The URL can be used to link to this page

Home My WebLink AboutM2014-0024EN C OF�'�.,c, a� �2 O+TPA'STAT6S OF ��£�` • • Regulatory Division DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Don and Judy Cole 3326 Via Lido Newport Beach, California 92663 January 31, 2014 Pamela Whitesides 3328 Via Lido Newport Beach, California 92663 Dear Mr. and Mrs. Cole and Ms. Whitesides: Reference is made to your request (Corps File No. SPL -2012 -00485 -SME), dated May 15, 2013, for a Department of the Army (DA) authorization to construct the 3326 and 3328 Via Lido Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California, as shown on the attached Figures 1-4. Specifically, you are authorized to conduct the following regulated activities: 1. Remove an existing 2,722 -square -foot floating dock (Figure 3); 2. Remove eight existing 18 -inch square concrete guide piles (Figure 3); 3. Remove an existing four -foot by 26 -foot gangway (Figure 3); 4. Install a new 1,118 -square -foot dock structure consisting of a floating dock, landing, and gangway (Figure 4); and 5. Install three newl8-inch concrete guide piles (Figure 4). 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 LOP must be returned to the Corps of Engineers. In addition, please use the two attached pages to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estesgusace.army.mil. Z Please be advised that you can now comment on your experience with Regulatory Division.by accessing the Corps web -based customer survey form at: http:HcMsmapu.usace.army.mil/cm. apeNLTp=re ug latory survey. Sincerely; Corice I Farr Chief, Orange and Riverside Counties Section South Coast Branch Enclosures PERMITTEE DATE . 3 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE 4 PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 31, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms_ and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith . transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and.forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic; 5 c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; d) The plastic wrapping is sealed at all joints to prevent leakage; and e) . The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A pre -construction survey of the project area for eelgrass shall be conducted in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) (see http•//swr nmfs noaa mov/hcd/policigs/EELPOLrevl l final.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. If the Corps Regulatory Division determines. eelgrass may be impacted by project -related activities, further eelgrass monitoring and compensatory mitigation may be required, as described in the S.CEMP. 6. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.nmfs.noaa.gov/hed/caulerpa/ecp.pdf) not earlier than 90 calendar days prior to construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and CDFW at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFW. 7. A silt curtain shall be deployed around the project site throughout the duration of project - related activities. 8. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 9. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: no Commander, 11th Coast Guard District(dpw) Telephone: 510-437-2980 E-mail: dl1LNM@uscg.mil Website: http://www.uscg.miUdp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard,'Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: - is Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; iv. Vessels involved in the operation (name; size and type); v. VHF -FM radio frequencies monitored by vessels on scene; vi: Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed .to minimize wake, and proceed with caution after passing arrangements have been made." b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any Federal aids to navigation be, affected by this project, the Permittee shall submit a request; in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing'anyaids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. c)Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States; the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Applicant: Don and Judy Cole/Pamela Whitesides File Number: SPL-2012-00485-SME Date: 01/31/2014 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION The following identifies your rights and options regarding an administrative appeal of the above decision. Additional mformatroia may be found at http://www.usace.army.miUcecw/pa-ek/reg_materials.aspx or Corps regulations at 33 CFRMarf 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. ® APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION:. You do not need to respond to the Corps; regarding the preliminary JD. The Preliminary JD isnot appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further, consideration by the Corps to reevaluate the JD. - SECTION Il REQUEST FOR APPEAL or OBJECTIONS.TO.AN INITIAL PROFFERED PERMIT. `- REASONS FOXAPPEAL OR OBJECTIONS:- (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where.your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT.FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact; you may also contact: Stephen M. Estes Thomas J. Cavanaugh U.S. Army Corps of Engineers Administrative Appeal Review Officer, Regulatory Division, Los Angeles District U,S. Army Corps of Engineers 915 Wilshire Boulevard South Pacific Division Los Angeles, California 90017 1455 Market Street, 2052B Phone: (213) 452-3660 Fax: (213) 452-4196 San Francisco, California 94103-1399 Email: Stephen.m.estes@usace.anny.mil Phone: (415) 503-6574 Fax: (415) 503-6646 ' Email: thomas.'.cavanau h usace.arm .mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. / U �hE��U�� .yuCL � ' � ��E��, � �� EMU��a-- ��~~�~~. _-_ - - ��631~3122 FAX ��-��H��E ' �~-~~' EMAIL: '. 18April 2O12 Marc Brown California Regional Water Quality Control Board 3737 Main Street 8uha.5OO Riverside, CA 92501 Re: Boat Floating Dock Replacement ' Dear Mr. Brown: We are acting as hoh--��mw�� This isnotification that w we intend ."`°."`r,~~~ the boat dock and pile at the address referenced below, it hon«m�Ywith all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality. atthis location. ' 1 Applicant Name: Don & Judy Cole and Pam VVhhaokieo` � 2. Project Address: 3326Via Lido Newport Beach, California 92668 3 Applicant Phone. 948�338 .4521 949.873.4507 4 pmn:e|Numbec' A3304OOidrep(mcoex�et\ngfiom�ngduok� Reuseexisting 5. Scope ofVVork: Remove an»dheadwa\k. |nobaUnew S'x7Q'finger.new Install gangway 1 ooncrateguidapi\e. N33,370130, W1 6. Latitude/Longitude: Enclosed ~''fortheapp|�atonfee. 7 Applicable cxuu=�" a~^~~' b �ed000mrdinghoRegio»a\ Board General � Th�noboa��ngsuom 8 Statement: --- - dock pile � �n�hee�anu �euadonSaptomber29 2uo5 replacement, issued #h�nodueh000mp�toandauouna�� 0� Statement: The information n Please contact our office ifyou should have any questions. � Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. . / Jacquelyn Chung 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, g; plastering or any other related building activity, operate any tool, grading, demolition, paintin equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty pm., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction,. remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal r sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in .the water along their same bearing. Vessels shall not encroach upon the neighbor`s property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 17'. at is permitted to side -tie to the southernmost s 91. The maximum beam of a vessel thide of the float is 17'. Lisa Walters, Harbor Resources Date App ant Signature Print Name Date Joint Pier Applicant Si re applicable) Print Name Date HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 - Special Conditions June 27, 2012 Property Address: 3326/3328 Via Lido With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1'. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ...For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program -Coastal Land Use Plan. Page 1 of 2 Code 10.28.040 the following noise regulati Weekdays and Saturdays. No person shall, while engaged apply:digging. 7: In accordance with Municipaled m construction, remodeling, d gg 9 9 rading, demolition, painting, plastering or any other related building activity, operate any tool, equipmthe ent or machine in a manner which produces loud noise that disturbs, ny weekday 'sexrcept person of normal sensitivity who works or residms nQr on any Saturday except between the between the hours of seven a.m. and six-thirty, p• hours of eight a.m. and six p.m. B. Sundays and Holidays. No person nhalolf anal otfngaged aeeated in grading, demolition, painting, plastering construction, remodeling, digging, annrhich din activity, operate any tool, equipment or machine in V' moo ks or ares desS loud builg n the noise that disturbs, or could disturb, a person .of normal sensit vicinity, on any Sunday or any federal holiday." their same bearing. Vessels shall 8. Your side property lines extend in the water along not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code 10. The maximum beam of a vessel that is permitted to side-tie to the northernmost side of the float is 17'. 11. The maximum beam of a vessel that is permitted to side-tie to the southernmost side of the float is 17 to Lisa Walters; Harbor Resour s ame Date App ican Signature Print N gapplicable)Print Name Data Joint Pier Applicant Signature (if Page 2 of 2 STATE OF CALIFORNIA - THE RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 2000ceangate, Suite 1000 r. Long Beach, CA 90802-4302 (562) 590-5071 November 7, 2013 Lisa Walters City of Newport Beach Harbor Resources Division 829 Harbor Island Drive NewportBeach, CA 92660 RE: Administrative Permit No. 5-13-305 Dear Lisa: Enclosed please find the Notice of Administrative Permit Effectiveness for Coastal Development Permit No. 5-13-305 sought by Don and Judy Cole and Pamela Whitesides at 3326 and 3328 Via Lido, Newport Beach. As you know, the—proposed dock replacement project requires demolition of the existing dock that is shared with Rick Farrell, the owner of neighboring condominiums at 3322 and 3324 Via Lido. Mr. Farrell has received approval from the Coastal Commission for Coastal Development Permit No. 5-13-101. However, Mr. Farrell has not signed and returned the Administrative Permit for his dock replacement project. Since the twin projects require demolition of the existing shared dock, work on the separate replacement docks cannot proceed without Mr. Farrell's signature on the Administrative Permit. In addition, the Administrative Permitsfor both Cole/Whitesides and Farrell contain the following condition: 5. Demolition of the Existing Shared Dock Demolition of the existing shared dock shall not proceed until the Executive Director has notified each applicant in writing that the permittees for this permit 5-13-305 and permit 5-13-101 have complied with the pre -development requirements of Special Conditions 2 and 3.... [Special Conditions 2 and 3 are as follows:] 2. Eelgrass Survey(s) A. Pre -Development Eelgrass Survey. Prior to commencement of any development approved under this coastal development permit, including demolition of the existing dock system, a valid pre -development eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre - development survey shall be completed prior to the commencement of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy' Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. 