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HomeMy WebLinkAboutM2014-0039TL O .n STAlCS OF w Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 June 4, 2014 Elias Sabo 1220 West Bay Avenue Newport Beach, California 92661 Dear Mr. Sabo: I have signed and enclosed your validated Department of the Army Permit (Corps File No. SPL -2013 -00619 -SME). Please retain this permit for your files. Thank you for participating in the Regulatory Program. If you have any questions, contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm apex/f?p=regulatory survey. Sincerely, Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosure DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS w / 915 WILSHIRE BOULEVARD ` ' . I : I LOS ANGELES, CALIFORNIA 90017 REPLY TO ATTewriorooP January 31; 2014 Elias Sabo 1220 West Bay Avenue Newport Beach, California 92661 Dear Mr. Sabo: Reference is made to your request (Corps File No. SPL -2013 -00619 -SME), dated August 23, 2013, for a Department of the Army (DA) authorization to construct the 1220 West Bay Avenue Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached Figures 1-3. Specifically, you are authorized to remove an existing boat dock structure and install a new boat dock structure in-kind (Figure 3). Specifically, this would consist of removing and replacing an 872 -square -foot floating dock, a 3 -foot by 24 -foot gangway, a 115 -square -foot pier, five, 14 - inch concrete guide piles, and two, 14 -inch by 7 -foot T piles (Figure 3). The total overwater square footage of the existing and proposed dock structures would remain unchanged at approximately 'j 1,074 square feet. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. Both signed copies of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached pages to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please . contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estesaa,usace.army mil. 2 Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://corpsmapu.usace.army.mil/cm apex/f?p=regulatory survey. Sincerely, Corice J. F ar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division Enclosures PERMITTEE DATE 3 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE �` a 4 PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 31, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; 5 c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4: No other modifications or work shall occur to the structure permitted herein. 5. A pre -construction survey of the project area for eelgrass shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (see http://swr.nmfs.noaa. ovlhcd/policies/EELPOLrevl 1 finalydf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory Division determines eelgrass may be impacted by project -related activities, further eelgrass monitoring and compensatory mitigation may be required, as described in the SCEMP. 6. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see hM://swr.nmfs.noaa.gov/hcd/cauIgMa/ccp.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and CDFW at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the. risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFW. 7. A silt curtain shall be deployed around the project site throughout the duration of project - related activities. 8. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 9. To ensure navigational safety, the Permittee. shall provide appropriate notifications to the U.S. Coast Guard (USCG) as described below: M Commander, 11th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d11LNM@uscg.mil Website: http://www.uscg.mil/dp/lnmrequest.asp USCG, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The Permittee shall notify the USCG, Commander, 11th Coast Guard District (dpw) and the USCG, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The USCG needs to be notified if these dates change; iv. Vessels involved in the operation (name, size and type); v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the USCG, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the USCG. c) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the USCG, Aids 7 to Navigation office (see contact information above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the USCG. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 10. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 11. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to section 10 of the Rivers and Harbors Act of 1899.(33 USC 403). 2. Limits of this authorization. a) This permit does not obviate the need to obtain other Federal, state, or local authorizations. required by law. b) This permit does not grant any property rights or exclusive privileges. c) This permit does not authorize any injury to the property or rights of others. d) This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d) Design or construction deficiencies associated with the permitted work. e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Re-evaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation include, but are not limited to, the following: a) You fail to comply with the terms and conditions of this permit. b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a re-evaluation 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 Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. E LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2013 -00619 -SME Name of Permittee: Elias Sabo Date of Issuance: January 31, 2014 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): . Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit, you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.anny.mil OR 2. FAX this certification, after signing, to: 213452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00619-SME 915 Wilshire Boulevard Los Angeles, California 90017 10 LOS ANGELES DISTRICT U.S, ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2013 -00619 -SME Name of Permittee: Elias Sabo Date of Issuance: January 31, 2014 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify the work. authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three methods: 1. E-MAIL a statement including all the above information to: Stephen.M.F,stes@usace.an-ny.mil OR 2. FAX this certification, after signing, to. 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00619-SME 915 Wilshire Boulevard Los Angeles, California 90017 IN- N y b N OF ADMINISTPE QPIOI�I PROCESS A REQP(�JEST Applicant: Elias Sabo File Number: SPL -2013 -00619 -SME Date: 01/31/2014 Attached is: See Section below X I INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.a,rmy.mil/cecw/pa eg s/reg materials.aspx or Corps regulations at 33 CFR `art 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this form and sending the form to the division. engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION H - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Stephen M. Estes Thomas J. Cavanaugh U.S. Army Corps of Engineers Administrative Appeal Review Officer, Regulatory Division, Los Angeles District U.S. Army Corps of Engineers 915 Wilshire Boulevard South Pacific Division Los Angeles, California 90017 1455 Market Street, 2052B Phone: (213) 452-3660 Fax: (213) 452-4196 San Francisco, California 94103-1399 Email: stephen.m.estestci.usace.army.mil Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.i.cavanaugh@usace.arm .mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. = Date: Telephone number: Signature of appellant or agent. STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District office 200 Oceangate,10th Floor "ems Long Beach, California 90802-4416 PH (562)-590-5071 FAX (562) 590-5084 May 16, 2014 Permit No. 5-13-0667 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on 4/25/2014 and was reported to the Commission on May 14, 2014 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. CHARLES LESTER Executive Director 1,4,C" Liliana Roman Coastal Program Analyst STATE OF CALIFORNIA - NATt)RAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 W9a Application No. Applicant: Project Description Project Location: Staff. Liliana Roman — LB Date: April 24, 2Q14 ADMINISTRATIVE PERMIT 5-13-0667 Elias Sabo Demolition of an 872 sq. ft. double -U shaped floating dock supported by five 14 in. sq. concrete guide piles, 24' x 3' gangway, and a 10' x 10' pier platform adjacent to the bulkhead supported by two, 14 in. sq. concrete "T" piles and construction of a new 872 sq. ft. double -U shaped floating dock, 24' x 3' gangway, and 10' x 10' pier platform adjacent to the bulkhead supported by new piles in the same configuration. Total water coverage would remain unchanged. 1220 West Bay Ave., Newport Beach (Qrange 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, May 14, 2014 9:00 am Inverness Yacht Club 12852 Sir Francis Drake Blvd. Inverness, CA 94937 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 5-13-0667(Sabo) Administrative Permit conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. CHARLES LESTER Executive Director By: Liliana Roman Title: _Coastal Program Analyst STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: 1. Notice of Recei. tp 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 the Commission voted on the application. Development shall be pursued in a diligent manner and completed in. a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages six thru ten. EXECUTIVE DIRECTOR'S DETERMINATION (continued): 2 5-13-0667(Sabo) Administrative Permit The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION The project -site is coastal waters subject to the public trust located seaward of -1220 West Bay Avenue, in the City of Newport Beach (Exhibit #1). A single-family residence occupies the land parcel and large single-family residences with large private docks characterize the subject area and the surrounding sites on the Balboa Peninsula facing Lower Newport Bay harbor waters. The proposed project will be -used for boating related purposes to serve the adjacent single-family residential development. The proposed development is the demolition and reconstruction of a private dock system which extends from an existing private bulkhead across public tidelands in Lower Newport Bay (Exhibits #2). The proposed project consists of demolition of an 872 sq: ft. double -U `shaped floating dock supported by five 14 in. sq. _concrete guide piles, 24' x 3' gangway, and a 10' x 10' pier platform adjacent to the bulkhead supported by two, 14 in. sq. concrete T -piles and construction of a new dock system including new guide piles and T -piles in the same size and configuration except the proposed l Q'x 10' pier platform will be separated from the bulkhead by a new 4.'x4' pier approach. No work is proposed to the existing bulkhead