Loading...
HomeMy WebLinkAboutM2013-0045F_ Comm'I (– Residential Worksheet for Building Combo Permit Application ���`°° City of Newport Beach - Building Division p� NOTE: PLAN CHECK FEE DUE AT TIME OF RESOURCES 4p�a"'� FBuilding r Grading rDrainage .j– Elec j– Mech f– Plum Cu Yd OFI RT BEACH Project Address (Not mailing address) F or S ite No l Description of Work Use •• ,p��� IMWM ,/� f y� j l VIP, A ` /�'n 1 111/,�j�11 l [/Vy 0� '(� Jl�r Wf" UIi L� # StoriesF- # Units (if Res)F— Valuation $ Material/Labor ((�J New/Add SF� Remodel. SF>�i Garage/New/Add �— OWNER'S NAME. Last�A� y 0YyFirst • . Ow er's Address 4 / Owner's E-mail Address 04 11 0A C� Jacquelyn.chung@sbcglobal.net Ci ew or Beach State Califomia 'City NP Zip Telephone 1949,631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address Applicants E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 92627. Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last �— First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City � State F Zip F_ Telephone ENGINEER'S NAME Last Bazley FirstTim Lic. No. 50019 Engineers Address Engineers E-mail Address 2500 Via Cabrillo Marina Unit 200 Jacquelyn.chung@sbcglobal.net City San Pedro State. California. Zip 90731 Telephone 1949.631.3121 CONTRACTOR'S NAME/COMPANY JSwift Slip Dock and Pier Builders Lic. No. 797052 Class FA – Contractors Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City _Costa Mesa State California Zip 92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C' FEE $ . PLANNING P/C FEE $ PLAN CHECK NO.��J�--�� ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT# TOTAL FEES PAID $ r CITY WPORT SCRCH <TY OFr, T BERCH UPPER kNBRY pR�IFIc 0Q 'RA( VICINITY MRP �L Pier 4*. &j / -­, _Q� scop (j EOF�, Re -deck existi Install ng ganga new facia Y and pier T cr Na loll HAR8 R ffiopCES DIV CITY OF NEWPORT. BEACH _ isnme �LbtK. IFiPPLIGINT'S W IG�Gi�j� �YYI/ JOB ADDRESS 1 f5AJ MTE ID 22• 1Zi JETTY \ d �r JETTY SOUNDINGS RE EXPRESSED IN FEET RND DENOTE ELEVATIONS BRSED ON MERN LOWER LOW WRTER. / -­, _Q� scop (j EOF�, Re -deck existi Install ng ganga new facia Y and pier T cr Na loll HAR8 R ffiopCES DIV CITY OF NEWPORT. BEACH _ isnme �LbtK. IFiPPLIGINT'S W IG�Gi�j� �YYI/ JOB ADDRESS 1 f5AJ MTE ID 22• 1Zi STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceang ate, 10th Floor LONG BEACH, CA 9 08 02-441 6 (562) 590-5071 FAX (562) 590-5084 COMMUNITY www.coastal.ca.gov APR 2 6 20ate: April 24, 2013 Michael Anthony 5-12-240 6 Balboa Coves O DEVELOPMENT O -Z' Newport Beach, CA 92663 moi -OP IVEW00 Please be advised that the Administrative Permit with the above permit number which was sent to you on March 26, 2013 and was reported to the Commission on Wednesday, April 10, 2013 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, CHARLES LESTER Executive Director /By.:EFFREY RABIN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION Permit Application NO. �®1 2�2�0 South Coast Area Office 200 Oceangate, Suite 1000 Date: March 22, 2013 Long Beach, CA 90802-4302 Page 1 of 8 tl� (562)590-5071 f ,. w5c ADMINISTRATIVE PERMIT APPLICANT: Michael Anthony AGENT: Swift Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: Remove and relocate existing dock float to a point five additional feet outward from the sea wall. The project also involves removal and relocation of two existing 12 -inch square concrete piles. The existing 3 -foot by 20 -foot gangway will be repositioned. Except for the relocation, no change will be made to the existing dock and pier platform. Total water coverage for the proposed dock, gangway and pier platform is 380 square feet, the same as exists today. PROJECT LOCATION: 6 Balboa Coves, 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: April 10, 2013 — 8:30 am EI Capitan Canyon Resort 11560 Calle Real Santa Barbara, CA 93117 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. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: _Coastal Program Analyst 5 -12 -240 -[Anthony] Administrative Permit Page 3 of 8 dock project will be used for boating related purposes to serve a single-family residential development. The site was surveyed for eelgrass on July 20, 2012 as required by the City of Newport Beach Harbor Resources Division. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) 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). The project is agendized for the April 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa taxifolia survey was done July 20, 2012. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the April 2013 Coastal Commission meeting. The Caulerpataxifolia survey is not valid since 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Conditions No. 3 also identifies 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 applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board (RWQCB). In January of this year, the U.S. Army Corps of Engineers issued a Provisional Letter of Permission (Provisional LOP) for the dock relocation project. According to the Army Corps of Engineers earlier Request for Agency Comments, the purpose of the proposed project is to address safety and logistical concerns with the existing dock configuration. The existing pier platform and gangway are .adjacent and connect to the seawall. The piles and guide piles have only three inches of space between them. Due to the close. proximity, the existing deck structure is currently jeopardized by the wake from boats and tidal changes. The proposed project was designed to alleviate this condition. The total amount of water coverage would remain the same at 380 square feet as a result of the proposed project. However, the Corps said new areas would be impacted by water coverage while existing shaded areas would be restored. The relocated position of the dock remains consistent with the location and pattern of dock development in the vicinity of the project site. The City has indicated that the dock, gangway, and pilings are on privately owned submerged land that are within an area subject to public trust doctrine. A Special_ Condition is imposed stating that the approval of a Coastal Development Permit for the project does not waive any public rights or interest that exist or may exist on the property. 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. 2. Previous Commission Approval on Site On November 2, 1999, the Commission granted to applicant David Fournier, Coastal Development Permit #5-99-297 for construction of a 10 foot by 12 foot wood pier platform to be supported by one 14 - inch diameter concrete "T" piling. In addition, the existing 3 foot by 20 foot gangway was relocated to extend from the proposed pier platform to the existing 10 foot by 20 foot dock float. The pier platform is 5 -12 -240 -[Anthony] Administrative Permit Page 5 of 8 SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) 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. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or, solvents shall not be discharged into sanitary or storm sewer systems. 5 -12 -240 -[Anthony] Administrative Permit Page 7 of 8 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. Eelgrass 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 Wildlife. 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 Wildlife. 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 1.2:1 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 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 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 Survev 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 2027 Placentia Avenue, 'Costa Me.sa,-Calif.orn:ia.9-2-627 (949) 6.3.1.-3121 Fax (9.4.9) -631=3122 a-- T• --i _.__._ I f r --{— I 77 _7_F__ 1 I —77 i F— e—r--r---- —. , _E. _ -_ 1 1 4--- EXHIBITIT No 3 '�►, . �' I , Application Number: _; 5-12-240 _ -•�i .: California Coastal �— Commission DOCK -i -t :Pitt. BUILDERS, INC . 127 Placentia Avenue, Costa Mesa, California 9262. (949) 631-3121 Fax (949) 631-3122 7 —4 -4 -4- -T- T ID 0 I r 1 $OU as Distr' . ..... ..... -T7, 7-- yai7 L110 . ...... 9A I j EXHIBIT No.. 4 Application Number: 5-12-240 California Coastal Commission a IM DOCK & PEK.R'- BUUDERS. INC . I I J STATE OF CAL) CRNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 (562) 590-5011 FAX (562) 590-5084 www.coastal.ca.gov Michael Anthony 6 Balboa .Coves Newport Beach, CA 92663 Date: April 24, 2013 5-12-240 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on March 26, 2013 and was reported to the Commission on Wednesday, April 10, 2013 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, CHARLES LESTER Executive Director /By: JEFFREY RABIN Coastal Program Analyst cc: Local Planning Dept. Swift Slip Dock & Pier Builders, Inc., Attn: Peter Swift / Jacquelyn Chung dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-12-240 200 Oceangate, Suite 1000 Date: March 22, 2013 Long Beach, CA 90802-4302 Page 1 of 8 �' (562)590-5071 W5c ADMINISTRATIVE PERMIT APPLICANT: Michael Anthony AGENT: Swift Slip Dock & Pier Builders, Inc. PROJECT DESCRIPTION: Remove and relocate existing dock float to a point five additional feet outward from the sea wall. The project also involves removal and relocation of two existing 12 -inch square concrete piles. The existing 3 -foot by 20 -foot gangway will be repositioned. Except for the relocation, no change will be made to the existing dock and pier platform. Total water coverage for the proposed dock, gangway and pier platform is 380 square feet, the same as exists today. PROJECT LOCATION: 6 Balboa Coves, 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: April 10, 2013 — 8:30 am EI Capitan Canyon Resort 11560 Calle Real Santa Barbara, CA 93117 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. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Analyst 5 -12 -240 -[Anthony] Administrative Permit Page 2 of 8 STANDARD. CONDITIONS: 1. Notice of Receipt and Acknowledgment The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and. completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. 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 five (5) to eight (8). 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. Project Location and Descriotion and Previous Commission ADDroval On -Site Proiect Location and Description The subject site is located at 6 Balboa Coves in the City of Newport Beach (Exhibit #1). The property is part of a gated community just south of West Coast Highway. Single-family residences characterize the subject site and the surrounding area. The project involves the removal and relocation of the existing dock float to a point five additional feet outward from the sea wall. The project also includes the removal and relocation of two existing 12 -inch square concrete piles. The existing 3 -foot by 20 -foot gangway will be repositioned. Except for the relocation, no change will be made to the existing dock and pier platform. Total.water coverage for the proposed dock, gangway and pier platform remains the same at 380 square feet. (Exhibits #2-4) The nearest public access is Channel Park located directly across the mouth of the narrow cove from the subject property's existing dock. The park, which is fully accessible to the public from nearby West Coast Highway, has an extensive lawn area and a sandy beach with access to the bay. The proposed 5 -12 -240 -[Anthony] Administrative Permit Page 3 of 8 dock project will be used for boating related purposes to serve a single-family residential development. The site was surveyed for eelgrass on July 20, 2012 as required by the City of Newport Beach Harbor Resources Division. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) 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). The project is agendized for the April 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa taxifolia survey was done July 20, 2012. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the April 2013 Coastal Commission meeting. The Caulerpa taxifolia survey is not valid since 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Conditions No. 3 also identifies 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 applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board (RWQCB). In January of this year, the U.S. Army Corps of Engineers issued a Provisional Letter of Permission (Provisional LOP) for the dock relocation project. According to the Army Corps of Engineers earlier Request for Agency Comments, the purpose of the proposed project is to address safety and logistical concerns with the existing dock configuration. The existing pier platform and gangway are adjacent and connect to the seawall. The piles and guide piles have only three inches of space between them. Due to the close proximity, the existing deck structure is currently jeopardized by the wake from boats and tidal changes. The proposed project was designed to alleviate this condition. The total amount of water coverage would remain the same at 380 square feet as a result of the proposed project. However, the Corps said new areas would be impacted by water coverage while existing shaded areas would be restored. The relocated position of the dock remains consistent with the location and pattern of dock development in the vicinity of the project site. The City has indicated that the dock, gangway, and pilings are on privately owned submerged land that are within an area subject to public trust doctrine. A Special Condition is imposed stating that the approval of a Coastal Development Permit for the project does not waive any public rights or interest that exist or may exist on the property. 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. 2. Previous Commission Approval on Site On November 2, 1999, the Commission granted to applicant David Fournier, Coastal Development Permit #5-99-297 for construction of a 10 foot by 12 foot wood pier platform to be supported by one 14 - inch diameter concrete "T" piling. In addition, the existing 3 foot by 20 foot gangway was relocated to extend from the proposed pier platform to the existing 10 foot by 20 foot dock float. The pier platform is 5 -12 -240 -[Anthony] Administrative Permit Page 4 of 8 to be used as a staging area for boating related activities such as loading and unloading the boat and the storage of kayaks and other small marine vessels such as sabots. A special condition included in CDP #5-99-297 states: "By acceptance of this permit the applicant agrees and acknowledges that the sole use of the 10 foot by 12 foot platform is limited to boating related uses and shall not be used for any other uses including, but not limited to private residential patio amenities." The permit was sent to the applicant on November 9, 1999. B. Marine Resources encouraged marine related use. The project design includes the minimum sized pilings and the The proposed recreational boat dock development and its associated structures are an allowable and 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 Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. 