HomeMy WebLinkAboutM2006-0012CITY of NEWPORT BEACH
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SCALE IN MILES
PROFILE V ICINITY MAP
1 30, I.NEWPORT HARBOR, CALIFORNIA
NOTES:
1) MOVE GANGWAY ZEAST
2) ADD 14"CONCRETE ANCHOR PILE
2.0'
HARFIBOR RESOURCES DW.
CITY OF NEWPORT BEACH
'—'—L OP—ASS MSPECT�lr','N
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--- -- SIGISLATURE
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18"—� 8- � 9- P EIR f�d IT $
30'
APPLICANTS NAME -LARRYBUCKELEW
JOB ADDRESS 1432 WEST BAY AVE.
RACT 626
B LO C K 1
S.J.13.
LOT 4
ONTRACTOR D A T E 12/05
WORKSHEET FOR BUILDING / FIRE PERMIT APPLINNOR RESOLIFICES DIV.
CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
f I=A-ql= PRINT nR TVPF= w
l.'PROJECT ADDRESS (NOT MAILING ADDRESS)
FLOOR
SUITE NO.
I �- ?, - —` UJe5i Q--,as,�
LEGAL DESCRIPTION
No. UNITS
LOT 4 BLOCK TRACT (0 -2- (p
2. DESCRIPTION OF WORK 0—,�5,p i USE
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NEWXCJ-1 ADDF-1 ALTER E]
Check Appropriate Box for ADr)licant
DEMO E]
# OF STORIES
VALUATION 4L04 —c --b
SQ FT
(NEW/ADDED/EXTG)
F] 3. OWNER'S NAME LAST FIRST
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OWNER'S ADDRESS
OWNER'S E-MATADDRESS ----a
CITY STATE ZIP
PHONE NO.
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* 4. ARCH ITECT/DESIGNER'S NAME I -AST FIRST
LIC. NO.
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I
ARCH ITECT/DESIGNER'S ADDRESS
ARCH ITECT/DESIGNER'S' E-MAIL ADDRESS
14 7
CITY STATE ZIP
PHONE NO.
f -2- (o,5- 7
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* 5. ENGINE5R'S NAME LAST FIRST
N2 ACH
CITy C*
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADJOIF1 7 Z0005
CITY STATE ZIP
PHONE NO.
* 6. CONTRACTOR'S NAME
BUSINESS LIC.
STATE LIC.
No. Class
CONTRACTOR'S ADDRESS
CONTRACTOR'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
OFFICE USE ONLY
Lor -
PERMIT NO, a: 11
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY- GROUP PLAN CHECK ENG.
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
April 5, 2006
Property Address: 1432 W. Bay Ave., Newport Beach, CA
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport
Beach Municipal Code. The pier permittee understands that the above referenced pier is under the
purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and
any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in
nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system under
consideration. Any future modifications or alterations to the dock system may require new conditions
which may override or change these conditions. 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. The side property lines extend in the water along their same bearing. No moored vessel shall
encroach on these lines.
6. The dock float will be permitted to extend to, but not cross the U.S. Pierhead Line.
7. A moored vessel may not extend beyond the end of the fingers by more than the width of it's beam.
8. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 18'.
9. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 9'.
A)
Mike Ure,
r Resources
Date
Applicant Signature Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
Pier Permit Conditions
April 5, 2006
Property Address: 1432 W. Bay Ave., Newport Beach, CA
With reference to the plans currently under consideration to reconfigure or modify the dock
system, the following conditions will now be in effect on the above referenced pier.
1. The pier permiftee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport
Beach Municipal Code. The pier permiftee understands that the above referenced pier is under the
purview of these Policies and Codes.
2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and
any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in
nature does not require a permit.
3. The conditions set forth in this document pertain to the current, proposed dock system under
consideration. Any future modifications or alterations to the dock system may require new conditions
which may override or change these conditions. 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. The side property lines extend in the water along their same bearing. No moored vessel shall
encroach on these lines.
6. The dock float will be permitted to extend to, but not cross the U.S. Pierhead Line.
7. A moored vessel may not extend beyond the end of the fingers by more than the width of it's beam.
8. The maximum beam of a vessel that is permitted to side tie to the westernmost side of the float is 18'.
9. The maximum beam of a vessel that is permitted to side tie to the easternmost side of the float is 9'.
Signature:
Mike Ure, Harbor Resources
Date
nature '"" Print Name Date
Joint Pier Applicant Signature (if applicable) Print Name Date
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Sections 13210 and 13211.
General Description of Proposed Development: Remove and replace
existing dock system and 5 piles. Install new 8'x 51'finger float with 3 pile, 4'x 24'
gangway and 1 O'x 14' platform with 2 T -piles.
Address number must be stenciled on at least 1 bayward.facing pile.
Fier conditions must be signed by applicant prior to final approval.
jProperty Address: 1432 W. Bay Ave., Newport Beach, CA
Legal Description:
Harbor Permit Number: 118-1432
1131an Check Number: 1584-2005
jApplicant: Larry Buckelew
Applicant's Mailing Address: 1432 W. Bay Ave., Newport Beach, CA
Phone Number: (949) 642-2674
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered
in the application.
Page 1 of 2
And find
They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted hereunder, this development:
X Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach. See attached
conditions to the pier permit.
Tom Rossmiller, Manager, Harbor Resources
re:
Mike Ure, Harbor Resources
April 5, 2006
Attachments:
Worksheet for Building Permit Application
Drawing
Pier Conditions
Page 2 of 2
.-CITY of NEWPORT BEACH
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PROFILE
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ill 301
NE W P'O R T HARBOR, CALIFORNIA
HARBOR RESOURCES D1
NOTES:
CITY OF NEWPORT BEACH
11) MOVE GANGWAY ZEAST
EEL GRASS MSPECT M
MINO EEL GRASS WITHIN 160F PROJECill'
2) ADD 14"CONCRETE ANCHOR PILE
0 �PR SINT OJECTAREA
.SIGNATURE
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18-'-� 8'�- 9'A PERMIT # DATE
71
80'
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5'
SITE�
SJ.13.
APPLICANTS N . AME LARRY BUCKELEW;
TRACT 626� B L.0 C K A L'O T 4:
POB ADDRESS W2 WEST BAY AVE.
CONTRACTOR DATE 12/05
Y of NEWPORT BEACH
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SCALE IN MILES
VICINITY M�AP
-NEWP ORT HA , BOR, CALIFORNIA
NOTES: EEL GRASS INSPECTION
NO EEL GRASS WITHIN 15'OF PROjEG`[
1) REMOVE AND DEMOLISH EXISTING Cl EE GRASS I )HE PROJECTAREA
PIER, GANGWAY, SLIP FLOAT AND
5 - PILES.
vj�
2) INSTALL NEW "8'X 51'FINGER FLOAT SIGNATURE
WITH 3 - PILES, 4- X 24- GANGWAY AND
1 O'X 14'PIER PLATFORM WITH 2 - T -PILES. L o Ly5
PERMIT # DATE
7-
20' 18"-� 8' 9--A
- HARBOR RESOURM DIV.
\kNPORT BEACH
�, � 45,�
QITY OF NE
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S.J.B
APPLICANTS NAME LARRY BUCKELEW TRACT 626 BLOCK LOT 4'
JOB ADDRESS 1432 WEST BAY AVE. CONTRACTOR D A T E 12/05
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CA LIFORNIA COASTAL COMMISSION
SOUTH COAST DISTR.ICT OFFICE
P 0 BOX 1450
200 OCEANGATE 10TH FLOOR
LONG BEACH, CA 90802-4325
(562) 590-5071
ARNOLD SCHWARZENEGGER, Govemor
WWI
, Di
AMENDMENT TO COASTAL DEVELOPMENT PERMIT
Date: May 18, 2006
Permit Application No.: 5-05-381 -Al
Issued to:
Larry Buckelew
for:
Demolish and remove existing pier, gangway, U-shaped slip float and five piles and
replace with new 8'x 51'finger float with three piles, 4'x 24'gangway and 10'x 14'
pier platform with two "T" piles.
at:
1432 W Bay Ave, Newport Beach (Orange County)
has been amended to include.the following changes:
Move location of proposed gangway two feet east and installation of one additional
14 inch diameter, concrete anchor pile (bringing the total number of anchor piles to
four).
This amendment was determined by the Executive Director to be immaterial, was duly noticed,
and no objections were received or the Commission concurred with the Executive Director's
determination of immateriality (Sec. 13166 (b)(2)).
This amendment will become effective upon return of a signed copy of this form to the
South Coast District Office. Please note that the original permit conditions are still in effect.
Sincerely,
PETER M. DOUGLAS
Executive Director
By: Meg Vbughn
Coastal Program A40
ACKNOWLEDGMENT
I have read and understand, the above amendment and agree to be bound by its
Conditions and the remaining conditions of Permit No: 5-05-381.
Date: Signature:
AM ENDMENT TO COASTAL DEVELOPMENT PERMIT
Date: May 18, 2006
Permit Application No.: 5-05-381 -A I
Page 2 of 2
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit i s not valid and development shall
not commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is
returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date on which the Commission voted on the application. Development shall be pursued in
a diligent manner and completed in a reasonable period of time. Application for extension
of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved
by the Executive Director or the Commission.
4. Assignment., The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission. and the permittee to bind all future
owners and possessors of the subject property to the terms and conditions.
Y of NEWPORT BEACH
LU TO L.B_
U-1 K
80' 1.620' �j
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0
3.00'
7.0'� 0 IML
8.0'
SCALE IN MILES
PROFILE V.11CINIT-Y- MAP
30 NEWPORT HARBOR, CALIFORNIA
NOTES:
RECEIVEl) Mt,7160FR RESOURCES F�lv.