located along the seaward property line. Exhibit #2 depicts the existing development at the subject site (with the pier platform immediately up against the bulkhead and with stairs from the.pier platform down to the sand). The existing dock system covers 1,074 sq. ft. of water/tideland area and its support piles result in 8.16 sq. ft. of fill of coastal waters. Exhibit #3 depicts the proposed new dock system .with no stairs from the pier platform leading down to the sand and a 4 foot long separation of the 10' x 10' platform from the bulkhead. The same number of support piles are proposed therefore the project does not result in a change to the current 8.16 sq. ft. of fill of coastal waters associated with the dock system at this site. The new proposed dock system would in a small 14 sq. ft. reduction of overall water coverage (from_ 1,0.74 sq. ft. to 1,060 sq. ft.) and would not result in additional fill of coastal waters. The Commission issued a De Minimis waiver (CDP 5-07-303-W) in 2007 for demolition of a single-family residence and construction of a new single-family residence at the subject site; however, there are no previous Coastal Development Permit approvals for the dock associated with this property, which is the subject of this application. The proposed dock conforms to the U.S. Pierhead Line and is consistent with the City's Harbor Permit.Policy. The new dock will be no further seaward -than the existing dock. The proposed project -has received an approval in concept from the City of Newport Beach Harbor Resources 3 5-13-0667(Sabo). Administrative Permit Division, Harbor Permit Number 116-1210 and Plan Check Number 1456-2013. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a U.S. Army Corps of Engineers' Letter of Permission (LQP) to determine whether the proposed project would have any adverse effect on essential fish habitats. There is no direct public pedestrian access to public tidelands through the private residential lot associated with this dock project. Public pedestrian access to public tidelands is available approximately 100 feet downcoast of the subject site via a vertical public access point at the 12th Street street -end (See Exhibit #1, page #2). From every street end along the Balboa Peninsula, members of the public may access tidelands and, for example, launch a kayak, or during low tide, it is possible to walk under the residential piers for a strolls along the Newport Bay. The public can also access the public beach area seaward of the subject site by watercraft or by swimming to the . site. The aerial photographs provided in Exhibit #1, page #3 clearly show sandy beach areas covered by residential dock structures. As proposed, the re -constructed private dock system would improve public access and recreational opportunities to public tidelands. Replacing the 10'x10' pier platform in its current location parallel and adjacent to the bulkhead would perpetuate an existing impediment to public access of public tidelands by in effect privatizing the use of these public tidelands as the general public will be unable to access the area beneath the pier platform for recreational purposes. Placing the 10'x10' platform parallel to the seawall in effect privatizes the use of these public tidelands as the general public will be unable to access the area beneath the pier platform for recreational purposes. Furthermore, placement of piles to support the 10'x10' platform adjacent to the bulkhead at this particular site would be an impediment to lateral pedestrian access across these public tidelands, because, as the tide comes in, only the areas closest to. the bulkhead are still dry and walkable. Due to the sand/beach elevation, further landward, the proposed platform would be more of a direct impact to pedestrian lateral access. Placing the platform farther away from the bulkhead is preferred to reduce impediments to lateral pedestrian access closer to the bulkhead where the public is more likely to pass. In order to minimize adverse impacts to public access, the -applicant has revised the location of the pier platform as far away from the existing bulkhead as possible so that public access along the beach/public tidelands underneath the pier platform is provided. As proposed, the pier platform provides at least 6 ft. of clearance between the sand and the platform and is sited 4 feet from the bulkhead, connected to the bulkhead by a 4'x 4' pier in order. to reduce impediments to public access along bulkhead where the sand is dry at low tide, thereby maximizing opportunities for lateral public access. Additionally, Special Condition 6 states that the Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the subject property including, but not necessarily limited to, the tideland and submerged land beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 4 5-13-0667(Sabo) Administrative Permit The site was surveyed for eelgrass and Caulerpa taxilfolia on June 23, 2013. The survey area spanned 35 feet wide paralleling the bulkhead to- 80 feet from.the bulkhead past the end of the existing floating dock. No eelgrass was found in the project area or vicinity. No Caulerpa taxilfolia was discovered within the entire project area. These eelgrass and Caulerpa taxilfolia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. Special Conditions 2 and 3 identify the procedures necessary to be completed prior to beginning any construction. Furthermore, Special Condition 4 requires the applicant comply with construction best management practices to ensure no adverse impacts to water quality occur within the marine environment during project demolition and construction. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified.Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Therefore, the Coastal Commission is the permit issuing- entity and the standard_ of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. MARINE RESOURCES The proposed recreational boat dock development and its associated structures. are an allowable and encouraged marine related use. The proposed project results in less water coverage than the existing dock, and less fill of coastal waters, and in that way is beneficial to marine resources. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project; which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or Waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. I). LOCAL COASTAL PROGRAM The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the 5 5-13-0667(Sabo) Administrative Permit project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. This permit is granted subject to the following special conditions: SPECIAL CONDITIONS: _1. Conformance with Proposed Project Plans. The applicant shall conform with the plans submitted on April 21, 2014 indicating a four foot separation of the proposed 10'x10' pie_ r platform from the bulkhead; the pier platform connected to the bulkhead by a 4'x4' pier. The pier platform shall have a minimum 6' clearance between the sand level and the pier platform in order to ensure lateral public access across public tidelands. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 2. 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. If any portion of the project commences in a previously undisturbed area:after the last valid eelgrass survey expires, a new survey is required prior to commencement of work in that area. 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 by 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. Post -Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required by this special condition, within one month after the conclusion of construction, 5-13-0667(Sabo) Administrative Permit 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 (SCEMP) (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 by the Executive Director within thirty (30) days after- completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the SCEMP. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new Coastal Development Permit unless the Executive Director determines that no amendment or new permit is legally required: 3. Pre -Construction Caulerpa taxifolia Survey. 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. If any portion of the project commences in a previously undisturbed area after the last valid Caulerpa taxifolia survey expires, a new survey is required prior to commencement of work in that area. 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. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval by the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all Calurpa 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 Calurpa. 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. 7 5-13-0667(Sabo) Administrative Permit 4. Construction Responsibilities and Debris Removal. The permittee shall comply with the following construction related requirements: A. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. B. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. C. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. D. Machinery or construction materials not essential for project improvements will not be -allowed at any time in the intertidal zone. E. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. F. 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. G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as,possible after loss. H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction. day. 1. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. K. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. L. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. M. The discharge of any hazardous materials into any receiving waters shall be prohibited. N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. O. Best. Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related 8 5-13-0667(Sabo) Administrative Permit materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. P. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 5. Best Management Practices (BMPs) Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved boat dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs: A. Boat Cleaning and Maintenance Measures: 1. In -water top -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; and 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 not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. C. Petroleum Control Management Measures: 1. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly inspect and maintain engines, seals,gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 2. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out 9 5-13-0667(Sabo) Administrative Permit facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 6. Public Rights. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the subject property including, but not necessarily limited to, the tideland and submerged land beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. G 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 10 -xx � ✓ � � • n �u.X3 �a r'..� � sEA.i:..ls.�k'�'i`,f7&%t.£� /s A§ k3L'�'s�S�; ��5 ' `4 3 � � !. 9 CITY OF NEWPORT LEACH CITY OF NENPORT BEACH �G� `f Ito REC74'VED South Coast Region r V 17(.-)Dt, ll,\ CC)Ab lA2k0j-vml6S 14 50 LOW HRTM 2027 Placentia Avenin, Costa Mesa, California 92627 CITY OF NEWPORT BEACH CITY OF NENPORT BERCH 'F'ER 1�5T ^ ' NDFORT �T � �( DRY PRCTF C ode �N VICINITY MRP www my. Gun"m A C + 50 i i y: 7ETTY SOUNDINGS FFE :EXPRESSED IN FEET Fid DENOTE ELEVRTIONS BREED ON MEAN LOWER LOW WRTER. 6 .+ _, )UURGb DIV-, •'� - f • I v2 jPORT BEACH -0q =_ 50 Ca1if ro a Coastal Commission OUM f�- 4A istrict office l� South t D Coast APPROVED,^- Permitl�To.o__ By: C EFFECTIVE_® d P`eC pate: ¢ -wOvy;�• dock ga OF V4 a \(\g �\ae p�\e ce SGDoJe a�adeep`aGe �2 tii 1 P`�e i b5 Reo0\1e aa�d tep`aee 5lkR�o i 22n vv. �y Newer- �,�tc� ,, _ �i Uri �I.O i a Z-4 ray �Ul Io Z 1<1 `T Piles �1e, RPPLICRNT'S Nf 1E j 20 lk�j0 JOB RDDESS 1.2ATE -2-414 Costa Mesa, California • Fax (949) 631-3122 �ock- 841 it 'A ---- -- - -- - ------------ - ..... ........ - ----- - 92627 CITY OF NEWPORT BEACH CITY OF NERPORT BEACH T PRC jF C OC EON 3 VICINITY MRP MOM en, aiaawn A i REC74VED South Coast Region COA6lA b.OlVUvilll _.1+ 1 )k- ["-50 .i£TTr_-.-- €�r JFM: M—MINGS FRE,EXPRE5SE.A IN FELT R4) DENOTE ELEVATIONS BASED ON MEAN L%UZ LOW WATER. I ' n ry m IPr� lkvv q9. Q C4 r MM g42 _ &.0 _ i__..� 4.:7.x: {r T.. . O! NEWPORT BEACH i505-I" uu4e to (J lrl W �.14. lV1�11 - AA ``''-�nn ana p�e< f 3 X Z4 way OF � `oat��� SGppti ateP�a�e y,1�Am'NAL C@MMtSai�__._...- �eno'jeao�6Ce9 \acee2 J ,1 �e�ove EXHs r # S lk n PAGE _....OF 122 v�/ I E,oy New- Pxrr��'1 RPPLICFNT'S M\F- E{,IM 6M30 JOB RADS V2.26 NQ. _.. Dfi�44.14 Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 17 June 2013 Marc Brown California Regional Water quality Control Board 3737 Main Street Suite 500 Riverside, California 92502 Re: I Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove and replace existing floating dock, gangway, and pier. Like for like in size, shape, and location. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or, adversely impact water quality at this location. 1. Applicant Name: Elias Sabo 2. Project Address: 1220 West Bay Avenue Newport Beach, California 92661 3. Applicant Phone: 949.631.3121 4. Parcel Number: 047-232-o6 5. Scope of Work: Remove and replace existing floating dock, gangway, and pier. Like for like in size, shape, and location. 6. Latitude/Longitude: N 33.607215 / W -117.916359 7. Applicable Fees: , Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to the Regional Board General Certification for sheet and dock pile replacement, issued on 29 September 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office directly with any questions. Sincerely, Swift Slip Dock and Pier Builders, Inc. Jacquelyn Chung Permit Division V C � HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions August 20, 2013 Property Address: 1220 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or,parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6, The project shall be implemented in conformance with the Local Coastal Program- Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 38'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 13' Lisa Walters, Harbor Resources Date ::t�z IL,_ —Cl,`�5 J Z Js� I`I Applican Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing dock, gangway and pier. Like for like in size, shape and location. R/R 5-14" guide pile. R/R 2-14" 'T' ile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to rrnai approval. Property Address: 1220 W. Bay Ave. Legal Description: Harbor Permit Number: 116-1220 Plan Check Number: 1456-2013 Applicant: Elias Sabo Applicant's Mailing Address: 1220 W. Bay Ave., Newport Beach, CA 92661 Phone Number: 949 -631 -3121 -Swift Slip 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 11 And find ), They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: XHas been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Iters, Harbor Resources August 20, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 11 Worksheet for Combo Building & Solar Permit Application ��"°� o City of Newport Beach - Building Division , F Comm'I r Residential ARBOR SU NOTE: PLAN CHECK FEES DUE AT TIME OF SUBMITT �J � , rBuilding r Grading rDrainage r Elec r Mech r Plum Cu YdCutF'hilaY�ilC �� Project Address (Not mailing address) 1- Flood r Fire Liq r Lan I o ite tyo 1220 WEST BAY AVENUE Description of Work Use F Const Type # Stories[— # Units (if ResF emove and replace existing floating dock. like for nre in size, shape, and location Valuation $ New/Add SF ° '~ Remodel SF Garage/New/Add 84,000 Material/Labor OWNER'S NAME Last Sabo First Pias Owner's Address Owner's E-mail Address 1220 West Bay Avneue Jacquelyn.chung@sbcglobal.net City Newport Beach State California Zip 92661 Telephone 949.631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address Applicant's E-mail Address 2027 Placentia Avenue �Jacquelyn.chung@sbcglobal.net City Costa Mesa State Calfornia Zip 92627 Telephe 949.6 .�11y 21 ARCHITECT/DESIGNER'S NAME Last Firstv ic. No. Architect/Designer's Address Architect/Designer's E-mail Address city l—1 State F p Zi Tele — � phone ENGINEER'S NAME Last Bazley First Tim Lica No.1c 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Suite 200 Jacquelyn.chung@sbcglobal.net City San Pedro State California Zip 90731 Telephone 310.548.3132 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class A Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State Caifornia Zip 92627 Telephone 949.631.3121 SETBACKS REAR SETBACKS FRONT PERMIT NO. SETBACKS LEFT SETBACKS RIGHT PLAN CHECK NO. USE ZONE DEVELOPMENT NO PLAN CHECK FEES $ rA - � = P. -�' i� - ice. ■ CITY OF HWORT BERCH NEHPWr MY I PRCIToccav gm VICINITY MRP www an, GUYUM � tt< ra p�eC - �'��al , a VvOR� © dG�� �a 01 ek\oa�or� .,6ep��e' qac SG CiQ ? e ark ceeece}�} RRe o,je ao� repute i t"( - QED IN FEET FM UMTE :D ON MUN LOWER LOW WRTER. kne € 5 14" vtr#e �le �f 3 tit ��.'A t 3x24�ar��a�� I E -W WAIT - __ . CITY OF NEWPORT BERCH CITY OF NEWPORT BERCHUPPER , / � I ! N O BRY C1� oCF�N Ew, 69 -- co I 1 126 I r5 50A 2�c, [all I -C Pd CITY OF NEWPORT PERCH _ _ __"Z_ 3 CITY OF NENPORT BERCH le OCCRAl Jnr. OLVOM EEL GRASS INSPECTION ® elgrass within 15' of project ® Eelgrass within 15 - 30' of project o Eelgrass in project .1rea 5egnature H. L 11 o x o IIIII�III � tl � � u feet 100 50 meters. Dock and Pier Builders, Inc. Contractor's License 791052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Elias Sabo 1220 West Bay Avenue Newport Beach, California 92661 Remove and replace floating dock, gangway, and pier Like for like in size, shape, and location. Document #1— Assessors Map Document #2 — Aerial View of Project Site Document #3 — Project Site Document #4 — Drawing of Exisiting/Proposed Floating Dock Floating Dock 4 x 8 framing with 5 x 7 angle clips and 1/2" bolting throughout Superfloat flotation pontoons 1 x 6 AZEK PVC decking 3 X 12 facia with mediumk duty white reubstrip 5 —14" pre -stressed concrete guide pile Steel pile keepers built below deck with 4 UHMW cub blocks each Gangway 3 x 24 dimensions 2 x 12 stringers Strain relief hinge unit Heavy duty axle wheel combination Milled handrails Decking to match new dock 5 stainless steel 1/4" diameter cables per side Pier 2 new 7' wide pre -stressed concrete T pile 2 x 10 joists on 14" centers Decking to match new dock 3 x 4 posts Milled handrails to match gangway 5 stainless steel 1/4" diameter cables -6 waw DIVE WORKS (949) 759-0773 1220 W Bay Ave r, 429-0 Shoreline Village Drive Newport Beach �R"�u Long Beach, CA 90802 GS. Eelgrass Preliminary Survey June 23, 2013 Subject: Eelgrass (Zostera marina) Preliminary Survey and Caulerpa taxifolia Survey 1220 W Bay Ave., Newport Beach Eelgrass was not observed at proposed project site. No Caulerpa Taxifolia was observed in subject area noted above. This Preliminary Eelgrass Survey is the result of studying this property and neighboring properties dock systems to determine the presence of eelgrass. This report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible developments by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 Preliminary Eelgrass and Caulerpa taxifolia Survey Page 1 of 10 DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey June 23, 2013 RESIDENT ELIAS SABO 1220 W Bay Ave Newport Beach, CA Swift Slips Dock & Platform Builders, Inc. Costa Mesa, California Eelgrass Survey Preliminary Report Prepared June 23, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Preliminary Eelgrass and Caulerpa taxifolia Survey Page 2 of 10 W0 sG DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 GS Eelgrass Preliminary Survey June 23, 2013 CONTENTS List of Tables 3 List of Figures 3 Current Situation 4 Eelgrass Impacts 4 Survey Method 4 Survey Findings 4 Discussion 4 Caulerpa Survey Form 7 Eelgrass Survey Form 9 List of Tables Table 1. Site Location: Tides and Currents for Newport Harbor, June 23, 2013 .....................................................................................................................5 List of Figures Figure 1. Site Location: 1220 W Bay Ave., Newport Beach .....................................................................................................................5 Figure 2. Dive Transects, Existing, and Proposed .................................................................................................................................6 Preliminary Eelgrass and Caulerpa taxifolia Survey Page 3 of 10 V, wow 4 sG DIVE WORKS (949) 759-07731220 W �y/ Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 1}d� 1NG sk RSR t Eelgrass Preliminary Survey June 23, 2013 Current Situation Resident (Elias Sabo) at 1220 W Bay Ave., Newport Beach, Ca, see Figure 1, has proposed to replace existing dock, gangway, platform, and pile. Proposed new dock dimensions will be same as existing dock. Gangway and platform dimensions will remain same.. See Figure 2 & 3. The new dock system would be composed of Douglas fi r. Eelgrass was not observed in construction site; see Figure 2 & Eelgrass Survey Report. Caulerpa was not observed in any areas surveyed; see Caulerpa Survey Report. Eelgrass Impacts No eelgrass in survey area. See Figure 2. Survey Method Survey conducted June 23, 2013 beginning at 1130 hr, at N Lat +33.607455", W Long -117.916158". Day was overcast, air temperature 74° F. Water was 62° F. Depth ranged from sea wall at