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Home My WebLink AboutM2004-0080IU/ Iq/ U1 00L-24, "no 20DI 10;aa rAA I :42PM, 040 zal 4400 IKUDI XUAL r101111in c ESCROW 9496443938 No.2461 0. UU;) P - 4/5 ,,,!REEDOM 1/ 7 ", 7d� o Z HARBOR PERAff TRANSFER APPLICA TION Date'of Applicaton: P Mit U mber: /M Prop' e"rty Address: Pain an dDiana 4 Buyer's Names. Jan4ci)e Palm Billing Address: 1607 lAighlend Newport teach, CA 92660 Telephone No,',' Buyer's Signatures: Woe Seller's Names: Wells Fargo Bank as Trustee (Dietrich Trust) Seller's SIgnatur.04 joint Owner S.Ignature: Escrow Company: Fieedom EscrvW --audy Teel,, escrow.no. 36354-T Escrow Number: 949/644- 3939 Fax 0: 94916.44J938 JinspRctlon Datq: ReInspectlon Date: Fee AmouMt: bate Paid, —/0 z CP A'!r�. N ber* 2 1 14 1-.*� t Application Appeoved- Z4 �t PF66r ReVo'Corvag ftVEfurelDefe specialCondXons: ThIspermit Is Mvocabls by the City CQuncil - In accotdanca wiff Titis 17 of the Newport Beach Ma'nicipal Code. 6 N A M 0 RET41 UR N Oct .24. 2001 - I :38P.M, AFREEDGM. ESCROW, 9149640938 7 74� e Z No , 2460 P. 4 HARBOR PERWT TRANSFER APPUCATION Date.of Applicaton: Peomit Number,- Propert� Address: Buyer's Names.: jan4rijt,`Pajz ari dDiane Palm Billing Address: 1607 Iii.ghimid NewWrt 8e6ch, cA 9266o v/Telephone No.: /A/Buyer's Signatures: Wells Fc-Irgo Bank aS Trustee (T)ietrich Trust) Seller's Names; Seller's SlgnaturesK Joint Ow.ner S.Ignature: --Judy Trge, Escrow Co'mpany; 1, escrow.noi 36354-T Escrow Number: 949/�44, 39j9 FaX M 949/644- ICjIA Insppction Datlp': Rein.spection Date: Fee Amount: bate Paid: Check Numbe.r". Application Ap'prbved: Harbor, Resources SIgnaturolDate Special Conditions; This, permit Is revocable by the City Council, In acoordance with. Me 17 of the Newport, seeich Municipaf Code. CITY OFNEWPORT BEACH C I TY OF NEWPORTSERCH UPPER BRY BRY '�)RC2-pC PIER occ8N VICINITY HRP imy PRON LE 11 JO' NNW wro avyum MMINGS FIRE -EXPRESSED - IN fEET FM DENOTE El_.EvRTIONS 39ED ON MERN LOPCR 0W WRTER. & Z f 6 3' "e Ll 4f EEL GRASS INSPECTION NO EEL GRASS WITHIN 15'OF PROJECT EEL GRASS IN THE PROJECT AREA JL L SIGNATURE 70AI PERMIT# DATE 10V q HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH. Vi PLM,:,.V.1 L FPPLICRNT'S WE JOB RDDRESS 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 system. Install new 45'x 8'float, 3'x 24'gangway, 10'x 14'pier, (1) 16" pile, (1) 14" pile and (2) T -pile. Address number must be stenciled on 1 bayward facing pile. jPier conditions must be signed by applicant prior to final approval. I Property Address: 1104W.BayAve. I Legal Description: I Harbor Permit Number: 116-1104 IPlan Check Number: 1839-2004 1 - jApplicant: Jan Eric Palm Applicant's Mailing Address: 1104 W. Bay Ave, Newport Beach, CA 92661 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find )sCThey 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. See attached conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources Signature: (141 Chris Miller, Harbor Resources Supervisor July 30, 2004 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 NOV-2-2004 11.39 FR0M:SWIFTSLIPDQCK.00M July 30, 2004 C949) 631-31PP TD:7157672 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pler Permit Conditions Property Address. 1104W.BayAve. P-2 fe'ah-, With reference to the plans currently under con siderafion to reconfigure or modify the dock system, the following conditions willnow be in effect on the above referenced pier - 1 - The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport BeachMunicipal Code. The pier permittee understands that the above referenced pier is under the purview of these policies and codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any oMer applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document -pertain to the current, proposed dock system under consideration. Any future modifications oralteraflons to the dock system may require new conditions which may overeide or change these conditions. 4. Only marine oriented uses are allowed on the pier, pier platform. gangway and float. Patio furniture, plants etc ... are not permitted. 6. Your side propterty lines extend in the water along their same bearing. The western most prop" line extends exactlly parallel to the eastern most property 4ine. 6. A vesseil may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie on the westernmost side of the floatis 19". 8. The maximum beam of a vessel that is permitted to side fie on the easternmost side of the float is 8'. ho' I, V 11AY I Zlq Chris Miller, Harbor Resources Supervisor ,0,— -'?, -,;; " � — ': 5 e— '� 9^ Z- �gc- ptw-yn AerAp7plfcant Signature (if applicable) Print Name CITt':80 i'o Lo ^0W HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions July 30, 2004 Property Address: 1104W.BayAve. With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these policies and codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. The western most property line extends exactly parallel to the eastern most property line. 6. A vessel may not extend beyond the end of the fingers by more than the width of its beam. 7. The maximum beam of a vessel that is permitted to side tie on the westernmost side of the float is 19". 8. The maximum beam of a vessel that is permitted to side tie on the easternmost side of the float is 8'. Signature: Chris Miller, Harbor Resources Supervisor Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name WORKSHEET FOR BUILDING / FIRE PERMIT APPLIWNR RESOURCES DIV,,,,,,,, CITY OF NEWPOR`T'�:!�OACH CITY OF NEWPORT BEACH P1 FARF: PPINIT nP TYPF: BUILDING DEPARTMENT 1. PROJECT ADDRESS (NOT MAILING ADDRESS) /#� wo SA:�z *'le— - FLOOR SUITE NO. LEGAL DESCRIP TION No. UNITS LOT BLOCK TRACT LIC. NO. 2. DESCRIPTION OF WORK ke'W CV -e e!�,< t 554 #1 —LISE Yn OP r- �,9+7'-_ rlo+-r. 3 L( 6a: wefiri,, olx i t,,, Wee # OF STORIES VALUATION $ NEW ADD F-I ALTER DEMO E] SQ FT (NEW/ADDED/EXTG) Check ADDrODriate Box F1 3. OWNER'S NAME /-) LAST 'I FIRSTt P/+Zl e�_� e7 "', / OWNER'S A7 _7' S E-MAIL ADDRESS CITY STATE ZIP C4-- PHONE NO. P( r-1 4. ARCH ITECT/DES IGN ER'S' NAME LAST FIRST LIC. NO. ARCH ITECT/DES IGN ER'S ADDRESS ARCH ITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. 5. ENGINEER'S NAME LAST FIRS STATE LIC. NO. ENGINEER'S ADDRESS Z'5_00 vil N ENGINEER'S E-MAIL ADDRESS C STATE ZIP PHONE NO. 5/0 -rye F� 6. CONTRACTPR'S N� BUSINESS LIZ7. STATE LIC. -Class CONTRACTQT ADDRP C ONTRACTOR'S E-MAIL ADDRESS CiTt STATE > OFFICE USE ONLY TYPE OF CONSTRUCTION PERMIT NO. PLAN CHECK NO. OCCUPANCY- GROUP PLAN CHECK FEE $ PLAN CHECK ENG. rullllbX0luq_2dpplludLlun lu-10-V4 ITLP-) 04 X_q.) Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be subinitted.Lor 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 identit7ing eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218. * Required Information Site Name: * 1104 West Bay, Newport Beach, CA (common reference) Survey Contact: * Beth Swift, Swift Slips, (949) 631-3121 (name, phone, e-mail) Permit Reference: Coastal Commission and ACOE Permits Pending (ACOE Permit No., CCC Permit No.) Hydrographic System: Developed Harbor (bay, estuary, lagoon, or harbor) Specific Location: 1104 West Bay, Balboa Peninsula, Newport Beach, CA (UTM, Lat./Long., datum, accuracy level, attach electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelgrass was found at this site. X No, Eelgrass was not found at this site. Description of Dock Renovation Permitted Work: (describe briefly the work to be conducted at the site under the pen -nits identified above) Description of Site: Depth range: Water depths range between (describe the physical and approximately — 0.3 to — 8.0 feet biological conditions within MLLW the survey area at the time of the survey and provide Substrate Sediments were silts and sand. No hard insight into variability, if type: substrate observed on the bottom with known. Please provide units the exception of the sides and for all numerical undersides of boat docks and pilings. information. Temperature: Water temperature was in the 65- 68 degree Fahrenheit range. Salinity: Salinity variable, from 20s to 35 ppt I depending on depth and the time of year. Dominant Enteromorpha sp. (green algae) flora: � comprised the dominant flora. Dominant The round sting ray (Urolophus hafleri), -fauna� topsmelt (Atherinops affinis), bay goby (Lepidogobius lepidus), barred sand bass (Paralabrax nebulifer), sea squirts (Styela plicata), and ectoprocts (Zoobotryon verticillatus) were observed. Exotic No exotics were observed. species encountered: Other site description notes: Description of Survey Survey date The survey took place on July 23, 2004 Effort: and time at 1130 in the morning. (please describe the surveys period: conducted including type of survey (SCUBA, remote video, etc.) and survey Horizontal Water visibility averaged 3 to 6 feet methods employed, date of visibility in durina the survey. work, and survey density water: (estimated percentage of the bottom actually viewed). Survey type The underwater survey was Describe any limitations and methods: conducted using SCUBA. Transects encountered during the were swam approximately, every 2-3 Survey efforts. meters along the shoreline out to the pierhead line. Transect visual width was approximately 3-6 feet (1.5- 3 feet on each side of the divers). Bottom type, common marine life, and the presence or absence of Zostera marina was noted. Depths were standardized to Mean Lower Low Water (MLLW) based upon time of observation and tidal corrections for the Newport Bay Entrance Channel NOAA tidal survey station. Survey The survey was conducted by Mr. personnel: Stephen Whitaker, Senior Marine Technician, of Coastal Resources Management. Survey The total project area size within the density: Area of Potential Effect was 2,800 square feet (including buffer areas). Survey Boat traffic was the only limitation. limitations: Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/20/03) 1Z A CITY OF NEWPORT BERCH CITY OF NEWPORT BERCH BRY ILK BRY kv -ZE 1:'RCjF-ZC 0 Z7*% W W:ST VICINITY HRP JEM mm W, aLuum 0 ( oil "'� I PF40F ILE I aO' EF 720,04 r4l e r, e EEL GRASS INSPECTION NO EEL GRASS WITHIN 15'OF PROJECT EEL GRASS IN THE PROJECT AREA -W ',fornla Coastal Commissio, C st 13111trict office ?RO Lr 0"I SIGNATURE 170m in 0 PERMIT # DATE ------ 10 411A T- �EMVE HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH PLAN V;EW IN =2D' FMIUW'S W V4;..l JOB RDDFESS W, STATE OF CALIFORNK,-- THE RESOURCES AGENCY ".4 CALIFORNIA . COASTAL COIVIIVII�SION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Pa, / n-\ ARNOLD SCHwARZENEGGER, Governor —1 i"�' C�::'40 Date: November 30, 2004 Permit No. 5-04-330 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 29, 2004 and was reported to the Commission on - Thursday, November 18, 2004 — 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 4 Executiv Director B v. y:URI'INDA OWENS Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION Permit Application No. 5-04-330 South Coast Area Office 200 Oceangate, Suite 1000 Date: October 28, 2004 Long Beach, CA 90802-4302 Page 1 of 6 (562) 590-5071 Th 3f ADMINISTRATIVE PERMIT APPLICANTS: Jan -Erik Palm PROJECT DESCRIPTION: Remove and replace existing dock with a single finger 8' x 45' dock; 3'x 24' gangway; one 16" diameter pile and one 14" diameter pile and replacement of existing pier and landing (10' x 14' and 4'x 5'). In addition, the proposed project includes two new 14" diameter "T" piles. PROJECT LOCATION: 1104 W. Bay Avenue, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, November 18, 2004 9:00 am Sheraton Los Angeles Harbor 601 South Palos Verdes Street San Pedro, CA - 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 DEVELOPMENIL YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. PETER DOUGLAS Executive Director By: Laurinda R. Owens Title: Coastal Program Anal�st 5-04-330-[Paim] Administrative Permit Page 2 of 6 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permiftee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation, Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permiftee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages four to six. EXECUTIVE DIRECTOR'S DETERMINATION (co The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Proiect Descriotion The subject site is located at 1104 W. Bay Avenue in the City of Newport Beach (Exhibit #1). Single- family residences characterize the subject site and the surrounding area. The proposed project (Exhibit #1) involves the following: removing and replacing the existing floating dock and associated structures with a new dock and associated structures consisting of: one (1) 8' x 45' finger; a Tx 24' gangway; and two (2) concrete piles (14" and 16" diameter). In addition, the project includes a new 10' x 14' pier and 4' x 5' landing and two 14" diameter "T" piles. All proposed new piles will be composed of concrete. The proposed materials for the dock will consist of Douglas fir for the framing and TREX composite for the new decking. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. The site hne nn h..n f�r 1�n#d 0—f— � — — UC4-;-- hasnot been Lll�i�lWi�U CA pl�,-%.Vnstr Liull %aclulullia taxilfolia survey must be conducted. These eelgrass and Caulerpa taxilfolia surveys are valid for a 5-04-330-[Paim] Administrative Permit Page 3 of 6 limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxiffiblia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any eelgrass or Caulerpa taxilfolia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. Coastal public access is available approximately 80 feet northwest of the site at the Via Orvieto street end. Coastal public access is available one lot east (approximately 42 feet) of the project site at the terminus of 11 'h Street. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicants have applied for a permit from the U.S. Army Corps of Engineers. B. Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. Water Qualitv The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into ,,coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, :but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. Local Coastal Program The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on 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 Progra� that is in conformity with the provisions of Chapter 3. E. California Environmental Quality Act (CEQA) A ' s conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and consistent with the requirements of the Coastal Act to conform to CEQA. 5 -04 -330 -[Palm] Administrative Permit Page 4 of 6 S-3 rPEVAL--G0 ND ITI[ON S 1. Water Quality , A. Construction Responsibilities and Debris Removal (1) No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (2) Any and all construction material will be removed from the site within 10 days of completion of construction. (3) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (4) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (5) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (6) Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs underwater that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate - free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a - All trnqh rpoyclables, nnrl h_q7_nrHr-m4z %Alf3cfoc r%r nn Onfini %Ainf�r including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will 5 -04 -330 -[Palm] Administrative Permit Page 5 of 6 be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Oil absorbent materials shall be examined at least once a year and replaced as necessary. The applicant will recycle the materials, if possible, or dispose of them in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. Boaters will use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas. Bilges shall be cleaned and maintained. Detergents will not be used for cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 2. Pre -Construction Eelcirass Surve A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: i m pact). 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. 5 -04 -330 -[Palm] Administrative Permit Page 6 of 6 3. Pre -construction Caulervia Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa, taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommiftee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert ""offirnan, National Marine Fisheries Service (562/980-4043). D. If Caulerpa, taxi/blia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicants' Signature Date of Signing EAAdmin. Permits\2004\2004-1 1 \5-04-330 Palm NB Dock LO.doc CITY OF NEWPORT BERCH CITY OF WEST NEWPORT BERCH RY BRY k, '�'RCIF-,C OCE-RiV WMT VICINITY MRP JEM mfw W. mvmm P; e,(h,,,,i Z,-�ic - .,-1 Z C( All EEL GRASS INSPECTION NO EEL GRASS WITHIN 15'OF PROJECT EEL GRASS IN THE PROJECT AREA M1711"A.-ef AftacJvdz/,ue,"vtw SIGNATURE c_- v, r v (/Ol 7(��/'_l PERMIT # ' DATE (0 Essylo IN ILI' :310 MIRK! 3. 11 14� 14- I-Liq ql 4 7 C oastal Comrnissl,:,,,, Zt D �610ffice No - --------------------------- Ecrl -7 ---------_--------- -HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH PLM VIEN 1' RIPLlmff Is OB RDMSS X44/. I - DTTE DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 September 13,2004 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Jan -Erik Palm c/o Swift Shp Dock and Pier Builders Attention: � Beth Swift Permit Coordinator 2027 Placentia Ave Costa Mesa, California 92627 Dear Mr. Pahn: Reference is made to your request of August 19, 2004 (File No. 200401684-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 replace an existing U-shaped floating dock with a new dock of the following dimensions: one 8 -foot by 45 -foot finger, one 3 -foot by 24 -foot gangway, one 10 -foot by 14 -foot pier, one 4 -foot by 5 -foot landing, one 16 -inch pile, one 14 -inch pile and two 14 -inch T -piles. Work will commence bayward of 1104 Bay Avenue West, in Newport Bay, in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. -5w) Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch '�? -&-2 DATE ,�N California Regional Water Quality Control Board Santa Ana Region Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger Secretaryfor (951) 782-4130 - Fax (951) 781-6288 Environmental http://www.swrcb.ca.gov/rwqcb8 Governor Protection August 23, 2004 Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, JAN -ERIK PALM, 1104 BAY 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. r 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. Sharni at (951) 782-3288. Sincerely, #lomeno (Jun) martirez, Jr., E. � 0 - Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/biutag224]et California Environmental Protection Agency co Recycled Paper CITY OF NEWPORT BEAM HARBOR PEMNST PERMISSION IS HEREBY GrZANVED TO CCZ!STRUCT AND MAINTAIN THE FACILITY SHOWN O�-, TziL L'�41r--VERSE HEPEOF, AT THE SITE IND;CATED, SUDJECT TO �,,,nav,S:ONG 0�& THE HARBOR PERFMT POLICIES OF Nzyyl�po�ZT C-FACH AVI ANY SPECIAL CONWTIONS LIFSTED H ' ZpEGIM. THS5 PEFRU". IS NOT IRANSFERAELF MqTNOUT 'i N2 ',JV.