HomeMy WebLinkAboutM2003-0098Mark Sites
Intracoastal Dredging
P.O. Box 498
Balboa Island, CA 92662
May 15, 2007
Chris Miller
Harbor Resources Division
City of Newport Beach
829 Harbor Island Drive
Newport Beach, CA 92660
Re: Dredging outside of normal working hours
Dear Mr. Miller,
This is to inform you that I will be dredging the dock at 507 Edgewater until 10 p.m. on
May 15, 2007. The need to utilize the high tide occurring in the evening makes it
necessary to operate outside of normal hours. Please inform the Harbor Patrol and the
Newport Beach Police Department.
Thank you,
Mark Sites
(949) 533-0993
MRBOR RESOURCES DIV.
MY OF NEVORT BEACH
4 -0, VOW
DREDGING PERMIT
Harbor Resources Division
""x I R)4 -
Action
Address: 'brl
Pier Permit #:
Status
Comments:
Date:
Application Received
r-7
I I )Lp 1,--)w I
Eelgrass Inspection
Eelgrass
Present
(Eo)
Date: ic-X-4z�
01-40(a
Yes
H. R. Approval to
Comments:
Completed
Submit to Agencies
OL -b 15"
Date:
Date:
Sent to Corps/Costal
I
Yes
No
OK from Corps
31 107
Yes
No
OK from Coastal
al 6) oJ7
H. R.
Date.
Dredging Approval
lnitia�s:
(ikx)
407
Completion Report
Date:
Received
Comments:
$;CATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
"F-1
COASTAL COMMISSION
South -Coast Area Office
200 Oceangate, Suite 1000
�ong Beach, CA 90802-4302 February 13, 2007
(562) 590-5071
Mr. Tom Rossmiller
City of Newport Beach/Division pf Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Subject: Condition Compliance — Coastal Development Permit 5-06-117
& Conformance with Consistency Certification CC -031-06
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC -031-06 for the. following
sites in the City of Newport Beach:
Applicant Site Address
Beach
Disposal
Qti(cu.yds)
Ocean
Disposal
Cumulative
Total� for
2005
Adler 301 N. Bayfront
200
--QW(cu.yds)
0
Scorziell 507 Edgewater W.
485
0
Sub -total
685
0
Year-to-date total
685
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC-031-06.and that no further federal consistency review is
necessary from the Commission for the dredging components of the projects. In addition,the proposed beach
disposal events have been reviewed and found by the Executive Director to be consistent with the Special
Conditions of Coastal Development Permit 5-06-117. No further review is necessary from the Commission for the
beach disposal components of the. projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -031-06 and/or conform with the terms and conditions of
Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as
consistent with CC -031-06 and/or CDP 5-06-117. This certification is based on information provided by the
recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will
become invalid, and any development occurring at that time must cease until a new determination regarding
conformance with CC -031-06 and/or CDP 5-06-117, is obtained.
If you have any questions, please contact me at (562) 590-5071
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
CC: Mr. Mark Delaplaine, California Coastal Commission
Mr. Dan Swenson, U.S. Army Corps of Engineers
or Mr. Mark Delaplaine at (415) 904-5200.
t
Not to Exceed 1,000 cubic yards per dredging and beach disposal event .
t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
Not to Exceed 20,000 cubic yards per year
TES OF
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 5327 11
LOS ANGELES, CALIFORNIA 90053-2325
March 19, 2007
City of Newport Beach Harbor Resources Division
Attention: Mrs. Lisa Walters
829 Harbor Island Drive
Newport Beach, California 92659
Dear Mrs. Walters:
This is in reply to your application (File No. SPL-2007-143-FBV and File No. SPL -
2007 -297 -SLP), dated January 24, 2007, for a Department of the Army Permit to conduct
maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport
Beach, Orange County, California. This letter authorizes maintenance dredging at two
sites within Newport Bay at 507 Edgewater Ave and 301 N. Bayfront and associated
beach disposal (As shown on enclosed documents).
USACE
Applicant
Site Address
—�O:
Ium
Volume
e
A
Affected
ff ct d
Beach
Ocean
Base #
(Cubic
ubic
Fee
Area
Area
Dis osal
Disposal
Yards)
S)
e St.;
(est.;
a �..J
cres)
200700143
Scorziell
'507 Edgewater
485
0.16
485
0
Avenue
200700297
Adler
301 N. Bayfront
200
0.15
200
0
Totals
685 cy
0.31
685 CY
0
Based on the information you have provided, the Corps of Engineers has
determined that your proposed activity complies with the terms and conditions of
Regional General Permit (RGP) No. 054.
A general pern-dt does not grant any property rights exclusive privileges. This
letter of verification is valid until October 4, 2011. Also, it does not authorize any injury
to the property or rights of others or authorize interference with any existing or
proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, State, or local authorizations required by law.
I
Thank you for -participating in our regulatory program. If you have any questions,
please contact Forrest Vanderbilt at 213-452-3289 or Shannon Pankratz at 213-452-3412.
Enclosure
Sincerely,
� J"_V_�
Jae Chung
Senior Project Manager
South Coast Branch
Regulatory Division
January 24, 2007
California Coastal Conunission
Attn: Karl Schwing
200 Oceangate, STE 1000
Long Beach, CA 90802-4416
Army Corps of Engineers
Attn: Dan Swenson
915 Wilshire Blvd.
Los Angeles, CA 90017
CITY OF NEWPORT BEACH
Santa Ana Regional Water Quality Control Board
Attn: Adam Fischer
3737 Main Street, STE 500
Riverside, CA 92501-3348
HARBOR RESOURCES
RE: Regional General Permit No. 54 — Dredging Application Submittals
Enclosed is the recent monthly batch of dredging applications for your approval, per the
California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06,
the Army Corps of Engineers Permit No. 54 (File No. 200501233 -DPS) and the Regional Water
Quality Control Board General Certification Permit, $60 Regional Water Board check included
for each application. All of these applications have been checked for accuracy and completeness
as evidenced by the attached Dredging Application City Checklist.
Thank you for your time in reviewing these applications. Please do not hesitate to call if you
have any questions.
Sincerely,
Lisa Wafters
Harbor Resources Technician
(949) 718-1844
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 718-1844 Fax (949) 723-0589
www.nMort-beach.ca.us/hbr
DREDGING APPLICATION
CITY CHECKLIST
C -
Applicant Name: Luqcr,—(-- ' L167c— �3cprzi
Project Site Address:
Applicant address, phone number
Agent name, address, phone number (if applicable)
Project site address
Assessor's parcel number
Dredge site latitude and longitude
Disposal site:
—I/, -
Beach disposal latitude and longitude
11 Ocean disposal LA -3
Purpose and final goal of dredging
Method of dredging
Cubic yards dredged and disposed ( must be less than 1,000 cy.)
Area impacted (in acres)
If beach disposal, linear feet of affected beach area
Scaled drawings (plan view and cross sectional view)
Site address
Location within the Harbor
Location of existing dock structures
Location of existing dock structures on adjacent properties
829 Harbor Island Drive, Newport Beach, CA 92660
PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.newport-beach.ca.us/HBR/
Dredging Application
City Checklist
Page 2
Location of Bulkhead, Pierhead and Project Lines
Dredge depth (limited to -7 MLLW with a l' allowable overdraft)
Photo(s) of dredge and disposal areas at low tide (including 30' buffer area)
Eelgr ss Survey
Survey for presence of eelgrass within 30' of the entire project area
Yes M"'No Eelgrass within 15' of entire project area. Pro8ect no
permitted.
El If ocean disposal and eelgrass is located greater than 15' from the project
area, then no further monitoring required
If beach disposal and eelgrass is not located within 30' of the project
area, then no further monitoring is required
If beach disposal and eelgrass is located between 15' and 30' from the
project area, then pre- and post -monitoring is required
El Pre -monitoring survey attached
Eelgrass
El Post -monitoring survey attached. Date submitted:
Stamp
Caulerpa Survey
E/
Survey for
Caulerpa within 30' of the entire project area
Grain
Size Analysis
(1) sample per %acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
Beach disposal:
Ve"Sample(s) be least 80%
must at sand, or;
El At least 75% sand and within 10% of the sand content of the receiver beach
El
Ocean Disposal:
El Sample(s) must be less than 80% sand
Project
is over (check one box):
W, City Tidelands
El County Tidelands (State Lands Commission Dredge Lease Approval)
Dredging Application
City Checklist
If applicable, check one box: Page 3
El The Irvine Company owner's approved area
El Bay Island owner's approved area
El Dover Shores owner's approved area
El Linda Isle owner's approved area
Check made payable to The City of Newport Beach
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
Signed application
Neighbor notification
POST DREDGING
El Post Dredging Report. Date submitted:
El Post eelgrass monitoring (if applicable)
HARBOR RESOURCES DIVISION 12-12-06
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 718-1844 Fax (949) 723-0589
www.newport-beach.ca.us/hbr
DREDGING APPLICATION
Regional General Pennit 54
CDP 5-06-117 & CC -031-06
Corps File No. 200501233 -DPS
Water Board Consistency Permit
Valid Until October 4, 2011
Applicant Name, Address, Phone Number:
02 2 1, q
f 71� f A*1 _5 Ole 1 'n C' I I
I
Agent Name, Address, Phone Number (if applicable):
/1144ek -Slro-s
pto Rok Z1991
A-Iftsc?/9
Project Site Address: Assessor's Parcel Number:
Dredge Site: Latitude 14) 38z- I Longitude 1(k) 37
Disposal Site
f—/Beach Disposal: Latitude Longitude H -YO 6
f—, Ocean Disposal (LA -3): Latitude 33*31'00" Longitude I 17. *-53 ' 3 0 "
urpose and Final Goal of Dredging (Effect on Bulkhead and
J^CP-.9*6S'e- Oldpfl-
P/el C J- -T a- 'Ick 0 &A..
Regional General Permit 54
Dredging Application
Page 2
Method of Dredging
(Hydraulic, Clamshell, Tractor etc...
C -19kcAdr\
Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total):
Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area:
Acres Linear Feet
Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities:
I—4M A-hri &'U ft I
Please submit the following on a separate page. Use the check boxes to ensure a complete application is
filed. Incomplete applications will not be processed.
V" Scaled drawings of the project and disposal areas (plan view and cross sectional view)
Fv-'/ Site address
F/- Location within the Harbor
VLocation and physical dimensions of existing structures on subject site (e.g. float, pier,
gangway, pile and bulkhead)
Fr// Location and physical dimensions of existing structures on adjacentproperties
1/ Location of Bulkhead, Pierhead and Project Lines
F/ Dredge depth (limited to -7 MLLW with a V allowable overdraft)
Photo(s) of entire dredge and disposal areas at low tide (including '30' buffer area),
with emphasis on eelgrass
Eelgrass Survey - Completed by a Certified Eelgrass Diver
A. Survey for the presence of eelgrass within 30' of the entire project area (dredge
and disposal site)
B. If eelgrass is within 15' of project area, then the project will not be permitted.
(An Individual Permit must be sought.)
C. If ocean disposal:
• Any eelgrass must be located greater than 15' from project area
• No further eelgrass monitoring is required
D. If beach disposal:
• If eelgrass is not present within '30' of the project area, then no further
monitoring is required
• If eelgrass is present between 15' to 30' of the project area, then pre- and
post -monitoring is required. See Harbor Resources website for pre- and
post -monitoring requirements www.newport-beach.ca.us/hbr
Regional General Permit 54
Dredging Application
Caulerpa Survey - Completed by a Certified Caulerpa Diver Page 3
A. Survey for Caulerpa within 30'of the project area (dredge and disposal site)
Grain Size Analysis
A. (1) sample per 1/4 acre and / or at least (1) sample at dredge site and (1) sample at
beach disposal site (if applicable)
B. If beach disposal, sample(s) must be at least 80% sand
Project is over (check one box):
F- City Tidelands
County Tidelands (State Lands Commission Dredge Lease Approval)
If applicable, check one box:
F. The Irvine Company owner's approved area
F Bay Island owner's approved area
F Dover Shores owner's approved area
F-- Linda Isle owner's approved area
Check made payable to The City of Newport Beach (See Harbor Resources website for
appropriate fees)
Check for $60 made payable to Santa Ana Regional Water Quality Control Board
Project areas at the Rhine Channel, Newport Island, Promontory Bay, the West Lido Channel orfrom
within 1, 000 feet in any direction from the 15'h Street public pier are not eligible for dredging under
this Permit.
(Applicant / Agent), hereby certify that the
information on this appli&ii�n—is accurate and complete. I also certify that I have read the California
Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC -031-06, the Army Corps
of Engineers Regional General Permit No. 54 (File No. 2005012-313-13PS) and the California Regional
Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance
dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also
certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be
subject to hazards from waves and erosion.
I will further hold the City of Newport Beach harniless from and indemnify the City against any claim for
damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport
Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or
judgment arising out of the activities of the applicant carried on under the authority of such Permit.
Regional General Permit 54
Dredging Application
Page 4
1 understand that any work authorized must be completed by October 4, 2011 after which a new
authorization is required. I also understand that the applicant will submit a Post Dredging Completion
Report no later than 30 calendar days after completion of each dredging project. All work scheduled to
be completed before 7:00 AM or after 6:00 PM (Monday - Saturday) or on Sundays or holidays must be
approved by Harbor Resources.
Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly
batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be
submitted to and received by Harbor Resources by the V Monday of every month. Applications
submitted prior to this deadline are encouraged and appreciated.
Applicant and / or Agent Signature
MBC SAMPLE ANALYSIS SUMMARY
STATION LOCATION: 507 Edgewater
SAMPLE COLLECTION DATE: 11/20/2006 TEST METHOD: Sieve Analysis:
Method 2 (Plumb 1981)
COLLECTED BY: Intracoastal Dredging 11/20/2006
A B
DREDGE SITE RECEIVING BE*ACH
Total Dry Weight of Sample: 314.85 grams (g) 99.34 grams (g)
Analysis Weight (Split Wt.): 84.58 g 99.34 g
Visual Description: A gray/brown fine to medium A brown fine sand
sand with heavy she[[ hash. with some shell hash.
Fraction Fraction F:r�-
COLLECTION Outline of sample collection and analysis:
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into I liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 500C and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
The dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt/clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
Weight
%of Total
We!2�%
of Total
Gravel / Lg. Shell Hash Fraction:
4.61 g
Q %
0.00 g
0%
>2.Omm (> -1�)
#10 Sieve .
Sand Fraction:
76.40 g
90%
99�08 g
100 %
<2.0mrn >0.063mm < -1� > 4�)
#230 Sieve
Silt / Clay Fraction:
3.57 g
4%
0.26 g
0%
<0.063mm (< 4
COLLECTION Outline of sample collection and analysis:
Samples collected by a hand coring device driven into a representative area of the dredge
site and receiving beach. Stored in plastic containers and immediately delivered to the lab.
SAMPLE PREPARATION
Entire sample transferred into I liter glass containers, deionized water added, and
mixed to desalt and disperse the sediment. The sediment is allowed to completely
settle and the clear water is removed by siphoning. The sample is placed in a drying
oven at 500C and occasionally stirred until the entire sample is completely dry. The dry
sample is transferred to a desiccator for cooling. The sample is disaggregated and a
Riffle sediment splitter is used to evenly split the sample to reduce the quantity of
material to be analyzed to an allowable retention weight for the sieves.
SAMPLE ANALYSIS
The dry split fraction is processed through a # 10 U.S. standard sieve to remove the
gravel/shell fraction of the sample. The material retained on the sieve is weighed and
value recorded. The material passing through the # 10 sieve is wet sieved through a
#230 sieve to remove the silt/clay fraction. The material retained on the sieve is
transferred back into the glass container and placed back into the drying oven at 500C.
The remaining sample is allowed to completely dry and the material is weighed and
recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting
the gravel/shell and sand fractions from the total analysis weight.
MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626
L CITY OF NEW,.JRT BERCH
CITY OF
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aZYRTl%S fOU ON tfA L%U LOH RATER
_ _ EE—L—GW—ffKpftM0N---- --
* Eelgrass Within 16'of project
* Eelgrass within 15 - 3o, of pmled
lJtLNo elgrass in t are
Signature
10 I-ILI(Y p
inspection Date &
HARBOR RESOURCES DIV.
ITY OF NEWPORT BEACH
A/a
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Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera
marina, that are required to be conducted under federal or state permits and authorizations
issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been
designed to assist in identifying 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 farther
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (562) 9804043, or William Paznokas, California Department of Fish & Game, (858)
4674218).
Site Name:
507 Edgewater, Newport Beach
(common refereSc
. Je
Survey Contact:
(name, phone, e-mail)
Mark Sites (949) 675-1071
Permit Reference:
(ACOE Permit No., RWQCB
I
Order or Cert. No.)
RGP #54
[Hydrographic System:
Pay, estuary, lagoon, or
ILower
parbor)
New ort arbo
Location:
Latd.ong., datum,
N 33 36.382'
fpecific
ccu
uracy level, attach
W 117 54.379'
lectronic survey area map if
o ibi
ssible)
Was Eelgrass Detected:
Yes, Eelgrass was found at this site.
YA.." No, Eelgrass was not found at this site within 151 of project.
Description of
Permitted Work:
Maintenance dredging
(describe briefly the work to
be conducted at the site under
the permits identified above)
Description of Site:
epth range:
(describe the physical and
+5'to -6'MLLW
biological conditions within
the survey area at the time of
survey and provide insigh
nto variability, if known.
lease provide units for all
Ithe
urnerical information).
ff ubstrate
IFine
eff�
sand to mud over fine sand
Temperature:
64F
Salinity:
NA
Dominant
flora:
Blue-green algae
Dominant
una:
Mussels on dock floats.
Xotic
I
Pecies
ncountered:
None
Other site
description
None
notes:
I
Description of Survey
urvey date
Effort:
time
October 26, 2006 1240-1400
(please describe the surveys
[nd
eriod.
conducted including type of
urvey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
ottom. actually viewed).
Describe any limitations
encountered during the
survey efforts.
F-
Horizontal
visibility in
2'
water
Survey type
and methods:
ISurvey
SCUBA survey using grid pattern.
personnel:
Mark Sites
u rvey
ensi
Over 70%
u rvey
imitations:
Limited visibility (2')
Information:
rther
use this space to provide any
+5.0' MLLW ebb tide
dditional information or
e f
erences to attached
materials such as maps, Aerial attached
reports, etc.) I
Eelgrass Survey Reporting Form (version 1.0, 6/17/03)
'C'ITY OF NEW,-JRT
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Caulerpa Survey Reporting Form
This form is required to be submitted for any surveys conducted for the invasive exotic alga
Caulerpa taxifolia that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control
Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of
reporting while ensuring that the required information necessary to identify and control any
potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be
conducted for this species are subject to modification through publication of revisions to the
Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey
work is following the latest protocols. For further information on these protocols, please contact:
Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or
William Paznokas, California Department of Fish & Game, (858) 467-4218).
Report Date:
October 26, 2006
Name of bay, estuary'
lagoon, or harbor:
Newport Harbor
Specific Location Name:
(address or comm n
reference)
507 Ed ater
Site Coordinates:
(UTM, Lat./Long., datum,
N 3S 36.382'
accuracy level, and an
W 117' 54.379'
electronic survey area map
or hard copy of the map
must be included)
Survey Contact:
(name, phone, e-mail)
Mark Sites (949)
675-1071
Personnel Conducting
Survey (if other than
above): (name, phone,
e-mail)
same
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
RGP #54
Is this the first or second
survey for this project?
First
Was Caulerpa
—Yes, Caulerpa was found at this site and
Detected?: (if Caulerpa is
found, please immediately
has been contacted on date.
contact NOAA Fisheries or
CDFG personnel identified
above)
XXXXXX
_No, Caulerpa was not found at this site.