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 govemment 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 altemabve and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5 -12 -240 -[Anthony] Administrative Permit Page 5 of 8 SPECIAL CONDITIONS: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) 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. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. 5 -12 -240 -[Anthony] Administrative Permit Page 6 of 8 (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling.and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 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 -water top -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 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 5 -12 -240 -[Anthony] Administrative Permit Page 7 of 8 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. Eelgrass 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 Califomia Department of Fish and Wildlife. 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 Wildlife. 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 1.2:1 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 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 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 Caulerna Taxifolia Survey 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 5 -12 -240 -[Anthony] Administrative Permit Page 8 of 8 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 Wildlife, 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 and Wildlife (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the projector 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. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 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. Applicant's Signature Date of Signing ERY Ile. ®d VICINITY HRP Q m3fm MY, mffmim J i SaMI,= R;F- DURESSED IN VM. FM law E 6irI = :. ON MYN L.LQW -- DOPA 41 .Ptl..:. �� ❑ E �i Paz EEL GRASS i SPS ®N m grass within 15, of Prof 2027 Placentia Avenue, Costa -Mesa, :California 9.2-627 (9-49) 631--.3121 • Fax (9-49).631"31,22 EXHIBIT No. 4— Application Number 5-12-240 California Coastal L-7 Commission MEN MEN MMM Ems Novi! DOCK & Pm HMLDM INC. ENT �F a llll�_'' ee D, 4e • +fie of �6 • • tares Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 Michael Anthony 6 Balboa Coves Newport Beach, California 92663 Dear Mr. Anthony: January 2, 2013 Reference is made to your request (Corps File No. SPL -2012 -00621 -SME), dated July 18, 2012, for a Department of the Army (DA) authorization to construct the 6 Balboa Coves Boat Dock Relocation Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached Figures 1-5. Specifically, you are authorized to conduct the following regulated activities: 1. Remove and relocate the existing dock float approximately five additional feet from the seawall (Figures 3-5) and 2. Remove and relocate two existing 12 -inch square concrete guide piles approximately five additional feet from the seawall (Figures 3-5). 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. Both signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached pages 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). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Esteskusace.arm.mil. 2 Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nn.usace.army.mil/survey.html. Enclosures PERMITTEE Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch DATE DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 o e 'Tares o* � Regulatory Division Michael Anthony 6 Balboa Coves Newport Beach, California 92663 Dear Mr. Anthony: January 2, 2013 Reference is made to your application, dated July 18, 2012, for a Department of the Army (DA) permit to conduct the 6 Balboa Coves Boat Dock Relocation Project (Corps File No. SPL - 2012 -00621 -SME), located within Newport Bay in the city of Newport Beach, Orange County, California. Enclosed is a "Provisional Letter of Permission" (provisional LOP). This provisional LOP is NOT VALID and does not constitute authorization for you to do work. The provisional LOP describes the work that will be authorized, including general and special conditions which will be placed on your final DA permit, should you receive Coastal Zone Management Act (CZMA) consistency concurrence from the California Coastal Commission (CCC). No work is to be performed until you have received a validated copy of the DA permit. By Federal law, no DA permit can be issued until the state has concurred with a permit applicant's CZMA consistency certification. This requirement can be satisfied by obtaining CZMA consistency concurrence, or providing evidence that six months have passed since you applied to the CCC for concurrence. Be aware that any conditions on your CZMA consistency concurrence will become conditions on your DA permit, unless the Corps Regulatory Division deems these conditions to be either unreasonable or unenforceable. WHEN YOU RECEIVE CZMA CONSISTENCY CONCURRENCE, THE FOLLOWING STEPS NEED TO BE COMPLETED: 1. The owner or authorized responsible official must sign and date both copies of the provisional LOP indicating that he/she agrees to comply with all conditions stated in the permit. 2. The signer's name and title (if any) must be typed or printed below the signature. 3. Both signed provisional LOPs must be returned to the Corps Regulatory Division at the above address (Attention: CESPL-RG-SS). 4. The CZMA concurrence must be sent to the Corps Regulatory Division with the signed provisional LOPS. -2— Should the CZMA consistency concurrence contain conditions which might result in a modification to the provisional LOP, by signing and dating both copies of the provisional LOP and returning it to the Corps Regulatory Division (along with the CZMA concurrence), the Corps Regulatory Division will assume the applicant agrees to comply with all CZMA conditions which are added to the final permit. Should the CCC deny the required concurrence, the DA permit is considered denied without prejudice. If you subsequently obtain CZMA concurrence, you should contact this office to determine how to proceed with your permit application. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil. Sincerely, F' r Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE Cl PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 2, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. A pre -construction survey of the project area for eelgrass shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (see http://swr.nmfs.noaa.gov/hcd/i)olicies/EELPOLrevll fmal.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory Division determines eelgrass may be impacted by project -related activities, further eelgrass monitoring and compensatory mitigation may be required, as described in the SCEMP. 6. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.mnfs.noaa.gov/hcd/cauleM4 ccp.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the CDFG at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 7. A silt curtain shall be deployed around the project site throughout the duration of project - related activities. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. M 9. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11 th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; iv. Vessels involved in the operation (name, size and type); v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. 7 c) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 10. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 11. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). 2. Limits of this authorization. a) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b) This permit does not grant any property rights or exclusive privileges. c) This permit does not authorize any injury to the property or rights of others. d) This permit does not authorize interference with any existing or proposed Federal project. 8 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following; a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d) Design or construction deficiencies associated with the permitted work. e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a) You fail to comply with the terms and conditions of this permit. b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR §325.7 or enforcement procedures such as those contained in 33 CFR §§326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR §209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6 6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. 10 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -00621 -SME Name of Permittee: Michael Anthony Date of Issuance: January 2, 2013 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit, you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.ariny.mil 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00621-SME 915 Wilshire Boulevard Los Angeles, California 90017 11 LOSAtVGELES DISTRICT Lr S. AR:fIY CORPS OF ENGLVEERS Permit Number: SPL-2012-00621-S�iIE Mame of Permittee: 11,Iichae1,4n1hony Date of Issuance: Jamrarl- 2, 2013 Date work in waters of the t1,Se completed: Construction period (in weeks): Fame & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. ICyou fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify the Nvork authorized by the above referenced permit has been completed in accordance Nvith the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the followinothree methods: M. Met 1. E-MAIL a statement including all the above information to: Stephen. M. Estes uusace.army. mil 2. fAx this certification, after signing. to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00621-SME 915 Wilshire Boulevard Los Anacics. California 90017 ... ...... DOCK PIRP. ;t\ V.. r IF"' TY OF NEWPOk BERCH CITY OF NENPORT BERCH g)5 ERY ERY 10RClp-, C occ 8/v P t4o VICINITY MRP PROF I LE ;J01 Fxifrwve. OT57 451-" U" 0 SOUNDINGS RRE EXPRESSED IN FEET RNB DENOTE ELEVATIONS .31SED-ON MERN LOqM LOW Z-07 IL911 60WAV 10%6 "K le Paz EEL GRASS INSPECTION P4.4.7 jro,t 11 Eelgrass within 15' of project Q Eelgrass within 15 - 30, of prated nigras in project area Signature -7 In-s0ection Date & -rlme T - n SCOPE OF WORK: Move dock ou�, from Szea,,';al- HAR8% RESOURCES MY 01 6 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Michael AnthonyFile Number: SPL-2012-00621-SME Date: 01/02/2013 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/cecw/pages/reg �materials.aspx or Corps regulations at 33 CFR part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the pen-nit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is Iimited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Stephen M. Estes Thomas J. Cavanaugh U.S. Army Corps of Engineers Administrative Appeal Review Officer, Regulatory Division, Los Angeles District U.S. Army Corps of Engineers 915 Wilshire Boulevard South Pacific Division Los Angeles, California 90017 1455 Market Street, 2052B Phone: (213) 452-3660 Fax: (213) 452-4196 San Francisco, California 94103-1399 Email: stepllen.m.estes(ausace.annv.mil Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.'.cavanaugh(2.usace.arm y.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAx EMAIL: iacguelyn.chungasbcglobal.net www.swiftslipdocks.com 13 August 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: . Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove and relocate 2 existing guide pile at the address referenced below. 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: Michael Anthony 2. Project Address: 6 Balboa Coves Newport Beach, California 92663 3. Applicant Phone: 626.488.5057 4. Parcel Number: 423.031.07 5. Scope of Work: Remove and relocate 2 existing 12" concrete guide pile 5 additional feet from sea wall. 6. Latitude/Longitude: N33.6210940, W-117.9360400 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace 2-12" square concrete guide pile. Move dock out from seawall 5'. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 6 Balboa Coves Legal Description: Harbor Permit Number: 1011-06 Plan Check Number: 1265-2012 Applicant: Michael Anthony Applicant's Mailing Address:6 Balboa Coves, 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 They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resou July 27, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Print Form;:'' Worksheet for Building Combo Permit Application a�W�Rr ►� Comm'I I` Residential City of Newport Beach - Building Divisiorgp��i I�P`C� �� e� u CE NOTE: PLAN CHECK FEE DUE AT TIME OF S F „,P rBuilding I4 Grading j"Drainage r Elec r' Mech F- Plum Cu Yd Cu IX NEW, Project Address (Not mailing address) ` -7 6 Balboa Coves Description of Work Use Move existing dock out from seawall 5' # Stories[— # Units (if Res)[_ Remove and reuse 2 existing 12 square concrete guide pie Valuation $ 3,000 Material/Labor New/Add SF Remodel SF� Garage/New/Add OWNER'S NAME Last Anthony First Michael Owner's Address Owner's E-mail Address 11 6 Balboa Coves Jacquelyn.chung@sbcglobal.net City Newport Beach State California Zip 92663 Telephone 949.6 3121 APPLICANT'S NAME Last Chung _ First Jacquelyn Applicant's Address Applicant's E-mail Address�� 2027 Placentia Avenue Jacquelyn.Chung@sbcglobal.net City Costa Mesa State California Zip 92627 TelephonCR34 6 1.3121 ARCHITECT/DESIGNER'S NAME Last First Lic. No. �— Architect/Designer's Address Architect/Designer's E-mail Address City State r Zip Telephone) ENGINEER'S NAME Last Bluewater Design Group First Lic. No. C50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Suite 200 an Pedro city FS __. _. State California Zip 90731 Telephone 310.548.3132 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.Chung@sbcglobal.net City Costa Mesa State California ; Zip 92627 Telephoner49.