�?'9TTFNJ CONSENT L THE C*'Ty HARSOP CGORDEMATOR OR CsT"� CCUNC'�L. T� - Wsstvc ON"" RIGHTS GIVEN UNDER THIS 13F-Ri�3 AND THIS PERMIT MAV R, ITY C OU IN ACCORDANCE WiTH 4, ": E=0?r- F:!U ChIPAL CODE. co)R la DATE PLRMIT NOS 7 IPIW" 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 and replace seawall. Property Address: 1104WestBayAve. Legal Description: I Harbor Permit Number: 116-1104 kpplicant: Mr. Jan -Erick Palm kpplicant's Mailing Address: 1104 West Bay Ave., Newport Beach, CA 92661 Phone Number: 949-723-1961 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, 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. J 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 Siqnature: Chris Miller, Harbor Resources Supervisor April 9, 2003 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 04/03/2003 15:36 9496750248 LINDA ISLE CITY OF NEW,,.,_ -.,'RT BEACH ^n A OT -117, WILLIAM SIMPSON ASSC PAGE 02 PROPOSED BLD'G WAL T�T PROPERTY 16"0., LINE M I N GRADE:,, T -,O. COPING -L- ;;FINISH S CIVIL DW SEE CIVIL DWGS E �+9001� -Em NEW TIE ROD NEW CONTINUOUS DEADMAN \—NEW CONC OOLKHEAD BOT OF 41 WALL ryPICAL BULKHEAD SECTION N.T.S SOUN )INGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER_, 'TURE PROPOSED STRUC PROPERTY LINE PROPERTY LINE NEW CONTINUOUS CONCRE E DEADMAN -7, scope 7 aernov" Seavva 11 q� cm w uj In C-4 NEW 1"o THREADED TIE ROD TYP ,�K S 72- 29' 50" E .35-00' PROPOSED SEA WALL VERIFY PLAN 'VIEW N.T.S. NORTH _E::� . BLOCK �'Lm OT MR. JAN -ERIK PALM LOT 'ELLWAK-E -0-N-TRACTOR' -.'SH JOB ADDRESS :1104 WEST BAY AVENUE 875 8 WEST 15th STREET, 11/14/02 NEWPORT BEACH. CA 92661 Ic NEWPORT BEACH, CA 92663 - 04/03/2@Q,J_ 15:36 9496750248 WILLIAM SIMPSON ASSC PAGE 02 vl%FWP- CITV OF NEWPORT BEACH BAYSIoE ORIVE PROPERTY LINE 0 -00 PROPERTY T',O. COPIN( EL��9._00' PROPOSED BLD'G WALI_ MIN ;FF I ;Nt S H G:R :AD E D W: G: SEE ;CIVIL OW S z 1, NEW TIE ROD REDGC LIN NEW CON _EV C)EADMAN TRIES OT ;OF NEW CONC SULKHEAD IALL rypICAL 13ULKHEAD SECTION N.T.S IN FEET AND DENOT'E ELEVATION BASED ON KAF AN I OWER LOW W -A -TE -R-. PROPOSED STRUCTLRE----� NEW CONTINUOUS Ll CONCRETE DEADMAN 7 -77 7 �? \__NF W ' "0 TH�READED\ TIETIrRi., E ROD TYP = -= —_ —_ = Z:: 29' 50" E 35 .00 14��S 72 29' 5\C� E -00' PROPOSED SEA WALL PROPERTY LINE uj co 35''-0" 4 VERIFY v PLAN VIEW N.T.S_ NORTH BLOCK APLICANTS NAME . MR. JAN -ERIK IPIALNMA LOT K: SfR )/A TE S TREE T�13 1 4 '92 INC = C�ONTRACTOR SHELLMAKIER INC. DATE 'S SS 10 WEST A AVENUE 875 121 WEST 15th STREET. 4 - 9 Y C 6 1 WPORT BEACH, CA 6 JOB ADDRESS :1104 WEST BAY A 11/1.4/02 N Wpo T B C 9 92663 EWPORT BEACH, CA 92661 NEWPORT BEACH, WORKSHEET FOR BUILDING I FIRE PERMIT APPLICATION CITY OF NEWPORT BEACH BUILDING DEPARTMENT 01 =A^-= 001MY M07VOC 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. 1104 W. Bay Avenue, Newport Beach LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT OWNER'S E-MAIL ADDRESS 11 2. DESCRIPTION OF WORK remove & replace seawall ]USE 11 # OF STORIES 52,500-00 VALUATION $ NEW M ADD ALTER DEMO SQ FT (NEW/ADDED/EXTG) Check Appropriate Box 3. OWNER'S NAME - LAST FIRST Jan -Eric and Diane Palm OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS 1104 W. Bay Avenue CITY STATE ZIP PHONE NO. Newport Beach CA 92661 (949) 723-1961 F1 4. ARCH ITECT/DESIGN ER'S NAME LAST FIRST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. E] 5. ENGINEER'S,NAME LAST FIRST STATE LIC. NO. William Simpson & Associates Jafari Masoud S 3812 ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS 2222 Newport Blvd I CITY STATE ZIP PHONE NO. Newport Beach CA 92663 (949)'675-6110 6 ' CONTRACTOR'S NAME BUSINESS LIC. STATE LIC. Shellmaker Inc. . BT00009706 No. 561434 ClassA&B CONTRACTOR'S ADDRESS PAID CONTRACTOR'S E-MAIL ADDRESS. 2035F Placentia Avenue CrrY OF NEWPORT MAW, limaker@aol.com CITY STATE ZIP NO. Costa Mesa CA APR n 7 2nn 92627 IPHONE (949) 5485,359 OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. oon - PLAN CHECK FEE $ OCCUPANCY- GROUP PLAN CHECK ENG. FormsOdg-application 10-18-02 1. PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO. 1104 W. Bay Avenue, Newport Beach 3. OWNER'S NAME LAST LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT Check Appropriate Box 3. OWNER'S NAME LAST FIRST Jan -Eric and Diane Palm' OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS 1104 W. Bay Avenue PHONE NO. CITY STATE ZIP r.Newport Beach CA 92661 (949):''723-1961 LIC. NO. E] 4. ARCH ITECT/DESIGNER 'S NAME LAST FIRST ARCH ITECT/DESIG NER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS PHONE NO. CITY STATE ZIP 5. ENGINEER'S.NAME LAST FIRST STATE LIC. NO. William Simpson & Associates Jafdri Masoud �S 3812 ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS 2222 Newport Blvd CITY STATE ZIP PHONE NO. ..Newport Beach CA 92663 (949),675-6110 STATE r LIC. 6. CONTRACTOR'S NAME BUSINESS,�IC. Shellmaker Inc. BT00009706 561434 A&B �.No. Class CONTRACTOR'S ADDRESS CONTRACTOR'S E-MAIL ADDRESS 2035F Placentia Avenue PAID shellmaker@aol.com ITY S1WW OF NEWPORT.BEACIRIP NO. Costa Mesa CA IPHONE 92627 �_949) 5485359 OFFICE USE ONL Y U 1 L UU U! Ji PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. 61M - -4)1)) PLAN CHEMFEt $ OCCUPANCY - GROUP Ll PLAN CHEd"K ENG. FormsOdg—application 10-18-02 PROJECT ADDRESS (NOT MAILING ADDRESS) FLOOR SUITE NO-, 1104 W.:Bay Avenue, 'Newport Beach ian-Eiic and Diane Palm LEGAL DESCRIPTION No.: UNITS LOT., BLOCK, :,TRACT vneCK ApproprIale, DOX E] 3.,OWNER'S NAME LAST FIRST ian-Eiic and Diane Palm 0 WNER'S ADDRESS OWNEFVS E-MAIL ADDRESS 1104 Bay Aven ue� CITY , STATE ZIP PH( )NE NO: Newport Beach CA 926�61 �(949) 723'i961 4. ARCHITECT/DES.IGNERS NAME :FIRST n LAST LIC. NO. ARCH ITECT/DESIGNER'S ADDRESS t ARCHITECT/,DESIGNER.'S:E-MAIL:ADDRESS �4 CITY STATE ZIP, PHONEN0 5.;ENGINEER!SNAME LAST FIRST: STATE LIC. NO. William'simpson Assibciates Jafari Masoud S 3812 V, ENGINEER'S ADDRESS ENGINEER'S. E-MAILADDRESS 22.22 Newport Blvd CITY 'STATE ZIP PHONE NO. Newport.Beach CA� (9419)- ��6751-6110 E],6. CONTRACTOR-SNAME BUSINESS.,�I,C. STATE LIC Shellmaker Inc* BT00009"706" 1 56141j4' C Ias� NTRACTOR'S DDRESS Pia CONTRACTOR'S E-MAIL ADDRESS :'2094 Pladen Avenue ke shelima rtaol.com Cgy S Z N Mesa. 627 I'PV M S485359 'AWOFN 10 s a OFFICE USE ONL Y APR, �7'20'03 PERMIT NO.: TYPE, OF, CONSTRUCTION HECK NOi PLAWC t'A - �W"A PLAN CHECKFE j $ OCCUPANCY-�GROUP PLAN Q HECK(W Forrn6�131dg—applicafion 10-18-bg',� STATE OFCALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 4 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: February 6, 2004 (562) 590-5071 Permit No: 5-03-162 COASTAL DEVELOPMENT PERMIT On November 5, 2003, the California Coastal Commission granted to Jan -Erik & Diane Palm Coastal Development Permit 5-03-162, subject to the attached Standard and Special Conditions, for development consisting of: Demolition of an existing single-family residence and construction of a new bayfronting 3,629 square foot two-story single-family residence with an attached 552 square foot three -car garage. In addition, an existing bulkhead/seawall will be demolished and a new bulkhead/seawall will be constructed in the same location. There will be 250 cubic yards of grading for recompaction purposes. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 1104 W. Bay Avenue, Newport Beach. Issued on behalf of the California Coastal Commissi_Qn_on Februc-Vy 6, 2004. PETER DOUGLAS B . Executive Director Title: qrogr m Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit . . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date' Signat'ure of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT No. 5-03-162 Page 2 of 4 STANDARD CONDITIONS Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration... If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any 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: Construction Responsibilities and Debris Removal A. No construction materials, equipment, debris, or waste will be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. B. Any and all construction material will be removed from the site within 10 days of completion of construction. C. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. D. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. E. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. F. Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. COASTAL DEVELOPMENT PERMIT No. 5-03-162 Page 3 of 4 2. Drainage and Run -Off Control Plan A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall submit, for review and approval of the Executive Director, a drainage and runoff control plan showing roof drainage and runoff from all impervious areas directed to dry wells or vegetated/landscaped areas. Vegetated landscaped areas shall only consist of native plants or non-native drought tolerant plants, which are non-invasive. B. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 3. Pre -Construction Eelgrass Surve A. Pre Construction Eellgrass 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 Fi.sheries Service and shall be prepared in consultation with the California Department of Fish and Game, The applicants shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicants 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 applicants shall submit the post - construction eelgrass survey for the review and approval of the Executive COASTAL DEVELOPMENT PERMIT No. 5-03-162 Page 4 of 4 Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicants shall replace the impacted eelgrass at a minimum 1.21 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unles's the Executive Director determines that no amendment or new permit is required. 4. Pre -construction Caulerpa Taxifolia Surve A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the 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: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa 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 and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the 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. Document2 Printed on February 6, 2004 fs/Im (Palm) G/Permit 2003 rA s)'ArEs of REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Jan -Erik & Diane Palm c/o Shellmaker, Inc. Attention: Lisa Miller 2035F Placentia Avenue Costa Mesa, California 92627 Dear Mr. & Mrs. Palm: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 May 23, 2003 Reference is made to your request of April 30,2003 (File No. 200300990-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 replace an existing 35 -foot by 1.10 -foot bulkhead, bayward of 1104 West Bay Avenue with a new bulkhead of the same dimensions, in Newport Bay, in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activit� (within 10 days following the end of construction). Thank you for participating in our regulatory program. �O�ITTEE Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch /.Z— /9 -, tO ?_ DATE -2 - When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property-.' To validate the transfer of this permit and the liabilities associated with compliance with its ten -ns and conditions, have the transferee sign and date below. TRANSFEREE Enclosure(s) MI MAP i . ,—, 5- � A;^44 C=�-- a IVPV �-j Sll.,UN41�!NG� ARE AND DENC7 EL-r"l/A7r0'%,'S EEA.S�—) Cd, -i YY —�'-7 IV E, s T 9A N PR 0 P ER L NC Nl�'W C,�N'T)NUXIUS N CIONCREiC C�EAQV.A,4 41 7 �77-,, VA`R;�- G c -1 17:*- S21IT'E' F�' A, r; MAP i . ,—, 5- � A;^44 C=�-- a IVPV �-j Sll.,UN41�!NG� ARE AND DENC7 EL-r"l/A7r0'%,'S EEA.S�—) Cd, -i YY —�'-7 P4AME : vR, JAN-E�FciK PALM I � ------------ Lb T, '08 A'DII—ESS -1104. '�NE727 BAY AVENUE T REACH. CA 92 -St, PR 0 P ER L NC Nl�'W C,�N'T)NUXIUS CIONCREiC C�EAQV.A,4 7 �77-,, n % 29, 50" E SEA PLA04 VIEW P4AME : vR, JAN-E�FciK PALM I � ------------ Lb T, '08 A'DII—ESS -1104. '�NE727 BAY AVENUE T REACH. CA 92 -St, -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on (two years from date of final letter issue date). If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or �hould you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a,copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 6. The permitee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structure work or obstructions caused thereby, without expense to the United States. No claim shall be mad against the United States on account of any such removal or alteration. Special Conditions: See attached sheet. -4 - SPECIAL CONDITIONS FOR PERMIT NO. 200300990-SJH: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States. 2. No dredging or earthwork is authorized by this Letter of Permission. 3. No creosote treated pilings shall be placed within Newport Bay. 4. No other modifications or work shall occur to the bulkhead structure. 5. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or rmioff into waters of the United States. Therefore, the permittee shall employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive erosion do not enter waters of the United States during project construction. Upon completion of bulkhead improvements, any excess material or debris shall be removed from the work area and disposed of in an appropriate upland site. 6. The permittee shall discharge only clean construction materials suitable for use in the oceanic environment 7. The pern-dttee shall notify the Army Corps of Engineers of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. 8. Prior to the commencement of construction, the perrnittee shall notify the US Coast Guard in writing. Please include: name of company conducting the operation, work to be completed, project location, hours of operation, duration of project, equipment being used, and an on-site point of contact. This information will be used in the Local Notice to Mariners (LNM) to notify the maritime community of activities affecting navigation. Please send the notification letter to: US Coast Guard, 11"' District, Attn: QM1 Mike Carlson, Staff Symbol: can, Coast Guard Island, Bldg. 50-6, Alameda, CA 94501-5100. 