Description of Permitted
Work: (describe briefly the
Maintenance dredging
work to be conducted at the
site under the permits
identified above)
Description of Site:
Depth range:
+5' to -6' MLLW
(describe the physical and
Substrate type:
Fine sand to mud over sand
biological conditions within the
survey area at the time of the
survey and provide insight into
Temperature:
64 F
Salinity:
NA
Dominantflora:
variability, if known. Please
provide units for all numerical
None
information).
Dominantfauna:
Mussels on dock float
Exotic species
encountered
(including any
None
other Caulerpa
species):
Other site
description notes:
None
Description of Survey
Survey date and
Effort:
timeperiod:
October 26, 2006 1240-1400
(please describe the surveys
Horizontal
conducted including type of
visibility in water:
25
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
Survey type and
methods:
Surveillance level SCUBA survey using 10'
grid pattern under float. Area adjacent to
bulkhead was exposed and viewed 100%.
bottom actually viewed).
Describe any limitations
Surveypersonnel.-
encountered during the
Mark Sites
survey efforts.
Survey density:
Over 70%
Survey limitations:
Poor visibility
Other Information: (use
this space to provide
+5.0' NILLW ebb tide
additional information or
references to attached maps,
Aerial attached
reports, etc.)
Caulerpa Survey Reporfing Form (version 1.2, 10/31/04)
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`�'ITY OF NEW,.JRT BERCH
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CITY OF
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YICINITY MRP
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HARBOR RESdUPOES DIV.
CITY OFNEWPOIRT BEACH
KOF I LE 1 40'
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DIM I �G R�E D?RE S97D IN FEET
t 01/0 Cgl C/o e c� Ilf co�
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REL GRASS INSPECTION
w Z, ?Il,e- 'St NO EEL GRASS WITHIN 15' OF PROJEC
13 EEL GRASS IN THE PROJECT AREA
SIGNATURE
5017
PERMIT# DATE::
or
�4 "o/
7 z,
I I . PLAN v I eTy
iw,s We(
3
A y
j 4,0
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove existing dock,
gangway, pier and pile. Install new I O'x 10' pier, 3'x 24'gangway, 50' float and
(2) 16" pile and (1) 14" T -pile.
Property Address:. 507 Edgewater Ave. West
Legal Description:
I Harbor Permit Number: 113-507
IPlan Check Number: 2569-2003
Applicant: Pelican Bluffs LLC
Applicant's Mailing Address: 507 Edgewater Ave. West, Newport Bch, CA 92660
Phone Number: 949-631-3121
3
I have reviewed the -plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
X" " They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
A
r as been determined to be ministerial or categorically exempt.
ii Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
ii Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager, Harbor Resources
Chris Miller, Harbor Resources Supervisor
September 30, 2003
Attachments:
Worksheet for Building Permit Application
Drawing
Page 2 of 2
C --l/ WORKSH EET FOR BUILDING / FIRE PERMIT APPLICATION
I CITY OF NEWPORT BEACH HARBOR RESOURCES DIV.
PI FA -q;= PRINT nP TVD= (s BUILDING DEPARTMENT CITY OF NEWPORT BEACH
1. PROJECT ADDRESS (NOT MAILING ADDFESS) FL R
SUITE NO.
-5-07 e!" 9 . Atv, -e
LEGAL DESCRIPTION.
No. UNITS
LOT BLOCK TRACT
F] 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
2. DESCRIPTION OF WORK
0 1
NEW ADD
Check Appropriate Box
I M-1
m
ALTER [:]
I I'm
OM
USE
# OF STORIES
VALUATION $
SQ FT
(NEW/ADDED/EXTG)
F] 3. OWNER'S NAME LAST FIRST
OWNER'S ADDRE�S
7
�OWNER'S E-MAIL ADDRESS
Clly STATE
PHONE NO.
F] 4. ARCH ITECT/DESIGNER'S NAME LAST FIRST
LIC. NO.
ARCH ITECT/DESIGNER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL: ADDRESS
CITY STATE ZIP
PHONE NO.
R 5. ENGINEER'S,.W,� LAST F
�RST
6 iA�
STATE LIC. NO.
(
I /
ENGINEER'S ADDRESS
(:�-&o
ENGINEER'S AIL ADDRESS
Sc STATE ZIP
yoll�' ��q—
'CONTRACTO
PHONE NO.
-;V69 �:sye
6. ' NAMF-41--�-,
USINES TATE LIC.
No.?1�770T41as
CONTRACTOR'S AD ss
7 rA
C(
7 Cl S T),VT E z
, pl/� — C-�-4— �� 7
PHO E NO.
OFFICE USE ONLY Beikum
Cm OF NEWPORT
TYPE OF CONSTRUCTION SEp 2 -9 2003 PERMIT NO.
PLAN CHECK NO.
OCCUPANCY - GROUP PLAN CHECK FEE $
PLAN CHECK ENG.
la
Eelgrass.-Suryey, Reporting Form
(Version 1.0, June 20,2003)
This form is required to be submitted for any surveys conducted for the eelgrass, Zostera mapina,
that are required to be conducted under federal or state permits and authorizations issued by the
U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to
assist in identifying eeIgrass while ensuring that the required information is consistently
documented.. Surveys required to be conducted for this species are subject to modification
through publication of revisions to the eelgrass survey policy. It is incumbent upon the
authorized permittee to ensure that survey work is following the latest protocols. For further
information on these protocols, please contact: Robert Hoffinan, National Marine Fisheries
Service, (5.62) 980-4043, or William Paznokas, California Department of Fish & Game, (858)
467-4218).
Required Information
' )ite Name:
conmon reference)
I
iurvey Contact: IF
nit Reference:
)E Permit No.,
Permit No.)
rographic System:
estuary, lagoon, or Ar& -/1
pecific Location:
JT7vL Lat/Long., datum,
-curacy level, attach
ectronic survey area map if
) ible)
ssi
as Eelgrass
-tected:
I L!
Description of
Permitted Work:
(describe bricifly the work to
be conducted at the site
under the permits identified
CP
'Alec..,cl or
Ile, 6-�a w- 9,e -c- CO,
I
Yes, Eelgrass was found at this site.
No, Eelgrass was not found at this site.
2
Description of Site:
(describe the physical and
biological conditions within
the survey area at the time of
the survey and provide
insight into variability, if
Imown. Please provide units
for all natnerical
information).
Depth range:
11type:
Substrate
—
Temperature:
—5�MeI4 '.6 5f/�
E;;—
Salinity:
Dominant
flora:
A/0
Dominant
fauna:
Exotic
species
encountered:
Other
site
description
notes:
2
IDescription of Survey Survey date
Effort: and time
(please describe the surveys eriod:
1conducted including type of oo — /.iD. r,
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estirnated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
visibility in
water:
Survey type
and methods: 1/20 c e, 11('A
Survey Xir
personnel:
C/e
IX -759 "J'o,,Zo,6'ox A C 60AN GO,
C9192 42 19AZ
'rv"y '90%,
density A 0 1r)
Survey
limitations:
Other Information:
(use this space to provide
I 'o
I [any additional information or
references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
3
1A - THE RESOURCES AGENCY
k COASTAL COMMISSION
1000
?-4302
IMMATERIAL AMENDMENT
TO COASTAL DEVELOPMENT -PERMIT
January 13, 2004 -
Permit Number 5-03-177 issued to Pelican Bluff L L C for:
GRAY
Removal of an existing "W" shaped boat dock float, gangway, and landing and
replacement with an 8' by 60' float, 6' by 6' landing attached to an existing
bulkhead, and.3' by 24' gangway and three 16" diameter guide piles.
at: 505/507 EdgewatqrAve. W, Newport Beach (Orange County) has been.amended
to include the following 'change: Construct two ne W" bo"t 01,�dks rathei than the
8
or proved one -boat dodl.c. D&rfi'!. ffti f't:.'h!e'- boat is still proposed.
on p
prQp9sq0.,.�qat Ri y'v- -7".e 6risist,of lbtf6rm, 2 .. 4
T�l pier p
'0. q
T s6d d6 �W..inl each utiliz- f "16" ide
gangway, and a 6'.by he.propo e, WQ gU
piles..'and one 14" "T" pfle;
Thit:'�O &end rhe nt-'Was�- d.6term- ined by, -the- Exe cdtive:!-Director to --be immkerial.- ,was
duly noticed', -and no ob ecti
ons were received. Please nort-6 that the original permit
co4liio'n -unaffected. by this amendment are still effect.
PETER M. DOUGLAS
WExecutiv Direct
M V u n
BY: Meg Vau n
Title: Coastal Program Analyst
ACKNOWLEDGMENT
I have.4'eaV�,t(m'd -urid0drstarid. the,.:above- permit:artd -agree--to; be -bound: by.1he conditions
as amended of Coastal Development Permit 5-01-177.
Dater:- Signature
G:\PERMITS\2003 permits\5-03-177-al pelican bluff I I c permit amendment.doc
TY OF NEW, JRT SE'RCH',
CITY OF
KEkPORT BEPC)�
2LFPU<
R34W
My
ECEIV
so t6 coast Re I
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HARBOR RE86URCES DIV.
CALIFORNIA
STAL COMMISS'(&y OF NEWPO.RT BEACH
ol ,
y 1 C I N. I TY MIR P PROF 1 LE 1 40'
LU43� LN RRT,--'�
14
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oe
loved lko'
4VGSASS INSPECTION
O'NO EEL GRASS WITHIN 15- OF PROJECT
0 EEL GRASS IN THE PROJECT AREA
-'Seki6c,W /Awrwc�
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fe, I, �/
iCA jhI3RDRSSS0'7 2.
L�- 0 -7 L'k j'.' 6
SIGNATURE
01) c/hV/01>
ri DATE
lic- " ov a
oc;/
-AOQ
COn""
ast
istrict 01
All
"A 5
r
AI)P
PLAN Y I Ey�
61/18/2004 01:14 94963131 22 SWIFT
DEPARTMENT OF THE ARMY
LOS ANGELES DWMICT, CORPS OF ENGINEERS
P.O.SOMMI
Los ANGELES, CALIFORNIA 9ONS-=6
November 4,2W3
REPLY TO
AMNTPN OR
Office of the Chief
Regulatory Brarwh�,
i,ehcan Bluff LLC
c/o Swift Slip Dock and Pier Builders
Attention: Beth Swift
2027 Placentia Ave
Costa Mesa, Califiornia 92627
DearSir/Madarne:
PAGE 02
Referenceis made to your request of October 7,2003 (File No. 200400065-SJH). Under the
provisions of Seefion 10 of the Rivers and Harbors Act -of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to modify the e)dsting floating boat dock bayward of 505 and 507 Edgewater
Ave., West, in Newport Bay, in the city of Newport Beach, Orange County, California, as shown
on the enclosed drawings. Modifications consist of replacing a single floating dock covering 032 -
acre of open waters of the United States (U.S.) with two separate docks of the same dimensions,
totaling 0.017 -acre of waters of the U.S., a net decrease in coverage of 0.15 -acre.
The owner or authorized responsible official must sign and date all copies of dtis Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with an
conditions. One of the signed copies of this Letter of Permission must be retumed to the Corps of
Engineers (a pre -addressed envelope is enclosed)- In addition, please use the two attached
postcards to notify this office as to the dates of con-anencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Thank you for participating in our regulatory program -
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
d03
PERMMTE DAn
01/18/2004 01:14 9496313122 SWIFT PAGE 04
-Fional Water Quality C)ntrol Board
California Rp.
Santa Ana Region
Winston Hickox Internrl AJdrcss: http://www.SwrCb.c;,,goy Gray Davis
Svcrelvryfor 3737 Main SLreeL, Suite 500, Riverside, California 9250) -3348 Governot,
En virollmen fill Phone (909) 7�2-4130 FAX (909) 781-6288
p)-oleelioll
October 8, 2003
Beth Swifi
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF PELICAN BLUFF BOAT DOCK, 507 EDGEWATER
AVENUE WEST, NEWPORT BUACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
A1 eno (Jun) T. MartiTez, Jr.,
! �
Chief, Regulations Section
cc: California Coastal Commission, LongBeach
Army Corps of Engineers — Exik Larsen
City of Newport Beacb, Marine Department - Tony Meller
ils/blutagl1>01ei
California Environmental Protection Agency
co Recycled pa'ver
Sep 22 03 05:00p
FACSIMILE TRANSMITTAL 81-IEET
Mt&A/ FROM: VA
CANNERY VILLAGE REALTY
COMPANY: DATE:
FAX NIJM13EPs;. —.0% TOTAL NO. OF PAGES INCLUDING COVEIL'
1-t SENDEWS PHONF NUMBER,
PHONENT;. �
949.673-3777
RE: SENDEWS FAX NUMBER:
949.673.3451
El URGENT 1� `IoR REVIEW 0 PLEASE COMMENT El PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMrNTS:
cryyLt
P vp
j,,r
F-mafl: cannM@ecardiliI-ik.nc Website: www.canneryviUagcrealty-com
P. 1
CANNEkY VILLAGE kEALTY INC.
2025 W. BALBOA BLVD. NEWPORT BEACH, CALIFORNIA 92663 (949) 673-3777
Sep 22 03 05:00p
MD=NM0NALT=C0WW
RECORDING REQUEWED By
AND VAIEN RECORDED hL&M TO:
Pelican Bluff, LLC
2025 W. Balboa Blvd., Suite 2-A
Newport Beach, CA 92663
Order
p. 2
This Document was electronically recorded by
Fidelity National Major Accounts
Recorded in official Records, County of Orange
Tom Daly, Clerk -Recorder
111811111111101 30.00
2003000808229 10:48am 07110/03
105 42 G02 3
0.00 0.00 0.00 20.00 4.00 0.00 0.00 0.00
Escrow No.:
This Line for Recorder's Use Only
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAx IS: COUNTY $NONE -Lot Line Adjustment
computed on fall value of progrty conveyed, or time of We,
computed on full value less, V ue of liens or cactunbrances ren1alning at
unincorporated area; [ X I City of _Newoort Beach , and
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged,
Pelican Bluff, LLC, a California Limited Liability Company
hereby GRANT(S) to Pelican Bluff, LLC, a California Limited Liability Company
the following described property in the City of Newport Beach, County of Orange State of California;
Described as Parcel 1 of Newport Beach Lot Line Adjustment No. 2003- 018 recorded -1 — lb -0'5 aslustrument
iqo.�W'-�IW560fficial RecordsAn the office of the County Recorder of said County.
Pelican Biuft-i.-Lu, a
Document Wte: July 2, 2003
STATE OF CALIFORNIA
COUNTY OF Nr
personally app -req_______ -:--
personally known to me (or proved to me
and acknowledged to m /th
'WJT�t he/she ey
the person(s) or the e ty u n
0 ,b:::half of
WKQZ I-Oi
)SS
before
the basis of satisfactory evidence) to be the person(s) whose name(s) isfare subscribed to the within instrument
C-uted the same in histher/their authorized capacity(ics) and that by his/her/their signature(s) on die instrument
ch the person(s) acted, executed the instrument.
BRLM J. PUALMUr I
WTARy pUSUC . CAU
I tsSION * 9-mial
GRANW COUNTY
My ftmrn. Exp- M rch F00"
COMA a 12 31.2W5
This area for official notarial seal.
DOM NAT40KAL TITLE INSURANCE COMPANY
RECORDED THIS INSTRUMENTBY RE i1ESTAS
OTO
AN ACCOMMODATION 0 A &NOT WMINED
ITFORREGULMMAND 'Al ORAS [IT S
A
ffW ME E NY REAL PROPERN
" RE
THAT MAY BE DES IDERIN.
Mail Tax statements to: SAME AS ABOVE or Address Noted Below
Sep 22 03 05:00p
Government Code 27361.7
I certify under the penalty of perjury that the notary seal on
this document read as follows:
Name of Notary:
Date Commission Expires:
County where bond is Filed:
Commission No.:
Brian J. Foxcroft
March 31, 2005
Orange
1295961
Manufacturer/Vendor No.: slul
Place of execution - Newport Beach
C.- w d a —
FIDELITY NATIONAL TITLV-COMPANY
Date - July 10, 2003
p.3
Sep 22 03 05:00p
p. 4
PARCEL li
PARCEL A AS RECORDED IN A DOCUMENT ENTITLED "RESUBDIVI-SION APPLICATI N'
RECORDED FEBRUARY 261 1964 IN BOOK 6939,. PAGE 87 OF OFFICIAL RECORDSO ORANGE
COUNTY, CALIFORNIA TOGETHER WITH THE WESTERLY 3.37 FEET OF PARCEL B AS
RECORDED IN SAID DOCUMENT. CONTAINING 0.08 E OR LESS.
SHOWN IN EXHIBIT 'vB' ATTACHED HERETO A f WAY RECORD OF APPARENT, ALL AS
SUBJECT TO ALL EASEMENTS AND RIGHTS d ------ ACRES MDR
ND MADE A PART HERE OF,
Sep 22 03 05:01p
P. 5
Y&cl!
EXHIBIT "B""
PA -UE 2 OF 3
CITY OF- NEWPORT
BEACH
LOT
T
LINE ADJ�JSTMENT No.
(MAP)
EXISTING PARCEL
E
PROPOSED PARC'. --.S
OWNER
AP NUMBER -----RLFE-RENCE
NUMBERS
ii-) cotlins
48-05-152-03
PARCEL 1
Jim CoUkins
48-05-152-03
PARCEL 2
DA HE: 3-6-03
PREPARED BY:
RON 'MIEDE-MA L.S. 4653
4',R'EL AREAi
L E'G E N D: ION EXPIRES: 9-1'35-2003
REGISTROT
IPARCEL NUMBER
GiRLOSS AREA PARCEL LINES
Q Ft -XIST, L . LINES
'3',500-00 S E OT
2
LINIE 1-0
2,801,00 Sq Ft ---------- LOT I
BE REMOVED
-- — - — - — CENTER LINE
STREET_
EDGEWATER
50.00 S74*24'00�E 40. 0
---3,37
2 0
2 0'
c-,
PARCEL I PARCEL
P A JR C; E L A)
Li r It"a cz, 7�1-
>
cd OJ
Lr)
z
50.00
4.0.10
in ALLE Y S74*26'50'Lc'
/n
Y&cl!
S'ep 22 03 05:01p
p.G
EXHIBIT "'C" PAGE 3 OF 3
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT No. LA 7-c-n'5-0fF--
(SITE PLAN)
OWNER
EXISTING PARCEL
PROPOSED PARCELS
AP NUMBER
REFERENCE NUMBERS
PARCEL I
4 8-075�--`103
PARCEL 2
�lce - u i-2 -- %S3
EDGEWATER,
.. . . . . . . AF - - -
*12,IE
50.00 S74�2 O"E 40.DO
I
--A
Jp Ayc�
2 VWY RCSIVEWE Ta sc Rrmavo LLJ
;k
PARCEL 1 LO PARCEL 2
�yl
cu
(PARGEL A)c (FIARcEL B)
>
allp
Tr
40
J—S 7 4 Z' -275b " LE-0"�
ALLLY-:�
-A-1- - 7 >-
uj F
F — — — — — — — — — — — 1 1
—i I I
<
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox Internet Address: http://www.swrcb.ca.gov Gray Davis
Secreiaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor
Environmental Phone (909) 782-4130 FAX (909) 781-6288
Protection
October 8, 2003
.Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF PELICAN BLUFF BOAT DOCK, 507 EDGEWATER
AVENUE WEST, NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Anny Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Sharni at (909) 782-3288.
Sincerely,
A
I eno (Jun) T. artirez, Jr.,
A! � 4 N
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutag] 901et
California Environmental Protection Agency
0� Recycled Paper
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3RAS THE 72JECTAREA
'Ali
SIGNATURE
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T
3xA
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W'S NRhEM M04 et-42W,�:e2,i e OB KDRESS 5-0 7
50 7. ed,?.e W'wreAz OV'p- L&166 -r
HARBOR RESOURCES DIV.
