvocr� N /00, ------ OF Al��le K'. EEL GRASS INSPECTION )!(NO*HL GRASS WnIN 1.5'OF PROJEC �0 EEL GRASS IN THE PROJECT AREA see�Afkavll�o( 1A0QrVXd SIONAM IRE , 7-4/1 V13/03 R, P-ERM[T# DATE, 4 A/ 0, Scale 'L C -A /v 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: Add two new dock sections to existing float. Use existing pier, gangway and pile. Property Address: 416 38th Street Legal Description: lHarbor Permit Number: 437-416 IPlan Check Number: 2374-2003 1 Applicant: Ben Anderson Applicant's Mailing Address: 416 38th Street, Newport Beach, CA 92663 Phone Number: 949-631-3121 3 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find o They comply with the current adopted Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance and any applicable specific or precise plans or, o That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: o Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. Tom Rossmiller, Manager, Harbor Resources Signature. / fifie'v Chris Miller, Harbor Resources Supervisor September 12, 2003 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH HAFIBOR RESOURCES DIV. PORT BEACH pi FARF PPINT R TYPF BUILDING DEPARTMENT CITY OF NEW , 1. PROJECT ADDRESS (NOT MAILING ADDRESS) n &r,--2tw LAT FLOOR SUITE NO. FIRST --'� OWNER'S ADDRESS �f I & Ii / 341 Y-t� LEGAL DESCRIP'l IUN CITY No. UNITS LOT BLOCK TRACT --- ZIR PHONE NO. 2. DESCRIPTION OF WORK — 4- USE jrl -5 v- f, P7 9 # OF-STORI ES le'4 2 WA -K-1 VALUATION $ NEW F� ADD E] ALTERA,:�j DEMO SQ FT (NEW/ADDED/EXTG) Check Appropriate Box F] 3. OWNER'S NAME A, n &r,--2tw LAT 12�� FIRST --'� OWNER'S ADDRESS �f I & Ii / 341 Y-t� , OWNER'S E-MAIL ADDRESS CITY STATE --- ZIR PHONE NO. F] 4. ARCH ITECT/DESIGN ER'S NTM—E LAST FIRST LIC.Oft OnY qFNEWP`0fTT BEACP ARCH ITECT/DESI G N ER'S ADDRESS CHITECT/DESIGNER'S E-MAIL ADDRESS 1: SEP 0 9 2003 CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LA T FIRST , vq STATE LIC. NO ENGINEER'S DDRESS I C EN INEER'S E-MAIL ADDRESS T�- Zip PHONE NO. —3/ / 6 - -5 y 9 —9/3 F-1 6. CONTRA�MOSAr '14 f5 -�T BUS�NE�S LIC. t� q�e 2 3 STATE LIC. No. 79�'�'OS Class CONTRACTOR'S ADDRESS /4t/e CONTRACTOR'S E-MAIL ADDRESS 0 ejAW'k �-o� j/� CITY STAT -, /F _A, TP—HqNE Ile 7 NO. OFFICE USE ONLY PERMIT NO, TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH 6hrlf i"1110 1711slo3 Eelgrass..,SurvR-.,,y.,,,Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted f6r the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying celgrass while ensuring that the required information is consistently documented. . Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Required Information Site Name: (common reference) 1 Survey Contact: 1(name, phone, e-mail) Permit Re erence: (ACOE Permit No., CCC Permit No.) Hydrogra hic System: (bay, estuary, lagoon, or A, harbor) Specific Location: (LTTM, Lat./Long., datuir4 '�416 5' 38Q accuracy level, attach electronic survey area map if possible) Was Eelgrass Yes, Eelgrass was found at this site. Detected: No, Eelgrass found /VO was not at this site. Description of Permitted Work - (describe briefly the work to be conducted at the site er e permits 1 ntifie above) I V, of Site: Depth range: [Description (describe the physical and (biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). �0 1 Substrate 1type: Temperature: a Salinity: Dominant flora: 62 /A/C /7 Dominant fauna: Exotic species encountered: Other site description notes: V, Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survev efforts. 0 " ther Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) ,ey date time 9& 30 izontal dlity in /0 pt-'� 1'6111-�l 'ey type meth Oods: & aensiry: Survey limitations /':�(C� A170(cf-56"-I a-� g,-11"- 109 PO/;9C'/"A Ave C, -f, -/c- lVe'5-, 3q3 3 -tI- A Ifor'l Eelgrass Survey Reporting Form (version 1.0, 6/20/03) 3 _j IX2 0',ef�wo ­AAn,1oe,4l1z u G to, 0 Aj 0 yv 0. 