"O'jt' COOst Region CITY OF NT�NPORT , BEACH
11) MOVE GANGWAY ZEAST
2) ADD 14" CONCRETE ANCHOR PILE APR 4 2006 51/iN 0 E E L G R A S S" W' I �T"H` �I'N 5 O"'F� 'P R C)JEE"
0 EELGRASSI =ER 0 J E C T A RE : A
-CALIPORNIA
CbASTAL COA�MISSett
SlOWURE
z 0 - OT
20'
8'� 9'� PER101T 4
Qustal Conumssion
'Q:mt I[Xistrict Office
80, NEW
p1l F:
---- -------
Date:
fi2.4'1
Ll
14'
30'
_4
35'
21
[51
SITE'
S.J.B.
APPLICANTS NAME ;LARRYBUCKELEW TRACT 626 B L.O. C K 1 LOT 4
JOB ADDRESS 1432 WEST BAY AVE. CONTRACTOR
DATE 12/05
OfTy�'_ of NEWPORT BEACH
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8.50'
0 1 1 IML
SCALE IN MILE
PROFILE
VICINITY
A P
XARBOR,
30'
_N_EWPORT
CALIFORNIA
NOTES:
I
EEL GRASS INSPECTION
REMOVEAND DEMOLISH EXISTING
PIER, GANGWAY, SLIP FLOAT AND
A NO EEL GRASS WITHIN 15'OF PROJE
5 - PILES. 9 1! .
0 EEL GRASS IN THE PROJECTAREA
2) INSTALL NEW_;IeX 51'FINGER FLOAT
L12 r i �� milic",
WITH 3 - PILES, 4'X 24'GANGWAY AND
I O'X 14'PIER PLATFORM WITH 2 - T -PILES.
SIGNATURE
�/ (43 z 6 1201a�;_
7
---PERM1T#--
2 0' 18'-�-t 8' 9'4
----HARBOR RESOURCES DIV.
CITY OF NEWPORT BEACH
I
<�:7h,,l� Milk; 6
Califomia Coastal Cothmission
South Coastpistr t 6f.fice.
�E
38
24'
&PRO'N/
10,
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pFEcr1VE
D ate: ------]Digs,
j,
35
2
Ff c -M -
SITE
U.B.
A P P L I C A N T S N A M E LARRY BUCKELEW
TRACT
626 B L 0 C K 1 LOT 4
JOB ADDRESS 1432 WEST BAY AVE.
CONTRACTOR DATE 6/05
STATE OF CALIFORNIA --THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTF-t-COAST DISTRICT
PO Bo� 1450
200 Oceangate, 10th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
www.coastal.ca.gov
ARNOLD SCHWARZENEGGER, Govemor
Date: November 28, 2005
Permit No. 5.05-381
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on November 1, 2005 and was reported to the
Commission on Thursday, November 17,2005 is now fully effective.
Development of your project is subject to compliance with all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive irector
By: LAUR14A (OWENS
Coastal Program Analyst
dt CALIFORNIA COASTAL COMMISSION
;��' ;14'
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CAUFORNIA COASTAL COMMISSION Permit Application No. 5-05-381
South Coast Area Office
200 Oceangate, Suite 1000 Date: October 27, 2005
Long Beach, CA 90802-4302
(562) 590-5071 Page 1 of 6
Fri 3b ADMINISTRATIVE PERMIT I
APPLICANTS: Larry Buckelew
PROJECT
DESCRIPTION: Remove and replace existing U-shaped floating dock, pier and gangway and
five piles and replace with new 8'x 51'finger float with three piles, 4' x 24'
gangway and 10' x 14' pier platform with two "T" piles.
PROJECT
LOCATION: 1432 W. Bay Avenue, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Friday, November 18, 2005
9:00 a.m.
Westin LAX
5400 West Century Boulevard
Los Angeles, CA
(310) 216-5858
IMPORTANT - Before you may proceed with development, the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you. must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT,
YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF
PERMIT EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Laurinda R. Owens
Title: Coastal Program Analiit
5-05-381 -[Buckelew]
Administrative Permit
Page 2 of 6
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized, agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any 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 four to six.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the 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 DescriDtion
The subject site is located at 1432 West Bay Avenue in the City of Newport Beach (Exhibits #1-2).
Single-family residences characterize the subject site and the surrounding area. The proposed project
(Exhibit #3) involves the removal and replacement of an existing U-shaped floating dock, pier and
gangway and five piles and replacement with a new 8'x 51'finger float with three piles, 4'x 24'
gangway and 10'x 14' pier platform with two "T" piles.
The dock project will be used for boating related purposes to serve a single-family residential
development. The site has been'surveyed by the City of Newport Beach Harbor Resources' Division for
eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition, Special
Condition 3 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of
5-05-381 -[Buckelewl
Administrative Permit
Page 3 of 6
construction. The 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, subsequent surveys will be required. Special Conditions 2 and 3 identify the procedures.
necessary to be completed prior to beginning construction in the case the surveys expire prior to
commencement of construction. In addition, Special Conditions 2 and 3 identify post-c6nstruction
eelgrass and Caulerpa taxifolia procedures.
Public access is available at the street -end of 15 th four blocks to the west and also along Bay Avenue
where there is an existing walkway/bikeway/accessway. The proposed project has received an
approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water
Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact
water quality if standard construction methods and materials are used. The applicants have applied for
a permit from the U.S. Army Corps of Engineers.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
C. Water Quality
The proposed work will be occurring on, within and 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.Executive Director 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 Executive Director requires the continued use and
maintenance of post construction BMPs. As conditioned, the Executive Director finds that the
development conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the City of Newport Beach to prepare a Local Coastal
Program that is in conformity with the provisions of Chapter 3.
E. California Environmental Qualltv 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 Executive Director finds. that the proposed project, as conditioned to
mitigate the identified impacts, is the least environmentally damaging feasible alternative and is
consistent with the requirements of the Coastal Act to conform to CEQA.
5-05-381 -[Buckelew]
Administrative Permit
Page 4 of 6
SPECIAL CONDITIONS:
1. Water Quality
A. Construction Responsibilities and Debris Removc1l
(1) No construction materials, equipment, debris, or waste will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal waters and
any debris discharged will be removed as soon as possible but no later than the
end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
B., Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water -borne berthing of
boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used, and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste, Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials, oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will
5-05-381 -[Buckelew]
Administrative Permit
Page 5 of 6
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Management Measures:
a. Oil absorbent, materials shall be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of
them in accordance with hazardous waste disposal regulations. The boaters
will regularly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills. Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas. Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Eelgrass Surve /'
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and Game. The applicantshall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of each eelgrass survey and in any event no later than
fifteen (115) business days prior to commencement of any development. If the eelgrass
survey identifies any eelgrasswithin the project area, which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a minimum ratio of 1.21 (mitigation: impact). The exceptions to the required 1.21
mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall
require an amendment to this permit or a new coastal development permit unless the
Executive Director determines that no amendment or new permit is required.
5-05-381 -[Buckelew]
Administrative Permit
Page 6 of 6
3. Pre -construction Caulerpa Taxifolia Surve
-Ai Not earlier than 90 days- nor later than 30 days prior to commencement or
re -commencement of any development authorized under this coastal development,
permit (the "project"), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas the applicant shall not
proceed with the project until 1) the applicant provides evide�ce to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
applicant �has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicants' Signature
Date of Signing
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APPLICANTS NAME LARRYBUCKELEW
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STATE OF CALIFORNIA —THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT
PO Box 1450
200 06eangate, 16th Floor
LONG BEACH, CA 90802-4416
(562) 590-5071
www.coastal.ca.gov
X/f - -7 6 � - 2- 3 -7 0 Date: November 28, 2005
/'d " 5 C - l Z 'r 670
Permit No. 5-05-381
NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS
Please be advised that the Administrative Permit with the above permit number
which was sent to you on November 1, 2005 and was reported to the
Commission on Thursday, November 17, 2005 is now fully effective.
Development of your project is subject to compliance With all terms and conditions
specified in the Administrative Permit.
Should you have any questions please contact our office.
Sincerely,
PETER M. DOUGLAS
Executive Pirector
By: LAURINDA OWENS
Coastal Program Analyst
dt CALIFORNIA COASTAL COMMISSION
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA COASTAL COMMISSION
South Coa�t Area Office Permit Application No.5-05-381
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 Date: October 27, 2005
(562) 590-5071 Page 1 of 6 Q�
Fri 3b ADMINISTRATIVE PERMIT
APPLICANTS: Larry Buckelew
PROJECT
DESCRIPTION: Remove and replace existing U-shaped floating dock, pier and gangway and
five piles and replace with new 8'x 51'finger float with three piles, 4'x 24'
gangway and 10' x 14' pier platform with two "T" piles.
PROJECT
LOCATION: 1432 W. Bay Avenue, Newport Beach (Orange County)
EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special
conditions, appear on subsequent pages.
NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is
reported to the Commission at its next meeting. If one-third or more of the appointed
membership of the Commission so request, the application will be removed from the
administrative calendar and set for public hearing at a subsequent Commission meeting. Our
office will notify you if such removal occurs.
This permit will be reported to the Commission at the following time and place:
Friday, November 18, 2005
9:00 a.m.
Westin LAX
5400 West Century Boulevard
Los Angeles, CA
(310) 216-5858
IMPORTANT - Before Vou may proceed with development,.the following must occur:
Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate
copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return
it to our office. Following the Commission's meeting, and once we have received the signed
acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of
Administrative Permit Effectiveness.
BEFORE
AND
YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE N
PERMIT EFFECTIVENESS FROM THIS OFFICE.
PETER DOUGLAS
Executive Director
By: Laurinda R. Owens
Title: Coastal Program Anal�st
5-05-381 -[Buckelew]
Administrative Permit
Page 2 of 6
STANDARD CONDITIONS:
1 Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the date
this permit is reported to the Commission. Development shall be pursued in a diligent manner
and completed in a reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Interpretation. Any 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 four to six.