CITy
��P,qRT BEACH
e ry p,.
PLAN VIEW
�e v- A KiDATE
.2 -,2 7- 0 _3
0
Q
Q -o
IL4RBOR PERMIT
7R"SFER APPLICA77ON
Date of Applicaton: 04/06/04 Permit Number: ----
Property Address: 507-W.Edgewater
Newport Beach,.CA 92661
Buyer's Names: Eugene Scorziell
Bil'ling Address: 415 W. Patencio Lane
Palm Springs, CA 92262-7j3O
Telephone No.: (760),416-3739
Buyer's Sign
. Seller's f
Seller's Sign
Joint Owner;Sigi
Escrow Company: Mariners Escrow Corporation
Escrow NumL-3r: 25180—BF Fax #: (949) 721-2309
Inspection Date:
Reinspection Date:
Fee Amount:
Date Paid: ChVumber:
Application Approved: /0
Harbor Resources Signature/Date
Special Conditions: This pennit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
CITY OF NEWPORT BEACH
N !P1 829 Harbor island Drive, Newport Beach, CA 92659
0
9 -644-3034/Fax 949-723-0589
49
C
Ma
V�i
Mariners Escrow
949-721-2309
Re: Pier Permit #113-507
507 W. Edgewater, -Newport Beach
Escrow # 25180 -BF
Dear Sirs:
The City of Newport Beach has inspected the above pier and found it to meet
City standards. Once we receive the application signed by the buyer, seller
and joint pier permittee, if applicable, the pier will be transferred.
Thanks for your help and if you require further assistance in this matter, please
call 644-3034.
Sincerely,
Lorrte Aroese
Lorrie Arcese
Harbor Resources Division
INSPECTION FORM
Harbor Resources Department
Date: A V
Inspection Requested By: C
Inspector:
Pier Address:
Don Duffy
5-0 7 W,
// 3 - 5Z'7
CPier Transfer
.jFI Present Yes Need None Needed
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Presentl Yes I No —1
Pump Out
Pier Location
Yes No
OperationaIE___T_
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
Reinspection
Yes Need
-V,Wpo
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
IFOVL
May 11
Mariners Escr,
949-721-2309
Re: Pier Permit #113-507
507 W. Edgewater, Newport Beach
Escrow # 25180 -BF
Dear Sirs:
The above dock was inspected by The Harbor Resources Division of the City of
Newport Beach inspected the dock at the property mentioned above.
We cannot transfer the pier permit until the following deficiencies have been
corrected and the property has been re -inspected:
1. It needs a new testable Backflow Prevention Device installed (please see diagram).
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."
Also, please inform buyer that there is a broken rail on the gangway. This will not
hold up the transfer of the permit.
Please call 644-3034 to request a reinspection. Once the property has passed
reinspection and we have the signed application, the pier will be transferred.
Sincerely,
Lorrie Arcese
Division of Harbor Resources
INSPECTION FORM
Harbor Resources Department
Date: 41-7
Inspection Requested By:
Inspector:
Pier Address:
Pier Transfer
Don Duffy
GFI Present Ye!,,!!:�N ed None Needed
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Presentl Yes I No __1
Pump Out
Pier Location
Yes No
Operational I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock -
Comments / Observations
Other Request
Reinspection
Yes Need
Permit # il / 3 - 5-25 7
DREDGING PERMIT STATUS
Comments/Date
Action Completed
Permit Received
5-1,;� 7/0
Eelgrass
Inspection
/(V/6 3
Sent to Agencies
From Corps
-7 &//0
From Coastal
--7 7
Notified OK to
Dredge
d 'A KY)
Not Approved
Completion Report
3
Comments:
W P
POSTDREDGING
COMPLETION REPORT
The permittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. The post -dredging report shall be sent within 45 days
after completion of the' complete individual dredging project authorized in this permit. The
post -dredging report shall include the following information for the completed individual
dredging project:
Permit Number: 113 — 5 0 7
-Start Date: 2/20/04 CompletionDate: 3/6/04
Total dredged material to Beach: 350 cubic yards
to Sea (LA3):
Total acreage impacted:
Mode of dredging and transportation, and method and frequency of disposal:
hydraulic suction transported through a pipeline
onto adjacent beach
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA -3 ocean disposal site.
c3c
USCG Contact: Y No
Form of dredged material: (Slurry) Cohesive
Procedure and location where the disposal barge or scow was washed:
no washing necessary
A certified report from the dredging site inspector and the captain of any tug or other vessel
used to transport and dispose of dredged material at LA -3 indicating all general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
All conditioning permits were met: Yes No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
no eelgrass identified before dredging
The post -dredging report shall be signed by a duly authorized representative of the pern-Littee.
The pern-dttee's representative shall make the following certification:
I certifij under penalty of law that this document and all attachnwnts were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting J41*1-y'nformation, incl the
possibility offine and imprisonmentfor knowing violations.
I Vi,e Presicrent
Sig6ture
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
REPLY TO July 14, 2003
ATTENTION OF:
Office of the Chief
Regulatory Branch
City of Newport Beach
Attn: Tom Rossmiller
Division of Harbor Resources
P.O. Box 1768
Newport Beach, California 92663-2701
Dear Mr. Rossmiller:
This is in reply to your application (File No. 200301130-CJF) dated May 5, 2003, for a
Department of the Army Permit to perform maintenance dredging and beach disposal within the
supratidal zone, bayward of 507 W. Edgewater Avenue, in Newport Bay within the city of
Newport Beach, Orange County, California.
Based on the information you have provided, the Corps of Engineers has determined your
proposed activity complies with the terms and conditions of Regional General Permit (RGP) 54.
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. Also, it
does not authorize any injury to the property or rights of others or authorize interference with any
existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, State, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Corice i. Farrar of my staff at (213)452-3296.
Sincerely,
VarkDurham
Chief, South Coast Section
Regulatory Branch
Enclosure
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 July 7, 2003
(562) 590-5071
Mr. Tom Rossmiller
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Subject: Condition Compliance — Coastal Development Permit 5-99-282, as amended
& Conformance with Consistency Certification CC -078-99 & CC -077-01
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC -078-99 or
CC -077-01 for the following sites in the City of Newport Beach:
City Harbor
Site Address
Beach
Ocean
Cumulative
Permit#
Disposal
Disposal
Total* for
Qty
Qty' (cu.yds)
2002
(cu.yds)
433'7 3,��'
. . . ...... ......
93-94 Linda Isle
0
1000
133-92
��92J -"'d
0
627
172-853
853 Via Lido Soud
0
230
113-507
507 W. Edgewater Ave
350
0
Sub -total
1 350 1
1857 1
Year-to-clate total
1 1367 1
2857 1
4224
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC -078-99 and/or CC -077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components of the projects. In addition,
the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with
Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is
necessary from the Commission for the beach disposal components of the projects.
Please be advised that only the projects described in the materials submitted for the sites listed above have been
found to conform with Consistency Certification CC -078-99 and CC -077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC -078-99 and CC -077-01 and/or CDP 5-99-282, as amended. This
certification is based on information provided by the recipient of this letter. If, at a later date, this information is
found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time
must cease until a new determination regarding conformance with CC -078-99 and CC -077-01 and/or CDP 5-99-
282, as amended, is obtained.
If you have�ny questions, pl I ease contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200
Sinc er
F\ari --)cnwing
Coastal Program Analyst
Cc: Mr. James Raives, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 cubic yards per dredging and beach disposal event
Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event
Not to Exceed 20,000 cubic yards per year
sc?,,
WP
k 4 -4 -
STATE& FEDERAL-AGENCY--
ft"ICATION
DREDGING AID
w. Permit No. -.5-6 -7
"X:
$423.00
Payment:
Check No: 2865 Date: 5/5/03
F
0
Project Location: 507 W. Edgewater Avenue
Latitude/Longitude: 33 0 36.3851 1170 54.3741
Cubic Yards to be Dredged: 350
Method of Dredging: HYDRAULIC SUCTION
Nature of Dredged Material (Grain size data): REPORT ENCLOSED
Disposition of Dredged Material: PUMP ONTO ADJACENT BEACH
Method of Material Disposition: PIPELINE
Effect of Dredging on Contiguous Bulkheading and Beaches:
RESTORES BEACH AND REINFORCES BULKHEAD
Project Begins: Project Ends:
WILL SCHEDULE PROJECT WHEN WE RECEIVE PERMIT
Page 2
Dredging Application
1, Lorenzo C. Miller (Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, 1, as the applicant shall reimburse the City of
Newport Beach for all attorney's fees and other costs expended by them in defending
any claim, lawsuit, or judgment arising out of the activities of the applicant carried on
under the authority of such permit.
Pelican Bluffs, LLC
Applicant — Please Print
Shellmaker Inc.
Contractor — Please Print
May 27, 2003
Date
Signed: c
Applicant/Agent
CITY OF NEWRART REACH
A
4
CITY OF Aaj)
NEWPORT DEIICII
111 R,
if
'o
III WT
Illy
Nil
ffi Ic
po x
1, Sol
--Zz. July
oh
-rc 0
J!
JE)TY.
33 36,30�/ PnOFILE 1 ..40'
Vlf'1111TY 11[1P - EMT
I. IEIUI nW ExpREsSFJI IN FEET U-11) DENOTE
37 y 10A). sombims . I
I ELEMT1016 MD ON I -EM LOWER LOW NnTER.
Zle4.,e
b7
4 e
7Z 1�1e' -/o '
1 ?(10
PCs
L BAY
ja
:1A
Cc
00 p
F Par -a AND
.0
4
'o
LA*401IqG SLIP
EEL GRASS INSPE9TIOI`k%.
if 4::.�d- �&z hicuipar+ Dos
%
NO EEL GRASS WITHIN I 5t OF PR Aj *I -:, :.
p" - - i. Newport i3etach, Cojirorrii;j
3 EEL GRASS IN THE PROJECT AREA
or 14�_ _rA
j le,- 4ci
SIGNATURE
N /o 0�7tq5 PLAN V 1131 1
PERIM I ME F S PH RI)DRISS607-W, EJgevvoter Ave 11niE6
r-LIC61�- 'BLL)F LLC
p
Date:
Inspection Requested By:
INSPECTION FORM
Harbor Resources Department
,5 / -� .7/-�
cin't-'e
Inspector: Don Duffy
Pier Address: 0 (��645eL�a
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
- I I F_ I F____F I -
Anti -Siphon / Backflow Present
I I I F_
Other Comments
Eelgrass Yes No
Present
Pump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
10AWM H. LIEF & ASSOCRA7ES, RNIC.
GEOTE(CHNECAL ENGINEERING e- ENGHNEERING GEOLOGY
DAVID H. LEE & ASSOCIATES
Primary Business Address
2301 1 Moulton Parkway
Suite D- I I
Laguna Hills, California
92653
Phone: 949-461-5690
Fax: 949-461-790 1
email: dhla@dhia.com
http://www.dhla.com
DAVID H. LEE, PE, GE
COLIN E. CUNNINGHAm, RG, CEG
KAREN L. MASTERSON, MESc
SANDRA D. HULL, BS
Ms. Lisa Miller
SHELLMAKER, INC.
2035-F Placentia Avenue
Costa Mesa, CA 92627
May 15, 2003
Our Project K03.025.00
SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from
the Collins Property at 507 West Edgewater Avenue, Newport
Beach, California 92661.
Dear Ms. Miller:
Presented herewith are the results of our phi grain size -analyses performed on
the soil samples provided to us by your firm. 'fhe test procedures were *in
accordance with ASTM D422-63 (1998) and U.S. Army Corps of Engineers
Report Number CETA 79-7 criteria.
Please do not hesitate to call if you have any questions after you have reviewed
the attached data -
Respectfully submitted,
David A'.. Bee &(16,5 0Z&(t4W',5uc"paw&d
'�C
-'N
Reviewed by:
�-N 14:4,
Karen Masterson
Project Engineer
C�� C�_ 6,16Y
C� !k
E:X'p. 3-31-0&1
David H. Lee
Geotechnic-.1 Engineer
Attachments: Plates 1.1 & 1.2 Grain Size Summary
Plates 2.1 & 2.2 Cumulative Grain Size Distribution PHI Units
WhIasrviservar dataU�ROJECTSV<03.025.00V(0302500_PHLGS Lettardoc
Sieve Opening
Particle Diameter
U.S. Standard
% Material
Retained by
Cumulative
(mm)
in Phi Units
Sieve Size
Percent Retained
Telephone: 949-461-5690
CLIENT: SHELLMAKER, INC.
Weight
38.1
-5.25
11/2'
0.0
0.0
19
-4.25
3/4"
0.9
0.9
Gravel 9.5
-3.25
3/8"
0.1
1.0
4.75
-2.25
4
0.2
1.2
2.83
-1.50
7
0.2
1.4
2
-1.00
10
0.2
1.5
-----------------------------------------------------------
1.41
-0.50
14
0.4
1.9
1
0.00
18
0.9
2.8
0.71
0.50
25
2.5
5.3
0.5
1.00
35
11.7
17.0
0.35
1.50
45
25.2
42.2
Sand
0.25
2.00
60
35.0
77.2
0.177
2.50
80
11.4
88.6
0.125
3.00
120
5.7
94.2
0.088
3.50
170
2.4
96.7
0.075
3.75
200
0.5
97.2
0.063
4.00
230
0.2
97.4
-----------------------------------------------------------
Silt-Clay <0.063
<4.00
<230
2.6
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND (SP): light yellowish
brown (2.5Y 6/4); saturated; with seashell and seashell fragments. The sample was
obtained from the Collins Property, 507 West Edgewater Avenue, Balboa, Newport
Beach, California at a depth of -1.0 feet to -3.5 feet MLLW.
David H. Lee & Associates, Inc.
PFII GRAIN SIZE SUMMARY
23011 Moutton Parkway, Suite D-1 1
Laguna Hill., CA 92653
Telephone: 949-461-5690
CLIENT: SHELLMAKER, INC.
DATE:
RNMEMENEENEEN
Fax- 949-461-7901
Wy, 2003
Sieve Opening
Particle Diameter
U.S. Standard
.
% Material
Retained by
Cumulative
(mm)
in Phi Units
Sieve Si ze
Weight
Percent Retained
38.1
-5.25
11/2"
0.0
0.0
19
-4.25
3/4'
0.0
0.0
Gravel 9.5
-3.25
3/8"
0.0
0.0
4.75
-2.25
4
0.1
0.1
2.83
-1.50
7
0.1
0.2
2
-1.00
10
0.1
0.2
-----------------------------------------------------------
1.41
-0.50
14
0.1
0.3
1
0.00
18
0.2
0.5
0.71
0.50
25
0.4
0.9
0.5
1.00
35
1.7
2.6
0.35
1.50
45
4.4
6.9
Sand
0.25
2.00
60
23.6
30.5
0.177
2.50
80
36.1
66.6
0.125
3.00
120
25.1
91.7
0.088
3.50
170
6.7
98.4
0.075
3.75
200
0.7
99.1
0.063
4.00
230
0.2
99.3
-----------------------------------------------------------
Silt-Clay <0.063
<4.00
<230
0.7
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND (SP): light yellowish
brown (2.5Y 6/4); saturated; with seashell fragments. The sample was obtained from the
Collins Property, 507 West Edgewater Avenue, Balboa, Newport Beach, California at a
depth of +3.0 feet to +0.5 feet MLLW.
32101�dnzzr REEME
David H. Lee & Associates, Inc.
i 23011 Moulton Parkway, Suite D-1 1
PfU GRAIN SIZE SUMMARY
Laguna Hills, CA 92653
Mal
Telephone: 949461-5690
Fax: 949461-7901
CLIENT: SHELLMAKER, INC.
JQ=
DATE:
May, 20M
uwmm
..............
I ","NINW,",
mage
Is
IsMiff"T'Im"
.............. ............
lF.9011111111i
Site Name:
(co=on reference) "PJ
Survey Contact:
k,." C, )�,t
lPermit Reference:
1%
(ACOE Permit No.,
RWQCB Order or Cert. 1
To
Hydrographic System:
(bay, estuary, lagoon, or c\, r 'o o
harbor)
Specific Location-.
(UTM, Lat./Long., datum�
accuracy level, attach 330 3(04
electronic survey area map if
possible) 5 41. 3
F (ACOE Pe
B
R
WQC
ydrogi
ay, es
11Was Caulerpa —Yes, Caulerpa was found at this site and
Detected:
(if Caulerpa is, found, please has been contacted on date.
ediately contact the
permitting agency project
staff and NNffS or CDFG No, Caulerpa was not found at this site.
personnel identified above)
Description of
Permitted Work:
(describe bri�fly the work to
e conducted at the site cy n
der the permits identified
above) —
zi
b
un
[Description of Site: Depth range:
(describe the physical and
biological conditions within I
the survey area at the time of
the survey and provide
insight into variability, if
known. Please provide units
for all numerical
information).
bstrate
type:
IlTempera F-(0
IlSalinity: -11
Dominant
flora:
Dominant
fauna: 0 rN-4-
Exotic
species
encountered:
Other site
description
notes:
Description of Survey Survey date
Effort,. and time
(please describe the surveys period.,
conducted including type of
�survey (SCUBA, remote 3
video, etc.) and survey
methods employed, date of
work, and survey density 6 ra
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
Horizontal
visibility in �-a
water:
Survey type
and methods:
Survey
personnel:
C— CCA
Survey
density:
Survey
limitations:
4 'ra
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 1.0, 9/18/01)
Caulerpa Eradication in Southem
w Califomia
9 Southwest Region Home Page
Map Output Page I of I
http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 09/30/2003
CALIFORNIA —THE RESOURCES AGENCY
CA LiFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 1 Oth Floor
LONG BEACH, CA 90802-4416
(5621590-5071
www.coastal.ca.gov
f CA, tN coo ff r 1.17� GRAY DAVIS, Govemor
0 -7
Date: July 14, 2003
Permit No. 5-03-177
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVE : NESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on June 19, 2003 and was reported to the
Commission on Wednesday, July 9, 2003 is now fully effective.,
Development of your project is subject to compliance with all terms . and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive irector
By: MEG VAUGH
Coastal Program Analyst
dt CALIFORNIA COASTAL COMMISSION
op
_�MMIA rwP:RF-qnLIR(_'ESAGEf1CY
IFORNIA COASTAL COMMISSION
�h Coast Area Office
Oceangate, Suite 1000
] Beach, CA 90802-4302
,)590-5071
W 3e
GRAY DAVIS, Governor
0 rrnif Annfication No. -U.)- I I I
June 19, 2003
1 of 7
Date:
Page:
ADMINISTRATIVE P ---RMIT
APPLICANT: Method Art Corporation
PROJECT e existing "W" shaped'boat dock float, gangway, and landing and
DESCRIPTION: Remov
replace with 8' by 60' float, 6' x 6' landing attached to existing bulkhead, and
3' by 24' gangway and three 16" diameter guide piles.
PROJECT
LOCATION: 507 W. Edgewater Ave., 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
ission at its next meeting. If one-third or more of the appointed
reported to the Comm d from the
membership of the commission so request, the application will be remove
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:
Wednesday, July 9, 2003
10:00 am
Petaluma Sheraton
745 Baywood Drive
Petaluma, CA 94954
IMPORTANT. - Before you may proceed with developm�ent t�hefollgwin m�ust O.Ccur.
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.
E3.EFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF
PERMIT EFFECTIVENESS FROM THIS OFFICE.
PETER D GLAS
Executive irector
By: e Vau
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Title: Coastal Pro ram Anal st
California R/- �Tional Water Quality C,)ntrol Board
Santa Ana Region
Winston Hickox Internet Address: http://www.swrcb.ca.gov
Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348
Envirownewal Phone (909) 782-4130 FAX (909) 781-6288
Protection
May 7, 2003
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
0
Gray Davis
Governor
PROPOSED REBUILDING OF BOAT DOCE, METHOD ART CORPORATION, 507 W.