0 -ION pze /_00'Q7* 4. L510A C- cl-our�d Line C' 30, A VICINITY 5 K ETCH 20, ---------------- "WPOrt Bd)( CdOF&n ia 0 C, /V Traced from L05 A ng p es U. 5, ED, dy,,g. 8 1 SA- I D -n Scale /1'? /'7'C5F.N-, /-<P/7 ci- 0�o"' yl/&e :.9 07' -1VeW,00r7' <7y. N /001 ---------------- P_ 19F 44�le L /_7/N'L,�E y A 7tS r let ej( _30' et�� /001 PJO Q� 1� 0 7HE L T,--, rr) ,DZ AIV C—A 9 Z REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Mr. Tony Melum. Tidelands Administrator City of Newport Beach P.O. Box 1768 Newport Beach, California 92659-1768 March 5, 1997 SUBJECT: NOTICE TO PROCEED (File No. 97-00147-SDM) Dear Mr. Melum: Reference is made to your letter dated January 27, 1997 in which you submitted on behalf of Mr. John Rafferty who resides at 416 - 38th Street, a notification for the maintenance dredging of 203 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material on the adjacent beach. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 - GS provided that Mr. Rafferty's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot MLLW. If you have any questions, please contact Spencer D. MacNeil of my staff at (213) 452-3417. Please refer to this letter and 96-00147-SDM in your reply. Enclosure(s) Sincerely, A A NU Durnam. C ef, South Coast Section HARBOR PERMIT APPLICATION City of NeLAMort-Beach-Fire & Marine D=artment Please Print: (Front & Back) B.J. Rafferty 414 - 416 38th Street 1. Appiicant (Property Owner) Address Teie-p-Ho—ne 414 416 38th Street Newport Beach, CA 92663 2. Project Address (street address) Harbor Pelmlt # 3. New Construction — Revision Maintenance Dredging 4. Fee $200.00 Check No. 10 1 Date 1/26/97 5. Brief Description Of Proposed Work: maintenance dredging please mail permit to : Shellmaker Inc. 875 B West 15th Street Newport Beach, CA 92663 6. Submit 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. Existipqr ground profile, and area and rof ile of any dredgincr with elevations showing depth p r relative to MLLW 6. Elevations of top and bottom of piles and bulkheads withrespect to MLLW 7. Any.special conditions affectinq the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance Information 7. Applicant' s/Agent's Signature/`�e (-:-'I LA4_t�a -.Date 1/28/97 8. Work can begin once the City has received evidence of the following additional approvals and ynu have been notified t pro eed: 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 Con -mission. Date Approval of the City's Public Works Department. Date Approval of the City's BuildingDepartment. Date County of Orange. Date V/ Issued. (Pe=Lit is stanped drawing) Date -- Site Inspection. (-call 644, -30413 f atment) Date 'Site Re -Inspection. Date Cond-Itions: 75 I hereby affirm that I.am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) �ny 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 exen-ption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($5oo). I, as owner of the property, or my employees with wages as t e -3-r sole compensation 11 do thework, and the structure is not intended or offeredfowrl sale ( I 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 throuVh 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.) I, as owner of the property , am exclusively contracting wit icensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to anowner of property who builds or improve I s thereon, and who contract's for such projects with a Contractorl(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Pro-Fe—ssions Code for this reason: Owner Signature Date Contractor Shellmaker Inc. Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, I CA 92663 License Class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLARATICK I hereby.affirm that I am licensed under provisions of 94ter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions; Code, and - ,jW_J s in full force and effect. Contractor Signature,��L Date 1/2 . 