3. q Page 2 of 3 B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the. Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. Pre -development Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project") including demolition of the existing dock system, 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 Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert Hoffmann National Marine Fisheries Service (562/980-4043), or their successors. 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) theapplicant 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. Page 3 of 3 II Should you have any questions regarding these conditions, please contact me at 562-590-5071. Sin rely, Jeffrey Rabin Coastal Program Analyst STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY EDMUND G BROWN JR GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 r (562) 590-5071 ( Date: October 30, 2013 Permit No. 5-13-305 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised;that the Administrative Permit with the above permit number which was sent to you on September 20, 2013 and was reported to the Commission on October 9, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director By: Title: Coastal Program Analyst }Z4--3320 STATE OF CALIFORNIA —NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 „� 4 Long Beach, CA 90802-4302 (562) 590-5071 W7c Staff. J. Rabin -LB Date: September 19, 2013 ADMINISTRATIVE PERMIT Application No.: 5-13-305 Applicants: Don and Judy Cole, Pamela Whitesides Agent: Swift Slip Dock & Pier Builders, Inc. Location: 3326 and 3328 Via Lido, Newport Beach (Orange County) Project Description: Remove the existing floating dock and gangway that is shared with the neighboring condominiums at 3322 and 3324 Via Lido. Remove four 18" square concrete piles. Construct a new dock with a 3' x 3' gangway landing; a new 3' x 24' gangway, a 31.5' x 17.5' dock landing; two 4' x 4' knees; and a 79' x 6' dock finger. The project also involves installation of three new 18" square concrete piles. Total water coverage of the new dock at this site is 1,117.75 sq. ft. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following,time and place: Wednesday, October 9, 2013at 8:30 a.m. Crown Plaza San Diego 2270 Hotel Circle North San Diego, CA 92108 1 5-13-305 (Cole-Whitesides) Administrative Permit 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 ANn THE NOTICE OF PF,RMTT EFFECTIVENESS FROM THIS OFFICE. CHARLESLESTER Executive Director::; By: Jeffrey Rabin Title: Coastal Program Anal STANDARD CONDITIONS:: This permit is granted subject to the following standard conditions: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has. not commenced, the permit will expire two years from the date ,on which the Commission .voted on the application. Development shall be pursued in a diligent manner and completed :in a reasonable period of time. Application for extension. of the permit must be made prior to the expiration date. 3. interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject 'pro to the terms and conditions. SPECIAL CONDITIONS: See pages six through ten. 2 5-13-305 (Cole-Whitesides) Administrative Permit EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposeddevelopment is a category of development, which, pursuant to PRC Section 30624; qualifies for approval 'by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as 'attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION The subject site is located at 3326 and 3328 Via Lido in the City of Newport Beach (Exhibit 1). A two -unit condominium building characterizes the subject site. The immediate area is characterized by multi -unit residential and commercial uses (Exhibit 2). In November 2010, the Commission approved a De Minimis waiver to split the subject property at 3326 and 3328 Via Lido from the neighboring property at 3322 and 3324 Via Lido. The lot split subdivided the four -unit condominium project into two separate, two -unit condominium buildings. The owners of the four condominium units continue to`slare the existing boat dock. At present, a 4' x 26' gangway, straddles the property line between the two condominium buildings and provides the only access to the existing dock, which includes three U-shaped boat slips (Exhibit 3). The proposed project involves removal of the existing dock that is shared with the neighboring condominium units at 3322 and 3324 Via Lido. The existing dock has four fingers, each 75' long and 6' wide. There is a 33' x 8' headwalk next to the biggest of the boat slips; a"6' x 12' section; a 6'x 11' section; an. 11' x8' dock landing;:a 4'.x 26' gangway; two 8'. x 13' headwalks next to each of the smaller boat slips; another 6' x 12' section and" six 4' x 4' knees. Total water coverage for the existing floating dock and gangway`is 2,722 square feet°(Exhibit 4.) The existing dock has eight 18" square concrete piles, which will be removed. Once the existing dock is demolished, the applicants for this permit, Don and Judy Cole and Pamela Whitesides propose to build a new T-shaped dock with 3' x 3' gangway landing; a 3' x 24' gangway; and a floating dock consisting of a 31.5' x 17.5' headwalk; two 4' x 4' knees; and a 79' x 6' dock finger. Three new 18" square concrete piles would be installed. The proposed dock, like the existing dock, would extend from the bulkhead 100 feet bayward to the City's project line. The project's total water coverage would be 1,117.75 square feet (Exhibit 5). When the subject project is combined with the separate neighboring 848 square foot dock replacement project (Exhibit 6) (CDP No. 5-13-101), the total water coverage is 1,965.75 square feet. This is 756.25 square feet less than the existing 2,722 sq.ft. dock. The combined project will. 3 5-13-305 (Cole-Whitesides) Administrative Permit have six new 18" square concrete piles and two new 14" concrete T -piles: The total amount of fill will be reduced from 18 square feet to 16.22 square feet. The dock'projectwill be used for boating related purposes to serve a multi -unit residential development. ,As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey was conducted on April 21, 2012. No eelgrass was observed within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A - survey completed in August -October shall be valid until the resumption of active growth (i.e., March 1). The project, is on the. agenda for the October 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction.. . As required, by the City. of Newport Beach Harbor. Resources Division,,a pre -construction Caulerpa taxifolia, survey was done on Apri121, 2012. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the.October 2013 Coastal Commission meeting. The Caulerpa taxifolia survey is not valid since 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions 2 and 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Condition 3 also identifies the procedures necessary to be completed prior to beginning any construction. Local Government and Other Approvals The proposed project received Harbor Permit Number 124-3320 and Plan Check Number 0987- 2012 from the City of Newport Beach Harbor Resources Division on June 27, 2012. The applicant's agent has sought approval from the Santa Ana Regional Water Quality Control Board (RWQCB). The agent also applied to the U.S. Army Corps of Engineers for a permit, but has not received a Provisional Letter of Permission (Provisional LOP)_ for the dock replacement project as of this date: As part of its Harbor Permit for the project, the City of Newport Beach has imposed Special _ Condition 8, which states: "Vessels shall not encroach; upon the neighbor's property on either` side:" The City also included Special Condition 9, which says: "Vessels may not extend beyond the end of the fingers by more than the width of its beam." The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 17'. The City's Special Condition 11 says that the maximum. beam of a vessel that is permitted to side - tie to the southernmost side of the float is 17' B. PUBLIC ACCESS The project site is located in an area of the City of Newport Beach with private docks and limited public access to the harbor. The nearest public access to the bay front is, approximately 215 feet south of the subject site at a beach near a bridge connecting Via Lido with Lido Island: The shoreline along the bulkhead in this area is submerged most of the time, thus public pedestrian use of that area is, at most, infrequent. The proposed development consists of removal and replacement of a floating dock systemadjacent to two existing` developed residential lots and will not affect the - 4 5-13-305 (Cole-Whitesides) Administrative Permit existing public access conditions. It is the private property that impedes public access. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms to Sections30210 through 30214, Sections 30220"through 30224, and 30252 of the Coastal Act. - C. 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 taxifola. 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. The City of Newport Beach has imposed Special Condition 4 on the Harbor Permit for this project. "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio _furniture, plants etc ... are not permitted." Compliance with this City -imposed condition will contribute toward the project's consistency with Section 30233 of the Coastal Act. D. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and . materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality, the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission :finds that the development conforms to Sections 30230 and 30231 of the Coastal Act E. LOCAL COASTAL PROGRAM , The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. F. 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 5 5-13-305 (Cole-Whitesides) Administrative Permit the environment.. Therefore, the Commission finds that the proposed project, as conditioned to , mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition'or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain _or tidal ;erosion.and dispersion. (2) Any and all debris resulting from demolition or construction. activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) ,Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as,soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day: (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction.. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take N 5-13-305 (Cole-Whitesides) Administrative Permit place unless the Executive Directordetermines that no amendment or new permit is'le,gally required: (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited: (1`4) Spill prevention and control' measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated' fueling` and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on=set of such activity. (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program. By acceptance of this permit the applicant . agrees that`the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be' managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs 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. 7 5-13-305 (Cole-Whitesides) Administrative Permit c. The applicant shall minimize the use of detergents and boat: cleaning and maintenance products containing ammonia,. sodium hypochlorite, chlorinated solvents,. petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. .(3) Petroleum ControllylanagementMeasures: a., Boaters will practice preventive engine maintenance and.will,use oil absorbents in the bilge and under the engine to prevent oil, and fuel discharges. Oil, absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump-out facility orsteam cleaning services that recover and properly dispose or recycle all contaminated liquids. . c. Bilge cleaners which contain detergents or emulsifiers will not.be used for bilge cleaningsince they may ;be discharged to surface waters; by the bilge PUMPS..: 2. Eelgrass Survey(s) A. Pre-Development Eelgrass Survey. Prior to. commencement of any development approved under this coastal development permit, including demolition of the existing dock system, a valid pre--development. eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre-development survey shall be completed prior to the commencement of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision.8 (except as modified by this special condition): adopted by the National Marine Fisheries Service and.shall be prepared in consultation with the California Department of Fish and Wildlife.. The applicant shall submit the eelgrass survey for.the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any 8 3. 5-13-305 (Cole-Whitesides) Administrative Permit development. If the eelgrass survey identifies any eelgrass within the project area which'would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife: The applicant shall, submit the' post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30)" days after `completion of the survey. If any eelgrass has been impacted, the applicant'shall replace the impacted eelgrass of a'minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determinesthat no amendment or new permit is required. Pre -development Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), including demolition of the existing dock system, 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 Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) .for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. 9 5-13-305 (Cole-Whitesides) Administrative Permit 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. 4. Public Rights_ The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 5. Demolition of the Existing Shared Dock Demolition of the existing shared dock shall not proceed until the Executive Director has notified each applicant in writing that the permittees for this permit 5-13-305 and permit 5-13-101 have complied with the pre -development requirements of Special Conditions 2 and`3 above. ACKNOWLEDGMENT OF PERMIT REC EIPUACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing Applicant's Signature Date of Signing Applicant's Signature Date of Signing 10 3326 and 3328 Via Lid®, Newport Beach ® Administrative Permit 5-13-0305 Exhibit 1 3322-3328 Via Lido, Newport Beach Administrative Permit 05-13-305 Exhibit 2 Existing dock at 3322-3328 Via Lido, Newport Beach — 5-13-0305 ® Exhibit 3 ;,-�°^�=r-� r-.-r-�=.�=s^e.�v-r=r--. e^1�ro��.,:✓rro�r.-�✓ss;�,vor-aar�a...�`°v'..rrra�rrr,�'.�a'.®:..P�`•�::r�°•wi✓e-eA:r•_ �r�.r Proposed • - • • • 1Exhibit HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing dock. Install new 79'X 6' fin er. Install 3-18" concrete guide pile. Install new gangway and gangway landing. Address number must be stenciled on at least 1 bayward facing pile. rier conanions must oe signed ny applicant prior to final approval. Property Address: 3326 Via Lido Legal Description: Harbor Permit Number: 124-3320 Plan Check Number: 0987-2012 Applicant: Cole/Whitesides Applicant's Mailing Address:3326 Via Lido, Newport Beach CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 .And find 1 They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Reso June 27, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2of2 n,. � . Worksheet for Building Combo Permit Application a��v°ire " City of Newport Beach - Building Department ## r Please print 3 copg� , HARBOR U �,P [:Building _ Grading '_Drainage p- Elec 1_.__ Me LITMAuNEWPORT c O - � (1. Pro'etdess- hrlilaiiin address) (Alt Vila VIA , 4-M Tenant Name(if Applicnits (if Residential) able) �. DDS _ D6 _ D s ription f Wo Use i i Extg Building SF Dem ilding F Ad / econstruct Bldg SF Extg Gar sf Demo Garage sf Add/Reconstruct Garage sf # Stories, i ... TOTAL BLDG SF Cu Yd Cut F77 New Add Alter Demo �M TOTAL GARAGE SIF Cu Yd Fillt ........... .. ........... Check Appropriate Box for Applicant r ! % ° I 17.3. Owner's Name Last 1��....._v..r..�:I�i..L� First Q.Wojer's Address Pwners E- ail Addre City Ulf U. �. _ State ._ � }�$... Zip '1 `A0V TelephoneVI J/ ` ...�J 4. Architect/Designer's Name Last FirstF7777777 Lic. No. F.77 ... .. ... ... .... ...................... .. Architect/Designer's Address Architect/Designer's E-mail Address ... ....... ................................ City State F Zip ....... Telephone a City Lic. No. Engineer's E-mail Address Telephone OFFICE USE ONLY ENERGY P/C FEE $ . oqj�t. PERMIT NO. GRADING P/C FEE $ FIRE P/C FEE $ PLAN CHECK NO. Rev 4116109 ELEC/MECH/PLUM P/C FEE $ PLAN CHECK FEE $ CITY OF NE PRClFjC OeE RN VICINITY MRP � a�aRr air, cn,t�oraun EES. GRASS INSPEaCTIO ®E ilgrass within 15M project 0 E Igrass within 15 - 30' of projq �6 N elgras in roject area inature K BERCH UPPER 1 ' ERY rti �Lt 'Jl�a i�3 a�..cs a; x aur Ursa tit, l .Y✓ _,. EAY. WST �\ Jim T� 116 MET PMF I LE 1' = 40 tim SOUNDINGS ARE EXPRESSED IN FEET END DENOTE ELEVATIONS BHSED ON MEAN LOWER LOW WRTER, 60 } ► E i oa" 0 � OF...- pQ d` c 2� 'Ig \jade � ye .eb _ e� av N Gz 3y 15 v ' I co aid ll�� a'��a <6 r 3 rem �a opo �r ARBOR RESOURCES DIV, 7 .. :—.., I .. �__..J ...�.___._� ITY OF NEWPORT BEACH - _ : ��= : 1 �°� 1 �' ��► r ` .4_�._..,1_ 7 w flPPI ICHNT'5 rME ! 1 {D� Joa RDt>�es �l/1� L1 MTe 2027 Placentia Avenue, Costa Mesa, California 9262.7 -;Ffr (949) 631-3121 Fax (949) 631-3122 -7� I - 31- DOCK & PIER gUILDERS, INC. 2027 Placentia .Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 ; LAI 1 , yiy � , , I N M i + , , I 1 F �I t i _......... -. }.M ._--_. _T _-.,.-_a-- DfJC & PIES ' -' BUILDERS, INC. � Walters, Lisa From: Jacquelyn Chung Dacquelyn.chung@sbcglobal.net] Sent: Thursday, November 01, 2012 10:11 AM To: Walters, Lisa Subject: Swift Slip Attachments: Cole Whitesides.PDF Hi Lisa! Do you have any more completed AIC"s for me? Attached is an updated AIC drawing for the Cole/Whitesides project. I am in need of receiving your stamp of approval for this drawing. Nothing has changed. but since the existing dock is connected the permitting agencies are requiring that we change the drawing to include the neighboring property as a reference. The property has been subdivided but the agencies need to be certain both parties are in agreement. You will be receiving the AIC for Mr. Farrell very soon. I would appreciate if you could place your seal of approval on this submission and then file this one as the projects AIC. I'm hoping to pick up a stamped copy when I pick up the remaining AICs. Please call me with any questions regarding this matter. Thank you, Jacquelyn Jacquelyn Chung Permit Coordinator Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office 949.631.3122 fax i 111. Via Lido Village ow ya ss o ciaU",o n 3326 anid 3328 11�4,a Lido Newport Beach, c Cice 92663 263 June 2, 2012. To whom It may concern, This letter ill confirm that the Via Lido Village Condominium Association has authorized wift Slip to apply on its behalf to reconstruct the docks in front of its two -unit condominium project, located at 3326 and 3328 Via Lido, Newport Beach. The undersigned comprise 100 of the owners of the project and comprise the entire governing boder of the Association. f f r fi jj Judy (3326 iia Lido) Date Don Cole (3326 ilia Lido) Date i Pamela L. Whitesides (3328 Via Lida) mate V �xFfeet' 1000 meters 500 feet, 200 e a r t h meters70 AUTHORIZATION OF AGENT I, Don Cole, hereby ;designate and authorize Peter Swift and his .representative Jacquelyn Chung, to act on my behalf as my agen in the processing of this permit application and to furnish, upon requesting, supplemental information in support of application. Signed: Cr(� Dated: / /�- AUTHORIZATION OF AGENT 1, Pamela L. Whitesides, hereby designate and authorize Peter and his representative Jacquelyn Chung, to act on my behalf as agent in the processing of this permit application and to furnish, u requesting, supplemental information in support of application. Sig ned: Dated: / .=,Z n Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121 - Fax (949) 631-3122 19 April 2012 Re: Don & Judy Cole Pam Whitesides 3326 Via Lido Newport Beach, California 92663 Remove and replace existing floating dock system. Document #1 —Assessors Map Document #2 — Aerial View of Project Site Document #3 — Project Site Document #4 -_- Drawing of Existing Floating Dock Document 95 Drawing of Proposed Floating Dock Floating Dock . Install 3 new 18" concrete guide pile Superfloat floatation pontoons 4 x 8 framing with 5 x 7 angle clips, and '/2" bolting throughout TREX composite decking Steel pile guides with 4 polyurethane rollers each Install decking with stainless steel screws Gangway Install 3 x 24 gangway with TREX composite decking to match dock. 