EDGEWATER AVENUE, BALBOA, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
i no �Jun) T. Martire E.
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Arrny Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutagI761et
California Environmental Protection Agency
co Recycled Paper
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REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Wm. John Miner
c/o Swift Shp Dock and Pier Builders
Attention: Beth Swift
2027 Placentia Ave
Costa Mesa, California 92627
Dear Mr. Miner:
Reference is made to your request of May 2, 2003 (File No. 200300984-SJH). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to to relace an existing floating boat dock channelward of 507 E. Edgewater
Ave., in Newport Bay, in the city of Balboa, Orange County., California, as shown on the enclosed
drawings.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Thank you for participating in our regulatory program.
Sincerely,
Mark Durham
Chief, South Coast Section
D-1 V ---I-
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DATE
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
May 23,2003
Wm. John Miner
c/o Swift Shp Dock and Pier Builders
Attention: Beth Swift
2027 Placentia Ave
Costa Mesa, California 92627
Dear Mr. Miner:
Reference is made to your request of May 2, 2003 (File No. 200300984-SJH). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to to relace an existing floating boat dock channelward of 507 E. Edgewater
Ave., in Newport Bay, in the city of Balboa, Orange County., California, as shown on the enclosed
drawings.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Thank you for participating in our regulatory program.
Sincerely,
Mark Durham
Chief, South Coast Section
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STATE OF CALIFORNIA --THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
www.coastal.ca.gov
Date: July 14, 2003
Permit No. 5-03-177
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on June 19, 2003 and was reported to the
Commission on Wednesday, July 9, 2003 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive )Director
By: MEG VAUGH
Coastal Program Analyst
SECENED BY
pLj�WNIWG DEPARTMENT
CITY 0;: NeVpORT BEACH
JUL J(P3 PM
AM 12,314,516
dt CALIFORNIA COASTAL COMMISSION
/STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Permit Application No. 5-03-177
200 Oceangate, Suite 1000
ong Beach, CA 90802-4302 Date: June 19, 2003
.562) 590-5071 Page: 1 of 7
W 3e
ADMINISTRATIVE PERMIT
APPLICANT: Method Art Corporation
PROJECT
DESCRIPTION: Remove existing "W'shaped boat dock float, gangway, and landing and
replace with 8' by 60' float, 6'x 6' landing attached to existing bulkhead, and
3' by 24' gangway and three 16" diameter guide piles.
PROJECT
LOCATION: 507 W. Edgewater Ave., 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:
Wednesday, July 9, 2003
10:00 am
Petaluma Sheraton
745 Baywood Drive
Petaluma, CA 94954
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed
duplicate copy acknowledging the permit's receipt and accepting its contents, including all
conditions, and return it to our office. Following the Commission's meeting, and once we have
received the signed acknowledgement and evidence of compliance with all special conditions, we
will send you a Notice of Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF
PERMIT EFFECTIVENESS FROM THIS OFFICE.
PETER
t
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ExeCLI iverirGectorS
By: Mea Vauahii�
Title:. Coastal Program Analyst
5-03-177 Method Art
Page 2
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.
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 4-7
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. Proaect Description and Background
The applicant proposes modifications to an existing boat dock including: removal of an
existing "W" shaped float, gangway, and landing and replacement with 8' by 60' float, 6'x
6' landing attached to existing bulkhead, and 3' by 24' gangway and three 16" diameter
guide piles.
The subject site is located on Newport Harbor. Waterfront development in this area, like
the majority of harbor front homes in Newport Harbor, includes private recreational boat
5-03-177 Method Art
Page 3
docks associated with residential development. The proposed dock revision is similar in
function to other docks associated with residential development in the immediate vicinity.
The boat dock will be used solely for boating recreation purposes. The site has been
surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no
eelgrass was discovered within 15 feet of the project area. In addition, eelgrass and
caulerpa surveys were conducted by Rick Anderson, and neither was found at the project
site. Eelgrass and Caulerpa taxifolia surveys are valid for a limited period of time (until the
next growing season for eelgrass and 90 days for Caulerpa taxifolia). Depending on the
date of commencement of construction, the surveys may no longer be valid. Special
conditions 3 and 4 identify the procedures necessary to be completed prior to beginning
construction in the case the current surveys have expired. In addition, special conditions 3
and 4 identify post -construction eelgrass and caulerpa taxifolia procedures.
The nearest public access exists immediately adjacent to the subject site in that there is a
public walkway along the bulkhead in this area (Exhibit A). The proposed project will not
interfere with public use of the walkway. The proposed project has received approval in
concept from the City of Newport Beach Harbor Resources Division (Harbor Permit No.
113-507). The applicant has applied for approval of the proposed project from the U.S.
Army Corps of Engineers and from the California Regional Water Quality Control Board
(RWQCB).
B. Recreational Marine Resources
The proposed recreational boat dock development and its associated structures do not
result in the fill of coastal waters and are an allowable and encouraged marine related use.
The proposed dock work will not have any significant adverse effect on sensitive marine
resources, such as eelgrass. Therefore, the Commission finds that the proposed
development, which is to be used solely for recreational boating purposes, conforms with
Section 30224 of the Coastal Act.
C. Water Quality
The proposed dock work will be occurring on or within 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 and for the use of on-going best management practices
following construction. As conditioned, the Commission finds that the development
conforms with Sections 30230 and 30231 of the Coastal Act.
D. Public Access
As conditioned, the proposed development will not have any new adverse impact on public
access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed
5-03-177 Method Art
Page 4
development conforms with Sections 30210 through 30214, Sections 30220 through
30224, and 30252 of the Coastal Act.
E. Local Coastal Proaram
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The
certified LUP was updated on January 9, 1990. As conditioned, the proposed
development is consistent with Chapter 3 of the Coastal Act and with the certified Land
Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability
of the local government to prepare a Local Coastal Program that is in conformity with the
provisions of Chapter 3 of the Coastal Act.
F. California Environmental Quality Act (CEQA)
As conditioned, there are no feasible alternatives or feasible mitigation measures available
which would substantially lessen any significant adverse effect which the activity may have
on the environment. Therefore, the Commission finds that the proposed project, as
conditioned to mitigate the identified impacts, is the least environmentally damaging
feasible alternative and can be found consistent with the requirements of the Coastal Act
to conform to CEQA.
SPECIAL CONDITIONS:
1. Construction Responsibilities and Debris Removal
(a) No construction materials, equipment, debris, or waste shall be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(b) Any and all construction material shall be removed from the site within 10 days
of completion of construction.
(c) Machinery or construction materials not essential for project improvements shall
not be allowed at any time in the intertidal zone.
(d) If turbid conditions are generated during construction a silt curtain shall be
utilized to control turbidity.
(e) Floating booms shall be used to contain debris discharged into coastal waters
and any debris discharged shall be removed as soon as possible but no later
than the end of each day.
(f) Non -buoyant debris discharged into coastal waters shall be recovered by divers
as soon as possible after loss.
2. 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.
5-03-177 Method Art
Page 5
(a) Boat Cleaning and Maintenance Measures:
1 . In-watertop-side and bottom -side boat cleaning shall minimize the discharge
of soaps, paints, and debris.
2. In -the -water hull scraping or any process that occurs under water that results
in the removal of paint from boat hulls shall be prohibited. Only detergents
and cleaning components that are designated by the manufacturer as
phosphate -free and biodegradable shall be used, and the amounts used
minimized.
3. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(b) Solid and Liquid Waste Management Measures:
1. 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
shall be disposed of in a proper manner and shall not at any time be
disposed of in the water or gutter.
(c) Petroleum Control Management Measures:
Oil absorbent materials shall be examined at least once a year and replaced
as necessary. The applicant shall recycle the materials, if possible, or
dispose of them in accordance with hazardous waste disposal regulations.
The boaters shall regularly inspect and maintain engines, seals, gaskets,
lines and hoses in order to prevent oil and fuel spills. Boaters shall also use
preventive engine maintenance, oil absorbents, bilge pump -out services, or
steam cleaning services as much as possible to clean oily bilge areas and
shall not use detergents while cleaning. The use of soaps that can be
discharged by bilge pumps is prohibited.
3. Pre -construction Eelgrass Survey
A. Pre Construction Eelgrass; Survey. A valid pre -construction eelgrass
(Zostera marina) survey shall be completed during the period of active
growth of eelgrass (typically March through October). The pre -construction
survey shall be completed prior to the beginning of construction and shall be
valid until the next period of active growth. The survey shall be prepared in
full compliance with the "Southern California Eelgrass Mitigation Policy"
Revision 8 (except as modified by this special condition) adopted by the
National Marine Fisheries Service and shall be prepared in consultation with
the California Department of Fish and Game. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within
five (5) business days of completion of each eelgrass survey and in any
event no later than fifteen (15) business days prior to commencement of any
5-03-177 Method Art
Page 6
development. If the eelgrass survey identifies any eelgrass within the project
area which would be impacted by the proposed project, the development
shall require an amendment to this permit from the Coastal Commission or a
new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the
project area by the survey required in subsection A of this condition above,
within one month after the conclusion of construction, the applicant shall
survey the project site to determine if any eelgrass was adversely impacted.
The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special
condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game.
The applicant shall submit the post -construction eelgrass survey for the
review and approval of the Executive Director within thirty (30) days after
completion of the survey. If any eelgrass has been impacted, the applicant
shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at
another location, in accordance with the Southern California Eelgrass
Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a
minimum ratio of 1.21 (mitigation: impact). The exceptions to the required
1.2:1 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.
4. Pre -construction Cauterpa 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 applicants shall undertake a survey of
the project area and a buffer area at least 10 meters beyond the project area
to determine the presence of the invasive alga Caulerpa taxifolia. The
survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional
Water Quality Control Board, the California Department of Fish and Game,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants shall
submit the survey:
for the review and approval of the Executive Director; and
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
5-03-177 Method Art
Page 7
& Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants
shall not proceed with the project until 1) the applicants provide evidence to
the Executive Director that all C. taxifolia discovered within the project area
and all C. taxifolia discovered within the buffer area have 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 applicants have revised the project to avoid any contact with C.
taxifolia. No revisions to the project shall occur without a Coastal
Commission approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
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
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HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for
permit application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development:
Oernove- 46- (?e �4ce Fioa-+In� Jcxk , j21 e,- -c rws 6c)"
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IProperty Address: 'S 0 r7 W , (' "� h'- / I
Legal Description:
lHarbor Permit Number: 1- 5 0 f)
Applicant: M,2,+-Vvod /�f+ Care. 0,2a2nhc:m Cop"12an�j
do S1;P
IApplicant's Mailing Address:
Phone Number: I
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
,X- ' They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property
or the design of a project located thereon, this approval in concept shall become null
and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
)( Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager Harbor Resources Department
Sianature:
Print Name / Title: h,, ir- f-7 lev f7e�-cvv-e-e-zr S�Vpyu,-'�ay
Date: S h ��/G
Attachments:
Page 2 of 2
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Inspector:
Pier Address:
Pier Transfer
INSPECTION FORM
Harbor Resources Department
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Don Duffy
,50r;� Ave- We -s-+
Yes No
GFI Presentl I
Anti -Siphon / Backflow Presentl I
Other Comments
Eelgrass
Yes No
PresentE o. ---
Pump Out
Pier Location
Yes No
Operational I I
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
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CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION IS HEREBY GRANTED TO CONSTRUCT AM
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HERIM
AT THE SITE INDICATED, SUBJECT TO THE PROVNNONS Op
THE HARBOR PERMIT POUCIES OF NEWpORT SEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PEflW
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OP
THE CITY HARBOR COORDINATOR OR CITY COUNCIL TNII
RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE OW
AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL
IN ACCORDANCE VVITHR OF THE MUNICIPAL CODIL
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CITY'NAI DINATO
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PERMIT NO. DATE
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1. Approval of U.S. ArLy Corps of Wqinaers�
2. That when the facility is converted to a
conmierclai marina, restrauhs and
be proviaed in accordance with CountV
Pulicies.
L Vat liqeaboauts oe proWkwu in tw;-�
new isri na �
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Arawings as vl`�,��,4rffiaiflli ilo flot u�
to remain.
My
1. Approval of U.S. ArLy Corps of Wqinaers�
2. That when the facility is converted to a
conmierclai marina, restrauhs and
be proviaed in accordance with CountV
Pulicies.
L Vat liqeaboauts oe proWkwu in tw;-�
new isri na �
4, That,the PUNS Sbnw,- -- tie A -r Q
uy �m %4ii "" , M
Arawings as vl`�,��,4rffiaiflli ilo flot u�
to remain.
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Cl-fy OF WhW*'" "'E""
HARBOR PERriv.MT
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PERMISSION 19 t;EF�'ERV
MAINTAIN T04E FAICMITV Sm, ,W2
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�DATE
PERMIT NO
'S
-PECIA-1.
Corps ol Enghnears peirm TP 6
Orange COuntY Permit
Cothe 2
June 4, 2003
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
Fidelity National Title Company
Fax 909-483-8120
Re: Escrow #2000 -615 -KS
Dear Sirs:
507 West Edgewater, Newport Beach
The City of Newport Beach has reinspected the pier at the above address and
found it to meet city standards, but for your information there is dry rot on the
handrailing. The pier will be transferred into the buyers name.
If you require further assistance in this matter, please call 644-3034.
Sincerely,
r e Arcese, Dept. Asst.
Harbor Resources Division
3300 Newport Boulevard, Newport Beach
www.city.newport-beach.ca.us
!R\11
X1
CITY OF NEWPORT BEACH
sm,
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
May 21, 2003
Fidelity National Title Company
Fax #909-483-8120
Re: Permit # 113-507
507 West Edgewater, Newport Beach, CA 92663
Escrow # 2000 -615 -KS
Dear Sirs:
The above dock was inspected by The Harbor Resources Division of the City of
Newport Beach on May 19, 2003.
We cannot transfer the pier permit until the following deficiencies have been corrected
and the property has been re -inspected:
1. It needs a GFI, ground fault interrupter on the electrical line to the dock.
2. For your information only there is dry rot on the hand railing.
The Newport Beach City Council Harbor Permit Policies state:
1 O.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."
Please call 644-3034 to request a reinspection. Once the property has passed
reinspection the dock will be transferred.
S,
L L
rrie Arcese
i iv
vision of Harbor Resources
3300 Newport Boulevard, Newport Beach
Date:
Inspection Requested By:
Inspector:
Pier Address:
INSPECTION FORM
Harbor Resources Department
Don Duffy
Pier Transfer
CC
/A
Yes No
GF1 Presentl
Anti -Siphon / Backflow Presenti _11�� I
Eelgrass
Other Comments
Yes No
Presentl I I
Pump Out
Pier Location
Yes No
Operational I I
Recommended Action
Encroachimenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments i Observations
Other Request
CATY OF NEWPOPT DUCH
CITY OF
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JOB ADDRESSSO? v�tUvvvolfr Ave- Inn
in
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox Internet Address: http://www.swrcb.ca.gov Gray Davis
Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor
Environmental Phone (909) 782-4130 FAX (909) 781-6288
Protection
May 7, 2003
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REBUILDING OF BOAT DOCK, METHOD ART CORPORATION, 507 W.
EDGEWATER AVENUE, BALBOA, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
qi9i&enevP('Jufi) T. Martirez,
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutaglMlet
California Environmental Protection Agency
co Recycled Paper
I 24ITY OF NEWPOP"T uEncu
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[JOB AIJI)RESSSO.W. U�ewole-r Ave- InniEs
CITY OF WWORT MACH
HARBOR PERMIT
M CONSTRUCT AND
PEMAS" r* I WVSIE HEREOF,
MAI :M W= SIONS
SIZE
N 0= THE R OF
AT Tt . SUBJECT TO T14E
THE HAR13OR PERW poLKM ()F Neh?ORT BEACH AND
AW SPECLAL CofiDMONS LISTED HEREON. 'THIS PERMIT
IS NMTRANSFERAME WITHOUTTHE WRMMN CONSENT OF
THE
.n4F CITy HARBOR COORDINAWOR OR Cny COUNCIL
RIGHTS GPJM UNDER THIS PERMIT RE.pERMISStVE ONLY
AND THIS PERMIT MAY EBEEE REVO rHE CITY COUr�m'
IN ACCOPMANCE 11 0 MUNICIPAL D
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=B
DATE
PERMIT NO.
FERmfT ISSUED SLoj6CT ro
DREDc-E p�sj-
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HARBOR PERAHT
TRANSFER APPLICATION
Date of Applicaton: 511 Id 3 Permit Number: I I
Property Address: 56 7 We!;�- 672
Buyer's Names:
,
Billing Address: M1
AlWvpA� Z�, 3
Telephone No.: _944 7.2-3 -,V,71
Buyer's S
Seller's Names:
Sellees Signatures:
Joint Owner Signature:
Escrow Company:
Address 36o,--�-
Escrow Number: �2000 -615-- /1� S Pax #: 9�9�?, 4Z93, 3/
Closing Date (Estimate): ,,_TkfV 20, -2-jo3
Inspection Date: Reinspection Date:
Fee Amount:
Date Paid: Check Number:
Application Complete:
Harbor Resources SignaturelDate
Special Conditions: This pennit is revocable by the City Council
in accordance with Title 17 of the Newport Beach Municipal Code.
z
q1 114�1 /
J. B. COLLINS INC.
2025 West Balboa Blvd., Suite 2A
Newport Beach, CA 92663
949.723.4701
May 2, 2003
BARGER & WOLEN LLP
19800 MacArthur Blvd.
Eighth Floor
Irvine, California 92612-2427
949.757.2800
949.752.6313 fax
Attention: Geri Theile, Legal Assist. To
JOHN M. MEINDL
RE: 507 West Edgewater
Dear Geri:
Please have Mr. Meindl sign the attached document where indicated for the City of
Newport Beach Harbor Resources Dock & Pier Permit Transfer.
Thank you,
Michelle Vrbas
Assistant to Jim Collins
Marine Consulting& Design
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MEMORANDUM
Newport Beach Harbor Resources Division
Date:
January 10, 2002
To:
Lt. Dottie Ronan
Orange County Sheriff Harbor Patrol
From:
Wes Armand
Subject:
Complaint regarding illegal liveaboard
We have received a complaint from residents in the area of 507 West Edgewater that
there is a vessel berthed at that location that has someone living aboard. This is fairly
reliable information and I suspect your patrolmen's check will verify the validity of the
complaint. The vessel in question is a 40-45 foot trawler, white hull, and blue canvas,
with CF 7647 GG. The informant is not too sure about the last two letters. The alleged
liveaboard is attempting to keep it low-key and unnoticed, however, the complaining
parties feel confident that he is flushing into the bay.
If you would let me know the results of the investigation, it would be appreciated.
Thanks again for your assistance in this matter.
PO
0 CITY OF NEWPORT BEACH 4�3
P.0.-BOXJ,768,1�� ;BEACH, CA 92658-8915
March 8, 2002
Randy Brown
Method Art Corporation
427 Edgewater
Newport Beach, Ca
Re: liveaboard 507 Edgewater
Dear Randy:
The liveaboard (white trawler CF 7647 GG) at the above residence is causing a lot of
public out cry from the surrounding residents. The situation has gotten far out of hand
and the individual must cease to use this vessel as a domicile.
Failure to comply will not be accepted and considering the threat of sewage being
discharged into the bay water this complaint will be pursued in an aggressive manner.
Please correct this situation as soon as possible. Failure to come into compliance with the
Harbor Policies will result in citations and possible revocation of the pier permit.
Please contact me at 949-644-3043 if you require additional information regarding this
issue.