EXECUTIVE DIRECTOR'S DETERMINATION (continued):
The Executive Director hereby determines that the proposed development is a category of
development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director
through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as
attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976
and will not have any significant impacts on the environment within the meaning of the 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. Pro 0 ect Description
The subject site is located at 1432 West Bay Avenue in the City of Newport Beach (Exhibits #1-2).
Single-family residences characterize the subject site and the surrounding area. The proposed project
(Exhibit #3) involves the removal and replacement of an existing U-shaped floating, dock, pier and
gangway and five piles and replacement with a new 8'x 51'finger float with three piles, 4',x 24'
.gangway and 10'x 14' pier platform with two "T" piles.
The dock project will be used for boating related purposes to serve a single-family. re I sidential
development. The site has been surveyed by the City of Ne,wpor . t Beach Harbor Resources Division for
eelgrass and no eelgrass was discovered within 15 feet of the, project area. In addition, Special
Condition 3 requires a Caulerpa taxilf6lia survey not more than 90 days prior to commencement of
5-05-381-[Buckelew]
Administrative Permit
Page 3 of 6
construction. The 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, subsequent surveys will be required. Special Conditions 2 and 3 identify the procedures,
necessary to be completed prior to beginning construction in the case the surveys expi rior to_,
commencement of construction. In addition, Special Conditions 2 and 3 identify post_Construction
eelgrass and Caulerpa taxifolia procedures.
Public access is available at the street -end of 15 th four blocks to the west and also along Bay Avenue
where there is an existing walkway/bikeway/accessway. The proposed project has received an
approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water
Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact
water quality if standard construction methods and materials are used. The applicants have applied for
a permit from the U.S. Army Corps of Engineers.
B. Marine Resources
The proposed recreational boat dock development and its associated structures are an allowable and
encouraged marine related use. The project design includes the minimum sized pilings and the
minimum number of pilings necessary for structural stability. There are no feasible less
environmentally damaging alternatives available. As conditioned, the project will not significantly
adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae,
Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for
recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act.
C. Water Quallit
The proposed work will be occurring on, within and 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 Executive Director 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 Executive Director requires the continued use and
maintenance of post construction BMPs. As conditioned, the Executive Director finds that the
development conforms to Sections 30230 and 30231 of the Coastal Act.
D. Local Coastal Program
The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP
was updated on January 9, 1990. As conditioned, the proposed development is consistent with
Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project,
as conditioned, will not prejudice the ability of the City of Newport Beach 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 Executive Director I finds that the propos I ed project, as conditioned to
m. itigate the identified impacts, is the least environmentally damaging feasible alternative and is.
consistent with the requirements of the Coastal Act to conform to CEQA.
5-05-381 -[Buckelew]
Administrative Permit
Page 4 of 6
SPECIAL CONDITIONS:
1. Water Quality
A. Construction Responsibilities and Deb'dis" Removal
(1) No construction materials, equipment, debris, or waste will be placed or stored
where it may be subject to wave, wind, or rain erosion and dispersion.
(2) Any and all construction material will be removed from the site within 10 days of
completion of construction.
(3) Machinery or construction materials not essential for project improvements will not
be allowed at any time in the intertidal zone.
(4) If turbid conditions are generated during construction a silt curtain will be utilized to
control turbidity.
(5) Floating booms will be used to contain debris discharged into coastal waters and
any debris discharged will be removed as soon as possible but no later than the
end of each day.
(6) Non -buoyant debris discharged into coastal waters will be recovered by divers as
soon as possible after loss.
Best Management Practices Program
By acceptance of this permit the applicant agrees that the long-term water-bome berthing of
b.oat(s) in the approved dock and/or boat slip will be managed in a manner that protects water
quality pursuant to the implementation of the following BMPs.
(1) Boat Cleaning and Maintenance Measures:
a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of
soaps, paints, and debris.
b. In -the -water hull scraping or any process that occurs under water that results in
the removal of paint from boat hulls shall be prohibited. Only detergents and
cleaning components that are designated by the manufacturer as phosphate -
free and biodegradable shall be used., and the amounts used minimized.
c. The applicant shall minimize the use of detergents and boat cleaning and
maintenance products containing ammonia, sodium hypochlorite, chlorinated
solvents, petroleum distillates or lye.
(2) Solid and Liquid Waste, Management Measures:
a. All trash, recyclables, and hazardous wastes or potential water contaminants,
including old gasoline or gasoline with water, absorbent materials oily rags,
lead acid batteries, anti -freeze, waste diesel, kerosene and minQl spirits will
5-05-381 -[Buckefew]
Administrative Permit
Page 5 of 6
be disposed of in a proper manner and will not at any time be disposed of in the
water or gutter.
(3) Petroleum Control Management Measures:
a. Oil absorbent-material.s sh ' all be examined at least once a year and replaced as
necessary. The applicant will recycle the materials, if possible, or dispose of
them in accordance with hazardous waste disposal regulations. The boaters
will regularly inspect and maintain engines, seals, gaskets, lines and hoses in
order to prevent oil and fuel spills. Boaters will use preventive engine
maintenance, oil absorbents, bilge pump -out services, or steam cleaning
services as much as possible to clean oily bilge areas. Bilges shall be cleaned
and maintained. Detergents will not be used for cleaning. The use of soaps
that can be discharged by bilge pumps is prohibited.
2. Eelgrass; Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera
marina) survey shall be completed during the period of active growth of eelgrass
(typically March through October). The pre -construction survey shall be completed
prior to the beginning of construction and shall be valid until the next period of active
growth. The survey shall be prepared in full compliance with the "Southern California
Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition)
adopted by the National Marine Fisheries Service and shall be prepared in consultation
with the California Department of Fish and.Gam,e. The applicant shall submit the
eelgrass survey for the review and approval of the Executive Director within five (5)
business days of completion of, each eelgrass survey and in� any event no later than
fifteen (15) business days prior to commencement of any development. Iftheeelgrass
survey identifies.any eelgrass within the project area, which would be impacted by the
proposed project, the development shall require an amendment to this permit from the
Coastal Commission or a new coastal development permit.
B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area
by the survey required in subsection A of this condition above, within one month after
the conclusion of construction, the applicant shall survey the project site to determine if
any eelgrass was adversely impacted. The survey shall be prepared in full compliance
with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified
by this special condition) adopted by the National Marine Fisheries Service and shall be
prepared in consultation with the California Department of Fish and Game. The
applicant shall submit the post -construction eelgrass survey for the review and approval
of the Executive Director within thirty (30) days after completion of the survey. If any
eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a
minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern
California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated
at a. minimum ratio of,1.2:1 (mitigation: impact). The exceptions to the required 121
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 amendmentor new permit is required.
5-05-381 -[Buckelew]
Administrative Permit
Page 6 of 6
3. Pre -construction Caulerpa Taxifolia Surve
A. Not earlier than 90 days nor later than 30 days prior to commencement -or
re -commencement of any development authorized under this coastal development:
permit (the "projecf), the applicant shall undertake a survey of the project area and a
buffer area at least 10 meters beyond the project area to determine the presence of the
invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the
substrate.
B. The survey protocol shall be prepared in consultation with the Regional Water Quality
Control Board, the California Department of Fish and Game, and the National Marine
Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicant shall submit the
survey:
(1) for the review and approval of the Executive Director; and
(2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team
(SCCAT). The SCCAT Surveillance Subcommittee may be contacted through
William Paznokas, California Department of Fish & Game (858/467-4218) or Robert
Hoffman, National Marine Fisheries Service (562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not
proceed with the project until 1) the applicant provides evidence to the Executive
Director that all C. taxifolia discovered within the project and buffer area has been
eliminated in a manner that complies with all applicable governmental approval
requirements, including but not limited to those of the California Coastal Act, or 2) the
-applicant has revised the project to avoid any contact with C. taxifolia. No revisions to
the project shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no
amendment is legally required.
ACKNOWLEDGMENT OF PERMIT RECEIPTACCEPTANCE OF CONTENTS:
I/We acknowledge that I/we have received a copy of this permit and have accepted its contents
including all conditions.
Applicants' Signature
Date of Signing
G:\Admin. Permits\2005\2005-1 1\5-05-381 (Buckelew) Administrative Permit LO.doc
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APPLICANTS NAME LARRYBUCKELEW ITRACT
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----------------
STATE OF,CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
%outh Coast Area Office
�,�oo 6ceangat6, Suite 1000 5-05-381 -Al
Long Beach, CA 90802-4302
(562) 590-5071
NOTICE OF PROPOSED PERMIT AMENDMENT
TO: All Interested Parties
FROM: Peter Douglas, Executive Director
DATE: 2 May 2006
SUBJECT: Coastal Development Permit No. 5-05-381. granted to Larry Buckelew
on November 18, 2005 for:
Removal of an existing U-shaped floating dock, pier and gangway and five
piles and replacement with new 8' x 51'finger float with three piles., 4' x 24'
gangway and 10'x 14' pier platform with two "T" piles.
AT: 1432 W. Bay Avenue, Newport Beach, Orange County
The Executive Director of the California Coastal Commission has reviewed a proposed
amendment to the above referenced permit, which would result in the following change(s):
DESCRIPTION OF AMENDMENT REQUEST (5 -05 -381 -Al):
Move location of proposed gangway two feet east and installation of one additional 14
inch diameter, concrete anchor pile (bringing the total number of anchor piles to four).
FINDINGS:
Pursuant to 14 Cal. Admin. Code Section. 13166(a)(2) this amendment is considered to be
IMMATERIAL and the permit will be modified accordingly if no written objections are received
within ten working days of the date of this notice. This amendment has been considered
"immaterial" for the following reason(s):
No eelgrass exists within the project vicinity. The underlying permit is subject to special
conditions requiring pre- and post -construction eelgrass. surveys as well as a pre -
construction Ca'ulerpa taxifolia survey. In addition, existing special conditions imposed
'construction responsibilities and debris removal requirements, and a best management
practices program. The special conditions of the underlying permit remain in effect. The
changes proposed under this amendment do not raise any new issues not already
addressed by those existing special conditions. Therefore, as amended and
conditioned, the project remains consistent with the Chapter 3 policies of the Coastal
Act, previous Commission approvals and does not prejudice the City's ability to prepare
certified LCP.