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-31.21 Fax (949) 631-3122 � I i r ! i . I 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 Fax (949) 631-3122 7- ro V r- DOCK & PIER BUILDERS, INC. DIVE WORKS (949).759-0773 3226 VIA LIDO 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 April 21, 2012 Date of Pre -Construction Eelgrass & Caulerpa Survey Report: April 21, 2012 Subject: Pre -Construction Survey - Eelgrass Survey and Caulerpa Taxifolia Survey 3226 Via Lido, Newport Beach CA Mr. Pete Swift, Attached is the Pre -Construction eelgrass (Zostera marina) survey report and Caulerpa Taxifolia survey report for the, above-mentioned address. Eelgrass was not observed in project area No Caulerpa Taxifolia was observed in subject area noted above. This is a Pre -Construction Eelgrass & Caulerpa Survey Report as required in accordance with California Coastal Commission (CCC), City of Newport Beach and Army Corp of Engineers (USACOE) to determine if the project impacted eelgrass. The Southern California Eelgrass Mitigation Policy (SCEMP) pertains to eelgrass that is widely distributed throughout Southern California Coastal and Harbor Regions. SCEMP has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This Pre -Construction survey will assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible developments by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us Respectfully, DiveWork@gmail.com (949) 759-0773 Pre -Construction Eelgrass & Caulerpa Survey Report Page 1 of 8 I, DIVE WORKS (949) 759-0773 3226 VIA LIDO 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 April 21, 2012 3226 Via Lido Newport Beach, CA Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Eelgrass & Caulerpa Survey Report Report Prepared April 21, 2012 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Pre -Construction Eelgrass & Caulerpa Survey Report Page 2 of 8 � fr a �; DIVWORKS �..:a ( 9 4 9) , r 3226 IIIA LIDO 929 0 Shoreline village Drive RIES/®R'T BEACH, CA Long Beach, CA 90802 April 21, 2012 Current Situation — Pre -Construction Eelgrass & Caulerpa Survey Report Property located at 3226 Via Lido., Newport Beach, Ca (see Figure 1) has proposed to split current dock system which are 3 "U" shaped slips integrated into an interconnected dock system, see Figure 1. Current dock system is owned by two different residents which have agreed to removing the entire dock system and building their own independent docks which will not be connected to each other. No construction has been conducted to date at time of this survey. Eelgrass was not observed. Caulerpa was not observed. The survey was conducted April 21, 2012 1230 hr, N 33.6171170, W 117.9268910. It was cloudy with overcast skies, air temperature was 65f and water temperature was 63f. Depth measurements were done with transect tape, depth gauge. Divers entered the water from dock covering 50ft parallel with sea wall and 80ft out from sea wall. Visibility was 10ft. Divers swam parallel with sea wall and spanned an area of 5ft on either side, through the entire survey area to ensure >75% coverage of bay floor, see Figure 1. Depth ranged from 9ft at sea wall to 20ft at end of dock. Pre -Construction Eelgrass & Caulerpa Survey Report Page 3 of 8 x ' s V E WORKS 429.0 Shoreline Village Drive Long Beach, 0A 901302 i�M1140'PT3 me ski M'1111111111�� 6.000 5.000 J 4.000 a s, 3.000 io 2.000 v L v 1.000 v 0.000 -1 000 NOAA/NOS/CO-GFS Preliminary Water Level (A1:1) tits. Predicted Plot. 9410170 San Diego, CA Pram 2012/04/21 - 2012/04/21 04121 04/21 04/21 04/21 04/21 04/21 04122 00:00 04:00 08:00 12:00 16:00 20:00 00:00 Date/Time (GMT) Predicted Tide Observed WL (Obs-Pred) Figure 3. Site Location: 3 "U" Shaped slips integrated as one dock. Picture shows project site. Survey Findings No Coulerpo was observed within project site (see attached Coulerpo Survey Reporting Form). No Eelgrass was observed within project site. Various marine life was found in survey area that include muscles on floats and piles, skates on bottom, small fish, sponges, and sea snails. Bottom is sand and sediment/silt. Pre -Construction Eelgrass & Caulerpa Survey Report Page 4 of 8 J` 3, 04121 04/21 04/21 04/21 04/21 04/21 04122 00:00 04:00 08:00 12:00 16:00 20:00 00:00 Date/Time (GMT) Predicted Tide Observed WL (Obs-Pred) Figure 3. Site Location: 3 "U" Shaped slips integrated as one dock. Picture shows project site. Survey Findings No Coulerpo was observed within project site (see attached Coulerpo Survey Reporting Form). No Eelgrass was observed within project site. Various marine life was found in survey area that include muscles on floats and piles, skates on bottom, small fish, sponges, and sea snails. Bottom is sand and sediment/silt. Pre -Construction Eelgrass & Caulerpa Survey Report Page 4 of 8 DIVE WORKS (949) 759-0773 429-0 Shoreline3226 VIA LIDO . Village Drive NEWORT BEACH, CA Long Beach, CA 90802 April 21, 2012 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to .be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California` Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 3226 Via Lido Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference:. (ACOE Permit No., CCC Permit No.) HyRd.ographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6171170 (UTM, Lat./Long., datum, accuracy level, attach W 117. 9268910 electronic survey area map if possible) Was Eelgrass Detected: No, not within 10' of project site Description of Permitted Work: (describe briefly the work to be.conducted at the site under the permits identified above) Pre -Construction Eelgrass & Caulerpa Survey Report Page 5 of 8 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 3226 VIA LIDO NEWORT BEACH, CA April 21, 2012 Caulerpa Survey Reporting Form (Cont.) Description. of Site: (describe the Depth range: 9'— 20' Bottom is sediment and sand. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 630 Salinity: Dominant flora: Dominant fauna: Small fish, skates, muscles, spnoges, sea snails Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA. (please describe the surveys conducted including type of survey DATE: April 21, 2012 (SCUBA, remote video, etc.) and TIME : 1230 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any Limitations encountered 'during the survey efforts. Horizontal visibility in water: 10' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Pre -Construction Eelgrass & Caulerpa Survey Report Page 6 of 8 DIVE WORDS (949) 759-0773 3226 VIA LIDO 429-0 Shoreline Village Drive NEWORT BEACH, CA Long Beach, CA 90802 April 21, 2012 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist .in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 3226 Via Lido Newport Beach CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) HyRd.ographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6171170 (UTM, Lat./Long., datum, accuracy level, attach electronic W 117. 926891° survey area map if possible) Was Eelgrass Detected: No, not within 10' of project site Description of Permitted Work: Replace existing "U" dock (describe briefly the work to be conducted at the site under the permits identified above) Pre -Construction Eelgrass & Caulerpa Survey Report Page 7 of 8 DIVE WORKS (4) 759-0773 429-0 Shoreline Village Drive Long Beach, GA 90802 3226 VIA LIDO NEWORT BEACH, CA April 21, 2012 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 9' to 20' Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into Variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 630 Salinity: Dominant flora: Eel grass Dominant fauna. Small fish, muscles, spnges, skates, sea snails Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys conducted including type of survey DATE :.April 21, 2012 (SCUBA, remote video, etc.) and TIME :1230 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 10' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as.ma s, reports, etc. Eelgrass Survey Reporting Form (April 2009) Pre -Construction Eelgrass & Caulerpa Survey Report Page 8 of 8 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions June 27, 2012 Property Address: 3326/3328 Via Lido With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 17'. 11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the float is 17 '. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 CITY OF NEWPORT BEACH March 29, 2001 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Freedom Escrow 2 Civic Plaza, Suite 200 Newport Beach, Ca 92660 Re: Pier Permit 12433201for 3320 Via Lido, Escrow # 35272 Attention Karen Dear Sirs: The City of Newport Beach Marine Environmental Management Division has inspected the floating dock for the unit at the Bahia Condominiun complex, that is in escrow and finds that it meets City standards. If you require additional information, please call 949-644-3043. Sincerely, kesmand Harbor Resources 3300 Newport Boulevard, Newport Beach Balboa Newport 2alty. Inc. =+ ? `M, www.bEilbEiEinewpc7rt.com TERRITRENT Balboa -Newport Realty (949) 723.4494 x 13 3020 Newport Boulevard Cell (714] 404-7720 Newport Beach, CA 92663 Fax (949) 723-4498 a v i c��_- A.;�-�- � 3�� ,�. u�.� ��Q ��b,s �,- �� I �� I� �ce(� i �� en �� kf f � h��- �' ��ry� �� I �/3�� I�� ,� �T/'"' �� y -3 Z� � ��% CITY _�WPORT BE v o H\ NE Wp BAY 0 CJ A N YMNITY MRP Sunset Bch I �HOTE � �SSED YL%U LOH WRRD RER, �L©p OF&Itl';�9;e-141-° cls t • . AI, HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH 14' I WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATIQN HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH u - BUILDING DEPARTMENT ;'fit jallY,'f PLEASE PRINT OR TYPE 1. PROJECT ADDRESS'(NOT MAILING ADDRESS) I i. FLOOR SUITE NO. coo LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT i 2. DESCRIPTION OF WORK C G��' USE # OF STORIES - VALUATION $ NEW ❑ ADD ❑ ALTER ❑ DEMO ❑ SQ FT (NEW/ADDED/EXTG) Check Appropriate Box for Applicant ❑ 3. OWNER'S NAME LAST 154�61,4- FIRST C6�-,,do,%C OWNER'S ADDRESS OWNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FIRST STATE LIC. NO. ENGINEER'S ADDRESS ENGINEER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 6. CONTRACTOR'S NAMI d -'' BUSINESS LIC. �? STATE LIC. �7 No. / �tsClass CONTRACTOR'S ADDRESS -�! CONTRACTOR'S E-MAIL ADDRESS CITY STATE ZIP O.� PHOib OFFICE USE ONLY TYPE OF CONSTRUCTION OCCUPANCY- GROUP PERMIT NO. PLAN CHECK NO. PLAN CHECK FEE $ PLAN CHECK ENG. rorms�tmcig_appucanon i3/L//U4 Cl r)e r v `ti wQ.vnwa! off". ® o p R T o tBwcBaA. D- y"f�d� ,� �.� �'–""" �'.'."'i.•.�^..".'' )Y wAw' �."C-7'�------ Jac req , �w'yr ! y, �ORwww N �'<o.o' ViC)MBTY .SkFTCH w4.9:.15n'r j�rrt� topp� J / IV QWP®.Ri 5AY GIRL IiORNfA SOvnd/»S/S nr ex, -messed /r7 yaell anal aonofe deo1hs 6clow Neon Lower Gow Wofer. Wox.,,P fnv r�f��y of fide opprvx/er�o�lo/y /O reg. tlorooe /.;?Cs are 44f061!'shcFd ir, >/his : sCc�iofy o>F'NawPorf day. L n4 _ 19 17 '.. � • P ;-1 �� a ..,-� +I I, I _ ; _7 i 6ou'th oI'as�t Reg . .�', I '•I ' Is' q >la9' �pMp � I anal , Perm- v T a X 3 2 i . i c/ CITY NALLI 33 O NEWPORT BLVI. NE PORT BEA N. C 92663 i V,.A I AIS �,. Cordo Assn, Z oma- ' 3 - A.3 Z?A C,-1 .✓�� AvDe 'ss V t o, 1 o C4A1rvAcroAaGMI5 i.. a E" ,, PERMISSION IS HEREBY GRACv9'1'ED TO CONSTRUCT AND MAINTAIN THE FACILITY wTrlOwkq 0i4 nt-. G��RP%V�:�E OIE�dEml , AT YIIIm SIDE I DICATE,Pp S1.lF�3F I'!� T 3pr GVaS;ONS OF THE HARBOR PERMIT P'0I 7F° % 5 OFc'I' I$El�CII ASID ANY SPEt:tAL CO%I` i I NS LLSE'D 1' H115 PI: RM11 IS NOT TRANSFERABLE �a� u � �'E� CONSENT E31 TIT' CITYIIAI�,I�IS C''a�3�� s� � l�'�.TaE �';'CIBI'S�,:IL, '�Fi6: ItIta81IS N9s' f� UNDER y? �TPi I G:z r$ 'I A!R PEr,4Rjq�uSIVE Q9PdLN AND THIS PERMIT MAY IRE JvlriVOSKED By 'IrVE CiTy COUNCIL IN ACCORDANCE WITH TITLE 17 OF THE 1-WU "CIPAL COBE. CITY HARBOR Cooff-D-INATOR goEk iR IT Nm< �, SPECIAL CONDITIONS: Corps of Engineers Permit zs- -1,7-90 Orange County Perini$ Other,,- (:- 4. ' UcTjrn DATE ..._..?'$. Flo..... SEE ATTACHED_, SHEET, That 40y domes 1c water services and/or electrical , spry ce rvisions and naw insta + nrsaed under a perm t. tbne4. am I,t k; Memo TO; SUBJECT: 4 r,�!'