HomeMy WebLinkAboutM2005-0098Message
Miller, Chris
From: Miller, Chris
Sent: Monday, January 09, 2006 10:22 AM
To: Clauson, Robin
Cc: Alcaraz, Debbie; Kiff, Dave; Rossmiller, Tom
Subject: 126 Grand Canal
Robin,
Page 1 of 1
It looks like Swift Slip forgot about our arrangement with the LePores and billed them for everything. I've let them
know of the problem and told them what the City will cover, which is:
1. The City will pay for all agency (Coastal, Corps, Water etc ... ) fees and the City will also pay for the various City
application, permitting and inspection fees.
2. The City will not pay for the administrative fees incurred by Swift Slip in handling the above fees which
generally run about 8-10 hours or so. Whatever time was incurred by Swift Slip is to be billed to 126 Grand
Canal.
The $1,000 that we originally quoted to LePore was an approximate estimate given by Swift Slip. I think the
actual costs may be around $600 or so for these hard costs.
Please feel free to call me with any questions.
Thanks,
Chris
01/19/2006
Page I of I
Alcaraz, Debbie
.... ......
From: Alcaraz, Debbie
Sent: Monday, January 09, 2006 10:08 AM
To: Clauson, Robin; Kiff, Dave; Rossmiller, Tom
Subject: RE: pier/deck at 126 Grand Canal
Done. (tt'l . � [A,6
Debbie Alcaraz,
Administrative Assistant
to the City Attorney
Phone.(949) 644-3132
Fax (949) 723-3531
Confidentiality Notice: This email may contain material that is confidential, privileged
and/or attorney work product for the sole use of the addressee. Any review by, reliance
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strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or
waive the attorney-client privilege as to this communication. If you have received this
communication in error, immediately please notify the sender. Thank you.
From: Clauson, Robin
Sent: Monday, January 09, 2006 9:34 AM
To: Kiff, Dave; Rossmiller, Tom
Cc: Alcaraz, Debbie
Subject: pier/deck at 126 Grand Canal
Remember this issue ? The Le Pores resisted going to Coastal for a permit. They didn't understand why , when
the City allowed the others to remove and replace their decks they did no have to go to Coastal. My notes in the
file say we negotiated and I recall Kiff approved for the.City to reimburse them $1000.00 for cost of obtaining the
Coastal Permit. I will forward you both a copy of the letter and an invoice from Swift Slips for $1,444.62 related to
the Coastal permit and City fees. Please let me know if you will agree to reimburse the whole amount requested
( $ 344 of the amount is for City fees) or just the 1000 1 told him we would agree to and then I will let him know.
Deb please copy Dave and Tom.
1/9/2006
DAVID ALLEN BROWN, J.D.-
RICHARD E. STREZA, J.D.-
VANESSA J. GREGOR, J.D., LL.M.
ANITA K. NYHUIS, J.D., LL.M.
VI NCENT J. LE FOR E I 11, J. D.
MATTHEW G. BROWN, J.D.
TIM L. VOORHEES, J.D., M.B.A.—
CASEY S. HALE, J.D.
*A PROFESSIONAL CORPORATION
**MEMBER MARYLAND BAR ONLY
January 4, 2006
BROWN & STREZA, LLP
A LIMITED LIABILITY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
8105 IRVINE CENTER DRIVE, SUITE 700
IRVINE, CALIFORNIA 92618
Robin Clauson
City Attorney
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Re: 126 Grand Canal, Balboa Island
Dear Ms. Clauson:
TELEPHONE (949) 453-2900
FAX (949) 453-2916
E-MAIL: inquiries0brownandstreza.com
www.brownandstreza.com
J A 0 0
As you know from our June 22, 2005 meeting, my wife Sharon acquired 126 Grand Canal in
April of 2004, that also being the first time I contacted you concerning the replacement of the
freestanding platform/pier in front of the Grand Canal home, in accordance with the City's
September 9, 1998 letter (additional copy enclosed).