9. Should any federal aids to navigation (AtoN) be affected by this project, the permittee shall contact the US Coast Guard AtoN office at (510) 437-2982. 10. If the work requires that private aids to navigation be established, the permittee or contractor should contact Mr. Brian Aldrich of the US Coast Guard at (510) 437-2983. -5- 11. Upon the US Coast Guard's receipt of the notification to start work, a copy of the applicant's letter will be sent to the Coast Guard Captain of the Port (COTP) of Los Angeles/Long Beach for review. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during the project. Questions concerning lighting, equipment placement, and mooring should be directed to the COTP at (310) 383-1600. 12. A pre -construction survey of the project area for Caulerpa taxifolia will be conducted in accordance with the Caulerpa Control Protocol (see http-/ /swr ims'd _eCIu.Ihcd,/CrPyI hf-rn) not earlier than 90 days prior to planned construction and not later than 30 days prior to construction. The results of that survey shall be transmitted to NOAA Fisheries and CDFG at least 15 days prior to initiation of proposed work. In the event that Caulerpa is detected within the project area, no work shall be conducted until such time as the infestation has been isolated, treated, and the risk of spread is eliminated. 13. The pern-dttee shall send a post -project survey to the National Ocean Service for chart updating: NOAA/National Ocean Service, Map and Chart Branch, Attention: N/CG2211, SSMC3, Room 6211,1315 East-West Highway, Silver Spring, MD 20910. 14. A post construction survey of the bulkhead and project area shall be conducted to ensure that no additional coverage or fill into waters of the U.S. has resulted from this project. 0 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or loc" authorizations required by law. b. This permit does not grant any property rights or exclusive privilege s. c. This permit does not authorize any injury to the property or right Of others. d. This permit does not authorize interference with any existing or pro osed Federal project. 7 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpem-dtted activities or from natural causes. b. Damages to the pen-nitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficien cies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance'of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). -7- c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it, is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of tl-ds time limit. LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 200300990-SJH Name of Permittee: Jan -Erik & Diane Palm Date of Issuance: Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Anny Corps of Engineers Regulatory Branch -, ATTN: CESPL-CO-R-200300990- P.0 Box 532711 Los Angeles, CA 90053-2325 Please note that your pen-nitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the ten -ns and conditions of said permit. Signature of Pern-Littee Date California Regional Water Quality Control Board Santa Ana Region Winston H. Ilickox Internet Address: http://www.swrcb.ca.gov/rwqcb8 Gray Davis Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3348 Governor Environmental Phone (909) 782-4130 - FAX (909) 781-6288 Protection The energy challengefacing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our website at www.swrcb.ca.govlrwqcb8. July 9, 2003 Jan -Erik and Diane Palm 1104 West Bay Avenue Newport Beach, CA 92661 CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION: PALM RESIDENCE BULKHEAD PROJECT, CITY OF NEWPORT BEACH, ORANGE COUNTY (OUR FILE NUMBER 30-2003-12-DGW) Dear Mr. and Mrs. Palm: On April 17, 2003, we received your application for water quality standards certification pursuant to the Clean Water Act, Section 401 (401 certification) for the above referenced project. Included with the application were the following: A copy of an application for a United States Army Corps of Engineers (ACOE) Section 10, Letter of Permission (Rivers and Harbors Act) for the project; 2) Documentation that the project had been determined to be ministerial or categorically exempt in accordance with the California Environmental Quality Act; 3) Documentation that an application had been filed with the California Coastal Commission for the project; 4) The results of a study, using the National Marine Fisheries Service Caulerpa Survey and Control Protocol, that showed that no Caulerpa taxifolia (an extremely invasive non- native algae) was present in the area of the project. In addition, the study showed that no eelgrass (Zostera marina) was found growing at or near the project site. 5) $1,000 intended as the processing file required for review of a 401 certification. On June 23, 2003 we received $1,250.00 to complete the filing fee of $2,250.00 required for the review of 401 Certification applications for projects with impacts of one acre or less (23 CCR 2200 (1) (C)). This letter responds to your request for certification that the proposed project, described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995): California Environmental Protection Agency Recycled Paper Jan -Erik and Diane Palm July 9, 2003 Newport Beach, CA 92663 -2- 1 Project description: Removal and reconstruction of a bulkhead in Newport Bay in conjunction with the construction of a single residential unit at 1104 West Bay Avenue, City of Newport Beach, California. 2. Receiving water: Newport Bay 3 Fill area: 35 linear feet of coastline will be impacted. However, no' net change in fill area is occurring to the affected wate,rbody. 4. Dredge volume: N/A 5. Federal permit: US Army Corps of Engineers Section 10, Letter of Permission (Rivers and Harbors Act) . 6. Mitigation: Mitigation for impacts to water quality standards will be the following: all work will be done in accordance with the City of Newport Beach General Permit 54; no vessel waste will be discharged at this location; and the best management practices identified in 'the Marine Resources Impact Assessment report prepared by Coastal Resources Management dated April 10, 2003, will be followed. No offsite mitigation is proposed. This 401 Certification is contingent upon the execution of the following conditions: 1 . To the maximum extent practicable, the project must limit turbidity and the dispersion of suspended solids and other pollutants that could affect water quality standards of the receiving waters. 