If you have any questions about the proposal or wish to register an objection, please contact
Meg,Vaughn at the Commission Area office in Long Beach (562) 590-5071.
5-05-381 Al Buckelew ImMat 5.06 mv
S-TATL Oir� CALIFORNIA - THE RESOURCES. AGENCY Arnold Schwarzenegger, Govemor
CALIFORNIA COASTAL COMMISSION
South Coast�Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071.
May 2, 2006
Re: Application/Appeal No 5 -05 -381 -Al
STATUS LETTER
The status of this matter is noted below.
XX Your application was filed on 4 April 2006.
The public hearing is tentatively scheduled on 10 May 2006
in Costa Mesa. This tentative scheduling inform# -tion is being provided for your
convenience and is subject to change.' Written notification of final scheduling of
th.e,hearing, along with a copy of the staff report, will be mailed approximately 10
days prior to the hearing.
IMPORTANT: The enclosed Notice of Pending Permit must be posted on the
site, in a conspicuous place, within 3 days of its receipt.
This application is incomplete and cannot be filed or processed until the
items listed on the attached sheet have been completed and submitted to the
District Office. If these items have not been received by the date indicated, the
entire package will be returned to you.
Please be advised that the items needed to complete your application must be
submitted to this office by
This file is being returned as the application submitted is deemed incomplete.
The required substantive documents are missing. Please see the attached
sheet.
This appeal was received and has been determined
to be a valid appeal. You will be notified of the place and date of the public
hearing.
This appeal was received but has been determined
invalid for the following reason:
There will be a 10 working day appeal period, if we receive no objections during this
period, you'll receive Vour immaterial amendment.
Meg Vaughn
Staff Analyst
NOTICE OF
ii q lum
A �
A PERMIT APPLICATION FOR DEVELOPMENTON THIS SITE IS
PENWING BEFORE THE CALIFORNIA COASTAL COMMISSION.
APPLICATION NUMBER: 5 -05 -381 -Al
DATE NOTICE POSTED:
For further.. -information, please. phone or write the office listed below
between 8 AM and 5 PM, weekdays. -
f
CALIFORNIA COASTAL COMMISSION I
SOUTH COAST DISTRICT
PO Box 1450 . -
200 Oceangate, 10th Floor
LONG BEACH, CA. 90802-4416
California Regional Water Quality Control Board
Santa Ana Region
Alan C. Lloyd, Ph.D. 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger
Agency Secretary Phone (951) 782-4130 — FAX (951) 781-6288 — TTY (951) 782-3221 Governor
http://www.waterboards.ca.gov/santaana
July 25, 2005
Steve Barrett
P.O. Box 1457
Newport Beach, CA 92659
PROPOSED REBUILDING OF BOAT DOCK, LARRY BUCIKELEW, 1432 WEST BAY
AVENUE, NEWPORT BEACH, ORANGE COUNTY
Dear Mr. Barrett:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided. .
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Qua] ity
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact me at (951) 782-3288.
Smcerel
I Shami
Water Resources Control Engineer
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
County of Orange, County Property Permits Division — Patricia Bigger
JIS/blutag255let
California Environmental Protection Agency
OD
%,,,* Recycled Paper
STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Govemor,
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Su.ite 100 -South
Sacramento, CA 95825-8202
Mr. Steve Barrett
P.O.'Box 1457
Newport Beach, CA 92659
PAUL D. THAYER, Executive Officer
(916) 574-1800 FAX (916) 574-1810
Relay Service From TDD Phone 1-800-735-2929
from Voice Phone 1-800-735-2922
September 13, 2005
Contact Phone: (916) 574-0234
Contact FAX. (916) 574-1955
File Ref: G09-02
RE: Proposed Modification for Replacing the Existing Pier, Gangway and Slip
Float with a New Pier, Gangway and Finger Float Located at 1432 West
Bay Avenue, Newport Beach
Dear Mr. Barrett:
This is in response to your recent request on behalf of your client for a
determination by the California State Lands Commission (CSLC) whether it asserts a
sovereign title interest in the property that the subject project will occupy and whether it
asserts that the project will intrude into an area that is subject to the public easement in
navigab le, w a., ters.
The . 'propos�ed project, involving the replacement of -the.existing,.pier gangway
and slip float with a new pier, gangway and finger float, is located on lands which have
been legislatively granted to the city of Newport Beach pursuant to Chapter 74, Statutes
of 1978, as amended, with minerals reserved to ' the State. Therefore, CSLC
authorization will not be required. Your client should, however, apply to all other
agencies having approval authority over the project, including the city of Newport
Beach.
This letter does not constitute, nor should it be construed as, a waiver or
limitation of any right, titl e or interest of the State of California in any lands undbr its
jurisdiction. If you have any questions, please do not hesitate to contact me at (916)
574-0234.
Sincerely,
Jen ife hesi
Public La.nd Management Specialist
cc: Chris Miller, City of Newport Beach
Fernie Sy, CCC
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
November 22,2005
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Larry Buckelew
C/o Steve Barrett
P.O. Box 1457
Newport Beach, California 92659
Dear Mr. Buckelew:
Reference is made to your request of October 14,2005 (File No. 200600128-SfH). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to modify an existing floating dock structure bayward of 1432 West Bay
Avenue, within Newport Bay, in Newport Beach, Orange County, California in Newport Bay in
Newport Beach, Orange County, California, as shown on the enclosed drawings.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Furthermore, you are hereby advised that the Corps of Engineers has established an
Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal
process is diagrammed in the enclosed Appendix B.
Thank you for participating in our regulatory program.
Sincerely,
Mark Durham
Chief, South Coast Section
Regulatory Branch
I hm due ALI 12/3jos
PEIP41TTEE DATE
guaeleW
-2 -
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terrns 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
Enclosure(s)
DATE
NOTES:
of NEWPORT
'11EACH
PIER, GANGWAY, SLIP FLOAT AND
C17Y
U�
LU I.Uj
T 0
Z'
WITH 3 - PILES, 4' X 24'GANGWAY AND
1 O'X 14'PIER PLATFORM WITH 2 - T -PILES.
f
80'
T_ -7—
77;
cl?
46"""',
1511"
C/�
+11.0'
C/? I
=)
24'
4'
L
P I E 0=0
1
0.00,
P'4 SITE BAY
2
I
M.L.L.W.
C/p/ C P I E
2.00'�
\
00
0 /V
h
j 8.50'
0 1 1 IML
SCALE IN MILES
PROFILE
tIN
VIC INITY MAP.
if[ = 30
_E VV P . ORT HARBOR, CALIFO.RNIA
NOTES:
1) REMOVE AND DEMOLISH EXISTING
PIER, GANGWAY, SLIP FLOAT AND
5 - PILES. A
9 -
2) INSTALL NEW,�IeX 51' FINGER FLOAT
WITH 3 - PILES, 4' X 24'GANGWAY AND
1 O'X 14'PIER PLATFORM WITH 2 - T -PILES.
2 i 0'
18 8' 9
T_ -7—
77;
80,
46"""',
1511"
24'
4'
L
14'
35'
2
SITE:
FHLICANTS NAME LARRYBUCKELEW
OB ADDRESS 1432 WEST BAY AVE
EEL GRASS INSPECTION -
NO EEL GRASS WITHIN I 5'OF PROJE
0 EEL GRASS IN THE PROJECTAREA
,67hrll� Millew
SIGNATURE
J /_ _x --- /,-/ 3 z 6 hala�;-
PERMIT - —nAT;:
TRACT 626
CONTRACTOR
---HARBOR RES01IRCES DIV.
CITY OF NEWPORT BEACH
<5hel"� Mili, 6
, V,
1 30'
Husk be s sc+bq,
Fro -n P)4 - c � M -
S.J.B.
13 L�O 0 K 1 LOT 4
DATE 6/05
-3 -
PERMIT CONDITIONS
General Conditions:
1. The time hrnit for completing the authorized activity ends on December 7,2007. 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.
Furthermore, you must comply with the following non -discretionary Special Conditions:
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.
2. No dredging or earthwork is authorized by this permit.
3. Creosote treated pilings shall not be placed in navigable waters or waters of the United States
unless all of the following conditions are met:
a) The project involves the repair of existing structures that were originally constructed using
wood products;
b) The creosote treated pilings are wrapped in plastic;
c) The use of plastic -wrapped creosote pilings is restricted to marine waters;
-4-
d) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may
include installation of rub strips or bumpers;
e) The plastic wrapping is sealed at all joints to prevent leakage.
The plastic material is expected to maintain its integrity for at least ten years, and plastic
wrappings that develop holes or leaks are repaired or replaced in a timely manner.
0
4. No other modifications or work shall occur to the docking structure.
5. A pre-constructim survey of the project area for Caulerpa taxifoha will be conducted in
accordance with the Caulerpa Control Protocol (see http://swr.ucsd.edu/hcd/ccpvl.htin) not
earlier than 90 days prior to planned construction and not later than 30 days prior to construction.
The results of that survey shall be transmitted to NOAA Fisheries and CDFG at least 15 days
prior to initiation of proposed work. In the event that Caulerpa is detected within the project area,
no work shall be conducted until such time as the infestation has been isolated, treated, and the
risk of spread is eliminated.
6. If the pern-Littee's project has the potential to impact EFH, specifically eelgrass, the permittee is
required to conduct two years of post -construction monitoring per the mapping guidelines in the
Southern California Eelgrass Mitigation Policy (see: http:/ /swr.nmfs.noaa.gov/hcd/eelpol.htin).
