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Home My WebLink AboutM2007-0010APR -3-2007 13:59 FROM:SWIFTSLIPDOCK.COM 02/06/2007 04:20 805-486-2321 U t - (949) 631-3122 TO:7230589 P.2 KAREN GARRETY OD PAGE 02 C949) 631-3122 MiS054S(54419 P.2� ..14ARSORRIESOURCE861V14 .11 Sn Haftr Island D NOWW Beach, CA 92660 .';t" 19.0444-3034 1 Fs X Q4942 Pier Permit Cond-Itions Octdbor i3,20DS- Property Address: 4020 Channel Pl, Newport Beach, CA 92de3 With reference to the planscurnontly under consideration to reconfigure or modify the dook system, the fb0owing qondItionsM11 now be In effect on the above nsfa.rancad:pIer. 'I - The pier pofmittee Is swam of ths Harbor Permit Policies and ChapW I I of the City of Newport Beach Municipal Code. The pler.pormittoe undervWnds'that the above referenced pier Is under the. purview of thass Policies and Codes. 2Any fut4r* woric on the above mentioned pier requires permits with the City, of Newport Beach and any other sipplicAble apeneles, Painting, replacement of rO r*113 and work considered to be oosmefle In nature does not require a permit. 3. The conditions 3ot forth In this doGument pertain to the current, propoaad dock syistem under consideration. My future modifloations or aftercttionk. Ild the dock System.may require new condItIgns which may override or change these conditions. ThOse conditions all natt conditions associated with this properly. 4. Only Marine oriented uses are- allowed on the pier. plar platform, gangway and float. Patio furniture, pJants * etc..are not peftftd. 5. Your si.de property fints extend In the water along #Wr same hearing. Vauels shall not 00 encroz!ch upon the neighbor's property on either elde. 0. Vost.els may not extend beyond tht end of the float by mom than the Mdtfi of the.Ir beam. 7. The maximum, beam of a Vemml that Is permitted to side go to the vmstemMost side of the 8. The maximum beam of a vessel that Is permitted to side tio to the easterntost aide of the finger Is 9'. Joint Pier Applicant Signature (if applicable) Print Name Date U ,,4,(q ��, - o - C) 7 r -f WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATION (9 CITY OF NEWPORT BEACH BUILDING DEPARTMENT 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. �0,>-o OWNER'S E-MAIL ADDRESS CITY LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT F] 4. ARCHITECT/DESIGNER'S NAME LAST 2. DESCRIPTION OF WORK Ea 5 Iva -t -a 10 1 X / 6 USE -0 0 wz at/ el % t -e_ X # OF STORIES VALUATION NEW [y ADD E:] ALTER E] DEMO SQ FT (NEW/ADDED/EXTG) Check ADDroDriate Box for ADDlicant F] 3. OWNER'S NAME LAST <��/4efv FIRST wy^j'q<� - OWNER'S ADDRESS f A I L(O 0 OWNER'S E-MAIL ADDRESS CITY STA ZIP PHONE NO. (0 N F] 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS A NER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. L52 z ley -r) m C, -5 00 I / q ENGINEER'S ADDRESS f --FE-NG-INEER'S Nigel'tIq ' E-MAIL ADDRESS 2- 500 JZ�� C ,nly)"110 --w-ZOO I CITY 5 STATE AID 'Ar p 6n 6nd4Z_ ZIP C7 07-?) PHONE NO. '31(9 5qg---31'32 F] 6. C6NTRACTOR'S NAME 'pir$F ACk; BUSINESS LIC. STATE LIC. -511"(? 20,4� . f34Z:7jjZ2-73j_No.7?;705-0 ciass /4 CONTRACTOR'S ADDRESS -Ocr &UUO CONTRACTOR'S E-MAIL ADDRESS 2- V Z 7 ALle-- CITY STATE ZIP PHONE NO. c-, A 7 OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new 1 O'X 16'float with 2-12" concrete pile. 3'X 24'gangway, use existing pier. Address number must be stenciled on at least 1 bayward facing pile. .Pier conditions must be signed by applicant prior to final approval. jProperty ddress: 4020 Channel PI, Newport Beach, CA 92663 Legal Description: lHarbor Permit Number: 441-4020 1 IPlan Check Number: 2177-2006 jApplicant: Patrick Garrety Applicant's Mailing Address: 4020 Channel PI., Newport Beach, CA 92663 Phone Number: (949) 631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find )4jhey 