��=�L.- CITY OF NEWPORT BEACH <o DATE: �- Z 2 `� COPIES TO: "c - SIGNATURE Pamela L. Whitesides 3322 Via Lido Newport Beach, California 92663 (949) 673-4507 January 27, 1999 Mr. Wes Armand Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, CA 92663 Re: Commercial Pier Permit: CP12433201 Dear Mr. Armand: As president of the Bahia Condominium Association, I have been authorized to request a change in the Association's pier permit status from the above -referenced commercial permit to a residential permit. The boat slips `are located at 3322 to 3328 Via Lido. For some years, the Association has been paying for a commercial pier permit on the basis that the property was zoned commercial, and that some of the four condominium owners were at times renting their slip space to nonresidents. In 1998, the property was rezoned to multi -family residential. Therefore, commercial uses are no longer permitted. Even before the zoning change, the members voted several years ago not to allow owners to rent slip space to nonresidents, and there have been no renters since then. In addition, the CC&R's specifically limit the use of the property to residential purposes only. Therefore, in view of the zoning change, the CC&R's, and the actual use of the property for residents only, a residential pier permit is appropriate. Thank you for your attention prior to the time the renewal fees are due. If you need any other information to enable you to issue the residential permit, please do not hesitate to call at the number above. Very truly yours, Pamela L. Whitesides Pamela L. Whitesides 3322 Via Lido Newport Beach, California 92663 (949) 673-4507 March 17, 1999 Mr. Wes Armand Newport Beach Marine Department 3300 Newport Boulevard Newport Beach, CA 92663 Re: Commercial Pier Permit: CP12433201 Dear Mr. Armand: This letter will confirm my March 16, 1999 telephone conversation with Tony Melum regarding changing the above -referenced pier permit from commercial to residential. Mr. Melum advised that you and he had discussed my January 27, 1999 letter requesting the change, and that you had determined that our pier permit should be changed to residential status. As I told Mr. Melum, the Association received a renewal notice for a commercial permit. He said we would soon be receiving a supplemental bill showing the residential status, and that he would ask you to call me when you returned from vacation. The Association's concern is that we not be penalized for not paying the dock permit fees before the April 1st delinquency date if we have not received our supplemental bill by that time. Please call me to let me know how soon we can expect our bill, or alternatively, how much we should pay the City for the residential permit. In addition, we noticed that you have addressed the bill to "M. Garvey" who is no longer an owner or Association member. Please change your records and send future bills to Bahia Condominium Association, c/o Concord Executive Services, 18 Technology Drive, Suite 104, Irvine, CA 92618. Thank you for your help in this matter, and I look forward to hearing from you. Ver truly yours, Pamela L. Whitesides President, Bahia Condominium Association 9 PO ° � CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c'9G� Fo RNP February 7, 1995 Tom and Pam Allen 3322 Via Lido Newport Beach, CA 92663 Re: Pier Permit Number 0124-3320-1 Dear Tom: I am in the process of researching your request to convert the Bahia Condominium Association from a commercial to a residential pier. Once that research is completed I will contact you with the information so that this matter can be resolved. Very truly yours, Tony Me um Acting Marine Director IInallen.bahia 3300 Newport Boulevard, Newport Beach TOM AND PAM ALLEN - 3322 VIA LIDO NEWPORT BEACH, CALIFORNIA 92663 (714) 673-4507 January 30, 1995 Mr. Tony Melum City of Newport Beach Revenue Division 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659-1768 Re: Bahia Condominium Association Annual Pier Permit Reference: Pier Number 0124-3320-1 Dear Tony: This is a request on behalf of the Bahia Condominium Association ("Association") that the Association's pier be re-classified as a residential pier. There are four condominiums in the Bahia Condominium Association and each unit owner has the exclusive right to use one of four slip spaces in the common marina area. In February 1994, the Association's pier was classified as a commercial pier based on the docks' location in a commercial/residential zone, and the finding that the docks were not reserved for the exclusive use of the Association's owners. On December 1, 1994, the Association's Board of Directors voted that the unit owners ma�not_ rent or lease their slip space to renters. Therefore, all boats in the Association marina are unit owners' boats, and renters' boats are not allowed. If you have any questions, please do not hesitate to call. Very truly yours, Thomas W. Allen P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 14, 1994 Bahia Condominium Association 3326 Via Lido Newport Beach, CA 92663 Attention: Michael D. Garvey, President Dear Mr. Garvey: Thank you for your letter of February 10, 1994. I have researched the file for the Bahia Condominium Association and our file regarding the establishment of a commercial .fee for tideland's permits within the City of Newport Beach. That research has indicated that there were two criteria, essentially, in establishing the commercial fee. Number one was that the piers were bayward of a commercially zoned area, and number two that the docks were not reserved for the exclusive use of the upland property owners and could be rented. Unfortunately, it is my understanding that the Bahia Condominium Association is in a commercially zoned location, and the docks are available to renters and not exclusively reserved for the use of the upland property owners. As result, we would continue to maintain the Bahia Condominium Association on our commercial roles, and they would be responsible for the commercial pier permit. If you have any questions and would like to discuss this further, please contact me at (714) 644-3044. Sincerely, Tony Meum ' Deputy Director tmbahia.ltr 3300 Newport Boulevard, Newport.Beach FEB -10-1994 07:4G FP`L_j [ILvlA COM7EPT9 N B CA TO Bahia Condominium 3326 Via Lido Newport e:: a 92663 '° 4 723 4346 7147234375 February 14, 1994 6733056 P.01 subject:: f3ahlaCandoininiurn AssociationAnnual: Pier, Permit lReferehce: Pier Number 0124-3320-1 Dc-ara lr. Melum. As M4. discussed oto .the telephone e yesterday, this letter is a request to re- eia" y the Bahia Condominium Association as a residential' pier. The facts in support of this request are listed below. eah Condominiums a consist of a total of four units' Eaoh unit has its own boat,dock l slip deeded for the ex�iuse use of each condominium unit, 2. The Bahia Condominium Association maintains the docks as part of its overall #unction, but does net collect rent for any of the slips from any FEB -10-1994 4 T T FRGS; ME`LYfA CONCEPTS hal B CA TO `i 6733056 P.02 March 13, 1984 CITY OF NEWPORT Virginia Dey 3328 Via Lido Newport Beach, CA 92663 Dear Ms. Dey: As of this date, the permit fees for the piers and floats at 3320 Via Lido have not been totally paid.. The amount originally due was $353.60. On February 29., 1984 the City received $176.80 or one-half the amount due. As of this date the balance of $176.80 is still due. It is the understanding of the Marine Department that the balance due is your responsibility, as will be any penalties which accrue as a result of the fees not being paid in a timely manner. Please call me if you have any questions. I can be reached at 640-2156. Yours truly, Tony Melum Tidelands Administrator TM: db City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWTORT BEACH, CA 92663-3884 May 6, 1982 Virginia Dey 3326 Via Lido Newport Beach, CA 92663 Re: Your letter of April.22, 1982 Dear Ms. Dey: To answer your question, the exact 'location of pilings, other than end piles, is optional and as such their location is not made a part of the harbor permit. That being the case, the piling you refer to; "twenty feet in from the end of the westerly finger", is consistent with the City's Harbor Permit Policies. If I can be of any further assistance in this regard, please call me at 640-2156. Sincerely, Tony Me 7,7u r P#1 Tidelands Administrator TM: db 3300 Newport Boulevard, Newport Beach VIRGINIA DEY 3326 Via Lido Newport Beach, California 92663 April 22, 1982 Mr. David Harshbarger, Director Marine Department City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663 Dear Mr. Harshbarger, The Marine Department issued a Harbor Permit dated 5/28/80, # 124-3320, to the Bahia Condo Association, 3320 Via Lido, Newport Beach, California. Will you please review said Harbor Permit # 124-3320 in regard to a piling that was placed approximately twenty feet in from the end of the westerly finger. Please advise by return mail if this piling is consistent with the City's Harbor Permit Policies and is included as a part of the authorized Harbor Permit. Please see your correspondence with Gillis & Derby, Inc., in care of Steve Barrett, Contractors for the docks, dated, May 15, 1981. I thank you in advance for your attention to this matter. 7�'V�r Truly; Yours, irgi ills DPy IPA November 6, 1981 Bahia Condominium Association c/o W. N. Kennicott 3322 Via Lido Newport Beach, CA 92663 Dear Mr. Kennicott: I have reviewed the plan you submitted for a 4 foot high security railing on the float that is adjacent to the Koll Marina. If the rail is built according to the drawing specifications, I see no need for a permit at this time. The security fence will be noted on your perinit and the submitted drawing will be added to your permit file. If you have further questions in this regard, please call me at 640-2156. Sincerely, A - Tony Mel U' Tidelands Administrator `ltd- I all - 330'0 Newport Boulevard, Newport Beach, California 92663 OAK July 15, 1,981 Virginia Dey 3328 Via Lido Newport Beach, CA 92663 Dear Mrs. Dey: As of this date, the permit fees for the piers and floats at 3320 Via Lido have not been totally paid. The amount originally due was $353.60. On March 9, 1981 the City received $176.80 or one-half the amount due. As of this date the balance of $176.80 is still due in addition to a penalty of $265.20, which is a total due of $442.00 It is the understanding of the Marine Department that the balance due is your responsibility as -is the penalty, since the balance was notpaidon time. If payment is not received the Marine Department will consider the possibility of revoking the permit and having the pier removed, or possibly transferring the permit to those permittees who -have paid their fees. If I can provide any further information in this regard, you can call me at 540-2156. Sincerely, Tony ZMel Z Tidelands Administrator cc: Assistant City Attorney Burnham TM:db City Hall 3300 Newport Boulevard, Newport Beach, California 92663 July 15, 1981 Fred W. Nyquist 3316 Via Lido Newport Beach.' CA 92663 Dear Mr. Nyquist* CITY OF NEWPORT BEACH The Newport Beach Marine Department has received a complaint regarding the use of your piers and floats at 3316 Via Lido. Specifically, the complaint.is that the piers and floats are being used in violation of Sections 17.32.010 and 17.32.020 of the Newport Beach Municipal Code: 17.21.010. "Discharge of Excreta. No person shall discharge, or permit or allow any other person on a vessel under his control or command --to discharge, any human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay." 17.32.020. "Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description, into the navigable waters of Newport Harbor or on the shore of Newport Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise." It is the responsibility of the harbor permittee to see that these types of situations do not occur, and if.they do occur, to remedy them as pointed out in Section 4.1. of the Newport Beach Harbor Permit Policies: 4.1. "Pollution Control: The Permittee shall maintain the area delineated on the harbor permit free and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor from recreational and/or commercial use of the tidelands. Failure to comply with the provisions of this section shall be cause, after written notice has been given to the Permittee by the City, for the revocation of the permit.