8/97 PERMIT NO. ''DREDGING APPLICATION Project Locatign: 414 -,416- 38th Street Cubic Yards to be Drddged: 203 Method of Dredging:_ hydraulic suction N I ature of Dredged Material; sand/gilb 'Disposition of Dredged Material; nump nnhn ad4a cent b2ach Method of Material Disposition:: i)iDeline Turbidity Control Method: turbidity curtain --as reguired Effect of dredging on con tiguous .. bulkheading and beaches restores beagh.and rei-nforces bulkhead lo, LorpnZo C. M111pr hereby state that 1,have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, . the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of -existing use of the affected zone. Lorenzo C. Miller 5hpIlmnker Tnr,- (Applicant-type n—am-e)- ame)- (Contractor-type n January 28, 1997 2 (Date) Signedk_--n:,_� Is Cghtractor 41 7 Representative J. CITY OF NEWPORT BEAC14 HARBOR PERMIT PERMISSION IS HEREBY GRANTED To CONSTRUer AND MAINTAIN THE FACIUTY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF T14E HARBOR PERNT POUCIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS USTED HER . T141S PERMrr IS NOT TRANSFERABLE WITHOUT THE CONSENTOF THE CITY HARBOR COORDINA70R 0 COUNCIL THE RIGHTS GIVEN UN R T S PERMIT RE RMISSIVE ONLy AND THIS PERMIT EVO E C OUNCIL IN ACCW0 CE m 41 IlTyy BOR COORDINATOR 3-7 -Ilcllp-1 DATE V iSUIAED SUB�j -- Fe Z. �xi i4ZEDGE SEA I-st amendment STATE . OF CALIFORMA—THE RESOURCES AGL,—� PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION &04 SOL;�,H COAST AREA -�LANNING DEpARTMET41 ,V. BROADWAY, STE. 380 OF NEWpORT BEACH P.O. �,'�'OX 1,450 2A5 LONG BEACH, CA 90 802 4416 !'n 0 (310) 590-5071 'jin. I %.' AMENDMENT TO PERMIT AM PM 718,9110,11112111213141516 k Date: — 27 January 1997 Permit Number 5-96-102 issued to 13J. Rafferty for demolition of a residence at 414 38th St., demolition of a seawall across lots 414 and 416 38th St., construction of a new seawall, improvements to the residence at 416 38th St. and construction of a new residence at 414 38th St. a t' -4r 11 'At "a n d 4 1 ur 3 nu t 11-1 S t, . , Newport 'DeaLh, C'ounty of Orange has been amended to include the following changes: relocation of an existing pier and dock from the central portion of 416 38th St. to be centrally located between lots 416 and 414. This amendment was determined by the Executive Director to be immaterial, was duly noticed, and no objections were received. This amendment will become effective upon return of a signed copy of this form to the Commission Area office. Please note that the original permit conditions are still in effect. Sincerely, Peter M. Douglas Executive Director Title: Coastal Program Analyst ACKNOWLEDGMENT I have read and understand the above amendment and agree to be bound by the remaining conditions of permit number 5-96-102 Date Signature :bll 8425F N 41 +/'#) lo 17� .5*er::�7 6 xI G f =LD ^-7 m (�- ) 7� e;,< I '57� A �c lt!� P- I > 6 E �- — )c)x I -A- FLA-TV�OP-A' t>f-A D ECEIVEED, DEC 2 3 1"6 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT ,ROVED lb ?r- I a Rbft7� a � / 6�C ( I- FCA7PO12-� () 6dr- &'7X('577A L RE3 z ... Nog:M PO 0 �j CITY OF NEWPORT BEACH Q -Z PO. BOX 1768,114-EWPORT BEACH, CA 92658-8915 -q 0 April 3, 1996 Guardian Title Escrow 2121 E. Coast highway Newport Beach, Ca. 92625 RE: Harbor Permit 437-414-1 for 414 38th Street, Newport Beach. # 5-9518-G Sirs: Regarding a pier permit transfer for the property located at 414 38th Street, the structure was re -inspected on April 3, 1996, at which time it was determined that it conforms to City standards. once we have the Transfer Application card,.,,with the signatures of both the buyer and seller, the permit will be transferred. Sincerely Aes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach Sep -25-96 10:44A Inc 714�1'—'3 5315 P.01 Company : Date: Time: Attention: FAX Number: Sent by, FAX Number: 4 1A11) /9 (714)548-5315 This transmission contains A- pages i . ncluding this cover sheet. ,O/V xww- li"Ovj- / J�J-1&�L,6 /), AV17W11Vj- SHEL06.wpd Scap-25-96 10:44A Inc fjq,�?9� '96 10: ZZO 70 GORY ASSOC. 4 546b-57,'� W Please Print: (Ftont & Back) 7141–F—S 5315 3. NeW Revision Maintenance / Dred 4. Fee Check No. -7,9. -) _ _g DaEe— 94F.2,m ,5- Bri0f V4W0riP5ic= Of Prc9osed Work: AJV 4' V -P-' ... P-02 Approval in C=Cept, Date Approval of the CitY of Newport Beach Council- Date AWroval of the Army Corps of Engineers. Date Approval of the CalifQruia Coastal Commission. Date sit* Date -3;rZ0'/?A/WR ANCHOR PILE .1 N ou,:7.1 Line I r 11 -Of n -N 0 FIL E 0 /C AINILE r A VE .3o' 00 n 1z -DZ- A /V 0 /0 .6-0 /00 ,5 Ca le Fee 0 �1 d ru lu -4 Of li3;��IIAI NE Pr .At 6EA H BA BOA LOCA 7*/C/,/ 4 LBOA eA r 'I ff r, R 0,,, VICINITY SKETCH- 0 DR Newporl- Bay California GRAPH11- SCALE -tLES Traced From LwAngeles U.S,E.D d". SISA-1 50(1,-7cyli-gs '0%re." dw,?Cl Gp1E-"0;"e AI,--.aPP7 LC�W-C-,r- 4OW 0,4, 71lee /0,09, 1-1;7es t2cl- eoylabllsbed /�7 Oecfiol? OF Newjzct-� Bay. P1 VO A L TO D-+.: If " ........ 