V to approximately 12" at end of existing dock, visibility was 4 ft. See Table 1. Survey area delineated spanning 35' ft wide paralleling sea wall to 80' ft out from sea wall past end of proposed dock to cover entire area to ensure >75% coverage of bay floor. Survey conducted by diver's 3' ft apart. Lanes ran parallel with sea wall scanning approximately 4 ft on either side. See Figure 2. Survey Findings Dimensions of proposed dock are shown in Figure 4. Eelgrass at this proposed project site was not observed. See Eelgrass Survey Report for detailed findings and observations. Sea life observed was mussels and bottom was sediment (sand and dirt). Discussion No eelgrass was observed in project area. Proposed project replaces existing dock system with "in-kind" new dock system. There is no eelgrass under or around dock. Impact to navigational waters will not change. Best management practices are recommended during pile move and dock system replacement. Preliminary Eelgrass and Caulerpa taxifolia Survey Page 4 of 10 DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach r4C Long Beach, CA 90802 NG s -g" Eelgrass Preliminary Survey June 23, 2013 Table 1: Tides and Currents for Newport Bay, June 23, 2013 Balboa Fifer, Newport Beach, CA Station1d: 9410583 Referenced to Station: LOS ANGELES (outer Harbor} (9410660), Height offset in feet ( low -'0,96 high:' 0.96J Time ottset in mins L I:ow.0 high: -5) Daily Tide Prediction i,n. Feet B -a to stag Time Zone: LS /LDT 2013JO6123 - 2013/05/24 Bookmark, Datum. MLLYIP 7.00 6.00 0 5.88 <L 0.00 •�° -1.80 a� x -2 00 * 66123 06123 12an ban Subordinate Predictions - ------- ------ --- --------------- •------- ------ .....a... .._.__ 86123 86123 06124 06124 12pn 6pn 12an ban Date/Tine (LSTILDT) Figure 1. Site Location: 1220 W Ave., Ne z 06124 06124 06125 12pn 6pn 12an rt Beach Preliminary Eelgrass and Caulerpa taxifolia Survey Page 5 of 10 -P, wo sG DIVE WORKS (949) 759-0773 t 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 S, Eelgrass Preliminary Survey June 23, 2013 Figure 2. Dive Transects, Existing, and Proposed to rs 011- A T2 .. . ........ A Preliminary Eelgrass and Caulerpa taxifolia Survey Page 6 of 10 t� e wo� +�lNG S Rte DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey June 23, 2013 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1220 W Bay Ave Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmai!.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N Lat +33.607455" (UTM, Lat./Long., datum, accuracy W Long -117.916158" level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: Replace existing dock, gangway, platform, platform and move one pile (describe briefly the work to be conducted at the site under the permits identified above) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 7 of 10 DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey June 23, 2013 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 1' to 12' Bottom is sediment and sand. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 740 Air 620 Water Salinity: Dominant flora: Dominant fauna: Mussels Exotic species encountered - None Cauletpa Other site description notes: Description of survey Effort: Survey date and time period: Survey conducted using (please describe the surveys SCUBA. conducted including type of survey DATE: June 23, 2013 (SCUBA, remote video, etc.) and survey methods employed, date of TIME : 1130 AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 4' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 8 of 10 W E t7S? br�NG sERv�� DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey June 23, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1220 W Bay Ave Newport Beach, CA Survey contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) HyRd.ographic System: Newport Bay (bay, estuary, lagoon, or harbor) Specific Location: N Lat +33.607455" (UTM, Lat./Long., datum, accuracy level, W Long -117.916158" attach electronic survey area map if possible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal Eelgrass within 15'-30' of project / disp xxxx No eelgrass in project / disposal site Description of Permitted Work: Replace existing dock, gangway, platform, platform and move (describe briefly the work to be one pile conducted at the site under the permits identified above) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 9 of 10 waw 8'G r as DIVE WORKS (949) 759-0773 1220 W Bay Ave 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey June 23, 2013 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 1' to 12' Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 740 Air 620 Water Salinity: Dominant flora: Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys conducted including type of survey DATE: June 23, 2013 (SCUBA, remote video, etc.) and survey methods employed, date of TIME :1130 AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 4' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions August 20, 2013 Property Address: 1220 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, ,the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.04 Weekdays and Saturdays. No person shall, while e grading, demolition, painting, plastering or any oth equipment or machine in a manner which produce: person of normal sensitivity who works or resid between the hours of seven a.m. and six -thirty p.r hours of eight a.m. and six p.m. B. Sundays and construction, remodeling, digging, grading, demolii building activity, operate any tool, equipment or noise that disturbs, or could disturb, a person of n vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the wat not encroach upon the neighbor's property on 9. Vessels may not extend beyond the end of beam except as otherwise noted in the Municip 10. The maximum beam of a vessel that is perm float is 38'. 11. The maximum beam of a vessel that is perm float is 13'. Lisa Walters, Harbor Resources Applicant Signature Joint Pier Applicant Signature (if applicable) 0 the following noise regulations apply: "A. ngaged in construction, remodeling, digging, sr related building activity, operate any tool, > loud noise that disturbs, or could disturb, a �s in the vicinity, on any weekday except i., nor on any Saturday except between the -iolidays. No person shall, while engaged in ion, painting, plastering or any other related nachine in a manner which produces loud )rural sensitivity who works or resides in the r along their same bearing. Vessels shall ither side. ie fingers by more than the width of its Code. Page 2 of 2 to side -tie to the westernmost side of the to side -tie to the easternmost side of the Name Name Date Date Date HARBOR PERMIT TRANSFERAPPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **pate of Applicaton: Ft ZII Imo. hermit Number. I l(D -�� **Property Addtess: i z i o czn B z Zo IBJ ,Qac &COQ e - r 'Buyer's Names.' ELIAS JOSEPH SABO, JR.. and CAP,0LINE SIEFERT, SABO Billing Address: i Z zo Wa_.,;-'i; A-y..K,,4.. `Telephone No. - �'=- 2�--4 1i'o.c Buyer's Signatures: **Seller's Names: ARCHAEOLOGICAL, LLC {Pierre Audre Senizergues, Managing Member, Seller's Signatures: Joint towner Signature: **Escrow Company: WEST COAST ESCROW *Address 140 Newport Center Dr . , 11100; Newport Beach, CA 92.660 'Escrow Number: ST -04259 --JM **Fax #: 943 721 5010 Closing Date- (Estimate): October 12, 2012- * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. �yw...r�wiwi...r..��r �.r.+..++..ar•� sr.�� �i......w.��.r..►ia+i+rir�.�•.rwwr.r.r.rit•�wi, Inspection Date: StQ4t-a Reinspe on Date., Fee Paid. eck No: Application Complete: , Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. -HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 **Date of Applicaton: permit Number: *.*Property Address: 'Buyer's Names ELIAS JOSEPH SABO, JR. and CAROLINE SIEFERT SABO Billing Address: Telephone No.: Buyer's Signatures: **Seller's Names: Seller's Signatures: Joint Owner Signature: Managing Member: **Escrow Company: WEST COAST ESCROW "Address 140 Newport Center Dr., #100, Newport Beach, CA 92.660 **Escrow Number: ST -04259 -JM **Fax #: 949 721 5010 Closing Date (Estimate): October 12, 2012 * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. �i�sv �...�iri�i.�i�.��.�.w� � a�� rim.. �. i.�.. �i������ r irrri�..i.���•i�i�i����i, Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. o H aw `�LiFOv September 5, 2012 West Coast Escrow Fax# 949.721.5010 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: 1220 W. Bay Ave. Escrow# ST -04259 -JM Dear West Coast Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, �iaa �a8 Lisa Walters NEST COAST ESCROW October 1, 2012 City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 RE: 1220 West Bay Avenue, Newport Beach, CA 92661 Dear Lisa or Chris, 140 Newport Center Drive #100 Newport Beach, CA 92660 Phone (949) 721-5000 Fax (949) 721-5010 Email: julie.mcmillan@westcoastescrow.com Harbor Permit Transfer Application, signed by the new buyer and seller. Escrow No.: ST -04259 -JM If you have any questions, please do not hesitate to contact our office. Your Escrow Officer e-mail address is julie.mcmillan@westcoastescrow.com ZulleSincerly, cMillan Escrow Officer JM iCS Sent via mail • MUM] M' Harbor Resources Department Date: Inspection Requested By: Inspector: Pier Address: l Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Reinspection Yes Need None Needed Yes Need IV I F_ Eelgrass Date Time Eelgrass Within 15' of Project Eelgrass.Within 15'- 30' of Project F] No. Eelgrass in Project Area 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 Map Output Page I of I 3m. mkl"� 10 http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 08/22/2012 NI:�HI DENOTE WATER. 11 div ' x a r (� At EEL CRASS INSPECTION ❑ Eelgrass within 15' of project CN 0 Eelgrass within 15 - 30' of project C � r(% No , elgrass in project area v� Signature Inspection Date & Time STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000•. - Long Beach, CA 90802-4302 February 1, 2008 (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of 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 - DOCK CONSTRUCTION Dear Mr. Rossmiller: Commission staff have,received information submitted as evidence of compliance with Coastal Development Permits -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 Existing Pier, Proposed Proposed Existing Proposed Additional Description Pier Platform, Float Gangway Piles Piles and Dock Dimensions and Pier Dimensions Tx 24' 3-16" Eelgrass survey 10/24/07" U-shaped, gangway; concrete (expires 3/1/08); Caulerpa 1210 W. Bay U-shaped 5'x 40' fingers; 4.5' x 44' fingers, 6'x 10'x 14' piles; 2-12" . survey 11/29/07. (expires Collins, Jim Avenue. 22' backwalk 20' backwalk pier I piles 2/27/08 _ 37-x.24'. 