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ CITY OF NEWPORT BEACHCITY OF , NEWPORT BERCN NDORTBRY O ` r - my ZRIV f ' \ PROF ME . t p • cis r�Ne VICINITY MAP ERsr Q -,to. ^40 mmm MY, °1" JEM SOUNDINGS FRE EXPRESSED IN FEET . r ND DENOTE El-EVRTIONS-BFRSED-.ON MM LOI;VER L Yfl€TEB � ,� � � l�K�STlr1►� �aX20 61VA /ry : w 2_�2„ 3 X2o ��v�y y,1% - n�c X�4. EEL GRASS INSPECTION P�E.e ❑ Eelgrass within 15' of project PIA.Tr-b,tm ❑ Eelgrass within 15 - 30 of Project �a No E Igrass in project area ry _ -71.2-011 a gnature - - fr�l7nrc 1036 Inspection Date & 7 me L or -7 13,1 ILI SCOPE OF WORK: NOR RESOURCE9DIV- - TX'snwG Move dock out from seawall 5'VMI& CITY OF N � � K Remove and replace existing �r j BEACH' 2 —12" square concrete guide pile. 11 i` PLAN VIEW V f'PLICANT'S NFA MjC11'N'RDDRESS 1p , pa b DATE Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?5erviceName=n... 7/13/2012 Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=n... 7/13/2012 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Pre Construction Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 6 Balboa Coves, Newport Beach CA No Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Pre Construction report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, PRE CONSTRUCITON SURVEY Page 1 of 12 DIVE WORKS (949) 759-0773 6 Balboa Coves 429-0 Shoreline Village Drive g Newport Beach, CA Long Beach, CA 90802 Michael Anthony 6 Balboa Coves Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Survey Report Prepared July 20, 2012 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE CONSTRUCITON SURVEY Pre Construction Survey Page 2 of 12 List of Tables 4 List of Figures 4 Current Situation 5 Survey Method 5 Survey Findings 5 Discussion 5 Caulerpa Survey Form 9 Eelgrass Survey Form 11 PRE CONSTRUCITON SURVEY Page 3 of 12 -1 Table12. Tides and Currents for Newport Beach, CA July 20, 2012 ..................................................................................................................... 6 List of Figures Figure 1. Location of 6 Balboa Coves, Newport Beach ..................................................................................................................... 7 Figure 2. Dive Transects for 6 Balboa Coves, Newport Beach ..................................................................................................................... 7 Figure 3. Survey Results ..................................................................................................................... 8 Figure 4. Bottom pictures underwater. Visibility 6'. No eelgrass. .................................................................................................................... 8 PRE CONSTRUCITON SURVEY Page 4 of 12 Current Situation — Pre Construction Survey Resident (Michael Anthony) at 6 Balboa Coves, Newport Beach, Ca is proposing to move two (2) existing 12' piles out five (5) additional feet from seal wall. The gangway, floating dock, and platform along with the platforms T -Pile will not be moved or replaced. Construction has not started; this is a Pre Construction Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted July 20, 2012 beginning at 0950 hr approximately N Lat 33.621052' - W Long 117.936243°. Day was sunny with air temperature 78' F. Water temperature was 72° F. Depth ranged from 3' at sea wall to 8' at end of dock. Visibility was 6 feet. See Table 1 Survey area delineated spanning 40 ft wide and 40 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to shoreline. Lane width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property. Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). Visibility was 6 ft. The water depth ranged from Tat sea wall to 8' at end of dock. See Figure 3 Discussion Eelgrass (Zostera marina) was not observed throughout the area from beach head to just past end of dock. Mussels were observed on piles. See Figure 4 This Pre Construction Survey observations finding, see Figure 3, shows impact to habitat to be minimal. Impact to navigational waters in the opinion of this writer would be minimal. The distance between this existing dock and those directly across provide for boats to travel in and out of neighboring slips with ease. The Pier head line for this property does allow for moving the existing dock 5' additional feet from sea wall. By moving the existing dock an additional 5' from sea wall, the navigational impact would not be significant enough to prevent or hinder passage of other boats around or past this dock. PRE CONSTRUCITON SURVEY Page 5 of 12 It is recommended to conduct a Post Construction survey to determine impact to habitat and navigational waters upon approval and completion of this proposed project. Determining the need for two annual surveys in accordance with SCEMP guidelines monitoring the impact of this project can be determined at time of Post Construction Survey. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and maintaining clearing navigational channels for boaters. Table 1: Tides and Currents for Newport Beach, CA July 20, 2012 lboa Pier, Newport Beach, CA Station1d. 341€ 583 OFenced to, Station, LOS ANGELES (Outer Harbor) (-9430650 ) aht offset in feet ( law.*0.96 hitch: -1 M6) Time offset in mins { low -,O hivh. -4) Tide Prediction in Feet Zone.. LST/LDT m; MLLW 2012/07120 - DO- S'Ubodonate' Predictions +� 4,60 ---- ....... a_._.. ... >>-.. __------- 2 2.00 YL1 .............. .. ... ...� �_�.,,.... DiveTime 0. �_.. .ad �,.._ �a.d �,� .._,.. �. - .._,. �_.... Mick 07n0 12art 07120 07120 07120 07/21 87l� San 12pn apn 12an sm Oate/T!"e (LST/Lur) 07,121 07/21 07122 12pn BPn 12arn PRE CONSTRUCITON SURVEY Page 6 of 12 ..� DIVE ®KS (949) 759-0773 a 429-0 Shoreline Village Drive s. Long Beach, CA 90802 a— • � s . r n o-� � � n w o • o� a Pre Construction Survey PRE CONSTRUCITON SURVEY Page 7 of 12 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Pre Construction Survey PRE CONSTRUCITON SURVEY Page 8 of 12 w k DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 6 Balboa Coves Newport Beach, CA Pre Construction Survey This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera 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, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 309 E Edgewater Ave Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 621052° Lat (UTM, Lat./Long., datum, accuracy level, attach W 117.936243° Long electronic survey area map if possible) Was Caulerpa Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site Dock Moved 5' from sea wall. Two new 12" under the permits identified above) piles to replace existing and moved 5' from sea wall. PRE CONSTRUCITON SURVEY Page 9 of 12 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 6 Balboa Coves Newport Beach, CA Pre Construction Survey Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 3'-8" Bottom is sediment, Sand and Dirt. 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). Substrate type: Sediment, sand Temperature: 78° Air 72° Water Salinity: Dominant flora: Dominant fauna: Mussels, Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >7S% area including bottom conducted including type of survey DATE :July 20, 2012 surveyed. (SCUBA, remote video, etc.) and survey methods employed, date of TIME : 1030 AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRE CONSTRUCITON SURVEY Page 10 of 12 Eelgrass Survey Reporting Form 6 Balboa Coves Newport Beach, CA Pre Construction Survey This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass 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, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 309 E Edgewater Ave Newport Beach, CA Survey Contact: Robert Wiegand (949)759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33 . 621052' Lat (UTM, Lat./Long., datum, accuracy level, attach electronic W 117.936243' Long survey area map if possible) Was Eelgrass Detected: NO Description of Permitted Work: (describe briefly the work to be conducted at the site under the Dock Moved 5' from sea wall. Two new 12" piles to permits identified above) replace existing and moved 5' from sea wall. PRE CONSTRUCITON SURVEY Page 11 of 12 6 Balboa Coves Newport Beach, CA Pre Construction Survey Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 3'-8" Bottom is sediment and sand 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). Substrate type: Sediment, sand Temperature: 780 Air 720 Water Salinity: Dominant flora: None Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >7S% area including bottom conducted including type of survey DATE : July 20, 2012 surveyed. (SCUBA, remote video, etc.) and TIME : 1030 AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRE CONSTRUCITON SURVEY Page 12 of 12 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949)644-3034 / Fax (949) 723-0589 Special Conditions July 27, 2012 Property Address: 6 Balboa Coves With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7.jr accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the , hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 54/05/2013 11:40 9496755092 MAILBOXES LIDO HARBOR RESOURCES DIVISION '129 Harbor Islanc Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 July 27, 2012 AVeciat Conditions Property Address: 6 Balboa Caves With reference to the plans currently ander consideration at the above referenceci address to reconfigure or modify the: dock system or bulkhead, the following conditions will now [Dr, in effect: 1. Thr-, project f roponent is aware of the He Permit Policies (Council policy H-1) r,nd Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is arid, --.,r the purviRw of thew-; Policles and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other ap,rlicabie agencies. Painting and work considered to be cosmetic in nature does not require ri permit. 3. The conditicns set forth in this document pertain to the proposed clock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which moy override or• change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are irllowed on the pier, pier platform,gangway and float. Patio furniture. plants eic... are not pPrmittr..•d. 5. In accordarn;e with Municipal _":ode 10.08.030 A. the project proponent shall obtain the proper permits fcr equipment and materials storage. "Except as otherwise provided in this section, no person shall use any Dublic street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B'. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases,: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Codc." 6. The project shalf be implemented in conformance with the Looal Coastal Program - Coastaf Land Use Plan. Page. 1 of 2 I 04/05/2013 11:40 9496755092 MAILBOXES LIDO PAGE 03/3 T In accordan me with Municipal 30de 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays- No person shali, while engaged in construction, remodeling. digging, grading, demoliticn, painting, plastering or any other related building activity, operate any tool. equipment or machine in a manner ,which produces loud noise that disturbs, or could disturb a person of norma sensitivity who works or resides in the vicinity, ren any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.rn, B, Sundays and Holidays. No person shall, while engaged in construction, remodeling, rigging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces laud noise that disturb -,i, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any feder�. I holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach up,i)n the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. Lisa Walters WarE or Resaurr..E s - Date �p� loan. nature- — Prir Name Date Joint Pier Applicart Signature {if applicable) Print Name Dat ..e. Page 2 of 2 o�j 911-wPo� Q CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 D The Harbor Resources division has received the completed, signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The pier permit billing will be transferred into the buyer's name when the buyer transfers the Municipal Water Services in to their name. Thank you for your help. For further assistance in this matter, please contact this office at 949.644.3044. Sincerely, AM wa&rldl Lisa Walters Harbor Resources 1UNTINGTOIN CROV V iNC0 200 N. Glendora Ave-, Suite D Glendora, CA 91741 (626) 650-0315 Fax: (626) 650-0259 Escrow No.: 12 -1901 -KB RECEIPT FOR DOCUMENTS PIER PERMIT APPROVAL Receipt is hereby acknowledged of the following documents: COPY OF LETTER DATED APRIL 18, 2012,EXECUTED BY HARBOR RESOURCES ISSUED BY City of Newport Beach PERTAINING TO THE PROPERTY LOCATED AT: 6 Balboa Coves, Newport Beach CA Buyers have read, understand and approve said letter. EUYER(S): Michael Anthony and Susan Elizabeth Anthony, Trustees of the Agt4ny Family Trust -1992 BY: BY: r /i' 7 6Z_ City of Newport Beach Quest Create a New Request 6/11/12 3:23 PM -_.._...:.S�.E r?4+:.E;' - C�.ys ^_3 ,.- - �.3'�'Fi"',- lt:_ Quest Online Service Requests Welcome Michael I __ nfo I Sign Oui ')"jest Ho':I` Click on the request titles to view the details of a Search: Go particular request. reQuest Create Date Case Worker Status --by Type-- _ --by Create Date— 1 --by Case Worker— _7 f --by Status-- �-s:: Start Water Service - 6 Balboa Coves 6/4/2012 Sonia Arechiga-Camacho Completed 1 -loft City of Newport Beach 3300 Nevvport Blvd Newport Beach, CA 92663 949-644-3309 Contact the City © 2009 Privacy Policy & Disclaimer Site map 'Website Created b\/ Vision Internet Technical Questions/ Difficulties r -or optimal performance. this website recommends using IE7 +, Fire Fox 3.0+ or Safari 3.0+ https://www5.newportbeachca.gov/quest/main_view.aspx Page 1 of 1 �: _ HARBOR PERMIT TRANSFER APPLICA77O.N 829 Harbor island Drive Newport. Beach, CA 92660 949=644-3044 'Date of Applicaton: Permit Number: 1040 -OLP **Property Address: (p Bi--_„�iA^Cny.pP Pe-YLT P.PFCiLk , CA Q 2 P(� "Buyer"s Names:f-L- ut t— Billing Address: Telephone No.: Buyer's Signatures **Seflees Names:: Seller's Signatures: Joint Owner Signature: �fAW ;,IVA • �.,r . ' **Escrow Company: J�tj �, Tjkum Phone# 6� Sb - b2,> 1 S Off-,, co- **Address 2-0 bKA,vf Vy.A A�'. S c_'G'. CAesjV�nb� **Escrow Number: IZ- t i 0 I K6 **Fax #: �Z6) 1Q, _• 62_S'q q t 79/ Closing Date (Estimate): 16 * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date:Ale,11-2- Reinspection Date: Fee Paid: 2:7P -)—_Check No: g23G Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. From:Huntington Escrow r 6263358359 0411612012 17:10 C HARBOR, PERMIT TRANSFER APPLICATTON 82-9 Harbor. Island Drive Newport Beach, CA 92660 949644-3044 'Date of Applicaton: 4112.112 Permit Number: *'Property Address: (p ?50L L000, (�OLG 'Buyer's Names: Billing Address: Telephone No_: Buyer's Signatures: "Sel lees. Seller's Sic Joint Owner S #889 P.0021002 C1xq_V "Escrow Company:scit Phone#_ 626. 