At our June 22, 2005 meeting, my wife and I went over all of the bureaucratic problems we were
having in trying to have the pier replaced. However, although we have missed two full
summers'.use of the pier, we are happy to report that we did fin ' ally obtain all permits required
for the replacement of the pier, which was completed by Swift Slip just before December.
At our June 22, 2005 meeting, you stated that notwithstanding that the original pier at 126
Grand Canal was removed at the City's directions, the City would not pay for the contractor's
cost of removing and replacing the pier; however, that the City would take care of the permits
fnr +he pi
ler �eDM_MM ieln.t. As suchf, enclosed i_- a copy of I�Iic'lz !nvoice N-. 86! 1,
dated November 22, 2005, which indicates that the construction costs -are $4,100 (an $800
increase over the City's $3,300 estimate set forth in its September 9, 1998 letter).and permitting
costs of $1,444.62.
Per the agreement we made at our June 22, 2005 meeting, and in accordance with the City's
September 9, 1998 letter, at your earliest convenience, please have the City forward to us the
agreed to $1,444.62 as payment in full of the costs to obtain all permits required to replace the
pier. At the City's discretion, the $1,444.62 check can be made out either to Swift Slip or to my
wife, Sharon Tetrault-Le Pore.
Ms. Robin Clauson
January 4, 2006
Page Two
As I mentioned in our telephone conversations after our June 22,
thank both Chris Miller and you for your time and assistance in
need to get in touch with me, please call me at (949) 453-2900 ext
incer�ly,
Vincent J. Le Pore I I I
VJL:ss
Enclosure
G c: Sharon Tetrault-Lo Pore
2005 meeting, I again want to
resolving this matter. If you
136. Thank you.
SWIFT SLIP
#8611
DOCK AND PIER BUILDERS, INC. 11/22/05
CONTI;tAcToRls LiCMNSE 797052 A
WWW.SWIFTSLIPDOCK.COM
2027 PLACENTIA AVENUE - COSTA MESA, CA 92627
TELEPHONE (949) 631-3121 - FAx (949) 631-3122
Vince LePore
126 Grand Canal
Newport Beach, CA 92662
Cell: 949/228-2614
Fax' 949/453-2915
STATEAMNT
Install pier per City of Newport Beach standard .603.L using TREX
composite docking.
Cost
$4,100.00
Payment
-41.0.00
T3, 6 9-0. 0 0
Permit
California Coastal Comm.
$200.00
Standard Architectural plans
n/c
City of Newport Beach
344.62
Administration
900.00
TOTAIL DUE: $5,134.62
Note: Permit fees, administration and engineering are NOT included in the above, if
required; they will be billed as an extra upon completion.
All lumber will be ACQ pressure created Douglas fir.
All new hardware will be hot dipped galvanized.
Utilities are NOT included.
2 d ST622St7:01
Message
Miller, Chris
From: Miller, Chris
Sent: Monday, January 09, 2006 10:12 AM
To: Brady Helm
Subject: FW: 126 Grand Canal
Beth / Brady,
Happy New Year!!
Page I of 1
Do you remember the arrangement we had with Vince LePore and the fees for agency approvals? He called the
City Attorney and complained that Swift billed him for Coastal and permitting fees when he was assured by the
City that they will cover those costs. You and I had agreed on the process, but maybe this fell through the
cracks. Not a big deal ... easily solved. Here is what all parties, including the LePores, agreed.
1. The City will pay for all agency (Coastal, Corps, Water etc ... ) fees and the City will also pay for the various City
application, permitting and inspection fees. Please send Harbor Resources an itemized invoice so we can pay
you as soon as possible.
2. The City will not pay for the administrative fees incurred by Swift Slip in handling the above fees. Brady told
me that these generally run about 8-10 hours or so. Whatever time was incurred by Swift Slip is to be billed to
126 Grand Canal.
Please feel free to call me with any questions.
Thanks,
Chris
From: Miller, Chris
Sent: Tuesday, November 01, 2005 4:53 PM
To: Brady Helm
Subject: 126 Grand Canal
Brady and Beth,
The plans for 126 Grand Canal have been approved in the system. I put the plans on my desk, by my window, for
you to pick up tomorrow morning.