Sincerely,
es Armand
Harbor Inspector
Cc: Stockton
Tony Melurn
Dan Ohl
3300 Newport Boulevard, Newport Beach
3
CITY,OF NEWPOR7." BERCH Res b a, l.j 0 /j X3 6 `7;Ll 1.
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EPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
City of Newport Beach
Attn: Mr. Wes Armand
P.O. Box 1768
Newport Beach, California 92658-8915
June 17, 1998
SUBJECT: NOTICE TO PROCEED (File No. 98-00553-VAW)
Dear Mr. Armand:
Reference is made to your letter dated May 21, 1998 in which you submitted, on behalf
of Mr. Randy Brown of Method Art Corporation at 507 W. Edgewater Avenue, a notification
for the maintenance dredging of 150 cubic yards of sand and silt material by hydraulic
suction and disposal of the dredged material on the adjacent beach.
Based on the furnished information, we have determined that the proposed
maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -
GS provided that Mr. Brown's contractor, Shellmaker Inc., does not exceed the maximum
dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot
MLLW.
If you have any questions, please contact Vicki A. White of my staff at (213) 452-3414.
Please refer to this letter and 98-00553-VAW in your reply.
Sincerely,
NJ !
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure(s)
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 pro�ect S. 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. A�iy special conditions
affectinv the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/,I-isurance InforEpation
7. Applicant'13/Agent's Signature,�� <�� 'Date 5/14/98
8. Work can begin once the City hasi-eceived evidence of the
following additional approvals and ym 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 Co2:ps of Engineers. Date
Approval of the California Coastal Comnission. Date
Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
County of orange. Date
issued. (Permit is stamped drawing) Date
Site Inspection. (call 644-3043 for go�gjntmw=) Date
Site Re -Inspection. Date
Please mail permit to,
Shellmaker Inc.
875 B. West 15th Stre.,
HARBOR
City of Newport Beach
PERMIT APPLICATION
Fire & Marine D=artment
Newport Beach, CA 9261
Please Print: (Front &
Back)
Method Art Corp. -Randy
Brown, 507 W. Edgewater (714)
723-4567
1.
Appiicant (Prope rty
Owner) Aactress.
Teie—p-Ho--ne
507 W. Edgewater, Balboa—
14'3
NER
2.
Project Address (street Harbor Permit
3.
New Constructi�6
Revision maintenance
Dredging X'
4.
—
Fee $358.00
Check No. --7765 Daff—e
- 5/12,798
5.
Brief Description of
Proposed Work: maintenance
dredging
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 pro�ect S. 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. A�iy special conditions
affectinv the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/,I-isurance InforEpation
7. Applicant'13/Agent's Signature,�� <�� 'Date 5/14/98
8. Work can begin once the City hasi-eceived evidence of the
following additional approvals and ym 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 Co2:ps of Engineers. Date
Approval of the California Coastal Comnission. Date
Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
County of orange. Date
issued. (Permit is stamped drawing) Date
Site Inspection. (call 644-3043 for go�gjntmw=) Date
Site Re -Inspection. Date
Conditions:
OWNER-BUILDEEZ DECLARATI
I hereby affirm that I am exempt from the contractor's license
law for the followincr reasons: (Sec.7031d.5, Business and
Professions Code) �� 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 proyision 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).
as owner of the property, or my employees with wage� as
tHe—ir sole compensation, will do the work, and the structure is
not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to
an owner of property who builds or improves thereon,.and who does
such work himself or throu5[h his own employees, provided that
such improvements are not intended or offered for sale. If,
however, the building or improvement is sold within one yec�r 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
witE–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 I proiects with a Contractorl(s) License
pursuant to the Contractor s License Law).
I am exempt under Sec. of Business and
ProFe—s-sions Code for this reason:
owner Signature
contractor Shellmaker Inc.
Date
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 CONTRACMRIS DECrAR&TICN
I hereby.affirm that I am licensed under provisions of Chapter 9
(commencing with Section 7000) of Divip,='n 3 of the Business and
Professsions Code - d c2rpis 1,g*11 force and effect.
Contractor Signai�.r!2ff, -6 , Date 5/14/98
PERMiT NO.// -5 ;5-0--77—
Project Locatign:
DREDGING APPLICATION
507 W. Edgewater Ave.
cubic Yards to be Drddged: 150
Method of Dredging: hydraulic suction
Nature of Dredged Material:_sand/silb
Disposition of Dredged Material; nump onto adiacenb beach
Method of Material Disposition:: -0i,)el1ne_
Turbidity Control Method: turbidity curtain as r'eguired
Effect of dredging on contiguous bulkheading and beaches restores
beagh aad reinforces bulkhead
It T.nrpnqn C, Dljijer hereby state that I have read the U, S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harborp the
City of Newport Beach and Orange County HarborslBeaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of -existing use of the affected
zone.
Method Art Corp. - Randy Brown
(App,licant-type name)
May 14, 1998
(Date)
5hpllmakpr Tnr-
AContractor-type name)
Signedt��V C7 —Z7&L o
Wntractor's
Representative
OF NEW130 T BVICH
CITY OF
HENPURT BEnCII V
11WR
My
Fition
ic FI(xi
VIER
octav
VIC1111TY 1111p
'Y
. in .
01 oS,04- A JIMA
0151
4�, // � - 5-d -7
,4 PAZo k c> e
P110FILE V 40'
SOtINDINGS 11RE EXPRESSED JN FEET MID DENOTE
EI-EVflrI(XS MSED ON 11EIIN LOWER LON MITER.
p(w
loci
v
4vil 7
-,34a�r
vll 1. 1 CI 11 IT' 5 I'll OvVt,
LBISAA Y
15 I'a Aj
Exi6�;^3
L3, -;j
I t -port f3e.:ach, Cejhforri;.j
I ) card -Brt)vjti
'iftoler Mvc.
Newp,-5-10-racll C.wl,-(.
PLAN VIM V = 40'
JOB ADDRESS .50 ?. W, C, lie wale r Ave- I i)n-i E s It �1,fg
n1-km1:)k-;fx VEZINIvil I JAr-r-L-mkk I lulm (mease print aii inTormaLion)
1 . Applicant (Property Owner) Address Telephone
;rA -7 �r_- ;-) - _—_ J /:?- I —r-1, A __7
2.. Project Address (Street
3. New Construction Revision Maintenance
4. Fee Check No. Az_ -/ e)
5. Brief Description. of Proposed
Permit Number
1,1� Dredging -
Date Ligip
40
6. Submit 8 1/2" x 11" Drawings (3), Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
5). Lot sizes and lot numbers, if available.
6). Existing ground profile beneath proposed structure.
7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
8). Area and profile of any proposed -dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant.
11). Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed (on reverse side of this sheet)
VApplicantls/Agent's Signature: yi� Date: /Z 'ge
Joint Permittee Signature (if app Aicable): / 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 bein 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 fbr�a final inspection.
OFFICE USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers
-.Approval of the California Coastal Commission.
- Approval of the City's Public Works Department.
- Approval of the City's Building Department.
Approval of County of Orange.
Electrical and/or plumbing permit (Building Department)
Issued. (Permit is stamped drawing)
Date
Date
Date
Date
Date
Date
Date
Date
Date
Site Inspection. (call 644-3043 for appointment) Date
Site Re -inspection Date
Conditions: 12169-7- oc�2,4/*_ 6P -I() -
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).
as owner of the property, or my employees with wages as their sole compensation,
will do the work, and the structure. is not intended or offered for sale (Sec. 7044, Business. and
Professions Code: The Contractor's License Law does not apply to an owner of property. who..
builds or improves thereon, and who does such work himself or through his own employees,
-provided that such improvements are not intended or offered for sale. If,, however, the
building or improvement is sold within one year of completion, the owner -builder will have the
burden of proving that he did not build or improve for the purpose of sale).
— I, as owner of the property, am exclusively contracting with licensed contractors to
construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law
does not apply to an owner of property who builds or improves thereon, and who contracts for
such projects who builds or improves thereon, and who contracts for such projects with a
Contracto . r(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
W06�nerls Signature:.. /A
Contractor:
Address: --T-O -7
License class: State BAard No.
License Contractor's Declaration
Date:
TelelDhone:
City License No.
I hereby affirm that I am licensed under provisions of. Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code, and my license is in full force and
effect.
Contractor's Signature — Date:
METHOD ART CORPORATION
City of Newport Beac
6635 -Imp 507
J
M.A.... Checking
507 Imp, Groin Wall
Imp 507
12/1/1998
8270
351.00
351.00
I - — / / ��; -
C I TY OF NEWPOh SERCH OIJ344.1110% 00410 Cq61
Tne%�i&e roove- io"
CITY OF
NEWPORT BERCH WA q)(,4 Ire&4edwood 5&r%c1wr-w�
mw UPPER If to ,
. . . . . . . . . . NDFORT. a X /0 rc4 uj 00 d.
; ;o - C� p pe
o BAY
16 (4 s
7,
ve
Irma
Gil;
08"
1"i9c_rpj-C Jill
OCER/V
WEST
VICINITY MRP JEM
19 MAX ge a-/ -1;yose 6d.
40 IS
77'
47
Ala
-7-7
-:77---
.14ife
37 3p
3,
s s 7
78"'
x 16 ------------
.. .... -------
zo,
74LO, K LoV�-j6s - -- -- ... -3o'Lo; ic6
Coeicrcic
ls�ltie. G(76ivi Wall
RPPLICANT'S
(-o w
4, - Te- r r n',
__,N C,4P
JOB ADDRESS
W.
DATE t 1- 13-
CIN OF NEMORT BEACK"
HARBOR PERMIT
PERMISSION 18 HERESY GRANTED TO CONS`rRlJCT AND
MAINTAIN THE R&=M SHOWN ON THE REVERSE HEREOF.
a THE SITE INOM90, aMIECT 70 THE PROVISIONS OF
THE HARBOR PERMlT POLK3ES OF NEWPORT BEACH AND
ANY SPECIAL COMMONS LOW HEREON. THIS PERNT
IS NOTTRANSFERAIIW VWn=TTM WRITTEN CONSENT OF
THE CITY HARBOR COORDINWOR OR CITY COUNCIL THE
RIGHTS GIVEN UNDER THIS PERMIT A ijPEPMISSIVE ONLY
AND THIS PERMIT MA IRE REVOKED
IN ACCORDANCE 17 M t I Ni=j IEL
CITY HA OR COORDINATOR
PERMIT NO. DATE
HARBOR - ERKIT APPLICATION
City of Nemmort Beach 'Fire & Marim D=artment
Pleai��rint_: (Front & B ck))
1-e,,�c e lmv&� V/;Vk, (1KV10" ke_ I'M 71q
1. AppiiAcant (Property s
3.
4.
Revision
Check No.
23S__e_-�6;
Te7e_�non�e
V13 _50''
5. Brief Description Of Propoped Work:
- 11 1 _.., I rn _// S;
1 1
6. Submit Draiwings(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 pro�ect 5. Existipv 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. A�ay special conditions
affectinv the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/_I,`�urance Information
7. Applicant's/Agent's Signature
Date / 2/
8. Work can begin once the City has recei4ed evidence of the
following additional approvals and you hame been notified to
=96-49L.
OFFICE USE ONLY
Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army corps of Engineers.
Approval of the California Coastal Comnission.
L��Approval of the City's Public Works Department.
Approval of the City's Building Department.
Date
Date
rc- -
Date
Date
Date_/L—
ea=�&
Date
County of Orange. Date
L,<�_'Iisued. (Pe=it is stamped drawing)
Date Z
,7-
,_ q) -4K
Site inspection.(-CAll 644-3043 r amgintment). Date
Site Re -Inspection.
Date
Conditions:
OWNER BUILDER DECLARATION
I hereby affirm that I am exempt from the contractor's license
law for the following reasons: (Sec.7031d.5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such -
permit to file a signed statement that he is licensed pursuant to
the provision of the Contractors License Law (Chapter 9,
commencing with Section 7000) of Division 3 of the Business and
Professions Code) or that he is exempt therefrom and the basis
for the alleged exem�)tion. Any violation of Section 7031.5 by any
applicant for a pe rmi t subjects the applicant to a civil pernalty
for not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wages as
tHE—ir sole compensation, will do the work, and the structure is
not intended or offered for sale (Sec. 7044, Business and
Professions Code: The Contractor's License Law does not apply to
an owner of property who builds or improves thereon,.and who does
such work himself or throuVh his own employees, provided that
such improvements are not intended or offered for sale. If,
however, the building or improvement is sold within one ye�Lr of
completion, the owner -builder will have the burden of proving
that he did not build or improve for the prupose for sale.)
as owner of the property , am exclusively contracting
w censed contractors to construct the project (Sec. 7044,
BVsirnlesis and Professions Code: The Contractor Is License Law does
not apply to an owner of property who builds or improves thereon,
and who contracts for such pro�ects with a Contractorl(s) License
pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and
Prof—essions Code for this reason:
4
Opmer Signature Date
Contractor 7Z if
ZL4
��ej/���!elephone /ZZ6,
Address
License ClassY4 1�16 State Board Nb.SCII�l
3-Y�City License No.96602zle
LICENSED CONTRACTOR'S DECLARATION
I hereby.affirm that I am licensed under provisions of 9mpter 9
(commencing with Section 7000) of Division 3 of the Business and
Professsions Code, and license is -in full force and effe t.
Contractor Signature,4g,,, (77, r --'ZZ, Date 12,7,,oP1%1,
Al A?
HARBOR :=T APPLICATION
City of Newport Beach Fire & Marine Department
Front & Back)
SELNPJ-43
71 V 12 2�3 Y�S_6 7
ZP
3. New Construction
4. Fee
5. Brief Description of proposed Work:
oc
,6e /-�s
t -u kf 1-7 Y/j�
Va
Al /I ee
6- SuIbmit 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 pro�ect 5. Existi�iqr ground profile! and area
and profile of any dredgipgr with elevations showing depth
relative to MLLW 6. Elevations Of top and bottom of piles and
bulkheads with respect to MLLW 7. A�ay special conditions
affecting the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/Insurance Information
e 5 -'S01-7
7. Applicant, s/Agent, s Signature L� -Date 0
8. Work can begin once the City has received evidence of the
following additional approvals and ycu have been notified to
proceed:
OFFICE USE ONLY
,Approval in Concept.
Approval of the City of Newport Beach Council.
Approval of the Army Corps of Engineers.
Approval of the Califo2aiia Coastal Commission.
Date
Date
Date
Date
Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
County of Orange. Date
11__�Issued- (Pe=Lit is stamped drawing) Date
Site Inspection. =_a=gintz�_t). Date
Site Re -Inspection. Date
HAL -:JR PERMIT APPLICATION
City of Nemport Beach Fire-&- Marine Department
Please Print: (Front & Back)
1. Applicant (ProperEy– Owner) Address Te i e -p- Eo —ne
Harbor Permit #
3. New Construction — Revision Maintenance Dredging
4. Fee Check No. Date
S. Brief Description of Proposed Work:
6- Suhmit 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 S. Existi:nV ground profile, and area
and profile of any dredgipq with elevations showing depth
relative to MLLW 6. Elevations of top and bottom of piles and
bulkheads with respect to MLLW 7. A�iy special conditions
affectingr the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/Insurance Information
7. Applicant's/Agent's Signature Date
8. Work can begin once the City has received evidence of the
following additional approvals and ym h&ve been notified to
=C299L.
OFFICE USE ONLY
Approval in concept. Date
Approval of the City of Newport Beach Council. Date
Approval of the Army Corps of Engineers. Date
Approval of the California Coastal Corrmission. Date
Approval of the City's Public Works Department. Date
Approval of the City's Building Department. Date
County of Orange. Date
Issued. (Pe=1 t is stamped drawing) Date
Site Inspectioa.(c 11 644-304 f5c tment) Date
Site Re -Inspection. Date
Conditions:
OWNER -BUILDER DECTaR&TION
I hereby affirm that I am exempt from the contractor's license
law for the following reasons: (Sec.7031d..5, Business and
Professions Code) �ny City or County which requires a permit to
construct, alter, improve, demolish, or repair any structure,
prior to its issuance, also requires the applicant for such
permit to file a signed statement that he is licensed pursuant to
the provision of the Contractors License Law (Chapter 9,,
commencing with Section 7000) of Division 3 of the Business and
Professions Code) or that he is exempt therefrom and the basis
for the alleged exemption. Any violation of Section 7031.5 by any
applicant for a permit subjects the applicant to a civil pernalty
fq��,not more than five hundred dollars ($500).
I, as owner of the property, or my employees with wage� as
th-d-l—rsole 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 throuVh his own employees, provided that
such improvements are not intended or offered for sale. If,
however, the building or improvement is sold within one ye�Lr of
completion, the owner -builder will have the burden of proving
that he did not build or improve for the prupose for sale.)
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 proiects with a Contractorl(s) License
pursuant to the Contractor's License Law).
I am exempt under Sec. f B sin ss and
Professions Code for this reason:
owner Signat
Contxactor Telephone
Address
License Class State Board No. City License No.
LIMMED CONTRACIORIS DECLARATIM
I herehy.affizm that I am licensed under provisions of Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professsions Code, and my license is in full force and effect.
Contractor Signature Date
,1-hj,�jR PERMIT APPLICATION
rity of No3Zo=Beach Fire & LLariwQ D=artme=
Please Print: (Front & Back)
1. Appiicant (Property owner) Address Teiephone
2. Pr&J--ect Address (street address) Harbor PeETiEt—#
3. New Construction — Revision Maintenance Dredging
4. Fee Check No. Date
S. Brief Description of Proposed Work:
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 proiect 5. Exista'.ncf ground profile, and area
and profile of any dredging with elevat-arons showing depth
r
relative to MLLW 6. Elevations of top and bottom of piles and
bulkheads with respect to MLLW 7. Any special conditions
affectInV the construction or affecting boating operations. 7.
Owner Builder/Contractor Declaration/Insurance Information
7. Applicant's/Agent's Signature Date
8. Work can begin once the City has received evidence of the
following additional approvals and you have been notified to
1proceed:
OMCE USE CNLY
Approval in Concept. Date
Approval of the City of Newport Beach Council. Date
Approval of the Army Corps of Engineers. Date
Approval of the California Coastal Commission. Date
Approval of the City's Public Works Department. Date
A=roval of the City's Building Department. Date
County of Orange. Date
issued. (Pe=Jt is stanped drawing) Date
Site Inspection.(call 644-3043 fo tment)_ Date
Site Re -inspection. Date
Marine Consulting& Design
", �n r
�
Al's UUET), Off
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HARBOR PRECAST COMPANY
LONG PEACH. CALIFORNIA
PRESTRESSED CONCRETE PILES
14"
DRAWN r -w tcREE) Arrnovtv
DATE MVG No.
TEIRM "pco .2 200 of.to 1."I�
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200,880 lbs
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196 113' -
edges
1�ffectivo Drestress
1.025 z.,8i
Workinr stren
162 000 psi
_1nitial Zntl 98
.-WII&I-jackIng -force.--30,550 lbs
HARBOR PRECAST COMPANY
LONG PEACH. CALIFORNIA
PRESTRESSED CONCRETE PILES
14"
DRAWN r -w tcREE) Arrnovtv
DATE MVG No.
TEIRM "pco .2 200 of.to 1."I�
t4
It r -A
1�
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Working Torn
x
Total working
154 in2
Effective Dre8tress
lit, 45 0 chgmfor HARE36R PRECAST COMPANY
typicalt top LONG BEACH, CALIFORNIA
and bottom
PRESTNESSED CONCRETE PILES
14" ROM
D"AWN C"XCKED ArPROVED
CATE ISCALE DWG No.