6!, 'o -0315 "Address 2.Op * c4 **Escrow Number: 'Fax#: Closing Date (Estimate): * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE. PROCESS. Inspection Date: Fee Paid: Application Complete: Reinspection Date: Check No: Harbor Resources SignaturelDate Special Condifionss This permit is revocable by the City Council in accordance with T -9e 17-ofMe Newport Beach Municipal Code. INSPECTION FORM Harbor Resources Department Date: (� Inspection Requested By: Inspector: Pier Address: Pier Transfer - GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes,4 Need None Needed Yes Need Date Time ❑ Pump Out Pier Location Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project No Eelgrass in Project Area. Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http://www6.city.newport-beach. ca.us/servlet/com. esri.esrimap.Esrimap? ServiceName=n... 04/16/2012 From:Huntington Escrow 6263358359 0411312012 11:43 #865 P.001I013 HUNTINGTON ESCROW*INC 0 0:s Date: April 12, 2012 200 N. Glendora Ave. Suite D �! Y Glendora, CA 91741 (626) 650-0315 Fax: (626) 650-0259 ✓ r (/ 6 Escrow No. 12 -1901 -KB City of Newport Beach Harbor Permit Transfer Re: 6 Balboa Coves, Newport Beach, CA Attn: Lisa Walters Fax no. 949-723-0589 L Dear: To assist us in handling the above numbered escrow, we are requesting the necessary documentation to meet your requirements to transfer the dock located at the above referenced address from the present owners, Joe Yu Tser, Tim Chiung,Joseph Chiung Chu, to Michael and Susan Anthony. Would you kindly fax to me the forms, fees and instructions necessary to insure that when I close the escrow all documents have been completed and I can forward the fees. I have attempted to call several times but I am sure you are very busy I thought it better to just fax. My a fax for the documents you required is 626-610-2122. Thank You so much for your time_ We appreciate having the opportunity of working with you. If there are any items you want furnished to you, please let us know so that we may provide them to you when we receive them. If you have any questigns, -please call us. Escrow Officer fj5 t. /14 i "" Frow Huntington Escrow 6263358359 04/13/2012 11:43 #885 P.0021013 Scale: I inch = 50feet 0' 25, so, 100' Tract NO. 1011 1 An easement for Public Utilities purposes recorded in /May 10, 1948 in Book 1642 Page 444, of Official Records, shown as Item No. 7 on Schedule B. 02012 Chicago Title Company Title Engineering Dept. 21540 Plummer Street Chatsworth, CA 91311 This is not a survey of the lancS nor is it intended to be a pari of the report or policy to which it may be atiached. It has been prepared as a courtesy for information only. Title Order No. 126016510-07, Prelim. Report dated as of March 2, 2012 issued by the Residential Title Dept, 535 North Brand Blvd., Glendale, CA 91203 Reference: 12-190110 Regardme: 6 Balboa Coves, Newport Beach, California Drawing Date: AprH 4, 2012 Designed By: Marc Esquejo Plat Showing Easements Affecting Lot 6 of Tract No. 1011, as per map recorded in Book 36 Pages 37 through 40, inclusive of Miscellaneous Maps Sheet 1 of 1 Archive # Frow Huntington Escrow 6263358358 CHICAGO TITLE COMPANY Reference: 12-1901 KB Regarding: 6 BALBOA COVES NEWPORT BEACH, CALIFORNIA 04113/2012 11:45 #885 P.003/013 PRELIMINARY REPORT Dated as of. March 2, 2012 at 7:30 AM Order No.: 126016510 - H07 In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. The form of Policy or Policies of title insurance contemplated by this report is: AMERICAN LAND TITLE ASSOCIATION LOAN POU.CY (6-17-06) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (2-3-10) Title Department: CHICAGO TITLE COMPANY 535 N. BRAND BLVD., 3RD FL. GLENDALE, CA 91203 (818)548-0222 Fax: (818)265-7865 TONY TARANTO Title Officer E-mail: tarantot@ctt.com PREFP -- 03/29/07 AA From:Huntington Escrow 6263358359 0411312012 11:46 #885 R.004J013 Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you maybe entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the propertythat is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. AGN - 08/14/06 AA From:Huntington Escrow 6263358358 04/13/2012 11:46 #885 P.005/013 Order No: 126016510 H07 SCHEDULE A Your Ref: 12-1901 KB 1. The estate or interest in the land hereinafter described or referredto covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: JOE YU TSER CHEN, A WIDOWER: JOSEPH CHIUNG-CHU CHEN, A SINGLE MAN AND TIM CHIUNG CHEN, A SINGLE MAN, ALL AS JOINT TENANTS 3. The land referred to in this report is situated in the State of California, County of ORANGE and is described as follows: LOT 6 OF TRACT NO. 1011, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE(S) 37 TO 40 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. From:Huntington Escrow 6263358359 04/13/2012 11:46 #885 P.006I013 Page 1 Order No: 1 2601 651 0 H07 SCHEDULE B Your Ref: 12-1901 KB At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2012-2013 THAT ARE A LIEN NOT YET DUE. B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2011-2012 1ST INSTALLMENT: $10,622.55 (PAID) 2ND INSTALLMENT: $10,622.55 PENALTY AND COST: $1,085.25 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: $7,000.00 CODE AREA: 07001 ASSESSMENT NO: 423-031-07 C 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. D 4. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. E 5. RIGHTS OF THE OWNERS OF OTHER LOTS IN SAID TRACT NO. 1011, IN AND TO THE WATERWAY AS SET FORTH ON THE MAP OF SAID TRACT. F 6. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: JULY 10, 1946 IN BOOK 1518 PAGE 63 AND RECORDED MAY 25, 1948 IN BOOK 1642 PAGE 428, BOTH OF OFFICIAL RECORDS. G SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. H MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS From:Huntington Escrow 6263358359 04/13/2012 11:47 #885 P.007/013 Page 2 Order No: 126016510 H07 SCHEDULE B (continued) Your Ref: 12 -1901 KB RECORDED: JUNE 11, 1956 IN BOOK 3555 PAGE 1; JANUARY 08, 1979 IN BOOK 12992 PAGE 1196; APRIL 13, 1981 IN BOOK 14017 PAGE 679; OCTOBER 30, 1981 IN BOOK 14276 PAGE 527; MARCH 21, 1984 AS INSTRUMENT NO. 84-117640; MAY 13, 1986 AS INSTRUMENT NO. 86-193765 AND JUNE 15, 1995 AS INSTRUMENT NO. 95-253327, ALL OF OFFICIAL RECORDS. 1 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES RECORDED: MAY 10, 1948 IN BOOK 1642 PAGE 444, OFFICIAL RECORDS AFFECTS: EASTERLY 5 FEET OF THE SOUTHERLY 10 FEET OF SAID LAND d 8. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: JANUARY 18, 2005 AS INSTRUMENT NO. 2005-0041416, OFFICIAL RECORDS 1 9. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. K 10. RIGHTS AND. EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF PACIFIC OCEAN. L 11. ANY RIGHTS IN FAVOR OF THE PUBLIC WHICH MAY EXIST ON SAID LAND IF SAID LAND OR PORTIONS THEREOF ARE OR WERE AT ANY TIME USED BY THE PUBLIC. N 12. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. 0 AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON COMPLETION OF THIS INSPECTION YOU WILL BE NOTIFIED OF THE REMOVAL OF SPECIFIC COVERAGE EXCEPTIONS AND/OR ADDITIONAL EXCEPTIONS TO COVERAGE. P END OF SCHEDULE B Q NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF From:Huntington Escrow 6263358359 0411312012 11:48 #885 P.0081013 Page 3 Order No: 126016510 H07 SCHEDULE B (continued) Your Ref: 12 -1901 KB DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) R NOTE NO. 2: WHEN THIS TITLE ORDER CLOSES AND IF CHICAGO TITLE IS HANDLING LOAN PROCEEDS THROUGH SUB -ESCROW, ALL TITLE CHARGES AND EXPENSES NORMALLY BILLED, WILL BE DEDUCTED FROM THOSE LOAN PROCEEDS (TITLE CHARGES AND EXPENSES WOULD INCLUDE TITLE PREMIUMS, ANY TAX OR BOND ADVANCES, DOCUMENTARY TRANSFER TAX AND RECORDING FEES, ETC.). S NOTE NO. 3: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT. U NOTE NO. 4: WE FIND NO OPEN DEEDS OF TRUST OF RECORD. PLEASE VERIFY BY INQUIRY OF YOUR ESCROW PERSONNEL AND OR AGENTS WHETHER OR NOT WE HAVE OVERLOOKED SOMETHING AND ADVISE THE TITLE DEPARTMENT ACCORDINGLY PRIOR TO CLOSING. T NOTE NO. 5: IF A COUNTY RECORDER, TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT OR ASSOCIATION PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT OR DEED TO ANY PERSON, CALIFORNIA LAW REQUIRES THAT THE DOCUMENT PROVIDED SHALL INCLUDE A STATEMENT REGARDING ANY UNLAWFUL RESTRICTIONS. SAID STATEMENT IS TO BE IN AT LEAST 14 -POINT BOLD FACE TYPE AND MAY BE STAMPED ON THE FIRST PAGE OF ANY DOCUMENT PROVIDED OR INCLUDED AS A COVER PAGE ATTACHED TO THE REQUESTED DOCUMENT. SHOULD A PARTY TO THIS TRANSACTION REQUEST A COPY OF ANY DOCUMENT REPORTED HEREIN THAT FITS THIS CATEGORY, THE STATEMENT IS TO BE INCLUDED IN THE MANNER DESCRIBED. NOTE NO. 6: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB -ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID From:Huntington Escrow Page 4 Order No: 1 2601 651 0 H07 6263358359 SCHEDULE B (continued) Your Ref: 04/13/2012 11:49 12-1901KB EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS #885 P.009/013 THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE -OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE -IN). THE COMPANY'S WIRE -IN INSTRUCTIONS ARE: WIRE -IN INSTRUCTIONS FOR. BANK OF AMERICA: BANK: BANK OF AMERICA 1850 GATEWAY BLVD. CONCORD, CA 94520 BANK ABA: 0260-0959-3 ACCOUNT NAME: CHICAGO TITLE COMPANY TRI -VALLEY MARKET CENTER ACCOUNT NO.: 12358-50729 FOR CREDIT TO: CHICAGO TITLE COMPANY 535 NORTH BRAND BOULEVARD GLENDALE, CA 91203 FURTHER CREDIT TO: ORDER NO.: 126016510 W NOTE NO. 7: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA LOAN POLICY, WHEN ISSUED. X NOTE NO. 8: THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS: 6 BALBOA COVES, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA Y NOTE NO. 9: THE CURRENT OWNER DOES NOT QUALIFY FOR THE $20.00 DISCOUNT PURSUANT TO THE COORDINATED STIPULATED JUDGMENTS ENTERED IN ACTIONS FILED BY BOTH THE ATTORNEY GENERAL AND PRIVATE CLASS ACTION PLAINTIFFS FOR THE HEREIN DESCRIBED PROPERTY. Z NOTE NO. 10: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS From:Huntington Escrow 8263358359 0411312012 11:50 #885 P.0101013 .Page 5 Order No: 126016510 H07 SCHEDULE B (continued) Your Ref: 12-1901 KB POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. AA NOTE NO. 11: THE RESPA RULE TO SIMPLIFY AND IMPROVE THE PROCESS OF OBTAINING MORTGAGES AND REDUCE CONSUMER SETTLEMENT COST INCLUDES A PROVISION FOR AVERAGE CHARGES, ALLOWING SETTLEMENT SERVICE PROVIDERS IS ESTABLISH AN AVERAGE RECORDING FEE. THE AVERAGE RECORDING CHARGE FOR ALL RESIDENTIAL LOAN TRANSACTIONS (INCLUDING REFINANCES) IS $96.00 AND THE CHARGE FOR ALL RESIDENTIAL SALE TRANSACTIONS WITH A PURCHASE MONEY LOAN IS $112.00. DIVIDE THE AVERAGE CHARGE BETWEEN THE BUYER AND SELLER AS PER CONTRACT OR LOCAL CUSTOM. THE AVERAGE CHARGE IS APPLIED REGARDLESS OF THE NUMBER OF DOCUMENTS RECORDED IN THE TRANSACTION, THE NUMBER OF PAGES IN EACH DOCUMENT OR THE ACTUAL RECORDING CHARGES. IF YOUR TRANSACTION IS NOT A RESIDENTIAL LOAN OR SALE WITH A NEW LOAN, PLEASE CONTACT YOUR TITLE PROVIDER FOR ACTUAL RECORDING CHARGES. AB NOTE NO. 12: ANY DOCUMENTS BEING EXECUTED IN CONJUNCTION WITH THIS TRANSACTION MUST BE SIGNED IN THE PRESENCE OF AN AUTHORIZED COMPANY EMPLOYEE, AN AUTHORIZED EMPLOYEE OF AN AGENT, AN AUTHORIZED EMPLOYEE OF THE INSURED LENDER, OR BY USING BANCSERV OR OTHER APPROVED THIRD -PARTY SERVICE. IF THE ABOVE REQUIREMENTS CANNOT BE MET, PLEASE CALL THE COMPANY AT THE NUMBER PROVIDED IN THIS REPORT. PLATS TT/LA Frow[luntington Escrow 6263358359 04/13/2012 11:50 #885 P.0111013 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF') must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumers right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. Not all discounts are offered by every FNF Company. i ne discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies FNF Underwriters CTC - Chicago Title Company CTIC - Chicago Title Insurance Co_ Available Discounts CREDIT FOR PRELIMINARY TITLE REPORTS AND/ OR COMMITMENTS ON SUBSEQUENT POLICIES Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 - 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report_ FEE REDUCTION SETTLEMENT PROGRAM Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California. DISASTER LOANS The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES .OR CHARITABLE NON-PROFIT ORGANIZATIONS On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the churchs obligation the charge for an owners policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lenders policy shall be 32% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. SHORT TERM RATE The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured by or under the terns of a prior policy, or is the vested owner of the interest insured by said policy. The short term rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected. EMPLOYEE RATE No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. NAD - 09i09i0 AA Frow Huntington Escrow 6263358359 04/13/2012 11:51 #885 P.012/013 Effective Date: 5/l/ 2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF') respect the privacy and security of your non-public personal information ("Personal Informalion'and protecting your Personal Information is one of ourtop priorities. This Privacy Statement explains FNFs privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed_ FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information and income information; Information we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links you used to get to ourwebsites, and youractivity while using or reviewing ourwebsites. Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transactions, account balances, and credit card information; and Information we receive from consumer or other reporting agencies and publicly recorded. Disclosure of Personal Information We may provide your Personal information (excluding information we receive from our consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connections with an insurance transactions. To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested. To an insurance regulatory, or law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation To companies that perform marketing services on our behalf or to other financial institutions with which we have had joint marketing agreements and/ or To lenders, lien holders, judgement creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be, determined, settled, paid or released prior to a title or escrow closing We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/ orto comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, In conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers orformer customers to nonaffiliated third parties, except as outlines herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide prod ucts or services to you. We maintain physical , electronic, and procedural safeguards that comply with federal regulation to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Inform ation,under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims_ For your arotection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted bylaw we may charge a reasonable fee to coverthe costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. PRBMACYr - 05/05/08 AA i5l 1S 11LUI� eL Frow Huntington Escrow 6263358359 0411612012 17:10 #889 P.001/002 200 N. Glendora Ave., Suite D Glendora, CA 91740 (626) 650-0315 Fax: (626) 650-0259 f a t FACSIMILE TRANSMITTAL COVER SHEET Date: To: From: Kathy Burnett qdi Escrow No. [ S Loan Number: Fax No.: CONFIDENTIALITY NOTICE The document(s) accompanying this facsimile transmission may contain confidential information which is legally privileged. The information is intended only for use by the individual or entity named above. If you are not the intended recipient, or the person.responsible for delivering the transmission to the intended recipient, you are hereby notified that any disclosure, copying, or distribution or use of any of the - information contained herein is strictly prohibited. if you have received this transmission in error, please immediately notify us by telephone and mail the original facsimile to us at the above address via the US Postal Service. Thank You. NUMBER OF PAGES, INCLUDING THIS COVER SHEET: Ofts . .,r _ C ���a4 6 o �_ .::. ; HARBOR. PEId AHT TRANSFER APPLICATION Date of Applicaton: Permit Number: Property Address: 6 BALBOA COVES NEWPORT BEACH, CA Buyer's Names: Tim CH'ILM CHEN ✓13111ing Address: P �0 p� � g sr v®uY's Signatures: Seller's Names! Seller's Signatures: Joint.®wner Signature: Escrow Company: FREEDm ESCROW 2 CIVIC PLAZA #200. NEWPORT BEACH, CA Escrow Number: 36247-T Fax ( 949) 644-3938 . Inspection Date: 311 u VQ Reinspection ®ate. II Fee Amount: Date Paid: Application Approved: Special Conditions. This permit is revocable by the City .Council in accordance with Title 17.of the Newport Beach Municipal Code_ r A V1, TRANSFER APPLICATION Date of Applicaton: Permit Number: 00 I 1000o Property Address: 6 BALBOA COVES NEWPORT BEACH, CA Buyer's Nasties: Billing Address: Telephone No.: Buyer's Signatures: Sellers Names.- DAVIDR. FOURNIER AND BETHANY J. SCHILLING Seller's Signature Joint ,Owner Signature: Escrow Company: FFMMM ESCROW 2 criic PLAZA #200 NEWPORT BEAM, CA Escrow Number: 36247-T Fax #: (949)644-3938 Ins ection Date; � �0 I Reinspection Date. Q Pee Amount: Date Paid. Cheek Number: - - Application Approved: Harbor Resources SignaturelDete Special Conditions. This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. AP.-airane Consulting& Design r2,4C7- # to// Z- 0 T r,,, Win`... 7PC r -f -IS M —DATr WORK SMALL BE DOP-:'o IN Arv*RDAN!"C—ENWH THE VANDARD SPE�'�;IRCATDIiS FOR PLASLK'; W0RiS---- *NSTRUCTiON AND IS SUBJECT TO CITY INSPECTION �� S4 ke of are V.&f \1 5) 7 In 97Z � �l �� 25 � L.O�G m 9L-5 15TANG ZF ,'?7 2-5-4 ,v,(0)FESS1 Sp�D <1 S3812 rn r z 03/31/01 r" VJ5A 5400 1% /�4�J�'NJL fZ �/L /0►/G s y mriarine Consulting & Design �� s 900 3 Z7 4 L 2" , ::5° ---1.:f ur too tto: C� (• n l r' T r) N C. A 7 r B-.aa-Qk; of_cAn©nt ver cubic y_nr_d Q_-1--6,000�ei_at 28_dpys -- �'-o{- PB�TBESSI�iG �/2" _270 K_,__uigqqr-ted stress .tOUsued Bev©n u re strand, 4 7e17-,4L- .6 aT,4L.6 1[n]cking_.�trear�__-- 16 000--Ps1 + —3S,�009--ps 1 IIIStia1__e� og�_-- __ 197,L000_pmJ -- -----—R15in2 nitial-�Qrce_yer exrrnd __3.055.0 lbs Working_ stress — — 162LOOQ Psi -- - - --, - -- --- =- L�5n2 BQKJJd f orae. per atrrand .... .25., J10 1bF TQ-.tal worklog forco - - - /00,// 4,01b6 Mf00tiY9_ pr�estxaye - %8poi HARBOR PRECAST COMPANY LONG BEACV. CALIFORNIA PRESTRESSED CONCRETE" PILES 12" Sr?I.1ARE CHC CMCD Ar►novrD `CAL[ -- DWG No. /2 " square p1/ec , 4 s-Ira-ld,. po AX14/ '''1ogd proper;-11es of Sac/ion Areca = l2� Sec/ion /Yloaiulus 0,60P'A 1 ecfnHy v/Qr 9��s ��(roaSJC 3centor of lle Se4/ivr� / Iodmuld/99orw9J�/S j'`/�o�r�h eeAl or of pif� DOa irl. 1ps / cps//-1 7D o % Corr, press/o« fe S o on �f % �'UMenf limn led by r&e-ss of d `, 2 oz, (7o,J - 0)//'Z- /l, 9Dv ff lbs s/rers of 7.5- �� 6�-Wek�;,.�J y j✓1 2ay (16ro �` S£�d�/ 2 = 2z 760 fl /,bf t -Z 'j- 7 -:7- 7173 -7 / X14 1 700 Y -2- 77 o ti F E S Sl,o y�Q�o . OBD ✓9Fg9�Fy Q) S3812 f ui P. 03/3 01 PF c .0 qw 'yo E WP() Y Date of Applicaton: Permit Number: Property Address: 6 BALBOA aovEs NEWPORT BEACH, CA Buyer's Names: TIM CHIUNG CHEN ✓13illing Address:. o�� /Telephone No.: s , as 9 - v4y er's Signatures: Seller's Names= Seller's Signatures: Joint Owner Signature: Escrow Company: mEmcK EscRow 2 CIVIC PLAZA #200. NEWPORT BEACH, CA Escrow Number: 36247-T Fax #: (949) 644-3938 . Inspection Date: 3IwU 1 Reinspection Date: Fee Amount: Date Paid: h Numbe Application Approved: Spacial Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code- s r 1 V a/� WP HARBOR PE AHT TRANSFER APPLICATION Date of Applicaton: Permit Number: d ! I 00q l Property Address: 6 RALBOA MISS NEWPORT BEACH, CA Buyer's Names Billing Address: Telephone No.: Buyer's Signatures: Seller's Names: DAvIDR. FOURNIER AND BETHANY J. scHILLING Seller's Signatures: ` Joint Owner Signature: Escrow Company: RREEM4 ESU' 2 CIVIC PLAZA #200 NEWPORT BEACH, Escrow Number: 36247-T Fax #: (949)644-3938 Inspection Date: �. Reinspection Date. 1 1 0 Fee Amount: Date Paid: Check Number: Application Approved: Harbor Resources Signature/Dete Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. 4 S Y CA (;;FREE E S C R O W Telephone (949) 644-3939 -2 Civic Plaza - Suite 200 - Newport Beach, CA 92660 - FAX (949) 644-3938 www.freedomescrow.com CITY OF NEWPORT BEACH FIRE AND MARINE DEPARTMENT P.O. BOX 1768 (NEWPORT BEACH PIER) NEWPORT BEACH, CA 92658-8915 Attn: WES ARMAND Re: 6 BALBOA COVES, NEWPORT BEACH, CA 92663 In connection with the above referenced escrow, we enclose the following: HARBOR PERMIT TRANSFER APPLICATION CHECK IN THE OF $185.00 FOR BALANCE OF TRANSFER FEE If you have any questions or need anything further, please do not hesitate to call. Sincerely, Freedom Escrow ;t Date: November 8, 2001 Escrow No.: 36247-T Your Re: CITY OF NEWPORT BEACH October 17, 2001 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Fredom Escrow 2 civic Plaza, Suite 200 Newport Beach, Ca 92660 Re: Pier Permit 01100061, for #6 Balboa Coves, Newport Beach #362471-T Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the Transfer Application Form signed by both the Seller and Buyer and $185.00 balance for the transfer fee. If you require further assistance in this matter, please call 644-3043. Sincerely, 44", Wes Armand Harbor Resources r , 3300 Newport Boulevard, Newport Beach Q SEW Pp�T ° m CITY OF NEWPORT BEACH } .D U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 ,q F R O October 9, 2001 Freedom Escrow 2 Civic Plaza, Suite 200 Newport Beach, Ca 92660 Re: Pier Permit 01100061, for #6 Balboa Coves, Newport Beach, #362471-T Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for #6 Balboa Coves. The facility was inspected on October 3, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. Current device is no longer approved. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, J ies�RArmand Harbor Resources F A D D 3300 Newport Boulevard, Newport Beach it'FREEDOM ESCROW Telephone (949) 644-3939 -2 Civic Plaza • Suite 200 • Newport Beach, CA 92660 • FAX (949) 644-3938 www.freedomescrow.com September 24, 2001 Mr. Wes Armand Fire and Marine Department Newport Beach Pier Newport Beach, CA 92663 Re: Escrow No.:36247-T RE:6 BALBOA COVES, NEWPORT BEACH, CA 92663 DAVID R. FOURNIER AND BETHANY J. SCHILLING Enclosed please find the following: THE BUYER IS--CHIUNG TIM CHEN CLOSE OF ESCROW DATE IS --NOVEMBER 9, 2001 Check in the amount of $185.00 representing the transfer and Inspection fees for the Pier and Boat slip. Please forward copies of your inspection with any corrections needed. We will be forwarding the signed and completed Permit Card at the close of escrow. Thank you for your cooperation and prompt attention. If you have any questions, please do not hesitate to call. Very truly yours, JUDY TEEL ESCROW OFFICER aW 1y40'Z=Z &4� / - �V ./ Po ° CITY OF NEWPORT BEACH } U -Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P qC� FO RN March 6, 2001 Mariners Escrow 4 Civic Plaza, Suite 100 Newport Beach, Ca 92660 "./ 'L/ .-�- 0/t (p `-/ `/ — 3!5(i Re: Pier Permit RP01100061, for #6 Balboa Coves, Newport Beach, #2 -2614 -MS Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for #6 Balboa Coves. The facility was inspected on March 6, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The device that is in use currently no longer is accepted by the State of California Health Department and must be updated. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach MARINERS ESCROW `t CIVIC PLAZA City of Newport Beach Marine Division Newport Pier Newport Beach, CA 92663 Attn: Wes Armand Re: Permit # RPO 1100061 Dear Wes Armand, 4 Civic Plaza, Suite 100 Newport Beach, California 92660 Phone (949) 729-0199 Fax (949) 729-0190 Date : February 22, 2001 Escrow No. :2 -2614 -MS Enclosed a check in the amount of $171.050 for the dock inspection at 6 Balboa Coves, Newport Beach. Thank you. Should you have any questions or need any further assistance, please do not hesitate to contact the undersigned. Thank you. Mariners Escrow Civic Plaza it Sauter S o Officer JJ CITY W NEWPORTBEACH OF �S -- CITY e�UPPER I NBfMr w iter eleJ♦final MVAg440 INL,I. PRCrpTC OCERN PIER ICSrC�§'T1�%� .VICINITY HRP PROFILE 1= ®� to, lofw awe cmmnxaar+ ,. JEM. SOUNDINGS fw IN FEET FWD DENOTE aEVRTIONS ' DON Pel LOf�ER LOW f�TER: �- - - - - T&67 /off/ � EXrSr�NC� �t13TiA/6• 3� zo � /OJ�LO'.FlG.4i' a•6+VGw4 k u.de r /e o PRe>P®sE,o � 07,6 /0 XYZ' P/Fp r Ciu`Krt�to - T LO% % 134�w / EEL GRASS INSPECTION o NO EEL GRASS ❑ EEL GRASS IN THE \ ��GbCK PROJECT AREA -SI G INA E FIRE & MARINEDEI I. PERMIT# DATE CITY PLAN Vl im is _ O APPLICANT ° S NAME 0,olj'L) 1 Q,UR Pj% I E� _JOB ADI ESS ��' M&8cv' } CQ >�TE %57 nHRwr AM 1 r♦rr UL.H 1 1UN (Please prin. _j. )rmauunj f } Ill LO Fc�l�/2 1. Applicant (Property Owner) Address Telephone # M r7 L4- C,0(Il�' -4 2. Project Address (Street Address) / Harbor Permit Number 3. New Construction evision !/ Maintenance _ 4. Fee 0:Check No. ;�/ 015-D 5. Brief Description of Proposed Dredging _ Date 6 - AS'�� 6. Submit 8 1/2" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed. dredging with elevations showing depths.with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the OWNER. of the property is the applicant. 11).Drawing size shall be 8 - 1/2" x 11". 12).Scale shall be adequate to clearly show the above information. 13).Existing structures shalt be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be pleted (o everse side of this sheet) 8. Applicant's/Agent's Signature: Date: 6 -45 -- �22. Joint Permittee Signature (If apicable): Date: 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach _- Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspection. OFFICE E ONLY - Approval in Concept. Approval of the City of Newport Beach Council. _ Approval of the Army Corps of Engineers Approval of the California Coastal Commission. _V Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) �Isued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Date Date Date Date Date Date Date Date Dated -7 - Dated 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). Any City or County which requires a permit. to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors . License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than.five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does riot apply to, anowner of property who builds or improves thereon, and who does such work himself or through his .own .employees, ,provided that such improvements are not intended or. offered for sale. If,. however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon; and who contracts for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Date: Contractor: �'LJ 1 �T SLl Cil elephone: L)L — 7 . 3 �-�SS� Address: tk License class: .A_State Board No. S0610? City License No. 9 80222 - License Contractor's Declaration I hereby affirm that I am lic under provisions of Chapter -9 (commencing with Section 7000) of Division 3 of the B ine s and P fessions Code, and my license is in full force and effect. Contractor's Signature Date: U l ul CITY ®F NEWPORT BEACH CITY OF � S '�lIENPORT BEACH LEST T ' Pax BRY k1l PRCIF.jC CERN VICINITY MRP sir +oar W, our== /vxzo' FXasT Wnw 1- /2" la yc.,detoile � a 4Al �i Ale i i f no AUG 111999 I � P��(cicJ♦fio� t g,S t 3,0 PROF I LE 1- = jo . WMINGS FIRE DFRESS£D IN FEET FIND DENOTE E1EVRTI016 IDS ON HEM LOWER LOW WRTF.R. Ff/STleve- IDott< LOT 5. .Fat/sTiNb � 3X �a' 100,41e Pat PRo�osep P-.4 rr-u-m I %9G7" N9 /0!/ L orb �JDT :.rnls-rA 1, 4. IP LATE LM vJa i 19 "dosimcfer"I F- x ,3T/NG 8"A.tcHe,t0 L oT 7 EEL GRASS INSPECTION 46—NO EEL GRASS O EEL GRASS IN THE \ PROJEC A l/ SIGNff ORE Y �( FIRE & MARI PERMIT# DATE CITY NEW 'PLIaW'S WME DSV 11) F0,URi %1Ep, JOB kDRESS #6 %riot 3 'ict pernit woo 0 TDE 1 BE .��TVX a , 8&&WoWl mTE 6 /s- CITY OF NEWPORT BEACH CITY OF S" •�}tENPORT BERCH aw f_ O t8S- 4 ;O!A poRT l9RCjrrC leo' OCER/V PIER .VICINITY MAP E�sr PROF i LE 1'NmT 0' Wf= sir, CR-wam MWINGS R; E E * REMED` IN FEET R40 DENOTE ELEVRTIONS ' BRSED ON t'ER4 LOWER LOW WITER. LOT S — -- — — 7,e,9cr IL C -91s ri v6. &,17 iA16- 3.q zO � ioxzo' ,r&*r G�9'rtlG w p y> / N wnw m �S ya,dCPi/e ,� PROpose-D LOT6 �OTr,; TIVS7A -4- /0,01 /—Ft 4- 10 1IE,e /n x / Z e16A ?j.4 PLATF-00-M WITH for, fxlzr�me, 4o7- -7 EEL GRASS INSPECTION NO EEL GRASS AxsTiK/� ❑ EEL GRASS IN THE \� CK PROJECT AREA 2< � FIRE & MARINE DE, NA ao� -� ��– CITY F N7T DE PERMIT# DATE PLAN EYV 1' = 0' f 'PLICNNT'S NW -DtI % 11 F,6 Ui? 1V 1 Ep...J0B II'MaTss #,�5 8}L CDT DnTE 6 1S 9 Cirf OF NEWPORT BEACH HARBOR P R I M PERMISSION. IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY COUNC 8N ACCORDANCE WITH 70 OF ICIPAL MY HAR®R C®ORDINA W— a PERMIT IVO. DATE STATE OF CALIFORNIA - THE RESOURCES ' 'U- GRAY DAVIS, Governor CALIFORNIA COASTAL GUMMISSION South Coast Area Office Pae 1 of 3 200 Oceaagate, Suite 1000 g `�► Long Beach, CA 90802-4302 Date: November 9, 1999 (562) 590-5071 Permit No: 5-99-29 �EcEIvED BY PLANNING DEPARTMENT COASTAL DEVELOPMENT PERMIT CITY 07�'r',"'r'^T NN 12 1990 AM PM! On 2 November 1999, the California Coastal Commission granted to DJIblWd"j� 11,114,516 Coastal Development Permit 5-99-297, subject to the attached Standard ant Special Conditions, for development consisting of: Construction of a 10 foot by 12 foot wood pier platform to be supported by one 14 inch diameter concrete "T" piling. In addition, the existing 3 foot by 20 foot gangway will be relocated to extend from the proposed pier to the existing 10 foot by 20 foot dock float. The pier platform is proposed to be used as a staging area for boating related activities such as loading and unloading the boat and the storage of kayaks and other small marine vessels such as sabots. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 6 Balboa Coves, Newport Beach. Issued on behalf of the California Coastal Commission on November 9, 1999. s i PETER DOUGLAS By: Executive Director Title: Coastal Program Analys ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-99-297 Page 2 of 3 STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an. affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction -related requirements: COASTAL DEVELOPMENT PERMIT No. 5-99-297 Page 3 of 3 (a) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave erosion and dispersion; (b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (c) No machinery, with the exception of a barge or land -mounted crane, shall be allowed at any time seaward of the bulkhead; (d) Disturbance of the harbor bottom and intertidal areas shall be minimized. 2. Use of Platform Limited to Boating Related Uses By acceptance of this permit the applicant agrees and acknowledges that the sole use of the 10 by 12 foot platform area is limited to boating related uses and shall not be used for any other uses including but not limited to private residential patio amenities. KFS: G:IPERMIMS-99-297 fournler permit.doc STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office 10 Oceangate, Suite 1000 -ong Beach, CA 90802-4302 (562)590-5071 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT C EACOH OCT 29 19-J AM Phi 718191101 111 � 111�13141� 16 GRAY DAVIS, Govemor -w Filed: August 11, 1996- 49th Day: September 29, 1999 180th Day: February `s 7L2S00 Staff: KFS -LB " Staff Report: October 14, 1999 Hearing Date: November 2-5, 1999 Commission Action: STAFF REPORT:- REGULAR CALENDAR APPLICATION NUMBER: 5-99-297 APPLICANT: David Fournier AGENT: Pete Swift, Swift Slip PROJECT LOCATION: 6 Balboa Coves, Newport Beach, Orange County PROJECT DESCRIPTION: Construction of a 10 foot by 12 foot wood pier platform to be supported by one 14 inch diameter concrete "T" piling. In addition, the existing 3 foot by 20 foot gangway will be relocated to extend from the proposed pier to the existing 10 foot by 20 foot dock float. The pier platform is proposed to be used as a staging area for boating related activities such as loading and unloading the boat and the storage of kayaks and other small marine vessels such as sabots. LOCAL APPROVALS RECEIVED: City of Newport Beach Fire and Marine Department Approval in Concept, Harbor Permit Number 1011-6. SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach certified Land Use Plan; City of Newport Beach Harbor Permit Policies, Coastal Development Permits 5-99-120 (Sutherland), 5-99-121 (Vance), 5-99-113 (Bradburne); 5-99-043 (Brown), 5-98-523 (Bridges). SUMMARY OF STAFF RECOMMENDATION: Staff recommends approval of the proposed development subject to two special conditions. Special condition No. 1 requires minimization of construction impacts on harbor bottom and intertidal areas, appropriate storage of construction materials, removal of construction debris, and no mechanized equipment, except a barge or land -mounted crane, seaward of the bulkhead. Special condition No. 2 limits the use of the 10 by 12 foot platform solely to boating related uses. 5-99-297 (Fournier) Page 2 of 9 STAFF RECOMMENDATION: _ The staff recommends that the Commission adopt the following resolution: 1. APPROVAL WITH CONDITIONS The Commission hereby GRANTS a permit, subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, is located between the nearest public road and the sea and is in conformity with the public access and public recreation policies of the Coastal Act, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. 11. 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. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5-99-297 (Fournier) Page 3 of 9 III. SPECIAL CONDITIONS - 1. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction -related requirements: (a) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave erosion and dispersion; (b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (c) No machinery, with the exception of a barge or land -mounted crane, shall be allowed at any time seaward of the bulkhead; (d) Disturbance of the harbor bottom and intertidal areas shall be minimized. 2. Use of Platform Limited to Boating Related Uses By acceptance of this permit the applicant agrees and acknowledges that the sole use of the 10 by 12 foot platform area is limited to boating related uses and shall not be used for any other uses including but not limited to private residential patio amenities. IV. FINDINGS AND DECLARATIONS: The Commission hereby finds and declares: A. PROJECT DESCRIPTION AND LOCATION The applicant is proposing to construct a 10 foot by 12 foot wood pier platform. The pier platform will be supported by one 14 inch diameter concrete "T" piling. The proposed piling will result in the fill of approximately 1 square foot of open coastal waters. In addition, the existing 3 foot by 20 foot gangway will be relocated to extend from the proposed pier to the existing 10 foot by 20 foot dock float. The platform is proposed to be used as a staging area for boating related activities such as loading and unloading the boat and for the storage of kayaks and other small marine vessels such as sabots. The subject site is located at 6 Balboa Coves, City of Newport Beach, Orange County, in Newport Harbor within the private gated community of Balboa Coves (Exhibit 1). The subject site was inspected for eelgrass and none was found. B. MARINE ENVIRONMENT The proposed project will involve the placement of one concrete T -pile in open coastal waters (i.e. Newport Bay). This pier platform piling constitutes fill of open coastal waters. More specifically, the proposed piling will have a total fill of approximately one square foot. Under 5-99-297 (Fournier) Page 4 of 9 Section 30233 of the Coastal Act, fill of open coastal waters is only allowed when several criteria are met: (a) the project must fall within one of the use categories specified; (b) the proposed project must be the least environmentally damaging alternative; and (c) feasible mitigation measures to minimize adverse environmental effects must be provided. Section 30233 of the Coastal Act states, in part: (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shaft be limited to the following. (4) In open coastal waters, ether than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. In addition, the City's certified Land Use Plan states: Residential and commercial structures (except piers and docks used exclusively for berthing of vessels) shall not be permitted to encroach beyond the bulkhead line. The proposed project meets the first criteria because the proposed development is for recreational boating purposes. Fill of open coastal waters, such as Newport Harbor, for the construction of a boating facility is an allowable use under Section 30233(a)(4) of the Coastal Act. The proposed project requires one T -pile. The pile is necessary to support the proposed pier platform which is necessary to support a recreational boating facility. The project proposes to use a single T -pile to support the pier platform area. In this case, there is no pier area separate from the platform. Rather the pier area is comprised of the 10 by 12 foot platform. Since the platform is coincident with the pier, the same number of T -piles would be required to support the pier area whether it was widened to the 10 foot platform width or not. Therefore, no fill is required for the support of the platform. This pier platform is similar in design to development approved by the Commission under coastal development permits 5-99-043 (Brown) and 5-99-113 (Bradburne) where the pier and pier platforms were coincident with one another, where the pier platform was proposed for boating related uses, and where there was no difference in the quantity of pilings necessary to support a narrow pier versus a wider pier platform. Nevertheless, the question has arisen of whether or not the proposed 10 by 12 foot platform constitutes a bona fide boating use or would serve as private residential patio area. The City's certified Land Use Plan (LUP) policy cited above precludes residential and commercial structures (except piers and docks used exclusively for berthing of vessels) from encroaching beyond the bulkhead line. Existing private, residential boating facilities in Newport Harbor often consist of a pile -supported pier with platform area, a gangway, and a rectangular or "U"shaped float. The City's Harbor Permit Policies limit the size of the platforms to 10 feet by 14 feet. Piers are fixed, pile -supported structures which extend from dry land areas to water areas which connect to a gangway that leads to a float. The length of a pier depends on the size of the boat, the amount of draft the boat needs, and the depth of the water. The overall length of a boat dock is limited by the City's Harbor Permit Policies (HPP). The HPP do not allow docks 5-99-297 (Fournier) Page 5 of 9 to extend channelward of the adjudicated U.S. Pierhead Line, except in certain specified areas where, due to the bottom configuration and/or the width of the channel, they are allowed to extend to the adjudicated U.S. Project Line. Piers and gangways in Newport Harbor are typically 3 to 4 feet wide. The docks or floats vary in size and configuration depending largely upon the type and size of boat to be docked. The majority of boat docks in Newport Harbor have platforms. Based upon a site visit, review of aerial photos of the harbor, conversations with the Newport Beach Fire and Marine Safety Department staff, and review of prior waivers and coastal development permits, Commission staff confirmed the approval of several platforms. Commission staff observed that while some of the existing platforms in Newport Harbor contained lockers, small boats, kayaks, and boating equipment or were empty, others had tables and chairs or benches, flower pots, etc. Staff also observed that while some of the platforms were supported by pilings at each corner, other platforms and piers were supported by a single row of "T" shaped piles. The applicant has indicated that the platform will be used solely for boating purposes. Specifically, the applicant proposes to use the pier platform as a staging are to facilitate the loading and unloading of equipment and supplies to the boat as well as a storage area for kayaks and other small marine vessels. Based on the uses proposed by the applicant, the Commission finds that the proposed pier platform does constitute a boating facility. As a boating facility, the proposed pier platform is a use specifically allowed under Section 30233(a)(4) of the Coastal Act. Although as proposed the pier platform constitutes a bona fide boating facility, there is the possibility that additional uses may be contemplated in the' future. If a future use did not constitute a legitimate boating use, the issue of fill (in the form of piles supporting the pier platform) for a non -allowable use is raised. For example, the pier platform area could be converted to private residential patio use by the placement of chairs or tables. In order to assure that this does not happen, special condition No. 2 is required. Special condition No. 2 limits the use of the pier platform solely for boating related purposes. In addition to the use -related issue, Section 30233 of the Coastal Act also requires that any project involving fill of open coastal waters be the least environmentally damaging feasible alternative. One way to reduce environmental damage to open coastal waters is to minimize the quantity of fill. Some pier platforms in Newport Harbor have been constructed using two T -piles centered under the platform area rather than a single pile at each of the four corners. Although the T -piles have a slightly larger diameter than the single piles, the use of two T -piles rather than four single piles results in less fill. In this case, the proposed project only requires one T -pile to support the pier platform because one end of the pier platform is connected to'the bulkhead,. In addition, the project has been designed in conformance with the Department of Boating and Waterways Guidelines, and uses only the piles necessary to support recreational boating facilities. Therefore, since the proposed project minimizes the quantity of fill of coastal waters, the Commission finds that the proposed project is the least environmentally damaging feasible alternative. Finally, Section 30233 of the Coastal Act also requires that feasible mitigation measures to minimize adverse environmental effects must be provided. The proposed project meets this requirement because the proposed piling will provide habitat for marine organisms such as mollusks. 