A determination of the need and/or amount of eelgrass mitigation shall be made based upon two
annual surveys conducted post -construction, during the time period of August to October, which
document any changes in the area and/or density of the bed in the vicinity of the proposed
project. If the monitoring surveys demonstrate an adverse impact to eelgrass, it will be mitigated
in accordance with the policy. All required surveys will be submitted to the Corps and NOAA
Fisheries within 30 days of each survey completion. The pern-tittee shall submit a signed
agreement of understanding for two-year monitoring and 7 -year mitigation and monitoring, to
the Corps and NOAA prior to issuance of the final pem-dt.
7. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or
petroleum products, from construction shall be allowed to enter into or placed where it may be
washed by rainfall or runoff into waters of the United States. Therefore, the pen-nittee shall
employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or
excessive erosion do not enter waters of the United States during project construction. Upon
completion of berthing improvements, any excess material or debris shall be removed from the
work area and disposed of in an appropriate upland site.
8. The permittee shall discharge only clean construction materials suitable for use in the oceanic
environment
9. The perrr-dttee shall notify the Army Corps of Engineers of the date of commencement of
operations and the date of completion of operations at least five days prior to such completion.
10. The permittee shall notify the Commander Eleventh Coast Guard District, and the Coast
Guard Marine Safety Office / Group LA -LB not less than 14 calendar days prior to commencing
work. The notifications, either letter, fax, or e-mail, shall include as a minimum the following
information:
-5-
a. Project description including the type of operation (i.e. dredging, diving, construction, etc).
b. Location of operation, including Latitude / Longitude (NAD 83).
c. Work start and completion dates and the expected duration of operations. The Coast Guard
need to be notified if these dates change.
d. Vessels involved in the operation (name, size and type).
e. VHF -FM radio frequencies monitored by vessels on scene.
f. Point of contact and 24 hour phone number.
g. Potential hazards to navigation.
h. Chart number for the area of operation.
Addresses:
Commander, 11th Coast Guard District (oan)Coast Guard Island
ATIN: Local Notice to Mariners
Building 50-3
Alameda, CA 94501-5100
TEL: (510) 437-2986
FAX: (510) 437-3423
U.S. Coast Guard
Marine Safety Office / Group LA -LB
Attn: Waterways Management
1001 South Seaside Ave., Bldg 20
San Pedro, CA 90731
TEL: (310) 732-2020
FAX: (310) 732-2029
11. The Permittee or their contractors shall not remove, relocate, obstruct, willfully damage, make
fast to, or interfere with any aids to navigation. The Contractor shall notify the Eleventh Coast
Guard District in writing with a copy to the Contracting Officer, not less than 30 calendar days in
advance of the time he plans to operate any equipment adjacent to any aids to navigation which
requires relocation or removal. Should any federal aids to navigation (AtoN) be affected by this
project, the permittee shall contact the US Coast Guard AtoN office at (510) 437-2982.
10
12. If the work requires that private aids to navigation be established, the permittee or contractor
should contact Mr. Brian Aldrich of the US Coast Guard at (510) 437-2983.
13. Upon the US Coast Guard s receipt of the notification to start work, a copy of the applicant's
letter will be sent to the Coast Guard Captain of the Port (COTP) of Los Angeles/Long Beach for
review. The COTP may modify the deployment of marine construction equipment or mooring
systems to safeguard navigation during the project. Questions concerning lighting, equipment
placement, and mooring should be directed to the COTP at (310) 383-1600.
14. The permittee shall send a post -project survey to the National Oceanic and Atmospheric
Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific
Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711.
15. The permittee understands and agrees that, if future operations by the United States require
the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the 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 U.S.C. 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 non-
pen-nitted 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.
-7-
c. Damages to persons, property, or to other permitted or non-pem-dtted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the pen-nitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension.,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terrns and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
Permit Number:
H.*
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Name of Permittee:
Date of Issuance:
200600128-SJH
Larry C. Buckelew
December 7,2005
Upon completion of the activity authorized by this permit, sign this certification and return
it to the following address:
U.S. Army Corps of Engineers
Regulatory Branch
ATTN: CESPL-CO-R-200600128-SJH
P.O. Box 532711 Los Angeles, CA 90053-2325
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 pern-Lit you may be subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the ten -ns and conditions of said permit.
Signature of Pern-dttee Date
YOU MUST RUN AND ATTACH
Is I III
Applicant: Larry Buckelew File Number: 200600128-SJH Date: November 22,
2005
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
7C
W ela �- WERS
�a
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 Il 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
C, C,
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
ZD
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Z�
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
Z� 0 Z�
by the division engineer within 60 days of the date of this notice.
C,
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
L,
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.
M L
1--m-4-81 - MAP A -r, --,7L,,- MIR
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 objection's 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 i)rovide additional information to clarify the location of information that is already in the administrative record. I
If you have questions regarding this decision and/or the appeal
process you may contact:
DISTRICT ENGINEER
Los Angeles District, Corps of Engineers
ATTN: Chief, Regulatory Branch
P.O. Box 532711
Los Angeles, CA 90053-2325
If you only have questions regarding the appeal process you may
also contact:
Douglas R. Pomeroy, Appeal Review Officer
U.S. Army Corps of Engineers, CESPD-ET-CO
333 Market Street
San Francisco, CA 94015-2195
Tel. (415) 977-8035 FAX (415) 977-8047
Tel. (213) 452-3425 FAX (213) 452-4196 1
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
zn t� t, t,
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 opportunityto participate in all site investigations. I
Date:
of am)ellant or
Telephone number:
-10 -
Applicant Options with initial Proffered Permit
I nitial proffered
pormit,sent to.
applicant
Applicant/Coirpssign. standard Does
per rnit o r a p pl icarit acce pts "<a plicaniacceptih�
letter of permission. <terms, and condftions of the
rm
The project is authorize.d. Yes initial proffered
permit?
No
Applicant sends specific objections to
district,engineer. The district engineer
Will, either: modify the permit to remove all
objectionable conditions, remove some
of the objectionable conditions, or not modify
thepermit. A;profferpd permit is sent to the
applicant for reconsideration with an: NAP
and an RFAform.
Applicant/Corps sign standard
Does the'
permit or applicant accepts
applicant accept the
letter of perrriission.
4. --<terms and conditions of
rms
The project is authorized.
Ybs the proffered
p.ermit�
Appendix B
IM.
Applicant declines the proffered permit.
The,declined individual permit may be
appealed by submitting a RFA to the
division engineer \Mthin 60 days of the
date of the NAP (see Appendix A).
Eelgrass Survey Reporting Form
(Version 1.0, June 20, 2003)
This form is required to be submitted for any surveys conducted for the eelgrass,'Zostera
matina, that are required to be conducted under federal or state permits and
authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission.
The form has been designed to assist in identifying eelgrass while ensuring that the
required information is consistently documented. Surveys required to be conducted for
this species are subject to modification through Publi cation of revisions to the eelgrass
survey policy. It is incumbent upon the authorized permittee to ensure that survey work is
following the latest protocols. For further information on these protocols, please contact:
Robert Hoffinan, National Marine Fisheries Service, (562) 980-4043, or William
Paznokas, California Department of Fish & Game, (858) 467-4218).
* Required Information
Site Name:
(common reference)
Buckelew Residence
1432 West Bay Avenue
Newport Beach, CA 92661
Survey Contact:
(name, phone, e -mad)
Debbie Karimoto
(949) 887-7041 (cell)
(949) 830-1173 (fax & office)
debkarimoto(&
,cox.net
Permit Reference:
(ACOE Permit No.,
City of Newport Beach Permit# 118-1432
CCC Permit No,)
Hydrographic System:
(bay, estuary, lagoon� or
Newport Harbor
harbor)
Speeffic Location:
(UTK Lat/Long., datum,
Approximately
accuracy level, attach
33.6076080 N
electronic survey area map if
117.9156920 W
possible)
See attached maps
Was Eelgrass
Detected:
Yes, Eelgrass was found at this site.
xxx No, Eelgrass was not found at this site.
Description of
Permitted Work:
Remove existing dock and replace with new dock.
(describe briefly the work to
be conducted at the site
under the pemuts identified
above)
Depth range:
2-12' -Tide varied between + 2.12' and 2.18' at
time of survey.
Substrate type:
Soft, silty sediment & compact silty sediment
Temperature:
690
Salinity:
Normal bay range of 30-33 ppt
Dominantflora:
Unidentified red and green algae—NO celgrass
Dominantfauna:
Barnacles Wegabalanus valifornicus)
Mussels (Mytilus caftforianus)
Sand bass, Stingrays, Tube -dwelling anemones,
Moon jelly (Aurelia aurita), Tunicates
Exotic species
encountered:
None
Other site description
notes:
None
Eelgrass. Swvey Repoiling Form (version 1.0, 6/20/03)
Survey date and time
20 June 2005, 1:30-2:30 pin
petiod.
Hotizontal visibility in
5-10 feet
water:
Survey type and
SCUBA survey, Diver swam transects throughout
methods:
APE.
Survey personnel:
Debbie Karimoto (949) 887-7041 (cell)
Survey density:
—100% of APE; no eelgrass found
Survey limitations:
None
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.
Eelgrass. Swvey Repoiling Form (version 1.0, 6/20/03)
Site Address.
1432 West Bay Avenue
Newport Beach CA 92661
Site Address:
1432 West Bay Avenue
Newport Beach CA 92661
Blue outline reflects survey perimeter. All area within that perimeter was surveyed.
Site Adiress.-
1432 West Bay Avenue
Newport Beach CA 92661
Site Address.