1.. .1. .., 71 a) 0 ID Q) 0 15 IZ 1z -DZ- A /V 0 /0 .6-0 /00 ,5 Ca le Fee 0 �1 d ru lu -4 Of li3;��IIAI NE Pr .At 6EA H BA BOA LOCA 7*/C/,/ 4 LBOA eA r 'I ff r, R 0,,, VICINITY SKETCH- 0 DR Newporl- Bay California GRAPH11- SCALE -tLES Traced From LwAngeles U.S,E.D d". SISA-1 50(1,-7cyli-gs '0%re." dw,?Cl Gp1E-"0;"e AI,--.aPP7 LC�W-C-,r- 4OW 0,4, 71lee /0,09, 1-1;7es t2cl- eoylabllsbed /�7 Oecfiol? OF Newjzct-� Bay. P1 VO A L TO D-+.: If " ........ 1.. .1. .., 71 logo 2121 E * Coast Hwy.,#1 20-B Corona Del Mar, CA 92625 GLAMMN (714) 644-9390 T I I i I - C 0 M P A N Y 9 9 C R 0 W - D I V I S-1-0 N FAX: (714) 644-2825 LA April 24, 1996 ATTN: WES ARMAND CITY OF NEWPORT BEACH - HARBOR INSPECTORS OFFICE 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92660 RE: 414 38TH STREET, NEWPORT BEACH ESCROW NO.: 5-9518-G DEAR MR. ARMAND: IN RELATION TO THE ABOVE MENTIONED ESCROW WE ARE RETURNING THE PIER CARD PER YOUR INSTRUCTIONS. WE WERE ONLY ABLE TO OBTAIN THE NEW BUYERS SIGNATURE, UNFORTUNATELY THE SELLER IS ON HOLIDAY IN AUSTRALIA. TONY FROM YOUR OFFICE SAID THIS WOULD NOT CAUSE A PROBLEM. THANK YOU!! SINCERELY, GUARDIAN TITLE ESCROW DIVISION LYN B HTIGER ESCROW ASSISTANT NAME ---1 ?AD JA I e71=2r 16 - " APPROVED BY: DATE OCHD ENGR El C�OUNC I L VEI DEPT. ESCROW INSPECTION FACILITY ADDRESS OF PROPOSED PERMIT # 3Y E EPHONE' 7 Nu. DATE 7 1 APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO CONSTR-E;)- '7Q'lawe AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF NEWPORT BEACH PERMIT POLICIES AND T ' HE ATTACHED DRAWING By aAza's"-;A - COMPANY DATED DATE SIGNATUR CITY OF NEWPORT BEACH, CALIF. WX FORM 68-1 ol 0 HARBOR PERMIT APPLICATION Cit-y..of NeyMort Beach Fire &_ Marine Dmartment Please Print: (Front & Back) . - It-hn 14 1 (. /L1 I R- s 3. New Cinstr ,iotion Revision Maintenance I/ Dred i gi 19 4. Fee Check No. -190 Date 2 417 5. Brief Description of Proposed Work: re_a�,r, 6. Submit 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 dredgi�iV 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 affectincr the construction or affecting boating operations. 7. Owner Bullder/Contractor Declaration/In.surance Information 7. Applicant I s/Agent I s Signature Pre s - Date 2-3/ 1 cik jj;�c AL 8. Work can begin once the City has received evidence 'of the following additional approvals and you have been notified to proceed: 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 Commission. Date Approval of the City's Public Works Department. Date Approval of the City's Buildlfn(og'O&ZpZ�rtment. Date County of orange. Date issued. (Pe=it is stamped drawing) Date Site Inspection.(call 644-3043 for a=ointmment) Date -- Site Re -Inspection. Date Conditions: 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) �ny 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 pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as tHe—ir 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 throuqh 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.) I, as owner of the property , am exclusively contracting wi-t=icensed 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 with a Contractorl(s) License pursuant to the Contractor's License Law). --- I am exempt under Sec. of Business and Profe--ssions Code for this reason: Owner Signature Contractor Address Telephone Date License Class State Board No. City License No. LICENSED CONTRACTOR'S DECLARA .TION I hereby affirm that I am licensed under provisions of gmpter 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 CITY OF NEWPORT BEACH CITY -OF NEWPORT BERCH UPPER MM NEWPORT w MY BRLDOR �IRC,rF-,,C tj OCERAI PIER WEST YICINITY MRP JETTY EFGT PFff ILE 1 10' MfM MY, JEM SOUNDINGS ARE EXPRESSED IN FEET FIND DENOTE ELEVhTIONS BASED ON MEAN LOWER LOW WATER. T I JL /I IL:: 1E, / yo 1, To PLAN VIBN lw = 40' .RPPLICRNT'S NAME JO"N 12A r-rC-)?7'y '..jJOB ADDRESS 41C -38,xh DATE 9./6 - r-lk1LE-_Y 4VE--. 