5-99-297 (Fournier) Page 6 of 9 The proposed project will result in the fill of open coastal waters for a boating facility, which is an allowable use under Section 30233 of the Coastal Act. In addition, the proposed project is the least environmentally damaging alternative, and does provide feasible mitigation measures. Therefore, the Commission finds the proposed project is consistent with Section 30233 of the Coastal Act. C. PUBLIC ACCESS Section 30604(c) of the Coastal Act requires that every coastal development permit issued for any development between the first public road and the sea include a specific finding regarding the conformity of the proposed development with the public access and recreation policies of Chapter 3 of the Coastal Act. The proposed development is located between the first public road and the sea. Section 30212 of the Coastal Act states, in relevant part: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (2) adequate access exists nearby. Section 30224 of the Coastal Act states: Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. Sections 30210; 30211 and 30212 of the Coastal Act require that new development provide maximum public access and recreation, avoid interference with the public's right of acquired access, and provide public access from the nearest public roadway to the shoreline and along the coast except under certain circumstances. The subject site is within Newport Harbor in the private locked gate community of Balboa Coves. Therefore, no public access is available in the immediate project vicinity. However, public access and recreation opportunities exist nearby at a public park adjacent to Channel Place and the end of River Avenue (Exhibit 1). The proposed development consists of construction of a new boat dock within the U.S. Pierhead Line. The proposed development will not adversely impact navigation. The development will not create adverse impacts on coastal access and recreation. Therefore, the Commission finds that the proposed development does not pose significant adverse impacts on existing public access and recreation and is consistent with Section 30212 of the Coastal Act. In addition, the proposed development is a recreational boating facility. Recreational boating facilities are an encouraged use under Section 30224 of the Coastal Act. Therefore, the proposed development is consistent with Section 30224 of the Coastal Act. 5-99-297 (Fournier) Page 7 of 9 5-99-297 (Fournier) Page 8 of 9 D. WATER QUALITY Section 30230 of the Coastal Act states: Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. The applicant is proposing to construct a new recreational boating facility on the water in Newport Harbor. The approval from the City of Newport Beach indicates that no eelgrass is present at the subject site. Due to the proposed project's location on the water, the proposed work may have adverse impacts upon water quality and the marine environment. Storage or placement of construction materials, debris, or waste in a location subject to wave erosion and dispersion would result in adverse impacts upon the marine environment that would reduce the biological productivity of coastal waters. For instance, construction debris entering coastal waters may cover and displace soft bottom habitat. In addition, the use of machinery in coastal waters not designed for such use may result in the release of lubricants or oils that are toxic to marine life. In order to avoid adverse construction related impacts upon marine resources, special condition 1 outlines construction related requirements to provide for the safe storage of construction materials and the safe disposal of construction debris. Only as conditioned for appropriate storage of construction materials and equipment does the Commission find that the proposed development is consistent with Section 30230 of the Coastal Act. E. LOCAL COASTAL PROGRAM Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act. The Commission certified the Land Use Plan for the City of Newport Beach on May 19, 1982. As conditioned, the proposed development is consistent with the policies contained in the certified Land Use Plan and with the Chapter 3 policies of the Coastal Act. Therefore, approval of the proposed development will not prejudice the City's ability to prepare a Local Coastal Program for Newport Beach that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a). F. CALIFORNIA ENVIRONMENTAL QUALITY ACT Section 13096 of the Commission's regulations requires Commission approval of Coastal Development Permit applications to be supported by a finding showing the application, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA 5-99-297 (Fournier) Page 9 of 9 prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The proposed project has been conditioned for consistency with the marine resource protection policies of Sections 30230 and 30233 of the Coastal Act. Mitigation measures, in the form of special conditions require 1) removal of construction debris and minimization of construction impacts, and 2) limiting the use of the 10 by 12 foot platform solely for boating related purposes, will minimize all adverse effects. The proposed development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. There are no feasible alternatives or mitigation measures available which will lessen any significant adverse impact the activity would have on the environment. Therefore, the Commission finds that the proposed project is consistent with CEOA and the policies of the Coastal Act. 5.99-297 (Foumier) stfrpt tit f-rcle at DIVAt POPAPO PARK an cp�ST h ^ * ♦S�! 9 r N N n^ • 10L O CHANNEL (LACE .L r 88X PARK 7C 0 9 4 � 5 vi !, I. 8A1jpz 00A ■ SIO'N pA Y 4001 19 20 23 2p °a9 �A► t7 a \ \ \ ^o 6' a °S %�V 2i—�, �'i E` .�CJ�' Ir RD y1 � ygHp r►' O� �„ N ol oor ♦!� 2'S S W� 2 r'�2`P kO,O 0 OOy 1a �S x xpAO6+ 2Os'.,gS 2 � S 0 ej g6S cs°2� 'D 2 ? al Ik 00 OO�'�e ! !S � � e2 x •+ os , 9oS4 22e� ��� �� x � X665 kv A6iF Odr qt� , 9 AN 3 Zim commissio I � m + .I.,4 C CITY OF NEWPORT HCHCH S//7 CITY OF ��T BERCH M6T a `\.�\ AUG 111999 �C� rlrJ�fo� t e.� 0 SRN 0000 � PROF i LE 1 • _ i0'a�Co v VICINITY MRP afar $am W, OUFMO SOUNDINGS FIRE DFREM IN FEET fNm DENOTE EIEVRTIONS BRSED ON HEM LOWER LOW WRTER. /% ag srwe. roxio` F,ebAr /N WNW 2- /z•, / � y6 9a.dePile a a a �ry EC/STY#4,L IOotK LOT S- oorlAt6► 3 i 20' c.frr,�wq y> PROPOSP—D I pL-A Tlxb4m I IN,�w 33,E EEL GRASS INSPECTION 49rN0 EEL GRASS O EEL GRASS IN THE PROJEC A llz�A 'SIGN RE PERMIT# DATE RPPLICRNT,s wmE-DArLh D FO.URNIER.. TMV- N9 poi/ L 07"6 �67rT ;,. xovs-m L.4. PIerE2 1PLATFof-M W) i /7 "dosimcfee"I xornva Qu.Ktt�� 4,11 -7 COASTAL COMMISSl IN . FIRE & MARI CITY NEW JOB FIDIRESS #6 EXHIBIT #________________ _-_ 1 � �.,►' 4 O 'LkA ����Y '� � r i G �. Q -ice Permit No. . e s ` T BE -w'orvTVl I boA (oUCSiwri: 6-/s Please mail permit to Shellmaker Inc. 875 B. West 15th Stre( HARBOR PE UT APPLICATION Newport Beach, CA 926 city of Newuort Beach Fire & Marine Department Please Print: (Front & Back) David R. Fournier (714) 646-5795 1. App scant Property OwnerAddress Te ep one #6 Balboa Coves /©//— 4061 & 2. Project Address street address) Harbor Permit # 3. New Construction Revision Maintenance X Dredging 4. Fee $351.00 1� Check No. 1832 Date 5/28/97 S. Brief Description of Proposed Work: replace 2 deteriorating dock piles 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 dredging with elevations showing depth relative to MLLW 6. Elevations of top and bottom of piles and bulkheads with respect to MLLW 7. Any special conditions affecting the construction or affecting boating operations. 7. Owner Builder/Contractor Declaration/Insurance tion 7. Applicant's/Agent's Signature b Date 6/2/97 G.. 8. Work can begin once the City has receivedevidence 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 Approval of of the the California Coastal Commission. City's Public Works Department. Date Date Approval of the City's Building Department. Date County of Orange. Date Is -sued. (Permit is stamped drawing) Date - 6 ' Site Inspection.(eai7_644-3043-3043 for aintment) Date` 7� Site Re -Inspection. Date Conditions: OWNER-MUMER DFQARATI I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec.7031d.5, Business and Professions Code) Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil pernalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as t—ie r sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the 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 an owner of property who builds or improves thereon, and who contracts for such projects with a Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Pro essions Code for this reason: Owner Signature Date Contractor Shellmaker Inc. Telephone (714) 548-5359 Address 875 "B" West 15th Street, Newport Beach, CA 92663 License Class A&B State Board No. 561434 City License No. 96002210 LICENSED CONTRACTOR'S DECLAAATTON I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professsions Code, and licens 's in full force and effect. Contractor Signature Date 6/2/97 CITY OF NEWPOkT BEACH CITY OF NEWPORT GERCN , �sr urs mwBRY N _17�. 7 PAci.F jc OCE RN YICINITY MRP lofmr Mr. OLUUM �.o LX/ST. GAAYCW/aY .. f 1I.0-1- -3 fay /2 `joi 4 5T D, Z.5" P/L l"G WEST JEM PROF I LE 1' = 20' r MWINGS FSE DOWSSED IN FEET FID DENOTE ELEVRTIONS BPGED ON MERN LONER LOW WRTER. P20POSCD - a-12'01 4 sr'L), 2s' vic i"G L OT -z3- L- 0 T ; LOT &;, LO T 7 b o� sr 4b \ PLAN VIEW 1' = 30' FPPLICANT' S NFA L�4VIL7 Fol) 2N/E P, ]JOB ADDRESS O�a 13AL 804 CO!/L:� I DRTE 5- ? 9 - 95 CITY OF NEWPORT BEACH CITY OF NEMM" BEACH DFRT Di i lE.i BFlY PRCIFrC CC ERN VICINITY MRP mer wr. aLwam x/sr. DiDCK ZjX/ST. 120CK PROPO c-, \ q 4 Si''D, 0: >X JAJ\ WMT JETTY 8X/ST. C,A1,jGv11QY t //.O i �7C1ST. C.YjCI� 4 ST !D, ZS' SLG/!JG L3LK U PROF I LE 1' = 20' Dw 'Em SOUNDINGS FIRE EXPRESSED IN FEET AM DENOTE ELEVRTIONS BFISED ON FERN LOWER LOW WRTER. L OT z; Lr0T C47 LOT 7 PLAN VIEW V =3d FNPPL ICF lNT' S WE L�41 //Gi /?. FOU/ZNIje12 _ JOB ADDRESS �Va SAI-SO4 CoVt S IMTE -15--F517-9-15 C17Y OF NEWPORT BEACH HARBOR PERMIT PERMISSION Ts HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO 114E PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL. CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WRHOUTTHE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CRY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKfiQ BY THE CRY CgUNCIL IN ACCORDANCE VVITO WLE 17,�F tOME MUNIC! CAGDE. CITY HARBOR COORDINATOR ,/ -a 1-4� PERMIT NO. DATE Marine Consulting -.A Jesign of r2AC7— /0// Z- 0 7- MI�F71� Aq*. P.— /0 I IP-,L,1,712F,1,7� A, P .., L Vs cr L ,KS AUDIS -nou AND. J"S ZA;04"CT TO VVY)f INSPEc� karate T S7-2 )t -7/L 11VG 31 ----------------- CL Nrl20iD Or" - C&�IVTC-R OF 96:51ST,41\CZ:-- /-S 7 S -� FA7L IL16 -S 1 15-1 1 2 1 ". /Z7 z1 # HAY At x Z - 7-0 r4 -z -- 05A N 5400 �b or r ti H r -t a U ,n,, to; u 1,0 t to: 0 $__aaQXs -qt_ cenent_por cubic yard 6000 ei at 28 dayn 4,,WQ--Fai__ nt trnnof er 270K,_ungoeted stress �e _eved eovon vire strand, 4- 7aT,41-- II�t. _ a_trongth : 2M,,QW p - - — x .6 WQrking_,stretsu---- 162.000—pal I�.513et1_-- ♦ __35. „-000--Ps 1 int Sn.i�ia.l� _�o�e_ �er_8�rrind _�3o��Sa lbs S6orking stress _ -- T 162-1000 Pei in2 gQxking Force der strand - -2 ,110 11,F Total workL-1I; forco _ /00�444!�Ziba Lireot��4_ prestx-a�s-- •- -- --G �.8�si HARBOR PRECAST COMPANY LONG BEACO. CALIFORNIA PRESTRESSED CONCRETE' PILES 12" S( lUARE Up1 WN Arrnovr) (:A -r— -- - _ —`CAL It -.- -- DWG NO. - I- �— 12-3/8" —�-{ r -i . i � -9-4 2L Cas. tc. o - .a • I spiral . . r o p ho • w oa - K. 3/4% f rnir �— ed-gQe 1 — I ------------ T ,n,, to; u 1,0 t to: 0 $__aaQXs -qt_ cenent_por cubic yard 6000 ei at 28 dayn 4,,WQ--Fai__ nt trnnof er 270K,_ungoeted stress �e _eved eovon vire strand, 4- 7aT,41-- II�t. _ a_trongth : 2M,,QW p - - — x .6 WQrking_,stretsu---- 162.000—pal I�.513et1_-- ♦ __35. „-000--Ps 1 int Sn.i�ia.l� _�o�e_ �er_8�rrind _�3o��Sa lbs S6orking stress _ -- T 162-1000 Pei in2 gQxking Force der strand - -2 ,110 11,F Total workL-1I; forco _ /00�444!�Ziba Lireot��4_ prestx-a�s-- •- -- --G �.8�si HARBOR PRECAST COMPANY LONG BEACO. CALIFORNIA PRESTRESSED CONCRETE' PILES 12" S( lUARE Up1 WN Arrnovr) (:A -r— -- - _ —`CAL It -.- -- DWG NO. Marine Consulting .-A Jesign =29.77 7"24C-T L --Y49'77, POCK C� NTL/2 0/= iz� S/ST,gNG� I To7-If-l- 12-71-1 If-L l2-71-1 # dell-�- Z5q or �t 05A Of SAW Ll r tq H -q U t- 1 �— 1.,2-3/8" —� { '1.� 2L C Ir . to • -pira1 U 0o �^ 3/4" ahamfor f mir r T. n 00NC-ET - - - -- 8 .aas�ks of_cenant_�or cable y_�ud at 28 _d -a -- -'e4-----4,+WQ-Fai__At tmnafer dia., _2701�.uncoated stress Z^e qy ed e qv e n v� re strand, 4- 7-a TA -L gQ>inal_ vT�etR3._._.._p_q Utijna to _ s_trongtb- _ 270„ 000 s i - -= - — .6 Working_ -otreaa---- ___16,2000mai ' +�,220—p31 OPOO -- --- -- ---x .1� ln2 Imiti&I.tame- _per etrrind— _5 50 ;be WoAdnatresa- _ -- 162a000 pai t BQxkiug 1'orco der ©trar,d _ 25.,.110 lbs ,T0't.al workL-31, forco - - -100,444 1' ba Ureot.i.Y9_ prastxass _ - - G i8p0i HARBOR PRECAST COMPANY LONG DEACV. CALIFORNIA PRESTRESSED CONCRETE' PILES 12" SgU.ARE 1 C:HCCMto nCU Arrov DWG No. r-�=410 =----� 5 0 zhl.:for Lo;• L bo t to: — r T. n 00NC-ET - - - -- 8 .aas�ks of_cenant_�or cable y_�ud at 28 _d -a -- -'e4-----4,+WQ-Fai__At tmnafer dia., _2701�.uncoated stress Z^e qy ed e qv e n v� re strand, 4- 7-a TA -L gQ>inal_ vT�etR3._._.._p_q Utijna to _ s_trongtb- _ 270„ 000 s i - -= - — .6 Working_ -otreaa---- ___16,2000mai ' +�,220—p31 OPOO -- --- -- ---x .1� ln2 Imiti&I.tame- _per etrrind— _5 50 ;be WoAdnatresa- _ -- 162a000 pai t BQxkiug 1'orco der ©trar,d _ 25.,.110 lbs ,T0't.al workL-31, forco - - -100,444 1' ba Ureot.i.Y9_ prastxass _ - - G i8p0i HARBOR PRECAST COMPANY LONG DEACV. CALIFORNIA PRESTRESSED CONCRETE' PILES 12" SgU.ARE 1 C:HCCMto nCU Arrov DWG No. Marine (Consulting slesign FovrZ/V/L! /yam s y 71<AC7- ' /0// - ' - L07 -743 \.- 2 97Z? �1L/rt�G CC-,k)7_1001r OF C� 7"TL/2 O/_ 96:519T,41\GZ go 7- Z _ !S , z -7 -HAY 0��r 7'Q 771f -/-- z5q or # � Q�gFESS/pN 2 5-4 Vt � � �� O�qCO ✓qF qlF /` l ��- S3812 z m Uwj R 03/31/01 sT9�C � P T ,OFCA q W$A N 5q�oo r CITY OF NEWPORT BEACH CITY OFLX/S%. GAti/CW/av-) NEi1PORT BEACH � l�iF'ORT N /i BRY CX/sr. ,6or7'01-1 14.0 BRY` PAcIFrC Ppopo sl v /2 i 0cEq� ` 4 ST D, 2S' f /G 11-166 N P � .� � . wmt YICINITY „RP -XM oras PROF I LE 1" 20" Mfw •n, aL"m SOUNDINGS ARE E)WRESSED IN FEET AND DENTE ELEVATIONS BASED ON IM LOWER LOW WATER. L X/Sr. C)01-- L L--•X/ST. DC.?C1� P2o�osCD - 2-12 �, LOT 6 ,t LOT 7 PLAN VIEW 1' = 3d APPLICANT'S WE DA1ilD re. I'OU121YIE l2 • JOB ADDRESS #a SAL 604 C!)VL--,�S JMTE 5- ? 9 - 9S - BUYERS' NAME(S) ADDR]ESS OF FACILITY: ,- PERMIT # li MAILING ADDRESS � maraJ.'iLI6tLG.! - -TELEP - TELEpHO_.. ..0:" I , _,FE _,CEC6K - N0. �,� ,ATE s. aill.� %dry APPROVED BY: DATE APPLICATION IS HEREBY -MADE T0�'ERANSFER HARBOR" RMl7 �- OCHD ' - - .SELLERS' NAME(S) _. BUYERS' - ENG ❑ PED (ABOVE NAMES T 7YPED) _ COUNCIL i URE -OF SELLER..�7,� SI I 1 'DEPT _ j i 1 �..r + SIGNArURE OF By ; AT (�. yESCROW_ ix,i s " r' , F' s s dNSPI:trT,IQi� _ CITY -HARBOR 000 INATOR COUNCIL iN ACCORDANCEWITH TITLE 17 SPECIAL CONDITIONS. THIS PERMIT IS REVOCABLE BY THE C1 OF THE MUNICIPAL CODE. CITY Y��cNEWi?ORT BEAaCH: CA41F. WX FORM 09-1013 REV, r,Evu PO — RT .