1432 West Bay Avenue
Newport Beach CA 92661
Unidentified red and green algae and a juvenile bass
Tube -dwelling Anemone (Packycerianthusfimbriatus) eating a Moon Jelly (Aurefia
aurita)
With unidendfied red and green algae
(NOT Edgrass sp-) ,
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 1 00 -South
Sacramento, CA 95825-8202
Mr. Steve Barrett
P.O. Box 1457
Newport Beach, CA 92659
September 13, 2005
PAUL D. THAYER, Executive Officer
(916) 574-1800 FAX (916) 574-1810
Relay Service From TDD Phone 1-800-735-2929
from Voice Phone 1-800-735-2922
Contact Phone: (916) 574-0234
Contact FAX. (916) 574-1955
File Ref: G09-02
RE: Proposed Modification for Replacing the Existing Pier, Gangway and Slip
Float with a New Pier, Gangway and Finger Float Located at 1432 West
Bay Avenue, New � ort Beach
p
Dear Mr. Barrett:
This is in response to your recent request on behalf of your client for a
determination by the California State Lands Commission (CSLC) whether it asserts a
sovereign title interest in the property that the subject project will occupy and whether it
asserts that the project will intrude into an area that is subject to the public easement in,
navigable waters.
The proposed project, involving the replacement of the existing pier, gangway
and slip float with a new pier, gangway and finger float, is located on lands which have
been -legislatively granted to the city of Newport Beach pursuant to Chapter 74, Statutes
of 1978, as amended, with minerals reserved to the State. Therefore, CSLC
authorization will not be required. Your client should, however, apply to all other
agencies having approval authority over the project, including the city of Newport
Beach.
This letter does not constitute, nor should it be construed as, a waiver or
limitation of any right, title or interest of the State of California in any lands under its
jurisdiction. If you have any questions, please do not hesitate to contact me at (916)
574-0234.
cc: Chris Miller, City of Newport Beach
Fernie Sy, CCC .
Sincerely,
aiennifer Lucchesi
Public Land Management Specialist
STATE OF CALIFORNIA
ARNOLD SCHWARZENEGGER, Govemor
CALIFORNIA STATE LANDS COMMISSION
100 Howe Avenue, Suite 1 00 -South
Sacramento, CA 95825-8202
Mr. Steve Barrett
P.O. Box 1457
Newport Beach, CA 92659
September 13, 2005
PAUL D. THAYER, Executive Officer
(916) 574-1800 FAX (916) 574-1810
Relay Service From TDD Phone 1-800-735-2929
from Voice Phone 1-800-735-2922
Contact Phone: (916) 574-0234
Contact FAX. (916) 574-1955
File Ref: G09-02
RE: Proposed Modification for Replacing the Existing Pier, Gangway and Slip
Float with a New Pier, Gangway and Finger Float Located at 1432 West
Bay Avenue, New � ort Beach
p
Dear Mr. Barrett:
This is in response to your recent request on behalf of your client for a
determination by the California State Lands Commission (CSLC) whether it asserts a
sovereign title interest in the property that the subject project will occupy and whether it
asserts that the project will intrude into an area that is subject to the public easement in,
navigable waters.
The proposed project, involving the replacement of the existing pier, gangway
and slip float with a new pier, gangway and finger float, is located on lands which have
been -legislatively granted to the city of Newport Beach pursuant to Chapter 74, Statutes
of 1978, as amended, with minerals reserved to the State. Therefore, CSLC
authorization will not be required. Your client should, however, apply to all other
agencies having approval authority over the project, including the city of Newport
Beach.
This letter does not constitute, nor should it be construed as, a waiver or
limitation of any right, title or interest of the State of California in any lands under its
jurisdiction. If you have any questions, please do not hesitate to contact me at (916)
574-0234.
cc: Chris Miller, City of Newport Beach
Fernie Sy, CCC .
Sincerely,
aiennifer Lucchesi
Public Land Management Specialist
Mariners Escrow
949-721-8157
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
Re: Pier Permit 118-1432
1432 W. Bay Ave., Newport Beach, CA
Escrow # 24511 -TE
Dear Sirs:
The City of Newport Beach has inspected the above property and found that it
meets City standards and the permit will be transferred.
If you require further assistance in this matter, please call 644-3034.
Sincerely,
42r e Arcese
arbor Resources Division
AUG -01-03 11:50
FROM—Mariners Escrow Civic Plaza 9497290190 T-173 P.002/002 F-932
HARBOR PERA41T
NTSFER APPLICAITON
Date *of Applicaton: PermitNumber:
Property Address: 1432 w- 3rt Bear -h. 92661
Buyees Names: C. Buclik-
.jew and,'ElIzabeth H. Buck6jew
Billing Address: ql*761- /Vf
-/77 le
Telephone No.: --k
Seller's Names: to�Wft" f-,
Seller's Signatures:
Joint Owner Signature:
Escrow Company: 'K-�xinerr- E-scrOw cOrPoratIcT
Escrow Number: '45 -fTZ Fax#: 942 721
Inspection Date: fl6l��3 Reffispection Date;
Fee Amount: c�k' - / � 4 '!�-D
Date Paid: Gheck Number:
Application Approved: Z'o -. —
Harbor Resources SignaturelDate
Special Gonditions: This permit is revocable by, the City Council
in accordance with Title 17 or the Newport Beach Municipal Code.
PROPERTY: 1432 W. Bay Avenue
Newport Beach, CA 92661
BUYER: Larry C. Buckelew
Elizabeth H. Buckelew
We appreciate your business!
a
f
We appreciate your business!
f
4
Marin
Fax 9
Re:
Dear Sirs:
11 JE
CITY OF NEWPORT BEACH
829 Harbor island Drive, Newport Beach, CA 92659
949-644-3034/Fax 949-723-0589
The above dock was inspected by The Harbor Resources Division of the City of
Newport Beach inspected the dock at the property mentioned above.
We cannot transfer the pier permit until the following deficiencies have been
corrected and the property has been re -inspected:
1. It needs an anti -siphon device installed
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."
Please call 644-3034 to request a reinspection. Once the property has passed
reinspection the pier will be transferred.
Sincerely,
L
Division of Harbor Resources
August 4, 2003
Mariners Escrow
949-721 -O+eO-- 9 / 5 1
Re: Pier Permit Transfer #118-1432
Escrow # 24511 -TE
Dear TE:
Attached are the instructions for pier permit transfers. As noted, the total transfer
fee is due at the request for a transfer. I will hold this order until I receive the
remaining $192.50 and then process as soon as possible.
Thanks for your help in this matter.
Sinc rely,
OA
rrie Arcese
Harbor Resources Division
INSPECTION FORM
Harbor Resources Department
8/_-1
Date: 103
Inspection Requested By:
Inspector: Don Duffy
Pier Address:
64 -
Pier Transfer 5Reinspection
GFI Present Yes N ed Yes ;,- e, 7ed
None Needed
Anti -Siphon Backflow Present 0 00,15�
Other Comments
Eellgrass
Yes No
PresentF----T-
PUMP Out
Pier Location
Operational I Yes I No -1
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CF Number
Location on Dock
Comments / Observations
Other Request
RBR RP118.14312
/1.1 Servi-ce Addr 1432 BAY AVE W NOTICE DATE: ol/18/2001
ALLEN, JOHN C 03/01/2001
DUE DATE:
C/o CHRISTINE REITINGER
C"
rjg T7#
37
$78.00
&4�
Total Amount Due
MP RP11814321 ?800
/07
w C�v
Cj
I ,�
110 116
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All F/F
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It 15771"r-
4ECP
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AP -414/C.' -X,4
f
CITY OF NEWPORT BEACH
ENCROACHMENT PERMIT
(Please type or print. Press hard - making 3 copies.)
Permit# EP
Amount Fee Paid $
Receipt #
Sewer Fee Receipt,#
-i I I
, water Fee Receipt#
APPLICATION FOR: 0 CURB CUT 0 SEWER CONNECTION
(CHECK ONE) 0 STREET EXCAVATION 0 WATER
�O UNDERGROUND UTILITY 0 OTHER
ADDRESS OF WORKN�V /V4/(51
APPLICANT'S NAME
05
ADDRESS
Phone
OWNER'aNAME
ADDRESS
Phone
CONTRACTPR!S NAME
ADDRESS
40
Office Phone
Job Site Phone
CONTRACTOR'S CITY BUSINESS LICENSE NO. 017-377 —STATE LICENSE NO.,
Th Ii thereby make�aaplicption t
,q app ican c
W q
"m6w
i
(See attached plans)
WORKERS'C 1 0 M PENSAT . ION INSURA14CE (Required by Section 3 1 800 of Labor Code)',
Applicant has furnished to the City a certificate of workers' compensation insurance issued by an admitted insurer and
conforming to Section 3800 of. the -Labor Code; or an exact copy thereof. certified byJhe insurer. The insurance certificate
shows the expiration date of the policy. If the policy lapses or is cancelled, this permit shall be,deemed to be revoked.
2
Insurer Policy No. Expiration Date'
The terms ions pkKi's**Vermit are printed on both sides of this form. Applicant hereby acknowledges that he has
r t n term and conditions, and that he agrees to abide 4y them..
(Applicant's. Sigvnature) �Date),
------------------------------------------------------------------------------ SPACE BELOW THIS LINE FOR OFFICE USE -------------- ---------------------------------------------------------------
DEPARTMENT
APPROVAL, REQUIRED.