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 hereunder, this development: $ Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). ui Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Sianature: ,- -Y4z>r— Lisa Walters. Harbor Resources October 13, 2006 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions October 13, 2006 Property Address: 4020 Channel Pl, Newport Beach, CA 92663 With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these Policies and Codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 6. Vessels may not extend beyond the end of the float by more than the width of their beam. 7. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the finger is 5'. 8. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the finger is 9'. Signature: Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Eelgrass (Zostera marina) Survey Reporting Form ,107-6 Chnnnt-j P1 t -t-_ Nowpart Reach, CA Garrety Residence Survey Date: September 28 2006 Prepared by: Coastal Resources Management, Inc. PMB 327,3334 E. Coast Highway 4" Corona del Mar, CIA 9206125) Prepared for: Swift Slip Dock and Pier Builders version LO, June'Lul ZU9.1) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted umder federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The f1by—jan 'jL-,aS I- C.- A_S;g._ to assist :_ ;,A eA jen.& _g eelgrass wh le ensuring that the JL V II.L I VYL111 L11"L LIJAI required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the elpjgras�s survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218. * Required Information Site Name: Newport Harbor, Orange County I I c or r. m. on r e �rr en c e) I -A Survey Contact: Rick Ware, (949) 412-9446, rware.crm.gearthlink.net (name, phone, c -mail) I P.-rmitQ.- rpnod-- I Lin ----* Coastal Commiqsi— and ACOE Permits Pending ------ (ACOE Permit No., Hydrographic System: Developed Harbor (bay, estuary, lagoon, or harbor) Specific Location: 4020 Channel PI., Newport Beach, CA 92660 tT TTK Lat./L.ong datum, .., accuracy level, attach 33 037'13.26" / 117'56'07.26", accuracy within 3 meters elect—onlic survey area map - if possible) See Figures I and 2 Was Eelgrass Detected: *No Description of Construction of a new 3 x 24' gangway, Permitted Work- Cons, c.tianofanewl0'xl6' float (describe briefly the work to Emplacement of 3 new 12" diameter piles VC, comacted a -t the Site under the permits identified See Figure 3 above) Description of Site: Depth range: Water depths ranged between (describe the physical and approximately -1 ft (bulkhead) to -8ft bioloaical conditions within towards the center of the channel. the survey area at the time Sediments consisted of sand throu2h q-—, ,,-A -,o-,;d- Substrate 'j F. insight into variability, if ty pe: out the survey area. Known. Please provide units for all numerical --oOr VO 1% information. rr I emperat-are, Salinity: Salinity variable, from 20s to 35 pvt, depending on depth and the tune of Description of Survey ys (please describe the surve, A—+ -A :--L�A— +-- -f conULL%ItAlu IJAVIUU1116 typ%, VI survey (SCUBA, remote Dominant Ulva intestinalis Horizontal fl-.a- video, etc.) arld Survey visibility in methods employed, date of Dominnnt Ectoprocts (Zbobotryon ventiddlatum.), I fauna: burrowing anemones (Pachycerianthus WOrK, and survey density -r7Mh-rifYtj_IV�, t-� III&C! I-Mh 1F' C!nn;I'Z j –ould - babble —.1 - (Bulla gouldiana), predatory sea slugs (estimated percentage of the t ; ermn i s fi-I I -I g er s p On g e �JIVIMY,anax in (Haliclona sp.), bay mussels (Mytilus bottom actually viewed). Survey type InCICIII.N) NIS ki-/Shrea .0,prow oys- gall Describe any limitations and methods: conchilcola) Exotic INone bottom type, dominant bottom dwelling survey efforts. species organisms, depth and the presence or encountered: absence of eelgrass (Zostera marina). Other site Seven, 44 ft -long