FORW "P CO .2 WC -0 f 1.# 2 T.
ice 3�q
Al WILLIAM M. SIMP4:1 ,�, f / ")
CON SULTIN43 STAU5- UAAL ENGINEER DES
2222 NEWPOPI f3LVD
NEWPORT f3EAC)-I. CALIF 92663 (714167�-61 10
DATIF
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CITY OF NEWPORT BEACH
May 12, 1993
PO. BOX 1768, NEWPORT BEACH, CA 92658-8915
Nann von Oppenheim
507 W. Edgewater
Newport Beach, CA 92661
Re: Harbor Permit 112-507 for the residential float
507 West Edgewater
Dear Ms. von Oppenheim:
bayward of
The City of Newport Beach has received several complaints regarding
the use by Liveaboards at the float bayward of your residence at
507 West Edgewater. As you are aware, liveaboards are prohibited
by the Harbor Permit Policies, specifically by Sections 1.A, 2.F
and 4.K:
1.A. "Shore connected piers and floats bayward of residential
zoned areas shall be reserved for the occupants of the abutting
upland property and controlled by the Harbor Permittee. Vessels
moored at residential piers shall not create a nuisance with regard
to vehicle parking, vessel waste, liveaboards, or noise
disturbances to adjoining residents."
2.F. "The term "Liveaboard" shall mean the use or occupancy of
a vessel for living quarters either permanently or on a temporary
basis for a period exceeding 3 days".
4.K. "In those areas of the harbor where the piers and floats
are bayward of residential zoned areas and are reserved for the
occupants of the abutting upland property, liveaboards shall not be
permitted".
On May 6, 1993 the Orange County Sheriff's Harbor Patrol responded
to a complaint regarding liveaboards bayward of your residence and
contacted individuals aboard the vessel "The Second Time" CF 9517GG
and on another vessel at your pier CP 1029FM. Individuals -aboard
both vessels indicated they were living aboard. Marine sanitation
devices aboard both vessels were plumbed in such a manner and were
so situated as to allow sewage discharge overboard into the waters
of Newport Harbor.
To preclude further action by the Marine Department it will be
necessary that both of the above vessels be relocated from your
dock. Liveaboard vessels will not be permitted at your float. If
liveaboards continue at the float at 507 West Edgewater it will be
3300 Newport Boulevard, Newport Beach
the recommendation of the Marine Department that the Pier Permit be
revoked, as provided by Section 17.24.090 of the Newport Beach
municipal code, parts 1 and 7. Subsequent to that revocation the
structure could be declared a nuisance and removed.
If you have questions in this regard or wish to discuss the matter
I can be reached at 644-3044.
S incerely,
o.
Tony Melum
Deputy Director
All
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7.OFFENSE
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SANTA ANA, CALIFORNIA 4. INITIAL -CRIMINAL
5. FOLLOW-UP CRIMINAL
6. F-1 CONTINUATION PAGE NO.
LAST NAME FIRST—SPELL OUT WHEN DICTATING FOLLOW-UP REPORT
S. LOCATION OF OCCURRENCE
50"1 W - m6cumek
10. DATE AND TIME OF OCCURR
12. DETAILS OF INCIDENT: 04
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13. INIEITIIATIN( 0FFICIIfRk!S_
REPORT BY
14. DATE OF REPORT
is. PRO EE
M F0680-104.3 (R 12/81)
NANN VON OPPENHEIM
507 West Edgewater
Newport Beach, CA 92661
May 25, 1993
Tony Melum.
Deputy Director
City of Newport Beach
P.O. BOX 1768
Newport Beach, CA 92658-8915
Dear Mr. Melum:
We are in receipt of your letter dated May 12, 1993. In response,
we have notified the boatowners referenced that they must relocate
im-nediately. Per our conversation with you, we have delivered the
attached letters to them. We will have both boats moved from the
dock by the end of this month.
After delivering the boatowners' letters, we had a conversation with
the boater on "The Second TiTm." He said that the Harbor Patrol did
stop by. They checked the boat's sanitation plumbing valves. They
were in the onboard position. He was informed he needed them locked.
He has already scheduled a person to come out and put a lock on. He
did not receive a citation for this.
In addition, they have full access to a complete boaters' bathroom
(with an exterior entrance) which is within my house. My office staff
and I can attest to the fact that they were using our shore facility
as we have observed them on their trips to and from our house. We
mention this as we are very concerned aboutthe quality of the bay.
Therefore, we were surprised by your letter since the boaters had not
received citations and, hence, had not informed us of any problem.
However, to eliminate further problem , we have asked them to leave
by the end of this month. In short, we have solved the problem.
ME THOD A.IRT CORPORATION
t)O'/ West Edgewater
Newport Beach, 'C'A 92bbi-111-ltl
It 1 14 -'J2'-j- - 4 t) 6'11 FAX-. . 1114-by'3-1339
May 1 VO, 19 9 '31
Lorne and Donna Lauder
Dear Lorne and Donna:
Yesterday we received a notice trom the City oil', Newport
Deact., Marine Department that the Harbor Patrol responded to
several complaints trom neighbors regarding iiveaboarcis
(i.e. "occupancy or vessel tor living quarters ... tor a
period ot more than three days"). We have taken this notice
very seriously.
We were stunned to be told the Harbor Patrol observed that
marine sanitation devices on your boat were piuznbed iii such
a manner that sewage could discharge into the bay. You must
realize that this is not permitted. We know that you have
been utilizing the boaters' bathroom, but the vessel was
plumbed in the wrong manner so it does not matter what we
know, only what they reported they observed.
We were very disappointed that considering the seriousness
ot this situation to us personally that you did not intorm
us or the visit by the Harbor Patrol.
This letter is Otticial written notice that as per the
letter trom the Marine Department, you must remove your boat
trom the dock at ')0'/ West Edgewater as soon as possible. 'Vile
regret this decision, but It is necessary it you intend to
stay on your boat. 11iease tind a new location immediately,
You must be relocated by the end ot this month.
P
liease remove ail ot your beionging or waste -materiai trom
the dock prior to moving.
S
Sincereiy
Nann Von Oppennelm.
Cc Tony Meium, Deputy Director
Marine Department, City ot Newport Deach
METHOD ART CORPORATION
b0j West Edgewater
Newport Deacn, CA 921bbi-1121b
114 -'12 3 - 11"i t, -1 FAX: 114-0703-13139
Imlay 18, 1991
Wes Von Iforwegen
Dear Wes:
Y`esterday we received a notice trom the City ot Newport
Deach, Marine Department that the Harbor Patrol responded to
several complaints trom neighbors regarding iiveaboards
(i.e. "occupancy ot vessel ror living quarters ... tor a
period ot more than three days"). We have taken this hotice
very seriously.
We were stunned to be told the Harbor Pal-roi observed that
marine sanitation�ctevices on your boat were piumoe�-A in such
a manner tnat sewage could discharge into the bay. "IOU must
realize that this is not permitted. We know that you have
been utilizing the boaters' bathroom, but the vessel was
plumbed in tne wrong manner so it does not matter what we
know, only what they reported they observed,
We were very disappointed that considering the seriousness
Ot this situation to us personally that you did not intorm
us ot the visit by the Harbor Patrol.
rrh-; .
A, _L letter is otticiai written notice that as per the
letter trom tne marine Department, you must remove your boat
trom the dock at "-.U'/ West Edgewater as soon as possible. We
regret this decision, but ' Lt is necessary it you intend to
stay on your boat. Please tind a new location immediately,
You must be relocatecL by the end ot this month.
Please remove all ot your belonging or waste material trom
the clock prior to moving,
Sincerely,
Nann Von Oppenheim
CC: Tony Meium, Deputy Director
Marine Department, City ot Newport Deacn
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 2711
LOS ANGELES. CALIFORNIA 90053-2325
SUBJECT: NOTICE TO PROCEED
9'a
City of Newport Beach
Attn: Tony Melum, Tidelands Administrator
Post Office Box 1768
Newport Beach, California 92659-1768
Dear Mr. Melu-m:
Reference is made to your letter received October 20, 1992 in
which you notified the Corps of Engineers that Ms. Nancy Oppenheim
intends to maintenance dredge approximately 85 cubic yards of
material by hydraulic suction at 507 Edgewater and dispose of the
material on an adjacent beach, in the City of Newport Beach, Orange
County, California.
Based on the furnished information, we have determined that
your proposed activity complies with the terms and conditions of
Permit No. 89 -211 -GS provided Ms. Oppenheim does not exceed the
maximum dredging design depth of -5 feet MLLW with a maximum
allowable overdredge depth of -1 foot MLLW.
If you have any questions please contact Tiffany Welch in our
Ventura Field Office at (805) 641-2935.
Sincerely,
Michele Waltz
Chief, South
Coast Section
P
0 ! 7
> CITY OF NEWPORT BEACH
-Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
October 29, 1992
SteVen G. oppenheim
507 Edgewater
Len Miller, Mr. and Mrs. Brown
503 and 501 Edgewater
Re: Dredging bayward of 501, 503 and 507 Edgewater
Dear Sirs:
Based on my meeting with Mr. and Mrs. Brown and Mr. Miller, it is
our understanding that dredging adjacent to 507 and 503 Edgewater
will require that a percentage of the material be placed against
the adjacent seawall to assure that we have a minimum of 2 feet of
penetration of the bulkhead panels that support the beach at that
location. The balance of the material can be placed at the Lindo
Street end and in front of the bulkhead immediately west of Lindo
Street end.
We are hoping that this procedure will give the docks and boats at
503 Edgewater sufficient depth and at the same time provide the
necessary support for the wall adjacent to the docks.
If you have questions in this regard please contact me at 644-3044.
Sincerely,
Tony Melum
Deputy Marine Director
3300 Newport Boulevard, Newport Beach
113-5v7
CITY OF NEWPORT BEACH
z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
October 13, 1992
Nancy Oppenheim
507 Edgewater
Balboa, CA 92661
Mr. Leavitt
503 Edgewater
Mr. and Mrs. Len Miller
501 Edgewater
Re: Harbor Permits 113-507 and 113-503 for the piers and floats
bayward of 503, 501 and 507 Edgewater
Dear Harbor Permittees:
The City of Newport Beach has received an application to do
dredging bayward of 507 Edgewater. As part of our review process
prior to issuing a dredging permit we. noted that the bulkhead
bayward of public property in that location is built with 8 foot
panels. The penetration of those panels into the sand which
supports the wall, goes from 5 feet of penetration starting at
Lindo Street, to 1/2 foot of penetration, as you proceed from west
to east. In discussion with the Public Works Department we find
that this provides very little material against the existing
bulkhead and could eventually precipitate a failure of the bulkhead
wall.
In approving the dredging permit application submitted by Mrs.
Oppenheim, the City is considering requiring that the dredge
material be disposed of along the face of the bulkhead so that
there is a minimum penetration of the 8 foot panels of 4 feet along
the full length of the bulkhead from Lindo Street to Island Avenue.
Depending on the tidal elevation in this location the slope of the
sand would either be on a slope of 1 to 5 or a slope of 1 to 3.
We feel that this method of sand disposal is important to prevent
the failure of the bulkhead adjacent to public property. This
disposal may, however, impact the use of your floats in the
particular area. As a result, the City Marine Department would
like to meet with you at your convenience, either as a group or
individually, to discuss the sand disposition.
Please contact me at your earliest convenience so this matter can
be resolved. I can be reached at 644-3044.
sincerely
Tony Melum, Deputy Director
3300 Newport Boulevard, Newport Beach
DREDGiNG APPL."."CATZON
Project Location: 507 Edgewater .11
-abic Yaxds to be Dredged: ILL
Method a'! A Credging:
Nature of Dredged Material:
Disposition of Dredged imaterial: t"arm"n"t tn beagh Z:clamation
a'" db a -
Meznod of Material Dlspos4tion: pir%eline tramsco."t
T%=bid-ity Cont=ol Method:
T=1 ne,
on contiguous bulkheading and '-each.es
R ei,-if ore 8/nrotec t bulkhead-restor�e- sand to detlete:g heach
Mark Sites J. .-.erebv state that -7 have read :',le
(-Z--Int na.7.e)
Cor=s of Zmgi,neer3 permit maintenance dredgi:-z in N -t
of Newioort, Beach. and Orange COunty Ha="crs,Beach.es and Prazks
(L-62 ac -al -4 --able) permi t for maintenance dzedg4nq and accem-
;oro'visions therein. Additionally I quarantee that the p
�- .6 rc-osea
will not Occur because o! any altering of existi-a use ox the aff-ec--ad
zone.
Nancy Oppenheim
(App li cant- type name) (Contractor -type -nam,*ei-)
9/9/92 S igned:
(Date) Z?4A
Contractor's
Representative
PROFILE
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CITY OF NEWPOU BFACti
HARBOR PERMIT
PERMISSON IS HEREBY GRANTED TO CONSTRW AM
MAINTAIN THE FACILITY SHOWN ON THE REVEM NUAM
AT THE SITE INDICATED, SUBJECT TO THE PROVO= Op
THE HARBOR pERwT POLICIES OF NEWpogr SEAM AW
ANY SPECIAL CONDITIONS LISTED HEREON. THN 004f
18 NOTTRANSFERABLE WITHOUT THE WRffTa CoNgWop
WW CITY HARBOR COOMNATOR Olt Cny CoUtCL
MONTS GIVEN UNDER THIS PERMIT ARE PERMISSM OZ
AND THIS PERMIT MAY BE WJOKIED BY THE CITY CMM
0 ACCOMANIX VM OF THE MUNWJML COOIL
/ Aff:tf —/"oft
CITY,NW_oR
,,,p?WINAT0Fr
3
PERMIT NO. DATE
------------------
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0
CITY OF NEWPORT BEACH
z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
October 13, 1992
Nancy Oppenheim
507 Edgewater
Balboa, CA 92661
Mr. Leavitt
503 Edgewater
Mr. and Mrs. Len Miller
501 Edgewater
Re: Harbor Permits 113-507 and 113-503 for the piers and floats
bayward of 503, 501 and 507 Edgewater
Dear Harbor Permittees:
The City of Newport Beach has received an application to do
dredging bayward of 507 Edgewater. As part of our review process
prior to issuing a dredging permit we noted that the bulkhead
bayward of public property in that location is built with 8 foot
panels. The penetration of those panels into the sand which
supports the wall, goes from 5 feet of penetration starting at
Lindo Street, to 1/2 foot of penetration, as you proceed from west
to east. In discussion with the Public Works Department we find
that this provides very little material against the existing
bulkhead and could eventually precipitate a failure of the bulkhead
wall.
In approving the dredging permit application submitted by Mrs.
Oppenheim, the City is considering requiring that the dredge
material be disposed of along the face of the bulkhead so that
there is a minimum penetration of the 8 foot panels of 4 feet along
the full length of the bulkhead from Lindo Street to Island Avenue.
Depending on the tidal elevation in this location the slope of the
sand would either be on a slope of 1 to 5 or a slope of 1 to 3.
We feel that this method of sand disposal is important to prevent
the failure of the bulkhead adjacent to public property. This
disposal may, however, impact the use of your floats in the
particular area. As a result, the City Marine Department would
like to meet with you at your convenience, either as a group or
individually, to discuss the sand disposition.
Please contact me at your earliest convenience so this matter can
be resolved. I can -be reached at 644-3044.
Sincerely
Tony Melum, Deputy Director
3300 Newport Boulevard, Newport Beach
DATE TtME_
FOR
WHILE YOU WERE bUT
m
OF
PHONE No.- -7 -EXT.
TELEPHONED I
PLEASE CALL
ECALL
RETURNED YOUR CALL
-(
AGAIN
CAME IN TO SEE YOU
URGENT
/ 1,3 -15V 7
October 11,1989
507 West Edgewater
Dear Tony Melum,
September 29, 1989, you took an application for dredging at
Newport Landing, adjacent to my property. I replied with a protest
October 7, Friday. The following Monda:�� October.[P, I met with
the city attorney and you in your respective offices
Mr. Burnham said that two or three weeks for studying the issues
was not a problem, and he restated that position at the,city
council meeting when I put forth my concern. Since he spoke in the
affirmative, I gratefully And immediately ceased my presentation
without making any further points..
But now, in less than two weeks from the application, Ken Nelson
informed me that you issued to him a permit over my objections and
my understanding of what the City Attorney had said. When I asked
you why, your reasons were 1. pressure (I sympathize)2.the dredger
is leaving the bay for two months. But ... there is another dredger
who Pould do it,in one.two or three weeks'
You probably realise without me pointing it out, that since
the applicant has had everything granted to him without having to
answer for the i irreparable damages to our beach, which they caused
by previous dredging, they take a very uncooperative attitude. They
will pump the dredged sand onto our beach to shore up the sea wall.
My husband and I have spent our lifetimes finding solutions to
difficult problems. Representing the United States, we traveled to
many foreign countries as problem solvers. With a short period of
study we could have helped even the street -end -drain problems.
Instead our lovely ninety foot DRY beach has been uroded away by
radical dredging, leaving a four foot lowerWET beach: and we were
denied the opportunity to save it from more of the same treatment.
Do you know how uncomfortable it is to try to sit out on a WET beach?
We can replace the walkways and the platform and,gazzebo, but
as the beaches down the block collapse one by one, domino. -style,
alot of people will be denied an important part of their precious
environment.
As I already said, the other dredger would have done the job
in a week or two or more. I think the rush was artificial and pushed
very fast to thwart our plans for restoring our beach. Also you
had written to us of plans the city had to help restore our beach.
There is something very strange about this whole episode.
Sincerely,
PO
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
. Fog
/Fog
March 21, 1991
Stephen G. Oppenheim
507 West Edgewater
Balboa, Ca. 92661
Re: Harbor Permit #113-507 for pier and float bayward of 507
Edgewater
Dear Mr. Oppenheim:
The Marine Department has corresponded with you on several
occasions regarding the use of your pier and float at 507
Edgewater, to bring you into compliance with the appropriate
sections of the Harbor Permit Policies, yet there continues
to be problems. (Copy attached)
Most recently it has been brought to this department's
attention that there is a vessel berthed on the west side of
your dock with a beam exceeding 10 feet. This violates the
conditions specified in the letter to you dated May 27, 1986.
(Copy Attached)
The neighboring on -shore mooring, P-61, has difficulty
accessing their boat due to the narrow easement between your
vessel and their boat. This tight situation must also pose a
problem for you.
We suggest the following compromise to lessen the tension
between yourself and the permittee on mooring p-61. Relocate
the vessel that is berthed on the west side tie and only
allow a vessel with a beam of ten feet or less. The on -shore
permittee will be instructed to move their mooring three feet
to the west at the time of their next maintenance or before.
This will provide approximately six feet more between both of
you.
Please call me if I can be of any further assistance in this
matter.
Sincerely,
Wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
PO
lip
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
low
April 17, 1991
Randy Brown
507 Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507 for the pier and float bayward of
507 Edgewater
Dear Mr. Brown:
Attached for your information are two permit drawings for the above
facility. The permit marked "Exhibit All was issued in 1947 for the
original construction for the pier and float bayward of 507
Edgewater. As is evidenced by this exhibit, the pier and float
were built in the center of Lot 108 and the float was a single U
shaped slip.
"Exhibit B11 represents an "as built" drawing provided by Tex
oppenheim in December 1985. This exhibit shows that the location
of the pier and float has been moved westerly and an additional
slip has been added. This change from the 1947 structure to the
present and existing structure was made without a permit from the
City. As you know, a permit would be required for this work, as
stated in the Newport Beach Municipal Code.
To correct the existing sitution it would be necessary to make
appliction to the City of Newport Beach for a Revision Permit,
thereby establishing the validity of the structure as it now
exists. Because of the background of the situation, it would be
necessary that permit approval, obtained after the fact, come from
the City Council at a public meeting. -1
If you have questions in this regard please call me at 644-3044.