< CITY OF NEWPORT BEACH V P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C F0 �P May 31, 1994 David and Beth Fournier #6 Balboa Coves Newport Beach, CA 92663 Re: Harbor Permit No. 1011-6 for facility at 46 Balboa Coves Dear Mr. and Mrs. Fournier: It has come to the attention of the Marine Department that while you are not listed in our files as the permittee at the above address, you are the new owner. Our records list Keith and Jan Williams as the owner and harbor permittee of the pier permit. The City Council Harbor Permit Policies, Section 10.B, states: 10.B "Whenever a permittee sells the abutting upland property, a request shall be made to the City to transfer the permit. Forms for this purpose may be obtained from the Marine Department. Failure to apply for a transfer within 30 days from the date that the abutting upland property changed ownership will result in an additional fee by the City." We are enclosing Instructions for Pier Permit Transfer" and a transfer card. Please complete the card as indicated. The signatures of buyer and seller are required on'°the card. Please return the signed card to the City of Newport Beach, Marine Department and include a check for the $300.00 transfer fee. If you have any questions, please call (714) 644-3044. Sincerely, 4 Wes Anna d Harbor Inspector WA: la transfer.form 3300 Newport Boulevard, Newport Beach SEW PART CITY OF NEWPORT BEACH ? P.O. BOX 1768, NEWPORT BEACH, CA 9265&8915 cq�� Foa��P April 5, 1993 Melissa Schmand 124 27th Street Newport Beach, CA 92663 Dear Sir: The City of Newport Beach Marine Department has received a request to transfer pier permit 1011-0006 for the property located at #6 Balboa Coves, Newport Beach, CA. The facility was inspected on 3/19/93. 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. 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 requirements 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 stru�ure. ,If,/ you have questions, please call this number. A Tony M ult Marine Department 3300 Newport Boulevard, Newport Beach STATUS SHEET HAR50R PERMIT TRANSFER LOCATION !%�•� �(/�is PERMIT NO S e I l er Buyer— Cate uyer— Cate Application Received: Date Fee Received: Request for Inspection made by: Escrow Co._ s Date Escrow Officer Escrow• -- Address Phone: Date Inspection made:_,,,,. Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location . 2. Plumbing: S 3. Electrical: ©< 4. Structural : G 5.OTHER: REMARKS: Inspected by, C�rO`^ '� G✓`� DATE: RE: — 7/2/85 Escrow 7490 MS City of Newport Beach TO: P • 0 • Box 1768 Newport Beach, Calif:, 92658, Form No. 210 uur cnecK no. I uqe i in -Gne d111U Inti UT -?G3u. Uu Pier and slip transfer on #6 Balboa Cove, Newport Beach, Calif. CORPORATION Marilyn Sauter, Escrow Officer and CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 20, 1985 Residential Escrow 1470Jamboree Rd. Newport Beach, CA 92663 Attn: Marilyn Sauter: Please note that the transfer fee for a pier and slip is $230.00. As per our telephone conversation, you will issue a new check. Herewith the check in the wrong amount. We have ordered the inspection on the subject property. Yours truly Tidelands Administration By DB 3300 Newport Boulevard, Newport Beach STATUS SHEET HARBOR PERMIT TRANSFER LOCATION z,=t�, . PERMIT N0. Sel 1 er Buyer Date Application Received: C/P ``z,.z,, —5 5 ad - Da to Fee Rec'ei ved : ..,,t �¢`"#- �, e Request for Inspection made by: i Escrow Co.Date Escrow Officer !� Escrow No. 7 V y c' et1 S Address f�a i �.' 7%*--y`�= ��'- Phone: s� Date Inspection made: L�� '•T Deficiency Letter sent: Deficiency corrected: Transfer completed: Date Inspection: 1. Location 60,• Co VF''s 2. Pl.umbi ng : �. 3. Electrical: 4. Structural •� . 5.OTHER: REMARKS: Inspected by: r - n VVV � • - waLc. ��. �4, �P _q, 40 Q j Abo Am C C i�soi _ ��• e , y I an ArAw f o i VICINITY SKETCH fW&fjar" A«, t' 1--+-..i...-.3 Niwpwwr DAY, CALIi42RN1A IL i�� T Sor�ndN s arle ow,oritssod A& lf&t ano4 OWPO)W borbw �N�oo�! L wrr Lo w >* m-.A�oxi ; t ab o oxi..ro1� ei ! r l:X►$ �n� / . {. _" f _ .__" ♦atob/isAQd in thv'p V*Cjo ;W7 a►�'AfrwAa►t Ba • 7- 7-7— )RF t c ��' �% x.il -3C% _ �'fti! //yy �f +p�• / /fit /� w��/ �� gV /l / 4 LI (,.. f !iia ��. � hJ►� ;�L�..�. , i� �-A � ►.i lid ts� � , , �V ° iv~CJf� 4lEi411 S NC r Chi t h STATUS SHEET HARBOR PERMIT TRANSFER LOCATION �X� C � PERMIT NO. Sel l erBuyer Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co. i�� c�. \��'�r� Date Escrow Officer �zl, scrow No. Address Phone: f�O 7%4, Date Inspection made: Deficiency Letter sent: Transfer completed: Inspection: 1. Location 2. PO.umbing:_,rn 3. Electrical: 4. Structural: S.OTHER: REMARKS: Inspected by: Date Deficiency corrected: " k, KA ice' t1 _.{,y xfyV c 4-�j(zi t Ff f,�l T`� ''. �j 1� _ \-, ' �• � � r R T 4C C AWN r ' / ,. e 4 VICINITY SKETCH 'wa'Affm . F ;q te�rir•--^w�p��y Niw/�ORT �A Y� CAL/ iORN1A � � �Y <`� dff '` t+Rt 1"Es`�T Sau•+d�x�s ane owFv�saod .v� serf ana/ r ~ftv 6*Apw .Na4w? Lown !ow WoIW. A1bxi�ws . i*ariy� of Liar oppojr,_Otle/y /o /irt. hbrbor hi�te - �e7nr •slob/ithoo� h7 1Ii1'a socfna►� d' A�ew�oia�! Ba► a — ` Now s, ConG. ?. 410 C. std ,b�/2 4z�E .:J c A; z° = `' FG gVA IV ED.s i�.Al ,...? fit! 1J ' _• / k ��.,+� �`'L s i�v .. ; Or H. .._ -- - idlz tri,✓. A19 e, a►a �oar�S NC r �, .,:� A A- CITY OF NEWPORT BEACH DEMAND FOR PAYMENT Date Demand of: Residential Escrow Corp. Address: 1470 Jamboree Rd., Ste 2 Newport Beach, CA 92660 In the amount of $ 10.00 9/20/84 ITEM OF EXPENDITURE BUDGET # AMOUNT Refund of overpayment for Escrow 6924 MS pier transfe 23440 $10.00 Annrnvpd Fnr Pavment- TOTAL Audited and Approved: Department Head Finance Director -ITmaad eql 3o UOTIUDonaa @qJ ao3 asnuo aq aql Aq uaATS uaaq spq 93TIou uaJJTaM uagM 'a TTp Ip aTpdaa p002 uT saan2onals aqi daax TT2gs 9L61 19Z aagolpq ,,lplPUawv* Tugs 'quamgapdaa'"aulJL pdaa of aanTTpd •samT2 aa2ITm29d aql :saTpdaH •H •991ITmaad agJ 3o asuadxa pup lsoo aqJ Jp amps aeomaa ATalpipaMMT 01 IgSia aql aApg TTBgs luam -laudaa Ala3uS auTjvK aql uagq 'paTjToads amil aql uigITM sxaoM pips 8Aom91 oq sTip3 a9IlTMlad aql quana aql UI •amil Cup qu Iimaed sigl 9NOA91 04 AlTl oggnu pup aaMod 'IgSia TTn3 sanaasaa gopag iaodMaN 3o AITO aql pup ATuo aATsszmaad aap gTmaad sigq aapun uaAT2 SIRSia aqZ :limxad 30 uoTIpooAag •0 •mTVTO gons moa3 ssaTmapq 'magi 30 gopa pup magi pToq pup AJTUMapuz 'pu93ap TTpgs aa4limaad 'xaoM gons glTm UOT339uuoD uT ao '3o suospaa Aq 'gSnogq '3o9a9g3 aaAOTdma ao 'aa0T33o 'quamlapdap AWv ao gouag laodMaN 3o AIi0 aql JsuipSp appm sT MTRTo AUR Juaaa aql uT pup '"aOm pips 3o uoissassod ao asn aqq 3o ano asiap Cpm gOTgM ao 'p911Tmaad uiaaaq xaoM 3o Ino asiap ARM gaigM aSpmpp Alaadoad ao AanCui Tpuosaad ao3 AaTTTgPTT Up 103 aTgisuodsea si aaIlTmaad aqZ :saSpmpa 103 AITTTgVT'I 'd •T9uupg0 aTgpSiApu ao Aum ozTgnd 'AaTTp '4992-3s.'sxTpM9pts Cup 3o aSpsspd ao asn 99a3 aq:1 quanaad ao glTm aaa3aaquz 'ionalsgo o3 IOU sp palonalsuoo os aq TTpgs seanionalS •991Izmaad aqq 3o asuadxa aqq Ip pauTvIuTvm pup paTTvIsuT aq TTpgs 'aoaammo0 3o quamlapdaa 'sasnoH IgST'I 3o npaang Sq pagiaosaad aq Apm sp 'sTvOTS pup s3112TT gons Imel Aq papTAoad asTmaaglo IOU sT pazTaogInp Agaaaq xaoM Aup .uo sTpuSis pup SIOTT 30 SVTdsTp aqq 3I •aanlonals ao �laoM aqq of quaopCpu ao Ip saa3vm 9Tgv2TApu TTp 30 oiTgnd aqq Aq asn aaa3 pup TTn3 aqq pigao3 of Idmallu IOU TTpgs 903Itma9d aqZ •ssaaSoad uT xaoM apTnozgapd aqq Aq paainbaa aq Cum sp TTp 'paAoTdme u9mSpT3 osTp 'IgSiu Ip s:Jg2TT glTm 's199aIs uo paouTd aq TTpgs s9pp0Taapg •DTTgnd SUTTanpal aql 90 uozloaload aql ao3 appm aq TTugs suoisiAoad aipnbapy :oi33pay 3o uoTgoa3oad •g •luamlaudaa auTaPH aql 3o Tpnoaddp pup uoisiAaadns aql of goaCgns aq TTugs xaoM aql :uozgoadsul •Q* •gopag laodMaN 3o AITO agl 30 luasuoo uallTaK agl InogITM 9Tgpaa3supaq IOU sT ITMaad aql :gTmaad Suiaaa3supaZ •0 •pauTvlgo si 3uasuoo ao aapao gons Tzlun pup ssaTun uozipaado uT papuadsns aq TTugs ITmaad aqq pup 'uoiI0ipszanC SuiApg Apoq OTTgnd 191110 Cup ao saaauiSug 3o sdao0 •S •a aql moa3 aapunaaaq xaoM Aup of luasuoo ao aapao ua:JgtaM agq aan0as 'mvT Aq paaTnbaa sT amps agq aanauagM 'TTpgs panssi sT ITmaad aqq mogM of saTgapd ao Aljvd aql :saiouaBV aaglo moa3 gTmaad •g •suoTsTAoad aql TTp 30 a0upgdaoop up aingTIsuO3 TTpgs ITmaad aqq aapun -4aoM Cup 3o SuTop aqq lega aaggTmaad aqq Aq paaaSu pup poolsaapun sT II :suoTsTAoad 3o aouugdaooy •y SZIWaad NOMH HOd SNOISIAO'dd 'IyUSM *7 9L/9Z/0i T -H BUYERS' NAME(S) ADDRESS OF FACILITY; I PERMIT .k MAILING ADDRE. - ( •- { i . HONE`NO.� ` - FEE.4,,,-CHECKNO. DATE APPROVED BY: - - D E `4 - APPLICATION IS -HEREBY MADE TO TRANSFER HARBOR PERMIT, OCHD ENG SELLERS' NAME(S) - BUYERS' NAMES) - (ABOVENAMESTO BE TYPED) COUNCIL `r-PUBLIC WORKS -SIGNATURE. OF SELLER - - SIGNATURt'OF BUYER DEPT.- " ESCROW SIGNATURE OF' SELLER SIGNATURE OF BUYER i i' INSPECTION- _ ❑ r SIGNATURE OF JOINT OWNER APPLICATION APPROVED (DATE) { CITY HARBOR COORDINATOR SPECIAL CONDITIONS: THIS PERMIT 15REVOCABLEBY THE CITY COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE MUNICIPAL CODE. Fkq CITY OF NEWPORT BEACH, CALIF. I WX FORM 66.1019 REV. STATUS SHEET HARBOR PERMITS' TRANSFER LOCATION [ ,✓. PERMIT #_ C .� Seller Buyer Date Application Rec'v: t'�� Date'Fee Rec'v: Oral Request for Inspection Escrow Co. S B� Dated �'?•' D Escrow Officer Escrow # 0 77 Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if,applicable) Date Orange County Notified (if applicable) r:L&V- Date Transfer Completed 1. Location: 2. Plumbing: 3. Electrical: 4. Structural: REMARKS: Inspector's Initials � T f �o��-oo�O CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 ,June 22, 1982 .Residential Escrow 1470 Jamboree Road Newport Beach, CA 92860 ATTN: Jan Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 1011-6 for the property located at 6 Balboa Coves. The structure was inspected on 6/17/82 at which time it was determined that the structure conforms to the City standards. Upon receipt of the $.185.00 transfer fee and the completed forms, this pier permit will be transferred as requested. Sincerely, Torp Malum Tidelands Administrator MARINE DEPARTMENT TM:ak A 640-2156 a ` x3x 3 zo No 3 a t ; Y µ$..W i � ■ter _t. IT,+ r� .✓.. too met a � Awe We -V I C I A+�1 "l Y ETCH �d omaNewpowr `•, xaov 'i J'4WWer,►pY7�ssa �,P and IaQwDtgfl® 1[!s9¢i 6"eon low*., d®w Wv>'�r. �lcs�ri.scrrs dP*AWA/u'reA*Cf /r, ?Phf'* tom'Al r / r� 1 P 'ell :� '-� •� is � E..?' � �^`�. �� � � "� � � ., _ '. LA 41 IL aj AAL residential escrow corp. _ WE ENCLOSE THE FOLLOWING ITEMS: 1470 Jamboree Road Newport Beach, Ca. 92660 Our check no. 9369 for $185.00 640-8772 Pier and slip transfer DATE: 6/25/82 RE: Escrow 5142 JB City of Newport Beach TO: • 3300 Newport Blvd. Newport Beach, California • ATTN: Marine Division Form No. 210 Please be advised that the seller Fanda is one and the same as the owner you now show on your file as the record owner, they just re -deeded the property to their corporation.:,' ID TIALSCRQOW CORPORATION BY: an ess, Escrow Utticer m l \TE OF CALIFORNIA - THE RESOURCES 0 Y GRAY DAVIS, Governor 'ALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 3 200 Oceangate, Suite 1000 "�► Long Beach, CA 90802-4302 Date: November 9, 1999 (562) 590-5071 Permit No: 5-99-297 COASTAL DEVELOPMENT PERMIT, RN LV E D YCFFY OF NI On 2 November 1999, the California Coastal Commission granted David'F66rrrier' PN] Coastal Development Permit 5-99-297, subject to the attached St pr nd Special Conditions, for development consisting of: Construction of ai"-Fob1►by!a1i foot wood pier platform to be supported by one 14 inch diameter concrete "T" piling. In addition, the existing 3 foot by 20 foot gangway will be relocated to extend from the proposed pier to the existing 10 foot by 20 foot dock float. The pier platform is proposed to be used as a staging area for boating related activities such as loading and unloading the boat and the storage of kayaks and other small marine vessels such as sabots. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 6 Balboa Coves, Newport Beach. Issued on behalf of the California Coastal Commission on November 9, 1999. PETER DOUGLAS Executive Director ACKNOWLEDGMENT By: Title: Coastal Program Analys The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: °A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COAbTAL DEVELOPMENT PERMIT No. 5-99-297 Page 2of3 STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction -related requirements: COASTAL DEVELOPMENT PERMIT No. 5-99-297 Page 3 of 3 (a) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave erosion and dispersion; (b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; (c) No machinery, with the exception of a barge or land -mounted crane, shall be allowed at any time seaward of the bulkhead; (d) Disturbance of the harbor bottom and intertidal areas shall be minimized. 2. Use of Platform Limited to Boating Related Uses By acceptance of this permit the applicant agrees and acknowledges that the sole use of the 10 by 12 foot platform area is limited to boating related uses and shall not be used for any other uses including but not limited to private residential patio amenities. KFS: G:\PERMITS\5-99-297 fournier permit.doc .June 22, 1982 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport BIvd. Area Code 714 640-2156 .Residential Escrow 1470 Jamboree Road Newport Beach, CA 921960 ATTN: Jan Dear Sir: .gro The City of Newport Beach has received an application to transfer pier permit # 1011-6 for the property located at 6 Balboa Coves. The structure was inspected on 6/17/82 at which time it was determined that the structure conforms to the City standards. Upon receipt of the $:.18500 transfer fee and the completed forms, this pier permit will be transferred as requested. Sincerely, Tony Malum Tidelands Administrator MARINE DEPARTMENT 'IM : ak x STATUS SHEET HARBOR PERMITS TRANSFER Location 4 �, 8k� -, �_IpI)z_-C Permit # Date Application Received _ — (6-72 Fee Recd Oral Request for Inspection Escrow Co.u�'{,een�,.r� C Date Date Inspection Made Date Deficiency Letter Sent (if applicable) Date Deficiency Corrected (if applicable). Date Orange County Notified (if applicable) Date Transfer Completed STATUS SHEET HARBOR PERMITS TRANSFER Location � C�� V& �C Date Application Received /-2 )-, 14- @ -Tat Request for Insp ction Escrow Co . Sec , �� , _,m� �Q,,� e���r� Date Inspection Made Permit #� v Fee Recd 5' `) Date Date Deficiency Letter Sent (if applicable) �- Date Deficiency Corrected (if applicable) Date Orange County Notified (if applicable) --Date Transfer Completed c SECURITY PACIFIC NATIONAL BANK NEWPORT CENTER OFFICE BRANCH 550 Newport Center Drive Newport Beach, CALIFORNIA 92660 F DATE January 25, 1974 City of Newpott Beach ESCROW NO. 169-3715 City Hall 3300 West Newport Boulevard Newport Beach, California L Attention: Pier & Slip Transfer Dept. Ref: #6 Balboa Coves, Newport Beach, California In connection with our above numbered escrow, which was closed in our office this morning, we are enclosing our check in the amount of $50.00 together with Pier and Slip transfer form, which has been signed by Mr. and Mrs. Carpenter (sellers) and Mr. and Mrs. Niemann (buyers). AVer L � ulyyours, �� llen L. Guccione Escrow Department 2800 ESC 2528 5-71" 100 10Y Escrow Dept. Letterhead