transects by eight description foot -wide transects were swam perpendicular to a 60 ft baseline. Description of Survey ys (please describe the surve, A—+ -A :--L�A— +-- -f conULL%ItAlu IJAVIUU1116 typ%, VI survey (SCUBA, remote Survey date �eriZ: September 28, 2006 from 1230 – 1320 Horizontal Four feet on each side of the centerline. video, etc.) arld Survey visibility in methods employed, date of I water: WOrK, and survey density (estimated percentage of the bottom actually viewed). Survey type The underwater survey was conducted Describe any limitations and methods: using SCUBA. The biologist noted encountered during the bottom type, dominant bottom dwelling survey efforts. organisms, depth and the presence or absence of eelgrass (Zostera marina). Seven, 44 ft -long transects by eight foot -wide transects were swam perpendicular to a 60 ft baseline. Total APE was 2,640 sa ft, of which 93% of the bottom area was observed by the. bio-lo-glist. ni-nflIQ XX7 r -- dardized to Mean kI-I- e stamn -- I Lower Low Water (MLLW) based +,A upon +;-- -47-1--ration and LIWIX "F� "111v �-L wva` v JL corrections for the Newport T T--1- -- /fIT-%-k 9 *. A iiaivvi/%-,i-.PivI LIM; SLduuii Eelgrass Survey Reporting Form (version 1.0, 6/20/03) Survey The survey was conducted by R. Ware -1 T �; T -1- - Lein Je—i-n-, C -oast -01. Reso-w-ces Management, Inc. Survey Seven, 44 ft long transects by eight density: foot -wide transects were swam perpendicular to a 60 ft baseline. Survey None. limitations: Other Information: See attached figures. (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) ub— IV h4 !F -c It � 11z" rpy if ='n a OZm —j"K it It 46 mawsszl� M405*ss e4 e4 7E k Proposed Dock Configuration (Q.0urce: -Sa.qft Slips In, I'- r-, -.-./ /vc, w gv- ftAl VICINITY ETC smwpostT c -Ay, CA"wool"tA x_ 4�� A4L-� Zv-�wl Z� *ft�ewe- '-W'Ww 'W Z4,F M7.-A&� Z 4- �X �7rl— I 4 Of 2�4,2,_"j lee 3 X2� 40 4$� ,CAI 6qrretY A, bw ct- VA SWIFT 5LIP Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 (949) 631-3121 Fax (949) 631-3122 email: bhswiftslip@sbcglobal.net www.swiftslipdock.com October 17, 2006 Adam Fischer Californii a Regional Water Quality Control Board 3737 Main Street Riverside, CA 92501 Re: Harry Gilmore, 4020 Channel Place, Newport Beach,. Orange County Boat Dock and Pile Replacement Dear Mr. Fischer': This is notification that we intend to replace the boat. dock and pile at the above -referenced address. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location 1) Applicant Name: Harry Gilmore 2) Project Address: 4020 Channel Place, Newport Beach, CA 92663 3) Applicant Telephon (805) 486-2321 4) Scoji.e of Work: Replace floating dock and pile as follows: 10'x 16floating dock with two 12" concrete pile and a Yx 24'gangway. 5) Federal file number: Pending 6) Latitude/Longitude: - 117.93 469; 33.62166 7) ApplicAle Fees: Enclosed is a check for the $60 application fee. 8) SWemen This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 5) Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SwiFT SLEP DocK & PIER BUILDERS Beth Swift Permit Division [brs Enclosures cc: California Coastal Commission U.S. Amy Corps of Engineers T'd 68S3221L:0i 22T2 -T29 (6t76) W03'N300dI_1S1AIMS:WM1A TT:ST L00*2-)_2-NUW MAR -29-2007 08:49 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.2 0�/06/2007 04:20 005-406-2321 KAREN GARRETY OD PAGE 03 IOUf 1LI:�Sf FROM: SWIFT-SLIPOOLK.PM .