- When unusual circumstances arise with respect to the collection of debris or litter, the City Manager may authorize by the use of City forces or by contract the removal ofsaiddebris." If I can be of any assistance or provide further information in this regard, please call 640-2156. Sincerely Tony M um Tidelands Administrator TM. db City I lall' 3300 Newport Boulevard, Newport Beach, California 92663 G. Thomas 3324 Via Lido Newport Beach, CA 92663 Dear Mr. Thomas: Following our meeting in David Harshbarger's office, I discussed your problem regarding the annual permit fees with the Assistant City Attorney, Bob Burnham. It was his feeling that there was really nothing the City could do to assist you in resolving the impasse. As you are probably aware, the impasse within the Condominium Association is a civil matter which must be worked out among its members. In the meantime, the balance remains due and the responsibility of the permittee, the Bahia Condominium Association. I am sorry we have not been able to assist you further. Sincerely, Tony Me4um Tidelands Administrator TM: db May 15, 1981 Gillis and Derby, Inc. 2806 Lafayette Ave. Newport Beach, CA 92663 c/o Steve Barrett Dear Mr. Barrett: The Marine Department has reviewed Harbor Permit #124-3320 issued to the Bahia Condo Association, 3320 Via Lido, Newport Beach, with regards to a piling that was placed approximately twenty feet in from the end of the westerly finger. This piling is consistant with the City's Harbor Permit Policies and is hereby included as a part of the authorized Harbor Permit. Sincerely, David Harshbarger, Director Marine Department ('It%- hail, ® 3300 Nem -port Boulevard, Newport Beach, California 92663 SPLCO-N DEPARTMENT T OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. SOX 2711 LOS ANGELES, CALIFORNIA 90053 19 May 1980 Bahia Condominium Association 3322-3328 Via Lido Newport Beach, California 92663 Gentlemen: In response to your request of.25 January 1980 (80-140) inclosed is your validated permit. Your attention is particularly invited to the Special Conditions on pages 3 and 4. Also inclosed are copies of forms for reporting the status of work and authorization notice. Sincerely, 3 Incl `GN`�. TEAGU 1. Permit Colonel, CE 2. Work Status -Form (dupe) District Engineer 3. Notice of Authorization • Ap80-140 plication No. Name of Applicant BAHIA CONDOMINIUM ASSOCIATION Effective Date 7 19 Mair 1 (420 Expiration Date (If appljcable). 19 May 1983 DEPARTMENT OF THE ARMY PERMIT Referring to. written request dated 25 January 1980 for a permit to: (X) Perform work in or affecting navigable waters of the United. States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); ( ) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92-532); Bahia Condominium Association - 3322-3328 Via Lido Newport Beach, California 926631. is hereby authorized by the Secretary of the Army: toperform the following: remove three (3) boat slips, one;(1) finger pier, six.(6) concrete guide piles, and one. -(1) ramp; install three..(3) boat -slips, six (6). concrete guide.piles;'and'one (1) ramp inNewport Bay, Pacific -Ocean. at 3320 Via .Lido, Lots 2, 3,' -and 4,.-Tract.1622, City of Newport Beach, Orange County, California,./// , in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings: give file number or other definite identification marks.) "BAHIA CONDOMINIUM.ASSOCIATION" (Sheet 1 of.1) DATED::.1/2.3/80: subject to the following conditions: I. General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 EDITION OF 1 APR 74 IS OBSOLETE. (ER 1145-2.303) 1 JUL 77 1 The following Special Conditions will be applicable when appropriate; STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such Tights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. . MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this. permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 404(b) of the FWPCA and published in 40 CFR 230; ,I b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non -point sources of pollution; and d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system. I DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act of 1972, published in 40 CFR 220.228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized herein. This.permit shall become effective on the date of the District Engineer's signature. I Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE) ///S i. //��6 DATE BYAUTORITY OF THE SECRETARY OF THE ARMY: 19 May 1980 GWYNN ATEAGUE DATE . Colonel, CE DISTRICT ENGINEER, U.S. ARMY, CORPS OF ENGINEERS 'Transferee hereby agrees to, comply with the terms and conditions of this permit. TRANSFEREE DATE b. That all activities authorized herein shall, if they involve, during their construction or operation, any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat- 816), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L, 92-532, 86 Stat. 1052), or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shah, if applicable water quakily standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat'on plan contained in such revised or modified standards, or within such longer period of time as the. District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances, d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall permit the District Engineer or his authorized representatives) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate. or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate 0 ) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt .of this notice of suspension, the permittee may request a hearing.in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any 'modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the. United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion. o. That if the activity authorized herein is not started on or before day of/19i//�/��/ (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before day of1%4,_, , .Z;IT. 19' ////// , (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. P. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q, That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit, In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. - 11. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): a.: Contact.thc U.S. Coast .Guard, Aids to Navigation Branch (213-591-2222) at least two (2) weeks prior to any construction. b.: That if any findings of potential archaeological,.scientific, pre- historic:or historic significance.occur during construction, work shall be immediately suspended and the District Engineer shall be notified. After an .evaluation of the significance of the findings; .this permit may be modified; .suspended or .revoked 'in .whole .or in part, in :accordance with General Condition (7) or. (k)...::/// I 'i i 3 F May 15, 1981 Gillis and Derby, Inc. 2806 LaFayette Ave. Newport Beach, CA 92663 c/o Steve Barrett Dear Mr. Barrett: The Marine Department has reviewed Harbor Permit #124-3320 issued to the Bahia Condo Association, 3320 Via ''Lido, Newport Beach, with regards to a piling that was placed approximately twenty feet in from the end of the westerly finger. This piling is consistant with the City's Harbor Permit Policies and is hereby included as a part of the authorized Harbor Permit. Sincerely, David Harshbarger, Director Marine Department DBH:nn Ci(y Hall • 3300 Newport Boulevard, Newport Beach, California 92663 MARINE ity of I\Tewpuft __ i SEMENT TAT OF 3300 NEWPORT BOULEVARD ACCOUNT NEWPORT BEACH, CALIFORNIA 92663 xFjr,WPR9F9XXKXXXXXXlAA*TW1W 1714040-2156 PIER ADMINISTRATION 13ZO VIA LIDO - COMMEMIAL - 0124-3320-01 STATEMENT SM 03-01- N XM E -BAHIA CONDO ASSOC STREET 3324 VIA U00 Z :G THAAS PITY NEWPORT BEACH CA 9?663 ORIGINAL RETAIN FOR YOUR RD AMOU11, ANNUAL PIER PERMIT: 44160 50 FT X. oO85 DU ± 03/01/e1 5353 BALANCE DUE `353 PEALTIES WILL BE ASSESSE011AT ZY; OFFEE FOf EACH MCIKQA,, PAYMENT IS OELINQUENTP UP TO AND INCtOnINd 10107K, 1N THE NE` PORT BEACH MUNICIPAL RESOLUTUM 1875l* Please make chock payable to City of Newport Beach. Direct all correspondence to Finance Director, City of Newport Beach, 3300 W. Newport Blvd., Newport Beach, 92663 W.N. KENNICOTT 192 SHIRLEY D. KENNICOTT 3322 VIA LIDO 714-673-2409 DME NEWPORT BEACH CA 92663 16-6611220 $ �7 PAYTO THE ORDER OF DOLLARS BANKOFAMERICA"' CITY OF INDUSTRY BRANCH 150 N. HACIENDA BLVD., CITY OF INDUSTRY, CA. 91744 1 2 2DOO 2 C3 0'.01t32D03EL0S3E!0I1' /z�f33Zd THOMAS ENTERP 31SES 4 3324 VIA LIDO*NEWPORT BEACH CA*92663 W TELEPHONE: (714) 675-62E 1 198 h is Condominiu Association 3322 Via Lid*' Newport Bead -hp California Attentions Wz. Kennicott. Chairman of the members R IE ; «oat located at 3326 332$ Via Lido basin* -* Kennicetti I was not ire that theB.C.A. had opened a. ship repair yard. feel we are very lax in allowing such liberties by Y. Dey located at above subject address. I can year the flack from Dey if any of the other members were to bring an 83' boat# berth it in front of residential condo and proceed to educt standard shipyard repairs and maintenancof, Sand# pantings replacing glass pane, stumping bilge waste fluid into the bay* bottom scraping and gonerally polluting the b -V* The boat owner# evidentlly with the approval of Days is using the Bahia basin# saving gads instead of tang It to Vido shipyard# or others, where this type of maintenance should be die This work bei on July 28# 1980 and as of above data is still in progress, I ars writing this to b eome a part of B.C.Q. records regardir acing the 3 26 - 3326 bagi as a shipyard for majox repairs at the present tame or in the future. CSF PO CITY OF NEWPORT BEACH FoF�N`P June 16, 1980 Bahia Condominium Association 3322 Via Lido Newport Beach, CA 92663 Dear Sirs:, On June 16, 1980, I.inspected the commercial docks that have been revised under the City of Newport Beach Harbor Permit #124-3320. The docks meet the requirements of the City of New- port Beach Harbor Permit Policies as regards the structures themselves. It will be necessary to ob- tain final approval from the Community Development Department as regards the plumbing and electrical, and the City Fire Department regarding the fire pro- tection system. If I can be of further assistance, -please -call 640-2156. Cordially, /l Tony elum Tidelands Administrator TM:ak City Hall 3300 Newport. Boulevard, Newport Beach, California 92663 T STATE OF CALIFORNIA i EDMUND G. BROWN 1R., Governor CALIM IA COASTAL. COMMISSION SOPTH COAST REGIONAL COMMISSION r� 666 E. OCEAN BOULEVARD, SUITE 3107 P.O. BOX 1450 LONG BEACH, CALIFORNIA 90801 COASTAL DEVELOPMENT PERMiIT (213) $90.5071 (714) 846-0648 Permit Type: [x_/ Administrative% / Standard /_7 Emergency Application Number: A-80-6637 , Name of Applicant: Bahia Condo. Assoc. 