3=16" Eelgrass survey ,10/24107 gangway t concrete (eXpires 3/1/08) Caulerpa L2kt�11/ Bay U ed shap5 x, Smgle finger 10 z 44'_`piles; 2 12 survey 11129/07:(expires Collins, Jim _­40'fingers Avenue 22 'ackwalk" 10'x-50' 2/27/08 _add8 x'10' dock eetion, to. existing, - finger, and. install . _ Eelgrass survey 10/25/07 additional 4-14" 4-14" (expires 3/1/08); Caulerpa 301 Morningstar finger that is 6'x 117'(with piles to concrete survey 11/29/07 (expires. Meer, Ron Lane Single finger an elbow) remain piles 2/27/08 Single finger 6'x 120' with Eelgrass survey 10/25/07 pier, pier : (expires 3/1/08) Caulerpa platform, and Install 6'x 45' survey 11/29,107 (expires gangway (to dock L ons, Phil 36 Harbor Island remain) extension 2-16" piles I 2/27/08 4'x56' pier, 3' _ x 20' _. gangway (to _, Eelgrass survey 10/30/07. _ remain); 6',x 2-14" , (expires 3[1/08); Caulerpa 40 foot float (to be L-shaped; 5'x 40` with 5'x 6' concrete survey, 11/29/07 (expires Benford, Ray 501 N. Bay Front I removed lobepiles I 1! 2/27/08) . Commission staff have reviewed the informatioi'. a kited and determined that the above referenced dock construction projects conform with the submittal requirements established under Consistency Certification CC- 031-06.the Special Conditions `,of Coastal Developrnen •Permit 5-06-117. Please note that, the eelgrass and t. Caulerpa taxlfolia s�irveys"completed, are only valid -for a,limited time period and that additional surveys must be completed and'tlsubmitted to Commission staff for review ,if the praposed dock pr'eiecfs listed above do nota I. commence prior"to expiration of thea.nifial`survey "'In addifion,please note that this.'authorization shall expi'reY.orr October 23, 2009 and that all authorized work must be completed prior to that date ., �Firnally,� please; note<fihere: are , ongoing` obligations relative to water quality protection established in the authorization which mu kbe implemented:, for the entire life of the_8pproved development. 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 City of Condition Compliance - 5-06-117 Consistency Certification Compliance — CC -031-06 Page 2 of 2 Newport Beach. 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 or Mr. Mark Delaplaine at (415) 904-5200. 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 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2326 February 26, 2008 REPLY TO ATTENTION OF: Office of the Chief Regulatory Division Jim Collins C/O: Lisa Walters Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Collins: This is in reply to your application (File No. SPL -2008-0104) for a Department of the Army Permit for dock construction projects, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California (as shown on enclosed maps). This letter authorizes the Work at two project sites within Newport Bay (see table below). Site Address Proposed Dock Dimensions Proposed -Piles Area of Impact (Existing - Proposed) 4.5'x44' finger 4.5'x44' finger 3-16" pile 1.210 W Bay Avenue 6'x20'backwalk 2-12" pile Proposed docks are 578 3x24' gangway 10'x14'. sq ft or 0.013 acre larger pier. (862 sq ft -1440 sq ft) 10'x50' finger 5-16" pile 4220 W.WAWMe 3'x24' gangway 2-12" pile 10'x14' pier - I 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) N6.54. As long as you comply with the general permit conditions of RdP No. 54, an individual permit is riot required. A general permit does not grant any property rights or 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. Thank you for participating in our regulatory program. If you have any questions, please contact Yvette Cardenas at (213) 452-3418. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web-based customer survey form at: http://pert.pwp.usace.g,M.mil/survey.html. Sincerely, Jae Chung Senior Project Manager South Coast Branch Regulatory Division Enclosure r HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCTION APPLICATION CITY CHECKLIST Applicant Name: ��+�'� �•t� 1i1r1h Project Site Address: 122.C) LAD. N Ave.. ® Applicant address, phone number Agent name, address, phone number (if applicable) Project site address I Assessor's parcel number ® Project site latitude and longitude Description of proposed work (project must not deviate from the Standard Drawings) t9 Type of construction material used (concrete, wood, steel etc...): �l Scaled drawings (plan view and cross sectional view) �I Site address ® Location within the Harbor �I Location and dimensions of existing dock structure I Location and dimensions of proposed dock structure Location and dimensions of existing dock structures on adjacent properties ® Location of Bulkhead, Pierhead and Project Lines ® Photo(s) of project area at low tide (including 30' buffer area) 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 *Website: www.nevrport-beach.ca.us/HBR/ Dock Construction Application City Checklist Page 2 ® Eelgrass Survey ® Survey for presence of eelgrass within 30' of the entire project area ❑ Yes JK No Eelgrass within 15' of entire project area. Proiect not permitted. ❑ If any eelgrass is located greater than 15' from the project area, then no further monitoring required. Caulerpa Survey ® Survey for Caulerpa within 30' of the project area ® Project is over (check one box): ® City Tidelands ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area ® Completed Worksheet for Building /Fire Permit Application and proof of payment of Building Department fees Check for $60 made payable to Santa Ana Regional Water Quality Control Board ® Signed application ® AIC -City approved Approval in Concept I HARBOR RESOURCES DIVISION — -- 829 Harbor Island Drive v.12-14-06 Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DOCK CONSTRUCT ION APPLICATION Regional General Permit 54 CDP 5-06-117 & CC -031-06 Corps File No. 200501233 -DPS Water Board Consistency Permit Valid Until October 23, 2009 This Permit applies to residential dock construction projects only and includes pier, gangway, float and pile repair/ replacement. Bulkhead work is not permitted under this Permit. Applicant Name, Address, Phone Number: I Jim Collins 949.723.4701 1220 W. Bay Ave. Newport Beach, CA 92661 Agent Name, Address, Phone Number (if applicable): Swift Slip Dock & Pier Builders, Inc. 949.631.3121 2027 Placentia Ave. Costa Mesa, CA 92627 Project Site Address: 1220 W. Bay Ave. Project Site: Longitude: -117.91729 Assessor's Parcel Number: 047-232-05 Latitude: 33.60736 Description of Proposed Work (Project Must Not Deviate from the City's Standard Drawings): Remove and replace existing boat dock configuration. New float will be a single finger 10' x 50' and three 16" concrete pilings; 3' x 24' gangway' 10' x 14' pier platform and two 12" support pilings. Regional General Permit 54 Dock Construction Application Page: Type of Construction Material Used (concrete, wood, steel including any chemical treatment etc...): 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. FX Scaled drawings of the project (plan view and cross sectional view) FX—, Site address FX— Location within the Harbor F)7,� Location and physical dimensions of existing dock structure (float, pier, gangway, pile and bulkhead) FX, Location and physical dimensions ofproposed dock structure (float, pier, gangway, pile and bulkhead) Location and physical dimensions of existing dock structures on adjacent properties PK Location of Bulkhead, Pierhead and Project Lines Photo(s) of entire project area at low tide (including 30' buffer area), with emphasis on eelgrass FX Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required PK Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area Project is over (check one box): City Tidelands County Tidelands (State Lands Commission Dredge Lease Approval) F If applicable, check one box: The Irvine Company owner's approved area F Bay Island owner's approved area F Dover Shores owner's approved area Linda Isle owner's approved area Regional General Permit 54 Dock Construction Application Page 3 FX- Completed Worksheet for Building / Fire Permit Application and proof of payment of Building Department fees F Check for $60 made payable to Santa Ana Regional Water Quality Control Board 1, 1 Beth Swift for Swift Slip Dock & Pier Builders I (Applicant / Agent), hereby certify that the information on this application 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 54 (File No. 200501233 -DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for construction 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 harmless 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. I understand that any work authorized must be completed by October 23, 2009, after which a new authorization is required. Per the RGP Permit, all dock construction applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dock construction applications must be submitted to and received by Harbor Resources by the I' Monday of every month. Applications submitted prior to this deadline are encouraged and appreciated. / or W icy. 'BAY 3 I PRC jFIC OZRAIWEST JETTY1 VICINITY MRP ` E P 1L 1' 40' ate, , JETTY SOUNDINGS RRE EXPRESSED IN FEET RND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. Jc l J �/1✓�ii/t/ ✓ K p r �� EEL GRASS INSPECTION ` ) _, �� �2 ❑ Eelgrass within 15' of project v/ ` — { �� 1 h 0 Eelgrass within 15 - 30' of project Rio elgrass in project area ' f l-� � v��,��� Signature 9 Inspection Date & Time HARBOR R.ESOURCES DIV. CITY OF NEWPORT c Lo lE3 iQ j0� 1 6 PLAN VIEN I®W 40.E APPLICANT'S (u 5 JOH ADDRESS ° DATE 071 J HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new 10' X 50' float w/3-16" pile. New 3' X 24gangway per City Std. New 10' X 14' pier with 2-12" support pile per City Std. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 1220 W. Bay Ave. Legal Description: Harbor Permit Number: 116-1220 Plan Check Number: 2159-2007 Applicant: JB Collins Applicant's Mailing Address: 1220 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 )� They comply with the current adopted Newport Beach General Pian, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: ), Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources November 6, 2007 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 ------------- - - - - -- ----- - -------- - ------------- ------ --------- Map Output A --5- Page I of I al V -P, �C) blC e� AV http://www6.city.newpoit-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=nb... 12/4/2007 Date: Inspection Requested By: INSPECTION FORM Harbor Resources Department Inspector: Don Duffy Pier Address: 12220 CkD ° `R�" 4AV - Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow.Present Other Comments s Datel%o? Time /" �'r� ❑ Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project ANo Eelgrass in Project Area 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 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 Hoffinan, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: 29 November 2007 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Collins Name: 1220 W. Bay Avenue (address or common Newport Beach, CA 92661 reference) Site Coordinates: Approximately (UTM, Lat./Long., datum, 33° 36'26.76" N accuracy level, and an 1170 54' 58.74" W electronic survey area map or hard copy of the see attached maps map must be included) Survey Contact: (name, phone, e-mail) Debbie Karimoto, (949) 887-7041 (cell) (949) 830-1173 (fax & office). debkarimotocox.net Personnel Conducting Survey (if other than Same above):(name, phone, e- mail) Permit Reference: (ACOE Permit No., ACOE RGP #54 RWQCB Order or Cert. No.) Is this the first or second survey for this First project? Was Caulerpa Yes, Caulerpa was found at this site and Detected: (if Caulerpa is found, please has been contacted on date. immediately contact NOAA Fisheries or CDFG ersonnel identified above) xxxx No Caulerpa was not found at this site. Description of Permitted Work: Install new 10' x 50' float with (3) 16" piles, a 3' x 24' gangway per city (describe briefly the work to be conducted at the site standard, and a new 10' x 14' pier with (2) 12" support piles per city standards. under the permits identified above) Description of Site: Depth range: 0-8' -Tide varied between + 1.19' and .15' at time (describe the physical and of survey. Substrate e: Soft, silty sediment & compact, silty sediment biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Temperature: 63 ° Salinity: Normal bay range of 30-33 ppt Dominant flora: none Dominantfauna: Tunicates, Barnacles (Megabalanus californicus) Mussels (Mytilus califorianus) Stingrays Exotic species encountered None (including any other Cauler a species): Other site description notes: None Description of Survey Survey date and time Effort: period: 28 November 2007, 4 - 5 PM Horizontal visibility in (please describe describe the surveys conducted water., 5 feet Survey type and including type of survey (SCUBA, remote video, methods: Surveillance level SCUBA survey, etc.) and survey methods Diver swam transects throughout APE. Survey personnel: employed, date of work, and survey density Debbie Karimoto (949) 887-7041 (cell) Survey density: (estimated percentage of the bottom actually —30% of APE Survey limitations: viewed). Describe any limitations encountered None during the survey efforts. Other Information: (use this space to provide See map and site survey sketch any additional information or references to attached materials such as maps, reports, etc.) Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Site Address: 1220 W, Bay Avenue Newport Beach, CA 92661 -z Se 62JO OYahcdM,�:iWNavUq2OD7 Site Address: 1220 W. Bay Avenue Newport Beach, CA 92661 Blue outline reflects survey perimeter. All area within that perimeter was surveyed. Site Address: 1220 W. Bay Avenue Newport Beach, CA 92661 11/27,'200? 17:54 9496313122 S0WlFT5LlMXXPlER pArk, 02f% CITY OF NEWPORT BEACH rITr W to 4*' KM VJJW V 40' JXS MMM I "AM Mj W. 1-tJ7- 0, 5 CITY OF NEWPORT BEACH BUILDING DEPARTMENT P.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3288 FEE RECEIPT TARGET DATE jo.� : e/ -y 5-� Plan Check No �% i 7 Dat ��v Permit No. Received by: Received from Job Address Building Plan Check.......................................................................2900-5002 $ Harbor Resource Plan Check (Building) ....................................... 2900-4627 $ ZoningPlan Check.........................................................................2700-5003 $ GradingPlan Check...................................................................... 2900-5004 $ FirePlan Check..............................................................................2330-5055 $ Electrical Plan Check..................................................................... 2900-4612 $ PlumbingPlan Check.....................................................................2900-4616 $ Mechanical Plan Check ................................` .� ......................... 2900-4618 $ Ji Harbor Resources Plan Check ...................................................... 2370-4654 .- Overtime Plan Check - Building ....................................................2900-5023 $ Overtime Plan Check - Grading .................................................... 2900-5004 $ Overtime Plan Check - Planning ...................................................2700-5003 $ Preliminary Code Compliance Review .......................................... 2900-5002 $ Reinspection B E M P/Special Inspection ..................................... 2900-5008 $ ReinspectionFire............................................................................2330-5050 $ Temporary Certificate of Occupancy ............................................. 2900-5008 $ Underground Utilities Waiver ....................................................... 010-2225 $ Energy Compliance.......................................................................2900-5017 $ Planning Department Fees............................................................ 2700-5000 $ Sale of Maps & Publications (Planning)........................................2700-5812 $ Determination of Unreasonable Hardship .................................... 2900-5018 $ Public Works Plan Check......................................................... 5200-5002 $ Performance Deposits (Refundable) ......................... `...... 010-2201 $ Management Fee Cies Records Mana o g (Copies) )............. 010-2263 $ Subpoena Fees ........................................... ....... ...GS®......2900 5001 $ Other(Specify) ....................................... -. .......... ...................... $ TOTAL FEES C�1 � For Plan Check status log on to: www.city.newport-beach.ca.us/building, select On -Line Services or call (949) 644-3255 Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (f\feercpt. 08/29/07) Worksheet for Building Combo Permitp licationC�+ ' EWPo City of Newport Beach - Building DepartmenRBOR REs®UR >� Please print 3 copies 4, Q . �fmNEWPORT Gradinguilding [—Drainage [" .. EIec F- Mech [1::P:roject Address (Not mailing address) Uh Tenant Name(if Applicable) n S 2. Description of Work itA ................... Exist House SF Demo House SF Add/Reconstruct House SF ..................................... ,. # Units (if Residential) F777 Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF TOTAL HOUSE SF New Add Alter Demo..................-•.. ......... - TOTAL GARAGE SF nt Use Valuation $ Cu Yd Cut Cu Yd Fill # Stories — 6. Contractor's Name Last First Lic. No. ', �!J S/ JSP Class jj --i Contractor's Address `� '� mail Address .f ;.......®� :....... .......................... . ..... ....... .......... ............. : City r/1/� State Zi 7i Telephone/ OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1/18/07 ELEC/MECH/PLUM P/C PERMIT NO. PLAN CHECK NO. 7zl!)`'L"' I PLAN CHECK FEE $ , ! r® Please print 3 copies Worksheet for Building Combo Permit A�p� I" t" EW�Rr Beach Building De artmen m City of Newport g p t1HKBOR RESOUR CI F NEWPOR! R uilding Grading J�"Drainage �" Elec �? Mech um A a 1. Project Address (Not mailing address) Tenant Name(if Applicable) 2. Description of Work Exist House SF Demo House SF l Add/Reconstruct House SF # Units (if Residential) ......... Use� s .....:....................... ........................ ............... r Valuation $ f Exist Gar SF Demo Garage SF Add/Reconstruct Garage SF # Stories TOTAL HOUSE SF New Add Alter Demo Cu Yd cut .� [—:Demo TOTAL GARAGE SF Cu Yd Fill Check Appropriate Box for F, 3. Owner's Name LastI coS FirstF .......................................................... :............. ... ................. .... ... Owner's Address Owner's E-mail Address _..•. ,__.._.._ _..._ .... _.._.Y. ..._ . .............................................................. . f _ �.............................................................. FLT� City State p TelephoneZ... ......../........ " 4. Architect/Designer's Name Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address ..................................................................... ....................... City StateZip Telephone j— 6. Contractor's Name Last j ,��. �I�" First Contractor's Address City State ZiF OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Rev 1/18/07 ELEC/MECH/PLUM P/C Lic. No. �Q j lass �} 1 s mail Address 1 .....:................................:..................... Telephoned .......................1 PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ _ate N MY HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Install new 10' X 50' float w/3-16" pile. New 3'X 24' gangway per City Std. New 10' X 14' pier with 2-12" support pile per City Std. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 1220 W. Bay Ave. Legal Description: Harbor Permit Number: 116-1220 Plan Check Number: 2159-2007 Applicant: JB Collins Applicant's Mailing Address: 1220 W. Bay Ave., Newport Beach, CA 92661 Phone Number: 949 631-3121 have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find ) , They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: )k Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources November 6, 2007 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions November 6, 2007 Property Address: 1220 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 10. 11. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 30'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 Map Output Page 1 of 1 http : //www6. city.newport-b each. ca.uslservleticom. esri. esrimap. Esrimap? S erviceName=n... 10/16/2007 F - @ print copies r` Building f Grading F..Drainage f 1. Project Address (Not mailing address) tea cz Tenant Name(if Applicable) 2. Description of Work F.7 Elec r7 9 n Use ...............................................................................: Valuation $ ° ."c Exist House SF Demo House SF Owner's E-mail Address Add/Reconstruct House SF .......:...... ............. Exist Gar SF Demo Garage SF ;First Lic. No. Add/Reconstruct Garage SF Architect/Designer's E-mail Address #Stories Zip Telephone ........... . .. .................... .................... Engineer's Name Last j P t , FirstF `) Lic. No. y ...... ...................... ................................................... ,< ... ......... ... .........., :........ Engineer's Address TOTAL HOUSE SF Cu Yd Cut New :Add Alter :Demo maiylt f ]8 $' TOTAL GARAGE SF Cu Yd Fill l (`hack Annrnnriata Rnx for Annlicant 3. Owner's Name4II Last,/ First, Owner's Address Owner's E-mail Address City E�� State Zip Telephone :gas v'1 4. Architect/Designer's Nbime Last. ;First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City . ...........................? StateF Zip Telephone ........... . .. .................... .................... Engineer's Name Last j P t , FirstF `) Lic. No. y ...... ...................... ................................................... ,< ... ......... ... .........., :........ Engineer's Address ......... Engineer's E-mail Address /` 6 ta)Z ft's` s ...._....... ....` .. i................._.�.............................................................: ....... ............................................. -.t) l ,L.s City (", i State �.................................................: ... .... .......................................................................................... r € Zi Telephone ............................ P ¢ _ P# 4 ;_ 6. C- -- --- - ---- ontractor's- Contractor's Narne`.Last ; i /F b :f=irst Lic NQ . ¢ ,, Class 1 F ....................................... Contractor's Address _....................................... .........................................................: _......... ......................... PINVContractor's E-mail Address +h tia ..�tM L tlf T w ex k I # a %r a [gs 1. e R M-+' d;w Y.i ........ ...... Cityo State t ;�€ L� + CpiakPii P / Telephorjj..^ OFFICE USE ONLY ENERGY P/C FEE $ F PERMIT NO. ' ,:�, GRADING P/C FEE $'., PLAN CHECK lib. ... Rev 1/18/07 ELEC/MECH/PLUM P/C_ PLAN CHECK FEE $ '' August 2, 2007 Heritage Escrow Fax: 949.640.2299 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: HARBOR PERMIT TRANSFER Pier Permit # 116-1212 Escrow# 304 -21354 -JAM 1210 & 1220 West Bay Ave. FA. X E lejMU D The Harbor Resources division has received the completed & signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name. Thank you for your help. For further assistance in this matter, please contact me at 949.644.3044. Sincerely, Lisn vvnIters Harbor Resources Division MUM W CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 74 r; r July 3, 2007 Heritage Escrow Fax# 949-640-2299 Re: Pier Permit #116-1212 1210 & 1220 West Bay Ave. Escrow # 304 -21354 -JAM Dear Heritage Escrow, 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 and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call. Sincerely, j%ilQ A&V Lisa Walters Harbor Resources Division June 5, 2007 Heritage Escrow Fax # 949.640.2299 AXE m CITY OF NEWPORT BEACH Harbor Resources 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 Re: Pier Permit # 116-1212 1210 & 1220 Bay Ave W Escrow # 304 -21354 -JAM Dear Heritage Escrow, The dock was inspected by the Harbor Resources Division of the City of Newport Beach 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. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in outlet on the dock. 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." For your information only, the inspector did note some loose boards on the float. Please call me at 949-644-3044 to request a reinspection once these issues have been remedied. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, Bba 2Uaetm Lisa Walters Harbor Resources HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: 06/01/2007 Permit Number: 11(f -1V2 - Property Address.-' 1210 and 1220 West Bay Avenue 1 1, IT Buyer's Names: Oceanfront 13eve lopmenr, Ljju ..'.E;llHngAddress: ,20_.4Y - Telephone No.: cj Y 9— ")23 Buyers SignEitures: Seller's Names: Seller's Signatures: Howar/d B. Lawson and Jane B. Lawson Trustees U/D/T Dated September 29. 1976 as Amended ' i-%.amon P. f anerri, Successor Trustee _A_fit4-t4_a/U"W4 1,a4LXW Norman B. Lawson, Successor Trustee Isabel E. Segretti, Successor Trustee Joint 0wher Signature.-- - Esicroiw Company: Heritage .Escrow Address. 2101E. Coast Highway, #120 Corona del Mar, Ca. 92625 Escrow Number: 304 -21354 -JAM. Fax 949-6.40-2299 Closing Date.(Estimate): 7/23/2007 Inspection Date:' Q1151617 Reinspection Date: 3 d7 Fee Amount: Date Paid: Che6'ek Num'bor: Application Complet Harbor Resources SignaturelDate Special Conditions: This permit is revocable by the City Council In accordance with 7-Itte 17of the Newport Bea'dh Municipal Code.' PLE•JAVSZ SiGH a R " " RKI IlT @ TodTr JUN 12 2007 IU HARBOR PERMIT TRANSFER APPLICA7YON Date of Appiicaton: 06/01/2007 Permit Number: Property Address: 1210 and 1220 West Bay Avenue Buyer's Names' Ucea7ronE Development,.LLU Billing Address: Telephone No.: Buyer's Signatures: Seller's Names: Howard B. Lawson and Jane B. Lawson Trustees U/D/T Dated September 29, 1970 as Amended Seller's Signatures: Ramon S. Panetti, Successor Trustee, Norman B. Lawson, Successor Trustee Isabel E. Segretti, Successor Trustee Joint Owner Signature: Escrow Company: Heritage .Escrow Address. 2101 E. Coast Highway, #120 Corona del Mar, Ca'. 92.625 Escrow Number: 304 -21354 -JAM- FaX #: 949-640-2299 Closing Date _(Estimate): 7/23/2007 Inspection Date: Reinspection Date: Fee Amount: Date Paid: Check Number.: Application Complete: Harbor Resources ftnature/Date Special Conditions: This permit is revocable by the City Council In accordance with 77t1e. 97 ofthe Newport Beach Municipal Code. , HARBOR PERMIT TRANSFER APPLICATION Date of Applicaton: 06/01/2007 permit Number: Property Address: 1210 and 1220 West Bay Avenue Oceanfront eve opmen , Buyer's Names'. Telephone No.: Bayer's Signatures: Seller's Names: Seller's Signatures: Howard B. Lawson and Jane B. Lawson Trustees U/D/T Dated September 29, 1970 as Amended Ramon S. Panetti, Successor Trustee Norman B. Lawson, Successor Trustee Isabel E. Segretti, Successor Trus Joint Owner Signature: lo Escrow Company: Heritage .Escrow Address. 2101'E. Coast Highway, #120 Corona del Mar, Ca'. 92.625 Escrow Number: 304 -21354 -JAM Fax #: 949-640-2299 Closing Date.(Estimate): 7/23/2007 Inspection Date: Reinspection Date: Fee Amount: Date Paid: Check Number.: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council /n accordance with Title. l7 of the Newport Beach 1Vlunicipai Code. • WPO' HARBOR PERMIT TRANSFER APPLICATION OVL Date of Applicaton: 06/01/2007 Permit Number: Property Address: 1210 and 1220 West Bay Avenue cean ron eve opmen , Buyer's Names: •Billing Address: Telephone No.: Buyer's Signatures; Howard B. Lawson and Jane B. Lawson Trustees U/D/T Seller`s Names: Dated September 29, 1970 as Amended Seller's Signatures: Ramon S. Panetti, Successor Trustee Norman B. Lawson, Successor Trust��%' Isabel E. Segretti, Successor Trustee -Joint Owher Signature: bon Escrow Company: Heritage ,Escrow Address_ 2101'E. Coast Highway, #120 Corona del Mar, Ca'. Escrow Number: 304 -21354 -JAM. Fax: 949-640-2299 Closing Date .(Estimate): 7/23/2007 Inspection Date; Reinspection Date: Fee Amount: Date Paid: Check Number.: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable bythe City Council In accordance with Title. 17 of the Newport Beach Municipal Code.' 92625 City of Newport Beach - Harbor Division 829 Harbor Island Drive Newport Beach, Ca. 92660 Attn: Pier Transfer Dept. RE: 1210 And 1220 West Bay Avenue, Newport Beach, CA 92661 2101 East Coast Highway, Suite 120 Corona Del Mar, CA 92625 (949) 640-2225 Fax: (949) 640-2299 www.heritageescrow.com Date: July 27, 2007 Escrow No: 304 -21354 -JAM Enclosed please find Pier Transfer Application signed by Buyer and Seller. The escrow was closed on July 23, 2007 We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone number referenced above. Sincerely, THE HERITAGE ESCROW COMPANY Juliec Branc ager/Escrow Officer Jmc an@heritageescrow.com MW Date: Inspection Requested By: INSPECTION FORM Harbor Resources Department t)o— Inspector. Don Duffy Pier Address: Ja . Pier Transfer, GH Present Anti -Siphon / Backflow Present Other Comments � • Rei11 nspection 3®7�--- Yes Need None Needed r Yes�Nie ed 1 Eelgrass Date Time n Eelgrass Within 15' of Project Eelgrass Within 116'- 30' of Project n No Eelgrass in Project Area 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 Map Output Page 1 of 1 http://www6. city.newport-b each. ca.us/servleticom. esri. esrimap. Esrimap? S erviceName=n... 06/04/2007 EVISION rR CONSTRUCTION t3, } , r t 4t, C 71 i 4 � � a ` 2 'lie 1C t4 t. t. j•,C _. �? r.._,�„ `'" i,•�* } ' �.'� -� `t"� i` it � . h tiotT Ptak, C,; Yr, aLi A �4A11Le a -roc— y-q V PCINtTY SKETCN , 1 _...-_'. Pisco. ,a&co-.c5ez rn►s5 01 t ne I wAL& l7som7/— V, 5T, ...c 7- 137-4 1-4A Y Sty' PEIMSSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT REACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THL RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL IMI ACCORDANCE WITHTITLEiZ OF THE NIU L CODE. / f L -/2-/2- 2;2- PERMIT N®.-... DATE DREDGING APPLICATION Project Lccation: 1220 W. Bav Ave. Cubic Yards to be Dredged: 100 Met cd of Dredging: Nature of ?hedged Material: Canci I I tfi Disposition or Dredged Material:-ptro� ino t,_0rgrnrt t;0 'leach -reclamation aroa_ Method OL Material DisDos=tion: ?+ mol i ne traasco?�t -� Turbidity Control Method: gfcrjitno r?i v�ti+a,+ *roj r•,•i L� =Oct Of dredging on contiguous bulkheading and beaches 3einf ores arotect bulkhead -restore sar.d to deleted beach -� 7 - Mark Sites , hereby state that i have readArmv k print name) - CorDs Of engineers permit _Or maintenance dredging in ' ewmcrt Harbcr, City Of Newport Beach and Orange County Harbors,Beaches 'rd -arks D's`r=c- (1i aDDl=CaSJIe) per_ut Lvr maintenance dredging and t:': t 7 adde=d = �::e provisions therein. Additionally I guarantee that the prccosed draaginc ;gill not Occur because of any altering of existing use of the affected zone. Mrs. H. B. Lawson hpp�.lcant-type name) 2/6/88 (Date) T*�i'ra�navi-al il,+or7..ir,.. (Contractor -type :7a1c) Signed: Contractcr's Representative i CITY OF NEY/PORT BEACH HARBOR APPLICATION NO. li l + 4 T ,.,a a r'�J �t .; rl,n iia !t <c:. J 6 / 4 t ae. cA ♦, aw IK `�s f \ ' O-0 o woo< �y� a i >. �.�• � •aNp 1 fir? -` i' ."� 4 '-ter '' f r i5��,ti. � ..O Mry . a .:�`t a � --g- �: •+ .. 'e . c. �' ,.r '"' ��` .. -- ,. Q 47PEDc= E e VICIt�.t.TY SK�TCN -- /� .iCfrGE %.�'jD� �EwFOGI7 aAI�'Ci1ir•:vorinira' ✓ AGtaeE 9.9 :. ii/E't t! ��;? r2T .. ,?Lr' �1 c T.2aCT G � lam• BLOC.r � .GOT .34 . SO'.'�7C'jn05 are e:;brCs�Bci.:.iri �P.P� ono' a(��/ore .. _..J' 2f?, +�'s 5; .C?,'O:v /L9C0�'1. L o rv�r E. O .y : N/OnfF_ ✓: �: a. ✓iOX`FisiC.-in ronQc>. of ;f."off :..gnprvx:'rnOfe%.Y �'O yeer . :%rbor �iJc'S Q�e'e.s'oc.'rsheo /.�:1his 5ecr`Jo,� of tia�✓corr,.