(944) T13-' iBO54S644iCJ P. I 6F Y* Deamber 1, Harry C/o swiA Sh iieoufidl . p Dock and.Pi. Attention: Pej�rgwjh �027 Placentia Aveme Costa Mesa,. Callionaia 92W�-3405 Deer Mr. Gilmore; tree A !4� �11'-I`k .';I ks. Refermce is made to your request of october 24, M (File No. 2DOWI987-SLp)'. *Under the provisions 0 Section 10 of the RjvM and Haitms Act of Mardh 3, 1 89y (33 U.S, c- 403), you are h ereby authodud bD re�place an e . x1sting floating dock, gangway, and two conote piles baywaret c04020 CharLn6 Place, within,NeWPOrtBaYtn!theCitYDf NeWpOrtSe4ch, Ora�geCounty, '�-alifow* as shown on the enclosed drawings. The owner Or 110hOriZed responsible QMCW must sign and date all coplus of this Letter of Permission OLOP) b%dicaft that he/she aV"s to the work as -desdib6d and WIll comply with all COndI80719- Ont of the sired copies of this Lttter of Permisdon mustW mtumad to the Corps of I;Ingineers (a pre -addressed envelope is enclosed). In addI*M' plew use the t�vo aftelled * j.-,ustcards to notify this office as to the dates oi commencement (Wid-tin 10 days'phor to the start of constru ction) utd completion of the activity (Wifldn 10 days fqgowing the end &�construction). Fuxthermm, you are 1wreby advised that ffie Corpso'f.Engbieets Im "blished an Administrative Appeal F�ocess which.is funy describecl4p 4 CM?art 331, Tj* cqmplete.appeal process is diagrarnmed Iti the eticlWd Appaidixi B. Thank you fm participating irl our, regulatory program. Mark Durham ef, South Cow section u1story ftench ,:Wt Office of I 6F Y* Deamber 1, Harry C/o swiA Sh iieoufidl . p Dock and.Pi. Attention: Pej�rgwjh �027 Placentia Aveme Costa Mesa,. Callionaia 92W�-3405 Deer Mr. Gilmore; tree A !4� �11'-I`k .';I ks. Refermce is made to your request of october 24, M (File No. 2DOWI987-SLp)'. *Under the provisions 0 Section 10 of the RjvM and Haitms Act of Mardh 3, 1 89y (33 U.S, c- 403), you are h ereby authodud bD re�place an e . x1sting floating dock, gangway, and two conote piles baywaret c04020 CharLn6 Place, within,NeWPOrtBaYtn!theCitYDf NeWpOrtSe4ch, Ora�geCounty, '�-alifow* as shown on the enclosed drawings. The owner Or 110hOriZed responsible QMCW must sign and date all coplus of this Letter of Permission OLOP) b%dicaft that he/she aV"s to the work as -desdib6d and WIll comply with all COndI80719- Ont of the sired copies of this Lttter of Permisdon mustW mtumad to the Corps of I;Ingineers (a pre -addressed envelope is enclosed). In addI*M' plew use the t�vo aftelled * j.-,ustcards to notify this office as to the dates oi commencement (Wid-tin 10 days'phor to the start of constru ction) utd completion of the activity (Wifldn 10 days fqgowing the end &�construction). Fuxthermm, you are 1wreby advised that ffie Corpso'f.Engbieets Im "blished an Administrative Appeal F�ocess which.is funy describecl4p 4 CM?art 331, Tj* cqmplete.appeal process is diagrarnmed Iti the eticlWd Appaidixi B. Thank you fm participating irl our, regulatory program. Mark Durham ef, South Cow section u1story ftench ,:Wt MAR -29-2007 08:49 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 SWIFT SLIP DOCK & PIER BUILDERS, INC. .2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 FAX (949) 631-3122 bhswiftsli p&begloba 1. not www.swiftsiipdocks.com TO:7230589 P.1 . I/,- LIS FAX TRANSMITTAL To: Lisa Walters Via Fax 949.723.0589 From: Beth Swift, Permit Coordinator Date:. March 27, 2007 Re: Approvals for Permit Lisa, Here are the approvals for plan check number 0337-2007 (4020 Channel Place). Thanks in advance! BRY MINITY MRP PROF I LE 1 40' NOTE IN FEET W M' ELEYRTIONS'BRSO ON TYN 64D� LOH kRTER, 0 f2 -e '0 P W0916 EEL GRASS INSPECTION NO EEL GRASS WITHI'N 15'OF PROJECT �A/ eiA) 10 f\ 6 0. �EL GRASS 16NHEP�IOJECT AREA (0 SIGNATRE 4 Ll I - PERMIT # D.A �15 --c. I' C Camornia oastai (�Onlnuss 01 eo vi C Q'�Le 0; x to m 5 1 4 q, T �m 7Ti-o-, - � --------------- �,P LANI"'YIBY TOB STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5071 FAX (562) 590-5084 www.coastal.ca.gov Harry Gilmore P.O. Box 58041 Vernon, CA 90058-0041 Date: March 20, 2007 5-06-403 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on February 23, 2007 and was reported.to the Commission on Thursday, March 15, 2007 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. D