Beth,
Also, I want to make good on my promise to you and Mr. LePore regarding the City's offer to pay for these fees
based on the history for this particular pier. If I recall our conversation from earlier this summer, you and I agreed
that the easiest way to handle this would be for you to pay the appropriate permit fees then give Harbor
Resources an itemized bill for these fees after the project is complete. Do you concur?
Chn:s 914iffer
Harbor Resources Supervisor
(949) 644-3043
http://www.city.newport-beach.ca.us/HBR/
01/09/2006
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EEL GRASS INSPECTION
NO EEL GRASS WITHIN 15'OF PROJECT
El EEL GRASS IN THE PROJECT AREA
SIGNATURE
PERMIT# DATE
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
July 21, 2005
Property Address: 126 Grand Canal, Newport Beach, CA 92662
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
Dier is under the Durview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport
Beach and any other applicable agencies. Painting, replacement of rub rails and work
considered to be cosmetic in nature does not reauire a oermit.
3. The conditions set forth in this document pertain to the current, proposed dock system
under consideration. Any future modifications or alterations to the dock system may require
new conditions which may override or change these conditions. These conditions supersede
all past conditions associated with this property.
4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio
furniture, plants etc ... are not permitted.
5. Your side property lines extend in the water along their same bearing. The northernmost
property line extends exactly parallel to the southernmost property line.
6. The permittee shall be allowed either one pier platform, or in lieu thereof, two shore mooring
type appurtenances per lot. Pier platforms and shore moorings shall be constructed according
to "Design Criteria and Standard Drawings for Harbor Construction" adopted by the City of
Newport Beach.
7. All vessels (maximum length 18 feet) moored in the Grand Canal shall be tied off to pier
platform structures or shore moorings. Floating platforms or slips will not be allowed. Vessels
tied to the bulkhead or by alternate methods not approved by the Harbor Resources Division
shall be prohibited.
8. The permittee shall be allowed no more that one vessel per shore mooring.
9. Any shore mooring approved for the Grand Canal shall display a permit number issued by
the Harbor Resources Division.
10. Each vessel tied to any pier platform in the Grand Canal shall be anchored from the stern in
such a method as to prevent the vessel from swinging into adjoining vessels or across bayward
prolongations of private property lines.
Signature: 11�111701'11� MdL
-<esources %,,suDen
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
10/26/2005.12:50 FAX 949 453 2915 Brown & Streza, LLP
OCT -25-2005 12:04 FRDM:SW1FTSLjPD0CK.00M C949) 631-3122
HARBOR ReSCURCES DIVISION
829 Harbor Island Drive
Newport Bewh, CA 926W
w4w3ow Fax 949-72M689
Pier Pennit Conditions
July 21, 2005
Pa"ft Address: 126 Grand Canal, Newport Seach. CA M62
With reJerence to the plans currently under consideration tO reconfigure or modify the dock
symem. the fdk%Wng owditions will now be In effiaM Cm the above relerenced pier.
11003
P. a
1. The pier permittee is awale of I** Hadw Permit Policies and Chapter 117of the City of
Newport Beach MunlrApal Code. The pier permifte understands that #10 s0ove M16WOW
wer Is under the ourvIew of these PolicAes and Code&
2- Any future Wo* on the above mentioned pier requires permits with the City of Newport
Beach abd any other applicable agOnC186. Painting, nqMcement of rub rags and work
considered to be *nmedc in nature does not reWre a aernift.
3. The candftm set fodh In " document pertaiin to Ow curmnt, pn*fted dock ay0am
under ounsIderatiom A* Mire modifications or aftera6ons to the dock sWern. My r.equ'WG
now conditions Which may override or change Mass owdiflons. Thew con0ftlanS SUPOVOSCIO
all post conditions associated wflh dft property,
4. only marine oftnWd uses am allowed on the plK pier platform, gengwOY and IM. PS119
lumiture. pkwft ete—aw not mm*W.
5. Your Ale prWrly lines extend Ift the wvW along theIr smv beaft- The northernmost
property fine odends exa*y parallet to the q*u#Wnmost property line.