00 /4- T I JL /I IL:: 1E, / yo 1, To PLAN VIBN lw = 40' .RPPLICRNT'S NAME JO"N 12A r-rC-)?7'y '..jJOB ADDRESS 41C -38,xh DATE 9./6 - �17 Y I IF BEACH i OF N;P !,"POR! HARBOR PERMIT -,c'PMISSION IS HEREBY GRANTED TO CONSTRUCT AND MIAINTAIN THE FACILITY S40WN 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 PER -MIT NOT TRANSFERABLE =UT THE W EN CONSENT 0 THE CITY HARBOR CO TOR 0 Cl COUNCIL THE RIGHTS GIVEN UNDER THIS PERMI RE ERMISSIVE ONW� AND THIS PERMIT MAY BE/ RE ED BY HE CITY Co CIL ?N ACCORDANCE T rLE T MUN�ICIPA �COQ RBOR COORDINATOR _RN111T NO, DATE MEMORADUM Newport Beach Fire and Marine Department Marine Environmental Division Date: December 16,1996 To: Shellmaker Inc./Plozi Miller From: Tony Melum, Deputy Chief Subject: Pier and Dock Revision at 416 38th Street I went over on December 16 and inspected the site for the revised pier and float bayward of lots 8 and 9 on 38th Street. It appears that the drawing that was originally submitted for the bulkhead is inaccurate and the bulkhead in fact is not on the bulkhead line but considerably landward of it. What we need to do to process this correctly would be to get a revised drawing showing the actual location of the new bulkhead, relative to the bulkhead line and then, depicted on that drawing the bulkhead line and the proposed revision to the pier and float. Once that is done it looks like, based on the locations of that bulkhead and the adjoining bulkhead, as long as you remained 18 feet from the existing bulkhead minimum, you would meet the requirements of the policies. This is probably a little too much for a letter, but if you need to give me a call or come back in and we will discuss it. Sincerely, Tony Melum �C�,LTY OF NEWPORT,BERCH CITY OF NEWPORT BERCH NEWPORT W BRY -r//, 0 ol BRY Y'snAq, RC_rrC AID OCCRIv PIER WEST JETTY PROF I LE I w 90' VICINITY MRP EMT NNW MY, MIFUM JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WATER. 3 v k 6 -x x Aj Ca a r� a, - � 9 (A Byz - I -n q vA 61r,v ex, s iv ",3 LAI Me vJ -2, 14AIe h1V -X 41b MARINE DEPART' M, ENT,, Al PLAN V I EW 1 50' joB ADDRESS V16 �3 841 S -+(,r — FPPLICMRNT'S NAME RAFFEP,,-FY TE 3 -�, T -T -r//, 0 ol BRY Y'snAq, RC_rrC AID OCCRIv PIER WEST JETTY PROF I LE I w 90' VICINITY MRP EMT NNW MY, MIFUM JETTY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVRTIONS BASED ON MEAN LOWER LOW WATER. 3 v k 6 -x x Aj Ca a r� a, - � 9 (A Byz - I -n q vA 61r,v ex, s iv ",3 LAI Me vJ -2, 14AIe h1V -X 41b MARINE DEPART' M, ENT,, Al PLAN V I EW 1 50' joB ADDRESS V16 �3 841 S -+(,r — FPPLICMRNT'S NAME RAFFEP,,-FY TE 3 -�, T Cl r Y, &—f-,4C,,I-1 r lb. AF I- kv AO C% 0 74 PIC& wirvr Jr VICIPJITY SKE T C H Try locci4 NxwpoRr 1 5 A Y/ CAL WoRNIA 'fe A P -1. 1. Jerrr 5'0 41,17 9 5 OPe &x,-,-cs-5ec( /P7 ycee?, Onc� cvdwo/e 0'49P�AZ; belOW ILICOA-7 LOWe.- c Ore t;7 O?r,VCW ,aO, /00 I do$ 7-0 VJ �Q T SA A: OA?pj_1CAAJ-rS A44" ec , 7 7-,zA c7- AODeSSS !�/4 NAM MAILING ADDRESS I MOVED By,:, ATE ENGR COUNCIL PUBLIC WORKS DEPT. ESCROW El INSPECTION 11111AL UUNDITIONS: I bL:ACH PERMIT POLICIES AND THE A .114AHE�D DRAWING CITY OF NEWPORT BEACH, CALIF I.R. COMPANY �1- - ' BY, lullf=l) DRAWING ------------- DEPT. DATED COIVIPANY� DATE INSPECTIOI, - ---------- SIGNATURE, ---------- 'SPECIAL CONDITIONS: or 10F CITY NEW-p�o�R- NEWPO TT BEACH -A CALIF-. ------ W)l Fl.. --- FORM 68-1 ol o CITY OF NEWPORT BEACH CITY OF NEWPORT BERCH NEBW410U UPPER BRY ISLFM r BRY -E;e, "'RCIF-IC BwRqLLJBMOR MM PIER OC,CR/V WEST jum VICINITY MRP EFST PROF I LE 1 90' MfW MY, DUFMaR 'EM SOUNDINGS RRE EXPRESSED IN FEET RND DENOTE ELEVATIONS BRSED ON MERN LOWER LOW WRTER. Z (A 13 1-< w2 -4 7z:) . "lle"ov e'x?S'j Ll 114.1 C LAY t . Jc" i;z PLAN VIEW IN =50' IRPPLICRNT'S NRME RA FFEI�-TY JJOB RDDRESS I DRTE -�,g-7 S- STATE OF CALIFORNIA—THE RESOURCES AdEN`C�Y PETE WILSON, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 2A5 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-"16 (310) 590-5071 Date: 6-19-95 Wai ver 5-95-106 Tif ;NT NOTICE OF PERMIT c. y 0 r. �q, NAIVER EFFECTIVENESS JUN 2 99' AR Applicant: John Rafferty Please be advised that Waiver # 5-95-106 which was reported to the Commission on June 16. 