Sincerely
Tony Melum
Tidelans Administrator
3300 Newport Boulevard, Newport Beach
CITY,OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION 19 HEREBY GRANTED TO CONSTRUCT AMC
MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF,
AT THE SITIE INDICATED, SUBJECT TO THE PROVISIONS Ors
THE UARBOR PERMIT POLICIES CF NEWPOFT BEACH AND
ANY SPECIAL COND.ITIONS LISTCD HEREON. THIS PERMIT
Is NOT -TRANSFERABLE WiTHICUT THE Wr-"-.TEN CONSENT Of
THE CITY HARBOR COOR01"'i'JiTOR OR CITY COUNCIL. THi.
RIGHTS WIVEN UNDER T. -OS PF_iZftTIT ARE Prm.SUSSIVE. ONLN
AND THIS PERMIT-AlAY F�-,C QILVOKEb BYTHE CITY COUNCIL
IN ACCORDANCE WITH 17 THE MUN.-CIPAL CODE.
CITY HARYDR XVUWrMW0R
PERMIT NU.' DATE
SPECIAL CONDrrjONS:
COrPs Of Er4&inftm pera*
Or'snp CMmty piwmlt
Other Ora,, f -7,-e 3-7- 17
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P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
�L
October 1, 1991
Todd Brown
507 Edgewater
Balboa, Ca. 92661
Dear Todd:
This short note is to confirm that Tony and I will meet the
permittees of the moorings adjoining 507 Edgewater on
Thursday, 10-3-91, to resolve the problem.
The Harbor Department has agreed to assist us by providing a
patrol boat to move the mooring cans. If these cans are
moveable by the boat the relocati-on should be completed that
afternoon.
Thanks for your patience.
Sincerely,
Wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
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14ARVEY M- MOORE
,ATTORNEYAT L.*X'
BIDNA,�,�EYS
A PARTNERSHIP OF
PROFESSIONAL LAW CORPORATIONS
1401 DOVE STREET, SUITE 300
FACH. CA 92660
NEWPORT B' FAX: (714) 152-8770
(714) 752-7030
CITY OF NEWPORT BEACH
June 19, 1991
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
M.A. Walker
312 Lindo street
Newport Beach, Ca. 92661
Dear Mrs. Walker:
Thank you for coming into the Marine Department office this
Monday. I felt that the situation with your on -shore mooring
could be discussed better in person rather than handled with
several letters.
To summarize the meeting, documentation provided this
department has established that the pier at 507 Edgewater was
in the same position in 1976 as it is today. The Marine
Department feels there is sufficient water to accommodate
both your mooring and the use of the side tie at 507
Edgewater if the following is done:
1. Relocate your mooring buoy stake three (3) feet
westerly from the seawall adjacent to the property
line at 507 Edgewater.
2. Tie any vessel mooring on your shore mooring on the
westerly side of the mooring line.
The above mentioned relocation must be accomplished within 45
days from our meeting of June 17, 1991.
Your cooperation in this matter would be greatly appreciated.
Please call me at 644-3044 if you need any further
information.
Sincerelyr/_'/
Wes Armand, Marine De tment
cc. Terry Lundy, O.C. Sheriff's office
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
March 6, 1989
TO: DAVE HARSHBARGER
FROM: City Manager
SUBJECT: HARBOR PERMIT - 507 WEST EDGEWATER
Since 1986 the City has been attempting to bring into
compliance the Harbor Permit at 507 West Edgewater. The occupants
and owners of the permit have been non-cooperative. Attached.is a
copy of the correspondence that has occurred concerning this violation.
Inasmuch as the City is now raising the bulkheads in the subject area
which will necessitate disconnecting the float facilities, now may be
an opportune time to enforce.the harbor permit provisions against the
subject property. Please advise.
RLW: kf
Emc.
ROBERT L. WYNN
7,1
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P0
CITY OF NEWPORT BEACH
U -Z P.O."BOX 1768, NEWPORT BEACH, CA 92659-1768
F 0
January 7, 1990
Stephen G. Oppenheim
507 West Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507 for pier and float bayward of 507
Edgewater
Dear Mr. Oppenheim:
The City of Newport Beach has received a complaint regarding the
use of the pier and float bayward of the residence at the above
address. Specifically the complaint is that the facility is being
used in violation of Section 1.A. of the Harbor Permit Policies,
which states:
1.A. "Shore connected piers and floats of residential zoned
areas shall be reserved for the occupants of the abutting upland
property and controlled by the Harbor Permittee. Vessels moored at
residential piers shall not create a nuisance with regard to
vehicle parking, vessel waste, liveaboards, or noise disturbances
to adjoining residents."
Adjoining residents state that one of the vessels at your dock has
a person or persons living aboard and that as a result of the
number of vessels tied to your float 4six count), of which several
are ' not owned by the permittee, a nuisance to the neighborhood has
been created.
To preclude further action by the Marine Department the harbor
permittee must bring the existing problems under control so that
they are not producing disturbances to adjoining residents.
If you have questions in this regard please call me at 644-3044.
Sincerely,
1,AeA4-t_A--
Tony Melum
Tidelands Administrtor
3300 Newport Boulevard, Newport Beach
DREDGING APPLICATION
Project Location: -5'0 -7
Cubic Yards to be Dredged:
Method of Dredging:
Nature of Dredged Material:
Ala
Disposition of Dredged Material:
Method of Material Disposition:
F V $
Turbidity Control Method: //�"- SCqAQ'X
;er'
PERMIT NO.
as
Effect of dredging on contiguous bulkheading and beaches
I, Ljrv�h�o hereby state that I have read the'U. S. Army
()#int name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein.. Additionally I guarantee that the proposed dredging
-will not occur because of any altering of existing use of the affected
zone.
I
lVaecl 019pan
JApplR:ant-type name)
�17,
/ (Date)
(Contractor -type name)
Signed:'44" C.
Cont.tactor's
Representative
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CITY OF NEWPORT BEACH
Marine Department
December 9, 1987
TO: CITY MANAGER
FROM:
Marine Department
SUBJECY: HARBOR PERMIT 113-507 ISSUED TO STEVE (TEX)
VON OPPENHEIM FOR THE PROPERTY AT 507 WEST
EDGEWATER
In 1947 a permit for the property at 507 Edgewater was issued to
Mrs. George Rogers to revise a pier and float bayward of 507
Edgewater. A copy of that original permit is attached and marked
Exhibit A. Over the last several years it appears that the
current property owner, Tex von Oppenheim has made several changes
to the facility without acquiring the necessary permits, as
indicated inthe attached drawing marked Exhibit B.
We originally -corresponded with Mr. von Oppenheim in November of
1985 indicating that we had received complaints regarding the work
done on his property without a permit and that we would need him
to stop construction and contact us. The Marine Department's
position was that the dock had been modified without getting the
necessary permits and that Mr. von Oppenhim would either have to
apply for the necessary permits or return the structure to its
original configuration. The Marine Department files reflect that
there have been a number of letters sent to Mr. von Oppenheim from
the department and the City Attorney's office to resolve this
situation.
To date, Mr. Von Oppenheim has moved the whole structure
approximately four feet east of its original location, basically
to resolve a problem with a shore mooring adjacent to the
structure. Other than that, we have been unsuccessful in getting
him to either (1) apply for the necessary permit for the dock
as currently configured, or (2) to return the dock to its
originally permitted dimensions.
To y M u
Tidela ds Administrator
I
PO
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t: r)
U, Z
March 10, 1986
Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
Dear Mr. Oppenheim:
Several months ago you submitted a drawing to our department
indicating the dimensions of the pier and dock bayward of your
residence at 507 Edgewater.
As you know, the pier and.float have been modified on several
occasions in violation of the Newport Beach Municipal Code. These
modifications are causing problems with adjoining tidelands us !rs
and they have contacted- this department in writing and by telephone
to voice their concerns.
As a consequence of the above, we must ask that you- return the dock to
its original permitted dimensions (See original permit attached).
In addition to the above, t-wo problems have arisen regarding the use
of the float bayward of your property. '(1) A vessel moored -at the north-
westerly side of the float is so large that it is creating a problem with
the use of the adjacent shore mooring, and (2) A n�mber of vessels berthed
at the dock and not belonging to you have created a nuisance regarding
parking, noise, vessel waste, and liveaboards.
This is in violation of Section 1.A. of the Harbor'Permit Policies,
which states:
1.A. "Shore connected piers and floats bayward of residential
zoned areas shall be reserved for the occupants of the abutting
upland property and controlled by the Harbor Permittee. Vessels
moored at residential piers shall not create a nuisance with regard
to vehicle parking, vessel waste, liveaboards, or noise disturbances
to adjoining residents."
These problems must be resolved to preclude further action by the
Marine Department.
Please contact me within fifteen days to outline your resolution to
these problems.
Sincerely,
Tony Melum, T delands Administrator
TM:db
CIW I fall - 3300 Newport Botilc%-�ird, Ncwpori Beach, 92663
0
CITY OF NEWPORT BEACH
(A P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
May 27, 1986
Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507
Dear Mr. Oppenheim:
On 3/20/86 1 met -with you and your wife at my office, relative
to the problem at your residential float at 507 Edgewater.
It is.my understanding, based on conversations with adjacent
property owners and.the mooring owner at the -street end, that
these problems haV�6 not been resolved.
In my opinion there are two ways for us to -proceed:
This problem can be submitted to the City Attorney's office
for follow up and the possibility of court action to return
the pier to its permitted location and dimensions and to
achieve co - mpliance with the Harbor Permit Policies, or
2. We will condition the permit as follov-s:
a. . That on the west end, adjacen�t to the street, no
vessel with a beam in excess of 10 feet will be
berthed at any time,
That at the north side of the slip or in the slips,
no vessel longer than 50 feet will be berthed, and
c. That no more than three (3) vessels will be berthed
at this facility at any one time.
Please let me -know your position on the above within 15 days.
Since rely
Tony M, lu
Tidelands Administrator
TM:db
3300 Newport Boulevard, Newport Beach
R EC ENDA
PRINTEDY1-
P()
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Septem . ber 11, 1986 IIC9,>
Tex Von Oppenheim
507 West Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507, fL-:-ility address 507 West Edgewater
Dear Mr. ODpenheim-
Thank you for your letter of August 11, 1986. My recollectlon
of our telephone conversation prior to that date was that you
had agreed to retu"n the dock to its original permitted dimenstons,
excluding the.illejal modifications that you have made to the
existing pier.
Attached you will find two drawings marked "Exhibit A" and
"Exhibit B". �."Exhibit A" represents the permitted di'mensions
of the pier and float * bayward of your resi'dence. "Exhibit B",
Provided by you, represents the illegal modifications made to
your dock. To bring the dock Jnto compliance, please return
the dimensions encircled on "ExhibitB" to their pre -revision
dimenstons as follows: Referring again to "Exhibi't B":
1. The dimension between your'property line.and Lindo Avenue
must be returned from 14' to 301.
2. The overall length of the slip must be reduced from 42�
to 40'.
1
3. That section of the dock which represents'a second slip,
closest to the bulkhead, and encircled in red on the drawing
"Exhibit B" must be removed and returned to its pre -modification
dimensions.
If. you have any questions in this
It is my understanding that these
or before November 11, 1986.
Sincerely,
Tony mel7/0��
Tidelands Administrator
TM: db
regard please call me clt.644-3044,
corrections will be completed on
3300 Newport Boulevard, Newport Beach
3
CITY OF NEWPORT BEACH
Marine Department
December 9, 1987
TO: CITY MANAGER
FROM: Marine Department
SUBJECY: HARBOR PERMIT 113-507 ISSUED TO STEVE (TEX)
VON OPPENHEIM FOR THE PROPERTY AT 507 WEST
EDGEWATER
In 1947 a permit for the property at 507 Edgewater was issued to
Mrs. George Rogers to revise a pier and float bayward of 507
Edgewater. A copy of that original permit is attached and marked
Exhibit A. Over the last several years it appears that the
current property owner, Tex von Oppenheim has made several changes
to the facility without acquiring the necessary permits, as
indicated inthe attached drawing marked Exhibit B.
We originally corresponded with Mr. von Oppenheim in November of
1985 indicating that we had received complaints regarding the work
done on his property without a permit and that.we would need him
to stop construction and contact us. The Marine Department's
position was that the dock had been modified without getting the
necessary permits and that Mr. von Oppenhim would either have to
apply for the necessary permits or return the structure to its
original configuration. The Marine Department files reflect that
there have been a number of'letters sent to Mr. von Oppenheim from
the department and the City Attorney's office to resolve this
situation.
To date, Mr. Von Oppenheim has moved the whole structure
approximately four feet east of its original location, basically
to resolve a problem with a shore mooring adjacent to the
structure. Other than that, we have been unsuccessful in getting
him to either (1) apply for the necessary permit for the dock
as currently configured, or (2) to return the dock to its
originally permitted'dimensions.
M
/L7i
Tony M u
Tidela ds Administrator
PERMIT NO. 11-3
DREDGING APPLICATION
Project Location: 507 Edgewater
Cubic Yards to be Dredged: 203
_Mft_.iod of Dredging: Hydraulic Suction
Nature of -Dredged Material: Sand/Silt
Disposition of Dre dged Material: Place material on-aflacent beach
Method of Material Disposition: Pgm
through discharge pipe to disRosal
fill -area
Turbidity Control Method: Filter screen around discharge site, if needed.
Effect of dredging on contiguous bulkheading and beaches Will restore
depleted beach.
I w-- T.- Harrie hereby state that I have read the U. S. Army
(print name)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
,City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for' maintenance dredging and that I accept all the
provisions therein. Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone,
Nancy Oppenheim Newport Dredging Co.
(Applicant -type name) (Contractor -type name)
5/23/86
(Da te)
Signed: -4 ( L avtm
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Representative
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INSURANCE BROKERS, INC.
March 20th, 1986
Mr. Tony Mellim -- Harbor Dept.
CITY HALL -- NEVv'PORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mr. Melum;
My wife and I own a home and have a dock in front of 501-503 West
Edgewater, Newport Beach, California. You recently met with my
wife, Maryann Miller, to observe a problem of our neighbors prop-
erty -Mr. Oppenheimer. We believe that his address is 505 -507
West Edgewater.
Mr. Oppenheimer has both extended and changed the configuration
of his dock to permit the mooring of more and larger boats. In
our opinion, he has constituted a nuisance and a problem by the
following:
# 1 He has a convercial marina - f ive large boats moored
in front of his house and none of them are owned or
operated and used by Mr. Oppenheimer and his family.
#2 The present configuration of his dock obscures our
view of the bay from our downstairs bedroom. We are
also aware that the Coastal Commission does not like
when the view is obscured from others walking in the
area, and obviously their view is obscured by the
"character boat parade, christmas light parade, etc.
#3 The present configuration of his dock impedes the
ingress and degress of boats entering and leaving
our dock and the channel in front.
#4 The number of boats which are in his conrnercial
marina create a parking problem in the neighborhood.
Many of these boats have parties and guests and when
they all attend on Saturday's and Sunday's it defin-
ately adds to the problem in our neighborhood.
#5 There are two families that live aboard the boats
all suirmer and most of the winter. We question
whether or not these boats ever leave the slip and
consequently whether or not the holding tanks are
emptied into the harbor.
INSURANCE AND CONTR4CT BONDS
18121 IRVINE BOULEVARD . . TUSTIN, CALIFORNIA 92680 714/544-4226
- 2 -
#6 We have checked with you and have found that he
has changed the configuration of his dock with-
out securing a permit.
We live in a very quiet, beautiful area of Newport Beach -directly
on the water and believe that our neighbor has created a verycom-
mercial situation that is not intended for that neighborhood. You
have indicated that if we would forward this letter to you that you
would present it to the Council or othbr'apprcDpriat6'bbdy...'O' secure
corrective action for the above violations. Your proirpt assist-
ance on this matter will be greatly appreciated.
Sincerely,
Len Miller
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COMTRA e7lo
CITY OF NEWPORT BEACH
HARBOR PERMIT
PERMISSION 19 mEf?ray GRANTED TO CONSTRUCT AMID
MAINTAIN THE FACILITY SHOWN ON THE FZEVrrrSE HEREOF,
AT THE SITIE INDICATED, SUBJECT TO THE PRovisioNs or
THE -HARBOR PERMIT POLICIES CF NEWPORT REACH AMID
ANY SPECIAL CONDITIONS I.MTED HEREON. THIS PERM17
IS NOT TRANSFERAELZ %V�TVOUT THE Vir-W,TEN CONSENT Of
THE CITY HARBOR COORDi%'J'W0i'l OCR CITY COUNCIL. TW
ftIGHTS OWEN UNDEP 7203' PERN"T ARC PERSVSSIVE ONL%
AND THIS PERMIT MAY r -C U."EVOKED CY THE CITY COUNCIL
IN ACCORDANCE WITH TITLE 17 OF THE MUF4�'�%FAL CODE.
CITY HARPOR 7CUUMNA�OR
PERMIT NO. DATE
SPECIAL CONDITIONS:
COrPs Of Engineers pern*
Orl�nge Ccur* Pirmit
Other ov-x, f 7'e
PERMIT ISSUED SUEUECT To
DREDGE MATERIAL BEIM
HAULED To SEA
PLACED ON C zAC+I
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
May 27, 1986
Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507
Dear Mr. Oppenheim:
On 3/20/86 1 met with you and your wife at my office, relative
to the problem at your residential float at 507 Edgewater.
It is my understanding, based on conversations with adjacent
property owners and the mooring owner at the street end, that
these problems have not been resolved.
In my opinion there are two ways for us to -proceed:
1. This problem can be submitted to the City Attorney's office
for follow up and the possibility of court action to return
the pier to its permitted location and dimensions and to
achieve compliance with the Harbor Permit Policies, or
2. We will condition the permit as follows:
a. That on the,west end, adjacent to the street, no
vessel with a beam in excess of 10 feet will be
berthed at any time,
b. That -at the north side of the slip or in the slips,
no vessel longer than 50 feet will be berthed, and
c. That no more than three (3) vessels will be berthed
at this facility at any one time.
Please let me know your position on the above within 15 days.
Sincerely,
Tony, Zlu
Tidelands Administrator
H W1 am;
3300 Newport Boulevard, Newport Beach
N
LLE R
1"LV,X1 L
AND ASSOCIATES
July 9, 1986
Mr. Tony Melum-Harbor Dept.
City Hall, Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mr. Melum-
My letter of March 20, 1986 was "answered" by you June 16, 1986
and did not address the concerns outlined. We are not chronic
complainers - this is our first problem with the City of Newport
Beach as we believe that we constructed a custom home in a resi-
dential area, not in a commercial neighborhood.
None of the boats at the neighbor's dock are owned or used by him.
It is a total commercial situation. His re -building of the dock
changes the angle of entry to ours etc., etc. Please reply spec-
ifically to each of the six items in our letter of March 20 and
advise the city's position on these matters.
Sincerely
C:
Len Miller
LM/rsm
cc: Letter of 3/20/86
Reply of 6/16/86
Phillip Maurer, Mayor
Ruth Elyn Plummer, Mayor Pro -tem
Robert Wynn, City Manager
Donald Strauss, City Council Member
Evelyn Hart, City Council Member
Jackie Heather, City Council Member
Bill Agee, City Council Member
John C. Cox, Jr., City Council Member
INSURANCE AND CONTRACT BONDS
18121 IRVINE BOULEVARD TUSTIN, CALIFORNIA 92680 714/544-4226
//.!", �Sor -1
CITY OF NEWPORT BEACH
Mari ne Department
July 15, 1986
TO: CAROL KORADE, ASSISTANT CITY ATTORNEY
FROM: Marine Department
SUBJECT: HARBOR PERMIT 113-507 IN THE NAME -OF STEPHEN G. OPPENHEIM
Carol, sometime in late 1985 the above listed permittee modified hi s
pier -And float in violation of the Municipal Code. His violation
consisted of failure to obtain a permit for the modification of the
dock. We corresponded with the permittee as indicated by the
attached -two letters, and he has not responded -sufficiently to
our requests.