2. There shall be no discharge of wastes, including construction- related refuse, to waters of the United States or State. 3. Non-stormwater discharges from the project site to Newport Bay are prohibited. 4. The following Best Management Practices described in the Coastal Resources Management Report, dated February 26, 2003, shall be implemented. These are: • debris and silt curtains should be deployed around the perimeter of the project area to minimize the spread of debris and turbid waters in Newport Bay. • all debris and trash shall be disposed in suitable trash containers on land at the end of .each construction day. • the discharge of any hazardous material into Newport Bay is prohibited. • Construction runoff will be directed away from Newport Bay. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality standards certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to California Environmental Protection Agency RecycledPaper R Jan -Erik and Diane Palm Newport Beach, CA 92663 -3- July 9, 2003 Section § 13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed -by the applicant. Although we anticipate no further regulatory involvement, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. In response to a suspected violation of any condition of this certification, the SARWQCB may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the SARWQCB deems appropriate. The burden, including costs, of the reports shall be reasonable in relation to the need for the reports and the benefits to be obtained from the reports. In response to any violation of the conditions of this certification, the SARWQCB may add to' or modify the conditions of this certification as appropriate to ensure compliance. This letter constitutes a technically conditioned water quality standards certification. Pursuant to California Code of Regulations Section 3857, we will take no further action on your application. Please notify our office five (5) days before construction begins on this project. California Environmental Protection Agency Recycled Paper Jan -Erik and Diane Palm July 9, 2003 Newport Beach, CA 92663 -4- Should there be any questions, please contact David Woelfel at (909) 782-7960, or Mark Adelson at (909) 782-3234. Sincerely, GERAQD J. THIBEAULT Executive Officer cc U. S. Environmental Protection Agency, Director of Water Division – Alexis Strauss (WTR-10) U. S. Environmental Protection Agency, Supervisor of the Wetlands Regulatory Office – Tim Vendlinski (WTR-8) U. S. Army Corps of Engineers, Los Angeles Office – Stephanie Hall State Water Resources Control Board, OCC – Jorge Leon California Coastal Commission—Meg Vaughn State Water Resources Control Board, DWQ-Water Quality Certification Unit – Oscar Balaguer, Chief City of Newport Beach – Tom Rossmiller, California Environmental Protection Agency RecycledPaper iulz*iul 24 nw) 2001 10;aa r&A 1 :42PM, 040 Lai 4400 INU01 ALAI, tolain fREEDOM ESCROW 94964439,98 L6FJ U U a No -2461 -P� 4/5 1/ 7 - 7-1i� 0 z i HARBOR PERMIT TRANSFER APPLICATION Date'of Ap plicaton: Plyrni V6imber: PropertY Address: Buyer's Names: Jan-Jhri/Pd3m an dDiane, Palm BlIllng AddrgSS: 3-607 Highlex4 Newport I§each, CA 92.6.60 Telephone No,: 6uyer's Signatures: WOO' W0001 Seller's Names: ' Wells Faroo ElarAk as Truatee (Diet -rich T=gt) Seller's Signaturst joint Ownsr 3.1griature: Escrow Company: Fieedcm EscrvV -;--3udy teel,, eacrow.no. 36354-T Escrow Number; 949/644- 3939 Fax 943/644'.193H inspoctlon Date: 1 RaInspectlon Date, Fee AmouMt: bate Paid-, Application Appr'oved, Special Condkibns: 7hls.permit Is revocable by the City Council - In accordance wift Title 17 of the Newport Searh Mu"nicipal Code. DIGN AND RE"T"URN Oct -24. 2001, !:38PM,,,<yFREEDDM ESCROW 949644H38 (717-7 V/0Z No -2460 P - 4 HARBOR PERMIT I TRANSFER APPLICATION Date,of Applicaton: Pepmlt Umbar., L Property Address: Buyer's Names.: Jan-il�i�/Palr ari dDiane Palm 131111ng Address: 1607 iii,ghland Newport �ekh, CA 92660 Telephone No,: Buyer's Signatures: Selhir's Names: WellS Fargo Bank as TruBtee (.Dietri-Ch Tzlast) Seller's SignaturesK Joint Owner 8,11gnature: Escrow Co'rrlpany; Freedcxn Escrow --Judy Teel, sscnv, no 36354-T Escrow Number: 949/644 39j9 -Fox #: 49/r,4L-ju�L_ Inspection Datq': Rein,spection Date: Fee Amount: �Lq 7&1 Date Paid: Check Number: Application AOproved: Harbor Resources SlgnaturelDafe Special Conditions:- This,p@rmit Is revocable by the City CQUnc/l - in acGordance with. 719 17 of the Newport Beach Municipal Code. 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 24, 2001 Freedom Escrow 2 civic Plaza, Suite 200 Newport Beach, Ca 92660 Re: Pier Pen -nit 11611041, for 1104 West Bay Avenue, Newport Beach #36354-T Dear Sirs: The City of Newport Beach Harbor Resources Division has inspected the pier and float for the above-mentioned property and has found that it meets the City standards. The pier permit will be transferred once we receive the Transfer Application Form signed by both the Seller and Buyer and $185.00 balance for the transfer fee. If you require further assistance in this matter, please call 644-3043. Sincerely, epy1w,1— 6, Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cc, October 9, 2001 Freedom Escrow 2 Civic Plaza, Suite 200 Newport Beach, Ca 92660 Re: Pier Permit 1161104 1, for 1104 West Bay Avenue, Newport Beach, #3 63 54-T Dear Sirs: The City of Newport Beach Harbor Resources Office has received a request to transfer the above noted pier permit for 1104 West Bay Avenue. The facility was inspected on October 5, 2001. We cannot transfer the pier permit until the following deficiency has been corrected and we have been notified of the correction: A new Backflow Prevention Device must be installed at the facility. The purpose of this device is to protect the domestic water system from being contaminated by seawater. A drawing of an approved device and a drawing showing a typical installation is attached. The electrical receptacle on the pier/dock must be Gfl or Twist Lock for use in a water environment. The Newport Beach City Council Harbor Permit Policies require that at the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum standards, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit. Please advise this department when the above deficiencies have been corrected. Call 644- 3043 if you require additional information in regards to this matter or to request a re- inspection. Sincerely, ///P ;06 e Wes Armand Harbor Resources 3300 Newport Boulevard, Newport Beach (:FREE OM E S C R 0 W Telephone (949) 644-3939 * 2 Civic Plaza * Suite 200 - Newport Beach, CA 92660 * FAX (949) 