3322 - 28 Via Lido, Newport Reach, CA 92663 Development Location: 3322 3328 Via Lido Newport Reach, CA 92663 Development Description.:.Modification to an existing commercial dock. Revision will extend float's to U.S. Project Line. Proposal has approval from State Lands Commission and RWQCB. Z. Whereas, at a public hearing, held on March 31, 1930 at - Huntington Beach :by a vote of unanimous the Commission hereby grants, subject to condition/s, a permit for the proposed development on thie grounds that, as conditioned, the development is in conformity with the provisions of Chapter 3 of the Coastal Act, will not prejudice the ability of the local government, having jurisdic- tion over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act of 1976, is located between the sea and the public road nearest thesea and is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. U. Conditions: none (Bate) (Signature) Condition/s Viet On By rgc :II. This permit may not be assigned to another person except as provided in Section 13170 of the Coastal Commission Rules and Regulations. IV. This permit shall not become effective until a CORY of this permit has been returned to the Regional Commission, upon FIch copy all permittees or agent/s authorized in the permit application have acknowledged that they have received a copy of the permit and have accepted its contents. V. Work authorized by this permit must commence within two years from the date of the Regional Commission vote upon the application. Any extension of time of said commencement date roust be applied for prior to expriation of the permit. VI. `Issued on behalf of the South Coast Regional Commission on April 4 198 0 M. J. Ca.jpenter~ Executive Director I, permittee/agent, hereby acknowledge receipt of Permit Number A-80-6637 and have accepted its contents. (Bate) (Signature) Aonv,css 33 a a 10�n%G C pO COA,'rVAC ra.* G,i 1,s & 'DQ 6 S .l?A7W ! Z 3 [a® y 12- V- CITY OF NEWPORT BEACD c'�ce�oa�'�� March 14, 1980 Mr. George Thomas 3324 Via Lido Drive Newport Beach, CA 92663 Dear Mr. Thomas: In response to your request on March 13, 1980, let me give .you some background concerning the land within Newport Harbor, and specifically bayward of the bulkhead at 3324 Via Lido Drive. The submerged lands bayward of 3324 are State tidelands. They belong to the State of California, and therefore the people of California. These lands within the City limits of Newport Beach have been granted to the City to administer in trust by three State Statutes passed in 1919, 1927, and 1929..The general thrust of these statutes was that Newport Beach administer these lands to promote commerce, navigation, and recreation at no cost to the State. One of the most common permitted uses of the tidelands is the shore -connected piers and floats bayward of the privately owned uplands such as in front of your property. The Bahia Condominium Association, under the City permit system, is permitted to build and use the pier and float and thereby the tidelands in front of its property in conformance with the City's Harbor Permit Policies (copy attached). They are, however, not allowed to attempt to forbid the full and free use by the public of all navigable waters at or adjacent to their structure. The rights given under such permits are permissive, and the City reserves the full right, power and authority to revoke the permit at any time. Permittees depending on their designation as either non-commercial or commercial pay an annual pier fee. This fund is used in improving and maintaining the tidelands. If I can be of further help in these matters, please call me at 640-2156. Sincerely, Tony Melu�m Tidelands Administrator TM: mw Attachment City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P. O. BOX 2711 LOS ANGELES, CALIFORNIA 90053 3 SPLCO-N Public Notice No. 80 -140 -RA 12 MAR 1980 Date Comments Due: 14 APR 1980, YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT APPLICANT: Bahia Condominium Association 3322-3328 Via Lido Newport Beach, California APPLICANT'S AGENT: Mr. Steve Barrett. Gillis and Derby, Inc. (714) 673-11630 ACTIVITY: Under Section 10 of the. River and 'Harbor Act of 1899, the, applicant proposes to,perform the following: remove three. (3) boat slips, one :(I) finger pier, six (6) concrete guide piles, and one (1) ramp; install three (3) boat slips, six,(6),concrete guide.pil.es, and one (I). ramp. All work. will .be, done in Newport Bay, Pacific Ocean, at 3320 Via Lido, Lots 2, 3,.and 4, Tract 1622, City of Newport Beach, Orange County, California, as shown on the attached: drawing. PURPOSE AND USE: To provide private boat docking facilities. FEDERAL, STATE AND LOCAL AUTHORIZATION: Approval has been received from the Water Quality Control Board -Santa Ana Region.,- Approvals will also be required from the City of Newport. Beach and California Coastal Commission, prior to issuing.the permit. ENVIRONMENTAL IMPACT: A Preliminary Environmental Assessment of the proposed project has determined -that some adverse impacts would occur. Removal of existing piles and installation of six concrete,piles would generate some turbidity. Attached communities of marine organisms on the existing structures and benthic organisms immediately beneath the new piles would be eliminated. A temporary increase in the ambient noise level -and ,impairment- of local aesthetic would .occurJor the dura.-. tion of construction activities. The new.p.iles and docks wouldprovide substrate for new communities of attached organisms which should begin to colonize the structures.soon after proj,e,ct-completion- Preliminary review of the proposed project indicates.that this work will not significantly affect the quality of the human environment. SPLCO-N Public Notice No. 80 -140 -RA APPLICANT,: Bahia Condominium Association 1 2 VAR 1980 Therefore, preparation of an Environmental Impact Statement is not anticipated at this time. Should significant;additional information be developed concerning ,the proposed action or should the application, be significantly modified, the effect of the action will be reevaluated and a supplemental assessment.will be prepared. The supplemental assessment may, conclude that an EIS is required. IMPACT ON HISTORIC PLACES AND NATURAL LANDMARKS:. The proposed activity is not near any of the sites listed in the National Register of Historic Places or the National Registry of Natural Landmarks. Anyone having knowledge of., archaeological, scientific, prehistrric. or historic materials in the immediate area should contact this office during the comment period. The permit (if issued) will include a condition that if potentially significant.findings are made during construction, work shall be suspended immediately. The findings shall be -reviewed and: appropriate action will be taken. CRITERIA: Your written comments or objections should include the number and date of this notice and must reach this office within thirty (30) calendar days. The decision whether to issue a permit will be based on an evaluation of the probable impact of, the activity on .the -public interest.. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity ° must be balanced against itsreasonablyforeseeable detriments. All factors which may be relevant to the activity will be considered; among those are conserva- tion, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use classification, navigation, recreation, water supply, water quality, and, .in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. ® /wCd pA D o. ops ilc w+. p. A t LAe. wew No f'<VICIMIT1' SKETCH Dre��e^�s �er�r NDwsORr BAY CALIFORNIA SDU�7d/n9S ove exoressed /n and d:nole y b e/p.✓ Meo.? Cower G o w Wa frr. /Wor/-..ci.n rorf�e of /!dc ®PprvA/mo�`/y /O ,/eerf f-/oroor �nc5 ort te�o6lt'shad in �/riS . sec/'O" oF/VCM-'00'/ Boy. ro Li S. Pfe.r�leo.d FI II t f^ c� 6 5 q 3 2 / L v/ A4 L / p p [./cA,vTs �oh�c�, � o►,do' Assn, Lo�-2-3-4�Bz.& T .acTI G a -, -Io® AOOQssS D V a. t^ o LCa.vrWAcraw G,1115sDof6�S�/.p�4s�'�:3 k CITY OF NEWPORT BEACH MARINE DEPARTMENT February 25, 1980 TO: MAYOR AND CITY COUNCIL FROM: Marine Department ITEM NO.:H-11 SUBJECT: HARBOR PERMIT APPLICATION #124-3320 BY THE BAHIA CONDOMINIUM ASSOCIATION TO REVISE EXISTING SLIP FLOATS BAYWARD OF 3320 VIA LIDO Recommendation If desired, approve the permit subject to: 1. Approval of the U. S. Army Corps of Engineers. 2. Approval of the South Coast Regional Zone Conservation Commission. 3. That approved methods of debris control be used during the demolition and removal of the existing slips. 4. That the slip spaces as revised be reserved for the occupants of the Condominium Association. 5. That a fire protection system be installed in accordance with plans approved by the Fire Department. 6. That any domestic water services and/or electrical service revisions and new installations on the slips be installed under a permit obtained from the Department of Community Development. The prior approval of the City Council is required on this application because: 1. The proposed harbor permit application abuts upland property that is zoned commercial. 2. More than one slip or float is requested bayward of a single parcel. 3. The proposed ships will extend 20' channelward of the U. S. Pierhead Line. NOTE: Section 23J (page 11) of the Council's Harbor Permit Policies states, "U. S. Bulkhead Station No. 122 to 125 - Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line". (The project is within these identified bulkhead zones.) Mayor and City Council -2- February 25, 1980 The proposed revision will reduce the number of slips available to the Condominium Association, but it will not reduce the available berthing space. It will also make available space for larger vessels that can be accommodated in the existing slip configuration. The applicant proposes to extend the floats out to the U S. Project Line which is. allowed under the above quoted Harbor Permit Policy Section. The proposed revision will not require dredging. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Melum Tidelands Administrator TM: mw 4 t (ti CITY OF NEWPORT BEACH MARINE DEPARTMENT December 10, 1979 TO: MAYOR AND CITY COUNCIL ITEM NO.: H -12A FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION #124-3320 BY THE BAHIA CONDOMINIUM ASSOCIATION TO REVISE EXISTING SLIP FLOATS BAYWARD OF 3320 VIA LIDO. Recommendation If desired, approve the permit subject to: 1. Approval of the U. S. Army Corps of Engineers. 2. Approval of the South Coast Regional Zone Conservation Commission. 3. That approved methods of debris control be used during the demolition and removal of the existing slips. 4. That the slip spaces as revised be reserved for the occupants of the Condominium Association. 5. That a fire protection system be installed in accordance with plans approved by the Fire Department. 6. That any domestic water services and/or electrical service revisions and new installations on the slips be installed under a permit obtained from the Department of Community Development. Discussion The prior approval of the City Council is required on this application because: 1. The proposed harbor permit application abuts upland property that is zoned commercial. 2. More than one slip or float is requested bayward of a single parcel. 3. The proposed slips will extend 20' channelward of the U. S. Pierhead Line. NOTE: Section 23J (Page 11) of the Council's Harbor Permit Policies states, -"U. S. Bulkhead'Station No. 122 to 125 - Piers or boat slips may be permitted to extend 20 feet channelward of the U. S. Pierhead Line (The project is within these identified bulkhead zones.)- The proposed revision will reduce the number of slips available to the Mayor and City Council -2- December 10, 1979 Condominium Association, but it will not reduce the available berthing space. It will. also make available space for larger vessels than can be accomodated in the existing slip configuration. The applicant proposes to extend the floats out to the U. S. Project Line which is allowed under the above quoted Harbor Permit Policy Section. The proposed revision will not require dredging. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Tony Melum Acting Tidelands Administrator TM:mw STATUS SHEET HARBOR PERMITS LOCATION a_a Z, New. PERMIT NO.27- �/- 332-4) Revision APPLICANT NAME la, v -4S11y Dredging CONTRACTORG. Date Rec'v /— -,,7 G' Fee Amt. � Fee Processed +� Date Reviewed by Marine Dept. `'�349 Approved Denied Corection Required - Description City Council: Approved ,y��} Denied y Remarks BATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1. Application 2. Consent Ltr. 3 "Waste" Ltr, 4. Drawings 5. Staff Report 7. 8. REMARKS DATE FINAL INSPECTION P() ° CITY OF NEWPORT BEACH August 3, 1979 Ms. Claudia Ding 2515 E. Coast Highway Corona del. Mar, CA 92625 Dear Ms. Ding; The Newport Beach Community Development Department inspected the pier and float at 3322 Via Lido on August 1, 1979. As a result of the inspection, a correction tag was posted on the facility. The tag indicated that the water line needed an antisiphon device, and the electrical connections at the sea wall and at the 'individual fingers needs maintenance and parts replacements. If you have additional questions regarding the above, please call 640-2156. Sincerely, Tony Mlum Harbor Inspector TM:mw r= .P u r City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 - CITY OF NEWPORT MARINE DEPARTMENT _ INSPECTION REQUEST FROM: LOCATION: ''° �' HARBOR PERMIT #: Our inspectionofthe pier and slip at the above address for conformance with the City's Harbor Permit Policies revealed the following items may not be in conformance with City standards: p. j fl 0 t � Upon completion of your inspection, please return one copy of this reques w" ty.0ur ' , recommendations and/or actions to the Marine Department. Date Signature "- T"p, A,- 0 C- c4t 0 7L, BANK OF NEWPORT 32nd Street @ Tafayette Newport Beach, Ca. 92803 (714) 675-6333 City of Newport Beach - City Hall Marine Safety Department 3300 W. Newport Boulevard Newport Beach, Ca. 92663 jkttention: Dave Harshbarger Date May 2, 1977 Escrow,No.1268-3 Your No.Unit 2 ptn of ParcelI und. 1/4 int. AKA 3322 Via Lido, Newport Beach, Ca. 92663 We are enclosing the following in connection with our above numbered escrow: (Xx� Pier Permit Transfer Form card, original and three copies attached executed by Paul Pacera, Jr., (Seller) to Bahia Condominium Association, executed by Virginia Dey, George Thomas and Paul Stemm. Property was sold to Virginia Dey, and her mailing address is: 3328 Via Lido, Newport Beach, Ca. (XX) Our Escrow Check No. 2927 in the amount of $150.00 representing transfer fee on the above mentioned property. Original Policy of Title Insurance No. ............................................. dated ............................................................ Copy issuedby ........................................................................................................................................................... .......................... I ................................................................................................................................................... OriginalFire Insurance Policy No. .................................................... for $ .............................................................. Copy expiring........................................ issued by ......................................... ................................................ Veryery rul yours Peggy Escrow4cer v X4 X0, P414 cl, -4 RAY Cc, Im VICINITY SKETCH NEWPORT BAY, CALIFORNIA z_=J, //5.s C7/n" -4 7-a WA /_ /".ate. dq- 17.33.020-17.33.030. HARBOR REGULATIONS statute, court action or otherwise, and whether or not the lands lying under -the tidal water are privately or publicly owned. (c) "City tide and submerged lands" shall mean that area within Newport Harbor granted to the City by the State of California. (d) "Commercial pier" shall mean a pier with multiple slips or floats which are rented or leased to boat owners, including any pier used in connection with apartments, marinas, and yacht clubs. For purposes of this Chapter, multiple piers which are adjacent to a lot or parcel or land occupied by a multi -family dwelling or dwelling units, and structures over the waters of Newport Harbor that are business or income generating in nature shall be deemed commercial. (e) `.`Non-commercial pier" shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting upland property without payment of a separate rental or lease fee. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971). 17.33.020 Statement of Policy and Intent. The City Council finds and determines that: 1. The City of Newport Beach as the grantee in trust from the State of California of most of the tide and submerged lands comprising the developed area of Newport Harbor has the responsibility of administering said lands in conformity with the purposes set forth in the trust and with the accepted standards of equity and management of public lands and resources. 2. In order to carry out its responsibilities, the City must maintain comprehensive records concerning piers and other structures permitted in Newport Harbor, must conduct periodic inspections and enforce all laws and regulations applicable thereto, and must furnish information and account to the State of California for its stewardship of said trust lands. 3. In accordance" with the foregoing findings, the City Council determines that all pier owners should pay an annual fee. 4. The revenue resulting from the foregoing fee shall 'be used exclusively for the administration, maintenance and improvement of the harbor. 5. It is the policy of the City Council that the fees imposed pursuant to this Chapter shall not be subject to any change for a period of five (5) years following the effective date thereof. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971). 17.33.030 Pier Fee. Every owner or permit holder who maintains a pier, any part of which extends into the waters of Newport Harbor, including any pier located on private property, on a dedicated channel, County tide and submerged lands, or, City tide and submerged lands, shall pay to the City an annual pier fee based upon the following schedule: (a) Non-commercial piers $10.00; (b) Commercial piers not over City tide and submerged lands — $20.00; CALIFORNIA MARINE SAFETY, DEPARTMENT City Hall, 70 Newport Pier 3300 W. Newport Blvd. Area Code 714 673-2110 .February 27, 1974 .Paul Pacera, Jr. 3700 Newport Blvd. #206 Newport Beach, Calif. Dear Mr. Pacera: The City of Newport Beach has received an application to transfer pier permit #1243320 for the property located at 3320-3330 Via Lido. The structure was inspected on 3-26-74 at which time it was determined that the following deficiencies exist: "rn �1.Electrical wiring must be in an acceptable conduit. 2.Electrical outlets must have twistlock receptacles. 3.All telephone wiring must be firmly attached to float out of water. 4.Telephone junction boxes must be in good repair. -'---5-Anti-siphon device must be a pressure type device. In accordance with Section 10-D of the City Harbor Permit Policies "All structural deficiencies must be corrected...." A permit for this work must be obtained from the Community Development Department. Would you please advise this department when this requirement has been met. If you have any questions, please contact me at 673-2110, Ext. 291. Thank you for your cooperation. Since ely, D. Harshbarger, Captain Marine Safety Department DH:GW:lf 70 Newport,Pier- may 30, 1973 &Ar. Robert XAstase R. M. Galloway & Associates P. 04 Box 1995 Newport Beach,, California 92663 Dear Mr. asta;se r - In regards to.our conservation of May 29, reference harbor Permit #124 -3.20. It was my understanding that the apart menu € n lot3. and` portions of 2 and 4 are being considered for condo ini€ m pu oses. The follo i.n information should . assist you in, handling the harbor permit requirements. .. Harbor Permit Transfer Application Our records indicate that the current permat is held by R. .A. Mil.l.and. This permit will require transfer from t1ae current upland pr%perty owner or long term leasee to an incorporated condominium association or if you wish each slip can be assigned to a condominium. owner in a joint permit, with the other condominium and slip owners. This second pro cedare is obvi.ous.l More cumbersome with no Particular advant- age. 2. Transfer Requirements At this point in time, without inspecting the facilities.,,, the City will require that the facility meet code requirements outlining structural., electrical and plumbing standards as well as commercial fixe protection, 3. Slips Reserved for Condominium tuners The Council ° s Harbor Permit Policies stipulate that piers and floats bayward of residential areas are reserved for the occur paw of t e abutting upland property.. w