1995 became effective as of that date. Any deviation from the application and plans on file in the Commission office may require a coastal development permit for the entire project. Should you have any questions, please contact our office. PETER M. DOUGLAS Executive Director By: 41&&�7t'2424 V U Title: Staff Analyst E6: 4/88 4636F JA/lm STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-"16 (310) 590-5071 TO: Karen Torkildson Swift Slip 500 30th Street Newport Beach. CA 92663 Date: May 12, 1995 V SUBJECT: Naiver 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 # 5-95-106 APPLICANT: John Rafferty LOCATION: 416 38th Street. City of Newport Beach. County of Orange' PROPOSED DEVELOPMENT: Widen the existing pier from four feet to ten feet. The pier length of fourteen feet would remain the same, as would the existing 3'x2O' ramp and 8'xl4l float. RATIONALE: The proposed development has received clearance from the Regional Water Quality Control Board. The proposed development would not have significant adverse impacts on coastal access, coastal resources, or public recreation opportunities, and is consistent with the City's Certified Land Use Plan, past Commission actions in the area, and the Chapter Three policies of the Coastal Act. This waiver will not become effective until reported to the Commission at their - June 13-16. 1995 . 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 by: CHARLES DAMM South Coast District Director cc: Commissioners/File 4344F:jta I r NAME a 9-b MAILINd- ADDRE' same RE AILIN B Y G 8 APPROVED BY: OCHD 0 ENGR �COUNCIL -PUBLIC WORKS DEPT. ESCROW INSPECTION El_ - El 111CIAL CONDITIONS. ADDRESS 5F PR0P:)SEO FA::ILITY PERMIT# CHECK NO. DATE TELEPHCI 1- 8 APPLICATION IS HE BY ADE FOR HARBOR PERMIT TO J THE A:BO�E CATIOI`i'IN ACCORDANCE WITH THE CITY 05 WPORT E3E: H PERMIT POLICIES AND THE ATTACHED DRAWING Int acoasta-l.-Dre-d g ng COMPANY DATED DATE STGNATU E 0 ,,.,IT 111EACH, ClUl CITY OF KEWPORT,� ACH ,,,C RE ..... ........ ga �EMGR, �INCE WITF� Tl�,E-CITY OF Ii�fP6RT 66k�:ii PERMIT POL11' PIES AN,D'TFFE�,A�,TTA,CH:,ED,"D,RA:WTN�G '-COUNCIL' ut 'DEPT F,� L: DA, e L N PIT', T kE V. CITY OF KEWPORT,� ACH ,,,C RE BUYERS' NAME(S,).,,,, ADDRESS OF FACIbTY: PERMIT # 4 44 MAIL ING ADDRESS CHECK NO. DATE APPRoVkD By- DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PERMIT El OCHD ENG (ABC ro BE P D) L El WORKS; El.: SIGNATUR E OF SELLER 5IGNATURr,rOrf�3UYER �iLffiil.IC �',D:E: T. 4� f Row �j SIGNATURE-OF"8ELLER, SIGNATURE, 0 -BUYER -A! PERMIT # BUYERS' NAME(S) ADDRESS OF FACILITY: oil CHECK NO. DATE MAILING ADDRESS DATE APPLICATION IS HEREBY MADE TO TRANSFER HARBOR PER141T APPROVED BY: OCHD (ABOVE NAMES TO BE TYPED) ENG C(*� NCIL,'- El SIGNATURE, OF SELLER, SIGNATURE OF BUYER, 0'utiLIC W69KS L-1. E RE,OF� SELLER uk 7 - 0 IN SIGNATURE OF JOINT OWNER APPLIC -AT'<) APP R D �':(DAT STATUS SHEET,-_,-, HARBOR PENMITS TRAMFER -7 LOUTIO Buyer �Ile Date Fee he'v:- Date Application MCI V': Oral Request for -Inspection' (0410 Date Escrow Cc Escrow Escrow -office /0 Date inspection Made Date Deficiency Letter Sent (if appli 1. cable) Date Deficiency Corrected (if applicable) Date Orange county motified (if applicable) Date Transfer CoMleted ----------- 1. Location: 2. 3. Electrical: T 10� InSpector's Initilkls--- PO 16� CITY OF NEWPORT BEACH Z P.O. BOX 176&, NEWPORT BEACH, CA 92659-1768 /r 0 October 28, 1991 Mariners Escrow 4 Corporate Plaza newport Beach, CA 92660 Dear Sirs: The City of Newport Beach Marine Department has received a request to transfer pier permit 0437-416 for the property located at 416 38th Street, Newport Beach, CA. The facility was inspected on 10/23/91. 