.DATE
SIGNATURE 7, TITLE
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY:
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DATE OF PERMIT:
PERMIT DENIED 0
White - Permit Pink - Temporary Yellow - Applicant
Office Copy
TO BE FILLED IN BY FIELD PERSONNEL
Inspector
Requested Time and
Date of Inspection: Time Date
Contractor
Remarks
Date Work Inspected
Inspector's
TERMS AND CONDITIONS
1. Encroachment permits shall be taken out in the name of the owner of the benefited property. A signed �opy of the
permit and approved construction plans-sball: be kepJ at the job site at, all times.- A,
2�, The'�a*lpplicii,fit�grees to indemnify and hold the City, its authorized agents, officers, representatives and employees
harmless from tiny liability, suit or action of an� description arisin'g'o.uit 61,anya�,�ident, loss or damage-to.persons or
property occurring as a proximate result of any %�4 646"kaken ijnde�r,thi
3." kll Work sh�al[l'�6e done in accordance with the approved.plans, ah&the Standard Special Provisions and Standard
Drawinqs'df the City cf Newport Beach, And in compliance with all applicable State laWs and City ordinances.
construction within p,ublic rights-of-way must.be performed by licensed contractors, 6.nle,ss waived bv the Public
A
irtme'ht
-shill �66tafrf p&fr�its:topdft6rm'--6kcA\i�t!6.n, o -,renc.-wor 'frorr(e6tWild a D v'sidli' 6f Jhdusfridt'
t
5.'i�bh 660s )r t k
Safety prior to commencing underground construction. Trench excavation and backfill shall conform to Section
306-1. of.the City's.Standard Special Provisions. Walls and faces of all excavations over .5. feet, in, de,pth,.shall be
�-effeqtively� protected by a shoring system,, sloping, of the ground, or other equivalent mepris-Trenches less than 5
f -ity, P ded when hazardous ground movement may be expected.
eet de '6'shall be guar
6. All: work must be inspected by the Public Works Department. Forms and subgrades must be inspected and
approved before concrete, is ordered. Sewers,. pipelines aryd subgrade construction must be inspected. and
appr�pyed before backfilling. Public Works_Jnspectors are normally available during working, hours upon .24 hours
''adva hc'e notice. Call (714) 644-3311 toa I rran . ge'4orah'-i*nspb�tilorl. Separate Utilities Departrn'�ritinsp-eqflori'ma be
necessary.
7. Permits for excavation work required to install water and/or sewer services shall ndiiberissue I d-4til- , jitility..—
connection fees have b�enlpajd..Aftbr fees have been paid, the Public Works -"Department will's6nd the permit
application to the Utilities D�Pahment'for approval. All utilities connections mus t-�behnsp'_edt6d-b tfi�' Utili
ities—
Department prior to backfilling. The applicant shall notify the Utilities Department at (7�4) 644-3011 at least 72 -hours'
in advance of work for utility inspections.
8. Barricades mu ' st be provided and maintained around all trenches, excavations and obstructions. Bardcade&'rhust be
properly lighted at.'night. All, signs, flags, lights and. 'other warning and safe I ty devices shall conform to the
requirements of the current "Manual of Warning Signs' Lights and Other Devices for Use in Performance of Work
upon Highways;" issued by the California Department of Public Works� If barricades are- not provided by the
applicant for the protection of the public, the City may place barricades for which the applicant will be charged
$10.00 per barricade per day,- with a minimum charge of $35.00.
9. Access to fire hydrants shall be maintained atall times.
10. Priorto undertaking anyworkwhich will -extend intoatraffic laneand I imp I ede the normal flow of traffic, the applicant
must first secure the written approval of the Public Works Department's Traffic Division. The Traffic Division may
require written approval from the License Supervisor, who will notify the Police and Fire Departments prior to
allowing the streets to be closed.-Traff ic Control must be perWork Area Traffic Control Handbook (WATCH).
11. The applicant must notify the gas, electric, telephone and cablevision companies before starting any underground
construction. Call Underground Service Alert at 1-800-422-4133 at least 48 hours before digging.
12. Refuse or unused materials shall be removed within 24 hours after completion of the work. If materials are not so
removed, the City may remove the materials and bill the applicant.
13. A permit for a driveway approach shall be considered null and void if changes made by the applicant eliminate the
need for a driveway. The driveway approach shall be removed, and the curb and gutter replaced at the applicant's
expense.
14. Work which has been done prior to issuance of a permit is subject to rejection and/or fine.
S
CITY OF NEWPORT BEACH
Permit# EP -
ENCROACHMENT PERMIT
Amount Fee Paid $
(Pfies"e type or print. Press hard - making 3 copies.)
Receipt #
APPLICATION FOR: 0 CURB, CUT 0 SEWER CONNECTION
Sewer Fee Receipt #
(CHECK ONE) 0 STREET EXCAVATION 0 WATER CQNNEC 10
El 0 88
ater Fee Receipt #
UNDERGROUND UTILITY OTHER
ADDRESS OF WORK /432
'APPLICANT'S NAME
ADDRESS
Phone
05Ptx�r- 41 ir,
OWNER'S% NAME
ADDRESS
Phone
CONTRACTOR'S. NAME
ADDRESS
Office Phone
Job Site Phone
CONTRACTOR'S CITY BUSINESS LICENSE NO. STATE LICEN SE NO.
The applicant hereby makes applicati on. to
Jo"
(See. attached plans)
WORKERS' COMPENSATION INSURANCE (Required I by Section 3800 of Labor Code). 4 kI 77�
0, IL& el
Applicant has furnished to the City a certificate of workers' compensation insurance issued by an admitted insurer and
conforming, to Section 3800 of the Labor Code; or an exact copy thereof certified by the insurer; The:insurance certificate
shows the expiration date of the policy. If the policy,lapses or is cancelled, this permit shall be deemed to be revoked.
Polic N
Insurer y 0 Expiration Date
The terms ions is ermit are printed on both sides of this form. Applicant hereby acknowledges that he has
r e4amer-p -s n, itermOnd conditions, and that he agrees to abide by them.
(Applicant's Signature) (Date)..
-------------------------- --------------------------------------------------- SPACE BELOW THIS LINE FOR OFFICE USE --------------------- - - - ---- - - - - - -- -- I --- — - - - - - ------------- -----
DEPARTMENT
APPROVAL REQUIRED,
DATE
SIGNATURE -,TITLE
SPECIAL CONDITIONS OF'APPROVAL REQUIRED BY CITY:
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DATE:OF PERMIT:
PERMIT DENIED 0
TO BE FILLED IN BY FIELD PERSONNEL
Inspector
Requested Time and
Date of Inspection: Time Date
Contractor
Remarks
Date Work Inspected
Inspector's
'Signature
TERMS AND CONDITIONS
1. Encroachment permits shall be taken out in.the name of the owner of the benefited property. A signed copy of the
permit and approved construction plans shall be kept at the job site at all times.,
2. The applicant agrees to indemnify and hold the City, its authorized agents, off rcers, representatives and employees
harmless from any liability, suit or action of any description arising out of.any accident, loss or damage to persons or
property occurring as a proximate result of any work undertaken under this permit.
3. All work shall be done in accordance with the approved plans, and the Standard Special Provisions and Standard
Drawings of the City of Newport Beach, and in compliance with all applicable State laws and City ordinances.
4. All construction within public rights-of-way must be performed by licensed contractors, unless waived by the Public
Works Department.
5. Contractors shall obtain permits to perform excavation or -trbncb work from the California Division of Industrial
Safety prior to commencing underground construction. Trench excavation and backfill shall conform to Section
306-1 of the City's Standard Special Provisions. Walls and faces of all excavations over 5 feet in depth shall be
effec ' tively protected by a shoring system, sloping of the ground, or other equivalent means. Trenches less than 5
feet in depth shall be guarded When hazardous ground movement may be expected.
All work must be inspected by the Public Works Department. Forms and subgrades must be inspected and
approved before concrete is ordered. Sewers, pipelines and subgrade construction must be inspected and.
approved before backfilling. Public Works inspectors are normally available during working hours upon 24 hours
advance notice. Call (714) 644-3311 to arrange1or an inspection. Separate Utilities Department inspection may be
necessary.
7. Permits for excavation work required to install water and/or sewer services shall ndt 'be rissued- -until, Litility..,-
connection fees have been paid. After fees have been paid, the Public Works Department will send the permit
application to the Utilities Department for approval. All utilities connections must- be inspeGt6d-by the UtHities—
Department priorto backfilling. The applicant shall notifythe Utilities Department at (714) 644-3011 at least72 hours
in advance of work for utility inspections.
8. Barricades must be provided and maintained around all trenches, excavations and obstructions. Barricades must be
properly lighted at night. All signs, flags, lights and other warning and safety devices shall conform to the
requirements of the current "Manual of Warning Signs' ' Lights and Other Devices for Use in Performance of Work
upon Highways," issued by the California Department of Public Works. If barricades are not provided by the
applicant for the protection of the public, the City may place barricades for which the applicant will be charged
$10.00 per barricade per day, with a minimum charge of $35.00.
9. Access to fire hydfants shall be maintained at all times.
10. Prior to undertaking any work which will extend into a traff ic lane and impede the normal flow of traffic, the applicant
must first secure the written approval of the Public Works Department's Traffic Division. The Traffic Division may
require written approval from the License Supervisor, who will notify the Police and Fire Departments prior to
allowing the streets to be closed. Traffic Control must be per Work Area Traffic Control Handbook (WATCH).
11. The applicant must notify the gas, electric, telephone and cablevision companies before starting any underground
construction. Call Underground Service Alert at 1-800-422-4133 at least 48 hours before digging.
12. Refu se or unused materials shall be removed within 24 hours after completion of the work. If materials are not so
removed, the City may remove the materials and bill the applicant.
13. A permit for a driveway approach shall be considered null and void if changes made by the applicant eliminate the
need for a driveway. The driveway approach shall be removed, and the curb and gutter replaced at the applicant's
expense.
14. Work which has been done prior to issuance of a permit is subject to rejection and/or fine.
-CITY OF NEWPORT BEACH
Permit# EP_
ENCROACHMENT PERMIT
Amount Fee Paid $
(Rjlpasia type or print. Press hard - making 3 copies.)
Receipt #
APPLICATION FOR: D.CURB.CUT 0 SEWER CONNECTION
Sewer Fee Receipt #
(CHECK ONE) 0 STREET EXCAVATION 11 WATER C0NNECTIOt4
0 0
kWater Fee Receipt #
-UNDERGROUND UTILITY OTHER
ADDRESS OF WORK
APPLICANT'S NAME
ADDRESS
Phone
OWNER NAME
ADDRESS
Phone
CONTRACTOR'S NAME
5, 4
ADDRE S
Office Phone
11
Job Site Phone'
_zb�Y�Pz_
-7
CONTRACTOR'S CITY BUSINESSLICENSE NO. STATE LICENSE NO.