6. The pernoas shall be 911lowed enher one pior platform, or in tau therW, two shwo M00"
"a appuftnances per IOL Pier pkdwm and Share rnoorWW shall be tonsbuded according
tD"Deso Criteria and standard brewhW for Hadw ConsouctlorF Wopted by ft CJ1Y of
Newport lasech.
7- All vsm*ls (=Xjmujn Moo 18160 pKKwW In the Grand Canal shall be tied off to pier
pMfbnn structures or shore moodngs. Floadng pWfwm orslips, will not be allowed. Vmeis
tied I* ft bulkhead or by altemate mahmis not 8131)[Ov8d: by thO Harbor Resoumes Division
shall be prohil3led. -
S. The psordifte shag ba allowed no MGM #0 one vemol per ahore Mooring -
12. Any shore mooring approved for Um Grand Canal SW d4olfty a permit number !mod by
the Harbor Resoumn Division.
10. E=h vessel ded to any pier platform In the Grand Canal shag be anchored from the 8Wn In
such a method as to prevent the VOSS81 from swinging Ift 44aining veese4 or acrm beyward
pnkmgadons of private property lines.
CMs Muler, Harbor;Gsourees Supeftor S4-4 laL DOW
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jam P6 -r 91inewe 11 W6TW -Print Name Date
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4 'CrPOIX
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 3'5" x 10'pier platform
per STD 603-L
I I
jPier conditions must be signed by applicant prior to final approval. I
113roperty Address: 126 Grand Canal, Newport Beach, CA 92662 1
Legal Description:
lHarbor Permit Number: 801-126
IPlan Check Number: 1781-2005
jApplicant: Vince Le Fore
Applicant's Mailing Address: 126 Grand Canal, Newport Beach, CA 92662
Phone Number: (949) 631-3121
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
And find
Page 1 of 2
JUL-26-2005 13:11 FROM:SWIFTSLIPDOCK.COM C949) 631-3122
.4 V., W I I r).".
4 Adr
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
TO:7230589 P.1
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.
Applicants Mailing Address: 126 Grand Canal, Newp6rt Beach, CA 92662
Phone Number: (949) 631-3121
I have reviewed the plans for the foregoing development including:
1 � The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3, The general uses and intensity of use proposed for each part of the area covered
in the application.
And find
Page I of 2
XThey comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and anv applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
conceot and said aoDroval has been written Won said olans. sianed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
quidelines adopted thereunder, this development:
/X Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
reiection in principal bv Newport Beach unless a substantial chanae 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
nature: Z�-Wv 1� � MI/
Chris Miller, Harbor Resources Supervisor
July 21, 2005
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
WORKSHEET FOR BUILDING / FIRE PERMIT APPLI%�ON
BOR RESOURCES DIV.
CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH
PLEASE PRINT OR TYPE BUILDING DEPARTMENT
1. PROJECT ADDRESS (NOT MAILING AD SS)
IFLOOR ISUITE NO.
LEGAL DESCRIPTION
No. UNITS
LOT BLOCK TRACT I
2. DESCRIPTION OF WORK TO lfl�e,
e( WrE
NEW
ADD F-1 ALTER Ej DEMO
Pi lutort. P%ppi upridte oox Yor Appicant
USE AN't
A -6r e,5�5
OF STORIES
VALUATION $
SQ FT
(NEWIADDED/EXTG)
3. OWNER'S NAME LAS FIRST
OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS
CITY STATE ZIP
- 14-1- C4— -
PHONE NO.
6 ,>, /— -3 / ;v
r:4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
ARCHITECT/DESIGNER'S ADDRESS
ARCHITECT/DESIGNER'S' E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
F] 5. ENGINEER'S NAME ST FIRST
//" 4
STATE LIC. NO.
1
ENGINEER'S ADDRES��T
3"
JENGINEER'S E-MAIL /P
Art)
CITY nTATE ZIP JUL
r-1 6. CONTRACTOR'S NAME,,,-,)
BUSIN
lass
CONTRACTOR'S ADDRES
--�) 'o "?, -? ;? JV I
DDNTRACTOR'S E -MAL ADDRESS
kl-"� zIP6� 7 1
17 ITYe- 61ATE 04— 7�-O—w`
"o �� -, 3
OFFICE USE ONLY
TYPE OF CONSTRUCTION
OCCUPANCY- GROUP
PERMIT NO.