Basically, I think Mr. Oppenheim's modus operandi is to call us and
say he will resolve the situation, and then wait for us to go away.
I have received some correspondence from adjacent property owners
and adjacent mooring permittee, and both are attached for your
information.
Our situation now is that we would like to have your office assist
us in contacting the permittee requiring th.at he (1) return the pier
and float to its earlier and permitted configurations, and (2) he
cease to operate his residential float as a commercial marina, which
is in violation of the Municipal Code and the Harbor Permit Pol.l.cies.
Please give us whatever assistance you can. If you need to give me
a call I will be available.
Tony Me7m./f-/
TM:db
Dear Mr. Oppenheim:
It has come to the attention of this off ice ha t two
violations of the Newport Beach Municipal Code exist—in regard to
your dock and pier at 507 Edgewater. The first violation: i,.s' the
failure to obtain a permit for the modificat-ion of the dock.' The
second violation, which is also a vidlation of �Harbor 'Permit
Policies, is the operation of the residential jloat as a
commercial marina.
In an effort to resolve these problems, an office
conference has been set for July 28, 1986 at . 4:00 P.M. ' Failure
to appear as scheduled or to provide proof of compliance on or
before July 25, 1986, will result in this of f i eel, taking
appropriate legal action.
Ver truly yours,
Carol A. Korade
'Assistant City Attorney
CAK/HM/jc
CC: Mr. Tony Melum, Marine Department
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mr. Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
(714) 644-3131
July 23, 1986
Re: Harbor Permit 113-507
Dear Mr. Oppenheim:
-7
The office conference previously scheduled for July 28,
1986 at 4:00 P.M. has been rescheduled at your request. The new
date is August 5, 1986 at 4:00 P.M.
Very truly yours,
L(
n
Law Clerk
HM/ i c
cc: Mr. Tony Melum, Marine Department
3300 Newport Boulevard, Newport Beach
#6. 1 believe thts problem has been answered above. However, I will
reiterate that we are worki'ng with the City Attorney and will have
Mr. Oppenheim return his dock to its origi'nal confi,guration as quickly
as possible.
I hope this answers your questions. In the future, if you have additional
problems with your neighbor, please contact us at 644-3044.
Sincerely,
Tony Melum, Tidelands Administrator
TM:db
July 28, 1986
Len Miller
18121 Irvine Boulevard
Tustin, CA 92680
Dear Mr. Miller:
CITY OF NEWPORT BEACH
I am In receipt of your letter of July 9, 1986 and apologize for
not responding speciftcally to those six problem areas described
in your letter of March 20, 1986.
I would be glad.to respond to those individually, but let me preface
my -response by saying that within the last week we have turned this
matter.over to the City Attorney's office for follow-up enforcement.
as we have been unable to get any cooperation from Mr. Oppenheim,
and I am confident that i'n worki'ng with the City Attorney's office we
will be able to got this matter resolved.
In regard to your six areas of concern:
1. There is no speci,ftc.prohi,bition in the Municipal Code or fn
the Harbor Permit policies for the moortng of vessels, at your
dock that are not your own, If they are legally moored. There ft,
however, a prohibition against creating a nuisance as far as that
mooring goes, to the adjacent property owners. We are addressing
thts with the permi'ttee.
2. Mr. Oppenheim's dock has been moved in violation of the Harbor
Permit Policies, since he. dild not obtain a permit. It I s my opinion
that by forcing him to bring it back to its original configuration
we will.not solve the problem you describe in #2, nor will it solve
the problem of #3, but since ft has been illegally moved, it wtll
be returned.
4. 1 believe this has been answered in #1. Again, there i's no specifi.c
prohtbi'-tton against allowing others to use your residenti-al float,
However, there must be no nutsance created relative to adjacent property
owners, and we are addressing this.
5. It is my understanding through the property-- owner, -'and -through
investigations of the.Harbor Department that people are no longer livtng
aboard the boats at Mr. Oppenheimis dock. If that is not the case, please
contact us agai'n, but based on your statements in #5, 1 believe that
thi's problem occurred last year, but ts not now -occurring.
City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Mr. Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
(714) 644-3131
July 30, 1986
Re: Harbor Permit No. 113-507
Dear Mr. Oppenheim:
The office conference previously scheduled for July 28,
1986 at 4:00 P.M. has been rescheduled for August 13, 1986 at
8:00 A.M. Failure to appear as scheduled or to 'provid� proof of
6-o'mpliance on or before August 8, 1986, will resul t in this
office taking appropriate legal action.
VeTv truly yours,
CLk
Carol A. Korade
Assistant City Attorney
CAK/ i c
cc: Mr. Tony Melum
3300 Newport Boulevard, Newport Beach
P
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
September 11, 1986
Tex Von Oppenheim
507 West Edgewater
Balboa, CA 92661
Re: Harbor Permit 113-507, facili,ty address 507 West Edgewater
Dear Mr., Oppenheim:
Thank you for your letter of Au
gust 11., 1986. My recollection
of our telephone conversation prior to that date was that you
had agreed to return the dock to its ori'ginal permitted dimensi,ons5
excluding the illegal modifications that you have made to the
existing pier.
Attached you will find two drawings.marked "Exhibit A" and
"Exhibit B". "Exhibit A" represents the permi'tted dimensions
of the pier and float ' bayward'of your resi'dence. "Exhibit B",
provided by you,, represents the i'llegal modifications, made to
your dock. To bring the dock.tnto compliance, please return
the dimensions encircled on "Exhibit.B" to their pre-revi'si,on
dimensions as follows: Referring again to "Exhibit B":
1. The dimenston between your'property line.and Li,ndo Avenue
must be returned from 14' to 30�.
2. The overall length of the slip must be reduced from 421,
to 40'.
3. That section of the dock which represents'a second slip,
closest to the bulkhead, and encircled in red on the drawi - ng
"Exhibit B" must be removed and returned to its pre -modification
dimensions.
If you have any questions tn this
It is my understanding that these
or before November 11, 1986.
Sincerely,
/Oy��
Tony Me7l
Tidelands Administrator
TM: db
regard please call me At 644-3044,
corrections will be completed on
3300 Newport Boulevard, Newport Beach
113- ->b 7
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
November 13, 1985
Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
Dear Mr. Oppenheim:
In early October, 1985, thi's department received a complaint
regarding your harbor permit at 507 Edgewater.
Specifically, the complatnt was that work was bei'ng done on your
residential dock and float in violatton of Secti'on 17.24.010 of the
City of Newport Beach Munici'pal Code, whAch states:
17.24.010. "Permit Requi'red for Constructi'on or Alteration.
No person or agency shall'build, ma.intain,.extend or make
structural alterations on any building, pier, pi'ling, bulkhead,
sea wall, breakwater, or other structure i'n, upon or over the
waters of Newport Harbor or the Pacifi%c Ocean.or any other water
where the tide ebbs and flows withi'n the Ci'ty, or do any ftlli'ng
excavating.or dredgtng in said waters or ocean., without fi'rst
obtaining a written permit to do so -from the Cfty. (Drd 1099
(part), 1964: 1949 Code § 10400(a)."
The Marine Department contacted the contractor doing the. work,
Bay Marine Construction. They stated that they had been told by
you that you would get the permit for the work.
This type of work, if approved, requires a permit from the Ctty of
Newport Beach, the California Coastal Commi.ssion, and the Army Corps
of Engineers. Attached please find a copy of your harbor permit. This,
represents the approved dimensions of the structure over state property.
If your structure does not conform to these dimensions, and a permit
for the changes has not been procured, the structure either must be
returned to the permitted dimensions or it may be removed.
Please contact this department within the next ten (10) days to
precludd further action.
Sincerely
Tony/el
M m
Tidelands Administrator
TM: db
3300 Newport Boulevard, Newport Beach
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March 10, 1986
Stephen G. Oppenheim
507 Edgewater
Balboa, CA 92661
Dear Mr. Oppenheim:
CITY OF NEWPORT BEACH
Several months ago you.submitted A drawing to,our department
indicating the dimensions of the pier.and:dock bayward of your
residence at 507 Edgewater.
As you know, the.pier 11 and.float h4�ve been modified on several
occasions.in violation of the Newport Beach Municipal Code. These
modifications are causing problems with adjoining tidelands users
and they have contacted -this department in writing and by telephone
to voice their concerns.
As a consequence of the a.bove,:we must ask that you -return the dock to
its original permitted dimensions (See original permit attached).
In addition to the above, two.pr . oblems have arisen regarding the use
of the float bayward of.your property. '(1)�A vessel -moored -at the north!-.
westerly side of the float is so large that it is creating a problem with
the use of the adjacent shore.moori . ng3,, and,.(2) A number�of vessels berthed
at the dock and not belonging to you have.createda nuisance regarding
parking, noise, vessel,waste, and liveaboards.
This is in violation of Section 1.A. of the Harbor:'Permit Policies,
which states:
1.A. "Shore connected piers . and floats-bayward of residential
zoned areas shall be rese . rved for the occupants of the abutting
upland property and controlled by the Harbor Permittee.. Vessels
moored at residential piers shall not create -a nuisance with regard
to vehicle parking, vessel waste, liveaboards, or noise disturbances
to adjoining residents."
These problems must be resolved to preclude further action by the
Marine Department.
Please contact me within f/iftpen days to outline your resolution to
these problems.
allvll low/ -
Sincerely, I ,e� 1,
/Itl
Tony �M�ellumm, �T�d�elandsAdministrator
TMidb
City Hall - 3300 Newport BouleN,ard, Newport Beach, California 92663
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AUGUST 11, 1986
507 WEST EDGEWATER
NEWPORT BEACH CA 92661
MR. TONY MELUN
TIDELAND ADMINISTRATOR
70 NEWPORT PIER
NEWPORT BEACH CA 92663
DEAR MR. MELUN-
WITH REFERENCE TO OUR RECENT CONVERSATION
CONCERNING A FOUR -BOAT DOCK LOCATED AT 507 WEST
EDGEWATERI NEWPORT BEACH. THIS PROPERTY AT
PRESENT IS OWNED BY ME AND MY WIFE. PRIOR TO
OUR OWNERSHIP, IT BELONGEDTO MR. ROGERS, A
BUSINESSMAN"WHO CREATED THE NEWPORT BAY.
THIS IS TO CONFIRM OUR UNDERSTANDING AS FOLLOWS:
BEFORE NOVEMBER Ir, 1986) 1 WILL MOVE MY DOCK
FOUR FEET PARALLEL TO THE SHORE AND IN THE
DIRECTION OF THE PAVILION (APPROXIMATELY EAST).
PLEASE DO NOT HESITATE TO CALL ME IF YOU HAVE
ANY FURTHER QUESTIONS.
SINCERELY YO
TEX VON OPF/ENHEIM
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CITY OF NEWPORT BEACH
March 16, 1981
Stephen G. Oppenheim
1227 North La Cienega Blvd.
Los Angeles, CA 90069
Dear Mr. Oppenheim:
The Newport Beach Marine Department has received a complaint regarding
landscaping in front of the,property.at 507 Edgewater. Specifically,
the complaint is that the landscaping is not being maintained, and is
growing over into the street end at Lindo Avenue, reducing the use,of
the beach there.
The above is in violation of the City Council Policies, L-7, which
state in part:
L-7 2. b. "Landscaping and park -like improvements in the re-
maining portion of the right-of-way (between the sidewalk and the
bulkhead) shall be allowed if installed and maintained by the ad-
joining property owner. Private improvements such as fences, gates,
signs, and living areas shall not be allowed."
This situation must be corrected to preclude further action by the
City. If you have any question in this regard, please call 640-2156.
Sincerely,
Tony Melum
Tidelands Administrator
TM: db
CHN, I lall - 3300 Newport Boulevard, Newport Beach, California 92663
C�O-Y L&X
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TO:
F ROM:
SUBJECT:
Recommendation
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
June 9, 1980
MAYOR AND CITY COUNCIL
Marine Department
ITEM NO: H-14
HARBOR PERMIT APPLICATION NUMBERS 116-1100, 110-1212,
113-507, 135-82
If desired, approve the maintenance.dredging applications.
Discussion
q
The applications require City Council approval under the conditions of approval
placed on the City of Newport Beach general permit for maintenance dredging
issued by the U. S. Amy Corps of Engineers, on February 12, .1974, and subse-
quently amended on May 10, 1977, to allow beach restoration. The locations and
applicants forthe proposed dredging.and beach restorations I are:
116-1100 1100 W. Bay Avenue Stephe Barnard
110-1212 1212 E. Balboa Blvd. W. F. House, M. D.
113-507 507 W. Edgewater Nancy Oppenheim
135-82 #10 Beacon Bay Beacon Bay Association
The staff has reviewed the projects and has determined that the work will be done
within the parameters of the Corps of Engineers permit. The dredging contractor
will place a filter screen around the discharge site to control turbidity. There
is no known eel grass in the vicinity of the projects.
The dredged materialwill be placed onadjacent beaches. This.will aid in the
restoration.of beaches bayward of private residences.
D. HARSHBARGER, DIRECTOR
MARINE DEPARTMENT
Tony 7eliulf�/�
Tidelands Administrator
TM: ak
!DITY OF NEWPORT BEAC!
HARBOR PER&P-11T
PERMISSION IS HEREBY CRAHITED TO l*,0kl5--TrUCT AMr
MAINTAIN THE FACILITY F�ROV.."N 0�, HEREOF.
AT THE SITE V43 il"L'CIVSiGNS GC
THE HAROWN' N AH;`�
ANY SP-'--- I.AL C G a PF
IS NOT f �s
ENTO:
T H E C I TY 11 A .-e Le f: 74 C? L. TH
RIGHTS GWEN UNL4F.I�", TE_� ONL�i
AND THIS PEF-WHT 00AV KinWOKED '-"Y THIL-, CVi'Y COUNCIL
IN ACCORDANCE WITH TETLE 17 OF THE MUWC,PAL CODE.
CITY HARBOR COORDINATOR
15- ZS_0 7 6-10-90
PERMIT NO. DATE
SPECIAL CONDITIONS:
Corps of Ems;neers, Faennil
Z.�
Orange Coullty Permit
Oti-Aer: 6 'if -go
_1NP4__
PERMIT NO.
I
.1 DREDGING APPLICATION
Project Location: 507 W. Edgewater
Cubic Yards to be Dredged: 200
Method of Dredging: Hydraulic Suction
Nature of Dredged Material: Sand/Silt
Disposition of Dredged Material: Place material,on adjacent beach
Method of Material, Disposition: Pump through discharge pipe to
disposal fill area
Turbidity Control Method: Filter Screen around discharge site
Effect of dredging on contiguous bulkheading and beaches
Will restore depleted beach
Ir Wm. L. Harris hereby state that I have read the U. S. Army
(print name-)
Corps of Engineers permit for maintenance dredging in Newport Harbor, the
City of Newport Beach and Orange County Harbors,Beaches and Parks District
(if applicable) permit for maintenance dredging and that I accept all the
provisions therein. -Additionally I guarantee that the proposed dredging
will not occur because of any altering of existing use of the affected
zone.
Nancy Oppenheim
(Applicant -type name)
4/15/80
(Date)
Shellmaker, Inc.
(Contractor -type name)
Signedj4mf AAA
Cori -tractor I s
Representative
� / - 5D -7
1g3
CITY OF NEWPORT BEACH
October 30, 1979
Mr. Stephen G. Oppenheim
7011 Sunset Blvd.
Los Angeles, CA 90028
Dear Mr. Oppenheim:
The Newport Beach Marine Department has received a
complaint regarding the use of your residential float at
507 W. Edgewater. Specifically, the complaint is that the
float is being used in violation of Sections 1A and 4K of the
Newport Beach Harbor Permit Policies which states:
"1A. Shore connected piers and floats bayward of
residential -zoned areas shall be reserved for the
occupants of the abutting upland property.`
"4K. In those areas of the harbor where the piers
and floats are bayward of residential zoned areas
and are reserved for the occupants of the abutting
upland property, liveaboards shall not be permitted."
To resolve this problem, the vessels creating the
problem must be removed and liveaboards must not be permitted.
If you have any questions, please contact me at 640-2156.
Sincerely,
A
Tony Melum
Acting Tidelands Administrator
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City Mail a 3300 Newport Boulevard, Newport Beach, California 92663
All
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113 - f:
October 30, 1979
CHTY 0
Mr. Stephen G. Oppenheim
7.011 Sunset Blvd.
Los Angeles, CA 90028
Dear Mr. Oppenheim:
The Newport Beach Marine Department has received a
complaint regarding the use of your residential f1loat at
507 W. Edgewater. Specifically, -L-.he -complaint is that the
float is being used in violation oil Sections !A and 4K of the
Newport Beach Harbor Permit Policies which st-a-L'.&S".
1'1A. Shore connected Diers and floats baywar6 of
residential -zoned area� shall be reserved for the
occupants of the abutting upland property." -
"4K. In those areas of the harborwherle the piers
and floats are bayward of residential zoned areas
and are reserved for the occupants of the abutting
upland property, liveaboards shall not be permitted."
To resolve this problem, the vessels creating the
problem must be removed and liveaboards must not be permitted.
If you have any questions, please contact me at 640-2156.
Sincerely,
Tony Melum
Acting Tidelands Administrator
TM: mw
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`00 Ncm-poi-t BoLilevard, 52C
CITY OF NEWPORT BEACH
MARINE SAFETY DEPARTMENT
RECORD OF ORAL INFORMATION
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Address: jzce'" Telecon
TO: C't- 4z 4 /
No, IN'IT. DATE
M.8 DIRECTOR
ASST.DIRECTOR
SECRETARY
Div. :
SUBJECT:
Outline of Information received
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3300 Newport Boulevard Newport Beach, California 92660
MARINE DEPARTMENT 714/673-2110
August 23, 1974
Mr. Stephen G. Oppenheim
1227 N. La Cienega Blvd.
Los Angeles, California 90069
Dear Mr. Oppenheim:
On August 21 the Marine Department, in response to a
complaint, inspected your pier and float facility at
507 Edgewater Avenue. A check with the State Depart-
ment of Motor Vehicles has determined that at least
four boats tied to your float are registered to persons
not residing at the above address.
Section l(a) of the City Council's Harbor Permit Policies
states: "Shore connected piers and floats bayward of
residential zoned areas shall be reserved for the occupant
of the abutting upland property". Therefore, you are
requested to bring your facility into compliance with
the Harbor Permit Policies.
If you have any questions, please contact me at 673-2110,
ext. 291.
Very truly
-"G
1 E. Welden
Tidelands Operations Coordinator
Marine Department
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Mr. Stephen G. Oppenheim
.1 "1 21;1 -N v , I - 1, =L. LL&UL"Uxa-
4.86
Dear Mr. Oppenheim:
On August 23, a letter was sent to you requesting that you bring
your pier facility 'into: compliance with Section 1 (a) of the
Cityls Harbor Permit Policies. which.states:
residential -
Shore connected piers and f1oazs bar-7ard of
zoned.areas,shall be reserved'for the occupants of the
abutting upland, propertyll.
To date we have not received a respo-il-se to the above request.
Section 17.24.090 of the C I ity"s -o.u-,j.c--pal Code titled :,levocation
of Permit - A. Ground for Revocation states-.�
"Any�permit heretofore or hereaftergrarited for any structure
or,work in the Waters of Newport Harbor or the Pacific Ocean,
may . be.revoked by -the !City Council upon any of the following
grounds'.'.; Paragraph -7 of.this section reads: "The permittee
has breached or faile4 to comply with the terms or conditions
contained, in the permit or upon which the permit was granted".
Voluntary.compliance with the Harbor Permit Polices and with this
request will alleviate further action by the City. you may con-
tact me regarding this matter at (71.4) 673-2110, ext. 291.
Sincerely,,
Glen E. Welden
Tidelands Operations Coordinator
Marine Department
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