��s,0), 11 Y g7 s, L." e-�usnA-, • �� ' ' ;1 , � ". � '•5 ! j �,�� ' � , •� is � � � ADPL /G4rYT:S NSE". ✓ AGtaeE 9.9 :. ii/E't t! ��;? r2T .. ,?Lr' �1 c T.2aCT G � lam• BLOC.r � .GOT .34 CITE! OF ,NCWP0RT REACH HARBOR PERMIT PlRIIRISlf#Q* IS H ER16l6Y D3lANY CO TO CONSTRUCT Alta MAINTAIN THE rACILITY S14OWU OWTHE RVEVERSE ITI3tEar. AT T"t SITE INDICATED, SOMIrCT 70 wx i"movi+s30N; @t TO* "ARR&lt PERMIT !" OUCIXI4 Of NEWPORT BEACH AND ANV iPWAAL CO"ITiONS L€C"Vrn NlE fi3E;�i<. THIS pERF417 t+: NOT TRANSrXit ka#.E '!Vt T'HVUT THE C*NSEKT 01 THE CCTV HARBOR 0:0.,7}3 S:RTO DQE 0MY COUNCIL. TEi ff#GHTS GIVEk UN;PIR THIS %' -WiT t.Rr i"i;RM19—SIVE OKL� AND THIS P'i*fWT MAV 'E REVstKFO By Tmrs C;TT I ouNc!a IN ACC***A tlt 1A/ TH TITLE 17 OF RI}L"m00ACOt3E. / 400W CITY' OR PERMIT IQVED SUBJECT TO DREDGE MATER4AL SEING HAULED TQ SEA PLACED ON BEACH Gty. y ,dA, SPECIAL. CONDITIO : Corp Ot EnOnees POUR orange County Parte DREDGING Project Lccat.',.on: II 00 rabic 'lards to be Dredged: c� I Method of Dredging;—_�-r�+®s�111 Nature of Dredged tiat`rial: _a*d/Qi i Oia'p®SitiOn of Dredged Material: Dtrol-j,na m�+ov9ean++} }`� Qo want3IP3{"10'� �o Me`hod of Maternal Dispos®t®on: pj __j i'ZA tr8IISII04`t x T: hidity Control Method: ®�j,,.+e r?j ar.L.�.....e •vol rani ;-* . D-=ect of dredging on contiguous bulkirleadir_g and beaches eizafarce/protectbulkhQad�l-r®sto�� Qa�`o darlete3 beach �ar�� 5i to s e®sby state L.at T have read zhe u . S name) •.i�`i J Car. s of Engineers pe^ait:cr maintenance ddedcy: 7 in C- 1-- O Ve apOrt Beach 'v:'Ya Orange _ r age Coun -v Harbors, Beaches and _ _Zzks4 - J J `e_` (ii applicable) �% er it for T, n"n ...1. `e anc^c d -e dging - and that _ accem . 'Pro visions therein. Additionally I guarantee that the prcposed c?re-?gdnc will act occur because of any altering of existing use o.` the az=`c=ed .ore. T Q � nom® i npp scant -type name COnLraCdor-ty^e nri:e; Signed: Gate) Contractor ` s Representative 1/ 4,e, 3 TAAc7' f _ ., rt nn ens Y cc . •7 �, „ o &+r A;117 Caa,tIMACro& 144 DA re's.- :srx i ro Las r % M t! T M Aq. a t3 � �vs.vre4r t" s f+ Am a R TQ d swcOoA �rr4 eN lscwap T�""^'-r-7- cl 152C ® c a�8 w+wq K • V I cr J 0 T Y SKETCH wtss /FTI y� Cwsr ry tJtWPOAT DAY, G'AL lrO%eN/A .leery }� r o' rnots Sour7dings ore expressed m faef ond d®pths 6e%w tiieon lower Low Wooler. N1oxr.�vr. Pon a of tide !O Pee4. Horhor 4;7es . - are cz-lob/!'shed !n 7/hf's . Seci oo oY Newport Boy. 1/ 4,e, 3 TAAc7' f _ ., rt nn ens Y cc . •7 �, „ o &+r A;117 Caa,tIMACro& 144 DA re's.- CITY OF NEWPORT BF.i HARBOR R P ""`RMff HAULED TO S PERMISSION 0 HEREW 40111111000 110 r�'yAC'E ON MACH MAINTAIN THE FACLRY SWOON" AT THE SITE INDICAN MAN TO THE HARBOR PERMIT ANY SPECIAL CONDMONS US= lEM�► IS NOT TRANSFERABLE YYlfi101A wWINiO� � THE CITY HARBOR COORDWXM ON { OOH RIGHTS GIVEN UNDER THIS P~ AN int AND THIS PERMIT MAY BE REYOREH i1t 7tNE Z'ir 1► IN ACCORDANCE WCf T- , ,'-TW OOIMtf. Tva k f4. „� {f "i 5NDn���;Pg��nF''3�tp -�� CITY HAp§OR COORONUM_ F m i ; u 07-Z- J( A54A', rA!rAPAc ro+o M, , ,F .x 7S 75'rAcr As �./ ✓3 / /%LLui tits ����.�, R TQ � •w,tdoA D .�"" pp e4 t rsa ..ct"`1 ��/q/ _. Gam, • ��+ a''+ �'' � 4041 MI o •ViCI !fit I TY SKETCH -"r /S?ry /(,!cu. p� S �At'✓r/ ;V� d NRwooRt SAY CAL I�o�AilA lsrr'- / w ar-,Y y / w SOund�»qs ore expressed /n feed and o�sno�e d®p�l,s be/ow 00�ep,7 Loa+/ei Cow 1✓o�er. Nlox/nwsas ronye o{ fide 4pProx/r»p�•ly /D Ace,( Horbor O,rfts are eaiob//'shsd M %his sec�ios . efNewPo.f Sod: F m i ; u 07-Z- J( A54A', rA!rAPAc ro+o M, , ,F .x 7S 75'rAcr ciTY OF NEWPORT BEA _ HARBOR PER ff PLkCED BEACH PERMISSION IS HEAEo9Y GIMMM91 TO .AINTAIN THE FACM.lIY 0IG 0 OM 70... .. AT THE SITE INDICATED. VAJw7iRE P THE HARBOR PERMIT POSOf ANY' SPECIAL CONDITIONS IAIITiIOIiT? IS NOT TRANSFERABLE iMEW THE CITY HARBOR 600ROL4 RIGHTS GIVEN UNDER THIS PEIMNif iii CRY C0IMICL AND THIS PERM1M=a;; 'EREVOWD IN ACCORDANCE n y e s tic ,-cT NO. DATE CITY OF NEWPORT BEACH FIRE MARINE E E5PARTMENT HARBOR PERMIT APPLICATION (Please print all information) . Z ZO ., /4 q t4 u r� V �-6rLs+ pe¢ e 9'466 / 6'70 - v F VO 1. Applicant (Property Owner) Address Telephone 2. Project Address (Street Address) Harbor Permit Number 3. New Construction Revision Maintenance Dredging ¢ / o 4. Fee 7 41) Check No. �?7 i�y Date 5. Brief Description of Proposed Work: (ee.e�L-_ i'tCt�9 E 2 CPep(e�� t2o tE� L LALw.Ve- ®v, N e�: PGce.z i t± iy+a s K'(C K 9 to u ifs , 6. Submit 8 1/2 x 11" Drawings (3), Include: 1. Location and dimension of proposed structure. 2. Location of bulkhead. 3. Location of properly lines and lot size. 4. Location of channel markers within 200 feet of proposed project. 5. Existing ground profile, and area and profile of any dredging with elevations showing depth relative to MLLW. 6. 'Elevations of top and bottom of piles and bulkheads with respect to MLLW. 7. Any special conditions affecting the construction or affecting boating operations. 8. Owner Builder/Contractor Declaration/Insurance Information. 7. Owner -Builder Declaration must be completed (on reverse side of this sheet) 8. Applicant's/Agent's Signature: <� Date: -31-2-1 &Z 9. Work can begin once the City has received evidence of the following additional approvals and you have been notified to proceed. If you begin prior to the notice you will be in violation of the Newport Beach Municipal Code and subject to penalties. 10. Your permit will not be final until we have conducted an on site inspection once construction is completed as per Municipal Code, Section 17.24, if we havenot been contacted for 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. Issued. (Permit is stamped drawing. I/ Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date - --� Date Date 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). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does 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 Contractor'(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Date: ./.16,,/9 Contractor: Ccs© Telephone: 72 0 `7 Z Address: 1906 C lay A&.1et- Akc _, c(t v License class State Board No. 722 /173 City License No. CI ©tea 5/3 19"96 No' Sc{,2Ll' o Pd 9 7 fljA', LICENSED CONTRACTOR'S DECLARATION 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: .3/z 7 �J7 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 HtPLY TO ATTENTION OF: Office of the Chief An 6 sr Regulatory Branch City of Newport Beach Attn: Tony Melum, Tidelands Administrator Post Office Box 1768 Newport Beach, California 92659-1768 SUBJECT: NOTICE TO PROCEED Dear Mr. Melum: Reference is made to your letter received March 11, 1993, in which you notified the Corps of Engineers that Mrs. H.B. Lawson intends to maintenance dredge approximately 390 cubic yards of material by hydraulic suction from 1200 Block West Bay Avenue 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 Mrs. Lawson 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 CITY OF NEWPORT 'EACH HARBOR APPLICl ;10N N0o!j/�wil., �• �7 ' �. � � M.G.L .✓ -. •'/fL � BC �� - �� � .Q O BAGHOA + \ \ � ' v 1C t 4.17Y` SKF T C H -34 N�.wbOAT=Ba ct:; 50 '"d<rs45. nre e,j>rzr55ed. :.ia Aee a'»d. denq>e ` o�P.•sns �(xBl�ry .%�-?CCt✓f:, "Lower Lo.rr. L✓o'fcr. �Yloxinc.m ronQ2 xsF R�iRirYC : R/Pf�o�c:rno.>l�I,r pre'>`e -164 She�.d-..ire �h.5 `5ec ro.� o.f ,tia oo�r 17' 4, �gY # 7 ; f l +'XS'/ems ;• '"�: i' iS _ s - i 4 _ �r� ' r' { N. • 3u t € ,yt ' ! AAAC/C4NrS /f"M-5 . Arl TRACT LJ.PAiYN Y - t1.4 TcSr -`ERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HE N. THIS PERMIT IS NOT Ti ANSFERABLE WITHOUT THE RITTEN CONSENT OF- THE ESHE t -! HARBOR COORDINATOR R CI �1' COUNCI E RlGHI:. GIVEN UNDER THIS PER AREERMISS ONLY AND THIS PERMIT MAY BE REV ED Y E C COUNCIL !N ACCORDANCE WITiull iE 1 O B MUNIMAL COEF v'CllY HARBOR COORDINATOR ; ERMIT NO. DATE 'd Mcg d' vi tL r -nIQ v a 1 � 1411 �^*� 1 p+q �i (/ X d? t t *fit, :♦ , f' �i r 3 i S I v N Np - 3 cit Yd" s o ! I' 5 ;T; 6 A •w`5>,+ry" ---�.. !4A'.JLPu— To SSA _ ._ __.� VIC) NITY SKETCH it f '� � w Y ✓���' ��.� �' s',"t �'.. ' ��" ..yt�—�.__..., .._.v... P 2a C 2.'T � X 4 3 j -•�� _ _ ..._ _....�*'� _,._...,. �l r l� °-- - 4 V. 24 -- � �•t . � t � _ _ — X �rf'SLIP d = .------p�JCte4� t -=R L.E 5 s -� - t T O C3 e `3 ED t Aa _ ... . e t 'x. r X: 5 —dpi Pt�12 1 s ___!w_. _ ... - �— sz�' _... d d --�-�--fir• G/.5"^1rc�i t f i f � 1 i SLA -A� i 1 t ° ; I �d 7±4 157 XP d r e , s r t [:IG %l9wJ�lrr- .Q „pC+ CITY OF NEWPORT BEACWHARBOR APPLICATION lm� CITY OF NEWPORT BEACH 141ARBOR PER WERRUSSiON Q HEREBY la -PANTED TO C0?N.PSTpwZUCT AMC, ar REOF iA.324 TFE FACZ�Ll`�' TNE. REV -7,,SE HE AT THE SITE WA .e SUEa:�T TO 0i YHE HARSOR P110z'T OF BEACH AW ANY SPEWAL ;-�!STED Tvils PERM 16 NOT lWANSFERAELA WaTHO,:'7' 7HE' CQ�NSENIT 0 .!E `v Ty CGORDMATZ", C�7-1.' Tli RIGHTS GIVEN UNEW Vq'�S ORL WD THIS 211i'11111'1SE pgzlkf: 11-1 ED ��y THE' CITY COUNCE, 'N ACCORDANCE �AWTN TME .17 OF THE WgUNUCIPAL CODE. yrl 7t, T ELM coos (arm, CITY OF NEWPORT, ®EACH HARBOR APPLICATION CITY OF NEWPORT BEACH TO: MAYOR AND CITY COUNCIL FROM: Harbor & Tidelands Administrator SUBJECT: HARBOR PERMIT APPLICATION NO. 116-1212 APPLICATION TO: November 91 1970 ITEM NO. H-1 Revise the harbor facilities bayward of 1210 and 1212 West Bay Avenue. APPLICANT: Mr. Howard B. Lawson RECOMMENDATION: If desired, approve Harbor Application No. 116-1212. SITUATION: Mr. Lawson is the owner of Lots 8 and 91 Block 3, Tract b26.`—A-E-present, there is a pier, ramp and slip bayward of each lot. The facilities bayward of Lot 9 (1210) are in poor condition, and Mr. Lawson desires to rebuild the two facilities to include a pier, ramp, and double slip. DISCUSSION: Prior approval of the City Council is required because the Harbor Permit Policies allow only a single slip bayward of a single parcel of land. Approval of the U. S. Corps of Engineers has been applied for but not yet received. No difficulty is anticipated in obtaining Corps of Engineers' approval. Mr. Lawson has been engaged in extensive remodeling and improvement of his property. I feel that the revision of this facility into one double slip would be an improvement over the present situation. The upland property includes a dwelling on. Lot 8 and a swimming pool with landscaping on Lot 9. Mr. Lawson has two large boats, one 57'ft.'and one 50'ft. in length. These boats are presently moored in his two single slips and will be located in the double slip if this application is approved. All residents within 300 ft. have been notified by mail, and there has been no response either pro or con. G. M DAWES GMD/db Attachment 1"1 . w city o NEv�POR ' B,EA�� ` a R til—X P� C�1Tl. 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THE HARBOR Pec.$r"MIT POS..ECiES OF :145 �fFORT BEACH ANN ANY SPECIAL CCND TiGNS i.IE TED C•IE IE R. TINIS P'ERR4' IS NOT TRANSFEi`t3BLE W-Tl-rl0V%T e'igE WE i. -TEN CONSENT TETE CITY HARBOR CbaORWBATOR OR CITY CGUN Cr L. T::� RIGHTS GIVEN UNDER THIS PERIVH T ARE PERMiSS9YE AND THIS PERMIT MAY LIE rUE-VOKEC BY THE CITY CCE.:NL., IN ACCORDANCE WITH TT�ETLEE 17 OF THE M63{°S5C&Cs'AL is CITY HA O CCOi3 PERM IT IV DATE SPECIAL, CONDITIONS: Corps -of Engineers Permit Orange County Permit Other: Co CA K C " / //-9 - /"'