PLAN CHECK NO.
PLAN CHECK FEE $
PLAN (-HFC'K F:Nr,
INSPECTION FORM
Harbor Resources Department
Date: 6
Inspection Requested By:
Inspector: Don Duffy
Pier Address. 7 CO -) 41
Pier Transfer
lReinspection
GFI Present Yes Need None Needed Yes Need
Anfi-Siphon I Backfiow Present
Other Comments
Eelgrass
Yes No
Present]
Pump Out
Pier Locat - ion.
Yes No
Operational] I
Recommended Action.
Encroachmenet
Address of C.omplaining Party
Boat Description
--CF Number
Location on Dock
Comments / Observations
Other Request A�,
7- Nwko� 0
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HAR8 ESOURCES DIV,
fRem CITY:.01FNEWPORT BEACH
1,�CT
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1< EEL GRASS I NSR ECTION
NO EEL GRASS witHIN; .1'.51!"OF-PROJECT
0 EEL GRASS IN THE' PhWtbT AREA
WI I _d.
PERMIT# ''DATE
AZA. 15��Ofl t 4,k, 7ZA cr
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STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWAPZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 1 Oth Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
www.coastal.ca.gov
Date: October 20, 2005
Permit No. 5-05-283
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on September 22, 2005 and was reported to the
Commission on Thursday, October 13, 2005 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. DOUGLAS
Executive D' e
By: ALAURINDA E(N S
Coastal Program Analyst
dt CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-05-283
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: September 22, 2005
(562) 590-5071 Page 1 of 6
TH 3b ADMINISTRATIVE PERMIT
APPLICANTS: Sharon Tetrault
PROJECT
DESCRIPTION: Construction of a 3 Y2' x 10' pier platform with steps per City standards
including use of Douglas fir materials for platform.
PROJECT
LOCATION: 126 The Grand Canal, Newport Beach (Orange County)
EXECUTIVE DIRECTOWS DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 pcovl'd�,- shall rint 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, October 13,2005
8:00 a.m.
Marriott San Diego Hotel & Marina
333 West Harbor Drive
San Diego, CA 92101
(619) 234-1500
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. -
PETER DOUGLAS
Executive Director
By: Laurinda R. Owens
Title: Coastal Proaram Analyst
5-05-283fTetrault]
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 quesfions 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 condiflons of the permit
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
it is the intenfion of the Commission and the permittee to bind all future owners and possessors
of the subject property to the terms and condifions.
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 Califomia
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 DescriliAllon
The subject site is located at 126 The Grand Canal in the City of Newport Beach (Exhibit #1). Single-
family residences characterize the subject site and the surrounding area. The proposed project (Exhibit
#1) involves the following: Construction of a 3 1/2' x 10' pier platform and steps constructed per City
standards. The pier platform will be constructed of Douglas Fir. The pier platform will be constructed
immediately adjacent to, and on the west side of, the bulkhead wall that is next to the Grand Canal and
west of the project site. It will have six steps that will lead down to the sandy beach adjacent to the
canal. The proposed pier platform is proposed to replace a previously -existing pier platform of the
same dimensions that was removed a few years ago as a result of repair and maintenance to the
existing seawall adjacent to The Grand Canal. The pier platform is similar in design and size as other
pier platforms in this waterfront area. The new pier platform and steps will meet the City of Newport
Beach's standards in terms of dimensions and construction materials.
5-05-283[Tetrault]
Administrative Permit
Page 3 of 6
The proposed 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. Coastal public access is
available immediately adjacent and west of the site along an existing walkway/bikeway/accessway
along the Grand Canal as well as at,the access points (i.e., Park Avenue immediately north of, and
adjacent to, the subject site) (Exhibit #2). 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 applicants have 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 do not result in the fill
of coastal waters and are an allowable and encouraged marine related use. The proposed dock work
will not have any significant adverse effect on sensitive marine resources, such as eelgrass. Therefore,
the Commission finds that the proposed development, which is to be used solely for recreational
boating purposes, conforms with Section 30224 of the Coastal Act.