644-3938 www.freedomescrow.com Date : October 4, 2001 Escrow No. : 36354-T Mr. Wes Armand Fire and Marine Department Newport Beach Pier Newport Beach, CA 92663 RE: 1104 WEST BAY AVENUE, NEWPORT BEACH, CA 92661 WELLS FARGO BANK, N.A., TRUSTEE Enclosed please find the following: Check in the amount of $185.00 representing one-half of the transfer and Inspection fees for the Pier and Boat slip. Harbor Permit Transfer Application Form Please forward copies of your inspection with any corrections needed. We will be forwarding the signed and completed Permit Card at the close of escrow. Thank you for your cooperation and prompt attention. If you have any questions, please do not hesitate to call. jt (:FREE OM E S C R 0 W Telephone (949) 644-3939 * 2 Civic Plaza e Suite 200 e Newport Beach, CA 92660 * FAX (949) 644-3938 www.freedomescrow.com CITY OF NEWPORT BEACH FIRE AND MARINE DEPARTMENT P.O. BOX 1768 (NEWPORT BEACH PIER) NEWPORT BEACH, CA 92658-8915 Attn: WES ARMAND Re: 1104 WEST BAY AVENUE, NEWPORT BEACH, CA 92661 In connection with the above referenced escrow, we enclose the following: Our check for $185.00 for the balance of the transfer fee. Harbor Permit Transfer application form If you have any questions or need anything further, please do not hesitate to call. Sincerely, Escrow ESCROW jt Date: October 30, 2001 Escrow No.: 36354-T Your Re: CITY OF NEWPOR'T BEACH HARBOR PER-: IT PERMISSION Is REH"WT31y rV:lp-,,�)N,711`�D TO ANO MAANTAM '5*MF-,- -mE A, 70 z, ul"!,s T 14 E KJ'4 V,. 'S ID U ANY 0" L ;'�",N� 15 NMT T A 'A ri wa % COD WiTH MV -tiTf NA IOR COORDUNATOR _1-11-7 —,7 1-7 PERMIT NO. DATE spFC11AL, COV1,75 Of 7-7 ""z, s -Pir m, orange coulk-ky pomat 7 7 CITY OF NEWPORT BEACH. CALIF. WX FORM 64-1013 REV. LOCATION PERMIT Sel I er ___.Puyer Date Application Received: Date Fee Received: 7 Request for Inspection made by. - Escrow Co. Date Escrow-Offir-e.r Escrow No Address Phone: Date Inspection made:__ Deficiency Letter sent: Deficiency corrected: Transfer completed:- Date Inspection: 1. Location 2. PIumbing: T- 4. Structural: 5. OTHE R: a Inspected by: PO 0 -'WPORT BEACH CITY OF NL U -March 20, 1987 John P. Dieterich 1104 West Bay Balboa, CA 92661 Dear Sir: The City of Newport Beach,>�,as received an application to transfer pier permit # 116-1104 f6r the property located at 1104 West Bay Ave . nue Newport Beach, California. The structure was inspec( , 'ed on 3/19/87 at which time it was determined that the following defic�-encies exist: A City -approved anti -syphon device is reqpired,at the water connection to the pier and float. 2. FACILITY WAS RE INSPECTED ON 12/l/87. THE ANTI SYPAON, DEVICE IN PLACE IS NOT A CITY APPROVED TYPE. SEE ENCLOSED 3. DESCRIPTION OF APPROVED DEVICES. Please let us know when new installation.is complete. 4. 5. In accordance with Section 10-D of the City Harbor Permit Policies: "All structural deficiencies must be correctedo.....", it will be electrical or necessary for these to be corrected. A permit for any of the City. plumbing work must be obtained from the Building Dep I artment All other work requires a Harbor Permit. Please advise this department when the above deficiencies have been corrected. If you have any questions, please cont;,ct me at 644-3044. Tha . nk . you for your cooperation. Sincerely, Tony Meldm, Tidelands Administrator Cit%' I lal I I ��3300 Newj)ort Boulevard, Newj)ort Beach. California 92663 MARINE DEPARTMENT November 14, 1977 ITEM NO.:� TO: FROM: SUBJECT: I H-14 MAYOR AND CITY COUNCIL Marine Department HARBOR PERMIT APPLICATION NUMBERS 116-1100, 116-1104, 151-1107, 109-1805 AND 109-1813 FOR MAINTENANCE DREDGING AND BEACH RESTORATION RECOMMENDATION If desired, approve the maintenance dredging applications. The applications require City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issed by the U. S. Amy Corps of Engineers, on February 12, 1974, and sub- sequently amended on May 10, 1977 to allow beach restoration. The locations and applicants for the proposed dredging and beach restoration are: 116-1100 Stephen Barnard, 1100 West Bay Avenue 116-1104 Dr. 0. A. Dieterich, 1104 Way Bay Avenue 151-1107 Jerald Hampton, 1107 North Bay Front 109-1805 Howard House, 1805 E. Bay Avenue 109-1813 Willard Voit, 1813 E. Bay Avenue 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 projects will aide in the restoration of beaches bayward of fourprivate residences and on the public beach on Balboa Island. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Gl E! e (d Tidelands Administrator GEW:ll 0 0 sk .November 4, 1977 CITY OF NEWPORT Br; -,AC,'-,-! CALIFORNI .Santa Ana Regional Water Quality Control Board 6833 Indiana, Suite I Riverside, CA 92506 Gentlemen: The enclosed permit drawing application(s) is being sent for your information in accordance with conditions of approval under the U. S. Army Corps of Engineers "blanket" permit for mainte ance dredging issued to the City of Newport Beach on February 2, 4. The City Council of Newport Beach will hear the applicati,)n at its November 14th meeting. If you have qny questions regarding this application, please contact the City of Newport Beach Marine Department at (7 4) 640-2156. Sincerely, D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator GEW: I I cc: EPA, F&G, BSFW, NOAA, 116-1104, 116-1100, 151-1107 City Hall 3300 W. Newport Blvd Area Code 714 640-2156 L PERMIT NO. DREDGING APPLICATION Project Location:- 1104 W. Bay Ave nue Cubic Yards to be Dredged: 177 Method of Dredging:- Hydkaulic Suction Nature of Dredged Material: SandZSilt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge pipe to tJjsDc)qaJ fill argia Turbidity Control Method: Place filter screen around discharge site Effect of dredging on :contiguous bulkheading and beaches Will, restore depleted be ach and reinforce bulkhead. IF 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. Dr. 0. A, Dieterich (Applicant -type name) Shellmaker, Inc. (Contractor -type name) Signed: Contractor's Representative .11 1 . I 5 belOW 'WC017 I-ONVO.- ZOW WOF'irr. Mozo w"t..,on D,reJ r 44C.$ -T-F Atli. C, V I MJ T�r Sk T CH y CAL IFOSINIA 5'o evn dir),g 5 or& e4prcsscrd fn Isel ance aonole q . WlesT 130-14 A 1r e Y� L-1, ift 5 belOW 'WC017 I-ONVO.- ZOW WOF'irr. Mozo w"t..,on D,reJ r 44C.$ -T-F T UI Li IL q . WlesT 130-14 A 1r e Y� L-1, ift CITY OF NEWP09T BE;tC"", HARBOR PER,,,, IT PERMISSiopt IS ll'�EREMV rftfM'MTZ.V -er' MMUITAUN TR -2 AT THE HAnGDC,;� ANY C:n, is aqvr THE V-�"y Y AND 7%� 71��T:-lcl: 7 c E CODE. cot min narm. F'ornnit —/0 7 -7 Grange couaty ponaft 7 A " IRA OR C ORDINATOR PE R IT No. DATE