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 -approved anti -syphon device is required 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 handrail should be continuous the lengthof the gangway. The Newport Beach City Council Harbor Permit Policies state: 10. D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical And structural requiremenmts, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." A permit for plumbing or electrical work may be obtained from the Building Department of the City. PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we have been notified, the structure will again be inspected and when the requirements have been met the pier permit will be transferred. Included in requirements for transfer of the pier permit is the $300 transfer fee and the signed transfer card. You can telephone 714-644-3044 to request a reinspection of the structure. If you have questions, please call this number. Wes Armand, Marine Department 3300 Newport Boulevard, Newport Beach -z t D t37 I G '01 /,/-- 0,4 r Ground Line 0. 20, 1Z to, P11v1-'E y 0 P1 --R 1-0cqr1ov , 4, C., A, / C VICINITY SKETCH Mewport Bay Cdlifornia Traced from Lo5Anqples U,S.E.D &4 r Ct ROrqA DEL 'M'A'R 0 cle SISA-1 -Z)-OL1"Cr1"79S 4---Ntpre-S�S C -Cy' in' O'i�'eY' !?1701 GA�"Oft cy'ep,'b.s bcr/bw A-Ap..�Pe7 Lovver, Low AfC5?.V. .016P/7 Cr OiC' ;AleC ,S�p 101t IAW-bo,- 11;-7es not 1)7 t1pis .5ecyoLion or or Wewpori� Day. /001 AVE. Of 2 C) t 7 '4 IN �4 < 0 0 -4 ro QQ I 0 P1 --R 1-0cqr1ov , 4, C., A, / C VICINITY SKETCH Mewport Bay Cdlifornia Traced from Lo5Anqples U,S.E.D &4 r Ct ROrqA DEL 'M'A'R 0 cle SISA-1 -Z)-OL1"Cr1"79S 4---Ntpre-S�S C -Cy' in' O'i�'eY' !?1701 GA�"Oft cy'ep,'b.s bcr/bw A-Ap..�Pe7 Lovver, Low AfC5?.V. .016P/7 Cr OiC' ;AleC ,S�p 101t IAW-bo,- 11;-7es not 1)7 t1pis .5ecyoLion or or Wewpori� Day. /001 AVE. Of 2 t 7 '4 IN �4 < PL.AA1 -Sol /001 in 'C -""L � /"C-. /r-- / v U /-I i— / LA Proposed Pierand Landing Float Newporf Bdy Newport Beach, Ca I i fo rri ia byt JQWY*WO1V& 46jeO#V1V JUL. �- 2-6. 19'*4'5 * ;Irzo' RA112P X1V4r,,HOq 1"ILE 101 77F-117 53' LBOA VICINiTY SKETCH11- Newport Bay "alifornia c 'e <,P�PHI� SCALE -4LE5 iraced From L05Anqples U,S,E.D. dyAg. 81SA-1 J)EL MAR i17 0 e "O' -Ox e.5jc7.b11s126lO( 1�2 -7 5ecilo,-2 oF New,,00,-� Bc_y. T �"2 0'; 0 ,,z L IZ cl-) Lu V��j -.4 N :� r, j < /00' >1 .4 -D.1 -A /V ,5c,5,/e P/ vo A Z— I U -V 7-� PROFIL'E 5c -.Ie //7 =-cc 71 ,,a-IIVI-,E K A VE 101 77F-117 53' LBOA VICINiTY SKETCH11- Newport Bay "alifornia c 'e <,P�PHI� SCALE -4LE5 iraced From L05Anqples U,S,E.D. dyAg. 81SA-1 J)EL MAR i17 0 e "O' -Ox e.5jc7.b11s126lO( 1�2 -7 5ecilo,-2 oF New,,00,-� Bc_y. T �"2 0'; 0 ,,z L IZ cl-) Lu V��j -.4 N :� r, j < /00' >1 .4 -D.1 -A /V ,5c,5,/e P/ vo A Z— I U -V NO. Z(elzf -0 - DREDGING APPLICATION Project Location: );i), 18th Street Cubic Yards to be Dredged: 100 Method of Dredging: draulic suction Nature of Dredged Material; Sand/silt Disposition of Dredged Material: Pipeline transport to beach reelaimation area. Method of Material Disposition:__Lpeline transDort Turbidity Control Method: Reduce discharge velocity/turbidity curtain Effect of dredging on contiguous bulkheading and beaches .Reinforce/protect bulkhead -restore Sand to depleted beach I ? - A 1'k "C"i t A -.q , hereby state that I have read the U. S. Army �(print nal -fie ) 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. _T).11SLVt= R.Q.Q'h Mpt�H_Cant- type name--)------- TU&-n�-Er-actor- type am 71/1b /8-1 S i gned: 4 0// ntrac or Representative P P -41 CITY OF NEWPORT BEACH MARINE DEPARTMENT (714) 640-2156 April 7, 1980 Mr. Frank Puck #20 Gretel Court Newport Beach, CA 92663 Dear Mr. Puck: The annual Pier Administration billing for Harbor Permit No. 437-0414 for the property at 414 38th Street was returned to us as undeliverable. Our records indicate the permit is still in the name of Duane R. Raab, but that the water bill,for the property is sent to you. If Mr. Raab no longer owns the property, the Pier Permit must be transferred in accordance with Section 17.24.030 of the Newport Beach Municipal Code. Please contact this office as soon,as possible so this can be accomplished. Si.ncerely, Tony Melum// Tidelands Administrator TM:mw