C. Water Quail
The proposed work will be occun ing 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-construcbon 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. 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 is consistent with the
requirements of the Coastal Act to conform to CEQA.
5-05-283/Tetrault]
Administrative Permit
Page 4 of 6
SPECIAL CONDITIONS:
1. Water Qualltv
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 rairr erosion and dispersion.
(2) Any and all construcTon material will be removed from the site within 10 days of
completion of constru,;tion.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any bme in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floafing 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-bome 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 -water top -side and boftom-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.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlodte, 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
5-05-283/Tetrault]
Administrative Permit
Page 5 of 6
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Manage ment 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.
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 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
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.
5-05-283/Tetrault]
Administrative Permit
Page 6.of 6
3. Pre -construction Caulema Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prio, to commencement or
re -commencement of any development authorized under this coastal development
permit (the "projecf), 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 Cauletpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation wi'L:. 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).
D. If Caulerpa taxifoiia 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. taxi/blia. 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:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicants' Signature Date of Signing
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GRAND CANAL PLATFORM AND STEPS TYPE
- D
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX Sam I
LOS ANGELES, CALIFORNIA 9005M2S
July 28,2005
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Sharon Tetrault
c / o Swift Slip Dock & Pier Builders
Attention: Beth Swift
Permit Coordinator
2027 Placentia Avenue
Costa Mesa, California 92627-340,5
Dear Ms. Tetra -Lilt:
Reference is. made to your application /letter (No. 200501741-SJH) dated July 26, 2005 for a
Department of the Army Permit to rebuild and replace a 3-5- foot by 10 -foot platform and stairs
abovethe high -tide hne, from the bu.1khead and walkway, with no equipment or construction
in waters of the United States (U.S-). Activities will take placeon the walkway and bulkhead,
bayward of 126 The Grand Canal, a tributary within Newport Bay, in the City of Newport
Beach, Orange County, California.
Based on the information furnished in your apphcation/letter, we have determined that
your proposed project does not discharge dredged or fill material into a water of the United
States or an adjacent wetland, or impact navigable waters. Therefore, the project is not subject
to our jurisdictim under Section 404 of the Clean Water Act or Section 10 of the Rivers and
Tiarbors Act and a permit is not required from our office,
Furthermore, you are hereby advised that the Corps of Fngi-neers has established an
Administrative Appeal Process for jurisdictional determinations wl-dch is hilly described at 33
CFR Part 331. The Administrative Appeal Process for jurisdictional determinatiom, is
diagrammed on the enclosed Appendix C. If you decide not to accept this approved
jurisdictional determination and wish to provide new information, please send the infonnation
to this office. If you do not supply additional information yournay appeal this approved
jurisdictional determination by completing the attached "Notification of Administrative Appeal
Options and Process and Request for Appeal" form and submitting it directly to the Appeal
Review Officer at the address provided on the form.
Please be aware that our determination does not preclude the need to coinply with
Section 13260 of the California Water Code (Porter /Cologne) and werecommend that you
contact the California Regional Water Quality Cont;ol Bo . ard to insure compliance With the
above regulatiorus. Furthermore, our determination does not obviate the need to ob� in o
1�er
Feder�l, state, or local authorizations requireo by 14w,
RUG -2-2005 12:02 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.3
-2-
If you have any questions, please contact Stephanie J. Hall of my staff at (W) 452-3410,
NI Sincerely,
. tj
Mark Durham
Chief, South Coast Section
Regulatory Branch
California Regional Water Quality Control Board
Santa Ana Region (a
Alan C. Lloyd, Ph.D. 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger
Agency Secretary Phone (951) 782-4130 — FAX (951) 781-6288 — TTY (951) 782-3221 Governor
http://www.waterboards.ca.gov/santaana
August 1, 2005
Beth Swift
Swift Slip Dock and Pier Builders Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
REPLACEMENT OF EXISTING 3.5' X 10' PLATFORM AND STEPS — SHARON
TETRAULT PLATFORM, 126 THE GRAND CANAL, 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 Jawed Shami at (909) 782-3288.