The applicant hereby makes application to
7; K-. //a- 7,
(See attached?plans)
WORKERS' COMPENSATION INS'URANCE (Required by Section 3800 of Labor Code).
Applicant has furnished to the City a certificate of workers' compensation insurance issued by an admitted insurer and
conforming to Section 3800 of the Labor C-bde; oraft exact copy thereof certified by the insurer. The insurance certificate
shows1he expiration date of the policy. If de policy lapses or is cancelled, this permit shallbe deemed to, be revo I ked.
Insurer Policy No. Expiration Date
The terT%.apd,4Mffd*tions of-th'i's',permit are printed on both sides of this form. Applicant hereby acknowledges that he has
read�a nd� kan8
ffid, nd,6;r�tads i ,termsfand conditions, and that he agrees to abide by them.
n�
(Applicant's Sijnature) (Date)
------------------ -------------------------- I ------------------------ SPACE BELOW THIS LINE FOR OFFICE USE. --------------------------------------------------------------------------
DEPARTMENT
APPROVAL REQUIRED,
DATE
SIGNATURE - TITLE'
SPECIAL CONDITIONS OF APPROVAL REQUIRED BY CITY:
PERMIT ISSUED BY:
DATE ISSUED: EXPIRATION DAT&OF PERMIT:
PERMIT DENIED 11
TO BE FILLED IN BY FIELD PERSONNEL
Inspector, Requested Time and
Date of Inspection: Time Date
Contractor Remarks
Date Work Inspected Inspector's
Signature
TERMS AND CONDITIONS
1 Encroachment permits shall be taken out in the name of the owner of the benefited property. A signed copy of the
permit and approved construction plans shall be kept at the job site at all times.
2. The applicant agrees to indemnify and, hold the City, its authorized agents, off icers,: representatives and employees,
harmless from any liability, suit or action of any description arising out of any accident, loss or damage to persons or
property occurring as a proximate result of any work undertaken under this permit.
3. All work shall be done in accordance With the approved plans, and the Standard Special Provisions and Standard
Drawings of the City of Newport Beach, and in compliance with all applicable'Statb laws'and City ordinances.'
4. All construction within public rights-of-way must be performed by licensed contractors, unless waived by'the Public
Works Department.
5. Contractors shall -obtain permits to -perform excavation or trench work from the.Callfornia Division of Industrial
Safety prior to commencing underground construction. Trench excavation and backfill shall conform to Section
306-1 of the C ity's,. Standard. Special Provisions. Walls and,faces of. all excavations over 5 feet in depth shall be
effectively protected by a shoring system, sloping,of the ground, or,other equivalent means. Trenches less than 5
feet in depth shall be guarded wheh'hazardous "ground movemen . t may be e I xpected
6. All'work� must be inspected by the Public Works Department. Forms and subgrades'must be,inspected and
approved before concrete is ordered. Sewers,- pipelines and subgrade construction-, must,be. inspected and
approved before backfilling. Public Works inspectors are normally available during working hours upon 24 hours
advance notice. Call (714) 6,44-331,1 to arrange for an.inspection. Separate Utilities, Department inspection. may be
necessary.
7. Permits for excavation work required: ta-install water and/or sewer services shall not be issued�until Utility�_
connection fees have been paid. After fees have been paid, the Public Works Department will send the permit
application -to the Utilities Department for approval. All utilities connections must be inspected by the.Utilities
Department priorto backfilling.7he applicantshall notifythe Utilities Department at (714) 644-�30111 atleast72 hours
in advance of work for utility inspections.
8. Barricades must be provided and maintained around all trenches, excavations and obstructions. Barricades must be,.
properly lighted at night. All sighs, , flags, lights and�. other warning, and safety devices shall conform to the
requirements of the current "Manual of Warning Signs',. Lights and Other Devices for Use in Performance of Work
upon- Highways," issued by the California Department of Public Works. If barricades are not provided -by the
applicant for the protection of the public, the City may place barricades for which the applicant will be charged
$10.00 per barricade per day, with a minimum charge -of $35.00.
0. 'Access to -fire hydrants shall be maintained at all times.
10. Prior to undertaking any work whichwill extend into a traffic lane I and impede the no I rmal . flow of traffic, the applican t
must first,secure the written approval of the Public Works Department's Traffic Divisio ' n. - The Traffic Division may,
require written approval from the License Supervisor, who will notify the Police and Fire Departments prior t o
allowing the streets to -be closed. Traffic Control -must be per Work, Area Traffic Control Handbook (WATCH). ,
11. The applicant must notify the gas, electrici telephone and cablevision companies -before starting any underground
construction. Call Underground Service Alert at 1-800-422-4133 at least 48 hours before digging.
12. Refuse or unused materials shall be removed. within 24 hours after completion of the work. If materials are not so
removed, the City may remove the materials and bill the applicant.'
13. A permit for a driveway approach shall be considered null and void if changes made by the applicant eliminate the
need for a driveway. The driveway approach shall be removed, and the curb and gutter replaced at the applicant's
expense.
14. Work which has been done prior to issuance of a permit is subject to rejection and/or fine.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT NO. EP -
(Sketch to be drawn in triplicate
Job Address
Owner
Telephone No.
Existing Curb and Gutter
A ?161
carrt's Sfignak2u�re
Di�te
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Please make a sketch of the immediate vicinity showing all property lines, dimensions,
street names, location of trees, light standards, fire hydrants, parking meters or
other existing improvements which might be affected by the proposed encroachments.
Works shall be done according to City specifications and is subject to City
inspection.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
(714) 644-3311
REQUIREMENTS FOR DRAWINGS
To Be Attached to Encroachment Permits
1 . 3 sets of drawings shall be on standard sized sheets, 8-21" x 11". For
extensive projects which do not lend themselves to an 8-2L11 x 11" drawing, a
full size drawing suitable for exhibit to be posted on the Council board
shall be prepared.
2. Drawings shall have a title block indicating applicant's name, address of
work and who prepared the drawings.
3. The drawings shall be prepared to scale.
4. The following items must be accurately depicted on the drawings:
a. Property lines.
b. Distance from property line to all encroachments in the public right of
way.
c. Dimensions of proposed improvements.
d. The height of all encroaching structures must be clearly shown, and the
datum plane must be clearly indicated. This means, for example, that if
the height of a wall is specified, it must be clearly stated where the
height is to be measured from.
e. Type of encroachment.
f. All improvements affected by the proposed encroachments must be shown.
g. Street names.
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NEWPORT BEACH. CA 92659
SAM 0SADCHt
OWNER BUS. PH. (714) 650-8300
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SPECIAL CONDITIONS- I
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CITY HARBOR COOKJJINAT6i
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CITY COUN CIL ng Acco PANCEWITH7ITLE 17
CITY OF NEWPORT: BEACH, CALIF.
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MEMO FROA�
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JoHN C. ALLEN
ATTORNEY AT LAW C,
WI US H laLIFO,--EVA R D 1800 CEL,l 0DR,
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�IIIFORT��
-February 9, 1988
Mr. and Mrs. John C. Allen
1432 West Bay Avenue
Balboa, CA 92663
Dea r S i r:
A check of�the City Harbor Permit files has shown that the permit
for the pier and float at -1432 West Bay Avenue
Newport Beach, is registered to Ja.nes J. Birmingham.
A transfer application must.be completed and a transfer fee paid
each time the permit has ichanged ownership.
Chapter 17.24.030 of the Municipal Code addresses the transfer of
a pier permit and rpads as follows.:.
"No person shall transfer a permit for a pier, float or
similar structure granted under the provisions of this
chapter without prior written approval of the City."
Failure to pay the transfer fees can be grounds for revocation of
the Harbor Permit in accordance with Chapter 17.24.090 of the
Municipal Code.
Your cooperation in bringing this permit up to date will avoid
any action by.the City'.
Yours truly,,,,
AA11
Tony,Me m
Tidelands dministrator
Telephone: 714-644-3044
TMAb
'March 1, 1988
Mr. and Mrs. JOhn C. Allen
1432 West Bay Avenue
Balboa, CA 92661
Dear Sir:
The City of Newport Beach Marine Department has recived a request
to transfer pier permit # 118-1432 for the property located at
1432 West Bay Avenue NewpOrt Beach, CA.
We cannot transfer thp,, pier permit until the following.
deficiencies have been corrected and we have been notified:
A City -approved anti -syphon device is required at the water
connection to the piEr and float.
2.
Electrical conduit and wiring should be extended to the
3. bottom of t he ramp and connected to a pull box.
T
The structure was inspected. on 2./29/88 and in accordance
with Section 10-D of the Harbor Permit Policies it' cannot be
transferred until it meets City requirements.
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.n
A permit for plumbing or electrical work must be obtained from the
Building Department of the City.
PLEASE ADVISE THIS DEPARTMENT WHEN THE:ABOVE DEFICIENCIES HAVE
BEEN CORRECTED. . When notified, the structure will again be
inspected and when the requirements have been met the pier permit
will be transferred.
PLEASE TELEPHONE (714) 644-3044'TO REQUEST A REINSPECTION OF THE
STRUCTURE.- If you have questions please call this'number.
Slncgx.eiy,,
Tony M . um
Tidelands Administrator
3300 Nevport Boulevard, Newport Beach
LOCATION PERMIT NO.--ji/gr/ c,,Y
Sel I er
Oa te.App) ication Received: Date Fee Received:"
Request for Inspection made by:
Escm Co.
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Escrow Officer
Escrow No.-------.
Address Phene:
t
Da te � I nspecti on madel, /7
Deficiency Letter sent:!:17 Deficiency corrected:
Transfer completed: Date
Inspection:
1. Location
4. Structural:
5.OTHER:
REMARKS:
Inspected by:
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