City Hall - 3300 Newport Boulevard, Newport Beach, California (92663 �V3 7 - CITY OF NEWPORT BEACH I F0 ifit August 2, 19 79 'Mr. McNaughton_ �416 38th Street Newport Beach, CA 92663 Dear Sir; On July 13, 1979 the Newport Beach Marine Department informed you by mail of a delinquency in ,,,Your annual Pier Administration Fee. Since we have not heard from you, it will be necessary for the Marine Department to recommend the removal of your Harbor Permit to the Newport Beach City Council ''at their next meeting, Which will be held on August 13, 1979. If you have questions in this regard please contact the Marine Department at 640-21;6. Sincerely, Tony Melum Harbor Inspector TM -.mw City Hall 3300 Newport Boulevard, Newport Beach, California 92663 LU o 4 AM w z Z) LLJ 2 ce 0 2 LU < C/) LL LU UN so, x H. 0- ce) (0 CD. x 0) uj C-) �oz 0 Co uj C) Q) Co. M CK I,, - OK, lz 0 z C.) cot N uj Q co z 0) uj 3K F4 i �r - I .., X: C) 2,> 0 1-4 x CC 11 x w uj -4 � LL >< > LU %m o U, x LU lj�.* W,� -j < D 0 uj U. 0 p. (D 0) 0 OD Z , 0 3: M U. V-4 3* zCO 0 x < Cc UJ CK 0 0 10 cr� -j M C) CD W z Q. 'o w Z 9L -j j cz, W u f. a) 0 ui V) Z te). LU 0 04 Lu 1�- V) 4n CD uj < co 7- V) a. co o Q) CL OD W U. 08 CL ck. z 3c =L M. l< 9.4 uj (D tu r z CU E 1.4 4-4 CL uj cz go W -A uj 0 uj uj w z 39 UJ (.1 W, t-4 Z: (n f-) DATE, -,3 TO: 1:1 OYOR D GEN. SERVICES D COUNCIL El LIBRARY EIMANAGER El MARINE El ADMIN. ASST. El PARKS& REC. OATTORNEY 0 PERSONNEL El CITY CLERK El POLICE 0 COMM. DEV. 1:1 PUBLIC WORKS 1:1 DATA PROC. El PURCHASING El FINANCE 11 TRAFFIC El FIRE .11 UTILITIES FOR: El AC ThON & DISPOSITION 11 FILE 1:1 INFORMATION 11 REVIEW& COMMENT ORETURN' :7MARKS: A i Z uj z w ::> 0 � ; LLJ < Joe LL LLI ce LU LU C6.". (D ca ui uj 0 co QL M co o 0 z LU Q co z 04 CD -I 0-4 < — — ui i r > X� ui U- 1-4 tr mox. < a. 0 LAJ W, M 0 LL > —, x LU -C -i < X =) 0 x 0 0:>m Z U4 0 M X U. "i q*L 0 '4 W OK 0 co im; z C3 z 0- ui 'o. )ZO CL z 0 G 0 —4 —4 cu zu C; (_) 0 uj u0 z x at z (n C) uj 0 ;e < ce Uj uj cm W ,(Y-. #-- z 0 LU ('0) Z —1:5 Uj ACt < Ca Z V) CID co 0 z CD W z D ck. ui Ct. Z L4 0 0 cc 0 'IM r4 Uj X (D ui cc %t z cu E C) z u a) CO C ui z a- U - LU 0_ ui uj >- 3; w (n ui W- 4eq 3, MARINE SAFETY DEPARTMNT 70 Newport Pier March 140 1973 Y-ro D6 R. Raab 414 -38th Street Newport Beaci.j, Calif. Dear Mr, Raab,* Pier Permit #437-414 for 414 - 38th Street, Newp Beach is registered to 'm=. wc-iss. ort Mr. Heisst after receipt of the pier registration advised this office that the property has �L -11"L - been sold to you. 1' It'"s is correct, Toye will' need a harDor permit transfer application and correspond- 'ing fee as required by City Ordinance 17.24.030. At your earliest convenience, please advise ':I -.is Off':Lce -i-f you have acquired this -tproperty so that i.,ta-,-r make the necessary a-d1ninjs-�-r- , e transder. Sincerely, D* Harshbarger, captain M Earine Safety Department DH.-lf 10 MARK R. WEISS 2930 JUANI TA PLACE, FULLERTON, CALIFORNIA 92632 CITY OF NEWPORT BEACH March 1, 1973 Mark R Weiss 2930 Juanita PI Fullerton, Ca Harbor,Permit No. 437-414 PIER REGISTRATION FEE . . . . . . . . . . . . . . . 10-00 The above annual fee is in accordance with Newport Beach City Ordinance No. 1322. Direct all inquiries to Marine Safety Department. Please make check or money order� paya ble to City of Newport Beach, and,mail to: Finance Director, City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 This fee is due and payable within 30 days of the above date. :-'TURN ONE COPY WITH CITY OF NEWPORT BEACH March 1, 1973 Mark R Weiss 2930 Juanita Pl Fullerton, Ca Harbor Permit No. 437-414 PIER REGISTRATION FEE . . . . . . . . . . . . . . . 10.00 The above annual fee is in accordance with Newport Beach City Ordinance No. 1322. Direct all inquiries to Marine Safety Department. P I lease make c.heck.or money orde,)�� paya . ble to City of Newport Beach, and mail to: Finance Director, City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 This fee is due and payable within 30 days of the above date. L 1� EASE RETURN 6NE COPY WITH PAYMENT UT ---- - --- -- -1v 41 44