Sincerely,
1%
1.arti�rez Jr., P.
Chief, Permitting Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
County of Orange, County Property Permits Division — Patricia Bigger
JIS/blutagl4llet
California Environmental Protection Agency
Recycled Paper
Date of Applicaton:
�Proplorty Address:
Buyer's Names:
Billing Address:
Telephone No.:
Buyer's Signatures:
Sefler's Names:
1W
Joint Owner Signature:
Escrow Company:
Address
Escrow Number:
Closing Date .'(Estimate):,
HARB OR PERMIT
TRANSFER APPLICATION
Permit Number:
Inspection Date.- Reinspection Date:
Fed Amount:
Date Paid.* Chock Number:
Application Complete:
Harbor Resources SigpaturalDate
Special Conditions: This permit is revocable by the Pity Council
in accordance with Title 17 of the Newport Beach Municipal Code.
Date of Applicaton:
�Proplerty Address:
Buyees Names:
Billing Address:
Telephone No.:
Buyer's Signatures:
Seller's -Names:
Seller's -Signatures.,
Joint Owner Signature:
Escrow Company:
Address
Escrow Number:
Closing Date.(Estj mate):.
HARB OR PERMIT .
TRANSFER APPLICATION
Permit Number:
40-AAA0 14A -A1,11
k-.1 - - - - . .7 1? If .3 -le'll -Y � - �_7__ -
Inspecti, on Date: P-einspection Date:
Fee Amount:
Date Paid: Check Number:
Application Cornplete:.
Harbor Resources SignaturelDate
Special Conditions: This permit is revocable by the Pity Council
in accordance with Title 17 of the Newpolf Beach Municipal Code.
A
W P
0;;�
Heritage Escrow
949-64-6��
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
Re: Pier Permit #801-126
126 Grand Canal, Balboa Island
Escrow # 19429 -JT
Dear Sirs:
The City of Newport Beach has inspected the above area and found it to meet
City standards. Once we receive the application signed by the buyer, seller and
joint pier permittee, if applicable, the pier will be transferred.
Thanks for your help and if you require further assistance in this matter, please
call 644-3034.
Sincerely,
Lorrite Aroese
Lorrie Arcese
Harbor Resources Division
Date:
Inspection Requested By:
Inspector:
Pier Address:
(�Pler Transfer
INSPECTION FORM
Harbor Resources Department
5_14 /0
Don Duffy
&
Reinspection
GFI Present Yes Need None Needed Yes Need
Anti -Siphon Backflow Present
Other Comments
Eelgrass snow
Yes No ..........
PresentF__T_ doom
Pump Out
Pier Location
Yes No
OperationalF ---- E
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
CITY OF NEWPORT BEACH
ANNUAL PIER REGISTRATION FEE
Ca rd
Card o -29 / e / Q_ 6 (
Code 'PIERI Pier Permit Number _TJ_ T1 _0 14
1-5
Facility Address* Cq
(15 19 Str-e-eT7 (20-22) C __Z4 -- 42 Street Name
Apt # Str
*Right justify, (Or use Direction
space fill for (N,S,E,W or
Ex: 1 2 3 -1, etc) blank)
Code 1 - non-commercial
2 - commercial
Amount to be billed !� C
(TT
(zero fill
ex: 010 00)
Number of slips or floats e 0 1 (zero fill
T6T ex: 001)
to Joint Owner Y - yes
51T '52 N - no
Owner's Name
(53 Last, First, Mid (InitiMal—sOV
Card
Card 2 Code 'PIER2'
Owner's Mailing Address
e-,5
Type Form A-1 N -New Owner
77 C -Change Owner
cc 78-80 leave blank
Pier Permit Number cc 6 - 14
1,,� 4� 6rw V, I
RNA
Street Address
IL '0 C, a _9�.q C A0
(39--56) City & State 57
aj Z 4y 6-L/- -
TUT -'68T Date cc 69-80 Spaces (12)
C58-62) Zi P
Pcy
Zip
.April 12, 1979
C.11TY OF NIEWPORT BEACH
.Mrs. Francis Zeff
124 Grand Canal
Balboa Island, CA 92662
Dear Mrs. Zeff:
A check of the City's Harbor Permit files has revealed that the
permit for the pier and float at 12� Grand Canal
is still registered to Mrs. Francis Zeff.