GLAS ETE Exec tivelD2irtor y By: ERNI S C s m oa tal Pr m Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Attn: Beth Swift tW CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-06-403 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 TH'3a Date: February 22, 2007 (562) 590-5071 Page 1 of 7 ADMINISTRATIVE PERMIT APPLICANT: Harry Gilmore AGENT: Swift Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: Remove an existing boat dock, gangway, and piles and install a new dock system consisting of: a 3' x 24' gangway; a 10' x 16' float with two (2) 12" diameter concrete piles. The dock system will be composed of Douglas fir and Trex decking. PROJECT LOCATION: 4020 Channel Place; 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, March 15, 2006 9:00 a.m. Monterey Conference Center One Portola Plaza Monterey, CA 93940 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 PROCEEDWITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Fernie Sy Title: Coastal Program Analyst 11 5 -06 -403 -[Gilmore] Administrative Permit Page 2 of 7 STANDARD CONDITIONS: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date 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 seven. 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 developmerit 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. Promect Location and Description The subject site is located at 4020 Channel Place in the City of Newport Beach (Exhibits #1-2). Single, family residences characterize the subject site and the surrounding area. The proposed project involves the following: removal of an existing boat dock, gangway, and piles and install a new dock system consisting of: a 3' x 24' gangway; a 10' x 16' float with two (2) 12" diameter concrete piles (Exhibit #3). The dock system will be composed of Douglas fir and Trex decking. No changes to an existing 10' x1 0" pier will take place. The dock will be constructed of Douglas fir. The proposed dock will be within the U.S. Pierhead Line and is consistent with past Commission actions in the area. Coastal public access to the beach is available near the site at the end of Channel Place (Exhibit #1). 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 taxilfolia, therefore a pre -construction Caulerpa taxilfolia survey must be 5 -06 -403 -[Gilmore] Administrative Permit Page 3 of 7 conducted. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time. Eelgrass surveys completed during the active growth phase of eelgrass are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August - October shall be valid until the resumption.of active growth (i.e., March 1). Caulerpa taxilfolia surveys are valid for 90 days. If construction does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the 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. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and wi.11 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 Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. At the October 2005 Coastal Commission Hearing, the certified LUP was updated. 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. 5-06-403-[Gilmorel Administrative Permit Page 4 of 7 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. SPECIAL CONDITIONS: 1. Water Quality 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 under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. 5-06-403-[Gilmorel Administrative Permit Page 5 of 7 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 potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed 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. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump - out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eellgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted. by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The 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 5-06-403-[G il more] Administrative Permit Page 6 of 7 the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty -(30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 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. 3. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant 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. 5-06-403-[Gilm�re] Administrative Permit Page 7 of 7 ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing H:\FSY\Staff ReportskMar07\5-06-403-[Gilmore]AP(NB) AM zz 77; Z q -6m-j elm* COASTAL COMMISSION C EXHIBIT # .0 Ln PAGE— OF t �2 cc lw VI) 0 LZ V) 7 Vw -6m-j elm* COASTAL COMMISSION C EXHIBIT # .0 Ln PAGE— OF t �2 cc lw VI) 0 LZ V) 7 �o 2-0 To- c 40T C\j OA, CL ul (_N) ui 0 0 z 0 �.j Ile ;w u Lo mi kq W uj tj �: cr 0 Aw) ,z s -( x at Ln 0 In \AA Z cow Nt Vz Z� 9 . pig gol COASTAL COMMISSInN IL EXHIBIT # PAGE- --OF. rm-1 : f ,,TY OF NEWPORT BEHCH ; 6 1 ��) CITY OF f� I- I NEWORT 8 ERCli WST I EIRY aly �RCIF-lc p % lz8N flCINITY MRP PROF I LE 1 40' EF67 KWW 1*, quyvm JE7m SMING RCE EXPWM IN FM wD ELEMIONS BRSED ON WJ:N L%4M LOH RRTE,�.� _9 6 0 f2e 0 f- w0g1(f EEL GRASS INSPECTION NO EEL GRASS WITHIN 15'OF PROJECT Y7fl 54A I/ IL116W 10 A 6 a EL GRASS IN zt� yl 6 QHE.PROJECT AREA SIGNATURE eq� 5, Lv 4 L41- 40 2CD i b / c, PERMIT # DAT�- -:iiifomia Coastal �',-'oinmission RESC)11�,w PAT iseAcl- �- ----------------- cvV OF NEWMT�T 3vi--------------------------- - - -- - - - - - - - - - - -- - - - - - - - - - eo Yl C +-e 'a, 3 COASTAL COMMISSION IV -t /V X to EXHIBIT # *a K 3 v 4 PAGE- OF 5-l'-4 LV 4 /1 Icc-IL PLAN VIE�y 1, W" D* -t , �4( I ;f.1 6r, SOUTH COAST NATIONAL BANK 10760 Wamer Avenue, Fountain Valley, CA 92708 Phone (714) 979 - 735 0 Sept. 18,1979 City of Newport Beach Dept. of Community Dev 3300 Newport Blvd. Newport Beach, Calif. R--: property 4020 Channel Pl, Newport Beach - escrow 0023 Enclosed please find your copy of the Residential report on above porperty as well as the Marine Pier transfer and a check for $165.00. Please see that same is put with right department. Thank you, Margie Stewart Escrow Officer Ap C 4./ A/ 7-)," I-IL9201 *� a *^Lon^ Ile, 64 V, C) VICINITY SKETCH WSWPORT DAY. CALIFORNIA ,b-10~ AWCw" /0,0'990.0' rWCA^Wp CHA zo. -,I CIA C,.e,q,V,V--f 14 ,C,4 AIA I- 7�- J,: (tbi 674�'C 7'10, Rl- A CIE 14 - 7 3 �L IZIZ- 14 m AV e.4" A A10 0,4 7 - IMF W-100& r &A ~4, oar -&..6 A" C -1-c 7 ;4 bi .5,;, za" -7ecs, /0 zo SCAA.0 4./ A/ 7-)," I-IL9201 *� a *^Lon^ Ile, 64 V, C) VICINITY SKETCH WSWPORT DAY. CALIFORNIA ,b-10~ AWCw" /0,0'990.0' rWCA^Wp CHA zo. -,I CIA C,.e,q,V,V--f 14 ,C,4 AIA I- 7�- J,: (tbi 674�'C 7'10, Rl- A CIE 14 - 7 3 �L IZIZ- 14 m AV e.4" A A10 0,4 7 - IMF W-100& r &A ~4, oar -&..6 A" C -1-c 7 ;4 STATUS SHEET HARBOR PERMITS TRANSFER q&-, // - q 0 2- c) LOWS, 01 -October 4, 1979 -Property Owner 4020 Channel Place Newport Beach, CA 92660 Dear Sir: The City of Newport Beach has redeived an application to transfer pier permit # 441-4020 for the property located at 4020 Channel Place. The structure was inspected on 10/3/79 at which time it was determined that the following deficiency exists. A continuous pressure anti -siphon device must be attached to the municipal'water service, bayward of the bulkhead, in compliance to title 17 of the California Administrative Code. In accordance with Section 10-D of the City H arbor Permit Policies, "All structural deficiencies must be corrected..." A permit for this work must be obtained from the Community Development Department. Would you please advise this departm ent when this require- ment has been met. If you have any questions, please con- tact me at 640-2156. Thank you for your.cooperation. Sincerely, Ray E. Gar/er Tidelands Assistant 'Marine DepArtment REG:nn City Hall * 3300 Newport Boulevard, Newport Beacb, California 92663