As I indicated in my previous letters, a transfer application must
be completed and a transfer fee paid for each -time the permit has
changed ownership.
..Chapter 17.24.030 of the Municipal Code addresses the transfer of
a permit and reads as follows:
"No person shall transfer a permit for a pier, float'or
similar structure granted under the provisions of this
chapter without prior written approval of the City."
Failure to pay the transfer fees can be grounds for revocation of
the Harbor -Permit in accordance with Chapter 17-24.090 of the
Municipal Code which reads as follows:
"Grounds for Revocation - Any permit heretofore or hereafter
granted for any struEt—ure or work in the waters of Newport
Harbor or the Pacific Ocean may be revoked by the City Council
upon any of the following grounds:
4. The permittee has failed for a period of sixty (60) days
to pay the fee or fees heretofore or hereafter imposed for
the occupancy of tidelands, filled tidelands or submerged lands
upon which such work or structure exists."
Your cooperation in bringing this permit up-to-date will avoid
any further action at thi� time.
Sincerely,
Glen Welcen
Tidelands Administrator
G1,:U - nn
C*:Ey- Hall - 3300 Neivport Boulevard, Newport Beach, California 92660,
CITY OF NEWPORT BEACH
14ARINE SAFETY DEPARTMENT
RECORD OF ORAL INFORMATION
From: o� Ze 74 In person
Address: g�t�L,00_zz, aL/Telecon
TO 2e
Div. :
j IM.S. DIRECTOR 1_ I I
I JASST.DIRECT6k 1____T_7___1
SUBJECT: File:
Date:
outline of Information received given
,00�'
� 7_7 xeelw
5;
Action Required Person Responsible Date Due:
61", (1 .- , '- / " . 6,
P()
CITY OF NEWPORT. BEACH
May 17, 1979
Property Owner
126 Grand Canal
Balboa Island, CA 92662
Dear Property Owner:
The pier now existing in front of the property at 126 Grand
Canal has been constructed without a permit from the City
of Newport Beach.
Please contact the Newport Beach Marine Department so that
the necessary steps can be taken to correct this situation.
Sincerely,
Tony Melum
Harbor Inspector
Marine Department
TM: 11
City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
K
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
640-2156
.February 13, 1979
Mrs. Francis Zeff
124 Grand Cannal
B.a.lboa.Island, CA
Dear Sir:
Pier Permit 801-12 for the pier and slip facility located
at 124 Gran<d �anal ?is, registered to Anna Welles Brown.
The annual pier administration billing was returned to our office.
Upon checking with the City's Finance Department, the above
property is listed to you. If you have purchased the property, we
will need a harbor permit transfer application and corresponding
..$155-00 fee as required by City Ordinance 17.24.030.
At your earliest convenience, please advise this office if you have
acquired this property so that the necessary transfer can be accom-
plished.
Sincerely,
Tony MelU7
.Harbor Inspector
Marine Department
TM:ll
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OA71e,�
-lo,o Anozess K- CoAlnwAc rom
DON MURRAY
1644 GAYWOOD DRIVE
ALTADENA, CALIF. 91001
May 10, 1976
lity of Newport Beach
Newport Beach, Calif.
Sub: Small boat moorings in rand Canal
Gentlemen,
Enclose are the forms given me and completed.
.The 126 property is owned by a Mrs 1�nna Idells Brown
of Altadena, Calif.
This property is managed by a Mrs. Don k'enn,, of
Grand Junctiont 'olorado. Mrs Penn has given me permission
to moor my small boat - CF 6461BA- at this location
for the past two years.
She has given me these froms to fill out as per a
new ordinance effective this year.
"ny additional information or signatures can and
will be furnishbd,.',
Sincerely,